When deemed necessary to achieve more creative planning and preservation of natural property features, the director of planning may approve pipestem lots either as a single lot or in a group of lots but only in accordance with the provisions of the design standards and one of the following:

(a)

Residential subdivisions approved for cluster development.

(b)

In the PDH and PDC districts when shown on an approved generalized development plan.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-160, 1-13-15)

The features set forth in the following paragraphs may extend into minimum required yards as specified.

For lots in the PDH and PDC districts, the minimum required yard shall be deemed to be one-half (½) of the distance of the yard that has been established by the location of the principal structure on a lot unless otherwise approved as part of a generalized development plan. In other districts where minimum yard requirements are determined by a specified distance between buildings, the lot lines shall be established by a line located between the buildings drawn at the mid-point and perpendicular to the shortest line between them.

(a)

The following shall apply to any structure:

(1)

Cornices, canopies, awnings, eaves or other such similar features, all of which are at least ten (10) feet above finished ground level, may extend three (3) feet into any minimum required yard but not closer than two (2) feet to any lot line. This provision shall not apply to permanent canopies over gasoline pump islands which have supports located on the pump islands, provided that such canopies may extend into minimum required yards but shall not extend into any required transitional screening areas nor overhang travel lanes, service drives or sidewalks.

(2)

Sills, leaders, belt courses and other similar ornamental features may extend twelve (12) inches into any minimum required yard.

(3)

Open fire balconies, fire escapes, fire towers, uncovered stairs and stoops, air conditioners and heat pumps, none of which are more than ten (10) feet in width, may extend five (5) feet into any minimum required yard, but not closer than five (5) feet to any lot line.

(4)

Bay windows, oriels, and chimneys, none of which are more than ten (10) feet in width, may extend five (5) feet into any minimum required yard, but not closer than five (5) feet to any lot line.

(5)

Carports, as defined in section 23-2.1.4, Definitions, may extend five (5) feet into any minimum required side yard, but not closer than five (5) feet to any side lot line.

(b)

The following shall apply to any deck attached to a single-family detached dwelling:

(1)

Any open deck may extend into minimum required yards as follows:

(a)

Front yard: No extension

(b)

Side yard: No extension

(c)

Rear yard: twelve (12) feet, but not closer than five (5) feet to any rear lot line

(2)

Any roofed deck may extend into minimum required yards as follows:

(a)

Front yard: No extension

(b)

Side yard: No extension

(c)

Rear yard: five (5) feet, but not closer than five (5) feet to any rear lot line

(c)

The following shall apply to any deck attached to a multiple-family dwelling, commercial, industrial or institutional structure:

(1)

Any open or roofed deck may extend three (3) feet into any minimum required yard.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-160, 1-13-15)

(a)

On a pipestem lot, notwithstanding the minimum yard requirements of the district in which located, the front yard shall be a minimum of twenty-five (25) feet. The required twenty-five (25) feet shall be measured from the lot line formed by the pipestem.

(b)

On a lot contiguous to a pipestem driveway serving more than one pipestem lot, in addition to the minimum front yard requirements of the district in which located, the yard contiguous to the pipestem driveway shall also be deemed a minimum required front yard and shall be a minimum of twenty-five (25) feet. The required twenty-five (25) feet shall be measured from the lot line formed by the pipestem or the edge of the pipestem driveway pavement, whichever is the greater distance; provided however that such lot shall not be deemed a corner lot.

(Ord. No. 23-66, 10-24-95)

Not withstanding any other provision of this chapter, the zoning administrator shall have the authority, as qualified below, to approve a reduction in the minimum yard requirements in the case of any building existing or partially constructed which does not comply with such requirements applicable at the time such building was erected. Such a reduction may be approved by the zoning administrator in accordance with the following provisions:

(1)

The zoning administrator determines that:

(a)

The error does not exceed ten (10) percent of the measurement that is involved, and

(b)

The noncompliance was done in good faith, or through no fault of the property owner, or was the result of an error in the location of the building subsequent to the issuance of a building permit, if such was required, and

(c)

Such reduction will not impair the purpose and intent of this chapter, and

(d)

It will not be detrimental to the use and enjoyment of other property in the immediate vicinity, and

(e)

It will not create an unsafe condition with respect to both other property and public streets, and

(f)

To force compliance with the minimum yard requirements would cause unreasonable hardship upon the owner, and

(g)

The reduction will not result in an increase in density or floor area ratio from that permitted by the applicable zoning district regulations.

(2)

In approving such a reduction under the provisions of this section, the zoning administrator shall allow only a reduction necessary to provide reasonable relief and, as deemed advisable, may prescribe such conditions, to include landscaping and screening measures to assure compliance with the intent of this chapter.

(3)

Upon the approval of a reduction for a particular building in accordance with the provisions of this section, the same shall be deemed to be a lawful building.

(Ord. No. 23-66, 10-24-95)

(a)

On every corner lot within the sight triangle there shall be no structure or planting of such nature and dimension as to obstruct sight distance other than a post, column or trunk of a tree (but not branches or foliage), which is not greater than one (1) foot in cross section or diameter. Such sight distance shall be maintained between two (2) horizontal planes, one of which is three and one-half (3½) feet, and the other ten (10) feet above the established grade of either street or, if no grade has been officially established, then above the average elevation of the existing surface of either street at the centerline thereof:

(1)

For a lot having an interior angle of ninety (90) degrees or more at the street corner thereof: Points shall be thirty (30) feet from the property lines extended.

(2)

For a lot having an interior angle of less than ninety (90) degrees at the street corner thereof: Points shall be thirty (30) feet from the property lines extended, plus one (1) foot for every ten (10) degrees or major fraction thereof by which such interior angle is less than ninety (90) degrees.

(Ord. No. 23-66, 10-24-95)

(1)

The height limitations of this chapter shall not apply to barns, silos, residential chimneys, spires, cupolas, gables, penthouses, scenery lofts, domes, equipment and/or flues, monuments, radio towers, television antenna or aerials, water towers, water tanks, transmission towers and cables, smokestacks, or other similar roof structures and mechanical appurtenances; provided, however:

(A)

No such structure when located on a building roof shall occupy an area greater than twenty-five (25) percent of the total roof area.

(B)

No such structure shall be used for any purpose other than a use incidental to the main use of the building.

(C)

Air-conditioning units on building roofs shall not be excluded from the maximum height regulations, unless the units are located in a penthouse or are completely screened on all four (4) sides, such penthouse or screening to be an integral architectural design element of the building.

(D)

No such freestanding structure shall be located except in strict accordance with the provisions of division 2 of article 5.

(2)

A parapet wall, cornice or similar projection may exceed the height limit established for a given zoning district by not more than three (3) feet.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-160, 1-13-15)

The purpose of this section is to establish development standards and location regulations for accessory structures, as defined in section 23-2.1.4. Definitions.

(Ord. No. 23-160, 1-13-15)

(1)

No accessory structure shall be occupied or utilized unless the principal structure to which it is an accessory to is occupied and utilized.

(2)

All structures accessory to single-family detached dwellings, to include such extensions permitted by section 23-5.1.2, shall cover no more than thirty (30) percent of the area within the minimum required rear yard.

(3)

The following standards shall apply to fences and walls except when modified by the issuance of a special use permit. These height limitations shall not apply to stormwater management facilities. Public utilities, distribution, public utilities generation and public utilities, transmission which are not otherwise already exempt from the ordinance from which this section derives pursuant Virginia Code § 56-46.1, shall be exempt from the regulations of the ordinance from which this section derives for any fencing used in connection with such use:

(a)

Agriculture and rural districts (A-2, A-3, R-A, Ru). Fences and walls may be constructed to a maximum of ten (10) feet in height in any rear or side yard, and four (4) feet in height in any front yard, except within the sight triangle, and except as otherwise allowed for agricultural uses. For agricultural uses including but not limited to containing livestock, fences and walls may be constructed to a maximum of eight (8) feet in height in any front yard, except within the sight triangle. The use of barbed wire, electricity or similar contrivance that may cause bodily harm shall not be allowed in subdivisions, developments, or estates where the lot is less than one (1) acre in area or along any property line adjacent to a residential subdivision or development where any lot is less than one (1) acre in area.

(b)

Residential districts (R-1, R-2, R-3, R-8, R-12, RR). Fences and walls may be constructed to a maximum height of ten (10) feet in any side or rear yard and to a maximum height of four (4) feet in any front yard, except within the sight triangle. The use of barbed wire, electricity or similar contrivance that may cause bodily harm shall not be allowed in these residential districts on any lot less than one (1) acre.

(c)

Commercial districts (C-1, RC) and office districts (O-1, O-2). Fences and walls may be constructed to a maximum height of ten (10) feet in any side or rear yard and to a maximum of four (4) feet in any front yard, except within the sight triangle. The use of barbed wire, electricity or any similar contrivance that may cause bodily harm shall not be allowed in these commercial and office districts except when incorporated into a fence at a height of not less than seven (7) feet above the nearest adjacent grade and located on arms which do not protrude onto or over any adjacent property.

(d)

Commercial (C-2, C-3) and industrial districts (I-1, I-2). Fences and walls may be constructed to a maximum height of ten (10) feet in any yard except for within the sight triangle. The use of barbed wire, electricity or any similar contrivance that may cause bodily harm shall not be allowed in these commercial and industrial districts except when incorporated into a fence at a height of not less than seven (7) feet above the nearest adjacent grade and located on arms which do not protrude onto or over any adjacent property.

(e)

Planned development districts (PDH, PDC). Fences and walls shall conform to the criteria for fences and walls for the type of zoning district (residential or commercial) in which the fence is to be located within the planned development district.

(f)

The use of razor wire shall be prohibited except in the instance of a correctional facility, penal facility or similar type use.

(4)

Keeping of domestic laying hens as permitted in accessory uses section 23-5.3.2 shall be limited to permanent confinement within a chicken coop constructed to provide at least three (3) square feet of roost space per chicken in the coop with an additional five (5) square feet of run space per hen;

(a)

All feed for the keeping of domestic laying hens shall be kept in a secure container or location in order to prevent the attraction of rodents and other animals;

(b)

In addition to the requirements in this section, keeping of domestic laying hens shall also be subject to: section 23-5.3, Accessory uses; chapter 13, Nuisances, and performance standards located in chapter 4, article I, Animals and fowl in general.

(Ord. No. 23-160, 1-13-15; Ord. No. 23-191, § 3, 5-27-25)

(1)

If a building that otherwise would be considered accessory is attached to a principal building by any wall or roof construction, it shall be deemed to be a part of the principal building and shall comply in all respects with the requirements of this chapter applicable to a principal building.

(2)

The required minimum yards referenced in this section shall refer to the minimum yards in the applicable zoning district for the principal building(s) with which the accessory-type building is associated.

(3)

Ground-supported antenna structures for the operation of private radio facilities authorized by the Federal Communications Commission regulations may be permitted in an agricultural, rural or residential district provided that such structures shall not be located closer to any lot line than a distance equal to their height.

(4)

Off-street parking and loading spaces shall be located in accordance with the provisions of this chapter and article 5 of the Design Standards Manual.

(5)

Recreational courts, including but not limited to tennis courts, basketball courts and the like may not extend into any required yard.

(6)

All chicken coops and chicken tractors as permitted in the R-1, R-2, R-3, R-R, V, PD-H districts, and Ru, PRR lots under five (5) acres where the keeping of domestic laying hens are permitted shall be located behind the primary structure (outside of the side yard), or ten (10) feet from adjoining property lines not owned by the applicant, whichever is greater, and thirty-five (35) feet from any dwelling located on a property not owned by the applicant. Additionally:

(a)

No such structure in any instance within the zoning districts as specified above shall be located in a resource protection area (RPA) or storm drainage area that would allow fecal matter to enter any storm drainage system, water body or stream.

(7)

The following regulations shall apply to the location of all freestanding structures or uses except that specifically set forth in subsections (1)—(6) above:

(A)

No accessory structure, except a statue, basketball standard or flagpole, shall be located (a) in any minimum required front yard on any lot or (b) in any front yard on any lot containing less than two (2) acres or (c) in residential resort (RR) or resort agricultural (RA) district on any lot containing less than one (1) acre. When located in a front yard, these exempt structures shall not be located closer than fifteen (15) feet to a front lot line or twelve (12) feet to a side lot line.

(B)

Any residential accessory structure may extend into required rear and side yards but shall be located no closer than ten (10) feet from the rear and side yard lot lines or in cluster subdivisions no closer than five (5) feet from the rear and side yard lot lines.

(C)

Any commercial or industrial accessory structures must meet minimum yard requirements as set forth in the underlying zoning district, except for accessory structures that are less than or equal to two hundred fifty (250) square feet where a ten (10) foot rear yard is required.

(Ord. No. 23-160, 1-13-15; Ord. No. 23-191, § 3, 5-27-25)

Accessory uses, as defined in article 2 of this chapter, are permitted in connection with certain principal uses as set forth below when expressly authorized in the zoning district regulations. Accessory uses are not permitted with residential uses unless otherwise permitted in section 23-5.3.2., Development standards. This section does not apply to home occupations or home enterprise, as authorized elsewhere in this chapter.

(Ord. No. 23-160, 1-13-15)

In addition to the use limitations applicable in the zoning district in which located, accessory uses shall be subject to the following use limitations:

(a)

All accessory uses shall be located in the same building as the principal use, or with the approval of the zoning administrator, located on the same property as the principal use.

(b)

No accessory use shall be occupied or utilized unless the principal structure to which it is an accessory to is occupied or utilized.

(c)

The aggregate gross floor area of all accessory uses shall not exceed forty (40) percent of the total gross floor area of the principal use. This maximum shall not apply to child care centers in a place of worship, public school, or private school.

(d)

Accessory uses shall be certified in compliance with the VA Uniform Statewide Building Code by the building official.

(e)

Multi-family developments with a minimum of two hundred fifty (250) dwelling units, may include the following accessory uses:

(1)

Eating establishments, without drive-in windows.

(2)

Child care centers.

(3)

Personal service establishments.

(4)

Retail sales establishments selling convenience merchandise.

(f)

Keeping of domestic laying hens shall be permitted in R-1, R-2, R-3, R-R, V, PD-H, Ru, and PRR zoned lots, subject to the following:

(1)

Keeping of domestic laying hens on lots in the R-1, R-2, R-3, R-R, V, PD-H districts, and Ru, PRR lots under five (5) acres shall be limited to a minimum of two (2) hens at one (1) time for lots upon which the dwelling is located up to five thousand (5,000) square feet, and then no more than one (1) additional hen per additional two thousand five hundred (2,500) square feet of lot area upon which the dwelling is located, not to exceed a maximum of six (6) hens. Additionally, keeping of domestic laying hens on such lots shall be subject to the following:

(i)

No person shall keep any rooster;

(ii)

Domestic laying hens raised on site for personal consumption may be slaughtered on site.

(iii)

In addition to the requirements in this section, keeping of domestic laying hens shall also be subject to section 23-5.2, Accessory structures, chapter 13, Nuisances, and performance standards located in chapter 4, article I, Animals and fowl in general.

(g)

In zoning districts where agriculture is not permitted, keeping of horses for personal recreation purposes and related facilities (barns, riding rings, etc.) shall also be permitted in R-R, and R-1 zoned lots, subject to the following standards:

(1)

Minimum lot size five (5) acres.

(2)

Maximum density of one (1) horse for each one and one-half (1.5) acres of lot area.

(3)

No such area utilized for the keeping of horses shall be located directly on Lake Anna or within one hundred (100) feet of Lake Anna or its designated one hundred (100) year floodplain.

(4)

Chapter 13, Nuisances, and chapter 4, Animals and fowl.

(Ord. No. 23-160, 1-13-15; Ord. No. 23-165, § 1, 2-14-17; Ord. No. 23-191, § 3, 5-27-25)

The purpose of this division is to permit low impact home based occupational activities such as but not limited to home office, artist space, home crafts, internet sales, within residential structures that chiefly serve as a place of residence, subject to development standards as set forth in section 23-5.4.2. Such operations are clearly incidental and subordinate to the principle residential use permitted on the parcel. Home occupations are permitted in any dwelling unit in zoning districts as specified in chapter 23, article 6, Zoning districts subject to the approval by the zoning administrator and the following provisions. All such uses are subject to any applicable licensing requirements and once established, are subject to any applicable restrictions including but not limited to chapter 13, Nuisances, and chapter 14, Offenses miscellaneous.

(Ord. No. 23-160, 1-13-15)

In addition to the development standards applicable in the zoning district in which located, all home occupations shall be subject to the following development standards:

(1)

A home occupation shall be conducted within the dwelling which is the bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use.

(2)

No stock in trade shall be displayed or sold on the premises.

(3)

There shall be no exterior evidence that the property is used in any way other than for a dwelling.

(4)

No mechanical or electrical equipment shall be employed other than machinery or equipment customarily found in the home associated with a hobby or avocation.

(5)

No outside display of goods or outside storage of equipment or materials used in the home occupation shall be permitted.

(6)

No employees, whether paid or not for their services, except persons who use the dwelling as their bona fide residence, shall be involved in the home occupation on that property.

(7)

No sign or other form of exterior indication of advertisement of the home occupation shall be permitted.

(8)

There shall be no customers or clients accessing the location.

(9)

No more than two (2) service vehicles shall be parked on the property at any one (1) time, provided additional vehicles associated with the occupants of the residence can also be accommodated on the property.

(10)

No retail or wholesale sales activity shall be conducted on the premises other than by telephone, mail, internet or other electronic medium. Other forms of transaction must be conducted offsite at an appropriately permitted location.

(Ord. No. 23-160, 1-13-15)

The intent of the home enterprise is to provide for low impact home based businesses including but not limited to uses such as art/craft studio, cottage industry, photographic studio, custom gun-smith, schools of special education, beauty parlor or other personal service establishments. Home enterprise may include access by employees, customers or clients, subject to development standards as set forth in section 23-5.4A.2. Such operations are clearly incidental and subordinate to the principle residential use permitted on the parcel. Home enterprise operations may be conducted in any dwelling unit in zoning districts as specified in chapter 23, article 6, Zoning districts, subject to the approval by the zoning administrator and the following provisions. All such uses are subject to any applicable licensing requirements and once established, are subject to any applicable restrictions including but not limited to chapter 13, Nuisances, and chapter 14, Offenses miscellaneous.

(Ord. No. 23-160, 1-13-15)

(a)

A home enterprise may be conducted in an existing residential structure, in an accessory structure or in a combination of the following structures:

(1)

If in a residential structure, no more than forty (40) percent of the gross floor area of the residential structure may be used for in the conduct of the home enterprise.

(2)

Any accessory buildings associated with a home enterprise shall not be larger, in the aggregate, than fifty (50) percent of the gross floor area of the principle residential structure.

(3)

Accessory buildings shall not be more than twenty (20) feet in height.

(4)

The total square feet of floor area in the principle residential structure and the accessory building used for the home enterprise shall not exceed seventy-five (75) percent of the gross floor area of the principle residential structure.

(b)

All structures and any associated modifications necessary for the home enterprise shall meet the requirements of the Uniform Building Code of the state (as amended) for the use classification associated with the home enterprise.

(c)

There shall be no outside storage or display of materials, products, parts, or refuse.

(1)

All waste containers shall be screened from adjacent property and public rights-of-way.

(2)

All waste materials shall be removed from the site on a regular periodic basis (weekly or monthly).

(d)

There shall be only one (1) home enterprise on a single parcel of land.

(e)

The county department of health shall certify that the existing water supply and septic system are adequate to accommodate the home enterprise.

(f)

There shall be no signage associated with a home enterprise other than a single, non-illuminated sign, which shall not exceed three (3) square feet in area.

(g)

The parking requirements shall be one (1) for each outside employee other than family members or the applicant and one (1) per two hundred (200) gross square feet of floor area dedicated to the operation of the home enterprise.

(1)

The parking lot for a home enterprise shall be screened from adjacent properties and public rights-of-way.

(2)

Screening of the parking lot shall be composed of a mixture of evergreen shrubs, trees, and/or landscaped berms or some combination of these elements.

(h)

No more than two (2) service vehicles shall be parked on the property at any one (1) time.

(i)

A home enterprise shall be subject to all other applicable regulations.

(j)

Commercial garages, motor vehicle repair, tourist lodging, commercial recreational facilities, and similar operations shall not be deemed as home enterprises.

(k)

The total number of client appointments per day upon the premises shall not exceed two (2) clients at any time or ten (10) customers per day with the exception of schools of special instruction that shall be limited as follows:

(1)

Private schools whose class size does not exceed more than four (4) pupils at any given time and not more than ten (10) pupils in any one (1) day.

(l)

Home enterprises within Residential 1-3 and Resort zoning districts shall be limited to parcels fronting and/or whose chief point of ingress/egress is upon state maintained roads limited to State Route number 1 through State Route number 712, subject to VDOT approval. Home enterprises whose chief point of ingress/egress is not upon state maintained roads limited to Route number 1 through State Route number 712 require approval of a special use permit.

(Ord. No. 23-160, 1-13-15)

Trees and other vegetation moderate the effects of the sun and the wind, provide buffers and screens against noise and air pollution, contribute to the intake of carbon dioxide and the release of oxygen in our atmosphere and filter out air pollutants. They also decrease storm water runoff through canopy interception, and root zone uptake, assist in the stabilization of soil and in the prevention of erosion, act to moderate temperature changes and provide shade, provide a haven for animals and for birds which in turn assist in the control of insects, are important psychological, sociological and aesthetic counterpoints to the man-made urban setting, and tend to conserve and increase property values.

Because vegetation is so beneficial to mankind and the environment, the aesthetic beauty and character of a community, this division is intended to: preserve and promote the health, safety, and general welfare of the public; to facilitate the creation of a convenient, attractive and harmonious community; to conserve properties and their values; to preserve the character of the area by preventing the harmful effects of prejudicial uses; and to encourage the appropriate use of the land. More specifically this division is intended to make incompatible uses compatible by requiring a screen or buffer between the uses in order to minimize the harmful impact of noise, dust and other debris, motor vehicle headlight glare or other artificial light intrusion, and other objectionable activities or impacts conducted on or created by an adjoining or nearby use.

Additionally, this division is intended to require the landscaping of certain parking lots in order to reduce the harmful effects of wind and air turbulence, heat and noise, and the glare of motor vehicle lights; to preserve underground water reservoirs and to permit the return of precipitation to the ground water strata; to act as a natural drainage system and ameliorate storm water drainage problems; to reduce the level of carbon dioxide and return pure oxygen to the atmosphere; to prevent soil erosion; to provide shade; and to enhance the blighted appearance of parking lots.

This article is also intended to encourage the preservation and planting of trees on both public and private sites, provide a specified percentage of tree cover in twenty (20) years, protect native woodlands, rural corridors, historic, and specimen trees, and further promote low impact development techniques throughout the county.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-141, 11-9-10)

The provisions of this division shall apply to all development where generalized development or site plans are filed in accordance with the provisions of article 4, division 11 of the zoning ordinance.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-141, 11-9-10)

The director shall be responsible for the administration of this division.

(Ord. No. 23-66, 10-24-95)

Landscaping, planning, planting, and maintenance, transitional screening, street buffering, and tree protection and preservation shall be done in accordance with the landscape specifications located in article 6 of the Design Standards Manual.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-141, 11-9-10)

Editor's note— Ord. No. 23-141, adopted November 9, 2010, changed the title of section 23-5.5.4 from "Standards" to "Landscape/screening/tree preservation standards." The historical notation has been preserved for reference purposes.

(a)

A landscaping plan shall be submitted as part of every generalized development plan and site plan.

(b)

Such landscaping plans shall be drawn to scale, including dimensions and distances, and clearly delineate all existing and proposed parking spaces or other vehicle areas, access aisles, driveways, and the location, size and description of all landscaping materials and tree cover in accordance with the requirements of this Division and the requirements of Article 6 of the Design Standards Manual.

(c)

The landscaping measures and tree cover required by this division shall be shown on such plan, and shall be completed according to specifications prior to approval of any occupancy permit.

(Ord. No. 23-66, 10-24-95)

Caliper. Diameter of a tree trunk (in inches) measured six (6) inches above the ground for trees up to and including four (4) inches in diameter, and twelve (12) inches above the ground for larger trees.

Canopy cover. The crown "branch" area of a tree measured in square feet after ten (10) years from the installation as specified in this division.

Diameter at breast height (DBH). Diameter of a tree trunk (measured about forty-eight (48) to sixty (60) inches from the ground) measured at the breast for trees with multiple trunks (examples include Flowering Dogwood, Muscle Wood American Hornbeam, Eastern Red Bud).

Diameter of a tree. The straight line passing directly though the center of the tree and meeting the circumference at each end.

Drip line. An imaginary, perpendicular line that extends downward from the outermost tips of the tree(s) branches to the ground.

Topping of a tree. Accomplished when the pruning causes reduction in the tree(s) height or crown that reduces the amount of needed protected area under the drip line of the tree.

(Ord. No. 23-141, 11-9-10)

Editor's note— Ord. No. 23-141, adopted November 9, 2010, amended section 23-5.5.6 in its entirety to read as herein set out. Formerly, section 23-5.5.6 pertained to maintenance, and derived from Ord. No. 23-66, adopted October 24, 1995.

Editor's note— Ord. No. 23-141, adopted November 9, 2010, repealed the former sections 23-5.5.7—23-5.5.16 in their entirety, which pertained to interior parking lot landscaping, peripheral parking lot landscaping, transitional screening general provisions, transitional screening requirements, transitional screening waivers and modifications, tree cover requirement standards, tree preservation credit, tree planting credit, modifications, waivers and exceptions, and street buffers, respectively, and derived from Ord. No. 23-66, adopted October 24, 1995; Ord. No. 23-72, adopted April 22, 1997; Ord. No. 23-73, adopted August 12, 1997; Ord. No. 23-79, adopted April 13, 1999; Ord. No. 23-109, adopted December 14, 2004, and Ord. No. 23-136, adopted January 12, 2010.

One temporary sign no larger than thirty-six (36) square feet shall be allowed by permit on any lot or premises. For the purposes of this section, temporary sign shall not include banner signs.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-126, 9-23-08)

(a)

Permanent freestanding signs on parcels shall have a maximum height-to-setback ratio of one-to-one from the right-of-way. This setback shall not apply to traffic and directional signs, safety signs, and similar signs.

(b)

Intersection visibility. No sign is to be placed or located in conflict with the sight triangle requirements of article 4, division 1 of this chapter.

(c)

Maximum height. The maximum height of freestanding signs shall be as follows except as provided for in section 23-5.8.7 of this chapter:

(1)

Twenty-five (25) feet in height when located more than twenty-six hundred (2,600) feet from an Interstate 95 interchange;

(2)

Thirty-five (35) feet in height when located twenty-six hundred (2,600) feet or less from an Interstate 95 interchange; or

(3)

Five (5) feet in height with a height-to-setback ratio of greater than one-to-one and set back less than twenty-five (25) feet.

Signs higher than thirty-five (35) feet above grade shall require an engineer to certify on the drawings that such signs are safe and will withstand winds to ninety (90) miles per hour. The setback distance of the sign shall be measure from the property line adjacent to any right-of-way.

(Ord. No. 23-66, 10-24-95)

The following signs are exempt 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 county's building code:

(a)

Nameplate, which does not exceed two (2) square feet in area to identify the owner or occupant of a dwelling or building. The nameplate shall be non-illuminated and attached to the building.

(b)

Security and warning signs, such as no hunting, no trespassing and warning signs used by a private landowner, which do not exceed two (2) square feet.

(c)

Auction signs which do not exceed four (4) square feet to advertise an on-or off-site auction to be conducted. These shall be removed within seven (7) days after date of auction.

(d)

Real estate signs advertising sale, rental, or lease of the land or building upon which signs are located, provided that:

• In agriculture or residential districts, no signs shall be in excess of six (6) square feet and no more than two (2) such signs shall be located on any single lot; or

• In office, commercial, or industrial districts, no sign shall be in excess of six (6) square feet square feet and no more than three (3) such signs shall be located on any single lot.

(e)

One (1) on-site contractor sign not exceeding thirty-two (32) square feet in area and subcontractor's signs not exceeding eight (8) square feet in area each, when displayed on the premises upon which building operations are being conducted, provided such signs shall be removed upon completion of the work;

(f)

Official traffic signs, memorial signs, historical markers, or other public signs and notices posted or erected by or at the direction of a governmental agency, provided such signs and notices meet all applicable state and federal laws and regulations;

(g)

Directional signs not exceeding six (6) square feet in area.

(h)

A maximum of two (2) banner signs, provided such signs shall not exceed sixty (60) square feet in combined sign area.

(i)

Temporary signs, provided such signs shall not exceed thirty-six (36) square feet per sign area in conjunction with a temporary use permit. The setback ratio shall be the same as permanent freestanding signs.

(j)

Changing the face or copy on a bulletin board, poster board, display encasement, or marquee provided that the total area and the height of the support is not increased; and

(k)

Window signs.

Nothing in this chapter shall be construed to allow the placement of any sign, or other structure within the sight distance triangle of a public road or highway or within the minimum setback or above the height limits set forth below and calculated.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-126, 9-23-08; Ord. No. 23-154, 2-26-13)

In any agriculture or residential district, the following signs only shall be permitted, when the principal use itself is permitted:

(1)

Church bulletin boards: One (1) church bulletin board, not exceeding forty (40) square feet in area, when displayed on the property of the church, provided that when a church faces more than one (1) street, one (1) such church bulletin board may be erected or displayed on each street frontage. Church bulletin boards shall be set back at least ten (10) feet from the front lot line.

(2)

Identification signs: One (1) sign, not exceeding thirty-two (32) square feet in area for the purpose of showing the name and use of building, when such use is permitted in a residence district and such sign is erected or displayed on the property so identified. Such identification signs shall be set back at least ten (10) feet from the front lot line.

(3)

Subdivision signs: Signs, not exceeding thirty-two (32) square feet in area, for the purpose of identifying a housing development or subdivision, displayed on the property so identified, at least ten (10) feet from the right-of-way. Only one (1) such sign shall be displayed facing any one (1) street on the perimeter of such development or subdivision, except two (2) such signs are permitted at the subdivision's main entrance.

(4)

In districts allowing multifamily dwellings, one (1) sign site sign for identifying multifamily dwellings, provided that such sigh shall not exceed thirty-two (32) square feet in area and shall indicate nothing other than the name and/or address of the premises and the name of the management and may be illuminated only by indirect illumination.

(Ord. No. 23-66, 10-24-95)

(a)

Signs permitted in agriculture or residential districts shall be permitted in any office, commercial or industrial district.

(b)

In any office, commercial and industrial district signs advertising only the general business conducted within the premises upon which signs are displayed shall be permitted.

(c)

Signs permitted within office, commercial and industrial districts shall be displayed on walls of a building or as roof signs or freestanding signs upon the lot, subject to the following provisions as to size and location:

(1)

Sign, building-mounted is permitted consistent with the requirements of this division. No part of any sign shall extend above or beyond the perimeter of the building wall, parapet wall or roof, except as permitted by paragraph 2 below. No sign shall be located on a chimney, flue, antenna, monopole, transmission tower or cable, smokestack, or other similar rooftop structures and mechanical appurtenances. A sign may be mounted flat against a rooftop penthouse wall or rooftop screening wall which is an integral architectural element of a building through the continuation of materials, color, and design exhibited by the main portion of the building. Such signs shall conform to the following:

a.

No part of the sign shall extend above or beyond the perimeter of the penthouse wall or screening wall to which it is attached or project outward from the penthouse wall or screening wall.

b.

The sign shall not extend more than twelve (12) feet above the lowest point of the wall, and shall be limited to identification signs consisting of an organizational logo and/or the name of a company or premises.

(2)

A building-mounted sign may extend beyond the wall of a building when such sign is erected at a right angle to the wall, does not extend into the minimum required yard and is not located closer than two (2) feet to any street line.

(3)

Signs may be located on the vertical face of a marquee, but no part of the sign shall extend above or below the vertical face. The bottom of a marquee sign shall be no less than ten (10) feet above a walkway or grade, at any point.

(4)

a.

One-story building. Sign, building-mounted shall not exceed one and one-half (1½) square feet of sign area per horizontal linear foot of each exterior wall or portion of an exterior wall specifically occupied by each business or tenant for each of the first one hundred (100) linear feet of each exterior wall plus one (1) square foot of sign area for each horizontal linear foot over one hundred (100) linear feet of exterior wall.

No one sign, however, shall have a sign area in excess of two-hundred fifty (250) square feet per exterior wall.

b.

Multi-story building. Sign, building-mounted for ground floor tenants with outside entrance shall not exceed one and one-half (1½) square feet of sign area per horizontal linear foot of each exterior wall or portion of an exterior wall specifically occupied by each business or tenant for each of the first one hundred (100) linear feet of exterior wall plus one (1) square foot of sign area for each horizontal linear foot over one hundred (100) linear feet of each exterior wall.

No one sign, however, shall have a sign area in excess of two hundred fifty (250) square feet per exterior wall. All such signs with the exception of allowed sign, pinnacle shall not exceed a height of twenty (20) feet above the sidewalk or ground level.

Sign, pinnacle shall be permitted on exterior walls. Sign, pinnacle shall not exceed one and one-half (1½) square feet per horizontal linear foot of each exterior wall or portion of an exterior wall specifically occupied by each business or tenant for the first one hundred (100) feet, plus one (1) square foot of sign area for each horizontal linear foot over one hundred (100) linear feet of exterior wall. A sign, pinnacle meant to identify a building name not affiliated with a particular tenant shall not exceed one and one-half (1½) square feet per horizontal linear foot of each exterior wall for the first one-hundred (100) feet, plus one (1) square foot of sign area for each horizontal linear foot over one hundred (100) linear feet of exterior wall. However, in all cases no sign, pinnacle shall exceed one hundred eighty (180) square feet.

(5)

No transfer of allowable sign area shall be made from one exterior wall to another exterior wall.

(6)

A shopping center shall be permitted one (1) freestanding sign; provided, however, any sign exceeding a height of twenty-five (25) feet or an area of one hundred and fifty (150) square feet per face shall be permitted only as a special use as specified in article 4, division 5 of this chapter; provided, further, however, that a shopping center with frontage on two (2) or more major thoroughfares may have one (1) freestanding sign for each frontage on a major thoroughfare with a maximum of two (2) such signs. No freestanding sign(s), other than those noted above, shall be permitted for individual enterprises located within or on the same lot with a shopping center.

(7)

One (1) freestanding sign may be erected for each building with frontage on a secondary or primary highway; provided, however, any sign exceeding a height of twenty-five (25) feet or an area of one hundred (100) square feet per face shall be permitted only as a special use as specified in article 4, division 5 of this chapter. The setback distance of the sign shall be measured from the property line adjacent to any right-of-way.

(8)

Service stations or similar uses may be allowed one (1) additional square foot of sign area on each gasoline pump for the sole purpose of identifying the specific product dispensed from that pump.

(9)

Notwithstanding the provisions of this chapter, motor vehicle fuel price signs required by law shall be permitted, and the sign area of such sign(s) shall not be computed in the maximum sign area permitted by this chapter.

(10)

Historical signs: historical signs for historical attractions are to be included in all districts as a special use.

(11)

Signs advertising only the name of the occupant of a store, office or building, the business or occupation conducted or the products sold therein may be placed on show windows, provided that not more than twenty (20) percent of the area of such windows shall be covered.

(12)

Roof signs, not exceeding a total area of one hundred (100) square feet may be displayed in the C-2 and C-3 commercial districts only, provided that the area of any roof sign shall be included in the total area of signs permitted by this section. No roof sign shall project more than four (4) feet beyond the property line nor extend more than fifteen (15) above the roof level at the point where it is erected.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-144, 11-10-11)

The following signs are prohibited in any zoning district and in any area of the county:

(1)

Any portable sign except permitted temporary signs and banner signs.

(2)

Any sign or illumination that causes any direct glare into or upon any building other than the building to which the sign may be related.

(3)

Any sign of which all or any part is in motion by any means, including fluttering, rotating or set in motion by movement of the atmosphere. This prohibition shall not apply to the hands of a clock, a weathervane, flags, permitted temporary signs, or banner signs.

(4)

Any sign, electronic or digital display, with flashing or intermittent lights, copy or animated digital presentations in motion. This prohibition shall not apply to sign, electronic or digital display that display date, time, temperature, weather, environmental conditions, or other on-site business information, with messages displayed in intervals of at least four (4) seconds. Such signs shall only be permitted when the sign does not constitute a public safety or traffic hazard as determined by the zoning administrator.

(5)

Any sign that is attached to a tree, utility pole or other unapproved supporting structure whether on public or private property, except official notices or announcements.

(6)

Which imitates an official traffic sign or signal, or conflicts with traffic safety needs due to location, color, movement, shape or illumination. This includes the words "stop" or "danger" so as to imply the need or requirement for stopping, or the existence of danger. This provision does not apply when the words are a part of an attraction, title for a theater or similar event or purpose.

(7)

Reserved.

(8)

Which contains or consists of strings of light bulbs, not part of a decorative display but used as a means of attracting attention.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-79, 4-13-99; Ord. No. 23-125, 9-9-08; Ord. No. 23-135, 12-8-09; Ord. No. 23-144, 11-10-11; Ord. No. 23-154, 2-26-13; Ord. No. 23-157, 5-13-14)

The area height and setback requirements of any freestanding signs maybe less restrictive by special use permit by the board of supervisors as specified in section 25-5.8.5 of this chapter.

(Ord. No. 23-66, 10-24-95)

(a)

Adult entertainment establishments shall be permitted to have signs and visible messages based on the allowable sign area of the zoning district in which they are located, provided:

(1)

Sign messages may not include any of the following:

(a)

Adult merchandise;

(b)

Adult entertainment;

(c)

Graphic or pictorial depiction of adult merchandise and/or adult entertainment;

(d)

Specified sexual activities;

(e)

Specified anatomical areas;

(f)

Any person or persons in a nude or semi-nude state of dress; or

(g)

Any graphic or pictorial depiction of a person or persons in a nude or semi-nude state of dress.

(2)

Messages which are visible or intended to be visible from outside the property (such as on or within doors or windows) shall not display any of the following:

(a)

Adult merchandise;

(b)

Adult entertainment;

(c)

Graphic or pictorial depiction of adult merchandise and/or adult entertainment;

(d)

Graphic or pictorial depiction of specified sexual activities;

(e)

Graphic or pictorial depiction of specified anatomical areas;

(f)

Any person or persons in a nude or semi-nude state of dress; or

(g)

Any graphic or pictorial depiction of a person or persons in a nude or semi-nude state of dress.

(b)

Adult merchandise shall not be visible from any point outside the establishment.

(Ord. No. 23-120, 10-9-07)

All structures built and all uses established hereafter shall provide accessory off-street parking in accordance with the following regulations; provided however, in a planned development commercial (PDC) or planned development housing (PDH) zoning district, the provisions of this division shall have general application as determined by the zoning administrator and such modifications provided for in mixed use (MU), section 23-6.28.6.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-171, § 1, 9-26-17)

(a)

All required off-street parking spaces shall be located on the same lot as the structure or use to which they are accessory or on a lot contiguous thereto which has the same zoning classification and is under the same ownership; provided that where there are practical difficulties or if the public safety and/or public convenience would be better served by the location other than on the same lot or on a contiguous lot with the use to which it is accessory, the board of supervisors, acting upon a specific application, may authorize such alternative location subject to the following conditions:

(1)

Such required space shall be located on land in the same ownership as that of the land on which is located the use to which such space is accessory or, in the case of the cooperative provision of parking spaces, as provided in subsection (c) below, in the ownership of at least one of the participants in the combination, and

(2)

Such required space shall be located within five hundred (500) feet walking distance of a building entrance to the use that such space services.

(b)

When required by the provisions of the Virginia Uniform Statewide Building Code (VUSBC), off-street parking spaces and related access aisles and accessibility routes for handicapped persons shall be provided in accordance with the VUSBC. The number of parking spaces for the handicapped shall be included in the required number of parking spaces. Each such parking space shall be identified by an above grade sign indicating parking for the handicapped only and conforming to the design and content specifications of the VUSBC and the Spotsylvania County Design Standards Manual (DSM).

(c)

Required off-street parking spaces may be provided cooperatively for two (2) or more uses, subject to arrangements that will assure the permanent availability of such spaces to meet joint-use demand based on required parking as established in the off-street parking table in section 23-5.9.3., Minimum required parking spaces. The amount of such combined space shall equal the sum of the amounts required for the separate uses, except that the zoning administrator may reduce the total number of parking spaces required by strict application of said requirements when it can be determined that the same spaces may adequately serve two (2) or more uses by reason of the hours of operation of such uses.

(d)

Except as may be qualified elsewhere in this chapter, off-street parking spaces that are located on the ground and are open to the sky may be located in any required yard but not nearer to any front lot line than ten (10) feet.

Except as may be qualified elsewhere in this chapter, parking structures and carports shall be subject to the minimum yard requirements applicable in the zoning district in which located; except parking structures that are completely underground may be located in any required yard, but not closer than one (1) foot to any lot line.

(e)

All off-street parking facilities shall be used solely for the parking of vehicles in operating condition by patrons, occupants or employees of the use to which such parking is accessory.

No motor vehicle repair work except emergency service shall be permitted in association with any required off-street parking facilities.

(f)

All off-street parking spaces shall be provided with safe and convenient access to a street. If any such space is located contiguous to a street, the street side thereof shall be curbed, and ingress and egress shall be provided only through driveway openings through the curb of such dimension, location and construction as may be approved by the zoning administrator considering the DSM, article 5.

(g)

All off-street parking areas, including aisles and driveways, except those required for single-family detached dwellings, shall be constructed and maintained with a dustless surface.

In accordance with the terms of the Code of Virginia, § 15.2-2286(4), the zoning administrator may approve a modification or waiver of this requirement. Such off-street parking areas, including aisles and driveways, shall be constructed, and maintained in good condition at all times.

(h)

All off-street parking spaces and areas shall comply with the geometric design standards presented in section 23-5.9.4, Parking geometrics standards.

(i)

All parking spaces, except those provided for and on the same lot with single-family detached and attached dwellings, shall be clearly marked and constructed in accordance with VUSBC. This marking shall be accomplished by means of paint striping or in the case of gravel lots through the use of fixed curb stops. Any proposal to re-designate parking space delineations that changes the existing space size, configuration or number, shall require the submission to and approval by the zoning administrator of a plan certified by an engineer or land surveyor authorized by the Commonwealth of Virginia to practice as such. Such plan shall show all off-street parking, related driveways, loading spaces and walkways, indicating type of surfacing, size, angle of stalls, width of aisles and a specific schedule showing the number of parking spaces provided and the number required by the provisions of this article. No plan shall be approved which reduces the number of parking spaces below the minimum number required by this article.

(j)

Parking areas shall not be lighted at any time other than during the same hours that the use to which the parking is appurtenant is open for business, and up to an hour prior to opening and an hour following closing, except for necessary security lighting.

(k)

Parking spaces required on an employee/person basis in the sections that follow shall be based on the maximum number of employees/persons on duty or residing, or both, on the premises at any one time.

(l)

Where a given use or building contains a combination of uses as set forth in the following sections, parking shall be provided on the basis of the sum of the required spaces for each use or in accordance with article 5, division 9, section 2, paragraph (c).

(m)

If there is uncertainty with respect to the amount of parking spaces required by the provisions of this chapter as a result of an indefiniteness as to the proposed use of a building or of land, the maximum requirement for the similar type of use that is involved shall govern.

(n)

Where the required number of parking spaces is not set forth for a particular use in the following sections, and where there is no similar general type of use listed, the zoning administrator shall determine the basis of the number of spaces to be provided.

(o)

The zoning administrator may reduce the total number of parking spaces required by the strict application of the provisions of this division when it has been conclusively demonstrated that circumstances, site design or location do not warrant the number of spaces required and that such reduction will not adversely affect pedestrian or vehicular circulation on the site or on any abutting street.

(p)

Tractor-trailer trucks and refrigerated trucks shall not be permitted to park in approved subdivisions in the residential (1) and residential (2) districts, except when actually making pickups or deliveries.

(q)

Any vehicle located at a dwelling, single-family must be registered with the commissioner of revenue to the physical address of the dwelling, single-family as required by chapter 12, article II, vehicle registration fee of the County Code.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-73, 8-12-97; Ord. No. 23-119, 9-11-07; Ord. No. 23-123, 12-11-07; Ord. No. 23-171, § 1, 9-26-17)

Note 1: Where more than one (1) office bldg. is located on a lot, the parking requirements shall be based on the gfa of each building individually and not on the total gross floor area of all buildings on the lot. For purposes of this provision, buildings connected by structures such as atriums, awnings, breezeways, carports, garages, party walls or plazas shall not be deemed to be one (1) building but rather a collection of multiple buildings depending on how many are connected in such a way.

Note 2: The shopping center off-street parking requirement set forth in the minimum required parking spaces table above shall be applicable to all uses in a shopping center, except the area occupied by theaters with more than two thousand (2,000) seats. An additional three-tenths (0.3) space shall be provided for each seat above two thousand (2,000) seats. The zoning administrator may reduce the overall required parking requirements by the percentage of gross floor area of the enclosed pedestrian walkway, excluding any area within the enclosed pedestrian walkway that is leased.

Note 3: Alternative standards may be accepted as determined by the zoning administrator based on a review of each proposal to include such factors as: the number of spaces required to accommodate employees; public use vehicles anticipated to be on-site that can be used for auxiliary parking in times of peak demand. In no instance, however shall the number of spaces required for government office use be less than that required herein for general office use.

Note 4: The number of spaces required may be reduced by up to fifty (50) percent if the use is located within five hundred (500) feet of any public parking lot or any commercial parking lot where sufficient spaces are available by permission of the owners without charge, during the time of service to make up the additional spaces required.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-72, 4-22-97; Ord. No. 23-73, 8-12-97; Ord. No. 23-109, 12-14-04; Ord. No. 23-171, § 1, 9-26-17; Ord. No. 23-180, § 2, 7-28-20; Ord. No. 23-181, § 1, 7-27-21)

(a)

Parallel parking spaces. There shall be three (3) major layouts for off-street parking.

PARALLEL PARKING DIMENSIONS

(b)

Universal size parking dimensions. Required off-street parking shall be consistent with the following universal size parking dimensions below:

(Ord. No. 23-171, § 1, 9-26-17)

All structures built and all uses established hereafter shall provide accessory off-street loading spaces in accordance with the following regulations; provided, however, in a planned development commercial (PDC), planned development housing (PDH), mixed use (MU), village (V) district, the provisions of this division shall have general application as determined by the zoning administrator.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-171, § 3, 9-26-17)

(a)

All required off-street loading spaces shall be located on the same lot as the use served; provided that the zoning administrator may waive such location requirement in those instances where the provisions of subsection (b) are satisfied.

(b)

Required off-street loading spaces may be provided cooperatively for two (2) or more uses, subject to a private scheduling agreement between the two (2) parties that will assure the permanent availability of such spaces for each individual use. If the required number of off-street loading spaces is not the same for both uses, the use requiring the greater number of spaces shall control.

(c)

No loading space or berth shall be located in a required front yard.

(d)

All off-street loading space shall be provided with safe and convenient access to a street. If any such space is located contiguous to a street, the street side thereof shall be curbed, and ingress and egress shall be provided only through driveway openings through the curb of such dimension, location and construction as may be approved by the zoning administrator in accordance with the VUSBC and the county design standards manual (DSM).

(e)

All off-street loading areas, including aisles and driveways, shall be constructed and maintained with a dustless surface.

In accordance with the terms of the Code of Virginia, § 15.2-2286(4), the zoning administrator may approve a modification or waiver of this requirement on a temporary basis for a period not to exceed two (2) years. During any such period of modification or waiver, such off-street loading areas, including aisles and driveways, shall be constructed, graveled and maintained in good condition at all times.

(f)

All required off-street loading spaces shall be no less than fifteen (15) feet wide, twenty-five (25) feet long and fifteen (15) feet high, except that where one (1) such loading space has been provided, any additional loading space lying alongside, contiguous to, and not separated from such first loading space need not be wider than twelve (12) feet.

(g)

Where a given use or building contains a combination of uses as set forth in the following section, loading facilities shall be provided on the basis of the sum of the required spaces for each use.

(h)

If there is uncertainty with respect to the amount of loading space required by the provisions of this division as a result of an indefiniteness as to the proposed use of a building or land, the maximum requirement for the general type of use that is involved shall govern.

(i)

Uses for which off-street loading facilities are required by this Division, but which are located in buildings that have a gross floor area that is less than the minimum above which off-street loading facilities are required, shall provide at minimum of one (1) off-street loading space.

(j)

Where the required number of off-street loading spaces is not set forth for a particular use in the following section, the zoning administrator shall base the number of spaces to be provided on a similar type of use as established in section 23-5.10.4.

(k)

Loading spaces shall not impede traffic circulation, including bicycle, pedestrian and vehicular.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-171, § 3, 9-26-17)

Minimum off-street loading spaces accessory to the uses hereinafter designated in section 23-5.10.4 shall be provided in accordance with the following off-street loading standards schedule:

Standard A: One (1) space for the first five thousand (5,000) square feet of gross floor area, plus one (1) space for each additional thirty thousand (30,000) square feet or major fraction thereof.

Standard B: One (1) space for the first ten thousand (10,000) square feet of gross floor area, plus one (1) space for each additional fifteen thousand (15,000) square feet or major fraction thereof.

Standard C: One (1) space for the first ten thousand (10,000) square feet of gross floor area, plus one (1) space for each additional twenty thousand (20,000) square feet or major fraction thereof.

Standard D: One (1) space for the first ten thousand (10,000) square feet of gross floor area, plus one (1) space for each additional twenty-five thousand (25,000) square feet or major fraction thereof.

Standard E: One (1) space for the first ten thousand (10,000) square feet of gross floor area, plus one (1) space for each additional thirty thousand (30,000) square feet or major fraction thereof.

Standard F: One (1) space for the first ten thousand (10,000) square feet of gross floor area, plus one (1) space for each additional one hundred thousand (100,000) square feet or major fraction thereof.

Standard G: One (1) space for the first twenty-five thousand (25,000) square feet of gross floor area, plus one (1) space for each additional one hundred thousand (100,000) square feet or major fraction thereof.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-171, § 3, 9-26-17)

(Ord. No. 23-66, 10-24-95; Ord. No. 23-171, § 3, 9-26-17)

All drive-in uses established hereafter shall provide accessory off-street stacking spaces in accordance with the following regulations.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-171, § 4, 9-26-17)

(a)

All required off-street stacking spaces shall be located on the same lot as the use served; provided that the zoning administrator may waive such location requirement in those instances where the provisions of subsection (b) are satisfied.

(b)

Required off-street stacking spaces may be provided cooperatively for two (2) or more uses, subject to a private scheduling agreement between the two parties that will assure the permanent availability of such spaces for each individual use. If the required number of off-street stacking spaces is not the same for both uses, the use requiring the greater number of spaces shall control.

(c)

No stacking space shall be located in a required front yard.

(d)

All off-street stacking spaces shall be provided with safe and convenient access to a street. If any such space is located contiguous to a street, the street side thereof shall be curbed, and ingress and egress shall be provided only through driveway openings through the curb of such dimension, location and construction as may be approved by the zoning administrator in accordance with the county DSM.

(e)

All off-street stacking areas, including aisles and driveways, shall be constructed and maintained with a dustless surface. In accordance with the terms of the Virginia Code § 15.2-2286(4), the zoning administrator may approve a modification or waiver of this requirement on a temporary basis for a period not to exceed two (2) years. During any such period of modification or waiver, such off-street stacking areas, including aisles and driveways, shall be constructed, graveled and maintained in good condition at all times.

(f)

All off-street stacking areas shall be no less than nine (9) feet wide and eleven (11) feet long.

(g)

If there is uncertainty with respect to the amount of stacking space required by the provisions of this division as a result of an indefiniteness as to the proposed use of a building or land, the maximum requirement for the similar type of use that is involved shall govern.

(h)

Required stacking spaces shall not impede, conflict or block pedestrian access to any public entrance of a building and shall not impede, conflict or block traffic circulation, including bicycle, pedestrian and vehicular.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-171, § 4, 9-26-17)

Minimum off-street stacking spaces accessory to the uses hereinafter designated shall be provided in accordance with the following schedule:

(Ord. No. 23-66, 10-24-95; Ord. No. 23-171, § 4, 9-26-17)

The purpose of this division is to make provision for outdoor lighting systems and luminaires that are complementary and respectful to business interests, public and property safety and enjoyment, and considerate of interests to maintain flexibility and accommodation of changing lighting technologies over time. The following outdoor lighting regulations are intended to employ night sky friendly principles, whereby reducing impacts of "light pollution", protection of the public welfare by controlling the spillover of light onto adjacent residential properties, and protecting the public safety by preventing glare and/or distraction from outdoor luminaires. To effectuate this, these regulations set standards for the direction of light emitted from certain luminaires, and limit the intensity of light on certain adjacent properties, as provided herein.

(Ord. No. 23-164, 9-13-16)

Unless otherwise exempted in section 23-5.12.3, these outdoor lighting regulations shall apply to each outdoor luminaire installed or replaced after the date of adoption of these regulations which is:

a.

Located on property with a commercial, office, industrial or other land uses, except for exemptions as established in section 23-5.12.3.

For each outdoor luminaire subject to these outdoor lighting regulations, compliance prior to installation shall be determined from the information provided by a lighting matrix submitted as part of a commercial application to the zoning office for sight lighting permit, the manufacturer of the lamp including, but not limited to, information on the lamp or on the lamp's packaging materials or manufacturer technical lighting specifications.

(Ord. No. 23-164, 9-13-16)

The following outdoor lighting and related acts shall be exempt from the requirements of these outdoor lighting regulations:

a.

Lighting, not subject to this chapter by state or federal law;

b.

Lighting required by federal, state, or other government agencies, including but not limited to FAA required lighting of communication towers or airports;

c.

Construction, agricultural, special event, emergency or holiday decorative lighting, provided that the lighting is temporary, and is discontinued within seven (7) days upon completion of the project or holiday for which the lighting was provided;

d.

Lighting of any flag;

e.

Security lighting controlled by sensors;

f.

The replacement of an inoperable lamp or component which is in a luminaire that was previously installed in compliance with this division as it existed at the time of the installation or installed prior to the adoption of this division;

g.

The replacement of a failed or damaged luminaire which is one of a matching group serving a common purpose;

h.

Single family detached or single family attached uses. However, this exemption does not apply to residential street lights, community centers or club houses and their accessory uses.

(Ord. No. 23-164, 9-13-16)

(1)

Except as provided in section 23-5.12.3, each outdoor luminaire subject to these outdoor lighting regulations shall be a full cutoff or fully shielded luminaire.

(2)

All outdoor lighting for nonresidential property or uses adjacent to residential property or uses shall be designed and located such that the maximum illumination, measured in footcandles at the property line shall not exceed five-tenths (0.5) footcandles.

(3)

All lighting from nonresidential uses shall be located, screened or shielded so that adjacent residential lots and adjacent roads are not directly illuminated.

(4)

When adjacent to or abutting residential property or uses, nonresidential parking areas shall not be lighted at any time other than during the same hours that the use to which the parking is appurtenant is open for business, except for necessary security lighting.

(5)

Parking areas not adjacent to or abutting residential property or uses shall not be lighted at any time other than during the same hours that the use to which the parking is appurtenant is open for business, and up to thirty (30) minutes prior to open, and/or following closing, except for necessary security lighting.

(Ord. No. 23-164, 9-13-16)

(1)

Any permanently mounted lighting consisting of neon or argon lighting, exposed tubing, rope lighting, or strings of lights, outlining any door or window which is visible from the exterior of any non-residential or mixed-use building shall be prohibited;

(2)

Any fixtures that imitate official highway or traffic control lights shall be prohibited;

(3)

Any fixtures in the direct line of sight or blocking a traffic control light shall be prohibited;

(4)

Any search lights, except those permitted in conjunction with a temporary use or special event permit, or necessary for public safety, shall be prohibited.

(Ord. No. 23-164, 9-13-16)

In the village, office, commercial and industrial zoning districts all utility lines, such as electric, telephone, cable television (CATV), or other similar lines shall be placed underground. This requirement shall apply to lines that provide service to an end user, individual lot, parcel, or provide service within a planned development. This provision shall not include those lines which deliver service to an area larger than an individual parcel or project area.

(Ord. No. 23-73, 8-12-97)

A.

As used in this section:

"Child day center" has the same meaning as set forth in Virginia Code § 22.1-289.02, as that section may be amended from time to time.

"Hemp product intended for smoking" has the same meaning as set forth in Virginia Code § 3.2-4112, as that section may be amended from time to time.

"Nicotine vapor product" has the same meaning as set forth in Virginia Code § 58.1-1021.01, as that section may be amended from time to time.

B.

Any retail sales location on property within 1,000 linear feet of a child day center, or a public, private, or parochial school, is prohibited from selling nicotine vapor products or hemp products intended for smoking. This ordinance does not affect (i) a licensee holding a valid license under Virginia Code § 4.1-206.3 or (ii) any retail sale location of nicotine vapor products or hemp products intended for smoking operating before December 10, 2024.

C.

Method of measurement. Measurements made to verify compliance with subsection (B) above shall be made on the County's GIS system, measuring from the above-mentioned locations to the nearest point on the lot line of the parcel on which the retail sales location is located. Measurement must be in a straight line, without regard to intervening structures or objects. Where a retail sales location is located in a shopping center, the measurement shall be from the outer walls of the unit or space in which the retail sales location is located.

(Ord. No. 23-189, § 5.14, 12-10-2024)

State Law reference— Code of Virginia, § 15.2-912.4.