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Northampton County Unincorporated
City Zoning Code

GENERAL REGULATIONS

FOR ALL ZONING DISTRICTS

§ 154.2.060 GENERAL APPLICATION OF DISTRICT REGULATIONS.

   The regulations set by this subchapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of building or use within such district.
   (A)   Conformity with all regulations. No building or land shall hereafter be used or occupied, and no building or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located or is to be located.
   (B)   Conformity with density and dimensional regulations. No building shall hereafter be erected, constructed, used or altered so as to exceed height or bulk limits, density, percentage of lot area or size of rear yards, front yards, side yards, or other open spaces than herein specified.
   (C)   Conformity with yard regulations. No new yard (also referred to as a setback) or lot shall hereafter be created nor shall any yard or lot existing at the time of enactment of this chapter be altered so that the requirements for width, depth or area; the requirements for front, side, or rear yards; or other requirements of this chapter are not maintained, except when a portion of a lot is acquired and/or used for public use.
   (D)   Encroachment on existing required yard or open space. No part of a yard, or other open space, or off-street parking space or loading space, required in connection with any building shall be included as part of a yard or open space required for another building, except as provided herein.
   (E)   Existing building permit valid. Nothing contained herein shall require any changes in the plans or construction of any building for which a valid building permit was granted prior to the effective date of this chapter. However, if such construction does not diligently commence within six months of issuance, any construction after such period shall be in conformity with the provisions of this chapter for the district in which the activity is located.
(Ord. passed 4-12-2016)

§ 154.2.061 MEASUREMENT OF CERTAIN DIMENSIONS.

   (A)   Lot width.
      (1)   The lot width at the front lot line shall be measured as the shortest distance between the two points created where the side lot lines intersect the front lot line.
      (2)   The lot width at the front building line shall be measured as the shortest distance along a straight line which passes through a point on each side lot line and the point on the building, structure, or use, subject to such regulation, nearest the front lot line.
      (3)   The lot width at the shoreline shall be measured at the straight line distance which is the shortest of the following:
         (a)   A line between the points of intersection of the side lot lines with the shoreline;
         (b)   A line drawn perpendicular to a side lot line from the point of intersection with the shoreline and intersecting the other side lot line or such side lot line extended.
   (B)   Wetlands, coastal primary sand dunes and water areas excluded from lot area. In calculating the area of any lot for the purpose of compliance with the minimum lot area requirements of the district regulations, tidal and non-tidal wetlands, coastal primary sand dunes, freshwater ponds, and areas waterward of the shoreline shall be excluded.
(Ord. passed 4-12-2016)

§ 154.2.062 LOT REQUIREMENTS.

   (A)   Frontage on public street or private road. Except for lots established pursuant to § 154.2.045 (E)(7), every lot established and used for single-family residential development shall have a frontage on a public street or private road of not less than 75% of the lot width at the required building setback line, except that the frontage of lots located on the turnaround of cul-de-sac streets may be reduced to 50% of the width at the building line.
   (B)   Encroachment on area of existing lot prohibited. The area of an existing lot shall not be reduced or diminished so that the yards or other open spaces shall be smaller than the yards or open spaces required by the district in which the lot is located, nor shall any portion of a lot be used, sold or otherwise separated from the main tract which is not in conformity with the area and dimensional regulations for lots in the district in which the lot is located.
   (C)   Required yards/setbacks cannot be reduced. No lot shall be reduced in area so as to make any yard/setback or any other open space less than the minimum required by this chapter, and, if already less than the minimum required, such yard/setback shall not further be reduced. No part of a required yard/setback or other open space shall be considered as part of the required yard/setback or other open space for another building, lot, structure, or use.
   (D)   Double and reverse frontage lots prohibited. Except in situations specifically authorized by this chapter, or where no other access is physically possible, double and/or reverse frontage lots are prohibited in all residential developments and residentially-zoned districts.
(Ord. passed 4-12-2016)

§ 154.2.063 TEMPORARY BUILDINGS.

   (A)   Temporary construction structures. Temporary buildings and structures, including mobile homes, recreational vehicles, and other highway vehicles may be erected or placed on a construction site in all districts as an accessory structure if such buildings, structures, or vehicles are incidental and reasonably necessary to construction work on the premises. Such temporary buildings, structures, or vehicles shall be placed on a construction site only after a building permit has been issued for the on-site construction work to be performed. When such construction work is completed or abandoned, when the building permit expires or is revoked, whichever comes first, such temporary buildings, structures or vehicles shall be removed.
   (B)   Temporary emergency housing. If an occupied single-family dwelling or mobile home in any district shall burn, flood or be otherwise damaged or destroyed by any cause to a degree so as to make it unsafe or unhealthy for human occupancy, nothing in this chapter shall prohibit the temporary placement of a mobile home on the property as an accessory structure for the purpose of providing emergency housing for the displaced occupants, provided the mobile home is placed in the location on the property specified by the Director of Planning and Zoning, and the mobile home is provided with a water supply and sewage disposal system approved by the Health Officer. The mobile home shall be removed from the site when the damaged dwelling is repaired or replaced or within 12 months, whichever shall come first, except that the Director of Planning and Zoning may grant, for good cause shown, an extension not to exceed an additional six months.
   (C)   Temporary family health care structure. Temporary family health care structures shall be allowed by right in accordance with the following provisions.
      (1)   The structure shall be for use by a caregiver in providing care for a mentally or physically impaired person.
      (2)   The structure shall be located on property owned or occupied by the caregiver as his/ her residence as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings.
      (3)   A special use permit shall not be required.
      (4)   The requirements stated in § 154.2.064 "Accessory Uses" shall be met unless otherwise provided for in this section.
      (5)   Such structures shall comply with all setback requirements that apply to the primary structure.
      (6)   Only one temporary family health care structure shall be allowed on a lot or parcel of land.
      (7)   For the purposes of this subsection, the following terms shall have meanings as set forth herein.
         (a)   CAREGIVER means an adult who provides care for a mentally or physically impaired person. The caregiver shall be related by blood, marriage, or adoption or be the legally appointed guardian of the mentally or physically impaired person for whom he/she is caring.
         (b)   MENTALLY OR PHYSICALLY IMPAIRED PERSON means a person who is a resident of Virginia and requires assistance with two or more activities of daily living, as certified in writing by a physician licensed by the Commonwealth of Virginia.
         (c)   TEMPORARY FAMILY HEALTH CARE STRUCTURE means a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that is primarily assembled at a location other than its site of installation and is limited to one occupant who shall be the mentally or physically impaired person. The structure shall be no larger than 300 gross square feet and shall comply with all applicable building codes, including, but not limited to, Industrialized Building Safety Law and the Uniform Statewide Building Code. The structure shall not be placed on a permanent foundation.
      (8)   The applicant shall provide evidence of compliance on an annual basis to the Zoning Administrator as long as the structure remains on the property.
      (9)   The permit fee for the structure shall be as established by the Board of Supervisors and shall not exceed $100 for the permit.
      (10)   The temporary family health care structure shall be required to connect to any water, sewer and electrical utilities serving the primary structure and shall comply with all applicable requirements of the Virginia Department of Health.
      (11)   No signage will be allowed on the temporary family health care structure or elsewhere on the property except as provided in § 154.2.190.
      (12)   The temporary family health care structure shall be removed within 30 days once the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance as described within this subsection.
      (13)   The Zoning Administrator may revoke the permit granted to a resident if the permit holder violates any provision of this subsection.
(Ord. passed 4-12-2016)

§ 154.2.064 ACCESSORY USES.

   (A)   Location and height. No accessory structures, signs, or temporary structures, shall be located in any required front yard, unless the lot is situated such that a shoreline constitutes the rear lot line. On such waterfront lot, an accessory structure may be placed in the front yard, provided that the minimum front setback is met and any such structure visible from a public road is fully screened with opaque vegetation that would be expected to grow to the height of the building. On a corner lot, no accessory structure shall be located nearer a corner lot line than the minimum side building setback required in the district. No accessory structures within 15 feet of a lot line shall be more than 15 feet in height.
   (B)   Not permitted prior to principal use or structure. No accessory use or structure shall be permitted on a lot until:
      (1)   The principal use or structure has previously been established; or
      (2)   Construction has begun on the principal structure and is diligently pursued.
   (C)   Ingress and egress part of principal use. The route of ingress and egress to a use is considered to be accessory to the principal use and therefore required to be in a zoning district which permits the principal use which it serves.
   (D)   Conversion of an existing principal single-family dwelling into an accessory dwelling unit. An existing principal single-family dwelling may be converted into an accessory dwelling through the zoning clearance process and meeting the criteria in Section 154.2.117 ACCESSORY DWELLINGS. The zoning clearance is complete when the required Certificate of Occupancies are issued for both dwellings.
(Ord. passed 4-12-2016; Amendment adopted 5-9-2017)

§ 154.2.065 PARKING AND LOADING.

   All buildings or structures erected or enlarged shall conform to the off-street parking and loading regulation for specific uses as specified for the district in which such building or structure is located.
(Ord. passed 4-12-2016)

§ 154.2.066 TRAFFIC VISIBILITY.

   On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to impede a motorist's vision between a height of two and one-half and ten feet above the centerline grades of the intersecting roads in the area bounded by the road rights-of-way adjoining such corner lot and a line joining points along such road rights-of-way 50 feet from this point of intersection.
(Ord. passed 4-12-2016)