The purpose of this article is to provide those regulations which shall apply in all zoning districts. The regulations of this article shall be in addition to any specific regulations contained within any zoning classification and in the event of a conflict between the regulations of this article and those contained within a particular zoning district, then the regulations within the particular zoning district shall apply. For the convenience of the user of this chapter, a chart entitled "General Lot, Yard and Height Requirements" is incorporated as a part of this section. This chart is for convenience only and in the event of a conflict between the chart and the requirements set forth in this chapter for each zoning district, the requirements set forth in this chapter for each district shall control.

GENERAL LOT, YARD AND HEIGHT REQUIREMENTS

(Code 1999, § 9-56; Ord. No. O-15-08(R2), 1-12-2009)

(a)

Conformity with the area regulations; reduction. No building or structure shall be erected, structured, converted, enlarged, structurally altered or moved on a lot or moved to another lot unless such building or enlargement conforms with the area regulations of the district on which the building is located. No lot shall be reduced in size so as to produce a parcel which is not in conformity with these regulations unless the parcel is combined with other property to produce a conforming lot or unless such parcel is needed and accepted for public use.

(b)

Exclusions from minimum lot area computation. The following areas shall not be included as part of a lot for the purpose of computing the required minimum area:

(1)

Any existing or required right-of-way established by easement or dedication.

(2)

Any area contained within an easement area for overhead high voltage utility lines.

(3)

Any area within the floodplain or subject to periodic or occasional inundation.

(c)

Required front yard and area for lots on rights-of-way less than 50 feet in width.

(1)

Where a building lot has frontage upon a right-of-way which is less than 50 feet in width, the area of the lot shall be increased in such a manner as to permit the future widening of the right-of-way without the resulting effect of creating a nonconforming situation.

(2)

The zoning administrator may require additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to existing or future planned rights-of-way, in order to preserve and protect the rights-of-way for future street or highway widening.

(d)

Consolidation of contiguous lots under a common ownership upon which structures exist or are proposed.

(1)

Lots of record which are contiguous and owned by the same person may be consolidated for the purposes of this chapter.

(2)

Where a principal or accessory building encroaches upon an interior lot line which separates such lots, all setback yard dimensions and other requirements shall apply as if the lots were a single lot. A building permit shall not be issued on the lots unless they are consolidated. If ownership becomes separate rather than common, a building permit shall be withheld on the separated lots. Where a principal or accessory building does not encroach on an interior lot line, all setback yard dimensions and other requirements shall apply as if the lots were in separate ownership if such lots are conforming in all other respects.

(3)

The owner of such lot may submit a request to consolidate to the zoning administrator on such forms and containing such information as may be required by the zoning administrator. By submitting an application for consolidation, the owner waives any right for himself, his successors and assigns to develop the lots as separate lots without conforming to all the requirements of this part.

(4)

Once such lots have been combined, they shall be treated as one lot for the purposes of this chapter. The zoning administrator shall note the combination on the zoning map and shall keep a properly indexed file of all such consolidations. If ownership of such lots becomes separated after a consolidation without compliance with the terms of this part, then in addition to any other penalties as may be provided, no building permit shall be issued on any lots so created.

(5)

If any such lots are located in a platted subdivision, then the owner may elect to proceed in accordance with the subdivision chapter and follow the procedures set forth therein for a re-subdivision.

(e)

Lots not meeting minimum lot size requirements. No building or structure shall be constructed on lots not meeting the minimum lot size requirements of the district in which they are located. Any such lots may be consolidated under the provisions of subsection (d) of this section in order to meet minimum lot size requirements. The following shall be exempt from the provisions of this subsection:

(1)

Lots of record on the date of adoption of this section, provided that they contain a minimum area of 20,000 square feet and have a minimum lot width of 100 feet.

(2)

Lots within a subdivision established and approved in accordance with chapter 90 of this Code after July 1, 1962.

(3)

Lots of record prior to January 3, 1967, and not within a subdivision mentioned in subsection (e) (2) of this section, regardless of size or dimension.

The burden of proof of qualification for any exemption is on the applicant.

(Code 1999, § 9-57; Ord. No. O-15-08(R2), 1-12-2009)

(a)

Multiple frontage lots. Any building proposed to be constructed on a lot having a frontage on two or more streets shall be so located as to comply with the regulations governing the front yard restrictions and setbacks on all the streets on which such lot has frontage. In the case of an interior through lot, the owner shall elect and so designate which yard shall be the required rear and the required front yard. The designated rear shall be attractively landscaped and maintained so as to conform to the character of the front yards in the general area. In the case of a corner lot, the required rear yard shall be the opposite of the front yard, as defined in this chapter.

(b)

Determination of frontage for lots. The minimum frontage requirements for lots shall be measured at the right-of-way line. In no case shall the lot frontage at the street line be less than two-thirds of the minimum lot width required by this chapter. If the provisions of section 98-52(c) apply, then the frontage shall be measured at the future right-of-way line.

(c)

State standards. In business, economic opportunity and industrial districts all lots shall front on streets designed and constructed in accordance with the state department of transportation standards.

(Code 1999, § 9-58; Ord. No. O-15-08(R2), 1-12-2009)

(a)

Maintenance of required yards. No yard or other open space for each and every building shall be encroached upon or reduced in any manner except in conformance with this chapter. No yard for one principal building shall be considered as a yard for any other principal building, and no yard on one lot shall be considered as a yard for a principal building on another lot. Shrubbery, driveways, off-street parking spaces, retaining walls, fences, curbs, planted screens and planted buffer strips shall not be construed to be encroachments on yards.

(b)

Permitted encroachments into required yards. Architectural features may project into a required yard a distance not greater than the following:

(Open structures such as steps, platforms, paved terraces or landing places which do not extend above the first floor level of the building and which have no wall more than 30 inches high)

(c)

Minimum setback. The minimum setback from any lot line for any permitted use, activity, sign, building or structure shall be five feet unless otherwise specifically provided. Fences may be erected up to the property line unless specifically restricted elsewhere in this chapter.

(Code 1999, § 9-59; Ord. No. O-15-08(R2), 1-12-2009)

(a)

Public or semipublic buildings. Public or semipublic buildings such as a school, church, library or hospital may be erected to a height of 65 feet from grade, provided that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(b)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles and antennas. Unless otherwise specifically provided, church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennas and radio aerials are exempt from any height requirements. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(c)

Agricultural structures. Agricultural structures are exempt from the height requirements of this chapter.

(Code 1999, § 9-60; Ord. No. O-15-08(R2), 1-12-2009)

(a)

Roadside stands. Roadside stands shall be set back at least 20 feet from any right-of-way.

(b)

Docks, piers and boathouses. Docks, piers and boathouses are exempt from the rear yard setback requirements.

(c)

Accessory buildings attached to principal buildings. Accessory buildings or structures attached to a principal building by any wall or roof construction shall be considered a part of the principal building and shall observe all yard regulations applicable thereto.

(d)

Accessory buildings with greater than 50 percent of floor area of primary buildings. Accessory buildings and structures with greater than 50 percent of the total floor area of the primary building or structure shall be set back a distance of not less than 30 feet from the primary building or structure.

(e)

Accessory buildings with less than 50 percent of floor area of primary buildings. Accessory structures with less than 50 percent of the total floor area of the primary building or structure shall be set back not less than ten feet from the primary building or structure.

(Code 1999, § 9-61; Ord. No. O-15-08(R2), 1-12-2009)

Editor's note— Ord. No. O-02-15, adopted May 20, 2015, repealed § 98-57 which pertained to the FMO, floodplain management overlay district, and derived from Ord. No. O-15-09, adopted Aug. 10, 2009.

Editor's note— Ord. No. O-15-09, adopted Aug. 10, 2009, repealed § 98-58 which pertained to establishment of zoning districts and derived from § 9-62.1 of the 1999 Code and Ord. No. O-15-08(R2), adopted Jan. 12, 2009.

Editor's note— Ord. No. O-15-09, adopted Aug. 10, 2009, repealed § 98-59 which pertained to district provisions and derived from § 9-62.2 of the 1999 Code and Ord. No. O-15-08(R2), adopted Jan. 12, 2009.

Editor's note— Ord. No. O-15-09, adopted Aug. 10, 2009, repealed § 98-60 which pertained to design criteria for utilities and facilities and derived from § 9-62.3 of the 1999 Code and Ord. No. O-15-08(R2), adopted Jan. 12, 2009.

If a use is not permitted under section 98-62, a conditional use permit application may be submitted in accordance with article XIX of this chapter.

(Ord. No. O-02-14, 1-13-2014)

Editor's note— Prior to the reenactment of § 98-61 by Ord. No. O-02-14, said section was repealed by Ord. No. O-15-09, adopted Aug. 10, 2009. The former § 98-61 pertained to existing structures in floodplain districts and derived from § 9-62.4 of the 1999 Code and Ord. No. O-15-08(R2), adopted Jan. 12, 2009.

P = Permitted

C = Requires Conditional Use Permit

A = Permitted as an Accessory Use

(1)

The size limitations contained herein apply regardless of use; the specific use itself must be permitted within the district in which it is located.

(2)

The specific uses within a shopping center must be permitted within the district in which it is located.

(Ord. No. O-01-07, § C, 1-16-2007; Ord. No. O-15-08(R2), 1-12-2009; Ord. No. O-07-12, 7-9-2012; Ord. No. O-14-16, 12-12-2016; Ord. No. O-01-17(R1), 3-29-2017; Ord. No. O-24-17, 3-13-2018; Ord. No. O-06-22, 5-9-2022)

Uses permitted under the provisions of this chapter, in addition to any other requirements, shall where applicable, be in conformance with the following standards:

(1)

Air pollution standards. Any activity, operation or device which causes or tends to cause the release of air contaminants into the atmosphere shall comply with the rules and regulations of the commonwealth.

(2)

Drainage. All rights-of-way shall be drained in accordance with the requirements of the state department of transportation. Off-street parking areas shall be designed to provide positive drainage of stormwater and natural drainage waters when deemed necessary by the site plan. Drainage systems shall be adequate to carry off or store the stormwater and natural drainage water which originates not only within the lot or tract boundaries but also that which originates beyond the original lot or tract boundaries. No stormwater runoff or drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions. Lots shall be graded to secure proper drainage away from buildings and prevent the ponding of stormwater unless within an approved retention or detention basin. Where a lot or tract is traversed by a watercourse, surface or underground drainage way or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the county or to the state department of transportation which conforms substantially with the line of such watercourse and such further width or construction, or both, as will be adequate to accommodate expected stormwater runoff in the future and accommodate necessary maintenance.

(3)

Drainage and conservation easements. Where a development is traversed by a watercourse, drainage way, channel or stream, or where it is desirable to preserve other areas within a subdivision because of the soil conditions, tree masses, wildlife habitat, vistas or other significant horticultural, environmental or natural features, there shall be provided a drainage and/or conservation easement of sufficient area and width to protect and preserve such feature if required by the planning commission. Drainage easements shall be designed and drainage structures constructed in such a manner as to reduce the burden of maintenance.

(4)

Electromagnetic radiation and interference standards. Any activity, operation or use shall be deemed to cause electromagnetic radiation interference that adversely affects persons or the operation of any equipment across lot lines, and is not in conformance with the regulations of the Federal Communications Commission. All such uses are prohibited.

(5)

Fences and walls. All permitted fences shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties. No fence shall be erected of barbed wire, topped with metal spikes or constructed of any material in a manner which may be dangerous to persons or animals except that these provisions shall not apply to farms and that fences for industrial uses may be topped by barbed wire protective barriers. All barbed wire fences shall be faced into the property. A tennis court area may be surrounded by a fence a maximum of 12 feet in height. Its setback from any property line shall be the minimum distance required for accessory buildings in the zoning district in which the tennis court is proposed to be located. All fences constructed for farm operations may be placed on property lines.

(6)

Fire and explosion hazard standard. All operations, activities and uses shall be conducted so as to comply with all applicable fire prevention codes.

(7)

Lands subject to flooding. Lands subject to flooding and land deemed topographically unsuitable shall not be platted for use which would increase danger to health, life or property or aggravate erosion or flood hazard. Such land within a subdivision shall be set aside on the plat for such uses as shall not be endangered by periodic or occasional inundation or shall not produce conditions contrary to the public welfare.

(8)

Landscaping and buffers. In order to minimize any adverse impact on adjacent uses caused by nuisances on a site, to provide climate control in the form of shade trees and windbreaks, and preserve and enhance the rural nature of the county, all plans of development shall preserve existing landscaping whenever possible and supplement existing landscaping with landscaping which will offset the introduction of nuisance creating facilities.

(9)

Lighting. All parking areas and walkways thereto and driveways servicing commercial, public, office, industrial, apartment, condominium or other similar uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. Lighting in and around parking and loading areas shall provide for non-glare, color-corrected lights focused downward. The light intensity provided at ground level shall be a minimum of one-half foot candle over the entire area and shall be provided by fixtures with a mounting height of more than 25 feet or the height of the building whichever is less, measured from the ground level to the centerline of the light source. Light standards shall be spaced a distance not to exceed five times the mounting height. No light shall shine into windows or onto streets and driveways in such a manner as to interfere or to obstruct driver vision. The intensity of lights, the light shielding and similar characteristics shall be subject to development plan review.

(10)

Liquid and solid wastes standards. Any activity, operation or device which causes or tends to cause the discharge or other release of liquid or solid waste into public sanitary sewer, storm drains or public waters shall comply with applicable laws, rules and regulations governing such discharge or release including, but not limited to, the Federal Water Pollution Control Act, the Virginia Water Control Law (Code of Virginia, § 62.1-44.2 et seq.) and the county regulations regarding sewers and sewage disposal, maintenance and cleanliness of storm drainage facilities, garbage, trash and refuse, and erosion and sediment control.

(11)

Natural features. Natural features such as trees, hilltops and views, natural terrain, open waters and natural drainage lines shall be preserved whenever possible in designing any development. The topsoil shall not be removed from areas intended for lawn or open space. Topsoil removed during the course of construction shall be redistributed onto these areas and shall be stabilized by approved seeding and/or planting. A conscious effort shall be made to preserve all worthwhile trees and shrubs which exist on the site. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading or construction requirements necessitate removal of trees, in which case these lots shall be replanted with trees to reestablish the tone of the area.

(12)

Radiation hazard standards. All operations, activities and uses shall comply with the regulations of the U.S. Atomic Energy Commission set out in chapter I of title 10 of the Code of Federal Regulations which apply to byproduct material, source material and special nuclear material, as those terms are defined in section IIe., z. and aa. of the Atomic Energy Act of 1954, as amended (42 USC 2014 (e), (z) and (aa)). No activity, operation or use shall cause radiation emissions which are in violation of the Radiation Health and Safety Act of 1968 (Public Law 90-602), as amended, or the implementing regulations of the state department of health established pursuant thereto. Any water discharged from any facility must meet all radioactivity standards as specified in Environmental Protection Agency (EPA) Document 570/9-76-003, "National Interim Primary Drinking Water Regulations," in effect on the date of adoption of the ordinance from which this article is derived, irrespective of any subsequent amendments to such EPA document. Air emission discharges, including fugitive emissions, shall not be permitted to contain radioactive levels more than ten percent above background airborne radioactivity at the point of discharge.

(Code 1999, § 9-64; Ord. No. O-15-08(R2), 1-12-2009)

Certain uses have been determined to be entirely inconsistent with the comprehensive plan and for which no acceptable conditions can be established that would reduce the inconsistency. These uses, enumerated below, are prohibited in the county.

(1)

Smelting on an industrial scale;

(2)

Operating an adult business or use when located within 3,000 feet of any school, place of worship, public or community park, public building, or another adult business or use;

(3)

Manufacturing nuclear materials;

(4)

Processing, storing or disposing of nuclear waste;

(5)

Manufacture of biologically accumulative poisons or other poisons that are, or ever were, registered in accordance with the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. § 136, et seq., as that section may be amended or superseded from time to time);

(6)

Operation of a municipal solid waste landfill or sanitary landfill or solid waste management facility;

(7)

Operation of a construction debris landfill;

(8)

Hazardous waste incinerators;

(9)

Medical waste incinerators;

(10)

Transportation, storage and disposal (TSD) facilities.

(11)

Combat/tactical training facility.

(Ord. No. O-13-06(R), 10-6-2006; Ord. No. O-01-07, § A, 1-16-2007; Ord. No. O-15-08(R2), 1-12-2009; Ord. No. O-15-19, 8-12-2019)

This section establishes requirements to ensure that the streets, roads and highways of the county can safely accommodate all new development without degrading the traffic carrying capacity of such streets, roads and highways. These requirements are also to meet the standards of the Code of Virginia, § 15.2-2222.1, as amended, and the implementing regulations contained in Virginia Administrative Code (24 VAC 30-155, Virginia Traffic Impact Analysis Regulations), as amended.

(1)

Traffic impact statement.

a.

All development proposals must include estimated driveway traffic volumes based on the anticipated traffic generation, using the Trip Generation Manual (Institute of Transportation Engineers, Seventh Edition or as it may from time to time be amended). Where only a portion of the entire property is being used, the traffic projections for the balance of the land remaining to be developed shall be based on the most traffic-intense uses permitted under existing zoning. The applicant shall provide driveway volume data for 24-hours, AM peak hour, PM peak hour, and peak hour of use for weekday and weekend. In addition, the development proposal must show the existing volume of adjacent streets.

b.

Where any of the following criteria are met, based on the traffic generation figures provided above, the developer shall cause a transportation engineer or planner to prepare a minimum of five copies of a traffic impact statement and submit that traffic impact statement to the Virginia Department of Transportation and the county, for their review.

1.

When the anticipated traffic generation based on permitted uses under the proposed zoning for the developable portion of the entire property equals or exceeds the lesser of 100 vehicle trips in any peak hour or the thresholds established in 24 VAC 30-155, as amended, and requires the amendment of the zoning map. The estimates shall be based on the most traffic-intense uses permitted unless enforceable conditions are offered to limit or remove such uses.

2.

Any residential, commercial, industrial use, or combination thereof, or application for a special use permit, where the anticipated traffic generation equals or exceeds the lesser of 100 vehicle trips in any peak hour or the thresholds established in 24 VAC 30-155, as amended.

3.

Any development or subdivision of a portion of property where the potential traffic generation for the developable portion of the entire property based on permitted uses under existing zoning equals or exceeds the lesser of 100 vehicle trips in any peak hour or the thresholds established in 24 VAC 30-155, as amended. The estimates for the balance of developable land shall be based on the most traffic-intense uses permitted under current zoning classification.

4.

Any non-residential development which proposes to access a street which is residential in character and classified as a minor collector or lower order street.

c.

Subdivision plats, site plans, rezoning applications, use permit applications, and other development proposals for which a traffic impact statement is required shall not be deemed to be properly received until the traffic impact statement is submitted.

d.

The submitted traffic impact statement shall contain the information and analysis and be in the format as required in 24 VAC 30-155, as amended.

e.

All existing or planned intersections, commercial entrances, median breaks, pavement markings, driveways, or other roadway features potentially affecting traffic flow located within 500 feet of the proposed development as well as all intersections and driveways internal to the development shall be considered and either shown or clearly noted on a scaled plan submitted with the traffic impact statement.

f.

The developer shall be responsible for paying all review fees required by the Virginia Department of Transportation for the review of traffic impact statements. Such fees shall be submitted by check paid directly to the Virginia Department of Transportation.

(2)

Access management.

a.

Access to a use shall be considered to be part of the use and shall require an equivalent or greater intensity of zoning classification, unless that access is over a publicly owned and maintained right-of-way. This provision shall not apply to legally established and operated home occupations, nor shall it apply to community recreation facilities constructed to serve the residential community in which they are located, nor shall it apply to pump stations and similar utility appurtenances.

b.

Driveways or entrances to streets classified in the adopted comprehensive plan as minor collector, major collector, minor arterial, and major arterial shall be appropriately limited in number and width and effectively spaced so as to preserve the public investment in the traffic carrying capacity of the roadway in accordance with the recommendations contained in the National Cooperative Highway Research Program (NCHRP) Report 348, as amended, Access Management Guidelines for Activity Centers.

(3)

Roadway and traffic safety management.

a.

Any development proposal submitted for consideration shall provide details, plans, and/or notations relating to traffic safety, traffic maintenance, and roadway maintenance during and after the development process. Such details, plans and/or notations shall include the location, size and type of all necessary traffic signals, pavement markings and regulatory, warning and guide signs, both permanent and temporary and shall indicate how traffic, including motor vehicles, bicyclists, and pedestrians, will be accommodated along adjacent existing roadways during construction activities.

b.

The developer shall be responsible for the installation of all traffic signals, pavement markings, regulatory signs, warning signs, and guide signs as indicated in the details, plans, or notations required in subsection a. above. Proper installation of these required elements shall be accomplished prior to the issuance of any certificate of occupancy for any structure within the development.

(4)

Construction traffic access management. The zoning administrator shall specifically review and approve all construction entrances and the access routes to such construction entrances. In specifying and limiting these construction traffic entrances and the access routes to them, the zoning administrator shall consider all access alternatives currently or potentially available in order to ensure pedestrian, bicycle and motor vehicular safety. Construction traffic shall be deemed to include, but not be limited to, construction equipment used in site development or building activity, vehicles transporting such construction equipment or construction and building materials, and vehicles transporting persons engaged in site development, construction, or building activities.

(5)

Street dedication and construction. The construction, extension and dedication of streets within the county shall conform to the provisions of the subdivision ordinance.

(6)

Street signs.

a.

Permanent street identification signs of a design approved by the zoning administrator shall be installed at all intersections by the developer. Permanent street signs shall have reflective backgrounds and lettering and shall conform to the standards found in the subdivision ordinance.

b.

Prior to the issuance of building permits, temporary street identification signs shall be installed by the developer at all street intersections through which access to the parcel(s) upon which construction will occur passes.

(7)

Sight triangles.

a.

Sight triangles are required at all driveway and street intersection and shall be clearly shown on all development plans. The sight point location along a street shall be determined in the manner specified in the subdivision ordinance.

b.

Signs, plantings, structures, or other obstructions which obscure or impede sight lines between three feet and six feet in height above grade shall be prohibited within the sight triangle.

c.

A right-of-entry for the purpose of removing any object, material or other obstruction that hinders the clear sight across the sight triangle shall be dedicated to the county.

(8)

Traffic calming. Notwithstanding the design criteria established above, the use of appropriate traffic calming measures is encouraged.

(Ord. No. O-14-07, 6-11-2007; Ord. No. O-15-08(R2), 1-12-2009)