Ordinance chapter · Brunswick County Unincorporated, Virginia

Chapter 7

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Brunswick County Unincorporated, VA Zoning Ordinance#

ARTICLE 1 - GENERAL PROVISIONS#

ARTICLE 2 - DEFINITIONS#

ARTICLE 3 - DISTRICTS#

ARTICLE 4 - AGRICULTURAL DISTRICT, A-13#

ARTICLE 5 - RURAL RESIDENTIAL DISTRICT RR4#

ARTICLE 6 - RURAL RESIDENTIAL MANUFACTURED HOME DISTRICT RR-MH#

ARTICLE 7 - RESIDENTIAL, LIMITED, DISTRICT R-1#

Statement of intent. This district is composed of certain quiet, low density residential areas plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life and to restrict activities of a commercial nature. To these ends, development is limited to relatively low concentration and permitted uses are limited to single unit dwellings providing homes for residents, plus certain additional uses such as schools, parks, and certain public facilities that serve the residents of the district. Two-family dwellings (duplexes) and home occupations are also permitted but only by conditional use permit issued by the board of supervisors.

7-1. Use regulations.#R-1

In residential, limited, district R-1 structures to be erected or land to be used shall be for one or more of the following uses:

7-1-1. Single-family dwellings.

7-1-2. Two-family dwellings (duplexes), with a conditional use permit.

7-1-3. Schools.

7-1-4. Churches.

7-1-5. Parks and playgrounds.

7-1-6. Accessory uses and structures as defined, however, garages or other accessory structures such as carports, porches, and stoops attached to the main building shall be considered part of the main building. No accessory structure may be closer than five feet to any property line.§

7-1-7. Public utilities.

7-1-8. Facilities, activities and operations which are provided by a duly constituted unit of government, with a conditional use permit.

7-1-9. Home occupations, as defined, with a conditional use permit.

7-1-10. Home occupational signs, with a conditional use permit.

7-1-11. Business signs only to advertise the sale or rent of the premises upon which erected.

7-1-12. Church bulletin boards and identification signs for church activities only.

7-1-13. Directional signs.

7-1-14. Modular buildings, used for single-family residential occupancy.

(Ord. of 7-17-1993)

7-1-15. Manufactured homes, 19 feet or more in width, on individual lots and on permanent foundations.

(Ord. of 7-17-1993)

7-1-16. Manufactured/mobile homes used for immediate family member residential occupancy.

(Ord. of 4-19-1995)

7-1-17. Family day home, with a conditional use permit.

(Amd. of 2-21-2001)

7-2. Area regulations.[5]#

7-2-1. For lots containing or intended to contain a single-family permitted use served by public water and sewage disposal, the minimum lot area shall be 10,000 square feet.

7-2-2. For lots containing or intended to contain a single-family permitted use served by public sewage disposal systems but having individual water systems, the minimum lot area shall be 20,000 square feet.

7-2-3. For lots containing or intended to contain a single-family permitted use served by public water systems but having individual sewage disposal systems, the minimum lot area shall be 30,000 square feet.

7-2-4. For lots containing or intended to contain a single-family permitted use served by individual water and sewage disposal systems, the minimum lot area shall be one acre.

7-2-5. For lots containing or intended to contain a two-family permitted use served by public water and sewage disposal, the minimum lot area shall be 12,000 square feet.

7-2-6. For lots containing or intended to contain a two-family permitted use served by public sewage disposal systems but having individual water systems, the minimum lot area shall be 22,000 square feet.

7-2-7. For lots containing or intended to contain a two-family permitted use served by public water systems but having individual sewage disposal systems, the minimum lot area shall be 32,000 square feet.

7-2-8. For lots containing or intended to contain a two-family permitted use served by individual water and sewage disposal systems, the minimum lot area shall be one acre.

7-2-9. All other permitted uses served by public water and sewage disposal systems shall have a minimum lot area of 20,000 square feet.

7-2-10. All other permitted uses served by individual water and sewage disposal systems, the minimum lot area shall be one acre.

7-2-11. For permitted uses utilizing individual water and/or sewage disposal systems, the required area for any such use shall be approved by the health official. The administrator may require a greater area if considered necessary.

(Amd. of 9-20-2000)

Footnotes:#

--- (5) ---

Editor's note—It should be noted that the effective date of this section is April 1, 2001. Lots recorded on or after April 1, 2001, are subject to these lot area requirements.

Area Regulations Summary Table#

Use Type Water Service Sewage Disposal Minimum Lot Area
Single-family Public Public 10,000 sq ft
Single-family Individual Public 20,000 sq ft
Single-family Public Individual 30,000 sq ft
Single-family Individual Individual 1 acre
Two-family Public Public 12,000 sq ft
Two-family Individual Public 22,000 sq ft
Two-family Public Individual 32,000 sq ft
Two-family Individual Individual 1 acre
All other permitted uses Public Public 20,000 sq ft
All other permitted uses Individual Individual 1 acre

7-3. Setback regulations.#

Structures shall be located 35 feet or more from any street right-of-way which is 50 feet or greater in width, or 60 feet or more from the center of any street right-of-way less than 50 feet in width§, except that signs advertising sale or rent of premises may be erected up to the property line. This shall be known as the "setback line".

7-4. Frontage regulations.#

For permitted uses, the minimum lot width at the setback line shall be 80 feet or more, and for each additional permitted dwelling unit there shall be at least ten feet of additional width at the setback line.

7-5. Yard regulations.#

7-5-1. Side. The minimum side yard for each main structure shall be 15 feet or more and the total width of the two required side yards shall be 30 feet or more.

7-5-2. Rear. Each main structure shall have a rear yard of 25 feet or more.

7-6. Height regulations.#

Buildings may be erected up to 35 feet, except that:

7-6-1. The height limit for dwellings may be increased up to 45 feet and up to three stories provided there are two side yards for each permitted use, each of which is 25 feet or more, plus one foot of each side yard for each additional foot of building height over 35 feet.§

7-6-2. A public or semi-public building such as a school or church may be erected to a height of 60 feet from grade provided that required front, side, and rear yards shall be increased one foot for each foot in height over 35 feet.§

7-6-3. Reserved.

7-6-4. No accessory building which is within 20 feet of any party lot line shall be more than one story high.§ All structures and accessory buildings shall be no more than half the height of the principal building or 35 feet whichever is greater.§ Accessory buildings which are located closer to the front property line than the principal building shall not be taller than the main building height.§

7-6-5. Conditional use permits are required for buildings exceeding the maximum heights listed in this section.

(Amd. of 7-18-2001; Ord. of 5-15-2019(2))

Height Regulations Summary Table#

Building Type Maximum Height Conditions
General buildings 35 feet Standard limit
Dwellings 45 feet / 3 stories Requires two side yards of 25 ft each, plus 1 ft additional side yard per 1 ft height over 35 ft
Public/semi-public buildings (schools, churches) 60 feet from grade Required front, side, and rear yards increased 1 ft per 1 ft height over 35 ft
Accessory buildings within 20 ft of party lot line 1 story
All structures and accessory buildings Half the height of principal building or 35 ft, whichever is greater
Accessory buildings closer to front property line than principal building No taller than main building height

7-7. Special provisions for corner lots.#

7-7-1. Of the two sides of a corner lot, the front shall be deemed to be the shortest of the two sides fronting on streets.

7-7-2. The side yard on the side facing the side street shall be 35 feet or more for both main and accessory buildings.

7-8. Off-street parking.#

Off-street parking, as required by section 1-5 of this ordinance.

7-9. Special provisions for waterfront lots; Lake Gaston.#

7-9-1. Statement of intent. Prior to the adoption of this Section there was no setback established from property owned by North Carolina Power Company or Virginia Power Company which constitutes a part of the Lake Gaston impoundment project. It has been determined that the better zoning practice is to establish a property line setback. It has also been determined that the adoption hereof should not adversely affect the rights of owners of lots created by plats admitted to record prior to the effective date of this Section. Accordingly, it is the intent of this Section to balance the need for "Lake Gaston setbacks" with the interests of the owners of such previously platted waterfront lots.

(Ord. of 1-20-1999)

7-9-2. Minimum setbacks. Subject to the exception set for below, there shall be a fifteen (15) foot minimum side and rear yard setback requirement for both main and accessory buildings located along a portion of the side or rear property line for a lot which adjoins property which constitutes a portion of the Lake Gaston impoundment project.§

(Ord. of 1-20-1999)

7-9-3. Exception. The requirements of this Section shall not apply to main and accessory buildings to be located on lots created by plat admitted to record prior to the adoption of this Section.

(Ord. of 1-20-1999)


ARTICLE 8 - RESIDENTIAL, GENERAL, DISTRICT R-2#

ARTICLE 9 - BUSINESS DISTRICT, B-17#

ARTICLE 10 - INDUSTRIAL DISTRICT, I-18#

ARTICLE 16A - MANUFACTURED/MOBILE HOME PARKS[9]#

ARTICLE 16B - RECREATIONAL VEHICLE PARKS#

ARTICLE 17 - INTENSIVE LIVESTOCK, DAIRY, POULTRY FACILITIES[10]#

ARTICLE 18 - ADULT ENTERTAINMENT ESTABLISHMENTS[11]#

ARTICLE 19 - HIGHWAY CORRIDOR HC OVERLAY DISTRICT#

ARTICLE 20 - FLOODPLAIN DISTRICT, F-1#

ARTICLE 21 - SIGN REGULATIONS#

ARTICLE 23 - SOLAR FACILITIES#

ARTICLE 26 - STANDARDS FOR TELECOMMUNICATIONS ANTENNAS AND TOWERS#

ARTICLE 27 - SITE PLAN REQUIREMENTS#

ARTICLE 28 - NONCONFORMING USES#

ARTICLE 29 - ADMINISTRATION AND INTERPRETATION[12]#

ARTICLE 30 - PROVISIONS FOR APPEAL#

ARTICLE 31 - VIOLATION AND PENALTY#

ARTICLE 32 - AMENDMENTS#