(A)

A site plan shall be required and shall be submitted to the county for each of the following:

1.

All new development in every zoning district except for single family dwellings which are not located within a dam break inundation zone, and structures used solely for agricultural purposes except where required by the provisions of section 3-100.1 regarding commercial feedlots.

2.

The conversion of any single family dwelling to any other use or to a higher intensity residential use.

3.

Additions or modifications to buildings or sites, except single family dwellings, if said addition or modification results in a 500 square foot or greater increase in impervious surface area of the site.

4.

The conversion of any property from fee simple ownership to a condominium form of ownership.

5.

The conversion of any building or property to a different use category, e.g., commercial to industrial.

6.

For any development proposed within the boundaries of a dam break inundation zone.

(B)

All required site plans shall be prepared by a professional engineer, or land surveyor, who is registered by the commonwealth. The administrator may waive this requirement if the type, scale or location of the proposed development does not necessitate such plans.

(C)

A plot plan that meets the standards contained in section 4-400.3 of this ordinance shall be required for all uses or development not requiring a site plan.

(Ord. of 11-14-13)

(A)

Applicants for site plan approval shall submit a preliminary site plan to the county for review and approval prior to preparing a final site plan. The preliminary site plan shall show the general location of all existing and proposed land uses and site features. Specifically it shall include the following information:

1.

The name and location of the proposed development.

2.

The boundary of the entire tract showing distances and bearings.

3.

The name and address of the property owner and or developer of the site, if different than the owner. The name and address of the person or firm preparing the plan.

4.

Area and present zoning of the site proposed for development.

5.

Adjacent and abutting properties with information on ownership, zoning and current use.

6.

Location of the lot or parcel by vicinity map. Site plans shall also contain a north arrow, original date, revision dates and graphical scale.

7.

The names and locations of existing and proposed public or private streets, alleys, and easements on or adjacent to the site. The center lines or boundary of adjacent rights-of-way shall also be shown.

8.

The exact location of buildings or structures existing on or proposed for the site, including their setbacks from property lines, and the distance between buildings or structures.

9.

The existing topography of the parcel prior to grading, and the proposed finished contours of the site with a maximum of two-foot contour intervals.

10.

The location of any 100-year flood plain and floodway on the site, and the relationship of buildings and structures to this floodplain and flood way.

11.

Location of any dam break inundation zone for an affected impounding structure. The site plan shall also provide the name and address of the dam owner. "Owner" means the owner of the land on which a dam is situated, the holder of an easement permitting the construction of a dam and any person or entity agreeing to maintain a dam.

12.

The location of existing and proposed freestanding signs on the parcel.

13.

The location and type of proposed exterior site lighting, including height of poles and type of fixtures.

14.

The location of required or proposed buffer yards, screening, fencing, and site landscaping. The type and size of the plant materials and screening to be used shall be provided. In addition, the relationship of these materials to physical site improvements and easements shall be provided.

(B)

The county shall review the preliminary site plan and shall advise the applicant whether or not the features and uses shown on the preliminary plan generally conform to the provisions of this ordinance and any other applicable county ordinance and requirement. If the features and uses shown on the preliminary plan generally conform to the provisions of this ordinance, the county shall advise the applicant of the approval of the preliminary plan and shall authorize the applicant to prepare and submit a final site plan. If the features and uses shown on the preliminary plan do not conform to the provisions of this ordinance, the county shall advise the applicant in writing, and shall advise the applicant on what changes to the preliminary plan are necessary prior to approval.

(C)

If it is determined that there are potential impacts of a proposed development within a dam break inundation zone according to the map on file with the planning department then the applicant must notify the dam owner and within ten days forward a request to the Department of Conservation and Recreation (DCR) to make a determination of the potential impacts of the proposed development on the spillway design flood standards required of the dam. If a locality has not received a determination within 45 days of the DCR's receipt of the request, the locality shall complete its review (Code of Virginia, § 10.1-606.3). If DCR determines that the plan of development would change the spillway design flood standards of the impounding structure, the locality shall not permit development in the inundation zone unless the developer or subdivider agrees to alter the plan of development to prevent changes to the spillway standards or contributes payment to the necessary upgrades to the affected impounding structures pursuant to Code of Virginia, § 15.2-2243.1.

(Ord. of 11-14-13)

(A)

Every final site plan submitted in accordance with the requirements of this ordinance shall show the following information unless the administrator determines that such information is not necessary to ensure conformance with county ordinances or standards:

1.

Location of the lot or parcel by vicinity map. Site plans shall also contain a north arrow, original date, revision dates and graphical scale.

2.

Property lines of the parcel(s) proposed for development, including the distances and bearings of these lines. If only a portion of a parcel is proposed for development, a limits of development line shall also be shown.

3.

The name and address of the property owner and or developer of the site, if different than the owner. The name and address of the person or firm preparing the plan.

4.

The tax parcel number(s) of parcels proposed for development and depicted on the site plan.

5.

The name of adjacent property owners and the owners of any property on which any utility or drainage easement may be required in conjunction with the development. Tax parcel numbers for each of these properties shall also be provided.

6.

The nature of the land use(s) proposed for the site.

7.

The zoning district designation of the parcel(s) proposed for development, and the zoning designation and current land use of adjacent parcels.

8.

The names and locations of existing and proposed public or private streets, alleys, and easements on or adjacent to the site. The center lines or boundary of adjacent rights-of-way shall also be shown.

9.

The location, type, and size of site access points such as driveways, curb openings, and crossovers. Sight distances at these access points shall be provided. If existing median cuts will serve the site they shall be shown. If new median cuts are proposed, their location shall also be shown.

10.

The average daily traffic expected to be generated by the proposed development.

11.

All proffers accepted pursuant to section 5-122 shall be shown on the plan.

12.

Off-street parking areas and parking spaces including handicapped spaces, loading spaces, and walkways indicating type of surfacing, size, angle of stalls, width of aisles, and a specific schedule showing the number of spaces provided and the number required by this ordinance.

13.

The exact location of buildings or structures existing on or proposed for the site, including their setbacks from property lines, and the distance between buildings or structures.

14.

The number of stories, floor area, and building height of each building proposed. If more than one land use is proposed, the floor area of each land use shall be provided. Floor area shall be calculated on the basis of parking required for the use(s), as specified in section 4-300.17.

15.

For residential developments, the type of dwelling unit shall be stated along with the number of units proposed. Where necessary for determining the number of required parking spaces, the number of bedrooms in each unit shall also be provided.

16.

The location of proposed or required fire lanes and signs.

17.

The existing topography of the parcel prior to grading, and the proposed finished contours of the site with a maximum of two-foot contour intervals.

18.

Detailed utility plans and calculations shall be submitted for sites for which public water or sewer will be provided or for sites on which existing utilities will be modified.

19.

An erosion and sediment control plan and detail sheet shall be submitted for site developments involving land disturbance of greater than 10,000 square feet of area, or 1,000 cubic yards of material. Land disturbing activity of less than 10,000 square feet on individual lots in a residential development shall not be exempt from this provision if the total land disturbing activity will equal or be greater than 10,000 square feet.

20.

A detailed storm water management plan and calculations shall be submitted.

21.

The location of existing and proposed freestanding signs on the parcel.

22.

The location and type of proposed exterior site lighting, including height of poles and type of fixtures.

23.

The location of any 100-year flood plain and floodway on the site, and the relationship of buildings and structures to this floodplain and floodway.

24.

Location of any dam break inundation zone for an affected impounding structure. The site plan shall also provide the name and address of the dam owner. "Owner" means the owner of the land on which a dam is situated, the holder of an easement permitting the construction of a dam and any person or entity agreeing to maintain a dam.

25.

The location of required or proposed buffer yards, screening, fencing, and site landscaping. The type and size of the plant materials and screening to be used shall be provided. In addition, the relationship of these materials to physical site improvements and easements shall be provided.

(Ord. of 11-14-13)

(A)

Site plans shall be submitted on sheets no greater in size than 36 inches by 42 inches. The scale of the plans shall not be greater than one inch equals ten feet (1" = 10'), or less than one inch equals 50 feet (1" = 50'). Plans shall be designed using an engineering scale. The administrator may approve a lesser scale such as 1" = 100' provided sufficient detail is provided to ensure compliance with all applicable requirements of this ordinance and any other requirement or ordinance of the county or commonwealth.

(B)

If more than one sheet is used to supply the information required by this ordinance, sheets shall be numbered, and match lines shall be provided, when appropriate, to clearly indicate where the plans join.

(C)

Prior to final approval by the county, site plans shall be signed by the owner or developer of the parcel(s) proposed for development. The signature shall certify that the owner/developer is aware of the site design requirements imposed by the site plan and other applicable county ordinances, and shall further certify that the owner/developer agrees to comply with these requirements, unless modified in accordance with local law.

(A)

The administrator shall have the administrative authority to establish county procedures for site plan review and approval. No procedure so established shall set a lesser standard than is legislated in this ordinance.

(B)

The administrator shall coordinate the county review of any site plan submitted in accord with county administrative procedures, and shall have the authority to request opinions or decisions from other county departments, agencies or authorities of the commonwealth, or from other persons as may from time to time be consulted.

(C)

A minimum of three complete sets of site plans shall be submitted for review. A review fee shall be required for any site plan submitted. The county shall establish procedures for the collection of these fees.

(D)

The county shall review, and approve or disapprove any site plan submitted for its review within 45 days of the filing of the plan with the county. If an unapproved site plan is returned to the applicant or other agent of the property owner, due to lack of required information on the plan, or because the design or standards proposed on the site plan do not meet the provisions of this ordinance or other applicable county standards, the 45-day time period shall begin again with the resubmittal of the plan to the county.

(E)

Approval of a final site plan pursuant to the provisions of this ordinance shall expire five years from the date of approval in accordance with Code of Virginia, § 15.2-2261, unless building and/or zoning permits have been obtained for the development.

(F)

No building or zoning permit shall be issued by any county official for any building, structure or use depicted on a required site plan, until such time as the plan is approved by the county.

(G)

No change, revision, or erasure shall be made on any pending or approved site plan, nor on any accompanying data sheet where approval has been endorsed on the plan or sheets, unless authorization for such changes is granted in writing by the administrator. The administrator shall consult with all applicable departments or agencies prior to approving the change.

(A)

Any improvement required by this ordinance, or any other ordinance of the county shall be installed at the cost of the developer unless other agreements have been reached between the developer, the county, the state department of transportation, and/or any other governmental agency.

(B)

Prior to the approval of a site plan the applicant shall execute an agreement to construct required or proposed improvements located within public rights-of-way or easements or any such improvement connected to any public facility. The applicant shall also file a performance guarantee with surety acceptable to the county in the amount of the estimated cost of the improvements plus ten percent contingency, as determined by the county. The owner's performance guarantee shall not be released until the construction has been inspected and accepted by the county.

(C)

Proposed lot sizes, buildings or uses shown on site plans shall conform to the provisions of this ordinance. Nonconforming lots of record, buildings or uses may be developed in accordance with section 5-126 of this ordinance.

(D)

Proposed parking areas, travel lanes and access drives shown on site plans shall be designed, located and constructed in accord with section 4-300 of this ordinance.

(E)

Utilities shown on site plans shall conform to applicable county standards.

(F)

Stormwater management facilities shown on site plans shall conform to applicable county ordinances and/or those of the commonwealth. A maintenance plan for facilities shall be provided.

(G)

Erosion and sedimentation control plans shall be designed and implemented in accord with the provisions of chapter 46, article III of the Prince Edward County Code.

(H)

Proposed exterior site lighting shall be in accord with section 4-400.1 of this ordinance.

(I)

Required buffer yards, screening and/or landscaping shown on site plans shall be designed and located in accord with section 4-200 of this ordinance.

Intent: It is the intent of these provisions to promote the public health, safety and welfare by reducing common conflicts associated with incompatible abutting land uses. It is also the intent of these provisions to promote the protection of the natural environment through plantings that absorb gaseous emissions and improve air and water quality. To the ends, these requirements seek to ease transition among different uses by reducing noise, glare, dust and overcrowding, redirecting emissions, confining litter, maintaining property values, protecting neighborhood character, promoting visual harmony, restricting passage, promoting peaceful enjoyment and privacy and enhancing the natural environment. Further, the requirements seek to encourage innovation in landscape and architectural design.

These provisions shall apply to all developments requiring a site plan as specified by section 4-100 of this ordinance. All required landscape plans shall be prepared by a licensed professional knowledgeable of plant materials and landscape design. The county encourages the use of native species.

(A)

Buffer yards containing specified screening and plantings shall be required between zoning districts of different intensities as shown in table 1. For each required buffer type, the developer of the site shall choose which option to install. Buffer yards shall be installed in the higher intensity zoning district.

(B)

Required buffer yards shall be located such that they provide a visual and physical barrier between abutting zoning districts of different intensities and shall buffer and screen all exterior storage, service, refuse, maintenance, repair, processing, salvage, parking, and other similar areas. No use of the site may be extended beyond the required buffer yard.

(C)

Required buffer yards shall not be located on any portion of any existing or dedicated public or private street or right-of-way, shall not obstruct the visibility of traffic circulation, and shall not interfere with the use of adjoining properties.

Table 1. Buffer Yard Requirements

(D)

Required buffer yards, including screening and plantings shall be in place at the time of any occupancy or use of the property. Required plantings may be installed at the beginning of the first opportune planting season after any occupancy or use of the property.

(E)

The buffer yard shall be reserved solely for screening and plantings, except for required pedestrian or vehicular access driveways to the property, passive recreation areas, or pedestrian or bicycle trails, which can be accommodated in a manner that preserve the intended screening function between abutting zoning districts of different intensities. In no case shall any portion of a required buffer yard be used for parking, service, refuse, storage, maintenance, or any other use that impairs the intended buffer function.

(F)

The property owner or lessee shall have the responsibility to continuously maintain the required buffer yards, screening and plantings such that they continue to meet the specified standards and intent of this section. All materials shall present an attractive appearance and be of durable construction.

(A)

Planting required by this section shall be provided in accordance with the following standards:

1.

Where required, all evergreen shrubs shall have a height of at least 24 inches at the time of planting and an ultimate height of six feet or more. One such shrub shall be planted for each three linear feet of buffer yard. Some evergreen shrubs that meet these standards are various types of hollies, yews, and junipers.

2.

Where required, each small evergreen tree shall have a height of at least four feet at time of planting and an ultimate height of 15 feet or greater. One such tree shall be planted for each five linear feet of buffer yard. Some small evergreen trees that meet these standards are various types of pines, hollies, upright arborvitae and junipers.

3.

Where required, each large evergreen tree shall have a height of at least six feet at the time of planting and an ultimate height of 50 feet or greater. One such tree shall be planted for each 15 linear feet of buffer yard. Some large evergreen trees that meet these standards are various types of pines, firs and hemlocks.

4.

Existing evergreen trees and shrubs which meet the requirements of this section may be counted as contributing to total planting requirements.

5.

All portions of buffer yard areas not containing plantings shall be seeded with lawn grass or other approved vegetative ground cover.

(B)

Screening required by this section shall be provided in accordance with the following standards:

1.

Screening shall be visually opaque and shall be constructed of a durable material. It shall be installed within the required buffer yard, and shall be continuously maintained.

2.

Acceptable screening materials shall include stockade fences, decorative masonry walls, brick walls, and earth berms. Alternate materials may be approved, if in the opinion of the administrator, their characteristic and design meet the intent and standards of this section.

(A)

When a new, expanded, or reconfigured parking area is required or proposed adjacent to a public street right-of-way, a landscaped planting strip shall be established between the parking area and the adjacent street right-of-way. This required landscaped planting strip shall have a minimum width of eight feet.

(B)

Within the required landscaped planting area, one deciduous tree shall be planted for each 30 linear feet of landscaped area. All trees planted shall have a clear trunk height of six feet and shall have a minimum caliper of two inches at the time of planting.

(C)

When buffer yards as specified in this section are not required, an eight foot wide landscaped planting strip shall be provided between all parking areas and adjacent properties. Within the required landscaped planting area, one deciduous tree shall be planted for each 30 feet of landscaped area. All trees planted shall have a minimum caliper of 2 inches at the time of planting.

In cases where quality woodland exists, preservation of existing trees between the building site, and/or parking lot and the adjoining right-of-way or property is encouraged and may be substituted for landscaping requirements at the discretion of the administrator.

When buffering, screening or planting requirements are required by a conditional rezoning, or a special use permit approved after the effective date of this ordinance, and said requirements are in conflict with the requirements contained herein, the more restrictive requirements shall apply.

Any lot or parcel of land having a lawful use that does not conform with the buffering, screening and landscaping provisions for this section shall be required to comply with these provisions if:

1.

The lawful use is discontinued for more than two years, or,

2.

The lawful use is replaced in whole or in part by a higher intensity use type, e.g. commercial to industrial, or

3.

The associated building or structure containing the lawful use is removed, or,

4.

The associated building or structure containing the lawful use is enlarged, extended, reconstructed or structurally altered to the extent that costs exceed 25 percent of the building's or structure's fair market value prior to any improvement. For purpose of this section, all costs incurred from enlargement, extension, reconstruction or structural alteration of such structure during a three-year period shall be included in determining whether the costs of such improvements exceed 25 percent of the fair market value.

Any exterior area used for storage, service, maintenance, repair, processing, manufacturing, fabrication, salvage, refuse disposal, or other similar use that is visible from a public street right-of-way or adjoining property, shall be screened with a buffer yard, screening meeting type A option 1 standards listed in this section, and shall be provided in a manner which screens the use from view. Any area so used shall also be similarly screened from view of adjoining residences and business.

(Ord. of 5-9-23)

These provisions for off-street parking are intended to address the off-street parking demands created by various land uses within the county. The standards established in this section are designed to protect the health safety and welfare of the county community by accommodating parked vehicles in a safe and functional manner with consideration given to the stormwater quality and quantity impacts of impervious parking areas.

These provisions shall apply equally for all use types listed in this section.

All required off-street parking shall be located on the same lot as the use requiring the parking, except under the following conditions:

1.

Required parking spaces are on a contiguous lot under the same ownership or in a permanent parking easement on contiguous property. Contiguous lots providing parking for more than one use shall provide sufficient spaces to comply with the parking requirements for all uses.

Site plans, as required by section 4-100 shall provide for parking spaces reserved for the disabled. The number of spaces provided shall be as required by the Virginia Uniform Statewide Building Code.

(A)

All required or provided off-street parking spaces located on the ground and not within a parking structure, may be located within any required yard unless the yard is required for screening, buffering, or landscaping as provided by this ordinance.

(B)

All parking structures and carports shall comply with the minimum yard and setback requirements applicable in the zoning district where the structure is located.

(A)

All off-street parking spaces shall provide safe and convenient access to a street.

(B)

Aisles between rows of parking, and aisles providing access to parking lots shall comply with the design standards established by the USBC (Uniform Statewide Building Code).

All off-street parking areas shall be constructed of a gravel, asphalt, porous pavement, surface treatment, or concrete surface as follows:

1.

Off-street parking areas in excess of 5,000 square feet shall be constructed of a surface consisting of asphalt, porous pavement, surface treatment or concrete.

2.

Off-street parking areas of 5,000 square feet or less shall be constructed of any of the materials listed above, except that gravel parking areas shall not permitted, unless the area devoted to parking is less than 2,500 square feet or the Administrator determines that the use for which the parking is provided is of a temporary nature.

3.

Gravel or other pervious paving materials maybe considered as a special condition.

(Ord. of 3-11-14)

All required or provided parking spaces shall have a minimum width of nine feet and a minimum depth of 20 feet except as follows:

1.

When parking spaces are adjacent to landscaped areas, the depth of such spaces may be decreased by two feet to provide for vehicle overhang area.

2.

Spaces for compact vehicles may comprise up to 20 percent of required spaces. Compact spaces shall be located in groups of five or more contiguous spaces and may have a minimum width of eight and one-half feet and a minimum depth of 18 feet.

(A)

When a building includes a combination of uses, the required parking will be the sum of the required parking for each use, or as determined by the administrator.

(B)

Where the parking requirement for a use is not defined in this section, and no similar use is listed, the administrator shall determine the number of spaces to be provided.

(C)

All references to square feet in the parking requirements below shall refer to gross square feet.

(D)

All references to maximum occupancy shall refer to maximum occupancy as defined by the Virginia Uniform Statewide Building Code.

Parking requirements are based on the use type, or in accord with schedule A and schedule B at the end of this section.

Schedule A

The following table contains minimum parking requirements for uses with elements having different functions or operating characteristics. The Administrator shall consider and decide the minimum parking required for uses containing a mixture of these elements.

Schedule B

Specific minimum parking requirements shall be determined by the administrator, based on requirements for similar uses, location of the proposed use, expected demand and traffic generated by the proposed use.

(Ord. of 3-11-14)

(A)

Stacking spaces shall be provided for any use having a drive-through facility or areas having a drop-off and pick up areas. The following general standards shall apply:

1.

Stacking spaces shall not impede on and off-site traffic movements, shall not cross or pass through off street parking areas, and shall not create potentially unsafe conditions.

2.

Drive through lanes shall be separated from off-street parking areas. Individual lanes shall be striped, marked, or otherwise delineated.

3.

Each stacking space shall be a minimum of eight feet by 20 feet.

(B)

Stacking spaces shall be provided as follows:

1.

Financial institutions shall provide five stacking spaces for the first drive-through window, and two stacking spaces for each additional window.

2.

Car washes shall provide four stacking spaces per bay or stall.

3.

Restaurants shall provide six stacking spaces per drive-through window, measured from the order station.

4.

All other uses containing drive-through facilities shall provide a minimum of three stacking spaces for each window.

All exterior site lighting fixtures shall be designed, located and arranged so as not to direct glare on adjoining streets or residential properties.

A plot plan shall be submitted, prior to the approval of a zoning permit, for any new or expanded use or development not requiring a site plan or a concept plan. Plot plans shall be legibly drawn and shall clearly indicate the area, shape and dimensions of the property proposed for development. All existing easements, natural water courses, and existing and proposed improvements shall also be shown on the plan. The plan shall clearly indicate the minimum distances between existing and proposed uses and all property lines. Proposed access to the property shall also be shown.

(A)

The lot area and yards required for any use or structure shall be permanently maintained, and shall not be counted as the required lot area or yards for any other use or structure.

(B)

Required yards shall remain free of all uses or structures except for the following:

1.

Fences, walls and landscaping shall be allowed in yards provided that sight triangles are maintained per section 4-400.15. Driveways and parking areas shall also be allowed.

2.

Patios and stoops shall be allowed within all required setback areas. Decks shall comply with all district setback requirements.

3.

Accessory structures shall be allowed in accord with the regulations for such structures.

(C)

Height limitations contained in article II of this ordinance shall not apply to barns or silos associated with an agricultural use, church spires, belfries, chimneys, or television antennae.

(Ord. of 4-12-22)

The minimum lot frontage on the arc of a cul-de-sac shall be no less than 30 feet in all zoning districts.

As may be elsewhere permitted by this ordinance, a maximum of two single family detached dwellings, or manufactured homes, or combination thereof, shall be located on any single lot of record. If a second single family dwelling or manufactured home is proposed for any lot, it shall be placed in a location on the lot that would allow future subdivision of the lot in full compliance with this ordinance and the county subdivision ordinance with respect to applicable frontage, setback and lot area requirements for each lot created.

Temporary family health care structures must comply with the Code of Virginia, § 15.3-2292.1 and use and design standards found in section 3-100.3 of this ordinance.

(Ord. of 11-14-13)

Well lots, tank lots, stormwater detention area lots, utility pumping station lots, and similar types of public utility lots may be created in compliance with the terms of this ordinance and the county subdivision ordinance, notwithstanding the frontage, width, area, and other design standards for lots found in article II of this ordinance. Any such lot proposed for platting, shall be clearly designated on a subdivision plat reviewed and approved by the county. This plat shall contain notations and covenants that clearly restrict the use of the lot for the above cited purposes. Further, the plat shall clearly indicate that no employment shall be allowed at these lots except for the routine and necessary maintenance of the public facilities.

On corner and double frontage lots, the front shall be determined by the administrator. A rear yard shall always be opposite a front yard. The minimum side yard on the side facing the side street shall be 50 feet or more for both main and accessory buildings.

(A)

To promote visibility for pedestrians and the operators of motor vehicles, a clear sight triangle shall be established at the intersecting rights-of-way of any two public streets. The legs of this sight triangle shall be 25 feet in length. They shall begin at the point of intersection of the two street rights-of-way, and shall extend 25 feet along each right-of-way line. The triangle shall be formed by connecting the endpoints of these two lines.

(B)

Within this sight triangle nothing in excess of three feet in height shall be constructed, placed, or permanently parked. In addition, no vegetative plantings within the triangle shall be allowed to grow to a height of greater than three feet.

(C)

Nothing in this section shall imply the necessity of removing obstructions within this sight triangle, provided that these obstructions were installed or planted prior to the effective date of this ordinance. Routine trimming of shrubbery violating this height requirement shall be required, if the trimming will not endanger the health of the species.

Except as provided for in Sec. 4-400.15 fences may be constructed in any location, on any lot.

(A)

A subdivision plat shall be submitted to the county for any new residential, commercial or industrial condominium development, including the conversion of any existing development to the condominium form of ownership. This plat shall meet all standards for subdivision plats. Plats shall be reviewed by the subdivision agent who shall approve the plat provided it meets the provisions of this ordinance and the county subdivision ordinance.

(B)

An approved owners' association shall be established for all condominium projects having individually owned structures or units, and common areas and facilities.

The purpose of this association is for the provision of upkeep and maintenance of the common areas and facilities. The subdivision agent shall review the provisions of the association to ensure compliance with this ordinance.