112 West Main Street
P.O. Box 111
Orange, Virginia 22960
1-540-672-3313
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CHAPTER 70 – ZONING

DIVISION 1. – GENERALLY

Sec. 70-276. – Zoning districts.

(a) For the purpose of this chapter, the unincorporated areas of Orange County, Virginia are hereby divided into the following zoning districts:

Agricultural (A).

Limited Residential (R-1).

General Residential (R-2).

Planned Residential (R-3).

Multifamily Residential (R-4).

Limited Commercial (C-1).

General Commercial (C-2).

Limited Industrial (I-1).

General Industrial (I-2).

Barboursville Village Overlay District

Planned Development – Business (PDB).

Planned Development – Mixed Use (PDM).

Planned Development – Traditional Design (R-5)

(b) The location and boundaries of these districts are shown on the zoning maps of the county, incorporated in this section by reference and on file in the county offices.

(Ord. of 5-2-1996, § 101)

Sec. 70-277. – Unauthorized uses prohibited.

Any use not expressly permitted or permitted by special use permit in a specific district is prohibited. – (Ord. of 5-2-1996, § 102)

Secs. 70-278—70-300. – Reserved.

 

DIVISION 2. – AGRICULTURAL ZONING DISTRICT

Sec. 70-301. – Intent.

The agricultural zoning district (A) comprises most of the land area of the county. It preserves the rural character of the county by protecting agriculture from conflicts with incompatible uses and discourages the random scattering of commercial and industrial uses and residential developments. In addition to agriculture, it permits the traditional rural pattern of homes and small businesses.

(Ord. of 5-2-1996, § 201)

Sec. 70-302. – Permitted uses.

In the agricultural district, land may be used for the following uses, and any accessory use that is customarily incidental to such uses, including home occupations and home enterprises :

1) Agriculture.

2) Agritourism.

3) Bed and breakfast inn.

4) Short-term lodging facility.

5) Single-family dwelling.

6) Two-family dwelling.

7) Manufactured home.

8) Place of worship.

9) Cemetery or graveyard.

10) Sign subject to sections 70-308 and 70-696 et seq.

11) Farm enterprise, farm stand, wayside stand.

12) Farmer’s market of up to 4,000 square feet gross floor area.

13) Temporary uses, with a zoning permit pursuant to sections 70-309 and 70-122, limited to the following:

a. Temporary or seasonal sales.

b. Special events.

14) Accessory Apartment.

15) Commercial Kitchen or Smokehouse.

(Ord. of 5-2-1996, § 202; Ord. of 7-12-2011(2); Ord.11-13-2013; Ord. 03-11-2014; Ord. of 04-14-2015; Ord. of 06-14-2016)

Sec. 70-303. – Uses permitted by special use permit.

In the agricultural district the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

1) Agricultural equipment sales or service, or both.

2) Airport.

3) Bed and breakfast inn with a restaurant open to non-guests.

4) Boarding kennel or commercial breeding kennel.

5) Camp, campground or recreational vehicle park.

6) Fairground

7) Elder care center, child day care center, or nursery school.

8) Livestock auction or farmer’s market of greater than 4,000 square feet gross floor area.

9) Manufactured home park.

10) Mine or quarry.

11) Office not exceeding 4,000 square feet gross floor area, including professional or contracting office.

12) Cultural use.

13) Commercial recreational use.

14) Institutional use.

15) Public garage.

16) Public use such as school, park, library, or fire and rescue station.

17) Retail store not exceeding 4,000 square feet gross floor area, including, a farm stand greater than 1,000 square feet gross floor area, flea market, or retail nursery.

18) Restaurant which is accessory to an agritourism use where said use has been in existence for at least five years.

19) Sanitary landfill.

20) Veterinary service, including animal hospital.

21) Outdoor power equipment, motorcycle, all-terrain vehicle, watercraft repair and storage.

22) Public utility facility.

23) Pyrotechnics testing/manufacturing on a parcel 50 acres or greater in size.

(Ord. of 8-11-1998, §§ 203, 203.18; Ord. of 5-8-2001; Ord. of 7-12-2011(2); Ord. 06-14-14 (20); Ord. of 04-14-2015; Ord. of 08-11-2015, Ord. of 07-12-16, Ord. 05/23/2017, Ord. of 03-13-2015)

Sec. 70-304. – Area regulations.

In the agricultural zoning district, the minimum lot area shall be two acres, except in cluster developments subject to article VI, or manufactured home parks subject to article VII.

(Ord. of 5-2-1996, § 204)

Sec. 70-305. – Frontage regulations.

In the agricultural zoning district, the minimum lot frontage shall be 200 feet, except in cluster developments subject to article VI, or manufactured home parks subject to article VII. Each lot shall meet the minimum requirement, either at the front lot line or at the required building setback.

(Ord. of 5-2-1996, § 205)

Sec. 70-306. – Setback and yards.

(a) In the agricultural zoning district, the regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet six inches in height.

(b) For setbacks from primary highways, see section 70-646 et seq.

(c) The setback from any secondary road or subdivision street with a right-of-way 50 feet or more in width shall be 35 feet from the right-of-way.

(d) The setback from any secondary road or subdivision street with a right-of-way less than 50 feet in width shall be 85 feet from the centerline of the road.

(e) The minimum side yard width for each main structure shall be 20 feet. A two-family dwelling, which shall be constructed in a side-by-side arrangement unless otherwise permitted via section 70-1, shall have no side yard requirement for the main structure at the property line which separates the units. The minimum side yard width for each accessory structure shall be ten feet.

(f) The minimum rear yard width for each main structure shall be 35 feet. The minimum rear yard width for each accessory structure shall be ten feet.

(g) For corner lots the side yard adjacent to the side street shall not be less than the minimum setback. For double-frontage lots the rear yard shall not be less than the minimum setback.

(h) The zoning administrator may authorize construction of an unenclosed porch no more than ten feet deep to be attached to a single-family dwelling, irrespective of setbacks or required yards, upon finding in writing that such porch will not be detrimental to adjoining property or the intent of this chapter. If the zoning administrator does not make such finding, the board of zoning appeals may grant a special exception for such porch.

(i) The setback for any new dwelling shall be a minimum of 50 feet from the shoreline of any body of water. Construction proposed to take place within any floodplain shall comply with those provisions as outlined in chapter 34

(Ord. of 5-2-1996, § 206; Ord. of 7-24-1998, § 206.08)

Sec. 70-307. – Height regulations.

In the agricultural zoning district, structures other than public utility facilities and silos shall be 40 feet in height or less. The board of supervisors may grant a special exception to allow a structure taller than 40 feet.

(Ord. of 5-2-1996, § 207)

Sec. 70-308. – Signs.

(a) In the agricultural district, signs are permitted within the guidelines as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. See also section 70-696 et seq.

(b) One permanent sign for every 200 feet of road frontage shall be permitted. The total area of permanent signs shall be 32 square feet or less.

(c) Monument signs and pylon signs shall be eight feet or less in height. Building signs shall not project above the top or sides of the building.

(d) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists and pedestrians.

(Ord. of 5-2-1996, § 208; Ord. of 7-26-2011)

Sec. 70-309. – Temporary uses.

In the agricultural district, temporary uses may be permitted upon the issuance of a temporary zoning permit granted by the zoning administrator.

(1) Reserved.

(2) Temporary or seasonal sales.

a. Temporary sales of produce not otherwise permitted by right, meals, Christmas trees, fireworks, and other seasonal goods, are permitted upon approval of a temporary zoning permit. Such permit may impose conditions necessary to alleviate any adverse impacts such as provisions for adequate traffic control, on-site parking, public safety, fire safety, hours of operation, provision for sewage disposal, and other health and safety concerns.

b. A temporary zoning permit for temporary sales of farm or food products shall be valid for a period not to exceed 90 days, and shall require that all structures and materials be removed within such time period.

1. Structures for temporary sales shall meet the required setbacks set forth in section 70-306 (setbacks and yards).

2. Entrances and exits must be clearly delineated and located to provide safe ingress and egress from roads.

c. Outdoor on-site farm or food products sales shall be allowed daily.

d. Flea markets shall be allowed one, three-weekend event every 30 days. Permitted hours are from 7:00 a.m. to 9:00 p.m.

(3) Special events.

a. A temporary zoning permit shall be required for special events that are planned for or which reasonably may be expected to attract more than 100 persons a day. Examples of special events which require a temporary zoning permit are: Carnival, circus, equipment show and display, festival, fair, fireworks show, tent event or similar meetings or events. Each subsequent event shall require a new permit.

b. Adequate provisions must be made for off-street parking, security, safe ingress and egress, refuse disposal, sanitary facilities as appropriate and approved by the zoning administrator.

c. Special events are permitted only between the hours of 7:00 a.m. to 10:00 p.m., Sunday through Thursday; and 7:00 a.m. to 12:00 a.m., Friday and Saturday. The zoning administrator may require that no activity, including set-up or knockdown of any such use, be permitted between 11:00 p.m. to 7:00 a.m.

d. Night operations shall be permitted only if the zoning administrator determines that the proposed lighting protects the public safety and will not cause excessive glare into residential areas or onto public streets.

e. If a temporary use permit is obtained for an outside music/festival, an entertainment permit will not be required.

f. Prior to issuance of a zoning permit, fireworks shows must also obtain a fireworks display permit, which sets forth the days and hours of the show, from the county administrator’s office.

g. The following special events are exempt from the requirements of this section and may occur without a temporary zoning permit. Exempt special events, however, shall remain subject to all other applicable provisions of this section and the county laws and regulations, including obtaining any and all other permits necessary for said event.

1. Special events planned or reasonably expected to attract less than 100 persons at any one time.

2. Special events to include private parties and social events occurring within, or upon the grounds of, a private residence, where the property owner receives no compensation for hosting the event and guests/attendees are not charged an admission fee.

3. Any event sponsored in whole or in part by the county or another political subdivision of the Commonwealth of Virginia.

4. Any organized special events conducted at sites or facilities typically intended, used, and designed for such events. Examples of such exempt activities include: sporting events conducted on courses or fields, animal show events, equestrian events held at stables or riding facilities, events held on the property of historic home/site museums, wedding services, wine tasting and wine tasting dinners at wineries whose facilities are designed for such events, and conferences and similar events in facilities designed and which have a zoning permit for such use.

5. Any established event/festival that has been in existence five or more years prior to the passing of this ordinance amendment will not be required to obtain a temporary use permit, provided that the use does not change.

6. Yard sale events at a private residence or community yard sale, held by the occupant of the residence, that do not last more than three days at any given time.

(Ord. of 7-12-2011(2))

Secs. 70-310—70-330. – Reserved.

 

DIVISION 3. – LIMITED RESIDENTIAL ZONING DISTRICT

Sec. 70-331. – Intent.

The limited residential district comprises low-density residential areas. It protects such areas from the traffic, noise and other effects of commercial and industrial uses and medium- and high-density residential development, and avoids conflicts with agricultural uses. It also encourages use of community water and sewer systems.

(Ord. of 5-2-1996, § 301)

Sec. 70-332. – Permitted uses.

In the limited residential district, land may be used for the following uses, and any customarily incidental accessory use, including home occupations:

1) Single-family dwelling.

2) Two-family dwelling.

3) Short-term lodging facility.

4) Agriculture, except keeping of any animals other than those customarily kept as household pets.

5) Agritourism.

6) Place of worship.

7) Public use such as school, park, library, fire and rescue station.

8) Sign subject to sections 70-338 and 70-696 et seq.

9) Accessory apartment.

10) Farm stand, wayside stand.

(Ord. of 5-2-1996, § 302; Ord. of 11-13-2013; Ord. of 06-10-2014; Ord. of 04-14-2015; Ord. of 08-11-15)

Sec. 70-333. – Uses permitted by special use permit.

In the limited residential district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

1) Elder care center, child day care center, or nursery school.

2) Bed and breakfast inn.

3) Keeping of animals other than those customarily kept as household pets.

4) Office not exceeding 4,000 square feet gross floor area, including professional or contracting office.

5) Cultural use.

6) Institutional use.

7) Farmer’s market.

8) Public utility facility.

(Ord. of 5-2-1996, § 303; Ord. of 06-10-14; Ord. of 04/14/2015; Ord. of 08/11/15)

Sec. 70-334. – Area regulations.

(a) In the limited residential district, where a dwelling is served by neither a community water system nor a community sanitary sewer system, the minimum lot area shall be 40,000 square feet.

(b) Where a dwelling is served by either a community water system or a community sanitary sewer system, but not both, the minimum lot area shall be 30,000 square feet.

(c) Where a dwelling is served by both a community water system and a community sanitary sewer system, the minimum lot area shall be 20,000 square feet.

(Ord. of 5-2-1996, § 304)

Sec. 70-335. – Frontage regulations.

In the limited residential district, the minimum lot frontage shall be 100 feet. Each lot shall meet the minimum requirement either at the front lot line, or at the required building setback.

(Ord. of 5-2-1996, § 305)

Sec. 70-336. – Setback and yards.

(a) In the limited residential district, regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet six inches in height.

(b) For setbacks from primary highways, see section 70-646 et seq.

(c) The setback from any secondary road or subdivision street shall be 35 feet from the right-of-way.

(d) The minimum side yard width for each main structure shall be 20 feet. A two-family dwelling, which shall be constructed in a side-by-side arrangement unless otherwise permitted via section 70-1, shall have no side yard requirement for the main structure at the property line which separates the units. The minimum side yard width for each accessory structure shall be ten feet.

(e) The minimum rear yard width for each main structure shall be 35 feet. The minimum rear yard width for each accessory structure shall be ten feet.

(f) For corner lots, the minimum side yard width adjacent to the side street shall be 25 feet. For double-frontage lots, the minimum rear yard width shall be 35 feet.

(g) The zoning administrator may authorize construction of an unenclosed porch no more than ten feet deep to be attached to a single-family dwelling, irrespective of setbacks or required yards, upon finding in writing that such porch will not be detrimental to adjoining property or the intent of this chapter. If the zoning administrator does not make such finding, the board of zoning appeals may grant a special exception for such porch.

(h) The setback for any new dwelling shall be a minimum of 50 feet from the shoreline of any body of water. Construction proposed to take place within any floodplain shall comply with those provisions as outlined in chapter 34

(Ord. of 5-2-1996, § 306; Ord. of 8-11-1998, § 306.07)

Sec. 70-337. – Height regulations.

In the limited residential district, structures other than public utility facilities shall be 40 feet or less in height. The board of zoning appeals may grant a special exception to allow a structure taller than 40 feet.

(Ord. of 5-2-1996, § 307)

Sec. 70-338. – Signs.

(a) In the limited residential district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. See also section 70-696 et seq.

(b) The total area of permanent signs on any lot shall be six square feet or less.

(c) Monument signs and pylon signs shall be eight feet or less in height. Building signs shall not project above the top or sides of the building.

(d) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists and pedestrians.

(Ord. of 5-2-1996, § 308; Ord. of 7-26-2011)

Secs. 70-339—70-360. – Reserved.

 

DIVISION 4. – GENERAL RESIDENTIAL ZONING DISTRICT (R-2)

Sec. 70-361. – Intent.

The general residential district comprises low- and medium-density residential areas. It protects such areas from the traffic, noise, and other effects of commercial and industrial uses and high-density residential development, and avoids conflicts with agricultural uses. It also encourages use of community water and sewer systems.

(Ord. of 5-2-1996, § 401)

Sec. 70-362. – Permitted uses.

In the general residential district, land may be used for the following uses, and any customarily incidental accessory use, including home occupations:

1) Single-family dwelling.

2) Two-family dwelling

3) Short-term lodging facility.

4) Place of worship.

5) Public use such as school, park, library, fire and rescue station.

6) Signs subject to sections 70-368 and 70-696 et seq.

7) Accessory Apartment

(Ord. of 5-2-1996, § 402; Ord. of 04/14/2015; 08/11/15)

Sec. 70-363. – Uses permitted by special use permit.

In the general residential district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

1) Elder care center, day care center, or nursery school.

2) Keeping of animals other than those customarily kept as household pets.

3) Office not exceeding 4,000 square feet gross floor area, including professional or contracting office.

4) Cultural use.

5) Institutional use.

6) Bed and breakfast inn.

7) Public utility facility.

(Ord. of 5-2-1996, § 404; Ord. of 04/14/2015; 08/11/15)

Sec. 70-364. – Area regulations.

(a) In the general residential district, where a dwelling is served by neither a community water system nor a community sanitary sewer system, the minimum lot area shall be 40,000 square feet.

(b) Where a dwelling is served by either a community water system or a community sanitary sewer system, but not both, the minimum lot area shall be 30,000 square feet.

(c) Where a dwelling is served by both a community water system and a community sanitary sewer system, the minimum lot area shall be 10,000 square feet.

(Ord. of 5-2-1996, § 404)

Sec. 70-365. – Frontage regulations.

In the general residential district, the minimum lot frontage shall be 70 feet. Frontage shall be measured from one side lot line to the other, parallel to a segment connecting the endpoints of the front lot line. Each lot shall meet the minimum requirement either at the front lot line, or at the required building setback.

(Ord. of 5-2-1996, § 405)

Sec. 70-366. – Setback and yards.

In the general residential district, the following regulations shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet six inches in height:

(1) For setbacks from primary highways, see section 70-646 et seq.

(2) The setback from any secondary road or subdivision street shall be 35 feet from the right-of-way.

(3) The minimum side yard for each structure shall be ten feet. A two-family dwelling, which shall be constructed in a side-by-side arrangement unless otherwise permitted via section 70-1, shall have no side yard requirement for the main structure at the property line which separates the units.

(4) The minimum rear yard for each main structure shall be 25 feet. The minimum rear yard for each accessory structure shall be ten feet.

(5) For corner lots, the minimum side yard width adjacent to the side street shall be 25 feet. For double-frontage lots, the minimum rear yard width shall be 35 feet.

(6) The zoning administrator may authorize construction of an unenclosed porch no more than ten feet deep to be attached to a single-family dwelling, irrespective of setbacks or required yards, upon finding in writing that such porch will not be detrimental to adjoining property or the intent of this chapter. If the zoning administrator does not make such finding, the board of zoning appeals may grant a special exception for such porch.

(7) The setback for any new dwelling shall be a minimum of 50 feet from the shoreline of any body of water. Construction proposed to take place within any floodplain shall comply with those provisions as outlined in chapter 34

(Ord. of 5-2-1996, § 406; Ord. of 8-11-1998, § 406.07)

Sec. 70-367. – Height regulations.

In the general residential district, structures other than public utility facilities shall be 40 feet in height or less. The board of zoning appeals may grant a special exception to allow a structure taller than 40 feet.

(Ord. of 5-2-1996, § 407)

Sec. 70-368. – Signs.

(a) In the general residential district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. See also section 70-696 et seq.

(b) The total area of permanent signs on any lot shall be six square feet or less.

(c) Monument signs and pylon signs shall be eight feet or less in height. Building signs shall not project above the top or sides of the building.

(d) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists and pedestrians.

(e) Signs with a digital display area of up to sixteen (16) square feet per side or less are allowed when used by a civic organization to replace an existing sign that is lit by conventional methods, provided the sign display is static with no changes more frequent than every 60 seconds, and that the replacement signs has no greater footprint. and contains no more square footage, than the sign that is being replaced.

(Ord. of 5-2-1996, § 408; Ord. of 7-26-2011; Ord. of 02-10-2015)

Secs. 70-369—70-390. – Reserved.

 

DIVISION 5. – PLANNED RESIDENTIAL ZONING DISTRICT (R-3)

Sec. 70-391. – Intent.

The planned residential district is intended for planned residential developments where a portion of the land area is permanently devoted to private recreational or conservation uses, such as lakes, parks, golf courses, or open space. Because of the permanent allocation of such areas, lot size and setback regulations may be less than in other residential districts. It also subjects the development of planned communities to more careful control than is the case for other residential developments.

(Ord. of 5-2-1996, § 501)

Sec. 70-392A. – Permitted uses.

In the planned residential district land may be used for the following uses and any customarily incidental accessory use, including home occupations:

1) Single-family dwelling.

2) Two-family dwelling.

3) Multifamily dwelling.

4) Short-term lodging facility.

5) Community services such as office, day care center, elder care center, or security facility.

6) Place of worship.

7) Public use such as school, park, library, fire/rescue station.

8) Signs subject to sections 70-400 and 70-696 et seq.

9) Accessory Apartment

(Ord. of 5-2-1996, § 502; Ord. of 04/14/2015; 08/11/15)

Sec. 70-392B. – Uses permitted by special use permit.

In the planned residential district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

1) Cultural use.

2) Institutional use.

3) Public utility facility.

(Ord. of 04/14/2015; 08/11/2015)

Sec. 70-393. – Community water and sewer systems.

In the planned residential district, community water and sewer systems, approved by the health department, shall be provided for all lots less than two acres in area. Individual wells and sewage disposal systems, approved by the health department, may be used on any lot of two acres or more.

(Ord. of 5-2-1996, § 503)

Sec. 70-394. – Streets and roads.

In the planned residential district, streets and roads shall be designed and constructed in accordance with the state department of transportation subdivision street standards. Streets and roads shall be maintained either by the state department of transportation or by a property owners’ association established pursuant to Code of Virginia, § 55-508 et seq.

(Ord. of 5-2-1996, § 504)

Sec. 70-395. – Site standards.

In the planned residential district, the minimum site area for a planned residential community pursuant to this division shall be 30 acres. At least one-third of the total area shall be owned by the property owners’ association and reserved for recreation and open space.

(Ord. of 5-2-1996, § 505)

Sec. 70-396. – Height regulations.

In the planned residential district, structures other than public utility facilities shall be 40 feet or less in height. The board of zoning appeals may grant a special exception to allow a structure taller than 40 feet.

(Ord. of 5-2-1996, § 506)

Sec. 70-397. – Plan of development may be proffered as condition of rezoning.

At the time of application for rezoning, the applicant may submit a complete plan of development, showing:

(1) The areas to be subdivided for dwelling units;

(2) The areas to be used for recreation and community facilities;

(3) Preliminary plans for community water and sanitary sewer systems;

(4) Preliminary plans of roads;

(5) Draft articles of incorporation of the property owners’ association;

(6) Draft conditions, covenants and restrictions for property owners; and

(7) Other information necessary for the county to determine whether the application serves the public health, safety and general welfare.

All information submitted by the applicant pursuant to this section shall be proffered as conditions for rezoning, pursuant to Code of Virginia, § 15.2-2297. Approval of the application for rezoning shall constitute acceptance of such proffered conditions, and the rezoning shall be conditioned upon the fulfillment of such proffers.

(Ord. of 5-2-1996, § 507)

Sec. 70-398. – Area and frontage regulations.

An application for rezoning shall set forth the minimum area and frontage of lots. After approval by the board of supervisors, such requirements shall become part of the zoning regulations for the property. For any property zoned R-3 as of January 1, 1990, the minimum lot area shall be 10,000 square feet, and the minimum frontage shall be 60 feet.

(Ord. of 5-2-1996, § 508)

Sec. 70-399. – Setback and yards.

(a) In the planned residential district, the setback from primary highways shall be determined by section 70-646. The application for rezoning shall set forth requirements for setbacks from subdivision streets, and side and rear yards. After approval by the board of supervisors, the property owners’ association shall be responsible for administering the regulations for setbacks and yards. For any property zoned R-3 as of January 1, 1990, the setback shall be 35 feet from the right-of-way of the front street, the setback shall be 25 feet from the right-of-way of the side street for corner lots, the minimum side yard shall be eight feet, and the minimum rear yard shall be 25 feet.

(b) The setback for any new dwelling shall be a minimum of 50 feet from the shoreline of any body of water. For any property zoned R-3 as of January 1, 1990, the setback shall be 25 feet from the shoreline of any body of water. Construction proposed to take place within any floodplain shall comply with those provisions as outlined in chapter 34

(Ord. of 5-2-1996, § 509; Ord. of 8-11-1998, § 509.01; Ord. of 5-8-2001)

Sec. 70-400. – Signs.

(a) In the planned residential district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. See also section 70-696 et seq.

(b) Multifamily dwellings shall be permitted one square foot of sign area for every two linear feet of building frontage. The total area in signs shall be distributed among building, pylon and monument signs such that pylon signs make up no more than half the total.

(c) Other uses and unimproved lots shall be limited to six square feet of permanent signs.

(d) Monument signs and pylon signs shall be eight feet or less in height. Building signs shall not project above the top or sides of the building.

(e) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists and pedestrians.

(Ord. of 5-2-1996, § 510; Ord. of 7-26-2011)

Secs. 70-401—70-420. – Reserved.

 

DIVISION 6. – MULTIFAMILY RESIDENTIAL ZONING DISTRICT (R-4)

Sec. 70-421. – Intent.

The multifamily residential district is composed of multifamily dwellings such as garden apartments, townhouses, housing for the elderly or disabled, and other uses of a similar intensity. It protects such areas from the traffic, noise, and other effects of commercial and industrial uses, and avoids conflicts with agricultural uses. The uses in this district require community water and sewer systems.

(Ord. of 5-2-1996, § 601)

Sec. 70-422. – Permitted uses.

In the multifamily residential district, land may be used for the following uses, and any customarily incidental accessory use, including home occupations:

(1) Single-family dwellings.

(2) Two-family dwellings.

(3) Multifamily dwellings.

(4) Elder care center, child day care center, or nursery school.

(5) Place of worship.

(6) Public uses such as school, park, library or fire/rescue station.

(7) Recreational, administrative and service facilities that are an integral part of a housing complex.

(8) Signs subject to sections 70-431 and 70-696 et seq.

(9) Accessory Apartment

(Ord. of 5-2-1996, § 602; Ord. 08/11/15)

Sec. 70-423. – Uses permitted by special use permit.

In the multifamily residential district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

(1) Housing for the elderly or disabled at a density of up to 25 dwelling units per acre, provided that commercial, recreational and religious uses are within one-fourth mile.

(2) Two or more new manufactured units that meet the HUD Manufactured Home Construction and Safety Standards or the CABO One and Two Family Dwelling Code, with site-built amenities such as a garage, porch or facade, incorporated into a single residential structure containing at least 1,400 square feet of living space, skirted on all sides with brick, with a roof pitch of at least 5:12.

(3) Nursing home.

(4) Professional office.

(5) Retail store not exceeding 4,000 square feet gross floor area.

(6) Public utility facility.

(Ord. of 5-2-1996, § 603; Ord. 08/11/15)

Sec. 70-424. – Community water and sewer systems.

In the multifamily residential district, community water and sewer systems, approved by the health department, shall be provided for all lots, buildings and structures.

(Ord. of 5-2-1996, § 604)

Sec. 70-425. – Area and density.

(a) In the multifamily residential district, the minimum area for a multifamily project shall be five acres.

(b) The maximum density shall be eight units per gross acre, except for housing for the elderly or disabled pursuant to section 70-423(1).

(Ord. of 5-2-1996, § 605)

Sec. 70-426. – Frontage regulations.

(a) In the multifamily residential district, each lot shall meet the minimum requirement either at the front lot line, or at the required building setback.

(b) For any use other than attached single-family dwellings, the minimum frontage shall be 70 feet.

(c) For attached single-family dwellings, the minimum frontage shall be 18 feet.

(Ord. of 5-2-1996, § 606)

Sec. 70-427. – Setback and yards.

(a) In the multifamily residential district, the regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet, six inches in height.

(b) For setbacks from primary highways, see section 70-646 et seq.

(c) The setback from any existing or proposed secondary road shall be 35 feet from the right-of-way. The setback from any street internal to the development shall be

20 feet from the right-of-way.

(d) The setback for any apartment building from a its parking lot shall be 20 feet.

(e) The minimum rear yard for attached or unattached single-family dwellings or accessory structures shall be 25 feet.

(f) The minimum side or rear yard for apartment buildings and commercial buildings shall be 50 feet.

(g) The space between buildings in an apartment complex shall not be less than 1.5 times the height of the taller of the buildings if windows exist in one or both facing walls. If facing walls have no windows, the distance between buildings shall not be less than the height of the taller of the buildings.

(h) The setback for any new dwelling shall be a minimum of 50 feet from the shoreline of any body of water. Construction proposed to take place within any floodplain shall comply with those provisions as outlined in chapter 34

(Ord. of 5-2-1996, § 607; Ord. of 8-11-1998, § 607.07; Ord. of 01-10-2017)

Sec. 70-428. – Height regulation.

In the multifamily residential district, structures other than public utility facilities shall be 50 feet or less in height. The board of zoning appeals may grant a special exception to allow a structure taller than 50 feet.

(Ord. of 5-2-1996, § 608)

Sec. 70-429. – Requirements for common areas.

In the multifamily residential district, at least one-third of the gross land area of a multifamily project shall be set aside for recreation and open space. Such common areas shall be located on the same tract of land as the multifamily dwellings and shall be available for entry and use by the occupants. The owner shall designate an agent, satisfactory to the board of supervisors, to maintain such common areas without expense to the county. Such areas shall be used exclusively for recreation and shall not include parking lots, streets or other impervious surfaces. Each project shall provide at least two playgrounds, and no playground shall be less than 10,000 square feet in area. At least one shall be improved with equipment appropriate to preschool and elementary schoolchildren, and at least one shall be improved with equipment appropriate for secondary schoolchildren.

(Ord. of 5-2-1996, § 609)

Sec. 70-430. – Limitation on number of units.

In the multifamily residential district, no more than eight townhouses or other attached single-family dwelling units shall be included in one structure. The maximum length of any structure in this district shall not exceed 200 feet, except for nursing homes or housing for the elderly or disabled.

(Ord. of 5-2-1996, § 610)

Sec. 70-431. – Signs.

(a) In the multifamily residential district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. See also section 70-696 et seq.

(b) The total area of permanent signs on any lot occupied by multifamily dwellings shall be one square foot of sign area for every two linear feet of building frontage. The total area shall be distributed among building, pylon and monument signs such that pylon signs make up no more than one-half of the total.

(c) The total area of permanent signs on any lot not occupied by multifamily dwellings shall be limited to ten square feet.

(d) Pylon signs shall be eight feet or less in height. Building signs shall not project above the top or sides of the building.

(Ord. of 5-2-1996, § 611; Ord. of 7-26-2011)

Secs. 70-432—70-450. – Reserved.

 

DIVISION 7. – LIMITED COMMERCIAL ZONING DISTRICT (C-1)

Sec. 70-451. – Intent.

The limited commercial district provides for small businesses that will serve nearby residential districts. The character of development should be compatible with residential surroundings. Traffic and parking congestion should be held to a minimum to protect the public safety while preserving neighborhood character and property values in the surrounding residential districts. This district may serve as a buffer between more intensive commercial development and residential or agricultural uses.

(Ord. of 5-2-1996, § 701)

Sec. 70-452. – Permitted uses.

In the limited commercial district, land may be used for the following uses and any customarily incidental accessory use, provided that no merchandise, materials, tractor-trailers, or equipment are stored outdoors:

1) Office not exceeding 4,000 square feet of gross floor area.

2) Place of worship.

3) Public use such as school, park, library, or fire/rescue station.

4) Retail store not exceeding 4,000 square feet of gross floor area.

5) Signs in accordance with sections 70-456 and 70-696 et seq.

6) Up to four dwelling units attached to an office or a retail store.

7) Temporary uses, with a zoning permit pursuant to section 70-940, limited to the following:

a. Temporary or seasonal sales.

b. Special events.

8) Outdoor power equipment, motorcycle, all-terrain vehicle, watercraft repair and storage.

9) Cultural use.

10) Commercial indoor recreational use.

11) Institutional use.

12) Microbrewery / Microdistillery, provided that outdoor live music/entertainment is

not permitted.

(Ord. of 5-2-1996, § 702; Ord. of 3-9-2010; Ord. of 06-10-14(8); Ord. of 04/14/2015; 08/11/15, Ord. 03-13-2018)

Sec. 70-453. – Uses permitted by special use permit.

In the limited commercial district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

1) Any commercial use compatible with residential surroundings that is not permitted in any other district.

2) Bed and breakfast inn with/without a restaurant open to non-guests.

3) Commercial outdoor recreational use.

4) Public utility facility

(Ord. of 5-2-1996, § 703; Ord. of 04/14/2015; 08/11/15)

Sec. 70-454. – Setback and yards.

(a) In the limited commercial district, the regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet, six inches in height.

(b) For setbacks from primary highways, see section 70-646 et seq.

(c) The setback from any secondary road or subdivision street shall be 35 feet from the right-of-way.

(d) The minimum side yard width shall be 20 feet.

(e) The minimum rear yard width shall be 35 feet.

(f) For corner lots, the minimum yard width adjacent to the side street shall be 35 feet. For double-frontage lots, the minimum rear yard width shall be 35 feet.

(g) No more than two-thirds of any lot shall be covered with impervious surfaces such as buildings and parking lots.

(Ord. of 5-2-1996, § 704)

Sec. 70-455. – Height regulations.

In the limited commercial district, structures other than public utility facilities shall be 40 feet or less in height. The board of zoning appeals may grant a special exception to allow a structure taller than 40 feet.

(Ord. of 5-2-1996, § 705)

Sec. 70-456. – Signs.

(a) In the limited commercial district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines.

(b) The total area of permanent signs on any improved lot shall not exceed two square feet of sign for each linear foot of building frontage. The total shall be distributed among building, pylon and monument signs such that pylon signs make up no more than half the total.

(c) The total area of permanent signs on any unimproved lot shall not exceed 32 square feet.

(d) The height of on-site pylon signs shall not exceed 18 feet. Building signs shall not project above the top of the building more than one-third of the total height of the building.

(e) The total area of off-site advertising signs on any lot shall not exceed 32 square feet. The height of off-site advertising signs shall not exceed eight feet.

(f) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists or pedestrians.

(g) Digital signs are permitted as set forth in section 70-701

(Ord. of 5-2-1996, § 706; Ord. of 7-26-2011)

Secs. 70-457—70-480. – Reserved.

 

DIVISION 8. – GENERAL COMMERCIAL ZONING DISTRICT (C-2)

Sec. 70-481. – Intent.

The general commercial district provides for commercial uses to which the public requires direct and frequent access. General commercial uses will normally be located on primary highways near population centers. Agricultural uses and residential developments are not permitted because they tend to conflict with commercial uses over traffic, noise, hours of operation, and other nuisance issues. Industrial uses, which tend to create less serious conflicts, are permitted by special use permit.

(Ord. of 5-2-1996, § 801)

Sec. 70-482. – Permitted uses.

In the general commercial district, land may be used for the following uses and any accessory use:

1) Automobile sales, service, storage or rental.

2) Commercial assembly plant, such as a printing or framing shop.

3) Office / Office building.

4) Place of worship.

5) Cultural use.

6) Commercial indoor or non-vehicular outdoor recreational use.

7) Institutional use.

8) Public use such as school, park, library, or fire/rescue station.

9) Restaurant.

10) Retail store.

11) Signs in accordance with sections 70-486 and 70-696 et seq.

12) Up to four dwelling units attached to any permitted commercial use.

13) Temporary uses, with a zoning permit pursuant to section 70-940, limited to the following:

a. Temporary or seasonal sales.

b. Special events.

14) Vocational training facility.

15) Outdoor power equipment, motorcycle, all-terrain vehicle, watercraft repair and

storage.

16) Microbrewery / Microdistillery.

(Ord. of 5-2-1996, § 802; Ord. of 3-9-2010; Ord. of 11-13-2013; Ord. of 06-10-14 (13); Ord. of 04/14/2015; 08/11/15, Ord. 03-13-2018)

Sec. 70-483. – Uses permitted by special use permit.

In the general commercial district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

1) Carnival, circus, noncommercial fairground or similar temporary activity.

2) Bed and breakfast inn with/without a restaurant open to non-guests.

3) Limited manufacturing and processing.

4) Manufactured home sales and service.

5) Theater, video game parlor, or other recreational use.

6) Wholesale distribution or warehouse.

7) Adult-oriented business.

8) Commercial outdoor vehicular recreational use.

9) Public utility facility

10) Self-storage facility

11) Any commercial use which is not expressly permitted in this district.

(Ord. of 5-2-1996, § 803; Ord. of 04/14/2015; 08/11/15; 01/10/17)

Sec. 70-484. – Setback and yards.

(a) In the general commercial district, the regulations of this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet, six inches in height.

(b) For setbacks from primary highways, see section 70-646 et seq.

(c) The setback from any secondary road or subdivision street shall be 35 feet from the right-of-way.

(d) The minimum side or rear yard width adjacent to a residential or agricultural district shall be 50 feet. The side or rear yard shall be suitably fenced and/or landscaped to screen the agricultural or residential use from any adverse impact. The suitability of the fencing or landscaping shall be reviewed and approved as part of the site plan review before a zoning permit is issued. (See section 70-117 et seq.)

(e) The minimum side yard width adjacent to a commercial or industrial district shall be ten feet. The minimum rear yard width adjacent to a commercial or industrial district shall be 20 feet.

(f) For corner lots, the minimum side yard width adjacent to the side street shall be 35 feet. For double-frontage lots, the minimum rear yard width shall be 35 feet.

(Ord. of 5-2-1996, § 804; Ord. of 8-11-1998, § 804.04)

Sec. 70-485. – Height regulations.

In the general commercial district, structures shall be 100 feet or less in height. The board of supervisors may grant a special exception to allow a structure taller than 100 feet. See section 70-67(a).

(Ord. of 5-2-1996, § 805)

Sec. 70-486. – Signs.

(a) In the general commercial district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines.

(b) The total area of permanent signs on any improved lot shall not exceed two square foot of sign for each linear foot of building frontage. The total shall be distributed among building, pylon and monument signs such that pylon signs make up no more than half the total.

(c) The total area of permanent signs on any unimproved lot shall not exceed 32 square feet.

(d) The height of on-site pylon signs shall not exceed 18 feet. Building signs shall not project above the top of the building more than one-third of the total height of the building.

(e) The total area of off-site signs on any lot shall not exceed 32 square feet. The height of off-site signs shall not exceed eight feet.

(f) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists or pedestrians.

(g) Digital signs are permitted as set forth in section 70-701

(Ord. of 5-2-1996, § 806; Ord. of 7-26-2011)

Secs. 70-487—70-510. – Reserved.

 

DIVISION 9. – LIMITED INDUSTRIAL ZONING DISTRICT (I-1)

Sec. 70-511. – Intent.

The limited industrial district establishes an area for industrial uses which may create some nuisance, and which are not compatible with residential or neighborhood commercial service uses. It encourages research and development and other office industrial uses by separating them from both heavy industry and residential and neighborhood commercial uses.

(Ord. of 5-2-1996, § 901)

Sec. 70-512. – Permitted uses.

In the limited industrial district, land may be used for the following uses and any customarily incidental accessory use, provided that no merchandise, materials, or equipment are stored outdoors:

(1) Automobile and equipment sales, service, storage or rental.

(2) Laboratory.

(3) Limited manufacturing and processing.

(4) Office / Office Building.

(5) Public utility, fire or rescue station, or maintenance facility.

(6) Signs in accordance with sections 70-516 and 70-696 et seq.

(7) Wholesale distribution or warehouse.

(8) Vocational Training Facility

(9) Outdoor Power Equipment Motorcycle. All-Terrain Vehicle. Watercraft Repair and Storage

(Ord. of 5-2-1996, § 902; Ord. of 11-13-2013; Ord. of 06-10-14 (9))

Sec. 70-513. – Uses permitted by special use permit.

In the limited industrial district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

(1) Any commercial use.

(2) Any industrial use which is conducted outdoors.

(Ord. of 5-2-1996, § 903)

Sec. 70-514. – Setback and yards.

(a) In the limited industrial district, the regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet, six inches in height.

(b) For setbacks from primary highways, see section 70-646 et seq.

(c) The setback from any secondary road or subdivision street shall be 50 feet from the right-of-way.

(d) The minimum side or rear yard width adjacent to an agricultural or residential district shall be 100 feet. The side or rear yard shall be suitably fenced or landscaped, or both, to protect the adjacent property from any adverse impact. The suitability of the fencing or landscaping shall be reviewed and approved as part of the site plan review before a zoning permit is issued. See section 70-116 et seq.

(e) The minimum rear yard width adjacent to a commercial or industrial district shall be 50 feet.

(f) For corner lots, the minimum side yard width adjacent to the side street shall be 50 feet. For double-frontage lots, the minimum rear yard width shall be 50 feet.

(Ord. of 5-2-1996, § 904)

Sec. 70-515. – Height regulations.

In the limited industrial district, structures shall be 100 feet or less in height. The board of supervisors may grant a special exception to allow a structure taller than 100 feet. See section 70-67(a).

(Ord. of 5-2-1996, § 905)

Sec. 70-516. – Signs.

(a) In the limited industrial district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines.

(b) The total area of permanent signs on any improved lot shall not exceed one square foot of sign for each linear foot of building frontage. The total area of signs shall be distributed among building, pylon and monument signs such that pylon signs make up no more than half the total.

(c) The total area of permanent signs on any unimproved lot shall not exceed 32 square feet.

(d) The height of on-site pylon signs shall not exceed 18 feet. Building signs shall not project above the top of the building more than one-third of the total height of the building. The height of off-site signs shall not exceed eight feet.

(e) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists or pedestrians.

(f) Digital signs are permitted as set forth in section 70-701

(Ord. of 5-2-1996, § 906; Ord. of 7-26-2011)

Secs. 70-517—70-540. – Reserved.

 

DIVISION 10. – GENERAL INDUSTRIAL ZONING DISTRICT (I-2)

Sec. 70-541. – Intent.

The intent of the general industrial district is to provide areas for manufacturing, processing and assembling of parts and products, distribution of products at wholesale, and a broad variety of specialized industrial operations, and areas which may be conducive to and appropriate for such activities. Because of their potential to generate nuisances, an emphasis is placed on adequate buffering and development standards to provide reasonable protections for neighboring properties. Industrial uses should be discouraged in situations where such uses would incur unmitigated audible or other impacts on neighboring properties, particularly those with considerable residential density.

Typically, general industrial districts should only be located in areas designated for such activities by the comprehensive plan. These districts are generally intended to be located in areas served by public water and sewer, in close proximity to rail lines and/or airports, and where there is quick and convenient access to primary roads.

(Ord. of 03-08-2016)

Sec. 70-542. – Permitted uses.

In the general industrial district, land may be used for the following uses and any customarily incidental accessory use:

(1) Accessory retail or office use, not exceeding twenty percent (20%) of the gross floor area of the principal use.

(2) Brewery.

(3) Building materials sales establishment.

(4) Contractor’s shop.

(5) Data center.

(6) Distillery.

(7) Feed, grain, and fertilizer sales.

(8) Greenhouse, commercial.

(9) Laboratory.

(10) Lumberyard or sawmill.

(11) Machine shop.

(12) Machinery and heavy equipment sales, rental, and service.

(13) Manufacturing, processing, assembly, and/or packaging of goods within the following categories:

(a) Apparel and other fabricated textile products (SIC Major Group 23*);

(b) Converted paper and paperboard products (SIC Industry Group 267*);

(c) Electronics and electrical components;

(d) Fabricated metal products and machinery, not to include the usage of on-site foundries and/or smelting;

(e) Food products (SIC Major Group 20*), not to include any on-site slaughtering;

(f) Furniture and fixtures (SIC Major Group 25*);

(g) Leather products (SIC Major Group 31*);

(h) Measuring, analyzing, and controlling instruments (SIC Major Group 38*);

(i) Motor vehicles, motorcycles, travel trailers/campers, and related transportation parts and equipment;

(j) Paperboard containers and boxes (SIC Industry Group 265*);

(k) Pharmaceuticals, cosmetics, and toiletries;

(l) Pottery, stone, and glass products;

(m) Rubber and plastic products (SIC Major Group 30*);

(n) Soaps, detergents, and specialty cleaners (SIC categories 2841 and 2842*);

(o) Textile mill products (SIC Major Group 22*); and

(p) Wood products, including prefabricated structures.

(14) Outdoor power equipment, motorcycle, all-terrain vehicle, and watercraft repair and storage.

(15) Printing and publishing facility.

(16) Publicly-owned recreational uses and facilities.

(17) Self-storage facility.

(18) Signs in accordance with sections 70-547 and 70-696 et seq.

(19) Temporary uses, with an approved zoning permit.

(20) Vehicular repair, storage, and service.

(21) Vocational training facility.

(22) Wholesale or distribution center.

* Includes the stated uses as well as the types of manufacturing categorized under the referenced Standard Industrial Classification (SIC) groupings.

(Ord. of 03-08-2016)

Sec. 70-543. – Uses permitted by special use permit.

In the general industrial district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

(1) Accessory retail or office use exceeding twenty percent (20%) but not greater than fifty percent (50%) of the gross floor area of the principal use.

(2) Airport.

(3) Brewery or Distillery with on-site food preparation.

(4) Bulk fuel storage and distribution as a principal use.

(5) Commercial recreational use.

(6) Flea market.

(7) Junkyard or salvage operation.

(8) Landfill.

(9) Manufacturing, processing, assembly, and/or packaging of goods within the following categories:

(a) Any use involving the usage of an on-site foundry and/or smelting processes;

(b) Carbon fiber and fiberglass products;

(c) Concrete, gypsum, and plaster products (SIC Industry Group 327*);

(d) Explosives (SIC category 2892*);

(e) Fertilizer, herbicide, pesticide, and other agricultural chemicals (SIC Industry Group 287*);

(f) Organic and inorganic chemicals (SIC Industry Groups 286 and 281*);

(g) Paints, varnishes, lacquers, adhesives, sealants and other similar fluids/compounds;

(h) Refined petroleum products (SIC Major Group 29*); and

(i) Structural clay products (SIC Industry Group 325*);

(10) Materials recovery facility.

(11) Mining, including stone-crushing and immediate on-site processing of mined materials.

(12) Office/Office building as a principal use.

(13) Place of worship.

(14) Public utility facility.

(15) Rendering plant, tannery, or other similar use of an odorous nature involving the production or processing of animal products.

(16) Telecommunications tower.

(17) Vehicular sales and rental.

* Includes the stated uses as well as the types of manufacturing categorized under the referenced Standard Industrial Classification (SIC) groupings.

(Ord. of 03-08-2016)

Sec. 70-544. – Setback and yards.

(a) In the general industrial district, the regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet, six inches in height.

(b) For setbacks from primary highways, see section 70-646 et seq.

(c) The setback from any secondary road or subdivision street shall be 35 feet from the right-of-way.

(d) The minimum side or rear yard width adjacent to a residential or agricultural district shall be 100 feet, or 50 feet for lots within the Thomas E. Lee Industrial Park. The side or rear yard shall be suitably fenced or landscaped, or both, to protect the adjacent use from any adverse impact. Fencing shall be at least eight feet in height as measured from grade and shall consist of a solid material such that the industrial use is effectively screened from view. Landscaping shall at least consist of two rows of evergreen trees, at least eight feet in height and located 20 feet apart and staggered. The suitability of the fencing or landscaping shall be reviewed and approved as part of the site plan review before a zoning permit is issued. See section 70-116 et seq. The property owner shall be responsible for maintaining landscaping and fencing, including the replacement of dead trees and shrubs and the repair of any damaged or broken fencing, in a manner consistent with the provisions of this section.

(e) The minimum side or rear yard width adjacent to a commercial or industrial district shall be 50 feet.

(f) For corner lots, the minimum side yard width adjacent to the side street shall be 50 feet. For double-frontage lots, the minimum rear yard width shall be 50 feet.

(g) Setback and yard requirements for lots in the Thomas E. Lee Industrial Park:

(1) Front yard. Thirty-five (35) feet from any secondary road or fifty (50) feet when the opposing frontage is within an agricultural or residential district. For setbacks from primary road rights-of-way, see section 70-646 et seq.

(2) Side yard. Ten (10) feet when adjacent to an industrial or commercial district; fifty (50) feet when adjacent to an agricultural or residential district; zero (0) feet when adjacent to a railroad right-of-way.

(3) Rear yard. Ten (10) feet when adjacent to an industrial or commercial district; fifty (50) feet when adjacent to an agricultural or residential district; thirty-five (35) feet for double-frontage lots; zero (0) feet when adjacent to a railroad right-of-way.

(4) Corner lot yards. Thirty-five (35) feet adjacent to both frontages; fifty (50) feet when adjacent to or opposite from an agricultural or residential district.

(Ord. of 5-2-1996, § 1004; Ord. of 8-11-1998, § 1004.03; Ord of 03-08-2016)

Sec. 70-545. – Height regulations.

In the general industrial district, structures shall be 100 feet or less in height. The board of supervisors may grant a special exception to allow a structure taller than 100 feet. See section 70-67(a).

(Ord. of 5-2-1996, § 1005)

Sec. 70-546. – Signs.

(a) In the general industrial district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines.

(b) The total area of permanent signs on any improved lot shall not exceed one square foot of sign for each linear foot of building frontage. The total area of signs shall be distributed among building, pylon and monument signs such that pylon signs make up no more than half the total.

(c) The total area of signs on any unimproved lot shall not exceed 32 square feet.

(d) The height of on-site pylon signs shall not exceed 18 feet. Building signs shall not project above the top of the building more than one-third of the total height of the building. The height of off-site signs shall not exceed eight feet.

(e) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists or pedestrians.

(f) Digital signs are permitted as set forth in section 70-701

(Ord. of 5-2-1996, § 1006; Ord. of 7-26-2011)

Secs. 70-547—70-549. – Reserved.

 

DIVISION 11 – Barboursville Village Overlay District

Sec. 70-550. – Purpose and Intent.

  1. The Barboursville Village Overlay District (BVOD) implements the policies, objectives, and purposes of the Comprehensive Plan and the Code of Virginia § 15.2-2283 by providing standards to protect and enhance the character of the area which complement the requirements of the underlying zoning districts. These regulations are intended to foster a higher standard of commercial building design and site design which is respectful of the cultural and historic nature of Barboursville, and produces development that complements, rather than detracts, from the character of the area. This character is in large part due to the Federal, Georgian, Greek Revival, Vernacular Victorian, and post and beam/timber frame architectural stylistic elements that were common of buildings built in the area during the eighteenth, nineteenth, and early twentieth centuries. Accordingly, a major purpose of this overlay is to provide avenues for nonresidential development to be substantially reflective of these architectural styles, while allowing for modern building practices. These regulations are further intended to retain the small village and community identity through the use of setback reductions to encourage a slightly greater degree of density and a continuation of the unique development pattern, through the use of restrictions on certain incompatible uses, and through the utilization of the underlying traditional, Euclidian zoning districts. However, these goals are to be achieved while not inhibiting the functionality of the arterial highways traversing the area. Finally, the village boundaries are arranged such that development will generally be encouraged within them and generally be discouraged outside of them.

Sec. 70-551. – Establishment and Applicability.

  1. Applicability. These overlay district regulations shall apply to the area designated as the Barboursville village on the Recommended Land Use Map of the adopted 2013 Comprehensive Plan, and more specifically as shown on the map adopted by the Board of Supervisors.
  2. Overlay concept. Unless otherwise stated herein, the permitted uses and other regulations of the underlying zoning districts and all other sections of this Zoning Ordinance shall continue to apply. All commercial development within the district shall conform to these provisions, unless specifically exempted.
  3. Zoning Map. The boundaries of this district shall be clearly delineated on the county’s zoning maps.
  4. A BVOD Advisory Committee (BVODAC) shall be appointed by the Board Of Supervisors for terms of two (2) years each. The BVODAC shall be comprised of three (3) persons, at least two (2) of whom must reside in, or own real estate in, the BVOD.

Sec. 70-552. – Administration.

  1. Review procedures. All commercial development within the BVOD shall conform to the zoning permit and site plan requirements set forth in Article II of this Chapter. The Zoning Administrator shall refer all submitted minor and major site plans or development proposals within the BVOD to the BVOD Advisory Committee for their review and comment. The Zoning Administrator may refer any submitted site plan or development proposal within the BVOD to the Planning Commission for their review and comment. If the Zoning Administrator denies any part of a site plan or development proposal that he/she finds is not consistent with these overlay regulations, the applicant may make a written request for the matter to be reviewed and determined by the Commission.
  2. Nonconformities. Unless otherwise stated or modified herein, nonconforming uses and structures shall be regulated by Article III of this Chapter.
    1. If a commercial structure is nonconforming due to encroaching on a setback area or required yard, it may be expanded or enlarged provided the new portion of the structure is no closer to the affected property line than the nonconforming portion.

Sec. 70-553. – Uses.

  1. Except as provided in the following subsection, all by-right permitted uses and all special uses in the underlying zoning districts shall be permitted within the BVOD in accordance with individual district regulations.
  2. The following uses shall not be permitted within the BVOD.
    1. Adult-oriented business.
    2. Public utility facility.
    3. Self-storage facility.
    4. Wholesale or distribution center.
    5. Any use utilizing drive-through facilities.
  3. Any retail store in excess of five thousand square feet is allowed only by special use permit.

Sec. 70-554. – Area and Frontage Requirements.

Minimum lot area and frontage requirements shall be regulated by the underlying zoning districts.

Sec. 70-555. – Minimum Setback Requirements.

The specific requirements provided in this section shall supersede those found elsewhere in this Ordinance, but only within the boundaries of the BVOD. Setback distances not modified by this section shall be regulated by the underlying zoning district(s).

  1. Constitution Highway (Route 20) and Spotswood Trail (Route 33): minimum setback of seventy-five (75) feet from center-line of the road, which shall apply to all buildings and structures. Parking areas may encroach up to half this minimum distance. Freestanding signs shall have a minimum setback distance from the right of way which is equal to the height of the sign.
  2. Governor Barbour Street (Route 678): no minimum setback requirement for structures or signs.
  3. Old Barboursville Road (Route 738): minimum setback of twenty-five (25) feet from the centerline of the road for structures and signs.
  4. Adjacent to the railroad right-of-way: no minimum setback requirement.

Sec. 70-556. – Height Requirements.

No commercial building or structure within the BVOD shall exceed forty (40) feet in height.

Sec. 70-557. – Commercial Building Standards.

  1. Applicability. The standards set forth in this section shall apply to all new commercial development within the BVOD. For the purposes of this section, “new” shall refer to any commercial building or structure built after adoption of this overlay district. .
  2. Building design. Commercial buildings shall incorporate the architectural treatments and design considerations established below.
    1. Any commercial building within the BVOD shall be constructed in any of the following architectural styles by making substantial use of the building elements identified below for the style. Style elements may be physically installed or simulated.

Federal/Georgian Example

Federal/Georgian

  • Brick or clapboard exterior
  • A square or rectangular building shape
  • Double-hung windows with divided lights and shutters
  • Gable windows
  • An embellished front entryway (e.g. elliptical fanlights, side lights, Palladian windows, columns, a porch, etc.)
  • A hip roof or side-gable roof
  • A symmetrical arrangement of doors and windows
  • Exterior cornice molding
  • Quoins
  • End-chimneys

Greek Revival Example

Greek Revival

  • Brick, clapboard, stucco, or stone exterior
  • A square or rectangular building shape
  • A full-height front porch supported by stylized columns
  • A front gable with a pediment
  • Decorative pilasters
  • Double-hung windows with divided lights
  • Exterior cornice molding
  • An embellished front entryway (a horizontal transom, side lights, columns, etc.)
  • A hip roof or low-pitched gable roof

Folk Victorian Example

Vernacular (Folk) Victorian

  • A square, rectangular, or L-shaped building
  • A front-gable roof
  • Clapboard and/or decorative siding (i.e. “fishscale” siding) exterior
  • Bracketed eaves
  • A continuous or mostly-continuous front porch with decorative embellishments (e.g. spindlework, brackets, stylized columns, etc)
  • Decorative front gable-end detailing
  • Double-hung windows with top pediments

Post & Beam / Timber Frame Example

Post & Beam / Timber Frame

  • Exposed structural components (i.e. rafters, purlins, posts, girts, knee braces, brackets, etc.)
  • A square or rectangular building shape
  • A prominent, covered entryway
  • Vertical siding, clapboard, stone, stucco, or shake exterior
  • A gable roof or gambrel roof
  • Metal, shake, or slate roofing materials
    1. Building and roofing colors shall be subtle, neutral and/or earth tones, and shall be of low-reflectance.
    2. Strip centers as a building design shall not be permitted within the BVOD. For the purposes of this section, a strip center shall mean any single-story building used for three (3) or more separate commercial uses which are contained within separate units that share a common frontage.
  1. Mechanical equipment. Roof-mounted mechanical equipment shall be opaquely screened from view at grade by parapet walls or other similar structures that reflect the architecture of the building. Ground-mounted mechanical equipment shall not be located in any yard adjacent to a public road, and shall be opaquely screened from view by walls or structures that are a continuation of the principal structure’s architecture.
  2. Waste receptacles. Trash dumpsters and waste receptacles for commercial use shall not be located in any yard adjacent to a public road, and shall be opaquely screened from view by fencing and/or evergreen landscaping. This standard shall retroactively apply to any lot upon any new development or complete redevelopment.
  3. Lighting. All exterior lighting shall be of the full-cutoff variety that directs light downward and away from street or neighboring properties and shall have a historic and/or high-grade style of design reflective of the examples provided below.
  1. Fencing. Picket fences and split-rail fences are the permitted fence types. Chain-link fencing is expressly prohibited except for security and safety purposes to enclose trash containers, HVAC, electrical etc. In such case the chain-link fencing itself must be opaquely screened from public view by use of approved fencing or natural buffer such as bushes and trees.

Sec. 70-558. – Off-street Parking and Landscaping.

Off-street parking, loading, and landscaping shall be regulated by the Supplementary District Regulations section of this Chapter.

Sec. 70-559. – Outdoor Storage.

Outdoor storage of goods and materials related to any commercial use shall not be located in any yard adjacent to a public road, and shall be opaquely screened by fencing and/or evergreen landscaping, or shall be within an approved accessory building.

Sec. 70-560. – Signage.

  1. Area. Maximum allowable area of signage shall be regulated by the underlying zoning district.
  2. Height. Freestanding signs within the BVOD shall not exceed eight (8) feet in height. Building signs shall not extend above the highest point of the building to which they’re attached.
  3. Style. Monument signs are the only style of freestanding sign permitted in the BVOD.
  4. Digital signs. Digital signs shall have a static display (no strobes or star-bursts etc) of a single color, and may feature a change of message no more frequent than once per sixty (60) seconds.

 

DIVISION 12. – PLANNED DEVELOPMENT – BUSINESS (PDB)

Sec. 70-565A. – Purpose and Intent.

  1. The Planned Development – Business district implements the policies, objectives, and purposes of the Comprehensive Plan, the Germanna-Wilderness Area Plan, and the Code of Virginia § 15.2-2283 by allowing for flexibility, variety, and cohesiveness in commercial site design while avoiding the inefficient use of land, lack of connectivity, and lack of architectural continuity typically associated with traditional zoning methods.
  2. The intent of this district is to provide innovative avenues for various types of commercial development which:
    1. Balance the conventional priority for convenient motor vehicle access with the walkability and efficiency of pedestrian-oriented design;
    2. Implement design principles that produce functional, harmonious, and attractive buildings and site layouts;
    3. Take a creative approach in preserving and protecting natural site features through innovative site planning and the use of low impact development (LID) principles; and
    4. Are compatible with adjoining neighborhoods and adjacent areas with respect to scale, intensity, and design.

Sec. 70-565B. – Applicability.

Any property qualifying for a zoning map amendment to the PDB district shall be identified as being within the Germanna-Wilderness Area on the Future Land Use Map of the Comprehensive Plan.

Sec. 70-565C. – Development plans.

  1. Form. Any PDB district shall be regulated by an overall development plan or master plan, as otherwise required as part of the zoning map amendment submittal requirements specified in Article II of this Chapter. Such plans shall be prepared by a licensed surveyor, engineer, or architect, and in addition to said submittal requirements shall also include:
    1. Design guidelines and generalized elevation drawings for the overall site;
    2. A circulation/transportation plan, including a transportation impact analysis (TIA);
    3. A master signage plan;
    4. A landscaping plan;
    5. A generalized land use plan and list of proposed uses; and
    6. A public utilities plan.
  2. Major Revisions. Requests for major revisions to a PDB development plan shall follow procedural requirements for zoning map amendments. A major revision shall be characterized by:
    1. Significant changes in density;
    2. Substantial changes in vehicular circulation or access;
    3. Substantial changes in the types of land uses proposed;
    4. Substantial changes in building design or site design; and
    5. Any other change the Zoning Administrator determines is a major divergence from the approved development plan.
  3. Minor revisions. All other changes to an approved PDB development plan shall be considered minor and may be administratively approved by the Zoning Administrator. Requests for minor revisions shall be in writing by the owner. If the Zoning Administrator denies such a request, the matter may be brought before the Board of Supervisors for a public hearing and decision to approve or deny.
  4. Implementation. All properties for which a PDB development plan is approved shall be under common ownership before construction may begin.

Sec. 70-565D. – Site Development Standards.

  1. Minimum area required to establish a district: Three (3) contiguous acres.
  2. Minimum lot size: Large enough to adequately accommodate all development requirements.
  3. Maximum lot coverage ratio: Seventy (70) percent. This may be increased to eighty (80) percent provided that the site design incorporates considerable usage of Low Impact Design (LID) elements and features, such as bioretention, rainwater harvesting, pervious pavement, engineered wetlands, etc.
  4. Minimum number of separate principal uses: Three (3).
  5. Principal structures and uses: Multiple principal uses and/or structures may be allowed on a lot.
  6. Connectivity: Lots within a PDB district shall be arranged such that inter-parcel vehicular travel is possible without the need to utilize the road serving the development.
  7. Parking criteria: See the Supplementary District Regulations section of this Chapter.
  8. Landscaping: Established as part of the development plan, which shall at least meet the intent of any landscaping requirements specified in Article V of this Chapter
  9. Outdoor lighting criteria: See the Exterior Lighting section of the Supplementary District Regulations section of this Chapter.
  10. Perimeter buffer: A natural and/or landscaped buffer at least twenty-five (25) feet wide shall be maintained on any side of a PDB district which abuts a residential zoning district or residential use.
  11. Public utilities required: Public water and wastewater services shall be required for all development in a PDB district.
  12. Underground utilities: All utilities shall be placed underground.
  13. Transportation. Any road(s) built to serve a PDB district shall be constructed to meet VDOT Secondary Street Acceptance Requirements unless it is determined the public health, safety, and welfare would be better served otherwise.
  14. Signage: Established as part of the development plan. A contiguous PDB district shall generally be limited to one (1) permanent free-standing sign unless it is determined the public health, safety, and welfare would be better served otherwise.

Sec. 70-565E. – Building Standards.

  1. Maximum height: Forty (40) feet, unless otherwise permitted via Special Exception or via Special Use Permit for telecommunications facilities
  2. Minimum setbacks and yards: Established as part of the development plan.
  3. Exterior mechanical equipment: All HVAC equipment and other mechanical devices shall be opaquely screened from view from all public rights-of-way.
  4. Refuse receptacles: Receptacles and enclosures for refuse shall be opaquely screened from view. Screening shall be complementary to building design and materials.
  5. Building materials: Metal siding and/or non-architectural concrete block shall not comprise any building façade visible from a public right-of-way. No building façade visible from a public right-of-way shall be comprised of more than fifty (50) percent of a single building material.
  6. Building façades: For building façades visible from a public right-of-way, horizontal wall expanses longer than forty (40) feet shall be interrupted by recesses, projections, overhangs, and other architectural treatments in order to reduce the physical monotony of the building.
  7. Outdoor storage. Outdoor storage of materials and supplies shall be opaquely screened with landscaping and/or fencing from adjacent properties and public rights-of-way. Chain-link fencing is not permitted as screening for outdoor storage.

Sec. 70-566. – Reserved.

 

DIVISION 13 – PLANNED DEVELOPMENT – MIXED USE (PDM)

Sec. 70-567A. – Purpose and Intent.

  1. The Planned Development – Mixed Use district implements the policies, objectives, and purposes of the Comprehensive Plan, the Germanna-Wilderness Area Plan, and the Code of Virginia § 15.2-2283 by allowing for interrelated and compatible commercial, institutional, residential, and recreational uses within an interconnected pedestrian-oriented neighborhood.
  2. The intent of this district is to permit flexibility and a focus on high-quality design for mixed-use developments which:
    1. Provide a level of density and intensity in order to promote a dynamic and convenient neighborhood;
    2. Exemplify traditional communities that are pedestrian-oriented and offer a variety of transportation, housing, commercial and recreational options;
    3. Take a creative approach in preserving and protecting natural site features through innovative site planning and the use of low impact development (LID) principles; and
    4. Provide for the efficient use of land which preserves open space and limits impacts to surrounding properties;

Sec. 70-567B. – Applicability.

Any property qualifying for a zoning map amendment to the PDM district shall be identified as being within the Germanna-Wilderness Area on the Future Land Use Map of the Comprehensive Plan.

Sec. 70-567C. – Development plans.

  1. Form. Any PDM district shall be regulated by an overall development plan or master plan, as otherwise required as part of the zoning map amendment submittal requirements specified in Article II of this Chapter. Such plans shall be prepared by a licensed surveyor, engineer, or architect, and in addition to said submittal requirements shall also include:
    1. Design guidelines and generalized elevation drawings for the overall site;
    2. A circulation/transportation plan, including a transportation impact analysis (TIA);
    3. An open space and recreational facilities plan;
    4. A master signage plan;
    5. A generalized land use plan and list of proposed uses;
    6. A Landscaping plan; and
    7. A public utilities plan.
  2. Major Revisions. Requests for major revisions to a PDM development plan shall follow procedural requirements for zoning map amendments. A major revision shall be characterized by:
    1. Significant changes in density;
    2. Substantial changes in vehicular circulation or access;
    3. Substantial changes in the types of land uses proposed;
    4. Substantial changes in building design or site design; and
    5. Any other change the Zoning Administrator determines is a major divergence from the approved development plan.
  3. Minor revisions. All other changes to an approved PDM development plan shall be considered minor and may be administratively approved by the Zoning Administrator. Requests for minor revisions shall be in writing by the owner. If the Zoning Administrator denies such a request, the matter may be brought before the Board of Supervisors for a public hearing and decision to approve or deny.
  4. Implementation. All properties for which a PDM development plan is approved shall be under common ownership before construction may begin.

Sec. 70-567D. – Area Standards.

  1. Minimum area required to establish a district: Twenty (20) contiguous acres.
  2. Minimum area devoted to nonresidential development: Thirty (30) percent of the gross acreage of the site. This area may include residential uses above the first-floor nonresidential use(s).
  3. Maximum gross residential density: Six (6) dwelling units per acre. A PDM district shall have at least two (2) different types of dwelling units, and no more than seventy (70) percent of the total number of units provided shall be any one type of dwelling unit.
  4. Minimum area devoted to common open space: Twenty (20) percent of the gross acreage of the site.
  5. Open space criteria:
    1. Open space shall be in the form of plazas, squares, commons, recreational areas such as playgrounds, ballfields, trails, and bike paths, picnic areas, and natural/wooded areas.
    2. A minimum of eighty-five (85) percent of dwelling units shall be within one-thousand (1,000) feet of a usable, common open space area at least ten-thousand (10,000) contiguous square feet in size.
    3. All common open space shall be protected by covenants and open space easements setting forth the provisions for its ownership and maintenance.
  6. Open space density bonuses: For each additional five (5) percent of open space provided above the required minimum, the maximum gross residential density may be increased by two (2) dwelling units per acre. The maximum gross residential density shall not exceed twelve (12) dwelling units per acre.

Sec. 70-567E. – General Site Layout Guidelines.

  1. Neighborhood core: The site shall have a neighborhood core, of between 10% and 30% of the gross project area, which includes a mix of commercial, residential, and open space uses.
  2. Mixing of uses: Residential and nonresidential land uses shall be sufficiently mixed horizontally across the project and vertically within buildings to facilitate a truly pedestrian-oriented environment. Multi-family and single-family attached housing shall generally be located closest to the core of the community and/or central commercial area.
  3. Access. At least two access points to the project site shall be provided. All lots shall front on a public or private street or on a square or plaza. No residential use shall have direct access to any road outside of the district.
  4. Alleys: Alleys may be utilized to provide access to lots, and shall be the preferred means of access for lots in residential areas in order to facilitate a street-front orientation for the structures.
  5. Street criteria:
    1. Public and private streets may be provided, but all streets shall be designed in accordance with VDOT Secondary Street Acceptance Requirements unless it is determined the public health, safety, and welfare would be better served otherwise.
    2. The transportation system shall be generally in the form of a grid of interconnected streets, alleys and paths, modified as necessary to accommodate topography and the extent of the project site. Roundabouts shall be the preferred intersection design.
    3. Cul-de-sacs or dead-end roads shall not be permitted unless warranted by topographical or site design constraints.
    4. Streets within and adjacent to the neighborhood core shall utilize well-delineated crosswalks and bulb-outs or other similar facilities to minimize pedestrian crossing distances.
    5. Motor vehicle circulation shall be designed to promote pedestrian and bicycle activity.
  6. Sidewalk criteria:
    1. Sidewalks shall be provided on both sides of all streets within the project area.
    2. Sidewalks in residential areas and shall have a minimum width of four (4) feet.
    3. Sidewalks shall have a minimum width of eight (8) feet within and adjacent to the neighborhood core, and shall be separated from the roadway by a planting strip and/or parking. Where outdoor restaurant seating or similar uses are provided on the sidewalk, sidewalks shall be a minimum of sixteen (16) feet in width. In no case shall the buffer between pedestrians and the roadway be less than five (5) feet.
    4. Connections shall be made to existing sidewalks if such facilities exist on adjacent properties, unless otherwise prohibited by VDOT regulations.
  7. Landscaping: Established as part of the development plan, which shall at least meet the intent of any landscaping requirements specified in Article V of this Chapter. Street trees shall generally be planted throughout the neighborhood core and any other nonresidential or open space areas in order to form a canopy once the trees reach maturity. Tree species shall be diversified as a precaution against blight.
  8. Outdoor lighting criteria: See the Exterior Lighting section of the Supplementary District Regulations section of this chapter.
  9. Parking criteria:
    1. See the Supplementary District Regulations section of this Chapter.
    2. On-street parking may be used to satisfy residential and nonresidential parking requirements, and shall be provided on streets within and adjacent to the neighborhood core.
    3. Detached garages for single-family attached and detached dwellings shall be located only in the rear or side yard. Attached garages shall not extend beyond the front plane of the dwelling.
  10. Signage criteria: Established as part of the development plan.

Sec. 70-567F. –Building Standards.

  1. Maximum height: Forty-five (45) feet, unless otherwise permitted via Special Exception or via Special Use Permit for telecommunications facilities.
  2. Minimum lot sizes and yards: Established as part of the development plan. Build-to lines shall be utilized instead of traditional minimum setback distances or yard widths. In establishing these standards, the following principles shall be used:
    1. Fire and rescue access to any property shall not be impaired;
    2. Adequacy of light, air, privacy, and access to open space is sufficient for residential uses; and
    3. The safety and functionality of the transportation network is not hindered.
  3. Principal structures and uses: Multiple principal uses and/or structures may be allowed on a lot. Where residential uses and nonresidential uses are within a single structure, the residential use(s) shall be considered accessory to the nonresidential use(s).
  4. Public utilities required: Public water and wastewater services shall be required for all development in a PDM district.
  5. Underground utilities: All utilities shall be placed underground.

Secs. 70-568. – Reserved.

 

DIVISION 14 – PLANNED RESIDENTIAL – TRADITIONAL DESIGN (R-5)

Sec. 70-569A. – Purpose and Intent.

  1. The Planned Residential – Traditional Design (R-5) district implements the policies, objectives, and purposes of the Comprehensive Plan, the Germanna-Wilderness Area Plan, and the Code of Virginia § 15.2-2283 by allowing for a traditional approach to residential development which provides for the sense of community, pedestrian orientation, sense of place, and connectivity that is commonly associated with neighborhoods prior to the suburbanization of residential development that occurred in the mid-twentieth century.
  2. The intent of this district is to provide for a manner of residential development which:
    1. Fosters a sense of community through the application of building placement and orientation standards and ample common spaces;
    2. Comports with many commonly-accepted principles of traditional neighborhood development while providing a range of housing types;
    3. Relies on a transportation network that is compact, well-connected, and conducive to all forms of mobility, including walking, biking, and motor vehicles;
    4. Takes a creative approach in preserving and protecting natural site features through innovative site planning and the use of low impact development (LID) principles; and
    5. Avoids typical aspects of suburbanization, including large lot sizes, large building setback requirements, a lack of community space and common open space, inefficient use of land, no proximity to commercial centers or civic uses, and a lack of pedestrian infrastructure.

Sec. 70-569B. – Applicability. Any property qualifying for a zoning map amendment to the R-5 district shall be identified as being within the Germanna-Wilderness Area on the Future Land Use Map of the Comprehensive Plan.

Sec. 70-569C. – Development plans.

  1. Form. Any R-5 district shall be regulated by an overall development plan or master plan submitted and approved as part of the zoning map amendment request. Such plans shall be prepared by a licensed surveyor, engineer, or architect, and in addition to said submittal requirements shall also include:
    1. Design guidelines for the overall site and generalized lot layout standards for each form of housing to be provided;
    2. A circulation/transportation plan, including a transportation impact analysis (TIA), hierarchy of streets, and general street cross sections;
    3. An open space, common areas, and recreational facilities plan;
    4. A landscaping plan;
    5. A generalized land use plan; and
    6. A public utilities plan.
  2. Major Revisions. Requests for major revisions to an R-5 development plan shall follow procedural requirements for zoning map amendments. A major revision shall be characterized by:
    1. Significant changes in density;
    2. Substantial changes in vehicular circulation or access;
    3. Substantial changes in the types of land uses proposed;
    4. Substantial changes in building design or site design; and
    5. Any other change the zoning administrator determines is a major divergence from the approved development plan.
  3. Minor revisions. All other changes to an approved R-5 development plan shall be considered minor and may be administratively approved by the Zoning Administrator. Requests for minor revisions shall be in writing by the owner. If the Zoning Administrator denies such a request, the matter may be brought before the Board of Supervisors for a decision to approve or deny.
  4. Implementation. All properties for which an R-5 development plan is approved shall be under common ownership before construction may begin.

Sec. 70-569D. – General Site Development Standards.

  1. Minimum area required to establish a district: Twenty (20) contiguous acres. If a proposed R-5 district is within 1/4 mile of an existing commercial area of considerable size, or is within 1/4 mile of any area specifically designated for commercial use within the adopted Comprehensive Plan, the minimum shall be fifteen (15) acres.
  2. Public utilities required: Public water and wastewater services shall be required for all development in an R-5 district.
  3. Underground utilities: All utilities shall be placed underground.
  4. Maximum height: Forty (40) feet, unless otherwise permitted via Special Exception or via Special Use Permit for telecommunications facilities.
  5. Landscaping: Established as part of the development plan, which shall at least meet the intent of any landscaping requirements specified in Article V of this Chapter. Street trees shall generally be planted throughout the development in order to form a canopy once the trees reach maturity. Tree species shall be diversified as a precaution against blight.
  6. Outdoor lighting criteria: See the Exterior Lighting section of the Supplementary District Regulations section of this chapter.
  7. Signage: If desired, established as part of the development plan.

 

Sec. 70-569E. – Form-based development design.

  1. Housing forms. All housing provided within an R-5 development shall adhere to the forms provided below (examples shown).
F1: Single-family detached F2: Single-family detached w/ accessory apartment F3: Duplex (over-and-under)
C:\Users\jfrederick\Desktop\sfd.jpg Image result for accessory apartment C:\Users\jfrederick\Desktop\Duplex stacked.jpg
F4: Duplex (side-by-side) F5: Fourplex F6: Townhouse
C:\Users\jfrederick\Desktop\Duplex.jpg C:\Users\jfrederick\Desktop\fourplex.jpg C:\Users\jfrederick\Desktop\townhouse.jpg
F7: Bungalow court F8: Courtyard apartments F9: Live/work unit
C:\Users\jfrederick\Desktop\bungalow court.jpg C:\Users\jfrederick\Desktop\courtyard apt.jpg C:\Users\jfrederick\Desktop\live work.jpg

Figure 1: Permitted housing forms and example images

    1. Definitions. For the purposes of these district regulations, the following definitions shall apply:
      1. F1: Single-family detached – a free-standing dwelling unit designed to provide housing for one (1) family and which is constructed in accordance with the Uniform Statewide Building Code.
      2. F2: Single-family detached w/ accessory apartment – see above and the definition for accessory apartment in Sec. 70-1.
      3. F3: Duplex (over-and-under) – a structure that consists of two (2) dwelling units stacked one on top of the other with no openings between them, both of which face and are entered from the frontage street.
      4. F4: Duplex (side-by-side) – a structure that consists of two (2) dwelling units connected by a common side wall with no openings between them, both of which face and are entered from the frontage street.
      5. F5: Fourplex – a structure that consists of four (4) dwelling units, typically two (2) on the ground floor and two (2) above, all of which share a common entry.
      6. F6: Townhouse – a structure that consists of up to five (5) single-family dwelling units each with separate entrances and connected by common side walls with no openings between them, all of which face and are entered from the frontage street.
      7. F7: Bungalow court – a site that consists of a series of small detached structures all constructed in a cohesive style, which may be single-family detached or duplex dwellings, arranged around and with entrances onto a common courtyard/shared yard that is typically parallel to the frontage street.
      8. F8: Courtyard apartments – an L or U-structure that consists of multiple side-by-side or stacked dwelling units accessed from a common courtyard or series of common courtyards, all of which utilize individual and/or shared entrances.
      9. F9: Live/work unit – a structure, which is typically owned by a single entity, that consists of up to two (2) dwelling units above or behind a nonresidential ground floor space.
  1. Multiple forms of housing required. At least three (3) forms of housing must be provided in any R-5 development; for the purposes of this section forms F3 and F4 shall be considered one form. No more than forty percent (40%) of the total number of units may be form F1. This may be increased to sixty percent (60%) provided forms F2, F3, and/or F4 are adequately dispersed throughout the areas in which form F1 is provided.
  2. Live/work units. If provided, all form F9 housing shall be located in the same area within the development.
  3. Distribution of housing. Higher-density forms of housing shall generally be located closest to any on-site or off-site nonresidential uses, including form F9 units.
  4. Build-to zones. All housing shall be oriented to the frontage road or for housing forms F7 and F8, to a central courtyard, shared yard, or plaza. Build-to zones shall be utilized for all housing forms instead of traditional building setbacks. No build-to zone shall extend further than twenty-five (25) feet into a lot.

Y:\Ordinances & Amendments\Ordinance Amendments\2018\ZTA 18-05 - GWAP zoning districts\build to zone diagram.png

Figure 2: Illustration of a build-to zone (required) and a traditional setback (not permitted)

  1. Neighborhood form. An R-5 development shall be generally arranged in blocks, streets, alleys, building lots, and open space areas. A strict adherence to a right-angle grid pattern is discouraged in order to allow the development to fit within the topography rather than be superimposed upon it.
  2. Block layout. The perimeter of a given block shall not exceed thirteen-hundred and fifty (1,350) feet, unless it is predominantly for usable common open space. No block face shall have a length greater than five-hundred (500) feet without an alley providing through access. A continuous network of rear alleys is recommended for all lots, and is required for any lot sixty (60) feet or less in width, or for any lot which has frontage on a courtyard/plaza or other open space.
  3. Garages. If provided, garages shall not face the frontage road to which the lot is oriented unless they are located completely behind the dwelling.
  4. Open space criteria:
    1. A minimum of twenty percent (20%) of the gross acreage of an R-5 development shall be devoted to common open space and/or community recreational facilities. The required courtyards associated with housing forms F7 and F8 may be used to meet this requirement provided they are at least ten-thousand (10,000) contiguous square feet in size.
    2. All dwelling units shall be within at least one-thousand feet of a usable, common open space at least ten-thousand (10,000) contiguous square feet in size.
    3. All common open space shall be protected by covenants and open space easements setting forth the provisions for its ownership and maintenance.
  5. Density. An R-5 development shall not exceed a gross density of six (6) dwelling units per acre without density bonuses.
  6. Density bonuses. Density bonuses may be allowed under the following scenarios. The maximum gross density of any R-5 development shall not exceed twelve (12) dwelling units per acre with density bonuses.
    1. An additional one (1) dwelling unit per gross acre may be permitted for each additional five percent (5%) open space provided above the required minimum. The maximum bonus permitted via this provision shall be two (2) dwelling units per acre.
    2. An additional bonus of two (2) dwelling units per acre may be granted if the site abuts either an existing commercial area of considerable size or any area specifically designated for commercial use within the adopted Comprehensive Plan, and improved pedestrian connections are provided to said area.
    3. An additional bonus of two (2) dwelling units per acre may be granted if at least twenty percent (20%) of the total number of dwelling units is provided as forms F7, F8, and/or F9.

Sec. 70-569F. – Transportation Standards.

  1. Streets. All roads shall be dedicated to public use and designed in accordance with VDOT Secondary Street Acceptance Requirements. The Board of Supervisors may allow low-volume roads, alleys, and non-integral roadways to be private and not built according to VDOT standards provided covenants for their maintenance are recorded in the Circuit Court. Streets and their encompassing rights-of-way shall generally be designed to accommodate cars, bicycles, parking, planting strips/islands, and pedestrians.
  2. Access. At least two access points to the project site shall be provided. All lots shall front on a public or private street or on a square or plaza. No residential use shall have direct access to any road outside of the district.
  3. Connectivity. Streets and alleys within a TND project shall be generally arranged such that they terminate at other streets and alleys rather than cul-de-sacs or other dead-ends. Where topography or site constraints necessitate the use of a cul-de-sac, the centerline of the cul-de-sac road shall not exceed two-hundred and fifty (250) feet in length. Additionally, access to such a road shall be provided by a road providing internal connectivity rather than by another dead-end road.

Figure 2: Examples of unacceptable (left) and acceptable (right) connectivity

  1. Parking. Parking shall be in accordance with the Supplementary District Standards section of this Chapter. On-street parking shall be strongly encouraged throughout any R-5 development.
  2. Sidewalks. Sidewalks shall generally be provided on both sides of the roads within any R-5 development. The Board of Supervisors may allow the strategic location of shared-use pathways (e.g. greenways) in certain areas as an alternate means of meeting this requirement.

Secs. 70-570 – 70-580. – Reserved.