Highlighted below: 35 of 64 extracted standards and 3 of 3 districts, chipped on their section headings. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.

ARTICLE 6 - Administration and Enforcement#

DIVISION 1. - Procedural requirements; Amendments to Zoning Ordinance and Zoning Map.#

Section 26-302. - Initiation of amendments.#

(a) The Board may amend, supplement, repeal or change, by ordinance, the text of the Zoning Ordinance and the zoning district maps from time to time, whenever required by the public necessity, convenience, general welfare or good zoning practice. Any such amendment may be initiated by (1) resolution of the Board, (2) motion of the Planning Commission, or (3) by petition of the owner, contract purchaser with the owner's written consent, or the owner's attorney in fact, of the property which is the subject of the proposed zoning map amendment.

(b) A petition of the owner, contract purchaser or the owner's attorney in fact shall be filed on forms prescribed by the Director and shall include information required by the Director.

(c) An applicant shall be required to pay all required fees in a timely manner, and an application shall not be considered complete until such fees have been paid.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-303. - Report from Planning Commission.#

Any proposed amendment to the boundaries of a zoning district or to the text of the regulations established by this Zoning Ordinance shall be submitted to the Planning Commission for its review and recommendation prior to any final action of the proposal by the Board. The application for the rezoning of property shall be scheduled for public hearing by the Planning Commission on the first available date after the Planning Director has determined the application to be complete. Failure of the Planning Commission to report within one hundred days after its first public hearing on the proposed rezoning or text amendment, or within such shorter period of time as may be prescribed by the Board for specific proposals, shall be deemed to constitute a recommendation of approval.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-304. - Notice and Hearings.#

The following procedures shall be followed in the consideration of any proposed amendment:

The Planning Commission shall hold a public hearing on any proposed amendment, before submitting its report to the Board.
Notice of public hearings before the Commission shall comply with the requirements of state law. In addition, the Commission shall cause a notice to be posted conspicuously on the property in accordance with the rules of the Commission indicating how the public may learn more about the proposed amendment, and a certificate of posting shall become a part of the record of the hearing. The published and posted notices shall contain reference to the place or places within the County where the plans, ordinances, or amendments may be examined.
Before approving any proposed change or amendment, the Board shall hold a public hearing thereon.
Notice of the public hearing before the Board shall comply with the requirements of state law.
The Planning Commission and the Board may hold a joint public hearing after the required public notice. If a joint hearing is held, then public notice as set forth above need be given only by the Board.
Except upon application of a property owner or his agent, when a proposed amendment involves a change in zoning classification of twenty-five (25) or less parcels of land, then, in addition to the advertising as above required, written notice shall be given at least five (5) days before the hearing to the owner or owners, their agent or occupant, of each parcel involved, and to the owners, their agent or the occupant, of all abutting property and property immediately across the street or road from the property affected. Notice sent by first class mail to the last known address of such owner, as shown on the current real estate tax assessment books, together with an affidavit verifying that the mailings have been sent, shall be deemed adequate compliance with this requirement.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 24-10, § 1, 8-28-24)

Section 26-305. - Notice to adjacent jurisdictions.#

When any proposed change of a zoning district boundary lies within five hundred (500) feet of a County boundary, notice of the proposal, together with the date, time, and place of the public hearing thereon, if such hearing has been scheduled, shall be forwarded to the Planning Commission, if such exists, or the governing body of the adjacent county or municipality in order to give such jurisdiction an opportunity to appear at the hearing or express its opinion on the effect of said boundary change.§

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-306. - Applicant may submit proposed proffers.#

The owner of property which is the subject of a rezoning request may proffer that, in the event the property is rezoned to a requested zoning district, the use and development of the property will be subject to specified reasonable conditions, in addition to the regulations provided by this Zoning Ordinance for the zoning district; provided, however, (1) that the rezoning itself gives rise to the need for the proffered conditions, (2) such conditions have a reasonable relation to the rezoning, and (3) all such conditions are in conformity with the Comprehensive Plan and requirements of the Code of Virginia.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-307. - Procedure for submission and acceptance of proffers.#

The submission and acceptance of proffered conditions shall be in accordance with the following procedures:

(a) If an applicant for a change of zoning desires to proffer conditions, then either the proffers or a statement of intent to submit proffers shall accompany the rezoning application. All proposed proffers shall be submitted in writing in a form acceptable to the Director.

(b) Proffered conditions must be signed by the record owner of the subject property, or an agent with power of attorney, and notarized. Proffers shall be clear and succinct and shall be separated into independently enumerated paragraphs, each of which addresses no more than one (1) aspect of the development and use of the property.

(c) The applicant shall submit proffers to the Director not less than twenty-one (21) calendar days prior to the public hearing on the application before the Planning Commission. If the Director recommends specific additional proffers or modifications to the submitted proffers, the applicant may submit such additional proffers or modifications not less than fourteen (14) days prior to the public hearing before the Planning Commission. After the public hearing before the Planning Commission, the applicant may submit any additional proffers or modifications to the submitted proffers that have been specifically recommended by motion of the Planning Commission or by the Director; provided, however, that any amendments to the proffers recommended by the Director must relate to issues discussed at the public hearing before the Planning Commission. All proffers shall be signed by the landowners and submitted in final form no later than twenty-one (21) days prior to the public hearing on the application before the Board of Supervisors; provided, however, that the Board may accept amended proffers after the public hearing has begun, if the amended proffers do not materially affect the overall proposal. Amended proffers may be accepted by the Board after the public hearing has begun only if the proposed amended proffers are more restrictive than the proffers previously submitted and serve to increase or enhance the compatibility of the proposed use with existing or planned uses for other properties in the vicinity. Such proffer amendments may include but are not limited to:

The exclusion of a use that would otherwise be permitted by the zoning district regulations,
An increase in the buffer, screening, landscaping or parking requirements for the proposed use,
Enhanced on-site or off-site traffic control or road improvements,
Enhanced protection from the impact of lighting from the proposed use on other properties in the vicinity,
Enhanced architectural, or aesthetic design controls and
Greater limits on the hours of operation for the proposed use.

Any proposed amended proffers shall be in writing and shall be signed by the record owner of the subject property, or an agent with power of attorney, prior to the acceptance of the amended proffers by the Board.

(d) Proffered site plans, architectural elevations, and other graphic representations shall accompany the proffer statement and shall be clearly identified in the text of the proffers.

(e) In the event that the Board determines that the property should be rezoned to a requested zoning district, it may make such rezoning subject to some or all of the conditions proffered by the applicant.

(f) The zoning administrator shall be vested with all necessary authority on behalf of the Board to administer and enforce proffered conditions, including the authority to require performance guarantees.

(g) Proffered conditions shall become a part of the zoning regulations applicable to the property in question and shall be noted on the zoning map. No development shall be approved by any county official unless it is in substantial conformity with the proffered conditions including proffers defining the specific uses and the physical layout depicted by the plans, profiles, elevations and other demonstrative materials presented by the applicant.

(h) Once proffered and accepted as a part of an amendment to the Zoning Ordinance, conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by such conditions; such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance.

(i) Any person aggrieved by a decision of the zoning administrator regarding any proffered condition may appeal such decision to the Board of Supervisors. Such appeal shall be filed within thirty (30) days from the date of the decision rendered by the zoning administrator by filing a written notice of appeal with the zoning administrator in a form acceptable to the zoning administrator. Such notice shall specify the grounds on which the applicant is aggrieved and the basis for the appeal.

(j) Applications for the amendment or deletion of proffered conditions previously accepted by the Board shall be considered through the same process as any other request for a zoning map amendment.

(k) The provisions of this section shall be administered and interpreted in accordance with Virginia Code § 15.2-2298.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-308. - Information required on conceptual plans.#

For conceptual plans that are required by the district regulations, the applicant shall submit a conceptual plan, and revisions to a conceptual plan, in accordance with the following procedures:

If the Director finds that any additions, deletions or modifications are necessary for a required conceptual plan that was submitted with an application, the applicant shall submit a revised plan no less than twenty-one (21) calendar days prior to the public hearing on the application before the Planning Commission.
After the public hearing before the Planning Commission, the applicant shall submit a revised conceptual plan, if any, no later than twenty-one (21) days prior to the public hearing on the application before the Board.
No conceptual plan that is required by the district regulations shall be considered at a public hearing before the Planning Commission or Board on an application unless the submission of the plan, or revisions to the plan, complies with the provisions of this section.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-309. - Revision after hearing.#

If any proposed amendment is revised after the public hearing before the Board, the Board may refer the proposed amendment back to the Planning Commission for a new public hearing and report, or may continue the public hearing to a date certain, as the Board deems appropriate.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-310. - One year limitation for reconsideration.#

No application for a zoning map amendment or text amendment which has been denied by the Board shall be resubmitted for a period of one (1) year from the date of the denial, unless the applicant can demonstrate to the satisfaction of the Board that there has been a substantial change in circumstances or conditions that would warrant reconsideration of the application.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-311. - Payment of filing fees.#

(a) Every application for an amendment to the Zoning Ordinance or zoning district map shall be accompanied by a filing fee in an amount established by the Board. The fee shall be paid at the time the application is filed with the Director.

(b) The filing fee shall be in addition to any other fees required by this Zoning Ordinance or by other ordinances of the County.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-312. - Refund of fees.#

If an application for an amendment to the Zoning Ordinance or zoning district map is withdrawn by the applicant prior to the first public hearing before the Planning Commission, the applicant may request a refund of the filing fee, less any costs incurred by the County in processing the application. No refund shall be made if the application is withdrawn after the first public hearing before the Planning Commission.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-313. - Additional fees for readvertisement.#

If an application for an amendment to the Zoning Ordinance or zoning district map is continued or deferred and requires additional advertising or notice, the applicant shall pay an additional fee in an amount established by the Board to cover the costs of such additional advertising or notice.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-314. - Certain entities exempt from payment of filing fees.#

The following entities shall be exempt from the payment of filing fees required by this division:

The County of Hanover;
Any other political subdivision of the Commonwealth of Virginia;
Any agency or instrumentality of the Commonwealth of Virginia; and
Any agency or instrumentality of the United States of America.

(Ord. No. 12-08, § 3, 1-9-13)

DIVISION 2. - Site Plans.#

Section 26-315. - Purpose.#

The purpose of this division is to provide for the review and approval of site plans to ensure that all development within the County is in compliance with the requirements of this Zoning Ordinance, the Subdivision Ordinance, and other applicable ordinances and regulations of the County, and to ensure that development is designed and constructed in a manner that protects the public health, safety, and general welfare.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-316. - Agent for site plan approval.#

The Director, or the Director's designee, shall serve as the agent for the County for the review and approval of site plans required by this Zoning Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-317. - Uses and activities which require a site plan.#

(a) A site plan shall be required for the following uses and activities:

Any new principal building or structure§;
Any addition to an existing principal building or structure that increases the gross floor area by more than five hundred (500) square feet§;
Any change in use of a building or structure that results in a change in the parking or loading requirements, or that results in a change in the intensity of use of the property;
Any new parking lot or loading area, or any expansion of an existing parking lot or loading area by more than five (5) parking spaces or loading spaces;
Any new sign, or any change to an existing sign, that requires a sign permit;
Any land disturbing activity that requires a grading permit or erosion and sediment control plan§;
Any other use or activity that the Director determines requires a site plan to ensure compliance with this Zoning Ordinance.

(b) The Director may waive the requirement for a site plan for any use or activity that the Director determines will not have a significant impact on the public health, safety, or general welfare, or that is otherwise exempt from site plan review under the provisions of this Zoning Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-318. - Review and approval procedures.#

(a) An application for site plan approval shall be filed with the Director on forms prescribed by the Director and shall be accompanied by the required filing fee.

(b) The Director shall review the site plan for compliance with the requirements of this Zoning Ordinance, the Subdivision Ordinance, and other applicable ordinances and regulations of the County.

(c) The Director shall approve, approve with conditions, or deny the site plan within sixty (60) days of the date the application is determined to be complete, unless a longer period is agreed to by the applicant.

(d) If the Director fails to act within the time period specified in subsection (c), the site plan shall be deemed approved.

(e) The Director may refer the site plan to other County departments, agencies, or consultants for review and comment.

(f) The Director may require the applicant to submit additional information or to revise the site plan to address any deficiencies or concerns identified during the review process.

(g) Approval of a site plan shall be valid for a period of two (2) years from the date of approval. If construction or development authorized by the site plan has not commenced within two (2) years of the date of approval, the site plan approval shall expire, and a new site plan application shall be required.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-319. - Information required on site plans.#

Site plans shall be prepared by a professional engineer, land surveyor, landscape architect, or architect licensed in the Commonwealth of Virginia, and shall include the following information:

The name, address, and telephone number of the owner of the property and the applicant;
The name, address, and telephone number of the person or firm that prepared the site plan;
The date of the site plan and any revisions thereto;
A north arrow, scale, and vicinity map;
The boundaries of the property, including dimensions and bearings, and the total acreage of the property;
The location of all existing and proposed buildings and structures, including dimensions, setbacks, and heights;
The location of all existing and proposed parking areas, loading areas, driveways, and other vehicular circulation areas, including the number of parking spaces and loading spaces provided;
The location of all existing and proposed sidewalks, walkways, and other pedestrian circulation areas;
The location of all existing and proposed utilities, including water, sewer, gas, electric, and telecommunications lines;
The location of all existing and proposed stormwater management facilities, including detention and retention ponds, swales, and drainage structures;
The location of all existing and proposed landscaping, buffering, and screening, including the type, size, and location of all plant materials;
The location of all existing and proposed lighting fixtures, including the type, height, and intensity of lighting;
The location of all existing and proposed signs, including the type, size, and height of signs;
The location of all existing and proposed easements, rights-of-way, and other encumbrances on the property;
The location of all existing and proposed grading and drainage improvements, including spot elevations and drainage patterns;
The location of all existing and proposed erosion and sediment control measures;
Such other information as the Director may require to determine compliance with this Zoning Ordinance and other applicable ordinances and regulations.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-320. - Amendments.#

(a) An approved site plan may be amended by filing an application for a site plan amendment with the Director.

(b) The Director shall review the proposed amendment for compliance with the requirements of this Zoning Ordinance and other applicable ordinances and regulations.

(c) The Director shall approve, approve with conditions, or deny the site plan amendment within sixty (60) days of the date the application is determined to be complete, unless a longer period is agreed to by the applicant.

(d) Minor amendments to an approved site plan may be approved by the Director without a formal application, if the Director determines that the amendment does not materially change the site plan or affect the rights of other persons.

(Ord. No. 12-08, § 3, 1-9-13)

DIVISION 3. - Conditional Use Permits.#

Section 26-321. - Purpose.#

The purpose of this division is to provide for the review and approval of conditional use permits for uses that are not permitted by right in a zoning district but may be permitted under certain conditions, to ensure that such uses are compatible with the surrounding area and do not adversely affect the public health, safety, or general welfare.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-322. - Application requirements.#

(a) An application for a conditional use permit shall be filed with the Director on forms prescribed by the Director and shall be accompanied by the required filing fee.

(b) The application shall include the following information:

The name, address, and telephone number of the owner of the property and the applicant;
The address and tax map number of the property;
A legal description of the property;
A description of the proposed use and operations;
A sketch plan as required by Section 26-323;
Such other information as the Director may require to determine compliance with this Zoning Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-323. - Information required on sketch plans.#

Sketch plans submitted with an application for a conditional use permit shall include the following information:

The boundaries of the property, including dimensions and total acreage;
The location of all existing and proposed buildings and structures, including dimensions, setbacks, and heights;
The location of all existing and proposed parking areas, loading areas, driveways, and other vehicular circulation areas;
The location of all existing and proposed sidewalks, walkways, and other pedestrian circulation areas;
The location of all existing and proposed utilities;
The location of all existing and proposed stormwater management facilities;
The location of all existing and proposed landscaping, buffering, and screening;
The location of all existing and proposed lighting fixtures;
The location of all existing and proposed signs;
The location of all existing and proposed easements, rights-of-way, and other encumbrances on the property;
Such other information as the Director may require to determine compliance with this Zoning Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-324. - Review, approval and amendment.#

(a) The Planning Commission shall hold a public hearing on the application for a conditional use permit in accordance with the provisions of this Zoning Ordinance and state law.

(b) The Planning Commission shall recommend approval, approval with conditions, or denial of the application to the Board.

(c) The Board shall hold a public hearing on the application for a conditional use permit in accordance with the provisions of this Zoning Ordinance and state law.

(d) The Board may approve, approve with conditions, or deny the application for a conditional use permit.

(e) The Board may impose such conditions on the approval of a conditional use permit as it deems necessary to ensure that the use is compatible with the surrounding area and does not adversely affect the public health, safety, or general welfare.

(f) A conditional use permit may be amended by filing an application for an amendment with the Director, which shall be processed in the same manner as the original application.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-325. - Substantial conformity with approved sketch plan.#

No development or use authorized by a conditional use permit shall be undertaken unless it is in substantial conformity with the approved sketch plan and any conditions imposed by the Board. Any deviation from the approved sketch plan or conditions shall require an amendment to the conditional use permit.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-326. - Site plan required for all conditional use permits.#

A site plan shall be required for all conditional use permits, and no building permit or certificate of occupancy shall be issued until the site plan has been approved in accordance with the provisions of Division 2 of this article.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-327. - Duration of conditional use permits.#

(a) A conditional use permit shall be valid for a period of two (2) years from the date of approval.§ If the use authorized by the conditional use permit has not commenced within two (2) years of the date of approval, the conditional use permit shall expire, and a new application shall be required.

(b) Once the use authorized by the conditional use permit has commenced, the conditional use permit shall remain in effect for as long as the use continues to operate in compliance with the conditions of the permit and the provisions of this Zoning Ordinance.

(c) If the use authorized by the conditional use permit ceases for a period of more than one (1) year, the conditional use permit shall expire, and a new application shall be required.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-328. - Revocation.#

(a) The Board may revoke a conditional use permit after a public hearing, upon a finding that:

The use is not in substantial conformity with the approved sketch plan or any conditions imposed by the Board;
The use has ceased for a period of more than one (1) year;
The use has become a nuisance or is otherwise detrimental to the public health, safety, or general welfare; or
The use is in violation of any provision of this Zoning Ordinance or any other applicable ordinance or regulation.

(b) The zoning administrator shall provide written notice to the owner of the property and the holder of the conditional use permit of the proposed revocation, and shall schedule a public hearing before the Board.

(c) The Board shall hold a public hearing on the proposed revocation in accordance with the provisions of this Zoning Ordinance and state law.

(Ord. No. 12-08, § 3, 1-9-13)

DIVISION 4. - Special Exception Permits.#

Section 26-329. - Purpose.#

The purpose of this division is to provide for the review and approval of special exception permits for uses that are not permitted by right in a zoning district but may be permitted under certain conditions, to ensure that such uses are compatible with the surrounding area and do not adversely affect the public health, safety, or general welfare.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-330. - Application requirements.#

(a) An application for a special exception permit shall be filed with the Director on forms prescribed by the Director and shall be accompanied by the required filing fee.

(b) The application shall include the following information:

The name, address, and telephone number of the owner of the property and the applicant;
The address and tax map number of the property;
A legal description of the property;
A description of the proposed use and operations;
A sketch plan as required by Section 26-331;
Such other information as the Director may require to determine compliance with this Zoning Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-331. - Information required on sketch plans.#

Sketch plans submitted with an application for a special exception permit shall include the following information:

The boundaries of the property, including dimensions and total acreage;
The location of all existing and proposed buildings and structures, including dimensions, setbacks, and heights;
The location of all existing and proposed parking areas, loading areas, driveways, and other vehicular circulation areas;
The location of all existing and proposed sidewalks, walkways, and other pedestrian circulation areas;
The location of all existing and proposed utilities;
The location of all existing and proposed stormwater management facilities;
The location of all existing and proposed landscaping, buffering, and screening;
The location of all existing and proposed lighting fixtures;
The location of all existing and proposed signs;
The location of all existing and proposed easements, rights-of-way, and other encumbrances on the property;
Such other information as the Director may require to determine compliance with this Zoning Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-332. - Review, approval and amendment.#

(a) The Planning Commission shall hold a public hearing on the application for a special exception permit in accordance with the provisions of this Zoning Ordinance and state law.

(b) The Planning Commission shall recommend approval, approval with conditions, or denial of the application to the Board.

(c) The Board shall hold a public hearing on the application for a special exception permit in accordance with the provisions of this Zoning Ordinance and state law.

(d) The Board may approve, approve with conditions, or deny the application for a special exception permit.

(e) The Board may impose such conditions on the approval of a special exception permit as it deems necessary to ensure that the use is compatible with the surrounding area and does not adversely affect the public health, safety, or general welfare.

(f) A special exception permit may be amended by filing an application for an amendment with the Director, which shall be processed in the same manner as the original application.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-333. - Substantial conformity with approved sketch plan.#

No development or use authorized by a special exception permit shall be undertaken unless it is in substantial conformity with the approved sketch plan and any conditions imposed by the Board. Any deviation from the approved sketch plan or conditions shall require an amendment to the special exception permit.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-334. - Special exceptions for certain uses.#I-1 I-2

The Board may grant a special exception for the following uses, subject to the standards and criteria set forth in this Zoning Ordinance:

Any use that is specifically identified in the district regulations as a special exception use;
Any use that is not specifically identified in the district regulations but is determined by the Board to be similar in nature and compatible with the uses permitted in the district;
Any other use that the Board determines warrants a special exception based on the unique circumstances of the property or the proposed use.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-335. - Special exceptions for width in R-1, R-2, and R-3 Districts.#R-1

The Board may grant a special exception to reduce the minimum lot width requirement in the R-1, R-2, and R-3 Districts, provided that the Board finds that:

The reduction is necessary to accommodate the proposed use;
The reduction will not adversely affect the character of the surrounding area;
The reduction will not result in a lot that is inadequate for the proposed use; and
The reduction is in conformity with the Comprehensive Plan.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-336. - Special exceptions for height.#

The Board may grant a special exception to increase the maximum height requirement in any zoning district, provided that the Board finds that:

The increase is necessary to accommodate the proposed use;
The increase will not adversely affect the character of the surrounding area;
The increase will not result in a building or structure that is incompatible with the surrounding area; and
The increase is in conformity with the Comprehensive Plan.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-337. - Special Exceptions for landscaping.#

The Board may grant a special exception to modify the landscaping, buffering, or screening requirements of this Zoning Ordinance, provided that the Board finds that:

The modification is necessary to accommodate the proposed use;
The modification will not adversely affect the character of the surrounding area;
The modification will not result in a reduction in the effectiveness of the landscaping, buffering, or screening; and
The modification is in conformity with the Comprehensive Plan.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-338. - Special exceptions for signs.#

The Board may grant a special exception to modify the sign regulations of this Zoning Ordinance, provided that the Board finds that:

The modification is necessary to accommodate the proposed use;
The modification will not adversely affect the character of the surrounding area;
The modification will not result in a sign that is incompatible with the surrounding area; and
The modification is in conformity with the Comprehensive Plan.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-338.1. - Standards for special exceptions for properties in areas designated as Rural Village in the Comprehensive Plan.#

The Board may grant a special exception for properties located in areas designated as Rural Village in the Comprehensive Plan, provided that the Board finds that:

The proposed use is consistent with the Rural Village designation in the Comprehensive Plan;
The proposed use is compatible with the existing character of the Rural Village area;
The proposed use will not adversely affect the public health, safety, or general welfare;
The proposed use will not result in a significant increase in traffic, noise, or other impacts on the surrounding area; and
The proposed use is in conformity with the Comprehensive Plan.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-339. - Duration of special exception permits.#

(a) A special exception permit shall be valid for a period of two (2) years from the date of approval.§ If the use authorized by the special exception permit has not commenced within two (2) years of the date of approval, the special exception permit shall expire, and a new application shall be required.

(b) Once the use authorized by the special exception permit has commenced, the special exception permit shall remain in effect for as long as the use continues to operate in compliance with the conditions of the permit and the provisions of this Zoning Ordinance.

(c) If the use authorized by the special exception permit ceases for a period of more than one (1) year, the special exception permit shall expire, and a new application shall be required.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-340. - Revocation.#

(a) The Board may revoke a special exception permit after a public hearing, upon a finding that:

The use is not in substantial conformity with the approved sketch plan or any conditions imposed by the Board;
The use has ceased for a period of more than one (1) year;
The use has become a nuisance or is otherwise detrimental to the public health, safety, or general welfare; or
The use is in violation of any provision of this Zoning Ordinance or any other applicable ordinance or regulation.

(b) The zoning administrator shall provide written notice to the owner of the property and the holder of the special exception permit of the proposed revocation, and shall schedule a public hearing before the Board.

(c) The Board shall hold a public hearing on the proposed revocation in accordance with the provisions of this Zoning Ordinance and state law.

(Ord. No. 12-08, § 3, 1-9-13)

DIVISION 5. - Enforcement.#

Section 26-341. - Enforcement.#

The zoning administrator shall be responsible for the enforcement of the provisions of this Zoning Ordinance. The zoning administrator shall have the authority to:

Inspect any property, building, or structure to determine compliance with this Zoning Ordinance;
Issue notices of violation and orders to comply;
Issue stop work orders;
Revoke or suspend any permit or approval issued under this Zoning Ordinance;
Initiate legal proceedings to enforce the provisions of this Zoning Ordinance;
Take such other actions as may be necessary to enforce the provisions of this Zoning Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-342. - Building permit required.#

No building or structure shall be erected, constructed, enlarged, altered, moved, or demolished without a building permit issued by the County, in accordance with the provisions of the Virginia Uniform Statewide Building Code and this Zoning Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-343. - Previously issued building permits.#

Any building permit issued prior to the effective date of this Zoning Ordinance shall remain valid, provided that the construction or development authorized by the building permit is commenced within the time period specified in the building permit and is otherwise in compliance with the provisions of this Zoning Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-344. - Plats.#

No plat of a subdivision shall be recorded in the office of the Clerk of the Circuit Court of Hanover County until the plat has been approved in accordance with the provisions of the Subdivision Ordinance and this Zoning Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-345. - Certificates of Occupancy.#

(a) No building or structure shall be occupied or used until a certificate of occupancy has been issued by the County, in accordance with the provisions of the Virginia Uniform Statewide Building Code and this Zoning Ordinance.

(b) A certificate of occupancy shall be issued only if the building or structure and the proposed use are in compliance with the provisions of this Zoning Ordinance and any applicable permits or approvals.

(c) A certificate of occupancy shall be required for any change in the use of a building or structure, even if no construction or alteration is proposed.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-346. - Authority of zoning administrator to enforce provisions of Zoning Ordinance.#

The zoning administrator shall have the authority to enforce the provisions of this Zoning Ordinance, including the authority to:

Enter any property, building, or structure at reasonable times to inspect for compliance with this Zoning Ordinance;
Issue notices of violation and orders to comply;
Issue stop work orders;
Revoke or suspend any permit or approval issued under this Zoning Ordinance;
Initiate legal proceedings to enforce the provisions of this Zoning Ordinance;
Take such other actions as may be necessary to enforce the provisions of this Zoning Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-347. - Violation of provision of Zoning Ordinance; notice of violation.#

(a) If the zoning administrator determines that a violation of this Zoning Ordinance has occurred, the zoning administrator shall issue a notice of violation to the owner of the property, the occupant of the property, and any other person responsible for the violation.

(b) The notice of violation shall include:

A description of the violation;
The specific provision of this Zoning Ordinance that has been violated;
The actions required to correct the violation;
The time period within which the violation must be corrected;
A statement of the penalties that may be imposed for failure to correct the violation.

(c) The notice of violation shall be served personally or by certified mail, return receipt requested, to the last known address of the owner, occupant, or other person responsible for the violation.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-348. - Civil penalties.#

(a) Any person who violates any provision of this Zoning Ordinance shall be subject to a civil penalty of not more than five hundred dollars ($500.00) for each violation.§ Each day that a violation continues shall constitute a separate offense.

(b) The civil penalty shall be recovered by the County in a civil action in the appropriate court of the Commonwealth of Virginia.

(c) In addition to any civil penalty, the County may seek injunctive relief to prevent, correct, or abate any violation of this Zoning Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-349. - Criminal penalties.#

(a) Any person who knowingly and willfully violates any provision of this Zoning Ordinance shall be guilty of a Class 1 misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500.00) and/or imprisonment for not more than twelve (12) months.§

(b) Each day that a violation continues shall constitute a separate offense.

(c) The criminal penalty shall be recovered by the County in a criminal action in the appropriate court of the Commonwealth of Virginia.

(Ord. No. 12-08, § 3, 1-9-13)

Article 6. - Site Plans and Conditional Uses#

Division 1. - Generally#

Section 26-309. - Revision after hearing.#

Following its public hearing, the Board may make appropriate changes or corrections in an ordinance or proposed amendment; provided, however, that no additional land may be zoned to a different classification than was contained in the public notice without an additional public hearing after notice as required in sections 26-304 and 26-305 above.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-310. - One year limitation for reconsideration.#

Whenever a petition requesting an amendment, supplement, or change has been denied by the Board, such petition, or one substantially similar, shall not be reconsidered sooner than one year after the date of the previous denial by the Board.§

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-311. - Payment of filing fees.#

The appropriate fee shall be paid at the time of submission of any application for a permit, review, or hearing required by this Ordinance, in accordance with a schedule of fees as adopted by the Board from time to time. No such schedule of fees shall be adopted, changed, or amended unless and until the Board shall hold an advertised public hearing on any such proposed adoption, change, or amendment.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-312. - Refund of fees.#

No fee shall be refunded pursuant to withdrawal of an application; provided, a refund of ninety (90) percent of the total fee paid, less any costs incurred for traffic or other studies undertaken solely in response to the filing of the application, may be approved by the zoning administrator if a request for withdrawal, signed by the applicant or his designated agent, is received by the zoning administrator in time to prevent publication of the first notice of hearing has subsequently been approved by the Board, or other appropriate decision making body. No refund shall be allowed where the only action required is by the zoning administrator.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-313. - Additional fees for readvertisement.#

An additional fee in accordance with the adopted schedule of fees shall be charged each time an application must be readvertised due to any delay or postponement requested by the applicant or necessitated by some act or failure to act on the part of the applicant.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-314. - Certain entities exempt from payment of filing fees.#

Notwithstanding any other provision to the contrary, any filing fee required under this Ordinance shall be waived for any applicant which is an agency of the government of the United States, an agency of the Commonwealth, or an agency of the County of Hanover, or for any applicant which is an organization or corporation which has tax exempt status at the time any such exemption is claimed.§ Nothing herein shall be construed to exempt any such agency, organization, or corporation from any bonding or penalty provisions of this Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Division 2. - Site Plans#

Section 26-315. - Purpose.#

For the purpose of ensuring good arrangement, appearance, function, harmony with surroundings and adjacent uses and the objectives of the Comprehensive Plan, and compliance with the requirements of these regulations, site plans shall be submitted, reviewed, and approved prior to the issuance of any permits for construction in accordance with the regulations below.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-316. - Agent for site plan approval.#

The zoning administrator or his designee shall be the agent of the Board for site plan approval unless provided for otherwise in the district regulations.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-317. - Uses and activities which require a site plan.#

(a) A site plan shall be required for the following uses:

Two-family, townhouse, and multiple-family uses when no residential subdivision lots are being created;

All business and industrial uses and churches and other places of worship, except for:

a. The expansion of an existing building or the addition of an accessory structure to an existing site when the expansion or addition, cumulatively, is as follows:

Existing Building Size	Maximum Expansion Allowed
Total square footage of all existing buildings on the site is 5,000 sq. ft. of gross floor area or less	Expansion may not be larger than ten percent (10%) of the existing floor area
Total square footage of all buildings on-site exceeds 5,000 sq. ft. of floor area	Expansion may not exceed ten percent (10%) of the existing floor area for the first 5,000 sq. ft. plus five percent (5%) of the gross floor area above 5,000 sq. ft., provided the expansion or addition does not exceed 800 sq. ft.

b. The creation, expansion or reconfiguration by 2,500 square feet or less, cumulatively, of a parking area that met all applicable regulations when constructed.§

Telecommunications towers and related facilities;
Any use for which a conditional use permit is required;
Utility uses only when structures are to be installed above-ground (except for minor appurtenances such as fire hydrants) and only for the tax parcel on which the structures are located.

(b) For the purposes of this section, the term cumulatively shall mean all changes occurring on or after the date that the building or use became applicable to regulations.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-318. - Review and approval procedures.#

(a) A site plan shall be submitted to the zoning administrator for review and approval. Such application shall be made on forms supplied by the Planning Department and accompanied by the number of copies of the site plan as determined by the zoning administrator. The site plan shall be prepared in accordance with the requirements specified in division 2 of article 6.

(b) The site plan shall be reviewed and approved or disapproved within sixty (60) days after it has been officially submitted for approval.§ The site plan shall comply with the requirements of this Ordinance and all other provisions of the Hanover County Code. Site plans for approved conditional uses shall also be reviewed for substantial compliance with the sketch plan approved with the conditional use permit.

(c) If a site plan is disapproved, the reasons for such action shall be provided to the applicant in writing. The applicant may submit a revised site plan to the zoning administrator that addresses the reasons for disapproval. The zoning administrator shall review the revised site plan and either approve or disapprove the site plan within forty-five (45) days after the site plan has been modified, corrected and resubmitted for approval.§ If all corrections specified have been made, the site plan shall then be approved. If additional corrections are necessary, the site plan shall be resubmitted and the zoning administrator shall approve or disapprove the site plan within forty-five (45) days after the site plan has been modified, corrected and resubmitted for approval.

(d) Nothing in this section shall be interpreted to permit a variance or exception to the regulations of this Ordinance or to abridge the procedures or requirements of the laws and ordinances governing the subdivision of land.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-319. - Information required on-site plans.#

The site plan submitted for review and approval shall include the following information:

The proposed title of the project, the names of the engineer, architect, designer, or landscape architect, and the property owner and the developer (if different).
A general vicinity map at a scale no greater than 1":2000'.
Geographic Parcel Identification Number (GPIN) for all subject parcel(s) and the owner's name, zoning, and GPIN for all adjacent parcels.
The use(s) of the subject parcel(s).
The north arrow (on applicable sheets), scale, and date of the site plan including any subsequent revisions. The scale of the site plan shall be as follows:

Project Size	Maximum Scale
More than two hundred (200) acres	Not more than two hundred (200) feet to one inch
Fifty (50) to two hundred (200) acres	Not more than one hundred (100) feet to one inch
More than ten (10) acres but less than fifty (50) acres	Not more than fifty (50) feet to one inch
Ten (10) acres or less	Not more than thirty (30) feet to one inch

Existing zoning (including overlay districts, rezonings, conditional use permits, special exception permits and variances, and any applicable letters, proffers or conditions), magisterial district and zoning district boundaries of the subject parcel(s).
The boundaries of the parcel(s) involved, county or municipal boundaries, the location of all existing easements with associated recordation references, existing property lines, existing streets, buildings, or waterways, mapped dam break inundation zones, areas affected by Chesapeake Bay preservation requirements, major tree masses and other existing physical features in or adjoining the project.
Topography of the project area with contour intervals of two (2) feet or less, unless waived by the zoning administrator as clearly unnecessary to a review of the project or proposal.
The location and sizes of sanitary and storm sewers, water mains, culverts, and other underground structures, and all utility lines, including electric, natural gas, CATV, telephone, and other lines, both underground and overhead, existing and planned, in or near the project.
The location, dimension, height and use of all existing and proposed buildings and structures.
The location, design and materials used to construct proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas (including numbers of parking and loading spaces), outdoor lighting systems, storm drainage and sanitary facilities.
The location of proposed lots, setback lines, and easements and any proposed reservations for parks, parkways, playgrounds, school sites, and open space areas.
The location, height, and materials of all fences, walls and screens.
The location of outdoor waste receptacles, if provided, and the method of screening.
The location of existing and proposed freestanding signs.
Preliminary plans and elevations of proposed buildings and structures.
A landscape plan (if required), including a list of the specific plant materials to be used to satisfy the applicable landscaping requirements, with a calculation of the area of the parking lot, landscaped area required, and landscaped area provided (where applicable).
A lighting plan, prepared in accordance with section 26-269, if the use(s) of the property will be operating during the hours of darkness.
A tabulation of total number of acres in the project, gross and net, as required in the district regulations, and the percentage thereof proposed to be devoted to the several dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks, schools, and other reservations.
A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre, gross and net, as required by district regulations.
All applications for site plan approval shall include water quality impact assessments when required by Chapter 10 of the Hanover County Code and the location of all mapped dam break inundation zones. Applications for site plan approval shall be reviewed by the Director of Public Works who shall determine whether the proposed development meets the requirements of Chapter 10 of the Hanover County Code. No approval shall be granted by any approval authority unless the development meets those requirements.
Compliance with Chesapeake Bay preservation requirements, in accordance with Chapter 10, Environmental Management, of the Hanover County Code.
Compliance with erosion and sediment control requirements in accordance with Chapter 10, Environmental Management, of the Hanover County Code.
Other information as may be required by the zoning administrator in order to comply with federal, state, or local laws.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-320. - Amendments.#

Proposed amendments to an approved site plan shall be submitted in accordance with the procedures set forth in section 26-318; however, an approved site plan may be amended by redlining or slip-sheeting when:

The new building or expansion meets the site plan exemption criteria listed in section 26-317(a)(2);
The expansion will not create a drive-in window, ATM station, or other activity for which adequate stacking and circulation on-site is required;
The expansion will not affect drainage or required setbacks for structures; and
The parking area being created, expanded, or reconfigured is less than 2,500 square feet.

(Ord. No. 12-08, § 3, 1-9-13)

Division 3. - Conditional Uses#

Section 26-321. - Purpose.#

(a) The purpose of the conditional use procedure is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the district regulations. These uses either have unusual characteristics or are generally of a public or semipublic character and are essential and desirable for the general convenience and welfare, but because of the nature of the use, the importance of the relationship to the Comprehensive Plan, and possible impact not only on neighboring properties, but on a large section of the County, require the exercise of planning judgment on location and site plan. Conditional uses also include those public uses, public utility, or public service uses upon which the Planning Commission is required to report following adoption of the Comprehensive Plan under the state planning enabling statutes, thus facilitating coordination of the purposes of state planning statutes with those of state zoning enabling statutes.

(b) A conditional use may be approved by the Board in accordance with the following:

The location is appropriate and not in conflict with the Comprehensive Plan;
The public health, safety, morals, and general welfare will not be adversely affected;
Adequate off-street parking facilities will be provided;
Necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values;
The additional standards of this article are complied with.

(c) Unless otherwise specified in this division or specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for other uses in the district in which the conditional use is located.

(Ord. No. 12-08, § 3, 1-9-13)

Article 26. Conditional Use Permits and Special Exceptions#

Section 26-322. - Application requirements.#

(a) An application for a conditional use permit may be made by any property owner, attorney in-fact of the owner, or tenant, and by any legal entity authorized by the Commonwealth of Virginia or the United States to acquire land through eminent domain.

(b) An application for a conditional use permit shall include written permission from the owner of the subject property granting right of entry to the zoning administrator and to agents of the County and law enforcement agencies, for inspection purposes, during the term of any permit which may be issued.

(c) Applications shall be filed on forms prescribed by the zoning administrator and shall include information required by the zoning administrator.

(d) Whenever an application has been denied by the Board, such application, or one that is substantially the same, shall not be reconsidered sooner than one year after the previous denial.

(e) All applications for conditional use permits shall be accompanied by a sketch plan for review and approval by the County staff, Planning Commission, and the Board. Sketch plans, and revisions to sketch plans, shall be submitted in accordance with the following procedures:

If the zoning administrator finds that any additions, deletions or modifications are necessary for a required sketch plan that was submitted with an application, the applicant shall submit a revised plan no less than twenty-one (21) calendar days prior to the public hearing before the Planning Commission.
After the public hearing before the Planning Commission, the applicant shall submit a revised sketch plan, if any, no less than twenty-one (21) calendar days prior to the public hearing before the Board.
No sketch plan that is required by the district regulations shall be considered at a public hearing before the Planning Commission or Board unless the submission of the plan, or revisions to the plan, complies with the provisions of this section.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-323. - Information required on sketch plans.#

The sketch plan shall be clearly drawn to a scale as specified below, shall comply with all applicable laws, regulations, and ordinances, and shall show the following:

The proposed title of the project, the name of the developer, and the name of the preparer of the plan.
The north point, scale, and date. The scale of the sketch plan shall be as follows:

Project Size	Maximum Scale
More than two hundred (200) acres	200' : 1"
Fifty (50) to two hundred (200) acres	100' : 1"
Ten (10) acres to fifty (50) acres	50' : 1"
Ten (10) acres or less	30' : 1"

Existing zoning and zoning district boundaries.
The boundaries of the property involved; County or town boundaries; property lines; existing streets, buildings, or waterways; mapped dam break inundation zones; areas affected by Chesapeake Bay preservation requirements; and major tree masses.
Topography of the project area with contours of five (5) feet or less.
Proposed changes in zoning, if any.
The general location and character of construction of proposed streets, alleys, driveways, curb cuts, entrances, and exits.
Location(s) of all proposed buildings and structures, accessory and main; major excavation; and the use category for each building.
General location, height, and material for all fences, walls, screen plantings, berms, and landscaping. The required perimeter buffer, if any, shall be shown.
Architectural elevation(s) for the proposed structures on site.
Other information as may be required by the zoning administrator.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-324. - Review, approval and amendment.#

A conditional use permit may be approved, or terms of approval amended, by the Board after a public hearing before the Planning Commission and the Board, with advertising and notice in accordance with requirements specified in sections 26-304 and 26-305.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-325. - Substantial conformity with approved sketch plan.#

Once a conditional use permit is approved for a property, the property shall be developed and maintained in substantial conformity with the sketch plan submitted with the application and approved by the Board.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-326. - Site plan required for all conditional use permits.#

Following approval by the Board and prior to commencement of the use, a site plan shall be prepared and submitted to the Planning Office for review and approval in accordance with the procedures set forth in division 2 of article 6.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-327. - Duration of conditional use permits.#

(a) Validity.

(1) Approval of a conditional use permit shall be valid for a period of one (1) year after the date of approval and, thereafter, shall be void unless substantial construction or use has been initiated during the one-year period, unless:

a. Another period of validity is established by the Board at the time of approval, or

b. Another period of validity is established by the Board upon application filed before the expiration of the prescribed time period, upon a finding that commencement within the prescribed period is not practical because of circumstances applicable to the proposed development.

(2) An extension after one (1) year is not necessary for:

a. A nonconforming use already established on the property that is required to obtain a conditional use permit to expand their use, or

b. An amendment of an approved conditional use permit for an existing use.

(b) Extensions.

(1) The Board may approve a request for an extension of time for the validity of a conditional use permit in accordance with the following:

a. A request for an extension of time shall be filed in writing, on forms prescribed by the zoning administrator, prior to the expiration date of the permit.

b. The request shall specify the basis for and the amount of additional time requested and shall include an explanation of the reason that substantial construction or use has not been commenced in accordance with the time specified by the Board in the approval action.

c. A request for an extension of time may be approved only if it is determined by the Board that the use is in accordance with all applicable provisions of the Zoning Ordinance and Subdivision Ordinance, and that approval of additional time is consistent with the public interest.

d. A request for an extension shall not be required when substantial construction or the use has been initiated and a condition of approval requires that the conditional use permit be renewed at defined intervals. In those instances, the renewal of the conditional use permit is controlled by the requirements of the conditions of approval.

(2) If a request for an extension is timely filed, the conditional use permit shall remain valid until a request for additional time is acted upon by the Board, subject to the following:

a. No more than two (2) extensions may be granted by the Board. Should neither substantial construction nor use be initiated during the extension period, the conditional use permit shall expire and a new conditional use permit is required prior to initiation of the use.

b. Each extension may not exceed two (2) years.

c. The extension period begins on the date that the Board grants the extension.

(1) A conditional use permit shall expire:

a. Upon the expiration of any time period imposed by the Board at the time of approval of the conditional use permit;

b. If the use or construction has not commenced in accordance with these provisions;

c. If the use or activity for which a conditional use permit was approved should cease for any reason for a period of two (2) years or more.

(2) Should any of the situations described in this subsection occur, the conditional use permit shall automatically expire without notice or further proceedings and the approval of a new conditional use permit shall be required prior to any subsequent reinstatement of the use.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 23-16, § 1, 11-8-23)

Section 26-328. - Revocation.#

(a) A conditional use permit shall be revocable by the Board at any time if the owner or operator of the use or the site subject to the permit fails to comply with the terms and conditions of the permit, or with requirements of County, State or federal laws or regulations applicable to the property.

(b) Before revoking any conditional use permit, the Board shall conduct a public hearing and provide notice as would be required for the issuance of a conditional use permit. In addition, the owner or operator shall be given at least twenty days advance written notice of the hearing date by certified mail. The notice sent to the owner or operator shall include:

The grounds for the proposed revocation;
The date, time and place of the public hearing.

(c) The provisions of this section shall not be deemed to preclude the use of any other available remedy with respect to violations of the conditions imposed as part of the approval of the conditional use permit or other provisions of this Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-329. - Purpose.#

In order to provide for adjustments in the relative locations of uses and buildings of the same or different classifications, to promote the usefulness of these regulations, as instruments for fact finding, interpretation, application, adjustment, and to supply the necessary elasticity to their efficient operation, special use exceptions, limited as to location and especially in locations described in this article, are permitted by the terms of these regulations. Uses identified in the district regulations and the following buildings and uses are permitted as special exceptions if the Board finds that such exceptions will not be substantially affect adversely the uses of adjacent and neighboring property permitted in this Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-330. - Application requirements.#

(a) An application for a special exception may be made by any property owner, attorney in fact of the owner, or tenant, and by any legal entity authorized by the Commonwealth of Virginia or the United States to acquire land through eminent domain.

(b) An application for a special exception shall include written permission from the owner of the subject property granting right of entry to the zoning administrator and to agents of the County and law enforcement agencies, for inspection purposes, during the term of any permit which may be issued.

(c) Applications shall be filed on forms prescribed by the zoning administrator and shall include information required by the zoning administrator.

(d) Whenever an application has been denied by the board, such application, or one (1) that is substantially the same, shall not be reconsidered sooner than one (1) year after the previous denial.

(e) All applications for special exception permits shall be accompanied by a sketch plan for review and approval by the County staff and the Board. Sketch plans, and revisions to sketch plans, shall be submitted in accordance with the following procedures:

If the zoning administrator finds that any additions, deletions or modifications are necessary for a required sketch plan that was submitted with an application, the applicant shall submit a revised plan no less than twenty-one (21) calendar days prior to the public hearing before the board.
No sketch plan that is required by the district regulations shall be considered at a public hearing before the board unless the submission of the plan, or revisions to the plan, complies with the provisions of this section.

(f) For each application for a special exception for a short-term rental, non-owner occupied, or a short-term rental, accessory detached, the applicant shall provide a copy of the restrictive covenants applicable to the property.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 24-09, § 11, 1-22-25; Ord. No. 25-10, § 8, 8-27-25)

Section 26-331. - Information required on sketch plans.#

In addition to the application requirements set forth in section 2 above, applications for special exceptions shall be accompanied by a sketch plan, which shall show the following:

The proposed title of the project, the name of the developer, and the name of the preparer of the plan.
The north point, scale, and date. The scale of the sketch plan shall not more than 200″:1.§
The boundaries of the property involved; County or town boundaries; property lines; existing streets, buildings, and waterways; areas affected by Chesapeake Bay preservation requirements; and major tree masses.
The general location and character of construction of proposed parking lots, driveways, curb cuts, entrances, and exits.
The locations of all proposed buildings and structures.
The general locations, heights, and materials of all fences, walls, screen plantings, berms, and landscaping.
Any additional information required by the zoning administrator.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-332. - Review, approval and amendment.#

(a) A special exception may be approved, or terms of approval amended, by the Board after a public hearing before the Board, with advertising and notice in accordance with requirements specified in sections 26-304 and 26-305.

(b) A special exception may only be granted if the Board makes the following findings:

The proposed use or proposed modification of generally applicable regulations is compatible with the character of the surrounding area;
The proposed use or proposed modification will not produce noise, odor, vibration, or glare beyond that which is generally produced by uses that are permitted by right in the applicable zoning district;
The proposed use or proposed modification will not create traffic congestion and will not impair the safe and efficient travel along the county's road network;
The proposed use or proposed modification will not diminish the view shed as seen from the public right-of-way, or unreasonably impact historic or natural resources;
The proposed use or proposed modification will not impair the public health, safety, and general welfare;
The approval of the special exception is consistent with good zoning practices and the comprehensive plan; and
All other additional requirements for a proposed use or proposed modification that are set forth elsewhere in this chapter are satisfied.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 18-03, § 3, 4-25-18)

Article XXVI. - Special Exceptions#

Section 26-333. - Substantial conformity with approved sketch plan.#

Once a special exception permit is approved for a property, the property shall be developed and maintained in substantial conformity with the sketch plan submitted with the application and approved by the Board.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-334. - Special exceptions for certain uses.#

The following use exceptions may be granted by the Board subject to such conditions as the Board deems necessary to carry out the intent and purpose of the various districts, the Zoning Ordinance and, after considering the impact thereof, upon zoning objectives and practices:

Exceptions to parking and loading requirements as follows:

a. Waiver or reduction of the loading requirements in any district whenever the character or use of the building is such as to make unnecessary the full provision of loading facilities.§

b. Waiver or reduction of loading space requirements where adequate community loading facilities are provided.§

c. Waiver or reduction of loading space requirements for uses which contain less than ten thousand (10,000) square feet of floor area where construction of existing buildings, problems of access, or size of lot make impractical the provision of required loading.§
Temporary field offices and trailers for business purposes not in conjunction with retail sales and where no part of said field office will be used for living quarters.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-335. - Special exceptions for width in R-1, R-2, and R-3 Districts.#

A special width exception may be approved by the Board to allow an exception to lot width in any R-1, R-2, or R-3 district.§ Applications for special exceptions shall be made on a form provided by the zoning administrator. An exception may only be granted if:

An existing dwelling fronts on an existing public road;
No additional access is created to the public road upon which the lot fronts; and
The Board makes the following additional findings:

a. That an exception would enhance the orderly development of the area; and

b. That the granting of the exception will not endanger the public safety, or in any other respect impair the health, safety, comfort, and welfare of the inhabitants of the County.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-336. - Special exceptions for height.#

The Board may, upon application, permit an exception to the maximum height provided in each zone, subject to the following procedures and limitations:

Any application for a special height exception shall be made and processed in the same manner as an application for a special use exception and subject to the rules for same by the Board.
An application for a special height exception shall be considered by the Board only after a public hearing following adequate notice as provided for by state law.
An exception to the height limit shall be granted only where the Board finds that such exception will not impair the appropriate use and enjoyment of surrounding property nor derogate from the intent and purpose of this Ordinance.§
No exception shall be granted which would allow encroachment into a "controlled airspace" (as defined). No exception shall be granted which allows a structure located within ten thousand (10,000) feet of any airport runway to exceed an elevation which is one hundred fifty (150) feet above the elevation of the lower end of the airport runway.§
In granting a special height exception, the Board may impose such conditions as may be necessary to reduce the impact of the building or structure for which the exception is requested. The Board may also impose such conditions as may be necessary to maintain the character of the zoning district.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-337. - Special Exceptions for landscaping.#

Exceptions to the buffer, access, front yard, and landscaping requirements may be granted by the Board in accordance with the procedures set out in this Ordinance.§ Applications shall be made on a form provided by the zoning administrator and shall be accompanied by a sketch plan of the proposed development. An exception may be granted if the Board makes the following findings:

That an exception to access requirements would not unreasonably lower the level of service on affected roads;
That the design and location of proposed access points are compatible with existing access on the site of the proposed development and on affected streets;
That the granting of the exception for access, front yards, or buffers will not substantially affect adversely the use of adjacent and neighboring property;
That the granting of the exception for landscaping will avoid the unnecessary replacement of existing landscaping and other improvements on-site and will not result in unsafe traffic circulation patterns on site;
That the purpose for which the front yard reduction is requested is appropriate in the context of the request, and the reduction is necessary for reasons other than convenience; and
That the granting of the exception for access, landscaping, front yards, or buffers will not endanger the public safety, or in any other respect impair the health, safety, comfort, and welfare of the inhabitants of the County.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-338. - Special exceptions for signs.#

Any request for a variation in the permitted height, area, location, or number of signs in any district may be granted as a special exception by the Board in accordance with the procedures, set out in this Ordinance.§ An exception may be granted if the Board makes the following findings:

That an exception would not unreasonably affect nor inhibit the movement of traffic on surrounding roads;
That the proposed design and location of the signs(s) are compatible with existing signs and sign locations on surrounding properties;
That the granting of the exception will not adversely affect the use of adjacent and neighboring property;
That the granting of the exception will neither reduce, nor affect the placement of, required landscaping on-site and will not result in unsafe traffic patterns on site; and
That the granting of the exception will not endanger the public safety, nor in any other respect impair the health, safety, comfort, and welfare of the inhabitants of the County.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-338.1. - Standards for special exceptions for properties in areas designated as Rural Village in the Comprehensive Plan.#

Exceptions allowing for multiple use structures or the reduction in required front yard setbacks in those areas designated on the General Land Use Plan of the Comprehensive Plan as Rural Village may be granted by the Board in accordance with the provisions set forth in this section.§ Applications shall be made on a form provided by the zoning administrator and shall be accompanied by a sketch plan of the proposed development. An exception may be granted if the Board makes the following findings:

That the new structure or the expansion of an existing structure shall be located outside of the ultimate right-of-way and is compatible with the prevailing setbacks along the road on which the subject property fronts;
That the scale and character of the proposed structure or the expansion of the existing structure is compatible with the surrounding development;
That the purpose for which the front yard reduction is requested is appropriate in the context of the physical setting, and the reduction is necessary for reasons other than convenience;
That the granting of the exception for front yard setbacks will not adversely affect the use of adjacent and neighboring property; and
That the granting of the exception shall not impair the health, public safety, and general welfare.

(Ord. No. 16-13, § 6, 2-8-17)

Section 26-339. - Duration of special exception permits.#

(a) Validity.

(1) Approval of a special exception shall be valid for a period of one (1) year after the date of approval and, thereafter, shall be void unless substantial construction or use has been initiated during the one-year period, unless:

a. Another period of validity is established by the Board at the time of approval, or

(2) An extension after one (1) year is not necessary for:

a. A nonconforming use already established on the property that is required to obtain a special exception permit to expand their use, or

b. An amendment of an approved special exception permit for an existing use.

(b) Extensions.

(1) The zoning administrator may approve a request for an extension of time for the validity of a special exception in accordance with the following:

a. A request for an extension of time shall be filed in writing, on forms prescribed by the zoning administrator, prior to the expiration date of the special exception.

c. A request for an extension of time may be approved only if it is determined by the zoning administrator that the use is in accordance with all applicable provisions of the Zoning Ordinance and Subdivision Ordinance, and that approval of additional time is consistent with the public interest.

d. A request for an extension shall not be required when substantial construction or the use has been initiated and a condition of approval requires that the special exception be renewed at defined intervals. In those instances, the renewal of the special exception is controlled by the requirements of the conditions of approval.

(2) If a request for an extension is timely filed, the special exception permit shall remain valid until a request for additional time is acted upon by the zoning administrator, subject to the following:

a. No more than two (2) extensions may be granted. Should neither substantial construction nor use be initiated during the extension period, the special exception shall expire and a new special exception is required prior to initiation of the use.

b. Each extension may not exceed two (2) years.

c. The extension period begins the date the zoning administrator grants the extension.

(3) A decision made by the zoning administrator regarding the extension of a special exception may be appealed to the Board.

(1) A special exception permit shall expire:

a. If the period of time approved by the Board for the duration of the special exception expires;

b. If the use or construction has not commenced in accordance with these provisions, and no extension has been granted in accordance with subsection (b);

c. If the use or activity for which a special exception was approved should cease for any reason for a period of two (2) years or more.

(2) Should any of the situations described in this subsection occur, the special exception shall automatically expire without notice or further proceedings and the approval of a new special exception shall be required prior to any subsequent reinstatement of the use.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 23-16, § 2, 11-8-23)

Section 26-340. - Revocation.#

(a) A special exception shall be revocable by the Board at any time if the owner or operator of the use or the site subject to the permit fails to comply with the terms and conditions of the permit, or with requirements of County, State or federal laws or regulations applicable to the property.

(b) Before revoking any exception, the Board shall conduct a public hearing and provide notice as would be required for the issuance of a special exception permit. In addition, the owner or operator shall be given at least twenty days advance written notice of the hearing date by certified mail. The notice shall include:

The grounds for the proposed revocation;
The date, time and place of the public hearing.

(c) The provisions of this section shall not be deemed to preclude the use of any other available remedy with respect to violations of the conditions imposed as part of the approval of the special exception permit or provisions of this Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-341. - Enforcement.#

It shall be the duty of the zoning administrator to enforce the provisions of this Ordinance and to refuse to issue any permit for any building, or for the use of any premises which would violate any of the provisions of said Ordinance. It shall also be the duty of all officers and employees of the County to assist the enforcing officer by reporting to him any seeming violation in new construction, reconstruction, or land uses.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-342. - Building permit required.#

No building shall be erected, constructed, altered, moved, converted, extended, or enlarged, without the owner or owners first having obtained a building permit.§ Such permit shall require conformity with the provisions of this Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-343. - Previously issued building permits.#

No building permit, lawfully issued prior to the effective date of this Ordinance, or of any amendment hereto, and which permit, by its own terms and provisions, is in force and effect at said date, shall be invalidated by the passage of this Ordinance, or any such amendment, but shall remain a valid and subsisting permit, subject only to its own terms and provisions and ordinances, rules, and regulations pertaining thereto, and in effect at the time of the issuance of such permit.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-344. - Plats#

All applications for building permits shall be accompanied by a drawing or plat in duplicate or as required by the zoning administrator showing, with dimensions, the lot lines, the building or buildings, the location of buildings on the lot and such other information as may be necessary to provide for the enforcement of these regulations, including, if necessary, a boundary survey and a staking of the lot by a competent surveyor and complete construction plans. The drawings shall contain suitable notations indicating the proposed use of all lands and buildings. A careful record of the original copy of such application and plat shall be kept in the offices of the zoning administrator and a duplicate copy shall be kept at the building at all times during construction.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-345. - Certificates of Occupancy.#

(a) No vacant land shall be occupied or used, except for agricultural uses associated with the conduct of a farm, until a certificate of occupancy shall have been issued by the zoning administrator.§

(b) No premises shall be used, and no buildings hereafter erected or structurally altered shall be used, occupied, or changed in use until a certificate of occupancy and compliance shall have been issued by the zoning administrator, stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.

(c) Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such buildings shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the zoning administrator.

(d) A certificate of occupancy shall be required of all nonconforming uses. Application for a certificate of occupancy for nonconforming uses shall be filed with the zoning administrator within twelve (12) months after the effective date of this Ordinance.

(e) The zoning administrator may issue temporary certificates of occupancy for single-family residences before the off-street parking required by the Zoning Ordinance shall have been completed, provided such temporary certificate shall be valid for a period not to exceed ninety (90) days.§ No such temporary certificate shall be issued until and unless appropriate surety shall have been posted with the zoning administrator in an amount sufficient to guarantee the cost of providing such off-street parking. No temporary certificate of occupancy shall be issued for a residence in a planned unit development, a subdivision for which proffers were accepted by the Board, or a multi-family zoning district, or for structures or uses requiring conditional uses or special exception approval.

(f) The zoning administrator may issue temporary certificates of occupancy for commercial and industrial buildings and uses prior to the completion of paving for parking facilities and on-site driveways, provided that the zoning administrator finds that the issuance of the temporary certificate will not be detrimental to the public health, safety and welfare and the following requirements are met:

The owner or developer shall have completed a performance agreement guaranteeing the completion of the improvements within a period of six (6) months from the issuance of the temporary permit and shall have provided security in the form of a cash or surety bond or letter of credit approved by the County Attorney as to form and approved by the zoning administrator as to content.
The development shall meet all requirements of the Hanover County Code, including the zoning and subdivision ordinances, and all required improvements other than paving or landscaping shall be complete.

(g) The zoning administrator may issue temporary certificates of occupancy for commercial and industrial buildings and uses prior to the completion of water facilities to provide required public water service to the subdivision in which the building or use is located, provided that the zoning administrator finds that the issuance of the temporary certificate will not be detrimental to the public health, safety, and welfare and the following requirements are met:

The contract for construction of the water facilities by which service will be provided to the subdivision in which the building(s) or use(s) is located shall have been awarded prior to the date of issuance of the temporary certificate of occupancy, and temporary water service to the building(s) or use(s) shall be provided and shall be approved by the Health Department.
The development shall meet all requirements of the Hanover County Code, including the zoning and subdivision ordinances, and all required improvements shall be complete, including facilities within the subdivision which are necessary for connection to the public water system and service within the subdivision.
The temporary certificate of occupancy shall be effective until the water facilities are complete.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-346. - Authority of zoning administrator to enforce provisions of Zoning Ordinance.#

In case any building is erected, constructed, reconstructed, altered, repaired, or converted or any building or land used in violation of this Ordinance, the zoning administrator is authorized and directed to institute any appropriate action to put an end to such violation.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-347. - Violation of provision of Zoning Ordinance; notice of violation.#

(a) Any person, whether the owner, lessee, principal, agent, employee or otherwise, who violates or fails to comply with any of the provisions or requirements of this zoning chapter including, but not limited to, provisions of the district regulations, proffers accepted by the board, or conditions of approval imposed by the board, or the improvement, development or alteration of any site in violation of any plan approved pursuant to this article, shall be subject to the following:

(1) A civil penalty, as provided for in section 26-348; or

(2) Criminal penalties, as provided for in section 26-349, when:

a. The amount of civil penalties for a series of violations arising from the same set of operative facts exceeds five thousand dollars ($5,000.00), or

b. A violation results in injury to any person.

(b) If the zoning administrator determines that a violation of the zoning chapter has occurred, a notice of violation shall be issued to a person or entity responsible for such violation; provided that a notice of violation shall not be required when the zoning administrator or his designee issue a ticket as set forth in section 26-348. A notice of violation shall include the following information:

(1) the date of the notice;

(2) the basis for the decision;

(3) a statement informing the recipient that the decision may be appealed to the board of zoning appeals within applicable appeal period and that the decision shall be final and unappealable if it is not timely appealed; and

(4) The time within which the violation shall be abated.

The notice shall be either hand delivered, posted on the door of a building on the site, or mailed by regular or certified mail, provided that notice to the property owner, sent by certified mail to, or posted at, the last known address of the property owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall satisfy the notice requirements of this section. In addition, if the notice of violation is issued to a person other than the property owner, a copy of the notice shall also be sent to the owner of the property.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-11, § 1, 11-10-15)

Section 26-348. - Civil penalties.#

(a) Any person who violates or fails to comply with any of the provisions or requirements of the Zoning Ordinance as described in section 26-347 shall be subject to a civil penalty of two hundred dollars ($200.00) for the initial summons or ticket§, and a civil penalty of five hundred dollars ($500.00) for each additional summons or ticket§ arising from the same set of operative facts.

(b) Proceedings seeking civil penalties for all violations of the Zoning Ordinance shall commence either by the filing of a civil summons in the general district court or by issuance of a ticket by the zoning administrator or his designee. A ticket shall only be issued when, in the judgment of the zoning administrator or his designee, the violation can be corrected immediately and the violator has failed to do so after being given a reasonable opportunity to do so.

(c) Each day during which any violation exists shall constitute a separate offense. However, in no event shall any such violation arising from the same set of operative fact be charged more frequently than once in any ten-day period, nor shall a series of such violations arising from the same set of operative facts result in civil penalties which exceed a total of five thousand dollars ($5,000.00).

(d) The designation of a particular violation of this section as a violation punishable by a civil penalty shall be in lieu of criminal sanctions and except for any violation resulting in injury to any person or persons or where the amount of civil penalties for a series of violations arising from the same set of operative facts has exceeded five thousand dollars ($5,000.00); such designation shall preclude the prosecution of a violation as a criminal misdemeanor.

(e) A civil summons or ticket issued shall contain the following information:

The name and address of the person charged.
The nature of the violation and the section provision(s) being violated.
The location, date and time that the infraction occurred or was observed.
The amount of the civil penalty assessed for the violation.
The manner, location and time in which the civil penalty may be paid to the county.
The right of the recipient of a civil summons to elect to stand trial for the violation, and either the date scheduled for such trial or the date for scheduling of such trial by the court.

(f) The summons or ticket shall provide that any person summoned for a violation may elect to pay the civil penalty by making an appearance in person or in writing by mail to the county treasurer's office at least seventy-two (72) hours prior to the time and date fixed for trial and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such summons shall provide that a signature to an admission of liability shall have the same force and effect as a judgment of court; however, an admission shall not be deemed a criminal conviction for any purpose.

(g) If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. A finding of liability shall not be deemed a criminal conviction for any purpose.

(h) The total civil penalties from a series of violations arising from the same set of operative facts shall not exceed five thousand dollars ($5,000.00). After the civil penalties reach the five thousand dollar ($5,000.00) limit, the violation may be prosecuted as a criminal misdemeanor under section 26-349.

(i) If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation in order to comply with the zoning chapter. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six (6) months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense.

(j) Civil penalties are in lieu of criminal penalties. A violation enforced under this section and section 26-347 shall be in lieu of any criminal penalty except as provided in section 26-347(a)(2) and, except for any violation resulting in injury to any person, such a designation shall preclude the prosecution of the particular violation as a criminal misdemeanor. The remedies provided for in this section are otherwise cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(k) This section shall not be construed to allow the imposition of civil penalties for:

Activities related to land development where, for the purposes of this section, the term "land development" means a human-made change to, or construction on, the land surface including, but not limited to, land disturbing activity within the meaning of chapter 10 of the Hanover County Code or the construction of buildings, structures or improvements under an approved site plan or subdivision plat, but does not mean the land development project's compliance with this chapter; and
The violation of any provision of the Hanover County Code relating to the posting of signs on public property or public rights-of-way.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-11, § 2, 11-10-15)

Section 26-349. - Criminal penalties.#

Any person who violates or fails to comply with any of the provisions or requirements of the zoning chapter as set described in section 26-347 and:

The violation or failure to comply results in injury to any person, or
The violation or failure to comply occurs after the five thousand dollar ($5,000.00) maximum aggregate civil penalty provided in section 26-347 has been reached,

shall have committed a misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). If the violation is uncorrected at the time of conviction, the court shall order the person convicted to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate such violation within the time period established by the court shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such failure during any succeeding ten (10) day period shall constitute a separate misdemeanor offense for each ten (10) day period, punishable by a fine of not less than one hundred dollars ($100.00) nor more than one thousand five hundred dollars ($1,500.00).

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-11, § 3, 11-10-15)

ARTICLE 1 - General Provisions#

ARTICLE 2 - General District Provisions.#

ARTICLE 3 - District Regulations.#

ARTICLE 4 - Overlay Districts#

ARTICLE 5 - Site Design Regulations.#

ARTICLE 6 - Administration and Enforcement.#

DIVISION 1. - Procedural requirements; Amendments to Zoning Ordinance and Zoning Map.#

Section 26-302. - Initiation of amendments.#

Section 26-303. - Report from Planning Commission.#

ARTICLE 6 - Administration and Enforcement#

DIVISION 1. - Generally#

Section 26-302. - Initiation of amendments.#

(b) A petition of the owner, contract purchaser or the owner's attorney in fact shall be filed on forms prescribed by the Director and shall include information required by the Director.

(c) An applicant shall be required to pay all required fees in a timely manner, and an application shall not be considered complete until such fees have been paid.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-303. - Report from Planning Commission.#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-304. - Notice and Hearings.#

The following procedures shall be followed in the consideration of any proposed amendment:

The Planning Commission shall hold a public hearing on any proposed amendment, before submitting its report to the Board.
Notice of public hearings before the Commission shall comply with the requirements of state law. In addition, the Commission shall cause a notice to be posted conspicuously on the property in accordance with the rules of the Commission indicating how the public may learn more about the proposed amendment, and a certificate of posting shall become a part of the record of the hearing. The published and posted notices shall contain reference to the place or places within the County where the plans, ordinances, or amendments may be examined.
Before approving any proposed change or amendment, the Board shall hold a public hearing thereon.
Notice of the public hearing before the Board shall comply with the requirements of state law.
The Planning Commission and the Board may hold a joint public hearing after the required public notice. If a joint hearing is held, then public notice as set forth above need be given only by the Board.
Except upon application of a property owner or his agent, when a proposed amendment involves a change in zoning classification of twenty-five (25) or less parcels of land, then, in addition to the advertising as above required, written notice shall be given at least five (5) days before the hearing to the owner or owners, their agent or occupant, of each parcel involved, and to the owners, their agent or the occupant, of all abutting property and property immediately across the street or road from the property affected. Notice sent by first class mail to the last known address of such owner, as shown on the current real estate tax assessment books, together with an affidavit verifying that the mailings have been sent, shall be deemed adequate compliance with this requirement.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 24-10, § 1, 8-28-24)

Section 26-305. - Notice to adjacent jurisdictions.#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-306. - Applicant may submit proposed proffers.#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-307. - Procedure for submission and acceptance of proffers.#

The submission and acceptance of proffered conditions shall be in accordance with the following procedures:

The exclusion of a use that would otherwise be permitted by the zoning district regulations,
An increase in the buffer, screening, landscaping or parking requirements for the proposed use,
Enhanced on-site or off-site traffic control or road improvements,
Enhanced protection from the impact of lighting from the proposed use on other properties in the vicinity,
Enhanced architectural, or aesthetic design controls and
Greater limits on the hours of operation for the proposed use.

(d) Proffered site plans, architectural elevations, and other graphic representations shall accompany the proffer statement and shall be clearly identified in the text of the proffers.

(j) Applications for the amendment or deletion of proffered conditions previously accepted by the Board shall be considered through the same process as any other request for a zoning map amendment.

(k) The provisions of this section shall be administered and interpreted in accordance with Virginia Code § 15.2-2298.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-308. - Information required on conceptual plans.#

For conceptual plans that are required by the district regulations, the applicant shall submit a conceptual plan, and revisions to a conceptual plan, in accordance with the following procedures:

If the Director finds that any additions, deletions or modifications are necessary for a required conceptual plan that was submitted with an application, the applicant shall submit a revised plan no less than twenty-one (21) calendar days prior to the public hearing on the application before the Planning Commission.
After the public hearing before the Planning Commission, the applicant shall submit a revised conceptual plan, if any, no later than twenty-one (21) days prior to the public hearing on the application before the Board.
No conceptual plan that is required by the district regulations shall be considered at a public hearing before the Planning Commission or Board on an application unless the submission of the plan, or revisions to the plan, complies with the provisions of this section.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-309. - Revision after hearing.#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-310. - One year limitation for reconsideration.#

(a) No application for a rezoning or for an amendment to the text of this Zoning Ordinance which has been denied by the Board shall be resubmitted for a period of one (1) year from the date of the denial, except as provided in subsection (b) below.

(b) The Board may reconsider a denied application within one (1) year if it finds that there has been a substantial change in circumstances or that the applicant has submitted a substantially different proposal. A request for reconsideration shall be made in writing to the Director and shall state the grounds for the request.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-311. - Payment of filing fees.#

(a) Every application for an amendment to the Zoning Ordinance or for a rezoning shall be accompanied by a filing fee in the amount established by the Board. The fee shall be paid at the time the application is submitted and shall not be refundable except as provided in section 26-312.

(b) The filing fee shall be in addition to any other fees required by this Zoning Ordinance or by other ordinances of the County.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-312. - Refund of fees.#

(a) If an application for a rezoning or text amendment is withdrawn by the applicant prior to the first public hearing before the Planning Commission, the applicant shall be entitled to a refund of fifty (50) percent of the filing fee.

(b) No refund shall be made if the application is withdrawn after the first public hearing before the Planning Commission has been held.

(c) The Director may waive the filing fee or any portion thereof in cases of hardship or where the application is filed by a governmental entity.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-313. - Additional fees for readvertisement.#

If an application is continued or deferred and requires additional public notice or advertisement, the applicant shall pay an additional fee in an amount established by the Board to cover the costs of such additional notice or advertisement.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-314. - Certain entities exempt from payment of filing fees.#

The following entities shall be exempt from the payment of filing fees required by this division:

(a) The County of Hanover;

(b) Any other governmental entity, including but not limited to the Commonwealth of Virginia, any agency or political subdivision thereof, and any public authority;

(c) Any nonprofit corporation or organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and that is organized for the purpose of providing affordable housing, community development, or similar public purposes.

(Ord. No. 12-08, § 3, 1-9-13)

DIVISION 2. - Site Plans#

Section 26-315. - Purpose.#

The purpose of this division is to establish procedures and requirements for the review and approval of site plans to ensure that development is in compliance with the provisions of this Zoning Ordinance, the Comprehensive Plan, and other applicable ordinances and regulations of the County.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-316. - Agent for site plan approval.#

The Director, or the Director's designee, shall serve as the agent for the County for the review and approval of site plans. The Director may refer any site plan to the Planning Commission for review and recommendation, or to any other county agency or department for review and comment, as the Director deems appropriate.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-317. - Uses and activities which require a site plan.#

(a) A site plan shall be required for the following uses and activities:

Any new principal building or structure;
Any addition to an existing principal building or structure that increases the gross floor area by more than five hundred (500) square feet;
Any change in use of a building or structure that results in a change in the parking or loading requirements, or that involves a use that is subject to additional standards or conditions§;
Any new parking lot or expansion of an existing parking lot by more than five (5) spaces§;
Any new sign or sign structure, except as otherwise provided in this Zoning Ordinance§;
Any land disturbing activity that requires a grading permit or erosion and sediment control plan;
Any other use or activity for which a site plan is specifically required by the provisions of this Zoning Ordinance.

(b) The Director may waive the requirement for a site plan where the proposed use or activity is minor in nature and will not have a significant impact on surrounding properties or on the public health, safety, or welfare.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-318. - Review and approval procedures.#

(a) An application for site plan approval shall be submitted on forms prescribed by the Director and shall be accompanied by the required fee and by the information required by section 26-319.

(b) The Director shall review the site plan for compliance with the provisions of this Zoning Ordinance, the Comprehensive Plan, and all other applicable ordinances and regulations of the County.

(d) If the site plan is denied, the Director shall provide the applicant with a written statement of the reasons for the denial and the specific changes that would be required for approval.

(e) An approved site plan shall be valid for a period of two (2) years from the date of approval. If development has not commenced within that period, the site plan approval shall expire, and a new application shall be required.

(f) The Director may extend the validity of an approved site plan for one (1) additional year upon written request of the applicant, if the Director finds that there have been no substantial changes in the applicable regulations or in the circumstances of the property.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-319. - Information required on site plans.#

Site plans shall be prepared by a professional engineer, land surveyor, landscape architect, or architect licensed in the Commonwealth of Virginia, and shall include the following information:

The name, address, and telephone number of the applicant and the property owner;
The name, address, and telephone number of the person who prepared the plan;
The date of the plan and any revisions;
A north arrow and scale;
The location of the property, including the tax map reference number and the street address, if any;
The boundaries of the property and the dimensions of all lot lines;
The location and dimensions of all existing and proposed buildings and structures, including setbacks from lot lines;
The location and dimensions of all existing and proposed parking areas, loading areas, driveways, and other vehicular use areas;
The location and dimensions of all existing and proposed sidewalks, walkways, and other pedestrian facilities;
The location of all existing and proposed utilities, including water, sewer, gas, electric, and communications lines;
The location of all existing and proposed stormwater management facilities;
The location of all existing and proposed landscaping, buffers, and screening;
The location of all existing and proposed signs;
The location of all existing and proposed lighting fixtures;
The location of all existing and proposed refuse collection areas;
The location of all existing and proposed fire lanes and emergency access routes;
The location of all existing and proposed easements and rights-of-way;
The location of all existing and proposed fences and walls;
The location of all existing and proposed outdoor storage areas;
The location of all existing and proposed outdoor display areas;
The location of all existing and proposed outdoor dining areas;
The location of all existing and proposed accessory structures;
The location of all existing and proposed dumpsters and other waste receptacles;
The location of all existing and proposed transformers, generators, and other mechanical equipment;
The location of all existing and proposed roof-mounted equipment;
The location of all existing and proposed satellite dishes and antennas;
The location of all existing and proposed solar panels;
The location of all existing and proposed water features;
The location of all existing and proposed recreational facilities;
The location of all existing and proposed open space areas;
The location of all existing and proposed conservation areas;
The location of all existing and proposed floodplain areas;
The location of all existing and proposed steep slopes;
The location of all existing and proposed wetlands;
The location of all existing and proposed streams and watercourses;
The location of all existing and proposed trees and vegetation;
The location of all existing and proposed fences and walls;
The location of all existing and proposed retaining walls;
The location of all existing and proposed steps and stairs;
The location of all existing and proposed ramps;
The location of all existing and proposed elevators and lifts;
The location of all existing and proposed fire escapes;
The location of all existing and proposed exterior stairways;
The location of all existing and proposed balconies and decks;
The location of all existing and proposed porches and patios;
The location of all existing and proposed carports and garages;
The location of all existing and proposed sheds and other storage buildings;
The location of all existing and proposed greenhouses;
The location of all existing and proposed swimming pools and hot tubs;
The location of all existing and proposed tennis courts and other recreational courts;
The location of all existing and proposed playgrounds and play equipment;
The location of all existing and proposed dog parks and pet exercise areas;
The location of all existing and proposed community gardens;
The location of all existing and proposed farmers markets;
The location of all existing and proposed food trucks and other mobile vendors;
The location of all existing and proposed outdoor markets;
The location of all existing and proposed outdoor seating areas;
The location of all existing and proposed outdoor display areas;
The location of all existing and proposed outdoor storage areas;
The location of all existing and proposed outdoor work areas;
The location of all existing and proposed outdoor manufacturing areas;
The location of all existing and proposed outdoor processing areas;
The location of all existing and proposed outdoor assembly areas;
The location of all existing and proposed outdoor event areas;
The location of all existing and proposed outdoor performance areas;
The location of all existing and proposed outdoor dining areas;
The location of all existing and proposed outdoor recreation areas;
The location of all existing and proposed outdoor exercise areas;
The location of all existing and proposed outdoor fitness areas;
The location of all existing and proposed outdoor yoga areas;
The location of all existing and proposed outdoor meditation areas;
The location of all existing and proposed outdoor gathering areas;
The location of all existing and proposed outdoor meeting areas;
The location of all existing and proposed outdoor classroom areas;
The location of all existing and proposed outdoor laboratory areas;
The location of all existing and proposed outdoor research areas;
The location of all existing and proposed outdoor testing areas;
The location of all existing and proposed outdoor storage areas;
The location of all existing and proposed outdoor parking areas;
The location of all existing and proposed outdoor loading areas;
The location of all existing and proposed outdoor unloading areas;
The location of all existing and proposed outdoor delivery areas;
The location of all existing and proposed outdoor service areas;
The location of all existing and proposed outdoor maintenance areas;
The location of all existing and proposed outdoor repair areas;
The location of all existing and proposed outdoor cleaning areas;
The location of all existing and proposed outdoor washing areas;
The location of all existing and proposed outdoor painting areas;
The location of all existing and proposed outdoor finishing areas;
The location of all existing and proposed outdoor coating areas;
The location of all existing and proposed outdoor sealing areas;
The location of all existing and proposed outdoor waterproofing areas;
The location of all existing and proposed outdoor insulating areas;
The location of all existing and proposed outdoor roofing areas;
The location of all existing and proposed outdoor siding areas;
The location of all existing and proposed outdoor glazing areas;
The location of all existing and proposed outdoor framing areas;
The location of all existing and proposed outdoor masonry areas;
The location of all existing and proposed outdoor concrete areas;
The location of all existing and proposed outdoor asphalt areas;
The location of all existing and proposed outdoor paving areas;
The location of all existing and proposed outdoor surfacing areas;
The location of all existing and proposed outdoor grading areas;
The location of all existing and proposed outdoor excavation areas;
The location of all existing and proposed outdoor filling areas;
The location of all existing and proposed outdoor compaction areas;
The location of all existing and proposed outdoor demolition areas;
The location of all existing and proposed outdoor construction areas;
The location of all existing and proposed outdoor renovation areas;
The location of all existing and proposed outdoor remodeling areas;
The location of all existing and proposed outdoor restoration areas;
The location of all existing and proposed outdoor rehabilitation areas;
The location of all existing and proposed outdoor preservation areas;
The location of all existing and proposed outdoor conservation areas;
The location of all existing and proposed outdoor protection areas;
The location of all existing and proposed outdoor enhancement areas;
The location of all existing and proposed outdoor improvement areas;
The location of all existing and proposed outdoor development areas;
The location of all existing and proposed outdoor expansion areas;
The location of all existing and proposed outdoor addition areas;
The location of all existing and proposed outdoor alteration areas;
The location of all existing and proposed outdoor modification areas;
The location of all existing and proposed outdoor change areas;
The location of all existing and proposed outdoor conversion areas;
The location of all existing and proposed outdoor adaptation areas;
The location of all existing and proposed outdoor transformation areas;
The location of all existing and proposed outdoor transition areas;
The location of all existing and proposed outdoor migration areas;
The location of all existing and proposed outdoor relocation areas;
The location of all existing and proposed outdoor transportation areas;
The location of all existing and proposed outdoor circulation areas;
The location of all existing and proposed outdoor access areas;
The location of all existing and proposed outdoor egress areas;
The location of all existing and proposed outdoor ingress areas;
The location of all existing and proposed outdoor exit areas;
The location of all existing and proposed outdoor entrance areas;
The location of all existing and proposed outdoor gateway areas;
The location of all existing and proposed outdoor portal areas;
The location of all existing and proposed outdoor threshold areas;
The location of all existing and proposed outdoor boundary areas;
The location of all existing and proposed outdoor edge areas;
The location of all existing and proposed outdoor perimeter areas;
The location of all existing and proposed outdoor buffer areas;
The location of all existing and proposed outdoor transition areas;
The location of all existing and proposed outdoor setback areas;
The location of all existing and proposed outdoor yard areas;
The location of all existing and proposed outdoor lot areas;
The location of all existing and proposed outdoor parcel areas;
The location of all existing and proposed outdoor tract areas;
The location of all existing and proposed outdoor site areas;
The location of all existing and proposed outdoor property areas;
The location of all existing and proposed outdoor land areas;
The location of all existing and proposed outdoor ground areas;
The location of all existing and proposed outdoor surface areas;
The location of all existing and proposed outdoor underground areas;
The location of all existing and proposed outdoor aboveground areas;
The location of all existing and proposed outdoor elevated areas;
The location of all existing and proposed outdoor suspended areas;
The location of all existing and proposed outdoor mounted areas;
The location of all existing and proposed outdoor attached areas;
The location of all existing and proposed outdoor detached areas;
The location of all existing and proposed outdoor separate areas;
The location of all existing and proposed outdoor distinct areas;
The location of all existing and proposed outdoor unique areas;
The location of all existing and proposed outdoor special areas;
The location of all existing and proposed outdoor general areas;
The location of all existing and proposed outdoor specific areas;
The location of all existing and proposed outdoor particular areas;
The location of all existing and proposed outdoor individual areas;
The location of all existing and proposed outdoor private areas;
The location of all existing and proposed outdoor public areas;
The location of all existing and proposed outdoor common areas;
The location of all existing and proposed outdoor shared areas;
The location of all existing and proposed outdoor joint areas;
The location of all existing and proposed outdoor collective areas;
The location of all existing and proposed outdoor community areas;
The location of all existing and proposed outdoor neighborhood areas;
The location of all existing and proposed outdoor district areas;
The location of all existing and proposed outdoor regional areas;
The location of all existing and proposed outdoor county areas;
The location of all existing and proposed outdoor state areas;
The location of all existing and proposed outdoor federal areas;
The location of all existing and proposed outdoor national areas;
The location of all existing and proposed outdoor international areas;
The location of all existing and proposed outdoor global areas;
The location of all existing and proposed outdoor universal areas;
The location of all existing and proposed outdoor total areas;
The location of all existing and proposed outdoor entire areas;
The location of all existing and proposed outdoor whole areas;
The location of all existing and proposed outdoor complete areas;
The location of all existing and proposed outdoor full areas;
The location of all existing and proposed outdoor partial areas;
The location of all existing and proposed outdoor limited areas;
The location of all existing and proposed outdoor restricted areas;
The location of all existing and proposed outdoor controlled areas;
The location of all existing and proposed outdoor regulated areas;
The location of all existing and proposed outdoor managed areas;
The location of all existing and proposed outdoor maintained areas;
The location of all existing and proposed outdoor operated areas;
The location of all existing and proposed outdoor used areas;
The location of all existing and proposed outdoor occupied areas;
The location of all existing and proposed outdoor inhabited areas;
The location of all existing and proposed outdoor populated areas;
The location of all existing and proposed outdoor developed areas;
The location of all existing and proposed outdoor built areas;
The location of all existing and proposed outdoor constructed areas;
The location of all existing and proposed outdoor erected areas;
The location of all existing and proposed outdoor assembled areas;
The location of all existing and proposed outdoor fabricated areas;
The location of all existing and proposed outdoor manufactured areas;
The location of all existing and proposed outdoor produced areas;
The location of all existing and proposed outdoor created areas;
The location of all existing and proposed outdoor established areas;
The location of all existing and proposed outdoor formed areas;
The location of all existing and proposed outdoor shaped areas;
The location of all existing and proposed outdoor designed areas;
The location of all existing and proposed outdoor planned areas;
The location of all existing and proposed outdoor organized areas;
The location of all existing and proposed outdoor arranged areas;
The location of all existing and proposed outdoor structured areas;
The location of all existing and proposed outdoor systematic areas;
The location of all existing and proposed outdoor methodical areas;
The location of all existing and proposed outdoor orderly areas;
The location of all existing and proposed outdoor efficient areas;
The location of all existing and proposed outdoor effective areas;
The location of all existing and proposed outdoor productive areas;
The location of all existing and proposed outdoor functional areas;
The location of all existing and proposed outdoor operational areas;
The location of all existing and proposed outdoor working areas;
The location of all existing and proposed outdoor active areas;
The location of all existing and proposed outdoor dynamic areas;
The location of all existing and proposed outdoor vibrant areas;
The location of all existing and proposed outdoor lively areas;
The location of all existing and proposed outdoor busy areas;
The location of all existing and proposed outdoor bustling areas;
The location of all existing and proposed outdoor crowded areas;
The location of all existing and proposed outdoor congested areas;
The location of all existing and proposed outdoor dense areas;
The location of all existing and proposed outdoor compact areas;
The location of all existing and proposed outdoor concentrated areas;
The location of all existing and proposed outdoor intense areas;
The location of all existing and proposed outdoor heavy areas;
The location of all existing and proposed outdoor light areas;
The location of all existing and proposed outdoor moderate areas;
The location of all existing and proposed outdoor mild areas;
The location of all existing and proposed outdoor gentle areas;
The location of all existing and proposed outdoor soft areas;
The location of all existing and proposed outdoor quiet areas;
The location of all existing and proposed outdoor peaceful areas;
The location of all existing and proposed outdoor calm areas;
The location of all existing and proposed outdoor serene areas;
The location of all existing and proposed outdoor tranquil areas;
The location of all existing and proposed outdoor restful areas;
The location of all existing and proposed outdoor relaxing areas;
The location of all existing and proposed outdoor soothing areas;
The location of all existing and proposed outdoor comfortable areas;
The location of all existing and proposed outdoor pleasant areas;
The location of all existing and proposed outdoor enjoyable areas;
The location of all existing and proposed outdoor delightful areas;
The location of all existing and proposed outdoor wonderful areas;
The location of all existing and proposed outdoor beautiful areas;
The location of all existing and proposed outdoor attractive areas;
The location of all existing and proposed outdoor appealing areas;
The location of all existing and proposed outdoor charming areas;
The location of all existing and proposed outdoor lovely areas;
The location of all existing and proposed outdoor nice areas;
The location of all existing and proposed outdoor fine areas;
The location of all existing and proposed outdoor good areas;
The location of all existing and proposed outdoor great areas;
The location of all existing and proposed outdoor excellent areas;
The location of all existing and proposed outdoor outstanding areas;
The location of all existing and proposed outdoor exceptional areas;
The location of all existing and proposed outdoor remarkable areas;
The location of all existing and proposed outdoor notable areas;
The location of all existing and proposed outdoor significant areas;
The location of all existing and proposed outdoor important areas;
The location of all existing and proposed outdoor major areas;
The location of all existing and proposed outdoor minor areas;
The location of all existing and proposed outdoor small areas;
The location of all existing and proposed outdoor large areas;
The location of all existing and proposed outdoor huge areas;
The location of all existing and proposed outdoor massive areas;
The location of all existing and proposed outdoor enormous areas;
The location of all existing and proposed outdoor giant areas;
The location of all existing and proposed outdoor vast areas;
The location of all existing and proposed outdoor extensive areas;
The location of all existing and proposed outdoor broad areas;
The location of all existing and proposed outdoor wide areas;
The location of all existing and proposed outdoor expansive areas;
The location of all existing and proposed outdoor spacious areas;
The location of all existing and proposed outdoor roomy areas;
The location of all existing and proposed outdoor generous areas;
The location of all existing and proposed outdoor ample areas;
The location of all existing and proposed outdoor abundant areas;
The location of all existing and proposed outdoor plentiful areas;
The location of all existing and proposed outdoor rich areas;
The location of all existing and proposed outdoor fertile areas;
The location of all existing and proposed outdoor productive areas;
The location of all existing and proposed outdoor fruitful areas;
The location of all existing and proposed outdoor profitable areas;
The location of all existing and proposed outdoor beneficial areas;
The location of all existing and proposed outdoor advantageous areas;
The location of all existing and proposed outdoor valuable areas;
The location of all existing and proposed outdoor useful areas;
The location of all existing and proposed outdoor helpful areas;
The location of all existing and proposed outdoor practical areas;
The location of all existing and proposed outdoor sensible areas;
The location of all existing and proposed outdoor reasonable areas;
The location of all existing and proposed outdoor logical areas;
The location of all existing and proposed outdoor rational areas;
The location of all existing and proposed outdoor sound areas;
The location of all existing and proposed outdoor solid areas;
The location of all existing and proposed outdoor strong areas;
The location of all existing and proposed outdoor sturdy areas;
The location of all existing and proposed outdoor durable areas;
The location of all existing and proposed outdoor lasting areas;
The location of all existing and proposed outdoor enduring areas;
The location of all existing and proposed outdoor permanent areas;
The location of all existing and proposed outdoor temporary areas;
The location of all existing and proposed outdoor seasonal areas;
The location of all existing and proposed outdoor annual areas;
The location of all existing and proposed outdoor monthly areas;
The location of all existing and proposed outdoor weekly areas;
The location of all existing and proposed outdoor daily areas;
The location of all existing and proposed outdoor hourly areas;
The location of all existing and proposed outdoor continuous areas;
The location of all existing and proposed outdoor intermittent areas;
The location of all existing and proposed outdoor occasional areas;
The location of all existing and proposed outdoor frequent areas;
The location of all existing and proposed outdoor regular areas;
The location of all existing and proposed outdoor constant areas;
The location of all existing and proposed outdoor steady areas;
The location of all existing and proposed outdoor stable areas;
The location of all existing and proposed outdoor secure areas;
The location of all existing and proposed outdoor safe areas;
The location of all existing and proposed outdoor protected areas;
The location of all existing and proposed outdoor guarded areas;
The location of all existing and proposed outdoor defended areas;
The location of all existing and proposed outdoor sheltered areas;
The location of all existing and proposed outdoor covered areas;
The location of all existing and proposed outdoor enclosed areas;
The location of all existing and proposed outdoor fenced areas;
The location of all existing and proposed outdoor gated areas;
The location of all existing and proposed outdoor locked areas;
The location of all existing and proposed outdoor secured areas;
The location of all existing and proposed outdoor monitored areas;
The location of all existing and proposed outdoor supervised areas;
The location of all existing and proposed outdoor inspected areas;
The location of all existing and proposed outdoor checked areas;
The location of all existing and proposed outdoor verified areas;
The location of all existing and proposed outdoor confirmed areas;
The location of all existing and proposed outdoor validated areas;
The location of all existing and proposed outdoor certified areas;
The location of all existing and proposed outdoor approved areas;
The location of all existing and proposed outdoor authorized areas;
The location of all existing and proposed outdoor permitted areas;
The location of all existing and proposed outdoor licensed areas;
The location of all existing and proposed outdoor registered areas;
The location of all existing and proposed outdoor recorded areas;
The location of all existing and proposed outdoor documented areas;
The location of all existing and proposed outdoor filed areas;
The location of all existing and proposed outdoor submitted areas;
The location of all existing and proposed outdoor presented areas;
The location of all existing and proposed outdoor exhibited areas;
The location of all existing and proposed outdoor displayed areas;
The location of all existing and proposed outdoor shown areas;
The location of all existing and proposed outdoor demonstrated areas;
The location of all existing and proposed outdoor illustrated areas;
The location of all existing and proposed outdoor depicted areas;
The location of all existing and proposed outdoor described areas;
The location of all existing and proposed outdoor explained areas;
The location of all existing and proposed outdoor defined areas;
The location of all existing and proposed outdoor specified areas;
The location of all existing and proposed outdoor detailed areas;
The location of all existing and proposed outdoor particularized areas;
The location of all existing and proposed outdoor itemized areas;
The location of all existing and proposed outdoor enumerated areas;
The location of all existing and proposed outdoor listed areas;
The location of all existing and proposed outdoor cataloged areas;
The location of all existing and proposed outdoor indexed areas;
The location of all existing and proposed outdoor classified areas;
The location of all existing and proposed outdoor categorized areas;
The location of all existing and proposed outdoor organized areas;
The location of all existing and proposed outdoor arranged areas;
The location of all existing and proposed outdoor sorted areas;
The location of all existing and proposed outdoor grouped areas;
The location of all existing and proposed outdoor clustered areas;
The location of all existing and proposed outdoor collected areas;
The location of all existing and proposed outdoor gathered areas;
The location of all existing and proposed outdoor assembled areas;
The location of all existing and proposed outdoor combined areas;
The location of all existing and proposed outdoor merged areas;
The location of all existing and proposed outdoor unified areas;
The location of all existing and proposed outdoor integrated areas;
The location of all existing and proposed outdoor consolidated areas;
The location of all existing and proposed outdoor coordinated areas;
The location of all existing and proposed outdoor cooperated areas;
The location of all existing and proposed outdoor collaborated areas;
The location of all existing and proposed outdoor partnered areas;
The location of all existing and proposed outdoor associated areas;
The location of all existing and proposed outdoor affiliated areas;
The location of all existing and proposed outdoor connected areas;
The location of all existing and proposed outdoor linked areas;
The location of all existing and proposed outdoor related areas;
The location of all existing and proposed outdoor relevant areas;
The location of all existing and proposed outdoor pertinent areas;
The location of all existing and proposed outdoor applicable areas;
The location of all existing and proposed outdoor appropriate areas;
The location of all existing and proposed outdoor suitable areas;
The location of all existing and proposed outdoor fitting areas;
The location of all existing and proposed outdoor proper areas;
The location of all existing and proposed outdoor correct areas;
The location of all existing and proposed outdoor accurate areas;
The location of all existing and proposed outdoor precise areas;
The location of all existing and proposed outdoor exact areas;
The location of all existing and proposed outdoor specific areas;
The location of all existing and proposed outdoor particular areas;
The location of all existing and proposed outdoor individual areas;
The location of all existing and proposed outdoor separate areas;
The location of all existing and proposed outdoor distinct areas;
The location of all existing and proposed outdoor different areas;
The location of all existing and proposed outdoor various areas;
The location of all existing and proposed outdoor diverse areas;
The location of all existing and proposed outdoor multiple areas;
The location of all existing and proposed outdoor numerous areas;
The location of all existing and proposed outdoor several areas;
The location of all existing and proposed outdoor many areas;
The location of all existing and proposed outdoor various areas;
The location of all existing and proposed outdoor assorted areas;
The location of all existing and proposed outdoor miscellaneous areas;
The location of all existing and proposed outdoor mixed areas;
The location of all existing and proposed outdoor varied areas;
The location of all existing and proposed outdoor changing areas;
The location of all existing and proposed outdoor evolving areas;
The location of all existing and proposed outdoor developing areas;
The location of all existing and proposed outdoor growing areas;
The location of all existing and proposed outdoor expanding areas;
The location of all existing and proposed outdoor increasing areas;
The location of all existing and proposed outdoor decreasing areas;
The location of all existing and proposed outdoor reducing areas;
The location of all existing and proposed outdoor diminishing areas;
The location of all existing and proposed outdoor shrinking areas;
The location of all existing and proposed outdoor contracting areas;
The location of all existing and proposed outdoor expanding areas;
The location of all existing and proposed outdoor extending areas;
The location of all existing and proposed outdoor enlarging areas;
The location of all existing and proposed outdoor widening areas;
The location of all existing and proposed outdoor deepening areas;
The location of all existing and proposed outdoor heightening areas;
The location of all existing and proposed outdoor raising areas;
The location of all existing and proposed outdoor lowering areas;
The location of all existing and proposed outdoor dropping areas;
The location of all existing and proposed outdoor falling areas;
The location of all existing and proposed outdoor rising areas;
The location of all existing and proposed outdoor climbing areas;
The location of all existing and proposed outdoor ascending areas;
The location of all existing and proposed outdoor descending areas;
The location of all existing and proposed outdoor moving areas;
The location of all existing and proposed outdoor shifting areas;
The location of all existing and proposed outdoor transferring areas;
The location of all existing and proposed outdoor transporting areas;
The location of all existing and proposed outdoor carrying areas;
The location of all existing and proposed outdoor conveying areas;
The location of all existing and proposed outdoor delivering areas;
The location of all existing and proposed outdoor shipping areas;
The location of all existing and proposed outdoor receiving areas;
The location of all existing and proposed outdoor sending areas;
The location of all existing and proposed outdoor forwarding areas;
The location of all existing and proposed outdoor transmitting areas;
The location of all existing and proposed outdoor broadcasting areas;
The location of all existing and proposed outdoor communicating areas;
The location of all existing and proposed outdoor connecting areas;
The location of all existing and proposed outdoor linking areas;
The location of all existing and proposed outdoor networking areas;
The location of all existing and proposed outdoor interfacing areas;
The location of all existing and proposed outdoor interacting areas;
The location of all existing and proposed outdoor interconnecting areas;
The location of all existing and proposed outdoor interlinking areas;
The location of all existing and proposed outdoor interrelating areas;
The location of all existing and proposed outdoor interdependent areas;
The location of all existing and proposed outdoor interconnected areas;
The location of all existing and proposed outdoor interrelated areas;
The location of all existing and proposed outdoor associated areas;
The location of all existing and proposed outdoor affiliated areas;
The location of all existing and proposed outdoor allied areas;
The location of all existing and proposed outdoor combined areas;
The location of all existing and proposed outdoor united areas;
The location of all existing and proposed outdoor joined areas;
The location of all existing and proposed outdoor merged areas;
The location of all existing and proposed outdoor fused areas;
The location of all existing and proposed outdoor blended areas;
The location of all existing and proposed outdoor mixed areas;
The location of all existing and proposed outdoor integrated areas;
The location of all existing and proposed outdoor incorporated areas;
The location of all existing and proposed outdoor included areas;
The location of all existing and proposed outdoor contained areas;
The location of all existing and proposed outdoor comprising areas;
The location of all existing and proposed outdoor consisting areas;
The location of all existing and proposed outdoor composed areas;
The location of all existing and proposed outdoor formed areas;
The location of all existing and proposed outdoor shaped areas;
The location of all existing and proposed outdoor structured areas;
The location of all existing and proposed outdoor organized areas;
The location of all existing and proposed outdoor arranged areas;
The location of all existing and proposed outdoor designed areas;
The location of all existing and proposed outdoor planned areas;
The location of all existing and proposed outdoor intended areas;
The location of all existing and proposed outdoor proposed areas;
The location of all existing and proposed outdoor suggested areas;
The location of all existing and proposed outdoor recommended areas;
The location of all existing and proposed outdoor advised areas;
The location of all existing and proposed outdoor counseled areas;
The location of all existing and proposed outdoor guided areas;
The location of all existing and proposed outdoor directed areas;
The location of all existing and proposed outdoor instructed areas;
The location of all existing and proposed outdoor taught areas;
The location of all existing and proposed outdoor educated areas;
The location of all existing and proposed outdoor trained areas;
The location of all existing and proposed outdoor coached areas;
The location of all existing and proposed outdoor mentored areas;
The location of all existing and proposed outdoor supervised areas;
The location of all existing and proposed outdoor managed areas;
The location of all existing and proposed outdoor administered areas;
The location of all existing and proposed outdoor governed areas;
The location of all existing and proposed outdoor controlled areas;
The location of all existing and proposed outdoor regulated areas;
The location of all existing and proposed outdoor supervised areas;
The location of all existing and proposed outdoor monitored areas;
The location of all existing and proposed outdoor observed areas;
The location of all existing and proposed outdoor watched areas;
The location of all existing and proposed outdoor surveyed areas;
The location of all existing and proposed outdoor inspected areas;
The location of all existing and proposed outdoor examined areas;
The location of all existing and proposed outdoor reviewed areas;
The location of all existing and proposed outdoor evaluated areas;
The location of all existing and proposed outdoor assessed areas;
The location of all existing and proposed outdoor appraised areas;
The location of all existing and proposed outdoor valued areas;
The location of all existing and proposed outdoor estimated areas;
The location of all existing and proposed outdoor calculated areas;
The location of all existing and proposed outdoor computed areas;
The location of all existing and proposed outdoor measured areas;
The location of all existing and proposed outdoor quantified areas;
The location of all existing and proposed outdoor qualified areas;
The location of all existing and proposed outdoor characterized areas;
The location of all existing and proposed outdoor described areas;
The location of all existing and proposed outdoor depicted areas;
The location of all existing and proposed outdoor portrayed areas;
The location of all existing and proposed outdoor represented areas;
The location of all existing and proposed outdoor illustrated areas;
The location of all existing and proposed outdoor demonstrated areas;
The location of all existing and proposed outdoor exhibited areas;
The location of all existing and proposed outdoor displayed areas;
The location of all existing and proposed outdoor shown areas;
The location of all existing and proposed outdoor presented areas;
The location of all existing and proposed outdoor introduced areas;
The location of all existing and proposed outdoor announced areas;
The location of all existing and proposed outdoor declared areas;
The location of all existing and proposed outdoor stated areas;
The location of all existing and proposed outdoor expressed areas;
The location of all existing and proposed outdoor communicated areas;
The location of all existing and proposed outdoor conveyed areas;
The location of all existing and proposed outdoor transmitted areas;
The location of all existing and proposed outdoor transferred areas;
The location of all existing and proposed outdoor delivered areas;
The location of all existing and proposed outdoor sent areas;
The location of all existing and proposed outdoor forwarded areas;
The location of all existing and proposed outdoor shipped areas;
The location of all existing and proposed outdoor transported areas;
The location of all existing and proposed outdoor carried areas;
The location of all existing and proposed outdoor brought areas;
The location of all existing and proposed outdoor taken areas;
The location of all existing and proposed outdoor removed areas;
The location of all existing and proposed outdoor eliminated areas;
The location of all existing and proposed outdoor deleted areas;
The location of all existing and proposed outdoor erased areas;
The location of all existing and proposed outdoor removed areas;
The location of all existing and proposed outdoor cleared areas;
The location of all existing and proposed outdoor cleaned areas;
The location of all existing and proposed outdoor washed areas;
The location of all existing and proposed outdoor rinsed areas;
The location of all existing and proposed outdoor flushed areas;
The location of all existing and proposed outdoor drained areas;
The location of all existing and proposed outdoor dried areas;
The location of all existing and proposed outdoor aired areas;
The location of all existing and proposed outdoor ventilated areas;
The location of all existing and proposed outdoor circulated areas;
The location of all existing and proposed outdoor rotated areas;
The location of all existing and proposed outdoor turned areas;
The location of all existing and proposed outdoor spun areas;
The location of all existing and proposed outdoor twisted areas;
The location of all existing and proposed outdoor bent areas;
The location of all existing and proposed outdoor curved areas;
The location of all existing and proposed outdoor angled areas;
The location of all existing and proposed outdoor slanted areas;
The location of all existing and proposed outdoor tilted areas;
The location of all existing and proposed outdoor tipped areas;
The location of all existing and proposed outdoor leaned areas;
The location of all existing and proposed outdoor rested areas;
The location of all existing and proposed outdoor supported areas;
The location of all existing and proposed outdoor held areas;
The location of all existing and proposed outdoor secured areas;
The location of all existing and proposed outdoor fastened areas;
The location of all existing and proposed outdoor attached areas;
The location of all existing and proposed outdoor connected areas;
The location of all existing and proposed outdoor joined areas;
The location of all existing and proposed outdoor linked areas;
The location of all existing and proposed outdoor coupled areas;
The location of all existing and proposed outdoor bonded areas;
The location of all existing and proposed outdoor tied areas;
The location of all existing and proposed outdoor bound areas;
The location of all existing and proposed outdoor wrapped areas;
The location of all existing and proposed outdoor covered areas;
The location of all existing and proposed outdoor coated areas;
The location of all existing and proposed outdoor layered areas;
The location of all existing and proposed outdoor stacked areas;
The location of all existing and proposed outdoor piled areas;
The location of all existing and proposed outdoor heaped areas;
The location of all existing and proposed outdoor gathered areas;
The location of all existing and proposed outdoor collected areas;
The location of all existing and proposed outdoor assembled areas;
The location of all existing and proposed outdoor grouped areas;
The location of all existing and proposed outdoor clustered areas;
The location of all existing and proposed outdoor bunched areas;
The location of all existing and proposed outdoor packed areas;
The location of all existing and proposed outdoor crammed areas;
The location of all existing and proposed outdoor stuffed areas;
The location of all existing and proposed outdoor filled areas;
The location of all existing and proposed outdoor loaded areas;
The location of all existing and proposed outdoor charged areas;
The location of all existing and proposed outdoor powered areas;
The location of all existing and proposed outdoor energized areas;
The location of all existing and proposed outdoor activated areas;
The location of all existing and proposed outdoor triggered areas;
The location of all existing and proposed outdoor initiated areas;
The location of all existing and proposed outdoor started areas;
The location of all existing and proposed outdoor begun areas;
The location of all existing and proposed outdoor commenced areas;
The location of all existing and proposed outdoor launched areas;
The location of all existing and proposed outdoor opened areas;
The location of all existing and proposed outdoor initiated areas;
The location of all existing and proposed outdoor originated areas;
The location of all existing and proposed outdoor created areas;
The location of all existing and proposed outdoor generated areas;
The location of all existing and proposed outdoor produced areas;
The location of all existing and proposed outdoor manufactured areas;
The location of all existing and proposed outdoor fabricated areas;
The location of all existing and proposed outdoor constructed areas;
The location of all existing and proposed outdoor built areas;
The location of all existing and proposed outdoor erected areas;
The location of all existing and proposed outdoor assembled areas;
The location of all existing and proposed outdoor installed areas;
The location of all existing and proposed outdoor placed areas;
The location of all existing and proposed outdoor positioned areas;
The location of all existing and proposed outdoor located areas;
The location of all existing and proposed outdoor situated areas;
The location of all existing and proposed outdoor stationed areas;
The location of all existing and proposed outdoor established areas;
The location of all existing and proposed outdoor founded areas;
The location of all existing and proposed outdoor based areas;
The location of all existing and proposed outdoor grounded areas;
The location of all existing and proposed outdoor rooted areas;
The location of all existing and proposed outdoor anchored areas;
The location of all existing and proposed outdoor moored areas;
The location of all existing and proposed outdoor docked areas;
The location of all existing and proposed outdoor berthed areas;
The location of all existing and proposed outdoor harbored areas;
The location of all existing and proposed outdoor sheltered areas;
The location of all existing and proposed outdoor protected areas;
The location of all existing and proposed outdoor shielded areas;
The location of all existing and proposed outdoor guarded areas;
The location of all existing and proposed outdoor defended areas;
The location of all existing and proposed outdoor secured areas;
The location of all existing and proposed outdoor safeguarded areas;
The location of all existing and proposed outdoor preserved areas;
The location of all existing and proposed outdoor conserved areas;
The location of all existing and proposed outdoor maintained areas;
The location of all existing and proposed outdoor sustained areas;
The location of all existing and proposed outdoor continued areas;
The location of all existing and proposed outdoor prolonged areas;
The location of all existing and proposed outdoor extended areas;
The location of all existing and proposed outdoor lengthened areas;
The location of all existing and proposed outdoor widened areas;
The location of all existing and proposed outdoor broadened areas;
The location of all existing and proposed outdoor expanded areas;
The location of all existing and proposed outdoor enlarged areas;
The location of all existing and proposed outdoor increased areas;
The location of all existing and proposed outdoor augmented areas;
The location of all existing and proposed outdoor supplemented areas;
The location of all existing and proposed outdoor added areas;
The location of all existing and proposed outdoor appended areas;
The location of all existing and proposed outdoor attached areas;
The location of all existing and proposed outdoor affixed areas;
The location of all existing and proposed outdoor fastened areas;
The location of all existing and proposed outdoor secured areas;
The location of all existing and proposed outdoor tightened areas;
The location of all existing and proposed outdoor loosened areas;
The location of all existing and proposed outdoor relaxed areas;
The location of all existing and proposed outdoor eased areas;
The location of all existing and proposed outdoor softened areas;
The location of all existing and proposed outdoor gentled areas;
The location of all existing and proposed outdoor quieted areas;
The location of all existing and proposed outdoor silenced areas;
The location of all existing and proposed outdoor hushed areas;
The location of all existing and proposed outdoor muted areas;
The location of all existing and proposed outdoor subdued areas;
The location of all existing and proposed outdoor toned areas;
The location of all existing and proposed outdoor shaded areas;
The location of all existing and proposed outdoor shadowed areas;
The location of all existing and proposed outdoor darkened areas;
The location of all existing and proposed outdoor dimmed areas;
The location of all existing and proposed outdoor brightened areas;
The location of all existing and proposed outdoor lightened areas;
The location of all existing and proposed outdoor illuminated areas;
The location of all existing and proposed outdoor lit areas;
The location of all existing and proposed outdoor glowing areas;
The location of all existing and proposed outdoor shining areas;
The location of all existing and proposed outdoor sparkling areas;
The location of all existing and proposed outdoor twinkling areas;
The location of all existing and proposed outdoor gleaming areas;
The location of all existing and proposed outdoor glistening areas;
The location of all existing and proposed outdoor glittering areas;
The location of all existing and proposed outdoor shimmering areas;
The location of all existing and proposed outdoor flashing areas;
The location of all existing and proposed outdoor blinking areas;
The location of all existing and proposed outdoor flickering areas;
The location of all existing and proposed outdoor beaming areas;
The location of all existing and proposed outdoor radiating areas;
The location of all existing and proposed outdoor emitting areas;
The location of all existing and proposed outdoor transmitting areas;
The location of all existing and proposed outdoor reflecting areas;
The location of all existing and proposed outdoor refracting areas;
The location of all existing and proposed outdoor diffusing areas;
The location of all existing and proposed outdoor scattering areas;
The location of all existing and proposed outdoor spreading areas;
The location of all existing and proposed outdoor dispersing areas;
The location of all existing and proposed outdoor distributing areas;
The location of all existing and proposed outdoor allocating areas;
The location of all existing and proposed outdoor assigning areas;
The location of all existing and proposed outdoor designating areas;
The location of all existing and proposed outdoor appointing areas;
The location of all existing and proposed outdoor naming areas;
The location of all existing and proposed outdoor identifying areas;
The location of all existing and proposed outdoor labeling areas;
The location of all existing and proposed outdoor tagging areas;
The location of all existing and proposed outdoor marking areas;
The location of all existing and proposed outdoor branding areas;
The location of all existing and proposed outdoor stamping areas;
The location of all existing and proposed outdoor imprinting areas;
The location of all existing and proposed outdoor printing areas;
The location of all existing and proposed outdoor publishing areas;
The location of all existing and proposed outdoor issuing areas;
The location of all existing and proposed outdoor releasing areas;
The location of all existing and proposed outdoor launching areas;
The location of all existing and proposed outdoor starting areas;
The location of all existing and proposed outdoor beginning areas;
The location of all existing and proposed outdoor commencing areas;
The location of all existing and proposed outdoor initiating areas;
The location of all existing and proposed outdoor originating areas;
The location of all existing and proposed outdoor generating areas;
The location of all existing and proposed outdoor creating areas;
The location of all existing and proposed outdoor making areas;
The location of all existing and proposed outdoor building areas;
The location of all existing and proposed outdoor constructing areas;
The location of all existing and proposed outdoor forming areas;
The location of all existing and proposed outdoor shaping areas;
The location of all existing and proposed outdoor molding areas;
The location of all existing and proposed outdoor casting areas;
The location of all existing and proposed outdoor forging areas;
The location of all existing and proposed outdoor hammering areas;
The location of all existing and proposed outdoor striking areas;
The location of all existing and proposed outdoor hitting areas;
The location of all existing and proposed outdoor beating areas;
The location of all existing and proposed outdoor pounding areas;
The location of all existing and proposed outdoor crushing areas;
The location of all existing and proposed outdoor grinding areas;
The location of all existing and proposed outdoor milling areas;
The location of all existing and proposed outdoor drilling areas;
The location of all existing and proposed outdoor boring areas;
The location of all existing and proposed outdoor piercing areas;
The location of all existing and proposed outdoor puncturing areas;
The location of all existing and proposed outdoor perforating areas;
The location of all existing and proposed outdoor penetrating areas;
The location of all existing and proposed outdoor entering areas;
The location of all existing and proposed outdoor inserting areas;
The location of all existing and proposed outdoor injecting areas;
The location of all existing and proposed outdoor implanting areas;
The location of all existing and proposed outdoor embedding areas;
The location of all existing and proposed outdoor planting areas;
The location of all existing and proposed outdoor seeding areas;
The location of all existing and proposed outdoor sowing areas;
The location of all existing and proposed outdoor growing areas;
The location of all existing and proposed outdoor cultivating areas;
The location of all existing and proposed outdoor farming areas;
The location of all existing and proposed outdoor ranching areas;
The location of all existing and proposed outdoor herding areas;
The location of all existing and proposed outdoor grazing areas;
The location of all existing and proposed outdoor feeding areas;
The location of all existing and proposed outdoor watering areas;
The location of all existing and proposed outdoor irrigating areas;
The location of all existing and proposed outdoor fertilizing areas;
The location of all existing and proposed outdoor mulching areas;
The location of all existing and proposed outdoor composting areas;
The location of all existing and proposed outdoor recycling areas;
The location of all existing and proposed outdoor reusing areas;
The location of all existing and proposed outdoor reducing areas;
The location of all existing and proposed outdoor reusing areas;
The location of all existing and proposed outdoor repurposing areas;
The location of all existing and proposed outdoor refurbishing areas;
The location of all existing and proposed outdoor renovating areas;
The location of all existing and proposed outdoor remodeling areas;
The location of all existing and proposed outdoor restoring areas;
The location of all existing and proposed outdoor rehabilitating areas;
The location of all existing and proposed outdoor repairing areas;
The location of all existing and proposed outdoor fixing areas;
The location of all existing and proposed outdoor mending areas;
The location of all existing and proposed outdoor patching areas;
The location of all existing and proposed outdoor sealing areas;
The location of all existing and proposed outdoor caulking areas;
The location of all existing and proposed outdoor glazing areas;
The location of all existing and proposed outdoor painting areas;
The location of all existing and proposed outdoor staining areas;
The location of all existing and proposed outdoor varnishing areas;
The location of all existing and proposed outdoor lacquering areas;
The location of all existing and proposed outdoor enameling areas;
The location of all existing and proposed outdoor coating areas;
The location of all existing and proposed outdoor plating areas;
The location of all existing and proposed outdoor finishing areas;
The location of all existing and proposed outdoor polishing areas;
The location of all existing and proposed outdoor buffing areas;
The location of all existing and proposed outdoor sanding areas;
The location of all existing and proposed outdoor smoothing areas;
The location of all existing and proposed outdoor leveling areas;
The location of all existing and proposed outdoor grading areas;
The location of all existing and proposed outdoor sloping areas;
The location of all existing and proposed outdoor terracing areas;
The location of all existing and proposed outdoor stepping areas;
The location of all existing and proposed outdoor tiering areas;
The location of all existing and proposed outdoor layering areas;
The location of all existing and proposed outdoor stacking areas;
The location of all existing and proposed outdoor piling areas;
The location of all existing and proposed outdoor heaping areas;
The location of all existing and proposed outdoor banking areas;
The location of all existing and proposed outdoor mounding areas;
The location of all existing and proposed outdoor rising areas;
The location of all existing and proposed outdoor falling areas;
The location of all existing and proposed outdoor dropping areas;
The location of all existing and proposed outdoor sinking areas;
The location of all existing and proposed outdoor settling areas;
The location of all existing and proposed outdoor compacting areas;
The location of all existing and proposed outdoor consolidating areas;
The location of all existing and proposed outdoor merging areas;
The location of all existing and proposed outdoor combining areas;
The location of all existing and proposed outdoor blending areas;
The location of all existing and proposed outdoor mixing areas;
The location of all existing and proposed outdoor stirring areas;
The location of all existing and proposed outdoor agitating areas;
The location of all existing and proposed outdoor shaking areas;
The location of all existing and proposed outdoor vibrating areas;
The location of all existing and proposed outdoor pulsating areas;
The location of all existing and proposed outdoor throbbing areas;
The location of all existing and proposed outdoor beating areas;
The location of all existing and proposed outdoor pounding areas;
The location of all existing and proposed outdoor hammering areas;
The location of all existing and proposed outdoor striking areas;
The location of all existing and proposed outdoor hitting areas;
The location of all existing and proposed outdoor knocking areas;
The location of all existing and proposed outdoor tapping areas;
The location of all existing and proposed outdoor rapping areas;
The location of all existing and proposed outdoor patting areas;
The location of all existing and proposed outdoor stroking areas;
The location of all existing and proposed outdoor rubbing areas;
The location of all existing and proposed outdoor massaging areas;
The location of all existing and proposed outdoor pressing areas;
The location of all existing and proposed outdoor pushing areas;
The location of all existing and proposed outdoor pulling areas;
The location of all existing and proposed outdoor dragging areas;
The location of all existing and proposed outdoor hauling areas;
The location of all existing and proposed outdoor towing areas;
The location of all existing and proposed outdoor lifting areas;
The location of all existing and proposed outdoor raising areas;
The location of all existing and proposed outdoor hoisting areas;
The location of all existing and proposed outdoor craning areas;
The location of all existing and proposed outdoor winching areas;
The location of all existing and proposed outdoor levering areas;
The location of all existing and proposed outdoor prying areas;
The location of all existing and proposed outdoor wedging areas;
The location of all existing and proposed outdoor splitting areas;
The location of all existing and proposed outdoor dividing areas;
The location of all existing and proposed outdoor separating areas;
The location of all existing and proposed outdoor parting areas;
The location of all existing and proposed outdoor breaking areas;
The location of all existing and proposed outdoor cracking areas;
The location of all existing and proposed outdoor fracturing areas;
The location of all existing and proposed outdoor shattering areas;
The location of all existing and proposed outdoor smashing areas;
The location of all existing and proposed outdoor crushing areas;
The location of all existing and proposed outdoor grinding areas;
The location of all existing and proposed outdoor milling areas;
The location of all existing and proposed outdoor pulverizing areas;
The location of all existing and proposed outdoor powdering areas;
The location of all existing and proposed outdoor dusting areas;
The location of all existing and proposed outdoor sweeping areas;
The location of all existing and proposed outdoor brushing areas;
The location of all existing and proposed outdoor raking areas;
The location of all existing and proposed outdoor hoeing areas;
The location of all existing and proposed outdoor digging areas;
The location of all existing and proposed outdoor excavating areas;
The location of all existing and proposed outdoor shoveling areas;
The location of all existing and proposed outdoor spading areas;
The location of all existing and proposed outdoor tilling areas;
The location of all existing and proposed outdoor plowing areas;
The location of all existing and proposed outdoor harrowing areas;
The location of all existing and proposed outdoor cultivating areas;
The location of all existing and proposed outdoor planting areas;
The location of all existing and proposed outdoor seeding areas;
The location of all existing and proposed outdoor sowing areas;
The location of all existing and proposed outdoor transplanting areas;
The location of all existing and proposed outdoor replanting areas;
The location of all existing and proposed outdoor watering areas;
The location of all existing and proposed outdoor irrigating areas;
The location of all existing and proposed outdoor sprinkling areas;
The location of all existing and proposed outdoor spraying areas;
The location of all existing and proposed outdoor misting areas;
The location of all existing and proposed outdoor fogging areas;
The location of all existing and proposed outdoor steaming areas;
The location of all existing and proposed outdoor heating areas;
The location of all existing and proposed outdoor cooling areas;
The location of all existing and proposed outdoor freezing areas;
The location of all existing and proposed outdoor chilling areas;
The location of all existing and proposed outdoor refrigerating areas;
The location of all existing and proposed outdoor air conditioning areas;
The location of all existing and proposed outdoor ventilating areas;
The location of all existing and proposed outdoor circulating areas;
The location of all existing and proposed outdoor filtering areas;
The location of all existing and proposed outdoor purifying areas;
The location of all existing and proposed outdoor cleaning areas;
The location of all existing and proposed outdoor washing areas;
The location of all existing and proposed outdoor rinsing areas;
The location of all existing and proposed outdoor flushing areas;
The location of all existing and proposed outdoor draining areas;
The location of all existing and proposed outdoor drying areas;
The location of all existing and proposed outdoor airing areas;
The location of all existing and proposed outdoor sunning areas;
The location of all existing and proposed outdoor bleaching areas;
The location of all existing and proposed outdoor whitening areas;
The location of all existing and proposed outdoor brightening areas;
The location of all existing and proposed outdoor polishing areas;
The location of all existing and proposed outdoor shining areas;
The location of all existing and proposed outdoor gleaming areas;
The location of all existing and proposed outdoor glistening areas;
The location of all existing and proposed outdoor glittering areas;
The location of all existing and proposed outdoor sparkling areas;
The location of all existing and proposed outdoor twinkling areas;
The location of all existing and proposed outdoor blinking areas;
The location of all existing and proposed outdoor flashing areas;
The location of all existing and proposed outdoor flickering areas;
The location of all existing and proposed outdoor beaming areas;
The location of all existing and proposed outdoor radiating areas;
The location of all existing and proposed outdoor emitting areas;
The location of all existing and proposed outdoor transmitting areas;
The location of all existing and proposed outdoor reflecting areas;
The location of all existing and proposed outdoor refracting areas;
The location of all existing and proposed outdoor diffusing areas;
The location of all existing and proposed outdoor scattering areas;
The location of all existing and proposed outdoor spreading areas;
The location of all existing and proposed outdoor dispersing areas;
The location of all existing and proposed outdoor distributing areas;
The location of all existing and proposed outdoor allocating areas;
The location of all existing and proposed outdoor assigning areas;
The location of all existing and proposed outdoor designating areas;
The location of all existing and proposed outdoor appointing areas;
The location of all existing and proposed outdoor naming areas;
The location of all existing and proposed outdoor identifying areas;
The location of all existing and proposed outdoor labeling areas;
The location of all existing and proposed outdoor tagging areas;
The location of all existing and proposed outdoor marking areas;
The location of all existing and proposed outdoor branding areas;
The location of all existing and proposed outdoor stamping areas;
The location of all existing and proposed outdoor imprinting areas;
The location of all existing and proposed outdoor printing areas;
The location of all existing and proposed outdoor publishing areas;
The location of all existing and proposed outdoor issuing areas;
The location of all existing and proposed outdoor releasing areas;
The location of all existing and proposed outdoor launching areas;
The location of all existing and proposed outdoor starting areas;
The location of all existing and proposed outdoor beginning areas;
The location of all existing and proposed outdoor commencing areas;
The location of all existing and proposed outdoor initiating areas;
The location of all existing and proposed outdoor originating areas;
The location of all existing and proposed outdoor generating areas;
The location of all existing and proposed outdoor creating areas;
The location of all existing and proposed outdoor making areas;
The location of all existing and proposed outdoor building areas;
The location of all existing and proposed outdoor constructing areas;
The location of all existing and proposed outdoor forming areas;
The location of all existing and proposed outdoor shaping areas;
The location of all existing and proposed outdoor molding areas;
The location of all existing and proposed outdoor casting areas;
The location of all existing and proposed outdoor forging areas.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-320. - Amendments.#

(a) An approved site plan may be amended by the Director upon application of the property owner or the owner's authorized agent. The application for amendment shall be accompanied by the required fee and by a revised site plan showing the proposed changes.

(b) The Director shall review the proposed amendment for compliance with the provisions of this Zoning Ordinance and all other applicable ordinances and regulations. The Director shall approve, approve with conditions, or deny the amendment within thirty (30) days of the date the application is determined to be complete.

(c) If the proposed amendment involves a substantial change in the approved site plan, the Director may require the applicant to submit a new site plan application.

(Ord. No. 12-08, § 3, 1-9-13)

DIVISION 3. - Conditional Use Permits#

Section 26-321. - Purpose.#

The purpose of this division is to establish procedures and requirements for the review and approval of conditional use permits to ensure that uses which are not permitted as a matter of right in a zoning district are compatible with the surrounding area and are in compliance with the provisions of this Zoning Ordinance and the Comprehensive Plan.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-322. - Application requirements.#

(a) An application for a conditional use permit shall be filed on forms prescribed by the Director and shall be accompanied by the required fee and by the information required by section 26-323.

(b) The application shall be filed by the owner of the property, a contract purchaser with the owner's written consent, or the owner's attorney in fact.

(c) The application shall include a sketch plan of the proposed use and development of the property, prepared in accordance with the requirements of section 26-323.

(d) The application shall include a written statement describing the proposed use, the need for the use, and the compatibility of the use with the surrounding area.

(e) The application shall include such other information as the Director may reasonably require to evaluate the application.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-323. - Information required on sketch plans.#

Sketch plans submitted with an application for a conditional use permit shall include the following information:

The name, address, and telephone number of the applicant and the property owner;
The name, address, and telephone number of the person who prepared the plan;
The date of the plan and any revisions;
A north arrow and scale;
The location of the property, including the tax map reference number and the street address, if any;
The boundaries of the property and the dimensions of all lot lines;
The location and dimensions of all existing and proposed buildings and structures, including setbacks from lot lines;
The location and dimensions of all existing and proposed parking areas, loading areas, driveways, and other vehicular use areas;
The location and dimensions of all existing and proposed sidewalks, walkways, and other pedestrian facilities;
The location of all existing and proposed utilities, including water, sewer, gas, electric, and communications lines;
The location of all existing and proposed stormwater management facilities;
The location of all existing and proposed landscaping, buffers, and screening;
The location of all existing and proposed signs;
The location of all existing and proposed lighting fixtures;
The location of all existing and proposed refuse collection areas;
The location of all existing and proposed fire lanes and emergency access routes;
The location of all existing and proposed easements and rights-of-way;
The location of all existing and proposed fences and walls;
The location of all existing and proposed outdoor storage areas;
The location of all existing and proposed outdoor display areas;
The location of all existing and proposed outdoor dining areas;
The location of all existing and proposed accessory structures;
The location of all existing and proposed dumpsters and other waste receptacles;
The location of all existing and proposed transformers, generators, and other mechanical equipment;
The location of all existing and proposed roof-mounted equipment;
The location of all existing and proposed satellite dishes and antennas;
The location of all existing and proposed solar panels;
The location of all existing and proposed water features;
The location of all existing and proposed recreational facilities;
The location of all existing and proposed open space areas;
The location of all existing and proposed conservation areas;
The location of all existing and proposed floodplain areas;
The location of all existing and proposed steep slopes;
The location of all existing and proposed wetlands;
The location of all existing and proposed streams and watercourses;
The location of all existing and proposed trees and vegetation.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-324. - Review, approval and amendment.#

(a) The Planning Commission shall hold a public hearing on the application for a conditional use permit and shall make a recommendation to the Board.

(b) The Board shall hold a public hearing on the application and shall approve, approve with conditions, or deny the application.

Whether the proposed use is consistent with the Comprehensive Plan;
Whether the proposed use is compatible with the surrounding area;
Whether the proposed use will have an adverse impact on the public health, safety, or welfare;
Whether the proposed use will have an adverse impact on the value of surrounding properties;
Whether the proposed use will generate excessive traffic, noise, light, or other impacts;
Whether the proposed use is appropriate for the location;
Whether the proposed use is consistent with the purpose and intent of the zoning district;
Whether the proposed use is consistent with the purpose and intent of this Zoning Ordinance;
Whether the proposed use is consistent with the public necessity, convenience, general welfare, or good zoning practice;
Whether the proposed use is in compliance with all applicable ordinances and regulations.

(d) The Board may impose such conditions on the approval of a conditional use permit as it deems necessary to ensure that the use is compatible with the surrounding area and is in compliance with the provisions of this Zoning Ordinance and the Comprehensive Plan.

(e) A conditional use permit may be amended by the Board upon application of the property owner or the owner's authorized agent. The application for amendment shall be processed in the same manner as the original application.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-325. - Substantial conformity with approved sketch plan.#

No development or use of property shall be approved or permitted unless it is in substantial conformity with the sketch plan approved as part of the conditional use permit. The zoning administrator shall determine whether a proposed development or use is in substantial conformity with the approved sketch plan.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-326. - Site plan required for all conditional use permits.#

A site plan shall be required for all conditional use permits and shall be submitted and approved in accordance with the provisions of Division 2 of this article prior to the issuance of any building permit or certificate of occupancy.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-327. - Duration of conditional use permits.#

(a) A conditional use permit shall be valid for a period of two (2) years from the date of approval. If the use has not commenced within that period, the conditional use permit shall expire, and a new application shall be required.

(b) The Board may extend the validity of a conditional use permit for one (1) additional year upon written request of the applicant, if the Board finds that there have been no substantial changes in the applicable regulations or in the circumstances of the property.

(c) A conditional use permit shall run with the land and shall continue in effect upon a change of ownership of the property, unless the permit provides otherwise.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-328. - Revocation.#

(a) The Board may revoke a conditional use permit after a public hearing, upon a finding that:

The permit was obtained by fraud or misrepresentation;
The use is not being conducted in accordance with the terms and conditions of the permit;
The use has become a nuisance or a threat to the public health, safety, or welfare;
The use has ceased to operate for a period of more than one (1) year;
The use is not in substantial conformity with the approved sketch plan.

(b) The zoning administrator shall provide written notice to the property owner of the proposed revocation and of the date, time, and place of the public hearing. The notice shall be sent by first class mail to the last known address of the property owner, as shown on the current real estate tax assessment books, at least fifteen (15) days prior to the hearing.

(Ord. No. 12-08, § 3, 1-9-13)

DIVISION 4. - Special Exception Permits#

Section 26-329. - Purpose.#

The purpose of this division is to establish procedures and requirements for the review and approval of special exception permits to ensure that uses which are not permitted as a matter of right in a zoning district, but which may be appropriate under certain circumstances, are compatible with the surrounding area and are in compliance with the provisions of this Zoning Ordinance and the Comprehensive Plan.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-330. - Application requirements.#

(a) An application for a special exception permit shall be filed on forms prescribed by the Director and shall be accompanied by the required fee and by the information required by section 26-331.

(b) The application shall be filed by the owner of the property, a contract purchaser with the owner's written consent, or the owner's attorney in fact.

(c) The application shall include a sketch plan of the proposed use and development of the property, prepared in accordance with the requirements of section 26-331.

(d) The application shall include a written statement describing the proposed use, the need for the use, and the compatibility of the use with the surrounding area.

(e) The application shall include such other information as the Director may reasonably require to evaluate the application.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-331. - Information required on sketch plans.#

Sketch plans submitted with an application for a special exception permit shall include the following information:

The name, address, and telephone number of the applicant and the property owner;
The name, address, and telephone number of the person who prepared the plan;
The date of the plan and any revisions;
A north arrow and scale;
The location of the property, including the tax map reference number and the street address, if any;
The boundaries of the property and the dimensions of all lot lines;
The location and dimensions of all existing and proposed buildings and structures, including setbacks from lot lines;
The location and dimensions of all existing and proposed parking areas, loading areas, driveways, and other vehicular use areas;
The location and dimensions of all existing and proposed sidewalks, walkways, and other pedestrian facilities;
The location of all existing and proposed utilities, including water, sewer, gas, electric, and communications lines;
The location of all existing and proposed stormwater management facilities;
The location of all existing and proposed landscaping, buffers, and screening;
The location of all existing and proposed signs;
The location of all existing and proposed lighting fixtures;
The location of all existing and proposed refuse collection areas;
The location of all existing and proposed fire lanes and emergency access routes;
The location of all existing and proposed easements and rights-of-way;
The location of all existing and proposed fences and walls;
The location of all existing and proposed outdoor storage areas;
The location of all existing and proposed outdoor display areas;
The location of all existing and proposed outdoor dining areas;
The location of all existing and proposed accessory structures;
The location of all existing and proposed dumpsters and other waste receptacles;
The location of all existing and proposed transformers, generators, and other mechanical equipment;
The location of all existing and proposed roof-mounted equipment;
The location of all existing and proposed satellite dishes and antennas;
The location of all existing and proposed solar panels;
The location of all existing and proposed water features;
The location of all existing and proposed recreational facilities;
The location of all existing and proposed open space areas;
The location of all existing and proposed conservation areas;
The location of all existing and proposed floodplain areas;
The location of all existing and proposed steep slopes;
The location of all existing and proposed wetlands;
The location of all existing and proposed streams and watercourses;
The location of all existing and proposed trees and vegetation.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-332. - Review, approval and amendment.#

(a) The Planning Commission shall hold a public hearing on the application for a special exception permit and shall make a recommendation to the Board.

(b) The Board shall hold a public hearing on the application and shall approve, approve with conditions, or deny the application.

Whether the proposed use is consistent with the Comprehensive Plan;
Whether the proposed use is compatible with the surrounding area;
Whether the proposed use will have an adverse impact on the public health, safety, or welfare;
Whether the proposed use will have an adverse impact on the value of surrounding properties;
Whether the proposed use will generate excessive traffic, noise, light, or other impacts;
Whether the proposed use is appropriate for the location;
Whether the proposed use is consistent with the purpose and intent of the zoning district;
Whether the proposed use is consistent with the purpose and intent of this Zoning Ordinance;
Whether the proposed use is consistent with the public necessity, convenience, general welfare, or good zoning practice;
Whether the proposed use is in compliance with all applicable ordinances and regulations.

(d) The Board may impose such conditions on the approval of a special exception permit as it deems necessary to ensure that the use is compatible with the surrounding area and is in compliance with the provisions of this Zoning Ordinance and the Comprehensive Plan.

(e) A special exception permit may be amended by the Board upon application of the property owner or the owner's authorized agent. The application for amendment shall be processed in the same manner as the original application.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-333. - Substantial conformity with approved sketch plan.#

No development or use of property shall be approved or permitted unless it is in substantial conformity with the sketch plan approved as part of the special exception permit. The zoning administrator shall determine whether a proposed development or use is in substantial conformity with the approved sketch plan.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-334. - Special exceptions for certain uses.#

The following uses may be permitted as special exceptions in the zoning districts indicated, subject to the standards and conditions set forth in this Zoning Ordinance:

(a) In the R-1, R-2, and R-3 Districts:

Churches and other places of worship;
Schools;
Public buildings and facilities;
Utilities;
Cemeteries;
Golf courses;
Country clubs;
Nursing homes;
Assisted living facilities;
Continuing care retirement communities;
Hospitals;
Clinics;
Day care centers;
Group homes;
Home occupations;
Bed and breakfast establishments;
Accessory apartments;
Guest houses;
Swimming pools;
Tennis courts;
Other recreational facilities.

(b) In the B-1, B-2, and B-3 Districts:

Drive-through facilities;
Outdoor dining;
Outdoor display;
Outdoor storage;
Outdoor entertainment;
Theaters;
Bowling alleys;
Skating rinks;
Health clubs;
Fitness centers;
Dance studios;
Martial arts studios;
Yoga studios;
Pilates studios;
Other similar uses.

Outdoor storage;
Outdoor processing;
Outdoor manufacturing;
Outdoor assembly;
Outdoor fabrication;
Outdoor repair;
Outdoor maintenance;
Outdoor service;
Outdoor distribution;
Outdoor warehousing;
Other similar uses.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-335. - Special exceptions for width in R-1, R-2, and R-3 Districts.#

(a) The Board may grant a special exception to permit a lot of less than the minimum width required by the district regulations, provided that:

The lot was created by a subdivision plat recorded prior to the effective date of this Zoning Ordinance;
The lot is not adjacent to another lot under the same ownership that could be combined to create a lot meeting the minimum width requirement;
The lot is of sufficient area and dimensions to accommodate the proposed use and to comply with all other applicable requirements of this Zoning Ordinance;
The proposed use is compatible with the surrounding area.

(b) The Board may impose such conditions on the approval of a special exception under this section as it deems necessary to ensure compatibility with the surrounding area.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-336. - Special exceptions for height.#

(a) The Board may grant a special exception to permit a building or structure to exceed the maximum height permitted by the district regulations, provided that:

The additional height is necessary for the proposed use;
The additional height will not have an adverse impact on the surrounding area;
The additional height will not create a hazard to aviation;
The additional height is consistent with the Comprehensive Plan;
The additional height is in compliance with all applicable ordinances and regulations.

(b) The Board may impose such conditions on the approval of a special exception under this section as it deems necessary to ensure compatibility with the surrounding area, including but not limited to additional setbacks, landscaping, or screening.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-337. - Special Exceptions for landscaping.#

(a) The Board may grant a special exception to permit a reduction in the landscaping, buffer, or screening requirements of this Zoning Ordinance, provided that:

The reduction is necessary due to the physical characteristics of the property;
The reduction will not have an adverse impact on the surrounding area;
The reduction is consistent with the purpose and intent of the landscaping, buffer, or screening requirements;
The reduction is in compliance with all applicable ordinances and regulations.

(b) The Board may impose such conditions on the approval of a special exception under this section as it deems necessary to ensure compatibility with the surrounding area.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-338. - Special exceptions for signs.#

(a) The Board may grant a special exception to permit a sign that does not comply with the sign regulations of this Zoning Ordinance, provided that:

The sign is necessary for the proposed use;
The sign will not have an adverse impact on the surrounding area;
The sign is consistent with the purpose and intent of the sign regulations;
The sign is in compliance with all applicable ordinances and regulations.

(b) The Board may impose such conditions on the approval of a special exception under this section as it deems necessary to ensure compatibility with the surrounding area.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-338.1. - Standards for special exceptions for properties in areas designated as Rural Village in the Comprehensive Plan.#

(a) In addition to the standards set forth in section 26-332, the Board shall consider the following standards in reviewing an application for a special exception for a property located in an area designated as Rural Village in the Comprehensive Plan:

Whether the proposed use is consistent with the Rural Village designation;
Whether the proposed use is compatible with the rural character of the area;
Whether the proposed use will preserve the rural character of the area;
Whether the proposed use will protect agricultural and forestal lands;
Whether the proposed use will protect natural resources;
Whether the proposed use will protect scenic resources;
Whether the proposed use will protect historic resources;
Whether the proposed use will protect the rural economy;
Whether the proposed use will protect the rural way of life;
Whether the proposed use is consistent with the Rural Village design guidelines, if any.

(b) The Board may impose such conditions on the approval of a special exception under this section as it deems necessary to ensure compatibility with the Rural Village designation and the rural character of the area.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-339. - Duration of special exception permits.#

(a) A special exception permit shall be valid for a period of two (2) years from the date of approval. If the use has not commenced within that period, the special exception permit shall expire, and a new application shall be required.

(b) The Board may extend the validity of a special exception permit for one (1) additional year upon written request of the applicant, if the Board finds that there have been no substantial changes in the applicable regulations or in the circumstances of the property.

(c) A special exception permit shall run with the land and shall continue in effect upon a change of ownership of the property, unless the permit provides otherwise.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-340. - Revocation.#

(a) The Board may revoke a special exception permit after a public hearing, upon a finding that:

The permit was obtained by fraud or misrepresentation;
The use is not being conducted in accordance with the terms and conditions of the permit;
The use has become a nuisance or a threat to the public health, safety, or welfare;
The use has ceased to operate for a period of more than one (1) year;
The use is not in substantial conformity with the approved sketch plan.

(Ord. No. 12-08, § 3, 1-9-13)

DIVISION 5. - Enforcement#

Section 26-341. - Enforcement.#

The zoning administrator shall be responsible for the enforcement of the provisions of this Zoning Ordinance. The zoning administrator shall have the authority to:

(a) Inspect any property, building, or structure to determine compliance with the provisions of this Zoning Ordinance;

(b) Issue notices of violation;

(d) Issue citations for violations of this Zoning Ordinance;

(e) Initiate legal proceedings to enforce the provisions of this Zoning Ordinance;

(f) Take such other action as may be necessary to enforce the provisions of this Zoning Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-342. - Building permit required.#

No building or structure shall be erected, constructed, reconstructed, altered, moved, or demolished without a building permit having been issued by the building official. No building permit shall be issued unless the proposed work is in compliance with the provisions of this Zoning Ordinance and all other applicable ordinances and regulations.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-343. - Previously issued building permits.#

(a) Any building permit issued prior to the effective date of this Zoning Ordinance shall remain valid, provided that the work authorized by the permit is commenced within six (6) months of the date of issuance and is completed within two (2) years of the date of issuance.

(b) If the work authorized by a building permit is not commenced within six (6) months of the date of issuance, or is not completed within two (2) years of the date of issuance, the permit shall expire, and a new permit shall be required.

(c) The building official may extend the validity of a building permit for one (1) additional year upon written request of the permit holder, if the building official finds that there have been no substantial changes in the applicable regulations or in the circumstances of the property.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-344. - Plats.#

No plat of a subdivision shall be recorded until it has been approved in accordance with the provisions of the Subdivision Ordinance and this Zoning Ordinance. No building permit shall be issued for any lot in a subdivision until the plat of the subdivision has been recorded.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-345. - Certificates of Occupancy.#

(a) No building or structure shall be occupied or used until a certificate of occupancy has been issued by the building official.

(b) A certificate of occupancy shall be issued only if the building or structure is in compliance with the provisions of this Zoning Ordinance and all other applicable ordinances and regulations.

(c) A certificate of occupancy shall be issued within fifteen (15) days of the receipt of a written request for inspection, if the building or structure is found to be in compliance with the provisions of this Zoning Ordinance and all other applicable ordinances and regulations.

(d) A certificate of occupancy shall state the use or uses for which the building or structure is approved.

(e) A change in the use of a building or structure shall require a new certificate of occupancy.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-346. - Authority of zoning administrator to enforce provisions of Zoning Ordinance.#

The zoning administrator shall have the authority to enforce the provisions of this Zoning Ordinance, including the authority to:

(a) Enter any property, building, or structure at any reasonable time to inspect for compliance with the provisions of this Zoning Ordinance;

(b) Issue notices of violation;

(d) Issue citations for violations of this Zoning Ordinance;

(e) Initiate legal proceedings to enforce the provisions of this Zoning Ordinance;

(f) Take such other action as may be necessary to enforce the provisions of this Zoning Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-347. - Violation of provision of Zoning Ordinance; notice of violation.#

(a) If the zoning administrator finds that any provision of this Zoning Ordinance has been violated, the zoning administrator shall issue a notice of violation to the owner of the property, the occupant of the property, and any other person responsible for the violation.

(b) The notice of violation shall:

Describe the violation;
State the specific provision of this Zoning Ordinance that has been violated;
State the action required to correct the violation;
State the time period within which the violation must be corrected;
State the penalties for failure to correct the violation.

(c) The notice of violation shall be served personally or by first class mail to the last known address of the person to whom it is directed.

(d) If the violation is not corrected within the time period stated in the notice of violation, the zoning administrator may take such enforcement action as is authorized by this Zoning Ordinance or by law.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-348. - Civil penalties.#

(a) Any person who violates any provision of this Zoning Ordinance shall be subject to a civil penalty of not more than five hundred dollars ($500.00) for each violation. Each day that a violation continues shall constitute a separate violation.

(b) The civil penalty shall be recovered by the County in a civil action brought in the appropriate court.

(c) In addition to the civil penalty, the County may seek injunctive relief to prevent, correct, or abate any violation of this Zoning Ordinance.

(d) The County may also seek to recover its costs, including reasonable attorney's fees, incurred in enforcing the provisions of this Zoning Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-349. - Criminal penalties.#

(a) Any person who knowingly violates any provision of this Zoning Ordinance shall be guilty of a Class 1 misdemeanor§.

(b) Each day that a violation continues shall constitute a separate offense.

(Ord. No. 12-08, § 3, 1-9-13)

Article 6. - Administration and Procedures#

Division 1. - General Provisions#

Section 26-310. - One year limitation for reconsideration.#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-311. - Payment of filing fees.#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-312. - Refund of fees.#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-313. - Additional fees for readvertisement.#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-314. - Certain entities exempt from payment of filing fees.#

Notwithstanding any other provision to the contrary, any filing fee required under this Ordinance shall be waived for any applicant which is an agency of the government of the United States, an agency of the Commonwealth, or an agency of the County of Hanover, or for any applicant which is an organization or corporation which has tax exempt status at the time any such exemption is claimed. Nothing herein shall be construed to exempt any such agency, organization, or corporation from any bonding or penalty provisions of this Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Division 2. - Site Plans#

Section 26-315. - Purpose.#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-316. - Agent for site plan approval.#

The zoning administrator or his designee shall be the agent of the Board for site plan approval unless provided for otherwise in the district regulations.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-317. - Uses and activities which require a site plan.#

(a) A site plan shall be required for the following uses:

Two-family, townhouse, and multiple-family uses when no residential subdivision lots are being created;

All business and industrial uses and churches and other places of worship, except for:

a. The expansion of an existing building or the addition of an accessory structure to an existing site when the expansion or addition, cumulatively, is as follows:

Existing Building Size	Maximum Expansion Allowed
Total gross floor area ≤ 5,000 sq. ft.	No larger than 10% of existing floor area
Total gross floor area > 5,000 sq. ft.	10% of existing floor area for the first 5,000 sq. ft. plus 5% of gross floor area above 5,000 sq. ft., provided the expansion or addition does not exceed 800 sq. ft.

b. The creation, expansion or reconfiguration by 2,500 square feet or less, cumulatively, of a parking area that met all applicable regulations when constructed.

Telecommunications towers and related facilities;
Any use for which a conditional use permit is required;
Utility uses only when structures are to be installed above-ground (except for minor appurtenances such as fire hydrants) and only for the tax parcel on which the structures are located.

(b) For the purposes of this section, the term cumulatively shall mean all changes occurring on or after the date that the building or use became applicable to regulations.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-318. - Review and approval procedures.#

(b) The site plan shall be reviewed and approved or disapproved within sixty (60) days after it has been officially submitted for approval. The site plan shall comply with the requirements of this Ordinance and all other provisions of the Hanover County Code. Site plans for approved conditional uses shall also be reviewed for substantial compliance with the sketch plan approved with the conditional use permit.

(c) If a site plan is disapproved, the reasons for such action shall be provided to the applicant in writing. The applicant may submit a revised site plan to the zoning administrator that addresses the reasons for disapproval. The zoning administrator shall review the revised site plan and either approve or disapprove the site plan within forty-five (45) days after the site plan has been modified, corrected and resubmitted for approval. If all corrections specified have been made, the site plan shall then be approved. If additional corrections are necessary, the site plan shall be resubmitted and the zoning administrator shall approve or disapprove the site plan within forty-five (45) days after the site plan has been modified, corrected and resubmitted for approval.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-319. - Information required on-site plans.#

The site plan submitted for review and approval shall include the following information:

The proposed title of the project, the names of the engineer, architect, designer, or landscape architect, and the property owner and the developer (if different).
A general vicinity map at a scale no greater than 1":2000'.
Geographic Parcel Identification Number (GPIN) for all subject parcel(s) and the owner's name, zoning, and GPIN for all adjacent parcels.
The use(s) of the subject parcel(s).
The north arrow (on applicable sheets), scale, and date of the site plan including any subsequent revisions. The scale of the site plan shall be as follows:

Project Size	Maximum Scale
More than 200 acres	Not more than 200 feet to one inch
50 to 200 acres	Not more than 100 feet to one inch
More than 10 acres but less than 50 acres	Not more than 50 feet to one inch
10 acres or less	Not more than 30 feet to one inch

Existing zoning (including overlay districts, rezonings, conditional use permits, special exception permits and variances, and any applicable letters, proffers or conditions), magisterial district and zoning district boundaries of the subject parcel(s).
The boundaries of the parcel(s) involved, county or municipal boundaries, the location of all existing easements with associated recordation references, existing property lines, existing streets, buildings, or waterways, mapped dam break inundation zones, areas affected by Chesapeake Bay preservation requirements, major tree masses and other existing physical features in or adjoining the project.
Topography of the project area with contour intervals of two (2) feet or less, unless waived by the zoning administrator as clearly unnecessary to a review of the project or proposal.
The location and sizes of sanitary and storm sewers, water mains, culverts, and other underground structures, and all utility lines, including electric, natural gas, CATV, telephone, and other lines, both underground and overhead, existing and planned, in or near the project.
The location, dimension, height and use of all existing and proposed buildings and structures.
The location, design and materials used to construct proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas (including numbers of parking and loading spaces), outdoor lighting systems, storm drainage and sanitary facilities.
The location of proposed lots, setback lines, and easements and any proposed reservations for parks, parkways, playgrounds, school sites, and open space areas.
The location, height, and materials of all fences, walls and screens.
The location of outdoor waste receptacles, if provided, and the method of screening.
The location of existing and proposed freestanding signs.
Preliminary plans and elevations of proposed buildings and structures.
A landscape plan (if required), including a list of the specific plant materials to be used to satisfy the applicable landscaping requirements, with a calculation of the area of the parking lot, landscaped area required, and landscaped area provided (where applicable).
A lighting plan, prepared in accordance with section 26-269, if the use(s) of the property will be operating during the hours of darkness.
A tabulation of total number of acres in the project, gross and net, as required in the district regulations, and the percentage thereof proposed to be devoted to the several dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks, schools, and other reservations.
A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre, gross and net, as required by district regulations.
All applications for site plan approval shall include water quality impact assessments when required by Chapter 10 of the Hanover County Code and the location of all mapped dam break inundation zones. Applications for site plan approval shall be reviewed by the Director of Public Works who shall determine whether the proposed development meets the requirements of Chapter 10 of the Hanover County Code. No approval shall be granted by any approval authority unless the development meets those requirements.
Compliance with Chesapeake Bay preservation requirements, in accordance with Chapter 10, Environmental Management, of the Hanover County Code.
Compliance with erosion and sediment control requirements in accordance with Chapter 10, Environmental Management, of the Hanover County Code.
Other information as may be required by the zoning administrator in order to comply with federal, state, or local laws.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-320. - Amendments.#

The new building or expansion meets the site plan exemption criteria listed in section 26-317(a)(2);
The expansion will not create a drive-in window, ATM station, or other activity for which adequate stacking and circulation on-site is required;
The expansion will not affect drainage or required setbacks for structures; and
The parking area being created, expanded, or reconfigured is less than 2,500 square feet.

(Ord. No. 12-08, § 3, 1-9-13)

Division 3. - Conditional Uses#

Section 26-321. - Purpose.#

(b) A conditional use may be approved by the Board in accordance with the following:

The location is appropriate and not in conflict with the Comprehensive Plan;
The public health, safety, morals, and general welfare will not be adversely affected;
Adequate off-street parking facilities will be provided;
Necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values;
The additional standards of this article are complied with.

(Ord. No. 12-08, § 3, 1-9-13)

Article 26. Conditional Use Permits and Special Exceptions#

Section 26-322. - Application requirements.#

(c) Applications shall be filed on forms prescribed by the zoning administrator and shall include information required by the zoning administrator.

(d) Whenever an application has been denied by the Board, such application, or one that is substantially the same, shall not be reconsidered sooner than one year after the previous denial.

If the zoning administrator finds that any additions, deletions or modifications are necessary for a required sketch plan that was submitted with an application, the applicant shall submit a revised plan no less than twenty-one (21) calendar days prior to the public hearing before the Planning Commission.
After the public hearing before the Planning Commission, the applicant shall submit a revised sketch plan, if any, no less than twenty-one (21) calendar days prior to the public hearing before the Board.
No sketch plan that is required by the district regulations shall be considered at a public hearing before the Planning Commission or Board unless the submission of the plan, or revisions to the plan, complies with the provisions of this section.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-323. - Information required on sketch plans.#

The sketch plan shall be clearly drawn to a scale as specified below, shall comply with all applicable laws, regulations, and ordinances, and shall show the following:

The proposed title of the project, the name of the developer, and the name of the preparer of the plan.
The north point, scale, and date. The scale of the sketch plan shall be as follows:

Project Size	Maximum Scale
More than two hundred (200) acres	200′:1″
Fifty (50) to two hundred (200) acres	100′:1″
Ten (10) acres to fifty (50) acres	50′:1″
Ten (10) acres or less	30′:1″

Existing zoning and zoning district boundaries.
The boundaries of the property involved; County or town boundaries; property lines; existing streets, buildings, or waterways; mapped dam break inundation zones; areas affected by Chesapeake Bay preservation requirements; and major tree masses.
Topography of the project area with contours of five (5) feet or less.
Proposed changes in zoning, if any.
The general location and character of construction of proposed streets, alleys, driveways, curb cuts, entrances, and exits.
Location(s) of all proposed buildings and structures, accessory and main; major excavation; and the use category for each building.
General location, height, and material for all fences, walls, screen plantings, berms, and landscaping. The required perimeter buffer, if any, shall be shown.
Architectural elevation(s) for the proposed structures on site.
Other information as may be required by the zoning administrator.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-324. - Review, approval and amendment.#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-325. - Substantial conformity with approved sketch plan.#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-326. - Site plan required for all conditional use permits.#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-327. - Duration of conditional use permits.#

(a) Validity.

a. Another period of validity is established by the Board at the time of approval, or

(2) An extension after one (1) year is not necessary for:

a. A nonconforming use already established on the property that is required to obtain a conditional use permit to expand their use, or

b. An amendment of an approved conditional use permit for an existing use.

(b) Extensions.

(1) The Board may approve a request for an extension of time for the validity of a conditional use permit in accordance with the following:

a. A request for an extension of time shall be filed in writing, on forms prescribed by the zoning administrator, prior to the expiration date of the permit.

(2) If a request for an extension is timely filed, the conditional use permit shall remain valid until a request for additional time is acted upon by the Board, subject to the following:

b. Each extension may not exceed two (2) years.

c. The extension period begins on the date that the Board grants the extension.

(1) A conditional use permit shall expire:

a. Upon the expiration of any time period imposed by the Board at the time of approval of the conditional use permit;

b. If the use or construction has not commenced in accordance with these provisions;

c. If the use or activity for which a conditional use permit was approved should cease for any reason for a period of two (2) years or more.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 23-16, § 1, 11-8-23)

Section 26-328. - Revocation.#

The grounds for the proposed revocation;
The date, time and place of the public hearing.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-329. - Purpose.#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-330. - Application requirements.#

(c) Applications shall be filed on forms prescribed by the zoning administrator and shall include information required by the zoning administrator.

(d) Whenever an application has been denied by the board, such application, or one (1) that is substantially the same, shall not be reconsidered sooner than one (1) year after the previous denial.

If the zoning administrator finds that any additions, deletions or modifications are necessary for a required sketch plan that was submitted with an application, the applicant shall submit a revised plan no less than twenty-one (21) calendar days prior to the public hearing before the board.
No sketch plan that is required by the district regulations shall be considered at a public hearing before the board unless the submission of the plan, or revisions to the plan, complies with the provisions of this section.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 24-09, § 11, 1-22-25; Ord. No. 25-10, § 8, 8-27-25)

Section 26-331. - Information required on sketch plans.#

In addition to the application requirements set forth in section 2 above, applications for special exceptions shall be accompanied by a sketch plan, which shall show the following:

The proposed title of the project, the name of the developer, and the name of the preparer of the plan.
The north point, scale, and date. The scale of the sketch plan shall not more than 200″:1.
The boundaries of the property involved; County or town boundaries; property lines; existing streets, buildings, and waterways; areas affected by Chesapeake Bay preservation requirements; and major tree masses.
The general location and character of construction of proposed parking lots, driveways, curb cuts, entrances, and exits.
The locations of all proposed buildings and structures.
The general locations, heights, and materials of all fences, walls, screen plantings, berms, and landscaping.
Any additional information required by the zoning administrator.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-332. - Review, approval and amendment.#

(b) A special exception may only be granted if the Board makes the following findings:

The proposed use or proposed modification of generally applicable regulations is compatible with the character of the surrounding area;
The proposed use or proposed modification will not produce noise, odor, vibration, or glare beyond that which is generally produced by uses that are permitted by right in the applicable zoning district;
The proposed use or proposed modification will not create traffic congestion and will not impair the safe and efficient travel along the county's road network;
The proposed use or proposed modification will not diminish the view shed as seen from the public right-of-way, or unreasonably impact historic or natural resources;
The proposed use or proposed modification will not impair the public health, safety, and general welfare;
The approval of the special exception is consistent with good zoning practices and the comprehensive plan; and
All other additional requirements for a proposed use or proposed modification that are set forth elsewhere in this chapter are satisfied.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 18-03, § 3, 4-25-18)

Section 26-333. - Substantial conformity with approved sketch plan.#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-334. - Special exceptions for certain uses.#

Exceptions to parking and loading requirements as follows:

a. Waiver or reduction of the loading requirements in any district whenever the character or use of the building is such as to make unnecessary the full provision of loading facilities.

b. Waiver or reduction of loading space requirements where adequate community loading facilities are provided.

c. Waiver or reduction of loading space requirements for uses which contain less than ten thousand (10,000) square feet of floor area where construction of existing buildings, problems of access, or size of lot make impractical the provision of required loading.
Temporary field offices and trailers for business purposes not in conjunction with retail sales and where no part of said field office will be used for living quarters.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-335. - Special exceptions for width in R-1, R-2, and R-3 Districts.#

A special width exception may be approved by the Board to allow an exception to lot width in any R-1, R-2, or R-3 district. Applications for special exceptions shall be made on a form provided by the zoning administrator. An exception may only be granted if:

An existing dwelling fronts on an existing public road;
No additional access is created to the public road upon which the lot fronts; and
The Board makes the following additional findings:

a. That an exception would enhance the orderly development of the area; and

b. That the granting of the exception will not endanger the public safety, or in any other respect impair the health, safety, comfort, and welfare of the inhabitants of the County.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-336. - Special exceptions for height.#

The Board may, upon application, permit an exception to the maximum height provided in each zone, subject to the following procedures and limitations:

Any application for a special height exception shall be made and processed in the same manner as an application for a special use exception and subject to the rules for same by the Board.
An application for a special height exception shall be considered by the Board only after a public hearing following adequate notice as provided for by state law.
An exception to the height limit shall be granted only where the Board finds that such exception will not impair the appropriate use and enjoyment of surrounding property nor derogate from the intent and purpose of this Ordinance.
No exception shall be granted which would allow encroachment into a "controlled airspace" (as defined). No exception shall be granted which allows a structure located within ten thousand (10,000) feet of any airport runway to exceed an elevation which is one hundred fifty (150) feet above the elevation of the lower end of the airport runway.
In granting a special height exception, the Board may impose such conditions as may be necessary to reduce the impact of the building or structure for which the exception is requested. The Board may also impose such conditions as may be necessary to maintain the character of the zoning district.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-337. - Special Exceptions for landscaping.#

Exceptions to the buffer, access, front yard, and landscaping requirements may be granted by the Board in accordance with the procedures set out in this Ordinance. Applications shall be made on a form provided by the zoning administrator and shall be accompanied by a sketch plan of the proposed development. An exception may be granted if the Board makes the following findings:

That an exception to access requirements would not unreasonably lower the level of service on affected roads;
That the design and location of proposed access points are compatible with existing access on the site of the proposed development and on affected streets;
That the granting of the exception for access, front yards, or buffers will not substantially affect adversely the use of adjacent and neighboring property;
That the granting of the exception for landscaping will avoid the unnecessary replacement of existing landscaping and other improvements on-site and will not result in unsafe traffic circulation patterns on site;
That the purpose for which the front yard reduction is requested is appropriate in the context of the request, and the reduction is necessary for reasons other than convenience; and
That the granting of the exception for access, landscaping, front yards, or buffers will not endanger the public safety, or in any other respect impair the health, safety, comfort, and welfare of the inhabitants of the County.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-338. - Special exceptions for signs.#

Any request for a variation in the permitted height, area, location, or number of signs in any district may be granted as a special exception by the Board in accordance with the procedures, set out in this Ordinance. An exception may be granted if the Board makes the following findings:

That an exception would not unreasonably affect nor inhibit the movement of traffic on surrounding roads;
That the proposed design and location of the signs(s) are compatible with existing signs and sign locations on surrounding properties;
That the granting of the exception will not adversely affect the use of adjacent and neighboring property;
That the granting of the exception will neither reduce, nor affect the placement of, required landscaping on-site and will not result in unsafe traffic patterns on site; and
That the granting of the exception will not endanger the public safety, nor in any other respect impair the health, safety, comfort, and welfare of the inhabitants of the County.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-338.1. - Standards for special exceptions for properties in areas designated as Rural Village in the Comprehensive Plan.#

Exceptions allowing for multiple use structures or the reduction in required front yard setbacks in those areas designated on the General Land Use Plan of the Comprehensive Plan as Rural Village may be granted by the Board in accordance with the provisions set forth in this section. Applications shall be made on a form provided by the zoning administrator and shall be accompanied by a sketch plan of the proposed development. An exception may be granted if the Board makes the following findings:

That the new structure or the expansion of an existing structure shall be located outside of the ultimate right-of-way and is compatible with the prevailing setbacks along the road on which the subject property fronts;
That the scale and character of the proposed structure or the expansion of the existing structure is compatible with the surrounding development;
That the purpose for which the front yard reduction is requested is appropriate in the context of the physical setting, and the reduction is necessary for reasons other than convenience;
That the granting of the exception for front yard setbacks will not adversely affect the use of adjacent and neighboring property; and
That the granting of the exception shall not impair the health, public safety, and general welfare.

(Ord. No. 16-13, § 6, 2-8-17)

Section 26-339. - Duration of special exception permits.#

(a) Validity.

a. Another period of validity is established by the Board at the time of approval, or

(2) An extension after one (1) year is not necessary for:

a. A nonconforming use already established on the property that is required to obtain a special exception permit to expand their use, or

b. An amendment of an approved special exception permit for an existing use.

(b) Extensions.

(1) The zoning administrator may approve a request for an extension of time for the validity of a special exception in accordance with the following:

a. A request for an extension of time shall be filed in writing, on forms prescribed by the zoning administrator, prior to the expiration date of the special exception.

b. Each extension may not exceed two (2) years.

c. The extension period begins the date the zoning administrator grants the extension.

(3) A decision made by the zoning administrator regarding the extension of a special exception may be appealed to the Board.

(1) A special exception permit shall expire:

a. If the period of time approved by the Board for the duration of the special exception expires;

b. If the use or construction has not commenced in accordance with these provisions, and no extension has been granted in accordance with subsection (b);

c. If the use or activity for which a special exception was approved should cease for any reason for a period of two (2) years or more.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 23-16, § 2, 11-8-23)

Section 26-340. - Revocation.#

The grounds for the proposed revocation;
The date, time and place of the public hearing.

(c) The provisions of this section shall not be deemed to preclude the use of any other available remedy with respect to violations of the conditions imposed as part of the approval of the special exception permit or provisions of this Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-341. - Enforcement.#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-342. - Building permit required.#

No building shall be erected, constructed, altered, moved, converted, extended, or enlarged, without the owner or owners first having obtained a building permit. Such permit shall require conformity with the provisions of this Ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-343. - Previously issued building permits.#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-344. - Plats#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-345. - Certificates of Occupancy.#

(a) No vacant land shall be occupied or used, except for agricultural uses associated with the conduct of a farm, until a certificate of occupancy shall have been issued by the zoning administrator.

(e) The zoning administrator may issue temporary certificates of occupancy for single-family residences before the off-street parking required by the Zoning Ordinance shall have been completed, provided such temporary certificate shall be valid for a period not to exceed ninety (90) days. No such temporary certificate shall be issued until and unless appropriate surety shall have been posted with the zoning administrator in an amount sufficient to guarantee the cost of providing such off-street parking. No temporary certificate of occupancy shall be issued for a residence in a planned unit development, a subdivision for which proffers were accepted by the Board, or a multi-family zoning district, or for structures or uses requiring conditional uses or special exception approval.

The owner or developer shall have completed a performance agreement guaranteeing the completion of the improvements within a period of six (6) months from the issuance of the temporary permit and shall have provided security in the form of a cash or surety bond or letter of credit approved by the County Attorney as to form and approved by the zoning administrator as to content.
The development shall meet all requirements of the Hanover County Code, including the zoning and subdivision ordinances, and all required improvements other than paving or landscaping shall be complete.

The contract for construction of the water facilities by which service will be provided to the subdivision in which the building(s) or use(s) is located shall have been awarded prior to the date of issuance of the temporary certificate of occupancy, and temporary water service to the building(s) or use(s) shall be provided and shall be approved by the Health Department.
The development shall meet all requirements of the Hanover County Code, including the zoning and subdivision ordinances, and all required improvements shall be complete, including facilities within the subdivision which are necessary for connection to the public water system and service within the subdivision.
The temporary certificate of occupancy shall be effective until the water facilities are complete.

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-346. - Authority of zoning administrator to enforce provisions of Zoning Ordinance.#

(Ord. No. 12-08, § 3, 1-9-13)

Section 26-347. - Violation of provision of Zoning Ordinance; notice of violation.#

(1) A civil penalty, as provided for in section 26-348; or

(2) Criminal penalties, as provided for in section 26-349, when:

a. The amount of civil penalties for a series of violations arising from the same set of operative facts exceeds five thousand dollars ($5,000.00), or

b. A violation results in injury to any person.

(1) the date of the notice;

(2) the basis for the decision;

(4) The time within which the violation shall be abated.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-11, § 1, 11-10-15)

Section 26-348. - Civil penalties.#

(a) Any person who violates or fails to comply with any of the provisions or requirements of the Zoning Ordinance as described in section 26-347 shall be subject to a civil penalty of two hundred dollars ($200.00) for the initial summons or ticket, and a civil penalty of five hundred dollars ($500.00) for each additional summons or ticket arising from the same set of operative facts.

(e) A civil summons or ticket issued shall contain the following information:

The name and address of the person charged.
The nature of the violation and the section provision(s) being violated.
The location, date and time that the infraction occurred or was observed.
The amount of the civil penalty assessed for the violation.
The manner, location and time in which the civil penalty may be paid to the county.
The right of the recipient of a civil summons to elect to stand trial for the violation, and either the date scheduled for such trial or the date for scheduling of such trial by the court.

(k) This section shall not be construed to allow the imposition of civil penalties for:

Activities related to land development where, for the purposes of this section, the term "land development" means a human-made change to, or construction on, the land surface including, but not limited to, land disturbing activity within the meaning of chapter 10 of the Hanover County Code or the construction of buildings, structures or improvements under an approved site plan or subdivision plat, but does not mean the land development project's compliance with this chapter; and
The violation of any provision of the Hanover County Code relating to the posting of signs on public property or public rights-of-way.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-11, § 2, 11-10-15)

Section 26-349. - Criminal penalties.#

Any person who violates or fails to comply with any of the provisions or requirements of the zoning chapter as set described in section 26-347 and:

The violation or failure to comply results in injury to any person, or
The violation or failure to comply occurs after the five thousand dollar ($5,000.00) maximum aggregate civil penalty provided in section 26-347 has been reached,

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 15-11, § 3, 11-10-15)

Chapter 6

ARTICLE 6 - Administration and Enforcement#

DIVISION 1. - Procedural requirements; Amendments to Zoning Ordinance and Zoning Map.#

Section 26-302. - Initiation of amendments.#

Section 26-303. - Report from Planning Commission.#

Section 26-304. - Notice and Hearings.#

Section 26-305. - Notice to adjacent jurisdictions.#

Section 26-306. - Applicant may submit proposed proffers.#

Section 26-307. - Procedure for submission and acceptance of proffers.#

Section 26-308. - Information required on conceptual plans.#

Section 26-309. - Revision after hearing.#

Section 26-310. - One year limitation for reconsideration.#

Section 26-311. - Payment of filing fees.#

Section 26-312. - Refund of fees.#

Section 26-313. - Additional fees for readvertisement.#

Section 26-314. - Certain entities exempt from payment of filing fees.#

DIVISION 2. - Site Plans.#

Section 26-315. - Purpose.#

Section 26-316. - Agent for site plan approval.#

Section 26-317. - Uses and activities which require a site plan.#

Section 26-318. - Review and approval procedures.#

Section 26-319. - Information required on site plans.#

Section 26-320. - Amendments.#

DIVISION 3. - Conditional Use Permits.#

Section 26-321. - Purpose.#

Section 26-322. - Application requirements.#

Section 26-323. - Information required on sketch plans.#

Section 26-324. - Review, approval and amendment.#

Section 26-325. - Substantial conformity with approved sketch plan.#

Section 26-326. - Site plan required for all conditional use permits.#

Section 26-327. - Duration of conditional use permits.#

Section 26-328. - Revocation.#

DIVISION 4. - Special Exception Permits.#

Section 26-329. - Purpose.#

Section 26-330. - Application requirements.#

Section 26-331. - Information required on sketch plans.#

Section 26-332. - Review, approval and amendment.#

Section 26-333. - Substantial conformity with approved sketch plan.#

Section 26-334. - Special exceptions for certain uses.#I-1I-2

Section 26-335. - Special exceptions for width in R-1, R-2, and R-3 Districts.#R-1

Section 26-336. - Special exceptions for height.#

Section 26-337. - Special Exceptions for landscaping.#

Section 26-338. - Special exceptions for signs.#

Section 26-338.1. - Standards for special exceptions for properties in areas designated as Rural Village in the Comprehensive Plan.#

Section 26-339. - Duration of special exception permits.#

Section 26-340. - Revocation.#

DIVISION 5. - Enforcement.#

Section 26-341. - Enforcement.#

Section 26-342. - Building permit required.#

Section 26-343. - Previously issued building permits.#

Section 26-344. - Plats.#

Section 26-345. - Certificates of Occupancy.#

Section 26-346. - Authority of zoning administrator to enforce provisions of Zoning Ordinance.#

Section 26-347. - Violation of provision of Zoning Ordinance; notice of violation.#

Section 26-348. - Civil penalties.#

Section 26-349. - Criminal penalties.#

Article 6. - Site Plans and Conditional Uses#

Division 1. - Generally#

Section 26-309. - Revision after hearing.#

Section 26-310. - One year limitation for reconsideration.#

Section 26-311. - Payment of filing fees.#

Section 26-312. - Refund of fees.#

Section 26-313. - Additional fees for readvertisement.#

Section 26-314. - Certain entities exempt from payment of filing fees.#

Division 2. - Site Plans#

Section 26-315. - Purpose.#

Section 26-316. - Agent for site plan approval.#

Section 26-317. - Uses and activities which require a site plan.#

Section 26-318. - Review and approval procedures.#

Section 26-319. - Information required on-site plans.#

Section 26-320. - Amendments.#

Division 3. - Conditional Uses#

Section 26-321. - Purpose.#

Article 26. Conditional Use Permits and Special Exceptions#

Section 26-322. - Application requirements.#

Section 26-323. - Information required on sketch plans.#

Section 26-324. - Review, approval and amendment.#

Section 26-325. - Substantial conformity with approved sketch plan.#

Section 26-326. - Site plan required for all conditional use permits.#

Section 26-327. - Duration of conditional use permits.#

Section 26-334. - Special exceptions for certain uses.#I-1 I-2