Northampton County Unincorporated
City Zoning Code
City Zoning Code
FLOATING ZONE
DISTRICTS
§ 154.2.175 FLOATING DISTRICTS.
(A) A FLOATING DISTRICT is a zoning district which is currently unmapped, but which the county believes could be appropriate and warranted when developed pursuant to an overall project design and concept development plan to achieve the development goals in the adopted Comprehensive Plan, subject to the requirements contained in the ordinance. Approval to allow a floating district requires a zoning map amendment from the Board of Supervisors.
(B) Upon the adoption of the 2009 Comprehensive Amendments, the county shall have three floating zoning districts:
(1) Mobile Home Park District (MHP);
(2) Bayview Planned Unit Development (PUD);
(3) Solar Energy District (SED) (adopted August 20, 2010).
(C) The purposes and intents of the MHP, Bayview PUD, and SED districts are:
(1) Mobile Home Park (MHP). To accommodate mobile homes in a planned neighborhood. All MHP Districts shall be served by approved sewage disposal facilities, adequate access to a public road, and a public/community water supply. In mobile home parks, no space shall be rented for residential use except for a period of at least 30 days.
(2) Bayview Planned Unit Development (PUD). To recognize and permit continued development of Planned Unit developments approved under prior zoning regulations. It is the intent of Northampton County not to create any additional Planned Rural Villages subsequent to the adoption of this chapter. The presence of an Existing Planned Rural Village shall not serve as justification for future rezonings outside the approved boundaries of the Existing Planned Rural Village. The regulations applicable to the Planned Rural Village floating district as set forth in the Northampton County zoning ordinance adopted on December 28, 2000, are included in § 154.2.178 for reference purposes.
(3) Solar Energy Districts. The purpose is to permit the development and operation of comprehensively planned and designed solar energy power generation using photovoltaic cells on a parcel of land and/or on contiguous parcels under unified control. In establishing a SED, the intent is to be consistent with the Northampton County Comprehensive Plan § 3.5.2 (2006 Comprehensive Plan Update, as amended), which notes that "environmental protection and economic prosperity can be reached as cohesive rather than competing goals," and further, that new businesses "generate sufficient revenues to provide desired services." The standards and procedures set forth in this section are designed to achieve a harmonious and efficient layout of structures, circulation, and connection to public utilities on or adjacent to the SED and to ensure that such development does not adversely affect adjoining properties or the county's natural resources. The SED may be located only in the Ag/Rural Business and Existing Industrial Districts, within the acreage limits of division (J) below.
(D) The minimum zoning regulations applicable to the MHP and SED districts are:
MHP | SED |
MHP | SED | |
Max. density | 2:1 | None |
Uses allowed | See § 154.2.176 | See § 154.2.178 |
Proffered plan | Yes | Yes |
Max. height in feet for principal use | 22 | Solar panels 15 |
Min. height above ground in feet for principal use | N/A | 4 |
Front yard | See § 154.2.176 | - |
Side yard | See § 154.2.176 | - |
Rear yard | See § 154.2.176 | - |
Public central sewer required | Yes | No |
Public central water required | Yes | No |
Open space required | Yes | No |
(E) General provisions regarding Floating Districts.
(1) The procedures herein established are in recognition of the fact that traditional density, bulk, spacing, and use regulations, which may be useful in protecting the character of substantially developed areas, may impose inappropriate and unduly rigid restrictions upon the development of parcels or areas which lend themselves to a unified, planned approach and development. A Planned Development should be designed to ensure that the following general goals will be achieved.
(a) The proposed development shall be of such design that it is consistent with the Comprehensive Plan as well as other adopted plans and policies of the county.
(b) The development will efficiently use available land and will protect and preserve, to the extent possible, natural features of the land such as trees, wetlands, streams and topographic features.
(c) The development will be located in an area in which transportation, police and fire protection, schools and other public facilities and public utilities, including water and sewage, are or will be available and will be adequate for the uses proposed. The applicant may, where appropriate, make provisions for such facilities or utilities which are not presently available.
(2) In addition to their specific purposes and intents, floating districts are intended:
(a) To promote the efficient and well-planned use of the land as a means of achieving a superior living environment and a convenient, attractive and harmonious community;
(b) To encourage the provision and conservation of open space within such areas for leisure time uses;
(c) To encourage a variety of housing styles and types, including affordable housing opportunities as described in the county's Affordable Housing Policy;
(d) To ensure the provision of sufficient and properly located public facilities;
(e) To protect against encroachment upon agricultural, marine and other natural resources of the county;
(f) To encourage flexibility and innovation in project and community design which would result in improved relationships between various uses of land and transportation or other public facilities.
(F) Relation to conflicting requirements. Once a floating district has been established by the Board of Supervisors, the regulations adopted in conjunction with such project application shall control its use and development in lieu of other requirements of this chapter.
(G) Land use and dimensional requirements. The land use, housing types, minimum lot requirements, minimum yard requirements and accessory uses and signs approved for a specific floating district shall be determined by the requirements and procedures set forth in this section and adopted by the Board of Supervisors.
(H) Floating Districts to have sufficient facilities. All MHP development projects approved by the Board of Supervisors must be served by public water and sewer systems (not individual onsite wells or septic fields), and have appropriate highway access, police, fire and rescue, schools, libraries and other public services sufficient to serve the needs of such projects and its inhabitants. If central public sewer and water service is available to serve the site, the Board may require that the proposed development be connected.
(I) Overall community plan. Floating districts must be approved with a plan for the development of an overall community. Within such planned developments, the locations of all residential, nonresidential, and governmental uses, including parks, playgrounds, recreation areas, and other open spaces shall be planned in an orderly relationship to one another.
(J) Procedure for establishment. The following provisions establish the procedures for application and approval of a floating district development:
(1) Minimum and maximum acreage for initial Floating District.
District | Acreage |
Mobile Home Park (MHP) | Minimum: 5 acres Maximum: 10 acres |
Solar Energy District (SED) | Minimum: No restriction Maximum: 220 acres |
(2) Enlargement of a Floating District. Additional land area may be subsequently approved and added on to a floating district if it adjoins an existing floating district. The procedure for an addition shall be the same as for an original application, and all of the requirements of this section shall apply except the minimum acreage requirements as specified above. No additions to existing floating districts smaller or larger than the following sizes are permitted:
District | Acreage |
Mobile Home Park (MHP) | Minimum: 5 acres Maximum: 10 acres |
Solar Energy District (SED) | Minimum: No restriction Maximum: No restriction |
(3) Application for a Floating District rezoning required. The applicant shall file an application for rezoning with the Zoning Administrator, and shall furnish with his/her application 22 copies of a Concept Development Plan (CDP) and Statement of Justification.
(a) The CDP must show all of the applicable information required in conjunction with the submission of a site plan (See § 154.2.045), including, but not limited to, showing the layout of all streets and roads, the location of all buildings, parking areas, pedestrian ways, utility easements (including water lines, power lines, sewer lines, pumping stations, drainfields, storm water drainage facilities), lot lines, open spaces, parks, recreation areas, school sites, playgrounds, the proposed use of all land and buildings and the metes and bounds of all dedicated areas and lots. The CDP must identify the proposed densities of housing units in residential areas and the intensities of non-residential buildings and structures and distances between features shown thereon. If the county planning staff, the Planning Commission or the Board of Supervisors requires additional information from the applicant to be able to adequately review the application, it may request such additional information from the applicant.
(b) The Statement of Justification. In conjunction with the filing of an application to rezone to a floating district, the applicant must submit a Statement of Justification that addresses:
(1) The proposed uses, buildings, structures, density/intensity, public improvements, layout/design of the project, surrounding zoning and land uses, environmentally sensitive areas, soils, and any modifications to ordinance provisions requested;
(2) Whether and how the application and proposed uses are in compliance with the purpose and intent of the zoning district requested;
(3) Whether and how the application and proposed uses are in conformance with the adopted Comprehensive Plan;
(4) Whether and how the application and proposed uses are compatible with the surrounding character of the area;
(5) The anticipated impacts of the application and proposed uses on the county (including, but not limited to, financial, tax, economic, public facility and/or utility, public safety improvements, and transportation and education system impacts) and how they will be addressed or alleviated;
(6) How the proffers will help to offset the impacts of the application and proposed uses;
(7) The justification for any requested ordinance modifications;
(8) Whether and how the application and proposed uses will affect the county's ground water supply, and how the application plans to address any impacts of the proposed development;
(9) The anticipated impacts of the application and proposed uses on environmentally sensitive land, natural areas, vegetation, water quality, air quality, and historic features;
(10) Whether there has been any change in circumstances or conditions in the area that make the proposed application and uses appropriate;
(11) Whether the existing zoning is still appropriate, along with an explanation as to why or why not.
(K) Additional regulations applicable within a Floating District.
(1) Corner lots. Of the two sides of a corner lot, the front shall be deemed to be the shorter of the two sides fronting on streets. The side yard on the side facing the side street shall be 30 feet or more for both main and accessory buildings.
(2) Accessory structures. The aggregate floor area of an accessory building or structure shall not exceed 25% of the area of the lot or parcel.
(3) Minimum off-street parking. Minimum off-street parking requirements set forth in this chapter shall apply.
(Ord. passed 4-12-2016)
§ 154.2.176 MOBILE HOME PARK (MHP).
(A) Principal permitted uses and structures. The following uses shall be permitted by right in the MHP District subject to other provisions of this chapter.
(2) Mobile homes as defined in § 154.2.003;
(3) Accessory buildings;
(4) Playgrounds and parks;
(5) Community service or recreational buildings which are integral components of the MHP;
(7) Public utilities to serve the residents of the mobile home park;
(8) Erosion and stormwater control devices;
(9) Office for MHP rental/management.
(B) Special uses and structures. The following uses and structures may be permitted by special use permit:
(1) Fire and rescue stations;
(2) Nursery and day care centers;
(3) Tennis and swim clubs for MHP residents.
(C) Area requirements.
(1) Minimum area for creation of a permanent Mobile Home Park District shall be five acres.
(2) Minimum mobile home site area. Minimum site area for mobile homes shall be 5,000 square feet space per unit.
(3) Maximum percent lot coverage (parks). Mobile home sites, off-street parking, and streets shall cover no more than 50% of the mobile home park site.
(D) Setbacks. Mobile home sites and primary and accessory structures shall have the following minimum yard/setback requirements.
Primary | Accessory | |
From U.S. Route 13 | 300 feet | 300 feet |
From other public access roads | 200 feet | 200 feet |
From tidal waters | 200 feet | 200 feet |
From mobile home park property line | 50 feet | 50 feet |
Mobile home pad from internal access ways or common area | 15 feet | -- |
(E) Vegetated buffer. Within the minimum 50 foot setback, each MHP shall be buffered with a 25-foot width of semi-opaque vegetated buffering around its entire perimeter, except for authorized entrance points, in the manner set forth herein.
(F) Yard/setbacks. Yard/setback regulations shall be as follows:
(1) Minimum mobile home site area/space width: 40 feet.
(2) Distance between mobile homes: 25 feet from end to end; 25 feet from side to side.
(3) Distance between mobile home and any community, public, or recreational building: 50 feet.
(G) Heights. Buildings may be erected up to 22 feet in height, except that:
(1) Any public or semi-public building, monument, water tower, chimney, flue, flagpole, antennas or similar structures may be erected in accordance with § 154.2.145.
(2) No accessory building which is within ten feet of any mobile home park property line shall be more than ten feet high. All accessory buildings shall be less than the main building in height.
(H) Corner lots.
(1) Of the two sides of a corner lot, the front shall be deemed to be the shortest side fronting on a street.
(2) The side yard on the side facing the side street shall be 25 feet for both main and accessory buildings.
(I) Accessory structures. Accessory buildings aggregate area shall not exceed 25% of the gross site area outside of mobile home site areas.
(J) Open space and recreation area. Within the total required open space, there shall be at least 100 square feet per unit of developed play and recreation area. Each mobile home park shall provide not less than one playground and no playground shall be less than 2,500 square feet in area.
(K) Access. Each mobile home space shall have frontage on a dedicated public street or public access easement or shall have access over common area to such a public easement, as determined by the Board of Supervisors. In cases where lots do not have frontage on dedicated public streets, the public access easement shall be a minimum of 30 feet wide. In cases where the easements dead-end, there shall be a cul-de-sac with a minimum turning radius of 50 feet. The 30-foot public access easement shall be improved with a minimum 24-foot-wide travelway. All such access travelways and walks shall be constructed in accordance with the county's standards and specifications, and shall be located as determined by the Board of Supervisors. At such time as the 30-foot public access easements are designated by the appropriate county authority as fire lanes, the lanes shall be posted with approved "No Parking" signs by the developer/operator.
(Ord. passed 4-12-2016)
§ 154.2.177 BAYVIEW PLANNED UNIT DEVELOPMENT DISTRICT.
The one existing Planned Unit Development in the County, known as the Bayview Citizens for Social Justice, will be renamed "Bayview PUD", with all of its unique attributes as created by vote of the Board of Supervisors on August 11, 1999, pursuant to Zoning Map Petition 99-10.
(Ord. passed 4-12-2016)
§ 154.2.178 SOLAR ENERGY DISTRICT (SED).
(A) Intent of uses permitted in a SED. It is the intent of Northampton County that the Solar Energy District be used solely for generation of solar power to be connected directly to the electrical public utility grid. It is not expected to generate heavy traffic and/or noise during operation. All such uses shall be subject to approval by the Board of Supervisors through a rezoning application with a plan of development. Any uses planned as accessory uses to the principal uses shall be subject to approval by the Board of Supervisors as part of the rezoning. If the solar power system is not built to completion within two years after the SED is created, becomes unused, abandoned or vacated for more than 12 consecutive months, the Board of Supervisors shall initiate a rezoning process to eliminate the SED at that location.
(1) Uses permitted in SED.
(a) The following uses shall permitted by right in SED Floating Zones, and subject to the SED approval by the Board of Supervisors:
1. Generation of solar electrical power using photovoltaic panels.
2. Facilities to maintain, operate, manage and transmit that power to the electrical public utility grid.
(b) The uses allowed by the district in which the parcel(s) is (are) located prior to rezoning to SED may be continued in accordance with all applicable regulations set forth in this chapter or elsewhere in the Northampton County Code. Such uses are exempt from the performance standards within SED in division (A)(2) below.
(2) Performance standards within SED.
(a) The lowest surface of any panel shall be a minimum of four feet above the finished grade on which the panel is located.
(b) No stormwater discharge that causes a discharge of pollutants to or degradation of county or state waters is permitted.
(c) The entire SED, including the area underneath the solar panels, must be vegetated. Panels must be adequately spaced to ensure sufficient sunlight penetration to promote growth of vegetation. A plan must be submitted for maintenance of that vegetation, except for access roads and accessory structures.
(d) All wiring not on the solar arrays shall be underground except where necessary to connect to the public utility.
(e) The gross usable area will exclude any wetland areas that are regulated by the Northampton County Wetlands Board or the U.S. Department of the Interior (administered by the U.S. Army Corps of Engineers). All forested areas removed during construction or operation shall be mitigated by the creation of an equal number of acres of equivalent forest.
(f) Space for any required public utility right-of-way must be allocated.
(g) The following requirements shall govern the landscaping surrounding an SED:
1. A vegetated buffer is required that consists of a landscaped strip at least 50 feet wide measured from each boundary line of the SED around the entire perimeter of the SED. Any fencing must be installed on the interior of the buffer. A recommendation that the screening and/or buffer creation requirements be waived may be made by the Planning Commission when the applicant proposes to use existing wetlands or woodlands, as long as the wetlands or woodlands are permanently protected for use as a buffer.
2. SEDs shall be landscaped and maintained with a buffer of plant materials that are mature enough to effectively screen the view, to eight feet above ground level, of the solar panels from adjacent properties all year around. A landscape berm properly prepared to accept plants, up to four feet high, may be used to assist reaching the required screening height. The screening must be fully established within five years and effectively maintained for the life of the SED. Non-invasive plant species must be used. (See www.NPS.gov National Park Service - USFWS "Plant Invaders of the Mid Atlantic Natural Areas”.)
3. Existing vegetation may be removed only as authorized during the site plan review process to permit vehicular and utility access during construction of the facility and installation of transmission power lines.
(h) Noise generated by the facility shall be limited to 60 DBA as measured at the property line except when a back-up generator is needed for maintenance. Construction on the site is exempt from this standard.
(i) Any installed lighting shall be in accordance with § 154.2.112(D), Outdoor Lighting Standards, of this chapter.
(j) If solvents are required for cleaning of solar modules, they must be biodegradable.
(k) If a water supply is required, it must be from a source no deeper than the Columbia aquifer even if a deeper source already exists within the SED.
(l) All broken or waste solar modules shall be removed from the site within 60 days of being taken out of service.
(m) Solar energy facilities, including the electrical and mechanical components, shall conform to relevant and applicable local, state and national codes.
(n) Required reporting.
1. The solar installation operator will notify the Board of Supervisors as soon as the applicant is transmitting electricity from solar panels to the electrical public utility grid.
2. The solar installation operator shall submit a report to the Northampton County Department of Planning and Zoning once a year, no later than July 1. The report shall state the current status of the installation.
3. Any change of ownership or management of the solar installation shall be reported to the Board of Supervisors within 60 days of the change.
(B) Special regulations within a SED.
(1) Setbacks. Basic setback requirements in a SED are shown in the table below.
Primary Uses | Accessory Uses | |
From Lankford Highway (US 13) | 100 ft. | 150 ft. |
From other public access roads | 60 ft. | 60 ft. |
From tidal waters and incorporated towns | 150 ft. | 200 ft. |
From SED exterior boundary line when not increased by the above | 50 ft. | 50 ft. |
(2) All setback areas must be vegetated. The vegetation must be maintained as effective soil sediment traps. The required screening buffer described above in division (A) (2) (f) shall be created within and on the interior side of the setback when it exceeds 50 feet.
(3) SED abutting US 13. Access shall not be from US 13 if access is possible from a secondary road. If no secondary road is available, US 13 access is limited to one entrance per SED, constructed to current VDOT standards.
(4) Support and maintenance buildings are accessory uses in an SED and cannot be higher than 25 feet. The roofs may be designed to accommodate additional flush mounted solar panels.
(C) Removal of abandoned solar generating equipment.
(1) A bond, whose amount shall be determined by the Director of Planning, shall be required to assure removal of an unused solar energy power generating system.
(2) Any solar energy power generating system that has not operated for a continuous period of 12 months shall be considered unused and abandoned. The owner of an unused system shall remove the entire system within six months of receipt of notice from Northampton County notifying the owner of the equipment removal requirement. Removal includes removing any underground structures or supports and electrical transmission wire. All materials must be legally removed from the site. The site shall be restored to its original condition after removal is complete.
(Ord. passed 4-12-2016)