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Prince George County Unincorporated
City Zoning Code

ARTICLE XVIII

PERMITS, CERTIFICATES

Sec. 90-821.- Zoning permits.

(a)

Buildings or structures shall be started, reconstructed, enlarged or altered only after a zoning permit has been obtained from the administrator.

(b)

The planning commission may request a review of the zoning permit approved by the administrator in order to determine if the contemplated use is in accordance with the district in which the construction lies.

(c)

Each application for a zoning permit shall be accompanied by three copies of a scale drawing. The drawing shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land, and the location of such building or use with respect to the property lines of the parcel of land and to the right-of-way of any street or highway adjoining the parcel of land. Any other information which the administrator may deem necessary for consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the administrator. One copy of the drawing shall be returned to the applicant with the permit.

(d)

All necessary drainage facilities shall be provided within the James River watershed to ensure compliance with the water quality standards contained in the Chesapeake Bay Preservation Area Designation and Management Regulations (VR 173-02-01) based on the best management practices efficiencies shown in appendix C of the Chesapeake Bay local assistance department's local assistance manual for lots created prior to April 1, 1995.

(Code 1988, § 17-281)

Sec. 90-822. - Certificate of occupancy.

Land may be used or occupied and buildings, structurally altered or erected, may be used or changed in use only after a certificate of occupancy has been issued by the administrator. Such permit shall state that the building or the proposed use or the use of the land complies with the provisions of this chapter. A similar certificate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use. A certificate of occupancy either for the whole or a part of a building shall be applied for simultaneously with the application for a zoning permit. The permit shall be issued within ten days after the erection or structural alteration of such building or part has conformed with the provisions of this chapter.

(Code 1988, § 17-282)

Sec. 90-823. - Conditional use permit.

Where permitted by this chapter, the location of hotels, motels, mobile home parks, commercial amusement parks, hospitals, mobile homes, airports, borrow pits, sanitary fill method of garbage disposal, public utilities, refuse sites and other permitted uses shall require, in addition to the zoning permit and certificate of occupancy, a conditional use permit. These permits shall be subject to such conditions as the board of supervisors deems necessary to carry out the intent of this chapter.

(Code 1988, § 17-283)

Sec. 90-824. - Site plan required.

(a)

A site plan shall be required for all structures which contain more than four residential units or are for other than agricultural purposes. No building permit shall be issued to erect or to alter any building until a site plan is approved under the provisions of this article.

(b)

Site plans shall be prepared by a licensed architect, landscape architect, engineer, or land surveyor; signed, sealed and dated and shall include, but not be limited to:

(1)

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 and the name and address of the person or firm preparing the site 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 be known.

(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)

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 limit of development line shall also be shown.

(11)

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

(12)

The name of adjacent property owners and 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.

(13)

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

(14)

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.

(15)

All proffers accepted pursuant to Section 90-622 shall be shown on the plan.

(16)

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 section.

(17)

The number of stories, floor area, building height, and elevations 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).

(18)

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.

(19)

The location of proposed or required fire lanes and signs.

(20)

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. The county engineer shall have the authority to set the standards for such plans.

(21)

An erosion and sedimentation control plan and detail sheet shall be submitted for site developments involving the grading disturbance of greater than 2500 square feet of area or 1,000 cubic yards of material.

(22)

A detailed storm water management plan an calculations shall be submitted. The county engineer shall determine the requirements for such plans.

(23)

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

(24)

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

(25)

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

(26)

The location of required or proposed buffer yards, screening, fencing, and site landscaping and irrigation. 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.

(27)

Chesapeake Bay Preservation Areas.

(28)

Notation of requirement of pump-out of on-site sewage treatment systems in Chesapeake Bay Preservation Areas every five years.

(29)

Notation of requirement for 100% reserve drainfield site for on-site sewage treatment systems in Chesapeake Bay Preservation Areas.

(30)

Notation of requirement for retention of an undisturbed and vegetated 100-foot wide buffer area in the Resource Protection Area.

(31)

Notation of the permissibility of only water dependent facilities or redevelopment in the Resource Protection Area.

(32)

Prince George Planning Area or Rural Conservation Area.

(c)

The county shall review and provide comments for any site plan that is submitted for review within 60 days of the filing of the plan with the county. Approval of a final site plan pursuant to the provisions of this article shall expire five years from the date of approval in accordance with Code of Virginia, § 15.2-2261, as amended, unless a building permit and/or a zoning permit has been obtained for the development. 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 site plan is approved by the county.

1.

Minor Site Plan Approval Process: Site Land Disturbance or a Building Addition of 2,500—10,000 square feet which meets the following qualifications:

a.

No public water or public sewer mainline extensions are required for the proposed use.

b.

No significant site draining improvements and uses existing on site retention structures.

c.

No significant site access or any internal site circulation changes or road improvements.

d.

No subdivision and conveyance of a portion of the property is needed for the expansion

e.

No change of use of the building is permitted. Only interior and/or exterior renovations.

(Code 1988, § 17-284; Ord. No. O-14-24, 10-28-2014; Ord. No. O-18-01, § 1, 1-23-2018; Ord. No. O-18-08, § 1, 5-22-2018)

Sec. 90-825. - Minimum standards and improvements required.

(a)

Any improvement required by this article, 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 Virginia Department of Health (VDH), Virginia Department of Transportation (VDOT) and/or any other governmental agency.

(b)

Prior to approval of a final site plan, the developer 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 developer 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 engineer, VDH or VDOT. The developer's performance guarantee shall not be released until the construction work has been inspected and accepted by the county, by VDH and/or VDOT.

(c)

A landscaping plan shall be submitted for site plan approval. The natural landscape and topography shall be preserved except when alterations are necessary to accommodate building sites, parking areas, and access drives, necessary stormwater drainage facilities and utility systems and certain recreational areas.

(Ord. No. O-14-24, 10-28-2014)

Sec. 90-826. - Buffers, screening and landscaping standards.

(a)

These standards are designed to promote the public health, safety and welfare by reducing common conflicts associated with incompatible land uses. These standards also seek to provide a transition between different land uses by reducing any noise, glare, dust, overcrowding; maintaining property values, promoting privacy and by enhancing the natural environment and they do seek to encourage innovation in both landscape and architectural site design.

(b)

Buffers may be bisected by any necessary utilities perpendicularly provided that the buffer area is restored to provide the proper site screening for the zoning district.

(Ord. No. O-14-24, 10-28-2014)

Sec. 90-826.1. - Buffer yards.

(a)

Required buffer yards shall be located so that they provide a visual and physical barrier between abutting zoning districts and shall buffer and screen all outside storage, loading and parking areas. No use of the site may be extended into or beyond the required buffer yard. Required buffer yards shall not be located in any portion of any existing or any dedicated public right-of-way and they shall not obstruct the visibility of traffic circulation and shall not interfere with the use of adjoining land.

(b)

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

(c)

The property owner or the lessee shall have the responsibility to continuously maintain the required buffer yards, site screening and plantings so that they continue to meet the specified standards and intent of this section to properly buffer different zoning district uses.

(Ord. No. O-14-24, 10-28-2014)

Sec. 90-826.2. - Standards for buffer yard plantings and screening.

(a)

Plantings required by this section shall be provided in accordance with:

(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 greater within five years or less. One shrub shall be planted for each three linear feet of buffer yard.

(2)

Where required, each small evergreen tree or shrub shall have a height of at least six feet at the time of planting and an ultimate height of 15 feet or greater within five years or less. One tree or shrub shall be planted for each five linear feet of buffer yard.

(3)

Where required, each large evergreen tree shall have a height of at least eight feet at the time of planting and an ultimate height of 50 feet or greater within five years or less. One tree shall be planted for each 15 linear feet of buffer yard.

(4)

Existing evergreen trees and shrubs which meet the requirements of this section may be counted as contributing to the total planting requirements. All portions of buffer yard areas not containing plantings shall be seeded with grass or other approved vegetative ground cover for stabilization and decorative landscaping purposes.

(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 by the property owner or by the lessee.

(2)

Acceptable screening materials shall include but are not limited to: decorative fences, decorative masonry or brick walls matching the building, and earthen berms with landscaping and other existing vegetation, or a combination of the above to screen outside storage areas.

(3)

If screening is to be accomplished by landscaping, the landscaping materials shall achieve the standards stated within a period of five years or less.

(Ord. No. O-14-24, 10-28-2014)

Sec. 90-826.3. - Requirements for exterior storage and dumpster enclosures.

(a)

Any exterior area used for storage or other similar use that is visible from a public right-of-way shall be screened with a buffer yard, screening and/or plantings and shall be provided in a manner which screens the use from view.

(b)

All commercial and industrial use types shall screen from surrounding views all articles and materials being stored, maintained, repaired, processed, erected, fabricated, dismantled or salvaged on premises.

(c)

All dumpsters for recycling and refuge storage shall be screened on all sides by an opaque enclosure that should match the building and has a minimum height of six feet and nothing should exceed the height of the enclosure area. If adjacent to residential units or hotel rooms, there shall be a sign posted on the gate that indicates: "No servicing before 6:00 a.m. or after 10:00 p.m."

(d)

Areas set aside for recycling and refuge storage collection should be conveniently located and shall be screened from view from adjacent properties and rights-of-way. Dumpsters and bins must be accessible to service trucks at all times and may not be blocked by parking spaces.

(e)

Where any area is used for an active outdoor recreational use, such as a playground, tennis courts, a swimming pool, or other similar land use is located within a residential district, such use shall be screened from any adjoining residences with buffer yards, screening and/or plantings.

(Ord. No. O-14-24, 10-28-2014)

Sec. 90-826.4. - Perimeter landscaping standards for parking areas.

(a)

When a new, expanded or redesigned parking area is required or is proposed adjacent to a public right-of-way, a landscaped planting strip shall be established between the parking area and the adjacent right-of-way. The required landscaped planting strip shall have a minimum width of ten feet to accommodate the required plantings. When buffer yards as specified in this section are not required, an eight-foot wide landscaping planting strip shall be provided between all parking areas and adjacent properties.

(b)

Front setback areas located between a building and a public right-of-way shall be landscaped with a combination of trees, shrubs, and groundcover. In cases where existing vegetation that can be preserved exists on the property it may be substituted for required landscaping requirements or supplement them at the discretion of the administrator.

(Ord. No. O-14-24, 10-28-2014)

Sec. 90-826.5. - Interior landscaping standards for parking areas.

The following minimum standards for interior parking area landscaping shall be met for all new, expanded or redesigned parking areas containing 10,000 square feet or greater of impervious area:

(1)

At least one deciduous tree shall be installed for every ten parking spaces provided. All deciduous trees shall have a minimum caliper of two inches at the time of planting. Smaller flowering trees may be used at the discretion of the administrator. When used, these trees may retain their lower limbs but shall be planted with due consideration of visibility and the traffic flow on the premises.

(2)

Planting islands, with a minimum width of nine feet shall be provided between every 15 parking spaces. One deciduous tree shall be provided within each planting island.

(3)

Landscaping may be used to delineate vehicular and pedestrian circulation patterns, improve stormwater quality and to promote stormwater management objectives. Directional signs and other techniques shall be used to further direct the flow of both vehicular and pedestrian traffic within the parking area.

(Ord. No. O-14-24, 10-28-2014)

Sec. 90-826.6. - Landscaping maintenance requirements.

(a)

All landscaped areas shall be provided with an available water supply with at least one hose bib located within 150 feet of all planted areas. Drip-type irrigation systems are encouraged for long-term maintenance of plant materials.

(b)

All required or provided trees, shrubs and other plant materials must be replaced during the first available planting season if they die on the premises within the five-year or less maturity period.

(c)

Trees shall not be trimmed or topped so that signage may be visible. Trees shall be allowed to grow and at the appropriate time the tree crown may be lifted during regular tree maintenance procedures.

(Ord. No. O-14-24, 10-28-2014)

Editor's note— Ord. No. O-14-24, adopted Oct. 28, 2014, added two sections designated 90-826.5. In order to preserve the sequential numbering of the Code, the second such section, pertain to landscaping maintenance requirements, has been renumbered 90-826.6, and the subsequent §§ 90-826.6—90-826.8 have been renumbered 90-826.7—90-926.9 accordingly.

Sec. 90-826.7. - Administrative modifications.

The requirements of this section shall be applied equally to all properties but may be modified or waived by the administrator where the intent of this section is preserved and where proposed developments of the new land use meets any of the following guidelines:

(1)

Natural land characteristics and/or existing vegetation would achieve the same intent of this section provided such natural features are maintained and not modified by the development or use of the site;

(2)

The amount of the required buffer yard would occupy more than 15 percent of the total parcel and proportional increases of planting and screening are added which are determined by the administrator to offset any reductions of the required buffer yard;

(3)

When property lines abut another jurisdiction, the administrator shall determine the specific screening and buffer requirements along the property lines. Requirements shall not exceed those that would be required for similarly situated property within the county boundaries.

(Ord. No. O-14-24, 10-28-2014)

Editor's note— See editor's note to § 90-826.6.

Sec. 90-826.8. - Conflicting requirements.

When buffering, screening or planting requirements are required by a conditional rezoning or special exception case approved after the effective date of this article, and said requirements are in conflict with the requirements contained herein, the most restrictive zoning requirements shall apply.

(Ord. No. O-14-24, 10-28-2014)

Editor's note— See editor's note to § 90-826.6.

Sec. 90-826.9. - Site lighting requirements.

(a)

All exterior site lighting fixtures shall be designed, located and arranged so as not to direct glare on adjoining roads or residential properties. All exterior fixtures shall be shielded or designed so that light is directed towards the ground and so it does not interfere with motorists' vision.

(b)

No freestanding light fixtures shall exceed 35 feet in height above grade, except for publicly owned fixtures and where possible, the light fixtures may be limited to 20 feet in height above grade.

(c)

Lighting intensity at the property line shall not exceed one footcandle and shall limit the amount of light pollution adjacent to any federal property where night training activities are conducted for Department of Defense security purposes.

(d)

A lighting plan shall be submitted for site plan approval providing the location of the light fixtures in relation to the proposed landscaping trees to avoid future lighting conflicts at the time of planting maturity.

(Ord. No. O-14-24, 10-28-2014)

Editor's note— See editor's note to § 90-826.6.