(a)

Specific requirements by use. Except as otherwise provided in this chapter, when any building or structure is hereafter erected or structurally altered, or any building or structure hereafter erected is converted, accessory off-street parking spaces shall be provided as follows:

(b)

Interpretation of specific requirements.

(1)

The parking requirements above are in addition to waiting spaces or stacking spaces necessary for the operation of drive-in or drive-through facilities. Waiting spaces on the premises must be adequate to avoid obstruction of traffic on the public way.

(2)

The parking requirements above are in addition to space for storage of automobiles, trucks, manufactured homes, campers, recreation vehicles or other similar vehicles used or offered for sale in connection with a particular use.

(3)

The parking requirements in this article do not limit the parking requirements contained in the district regulations.

(4)

The parking requirements in this article do not limit special requirements which may be imposed by approval of a conditional use or special exception.

(5)

Where fractional spaces result, the parking spaces required shall be construed to be the next highest whole number.

(6)

Except as otherwise provided, the number of employees shall be compiled on the basis of the maximum number of persons employed on the premises at one (1) time on an average day or average night, whichever is greater. Seasonal variations in employment may be recognized in determining an average day.

(7)

The parking space requirements for a use not specifically listed in the chart shall be the same as for a listed use of similar characteristics of parking demand generation.

(8)

In the case of mixed uses, uses with different parking requirements occupying the same building or premises, or in the case of joint use of a building or premises by more than one (1) use having the same parking requirements, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

(9)

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, creating a need under the requirements of this article for an increase in parking spaces of ten (10) percent or more, such additional spaces shall be provided on the basis of the change or enlargement. No additional spaces shall be required for the first change or enlargement which would result in an increase of spaces of less than ten (10) percent of those required before the change or enlargement, but this exception shall not apply to a series of changes or enlargements which together result in a need for an increase in parking space of ten (10) percent or more.

(c)

Joint use and off-site facilities.

(1)

Except as otherwise provided in this chapter, all parking spaces required herein shall be located on the same lot with the building or use served. Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located and maintained not to exceed three hundred (300) feet from an institutional building or other nonresidential building served. For the purpose of this requirement, land used for employee parking but located immediately across a street or alley from the building or use served shall be considered as located on the same lot.

(2)

In any case, where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, such parking space shall be established by a recorded covenant or agreement as parking space to be used in conjunction with the principal use and shall be reserved as such through an encumbrance on the title of the property to be designated as required parking space, such encumbrance to be valid for the total period the use or uses for which the parking is needed are in existence.

(d)

Design standards. The design standards of this paragraph (d) shall not apply to race tracks with a design capacity of less than ten thousand (10,000) seats.

(1)

Minimum space area. For the purpose of these regulations, an off-street parking space is an all-weather surfaced area (surfaced with gravel, stone, asphalt or concrete) not in a street or alley and having an area of not less than one hundred sixty-two (162) square feet (nine (9) feet in width and eighteen (18) feet in length minimum), exclusive of driveways, permanently reserved for the temporary storage of one (1) vehicle and connected with a street or alley by a paved driveway which affords ingress and egress for an automobile without requiring another automobile to be moved. Spaces in paved areas shall be marked with traffic paint or other approved means. In parking areas containing ten (10) or more spaces, up to twenty (20) percent of the spaces may be reduced to eight (8) feet in width and fifteen (15) feet in length minimum provided such spaces are marked on pavement and clearly designated as reserved for small or compact automobiles only.

(2)

Entrances and exits. Location and design of entrances and exists shall be in accord with the requirements of applicable regulations and standards, including those of the state department of transportation. In general, there shall not be more than one (1) entrance and one (1) exit, or one (1) combined entrance and exit, along any one (1) street and exits and entrances shall not be located within fifty (50) feet of a street intersection or be greater than fifty (50) feet in width. Landscaping, curbing, or approved barriers shall be provided along lot boundaries to control entrance and exit of vehicles or pedestrians.

(3)

Drainage and maintenance. Off-street parking facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys and shall be paved in accordance with an approved plan or in accordance with applicable county specifications. Off-street parking areas shall be maintained in a clean, orderly and dust-free condition at the expense of the owner or lessee.

(4)

Lighting. Adequate lighting shall be provided if off-street parking spaces are to be used at night. Lighting facilities shall be arranged and installed, and the light source shielded, to minimize glare on adjacent property or streets and no lighting fixture shall exceed a height of thirty (30) feet in a residential district or thirty (30) feet in a business district.

(5)

Design in general. All parking lots shall be arranged for functional efficiency and convenience and in general shall be designed to present a pleasing appearance so as to reduce adverse impact on surrounding public or private property.

(Ord. of 6-18-90, § 19-14.1; Ord. of 5-28-91, § 19-14.1(a),(d))

Cross reference— Motor vehicles and traffic, Ch. 9.

(a)

Specific requirements by use. Except as otherwise provided in this chapter, when any building or structure is hereafter erected, or structurally altered to the extent of increasing the floor area by twenty-five (25) percent or more, or any building is hereafter converted for the uses listed below, when such buildings contain the floor areas specified, accessory off-street loading spaces shall be provided as required below or as required in subsequent sections of this article.

(b)

Interpretation of specific requirements.

(1)

The loading space requirements apply to all districts but do not limit the special requirements which may be imposed in the district regulations.

(2)

The loading space requirements in this article do not limit special requirements which may be imposed in connection with uses permitted by approval of a conditional use or special exception.

(c)

Mixed uses in one building. Where a building is used for more than one (1) use or for different uses, and where the floor area used for each use for which loading space is required is below the minimum for required loading spaces but the aggregate floor area used is greater than such minimum, then off-street loading space shall be provided as if the entire building were used for that use in the building for which the most spaces are required. In such cases, the administrator may make reasonable requirements for the location of required loading spaces.

(d)

Design standards.

(1)

Minimum size. For the purpose of these regulations a loading space is a space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks, having minimum area of five hundred forty (540) square feet, minimum width of twelve (12) feet, a minimum depth of thirty-five (35) feet, and a vertical clearance of at least fifteen (15) feet.

(2)

Loading space for funeral homes. Loading spaces for a funeral home may be reduced in size to ten (10) by twenty-five (25) feet and vertical clearance reduced to eight (8) feet.

(3)

Entrances and exits. Location and design of entrances and exits shall be in accord with applicable requirements of the district regulations and traffic regulations and standards. Where the entrance or exit of a building is designed for truck loading and unloading, such entrance or exit shall be designed to provide at least one (1) off-street loading space. Where an off-street loading space is to be approached directly from a major thoroughfare, necessary maneuvering space shall be provided on the lot.

(Ord. of 6-18-90, § 19-14.2)

(a)

Sign definitions. For the purpose of this section, certain terms and words pertaining to signs are hereby defined. The general rules of construction contained in article I are applicable to these definitions.

(1)

Sign. An identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land, rock, tree or other natural object and which directs attention to a product, place, activity, person, institution or business.

(2)

Sign area. That area within a line including the outer extremities of all letters, figures, characters, and delineations, or within a line including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, whether it be columns, a pylon, or a building or part thereof, shall not be included in the sign area. Only one (1) side of a double-faced sign shall be included in a computation of sign area; for other signs with more than one (1) face, each side shall be included in a computation of sign area. The area of a cylindrical or spherical sign shall be computed by multiplying one-half of the circumference by the height of the sign.

(3)

Accessory sign. A sign relating only to uses of the premises on which the sign is located, or products sold on the premises on which the sign is located, or indicating the name or address of a building or the occupants or management of a building on the premises where the sign is located.

(4)

Detached sign. A sign not attached to or painted on a building, but which is affixed to the ground. A sign attached to a flat surface such as a fence or wall not a part of a building shall be considered a detached sign.

(5)

Double-faced sign. A sign with two (2) parallel, or nearly parallel, faces, back to back, and located not more than twenty-four (24) inches from each other.

(6)

Flashing sign. An illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Any sign which revolves or moves, whether illuminated or not, shall be considered a flashing sign. A clock or thermometer or similar instrument with moving hands or a sign which has letters or numbers which change at intervals of not less than five (5) seconds shall not be considered a flashing sign.

(7)

Flat sign. Any sign attached to, and erected parallel to the face of, or erected or painted on the outside wall of, a building and supported throughout its length by such wall or building and not extending more than eighteen (18) inches from the building wall.

(8)

General advertising sign. Any sign which is not an accessory sign or which is not specifically limited to a special purpose by these regulations. A billboard not related to a use conducted on the premises is a general advertising sign.

(9)

Illuminated sign. Any sign designed to give forth artificial light or designed to reflect light from one (1) or more sources of artificial light erected for the purpose of providing light for the sign.

(10)

Indirectly illuminated sign. A sign which does not produce artificial light from within itself but which is opaque and backlighted or illuminated by spotlights or floodlights not a part of or attached to the sign itself, or a sign of translucent nontransparent material illuminated from within but with no exposed or exterior bulbs, tubes or other light source.

(11)

Marquee sign. A sign attached to, hung from, or part of, a marquee, awning, canopy or other covered structure which projects from and is supported by the building and extends beyond the building wall. For the purpose of these regulations, a sign attached to an independent canopy such as covers gasoline pumps shall be considered a marquee sign.

(12)

Portable sign. A sign not permanently anchored to the ground or to a building or structure and which is constructed in such a manner as to permit its easy removal, as for example a sign mounted upon a carriage or fixed supports or on an axle and wheels.

(13)

Projecting sign. A sign which is attached to and projects more than eighteen (18) inches from the face of a wall of a building. The term projecting sign includes a marquee sign.

(14)

Sign, height. The vertical distance from the street grade or the average lot grade at the front setback line, whichever produces the greater vertical distance, to the highest point of the sign.

(b)

General requirements, all signs. The following regulations apply generally to all signs and are in addition to the regulations contained elsewhere in this chapter:

(1)

No sign, unless herein excepted, shall be erected, constructed, posted, painted, altered, maintained or relocated, except as provided in this article and in these regulations, until a permit has been issued by the administrator. Before any permit is issued, an application especially provided by the administrator shall be filed, together with two (2) sets of drawings and/or specifications (one (1) to be returned to the applicant) as may be necessary to fully advise and acquaint the administrator with the location, construction, materials, manner of illuminating and/or securing or fastening, the number of signs applied for, and the wording of the sign or advertisement to be carried on the sign. All signs which are electrically illuminated shall require a separate electrical permit and inspection. All signs shall be erected on or before the expiration of thirty (30) days from the date of issuance of the permit; otherwise, the permit shall become null and void and a new permit shall be required. Each sign requiring a permit shall be clearly marked with the permit number and name of the person or firm placing the sign on the premises. Fees for sign permits shall be in accordance with the schedule adopted by ordinance, a copy of which is maintained in the office of the administrator.

(2)

Structural and safety features and electrical systems shall be in accordance with the requirements of the applicable codes and ordinances. No sign shall be approved for use unless it has been inspected by the department issuing the permit and is found to be in compliance with all the requirements of this chapter and applicable technical codes.

(3)

The following signs are exempted from the provisions of these regulations and may be erected or constructed without a permit but in accordance with the structural and safety requirements of the building code:

a.

Official traffic signs or sign structures and provisional warning signs or sign structures, when erected or required to be erected by a governmental agency, and temporary signs indicating danger.

b.

Changing of the copy on a bulletin board, poster board, display encasement or marquee.

c.

Temporary, nonilluminated paper signs in show windows in a business or industrial district.

d.

Temporary nonilluminated election campaign signs.

e.

Temporary nonilluminated signs, not more than six (6) square feet in area, advertising real estate for sale or lease or announcing contemplated improvements of real estate, and located on the premises, one (1) such sign for each street frontage.

f.

Temporary nonilluminated signs not more than thirty-two (32) square feet in area, erected in connection with new construction work and displayed on the premises during such time as the actual construction work is in progress, one (1) such sign for each street frontage.

g.

Nonilluminated signs warning trespassers or announcing property as posted.

h.

Temporary nonilluminated portable signs, not exceeding six (6) square feet in area, in a business or industrial district, one (1) for each fifty (50) feet of street frontage. (All portable signs shall be included in the measurement of permitted sign area.)

i.

Sign on a truck, bus or other vehicle, while in use in the normal course of business. This section should not be interpreted to permit parking for display purposes of a vehicle to which signs are attached in a district where such signs are not permitted.

(4)

The administrator, upon application, as required in subsection (1) above, may issue temporary permits for the following signs and displays for a period of not exceeding thirty (30) days, when in his opinion, the use of such signs and displays would be in the public interest and would not result in damage to private property:

a.

Signs advertising a special civic or cultural event such as a fair or exposition, play, concert or meeting, sponsored by a governmental, civic or charitable organization.

b.

Special decorative displays used for holidays, public demonstrations or promotion for nonpartisan civic purposes.

c.

Special sales promotion displays in a district where such sales are permitted, including displays incidental to the opening of a new business.

(5)

Pennants, banners, streamers and all other fluttering, spinning or similar type signs and advertising devices are prohibited except for national flags and flags of political subdivisions of the United States, and except for flags of bona fide civic, charitable, fraternal, and welfare organizations, provided that during nationally recognized holiday periods, or during a special civic event, pennants, banners, streamers and other fluttering, spinning or similar type advertising devices pertaining to such periods or events may be displayed by temporary permit as provided above in this article, and further provided that the administrator may approve special flags and flag poles when, in his opinion, they form an integral design feature of a building or group of buildings and not an ordinary advertising device.

(6)

No flashing signs shall be permitted in any district.

(7)

No sign which is not an integral part of the building design shall be fastened to and supported by or on the roof of a building and no projecting sign shall extend over or above the roof line or parapet wall of a building.

(8)

Applications for unusual signs or displays which give rise to questions of interpretation of these regulations may be referred by the administrator to the board of zoning appeals for the purpose of interpretation by the board and recommendation for action on the application by the administrator. If, in the opinion of the board, the application is not adequately covered by these regulations, the board may make recommendations for amendment of this chapter.

(9)

No sign shall be constructed, erected, used, operated, or maintained which:

a.

Displays intermittent lights resembling, or seeming to resemble, the flashing lights customarily associated with danger or such as are customarily used by police, fire or ambulance vehicles, or for navigation purposes.

b.

Is so located and so illuminated as to provide a background of colored lights blending with traffic signal lights to the extent of confusing a motorist when viewed from normal approaching position of a vehicle at a distance of twenty-five (25) to three hundred (300) feet.

(10)

Permitted signs for a nonconforming business or industrial use in an agricultural or residential district shall consist of those signs permitted in the B-1 local business district.

(11)

Except as otherwise specifically provided in these regulations, all signs shall be subject to the provisions of article XVI governing nonconforming uses.

(12)

Except as otherwise provided, these regulations shall be interpreted to permit one (1) sign of each permitted type, in accordance with applicable regulations, for each street frontage, for each permitted use on the premises. For the purpose of this regulation, sign "types" are flat, detached and projecting signs, or special purpose signs specifically listed in the district regulations.

(13)

Except as otherwise provided, any sign may be a flat, detached or projecting sign, and, except as otherwise provided, no detached sign shall exceed a height of fifteen (15) feet.

(14)

Signs of permitted types and sign area may be placed on front walls or on walls of buildings other than the front except that signs may not be placed on side or rear walls facing, and within one hundred (100) feet of, a residential district.

(15)

Unless otherwise specified in these regulations, all signs shall comply with the yard requirements of the district in which they are located, provided that one (1) sign, accessory or otherwise, may occupy required yards in a district where such sign is permitted by these regulations, if such sign is not more than fifty (50) square feet in area, and other requirements of these regulations are complied with. Any sign granted by a conditional use permit shall be governed by the conditions set upon it, rather than by the district regulations.

(16)

Portable signs, on wheels, carriages, or on fixed supports shall be considered as detached signs and shall be included in any measurement of permitted sign area whether or not a permit is required.

(17)

No sign, portable or otherwise, is to be placed or located to conflict with the vision clearance or other requirements of this chapter or applicable traffic ordinances.

(18)

No signs which require a permit shall be attached to trees, utility poles, or any other unapproved supporting structure.

(19)

No signs shall project over public right-of-way without express permission of the board of supervisors except for permitted flat signs which may so project not more than eighteen (18) inches.

(20)

The owner and/or tenant of the premises and the owner and/or erector of the sign shall be held responsible for any violation of these regulations. Where a sign has been erected in accordance with these regulations, the sign company shall be relieved of further responsibility under these regulations after final approval of the sign by the administrator.

(21)

All signs shall be maintained in good condition and appearance. After due notice has been given as provided below, the administrator may cause to be removed any sign which shows gross neglect or becomes dilapidated, or which by reason of a change in occupancy no longer relates to a use conducted on the property.

(22)

The administrator shall remove or cause to be removed any sign or supporting structure erected or maintained in conflict with these regulations if the owner or lessee of either the site or the sign fails to correct the violation within thirty (30) days after receiving written notice of violation from the administrator. The cost of removal may be placed as a lien against the property. Removal of a sign by the administrator shall not affect any proceedings instituted prior to removal of such sign.

(Ord. of 6-18-90, § 19-14.3; Ord. of 6-22-98(2); Ord. of 12-19-05(2))

(a)

Reference to Virginia Condominium Act.

(1)

Nothing in this chapter shall be interpreted to prohibit condominiums as such by reason of the form of ownership inherent therein. Neither shall any condominium be treated differently under any provision in this chapter which would permit a physically identical project or development under a different form of ownership.

(2)

All condominium projects or developments hereafter constructed shall comply with the provisions of this chapter, including the requirements for approval of site plans. Whenever an existing project or development is to be converted to condominium ownership involving certain land areas to be held as common elements, limited or otherwise, a site plan shall be filed showing the extent and ownership of such holdings. Nothing in this requirement shall be interpreted to abridge any rights such project or development may hold as a nonconforming use.

(3)

Any declaration of restrictions to be filed in connection with any project covered by the provisions of this chapter shall comply in all respects with the provisions of the Virginia Condominium Act not in direct conflict with the requirements of this chapter.

(b)

Lot area.

(1)

Requirements for lot area per family do not apply to dormitories, fraternities, sororities and other similar living quarters which are accessory to a permitted use and which have no cooking facilities in individual rooms or apartments.

(2)

Requirements for lot area per family do not apply to rental units in a hotel, motel, motor lodge, bed and breakfast facility or tourist home or rooms in a rooming, boarding or lodging house.

(c)

Lot frontage and flag lots. The minimum lot frontage in all districts shall be twenty-five (25) feet subject to the following:

(1)

In accordance with the definitions of article I, lot frontage is measured at the street or road line; minimum lot width is measured at the building or setback line, which is generally located where the building or structure is to be placed.

(2)

Where the lot is large enough in area to permit resubdivision at some future time under current regulations the minimum lot frontage shall be fifty (50) feet in order to permit a second lot or creation of a street.

(3)

Where flag lots as herein defined are to be used with extended accessways, width of accessways to streets shall not at any point be less than minimum required lot frontage and maximum length of accessways shall be twelve hundred (1,200) feet. Accessways to bodies of water shall not be less than ten (10) feet in width. The area of extended accessways shall not be included in the measurement of required minimum lot area.

(4)

In the A-1 agricultural district the number of adjacent and parallel accessways shall not exceed two (2) and the points of access to a public or private street or road of any group of two (2) adjacent accessways shall be separated from the points of access of any other group of two (2) adjacent accessways by at least three hundred (300) feet of lot, street, or road frontage unless such access points are located on an approved cul-de-sac.

(d)

Yards and open space generally.

(1)

Every part of a required yard shall be open to the sky, except as authorized by this article, and except ordinary projections of sills, belt courses, window air conditioning units, chimneys, cornices and ornamental features which may project to a distance not to exceed twenty-four (24) inches into a required yard.

(2)

More than one (1) main building may be located upon a lot or tract in the following instances:

a.

Institutional buildings.

b.

Public or semi-public buildings.

c.

Multiple-family dwellings or condominiums under approved site plans.

d.

Convalescent or nursing homes and homes for the aged.

e.

Commercial and industrial buildings under approved site plans.

The provisions of this exception shall not be construed to allow the location or erection of any building or portion of a building outside of the buildable area of the lot.

(3)

Where a lot is of such unusual configuration that none of the provisions of this chapter regarding yards and open spaces apply precisely, the administrator may use his discretion to apply an interpretation which most nearly meets the requirements of this chapter; and where by reason of difficult or unusual topography an improved building site may be achieved by a minor modification of yard space requirements (up to 1.5 feet) such modification may be approved by the administrator; provided, however, that this section does not give the administrator any power to grant exceptions or variances reserved to the board of zoning appeals under article XVII.

(e)

Front yards.

(1)

Where an official line has been established by an officially adopted detailed plan on file with the administrator for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

(2)

On through lots or waterfront lots, the required front yard shall be provided on each street or waterfront. For the purpose of placing accessory buildings, the waterfront side shall be considered a front yard.

(3)

Open, unenclosed porches, platforms, or paved terraces, not covered by a roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into the front yard not more than six (6) feet.

(4)

Where the street frontage in a block, or within four hundred (400) feet of the lot in question, is partially built up, the minimum front yard for a new building shall be the average of the existing front yards on either side thereof in the same block with a variation of five (5) feet permitted; provided, however, that except as provided in development standards for specific uses, no front yard in a residential district shall be less than ten (10) feet or need to be more than fifty (50) feet under this provision. Where forty (40) percent or more of the street frontage is improved with buildings that have no front yard, no front yard shall be required for the remainder of the street frontage.

(f)

Side yards.

(1)

Open, unenclosed porches, platforms, or paved terraces, not covered by roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into the side yard not more than six (6) feet.

(2)

For the purpose of the side yard regulations, a group of office, business or industrial buildings separated by common or party walls shall be considered as one (1) building occupying one (1) lot.

(g)

Rear yards. Open or lattice-enclosed fire escapes, outside stairways and balconies and the ordinary projections of chimneys and flues may project into the required rear yard for a distance of not more than five (5) feet, but only where the same are so placed as not to obstruct light and ventilation.

(h)

Accessory buildings and structures.

(1)

Except as herein provided, no accessory building shall project beyond a required yard line along any street.

(2)

Filling station pumps and pump islands, with or without a canopy, may occupy the required yards; provided, however, that they are not less than ten (10) feet from street lines.

(3)

Telephone booths or talk-from-car stations, gate houses and guard stations for identification of visitors may be located in any yard. Bus shelters may be located in any yard but not in a corner visibility area.

(4)

Except as provided in development standards for particular uses, an ornamental fence or wall not more than three and one-half (3½) feet in height may project into or enclose any required front or side yard to a depth from the street or road line equal to the required depth of the front yard. Ornamental fences or walls may project into or enclose other required yards provided such fences and walls do not exceed a height of seven (7) feet. This provision shall not be interpreted to prohibit the erection of an open mesh type fence enclosing any school or playground, public building site, utility site or agricultural, business, industrial or construction activity for security purposes.

(5)

Accessory swimming pools, open and unenclosed, may occupy a required rear or side yard, provided they are not located closer than six (6) feet to a rear lot line or ten (10) feet to an interior side lot line. A walk space at least three (3) feet wide shall be provided between pool walls and protective fences or barrier walls.

(6)

Accessory buildings which are not a part of the main building, although they may be connected by an open breezeway, may be constructed in a rear yard, provided such accessory building does not occupy more than thirty (30) percent of the area of the required rear yard and provided it is not located closer than five (5) feet to any lot line. These requirements do not apply to a structure defined as an accessory dwelling unit (ADU).

(7)

Satellite dish antennas or receiving stations and similar devices are deemed to be accessory structures and shall not be located in front or side yards in a residential or business district and in a residential district shall not exceed a height of twenty-five (25) feet. In a residential district no such dish structure greater than two (2) feet in diameter shall be mounted on the roof of a building so as to be visible from the street on which a building fronts.

(8)

An accessory dwelling unit (ADU) shall only be constructed as an accessory use in conjunction with an existing detached single-family dwelling as defined herein and designated as the primary residential use of a property. It shall be located on the same tax parcel as the single-family dwelling designated as the principal structure, must be located no closer to any abutting right-of-way than the principal structure, and must meet the required setbacks of the principal structure. The ADU is limited in area to no more than fifty (50) percent of the area of the principal structure but in no instance shall be larger than one thousand (1,000) square feet, and shall be occupied by no more than four (4) persons. Both the principal structure and the ADU must be structures that meet the requirements of the Uniform Statewide Building Code and neither the principal structure nor the ADU shall be manufactured homes as defined herein. The property owner must have as their primary residence either the principal structure or the ADU, and said requirement shall be noted on a recorded plat submitted in conjunction with the building permit application for the ADU. Only one (1) ADU shall be permitted per residential principal structure, and only one (1) ADU shall be permitted per tax parcel.

(Ord. of 6-18-90, § 19-14.4; Ord. of 12-19-05(2); Ord. of 7-22-19, § 1)

State Law reference— Condominium Act, Code of Virginia, § 55-79.39 et seq.

(a)

Averaging and clustering permitted. Averaging of lot areas for detached single-family dwellings or clustering of lots and provision of public or private common open space in a subdivision are permitted in the A-2 agricultural and R-1 and R-2 residential districts by the terms of this chapter. Average lot area in a subdivision and minimum area and dimensions for any lot are specified herein. Use of a design which incorporates averaging or which includes common open space shall be at the option of the owner or his agent. These design alternatives are intended to encourage permanent reservation of open space and an efficient and improved use of the land to provide good building sites by taking advantage of topography and minimizing grading or destruction of natural vegetation. Plans shall not be approved where the clear purpose of the design is to subvert the purposes of these regulations by inclusion of excessively unbalanced distribution of land among lots or inclusion of open spaces which are inappropriately located or which will not contribute to the future amenity of the subdivision.

(b)

Procedures, site plan required. A preliminary site plan complying with the requirements of article XX and the rules of the planning commission adopted thereunder shall accompany an application for averaging lot areas or a permitted cluster subdivision under this section. Procedures for review and decision shall be those specified for administrative site plan review under article XX. In addition, the proposed development shall follow all applicable procedures, standards, and requirements governing the subdivision of land.

(c)

Minimum project area. The minimum area of the subdivision shall be sufficient to accommodate at least five (5) lots of minimum average area.

(d)

Resubdivision. No resubdivision or sale by any means shall be permitted in a subdivision approved under this section, which resubdivision or sale would in any way create a violation of this chapter.

(e)

Floodplain and water areas. No more than thirty (30) percent of the required minimum area of any lot shall be located in a floodplain area and no part of the area of any lot shall be covered by any body of water except that no more than thirty (30) percent of the required minimum area of any lot may be covered by the waters of a lake, pond or canal planned and approved as a part of and wholly within the subdivision.

(f)

Reduction of lot area, lot width and yard areas permitted. Where proposed building site outlines are shown on an application for averaging lot area or cluster subdivision, the minimum lot area, lot width, lot depth, and yard dimensions shall be as follows provided that public water and sewer service are utilized in the R-1 and R-2 residential districts:

Minimum lot size is subject to health department approval where either public water or public sewers are not provided.

(g)

Compatibility with developed properties. An average lot area or cluster subdivision shall be designed to promote harmonious relationships with surrounding adjacent and nearby developed properties and to this end may employ such design techniques as may be appropriate to a particular case, including coordination of yard dimensions, location of lots of various sizes, location of buildings with respect to project boundary lines, location of open spaces and maintenance of vegetation.

(h)

Public facilities and open spaces. Land or easements for public facilities or open space shall be dedicated, conveyed or granted in accordance with the requirements of this article and laws and ordinances governing the subdivision of land.

(i)

Maintenance of common ownership properties. Provision shall be made for the designation, ownership, and maintenance of common ownership properties in accordance with the requirements of article XX.

(j)

Preservation of landscape amenities. The preservation of natural vegetation, particularly mature trees, on steep slopes, along watercourses and in stream valleys, should be recognized as a primary design consideration in review and approval of an application under this section. Failure to exercise due care in maintenance of landscape amenities in accordance with approved plans shall be considered a violation of this chapter.

(Ord. of 6-18-90, § 19-14.5; Ord. of 12-19-05(2))

Cross reference— Subdivisions, Ch. 14.

(a)

The planning commission shall determine whether there exist any areas which would be involved under Federal Aviation Administration's criteria for determining obstruction to air navigation. If there are, they shall be marked on a copy of a zoning map in the office of the administrator. It shall be available to the public for examination.

(b)

The administrator shall prepare such height and other regulations governing the construction of buildings within such areas. They are to be consistent with the Federal Aviation Administration's recommendations. Following approval by the board of supervisors, the administrator shall enforce these regulations.

(c)

Places of public assembly such as schools, churches, hospitals, apartment houses, theaters and assembly halls shall not be erected or otherwise located in any area which would be classified as an approach zone. This zone includes an area of eleven thousand (11,000) feet from the end of any runway. The approach zone for airports accommodating heavy jet aircraft extends out three and one-half (3½) miles from the end of the runway.

(Ord. of 6-18-90, § 19-14.6)

(a)

Wireless telecommunication facility definitions. For the purpose of this section, certain terms and words pertaining to telecommunication facilities are hereby defined. The general rules of construction contained in article I are applicable to these definitions.

Abandonment: Any component of a wireless telecommunication facility (e.g., antenna support structure, antenna, transmission cable, equipment shelter, etc.) is deemed abandoned when not utilized for the provision of wireless service for a period of twelve (12) consecutive months.

Above ground level (AGL): The distance measured from finished grade at the base of a structure to the highest point or an object on the structure.

Antenna: Any exterior electronic device used for the transmission or reception of radio frequency signals designed for telephonic, radio, satellite or television communications.

Antenna support structure: Any structure designed for the primary purpose of supporting one or more antennas including, but not limited to, self-supporting lattice towers, guyed towers and monopoles.

Applicant: Any entity requesting approval to construct/install wireless telecommunication facilities through the county's permitting process.

Balloon test: A technique utilizing a balloon to demonstrate the height above ground level of a proposed antenna support structure.

Co-location: The shared use of an antenna support structure by two (2) or more wireless service providers or other entities operating antennas.

Electrical engineer: An individual or firm licensed by the Commonwealth of Virginia to practice electrical engineering.

Entity: Any natural person, firm, partnership, association, corporation, company or other legal entity, private or public, whether for profit or not for profit.

Existing facility: Any existing or proposed wireless telecommunication facility for which a valid County permit has been issued.

Fall zone: An area within a radius equal to one hundred ten (100) percent of the height of the antenna support structure within which there is a potential hazard from falling debris or collapsing material. A fall zone is distinct from a setback.

Federal Aviation Administration (FAA): An agency of the federal government that regulates all activities affecting air navigation.

Federal Communications Commission (FCC): An agency of the federal government that regulates all intrastate, interstate and international wire, wireless, satellite and cable communications.

Mini/micro cell: An antenna support structure not exceeding eighty (80) feet in height.

Mitigate: To reduce or eliminate adverse impacts.

Property owner: Any entity with fee simple title to any parcel of land within the county.

Secondary support structure: Any structure designed primarily for other purposes that can be utilized to support antennas including, but not limited to, buildings, power transmission towers, church steeples, light poles, water storage tanks, smoke stacks and silos.

Stealth technique: Any technique designed to conceal or disguise wireless telecommunication facilities, structural engineer. An individual or firm licensed by the Commonwealth of Virginia to practice structural engineering.

Tower developer: Any entity that develops structures for the purpose of leasing space to entities operating antennas.

Wireless service provider: Any entity providing commercial mobile radio services.

Wireless telecommunication facility: All infrastructure and equipment including, but not limited to, antenna support structures, antennas, transmission cables, equipment shelters, equipment cabinets, utility pedestals, ground systems, fencing, signage and other ancillary equipment associated with the transmission or reception of radio frequencies.

(b)

Excluded uses. The following uses are not subject to the ordinance regulating wireless telecommunication facilities:

(1)

Amateur radio. Amateur radio operations are regulated to the extent that their regulation is consistent with § 15.2-2293.1 of the Code of Virginia.

(2)

Television reception antennas. Television reception antennas that are less than thirty-five (35) feet above ground level (AGL) and used exclusively for non-commercial purposes.

(3)

Satellite earth station antennas. Ground-mounted satellite earth station antennas that are less than or equal to ten (10) feet AGL, less than or equal to six (6) feet in diameter and used exclusively for non-commercial purposes.

(4)

Public safety/service radio. County owned or operated wireless telecommunication facilities are exempt from the requirements of this article but are expected to adhere, to the extent reasonably possible, to the goals described herein.

(c)

Applications requiring conditional use permit. Except as provided below, all wireless telecommunication facilities require a conditional use permit obtained in accordance with the provisions of this section. An administrative review process as set forth will be required for applications not requiring a conditional use permit.

A conditional use permit shall not be required for:

(1)

The placement of antennas and equipment on an existing antenna support structure provided it does not result in an increase in the overall height of the structure.

(2)

The placement of antennas and equipment on a secondary support structure provided it does not result in an increase in the overall height of the structure of more than fifteen (15) feet.

(3)

The replacement in-kind of an existing antenna support structure provided it does not result in an increase in the overall height of the structure.

(d)

Administrative review process. Applications not requiring a conditional use permit shall be submitted to the director of planning for review. The director of planning shall approve all applications that meet the minimum requirements. The director of planning retains the authority to request changes to the application as a condition of approval.

The following information shall be supplied as a minimum requirement for application not requiring a conditional use permit:

(1)

Scaled drawings, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning the structure, equipment, utilities, grounding, topography, setbacks, drives, parking, fencing, landscaping, adjacent uses and other information deemed necessary to assess the proposal.

(2)

FAA Air Navigation Hazard Determination report for any proposed installation resulting in an increase in the overall height of the structure. A consultant study will not be accepted as a substitute to this requirement.

(3)

A statement from an electrical engineer attesting that the cumulative effect of all existing and proposed antennas will not result in a ground level exposure of non-ionizing electromagnetic radiation (NIER) that exceeds the lowest applicable exposure standards established by the FCC.

(4)

A statement from a structural engineer attesting that the structural capacity is sufficient to support the proposed loading in accordance with the latest revision of ANSI EIA/TIA-222.

(e)

Conditional use permit review process. Applications requiring a conditional use permit require approval by the board of supervisors in order to permit construction. The following information shall be supplied as a minimum requirement for application not requiring a conditional use permit:

(1)

Scaled drawings, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning the structure, equipment, utilities, grounding, topography, setbacks, drives, parking, fencing, landscaping, adjacent uses and other information deemed necessary to assess the proposal.

(2)

Photographs of the site from a minimum of five (5) points surrounding the site as designated by the director of planning or his/her designee that include a simulated photographic image to scale of the proposed wireless telecommunication facility. The photograph with the simulated image shall include the foreground, mid-ground and the background of the site. A map shall be provided indicating the location and distance from the point at which the photograph was taken to the proposed site.

(3)

A statement from an electrical engineer attesting that the cumulative effect of all existing and proposed antennas will not result in a ground level exposure of non-ionizing electromagnetic radiation (NIER) that exceeds the lowest applicable exposure standards established by the FCC.

(4)

An inventory of the existing wireless telecommunication facilities owned and/or operated by the applicant and other entities associated with the application that are located within the jurisdiction of Southampton County or within five (5) miles of the border thereof, including specific information about the location and height of each antenna and/or antenna support structure.

(5)

A radio frequency technician's statement that specifically describes the coverage area objective, the "hand-off" sites, equipment specifications, methodology, assumptions, constraints and other factors used in the design. The technician's statement shall be supported by propagation maps that include a legend referencing signal strength. At a minimum, the following coverage maps shall be presented:

a.

Existing network coverage (minimum ten-mile radius surrounding the proposed site).

b.

Proposed coverage from the proposed site.

c.

Composite network coverage (existing and proposed coverage).

d.

Composite network coverage (existing and proposed coverage) demonstrating the effect on coverage as the height of the proposed structure is reduced at twenty-foot increments to a minimum height of eighty (80) feet AGL.

(6)

Evidence demonstrating the inadequacy or unavailability of other structures within a three-mile radius of the proposed site. In assessing the adequacy of existing structures, the applicant should consider the use of one (1) or more existing structures or a combination of an existing structure and a new structure at a lower height than proposed as a means to achieve coverage objective.

(7)

An engineering report by a structural engineer describing the structure height, design, and capacity of the proposed antenna support structure including the number and type of antenna which could be accommodated in accordance with the requirements set forth in the latest revision to ANSI EIA/TIE 222.

(8)

Applicants proposing new structures shall include a statement regarding their co-location policy.

(9)

FAA Air Navigation Hazard Determination report. A consultant study will not be accepted as a substitute to this requirement.

(10)

FCC Environmental Compliance report identifying the impact on environmental resources, prepared in accordance with the National Environmental Policy Act of 1969 (NEPA).

(11)

Report describing the impact on historic resources prepared in accordance with Section 106 of the National Historic Preservation Act of 1966 (NHPA). This report should be accompanied by written comment by the State Historic Preservation Office (SHPO).

(12)

FCC license for each wireless service provider associated with the application.

(13)

A report prepared by a structural engineer certifying that the proposed structure is capable of supporting similar users, including the primary user, in accordance with the table below.

(f)

General standards. The maximum height above ground level (AGL) of a proposed wireless telecommunications facility support structure shall be determined through the conditional use permit process.

Should the owners of an existing wireless telecommunications facility support structure desire to increase the support structure height beyond that which was originally approved, the owners shall be required to apply for a new conditional use permit in accordance with the conditional use permit application process as set out herein and as amended from time to time.

Such application shall include, inter alia, proof that the increased setback, as required by a support structure of the requested increased height, shall be met in accordance with the provisions of section 18-427(f)(1).

(1)

The following setback requirements shall apply:

a.

All antenna support structures must be setback two hundred (200) percent of the height of the structure from the nearest residential structure, and in no case less than four hundred (400) feet.

b.

All antenna support structures shall be setback one hundred ten (110) percent of the height of the structure from all property lines.

c.

All wireless telecommunication facilities must satisfy the minimum zoning district setback requirements for primary structures.

(2)

Speculative structures are not permitted. Applications to construct new antenna support structures will not be considered unless evidence is presented of a legally binding commitment by at least one (1) wireless service provider agreeing to install and operate his equipment on the proposed structure upon its construction for a minimum period of one (1) year.

(3)

All antenna support structures shall be enclosed by security fencing not less than six (6) feet in height in height, equipped with an appropriate anti-climbing device.

(4)

The following requirements shall govern the landscaping surrounding wireless telecommunications facilities:

a.

Any combination of landscaped vegetative buffers, landscaped earthen berms or preservation of existing vegetation shall be provided around the perimeter of the site of any wireless telecommunication facility to effectively screen the view of the equipment compound from adjacent parcels. The standard buffer shall consist of a mix of native trees and shrubs planted in a landscaped area at least fifteen (15) feet wide outside the perimeter of the compound.

b.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases the board of supervisors may determine that the natural growth around the perimeter may be a sufficient buffer and waive the landscape requirements.

c.

All trees shall be preserved and protected during construction of wireless telecommunication facilities except where clearing is required to accommodate the proposed facilities and vehicular access.

d.

The wireless telecommunication facility owner is responsible for maintaining all landscape plant material in a healthy condition. Dead plants shall be removed and replaced in-kind.

(5)

The treatment, color and lighting system for wireless telecommunication facilities shall be as follows:

a.

Antenna support structures shall either maintain a galvanized steel finish, or subject to any applicable standards of the FAA be painted a neutral color so as to reduce visual obtrusiveness. Antennas shall be a neutral, non-reflective color with no logos.

b.

The design of the buildings and related structures shall to the extent possible use materials, colors, textures and screening that will blend the wireless telecommunication facility with the natural setting and the built environment.

c.

Antenna support structures shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the board of supervisors may review the lighting alternatives and approve the design in accordance with applicable requirements that would cause the least disturbance to the surrounding views.

(6)

Commercial advertising is not permitted on any component of the wireless telecommunication facility.

(7)

Wireless telecommunication facilities shall be designed and installed so as not to interfere with the county's public safety radio system or public safety radio systems operated in other jurisdictions. Any entity operating wireless facilities determined to interfere with the county's or another jurisdiction's public safety radio system shall take corrective action immediately upon notification.

(8)

All wireless telecommunication facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate their operation. If such standards and regulations are changed, then the owners of the facilities shall bring such facilities into compliance with such revised standards and regulations as required by law. Failure to comply shall constitute grounds for the removal of the facility at the owner's expense.

(9)

At such time that any component of the wireless telecommunication facility ceases to be operated for a continuous period of twelve (12) months, it shall be considered abandoned, and the owner of such facility shall remove same within ninety (90) days of receipt of notice from the department of planning of the removal requirement. The applicant shall post a bond equivalent to the cost of removal of the antenna support structure with the director of planning prior to issuance of a permit.

(10)

The owner of each antenna support structure shall have a safety inspection conducted annually by a registered professional engineer licensed by the Commonwealth of Virginia. A copy of the inspection report shall be filed annually in March with the department of planning. The report shall state the current user status of the antenna and/or support structure and the overall condition of the facility in accordance with the latest revision of ANSI EIA/TIA-222.

(11)

Any additional costs relating to additional reviews, errors, omissions, discrepancies, delays or extensions as the result of actions or requests by the applicant, shall be reimbursed by the applicant.

(12)

The owner of the antenna support structure shall provide the name and address of a contact person during the approval process and shall notify the department of planning in writing of any changes. The name and address of a registered agent for each lessee of tower space shall also be provided to the department of planning.

(g)

Technical review/fees. Applications for all wireless telecommunication facilities, whether tower or co-location shall require a technical review that will be conducted by consultant selected by the county. Any fees associated with performance of this review will be paid by the applicant.

(h)

Accordance with applicable regulations. This article shall be interpreted in accordance with all applicable federal, state and local statues, ordinances and regulations. In the event that a court of competent jurisdiction determines that a provision of this article is invalid, the remaining provisions of this article shall be interpreted as if such unenforceable provisions(s) were not included.

(Ord. of 9-23-02(2); Ord. of 2-24-14(2))

Following approval of any conditional use permit by the board of supervisors pursuant to the provisions of this chapter, the owner of any land to be used as a cemetery which is not accessory to a church shall file in the office of the Clerk of the Circuit Court of Southampton County a deed restriction and plat acknowledging the location, size, ownership and perpetual care of said cemetery. For any cemetery not contiguous to a public highway, access shall be provided with a minimum fifteen (15) foot recorded ingress-egress easement.

(Ord. of 4-28-03(2))

State Law reference— Authority for above section, Code of Virginia, § 15.2-2280.

Horses for private, non-commercial use shall only be held on properties in the A-1 and A-2, agricultural, zoning districts as a permitted use; in the R-1, Residential and RR, Rural Residential zoning districts as permitted only upon issuance of a conditional use permit.

Minimum lot size and setbacks—The minimum lot size for the keeping of horses for private use shall be two (2) acres, of which one (1) acre shall be considered for the residence, and an one (1) acre of fenced pasture for the first horse and one (1) additional acre of fenced pasture for each additional horse.

(Ord. of 1-23-17(2), eff. 1-23-17)

In order to enhance the general appearance and design of developments which are of prime importance to Southampton County and its citizens, it is necessary to set forth standards for overall landscape design, preservation of existing vegetation, and installation of new landscaping. It is the purpose of this article:

To preserve and enhance the rural landscape of Southampton County by preservation of existing trees;

To provide standards that will enhance the appearance of developments and roadways, while allowing for individually and creativity in design;

To contribute to wildlife habitat and to promote good air quality, groundwater recharge, and energy conservation, while reducing noise, glare, and excessive heat;

To preserve and improve property values through preservation of open space, protection of existing vegetation, provision of buffers between incompatible uses and along roadways, and encouragement of planting of new vegetation where appropriate;

To preserve and enhance the ecological and aesthetic value of property by requiring the installation of tree canopy and other vegetation;

To realize the economic and environmental value gained by preservation of existing vegetation and undisturbed soils;

To promote water conservation through preservation of natural areas, encouragement of good soil management, and encouragement of the use of native and/or drought tolerant plant materials; and

To preserve topsoil by minimizing slopes and to prevent an increase in stormwater runoff from sites subject to this article.

(Ord. of 2-27-24)

The requirements of this article shall apply to all real property, public and private, located within unincorporated Southampton County for which site plan approval is required pursuant to Article XX of this chapter except the following:

(1)

Renovation or repairs of an existing structure or building or additions thereto which result in an expansion of less than fifty (50) percent of the square footage of the same;

(2)

Changes of use of structure or building in the same land use classification or to a lower classification;

(3)

Utility scale solar developments as regulated by Section 18-630.A of the Southampton County Code;

(4)

Property developed under Article XA, of the Southampton County Code, Planned Office and Industrial District;

(5)

One- and two-family dwellings.

(Ord. of 2-27-24)

Landscape plans shall be submitted as part of the site plan submitted under Article XX of this chapter. The plans may be prepared by the applicant, a landscape architect, a civil engineer, and landscape company or a landscape designer, and must meet the requirements of this section.

(1)

All existing uses adjacent to the site, excluding properties across public streets, including the locations and sizes of street yards, buffer yards, vehicular use areas, display areas, service areas, loading areas and any residential densities shall be indicated on the landscape plans.

(2)

For vacant properties adjacent to the site, the highest classification of permitted use as set forth in this section and allowed in the zoning district in which it is located shall be used to determine buffer specification.

(3)

Existing natural healthy trees, which are to be preserved and used for credit toward satisfaction of the requirements of this section, shall be clearly labeled on the landscape plan, and their species, height, and caliper at one (1) foot above grade shall be indicated on the plans. All trees to be used for credit must be 1.75 inches in caliper as measured above to be used for credit. Methods for protecting existing trees from damage during construction shall be shown on the landscape plans.

(4)

It is the responsibility of the owner to maintain existing trees used for credit as set forth above and approved new plant materials alive and in good health. All newly installed plant materials shall be of certified nursery stock and conform to the latest edition of ANSI Z60.1-1996, American Standard for Nursery Stock, and any subsequently adopted additions, or other locally appropriate reference materials as determined by the zoning administrator. Dead or missing plant materials which are a required part of an approved landscape plan must be replaced within six (6) months of notice by the zoning administrator or environmental manager. Newly installed plant material shall be of locally adapted species or native species and conform to the planting standards as established.

(5)

Nothing except turf shall be planted on grade where there is an underground or overhead easement without written consent of the easement holder.

(6)

Notwithstanding the requirements set forth above with respect to plantings, no plantings shall be installed that will impair the vision of motor vehicle operators at points where access driveways intersect public rights-of-way in keeping with sight distance triangle requirements of the Virginia Department of Transportation.

(7)

Pruning of trees. Care should be taken that trees are not topped or excessively pruned. Should excessive pruning result in trees deviating from their natural pattern of growth as determined by the zoning administrator, the owner shall replace such trees within six (6) months of notice from the zoning administrator.

(Ord. of 2-27-24)

The intent of this section is to provide standards for the installation of a visual and vegetative separation between incompatible or different uses and to promote, where feasible, the preservation of existing vegetation rather than the removal of existing vegetation and installation of new materials in required buffer areas.

Buffer areas shall meet the minimum requirements of this section by any combination of the following:

(1)

Allowing natural vegetation to remain;

(2)

Removing dead, diseased or unsightly vegetation; and/or

(3)

Installing supplemental plantings.

Driveways are permitted in buffer areas and should intersect with public streets as near to a ninety (90) degree angle as is practical given the shape and topography of the property. Limited grading in buffer areas may be permitted.

Unless an alternative location is approved by the zoning administrator, all required buffer areas shall be located generally parallel to the perimeter of any lot but should stop at the front yard setback line. All required buffer areas shall be clearly labeled and dimensioned on the landscape plans.

(Ord. of 2-27-24)

(1)

Buffer plantings shall be based on the land use classifications of proposed and adjacent areas. Such classifications are set forth in this section.

(2)

New developments shall provide buffer areas to separate the proposed use from the adjacent use(s) with the type of planting set forth below, whether by preservation of existing vegetation, installation of new plantings, or a combination thereof.

(3)

If the proposed development is adjacent to improved property, the entire buffer requirements shall be met on the property of the proposed development.

(4)

If the proposed development is adjacent to unimproved property or property in agricultural or forestal use, one-half (½) of the buffer requirements shall be met on the property of the proposed development.

Class 1

1.

Low density residential use equal to or less than four (4) units per acre, public parks not including illuminated ballfields, resource conservation areas, greenways, recorded permanent open space, farms and similar low density uses as determined by the zoning administrator.

2.

Accessory uses serving the uses listed in this class.

Class 2

1.

Medium density residential uses five (5) to twelve (12) units per acre.

2.

Professional and other business offices, studios, agencies and laboratories, with no drive-in services or automated teller machines.

3.

Physician, clinic, and dental offices for humans.

4.

Civic clubs, housing for fraternal organizations.

5.

Bed and breakfast establishments.

6.

Rooming houses.

7.

Funeral homes, cemeteries, grave sites.

8.

Television, CATV, and radio broadcasting and transmission facilities.

9.

Fire stations and facilities housing emergency service vehicles, law enforcement precinct, and supporting training facilities.

10.

Houses of worship and accessory uses thereto.

11.

Public and private schools, secondary and elementary schools, but not stadiums thereto.

12.

Golf courses other than driving ranges and miniature golf.

13.

Child and adult day care facilities, assisted living/care facilities, nursing homes, convalescent care facilities.

14.

Beauty and barber shops, tanning/nail salons, similar personal services.

15.

Accessory uses serving the uses listed in this class.

16.

Similar medium density uses as determined by the zoning administrator.

Class 3

1.

High density residential use of more than twelve (12) units per acre, including multi-family structures and townhouses.

2.

Retail sales and services, commercial uses, sales and service of equipment.

3.

Car washes.

4.

Veterinary clinics, dog day care facilities, dog grooming facilities.

5.

Eating establishments, food stores, uses with any drive-in service, automated teller machines, or both.

6.

Hotels, motels, campgrounds.

7.

Colleges, universities, technical and specialty schools, vocational schools, instructional facilities, libraries, galleries, museums.

8.

Hospitals and asylums.

9.

Outdoor stadiums and illuminated ballfields, theaters, racetracks, coliseums or civic centers of less than two hundred fifty (250) seats, indoor movie theaters.

10.

Plant nurseries and commercial greenhouses.

11.

Laundry or dry cleaning establishments.

12.

Accessory uses serving the uses listed in this class.

13.

Similar high density uses as determined by the zoning administrator.

Class 4

1.

Industrial and manufacturing uses, including processing of materials, bulk products, fabricating, manufacturing, mixing, printing, assembly, cutting or repairing of articles, products for handling or distribution of materials, articles, or products.

2.

Mini-warehouse storage facilities, warehousing and distribution centers, or storing indoors or outdoors as a primary use, wholesaling, contractors storage yard, coal or lumber yard, scrap yard.

3.

Grain buying or processing facility.

4.

Adult establishments.

5.

Transportation facilities, terminals, depots, storage of cars, trains, trucks, buses and other vehicles.

6.

Storage of bulk quantities, above or below ground, of flammable or combustible liquids and hazardous chemicals, but not storage at gasoline service stations in quantities for retail sales to the general public nor storage for consumption on the premises.

7.

Airfields, landing strips, heliports, railroad freight and passenger stations.

8.

Utility power, treatment, or gas plants, incinerators, storage terminals, water towers and tanks not located on a roof.

9.

Temporary or permanent outdoor storage of vehicles, including wrecked, dismantled or partially dismantled vehicles, manufactured and mobile homes, travel trailers, boats, aircraft, farm machinery, automobiles, buses, trucks and motorcycles as the primary use (such as a parking garage, dealer, parking rental lot, park and ride lot), or vehicles in excess of eight (8) used in the operation of a business or service (such as motor pool and fleet vehicles).

10.

Truck stop, truck terminal.

11.

Crematories not accessory to a funeral home on the same property.

12.

Convenience stores with fueling stations.

13.

The raising of, the processing of, or the slaughter of animals, but not pasture land.

14.

Intensive agriculture or livestock operations as defined by zoning ordinance.

15.

Landfills, indoor or outdoor reclamation facility, storage of recyclable material, and unlicensed, uninspected, wrecked, crushed, dismantled or partially dismantled vehicles.

16.

Quarry and mining operations.

17.

Outdoor stadiums, racetracks, event facilities, theaters and coliseums or civic centers of two hundred fifty (250) or more seats, and outdoor movie theaters.

18.

Penal and correctional institutions.

19.

Recreational outdoor use - commercial (excluding golf courses), including membership and non-membership facilities, but not including recreational uses related to and serving residential uses.

20.

Shopping centers, shopping areas, automotive service and repair facilities.

21.

Outdoor storage for any of the operations listed above.

22.

Outdoor or indoor rifle/pistol/skeet ranges.

23.

Kennels and canine training facilities.

24.

Accessory uses serving the uses listed above.

25.

Similar high impact/industrial/manufacturing uses as determined by the zoning administrator.

(Ord. of 2-27-24)

The following buffer plantings shall be required for every one hundred (100) lineal feet of buffer length:

(1)

For buffer between Class 1 and Class 2 uses: twenty-five (25) shrubs.

(2)

For buffer between Class 1 and Class 3 uses: forty (40) shrubs.

(3)

For buffer between Class 1 and Class 4 uses: fifty-five (55) shrubs.

(4)

For buffer between Class 2 and Class 3 uses: twenty-five (25) shrubs

(5)

For buffer between Class 2 and Class 4 uses: forty (40) shrubs.

(6)

No buffer required between uses of the same Class (i.e., Class 1 to Class 1, Class 2 to Class 2, etc.).

(7)

No buffer required between Class 3 and Class 4 uses.

Additional buffer planting shall be required on a prorated basis for every additional twenty (20) lineal feet of buffer length. Buffer width must be suitable to provide for sustained growth and health of vegetation.

(Ord. of 2-27-24)

Evergreen shrubs planted to meet the requirements of this section shall be planted at a minimum of twenty-four (24) inches in height at time of planting and shall achieve a minimum height of five (5) feet within five (5) years of planting. Shrubs planted on berms may have a lesser mature height but the combination of shrub height and berm height shall be at least equivalent to the minimum height required. No shrubs shall be planted further than six (6) feet from another shrub on center and shall be at least six (6) feet from existing trees. Developers are encouraged to leave existing, attractive, healthy trees in the buffer area.

(Ord. of 2-27-24)

The intent of this section is to ensure attractive views of vehicular use areas such as parking lots, driveways, loading and service areas, utility service areas and utility devices from streets and adjacent properties by screening such areas from adjacent properties and public rights-of-way; by moderating temperatures of impervious areas, by abating glare from parking lots or service areas and by helping to filter vehicular exhaust. This section specifies minimum requirements and design standards while allowing flexibility in design.

Vehicular use areas are areas in which motor vehicles are either stored or driven, including private access driveways, parking lots containing more than five (5) spaces, vehicular display lots (vehicles for sale, rent, or lease), loading and service areas, utility service areas and utility devices, including, but not limited to, electrical substations, electrical transformers, and pumping stations. Portions of interior vehicular use drives with no parking spaces on either side or used exclusively as access to loading and service areas are excluded from this definition. Where vehicular use areas are located adjacent to required buffer areas, the required buffer area landscaping as set forth in the above section counts toward satisfying the planting requirements for the vehicular use area.

(Ord. of 2-27-24)

(1)

All parking lots must have one (1) canopy tree at least eight (8) feet in height and 1.75 to two (2) inches in caliper measured one (1) foot above grade when planted with an expected mature height of thirty-five (35) feet or more within sixty (60) feet of each parking space or two (2) small trees and/or large tree form shrubs instead of one (1) canopy tree, if overhead utility lines will impair the canopy tree's growth to maturity, the midpoint between said trees being within sixty (60) feet of each parking space.

(2)

Existing trees. Existing healthy canopy trees, meeting the size requirements set forth above may be counted toward the requirements of this section, provided that tree protection methods are installed at least six (6) feet from the trunks of existing trees or groups of trees to be retained and maintained in a healthy growing condition before, during, and after development of the site.

(3)

Landscape areas for parking lots may be provided in islands located at the ends of rows of parking spaces, in medians located between rows of parking bays, or adjacent to and within ten (10) feet of the perimeter of the parking lot.

(4)

All planting medians and islands in parking lots shall be at least seven (7) feet wide, measured from the back of each curb, and must contain at least 300 square feet for each canopy tree or two (2) small substitute trees. Median planting strips between rows of parking bays are encouraged, rather than small, one-tree islands. If medians are used, the distance of parking spaces from the trunk of a canopy tree or two (2) small substitute trees may be increased to seventy (70) feet as long as the trees planted in the medians are spaced no more than fifty (50) feet on center.

(5)

All parking lots within twenty (20) feet of a street or adjacent property will be screened from the right-of-way and adjacent properties by evergreen plantings that will attain a height of at least three (3) feet within three (3) years, planted no more than six (6) lineal feet apart.

(6)

Opaque fences or walls, at least six (6) feet in height and architecturally compatible with the principal on-site building in construction and color may be substituted for a maximum of fifty (50) percent of the required shrubs to screen parking lots from adjacent properties.

(7)

Berms may be installed within the area between parking lots and rights-of way with a minimum height of 1.5 feet, minimum crown width of two (2) feet, and side slopes no greater than 3:1 ratio. Berms shall be planted with shrubs which may be lower than eighteen (18) inches in height when installed, but berms and shrubs must achieve a minimum combined height of three (3) feet in three (3) years.

(8)

All parking lots shall provide landscaped areas equivalent to at least eight (8) percent of the paved area of the parking lot.

(Ord. of 2-27-24)

All loading and service areas, including trash collection areas or dumpster refuse containers, when not screened from off-site view by an intervening building or other structure, shall be screened from adjacent properties and streets by evergreen plant materials which will reach a height of six (6) feet or greater within three (3) years of installation or by opaque walls or fences at least six (6) feet in height and architecturally compatible with the principal on-site building in construction and color.

(Ord. of 2-27-24)

Any utility service area or utility device located within twenty (20) feet of a public right-of-way and more than thirty-six (36) inches in height shall be screened from the public right-of-way, which screening may not intrude into the public right-of-way. Screening shall be by evergreen plantings a minimum of eighteen (18) inches in height when installed and reaching a mature height and width equal to or greater than the utility service area or utility device, including, but not limited to, electrical substations, electrical transformers and pumping stations to be screened. Screening shall be accomplished in such a manner as to allow safe operation and access to the area or device.

(Ord. of 2-27-24)

If a parking structure is visible from a public right-of-way or adjacent property, one (1) deciduous or evergreen canopy tree at least eight (8) feet in height and 1.75 to two (2) inches in caliper one (1) foot above grade when planted with an expected mature height of thirty-five (35) feet or more or two (2) deciduous or evergreen substitute trees for every twenty-five (25) linear feet of the structure shall be planted between the structure and the adjacent property or street.

(Ord. of 2-27-24)

Where vehicular display lots are located within twenty (20) feet of a public right-of-way, one (1) canopy tree at least eight (8) feet in height and 1.75 to two (2) inches in caliper measured one (1) foot above grade when planted with an expected mature height of thirty-five (35) feet or more per fifty (50) linear feet and one (1) evergreen shrub for every six (6) lineal feet of street frontage shall be installed. Trees and shrubs may be grouped together to enhance design elements.

(Ord. of 2-27-24)

This section is intended to establish a landscape area adjacent and parallel to any public street right-of-way. This street yard shall be planted with live, healthy trees to provide a pleasing appearance, a reduction in impervious areas, a reduction in stormwater, improvements in air quality, and increased shaded areas.

Street yard design standards

(1)

Street yards shall be landscaped with live vegetation and maintained by the property owner. Such landscaping may be used to help satisfy the requirements for buffer areas and vehicular use area landscaping.

(2)

Access driveways shall cross the street yard as near to a 90-degree angle as practical given the shape and topography of the property. No other impervious surfaces may be used in calculating the street yard area requirements.

(3)

Street yards shall contain at least one (1) canopy tree for each fifty (50) linear feet of street yard or fraction thereof for the entire frontage of the site. The trees may be grouped together to enhance the appearance of the site and enhance the design of the landscaping, but no trees shall be installed closer than ten (10) feet on center. No more than twenty-five (25) percent of the required trees shall be evergreen.

(4)

Trees shall be a minimum of 1.75 to two (2) inches in caliper measure one (1) foot above grade and a minimum of eight (8) feet in height at installation and will achieve a minimum height of thirty-five (35) feet at maturity unless the canopy of a tree will be impaired by utility lines, in which case two (2) small trees may be substituted therefor.

(5)

Existing trees may be used to satisfy the requirements for street yard planting, provided those trees meet the size requirements above and are maintained in a healthy growing condition before, during, and after development of the site.

(6)

All new developments shall provide a street yard that averages at least ten (10) feet in width and is no less than six (6) feet in width at any point along its street frontage as measured perpendicularly to the public right-of-way. The minimum area of the street yard in square feet shall be equal to the length of the property along the public right-of-way in linear feet times ten (10). Street yards in excess of twenty (20) feet in width shall not be calculated in determining the minimum area. Access drives are excluded in calculating the length of the street yard.

(Ord. of 2-27-24)

The zoning administrator shall interpret the requirements of this article and may allow modification of the requirements for buffer areas, vehicular use areas, and street yard in keeping with the purpose and intent of this section under the following circumstances:

(1)

The site is exceptionally narrow or shallow, has an odd size, shape, or topography or is otherwise unusual in physical dimension.

(2)

There exists a unique relationship to adjacent properties or properties in the general vicinity.

(3)

The transfer of right-of-way to the Virginia Department of Transportation for proposed or future widening severely limits the size and use of the property.

(Ord. of 2-27-24)