Northampton County Unincorporated
City Zoning Code
City Zoning Code
USES, DENSITIES
AND DIMENSIONS
§ 154.2.125 PURPOSE AND STRUCTURE.
(A) Purpose. It is the purpose and intent of this subchapter to establish use, density, and dimensional regulations which will apply to zoning districts.
(B) Structure. The subchapter includes a series of tables which provide regulations for the following:
(1) Appendix A establishes uses permitted by right and upon the approval of a special use permit (major or minor);
(2) Appendix B establishes minimum lot sizes, setbacks, heights, and other requirements for structures in all zoning districts;
(C) Tables established. There are hereby established a series of tables to be numbered and titled as set forth in division (B) above. These tables, together with other notations set forth therein or reference thereto, are hereby made a part of this subchapter and the zoning ordinance of Northampton County and shall control the location of specific uses, the lot sizes, densities, yard, and dimensional requirements within the zoning districts of the county.
(Ord. passed 4-12-2016)
§ 154.2.126 GENERAL REGULATIONS FOR RESIDENTIAL USES.
In addition to the regulations included in these tables, this section provides regulations which supplement those in the tables.
(A) Height. The maximum height for any dwelling structure shall be as defined in Appendix B except where elevation is required for compliance with Chapter 159 Floodplain Management. Height shall be measured as the vertical distance from the average finished grade at the building line to the top of the highest roof beam of a flat roof or to the peak of pitched or hip roofs or a mansard roof.
(B) Off-street parking. Off-street parking shall be provided for the permitted uses in accordance with §§ 154.2.205 et seq.
(C) Single- and double-wide manufactured homes. Single- and double-wide manufactured homes shall be permitted as indicated in Appendix A, Residential Uses. All such homes must comply with all applicable local, state, and federal regulations.
(D) Use of existing non-residential buildings. When a townhouse, row house, duplex, multi-family attached dwelling unit, and/or dwelling unit in a mixed-use structure is not otherwise allowed in a zoning district as either by-right or with a special use permit, as identified in Appendix A, Use Regulations, of Chapter 154.2, or as identified in Appendix A, Use Regulations, of Appendix D, 2000 Zoning Code, or is precluded by maximum density limits for a zoning district, as identified in Appendix B, Densities, Lot Sizes and Dimensions, of Chapter 154.2, or as identified in Appendices E and F of Appendix D, 2000 Zoning Code, such uses shall be allowed to be established, with the issuance of a special use permit, in existing non-residential buildings subject to the following standards:
(1) Prohibited zoning districts. Dwelling units as authorized and created under this section shall not be allowed in the Conservation, Existing Industrial, or Working Waterfront zoning districts.
(2) Existing building used. The proposed residential dwelling unit(s) shall make use of a building or portion which is no less than ten years old as of the date of application for a special use permit, as authorized. Such buildings may be renovated and additions of up to 25% of the existing square footage are permitted.
(3) Multiple uses. In addition to proposed residential dwelling units, buildings utilized may be used for other non-residential uses as allowed per Appendix A of Chapter 154.2 and/or Appendix A of Appendix D.
(4) Number of units/density. No more than one residential dwelling unit may be established subject to this section without meeting the requirements of § 154.2.108 (D)(2). Regardless, units created subject to this section shall not be subject to density limits as identified in Appendix B, Densities, Lot Sizes and Dimensions, of Chapter 154.2, or as identified in Appendices E and F of Appendix D, 2000 Zoning Code, or otherwise subject to a density limit or maximum number of units, except that the maximum number of units created in any individual building shall be limited to eight units in all districts other than Waterfront Village - Waterfront Commercial District (WV-WC), Town Edge - Commercial General District (TE-CG), or Commercial District (C-1), or as such density or maximum number of units may be further limited by conditions imposed on a special use permit.
(5) Short-term rentals. Dwelling units established subject to this section shall not be used as short-term rentals; such prohibition may be imposed through conditions applied to any special use permit issued pursuant to this section.
(7) Impervious surfaces and open space requirements. Except where necessary to provide additional parking to meet off-street parking requirements, no new impervious surfaces, including but not limited to accessory structures, building additions, or driveways, may be created that would result in a construction footprint (including the existing building) greater than 60% of the site. Open space must be maintained in accordance with the requirements in this chapter.
(8) Utilities. All water and wastewater systems serving dwelling units shall meet Northampton County, Virginia Dept. of Health (VDH) and Virginia Department of Environmental Quality (DEQ) requirements.
(9) Lighting. All lighting in conjunction with proposed dwelling units shall be proposed in conjunction with the special use permit process and subject to review, approval, and any conditions imposed.
(Ord. passed 4-12-2016; Ord. passed 4-9-2024)
§ 154.2.127 LOW IMPACT COMMERCIAL USES.
In order to further the Comprehensive Plan's goals of economic self-sufficiency for all citizens and the preservation of rural character, certain low-impact commercial uses noted in Appendix A may be allowed by right in residentially-zoned areas and will not require commercial zoning. Care must be taken to ensure that any proposed commercial use meets the following conditions to ensure that the integrity of the primary zoning district is maintained and that impacts on the surrounding community are mitigated.
(A) Home occupation. A low-impact commercial use conducted in an owner- or renter-occupied dwelling or accessory structure(s) accessory to an owner- or renter-occupied dwelling provided that the following criteria are met:
(1) Use of the dwelling or accessory structure(s) for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
(2) Not more than 45% of the floor area of the dwelling or accessory structure(s) shall be used in the conduct of the home occupation.
(3) There shall be no change in the outside appearance of the dwelling, accessory structure(s), or premises, other than the signage as provided below, or any visible or audible evidence of the conduct of such home occupation. No equipment or process shall be used which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses from off the residential lot of the dwelling unit. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in live voltage off the premises;
(4) If specifically identified in Appendix A as a use not allowed or a use requiring a special use permit in particular zoning districts, that specific use shall be subject to the more restrictive regulations set forth in this chapter;
(5) It will be the responsibility of the owner or renter of the property to abide by any restrictive covenants or deed restrictions placed on the property. Northampton County has no legal authority to enforce such restrictions; and
(6) Home occupations shall be divided into two categories: home business/office and micro- business/office. The two categories of home occupations shall meet the general criteria stated above and the criteria stated below specific to each category:
(a) Home business/office shall be a business or office use approvable with a zoning clearance and shall meet the following criteria:
1. Direct sales of products, goods and services produced from a home business/ office shall be permitted on premises;
2. Parking needs generated by such home business/office shall be met on site;
3. One sign not exceeding four square feet, non-illuminated, may be placed in accordance with § 154.2.190 et seq.;
4. The home business/office may employ residents of the dwelling and one full-time employee or one full-time equivalent who is not a resident of the dwelling;
5. Documentation shall be provided as part of the zoning clearance process that any additional required approvals and/or permits from other local, state or federal agencies such as the Virginia Department of Transportation and the Virginia Department of Health that are specific to the home business/office use have been obtained;
6. All home business/office zoning clearances shall be issued to the owner or renter who occupies the dwelling and shall not run with the land. All such zoning clearances shall be null and void when the owner or renter of the dwelling ceases to operate the home business/office use permitted for the location designated on the zoning clearance; and
7. After a zoning clearance has been approved for a home business/office use, a business license shall be obtained if required by the Commissioner of the Revenue.
(b) Micro-business/office shall be a business or office use allowed by right without the issuance of a zoning clearance and shall meet the following criteria:
1. Direct sales of products, goods and services produced from a micro-business/ office shall not be permitted on premises and shall be provided or delivered off-site;
2. A micro-business/office shall have no outside storage or additional vehicle traffic beyond that generally associated with a household or a farm;
3. Signage shall not be allowed;
4. A micro-business/office may only employ residents of the dwelling;
5. It is the responsibility of the micro-business/office owner to obtain any additional required approvals and/or permits from other local, state and federal agencies such as the Virginia Department of Transportation and the Virginia Department of Health that are specific to the micro-business/office use that is proposed;
6. If the micro-business/office criteria cannot be met, the proposed use will be considered for a home business/office and a zoning clearance will be required; and
7. A micro-business/office use shall obtain a business license if required by the Commissioner of the Revenue.
(B) Adaptive re-use business.
(1) It is the intent of Northampton County by providing the adaptive re-use business designation to foster the rehabilitation and adaptive re-use of existing buildings in rural areas and to facilitate the development of low-impact businesses compatible with the surrounding rural areas.
(2) Adaptive re-use business shall be any one of, but not limited to, the specifically named types of business listed in division (B)(3) below which conform to the following criteria. Generally, adaptive re-use businesses require a minor special use permit. A major special use permit will be required for projects that have a significant impact on the community. Some uses listed as adaptive re-use businesses in this section also appear elsewhere in Appendix A. In those cases, the adaptive re-use business criteria are not applicable, and the least restrictive requirements shall apply. Adaptive re-use business differs from a home occupation in that no residence is required on the site and there is no restriction on the number of employees except as indicated below.
(3) Criteria. All adaptive re-use businesses shall meet all of the following criteria:
(a) Rural character. The business shall be consistent with the surrounding community and the character of the district in which it is located.
(b) Existing buildings used. The adaptive re-use business shall make use of buildings existing as of October 21, 2009, as verified by the Zoning Administrator. Such building(s) may be renovated. The existing building(s) must be the principal structure(s) used by the business; however, additions are permitted for adaptive re-use businesses up to 50% of the existing square footage. The existing buildings do not need to meet the criteria contained in Appendix B; however, all additions up to 50% of the existing square footage must meet the requirements of Appendix B, including setbacks and the like.
(c) Impervious surfaces and open space requirements. No new impervious surfaces, including accessory structures, building additions, or driveways, may be created that would result in a construction footprint (including the existing building) greater than 60% of the site. Open space must be maintained in accordance with requirements in this chapter.
(d) Adaptive re-use businesses water and wastewater systems shall meet Northampton County, Virginia Department of Health (VDH) and Virginia Department of Environmental Quality (DEQ) requirements. Additionally, no adaptive re-use business project which requires a Virginia Department of Environmental Quality water withdrawal permit shall qualify as an adaptive re-use business.
(e) Signage. Signs on site shall be in accordance with § 154.2.190 and must be approved as part of the special use permit process.
(f) Illumination. There shall be no external illumination of an adaptive re-use business that is not consistent with the original use of the existing building in which it is housed. Desired illumination may be proposed and determined in conjunction with the special use permit process.
(g) Outside storage. Outside storage must be completely screened from off-site view by appropriate fencing or vegetation. Subsequent loss of such screening shall be cause for the issuance of an order by the Zoning Administrator requiring the termination of the adaptive re-use business until such time as the screening is replaced.
(h) The application shall include a detailed narrative of the proposed project describing the elements of the project and how the proposed project benefits the citizens of Northampton County.
(4) List of adaptive re-use businesses. Adaptive re-use businesses shall be limited to the following specific businesses. Other comparable types of businesses that are deemed appropriate through a major special use permit may be considered.
(a) Adult daycare (up to six);
(b) Animal grooming and training, animal feed/hay supply, farrier, domestic animal breeding, domestic animal training, equestrian training/instruction, tack and harness supplier;
(c) Antique shops;
(d) Arborist;
(e) Artist, artisan studios and galleries, ceramics studios, design studios, graphic arts, glass works, jewelry assembly and similar;
(f) Auction markets;
(g) Barber or beauty shops;
(h) Bed and breakfast;
(i) Boat building and repair;
(j) Catering services, off-premise;
(k) Clubs and lodges;
(l) Conference or retreat center, up to ten rooms;
(m) Country store;
(n) Farm machinery repair;
(o) Farm market, enclosed not to exceed 10,000 square feet;
(p) Furniture repair/ cabinet-making/ carpentry shop;
(q) Game/domestic livestock butchering;
(r) Guide or outfitter services;
(s) Handcraft shops producing and selling principally products made on-site;
(t) Inns;
(u) Instructional workshop/classroom;
(v) Micro-brewery, to include cideries and micro-distilleries and similar;
(w) Mixed use occupancies that may combine multiple uses in a single project;
(x) Museum;
(y) Nursery/daycare (six or less);
(z) Offices (business or professional, general, musician, graphic artists, and similar);
(aa) Repair garage and shop (cars, small engines, welding);
(bb) Restaurant (the seating limitation/capacity will be determined by the Virginia Department of Health, the Virginia Department of Environmental Quality, and Building and Fire Code requirements, along with available parking);
(cc) Retail, not to exceed 10,000 square feet;
(dd) Specialty food production;
(ee) Veterinary services;
(ff) Workshops (instructional, furniture repair, cabinet building).
(Ord. passed 4-12-2016; Am. Ord. passed 5-9-2023; Am. Ord. passed 5-14-2024)
§ 154.2.128 USE CATEGORIES.
(A) The potential uses of land, buildings, structures, and tidal areas within Northampton County are arranged into the following categories to be referred to as use categories with the specific names given below. Division into these use categories is for convenience and ease of reference. A single use may appear in more than one category if such repetition facilitates easy use of Appendix A.
Category # | Category Name |
Category # | Category Name |
1 | Agricultural Uses |
2 | Commercial Uses |
3 | Community Service Uses |
4 | Industrial Uses |
5 | Marine-Related Uses |
6 | Recreational Uses |
7 SF | Single-Family Residential Uses |
7 MF | Multi-Family Residential Uses
|
(B) (1) Letter codes for table. Appendix A identifies each use category, specific uses and the zoning districts in which each use may be located in a particular zoning district as a matter of right (R), by minor special use permit (M/S), major special use permit (S), or zoning clearance (Z), and when a wetlands permit (W) is required. A use which does not appear in Appendix A is not permitted in Northampton County. No use may take place in any zoning district which is not in conformance with the uses identified in Appendix A.
(2) Definitions. For the purposes of this subchapter, the following definitions shall apply.
COMMERCIAL. A use that is principally offered by its owner to others for a fee.
PRIVATE. A use that is principally for the benefit of its owner, whether for his/her profit or not.
PUBLIC. A use owned by a government entity, or by an agency approved by the Board of Supervisors of Northampton County to operate the use for the benefit of three or more dwellings or structures or the benefit of the general population of Northampton County.
(Ord. passed 4-12-2016)