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Lawrenceville City Zoning Code

ARTICLE 10

- SUPPLEMENTARY DISTRICT REGULATIONS

10-1.- General provisions.

In addition to regulations indicated for individual districts in the district regulations, the regulations below apply in more than one district.

10-1-1. On a corner lot, no fence, wall, hedge, or other planting or structure that will, as determined by the zoning administrator, materially obstruct vision between a height of 2½ feet and eight feet above the centerline grades of the intersecting streets shall be erected, placed or maintained within the area formed by the intersection of right-of-way lines at points which are:

10-1-1.1. Fifteen feet distance (triangle) from the intersection of the right-of-way lines at the corner of the lot in industrial and commercial districts; and

10-1-1.2. Twenty feet distance (triangle) from such intersection in other districts.

10-1-2. Erection of more than one principal structure on a lot: In any district (except in R-1 and R-2), more than one structure housing a permitted or permissible use may be erected on a single lot or tract provided that yard and other requirements on [in] this article shall be met for each structure as though it were on an individual lot. A lot with more than one permitted structure shall be served by public water and sewer.

10-2. - Application of regulations.

The regulations set by this ordinance within each district shall be minimum or maximum limitations as appropriate to the case and shall apply uniformly to each class or kind of structure or land, and except particularly as hereinafter provided:

10-2-1. Use, occupancy and construction: No building, structure, or land shall be used after the effective date of this ordinance, and no building structure or part thereof shall be constructed after the effective date of this ordinance, except in conformity with all of the regulations herein specified for the district in which it is located.

10-2-2. Height, bulk, density, lot coverage, yards and open spaces.

No building or other structure shall hereafter be erected or altered:

10-2-2.1. To exceed the height or bulk;

10-2-2.2. To accommodate or house a greater number of families;

10-2-2.3. To occupy a greater percentage of lot area;

10-2-2.4. To have narrower or smaller rear yards, front yards, side yards, or other open space than herein required; or in any other manner contrary to the provisions of this ordinance.

10-2-3. Required yard, open space, area, parking or loading space for one structure or use, not to be used to meet requirements for another: No part of a yard, or other open space, area, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance, shall be included as part of a yard, open space, area, or off-street parking or loading space similarly for any other building.

10-2-4. Reduction of lots or areas below minimum requirements prohibited: No lot or area existing on the effective date of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein except for the purpose of meeting or exceeding standards set forth herein. Lots or areas created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

10-2-5. Reduction of yards below minimum requirements: No yards existing on the effective date of this ordinance shall be reduced in dimensions below the minimum requirements set forth herein, unless such yard restrictions reduce the building area to unreasonable dimensions. In such cases, the board of zoning appeals shall determine the minimum requirements consistent with provision of adequate light, air, prevention of loss of life, health, and safety from fire or other dangers, and prevention of danger in travel. Yards created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

10-2-6. Reduction of required off-street parking or loading space: No existing off-street parking or loading space, and no parking or loading space hereafter provided, which meets all or part of the requirements for off-street parking or loading space set forth in these requirements, shall be reduced or eliminated so that resulting reduction results in areas not meeting requirements or standards contained herein. Reductions may be permitted where spaces are no longer required by these regulations or alternative spaces meeting the requirements of these regulations are provided.

10-3. - Regulations for certain potential uses.

10-3-1. Mobile home park regulations.

10-3-1.1. No mobile home within a mobile home park shall be located within 50 feet of an existing residence.

10-3-1.2. Prior to the development of a mobile home park, the developer must submit a sketch development plan to the planning commission and the town council for approval. The plan shall be prepared at one inch equals 100 feet or one inch equals 200 feet and shall depict the following items:

a.

Location and size of the mobile home park.

b.

Location and size of the mobile home lots.

c.

Location and width of the proposed internal streets, and common walkways.

d.

Location and size of the proposed sanitary facilities.

e.

Location and size of the proposed service building and recreation area.

f.

Location and size of water facilities.

10-3-1.3. The mobile home park shall be developed in accordance with the approved plan.

10-3-1.4. The mobile home park shall be well-landscaped.

10-3-1.5. Each mobile home lot shall meet the following minimum requirements:

a.

Minimum lot area: 5,000 square feet.

b.

Distance between mobile homes and parking spaces shall be arranged to provide a distance of 20 feet between units, but in no case closer than ten feet to the individual lot line of the mobile home space. Setback from the front right-of-way should be ten feet and ten feet from the rear property line.

c.

Minimum lot width: 50 feet.

d.

Minimum lot length: 100 feet.

e.

Minimum yard requirements: front, 20 feet; rear, 20 feet; side, 12 feet.

f.

Maximum height: No mobile home shall exceed 16 feet in height. This provision does not apply to utility poles and TV and radio aerials.

10-3-1.6. Street improvements.

Surfaced streets and pedestrian walkways, having a minimum way width of 30 feet, shall be provided within the mobile home park to accommodate vehicular and pedestrian movement. The minimum right-of-way width shall include 20 feet for cartway (moving lanes), eight feet for parallel guest parking and two feet for pedestrian use. All streets shall be constructed in accordance with the construction standards of the Virginia Department of Transportation.

10-3-2. Townhouses.

10-3-2.1. For the purposes of this section, townhouses are defined as single-family dwelling units constructed in a series of including three or more units with common walls.

10-3-2.2. No more than eight townhouses shall be contiguous.

10-3-2.3. Minimum width for the portion of the lot on which the townhouse is to be constructed shall be 18 feet from center of wall to center of wall.

10-3-2.4. Lot area: Minimum lot area shall be as required to meet other provisions of these regulations.

10-3-2.5. Separation requirements: Any building containing a group of five or more townhouses shall be separated by at least 40 feet from any other townhouse building. Any building containing a group of four or less townhouses shall be separated by at least 20 feet from any other building containing a group of four or less townhouses.

10-3-2.6. Setback regulations: The minimum setback shall be 25 feet from any common vehicular drive, street or parking space. Lots need not front on a dedicated street.

10-3-2.7. Side yard regulations: Where a group of townhouses adjoins another zone district or use, a side yard 30 feet in width shall be provided for the end residence within the group. Where a group of townhouses adjoins a private drive or parking area or walkway intended for the common use of townhouse occupants, a side yard 15 feet in width shall be provided, but half the width of such private drive or parking area or walkway shall be allowed to be counted as a portion of the required 15 feet; provided, that in no case shall a side yard of less than ten feet in width be provided for each end residence in any group of townhouses. No accessory building shall be erected in any required side yard.

10-3-2.8. Rear yard regulations: Each townhouse shall have a minimum rear yard of 40 feet, except when the rear yard abuts such yard shall be at least 25 feet. An accessory building not exceeding ten feet by ten feet may be constructed in any rear yard.

10-3-2.9. Individual lot area: Each townhouse shall have a yard containing not less than 1,600 square feet for interior lots and 2,500 square feet for end lots. Townhouses shall be served by public water and sewer.

10-3-2.10. Height regulations: The height of all townhouses shall be limited to 35 feet. Accessory buildings shall not exceed 15 feet.

10-3-2.11. Visibility at access points for automobiles: At the intersection of any private drive or entrance or exit for a common parking area with a public street, no fence, wall, hedge, other planting or structure forming a material impediment to visibility between a height of 2½ feet and ten feet shall be erected, planted, placed or maintained, and no vehicle so impeding visibility shall be parked within triangular areas defined by lines connecting points as follows:

Beginning at the point where the midline of the private entrance or exit for a common parking area intersects the public right-of-way, thence to a point 35 feet along the right-of-way line in the direction of approaching traffic, thence a point 25 feet toward the interior of the property along the previously described midline, and thence to [the] point of beginning.

10-4. - Supplemental sign regulations.

10-4-1. No person except a public officer or employee in performance of a public duty shall paste, paint, print, nail, tack, erect, maintain or fasten any sign, pennant, outdoor advertising sign, billboard, or notice of any kind, or cause the same to be done, facing or visible to any public street or public open space, except as provided or [for] in this ordinance.

10-4-2. Excluded signs.

10-4-2.1. Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, or names of occupants of premises.

10-4-2.2. Flags and insignia of any government except when displayed in commercial promotions.

10-4-2.3. Legal notices; identification, informational, or directional signs erected or required by governing bodies.

10-4-2.4. Integral decorative or architectural features of the buildings, except for trademarks, moving parts, or moving lights.

10-4-2.5. Signs directing and guiding traffic on private property, but bearing no advertising matter.

10-4-2.6. Signs or emblems of a civic philanthropic, educational, or religious organization temporary in nature.

10-4-2.7. Memorial tablets or signs.

10-4-2.8. Signs placed by a public utility showing the location of underground utilities.

10-4-2.9. Signs displayed for the direction or convenience of the public, including signs which identify restrooms, location of public telephones, freight entrances, no trespassing and posted signs or the like.

10-4-3. Permits: Applications for sign permits shall be made to the building inspector and handled in accordance with the provisions of the uniform statewide building code. A fee for processing and inspection will be charged as set forth in the separate fee schedule as approved by the town council.

Those signs excluded from obtaining a permit include:

10-4-3.1. All signs pertaining to motor vehicle traffic or directional signs that are installed or approved by the Virginia Department of Transportation or the Town of Lawrenceville.

10-4-3.2. Temporary signs denoting firms, such as architectural, engineering or construction firms, engaged in the work on a construction site, or announcing future use of the property.

All other temporary signs are required to obtain a permit.

Unless otherwise specified permits for temporary signs shall authorize the erection of said signs and their maintenance for a period not exceeding 30 days.

Real estate agencies are required to obtain one sign permit for all real estate signs within the town. Real estate signs shall be removed within five days of closing on the advertised property. Permits may be required for every sign if the real estate sign regulations are not observed.

10-4-4. General sign prohibitions and regulations. The following prohibitions and general regulations shall apply to signs in all zoning districts:

10-4-4.1. Any sign now or existing after the effective date of this ordinance which no longer advertises a bona fide business conducted, product sold or activity or campaign being conducted, shall be painted out or otherwise removed by the owner, agent or person having the beneficial use of the building, structure or lot upon which such sign may be found within 30 days of such cessation. Upon failing to comply within the time specified, the zoning administrator is hereby authorized to order painting out or removal of such sign, within 30 days of a written notification, and any expense incident thereto shall be paid by the owner of the building, structure or lot to which such sign is attached.

10-4-4.2. Any sign to be painted directly onto the surface of a wall must obtain approval from the building official.

10-4-4.3. Pennants, banners, sandwich-type signs and balloons or other gas-filled figures shall be permitted only for a new business in a business or industrial district for a period of not more than 15 days after the opening of such new business. At no other time shall such devices be permitted.

10-4-4.4. No sign shall be permitted to be nailed or tacked upon or otherwise affixed to any existing sign structure unless it is to become an integral part of such existing sign structure.

10-4-4.5. Location: No sign shall be located or hung over the right-of-way of any street, sidewalk, driveway, walkway or accessway except that a sign attached to the wall of a building may project 15 inches from the wall and into such right-of-way, provided that projection does not occur within ten feet vertical clearance of the ground. No sign shall extend nearer to the curbline than two feet.

10-4-4.6. In unified shopping centers under single ownership or control except for drive-in type uses such as service stations, no freestanding business signs shall be permitted to be erected in the required front yard except one sign for each street frontage to such center not to exceed 600 square feet in area.

10-4-4.7. No revolving beam or beacon of light resembling or simulating any emergency vehicle or facility shall be permitted to be erected as part of any sign display.

10-4-4.8. No wall sign shall be attached as to obstruct any window, door, stairway or other opening intended for ingress or egress or for needed ventilation and light.

10-4-4.9. Neon lighting and tubing may be used on permitted signs in business and industrial districts, but it is not permitted to outline buildings by use of exposed neon tubing, strings of lights or otherwise.

10-4-4.10. Any regulations not referred to [in] the Town of Lawrenceville Zoning Ordinance [but] included in the adopted Statewide Building Code for Lawrenceville also become regulations and standards to be met by all signs.

10-4-4.11. Any variances to these regulations must go through the board of zoning appeals to be approved.

10-4-4.12. Signs, other than authorized traffic signs, near a street right-of-way: No sign shall be erected at the intersection of a lot or tract of land with the right-of-way of any street in such a manner as to create a traffic hazard by obstructing vision between the heights of 2½ [feet] and eight feet; or at any location where it may interfere with, obstruct the view of, or be confused with, any authorized traffic sign or cause any other hazard to the public health and safety as determined by a building official or engineering department representative of the Town of Lawrenceville.

10-4-4.13. Banners within the public right-of-way announcing a community service permitted provided:

(1)

The advertised activity is open to the general public.

(2)

No commercial advertisement of personal businesses will be permitted.

(3)

The requestor provides written approval of the property owner or utility company whose structure will be used to support the banner.

(4)

The banner must have a clear height from grade level to [the] bottom of [the] banner at least 18 feet.

(5)

The zoning administrator may issue a permit for not more than 15 days.

10-4-4.14. In residential zones, one subdivision development sign, advertising the prospective sale, rental, lease or trade of not more than four lots, not exceeding 20 square feet in area and located therein adjacent to one street bordering said development; provided that no such sign shall be displayed for a period longer than one year after the first offering of sale of property in the subdivision to which the sign pertains.

10-4-4.15. Portable signs permits may be granted for a period not to exceed 14 days for activities that are open to the general public, advertising projects of benevolent, social, civic and volunteer service groups. Portable signs are prohibited that are used to promote a for-profit enterprise.

10-4-5. Nonconforming signs.

10-4-5.1. It is intended to eliminate nonconforming signs except as otherwise specifically set forth in this section as rapidly as the police power of the town permits.

Any lawfully erected sign, the maintenance of which is made unlawful by this ordinance, may continue to be maintained exactly as such existed on the effective date of this ordinance.

10-4-5.2. No nonconforming sign:

1.

Shall be changed to another nonconforming sign.

2.

Shall be structurally altered so as to prolong the life of the sign or so as to change the shape, size, type or design.

3.

Shall be reestablished after the activity, business or usage to which it relates has been discontinued for 30 days or longer; or

4.

Shall be reestablished after damage or destruction if the estimated expense of reconstruction exceeds 50 percent of the replacement cost.

10-4-5.3. The zoning board of appeals may consider variances from [subsection] 10-4.5.2 or variances permitting the erection or maintenance of a nonconforming sign only upon the grounds established by law for the granting of zoning variances or upon a finding that the grant of a variance will reduce the degree of nonconformance of an existing sign or will result in the removal of one or more lawfully nonconforming signs and replacement by a sign or signs more in keeping with the spirit, purpose, and provisions of this ordinance.

10-5. - Stormwater management regulations.

10-5-1. Drainage plans may be required for developments in any zoning district. The plan shall be prepared by a licensed professional drainage engineer who is authorized by the Commonwealth of Virginia to practice as such.

10-5-2. The design of all drainage improvements shall be based on runoff to be anticipated from a ten-year frequency storm, or greater if conditions necessitate, based on conditions before development with no increase in the rate of runoff after development. Calculations supporting such design shall be furnished as part of the plan. The entire drainage area of the proposed development shall be considered in the design. The entire tract proposed for development shall be considered as if it were fully developed.

10-5-3. Where a proposed development includes more than one lot, a common stormwater management system, serving all of the lots included in the development, shall be provided, unless otherwise approved by the town engineer.

10-5-4. These regulations apply to all zoning permit applications in the Town of Lawrenceville except the following:

a.

Construction, reconstruction, moving or addition to a single-family detached dwelling or permitted accessory structure, including associated grading and clearing;

b.

Construction, reconstruction, moving or addition to a duplex two-unit dwelling, including associated grading and clearing, when development is not in conjunction with the construction, reconstruction, moving or addition to other duplexes on the same lot or on an adjacent lot under the same ownership; [and]

c.

Additions to buildings or uses which do not result in an increase of greater than ten percent of the floor area of a building and where the number of required parking spaces is increased no more than six spaces.

10-5-5. Performance guarantee: The town may require the developer of any project exceeding the minimum area exempted by the Erosion and Sediment Control Law (Code of Virginia, § 10.1-560 et seq.) to post such security acceptable by the town in the form of cash, certified check, performance bond, surety bond, or certificate of deposit endorsed to the town to ensure that all stormwater management facilities and controls perform as identified in the approved plans and calculations. The town shall not require more than ten percent of the total performance guarantee in cash. Nothing in this section shall preclude the town or any citizen from seeking relief through a writ of law for any drainage claim resulting from the improper installation or maintenance of the stormwater management system by the developer and subsequent owner.

10-6. - Screening and transitional yards.

10-6-1. Where screening is required in this ordinance, it is the intent to provide a physical integration of uses which promotes the public health, welfare and safety by preventing visual pollution, the overcrowding of land, the undue congregation of people and vehicles and to promote the peaceful enjoyment of property within the Town of Lawrenceville. Screening is to limit the view and reduce the noise between incompatible abutting uses to ease the transition from one zone to another.

10-6-2. Certain activities shall be screened by structures, walls, fences, landscaping or a combination thereof in order to ease the transition of one land use or activity to another. In addition, as required by this article, a transitional yard shall be provided when zones of different intensities abut. Such transitional yard shall be provided in accordance with [sub]section 10-6-3 below.

10-6-3. Specific standards.

(A)

Required screening shall be provided in accordance with the following standards to achieve the intent of this section, except where otherwise provided in the district regulations of this ordinance:

1.

The screening shall be continuous and in place at the time of occupancy. If vehicular or pedestrian access through the screen is necessary, the screening function shall be preserved.

2.

Architectural screening (fences, manmade barriers, berms, etc.) shall be at least six feet in height and shall be subject to the provisions of section 10-7. Vegetative material shall be alive and in good health. Evergreen vegetation shall be not less than 1½ inches diameter measured six inches above ground. Vegetative material shall be maintained in good condition and allowed to grow at least six feet in height.

3.

Screening design and development shall be compatible with the existing and proposed land use and the development character of the surrounding land structures.

4.

Screening shall be of sufficient density and diversity to achieve the intent of this section.

(B)

The following list of specific screening provisions is descriptive of configurations which, among others, meet the standards of [subsection 10-6-3](A) [of this section] above:

1.

White pines, Lob pines, Eastern red cedar, Norway spruce, Canada hemlock, or similar tree.

2.

Yew, box honeysuckle or similar dense hedge.

3.

A six-foot-high architectural screen (fences, manmade structures, berms, etc.) supplanted with plantings.

10-6-4. Specific transitional yard standards.

a.

A transitional yard shall be required in any zoning district when that district abuts or adjoins a zoning district of lower intensity, and shall be measured from the zoning district line to produce a transitional yard of at least minimum depth in accordance with the following chart:

District Abutted District (Lower Use Intensity)
(Higher Intensity) R-1
(feet)
R-2
(feet)
R-3
(feet)
Commercial
(feet)
R-2 20
R-3 30 20
Commercial 50 50 30
Industrial 60 60 50 30

 

b.

Nothing in this section shall be interpreted as authorizing the reduction of any yard in any district.

c.

The transitional yard shall be provided in the higher intensity use yard. A screen meeting the provisions of section 10-6 shall be provided in the transitional yard.

10-6-5. Along public streets: For zoning permits involving new construction the following list of activities in addition to being screened as prescribed, shall be screened so that the activity is not visible from a public street within 300 feet of the lot on which the activity is located: articles or materials being stored, maintained, repaired, processed, erected, fabricated, dismantled, or salvaged.

10-7. - Sight triangles established.

At every intersection of street rights-of-way a sight triangle shall be established within a triangular area formed by the intersection of each street right-of-way line, the apex of said triangle being at the intersection of such right-of-way lines and the two legs of such triangle running back from the apex being 12 feet in length for existing development and 25 feet for new construction. Within the sight triangle there shall be maintained a clear visibility zone above the height of three feet when measured from the level of the curb nearest to such street or 3½ feet when measured from the level of the street at its centerline where there is no curb.