This district is intended to provide for limited and low-density residential development within agricultural areas (as defined by the Comprehensive Plan) while being protective of the county's rural character and preserving open space and productive farm and timberlands. In accordance with the Comprehensive Plan, residential development in the RR District will utilize either of three (3) options in designing residential subdivisions: Timed Approach Development, Sliding Scale Development or Cluster Development with density bonus. Selection of one of the three options commits the parent property to that option with regards to future development rights. A pre-application meeting with county staff is required to fully explain the development options to the applicant. In addition, residential development that occurs in these areas is encouraged to locate in the woodland areas and the least productive agricultural land where the conflicts between the residential uses and the farm uses can be minimized.

(Ord. of 12-19-05(2))

All proposed residential subdivisions* in areas designated for agricultural activities by the comprehensive plan, other than those expressly exempted in the Southampton County Subdivision Ordinance, shall require a rezoning classification to the rural residential zoning classification prior to final approval of the subdivision plat by the subdivision agent. (*Subdivision: The division or re-subdivision of a lot, tract, or parcel of land by any means into two (2) or more lots, tracts, or parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development and as further defined in the Southampton County Subdivision Ordinance.)

(Ord. of 12-19-05(2))

In a Rural Residential District, RR, structures to be erected or land to be used shall be for one (1) or more of the following uses:

(1)

Detached single-family dwellings.

(2)

Modular homes, as herein defined.

(3)

Bed and breakfast inn, with a conditional use permit.

(4)

Churches and Sunday schools, rectories, parish houses, convents and monasteries, temples and synagogues and cemeteries accessory thereto.

(5)

Cemeteries not accessory to a church with a conditional use permit.

(6)

Convalescent homes, nursing homes or homes for the aged, and family care homes, with a conditional use permit.

(7)

Facilities and structures necessary for rendering public utility service, including poles, wires, transformers, telephone booths and the like for electrical power distribution or communication service, and underground pipelines or conduits for electrical, gas, sewer, or water service, but not including buildings, treatment plants, water storage tanks, pumping or regulator stations, major transmission lines, storage yards and substations which are permitted with a conditional use permit.

(8)

Home occupations, rural, as defined in section 18-1 with a conditional use permit.

(9)

Hospital or clinic for humans with a conditional use permit.

(10)

Housing or dormitory facilities associated with schools, churches, and recognized nonprofit organizations, with a conditional use permit.

(11)

Nursery schools, kindergartens, child care centers, day nursery or child day care centers with a conditional use permit.

(12)

Private schools, colleges or universities with a conditional use permit.

(13)

Public or governmental buildings and uses, including schools, fire stations (volunteer or otherwise), parks, parkways, playgrounds and public boat landings except those which have been approved as a part of the subdivision plan, with a conditional use permit.

(14)

Radio or television transmission or receiving station or tower less than one hundred twenty-five (125) feet in height; tower more than one hundred twenty-five (125) feet in height with a conditional use permit.

(15)

Recreational uses or facilities, commercially operated or for a private membership, such as golf courses, country clubs, game courts, swimming pools, archery range, and fishing or boating lakes, or similar activities, and accessory facilities, including sale of food, beverages, bait, incidentals, supplies and equipment, with a conditional use permit.

(16)

Stable, private, for keeping of horses, ponies or other livestock for personal enjoyment and not as a business, provided that any building for keeping of animals shall be located at least one hundred (100) feet from any side or rear lot line, with a conditional use permit.

(16.1)

Livestock, with a conditional use permit.

(17)

School bus passenger shelter without advertising.

(18)

Wireless communication facilities per section 18-427 of this chapter.

(19)

Yard sale or garage sale for disposal of used household items, provided such sales are not held more frequently than twice a year on the same lot, are not conducted for more than three (3) days, and include items assembled only from households in the immediate neighborhood.

(20)

Accessory buildings and uses, including, but not limited to, accessory private garages, an accessory dwelling unit per section 18-424(h)(8), and other structures, swimming pools, temporary family health care structures, as prescribed by §15.2-2292.1 of the 1950 Code of Virginia, as amended, accessory storage and accessory off-street parking and loading spaces and accessory non-illuminated or indirectly illuminated signs as follows:

a.

A name plate or directional sign, limited in area to two (2) square feet, to identify the owner or occupant of a dwelling or building.

b.

A sign limited in area to thirty-two (32) square feet for identification of a permitted home occupation.

c.

No trespassing or no hunting signs, without limitations on number or placement, limited in area to two (2) square feet.

d.

A sign, limited in area to twelve (12) square feet advertising products raised or made on the premises.

e.

A sign, limited in area to thirty-two (32) square feet for identification of a farm or estate or a subdivision or its occupants.

f.

A sign, limited in area to thirty-two (32) square feet, for a church bulletin board or identification of permitted public or semi-public uses, wildlife reservations, recreational uses, or clubs.

g.

Temporary nonilluminated signs, limited in area to four (4) square feet, directing the way to premises which are for sale or rent.

h.

A temporary, nonilluminated sign, limited in area to thirty-two (32) square feet, advertising real estate for sale or lease or announcing contemplated improvements of the real estate on which it is placed.

i.

A temporary sign, limited in area to thirty-two (32) square feet, erected in connection with new construction work and displayed on the premises only during such time as the actual construction work is in progress.

j.

Temporary signs at appropriate locations, on or off the premises, for direction of the traveling public, truck deliveries and employees to an activity or event, a church, school, historic place, subdivision or community, a construction site or excavation, airport, or other center of employment or visitor center or recreation facility in an isolated area of the county, limited in area to thirty-two (32) square feet and subject to approval of location, design, and wording, by the administrator. This permitted sign is not intended as an ordinary advertising device.

k.

Temporary nonilluminated paper signs.

(Ord. of 12-19-05(2); Ord. of 10-24-11; Ord. of 12-21-15(8); Ord. of 7-22-19, § 1)

Under the timed approach option, a single (1) lot subdivision from the parent tract, subject to rezoning approval by the board of supervisors, shall not occur more than once every three (3) years. A title search will be required as part of the rezoning application in order to verify the compliance with the time standards stated above.

In addition to the requirement listed above, the following standards shall apply:

(1)

The minimum acreage for the parent property to qualify for application is twenty-five (25) acres. The minimum lot size for any new lot created shall be forty thousand (40,000) square feet and the maximum lot size for any new lot created shall be five (5) acres, unless otherwise approved by the board of supervisors or required by the county health department.

(2)

Lots shall be located to maximize continued use of the residual parcel for agricultural and silvicultural purposes.

(3)

The first two lots shall be located on private shared driveways that serve no more than two residences, with no frontage on the public road unless specific conditions necessitate variations and are approved by the board of supervisors. These conditions may include driveway sight distances, topography of the site, wetlands, soils, floodplains/floodways, and significant natural, historical and archaeological features.

(4)

Residual property with an agricultural zoning designation may be transferred or combined with other adjacent property that contains a similar agricultural zoning designation.

(5)

Unless and until transferred or combined, residual property shall be maintained and remain the responsibility of the original property owner.

(Ord. of 12-19-05(2))

(a)

Under the sliding scale development provision, the base density of a tract of land twenty-five (25) acres may be allowed one (1) division. One (1) additional lot or dwelling unit will be permitted for every additional forty (40) acres encompassed by the overall tract. For example, a tract consisting of between one hundred five (105) acres and one hundred forty-five (145) acres will yield three (3) new lots plus the remainder lot for a total of four (4) lots. Minimum permissible lot sizes shall be encouraged so as not to allow subdivision development which is land consumptive; however, each lot must meet the minimum lot requirements for the Rural Residential (RR) District.

(b)

In addition to the base density permitted above, the following standards shall be met:

(1)

The minimum lot size shall be forty thousand (40,000) square feet and the maximum lot size for any new lot created shall be five (5) acres, unless otherwise approved by the board of supervisors or required by the county health department.

(2)

Lots shall be located to maximize continued use of the residual parcel for agricultural and silvicultural purposes.

(3)

The first two lots shall be located on private shared driveways that serve no more than two residences, with no frontage on the public road unless specific conditions necessitate variations and are approved by the board of supervisors. These conditions may include driveway sight distances, topography of the site, wetlands, soils, floodplains/floodways, and significant natural, historical and archaeological features.

(4)

Residual property with an agricultural zoning designation may be transferred or combined with other adjacent property that contains a similar agricultural zoning designation.

(5)

Unless and until transferred or combined, residual property shall be maintained and remain the responsibility of the original property owner.

(c)

In determining the overall tract size provision, staff shall base the number of lots permitted on the following, listed in order from least to most binding:

(1)

On the parcel shown on the latest county tax maps with the acreage indicated in the real estate records of the commissioner of revenue's office, excluding street or road rights-of-way.

(2)

On documents of record in the office of the clerk of the court (which shall take precedent over the tax map information.)

(Ord. of 12-19-05(2))

(a)

General description. Cluster development in the Rural Residential (RR) District is encouraged to protect rural character and to maintain productive farmland in farm use while permitting limited development in rural areas of the county. It is intended to encourage innovative and creative design of residential development; to preserve agricultural lands and enhance the rural atmosphere and visual character of the county, and, to encourage a more efficient use of land and services in order to reduce construction costs, reflect changes in the technology of land development and minimize maintenance costs of service delivery and utility systems.

The cluster option is more suited for tracts which are adjacent to or near more urban-like areas; serving as transition areas between more urban-like development and agricultural lands. Clustering should help to reduce potential land use conflicts (buffering agricultural lands form residential cluster development), while allowing appropriate development in areas of the county where development may be desired and likely to occur.

(b)

Applicability. The following provisions establish minimum performance standards associated with three (3) optional density increases which may be exercised by landowners in the RR District at the time of rezoning of the property.

The density options available shall be one (1) dwelling unit per ten (10) acres, but may be increased to one (1) dwelling unit per eight (8) acres or one (1) dwelling per five (5) acres, if certain development standards are met as conditions of density increase. These development standards are outlined in subsection (d).

(c)

General standards. The following general standards shall apply to all cluster developments in the RR District:

(1)

The applicant shall have legal or equitable title to the property or shall otherwise have a legally documented financial interest in the real property, which is the subject of the application.

(2)

The proposed development shall contain a minimum of twenty-five (25) contiguous acres located within the RR District.

(3)

All lots created through the act of subdivision shall be served by no more than one (1) point of access to an existing public road. The internal street serving the subdivision shall be constructed in accordance with the applicable minimum standards of and dedicated to the Virginia Department of Transportation.

(4)

In no case shall residential structures be located within one hundred (100) feet of an existing public road right-of-way. Fifty (50) feet of the one hundred (100) foot buffer yard between the lots and the public road right-of-way shall be landscaped to maintain or enhance the rural image or left in a natural setting.

(5)

Dedication of additional public road right-of-way adjacent to an existing public road for future widening when the highway level of service in the area necessitates widening shall be a condition of development at each of the three (3) optional densities contained in subsection (b) of this section.

(6)

The overall tract size as it relates to the maximum number of permitted lots and amount of preserved open space requirements shall not include land that has been determined to be unsuitable for residential development. If an environmental assessment is determined to be necessary to provide this information to an extent that satisfies the county, the information shall be provided by the applicant and/or owner.

(d)

Density options.

(1)

The base density of one (1) dwelling unit per ten (10) acres may be permitted provided:

a.

Clustering at a density of one (1) dwelling unit per ten (10) acres so that no more than fifty (50) percent of the total base site area is to be included in the subdivision, including lots, road right-of-way, and other required public improvements.

b.

Fifty (50) percent of the site shall be permanently established in open space including farm or forest use and restricted from further residential development.

c.

The minimum lot shall be forty thousand (40,000) square feet and the maximum lot size shall be five (5) acres, provided the health department standards for use of on-site septic systems are met.

(2)

The base density may be increased to one (1) dwelling unit per eight (8) acres if the following conditions are met:

a.

Clustering at a density of one (1) dwelling unit per eight (8) acres so that no more than forty (40) percent of the base site area is included in the subdivision, including lots, road rights-of-way and other required public improvements.

b.

Sixty (60) percent of the site shall be permanently established in open space including farm or forest use and is restricted from further residential development.

c.

The minimum lot size shall be forty thousand (40,000) square feet and the maximum lot size shall be three and one-half (3.5) acres in size, provided the health department standards for on-site septic systems are met.

(3)

The base density may be increased to one (1) dwelling unit per five (5) acres provided:

a.

Clustering at a density of one (1) dwelling unit per five (5) acres so that no more than thirty (30) percent of the base site area is to be included in the subdivision, including lots, rights-of-way and other required public improvements.

b.

Seventy (70) percent of the site shall remain in open space including farm or forest use and restricted from further residential development.

(e)

Open space requirements. Regardless of which of the three (3) density options is exercised, the following standards shall apply to any open space which may be included within and made part of the cluster development and so designated on the subdivision plat:

(1)

All open spaces shall be preserved for their intended purpose. Open space is land that is not to be developed for residential purposes, but may be used to enhance or compliment adjoining land uses.

(2)

A maintenance and operations plan with appropriate surety considerations for open space use shall be prepared and submitted to the county as part of the review process.

(3)

There shall be established an association, corporation, trust, foundation or other entity to insure the satisfactory maintenance of any required open space.

(4)

When the development is to administer open space or other facilities through an association, corporation, trust or foundation, said organization shall conform to the following requirements:

a.

The property owner or developer must establish the entity prior to the sale of any lots within the subdivision.

b.

The entity shall manage all common and open spaces, and recreational and cultural facilities, shall provide for the maintenance, administration and operation of said land and improvements and any other land within the development and shall provide appropriate surety considerations to comply with said requirement.

c.

The organization shall conform to the Condominium Act, Code of Virginia (1950), as amended.

The foregoing standards for open space shall not apply to any acreage of the original parent tract of land which is not included as part of the overall project application.

(Ord. of 12-19-05(2))

Except as provided elsewhere in this chapter, structures shall be at least fifty (50) feet from any street right-of-way, except that where an addition is planned to an existing nonconforming structure, such an addition may extend or project into the required front yard provided such addition does not extend or project any closer to the street right-of-way than the original structure and provided that such addition does not exceed fifty (50) percent of the gross floor area of the existing structure, except that permitted signs may be erected up to ten (10) feet from the street right-of-way. On a U.S. highway structures other than signs shall be set back at least one hundred (100) feet from the street right-of-way and on a primary highway at least seventy-five (75) feet.

(Ord. of 12-19-05(2))

State road frontage is not required, however, if it is provided, the minimum frontage shall be one hundred fifty (150) feet subject to the board of supervisors approval as outlined in section 18-178 and section 18-179. In the event that the parcel does not contain state road frontage, a minimum twenty (20) foot ingress/egress easement consisting of an all weather surface shall be provided to serve the lot(s). If the easement serves more than three (3) lots, it shall be increased to fifty (50) feet, and the roadway must be of an all weather surface of a minimum twenty (20) feet in width.

(Ord. of 12-19-05(2))

Except as provided elsewhere in this chapter, the minimum lot width shall be one hundred fifty (150) feet.

(Ord. of 12-19-05(2))

(a)

Side. The minimum side yard for each main structure in a RR district shall be fifteen (15) feet and the total width of the two (2) required side yards shall be at least thirty-five (35) feet.

(b)

Rear. Each main structure shall have a rear yard of thirty-five (35) feet or more.

(Ord. of 12-19-05(2))

Buildings in an RR district may be erected up to thirty-five (35) feet in height; except, that:

(1)

The height limit of dwellings may be increased ten (10) feet and up to three (3) stories; provided, that there are two (2) side yards for each permitted use, each of which is fifteen (15) feet or more plus one (1) foot or more of side yard for each additional foot of building height over thirty-five (35) feet.

(2)

A public or semi-public building such as a school, church, library or hospital may be erected to a height of sixty (60) feet from grade; provided, that required front, side and rear yards shall be increased one (1) foot for each foot in height over thirty-five (35) feet.

(3)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles and television antennae and radio aerials less than one hundred twenty-five (125) feet in height, are exempt. Parapet walls may be up to four (4) feet above the height of the building on which the walls rest.

(4)

No accessory building which is within twenty (20) feet of any party lot line shall be more than one (1) story high. All accessory buildings shall be less than the main building in height and no accessory building shall be more than fifteen (15) feet in height.

(Ord. of 12-19-05(2))

(a)

Of the two (2) sides of a corner lot in an RR district the front shall be deemed to be the shortest of the two (2) sides fronting on streets.

(b)

The side yard on the side facing the side street shall be thirty-five (35) feet or more for both main and accessory building.

(c)

Each corner lot shall have a minimum width at the setback line of one hundred twenty-five (125) feet.

(d)

Landscaping of corner lots shall be limited to plantings, fences or other landscaping features of no more than three (3) feet in height within the space between the setback line and the property line on the street side of the lot.

(Ord. of 12-19-05(2))