The incorporated areas of the Town of Warsaw are divided into the following base and overlay districts: (Amended 01/30/03 to be effective July 1, 2003)

(Ord. of 8-8-2013)

All lands existing within the Town are situated within a base zoning district and are shown on the Official Zoning Map and as listed above, and as described within Article 3, and shall be subject to applicable provisions of that district. In addition, certain lands may be situated within one or more of the overlay zoning districts listed above and as described within this Article, and shall also be subject to applicable provisions of the overlay district(s) where a certain property may be so situated that it lies within both a base zoning district and one or more overlay zoning districts, the regulations and standards of both the base and overlay zoning district(s) shall be applicable to the development and use of such property. Where specific regulations or standards regarding a property so situated may conflict, the more restrictive regulation or standard shall be applicable.

a.

Limited Residential District (R-1).

This base district is composed of certain quiet, low-density residential areas plus certain open areas where similar residential development will occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where there are children, and to prohibit all activities of a commercial nature. To these ends, development is limited to relatively low concentrations and permitted uses are limited basically to single unit dwellings providing homes for the residents plus certain additional uses such as schools, parks, churches, and certain public facilities that serve the residents of the district.

b.

Residential/Office (R-12)(Amended 01/30/03 to be effective July 1, 2003).

This district, located between residential and commercial uses and adjacent to vacant lands where similar development is likely to occur, is characterized by an existing pattern of residential dwellings located on heavily traveled roads. The regulations for this district are designed to provide for the continuing utilization of structures for residential purposes, encourage existing residential structures to remain in place thereby maintaining the residential quality of these areas, particularly as viewed from vehicular rights-of-way, while allowing these structures to be reused for quiet, residentially compatible uses such as professional offices, institutional uses, and home occupations, and allowing new residential and residentially compatible construction on infill parcels and upon adjacent vacant lands. Residential development is restricted to a maximum of 12 units per acre in this District. Residential development is not intended to change the character of existing residential neighborhoods as a consequence of density. This district is not intended for traffic and nuisance generating commercial and industrial uses[.]

b-1.

High Density Residential Development (R-18).

This District is characterized by largely undeveloped areas, where higher density Residential development could occur without affecting existing residential neighborhoods. This area should be close to shopping, commercial areas and services. Development within this area is limited to a maximum of 18 units to the acre. (Amended 01/30/03 to be effective July 1, 2003)

c.

Limited Commercial District (C-1).

This base district covers that portion of the community intended for the conduct of business to which the public requires direct and frequent pedestrian and vehicular access, but which is not characterized either by constant heavy trucking other than stocking and delivery of light retail goods, or by any nuisance factors other than occasioned by incidental light and the noise of congregating people and passenger vehicles. This includes such uses as retail stores, banks, theaters, business offices, newspaper offices, and restaurants and taverns positioned in close proximity to one another. New land use activities will consist primarily of the reuse of existing structures and infill construction which maintain and enhance the positive characteristics associated with the traditional mixed use, pedestrian scale of the downtown shopping district.

d.

General Commercial District (C-2).

This base district covers that portion of the community intended for the conduct of general business to which the public requires direct and frequent access, primarily by automobile. This district allows a wide range of retailing and service uses necessary to support the needs of the region in which the Town is located. The necessary development of expansive on site parking lot areas characteristic of suburban commercial shopping districts is a predominant feature of the uses permitted in this district. It is the intent of this Ordinance to minimize the impact of traffic associated with uses in this district on the necessary development of expansive on site parking lot areas characteristic of suburban commercial shopping districts is a predominant feature of the uses permitted in this district. It is the intent of this Ordinance to minimize the impact of traffic associated with uses in this district on the quality of life of the Town and minimize the appearance of these parking areas so development within this district will have a quality which is as reflective of the small scale, pedestrian oriented town as is possible.

dd.

Commercial and Light Industrial C-3.

1.

Purpose and Intent:

(a)

The Commercial and Light Industrial zoning district is designed to permit a combination of commercial (primarily nonretail) uses with light industrial. Limited retail in conjunction with permitted uses and retail uses which provide service are permitted.

(b)

The primary purpose of this zoning district is to provide a location for light industrial use and commercial which are not downtown shopping areas or suburban shopping centers or manufacturing.

(c)

The town's Comprehensive Plan envisioned a zoning district which allowed for mixed use zoning which was a combination of the Manufacturing (M-1) and Commercial (C-2) zoning districts. It was evident that there were certain uses that were neither M-1 nor C-2 that were desirable and appropriate within town but had no appropriately created zoning district.

2.

Size and Location:

a.

C-3 zoning Districts shall contain no fewer than five (5) acres and shall be located along a major arterial or major collector roadway. The area should be located in areas that can be served by public water and sewer systems.

b.

Contiguous additions shall be allowed if the applicant demonstrates that the addition is integrated with the district that was previously approved.

3.

Buffering: Buffers shall be provided in accordance with Development Management Ordinance Section 4-11. Buffers shall be a minimum of ten (10) wide adjacent to all commercial and manufacturing zoning districts and twenty-five feet wide adjacent to residential.

e.

Industrial District (M-1).

This base district is established to provide opportunities for employment generators which are desired, are situated collectively in accessible and suitable nodes of activity and blend in with, rather than supplant, the small town environment of Warsaw. This district is designed to:

-

Provide locational opportunities for industries with high growth which are likely to be attracted to the Town;

-

Provide development sites for small, medium, and large-sized industrial firms in environments conducive for business and industrial activity;

-

Assist the Town by attracting new employment opportunities;

-

Expand the fiscal capacity of the Town by broadening the tax base;

-

Ensure the compatible operation of productive activities and community growth;

-

Contribute positively to community appearance; and protect and foster adjacent residential desirability while permitting industries to locate near a labor supply;

-

Respect the character of the community.

f.

Chesapeake Bay Preservation Overlay District (CBPA).

This overlay district is intended to protect existing high quality state waters, restore all other state waters to a condition or quality that will permit all reasonable public uses and will support the propagation and growth of all aquatic life, including game fish, which might reasonably be expected to inhabit them, safeguard the clean waters of the Commonwealth from pollution, prevent any increase in pollution, reduce existing pollution, and promote water resource conservation in order to provide for the health, safety, and welfare of the present and future citizens of the Town of Warsaw.

g.

Traditional Town Overlay District (TT).

This overlay district is intended to encourage innovative and creative mixed use and/or higher density development of the highest quality. The plan of development will carefully incorporate a mix of residential, commercial, and office uses or consist of higher density residential development. The plan will respect the existing development in the area and maintain and encourage the existing small scale pedestrian character of the Town, promote high standards of design and construction, and implement the goals and objectives of the Comprehensive Plan. The TT overlay district covers all lands zoned R-1, R-2, C-1 and C-2.

(Ord. of 8-8-2013)

The Town of Warsaw is divided into districts depicted on a map entitled "Zoning Map of The Town of Warsaw, Virginia" which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Ordinance.

The official zoning map shall be identified by the signature or the attested signature of the Mayor of the Town Council, together with the date of adoption of this Ordinance. Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the Warsaw Town Office, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in The Town of Warsaw.

Whenever any amendment is made to the zoning map by action of the Town Council, such change shall be incorporated onto the zoning map at a time and in the manner as the Town Council may prescribe. Said changes shall be validated with reference to correct notation by the Clerk of the Council, who shall affix their signature thereto, thereby certifying that approved amendments to the zoning map have been correctly incorporated. The date of official action and nature of the change shall be entered on the map. Any such change shall have the effect of law 12:01 a.m., on the day following its legal adoption or on its effective date, if officially established as other than on the day following its legal adoption, whether or not it has been shown on the zoning map.

No changes of any nature shall be made to the zoning map or any matter shown thereon except in conformity with the procedures and requirements of this Ordinance. It shall be unlawful for any person to make unauthorized changes on the zoning map.

In construing the official zoning map, the following rules shall apply:

Where district boundaries appear to follow mapped center lines of streets, alleys, easements, waterways and the like, they shall be construed as following such center lines as exist on the ground except where the variation of actual location would change the zoning status of a lot or parcel or portion thereof, in which case the boundary shall be interpreted in such a manner as to avoid changing the zoning of any lot or parcel or portion thereof. In case of closure of a street or alley, or vacation of an easement, the boundary shall be construed as remaining at its location unless ownership of the closure or vacation area is divided other than at the center, in which case the boundary shall be construed as moving to correspond with the ownership, but not beyond any previous right-of-way or easement line. In the case of movement of any waterway, the boundary shall be construed as remaining at its location.

Where district boundaries appear to follow street, lot, property or other edge lines, they shall be construed as following such lines.

District boundaries which appear parallel or perpendicular to, or as extensions of or connecting center lines, edge lines, or other features shown on the map shall be so construed.

Where dimensions are not otherwise indicated on the zoning map, the scale of the map shall govern.

Where areas appear to be unclassified on the zoning map, and classification cannot be established by rules set forth herein, such areas shall be considered to be classified as determined by the Town Manager until amending action, if any, is taken by Town Council.

Where application of the rules set forth above fails to establish the location of boundaries with sufficient accuracy for the purposes of these regulations, the Town Manager shall determine the location, provided that no such interpretation shall be such as to divide a lot which was previously and apparently undivided by a district boundary.

Where territory is added to the jurisdictional area of the Town, the outbound zoning boundaries of the Town shall be considered to have moved with the jurisdictional area boundary.

The regulations set by this Article within each district shall be minimum or maximum limitations as appropriate to the case and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be constructed except in conformity with all of the regulations herein as specified for the district in which it is located. No variance shall be granted by the Zoning Board of Appeals with regard to use and density provisions. Any modification of the use and density provisions may be accomplished only through a rezoning of the property in question or an amendment to this Article; both of which are approved by the Town Council, or by the granting of a plan of development approval as provided by Section 3-5-2 (TT overlay district).

Exhibit 5 depicts those land uses permitted by right subject to plan of development approval and those uses conditionally permitted in accordance with the provisions of this Article. The uses permitted or conditionally permitted in the base zoning district underlying the CBPA Overlay Zoning District are the permitted uses underlying the CBPA. The permitted or conditionally permitted uses of the TT Overlay District supersede and replace the uses of the underlying base zoning district if the TT Overlay District is actuated.

EXHIBIT 5
PERMITTED AND CONDITIONALLY PERMITTED USES BY ZONING DISTRICT

(Ord. of 8-8-2013; Min. of 10-12-2017; Min. of 4-12-2018)

Uses not specifically permitted in any district established by this Article shall not be allowed. Persons desiring inclusion in the Zoning Ordinance of a use not specifically permitted shall apply for an amendment to the Zoning Ordinance following the provisions of Section 2-1-2B. The Town Manager, acting as Zoning Administrator, reserves the right to consult with the Planning Commission, prior to making any determination relative to the permissibility of a proposed use.

No building or other structure shall hereafter be erected or altered to exceed the height, bulk or area requirements of this Article. Exhibit 6 depicts the minimum lot area, lot dimension, yard requirements and height limitations for use within each zoning district.

EXHIBIT 6
SCHEDULE OF BULK AND AREA REQUIREMENTS

FOOTNOTES

1.

SPECIAL PROVISIONS FOR CORNER LOTS The side yard on the side facing the side street shall be thirty (30) feet or more from the street right-of-way for both main and accessory building. For subdivisions platted after the enactment of this ordinance, each corner lot shall have a minimum width at the setback line of ninety (90) feet or more.

2.

HEIGHT REGULATIONS Buildings may be erected up to the height indicated measured from grade, except that: The height limit for buildings may be increased ten (10) feet and up to three (3) stories provided there are two (2) side yards for each permitted use, each of which is ten (10) feet or more plus one (1) foot or more of side yard for each additional foot of building height over thirty-five (35) feet.

A public or semipublic 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.

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antenna, and radio aerials are exempt. Parapet walls may be up to four (4) feet above the height of the building on which the walls rest.

3.

MINIMUM LOT SIZE FOR LOTS SERVED BY PUBLIC WATER AND SEWER.

4.

MINIMUM LOT SIZE FOR LOTS SERVED BY PUBLIC WATER AND AN INDIVIDUAL SEWERAGE DISPOSAL SYSTEM.

5.

MINIMUM LOT SIZE FOR LOTS SERVED BY INDIVIDUAL WATER AND SEWAGE DISPOSAL SYSTEMS.

6.

MINIMUM YARD ONLY WHEN THE YARD IS ADJACENT TO PROPERTY ZONED R-1 OR R-2.

7.

THE MINIMUM FRONT YARD SETBACK FROM A VEHICULAR RIGHT-OF-WAY MAY ALSO BE CALCULATED BY TAKING THE AVERAGE SETBACK OF THE STRUCTURES ON THE LOTS TO EITHER SIDE OF THE PARCEL IN QUESTION FOR INFILL DEVELOPMENT IN THOSE SITUATIONS WHERE THE AVERAGE ESTABLISHED SETBACK IS LESS THAN THE MINIMUM FRONT YARD SETBACK STIPULATED IN THIS EXHIBIT. HOWEVER, WHERE THERE IS A STIPULATED MINIMUM FRONT YARD SETBACK REQUIREMENT, THE AVERAGE FRONT YARD SETBACK SHALL NEVER BE LESS THAN ONE-HALF OF THE REQUIRED MINIMUM FRONT YARD SETBACK.

No part of a yard, required in connection with any building for the purpose of complying with this Ordinance, shall be included as part of a yard similarly required for any other building.

No lot or lot area existing at the time this Ordinance becomes effective shall be reduced in dimension or area below the minimum requirements set forth herein. Lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.

No yard existing at the time this Ordinance becomes effective shall be reduced in dimension below the minimum requirements set forth herein. Unless excepted by Exhibit 6, all yards created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.

Except for permitted accessory buildings, a required yard shall be open and free from any building. A bay window which is not more than ten (10) feet wide may extend no more than (3) feet into a required front, side or rear yard. The ordinary projections of chimneys and flues may extend into a required yard. Additionally, mechanical or HVAC equipment may be located in a required side or rear yard, but on corner lots shall not project beyond the required side yard on any street side of the corner lot.

Accessory uses and structures shall be permitted in any zoning district, unless qualified herein, but only in connection with, incidental to, and on the same lot with a principal use or structure which is permitted within such district.

a.

Accessory Uses Permitted in Conjunction with Residential Uses The following accessory uses shall be permitted in conjunction with residential uses:

(1)

An accessory detached dwelling unit which is positioned within the rear yard at least ten (10) feet from a property line and is clearly accessory in size to and architecturally compatible with the principal dwelling. An accessory detached dwelling unit may only be created or continued in use so long as it or the principal dwelling is occupied by the lot owner. Accessory dwelling units shall not be counted toward the total permitted lot yield.

(2)

Antenna structures for radio, television, and other noncommercial purposes subject to the following provisions:

A freestanding antenna which does not exceed fifty (50) feet in height shall be permitted only on a lot which is in excess of two (2) acres in size.

A satellite dish antenna provided it does not exceed twelve (12) feet in diameter and fifteen (15) feet in height, is located in a rear yard only and no part of a dish antenna shall be closer than fifteen (15) feet to any lot line. These provisions shall not apply to any dish antenna used by a cable company possessing a valid franchise issued by the Warsaw Town Council.

(3)

Barns or other structures that are customarily associated with an agricultural use present on the property.

(4)

Carports, garages, utility sheds, and similar storage facilities customarily associated with residential living.

(5)

Child's playhouse, without plumbing.

(6)

Doghouses, pens, or similar structures for the housing of not more than four (4) commonly accepted domestic animals over the age of six (6) months. The keeping of more than four (4) such animals over the age of six (6) months shall be deemed a private kennel.

(7)

Home occupations as permitted and regulated in Section 3-4-10.

(8)

Parking or storage of small cargo or utility trailers, recreational vehicles and similar equipment, including, but not limited to, boats, boat trailers, motor homes, tent trailers and horse vans, provided such equipment shall not be used for living, housekeeping or business purposes when parked or stored on the lot. The wheels or other transporting devices shall not be removed except for necessary repairs and/or seasonal storage, and storage shall not be permitted within the front yard setback.

(9)

Outdoor recreational facilities such as swimming pools, tennis courts, basketball courts, private boat docks, piers or boat houses, provided that the use of such facilities shall be limited to the occupants of the premises and guests for whom no admission or membership fees are charged.

(10)

Fences or walls provided that:

-

Fences or walls located in rear yards shall not exceed six (6) feet in height;

-

Fences or walls located in front or side yards shall not exceed four (4) feet in height, provided however, that a fence not exceeding six (6) feet in height may be extended from the rear yard into any side yard only if a side entrance exists and then only to a point not more than five (5) feet beyond any side entrance to the main residential building;

-

Electrical fences and fences using barbed wire shall be prohibited in residential areas. "Invisible" fences for pet control are permitted.

The above fence and wall standards shall not be deemed to prohibit any fences or walls which may be required for screening, security or safety purposes by other sections of this Ordinance; and the above provisions notwithstanding, the Town Manager may authorize the erection of a fence not exceeding eight (8) feet in height in a rear yard or in a side yard area, but not closer to the front of the lot than the front of the principal building, when such fence is determined to be necessary, in the opinion of the Town Manager, for purposes of screening views from or into windows located on the side of the subject residence or for rear yard privacy purposes. In addition to the above, such privacy fences not exceeding eight (8) feet in height may be extended further into a side or front yard area when considered necessary in the opinion of the Town Manager to provide screening for existing residential development.

(11)

Roadside sales of produce provided that such operations shall be limited to the sale or produce grown or raised on the premises and shall provide off-street parking for not less than two (2) vehicles.

(12)

Yard/garage sales subject to the following provisions:

-

Items offered for sale shall be limited to those which are owned by an occupant of the premises or authorized participants and which are normally and customarily used or kept on a residential premises. Such items shall not have been specifically purchased or crafted for resale.

-

Participation in such sale shall be limited to the occupant of the premises and not more than four (4) non-occupants. For the purpose of this section, participation shall be construed to mean the offering for sale of items owned by an occupant or participating non-occupant, whether or not that individual is physically present on the premises during the conduct of such sale.

-

Such sales shall be limited to two (2) in any given calendar year. The duration of any single sale shall not exceed three (3) consecutive days.

(13)

Craft sales/shows subject to the following provisions:

-

Items offered for sale shall be limited to those which have been made or crafted by the participants as a hobby or a vocation as distinguished from items which are made in the conduct of a home occupation[;]

-

Participation in such sales/shows shall be limited to an occupant of the premises and not more than four (4) non-occupants. For the purposes of this section, participation shall be construed to mean the offering for sale of items made or crafted by an occupant or participating non-occupant, whether or not that individual is physically present on the premises during the conduct of such sale or show;

-

Not more than one (1) such sale/show shall be conducted on a premises in any given calendar year. For the purposes of this section, the duration of any sale/show event shall be limited to five (5) days within a period of ten (10) consecutive days;

-

Such sales and show may be conducted only upon authorization by the Town Manger by the issuing of a Temporary Special Permit. The Town Manager shall make his determination with respect to approval or denial of said application within ten (10) working days of its submission and shall consider the following in making said determination:

—

The proposed location of the sale and the probable impact on adjacent land uses;

—

The ability of the structure in which such sale will be conducted to accommodate safely the numbers of persons likely to patronize such event;

—

The ability of the streets in the immediate vicinity of such residential property to accommodate adequately and safely the traffic and parking demand anticipated to be associated with such an event without disruption to normal traffic circulation and emergency access needs.[;]

—

In the event the Town Manager determines that the conduct of such craft sale or show at the proposed location would adversely affect the surrounding land uses, the normal and essential traffic circulation needs of the immediate vicinity, or the safety and welfare of participants, patrons or the general public, the application for the temporary special permit shall be denied.

(14)

Farm animals (such as cows, pigs, hogs, goats, sheep, mules, and other livestock, chickens and other fowl, bees, and similar utilitarian animals) shall not be permitted.

Horses may be permitted provided that residential lots shall be at least three (3) acres for the first horse and for each additional horse, one additional acre must be provided.

b.

Accessory Buildings on Residential Lots.

Accessory buildings on residential lots:

-

Shall not exceed twenty-four (24) feet in height, and shall not contain more than one and one-half (1½) stories, but in no case shall it exceed the height of the main building.

-

Shall not occupy more than thirty percent (30%) of the rear yard area in residential areas.

-

Shall be located at least three (3) feet from side lot lines, and at least five (5) feet from rear lot lines unless regulated by Section 3-4-9a(1) for accessory dwellings in which case a ten (10) feet setback shall be maintained.

-

Shall not be erected on a lot more than one (1) year in advance of the principal building.

-

Structures attached to a principal building by any wall or roof construction, or located within ten (10) feet of any principal building, shall be considered a part of the principal building and shall observe all yard regulations applicable thereto.

c.

Accessory Uses Permitted in Conjunction with Commercial and Industrial Uses.

The following accessory uses shall be permitted in conjunction with commercial and industrial uses:

(1)

Fences or walls provided that:

-

Fences or walls located in side or rear yards shall not exceed eight (8) feet in height.

-

Fences or walls located in front yards shall not be permitted.

The above standards shall not be deemed to prohibit any fences or walls which may be required for screening, security or safety purposes by other sections of this Ordinance.

(2)

Uses intended specifically for the use and benefit of the employees or patrons of the principal use such as snack bars, cafeterias, recreation facilities or similar uses.

(3)

Living quarters for a proprietor, manager, or tenant and his/her family located above a commercial building or living quarters for a watchman or custodian of an industrial establishment.

(4)

Incidental repair, installation or assembly facilities for products or equipment used or sold in the operation of the principal use, unless specifically prohibited under the applicable district regulations.

(5)

Incidental storage facilities for goods and materials offered for retail sale on the premises.

(6)

Motor vehicle fuel dispensing pumps, pump islands, or service kiosks installed for an utilized exclusively by vehicles owned and/or operated by commercial or industrial establishments to which they are accessory.

(7)

Factory outlets and retailing provided the use is clearly incidental to the permitted use and products sold originated at the site.

(8)

Day care or nursery facilities.

(9)

Antenna structures for radio communication purposes or other information or data transfer purposes associated with a business, or industrial operation. Antenna structures in excess of 100 feet in height shall be permitted only by conditional use permit issued by the Town Manager. Satellite dish antennas shall not exceed twelve (12) feet in diameter and fifteen (15) feet in height. Dish antennas shall only be permitted in rear yards and on roofs. No part of a dish antenna shall be closer than five (5) feet to any lot line. When located on a roof, such antenna shall be set back from all edges of the roof a distance equal to or greater than the height of the building. All dish antennas and the construction and installation thereof shall conform with applicable requirements of the United Statewide Building Code. No dish antenna may be installed on a portable or moveable device. These provisions shall not apply to any dish antenna used by a cable company possessing a valid franchise issued by the Town of Warsaw.

(10)

Other uses and structures of a similar nature which are customarily associated with an incidental to commercial or industrial uses.

d.

Location Requirements.

Except where other provisions of this Ordinance require a greater setback, the following requirements shall apply to the location of all accessory uses or structure in residential, commercial and industrial areas.

(1)

With the exception of statues, arbors, trellises, flagpoles, fences, walls or roadside stands, accessory buildings or structures shall not be located closer to the front lot line than the principal building in residential, commercial and industrial areas.

(2)

There shall be no side and rear yard requirements for fences or walls.

(3)

There shall be no rear yard requirement for docks, piers or boathouses, however, a setback of ten (10) feet from side lot lines, or extensions thereof into bodies of water, shall be observed.

(4)

Roadside stands shall be set back at least ten (10) feet from any right-of-way.

a.

General Conditions.

A home occupation is an accessory use of any dwelling unit for gainful employment by the home occupant involving the manufacture, provision or sale of goods and/or services; and conducted in a dwelling unit or in an accessory building on the same lot as the dwelling unit by members of the family residing on the premises. All home occupations shall be subject to the following provisions, unless this Ordinance provides otherwise elsewhere:

(1)

No person other than members of the family residing on the premises shall be engaged on the premises in such operation.

(2)

The home occupation shall be clearly incidental and subordinate to the residential use of the property.

(3)

There shall be no change in the outside appearance of the building or premises or other evidence of the conduct of such home occupation from the street or adjacent properties.

(4)

There shall be no on-premises sales of goods or materials to the general public.

(5)

The home occupation shall not generate traffic, sewerage or water use in excess of that which is deemed acceptable in a residential neighborhood.

(6)

No mechanical or electrical equipment or flammable or toxic substances shall be utilized other than that which would customarily be utilized in the home in association with a hobby or avocation not conducted for gain or profit.

(7)

Any demand for parking generated by the conduct of a home occupation shall not adversely affect the quality of life of adjacent landowners.

(8)

The home occupation shall not require extended alterations, or the outdoor storage or use of machinery or equipment that creates noise, odor, smoke, dust or glare or is dangerous or otherwise detrimental to persons residing in the home or on adjacent property.

b.

Home Occupations Permitted as a Matter of Right.

Permitted home occupations shall include the following as well as similar activities and land uses:

(1)

Artists, sculptors, and photographers.

(2)

Authors and composers.

(3)

Dressmakers, seamstresses, tailors.

(4)

Day care or babysitting for not more than four (4) children.

(5)

Home crafts such as model making, rug weaving, cabinet making, furniture refinishing, or ceramics.

(6)

Office facility of a clergyman.

(7)

Office facility of a resident salesman, sales representative or manufacturer's representative.

(8)

Office facility for resident accountants, architects, artists, brokers, computer programmers, consultants, counselors, dentists, physicians, engineers, lawyers, insurance agents, real estate agents or similar professionals.

(9)

Tutoring, music or voice lessons or similar services for not more than four (4) persons at a single time.

(10)

Food preparation for catering purposes.

(11)

Other activities and uses which the Town Manager determines can be operated in complete accordance with the intent and purpose of this Ordinance.

c.

Home Occupations Permitted by Conditional Use Permit The Town Manager may authorize, by conditional use permit, the following and materially similar types of home occupations subject to the specified conditions.

(1)

Home Occupations with limited on-premises retail sales or personal services such as barber and beauty shops, hobbyists, and other materially similar activities and land uses involving on-premises retail sales and personal services provided that:

All public contact related to such use shall be limited to the period between 8 a.m. and 8 p.m., Monday through Saturday, unless otherwise specified by the Town Manager.

Parking as required shall be provided in addition to those otherwise required for the residential use of the property.

The type and extent of items to be displayed, stored, or sold, or personal services to be offered on the premises shall be specifically stipulated by the Town Manager in authorizing any such use permit. In no case shall the area devoted to sales, storage, display, or conduct of such home occupation exceed 25 percent of the floor area of the residence.

d.

Prohibited Home Occupations.

The following uses shall not be permitted as accessory home occupations:

-

Automobile repair, servicing, salvage or storage.

-

Funeral chapel or funeral homes.

-

Gift shops.

-

Medical or dental clinic or hospital.

-

Restaurant or other eating establishments.

-

Commercial stable or kennel.

-

Veterinary clinic.

-

Contracting business requiring on-site storage of materials and/or construction equipment.

-

Other activities and land uses which the Town Manager determines to be materially similar to the activities listed above.

The use of mobile units and travel trailers within the corporate limits of the Town of Warsaw is prohibited; except in industrial districts (Limited M-1) where such use is permitted with a conditional use permit issued in accordance with DMP-b (Section 2-1-2b). Travel trailers may be garaged, parked or otherwise stored within the Town but shall not be used for permanent or temporary occupancy.

a.

Findings of Fact.

The Chesapeake Bay and its tributaries is one of the most important and productive estuarine systems in the world, providing economic and social benefits to the citizens of the Town of Warsaw and the Commonwealth of Virginia. The health of the Bay is vital to maintaining the Town of Warsaw's economy and the welfare of its citizens.

The Chesapeake Bay waters have been degraded significantly by many sources of pollution, including nonpoint source pollution from land uses and development. Existing high quality waters are worthy of protection from degradation to guard against further pollution. Certain lands that are proximate to shorelines have intrinsic water quality value due to the ecological and biological processes they perform. Other lands have severe development constraints from flooding, erosion, and soil limitations. With proper management, they offer significant ecological benefits by providing water quality maintenance and pollution control, as well as flood and shoreline erosion control. These land together, designated by the Council of the Town of Warsaw as Chesapeake Bay Preservation Areas (hereinafter "CBPAs"), need to be protected from destruction and damage in order to protect the quality of water in the Bay and consequently the quality of life in the Town of Warsaw and the Commonwealth of Virginia. This section is authorized by sections 10.1-2108, 10.1-2109, 10.1-2111 and 15.1-489 of the Code of Virginia, as amended.

b.

Areas of Applicability.

(1)

The Chesapeake Bay Preservation Area Overlay District shall apply to all lands identified as CBPAs as designated by the Council of the Town of Warsaw and as shown on the Warsaw Chesapeake Bay Preservation Act Delineation Map. The Warsaw Chesapeake Bay Preservation Act Delineation Map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Article.

(a)

The Resource Protection Area includes:

-

Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or tributary streams;

-

A 100-foot vegetated buffer area located adjacent to and landward of the components listed in subsection (a) above, and along both sides of any tributary stream.

(b)

The Resource Management Area shall include all areas of the Town of Warsaw not included in the Resource Protection Area. These areas include land types that, if improperly used or developed, have a potential for causing significant water quality degradation of or diminishing the functional value of the resource Protection Area. The following land categories were considered by the Town of Warsaw in establishing the Resource Management Area: tidal wetlands, floodplains; highly erodible soils, including steep slopes; highly permeable soils; nontidal wetlands not included in the RPA; other lands necessary to protect the quality of state waters at the Town of Warsaw's discretion.

(2)

The Warsaw Chesapeake Bay Preservation Act Delineation Map shows the general location of CBPAs and should be consulted by persons contemplating activities within the Town of Warsaw prior to engaging in a regulated activity.

c.

Use Regulations.

Permitted uses, special permit uses, accessory uses, and special requirements shall be as established by the underlying zoning district, unless specifically modified by the requirements set forth herein.

d.

Lot Size.

Lot size shall be subject to the requirements of the underlying zoning district(s), and/or the provision of the TT Overlay District provided that any lot shall have sufficient area outside the RPA to accommodate an intended development and comply with the performance standards of this ordinance.

e.

Required Conditions.

(1)

All development and redevelopment exceeding 2,500 square feet of land disturbance shall be subject to a plan of development process.

(2)

Development in RPAs may be allowed only if it is water-dependent or constitutes redevelopment.

(3)

A water quality impact assessment shall be required for any proposed development or redevelopment within RPAs and for any development within RMAs when required by the Town Manager because of the unique characteristics of the site or intensity of development, in accordance with the provisions of Section 3-5-1i.

f.

Conflict with other Regulations.

In any case where the requirements of this Article conflict with any other provision of this Ordinance or existing state or federal regulations, whichever imposes the more stringent restrictions shall apply.

g.

Interpretation of Resource Protection Area Boundaries.

(1)

Delineation by the Applicant.

The site-specific boundaries of the Resource Protection Area shall ordinarily be determined by the applicant through the performance of an environmental site assessment, subject to approval by the Zoning Administrator and in accordance with Section 2-2. The Warsaw Chesapeake Bay Preservation Act Delineation Map shall be used as a guide to the general location of Resource Protection Areas.

(2)

Delineation by the Town Manager.

The Town Manager, or his designee, when requested by an applicant wishing to construct a single family residence, may waive the requirement for an environmental site assessment and perform the delineation. The Town Manager may use remote sensing, hydrology, soils, plant species, and other date, and consult other appropriate resources as needed to perform the delineation.

(3)

Where Conflict Arises Over Delineation.

Where the applicant has provided a site-specific delineation of the RPA, the Town Manager, or his designee, will verify the accuracy of the boundary delineation. In determining the site-specific RPA boundary, the Town Manager may render adjustments to the applicant's boundary delineation, in accordance with Section 2-2. In the event the adjusted boundary delineation is contested by the applicant, the applicant may seek relief, in accordance with the provisions of Section 2-4.

h.

Performance Standards.

(1)

Purpose and Intent.

The performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxins, and maximize rainwater infiltration. Natural ground cover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters stormwater runoff. Minimizing impervious cover enhances rainwater infiltration and effectively reduces stormwater runoff potential.

The purpose and intent of these requirement are also to implement the following objectives: prevent a net increase in nonpoint source pollution from new development; achieve a 10% reduction in nonpoint source pollution from redevelopment; and achieve a 40% reduction in nonpoint source pollution from agricultural uses.

(2)

General Performance Standards for Development and Redevelopment.

(a)

Land disturbance shall be limited to the area necessary to provide for the desired use or development as follows:

In accordance with an approved site plan, the limits of land disturbance, including clearing or grading shall be strictly defined by the construction footprint. These limits shall be clearly shown on submitted plans and physically marked on the development site.

The construction footprint shall be the minimum necessary to meet the goals of the development while achieving water quality.

Ingress and egress during construction shall be limited to one access point, unless otherwise approved by the Town Manager.

(b)

Indigenous vegetation shall be preserved to the maximum extent possible consistent with the use and development permitted.

Existing trees over ten (10) inches diameter at breast height (DBH) shall be preserved outside the construction footprint. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed. Normal woodlot management techniques that encourage optimum growth of remaining trees are allowed.

Clearing shall be allowed only to provide necessary access, positive site drainage, water quality BMPs and the installation of utilities, as approved by the Town Manager.

Prior to clearing or grading, suitable protective barriers, such as safety fencing, shall be erected 5 feet outside of the dripline of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier.

(c)

Land development shall minimize impervious cover to promote infiltration of storm water into the ground consistent with the use or development permitted. Grid and modular pavements shall be encouraged for any required parking area, alley, or other low traffic driveway, unless otherwise approved by the plan-approving authority.

(d)

Notwithstanding any other provisions of this Article or exceptions or exemptions thereto, any land disturbing activity exceeding 2,500 square feet, including construction of all single-family houses, septic tanks, and drain fields, shall comply with the requirements of Section 4-7.

(e)

All on-site sewage disposal systems not requiring an VPDES permit shall be pumped out at least once every five years, in accordance with the provisions of the Town of Warsaw Health Code.

(f)

A reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided, in accordance with the Town of Warsaw Health Code. This requirement shall not apply to any lot or parcel recorded prior to October 1, 1989 if such lot or parcel is not sufficient in capacity to accommodate a reserve sewage disposal site, as determined by the local Health Department. Building or construction of any impervious surface shall be prohibited on the area of all sewage disposal sites or on an on-site sewage treatment system which operates under a permit issued by the State Water Control Board, until the structure is served by public sewer.

(g)

For any development or redevelopment, storm water runoff shall be controlled by the use of best management practices that achieve the following:

For development, the post-development nonpoint source pollution runoff load shall not exceed the pre-development load, based on the calculated average land cover condition for Virginia's Chesapeake Bay Watershed.

For isolated redevelopment sites, the nonpoint source pollution load shall be reduced by at least 10 percent. The Town Manager may waive or modify this requirement for redevelopment sites that originally incorporated best management practices for storm water runoff quality control, provided the following provisions are satisfied:

In no case may the post-development nonpoint source pollution runoff load exceed the pre-development load;

Runoff pollution loads must have been calculated and the BMPs selected for the expressed purpose of controlling nonpoint source pollution;

If best management practices are structural, evidence shall be provided that facilities are currently in good working order and performing at the design levels of service. The Town Manager may require a review of both the original structural design and maintenance plans to verify this provision. A new maintenance agreement may be required to ensure compliance with this Article.

For redevelopment, both the pre- and post-development loadings shall be calculated by the same procedures. However, where the design data is available, the original post-development nonpoint source pollution loadings can be substituted for the existing development loadings.

(h)

Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all wetlands permits required by federal, state, and local laws and regulations shall be obtained and evidence of such submitted to the Town Manager, in accordance with Section 2-2 of this Ordinance.

(I)

Land upon which agricultural activities are being conducted shall have a soil and water quality conservation plan. Such plan shall be based upon the Field Office Technical Guide of the U.S. Department of Agriculture Soil Conservation Service and accomplish water quality protection consistent with this ordinance. Such a plan shall be approved by the Northern Neck Soil and Water Conservation District.

(3)

Buffer Area Requirements.

To minimize the adverse effects of human activities on the other components of Resource Protection Areas, state waters, and aquatic life, a 100-foot buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be retained if present and established where it does not exist.

The buffer area shall be located adjacent to and landward of other RPA components and along both sides of any tributary stream. The full buffer area shall be designated as the landward component of the RPA, in accordance with Sections 3-5-16 (Areas of Applicability) and 2-2 of this Ordinance.

The 100-foot buffer area shall be deemed to achieve a 75 percent reduction of sediments and a 40 percent reduction of nutrients A combination of a buffer area not less than 50 feet in width and appropriate best management practices located landward of the buffer area which collectively achieve water quality protection, pollutant removal, and water resource conservation at least the equivalent of the full 100-foot buffer area may be employed in lieu of the 100-foot buffer if approved by the Town Manager after consideration of the Water Quality Impact Assessment, in accordance with Section 3-5-1i of this Article.

The buffer area shall be maintained to meet the following additional performance standards:

(a)

In order to maintain the functional value of the buffer area, indigenous vegetation may be removed only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices, as follows:

Trees may be pruned or removed as necessary to provide for sight lines and vistas, provided that[,] where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff preventing erosion, and filtering nonpoint source pollution from runoff.

Any path shall be constructed and surfaced so as to effectively control erosion.

Dead, diseased, or dying trees or shrubbery may be removed at the discretion of the landowner, and silvicultural thinning may be conducted based upon the best available technical information.

(b)

When the application of the buffer areas would result in the loss of a build able area on a lot or parcel recorded prior to October 1, 1989, the Town Manager may modify the width of the buffer area in accordance with Section 2-2 and in consideration of the following criteria:

Modifications to the buffer areas shall be the minimum necessary to achieve a reasonable build able area for a principal structure and necessary utilities;

Where possible, an area equal to the area encroaching the buffer area shall be established elsewhere on the lot or parcel in a way to maximize water quality protection; and

In no case shall the reduced portion of the buffer area be less than 50 feet in width.

(c)

On agricultural lands the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area and noxious weeds from invading the buffer area. The agricultural buffer area may be reduced as follows:

To a minimum width of 50 feet when the adjacent land is implementing a federal, state, or locally-funded agricultural best management practices program, provided that the combination of the reduced buffer area and the best management practices achieve water quality protection, pollutant removal, and water resource conservation at least the equivalent of the 100 foot buffer area;

To a minimum width of 25 feet when a soil and water quality conservation plan, as approved by the local Soil and Water Conservation District, has been implemented on the adjacent land. Such plan shall be based upon the Field Office Technical Guide of the U.S. Department of Agriculture Soil Conservation Service and accomplish water quality protection consistent with this Article.

The buffer area is not required for agricultural drainage ditches if the adjacent agricultural land has in place best management practices in accordance with a conservation plan approved by the Northern Neck Soil and Water Conservation District.

i.

Water Quality Impact Assessment.

(1)

Purpose and Intent.

The purpose of the water quality impact assessment is to:

(a)

Identify the impacts of proposed development on water quality and lands within RPAs and other environmentally-sensitive lands;

(b)

Ensure that, where development does take place within RPAs and other sensitive lands, it will be located on those portions of a site and in a manner that will be least disruptive to the natural functions of RPAs and other sensitive lands;

(c)

Protect individuals from investing funds for improvements proposed for location on lands unsuited for such development because of high ground water, erosion, or vulnerability to flood and storm damage;

(d)

Provide for administrative relief from the terms of Section 3-5-3 when warranted and in accordance with the requirements contained herein; and

(e)

Specify mitigation which will address water quality protection.

(2)

Water Quality Impact Assessment Required.

A water quality impact assessment is required for[:]

(a)

Any proposed development within an RPA, including any buffer area modification or reduction as provided for in Section 3-5-3h this Article;

(b)

Any development in a RMA as deemed necessary by the Town Manager due to the unique characteristics of the site or intensity of the proposed development.

(3)

Demonstration of Positive Water Quality Impact.

A water quality impact assessment must demonstrate through acceptable calculations that the remaining buffer area and necessary best management practices will result in removal of no less than 75 percent of sediments and 40 percent of nutrients from post-development storm water runoff.

(4)

Minor Water Quality Impact Assessment Site Drawing Required.

The water quality impact assessment shall include a site drawing to scale which shows the following:

(a)

Location of the components of the RPA, including the 100 foot buffer area;

(b)

Location and nature of the proposed encroachment into the buffer area, including: type of paving material; areas of clearing or grading; location of any structure, drives, or other impervious cover; and sewage disposal systems or reserve drain field sites;

(c)

Type and location of proposed best management practices to mitigate the proposed encroachment;

(d)

Any other information deemed necessary by the Town Manager which may include:

-

The identification of the existing characteristics and conditions of sensitive lands as components of the CBPA, as defined herein.

-

A hydro geological element which describes the existing topography, soils, hydrology and geology of the site and adjacent lands and indicates the impacts of the proposed development on these features as well as the following:

Disturbance or destruction of wetlands and justification for such action;

Disruptions or reductions in the supply of water to wetland, streams, lakes, rivers or other water bodies;

Disruptions to existing hydrology including wetland and stream circulation patterns;

Source location and description of proposed fill material;

Location of dredge material and location of dumping area for such material;

Location of and impacts on shellfish beds, submerged aquatic vegetation, and fish spawning areas;

Estimation of pre-and post-development pollutant loads in runoff;

Estimation of percent increase in impervious surface on site and type(s) of surfacing materials used;

Percent of site to be cleared for project;

Anticipated duration and phasing schedule of construction project;

Listing of all requisite permits from all applicable agencies necessary to develop project.

The proposed mitigation measures associated with potential hydro geological impacts which may include the use of erosion and sediment control concepts such as minimizing the extent of the cleared area, perimeter controls, reduction of runoff velocities, measures to stabilize disturbed areas, and the implementation of a comprehensive site inspection program, a proposed storm water management system, the creation of wetlands to replace those lost, and minimizing cuts and fills.

(e)

A landscape element that:

Identifies and delineates the location of all significant plant material on site, including all trees ten (10) inches or greater in diameter at breast height; where there are groups of trees, stands may be outlined.

Describes the impacts the development or use will have on the existing vegetation providing the general limits of clearing, based on all anticipated improvements, including buildings, drives, and utilities a clear delineation of all trees which will be removed; and a description of plant species to be disturbed or removed.

Describes the potential measures for mitigation such as a replanting schedule for trees and other significant vegetation removed for construction, including a list of possible plants and trees to be used; a demonstration that the design of the plan will preserve to the greatest extent possible any significant trees and vegetation on the site, will provide maximum erosion control and overland flow benefits from such vegetation and will use indigenous plants to the greatest extent possible.

(f)

A wastewater element for:

On-site collection systems requiring VPDES permit shall discuss any proposed on-site collection and treatment systems, their treatment levels, and impacts on receiving watercourses and describe the potential impacts of the proposed wastewater systems, including the proposed mitigative measures for these impacts.

(5)

Evaluation Procedure.

(a)

Upon the completed review of a water quality impact assessment associated with a proposed encroachment into the 100-foot buffer area, the Town Manager will determine if any proposed modification or reduction to the buffer area is consistent with the provisions of this Section and make a finding based upon the following criteria:

The necessity of the proposed encroachment and the ability to place improvements elsewhere on the site to avoid disturbance of the buffer area;

Impervious surface is minimized;

Proposed best management practices, where required, achieve the requisite reductions in pollutant loadings;

The development, as proposed, meets the purpose and intent of this Section;

The cumulative impact of the proposed development, when considered in relation to other development in the vicinity, both existing and proposed, will not result in a significant degradation of water quality.

(b)

Upon the completed review of a major water quality impact assessment, the Town Manager will determine if the proposed development is consistent with the purpose of intent of this Article and make a finding based upon the following criteria:

Within any RPA, the proposed development is water-dependent;

The disturbance of any wetlands will be minimized;

The development will not result in significant disruption of the hydrology of the site;

The development will not result in significant degradation to aquatic vegetation of life;

The development will not result in unnecessary destruction of plant materials on site;

Proposed erosion and sediment control concepts are adequate to achieve the reductions in runoff and prevent off-site sedimentation;

Proposed storm water management concepts are adequate to control the storm water runoff to achieve the required performance standard for pollutant control;

Proposed revegetation of disturbed areas will provide optimum erosion and sediment control benefits;

The design and location of any proposed drain field will be in accordance with the requirements of Section 3-5-1h;

The development, as proposed, is consistent with the purpose and intent of the Overlay District as expressed in Section 3-1-3f;

The cumulative impact of the proposed development, when consideration in relation to other development in the vicinity, both existing and proposed, will not result in a significant degradation of water quality.

(c)

The Town Manager shall require additional mitigation where potential impacts have not been adequately addressed. Evaluation of mitigation measures will be made by the Town Manager based on the criteria herein.

(d)

The Town Manager shall find the proposal to be inconsistent with the purpose and intent of this Article when the impacts created by the proposal cannot be mitigated. Evaluation of the impacts will be made by the Town Manager based on the criteria herein.

j.

Exemptions.

1.

Public utilities, railroads, and facilities exemptions.

(a)

Construction, installation, operation, and maintenance of electric, gas, and telephone transmission lines, railroads, and public roads and their appurtenant structures shall be in accordance with Section 4-7 and the Storm water Management Act. An erosion and sediment control plan and a storm water management plan approved by the Virginia Department of Conservation and Recreation, on a local water quality protection criteria at least as stringent as the state requirements will be deemed to constitute compliance with these regulations. The exemption of all public roads is further conditioned that the road alignment and design, consistent with other applicable requirements shall prevent or otherwise minimize (I) encroachment in the Resource Protection Area and (ii) adverse effects on water quality.

(b)

Construction, installation, and maintenance of water, sewer, and local gas lines shall be exempt from the criteria in this part provided that:

To the degree possible, the location of such utilities and facilities should be outside Resource Protection Areas;

No more land shall be disturbed than is necessary to provide for the desired utility installation;

All such construction, installation, and maintenance of such utilities and facilities shall be in compliance with all applicable state and federal permits and designed and conducted in a manner that protects water quality;

Any land disturbance exceeding an area of 2,500 square feet complies with all erosion and sediment control requirements of Section 4-7.

2.

Exemptions in Resource Protection Areas.

The following land disturbances in Resource Protection Areas may be exempt from the criteria of this part provided that they comply with subdivisions 1 and 2 below of this subsection: (I) water wells; (ii) passive recreation facilities such as boardwalks, trails, and pathways; and (iii) historic preservation and archaeological activities. However, any land disturbance exceeding an area of @,500 square feet shall comply with the erosion and sediment control requirements of Section 4-7.

k.

Exceptions.

Exceptions to the requirements of these regulations may be granted, provided that:

(I)

Exceptions to the criteria shall be the minimum necessary to afford relief, and (ii) reasonable and appropriate conditions upon any exception granted shall be imposed as necessary so that the purpose and intent of the Act are preserved.

a.

Where and When Permitted.

Land development proposed in accordance with this section shall only be permitted on lands zoned R-1, R-2, C-1 and C-2. Review of the plan of development shall be in accordance with the provisions of Section 2-1-2b of the Ordinance. Any proposal deemed to be inconsistent with the goals and objectives of the Comprehensive Plan and this Ordinance shall not be approved.

b.

Minimum Size of the Development Parcel.

There is no minimum lot size for the development parcel proposed for the TT development. A master plan for the entire site showing the existing conditions on adjacent properties shall be prepared and included with a plan of development submitted.

c.

Amount of Residential Floor Space.

A minimum of forty percent (40%) of the total floor area shall be devoted for residential uses.

d.

Density.

Residential density shall not exceed three (3) dwelling units per net develop able acre unless additional density is earned as provided by Section 3-5-2g.

The acreage of lands which are classified as wetlands, located within a 100-year floodplain, or possessing slopes in excess of twenty-five percent (25%), shall not be used to calculate allowable residential development density. Maximum residential density shall not exceed eight (8) dwelling units per develop able acre.

The acreage associated with first floor commercial/office space and related parking shall also not be counted toward residential density.

e.

Lot Area, Lot Width, and Yards.

There are no minimum or maximum standards established in order to allow the developer the opportunity to maximize creativity in the design.

f.

Height Limitations.

The maximum height of any structure shall be as specified in the base zoning district.

g.

Density Bonus Provisions.

In order to encourage site designs which are harmonious with adjoining property, to encourage the preservation of open space within and around higher density development, to encourage preservation and restoration of historic sites, and to provide land developers with the opportunity to positively influence community growth and the quality of life, the plan-approving authority may award a density bonus, hereby enabling residential density to increase from three (3) to no more than eight (8) dwelling units per net acre develop able acre if any combination of the following are provided or are proposed for the development:

(1)

Preparation of a development design of superior quality resulting from the most sensitive placement of structures, the highest quality of landscaping and architectural design, and a most desirable living environment for future residents and users of facilities provided.

(2)

Construction of sidewalks and/or bike/hike paths within or outside of the development.

(3)

Development of an educationally-oriented facility such as a nature trail available to the public.

(4)

Dedication of land accepted by the Town for use as a park site or other public facility site.

(5)

Development of a park for the residents and/or users of the development.

(6)

Development of quality outdoor plazas and other pedestrian-oriented spaces.

(7)

Development of a recycling plan/program for any major plan of development.

For all improvements upon which a density bonus has been based, the Town, when it deems it to be necessary and appropriate, may require the submission of a performance guarantee as provided for in Section 2-6.

h.

Waiver of Provisions of Article 4-Design and Performance Standards.

It may be necessary and appropriate for the plan-approving authority to waive compliance with the standards of Article 4 as provided for in Section 4-1-2 in order to approve a Traditional Town design plan. No waiver shall be authorized which compromises the integrity of surrounding neighborhoods or the environment or is inconsistent with the intent and purpose of the Comprehensive Plan and this Ordinance.

i.

Revisions to Approved TT Plans of Development.

Revisions to approved plans of development shall be processed in accordance with the requirements of Section 2-1-2b of this Ordinance.

a.

Composition.

A Board of Zoning Appeals (BZA) shall consist of five (5) members who are residents of the Town, and shall be recommended by the Town Council and appointed by the Circuit Court of Richmond County. The BZA shall serve without pay. Members shall be removable for cause upon written charges and after a public hearing. Appointments for vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term.

b.

Term of Office.

The term of office shall be for five years; except that the first term of the fourth and fifth members appointed shall be for a term of four years and three years respectively. One of the five members shall be an active member of the Town Planning Commission. Vacancies occurring in the BZA shall be filled for the unexpired term only.

c.

Disqualification.

BZA members shall disqualify themselves from participating in any way upon a matter before the Board in which their financial interests or those of their immediate family are directly involved.

d.

Officers.

The BZA shall elect annually its own chair and vice-chair who shall act in the absence of the chair. Through its chair, the BZA may administer oaths and compel the attendance of witnesses.

Pursuant to the authority granted by the Code of Virginia, Chapter 11, Article 8, Section 15.1-494 and the processing path described in Section 2-1-2d of this Ordinance, the BZA shall have the following powers:

a.

Hear and Decide Appeals.

The BZA shall hear and decide appeals from any order, requirement, decision, interpretation, or determination made by an administrative officer in the administration or enforcement of Article 3 of this Ordinance.

b.

Grant Variances.

The BZA shall authorize upon appeal and application in specific cases such variances from the terms of Article 3 of this Ordinance as will not be contrary to the public interest, when owing to special conditions, a literal enforcement of the provisions of this Article will result in unnecessary hardship; provided, that the spirit of this Ordinance shall be observed and substantial justice done in accordance with the provisions of this Ordinance.

c.

Other Powers.

(1)

The BZA shall hear and decide all other matters referred to and upon which it is required to pass as provided by the provisions of this Article.

(2)

The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.

The BZA shall perform the following duties as are necessary to ensure the proper, accurate, and timely disposition of all matters brought before it.[:]

a.

Operational Procedures.

(1)

The BZA shall create, alter and rescind rules and forms for its procedures, as it deems necessary, consistent with the ordinances of this town and the general laws of the Commonwealth.

(2)

The meetings of the BZA shall be held at the call of its chairman or at such times as a quorum of the Board may determine.

(3)

All meetings of the BZA shall be open to the public.

(4)

A quorum shall be at least three (3) members.

(5)

A favorable vote of three (3) members of the BZA shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the applicant on any matter upon which the BZA is required to pass.

(6)

The BZA shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The BZA shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Office of the Town Manager and shall become public records.

b.

Other.

The BZA shall:

(1)

Employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical support services as deemed necessary and within the limits of funds appropriated by the Town Council.

(2)

Perform any additional activities as set forth in this Article.

The BZA in exercising the powers and duties granted and imposed by Article 3 shall be guided by the following standards which shall be in addition to any other standards imposed by this Ordinance:

a.

The proposal shall be in harmony with the policies embodied in the adopted Comprehensive Plan[.]

b.

The proposal shall not detract or be discordant with the small town character or diminish the quality of life of the residents of the Town[.]

c.

The proposal shall be in harmony with the general purpose and intent of the applicable zoning district regulations including those associated with properties located within a Resource Protection Area (RPA) or Resource Management Area (RMA)[.]

d.

The proposal shall not adversely affect the use or development of neighboring properties and shall be in accordance with all applicable zoning district regulations and any applicable provisions of the adopted Comprehensive Plan.

An application for a variance shall be filed with and on forms furnished by the Town Manager and shall include such information as the Town Manager shall require as necessary to enforce the provisions of this Article. Applications for a variance shall be processed as described in Section 2-1-2d.

Variances may be granted by the BZA only after making specific findings of fact based on the evidence before it. These findings of fact are as follows:

a.

The property was acquired in good faith.

b.

On the effective date of this Ordinance, the property is:

-

Exceptionally narrow, or

-

Exceptionally shallow, or

-

Of exceptional size, or

-

Exceptionally shaped, or

-

Has exceptional topographic conditions, or

-

Other extraordinary situation or condition of the use or development of property immediately adjacent to the subject property.

c.

The condition or situation of the subject property or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted by the Town Council as an amendment to this Article.

d.

The strict application of this Article would produce undue hardship, and such undue hardship is not shared generally by other properties in the same zoning district and the same vicinity.

e.

The strict application of this Article would effectively prohibit or unreasonably restrict all reasonable use of the property, and the granting of a variance will alleviate a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege or convenience sought by the applicant.

f.

Authorization of the variance will not be of substantial detriment to adjacent property; the character of the zoning district will not be changed by the granting of the variance; and the variance will be in harmony with the intended purposes of this Ordinance and in keeping with the public interest.

No variance shall be granted that would have the effect of:

a.

Increasing the density permitted in a zoning district; or

b.

Permitting any use not specified by the provisions of this Article in the zoning district in which the property is located; or

c.

Altering any definition set forth in this Ordinance as it relates to this Article.

Any variance granted by the BZA shall be the minimum variance necessary to afford relief, and to this end, the BZA may permit a lesser variance than applied for. The BZA may also prescribe such conditions or restrictions applying to the approval of a variance as it may deem necessary in the specific case, in order to minimize the adverse effects of such variance upon other property in the neighborhood. Such conditions or restrictions shall be incorporated into the certificate of compliance and the building permit. The BZA may require a performance guarantee to ensure that the conditions imposed are being and will continue to be complied with. Failure to comply with such conditions and restrictions shall constitute a violation of this Ordinance, and may constitute the basis for denial or revocation of a certificate of compliance, building permit or certificate of occupancy.

A variance granted under the provisions of this Article shall automatically lapse if substantial construction, in accordance with the plans for which such variance was granted, has not been completed within one year from the date of granting such variance or, if judicial proceedings to review the BZA's decision shall be instituted, from the date of entry of the final order in such proceedings, including all appeals.

The Planning Commission shall consist of seven (7) residents of the Town appointed by the Town Council for four (4) year terms.

With the staff support of the Town Manager, the Planning Commission shall prepare and recommend for approval to the Town Council the Comprehensive Plan, the Official Map, Capital Improvement Program, and ordinances related to orderly growth and development.

In addition, the Planning Commission shall:

a.

Exercise general supervision of, and make regulations for, the administration of its affairs;

b.

Prescribe rules pertaining to its investigations and hearings;

c.

Supervise its fiscal affairs and responsibilities, under rules and regulations as prescribed by the governing body;

d.

Keep a complete record of its proceedings and be responsible for the custody and preservation of its papers and documents;

e.

Make recommendations to the BZA on matters related to BZA administration of this Article;

f.

Make recommendations to the governing body concerning the operation of the Commission and the status of planning within its jurisdiction;

g.

Prepare, publish and distribute reports, ordinances, and other material relating to its activities;

h.

Prepare and submit an annual budget in the manner prescribed by the Town Council;

i.

If deemed advisable, establish an advisory committee or committees.

It is the general policy of the Town, in accordance with the laws of the Commonwealth of Virginia, to provide for the orderly development of land, for all purposes through the use of zoning and other land development regulations. Frequently where competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate. In these cases more flexible and adaptable zoning methods are needed to permit land uses, and at the same time to recognize the effects of change. It is the purpose of this section to provide a more flexible and adaptable zoning method, to cope with situations found in such zones, through conditional zoning whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community that are not applicable to land similarly zoned. The provisions of this section are not to be used for the purpose of discrimination in housing.

Any owner of property making application for a change in zoning or an amendment to the zoning map, as provided by Section 2-5 as part of the application may voluntarily proffer in writing reasonable conditions which shall be in addition to the regulations provided for in the zoning district or zoning sought in the rezoning application. Any such proffered conditions must be made prior to any public hearing before the Planning Commission and the Town Council and shall be subject to the following limitations:

a.

The rezoning itself must give rise to the need of the conditions;

b.

The conditions shall have a reasonable relation to the rezoning;

c.

The conditions shall not include a cash contribution to the Town;

d.

The conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities except for the dedication of any street, curb, gutter, sidewalk, bicycle trail, drainage, water or sewage systems;

e.

The conditions shall not include payment for or construction of offsite improvements except for a pro rata share of water, sewage and drainage facilities;

f.

No condition shall be proffered that is not related to the physical development or physical operation of the property; and

g.

All conditions shall be in conformity with the Comprehensive Plan.

Upon the approval of any such rezoning, all conditions proffered and accepted by the Town Council shall be deemed part thereof and nonseverable therefrom and shall remain in force until amended or varied by the Town Council in accordance with Section 15.1-491.6 of the Code of Virginia, as amended. All such conditions shall be in addition to the regulations provided for in the zoning district by this Article.

Each conditional rezoning shall be designated on the Zoning Map by an appropriate symbol designed by the Town Manager.

In addition, the Clerk of the Council shall keep and maintain a conditional zoning index which shall be available for public inspection and which shall provide ready access to the ordinance creating such conditions.

Each application for rezoning which proposes conditions to be applied shall be accompanied by the following items beyond those required by conventional rezoning requests:

a.

A statement detailing the nature and location of any proffered conditions and those proposed circumstances which prompt the proffering of such conditions.

b.

A signed statement by both the applicant and owner in the following form:

"I hereby proffer that the development of the subject property of this application shall be in strict accordance with the conditions set forth in this submission."

Proffered conditions shall include written statements, development plans and materials proffered in accordance with the provisions of this Article and approved by the Town Council in conjunction with the approval of a change in zoning or an amendment to the zoning map.

Upon approval, any plan of development thereafter submitted for the development of the property in question shall be in substantial conformance with all proffered conditions and no development shall be approved in the absence of substantial conformance. For the purpose of this section, substantial conformance shall mean conformance which leaves a reasonable margin for adjustment due to final engineering data but conforms with the general nature of the development, the specific uses and the general layout depicted by the plans and other materials presented by the owner and/or applicant.

Uses permitted by a conditional use permit uses are those which, if not specially regulated, can have an undue impact or be incompatible with other uses of land within or adjacent to a given zoning district. Upon the granting of a conditional use permit, these uses may be allowed to locate within designated districts under the standards, controls, limitations, performance criteria, restrictions and other regulations of this Ordinance.

All applications for conditional use permits shall be reviewed using the following general criteria:

a.

The use shall not tend to change the character and established pattern of development of the area or community in which it wishes to locate.

b.

The use shall be in harmony with the uses permitted by right in the zoning districts and shall not adversely affect the use of neighboring properties.

c.

The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

d.

The use shall not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use.

e.

The use shall not be detrimental to the public welfare or injurious to property or improvements in the neighborhood.

f.

The use shall be in accord with the purpose of this Ordinance and the Comprehensive Plan.

g.

The use shall be adequately served by essential services such as streets, drainage facilities, fire protection, and approved water and sewerage disposal facilities.

h.

The use shall not result in the destruction, loss or damage of any feature determined to be of significant ecological, cultural, scenic, or historic importance.

a.

In granting any conditional use permit, conditions necessary to assure that the proposed use will conform with the requirements of this section and will continue to do so may be imposed. A surety bond or other guarantee of performance acceptable to the Town may be required in order to ensure compliance with the imposed conditions.

b.

Reasonable conditions may be imposed as deemed necessary to protect the public interest and welfare. Such conditions may include, but need not be limited to:

(1)

More restrictive sign standards.

(2)

Additional open space, landscaping or buffering requirements.

(3)

Additional yard requirements.

(4)

Special lighting requirements.

(5)

Limitation on hours of operation.

(6)

Additional off-street parking and loading requirements.

(7)

Abating or restricting noise, smoke, dust or other elements that may affect surrounding properties.

(8)

Improvements to prevent traffic congestion.

c.

Time limits or expiration dates for a conditional use permit, including provisions for periodic review and renewal may also become a condition of the conditional use permit.

a.

An application for a conditional use permit shall be made by the owner, contract purchaser with the owner's written consent, or the owner's agent, of the property on which the proposed use is to be located. The application shall be submitted to the Town Manager and shall be accompanied by the filing fee. Application forms are available from the Town Manager.

b.

If the request for a conditional use permit has been denied by the Town, substantially the same request shall not be reconsidered within three hundred sixty-five (365) days of the date of denial.

c.

The application shall include the following information:

(1)

A plan of development in accordance with Article 2; if no plan of development is associated with the request, submission requirements shall be as required by the plan approving authority;

(2)

A description of the proposed use, and where applicable, the hours of operation and the proposed number of employees;

(3)

When deemed necessary, the plan-approving authority may require a community impact analysis as specified in Section 2-2-6b.

a.

After approval of a conditional use permit application, the applicant shall have one year to begin the use as approved, provided that the Town may allow, at the time of approval, a longer period than one year. If the use has not begun within one year (or other time period as set by the Town), the conditional use permit shall be void, and the use may not thereafter be begun except upon approval of another conditional use permit application.

b.

After approval of a conditional use permit application, the use approved may intensify and/or expand, provided that any conditions attached to the approval shall not be violated. If intensification and/or expansion will violate any attached conditions, a new conditional use permit shall be obtained before such intensification and/or expansion may occur.

c.

All uses permitted by a conditional use permit shall require plan of development approval in accordance with the provisions of Section 2-2.

d.

If an approved conditional use ceases operation for a period of twelve consecutive months, for any reason, the conditional use permit shall become void, and thereafter the use may only be conducted after another conditional use permit application has been approved.

The Town Council may be resolution initiate revocation of a conditional use permit. After review by the Town Manager and after consideration and recommendation by the Planning Commission, the governing body shall act on the proposal to revoke the conditional use permit. Grounds for revocation shall include (but not be limited to) the following:

-

A change in conditions affecting the public health, safety and welfare since adoption of the conditional use permit; or

-

Repeated violations of this Ordinance, including any conditions attached to the conditional use permit, by the owner/operator of the use; or

-

Fraudulent, false or misleading information supplied by the applicant (or his agent) for the conditional use permit; or

-

Improper public notice of the conditional use permit public hearing(s) when the permit was considered in accordance with DMP-b; or

-

An error or mistake in fact that led to an arbitrary and unreasonable decision made by the plan-approving authority when approving the conditional use permit.

Where at the time of passage of this Ordinance or any amendments thereto, the lawful use of land and/or structures exists which would not be permitted thereafter by this ordinance, the use may be continued so long as it remains otherwise lawful, provided:

a.

No nonconforming use and/or structure shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance.

b.

No nonconforming use and/or structure shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the use and/or structure at the effective date of adoption or amendment of this Ordinance, unless the move results in decreasing the degree of nonconformity or results in conformity with the requirements for the district.

c.

No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with a nonconforming use of land. No additional uses of a nature which would be prohibited generally in the district involved shall be permitted.

d.

Any nonconforming use may be extended throughout any parts of a building which were arranged or designed for the use at the time of adoption or amendment of this Ordinance, but the use shall not be extended to occupy any land outside such building.

e.

When any nonconforming use, or structure and use in combination, is replaced by a permitted use and/or structure, the use shall conform to the regulations for the district, and no nonconforming use and/or structure shall be permitted to resume.

f.

Where nonconforming status applies to a use and/or structure, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this section is defined as damage to an extent of more than 50 percent of the replacement cost immediately prior to the time of destruction. No nonconforming use shall be established after destruction; as defined, has occurred.

g.

If any nonconforming use and/or structure of land ceases for any reason for a period of more than two years, any subsequent use of such land and/or structure shall conform to the regulations specified by this Ordinance for the district in which the site is located.

h.

Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

i.

To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently. Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun prior to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

Whenever the boundaries of a zoning district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this Section.

a.

In order to establish the ability to continue as per Section 3-11-1, all nonconforming uses shall apply for nonconforming use certification on forms provided by the Town Manager within one (1) year after the adoption of this Ordinance. Certification shall be issued promptly upon the written request of the owner or operator on a nonconforming use.

b.

The construction or use of a nonconforming building or an area for which a permit was issued legally prior to the adoption of this Ordinance, may proceed, provided such building is completed within one (1) year, or such use of land established within thirty (30) days after the effective date of this Ordinance.

In any zoning district, permitted structures may be erected or enlarged on any single lot of record, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot, shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Zoning Appeals in accordance with DMP-d. Such lot of record must be in separate ownership and not of continuous frontage with other lots in the same ownership.

No lot or parcel or portion thereof shall be used or sold in a manner diminishing compliance with lot width and area requirements established by this Ordinance, nor shall any division be made which created a lot below the minimum requirements stated in this Article.

Any lot, which by reason of realignment of a State highway or by reason of condemnation proceedings, has been reduced in size to an area less than that required by law, shall be considered a nonconforming lot of record and any lawful use or structure existing at the time of such highway realignment or condemnation proceedings which would no longer be permitted under the terms of this Ordinance shall be considered a nonconforming use or structure as that term is used in this Ordinance.

Any use which is permissible as a conditional use permit in a district under the terms of this Ordinance shall not be deemed a nonconforming use, but shall without further action be considered a conforming use.

No change or expansion of a nonconforming use shall be allowed with the exception that:

a.

The Town Manager may grant a nonconforming use and development waiver for structures on legal nonconforming lots or parcels to provide for remodeling and alterations or additions to such nonconforming structures provided that:

(1)

There will be no increase in nonpoint source pollution load;

(2)

Any development or land disturbance exceeding an area of 2,500 square feet complies with the erosion and sediment control requirements of Section 4-7.

b.

An application for a nonconforming use and development waiver shall be made to and upon forms furnished by the Town Manager and shall include for the purpose of proper enforcement of this Ordinance, the following information:

(1)

Name and address of applicant and property owner;

(2)

Legal description of the property (Tax Map and Parcel Number) and type of proposed use and development;

(3)

A sketch of the dimensions of the lot or parcel, location of buildings and proposed additions relative to the lot lines, and boundary of the Resource Protection Area;

(4)

Location and description of any existing private water supply or sewage system.

c.

A nonconforming use and development waiver shall become null and void twelve months from the date issued if no substantial work has commenced.