Chapter 34 - ZONING#

Footnotes:#

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Federal law references—Preservation of local zoning authority concerning wireless telecommunications facilities, 47 USC 332(c)(7); limited Federal preemption of state and local zoning laws affecting amateur radio facilities, Memorandum Opinion and Order, PRB-1, 101 FCC 2d 952 (1985) and 47 CFR 97.15(b); Religious Land Use and Institutionalized Persons Act, 42 USC 2000cc et seq.

State Law reference—Zoning, Code of Virginia, § 15.2-2280 et seq.; regulations to be uniform, Code of Virginia, § 15.2-2282; preservation of historical sites and architectural areas, Code of Virginia, § 15.2-2306; local government authority to exercise zoning power to protect state waters consistent with Chesapeake Bay Preservation Act, Code of Virginia, § 62.1-44.15:73; model airport safety zoning ordinance, 24 VAC 5-20-400, Appendix A.

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Sec. 34-1. - Purpose.#

(a) This chapter is enacted for the general purpose of promoting the health, safety and general welfare of the public and of further accomplishing the objectives of Code of Virginia, § 15.2-2200.

(b) By act of the general assembly of the state as provided in Code of Virginia, § 15.2-2281, as amended, the town council of any municipality may, by ordinance, classify the territory under its jurisdiction, or any substantial portion thereof into districts of such number, shape, and size as it may deem best suited to carry out the purpose of the Code of Virginia, and in each district it may regulate, restrict, permit, prohibit, and determine the following:

(1) The use of land, buildings, structures and other premises for agriculture, business, industrial, residential, floodplain and other specific uses;

(2) The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing, or removal of structures;

(3) The areas and dimensions of land, water, and air space to be occupied by buildings, structures and uses, and of courts, yards, and other open spaces to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used;

(4) The excavation or mining of soil or other natural resources.

(c) The purpose of this chapter is:

(1) To provide for adequate light, air, convenience of access, and safety from fire, flood, and other dangers;

(2) To reduce or prevent congestion in the public streets;

(3) To facilitate the creation of a convenient, attractive and harmonious community;

(4) To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, forests, parks, playgrounds, recreation facilities, airports, and other public requirements;

(5) To protect against destruction of or encroachment upon historic areas;

(6) To protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, panic, or other dangers;

(7) To encourage economic development activities that provide desirable employment and enlarge the tax base;

(8) To provide for the preservation of agricultural and forest lands;

(9) To protect approach slopes and other safety areas of licensed airports; and

(10) To protect surface water and groundwater in accordance with applicable state water quality standards;

(d) The ordinance from which this chapter is derived was adopted as the zoning ordinance of the town, together with its accompanying zoning map, by the town council effective November 15, 1991.

(Code 1973, ch. 17, preface)

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Sec. 34-2. - Title.#

This chapter shall be known and may be cited as the "Zoning Ordinance of Urbanna, Virginia."

(Code 1973, § 17-1.1)

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Sec. 34-3. - Application.#

This chapter shall apply to the incorporated territory of the town. It is the intent of this chapter that the extent of its applicability be automatically changed in accordance with the provisions hereof or provisions of state law which may affect the applicability of this chapter.

(Code 1973, § 17-1.2)

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Sec. 34-4. - Purpose.#

The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan, to promote, in accordance with present and future needs, the health, safety, and general welfare of the citizens of the town. This zoning chapter and districts have been drawn and applied with reasonable consideration for the existing use and character of property, the comprehensive plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, recreation areas and other public services, the conservation of natural resources, the preservation of floodplains, the preservation of agricultural and forest lands, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the incorporated territory of the town.

(Code 1973, § 17-1.3)

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Sec. 34-5. - Interpretation.#

It shall be the responsibility of the zoning administrator to interpret the provisions of this chapter as provided herein.

(1) In the interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

(2) Where the conditions imposed by any provisions of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

(3) This chapter is not intended to abrogate any easement, covenant or any other private agreement; provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easement, covenants or other private agreements, the requirements of this chapter shall govern.

(4) No building, structure or use which was not lawfully existing on November 15, 1991, shall become or be made lawful solely by reason of the adoption of this chapter; and to the extent that, and in any manner that such unlawful building, structure or use is in conflict with the requirements of this chapter, such building, structure or use remains unlawful hereunder.

(5) Where requirements are deemed vague or unclear relative to a particular situation, the zoning administrator, or his agent, shall be responsible for interpreting the provisions of the chapter.

(6) For the purposes of this chapter, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the lists or other regulations of this chapter, uses not specifically listed are prohibited.§

(7) For interpretation of terms and words in this chapter, reference should be made to article III of this chapter.

(Code 1973, § 17-1.4)

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Sec. 34-6. - Repeal of conflicting ordinances.#

All ordinances or parts of ordinances in conflict with this chapter are hereby repealed.

(Code 1973, § 17-1.5)

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Sec. 34-7. - Conformance with regulations required.#

No building or land shall hereafter be used, and no building or part thereof shall be erected, reconstructed, converted, enlarged, moved, or structurally altered unless in conformity with the regulations as set forth in this chapter. Permits approved prior to adoption of this chapter are considered transition permits and are subject to provisions described in article IX of this chapter.

(Code 1973, § 17-3.1)

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Sec. 34-8. - Location of a lot required.#

Every building erected, reconstructed, converted, moved or structurally altered shall be located on a lot of record and in no case shall there be more than one main building on one lot unless otherwise provided in this chapter.§

(Code 1973, § 17-3.2)

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Sec. 34-9. - Vacation of boundary lines.#

The town may provide, as part of its subdivision chapter, that boundary lines of any lot or parcel of land may be relocated or otherwise altered as a part of an otherwise valid and properly recorded plat provided such action does not involve the relocation or alteration of streets, alleys, easements, or other public areas.

(Code 1973, § 17-3.3)

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Sec. 34-10. - Street frontage required.#

No lot shall be used in whole or in part for dwelling purposes unless such lot abuts upon a street, alley or permanent easement§ in accordance with the minimum street frontage requirements of this chapter or is part of an approved planned unit development. No lot or parcel of land abutting the terminus of a public street shall be deemed to comply with street frontage requirements unless such lot abuts on an approved permanent cul-de-sac.§

(Code 1973, § 17-3.4)

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Sec. 34-11. - Encroachment; reduction of lot area.#

The minimum yards, parking space, open spaces, including lot area per family or dwelling unit, required by this chapter for each and every building existing at the time of the passage of these regulations or for any building hereafter erected, shall not be encroached upon or considered as required yard or open space for any other building, except as hereinafter provided, nor shall any lot area or lot dimensions be reduced by private action below the requirements of these regulations.§

(Code 1973, § 17-3.5)

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Sec. 34-12. - Floodplain and water areas.#

No more than 30 percent of the required minimum area of any lot shall be located in a floodplain area§ and no part of the area of any lot shall be covered by any body of water except that no more than 30 percent of the required minimum area of any lot may be covered by the waters of a lake, pond, or canal planned and approved as a part of and wholly within the subdivision§.

(Code 1973, § 17-3.6)

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Sec. 34-13. - Accessory buildings; prior construction and use.#

Except for buildings accessory to a farm, no accessory building shall be constructed upon a lot for more than six months prior to beginning construction of the main building§ and no accessory building shall be used for more than six months unless the main building on the lot is also being used or unless the main building is under construction§. No accessory building, on a farm or otherwise, shall be used for dwelling except in accord with the specific provisions of this chapter.§

(Code 1973, § 17-3.7)

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Sec. 34-14. - Use of certain facilities for dwelling not permitted.#

Travel trailers, campers, motor homes, other recreation vehicles, tents, camp cabins and the like shall not be used for permanent or full-time dwellings in any district§, whether or not connected to utilities, wells or septic systems, except as permitted by the terms of this chapter.

(Code 1973, § 17-3.8)

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Sec. 34-31. - Official zoning map.#

(a) The location and boundaries of the zoning districts established by this chapter are as indicated on a map entitled, "Official Zoning Map, Urbanna, Virginia," identified by the signature of the mayor of the town, attested to by the clerk, together with the date of adoption of this chapter. Said map shall be deemed a part of this chapter as if it were fully set forth herein.

(b) Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the office of the town administrator, shall be the final authority as to the current zoning status of land, structures, and other uses in the town.

(Code 1973, § 17-2.1)

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Sec. 34-32. - Amendment of the official zoning map.#

Whenever any amendment is made to the official zoning map by action of the town council, such change shall be incorporated onto said map at such time and in such manner as the town council prescribes. The mayor shall affix his signature thereto, thereby certifying that approved amendments to the official zoning map have been correctly incorporated. The date of official action and nature of the change shall be entered on the map. Any such change shall have the effect of law at 12:01 a.m. on the day following its legal adoption or on its effective date, if such effective date is officially established as other than the day following its legal adoption, whether or not it has been shown on the official zoning map.

(Code 1973, § 17-2.2)

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Sec. 34-33. - Unauthorized changes.#

No changes of any nature shall be made on the official zoning map or any matter shown thereon, except in conformity with the procedures and requirements of this chapter. It shall be unlawful for any person to make unauthorized changes on the official zoning map. Violations of this provision shall be punishable as provided in section 34-736.

(Code 1973, § 17-2.3)

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Sec. 34-34. - Replacement of the official zoning map.#

(a) In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the town council may by ordinance adopt a new official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendments thereof.

(b) The new official zoning map shall be identified by the signature of the mayor of the town, attested by the clerk, and bear the following words: "This is to certify that this official zoning map was adopted on as part of the Zoning Chapter of Urbanna, Virginia." Unless the prior official zoning map has been lost, or totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(Code 1973, § 17-2.4)

Article III. - Zoning Districts and General Provisions#

Sec. 34-35. - Establishment of districts.#B-1

(a) In order to regulate and restrict the location and use of buildings and land, to promote the health safety or general welfare of the citizens of the town in trade, industry, residence, and other purposes in accordance with the objectives of the comprehensive plan, the following zoning districts are hereby established:

(1) R-1 Low Density Residential.

(2) R-2 High Density Residential.

(3) B-1 General Commercial.

(4) B-2 Special Waterfront Mixed Use.

(5) M-1 Light Industrial.

(b) The purpose statements which accompany each district are intended to describe in a general way the character of uses to be encouraged in the district, to assist with selection of appropriate districts for application to various conditions of land use, existing or planned, and to assist with interpretation of questions which may arise with respect to particular land uses in particular locations. In any case of difference between the purpose statement and the use regulations for the district, the use regulations shall control.

(Code 1973, § 17-2.5)

Sec. 34-36. - Special district.#CB-1F-1H-1

The districts outlined in section 34-35 may also be within special overlay districts. These special districts include:

(1) H-1: Historic Preservation.

(2) F-1: Flood Plain.

(3) CB-1: Chesapeake Bay Preservation Area.

(Code 1973, § 17-2.6)

Sec. 34-37. - Interpretation of district boundaries.#

(a) A district name or letter-number combination shown on the district maps indicates that the regulations pertaining to the district designated by that name or letter-number combination extend throughout the whole area in the town bounded by the district boundary lines within which such name or letter-number combination is shown or indicated, except as otherwise provided by this section.

(b) Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of these regulations the following rules apply:

(1) Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines, or highway right-of-way lines, such centerlines, street lines or highway right-of-way lines shall be construed to be such boundaries;

(2) Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines, or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the official zoning map;

(3) Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; and

(4) Where a district boundary is indicated to follow a river, creek, branch or other body of water, said boundary shall be construed to follow the centerline at low water or at the limit of the jurisdiction, and in the event of change in the shoreline such boundary shall be construed as moving with the actual shoreline.

(c) If no distance, angle, curvature description or other means is given to determine the boundary line accurately, and the foregoing provisions do not apply, the boundary line shall be a property line or extension of a property line determined by the scale shown on the official zoning map. In case of subsequent dispute, the matter shall be referred to the board of zoning appeals, which shall determine the boundary.

(Code 1973, § 17-2.7)

Sec. 34-38. - Regulations of areas under water.#

All areas within the town which are under water are considered to be within a zoning district and controlled by applicable district regulations. District boundaries over water areas are located by noted or scaled dimensions, by relation to physical features, by coincidence with town limits, or by a straight line projection of the district boundaries as indicated on the district maps. Straight line district boundaries over water areas shall be assumed to continue as straight lines until they intersect with each other or with the town limit line.

(Code 1973, § 17-2.8)

Sec. 34-39. - Annual revision of zoning map.#

Copies of the official zoning map, clearly showing the zoning district boundaries and zoning district names and designations for the incorporated area of the town, shall be made available to the public. At the end of each calendar year, if there have been any changes in the official zoning map or maps, zoning district boundaries, special use permits, zoning conditions or classifications in the preceding year, such publicly available map or maps shall be revised no later than March 31 of the following year, reflecting all such changes as of December 31 of that preceding year.

(Code 1973, § 17-2.9)

Sec. 34-40. - Information copies of zoning district map.#

(a) Information copies of the zoning map shall be made available for inspection at the office of the administrator and such other locations as may be necessary or convenient. These maps shall be revised as described above, to show changes in zoning district boundaries as officially approved.

(b) Drafting errors or omissions may be corrected, but no changes in zoning district boundaries may be made except to show amendments properly adopted by the town council.

(c) Any person desiring a copy of said zoning map shall pay a reasonable fee as established by the town administrator for each copy thereof, to the appropriate town official.

(Code 1973, § 17-2.10)

Sec. 34-41. - Periodic review.#

As Code of Virginia, § 15.2-2230 requires the review of the town's comprehensive plan at least once every five years, the planning commission and the board of zoning appeals should review the zoning regulations, and the zoning map or map and its boundaries, to determine whether it is advisable to amend the regulations or the map, or both, to bring them in accord with the objectives of the revised comprehensive plan. The commission and the board shall submit reports on their findings to the town council. In the preparation of these reports, the commission and the board shall consult with officials in the town responsible for the administration of this chapter and such other persons as they believe may contribute to the review.

(Code 1973, § 17-2.11)

Sec. 34-42. - Interim zoning of annexation areas.#

Pursuant to Code of Virginia, § 15.2-2286, all land which shall come into the territorial jurisdictions of the town shall be classified R-1 Low Density Residential District for such reasonable time until changed by amendments, in order to provide for reasonable orderly interim regulation of use and development of land within the said annexation area.

(Code 1973, § 17-2.12)

Article IV. - Definitions#

Sec. 34-73. - Interpretation of terms or words.#

(a) For the purpose of this chapter, certain terms or words used herein shall be interpreted as follows:

(1) The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary.

(2) Words used in the present tense include the past and future tenses, and the future the present.

(3) The term "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

(4) The term "shall" is a mandatory requirement; the term "may" is a permissive requirement, and the term "should" is a preferred requirement.

(5) The term "used" or "occupied" includes the term "intended, designed, or arranged to be used or occupied."

(6) The term "lot" includes the terms "plot" or "parcel."

(7) The terms "main" and "principal" as used herein are interchangeable.

(8) The term "building" or "structure" includes any part thereof, and the term "building" includes the term "structure."

(9) Words and terms not defined herein shall be interpreted in accord with their normal dictionary meaning and customary usage.

(b) For state law definitions relating to zoning, see Code of Virginia, § 15.2-2201.

(Code 1973, § 17-13.1)

Sec. 34-74. - Terms defined.#

(a) Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Access parking court means an access court is a group of parking spaces served directly by a private accessway or drive which has only an access connection to a public or private street, and serves no more than 50 units.

Accessory building or structure means an accessory building or structure is a subordinate building or a portion of the main building, the use of which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this chapter) is located on the same lot as the main building or principal use of the land.

Accessory dwelling unit means a subordinate dwelling unit in a main building or accessory building as approved by special use permit§.

Accessory use means an accessory use is one which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this chapter) is located on the same lot as the principal use of the premises. When the term "accessory" is used in this chapter, it shall have the same meaning as "accessory use."

Acreage means a parcel of land, or an area of land, which is not a numbered lot on any recorded subdivision plat.

Administrator means the town zoning administrator, who is the official, appointed by the town council, charged with the enforcement of this chapter.

Agriculture means the raising of crops and food; the tilling of the soil including fiber production, horticulture, and gardening; forestry; but does not include agricultural industry or business such as fruit packing plants, dairies, or similar uses and does not include the keeping of animals, livestock or fowl.

Alley means a public or private way less than 30 feet in width and affording secondary means of access to abutting property.

Alteration means any change in the total floor area, use, adaptability, or external appearance of an existing structure.

Apartment means a part of a building containing cooking and housekeeping facilities, consisting of a room or suite of rooms intended, designed, and used as a residence by an individual or a single family.

Automobile, mobile home, and recreational vehicle sales and service means the sale or rental of new and used motor vehicles, mobile homes, recreational vehicles or farm implements displayed or sold on the premises.

Automobile salvage or wrecking yard means a business or land use which is used for the storage or dismantling of damaged, inoperative, or obsolete vehicles or for the sale of such vehicles or the salvaged parts therefrom.

Basement means a story having 50 percent or more of its height below grade. A basement shall not be counted as a story for the purpose of height regulations if it is used for business purposes or for dwelling purposes by other than a janitor employed on the premises.

Bed and breakfast means a single-family, owner-occupied building, where for compensation and by prearrangement and for no more than one week, lodging, or lodging and a breakfast are provided for persons who are generally tourists or visitors to the area. The term "bed and breakfast" is limited to a maximum of five units.

Block means that property fronting on one side of a street or road and lying between two intersecting streets or roads or otherwise limited by a right-of-way, a waterway, an un-subdivided tract or any other physical barrier of such nature as to interrupt the continuity of development.

Board means the board of zoning appeals.

Boardinghouse or roominghouse means a building where lodging and meals are provided for compensation for at least three and not more than nine persons who are not transients.

Buffer zone means land area used to separate one use from another, or to absorb runoff or shield properties from dust, noise, lights or other such effects and to provide space for screening, all in accordance with the requirements of this chapter.

Building means any structure having a roof supported by columns, or walls, built for the support, enclosure, shelter, or protection of persons, animals, chattels or property of any kind, except a tent, mobile home or manufactured home. The term "building" includes the term "structure."

Building height means the vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between eaves and ridge for shed, gable, hip and gambrel roofs.

Building line or building setback line means a line within a lot, so designated on a plat of subdivision, between which line and the exterior property lot lines no building or structure may be erected.

Building, principal means a building in which is conducted the main or principal use of the lot on which said building is situated.

Business, convenience means commercial establishments which cater to and can be located in close proximity to or within residential districts without creating undue vehicular congestion, excessive noise, or other objectionable influences. To prevent congestion, the term "business convenience" includes dry cleaning and laundry facilities, and grocery stores, if less than 10,000 square feet in floor area. Uses in this classification tend to serve a day-to-day need in the neighborhood.

Business, general means commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which serve day-to-day needs of the community, as well as supplying the more durable and permanent needs of the whole community. The term "general business" includes, but is not limited to, such activities as supermarkets; stores that sell hardware, apparel, footwear, appliances, and furniture; department stores; and discount stores.

Business, highway means commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which tend to serve the motoring public. The term "highway business" includes, but is not limited to, such activities as garage service stations; truck and auto sales and service, restaurants and motels.

Business, office type means quasi-commercial uses which may often be transitional between retail business and/or manufacturing, and residential uses. The term "office business" generally includes such occupations as administrative, executive, professional, accounting, writing, clerical, stenographic, and drafting. Institutional offices of a charitable, philanthropic, or religious or educational nature are also included in this classification.

Business, services means any profit-making activity which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes and businesses.

Business, wholesale means business establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.

Central water and/or sewer system means a water or sewer system owned and operated by the town, or owned and operated by a private individual or a corporation properly licensed by the state or corporation commission and meeting all standards of the state department of health and/or state water control board.

Clinic means an establishment where patients are admitted for examination or treatment by physicians or dentists on an outpatient basis, i.e., no overnight facilities.

Club or lodge means a building or portion thereof or premises owned or operated for a social, literary, political, educational, or recreational purpose primarily for the exclusive use of members and their guests.

Commercial entertainment facilities means any profit-making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, and similar entertainment activities.

Commission means the planning commission of the town.

Conditional use means a use listed and legally permitted under the former zoning chapter, which allowed for special uses to be permitted with special conditions, following a formal review and approval process of the town council. Legally permitted conditional uses at the time of enactment of these revisions become nonconforming uses but are still permitted in each instance.

Conditional zoning means the classification of land into districts by legislative action, including the allowing of reasonable conditions governing the use of such property; such conditions being in addition to the regulations provided for a particular zoning district by this chapter.

Condominium means real property and any incidentals thereto or interest therein which have been or are to be lawfully established as such under the Virginia Condominium Act.

Convalescent, nursing or rest home means any institution licensed by the state, whether conducted for charity or for profit, which is advertised, announced or maintained for the express or implied purpose of caring for two or more non-related persons admitted thereto for the purpose of nursing or convalescent care. The term "nursing and convalescent care" includes care given because of prolonged illness or defect or during the recovery from injury or disease, and includes any and all of the procedures commonly employed in waiting on the sick, such as administration of medicine, preparation of special diets, giving of bedside care, application of dressing and bandages, and the carrying out of treatments prescribed by a duly licensed practitioner of medicine.

Day nursery or child day care center means facilities or programs licensed by the state for the care of more than four children away from their own home for any part of a 24-hour day, for compensation or otherwise.

Density, residential means unless otherwise specified, the number of dwelling units per gross acre of residential land area, with gross acres including all the land area, including streets, easements, and open space portions of a developed site.

Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations.

Disabled vehicle means a motorized vehicle which is inoperative, or has been parked or abandoned in an inappropriate location for a period longer than 72 hours.

District means districts, as established by this chapter, and referenced in Code of Virginia, § 15.2-2281, as amended.

Dwelling, multifamily means a building consisting of three or more dwelling units, including condominiums and apartments, with varying arrangements of entrances and party walls.

Dwelling, single-family means a building consisting of a single dwelling unit occupied by members of one household.

Dwelling, two-family means a building consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrance or entrances.

Dwelling unit means space within a building, comprising living, dining, and sleeping rooms, storage closets, and space and equipment for cooking, bathing, and toilet facilities, occupied as separate living quarters by a single family or other group of persons living together as a household or by a person living alone and having its own permanently installed cooking and sanitary facilities.

Easement means a grant of rights by a property owner to another individual, group, or governmental unit to make limited use of a portion of real property for a specified purpose.

Existing structure means a structure for which the start of construction commenced before the effective date of the ordinance from which this chapter is derived. This may also be referred to as "existing construction."

Family means an individual living alone or two or more persons who are related by blood or marriage living together and occupying a single housekeeping unit with single culinary facilities, or a group of no more than five persons living together by joint agreement and occupying a single housekeeping unit with single culinary facilities on a nonprofit, cost-sharing basis. The term "family" includes domestic servants, employed and residing on the premises.

Floodplain means:

(1) A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation;

(2) An area subject to the unusual and rapid accumulation of surface waters from any source.

Floor area means:

(1) For commercial, business, and industrial buildings, or buildings containing mixed uses, the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, but not including:

a. Attic space providing headroom of less than seven feet;

b. Basement space not used for retailing;

c. Uncovered steps or fire escapes;

d. Accessory water towers or cooling towers;

e. Accessory off-street parking spaces; and

f. Accessory off-street loading spaces.

(2) For residential buildings means the sum of the gross horizontal areas of the several floors of a dwelling, exclusive of garages, basements, and open porches, measured from the exterior faces of the exterior walls.

Frontage means:

(1) Street (or road) frontage: all of the property on one side of a street or road between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

(2) Lot frontage: the distance for which the front boundary line of the lot and the street or road line are coincident.

Garage, private means an accessory building used for storage purposes only and having a capacity of not more than four automobiles and a floor area of not more than 900 square feet or not more than two automobiles per family housed in the building to which the garage is accessory, whichever is the greater.

Garage, public means a building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling, or storing motor-driven vehicles.

Definitions (Continued)#

Guest House#

Guest house means living quarters within a detached accessory building located on the same premises with the main building for use by temporary guests of the occupants of the premises, and not rented or otherwise used as a separate dwelling unless permitted by the terms of this chapter.

Historic Monument#

Historic monument means any place, site, building, structure, or monument appearing upon the national, state, or town register of historic places or sites.

Home Garden#

Home garden means a garden for the production of vegetables, fruits, and flowers for use and/or consumption by the occupants of the premises.

Home Occupation#

Home occupation means:

1. Any occupation, profession, enterprise or activity conducted solely by one or more members of a family residing on the premises which is incidental and secondary to the use of the premises for dwelling, including the home office of a member of a recognized or licensed profession, such as a physician, dentist, minister, lawyer, engineer, architect, accountant, musician, artist, real estate salesperson, or other similar occupation; provided that:

   a. Not more than the equivalent area of one quarter of one floor shall be used for such purpose§;

   b. That such occupation should not require external or internal alterations of the building§;

   c. That no commodity is stored or sold, except such as are made on the premises§;

   d. There shall be no group instruction, assembly or activity, or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling§;

   e. That there is no sign, other than a nameplate which is attached to the building, which is not illuminated, and not more than four square foot in area§; and

   f. That not more than one motor vehicle used in conjunction with the home occupation is parked on the premises§.

2. When within the above requirement, a home occupation includes, but is not limited to the following:

   a. Art or photography studio;

   b. Dressmaking, sewing;

   c. Home day care for four or fewer children;

   d. Typing, word processing or computer operation;

   e. Teaching, with musical instruction limited to one or two pupils at a time;

   f. Keeping of a single guest room.

3. A home occupation shall not be interpreted to include the conduct of beauty parlors, barbershops, day care for more than four children, kennels, nursing homes, convalescent homes, rest homes, antique or craft shops, restaurants, tea rooms, tourist homes, fortune tellers, massage parlors or similar establishments offering services to the general public.

Hospital#

Hospital means an institution providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including as an integral part of the institution, related facilities such as laboratories, out-patient facilities or training facilities.

Hotel or Motel#

Hotel or motel means a building in which lodging or boarding and lodging are provided and offered to the public for compensation; as such it is open to the public in contradistinction to a boardinghouse which is herein defined.

Junk or Salvage Yard#

Junk or salvage yard means a use of more than 200 cubic feet of open space for the depositing, sorting, baling, refining, dismantling, or storage of junk, including, but not limited to, dilapidated and inoperative automobiles, trucks, tractors, and other such vehicles and parts thereof, dilapidated wagons and other kinds of vehicles and parts thereof, discarded appliances, scrap building material, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, wood scrapes, old iron, machinery, rags, paper, excelsior, hair, mattresses, beds, or bedding or any other kind of scrap or waste material which is stored, kept, handled, or displayed.

Kennel, Commercial#

Kennel, commercial, means a place prepared to house, board, breed, handle or otherwise keep or care for animals for sale or in return for compensation, or any place where more than five animals are kept.

Loading Space#

Loading space means a space within a building or on the premises providing for the standing, loading or unloading of vehicles.

Lot#

Lot means a parcel of land occupied or to be occupied by a main structure or group of main structures and accessory structures, together with such yards, open spaces, lot width and lot areas as are required by this chapter, and having frontage upon a street, either shown on a plat of record or considered as a unit of property and described by metes and bounds.

Lot, Corner#

Lot, corner, means a lot abutting on two or more streets at their intersection. Of the two sides of a corner lot, the front shall be deemed to be the shortest of the two sides fronting on streets.

Lot, Depth of#

Lot, depth of, means the average horizontal distance between the front and rear lot lines.

Lot, Double Frontage#

Lot, double frontage, means an interior lot having frontage on two streets.

Lot, Interior#

Lot, interior, means any lot other than a corner lot.

Lot Line, Front#

Lot line, front, means the line separating the lot from a street on which it fronts. On a corner lot, the front shall be deemed to be along the shorter dimension of the lot; and where the dimensions are equal, the front shall be on that street on which a predominance of the other lots in the block front.

Lot Line, Rear#

Lot line, rear, means the lot line opposite and most distant from the lot line.

Lot Line, Side#

Lot line, side, means any lot line other than a front or rear lot line.

Lot, Width of#

Lot, width of, means the average horizontal distance between side lot lines.

Lot of Record#

Lot of record means the instrument creating a lot which has been recorded in the clerk's office of the circuit court.

Manufactured Home#

Manufactured home means a structure subject to federal regulation, which is transportable in one or more sections; is eight feet or more in width and 40 feet or more in length or 320 square feet or more when erected on-site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. The term "manufactured home" is also known as a prefabricated home.

Manufactured Home Subdivision#

Manufactured home subdivision means an area designed to accommodate one or more manufactured homes on individual lots which may be offered for sale under the terms of this chapter and chapter 26.

Manufactured or Mobile Home Park#

Manufactured or mobile home park means an area designed to accommodate manufactured homes or mobile homes or mobile recreational vehicles on individual lots which provide full utility service and may not be offered for sale under the terms of this chapter and chapter 26.

Manufacture and/or Manufacturing#

Manufacture and/or manufacturing means the processing and/or converting of raw unfinished materials or products, or either of them, into articles of different character, or use.

Manufacturing, Extractive#

Manufacturing, extractive, means any mining, quarrying, excavating, processing, storing, separating, cleaning, or marketing of any mineral natural resource including coal, oil, gasoline, bottled gas and wood.

Manufacturing, Light#

Manufacturing, light, means manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances.

Marina or Boat Yard#

Marina or boat yard means a boating establishment located on a navigable waterway, which may provide covered or uncovered boat slips or dock space, dry boat storage, boat repairs and/or construction, marine fuel and lubricants, marine supplies, restaurants, or refreshment facilities, boat and boat motor sales or rental.

Mobile Home#

Mobile home means an industrialized building unit which is eight feet or more in width and 32 feet or more in length, which is constructed on a chassis for towing to the point of use and designed to be used with or without a foundation for occupancy as a dwelling unit when connected to required utilities; or two or more units separately towable, but designed to be joined together at the point of use to form a single dwelling, and which is designated for removal to, and installation or erection on other sites. The term "mobile home" also includes the term "self-propelled motor home," the term "camper," and the terms "trailer" or "house trailer" which is hereby defined as any vehicle designed or used or maintained for use as a conveyance upon highways, so designed and so constructed as to permit occupancy thereof as a temporary dwelling or sleeping place for one or more persons, and which is used for temporary or yearround occupancy as a dwelling or sleeping place. The term "mobile home" shall not apply to modular or manufactured homes, regardless of size of facility.

Motel, Motor Lodge, or Tourist Court#

Motel, motor lodge, or tourist court means a building or buildings designed for transient occupancy containing locking rooms or suites accessible through a common hall or separate outside entrances. A central kitchen, meeting rooms, or dining room are not generally provided within the same structure as rooms or suites.

Nonconforming Lot#

Nonconforming lot means a lot of record that does not conform to the minimum area or width requirements of this chapter for the district in which it is located either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to the chapter.

Nonconforming Structure#

Nonconforming structure means an otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage, or other area regulations of this chapter, or is designed or intended for a use that does not conform to the use regulations of this chapter, for the district in which it is located either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to the chapter.

Nonconforming Use#

Nonconforming use means the otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to the chapter.

Off-Street Parking Area#

Off-street parking area means space provided for vehicular parking not on a street or roadway.

Open Space, Common#

Open space, common, means that area within the boundaries of a development which is intended to provide air and light, designed to provide recreation or preserve natural environmental features to the residents of the development. Common open space shall not include streets, roads, alleys, parking areas, sidewalks, patios, public utility easements and rights-of-way.

Open Space, Useable#

Open space, useable, means:

1. That area within the boundaries of a lot that is intended to provide light and air and is designed for either scenic or recreational purposes. The term "usable open space" means, in general, available for entry and use by the residents or occupants of the development but may include a limited proportion of space so located and treated as to enhance the amenity of the development by providing landscaping features, screening for the benefit of the occupants or those in neighboring areas, or a general appearance of openness.

2. The term "usable open space" includes, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, children's playgrounds, fountains, swimming pools, wooded areas, and watercourses. The term "usable open space" shall not include driveways, parking lots, or other vehicular surfaces, any area occupied by a building, nor areas so located or so small or so circumscribed by buildings, driveways, parking lots, or drainage areas, as to have no substantial value for the purposes stated in this definition.

Parking Lot, Public#

Parking lot, public, means an area containing one or more parking spaces for self-propelled passenger vehicles, designed for and available to the public as an accommodation for patrons, customers or employees, either with or without charge.

Parking Space, Off-Street#

Parking space, off-street, means an all-weather surfaced area not in a street or alley and having an area of not less than 180 square feet (nine feet x 20 feet)§, exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a paved driveway which affords ingress and egress for an automobile without requiring another automobile to be moved.

Personal Services#

Personal services means any enterprise conducted for gain which primarily offers an individual's services to the general public such as shoe repair, watch repair, barbershops, beauty parlors, and similar activities.

Premises#

Premises means a lot, together with all buildings and structures thereon.

Public Building#

Public building means a building, or part thereof, owned or leased and occupied and used by an agency or political subdivision of the United State of America, the state, a county, a town or a city.

Public Water and Sewer Systems#

Public water and sewer systems means a water and sewer system owned and operated by the town, or owned and operated by a corporation approved by the town council and properly chartered and certified by the state corporation commission, and subject to special regulations as herein set forth.

Recreation Equipment#

Recreation equipment means equipment including boats, boat trailers, rafts, house trailers, travel trailers, pick-up campers or coaches, motorized dwellings, tent trailers and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.

Regulations#

Regulations means the whole body of regulations, text, charts, tables, diagrams, maps, notations, references, and symbols, contained or referred to in this chapter.

Required Open Space#

Required open space means any space in any front, side, or rear yard, excluding required off-street parking areas.

Restaurant#

Restaurant means any building in which, for compensation, food or beverages are dispensed for consumption on the premises, including among other establishments, cafes, tea rooms, confectionery shops, or refreshment stands.

Retail Stores and Shops#

Retail stores and shops means any building wherein the primary occupation is the sale of merchandise in small quantities, in broken lots or parcels, not in bulk, for use or consumption by the immediate purchaser (but specifically exclusive of coal, wood, and lumber yards), such as the following which will serve only as illustrations: drug store, newsstand, food store, candy shop, milk dispensary, dry goods and notions store, antique store and fig shop, hardware store, household appliance store, furniture store, florist optician, music and radio store, tailor shop, barbershop, and beauty shop.

Right-of-Way#

Right-of-way means a strip of land donated or dedicated for use as a public way. It may incorporate the roadway, curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, and bridges.

Screening#

Screening means a method of visually shielding or obscuring one abutting or nearby structure or use from another by use of planted vegetation, fences, walls or berms in accordance with the terms of this chapter.

Seats#

Seats means, for the purpose of determining the number of off-street parking spaces required for certain uses, the number of seats is the number of seating units installed or indicated or each 24 lineal inches of benches, pews, or space for loose chairs.

Setback#

Setback means the minimum distance by which any building or structure must be separated from the right-of-way line.

Sign#

Sign means any display of letters, words, numerals, figures, devices, emblems, pictures, or any parts or combinations thereof, by any means whereby the same are made visible from a public right-of-way or a waterway for the purpose of making anything known, whether such display be made on, attached to, or a part of a structure, surface, or any other thing, including, but not limited to, the ground, any rock, tree, or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is made. A display of less than two square feet in area is excluded from this definition.

Sign, Illuminated#

Sign, illuminated, means any sign illuminated by electricity, gas, or other artificial light, including reflecting or phosphorescent light.

Sign, Off-Premises#

Sign, off-premises, means any sign not supported by a building which directs attention to a business, profession, commodity, activity or service not offered on the premises where the sign is located.

Sign, On-Premises#

Sign, on-premises, means any sign not supported by a building which directs attention to a business, profession, commodity activity, or service offered on the premises where the sign is located.

Sign, On Structure#

Sign, on structure, means any sign attached and/or supported by a building.

Sign, Temporary#

Sign, temporary, means any sign not permanently attached to a structure nor permanently mounted in the ground which can be transported to other locations. Such signs may include, but are not limited to, paper or poster signs, portable signs, sandwich signs, or other moveable signs announcing or advertising weekly specials, real estate, special services offered by a business establishment or the like, or signs applying to a seasonal or brief activity such as, but not limited to, summer camps, horse shows, auctions or sale of land, or signs at construction-sites.

Sign Structure#

Sign structure means and includes the support, uprights, bracing, and frameworks of any structure, be it single-faced, double-faced, v-type or otherwise exhibiting a sign.

Site Plan#

Site plan means a drawing illustrating a proposed development and prepared in accordance with the specifications of article XII of this chapter.

Special Exception#

Special exception means a use or feature not specifically listed in this chapter which may be permitted in a specified district or in all districts in accord with terms of this chapter and granted as a variance by the board of zoning appeals.

Special Use Permit#

Special use permit means the permit for a use listed as requiring such permit in this chapter and which may be in a specified district under certain conditions, such conditions to be determined in each case by the terms of this chapter and by the town council after public hearing and report by the planning commission in accordance with the procedures specified by this chapter and applicable state law.

Story#

Story means that portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it. For the purpose of estimation, one story is approximately 12 feet in height.

Story, Half#

Story, half, means a space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use.

Street or Road#

Street or road means a public or private thoroughfare which affords principal means of access to abutting property.

Street Centerline#

Street centerline means the centerline of a street shall mean the centerline thereof as shown in any of the official records of the town or as established by the state department of transportation. If no such centerline has been established, the centerline of a street shall be a line lying midway between the side lines of the right-of-way thereof.

Street Line#

Street line means the dividing line between a street or road right-of-way and the contiguous property.

Structure#

Structure means anything constructed or erected, the use of which requires permanent location of the ground or attachment to something having a permanent location on the ground; this includes among other things, dwellings, buildings, signs, etc.

Temporary Signs#

Temporary signs. Temporary signs shall be permitted provided that such signs shall not be displayed more than 30 days§ and no such sign shall exceed nine square feet§. Notwithstanding the foregoing, the zoning administrator may at his sole discretion, extend the number of days that a temporary sign can be displayed for three additional 30 day periods with the maximum period to display a sign not to exceed 120 days additional days§. All temporary signs shall be removed prior to the conclusion of the display period designated herein.

Town Council#

Town council means the town council of Urbanna, Virginia.

Townhouse#

Townhouse means any one of a group of not less than three and not more than eight attached dwelling units which have been constructed together in a lateral row surrounded by yard space, each dwelling separated from another by a party wall.

Travel Trailer#

Travel trailer means a vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use; with the manufacturers' permanent identification "travel trailer" thereon; and when factory equipped for the road, being of any length, provided its gross weight does not exceed 4,500 pounds, and being of any weight, provided its overall length does not exceed 28 feet. For the purpose of this chapter, a travel trailer shall not be deemed a mobile home.

Usable Common Open Space#

Usable common open space. Usable common open space may be utilized only for lawns, trees, planting area, ornamental pools, sidewalks or paved play areas, and landscaping uses, and is generally accessible to the public. Provision of additional usable common open space in a development may allow for increases in residential densities or reductions in private yard requirements.

Variance#

Variance means a relaxation of the terms of this chapter where such relaxation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship.

Veterinary Hospital or Clinic#

Veterinary hospital or clinic means hospital or clinic for small pets, livestock, and other animals, provided that such hospital or clinic and any treatment rooms, cages, pens, or kennels.

Yacht Club#

Yacht club. See Marina.

Yard#

Yard means an open space on a lot other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

• Front means an open space on the same lot as a building between the front line of the building (excluding steps) and the front lot or street line, and extending across the full width of the lot.

• Rear means an open, unoccupied space on the same lot as a building between the rear line of the building (excluding steps) and the rear line of the lot and extending the full width of the lot.

• Side means an open, unoccupied space on the same lot as a building between the side line of the building (excluding steps) and the side line of the lot, and extending from the front yard line to the rear line yard.

Yard Sale#

Yard sale means a sale, not more than two days in duration, of personal property owned by the seller and usual to a household.§ Such sale is conducted by the owner or lessee of the property on which it occurs. Such sale does not occur on the same property more than four times in one calendar year, and not more than twice within a 30 day period.§ The word "yard sale" includes garage sale, lawn sale, attic sale, rummage sale, or any similar casual sale of tangible properties which is advertised by any means whereby.

Article III. - Zoning Districts#

Sec. 34-84. - Intent.#

(a) For the purpose of this chapter, the incorporated areas of the town are hereby divided into the following districts:

1. R-1: Low Density Residential.
2. R-2: High Density Residential.
3. B-1: General Commercial.
4. B-2: Special Waterfront Mixed Use.
5. M-1: Light Industrial.
6. H-1: Historic Preservation.
7. F-1: Flood Plain.
8. CB-1: Chesapeake Bay Preservation Area.

(b) The specific purpose of each zoning district shall be as established in this chapter.

(Code 1973, § 17-4.1)

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Sec. 34-107. - Purpose of the district.#R-1

The purpose of the R-1 district is to provide for low-density single-family detached residential development together with those public and semi-public uses and accessory uses as may be necessary or are normally compatible with residential surroundings. Since substantial tracts of vacant land are or may be included in the district, agricultural and open uses are permitted, but in general, urbanization is planned and utilities and public services exist or are planned to be adequate for the type or types of development contemplated. In order to increase the supply of housing and to recognize the changes in demography of a neighborhood while continuing to maintain the character of the district, accessory dwelling units are permitted by special use permit approved by the zoning administrator or the planning commission. In addition, certain special care facilities and certain governmental, educational, recreational and utility uses are permitted by special use permit subject to such restrictions and requirements as will ensure compatibility with residential surroundings.

(Code 1973, § 17-4.2.1)

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Sec. 34-108. - Permitted uses and structures.#

A building or land shall be used only for the following purposes:

1. Detached single-family dwellings.

2. For parcels greater than five acres, general agriculture, farming and forestry, including raising of crops, truck gardens, field crops, orchards or nurseries for growing or propagation and harvesting of plants, turf, trees and shrubs and other general agricultural uses; provided that temporary open air stands shall not exceed 200 square feet in area for seasonal sales of products raised on the premises and provided that no retail or wholesale business office or store shall be permanently maintained on the premises.

3. Livestock and animals; the raising of large animals, such as pigs, cows, horses, sheep, or goats, on a farm of ten acres or more, or the raising for sale of birds, bees, fish, rabbits, or other small animals on a lot of five acres or more shall be permitted.

4. Facilities, structures and rights-of-way necessary for rendering public utility service, including poles, wires, transformers, telephone booths and the like for electrical power distribution or communication service, and underground pipelines or conduits for electrical, gas, sewer, or water service.

5. Public parks, parkways, playgrounds, and athletic fields; public and private forests, wildlife preserves and conservation areas. Public and private facilities requiring night illumination or associated buildings and facilities require a special use permit.

6. Yard sale or garage sale for disposal of used household items as defined in article III of this chapter, and provided such sales comply with the regulations therein. Signs associated with the sale shall comply with the district regulations and shall not be attached to trees, utility poles, or street name poles.

7. Accessory buildings and uses, including, but not limited to, accessory private garages, storage buildings and workshops, farm buildings and structures, servants or caretakers quarters, guest houses, swimming pools, tennis courts and similar recreation facilities.

8. Boat houses, covered docks and piers which have an absolute total height equal to or less than 20 feet above mean high water.

(Code 1973, § 17-4.2.2)

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Sec. 34-109. - Uses permitted by special use permit.#

The following uses shall only be permitted by special use permit in accordance with the procedures, guides and standards set forth in article X of this chapter.

1. Additional dwelling units.

2. Duplexes or two-family dwellings, subject to the special regulations in section 34-112.

3. Bed and breakfasts.

4. Cemeteries.

5. Churches and Sunday schools, rectories, parish houses, convents and monasteries, temples, and synagogues.

6. Home occupations, subject to regulations in section 34-416.

7. Nursery schools, kindergartens, child care centers, day nursery, or day care centers.

8. Private schools, colleges, or universities.

9. Public or governmental buildings and uses, including schools, libraries, fire stations, and rescue squad facilities.

10. Publicly or privately operated parks, playgrounds, and athletic fields; including buildings and facilities customarily associated with these recreational activities.

11. Recreational uses or facilities for a private membership, such as clubs and lodges, golf courses, game courts, swimming pools, archery range, fishing or boating lakes, picnic grounds, or similar activities, and accessory facilities, including sale of food, beverages, bait, incidentals, supplies and equipment.

12. Recreational vehicle storage for a period of longer than six months.

13. Trailers used for storage or work space. This includes long term (nine months or more) storage of utility and recreational trailers.

14. Convalescent homes, rest homes, nursing homes or homes for the aged.

15. Family care homes, foster homes or group homes serving nine or more mentally retarded or other developmentally disabled persons.

16. Hospital or clinic.

17. Private stable for the keeping of horses, ponies or other livestock for personal enjoyment and not as a business, provided that any building for keeping of animals shall be located at least 100 feet from any side or rear lot line and provided that no more than one such animal shall be kept for each acre of land on the premises.

18. Radio or television transmission or receiving tower more than 50 feet in height, and satellite transmission receiving dishes.

(Code 1973, § 17-4.2.3)

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Sec. 34-110. - Lot size and setback standards.#

The following conditions shall be met for all residential development in the R-1 district:

(1) Required lot area.#

a. Each dwelling, together with its accessory buildings, with public water and sewer, hereafter erected shall be located on a lot having an area of not less than 10,000 square feet and a front width of not less than 80 feet.

b. Each dwelling, together with its accessory buildings, with either public water or sewer, hereafter erected shall be located on a lot having an area of not less than 15,000 square feet and a front width of not less than 80 feet.§

c. Each dwelling, together with its accessory buildings, having neither public water nor sewer, hereafter erected shall be located on a lot having an area of not less than 20,000 square feet and a front width of not less than 80 feet.§

d. A greater minimum lot area for dwellings or other uses served by individual or on-site sewage disposal systems may be required by the health department.

(2) Percentage of lot coverage.#

All buildings, including accessory buildings, on any lot shall not cover more than 25 percent of the area of such a lot.

(3) Street frontage.#

Minimum street frontage shall be 40 feet.

(4) Front yard.#

Each lot shall have a front yard having a depth of not less than 40 feet.

(5) Side yard.#

Each lot shall have two side yards, each having a width of not less than ten feet; and the sum of the side yards being not less than 20 feet.

(6) Rear yard.#

Each lot shall have a rear yard of not less than 25 feet in depth.

(7) Accessory buildings.#

No accessory structure may be within eight feet of any party lot line.§

(Code 1973, § 17-4.2.5)

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Sec. 34-111. - Height standards.#

(a) Principal buildings and accessory buildings shall not exceed three stories or 35 feet in height, whichever is less.

(b) No accessory structure which is within ten feet of any party lot line shall be more than one story or 12 feet in height.§ All accessory structures shall be of less height than the main buildings on the lot.

(c) A public or semi-public building such as a school, church, or library, may be erected to a height of 45 feet from grade, provided that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.§

(Code 1973, § 17-4.2.6)

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Sec. 34-112. - Special regulations for two-family or duplex dwelling.#

(a) The dwelling units and individual lots of a two-family dwelling may be sold separately if separate utilities systems are provided and if separate lots for all dwelling units in a building are created at the same time and in conformance with chapter 26. If units are to be sold separately, minimums for each unit for lot area and lot width are one-half of values above.§ All other requirements remain unchanged.

(b) Site landscaping shall be employed to maximize the privacy of the single-family and two-family duplex dwelling units and help define boundaries and public and private areas on the lot or lots.

(c) Common refuse bins shall be completely screened from view and enclosed by a fence or wall, with an appropriately designed gate which can be latched open and closed.

(Code 1973, § 17-4.2.7)

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Sec. 34-133. - Purpose of the district.#R-2

The purpose of the R-2 district is to provide for high density residential uses and to provide for variety in housing types and densities as well as for those public and semi-public uses and accessory uses as may be necessary or are normally associated with residential surroundings. In general, utilities and public services exist or are planned to be adequate for the type or types of development contemplated. Certain special care facilities and certain governmental, educational, recreational and utility uses are permitted by special use permit subject to such restrictions and requirements as will ensure compatibility with residential surroundings.

(Code 1973, § 17-4.4.1)

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Sec. 34-134. - Permitted uses and structures.#

A building or land shall be used only for the following purposes:

1. Those buildings and uses permitted by right in the R-1 Low Density Residential District.

2. Multiple-family dwellings, subject to the special regulations of this article.

3. Attached single-family dwellings or townhouses, subject to the special regulations of this article.

(Code 1973, § 17-4.4.2)

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Sec. 34-135. - Uses permitted by special use permit.#

The following uses may be permitted by special use permit approved by the town council following a report by the planning commission in accordance with the procedures, guides and standards of article X of this chapter:

1. Accessory buildings and uses, including, but not limited to, accessory storage and accessory off-street parking.

2. Bed and breakfast facilities.

3. Boardinghouses and roominghouses.

4. Churches and Sunday schools, rectories, parish houses, convents and monasteries, temples and synagogues.

5. Convalescent homes, rest homes, nursing homes or homes for the aged.

6. Family care homes and foster homes.

7. Home occupations subject to the regulations of section 34-416.

8. Nursery schools, kindergartens, child care centers, day nursery, or day care centers.

9. Private schools, colleges, or universities.

10. Public or governmental buildings and uses, including schools, libraries, fire stations, and rescue squads facilities.

11. Publicly or privately operated parks, playgrounds, and athletic fields; including buildings and facilities customarily associated with these recreational activities.

12. Radio or television transmission or receiving tower more than 50 feet in height, and satellite transmission receiving dishes.

13. Recreational uses or facilities for private membership, such as clubs and lodges, game courts, swimming pools, fishing or boating, picnic grounds, or similar activities, and accessory facilities, including sale of food, beverages, bait, incidentals, supplies and equipment.

14. Residential planned unit developments, subject to the special regulations of this article.

15. Manufactured home subdivisions, subject to the special regulations of this article.

16. Manufactured or mobile home parks, subject to the special regulations of this article.

17. Group homes serving nine or more mentally retarded or other developmentally disabled persons.

(Code 1973, § 17-4.4.3)

---

Summary of R-1 Dimensional Standards#

Standard	Requirement
Minimum lot area (public water and sewer)	10,000 sq. ft.
Minimum lot area (public water or sewer only)	15,000 sq. ft.
Minimum lot area (neither public water nor sewer)	20,000 sq. ft.
Minimum lot front width	80 ft.
Minimum street frontage	40 ft.
Maximum lot coverage (all buildings)	25%
Minimum front yard depth	40 ft.
Minimum side yard width (each)	10 ft.
Minimum sum of side yards	20 ft.
Minimum rear yard depth	25 ft.
Accessory structure setback from party lot line	8 ft.
Maximum height (principal and accessory buildings)	3 stories or 35 ft., whichever is less
Maximum height (accessory structure within 10 ft. of party lot line)	1 story or 12 ft.
Maximum height (public/semi-public buildings)	45 ft. from grade (with increased yards)

Sec. 34-136. - Lot size and setback standards.#

(a)#

Multiple-family dwellings, townhouses, residential planned unit developments, manufactured home subdivisions, and manufactured or mobile home parks lot size and setback standards are indicated in their respective sections within this article.

(b)#

The following conditions shall be met for single-family detached dwellings in the R-2 Residential District:

(1) Required lot area.#

All buildings, together with accessory buildings, hereafter erected shall have individual water and sewer service and be located on a lot having an area of not less than 8,000 square feet and a front width of not less than 40 feet. A greater minimum lot area for dwellings or other uses served by individual or on-site sewage disposal systems may be required by the town and the county department of health.

(2) Percentage of lot coverage.#

The construction footprint, which includes all buildings, accessory buildings, parking lots, and any land covered by any material other than vegetation, on any lot shall not cover more than 35 percent of the area of such a lot.

(3) Street frontage.#

Minimum street frontage for each lot shall be 40 feet.

(4) Front yard.#

Each lot shall have a front yard having a depth of not less than 40 feet.

(5) Side yard.#

Each lot shall have two side yards, each having a width of not less than ten feet.

(6) Rear yard.#

Each lot shall have a rear yard of not less than 25 feet in depth.

(7) Accessory buildings.#

No accessory structure may be within eight feet of any party lot line.

(c)#

The following conditions shall be met for all two-family duplex dwellings in the R-2 Residential District:

(1) Required lot area.#

All two-family duplex dwellings, together with accessory buildings, hereafter erected shall have individual water and sewer service and be located on a lot having an area of not less than 9,000 square feet and a front width of not less than 75 feet.§ A greater minimum lot area for dwellings or other uses served by individual or on-site sewage disposal systems may be required by the town and the county department of health.

(2) Percentage of lot coverage.#

All buildings, including accessory buildings, on any lot shall not cover more than 35 percent of the area of such a lot.

(3) Street frontage.#

Minimum street frontage for each lot shall be 40 feet.

(4) Front yard.#

Each lot shall have a front yard having a depth of not less than 40 feet.

(5) Side yard.#

Each lot shall have two side yards, each having a width of not less than ten feet.

(6) Rear yard.#

Each lot shall have a rear yard of not less than 25 feet in depth.

(7) Accessory buildings.#

No accessory structure may be within eight feet of any party lot line.

(Code 1973, § 17-4.4.5)

Sec. 34-137. - Height standards.#

Buildings may be erected up to three stories or 35 feet in height, whichever is less, except that:

(1)#

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

(2)#

No accessory structure within 15 feet of the party lot line may be more than one story or 12 feet in height. All accessory structures shall be of less height than the main buildings on the lot.

(Code 1973, § 17-4.4.6)

Sec. 34-138. - Landscaping; screening.#

(a)#

Site landscaping shall be employed to maximize the privacy of the duplex, two-family duplex dwelling units and help define boundaries and public and private areas on the lot or lots.

(b)#

Trash and garbage storage and pick-up areas must be screened from view and enclosed by a fence at least four feet high around which a hedge of shrubbery is planted and maintained.

(c)#

Regulations for landscaping, screening and open space for multiple-family dwellings, residential planned unit developments, manufactured home subdivisions, and manufactured home parks are indicated in their respective sections within this article.

(Code 1973, § 17-4.4.7)

Sec. 34-139. - Special regulations for multiple-family dwellings.#

Multifamily attached dwellings or apartment buildings are permitted in the R-2 Zoning District. A site plan and a subdivision plan must be submitted for the proposed development, and such other descriptive material, special conditions or considerations as described in article XII of this chapter prior to the review by the planning commission.

(1)#

The development or project shall be designed to respect the harmonious relationships with surrounding properties, and to this end may employ such design techniques as including use of various building types, orientation, spacing and setback of buildings, careful use of topography, grading and berms, natural vegetation, landscaping, screening, location of access points, recreation areas, open spaces, and parking areas.

(2)#

The minimum project size shall be 8,000 square feet and the maximum site coverage shall not exceed 80 percent.§ Overall project density shall not exceed 15 dwelling units per acre, exclusive of public rights-of-way.§ Minimum lot width shall not be less than 80 feet, and maximum building height shall not exceed three stories or 35 feet, whichever is less.§

(3)#

The principal means of access to an apartment development or project containing more than 24 dwelling units shall be from an arterial or collector thoroughfare of adequate physical and functional design to handle anticipated traffic needs. Secondary access to a local street will be permitted only in cases where there are overriding factors of health or safety for future residents of the project or where the arrangement and conditions of the minor streets are such that the projected increase in traffic will not substantially affect the use and enjoyment of the street by present or future residents.

(4)#

No apartment building shall contain more than 12 dwelling units and no more than three apartment buildings shall be contiguous.

(5)#

No apartment building shall be located closer than 35 feet from any public right-of-way or closer than 15 feet from a private drive, access road or open common parking area whether oriented to the front, sides or rear of the buildings, except that parking areas may be located within five feet and private drives may be located within ten feet of any blank or windowless wall.

(6)#

No apartment building shall be located closer than 25 feet from a side or rear property line.§ This regulation does not apply to existing buildings which are converted to apartment use.

(7)#

A minimum distance of 25 feet shall separate any two buildings or groups of apartment buildings from any other abutting use or building type.§

(8)#

At least 400 square feet of commonly useable open space shall be provided for each dwelling unit.§

(9)#

Where community refuse containers are provided as accessory uses to apartment developments, such containers shall be conveniently located for pick-up vehicle access and completely screened from view by means of a fence or wall and an appropriately designed gate which can be latched open and closed.

(Code 1973, § 17-4.4.8)

Sec. 34-140. - Special regulations for attached single-family dwellings or townhouses.#

Townhouse developments are permitted in the R-2 zoning district. A site plan and a subdivision plan must be submitted for the proposed development, and such other descriptive material, or special conditions as described in Article 12 prior to review by the planning commission.

(1)#

The overall project design shall be prepared to preserve natural topography and vegetation and to minimize adverse impact of moving and parked vehicles within the development and its surroundings by means of town-scale grid and curved streets, clustered building groups, careful distribution of open space, interior screened parking, interrupted parking bays or courts, landscape screening, and other design features. The minimum project area shall be 20,000 square feet.§

(2)#

A maximum density of 12 units per gross acre, excluding floodplain and slopes exceeding 25 percent, shall be permitted.§ Each unit shall have individual public water and sewer attachments.

(3)#

The maximum lot area to be covered shall not exceed 35 percent. The minimum lot area per dwelling unit shall be 800 square feet.§ The minimum lot width shall be 14 feet for interior lots and 25 feet for end and corner lots.§ Lots must be delineated on the subdivision plat by dashed lines and need not be sold separately in qualified condominium projects.

(4)#

The minimum front yard per dwelling unit shall be 25 feet and the minimum rear yard shall be 25 feet with modification being available with the provision of usable common open space, as described in the section below. The minimum side yard for end and corner lots shall be ten feet.§

(5)#

Maximum building height for townhouses shall be three stories or 35 feet.§

(6)#

All townhouse dwellings except end dwellings and corner lots shall occupy the full width of the lot, excluding setbacks.

(7)#

A minimum of six dwellings are required for each development.§

(8)#

Rear access may be required for emergency vehicles as determined by the zoning administrator.

(9)#

A usable common open space may be provided in lieu of a part of the minimum yard requirements or to meet maximum project density requirements, subject to the following provisions:

a.#

The usable common open space may be utilized only for lawns, trees, planting area, ornamental pools, sidewalks or paved play areas, and landscaping uses. No part of the common green area may be utilized for automobile driveways or parking areas.§

b.#

When a usable common open space is provided, the minimum lot area may be reduced where the planning commission and town council find that such reduction results in the provision of active recreational facilities such as swimming pools, tot lots, multi-purpose courts or playing fields.

c.#

In connection with townhouse developments, provisions satisfactory to the town council shall be met by the developer to assure that non-public common open space for use and enjoyment of occupants, shall be properly maintained without expense to the town in accordance with the Condominium Act, Code of Virginia, as amended.

(10)#

No motor vehicle shall be parked on any lot upon which a townhouse has been or is to be erected unless a garage is provided as part of the unit.

(11)#

Townhouse dwellings abutting each other shall have complementary but not identical facades.

(12)#

There shall be at least three but no more than ten townhouse dwellings continuously connected; provided that the average number of units continuously connected shall not exceed eight. There shall be an open space of at least 15 feet between any two such groups of continuously connected buildings.

(13)#

No more than two abutting townhouse dwellings shall have the same front yard setbacks. Building setback variations as required shall be at least two feet. No more than two abutting townhouses shall have a common roofline.

(14)#

Soundproof and fireproof walls shall be provided between adjoining dwellings at least up to and including the underside of the roof, in accordance with the standards of the Unified Statewide Building Code.

(15)#

Service areas and rear yards visible from a street shall be appropriately screened.

(16)#

Each lot containing a townhouse shall provide a private rear yard at least 200 square feet in area and at least 15 feet in depth enclosed visually by uniform fences or walls.

(17)#

Each dwelling shall be self-contained as to heating, air conditioning and utilities.

(18)#

The developer shall provide lawn and appropriate shrubbery planting except on areas designated for walks and driveways.

(19)#

Common refuse bins shall be completely screened from view by means of a fence or wall, and an appropriately designed gate which can be latched open and closed.

(20)#

Each development site shall have a publicly dedicated or approved private street throughout the development so as to adjoin all private parking lots and access courts. Townhouse lots which abut a private street and/or parking lot or access court shall meet the following criteria:

a.#

Private streets, parking lots and access courts shall be constructed in conformance with the standards set forth in this article. For the purpose of this subsection, an access court is a series of parking spaces served directly by a private accessway which has only an access connection to a public or private street.

b.#

An access court may be connected to no more than one other access court so that the two together have two access connections to public or private streets and together serve no more than 50 units.

c.#

No more than 25 lots shall abut a parking lot or access court.

d.#

A homeowners' association shall be formed to insure maintenance of private streets, parking lots and access courts.

e.#

Parking lots and access courts shall be landscaped according to article VI of this chapter.

f.#

Private streets, parking lots and access courts shall be clearly identified as private. A single sign, not to exceed two square feet in area, shall be posted at the entrance of each such street or parking court, displaying only the words "Private Drive" and the addresses of any residences utilizing the private street or parking court.

(21)#

All private streets shall be at least 24 feet in width, shall be of a paved surface and constructed in accordance with applicable state department of transportation pavement design standards and in accordance with chapter 26. All private streets abutting dwellings shall also provide a sidewalk between the private street and such dwellings. All private culs-de-sac shall conform to the recommendations of the town administrator.

(22)#

Each development site shall have a publicly dedicated or approved private street to serve the entire development area.

(23)#

Accessory structures shall not exceed 12 feet in height and shall be located only to the rear of the main structure and shall be no closer than one foot from the side or rear property line or ten feet from the outside line of end and corner lots.

(Code 1973, § 17-4.4.9)

Sec. 34-141. - Residential planned unit development (RPUD).#

Residential planned unit developments are allowed by special use permit in the R-2 zoning district, in order to encourage variety in housing type and affordability, improved housing designs, innovative site planning and other special circumstances. A site plan and a subdivision plan must be submitted for the RPUD and such other descriptive material, or special conditions prior to review by the planning commission. Procedures and general standards for approval of an application under this section shall be the same as those as described in article X of this chapter. The proposed project shall comply with the following regulations:

(1) One or more major features of the development, such as unusual natural features, topography, public and private spaces, open spaces, and building uses and arrangement, are such as to justify application of this section rather than a conventional application of the other regulations of the R-2 District.

(2) Materials submitted, drawings, models, descriptions, proffers and covenants shall be sufficiently detailed to assure compliance with the intent of this section.

(3) The project itself, or a larger project of which it is a part, is of sufficient size in the location proposed so as to permit assessment of the impacts of adjacent existing uses, and will not adversely affect existing and future development in the surrounding area.

(4) The overall dwelling unit density does not exceed 20 dwelling units per acre, except in the case of the project being used for elderly or physically handicapped citizens.§

(5) The development is designed to promote harmonious relationships with surrounding adjacent and nearby developed properties and to this end may employ such design techniques as may be appropriate to a particular case, including use of building types, orientation, and spacing and setback of buildings, careful use of topography, maintenance of natural vegetation, location of recreation areas, open spaces, and parking areas, grading, landscaping, and screening.

(6) Restrictive covenants or proffered conditions in a conditional zoning action provided to the satisfaction of the planning commission, and approved by the town council shall be made to ensure that non-public areas for the common use and employment of occupants, but not in individual ownership by such occupants, shall be maintained in a satisfactory manner without expense to the general taxpayer.

(Code 1973, § 17-4.4.10)

Sec. 34-142. - Special regulations for manufactured home subdivisions.#

(a) Manufactured home dwellings are allowed by special use permit in the R-2 zoning district. A site plan and a subdivision plan must be submitted along with such other descriptive material, special conditions or proffers as described in article IX of this chapter.

(b) Procedures and general standards for approval of an application under this section shall be the same as those as described in article IX of this chapter. The proposed project shall comply with the following regulations:

(1) The manufactured homes subdivision shall include at least two acres and comply in all respects with the dimensional requirements of two-family attached dwellings in the R-1 zoning district.§ Preliminary and final plats as well as deeds to individual lots shall bear a notation as to the nature of the subdivision.

(2) The manufactured home subdivision shall be surrounded by a landscaped or wooded strip of open space at least 50 feet wide along all street or road frontage and along all other exterior boundary lines.§ This space shall be in addition to minimum area required for each home lot and shall not be used for other facilities, recreation area or accessory storage structures or parking areas, but may be included as extra depth for individual lots if appropriately restricted by easement. The subdivision plan shall include a landscape plan for this open space indicating planting of shade trees and lower plant materials for open portions of the space and a plan for tree maintenance in wooded portions. Continued maintenance of the open area and its plantings shall be the responsibility of the homeowners' association or lot owners as the case may require.

(3) All homes shall be placed on an approved and platted lot and shall not obstruct the use of, or project over, any driveway, walkway or public utility easement.

(4) An approved area or areas of at least 10,000 square feet of useable common open space shall be provided for recreational use by residents of the subdivision.§ This area may be included in total area and for the purpose of density calculations, unless it is in the floodplain. A homeowners' association shall be organized for maintenance of recreational areas which are not to be maintained by the developer.

(5) All homes shall be completely skirted with materials approved by the zoning administrator.

(Code 1973, § 17-4.4.11)

Sec. 34-143. - Special regulations for manufactured or mobile home parks.#

Manufactured home or mobile home parks are allowed by special use permit in the R-2 zoning district. A site plan and a subdivision plan must be submitted along with such other descriptive material, special conditions or proffers as described in Article 9. Procedures and general standards for approval of an application under this section shall be the same as those as described in Article 9 of this chapter. The proposed project shall comply with the following regulations:

(1) The park shall contain not less than two contiguous acres and shall be under single ownership or control, except that the minimum area may be one acre where the proposed park is to be located adjacent to an existing manufactured or mobile home park containing an area of one acre or more.§

(2) The minimum width and minimum depth for a manufactured or mobile home park shall be at least 200 feet.

(3) If a portion of a manufactured or mobile home park shall be used for temporary parking of travel trailers, campers, or other recreational vehicles, an area within the park shall be permanently designated for this use.

(4) The overall density of the manufactured or mobile home park shall not exceed nine units per gross acre and the net density of any particular acre within such park, whether used for manufactured homes or travel trailers, shall not exceed 12 units per acre.§ Land inside the F-1 Flood Plan District or otherwise unsuitable for residential use shall be excluded from density computations.

(5) The minimum width for each site shall be 2 ½ times the width of the home, or 25 feet, whichever is greater.§ Minimum site widths shall be measured at right angles to the long axis of the site at the setback line or rear of the lot, whichever is less. No more than one home shall be placed on any one site and no home sites shall be offered for sale or sold. Minimum site area for travel trailer or camper sites shall be 1,000 square feet.§

(6) Corners for each home site shall be clearly defined by permanent ground markers corresponding to the approved site plan.

(7) Each home site shall be provided with a concrete foundation pad a minimum of 15 feet long and at least five feet wider than the manufactured or mobile home to be located there. Each manufactured or mobile home shall be securely anchored to the site.

(8) The manufactured or mobile home park shall comply with all sanitary and other requirements prescribed by law or regulations. Unless otherwise provided for by the town council, each home site (permanent and temporary) shall be provided with individually metered water and sewer connections to central sewer and water systems designed to serve the entire park.

(9) Each home site shall be provided with electrical service buried underground and installed in accordance with applicable codes and chapters.

(10) Where community refuse containers are provided as accessory uses to manufactured home park developments, such containers shall be conveniently located for pick-up vehicle access and completely screened from view by means of a fence or wall with an appropriately designed gate which can be latched open and closed.

(11) No home shall be placed closer than 80 feet from a public street or road, or 20 feet from an interior access drive, or 25 feet from any other home or service building, and no part of a home shall extend closer than ten feet to the boundaries of the individual home site.

(12) Access to the manufactured or mobile home park shall not be from a minor residential street. Number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, and no home space shall be designed for direct access to a street outside the boundaries of the park. Interior access drives shall be properly lighted and rights-of-way shall be at least 50 feet in width; streets shall be hard surfaced and maintained at least 24 feet in width in accordance with applicable town specifications and chapters. Turning radius at the end of a cul-de-sac shall have a radius of at least 50 feet.

(13) At least two off-street parking spaces shall be provided on each home site, and in addition one off-street parking space shall be provided per home site in other locations convenience to groups of homes.§ Additional parking area shall be designated for accessory storage of boats and boat trailers, camping equipment and other recreational vehicles. No parking shall be permitted on the street.

(14) The topography of the site shall be such as to facilitate drainage and adequate drainage facilities shall be provided.

(15) The overall site design of the manufactured mobile or home park shall demonstrate a reasonable effort to preserve the natural amenities of the site, particularly mature trees and existing vegetation. Other areas of the subdivision shall be planted with appropriate ground cover, trees, shrubs, and grass lawns, all of which shall be properly maintained. Where no trees exist, at least two shade trees shall be planted and properly maintained on each home site.

(16) Each manufactured or mobile home park shall provide not less than one multiple-purpose developed recreational area of at least 10,000 square feet in area for the use of occupants of the park.§

(17) The park owner shall require and the unit owner shall ensure that open space beneath each home shall be skirted with approved material in accordance with the requirements of the zoning administrator.

(18) No manufactured or mobile home park existing at the effective date of the ordinance from which this chapter was derived shall be enlarged or extended unless the enlargement area is in compliance with all requirements for a new manufactured or mobile home park. Homes may be added within the established boundaries of an existing park so long as the overall density within said boundaries does not exceed nine units per gross acre.

(Code 1973, § 17-4.4.12)

Sec. 34-165. - Purpose of the district.#

The purpose of the B-1 district is to provide sufficient space in appropriate locations for a wide variety of retail shopping, commercial, automotive, and miscellaneous recreational and service activities, generally serving the town, a wide area of the county, and the traveling public. These commercial uses are generally located along major thoroughfares or near development centers where a general mixture of commercial and service activity now exists or is planned, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, or the nuisance factors of dust, odor, and noise, associated with manufacturing.

(Code 1973, § 17-4.6.1)

Sec. 34-166. - Permitted uses.#

A building or land shall be used only for the following purposes:

(1) Any principal permitted use permitted by right in the R-1 zoning district. Dwellings are subject to the same lot area and yard space requirements as in the R-1 district.

(2) Arts, cultural, and historic institutions, including museums and tourist information and orientation facilities.

(3) Retail automobile or truck parts sales, but not wholesale and not auto salvage or wreckage.

(4) Bakeries, provided that the majority of products produced on the premises are sold at retail on the premises.

(5) Banks and other financial institutions.

(6) Barber shops or beauty parlors.

(7) Bed and breakfast facility.

(8) Bicycle sales and repair shops.

(9) Catering or delicatessen business.

(10) Churches and Sunday schools, rectories, parish houses, convents and monasteries, temples, and synagogues.

(11) Drive-in automatic banking or vending machine station. Groups of three or more vending machines shall be contained in a building.

(12) Employment service or agency.

(13) Frozen food lockers for individual or family use.

(14) Funeral home or undertaking establishment.

(15) Hospital or clinic.

(16) Hotel, motel, inn, lodge, or tourist home having less than five rooms for use by transient boarders.

(17) Janitorial service establishment.

(18) Laundries, laundromats or dry-cleaning establishments with floor area not exceeding 2,500 square feet.

(19) Lawn mower, yard and garden equipment, rental and sales and service but no service or repair permitted.

(20) Libraries.

(21) Nurseries for growing and sale of plants, trees and shrubs and related materials.

(22) Offices; general, business or professional; manufactured or mobile home for temporary (not to exceed 120 days) office use by approved special use permit only.

(23) Parking lots, parking spaces and parking areas.

(24) Pet shop or dog beauty parlor, provided that any workrooms, cages, pens or kennels be maintained within a completely enclosed, soundproof building and that such shop or parlor be operated in such a way as to produce no objectionable noise or odors outside its walls.

(25) Printing, publishing, and engraving establishments, photographic processing or blueprinting with floor area not exceeding 2,500 square feet.

(26) Radio and television stations and studios or recording studios, but not towers more than 125 feet in height.

(27) Rental of household items, tools and appliances.

(28) Repair shops with floor area not exceeding 2,500 square feet.

(29) Security service office or station.

(30) Shopping centers.

(31) Stores or shops for the conduct of retail business, including sale of accessories, antiques, appliances, art or art supplies, beverages (alcoholic or otherwise), books, carpets, clothing, drugs, fabrics, flowers, food, furniture, hardware, jewelry, office supplies and stationery, shoes, paint, wallpaper, sporting goods, and similar stores and shops.

(32) Studios or shops for artist, photographers, writers, teachers, jewelers, weavers or other crafts, sculptors or musicians.

(33) Telephone station or booth, including drive-in or talk-from-car stations.

(34) Temporary stands, or outdoor areas or temporary truck parking, for sale of produce, Christmas trees, and other seasonal items.

(35) Video rental and sales.

(36) Accessory buildings and uses, including accessory storage of supplies and merchandise normally carried in stock or used in connection with a permitted use, subject to applicable district regulations.

(37) Massage therapy practiced by a graduate of a training program certified by the state board of education.

(Code 1973, § 17-4.6.2)

Article IV. - B-1 and B-2 Zoning Districts#

Sec. 34-167. - Uses permitted by special use permit.#

The following uses may be permitted by special use permit approved by the town council following report by the planning commission in accordance with the procedures, guides and standards of article X of this chapter:

(1) A single-family dwelling, duplex or multifamily dwelling on a case by case basis in association with permitted office, business or commercial use in the same building or on the same premises shall be permitted.

(2) Billiard parlors or pool rooms, bowling alleys, dance halls, electronic game centers, miniature golf, or similar recreational establishments, indoor or outdoor.

(3) Carnivals or fairgrounds.

(4) Nursery schools, kindergartens, child care centers, day nurseries, or day care centers.

(5) Outdoor sales areas or flea markets.

(6) Public or governmental buildings and uses, including governmental offices, schools, fire stations (volunteer or otherwise), parks, parkways, and playgrounds.

(7) Public utilities or public service or transportation uses, buildings, (including bus stations), generating, purification or treatment plants, water storage tanks, pumping or regulator stations, telephone exchange, substations and major transmission lines.

(8) Radio, television or other communication tower more than 125 feet in height and all satellite receiving dishes.

(9) Recreational uses or facilities for a private membership, such as clubs and lodges, golf courses, game courts, swimming pools, archery ranges, fishing or boating lakes, picnic grounds, or similar activities, and accessory facilities, including sale of food, beverages, bait, incidentals, supplies and equipment.

(10) Automobile service station, so long as bulk storage of inflammable liquids is underground.

(11) Automobile or truck sales (new or used) including service, and repair, body or fender repair, auto salvage or wreckage, and car or truck sales or rental storage lot. Storage of equipment or materials or damaged vehicles shall be inside a completely enclosed building. Storage of auto salvage or wreckage is prohibited.

(12) Automobile or truck parts sales, wholesale or retail, but not auto salvage or wreckage.

(13) Bakeries, including retail and wholesale sales incidental to these uses.

(14) Boat and boat trailer sales and storage.

(15) Bottling works, dyeing and cleaning works, linen service, or laundry, furniture refinishing, plumbing, electrical and heating shop, painting shop, upholstering shop not involving furniture manufacture, shoe repair, tinsmithing shop, appliance repairs, and general service and repair establishments, similar in character to those listed in this item, but provided that no outside storage of material is permitted except as provided in this section.

(16) Car-wash or automobile laundry, automatic, attended, or self-service.

(17) Exterminating establishment.

(18) Farm supply and service establishments, implement sales, rental and service, feed and seed store, including custom milling of grain and feed, fertilizer storage in bags or bulk storage of liquid or dry fertilizer in tanks or in a completely enclosed building.

(19) Garages, parking, storage, or repair.

(20) Green houses, commercial, wholesale or retail.

(21) Hotel, motel, inn, motor lodge, or tourist home, having less than five rooms available for rent or lease.

(22) Institutions, educational or philanthropic, including museums, libraries and art galleries.

(23) Laundries, laundromats or dry cleaning establishments, having less than 2,500 square feet of space.

(24) Lawn mower, yard and garden equipment, rental, sales and service, and repair. All damaged machines and small engines for repair must be stored in an enclosed building.

(25) Lumber, building supply and plumbing and electrical supply, with storage enclosed and screened.

(26) Monument sales establishments with incidental processing to order, but not including the shaping of headstones.

(27) Motorcycle or off-road vehicle sales, service and repair. All damaged machines for repair must be stored in an enclosed building.

(28) Muffler sales and installation.

(29) Plumbing and electrical supply sales.

(30) Printing, publishing, and engraving establishments, photocopying, photographic processing or blueprinting.

(31) Private club, lodge, meeting or assembly hall, or fraternal organization or sorority, game courts, swimming pools, archery ranges, health clubs or fitness centers.

(32) Rental or sale of luggage racks, trailers, pick-up truck cabs, campers and travel trailers, but not including truck trailer bodies.

(33) Repair shops with floor areas exceeding 2,500 square feet.

(34) Retail or wholesale sales and service incidental to a permitted manufacturing, processing, storing or distributing use.

(35) Sign fabricating and painting shop.

(36) Taxidermists.

(37) Tire sales, service and installation.

(38) Veterinary hospital or clinic for small pets, livestock, and other animals, provided that such hospital or clinic and any treatment rooms, cages, pens, or kennels, is maintained within a completely enclosed, soundproof building, and that such hospital or clinic is operated in such a way as to not be a nuisance.

(39) Movie theaters.

(40) Restaurants, drive-in or otherwise.

(Code 1973, § 17-4.6.3)

Sec. 34-168. - Lot size and setback standards.#

There are no minimum lot size standards for business uses in the B-1 zoning district except as may be required by the town and the county health department for uses utilizing individual or on-site sewage disposal systems. Minimum lot size for dwellings is the same as in the R-1 zoning district except as noted in section 34-166.

(Code 1973, § 17-4.6.4)

Sec. 34-170. - Special regulations for business and commercial buildings.#

(a) Similar uses permitted. Other retail and service uses which, in the opinion of the zoning administrator, are of the same general character as those permitted uses listed shall be permitted provided that these and the above specified stores, shops or businesses shall be retail and service establishments primarily selling new merchandise (except antiques) and rendering a personal service and shall be permitted only in accord with the development standards of this chapter.

(b) Landscaping. The plan shall be designed to promote attractive landscaping of the site and compliment the building and provide some shade on public and parking areas. Large trees should be provided to this end, and in order to promote harmonious relationships with adjacent and nearby residential and business properties. Landscaping shade may provide effective screening alongside and rear property lines by means of hedges, planting screens or natural vegetation and fences and walls in accordance with the requirements of this chapter.

(d) Refuse. Refuse containers or refuse storage shall be located in a paved area and hidden from general public view, either from within or outside the premises, by means of fences, walls, or landscape planting.

(e) Drainage. Provision shall be made for proper stormwater drainage from parking and loading areas.§ Water shall not be permitted to drain from such areas onto adjacent property except into a natural watercourse or a drainage easement. Provision shall be made for protection against erosion and sedimentation in accord with applicable town ordinances.

(Code 1973, § 17-4.6.6)

Sec. 34-189. - Purpose of the district.#B-2

The purpose of the B-2 district is to encourage a higher density use of land areas adjacent to and/or overlooking water, and encourage a range of compatible and complementary mixed uses, in such a manner that is public and pedestrian oriented, and a strong generator of public and semi-public activities.

(Code 1973, § 17-4.7.1)

Sec. 34-190. - Permitted uses and structures.#

A building or land shall be used only for the following purposes:

(1) Marinas, docks, and small-scale associated buildings and uses related to water activities, including, but not limited to, fuel sales, emergency assistance, short-term repair of small boats, and receiving and shipping of seafood and small grains.

(2) Stores for the sale of retail and wholesale seafood.

(Code 1973, § 17-4.7.2)

Sec. 34-191. - Uses permitted by special use permit.#

(a) Any principal building or use permitted by right in the R-2 zoning district.

(b) Any principal building or use permitted by right in the B-1 zoning district.

(c) Health club or fitness center.

(d) Hotel, motel or time sharing condominium.

(e) Institutions, educational, or philanthropic, including museums and art galleries.

(f) Recreation uses or facilities for a private membership, such as clubs or lodges, game courts, swimming pools, picnic grounds, and accessory activities including sale of food, beverages, bait, incidentals and supplies, and equipment.

(g) Residential planned unit developments and commercial planned unit developments.

(h) Restaurants including outdoor and sidewalk eating areas. Drive-ins not permitted.

(Code 1973, § 17-4.7.2.1)

Sec. 34-192. - Lot size and setback standards.#

Minimum lot size standards. There are no specific minimum lot size standards for buildings and uses in the B-2 district utilizing public water and sewer; refer to design guidelines in article IV of this chapter. Health department approval may be required for uses utilizing individual or on-site sewage disposal systems. Minimum lot sizes for residential development are the same as in the R-1 and R-2 zoning districts. Minimum lot sizes for commercial structures are the same as in the B-1 zoning district.

(Code 1973, § 17-4.7.3)

Sec. 34-193. - Special regulations for buildings and uses in the district.#

(a) Residential uses permitted. Residential uses shall be permitted provided that these residential uses and the specified stores, shops or businesses in sections 34-190 and 34-191 are consistent with the intention of the district to create a public oriented mixed use environment adjacent to water facilities, in accord with the development standards of this chapter. Residential planned unit developments are allowed by special use permit in the B-2 zoning district. A site plan and a subdivision plan must be submitted for the RPUD and such other descriptive material, or special conditions as described in article IX of this chapter, prior to review by the planning commission.

(b) Site plan. The site plan shall be designed to promote careful use of the waterfront, site features and topography, and to promote harmonious relationships with adjacent and nearby residential and business properties, developed or undeveloped. Public access to the water should be provided in parts of or all of the project, and to this end private access or dedicated rights-of way may provide adequate access.

(1) Special consideration shall be given to the treatment of the waterfront, shoreline and banks, erosion abatement and runoff control. Site design shall conform in all respects to requirements of the CB-1 Chesapeake Bay Preservation Area Overlay District.

(2) Because the intent of this zoning district is to promote a sound mix of commercial and residential uses adjacent to waterfront property, there should be an approximate balance of these uses. To this end, in each waterfront planned unit development project, there shall be approximately twice the square footage allocated to residential uses as there is footage allocated for commercial uses.

(3) Furthermore, usable common open space of at least 20 percent of the project area shall be reserved for public use.§ Additional space may be developed, in order to utilize the building and density advantages outlined in the sections below, and other private facilities may be set aside for the residents and primary users of the waterfront planned unit development.

(c) Densities. The overall residential density of the waterfront planned unit development shall not exceed 12 units per gross acre and the maximum density shall not exceed 20 units per acre of any particular acre within the waterfront planned unit development.§ Land unsuitable for residential use shall be excluded from density computations.

(d) Utilities. Each site shall be provided with telephone and electrical service buried underground and installed in accordance with applicable codes and ordinances.§

(e) Building requirements. A public accessway to the water shall be provided for each 100 feet of water frontage the project occupies.§ The waterfront planned unit development shall provide emergency vehicle access at least 20 feet in width to the waterside portion of the project, and comply with all Uniform Statewide Building Codes, all health department regulations, and all regulations of the town.

(1) No buildings shall be located closer than 35 feet from any public right-of-way or closer than 15 feet from a private drive or access road except that parking areas and sidewalks may be located within five feet and private drives may be located within ten feet of any blank or windowless wall.§

(2) No more than two abutting buildings shall have the same setbacks. Building setback variations shall be at least two feet. No more than two abutting buildings shall have a common roofline.

(f) Height standards.

(1) Other buildings may be erected up to three stories or 35 feet in height, whichever is less, except that buildings or structures located within ten feet from the outside boundary property lines shall not exceed 12 feet in height.§ Walls, fences or vegetation buffers may permit this height limit to double, or the separation distance to be reduced to five feet.

(2) Service areas and rear yards visible from a street shall be appropriately screened.

(g) Landscaping.

(1) The overall site design of the waterfront planned unit development shall demonstrate a reasonable effort to preserve the natural amenities of the site, particularly mature trees and existing vegetation.§ Other areas of the development shall be planted with appropriate ground cover: trees, shrubs, and grass lawns, all of which shall be properly maintained.

(2) Screening and buffers may be appropriate alongside and rear property lines and should be provided by means of fences, walls, hedges, planting screen or natural vegetation in accordance with the requirements of this chapter.§

(h) Open space requirements. Each waterfront planned unit development shall provide not less 20 percent of the project for public uses or a recreational area. This usable common open space may include boardwalks, sidewalks, and public areas; trees, lawns and planted area; paved play areas, open fields and other recreational uses. No part of the common green area may be utilized for automobile driveways or parking areas.

(1) When additional usable common open space is provided, the planning commission and town council may permit an increase in the maximum project density requirements, where such additional set-asides result in the provision of active recreational facilities such as, tot lots, multi-purpose courts or playing fields.

(2) In connection with the waterfront planned unit development, provisions satisfactory to the town council shall be met by the developer to assure that non-public common open space for use and enjoyment of occupants, shall be properly maintained without expense to the town unless stipulated and approved by the town council.

(i) Streets, parking, access and right-of way.

(1) Each development shall have publicly dedicated public or approved private streets throughout the development so as to adjoin all public parking and access ways, and the private parking lots and access courts. Streets, parking lots and access courts shall be constructed in conformance with the VDOT standards.

(2) Parking lots and access courts shall be landscaped according to article V of this chapter.§

Chapter 34 - Zoning#

Division 4. - M-1 Light Manufacturing District#

Sec. 34-220. - Purpose of the district.#M-1

The purpose of the M-1 district is to provide for a variety of light manufacturing, fabricating, processing, wholesale distributing and warehousing uses appropriately located for access by highways and providing a controlled environment within which signing is limited, uses are to be conducted generally within completely enclosed buildings or within screened areas, and a moderate amount of landscaping is required. In order to preserve the land for industry, to reduce extraneous traffic, and avoid future conflicts between industry and other uses, business and service uses are limited primarily to those which will be useful to employees in the district and future residential uses are restricted.

(Code 1973, § 17-4.8.1)

Sec. 34-221. - Permitted uses.#

A building or land in the M-1 district shall be used only for the following purposes:

(1) All uses permitted by right within the B-1 zoning district.

(2) Generally those light manufacturing uses similar to those listed below which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, lint, odor, heat, glare, or electrical impulse than that which is generally associated with light industries of the types specifically permitted below:

a. Manufacture, assembly or repair of spacecraft or component parts, medical and dental equipment, office supplies and equipment, drafting, optical, and musical instruments, watches, clocks, toys, games, electrical or electronic apparatus, and communication equipment.

b. Manufacture, assembly or repair of boats, boat trailers, bolts, buttons, nuts, screws, and rivets, firearms, photographic and metering equipment, electrical appliances, tools, dies, machinery, and hardware products, sheet-metal products, heating, cooling, and ventilating equipment, and vitreous enameled products.

c. Beverage blending or bottling, bakery products, candy manufacture, tobacco products, dairy products and ice cream, fruit and vegetable processing and canning, fin-fish, shellfish, meat and poultry products, but not distilling of beverages or slaughtering of poultry or animals, or processing or bulk storage of grain or feeds for animals or poultry.

d. Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, shoes and leather products, printing and finishing of textiles and fibers into fabric goods.

e. Manufacture of boxes, furniture, cabinets, baskets, and other wood products of similar nature.

f. Compounding of cosmetics, toiletries, drugs, and pharmaceutical products.

g. Molding of candles and soap.

h. Manufacture of pottery or other similar ceramic products, from previously pulverized clay, and in kilns fired only by smokeless furnaces.

i. Monumental stone works.

In cases of doubt regarding the nature of a process or use, the zoning administrator may require an engineering report describing the process or use and the probable impact thereof at property lines in terms of the factors listed above or other significant factors as may be associated with a particular process or use.

(3) Agriculture and forestry as permitted in the R-1 zoning district.

(4) Facilities and structures necessary for rendering utility service, including poles, wires, transformers, telephone booths and the like for normal electrical power distribution or communication service, and pipelines or conduits for electrical, gas, sewer, or water service.

(5) Greenhouse or nursery, commercial, wholesale or retail, including heavy machinery and bulk supplies.

(6) Wholesale merchandising or storage warehouse or distribution center but not a truck or freight terminal or package distribution center.

(7) Accessory buildings and uses, including, but not limited to, the following:

a. Any accessory use permitted in the R-1 zoning district.

b. Coin-operated vending machines for food, tobacco, ice, soft drinks, and sundries inside a building and primarily for the use of occupants thereof.

c. Retail and service facilities inside a principal building for the use of occupants thereof and occupants of other buildings in the industrial development. Retail and service facilities may include barbershops, beauty parlors, dining rooms, newsstands, restaurants, tobacco, drugs, and sundries.

d. Storage of supplies, merchandise, equipment, or goods normally carried in stock, used or produced in connection with a permitted office, business, commercial or industrial use subject to applicable district regulations.

(Code 1973, § 17-4.8.2)

Sec. 34-222. - Use permitted by special use permit.#

The following uses may be permitted by special use permit approved by the town council following report by the planning commission in accordance with the procedures, guides and standards of article X of this chapter:

(1) Dwellings for resident watchmen and caretakers employed on the premises.

(2) Private club, lodge, meeting hall, labor union or fraternal organization or sorority.

(3) Public utility buildings, treatment plants, pumping or regulator stations, substations and major transmission lines.

(4) Radio, television or other communications tower more than 125 feet in height.

(Code 1973, § 17-4.8.3)

Sec. 34-223. - Lot size and setback standards.#

(a) Required lot area. For permitted uses, the minimum lot size shall be 40,000 square feet with a minimum lot width of 150 feet and a minimum lot depth of 150 feet.

(b) Percentage of lot coverage. All buildings, including accessory buildings, on any lot shall not cover more than 30 percent of the area of such a lot.

(c) Minimum street frontage. Required street frontage shall not be less than 50 feet.

(d) Side and rear yards. No structure shall be located closer than 100 feet to the boundary of a residential district.§

(e) Special provisions for corner lots. See section 34-427 for special requirements.

(Code 1973, § 17-4.8.4)

Sec. 34-224. - Height standards.#

Buildings may be erected up to 35 feet in height except that water towers, chimneys, flues, flag poles, and television antennas and radio aerials up to 200 feet in height are exempt from height regulations.§

(Code 1973, § 17-4.8.5)

Sec. 34-225. - Special regulations for manufacturing and commercial buildings.#

(a) Similar uses permitted. Other manufacturing uses which, in the opinion of the zoning administrator, are of the same general character as those permitted uses listed in this division shall be permitted. All uses shall be conducted so as not to produce hazardous, objectionable or offensive conditions at property line boundaries by reason of odor, dust, smoke, cinders, fumes, noise, vibration, heat, glare, wastes, fire or explosion.

(b) Enclosed buildings. All uses, excluding storage, shall be conducted within a completely enclosed building of permanent and durable construction, with no open storage of waste material. Products or equipment used or manufactured on the premises may be stored in the open if screened from the street or from a residential district by landscaping, fences or walls.§

(c) Landscaping. Any part of the front lot not used for parking or accessways shall be appropriately landscaped with large trees, bushes, shrubs, and grass.§

(d) Fencing. All areas requiring fencing shall have fencing properly erected and maintained.§ Preferably, front, side and rear yards will be screened by a buffer of plantings and appropriate trees.

(e) Drainage. Provision shall be made for proper stormwater drainage from parking and loading areas. Water shall not be permitted to drain from such areas onto adjacent property except into a natural watercourse or a drainage easement. Provision shall be made for protection against erosion and sedimentation in accord with applicable town chapters.

(Code 1973, § 17-4.8.6)

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Division 5. - H-1 Historic District#

Sec. 34-244. - Purpose of the district.#

The purpose of the H-1 district is to provide for protection against destruction or encroachment upon historic areas, buildings, monuments, or other features, or buildings and structures of recognized architectural significance which contribute or will contribute to the cultural, social, economic, political, artistic, or architectural heritage of the town and the commonwealth. It is the purpose of the district to preserve the designated historic areas and historic landmarks and other historic or architectural features, and their surroundings within a reasonable distance, from destruction, damage, defacement, and obvious incongruous development or uses of land and to insure that buildings structures, streets, walkways, or signs shall be erected, reconstructed, altered, or restored so as to be kept architecturally compatible with the character of the general area in which they are located and with the historic buildings or structures within the district.

(Code 1973, § 17-4.9.1)

Sec. 34-245. - Criteria for establishing historic districts; general character.#

The boundaries of the H-1 district shall in general be drawn to include areas containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation. The district may include either individual buildings or places of such character, and a reasonable distance beyond, or it may include areas or groupings of structures which have significance relative to their patterns of development or social and economic or architectural interrelationships even though some structures in the area might not possess significant merit when considered alone.

(Code 1973, § 17-4.9.2)

Sec. 34-246. - Inventory of landmarks and contributing properties established.#

The historic commission has established as part of the ordinance from which this division is derived an inventory map covering the area included in the H-1 district, based on the criteria set forth in this division. This map herein after called the inventory map shall be as much a part of this ordinance as if fully described herein and shall be filed as a part of this division by the town clerk of the town. Structures or sites designated as properties which contribute to the historic character of the town but which do not contain landmark structures or sites shall be known as contributing properties for the purpose of this division. Structures or sites not designated as landmark or contributing properties shall be known as noncontributing properties. The inventory map may be amended from time to time in the same manner as the zoning district map.

(Code 1973, § 17-4.9.3)

Sec. 34-247. - Designation of Urbanna Register of Historic Places.#

(a) The buildings, sites and areas listed below are hereby declared to be of such historic significance as to warrant special consideration during the planning phase of development activities within the designated historic district which may affect their historical character.

Name	Street Address
Old Tobacco Warehouse	130 Virginia Street
Lansdowne	271 Virginia Street
Old Customs House	131 Virginia Street
Gressitt House	140 Virginia Street
Wormeley-Lee Montague House	290 Virginia Street
The Tavern	240 Prince George Street
Old Court House	210 Virginia Street
Lansdowne Cemetery	181 Rappahannock Avenue

(b) The sites and structures listed in subsection (a) of this section shall constitute the Urbanna Register of Historic Places.

(Code 1973, § 17-4.9.4)

Sec. 34-248. - Additions to the Urbanna Register of Historic Places.#

The owner of any building, site, or structure within the town which is considered by such owner to be of historical significance may petition the historic commission to have such building, site, or structure included on the town register of historic places. Upon receipt of a petition, the historic commission shall evaluate its merits and make a recommendation to the town council.

(Code 1973, § 17-4.9.5)

Sec. 34-249. - Application of the district; relation to other zoning districts.#

To enable the district to operate in harmony with the plan for land use and population density embodied in these regulations, the H-1 district is created as a special district to be superimposed on other districts contained in these regulations and is to be so designated by a special symbol for its boundaries on the zoning district map. The uses, housing types, minimum lot requirements, minimum yard requirements, maximum height, and accessory uses and accessory signs shall be determined by the regulations applicable to the other districts over which the H-1 district is superimposed except as these other district regulations may be modified by application of the regulations in the H-1 district.

(Code 1973, § 17-4.9.6)

Sec. 34-250. - Permitted uses.#

A building or land shall be used only for the following purposes, and except as provided herein, in each case subject to approval by the zoning administrator or historic commission as the case may require in accordance with the standards set forth in this section and the standards and procedures for administration and enforcement set forth elsewhere in this division:

(1) Any use, accessory use, or sign permitted in the zoning district in which the premises are situated and upon which the H-1 historic district is superimposed. The normal maintenance of an historic area or building or the charging of admission fees for visitors, or the conduct of visitor tours, centers or services within the H-1 historic district shall not be considered as commercial uses.

(2) Any use permitted by conditional permit in the zoning district in which the premises are located subject to the procedures and standards of this division for approval of conditional permits and subject in all cases to report by the historic commission in accordance with the purposes and standards of the H-1 historic district.

(3) Any variance permitted in the zoning district in which the premises are located, subject to the procedures and standards of this division for approval of special exceptions and variances and subject to report by the historic commission and specific findings of the board of zoning appeals regarding the purposes and standards of the H-1 historic district; provided, however, that if said variance is of such a minor nature as to be exempted from review by the historic commission by the terms of the regulations in the H-1 historic district, then no such review or report shall be required.

(Code 1973, § 17-4.9.7)

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Townhouse Lots Abutting Private Streets, Parking Lots or Access Courts#

Townhouse lots which abut a private street, parking lot or access court shall meet the following criteria: private streets, parking lots and access courts shall be clearly identified as private. A single sign, not to exceed two square feet in area, shall be posted at the entrance of each such street or parking court, displaying only the words "Private Drive" and the addresses of any residences utilizing the private street or parking court.

(Code 1973, § 17-4.7.4)

Article III. - Historic Districts#

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Sec. 34-251. - The board of historic and architectural review; creation.#

For the general purposes of this division as herein stated and specifically to preserve and protect historic places and areas in their town through the control of demolition of such places and through the regulation of architectural design and uses of structures in such areas, there is created a board known as the board of historic and architectural review (hereinafter and hereinbefore referred to as the historic commission).

(Code 1973, § 17-4.9.8)

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Sec. 34-252. - Historic commission—Membership.#

The members of said historic commission will be appointed by the town council. The membership shall consist of five citizens, at least three of whom shall be residents of the town. All former members of the historic commission are eligible to be alternates to present historic commission members. An alternate, upon written or oral request of a historic commission member, may serve as a member of the historic commission for the meeting for which the alternate has been requested to serve. Alternates shall have all rights, responsibilities and duties as a present historic commission member during the meeting during which the alternate shall serve.

(Code 1973, § 17-4.9.9)

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Sec. 34-253. - Historic commission—Terms.#

Members shall be appointed for a term of five years except that original appointments shall be made for such terms that the term of one member shall expire each year. Appointments to fill vacancies shall be only for the unexpired term. Members may be reappointed to succeed themselves. A member whose term expires shall continue to serve until a successor is appointed and qualifies.

(Code 1973, § 17-4.9.10)

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Sec. 34-254. - Historic commission—Qualifications.#

Members of the historic commission shall have demonstrated interest and knowledge in the historical and architectural development of the town and when possible be a licensed architect or engineer, planning commission member, realtor, or licensed building contractor.

(Code 1973, § 17-4.9.11)

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Sec. 34-255. - Historic commission—Organization.#

The historic commission shall elect from its own membership a chairman and vice chairman who shall serve annual terms and may succeed themselves. The chairman shall preside over all meetings in addition to having the duties and responsibilities of other members of the commission. The vice chairman shall preside over meetings of the commission in the absence of the chairman. The historic commission may appoint a secretary and keep written minutes of its meetings.

(Code 1973, § 17-4.9.12)

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Sec. 34-256. - Historic commission—Rules.#

The board shall meet in regular session at least once a month whenever an application has been filed requiring their consideration, or in any case at least once per quarter. Special meetings of the board may be called by the chairman or a majority of the members after 24 hours' written notice to each member served personally or left at his usual place of business or residence. Such notice shall state the time and place of a meeting and the purpose thereof.

(Code 1973, § 17-4.9.13)

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Sec. 34-257. - Historic commission—Meetings; hearings.#

Written notice of a special meeting is not required if the time of special meeting has been fixed at a regular meeting, or if all members are present at a special meeting or file a written waiver of notice. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all voting members of the board. The board may make, alter, or rescind rules and forms for its procedures, consistent with the ordinances of the town and the general laws of the state.

(Code 1973, § 17-4.9.14)

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Sec. 34-258. - Historic commission—Procedures.#

(a) The board shall establish procedures for all matters coming before it for review and all meetings shall be open to the public.

(b) Before rendering a final decision on any certificate of appropriateness application coming before it, the historic commission shall first hold a public hearing at which time any interested person may comment on the application. Such public hearing shall be the subject of a public notice to be published once a week for two successive weeks in some newspaper published or having general circulation in the town. Such notice shall specify the time and place of the public hearing, which shall be held not less than six days nor more than 21 days after the second advertisement shall appear in the newspaper. As used in this section, the term "two successive weeks" shall mean that such notice shall be published at least twice in such newspaper with not less than six days elapsing between the first and second publication.

(Code 1973, § 17-4.9.15)

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Sec. 34-259. - Historic commission—Powers and duties.#

The historic commission shall have the power and authority for issuing or denying certificates of appropriateness for construction, reconstruction, substantial exterior alteration, razing, or relocation within the historic district. In addition, the board shall have the following duties:

(1) To assist and advise the town council, the planning commission and other town departments, agencies and property owners in matters involving historically significant sites and buildings, or other properties in historic districts such as, but not limited to, appropriate land usage, parking facilities, and signs.

(2) To continuously evaluate conditions and advise owners of historic landmarks or contributing structures or other properties in historic districts on problems of preservation.

(3) To conduct studies deemed necessary by the town council or planning commission concerning location of historic districts, and means of preservation, utilization, improvement and maintenance of historic assets in the town.

(4) To propose additional historic districts or additions or deletions to districts.

(5) To adopt standards for review to supplement the standards set forth in this division.

(6) To formulate recommendations to the town council concerning the establishment of an appropriate system of markers for selected historic sites and buildings, including proposals for the installation and care of such historic markers.

(7) To cooperate with and enlist assistance from the state department of historic resources, the National Trust for Historic Preservation, and other interested parties both public and private in its efforts to preserve, restore, and conserve historic landmarks, buildings, sites or areas within the town.

(Code 1973, § 17-4.9.16)

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Sec. 34-260. - Summary of administration review procedures.#

In general it is the purpose of this division to establish review procedures for actions affecting properties in the H-1 district which will be relatively simple with minimum delay for those actions which will have little if any permanent effect on the character of the historic district or on a significant structure but to require a more thorough review for actions which may have a substantial effect on the character of the district or on a significant structure. To this end some actions are exempted from special historic and architectural review altogether, except as normal review may be necessary for issuance of a building permit. Other actions, depending on the possible consequences thereof, may be reviewed by the zoning administrator or by the historic commission acting with original jurisdiction, or, in the most serious cases, action by the town council following action by the historic commission board. In all cases the decisions of the zoning administrator may be appealed to the historic commission, the decisions of the historic commission may be appealed to the town council, and the final decisions of the town council may be appealed to the circuit court of the county.

(Code 1973, § 17-4.9.17)

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Sec. 34-261. - Certain minor actions exempted from review by the architectural review board.#

Within the H-1 district certain minor actions which are deemed not to have permanent effects upon the character of the historic district are exempted from review for architectural compatibility by the historic commission. Such actions shall include the following and any similar actions which in the opinion of the zoning administrator will have no more effect on the character of the district than those listed:

(1) Repainting resulting in the same or very similar color to those colors specified in the design guidelines. (Original painting of masonry surfaces is not exempted from review.)

(2) Replacement of missing or broken window panes, roofing slates, tiles or shingles and except on landmark structures outside doors, window frames, or shutters where no substantial change in design or material is proposed.

(3) Addition or deletion of storm doors or storm windows, window gardens, or similar appurtenances and portable air conditioners located in existing windows, doors or other existing wall openings (if no building permit is required for such addition or deletion).

(4) Addition or deletion of television and radio antennas, or skylights and solar collectors in locations not visible from a public street or a waterway.

(5) Landscaping involving minor grading, walks, low retaining walls, temporary fencing, small fountains, ponds and the like, which will not substantially affect the character of the property and its surroundings.

(6) If consistent with the design guidelines, erection of any sign permitted in a residential district and any permitted non-illuminated flat or wall sign not exceeding three inches from a wall and not exceeding four square feet in area in a commercial or industrial district.

(7) Construction of off-street loading areas and off-street parking areas containing five spaces or less in a commercial or industrial district.

(8) Creation of outside storage having a structure footprint of less than 41 square feet in a commercial or industrial district which does not require structural changes or major grading and is not visible from a public street or waterway.

(Code 1973, § 17-4.9.18)

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Sec. 34-262. - Certain actions recommended in design guidelines exempted from review by the architectural review board; delegation of authority.#

(a) Within the H-1 district certain actions which meet established criteria and guidelines may be exempted from review for architectural compatibility by the historic commission. Such actions shall include those actions specifically designated as being recommended actions within a set of official design guidelines as adopted pursuant to section 34-265 by the historic commission and any similar actions which in the opinion of the historic commission will have no more effect on the character of the district than those recommended actions enumerated in the design guidelines adopted by the board.

(b) The historic commission may delegate and rescind, by affirmative vote of at least three members, all or part of its authority to issue a certificate of appropriateness to the zoning administrator. The zoning administrator may issue a certificate of appropriateness if an application meets the criteria in this section, and if no adjacent property owners make a written request for a public hearing by the historic commission within seven days of notification, and if the applicant pays the fee as set by town council. If one or more conditions are not met, then the historic commission shall meet and decide upon the application as otherwise indicated in this division.

(1) If a grant of authority to issue a certificate of appropriateness to the zoning administrator is made pursuant to subsection (b) of this section, the grant of authority shall include one of the following two limitations:

a. The zoning administrator shall require the applicant to notify all adjacent property owners of the applicant's plans and show proof of such notification prior to issuance of a certificate of appropriateness. If no adjacent property owner requests in writing a review by the historic commission within seven days of receipt of notification, then the zoning administrator may issue the certificate of appropriateness if the application is in conformity with all other sections of this Code.

b. The zoning administrator shall require the applicant to notify all adjacent property owners and members of the historic commission of the applicant's plans and show proof of such notification prior to issuance of a certificate of appropriateness. If no adjacent property owner or historic commission member requests in writing a review by the historic commission within seven days of receipt of notification, then the zoning administrator may issue the certificate of appropriateness if the application is in conformity with all other sections of this Code.

(2) In the event the historic commission fails to select either subsection (b)(1)a or (b)(1)b of this section when making its grant of authority to the zoning administrator, then subsection (b)(1)a of this section shall be automatically selected and binding.

(c) The delegation or rescission of any authority pursuant to this section to the zoning administrator to issue a certificate of appropriateness shall be reviewed no less than annually nor more often than quarterly by the commission at its first meeting after July 1. If no annual review is undertaken by the commission, then the preceding year's grant or rescission of authority shall stand until otherwise changed by the commission.

(d) The historic commission, or the zoning administrator, upon receiving a grant of any authority pursuant to this section from the historic commission, shall have authority to order that work be stopped and that an appropriate application be filed for review by the historic commission in any case where in his opinion the action may have an adverse effect on the historic district or may produce arresting and spectacular effects, violent contrasts of materials or colors and intense and lurid colors or patterns, or details clearly inconsistent with the character of the present structures or with the prevailing character of the surroundings and the historic district.

(e) The historic commission shall periodically review the design guidelines contained in this section.

(f) The authority to perform any action under this section not granted to the zoning administrator shall remain with the historic commission.

(Code 1973, § 17-4.9.19)

Sec. 34-263. - Approval of historic commission required.#

(a) Except as herein otherwise provided in this division, no building or structure, including signs, shall be erected, reconstructed, restored or substantially altered in exterior appearance and no buildings, structures or significant trees shall be razed or demolished within a historic district and no permit authorizing same shall be granted unless and until the same is approved by the historic commission and a certificate of appropriateness has been issued by that body, with right of direct appeal to the town council as hereinafter provided, as being architecturally compatible with the historical, cultural and/or architectural aspects of the structure and its surroundings.

(b) The term "substantial alterations" means any and all work done on buildings, structures or sites in a historic district other than those specifically exempted herein:

(1) General examples of "non-substantial" alterations:

a. Work done to prevent deterioration or to replace parts of a structure with similar materials in order to correct any deterioration, decay of or damage to any structure or on any part thereof; or

b. To restore same as nearly as practical to its condition prior to such deterioration, decay or damage.

(2) Examples of work not constituting "substantial alteration" include those minor actions exempted from review by section 34-261.

(3) General examples of work constituting "substantial alterations" include:

a. Construction of a new building at any location or a new accessory building on a landmark or contributing property or on a site within the historic district.

b. Any addition to or alteration of a building which increases the square footage of the building or otherwise alters substantially its size, height, contour or outline.

c. Any change or alteration of the exterior architectural style of a structure, including removal or rebuilding of porches, openings, dormers, window sash, chimneys, columns, structural elements, stairways, terraces and the like.

d. Any change or alteration of the exterior color scheme of the structure or any of its significant elements, including porches, openings, dormers, window sashes, awnings, canopies, chimneys, columns, stairways, terraces or any other structural elements. This also applies to all structures on the site.

e. Addition to or removal of one or more stories or alteration of a roofline.

f. Landscaping which involves major changes of grade or walls and fences more than three-and-one-half feet in height.

g. All signs except those exempted in section 34-261(6).

h. Any other major actions not specifically covered by the terms of this section but which would have a substantial effect on the character of the historic district.

(c) In any case in which there might be some question as to whether a project may be exempted from review, may constitute a minor action or may constitute "substantial alteration," the zoning administrator shall be contacted for an interpretation prior to commencement of work.

(Code 1973, § 17-4.9.20)

Sec. 34-264. - Certificate of appropriateness.#

Evidence of the approval required under the terms of the H-1 historic district shall be a certificate of appropriateness issued by the historic commission, or the zoning administrator as the case may require, stating that the demolition, moving or changes in the exterior architectural appearance of the proposed construction, reconstruction, alteration or restoration for which application has been made are approved by the historic commission or the administrator as the case may require. The historic commission, or the administrator in a case within his authority, may permit modifications of original proposals if such modifications are formally acknowledged, clearly described and recorded in the records of the case. A certificate of appropriateness shall be in addition to any other permits required. Any action by applicants following issuance of a permit requiring certificate of appropriateness shall be in accord with the application and material approved and any conditions appended thereto.

(Code 1973, § 17-4.9.21)

Sec. 34-265. - Design guidelines; standards for review.#

(a) In order to achieve the purposes of the H-1 district, the administrator and the historic commission shall be guided in their decisions by the design guidelines as authorized in subsection (b) of this section. In application of the standards and guidelines it should be recognized that the H-1 district in the town contains a considerable diversity in its architecture. Therefore, a variety of architectural styles are acceptable. In such an area, architectural detail is the key to preservation of the charm of the historic district.

(b) It shall be the duty of the historic commission to prepare, and adopt, and amend specific design guidelines, illustrated as necessary, for buildings, structures, and sites in the historic district.

(c) The historic commission may adopt and amend a set of design guidelines after conducting at least one public hearing pursuant to Code of Virginia, § 15.2-2206.

(Code 1973, § 17-4.9.22)

Sec. 34-266. - Demolition; alternate procedure; offer to sell.#

(a) Prior to approval of any application for demolition of a structure within the historic district, the zoning administrator, the historic commission, or the town council, as applicable, shall review the application for its compatibility with each of the following guidelines:

(1) Whether or not the building or structure is of such architectural or historic interest that its removal would be to the detriment of the public interest.

(2) Whether or not the building or structure is of such interest or significance that it would qualify as a national, state or local historic landmark.

(3) Whether or not retention of the building or structure would help to preserve and protect an historic place or area of historic interest in the town.

(4) Whether or not plans for future use of the site after demolition are appropriate at this location in the district.

(b) In addition to the right of appeal herein elsewhere set forth, the owner of a designated landmark, building or structure on the town register of historic places listed in section 34-247 hereof, shall as a matter of right, be entitled to raze or demolish such landmark, building or structure provided that:

(1) He has applied to the town council for such right;

(2) The owner has for the period of 12 months and at a price reasonably related to its fair market value, made a bona fide offer to sell such landmark, building or structure, and the land pertaining thereto, to the town or to any person, firm, corporation, government or agency thereof, or political subdivision or agency thereof, which gives reasonable assurance that he is willing to preserve and restore the landmark, building or structure and the land pertaining thereof; and

(3) That no bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such landmark, building or structure, and the land pertaining thereto, prior to the expiration of 12 months.

Any appeal which may be taken to the court from the decision of the town council, whether instituted by the owner or by any other proper party, notwithstanding the provisions heretofore stated relating to a stay of the decision appealed from, shall not affect the right of the owner to make the bona fide offer to sell referred to above. No offer to demolish shall be made more than one year after a final decision by the town council, but thereafter the owner may renew his request to the town council to approve the razing or demolition of the designated landmark, building or structure.

(Code 1973, § 17-4.9.23)

Sec. 34-267. - Hazardous buildings or structures.#

Nothing in this article shall prevent the razing or demolition of any building or structure without consideration of the historic commission which is in such an unsafe condition that it would endanger life or property, and protection from such condition is provided for in the building code and/or other applicable town ordinances. However, such razing or demolition shall not be commenced without written approval of the town administrator verifying the conditions necessitating such action.

(Code 1973, § 17-4.9.24)

Sec. 34-268. - Maintenance and repair required.#

(a) The purpose of this section is solely to stop demolition by neglect, whereby owners of property in the H-1 district jeopardize the future prosperity and well-being of the town by allowing historic assets to decay so as to allow the structure, or historic attributes of the structure, to become a hazardous building or structure.

(b) All buildings and structures in the H-1 district shall be preserved against decay and deterioration and maintained free from structural defects to the extent that such decay, deterioration or defects may, in the opinion of the historic commission and town council, result in the irreparable deterioration of any exterior appurtenance or architectural feature or produce a detrimental effect upon the character of the district as a whole or upon the life and character of the structure itself, including, but not limited to:

(1) The deterioration of exterior walls or other vertical supports, including broken doors and window panes;

(2) The deterioration of roofs or other horizontal members;

(3) The deterioration of exterior chimneys;

(4) The deterioration or crumbling of exterior plaster, wood or mortar;

(5) The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.

(c) After notice by the historic commission by certified mail of specific instances of failure to maintain or repair and of an opportunity to appear before the historic commission, the owner or person in charge of said structure shall have 90 days to remedy such violation. Thereafter, each day during which there exists any violation of this section shall constitute a separate offense and shall be punishable as provided in this division. In the alternative, if the owner fails to act, the historic commission may recommend to the town council that the town administrator, after due notice to the owner, enter the property and make or cause to be made such repairs as are necessary to preserve the integrity and safety of the structure and the reasonable costs thereof shall be placed as a lien against the property or, in a proper hardship case as determined by the town council, paid by the town from a fund established for such purposes.

(Code 1973, § 17-4.9.25)

Sec. 34-269. - File of actions to be maintained.#

In order to provide guidance for application of standards and guidelines, for the improvement of standards and guidelines, and for assistance to future applicants and the promotion of consistent policies in guiding applicants toward better standards of design, the administrator and the historic commission shall maintain a file containing a record of all applications brought before them, including drawings and photographs pertaining thereto and the decision of the administrator or the historic commission in each case. The file documents shall remain the property of the town but shall be held available for public review.

(Code 1973, § 17-4.9.26)

Sec. 34-270. - Administration; zoning administrator.#

Except as authorized herein the zoning administrator shall not authorize a permit for any erection, reconstruction, integral exterior facade change, demolition or razing of a building or structure in the historic district until the same has been approved by the historic commission as set forth in the following procedures.

(Code 1973, § 17-4.9.27)

Sec. 34-271. - Receipt of application.#

Upon receipt of an application by the zoning administrator for each permit in the historic district, the zoning administrator shall:

(1) Forthwith forward to the historic commission a copy of the application, together with a copy of the site plan and the building plans and specifications filed by the applicant if such application requires the historic commission to meet and render a decision;

(2) Maintain in his office a record of all such applications and of his handling and final disposition of the same;

(3) Require applicants to submit three copies of material required to permit compliance with the foregoing.

(Code 1973, § 17-4.9.28)

Sec. 34-272. - Material to be submitted for review.#

By general rule, or by specific request in a particular case, the historic commission may require submission of any or all of the following in connection with the application: architectural plans, site plans, landscaping plans, construction methods, proposed signs with appropriate detail as to character, proposed exterior lighting arrangements, elevations of all portions of structures with important relationships to public view (with indications as to visual construction materials, design of doors and windows, colors, and relationships to adjoining structures), and such other exhibits and reports as are necessary for its determinations. Requests for approval of activities proposed in historic districts shall be accepted only from the record owner of the land involved in such proposal, or his agent.

(Code 1973, § 17-4.9.29)

Sec. 34-273. - Other approvals required.#

In any case in which an applicant's proposal also requires the approval of the board of zoning appeals, final action by the board of zoning appeals shall precede final action by the historic commission. The board of zoning appeals may however, table a proposal in order to request the comments of the historic commission. Final action by the historic commission shall be taken prior to consideration of proposals requiring site plan approval. Preliminary and final subdivision plats shall be reviewed and commented upon by the historic commission prior to final action by the planning commission.

(Code 1973, § 17-4.9.30)

DIVISION 8. - HISTORIC DISTRICTS (Continued)#

Sec. 34-274. - Action by the historic commission; issuance of certificates of appropriateness.#

The historic commission shall render a decision upon any request or application for a certificate of appropriateness within 60 days after the filing of an application accepted as complete; failure of the historic commission to render such a decision within said 60-day period unless such period be extended with the concurrence of the applicant shall entitle the applicant to proceed as if the historic commission had granted the certificate of appropriateness applied for. Prior to denying the certificate of appropriateness, the historic commission, on the basis of the review of information received, shall, upon request, indicate to the applicant the changes in plans and specifications, if any, which in the opinion of the historic commission, would protect and/or preserve the historical aspects of the landmark, building, structure, or district. If the applicant determines that he will make the suggested changes and does so in writing, the historic commission may issue the certificate of appropriateness.

(Code 1973, § 17-4.9.31)

Sec. 34-275. - Expiration of certificates of appropriateness and permits to raze.#

Any certificate issued pursuant to this article and any permit to raze a building issued pursuant to this article shall expire of its own limitation 12 months from the date of issuance if the work authorized thereby is not commenced by the end of such 12-month period; and further, any such certificate and permit shall also expire and become null and void if such authorized work is suspended or abandoned for a period of 12 months after being commenced. Any period or periods of time during which the right to use any such certificate or permit is stayed pursuant to this article shall be excluded from the computation of the 12 months.

(Code 1973, § 17-4.9.32)

Sec. 34-276. - Inspection by administrator after approval.#

When a certificate of appropriateness has been issued, the administrator shall from time to time inspect the alteration or construction approved by such certificate and shall give prompt notice to the applicant of any work not in accordance with such certificate or violating any ordinances of the town. The administrator may revoke the certificate or the building permit if violations are not corrected by the applicant in a timely manner.

(Code 1973, § 17-4.9.33)

Sec. 34-277. - Delay of approval.#

In the case of a proposal other than for demolition or moving but involving a designated landmark where the historic commission, or, on appeal, the town council cannot reach a satisfactory agreement with the owner and where the historic commission or, on appeal, the town council decides such action to be in the public interest and not in conflict with any provision of law, it may delay the effective date of an approval for a period of three months from the date of application or appeal to enable negotiations to be undertaken and completed for acquisition of the property for preservation or public use. Failure of negotiations within this period shall be the equivalent of a denial of the application by the historic commission or, on appeal, by the town council.

(Code 1973, § 17-4.9.34)

Sec. 34-278. - Conditions imposed by the historic commission.#

In approval of any proposal under this section, the historic commission or, on appeal, the town council may limit such approval by such reasonable conditions as the case may require, including, but not limited to, the specifications enumerated for conditional uses and for the board of zoning appeals.

(Code 1973, § 17-4.9.35)

Sec. 34-279. - Appeals—Decisions of the historic commission.#

An appeal from a decision of the historic commission may be taken to the town council by the owner of the property in question or by any party aggrieved by said decision, which shall be taken within 30 days after the decision appealed from by filing with the administrator a notice of appeal specifying the grounds thereof. The administrator shall forthwith transmit to the town council all the papers constituting the record upon which the action appealed from was taken. The town council shall fix a reasonable time for the hearing, give public notice thereof as required by article X of this chapter for the board of zoning appeals and decide the same within 60 days. Upon the hearing, any party may appear in person or by agent or by attorney. In exercising its powers, the town council may, in conformity with the provisions of this division, reverse or affirm, wholly or partly, or may modify, any order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the historic commission.

(Code 1973, § 17-4.9.36)

Sec. 34-280. - Appeals—Decisions of the zoning administrator.#

An appeal from a decision of the zoning administrator made pursuant to section 34-279 may be taken to the historic commission by the owner of the property in question or by any party aggrieved by said decision, which shall be taken within 30 days after the decision appealed from by filing with the administrator a notice of appeal specifying the grounds thereof. The administrator shall forthwith transmit to the historic commission all the papers constituting the record upon which the action appealed from was taken. The historic commission shall fix a reasonable time for the hearing, give public notice thereof as required pursuant to Code of Virginia, § 15.1-431, and decide the same within 60 days. Upon the hearing, any party may appear in person or by agent or by attorney. In exercising its powers, the historic commission council may reverse or affirm, wholly or partly, or may modify any order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the zoning administrator.

(Code 1973, § 17-4.9.37)

Sec. 34-281. - Appeal to the circuit court from a decision of the town council.#

An appeal from a final decision of the town council may be filed with the circuit court within 30 days after said decision in the manner prescribed by law by the owner of the property in question or by the historic commission, or by any party aggrieved by said decision, or by any party who recorded an appearance at the hearing before the town council. The filing of an appeal shall stay the decision of the town council pending the outcome of the appeal to the court, except that the filing of such petition shall not stay the decision of the town council if such decision denies the right to raze or demolish a designated landmark, building or structure. The court may reverse or modify the decision of the town council, in whole or part, if it finds upon review that the decision of the town council is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the town council.

(Code 1973, § 17-4.9.38)

Sec. 34-282. - Violations and penalties.#

Any violation of this article and the penalties for all such violations shall be as set forth in section 34-736.

(Code 1973, § 17-4.9.39)

Sec. 34-283. - Definitions.#

For the purpose of this article, certain terms and words pertaining to the H-1 district are hereby defined. The general rules of construction contained in article III of this chapter are applicable to these definitions.

Administrator means the zoning administrator, that person appointed by the town council as the individual who issues the permit for the construction, alteration, reconstruction, repair, restoration, demolition or razing of all or part of any building.

Alteration means any change, modification or addition to a part or all of the exterior of any building or structure.

Building means any enclosed or open structure which is a combination of materials to form a construction for occupancy or use.

Building permit means an approval statement signed by the building permit office authorizing the construction, alteration, reconstruction, repair, restoration, demolition or razing of all or a part of any building.

Certificate of appropriateness means a certificate or other statement indicating approval by the administrator or the historic commission as the case may require of plans for construction alteration, reconstruction, repair, restoration, relocation, demolition or razing of a building or structure or part thereof in a historic district.

Contributing properties means those properties constructed 50 years or more ago.

Demolition means the dismantling or tearing down of all or part of any building and all operations incidental thereto.

Design guidelines means those set of guidelines, standards, and regulations adopted pursuant to section 34-265.

Historic district means an area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.

Historic landmark means any building or place listed on the National Register of Historic Places or on the register of the state historic landmarks commission, or any building or place officially on the town register of historic places adopted pursuant to section 34-247.

Reconstruction means any or all work needed to remake or rebuild all or part of any building to a sound condition, but not necessarily of original materials.

Repairs means any or all work involving the replacement of existing work with equivalent material for the purpose of maintenance, but not including any addition, change, or modification in construction.

Restoration means any or all work connected with the returning to or restoring of a building, or a part of any building, to its original condition through the use of original or nearly original materials.

(Code 1973, § 17-4.9.40)

---

DIVISION 9. - CHESAPEAKE BAY PRESERVATION AREA OVERLAY DISTRICT (CB-1)#

Footnotes: --- (2) ---

State Law reference— Local governments to designate Chesapeake Bay Preservation Areas, Code of Virginia § 62.1-44.15:74; local government land development regulation to comply with state act, 9 VAC 25-830-190.

Sec. 34-342. - Purpose.#

(a) The Chesapeake Bay and its tributaries are one of the most important and productive estuarine systems in the world, providing economic and social benefits to the citizens of the town and the commonwealth. The health of the bay is vital to maintaining the town's economy and the welfare of its citizens.

(b) The Chesapeake Bay waters have been degraded significantly by many sources of pollution from land uses and development. Existing high quality waters are worthy of protection from degradation to guard against further pollution. Certain lands that are proximate to shorelines have intrinsic water quality value due to the ecological and biological processes they perform. Other lands have severe development constraints from flooding, erosion, and soil limitations. With proper management, they offer significant ecological benefits by providing water quality maintenance and pollution control, as well as flood and shoreline erosion control. These lands together, designated by the town council as Chesapeake Bay Preservation Areas (CBPAs), need to be protected from destruction and damage in order to protect the quality of water in the bay and consequently the quality of life in the town and the commonwealth.

(c) It is the purpose of this chapter, adopted under the authority of Code of Virginia, § 62.1-44.15:67 et seq., the Chesapeake Bay Preservation Act, to support the goals and objectives of the Chesapeake Bay Preservation Act and the town comprehensive plan by protecting and improving the water quality of the Chesapeake Bay, its tributaries, buffer areas and other sensitive environmental lands by minimizing the potential adverse effects of human activity upon these areas. The intent of the article is to:

(1) Protect existing high quality state waters;

(2) Restore all other state waters to a condition or quality that will permit all reasonable public uses and will support the propagation and growth of all aquatic life, including game fish, which might reasonably be expected to inhabit them;

(3) Safeguard the clean waters of the commonwealth;

(4) Reduce existing pollution;

(5) Promote water resource conservation in order to provide for the health, safety, and welfare of the present and future citizens of the town.

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

(e) Additionally, these regulations are intended to prevent a net increase in non-point source pollution from new development, achieve a ten percent reduction in non-point source pollution from redevelopment, and achieve a 40 percent reduction in non-point source pollution from agricultural uses.

(Code 1973, § 17-4.10.1; 1-1-2004 amendment)

Sec. 34-343. - Areas of applicability.#

(a) The Chesapeake Bay Preservation Area Overlay District shall apply to all lands identified as resource protection areas (RPAs) and qualifying as resource management areas (RMAs) based upon the environmental data depicted on maps adopted by the town council that are on file in the office of the zoning administrator.

(1) The resource protection areas (RPA) include:

a. Tidal wetlands;

b. Non-tidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;

c. Tidal shores; and

d. A vegetated buffer area not less than 100 feet in width located adjacent to and landward of the components listed in subsections (a)(1)a through c of this section, and along both sides of any water body with perennial flow.

(2) The resource management areas (RMA) include:

a. The 100-year floodplain§;

b. Non-tidal wetlands not connected by surface flow and contiguous to tidal wetlands, water bodies with perennial flow or other tidal waters;

c. Highly erodible and highly permeable soils;

d. Slopes in excess of 15 percent.§

(b) The maps adopted by the town council show only the general location of CBPAs and should be consulted by persons contemplating activities within the town prior to engaging in a regulated activity. The specific location of RPAs on a lot or parcel shall be delineated on each site or parcel as required under section 34-352 through the review and approval of the plan of development process or as required under section 34-353 through the review and approval of a water quality impact assessment.

(Code 1973, § 17-4.10.2; 1-1-2004 amendment)

Sec. 34-344. - Use regulations.#

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

(Code 1973, § 17-4.10.3)

Sec. 34-345. - Development in resource protection areas.#

(a) Land development in resource protection areas shall only be permitted if it:

(1) Is water-dependent subject to the provisions of subsection (b) of this section;

(2) Constitutes redevelopment subject to the provisions of subsection (c) of this section;

(3) Is a road or driveway crossing subject to the provisions of subsection (d) of this section; and

(4) Constitutes a permitted encroachment subject to the provisions of section 34-350.

(b) A new or expanded water dependent facility shall be permitted provided that the following criteria are met:

(1) It does not conflict with the town comprehensive plan;

(2) It complies with the performance criteria set forth in section 34-351;

(3) Any non-water-dependent component is located outside of the RPA; and

(4) Access to the water-dependent facility will be provided with the minimum disturbance necessary. Where practicable, a single point of access will be provided.

(c) Redevelopment shall be permitted provided that the following criteria are met:

(1) It does not conflict with the town comprehensive plan;

(2) There is not an increase in the amount of impervious cover;

(3) No further encroachment within the RPA is created; and

(4) It complies with the performance criteria set forth in section 34-351.

(d) Roads and driveways not exempt under section 34-355 and which, therefore, must comply with the provisions of this chapter, may be constructed in or across RPAs if each of the following conditions are met:

(1) The zoning administrator makes a finding that there are no reasonable alternatives to aligning the road or drive in or across the RPA;

(2) The alignment and design of the road or driveway are optimized, consistent with other applicable requirements, to minimize encroachment in the RPA and minimize adverse effects on water quality;

(3) The design and construction of the road or driveway satisfy all applicable criteria of this chapter; and

(4) The zoning administrator reviews the plan for the road or driveway proposed in or across the RPA in coordination with the plan of development requirements as required under section 34-352.

(e) A water quality impact assessment as outlined in section 34-352 shall be required for any proposed land disturbance, development or redevelopment within resource protection areas and for any other development within resource management areas when required by the zoning administrator because of the unique characteristics of the site or intensity of development.

(Code 1973, § 17-4.10.4; 1-1-2004 amendment)

Sec. 34-346. - Lot size.#

Lot size shall be subject to the requirements of the underlying zoning district, provided that any newly created lot shall have sufficient area outside the resource protection areas to accommodate an intended development, in accordance with the performance standards in section 34-351, when such development is not otherwise allowed in the resource protection areas.

(Code 1973, § 17-4.10.5; 1-1-2004 amendment)

Sec. 34-347. - Interpretation of resource protection area boundaries.#

(a) Delineation by the applicant. The site-specific boundaries of the resource protection areas shall be determined by the applicant through the performance of an environmental site assessment or water quality impact assessment in accordance with section 34-353, subject to approval by the zoning administrator and in accordance with section 34-352. The map approved by the town council may be used as a guide to the general location of resource protection areas.

(b) Delineation by zoning administrator. The zoning administrator, when requested by the applicant wishing to construct a single-family residence, may waive the requirement for an environmental site assessment and perform the delineation. The zoning administrator may use hydrology, soils, plant species, and other data, and consult with other appropriate resources as needed to perform the delineation.

(c) Where conflict arises over delineation. Where the applicant has provided a determination of the resource protection areas, the zoning administrator shall verify the accuracy of the boundary delineation. In determining the site-specific RPA boundary, the zoning administrator may render adjustments to the applicant's boundary delineation, in accordance with section 34-352. In the event the adjusted boundary delineation is contested by the applicant, the applicant may seek relief, in accordance with the provisions of section 34-352(i).

(Code 1973, § 17-4.10.6; 1-1-2004 amendment)

Sec. 34-348. - Resource protection area buffer requirements.#

(a) To minimize the adverse effects of human activities on the other components of resource protection areas (RPA), state waters, and aquatic life, a 100-foot wide buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering non-point source pollution from runoff shall be retained if present and established where it does not exist.§

(b) The buffer area shall be located adjacent to and landward of other RPA components and along both sides of any water body with perennial flow. The 100-foot full buffer area shall be designated as the landward component of the resource protection areas, in accordance with sections 34-382. Notwithstanding permitted uses, encroachments, and vegetation clearing, as set forth in sections 34-345, 34-349 and 34-350 and this chapter, the 100-foot buffer area shall not be reduced in width.

(c) The 100-foot buffer area shall be deemed to achieve a 75 percent reduction of sediments and a 40 percent reduction of nutrients.§

(Code 1973, § 17-4.10.7; 1-1-2004 amendment)

Sec. 34-349. - Permitted modifications to the resource protection area buffer.#

(a) In order to maintain the functional value of the buffer area, indigenous vegetation may be removed only, subject to approval by the zoning administrator, to provide for reasonable sight lines, access paths, general woodlot management, and best management practices including those that prevent upland erosion and concentrated flows of stormwater, as follows:

(1) Existing trees over four inches in diameter at breast height (DBH) shall be preserved outside any approved construction footprint.

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

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

(4) Dead, diseased, or dying trees or shrubbery and noxious weeds (such as Johnson grass, kudzu and multiflora rose) may be removed and thinning of trees allowed as permitted by the zoning administrator pursuant to sound horticultural practices.

(5) For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements.

(6) All trees planted as replacement vegetation shall be mature, well-branched and a minimum of four feet in height (excluding root mass) at planting.

(7) All trees removed without approval of the zoning administrator shall be replaced on a basis of two replacement trees for every one removed.§

(b) On agricultural lands, the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area and appropriate measures may be taken to prevent noxious weeds from invading the buffer area. Agricultural activities may encroach into the buffer area as follows:

(1) Agricultural activities may encroach into the landward 50 feet of the 100-foot-wide buffer area when at least one agricultural best management practice, which addresses the more predominant water quality issue on the adjacent land (erosion control or nutrient management) is being implemented on the adjacent land, provided that the combination of the undisturbed buffer area and the best management practice achieves water quality protection, pollutant removal, and water resource conservation at least the equivalent of the 100-foot-wide buffer area. If nutrient management is identified as the predominant water quality issue, a nutrient management plan, including soil test, must be developed consistent with the "Virginia Nutrient Management Training and Certification Regulations" (4 VAC 5-15 et seq.) administered by the state department of conservation and recreation.

(2) Agricultural activities may encroach within the landward 75 feet of the 100-foot-wide buffer area when agricultural best management practices which address erosion control, nutrient management, and pest chemical control, are being implemented on the adjacent land. The erosion control practices must prevent erosion from exceeding the soil loss tolerance level, referred to as "T," as defined in the "National Soil Survey Handbook" of November 1996 in the "Field Office Technical Guide" of the U. S. Department of Agriculture Natural Resource Conservation Service. A nutrient management plan, including soil test, must be developed consistent with the "Virginia Nutrient Management Training and Certification Regulations" (4 VAC 5-15 et seq.) administered by the state department of conservation and recreation. In conjunction with the remaining buffer area, this collection of best management practices shall be presumed to achieve water quality protection at least the equivalent of that provided by the 100-foot wide buffer area.

(3) The buffer area is not required to be designated adjacent to agricultural drainage ditches if the adjacent agricultural land has in place at least one best management practice as considered by the local soil and water conservation district to address the more predominant water quality issue on the adjacent land either erosion control or nutrient management.

(c) When agricultural or silvicultural uses within the buffer area cease, and the lands are proposed to be converted to other uses, the full 100-foot-wide buffer area shall be reestablished. In reestablishing the buffer, management measures shall be undertaken to provide woody vegetation that ensures the buffer functions are maintained or established.

(Code 1973, § 17-4.10.8; 1-1-2004 amendment)

Sec. 34-350. - Permitted encroachments into the resource protection area buffer.#

(a) When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, the zoning administrator may permit encroachments into the buffer area in accordance with section 34-352 and the following criteria:

(1) Encroachments into the buffer area shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities;

(2) Where practicable, a vegetated area that will maximize water quality protection, mitigate the effects of the buffer encroachment, and is equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel; and

(3) The encroachment may not extend into the seaward 50 feet of the buffer area.§

(b) When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded between October 1, 1989, and January 1, 2004, the zoning administrator may permit encroachments into the buffer area in accordance with section 34-352 and the following criteria:

(1) Encroachments into the buffer area shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities;

(2) Where practicable, a vegetated area that will maximize water quality protection, mitigate the effects of the buffer encroachment, and is equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel;

(3) The encroachment may not extend into the seaward 50 feet of the buffer area;

(4) Conditions or mitigation measures imposed through a previously approved CBPA exception or variance shall be met; and

(5) If the use of a best management practice (BMP) was previously required, the BMP shall be evaluated to determine if it continues to function effectively and, if necessary, the BMP shall be reestablished or repaired and maintained as required.

(Code 1973, § 17-4.10.9; 1-1-2004 amendment)

Sec. 34-351. - Performance standards.#

All development or redevelopment of land in the resource protection areas (RPA) and resource management areas (RMA) shall meet the following performance standards:

(1) All development and redevelopment that exceeds 2,500 square feet of land disturbance shall be subject to a plan of development§ in accordance with section 34-352.

(2) Notwithstanding any other provisions of this chapter or exceptions or exemptions thereto, any land disturbing activity exceeding 2,500 square feet, including construction of all single-family houses, shall comply with the requirements of the town erosion and sedimentation control ordinance.

(3) Prior to initiating grading or other on-site activities on any portion of a lot or parcel, any wetlands permit required by the provisions of the county wetlands ordinance shall be obtained and evidence of such submitted to the zoning administrator prior to the approval of a plan of development as required by section 34-352.

(4) Land disturbance shall be limited to the area necessary to provide for the proposed use or development.

a. The limits of clearing and grading shall be reviewed and approved by the zoning administrator through the plan of development process. These limits shall be clearly shown on submitted plans and physically marked in the development site.

b. Ingress and egress during construction shall be limited to one access point, unless otherwise approved by the zoning administrator.

(5) Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the proposed use and development permitted and in accordance with the Virginia Erosion and Sediment Control Handbook.

a. Existing trees over four inches diameter at breast height (DBH) shall be preserved outside the approved construction footprint.§

b. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed, when approved by the zoning administrator. Other woody vegetation on-site shall also be preserved outside the approved construction footprint.

(6) Land development shall minimize impervious cover consistent with the proposed use or development.§

(7) On-site sewage treatment systems not permitted. All development within the town will require HRSD approval and hookup to the sewer system.§

(8) For any use or development, stormwater runoff shall be controlled by the use of best management practices consistent with the water quality protection provisions of the Virginia Stormwater Management Regulations§ (4 VAC 3-20-10 et seq.).

a. For development, the post-development non-point source pollution runoff load shall not exceed the predevelopment load;

b. For redevelopment, the non-point source pollution load shall be reduced by at least ten percent.§ The zoning administrator may waive or modify this requirement for redevelopment sites that originally incorporated best management practices for stormwater runoff quality control, provided the following provisions are satisfied:

1. In no case may the post-development non-point source pollution runoff load exceed the predevelopment load;

2. Runoff pollution loads must have been calculated and the BMPs selected for the expressed purpose of controlling non-point source pollution; and

3. If best management practices are structural, evidence shall be provided that facilities are currently in good working order and performing at the design levels of service.

(9) Land upon which agricultural activities are being conducted shall undergo a soil and water quality conservation assessment. Such assessments shall evaluate the effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient management and management of pesticides, and where necessary, result in a plan that outlines additional practices needed to ensure that water quality protection is accomplished consistent with this article.

(Code 1973, § 17-4.10.10; 1-1-2004 amendment)

Sec. 34-352. - Plan of development process.#

(a) Purpose and intent.#

The purpose of the plan of development process is to provide for a review process that ensures that development and redevelopment complies with the provisions of this division and that protects the quality of state waters.

(b) Applicability.#

A plan of development shall be required for any development or redevelopment exceeding 2,500 square feet of land disturbance in the resource protection areas (RPA) or resource management areas (RMA). A plan of development shall be approved prior to any development preparation activities on-site, such as clearing and grading of the site and the issuance of a zoning and building permit, to ensure compliance of all applicable requirements of this division.

(c) Submission and review requirements.#

(1) For all individual single-family dwellings in the RPA and all development in the RMA, the plan of development shall consist of the following plans and studies:#

a. A water quality impact assessment in accordance with the provisions of section 34-353.

b. An erosion and sedimentation control plan in accordance with the provisions of the county erosion and sedimentation control ordinance.

c. A valid Wetlands Permit for any activities specified as requiring a permit in the provisions of the county wetlands ordinance.

(2) For all development or redevelopment other than individual single-family dwellings in the RPA, the plan of development shall consist of the plans and studies:#

a. A water quality impact assessment in accordance with the provisions of section 34-353;

b. An environmental site assessment in accordance with the provisions of subsection (d) of this section;

c. A landscaping plan in accordance with the provisions of subsection (e) of this section;

d. A stormwater management plan in accordance with the provisions of subsection (f) of this section;

e. An erosion and sediment control plan in accordance with the provisions of the county erosion and sedimentation control ordinance;

f. A valid wetlands permit for any activities specified as requiring a permit in the provisions of county wetlands ordinance.

(3) Three copies of all plans of development shall be submitted to the zoning administrator for review. All information required by this subsection (c) must be submitted for an application to be considered complete.#

(d) Environmental site assessment.#

(1) The environmental site assessment shall be drawn to scale and clearly delineate the following environmental features:#

a. Tidal wetlands;

b. Tidal shores;

c. Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;

d. A 100-foot buffer located adjacent to and landward of the components listed in subsections (d)(1)a through c above, and along both sides of any water body with perennial flow; and

e. Other sensitive environmental features as determined by zoning administrator.

(2) Wetlands delineations shall be performed consistent with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1986.#

(3) The environmental site assessment shall delineate the geographic extent of the resource protection areas on the specific site or parcel as required under section 34-343.#

(4) The environmental site assessment shall be certified as complete and accurate by a professional engineer or a certified land surveyor. The zoning administrator may waive this requirement when the proposed use or development would result in less than 5,000 square feet of disturbed area.#

(e) Landscaping plan.#

(1) The landscaping plan shall be drawn to scale and clearly delineate the location, size and description of existing and proposed plant material. The plan shall include the following information:#

a. All existing trees on the site four inches or greater diameter at breast height (DBH) shall be shown on the landscaping plan, or where there are groups of trees, said stands may be outlined instead. The specific number of trees four inches or greater DBH to be preserved outside of the building envelope shall be indicated on the plan. Trees and other woody vegetation proposed to be removed to create the desired construction footprint shall be clearly delineated on the landscaping plan.

b. Any required RPA buffer area shall be clearly delineated and any plant material to be added to establish or supplement the buffer area, as required by this article, shall be shown on the landscaping plan.

c. Within the buffer area, trees and other woody vegetation to be removed for sight lines, vistas, access paths, and best management practices, as provided for in section 34-351, shall be shown on the plan. Vegetation required by this division to replace any existing trees within the buffer area shall also be depicted on the landscaping plan.

d. Trees and other woody vegetation to be removed for shoreline stabilization projects and any replacement vegetation required by this article shall be shown on the landscaping plan.

e. The plan shall depict grade changes or other work adjacent to trees which would affect them adversely. Specifications shall be provided as to how grade, drainage, and aeration would be maintained around trees to be preserved.

f. The landscaping plan will include specifications for the protection of existing trees and other vegetation during clearing, grading, and all phases of construction.

g. If the proposed development is a change in use from agricultural or silvilcultural to some other use, the plan must demonstrate the re-establishment of vegetation in the buffer area.

(2) Plant specifications.#

a. All plant materials necessary to supplement the buffer area or vegetated areas outside the construction footprint shall be installed according to standard planting practices and procedures.

b. All supplementary or replacement plant materials shall be living and in a healthy condition. Plant materials shall conform to the standards of the most recent edition of the American Standard for Nursery Stock, published by the American Association of Nurserymen.

c. Where areas to be preserved, as designated on an approved landscaping plan, are encroached, replacement of existing trees and other vegetation will be achieved at a two planted trees to one removed. All trees planted as replacement vegetation shall be mature, well-branched and a minimum of four feet in height (excluding root mass) at planting.

(3) Maintenance.#

a. The applicant shall be responsible for the maintenance, repair and replacement of all vegetation as may be required by the provisions of this chapter.

b. In buffer areas and areas outside the construction footprint, plant material shall be tended and maintained in a healthy growing condition and free from refuse and debris. Unhealthy, dying, or dead plant materials shall be replaced during the next planting season, as required by the provisions of this chapter.

(f) Stormwater management plan.#

(1) The stormwater management plan shall be drawn to scale and clearly delineate following information:#

a. Location and design of all planned stormwater control devices and BMPs;

b. Procedures for implementing non-structural stormwater control practices and techniques;

c. Pre- and post-development non-point source pollutant loadings with supporting documentation of all utilized coefficients and calculations;

d. For facilities, verification of structural soundness, including a Professional Engineer or Class IIIB Surveyor Certification;

(2) All engineering calculations must be performed in accordance with the procedures outlined in the current edition of the Virginia Stormwater Management Handbook.#

(3) The plan shall establish a schedule for inspection and maintenance of stormwater management facilities that includes all maintenance requirements and persons responsible for performing maintenance. If the designated maintenance responsibility is with a party other than the town then a maintenance agreement shall be executed between the responsible party and the town.#

(g) Installation and bonding requirements.#

(1) Where buffer areas, landscaping, stormwater management facilities or other specifications of an approved plan are required, no certificate of occupancy shall be issued until the installation of required plant material or facilities is completed in accordance with the approved site plan.#

(2) When the occupancy of a structure is desired prior to the completion of the required landscaping, stormwater management facilities, or other specifications of an approved plan, a certificate of occupancy may be issued only if the applicant provides to the town a form of surety satisfactory to the zoning administrator in an amount equal to the remaining plant materials, related materials, or installation costs of the required landscaping or facilities and/or maintenance costs for any required stormwater management facilities.#

(3) All required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy or the surety may be forfeited to the town.#

(4) All required stormwater management facilities or other specifications shall be installed and approved within 18 months of project commencement. Should the applicant fail, after proper notice, to initiate, complete or maintain appropriate actions required by the approved plan, the surety may be forfeited to the town. The town may collect from the applicant the amount by which the reasonable cost of required actions exceeds the amount of the surety held.#

(5) After all required action of the approved site plan have been completed, the applicant must submit a written request for final inspection. If the requirements of the approved plan have been completed to the satisfaction of the zoning administrator, such unexpended portion of the surety held shall be refunded to the applicant or terminated within 60 days following receipt of the applicant's request for final inspection.#

(h) Plan of development approval.#

The zoning administrator shall approve, approve subject to conditions or disapprove all plans of development. The zoning administrator shall return notification of plan review results to the applicant, including recommended conditions or modifications. In the event that the results and/or recommended conditions or modifications are acceptable to the applicant, the plan shall be so modified, if required, and approved.

(i) Denial of plan, appeal of conditions or modifications.#

In the event the final plan or any component of the plan of development process is disapproved or recommended conditions or modifications are unacceptable to the applicant, the applicant may appeal such administrative decision to the board of zoning appeals. In granting or denying an appeal, the board of zoning appeals must find such plan to be in accordance with all applicable ordinances and include necessary elements to mitigate any detrimental impact on water quality and upon adjacent property and the surrounding area, or such plan meets the purpose and intent of the performance standards in this division. If the board of zoning appeals finds that the applicant's plan does not meet the above-stated criteria, they shall deny approval of the plan.

(Code 1973, § 17-4.10.11; 1-1-2004 amendment)

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Sec. 34-353. - Water quality impact assessment.#

(a) Purpose and intent.#

The purpose of the water quality impact assessment is to:

(1) Identify the impacts of proposed land disturbance, development or redevelopment on water quality and lands in RPAs and other environmentally sensitive lands;#

(2) Ensure that, where land disturbance, development or redevelopment does take place within RPAs and other sensitive lands, it will occur on those portions of a site and in a manner that will be least disruptive to the natural functions of RPAs and other sensitive lands;#

(3) Protect individuals from investing funds for improvements proposed for location on lands unsuited for such development because of high groundwater, erosion, or vulnerability to flood and storm damage;#

(4) Provide for administrative relief from terms of this chapter when warranted and in accordance with the requirements contained herein; and#

(5) Specify mitigation that will address water quality protection.#

(b) Applicability.#

A water quality impact assessment shall be required for:

(1) Any proposed land disturbance, development or redevelopment activity within a resource protection areas as permitted consistent with section 34-345;#

(2) Any buffer modification or encroachment as provided for in section 34-348 or 34-349; or#

(3) Any other development in resource management areas as deemed necessary by the zoning administrator due to the unique site characteristics or intensity of the proposed use or development.#

(c) Minor water quality impact assessment.#

A minor water quality impact assessment shall be required for any development or redevelopment activity within an RPA that causes no more than 10,000 square feet of land disturbance and/or which proposes to modify or encroach into the landward 50 feet of the 100-foot buffer area as permitted under section 34-348(b). A minor water quality impact assessment shall be required for all individual single-family dwellings, regardless of size of land disturbance. A minor water quality impact assessment shall demonstrate through acceptable calculations that the undisturbed buffer area and necessary best management practices will result in removal of no less than 75 percent of sediments and 40 percent of nutrients from post-development stormwater runoff and will retard runoff, prevent erosion and filter non-point source pollution to the equivalent of the full undisturbed 100-foot buffer area. A minor water quality impact assessment shall include a site drawing to scale that shows the following:

(1) Location of the components of the RPA, including the 100-foot buffer area;#

(2) Location and nature of the proposed encroachment into the buffer area, including, type of paving material; areas of clearing or grading; location of any structures, drives, or other impervious cover; and sewage disposal systems or reserve drainfield sites;#

(3) Type and location of proposed best management practices to mitigate the proposed encroachment;#

(4) Location of existing vegetation on-site, including the number and type of trees and other vegetation to be removed in the buffer to accommodate the encroachment or modification; and#

(5) Re-vegetation plan that supplements the existing buffer vegetation in a manner that provides for pollutant removal, erosion and runoff control.#

(d) Major water quality impact assessment.#

A major water quality impact assessment shall be required for any development or redevelopment activity within an RPA that causes more than 10,000 square feet of land disturbance and/or which proposes to modify or encroach into the landward 50 feet of the 100-foot buffer area as permitted under section 34-348(b). A major water quality impact assessment shall be required for any other development in resource management areas as deemed necessary by the zoning administrator due to the unique site characteristics or intensity of the proposed use or development. A major water quality impact assessment shall demonstrate through acceptable calculations that the remaining buffer area and necessary best management practices will result in removal of no less than 75 percent of sediments and 40 percent of nutrients from post-development stormwater runoff and will retard runoff, prevent erosion and filter non-point source pollution to the equivalent of the full undisturbed 100-foot buffer area. A major water quality impact assessment shall include a site drawing to scale showing the following:

(1) All of the information required in a minor water quality impact assessment, as specified in section 34-353(c);#

(2) A hydrogeological study that describes the existing topography, soils, hydrology and geology on the site and adjacent lands, and indicates the impacts of the proposed development on these features as well as the following:#

a. Any detrimental impact on wetlands, including, but not limited to, any disturbance or removal, and justification of such action;

b. Disruptions or reductions in the supply of water to wetlands, streams, lakes, rivers or other waterbodies;

c. Disruptions to existing hydrology including wetlands and stream circulation patterns;

d. Source location of and description of proposed fill material;

e. Location of dredging and location of dumping area for such dredged material;

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

g. Estimation of percent increase in impervious surface on-site, type of surfacing material used;

h. Percent of site to be cleared for project;

i. Anticipated duration and phasing schedule of construction project; and

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

(3) Describes the proposed mitigation measures for the potential hydrogeological impacts. Potential mitigative measures include:#

a. Additional proposed erosion and sediment control concepts beyond those normally required under section 34-352(f); these additional concepts may include the following: minimizing the extent of cleared area; perimeter controls; reduction of runoff velocities; measures to stabilize disturbed areas; schedule and personnel for site inspection; and

b. Proposed stormwater management system for non-point source quality and quantity control.

(e) Submission requirements.#

Three copies of all water quality impact assessments shall be submitted to the zoning administrator for review. All information required by section 34-353(c) or (d) must be submitted for an application to be considered complete.

(f) Evaluation procedure.#

(1) Upon the completed review of a minor water quality impact assessment, the zoning administrator will determine that any proposed modification or encroachment into the buffer area is consistent with the provisions of this division and make a finding based upon the following criteria:#

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

b. Impervious surface is minimized;

c. Proposed mitigation measures, including the revegetation plan and site design, result in minimal disturbance to all components of the RPA, including the 100-foot buffer area;

d. Proposed mitigation measures will work to retain all buffer area functions: pollutant removal, erosion and runoff control;

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

f. The development, as proposed, is consistent with the spirit and intent of this division;

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

(2) Upon the completed review of a major water quality impact assessment, the zoning administrator will determine whether or not the proposed development is consistent with the spirit and intent of this division and make a finding based upon the following criteria:#

a. Within any RPA, the proposed development is water-dependent or redevelopment;

b. The percentage of existing wetlands disturbed by the development. The number of square feet or acres to be disturbed;

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

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

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

f. Proposed stormwater management concepts are adequate to control the stormwater runoff to achieve "no net increase" in pollutant loadings;

g. Proposed revegetation of disturbed areas will provide optimum erosion and sediment control benefits, as well as runoff control and pollutant removal equivalent of the full 100-foot undisturbed buffer area;

h. The design and location of any proposed drainfield will be in accordance with the requirements of section 34-352(f);

i. The development is consistent with the spirit and intent of the overlay district.

(3) The zoning administrator shall require additional mitigation where potential impacts have not been adequately addressed. Evaluation of mitigation measures will be made by the zoning administrator based on the criteria listed in subsection (f) of this section.#

Sec. 34-354. - Nonconforming uses and structures.#

(a) The lawful use of a building or structure which existed on January 1, 2004, and which is not in conformity with the provisions of this district may be continued in accordance with this division.

(b) No change or expansion of use shall be allowed with the exception that:

(1) The zoning administrator may grant a nonconforming use waiver for structures on legal nonconforming lots or parcels to provide for remodeling, alterations or additions to such nonconforming structures provided that:

a. There will be no increase in non-point source pollutant load; and

b. Any development or land disturbance exceeding an area of 2,500 square feet complies with all erosion and sediment control requirements of the county erosion and sedimentation control ordinance.

(2) The zoning administrator may grant a nonconforming use waiver for reconstruction of preexisting structures occurring as a result of casualty loss.

(3) An application for a nonconforming use waiver shall be made to and upon forms furnished by the zoning administrator and shall include for the purpose of proper enforcement of this division, the following information:

a. Name and address of applicant and property owner;

b. Legal description of the property and type of proposed use and development;

c. A sketch of the dimensions of the lot or parcel, location of buildings and proposed additions relative to the lot lines, and boundary of the resource protection areas;

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

(4) An application for the expansion of a legal principal nonconforming structure shall be approved by the zoning administrator through an administrative review process provided that the following findings are made:

a. The request for the waiver is the minimum necessary to afford relief;

b. Granting the waiver will not confer upon the applicant any specific privileges that are denied by this article to other property owners in similar situations;

c. The waiver is in harmony with the purpose and intent of this division and does not result in water quality degradation;

d. The waiver is not based on conditions or circumstances that are self-created or self-imposed;

e. Reasonable and appropriate conditions are imposed, as warranted, that will prevent the waiver from causing a degradation of water quality;

f. Other findings, as appropriate and required by the zoning administrator are met; and

g. In no case shall this provision apply to accessory structures.

(5) A nonconforming use waiver shall become null and void 12 months from the date issued if a zoning and building permit has not been obtained for the project.

(6) A nonconforming use waiver shall be issued only on the basis of plans and applications approved by the zoning administrator and authorizes only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed violation of this division and punishable under sections 34-352 and 34-353.

(Code 1973, § 17-4.10.13; 1-1-2004 amendment)

Sec. 34-355. - Exemptions.#

(a) Exemptions for public utilities, railroads, public roads, and facilities.

(1) Construction, installation, operation, and maintenance of electric, natural gas, fiber-optic, and telephone transmission lines, railroads, and public roads and their appurtenant structures in accordance with regulations promulgated pursuant to the Erosion and Sediment Control Law (Code of Virginia, § 10.1-560 et seq.) and the Stormwater Management Act (Code of Virginia, § 10.1-603.1 et seq.), an erosion and sediment control plan and a stormwater management plan approved by the state department of conservation and recreation, or the local water quality protection criteria at least as stringent as the above state requirements are deemed to comply with this division.

(2) The exemption of public roads is further conditioned on the following: the road alignment and design has been optimized, consistent with all applicable requirements, to prevent or otherwise minimize the encroachment in the resource protection areas and to minimize the adverse effects on water quality.

(b) Exemptions for local utilities and other service lines. Construction, installation, and maintenance of water, sewer, natural gas, underground telecommunications and cable television lines owned, permitted, or both, by a local government or regional service authority shall be exempt from the overlay district provided that:

(1) To the degree possible, the location of such utilities and facilities should be outside resource protection areas;

(2) No more land shall be disturbed than is necessary to provide for the proposed utility installation;

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

(4) Any land disturbance exceeding an area of 2,500 square feet complies with the county erosion and sedimentation control ordinance.

(c) Exemptions for silvicultural activities. Silvicultural activities are exempt from the requirements of this chapter provided that silvicultural operations adhere to water quality protection procedures prescribed by the state department of forestry in the January 1997 edition of "Best Management Practices for Forestry Operations. [Technical Guide]."

(d) Exemptions in resource protection areas. The following land disturbances in resource protection areas may be exempt from the overlay district, provided that they comply with the requirements listed below in subsections (d)(1) through (4) of this section:

(1) Water wells;

(2) Passive recreation facilities such as boardwalks, trails, and pathways;

(3) Historic preservation and archaeological activities;

(4) Any required permits, except those to which this exemption specifically applies, shall have been issued;

(5) Sufficient and reasonable proof is submitted that the intended use will not deteriorate water quality;

(6) The intended use does not conflict with nearby planned or approved uses;

(7) Any land disturbance exceeding an area of 2,500 square feet shall comply with the county erosion and sedimentation control ordinance.

(Code 1973, § 17-4.10.14; 1-1-2004 amendment)

Sec. 34-356. - Exceptions.#

(a) A request for an exception to the requirements of sections 34-345, 34-348, 34-349, 34-350 shall be made in writing to the board of zoning appeals. It shall identify the impacts of the proposed exception on water quality and on lands within the resource protection areas through the performance of a water quality impact assessment that complies with the provisions of section 34-353.

(b) The board of zoning appeals shall notify the affected public of any such exception requests and shall consider these requests in a public hearing in accordance with Code of Virginia, § 15.2-2204.

(c) The board of zoning appeals shall review the request for an exception and the water quality impact assessment and may grant the exception with such conditions and safeguards as deemed necessary to further the purpose and intent of this division if the board of zoning appeals finds:

(1) Granting the exception will not confer upon the applicant any special privileges denied by this division to other property owners in the overlay district;

(2) The exception request is not based on conditions or circumstances that are self-created or self-imposed, nor does the request arise from conditions or circumstances either permitted or nonconforming that are related to adjacent parcels;

(3) The exception request is the minimum necessary to afford relief;

(4) The exception request will be in harmony with the purpose and intent of the overlay district, not injurious to the neighborhood or otherwise detrimental to the public welfare, and is not of substantial detriment to water quality; and

(5) Reasonable and appropriate conditions are imposed which will prevent the exception request from causing a degradation of water quality.

(d) If the board of zoning appeals cannot make the required findings or refuses to grant the exception, the board of zoning appeals shall return the request for an exception together with the water quality impact assessment and the written findings and rationale for the decision to the applicant.

(e) A request for an exception to the requirements of provisions of this article other than sections 34-345, 34-348, 34-349 and 34-350 shall be made in writing to the zoning administrator. The zoning administrator may grant these exceptions, provided that:

(1) Exceptions to the requirements are the minimum necessary to afford relief;

(2) Reasonable and appropriate conditions are placed upon any exception that is granted, as necessary, so that the purposed and intent of this chapter is preserved; and

(3) Exceptions under section 34-351 may only be made, provided that findings noted in subsection (c) of this section have been made.

(f) An exception shall become null and void 12 months from the date issued if a zoning and building permit has not been obtained for the project.

(g) An exception shall be issued only on the basis of plans and applications approved by the zoning administrator and authorizes only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed violation of this division and punishable under section 34-352 and 34-353.

(h) Subject to Code of Virginia, § 15.2-2309.2, the exception process shall not preclude the right of any property owner to obtain a variance to the provisions of this chapter, when, owing to special conditions, a literal enforcement of the provisions of this division will result in unnecessary hardship. The procedures set forth in section 34-684 shall be followed for obtaining a variance.

(Code 1973, § 17-4.10.15; 1-1-2004 amendment)

Sec. 34-357. - Definitions.#

The following words and terms used in this division have the following meanings, unless the context clearly indicates otherwise. Words and terms not defined here but defined elsewhere in this chapter shall be given the meanings set forth therein.

Agricultural lands means those lands used for the planting and harvesting of crops or plant growth of any kind in the open; pasture; horticulture; dairying; floriculture; floriculture; or raising of poultry and/or livestock.

Best management practice or BMP means a practice, or a combination of practices, that is determined by a state or designated area-wide planning agency to be the most effective, practicable means of preventing or reducing the amount of pollution generated by non-point sources to a level compatible with water quality goals.

Buffer area means an area of natural or established vegetation managed to protect other components of a resource protection areas and state waters from significant degradation due to land disturbances.

Chesapeake Bay Preservation Area or CBPA means any land designated by the town council pursuant to Part III of the Chesapeake Bay Preservation Area Designation and Management Regulations, 9 VAC 10-20-70 et seq., and Code of Virginia, § 10.1-2107. A Chesapeake Bay Preservation Area shall consist of a resource protection areas and a resource management areas. All land lying inside the corporate boundaries of the town shall lie within the Chesapeake Bay Preservation Area.

Construction footprint means the area of all man-made impervious surface, including, but not limited to, buildings, roads and drives, parking areas, and sidewalks and the area necessary for construction of such improvements.

Development means the construction, or substantial alteration, of residential, commercial, industrial, institutional, recreation, transportation, or utility facilities or structures.

Diameter at breast height or DBH means the diameter of a tree measured outside the bark at a point 4½ feet above ground.

Dripline means a vertical projection to the ground surface from the furthest lateral extent of a tree's leaf canopy.

Highly erodible soils means soils (excluding vegetation) with an erodibility index (EI) from sheet and rill erosion equal to or greater than eight. The erodibility index for soil is defined as the product of the formula RKLS/T, where K is the soil susceptibility to water erosion in the surface layer; R is the rainfall and runoff; LS is the combined effects of slope length and steepness; and T is the soil loss tolerance.

Highly permeable soils means soils with a given potential to transmit water through the soil profile. Highly permeable soils are identified as any soil having a permeability equal to or greater than six inches of water movement per hour in any part of the soil profile to a depth of 72 inches (permeability groups rapid and very rapid) as found in the National Soil Survey Handbook of November 1996 in the Field Office Technical Guide of the U.S. Department of Agriculture National Resources Conservation Service.

Impervious cover means a surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to, roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface.

Intensely developed areas or IDAs means a portion of a resource protection areas or a resource management areas designated by the town council where development is concentrated and little of the natural environment remains and which was served by a public water and/or sewer utility on October 16, 1991.

Non-point source pollution means pollution consisting of constituents such as sediment, nutrients, and organic and toxic substances from diffuse sources, such as runoff from agriculture and urban land development and use.

Non-tidal wetlands means those wetlands other than tidal wetlands that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to section 404 of the Federal Clean Water Act, in 33 CFR 328.3b.

Noxious weeds means weeds that are difficult to control effectively, such as Johnson Grass, Kudzu, and multiflora rose.

Plan of development means the process for site plan or subdivision plat review to ensure compliance with Code of Virginia, § 10.1-2109, and this division, prior to any clearing or grading of a site or the issuance of a building permit.

Public road means a publicly owned road designed and constructed in accordance with water quality protection criteria at least as stringent as requirements applicable to the state department of transportation, (VDOT), including regulations promulgated pursuant to the Erosion and Sediment Control Law (§ 10.1-603.1 et seq. of the Code of Virginia). The term "public road" includes those roads where the VDOT exercises direct supervision over the design or construction activities, or both, and cases where secondary roads are constructed and maintained, or both, by the town in accordance with the standards of the town. The term "public road" does not include a road designed and/or constructed by a private developer using VDOT standards.

Redevelopment means the process of developing land that is or has been previously developed within the past 50 years. See 9 VAC 10-20-40

Resource management area (RMA) means the component of the Chesapeake Bay Preservation Area that is not classified as the resource protection areas. The term "resource management area" includes land types that, if improperly used or developed, have the potential for causing significant water quality degradation or for diminishing the functional value of the resource protection areas.

Resource protection area (RPA) means the component of the Chesapeake Bay Preservation Area comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters.

Silvicultural activities means forest management activities, including, but not limited to, the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation that are conducted in accordance with the silvicultural best management practices developed and enforced by the state forester pursuant to Code or Virginia, § 10.1-1105, and are located on property defined as real estate devoted to forest use under Code of Virginia, § 58.1-3230.

Substantial alteration means expansion or modification of a building or development that would result in a disturbance of land exceeding an area of 2,500 square feet in the resource management areas only.

Tidal shore or shore means land contiguous to a tidal body of water between the mean low water level and the mean high-water level.

Tidal wetlands means vegetated and non-vegetated wetlands as defined in Code of Virginia, § 28.2-1300.

Water-dependent facility means a development of land that cannot exist outside of the resource protection areas and must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include, but are not limited to:

(1) Ports;

(2) The intake and outfall structures of power plants, water treatment plants, sewage treatment plants, and storm sewers;

(3) Marinas and other boat docking structures;

(4) Beaches and other public water-oriented recreations areas; and

(5) Fisheries or other marine resources facilities.

Wetlands means tidal and non-tidal wetlands

(Code 1973, § 17-4.10.16; 1-1-2004 amendment)

ARTICLE IV. - FLOODPLAIN DISTRICT#

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Sec. 34-378. - General provisions.#

The purpose of this division is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, and the extraordinary and unnecessary expenditures of public funds for flood protection and relief, and the impairment of the tax base by:

1. Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies;

2. Restricting or prohibiting future uses, activities, and development from locating within areas subject to flooding;

3. Requiring all those uses, activities, and developments that do occur in floodprone areas to be protected and/or floodproofed against flooding and flood damage; and

4. Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.

(Code 1973, § 17-4.11.1)

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Sec. 34-379. - Applicability.#

The provisions of this division shall apply to all lands within the jurisdiction of the town and identified as being in the 100-year floodplain by the Federal Insurance Administration.

(Code 1973, § 17-4.11.2)

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Sec. 34-380. - Compliance and liability.#

(a) No land shall hereafter be developed and no structure shall be located, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this division and any other applicable chapters or regulations which apply to uses within the jurisdiction of this division.

(b) The degree of flood protection sought by the provisions of this division is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Large floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain district, or that land uses permitted within such districts will be free from flooding or flood damages.

(c) The division shall not create any liability on the part of the town or any officer or employee thereof for any flood damages that result from reliance on this division or any administrative decision lawfully made thereunder.

(Code 1973, § 17-4.11.3)

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Sec. 34-381. - Abrogation and greater restrictions.#

This division supersedes any ordinance currently in effect in floodprone areas. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this chapter.

(Code 1973, § 17-4.11.4)

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Sec. 34-382. - Severability.#

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this division. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this article are hereby declared to be severable.

(Code 1973, § 17-4.11.5)

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Sec. 34-383. - Penalties.#

(a) Any person who fails to comply with any of the requirements or provisions of this division or directions of the zoning administrator or any other authorized employee of the town shall be guilty of a misdemeanor of the first class and subject to the penalties therefor.

(b) In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this division. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance to permit it to continue, and all such persons shall be required to correct such violations or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this division may be declared by the town council to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article.

(Code 1973, § 17-4.11.6)

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Sec. 34-384. - Definitions.#

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Base flood/100-year flood means a flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring each year, although the flood may occur in any year).

Board of zoning appeals means as created pursuant to article XI of this chapter, and/or the board appointed to review appeals made by individuals with regard to decisions of the zoning administrator in the interpretation of this division.

Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations.

Flood means a general and temporary inundation of normally dry land areas.

Floodplain means:

1. A relatively flat or low area adjoining a river, stream, or watercourse which is subject to partial or complete inundation;

2. An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

Floodprone area means any land susceptible to being inundated by water from any source.

Manufactured homes means a structure, transportable in one or more sections, which is built on a permanent chassis, and designed to be used with or without permanent foundation, when connected to the required utilities. The term "manufactured homes" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 days.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more lots for rent or sale.

(Code 1973, § 17-4.11.7)

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Sec. 34-385. - Description of district.#

(a) Basis of the district. The floodplain district shall include areas subject to inundation by waters of the 100-year flood. The basis for the delineation of the district shall be the 100-year flood elevations or profiles contained in the Flood Insurance Study for the town prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated November 3, 1989, as amended.

(b) The floodplain district described above shall be an overlay to the existing underlying districts as shown on the official zoning map, and as such, the provisions of the floodplain district shall serve as a supplement to the underlying district provisions.

(c) Any conflict between the provisions or requirements of the floodplain district and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain district shall apply.

(d) In the event any provision concerning the floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial decisions, the basic underlying provisions shall remain applicable.

(Code 1973, § 17-4.11.8)

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Sec. 34-386. - Official zoning map.#

The boundaries of the floodplain district are established as shown on the Flood Insurance Rate Map which is declared to be a part of this division and which shall be kept on file at the town office.

(Code 1973, § 17-4.11.9)

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Sec. 34-387. - District boundary changes.#

The delineations of the floodplain district may be revised by the town council where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.

(Code 1973, § 17-4.11.10)

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Sec. 34-388. - Interpretation of district boundaries.#

Initial interpretation of boundaries of the floodplain district shall be made by the zoning administrator. Should a dispute arise concerning the boundaries of the district, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires.

(Code 1973, § 17-4.11.11)

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Sec. 34-389. - General provisions.#

(a) Permit requirement. All uses, activities, and development occurring within the floodplain district shall be undertaken only upon issuance of a zoning permit.§ Such development shall be undertaken only in strict compliance with the provisions of this chapter and with all applicable codes and ordinances, such as the Uniform Statewide Building Code and the town subdivision regulations. Prior to the issuance of any such permit, the zoning administrator shall require all applications to include compliance with all applicable state and federal laws. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodway of any watercourse, drainage ditch, or any other drainage facility or system.

(b) Alteration or relocation of watercourse. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. Corps of Engineers, the state marine resources commission, the state water control board (a joint permit application is available from any one of these organizations). Notification of the proposal shall be given to all adjacent jurisdictions, the Division of Soil and Water Conservation (Department of Conservation and Recreation), and the Federal Insurance Administration.

(c) Site plans and permit applications. All applications for development in the floodplain district and all building permits issued for the floodplain shall incorporate the following information:

1. For structures that have been elevated, the elevation of the lowest floor (including basement).

2. For structures that have been floodproofed (nonresidential only), the elevation to which the structure has been floodproofed.

3. The elevation of the 100-year flood.

(d) Encroachment provisions.

1. No new construction or development shall be permitted within the floodplain district unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the 100-year flood more than one foot at any point.

2. Within any floodway area, no encroachments, including fill, new construction, substantial improvements, and other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the 100-year flood elevation.

(e) Manufactured homes. All manufactured homes to be placed or substantially improved within the floodplain district shall be placed on a permanent foundation and elevated and anchored in accordance with the Uniform Statewide Building Code.§

(Code 1973, § 17-4.11.12)

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Sec. 34-390. - Design criteria for utilities and facilities.#

(a) Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pump stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.

(b) Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages.

(c) Drainage facilities. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall insure drainage away from buildings and on-site waste disposal sites. The zoning administrator may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.

(d) Utilities. All utilities, such as gas lines, electrical and telephone systems being placed in floodprone areas should be located, elevated (where possible), and constructed to minimize the chance of impairment during a flooding occurrence.

(e) Streets and sidewalks. Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights.

(Code 1973, § 17-4.11.13)

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Sec. 34-391. - Variances; factors to be considered.#

In passing upon applications for variances, the board of zoning appeals shall satisfy all relevant factors and procedures specified in other sections of this chapter and consider the following additional factors:

1. The danger to life and property due to increased flood heights or velocities caused by encroachments.

2. The danger that materials may be swept on to other lands or downstream to the injury of others.

3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

5. The importance of the services provided by the proposed facility to the community.

6. The requirements of the facility for a waterfront location.

7. The availability of alternative locations not subject to flooding for the proposed use.

8. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

9. The safety of access by ordinary and emergency vehicles to the property in time of flood.

10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

11. Such other factors which are relevant to the purposes of this division.

(Code 1973, § 17-4.11.14)

Article V. - Supplementary District Regulations#

Sec. 34-392. - Other variance considerations.#

(a) The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.

(b) Variances shall be issued only after the board of zoning appeals has determined that the granting of such:

(1) Will not result in:

a. Unacceptable or prohibited increases in flood heights;

b. Additional threats to public safety;

c. Extraordinary public expense; and

(2) Will not:

a. Create nuisances;

b. Cause fraud or victimization of the public; or

c. Conflict with local laws or chapters.

(c) Variances shall be issued only after the board of zoning appeals has determined that variance will be the minimum required to provide relief from any hardship to the applicant.

(d) The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 100-year flood elevation increases the risks to life and property and will result in increased premium rates for flood insurance.

(e) A record shall be maintained of the notification mentioned in subsection (d) of this section as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

(Code 1973, § 17-4.11.15)

Sec. 34-393. - Existing structures in floodplain districts.#

A structure or use of a structure or premises which lawfully existed before the enactment of the ordinance from which this division is derived, but which is not in conformity with this division, may be continued subject to the following conditions:

(1) Any modification, alterations, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain district to an extent or amount of less than 50 percent of its market value, shall be elevated and/or floodproofed to the greatest extent possible.§

(2) The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain district, to an extent or amount of 50 percent or more of its market value, shall be undertaken only in full compliance with the provisions of the Uniform Statewide Building Code.

(3) Uses or adjuncts thereof which are, or become, nuisances shall not be permitted to continue.

(Code 1973, § 17-4.11.16)

Sec. 34-415. - Purpose.#

The purpose of these supplementary district regulations is to set specific conditions with various uses, classifications of uses, or areas where problems are frequently encountered with respect to the zoning districts.

(Code 1973, § 17-5.1)

Sec. 34-416. - Home occupations.#

Any occupation, profession, enterprise or activity conducted solely by one or more members of a family on the premises which is incidental and secondary to the use of the premises for dwelling may be permitted under an approved special use permit, with the appropriate certificate of occupancy, provided that:

(1) Not more than the equivalent area of one quarter of one floor of any principal or accessory structure shall be used for such purpose.§

(2) External alterations required by such occupation shall be subject to special use provisions contained in article IX of this chapter.

(3) No more than two persons, other than a member of the family, shall be employed on the premises.§

(4) No commodity is stored or sold, except such as made on the premises or related to the home occupation.§

(5) There shall be no group instruction, assembly or activity, or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.§

(6) The home occupation or use is in compliance with all other sections of this Code and all other rules, regulations and ordinances of the town.

(Code 1973, § 17-5.2)

Sec. 34-417. - Conversion of dwellings to more units.#

No residence may be converted to accommodate an increased number of dwelling units unless:

(1) The number of dwelling units currently existing is less than the number permitted by the zoning regulations for new structures in that district;

(2) The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district;

(3) The lot area per family equals the lot area requirements for new structures in that district; and

(4) The conversion is in compliance with all other relevant codes and chapters.

(Code 1973, § 17-5.3)

Sec. 34-418. - Temporary buildings, construction trailers, and mobile homes.#

Temporary buildings, construction trailers, and mobile homes used in conjunction with construction work only may be permitted in any district during the period when construction work is in progress, but such temporary facilities shall be removed immediately upon completion of the construction work.§

(Code 1973, § 17-5.4)

Sec. 34-419. - Erection of more than one principal structure on a lot.#

In all districts, more than one structure of the permitted principal use may be erected or placed on a single lot, provided that a special use permit is obtained and all other requirements of this article shall be met for each structure as though it were on an individual lot.§

(Code 1973, § 17-5.5)

Sec. 34-420. - The Virginia Condominium Act.#

Nothing in this article shall be interpreted to prohibit condominiums as such by reason of the form of ownership inherent therein. Neither shall any condominium be treated differently under any provision in this article which would permit a physically identical project or development under a different form of ownership.

(1) All condominium projects or developments hereafter constructed shall comply with the provisions of this chapter, including the requirements for approval of site plans. Whenever an existing project or development is to be converted to condominium ownership involving certain land areas to be held as common elements, limited or otherwise, a site plan shall be filed showing the extent and ownership of such holdings. Nothing in this requirement shall be interpreted to abridge any rights said project or development may hold as a nonconforming use.

(2) Any declaration of restrictions to be filed in connection with any project covered by the provisions of this article shall comply in all respects with the provisions of the Virginia Condominium Act not in direct conflict with the requirements of this article.

(Code 1973, § 17-5.6)

Sec. 34-421. - Exceptions to height regulations.#

(a) The height regulations contained in the district regulations do not apply to spires, belfries, cupolas, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Parapet walls may be up to four feet above the height of the building on which the walls rest.§

(b) Church spires, monuments, water towers, chimneys, flues, and flag poles of any height, and television antennas and radio aerials up to 200 feet in height, are exempt from height regulations.

(Code 1973, § 17-5.7)

Sec. 34-422. - Architectural projections.#

Open structure such as porches, canopies, balconies, platforms, carports, covered patios, and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side, or rear yard.

(Code 1973, § 17-5.8)

Sec. 34-423. - Side and rear yard requirements for nonresidential uses abutting residential districts.#

Nonresidential uses or buildings shall not be conducted or located closer than ten feet to any lot line of a residential district, except that the minimum yard requirements may be reduced by up to 50 percent if four-foot-high fencing and/or landscaping approved by the zoning administrator is provided.§

(Code 1973, § 17-5.9)

Sec. 34-424. - Side and rear yard buffer requirements for uses abutting the historic district.#

No uses or buildings shall be conducted or located closer than five feet to any lot line of a residential district, and existing vegetation and significant trees shall be retained as a buffer zone. Additional landscaping and planting may be required by the zoning administrator or the historic commission in order to adequately screen the historic district.

(Code 1973, § 17-5.10)

Sec. 34-425. - Required screening for trash areas.#

All commercial, light industrial, special waterfront, and R-2 residential uses that require trash and/or garbage collection areas shall completely screen from view such areas on at least three sides by a solid wall, fence or hedge of at least four feet in height if such area is not within an enclosed building or structure. A gate with a sketching mechanism must secure the enclosure. Provisions for adequate vehicular access to such areas for collection of trash and/or garbage shall be provided.

(Code 1973, § 17-5.11)

Sec. 34-426. - Visibility at intersections.#

On all corner lots in every district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision above a height of 2 ½ feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 25 feet from the point of intersection.§ In the historic district, this requirement may be reduced to a distance of ten feet following approval of the zoning administrator or the historic commission.

(Code 1973, § 17-5.12)

Sec. 34-427. - Special provisions for corner lots.#

Of the two sides of a corner lot the front yard shall be deemed to be the side fronting the street having the shortest legally recorded right-of-way and the setback of the structures shall be the front yard requirement. Where the intersecting streets are equivalent, the front will be the shorter of the frontage lines.

(Code 1973, § 17-5.13)

Sec. 34-428. - Special provisions for commercial and industrial uses.#

No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this article may be taken and maintained if acceptable measures and safeguards are taken to reduce dangerous and objectionable conditions to acceptable limits.

(Code 1973, § 17-5.14)

Sec. 34-455. - Purpose.#

Planned unit developments are permitted as a conditional zoning use in all residential districts, commercial districts and the special waterfront development district, in order to provide public or private common open space, develop amenities of public benefit, reduce housing or infrastructure costs, or amend the proposed project as recommended by the zoning administrator or the planning commission. This development strategy option is intended to encourage permanent reservation of open space, an efficient and improved use of the land, to provide good building sites by taking advantage of topography and minimizing grading or destruction of natural vegetation. Plans shall not be approved where the clear purpose of the design is to subvert the purposes of these regulations by inclusion of excessively unbalanced distribution of land among lots or inclusion of open spaces which are inappropriately located or which will not contribute to the future amenity of the development.

(Code 1973, § 17-5.15.1)

Sec. 34-456. - Project area and minimum requirements.#

The minimum area of the subdivision shall be sufficient to accommodate at least five lots of minimum average area within that specific district's standards.§ Public water and sewer services must be utilized in the project, and completely comply with all review and permit requirements in this article.§

(Code 1973, § 17-5.15.2)

Sec. 34-457. - Re-subdivision.#

No re-subdivision by any means shall be permitted in a planned unit development subdivision approved under this chapter; re-subdivision would create a violation of this article.

(Code 1973, § 17-5.15.3)

Sec. 34-458. - Flood plain and water areas.#

No more than 30 percent of the required minimum area of any lot shall be located in a floodplain area and no more than 30 percent of any lot shall be covered by any body of water such as a lake, pond, or canal planned and approved as a part of and wholly within the planned unit development.§

(Code 1973, § 17-5.15.4)

Sec. 34-459. - Reduction of lot area, lot width and yard areas permitted.#

Where these proposed reductions shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development, as well as neighboring property, than would be obtained under the regulations of this article for building on separate zoning lots; that the minimum lot requirements may be decreased without limitation, provided that permanent open space or land, in an amount equivalent to that by which each residential lot or building site has been diminished under this provision, shall be provided in common public use areas within the development. In all districts, this may be comprised of recreation or park areas; in the commercial districts, this may also include public eating, entertainment, loading and parking facilities.

(Code 1973, § 17-5.15.6)

Sec. 34-460. - Compatibility with developed properties.#

A planned unit development subdivision shall be designed to promote harmonious relationships with surrounding adjacent and nearby developed properties and to this end shall employ such design techniques as may be appropriate to a particular case, including coordination of yard dimensions, location of lots of various sizes, location of buildings with respect to project boundary lines, maintenance of vegetation and buffers, location of open spaces and efficient integration into the transformation and circulation systems.

(Code 1973, § 17-5.15.6)

ARTICLE VI. - PARKING AND LOADING#

Sec. 34-461. - Preservation of landscape amenities.#

The preservation of natural vegetation, and particularly mature trees, on steep slopes and in stream valleys, should be recognized as a primary design consideration in review and approval of an application under this article. Failure to exercise due care in maintenance of landscape amenities in accordance with approved plans shall be considered a violation of this article.

(Code 1973, § 17-5.15.7)

Sec. 34-462. - Public facilities and open spaces.#

Land or easements for public facilities or open space shall be dedicated, conveyed or granted in accordance with the requirements of this article and laws and chapters governing the subdivision of land.

(Code 1973, § 17-5.15.8)

Sec. 34-463. - Maintenance of common ownership properties.#

Provision shall be made for the designation, ownership, and maintenance of common ownership properties in accordance with the requirements of article I of this chapter.

(Code 1973, § 17-5.15.9)

Sec. 34-464. - Hazardous materials.#

The zoning administrator, prior to the approval of an application for a building permit, shall require the submission of statements and plans indicating the manner in which any dangerous, hazardous, offensive and objectionable elements involved in manufacturing, processing and storage will be used, transported and disposed of in appropriate fashions.

(Code 1973, § 17-5.17)

Sec. 34-465. - Short-term rentals.#

(a) A short-term rental shall only be allowed where:

(1) The dwelling unit is used and managed by the owner as the primary residence of the owner, which means that the owner resides there for at least 185 days during each year or is a second home where the owner has a local representative or agent who will provide property management services on the owner's behalf.§ Any short-term rental unit operating on the date of the enactment of the ordinance from which this section is derived shall be exempt from this subsection. When applicable, this exemption shall be issued to the owner of record and shall not be transferrable.

(2) The number of adult (18 years of age or older) guests residing in a short-term rental unit shall not exceed the number of permanent bed spaces in the unit. Children under 18 years of age may be accommodated using cots or sleeper sofas in common areas and shall not exceed a maximum of four children.§

(3) A short-term rental that is equipped with a swimming pool shall comply with the provisions of the Virginia Department of Health Regulations contained in the Code of Virginia; 12 VAC 5-460.

(4) Any property utilized as a short-term rental shall provide adequate off-street parking for its guests. A minimum of one parking space per bedroom is required.§ If such parking cannot be provided on-site, the owner must submit a parking plan indicating how the parking requirement will be met. Such plan shall be reviewed and approved by the zoning administrator. No on-street parking shall be part of the plan;

(5) A short-term rental shall have no more than two rental contracts during any consecutive seven-day period and shall be limited to operating in one structure per property.

(6) A short-term rental shall comply with chapter 8, article VI pertaining to the payment of lodging tax.

(7) To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each short-term rental;

(8) A short-term rental shall comply with requirements of the Virginia Uniform Statewide Building Code, as determined by the building official;

(9) There shall be posted in a conspicuous place within the dwelling a summary provided by the zoning administrator of Code sections pertaining to noise, open fires, fireworks, along with copies of the approved parking plan, solid waste pickup schedule and rules, and emergency telephone numbers;

(10) There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.§;

(b) The following shall be filed with the zoning administrator with any application for a short-term rental permit:

(1) Contact information for the owner of the short-term rental.

a. Proof of the applicant's ownership of the property that is the subject of the application.

b. If the property is a second home, the owner is to provide the contact information for their local representative or agent who will be responsible for the property in the owner's absence.

(2) A floor plan of the short-term rental which identifies the location and number of bedrooms in the dwelling and the location of the items required in subsection (a)(7) of this section.

(3) The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1,000,000.00 underwritten by insurers acceptable to the town;

(4) The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the short-term rental who is capable of responding within 30 minutes.

(5) A permit fee in the amount as established from time to time.

(c) Use of a short-term rental shall require a permit issued by the zoning administrator. The owner of the short-term rental shall operate the same under all conditions of the issued permit, and subject to the following:

(1) The owner of a short-term rental shall certify, in writing, compliance with the provisions of subsection (a)(1) through (9) of this section.

(2) The owner of a short-term rental must obtain a business license from the town treasurer prior to operation of the short-term rental. The business license must remain current and active while operating.

(3) The owner of a short-term rental must maintain a registry showing the names, addresses and telephone numbers of all short-term rental occupants. The owner must allow the zoning administrator and designee to inspect such registry upon reasonable advance notice, to verify that the short-term rental is being operated in accordance with the provisions of this section and all conditions of the permit.

(4) A short-term rental permit shall be valid for one year from the date of issuance. It is the responsibility of the owner to renew the permit prior to expiration, by submitting an updated application as required in subsection (b) of this section.

(5) The payment of all real property taxes assessed against the short-term rental property must be current prior to the issuance of a short-term rental permit.

(6) A short-term rental permit requires the owner to agree to abide by all requirements of this chapter, and all other applicable federal, state and local laws.

(7) The permit may be revoked by the zoning administrator as set forth below; an applicant, or related owner whose short-term rental has been revoked pursuant to this subsection, shall not be eligible to receive any new short-term rental permit for one year:

a. In the event that there are two or more violations recorded by the town within a one-year period; or

b. For failure to comply with the regulations set forth in this section, and any permit conditions; or

c. For refusal to cooperate with the town in a complaint investigation, including allowing the zoning administrator or designee to enter the dwelling unit upon reasonable advance notice.

(8) Failure of an owner required to register a short-term rental with the town shall result in a penalty in the amount of $250.00 plus attorney's fees and court costs. Unless and until the owner pays the penalty and registers such property, the owner may not continue to offer such property for short-term rental.

(9) Upon repeated violations of this section, as it relates to a specific short-term rental property, an owner may be prohibited from registering and offering such property for short-term rental.

(Code 1973, § 17-5.18)

Sec. 34-484. - Intent.#

It is the intent of this article to ensure that adequate parking and loading spaces are provided within the town when a building or structure is erected, substantially altered or undergoes a change in use or zoning. The provisions of this article do not apply to existing buildings or structures unless there is a substantial change in its use.

(Code 1973, § 17-6.1)

Sec. 34-485. - General interpretation.#

In the interpretation of this article, the following rules shall govern:

(1) Parking spaces required for permitted special uses or variances shall be determined by the zoning administrator or the planning commission.

(2) Fractional numbers shall be increased to the next whole number.

(3) Where for any reason parking requirements are unusually low, the parking space provisions cited in this article may be reduced proportionally by the zoning administrator or the planning commission.

(Code 1973, § 17-6.2)

Sec. 34-486. - General requirements.#

Whenever a building or structure constructed after the effective date of the ordinance from which this chapter is derived is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise to create a need for an increase in the number of existing parking spaces, additional parking spaces shall be provided on the basis of the enlargement or change. Whenever a building or structure existing prior to the effective date of the ordinance from which this chapter is derived is enlarged to the extent of 50 percent or more in floor area, number of employees, number of housing units, seating capacity, or otherwise, said building or structure shall then and thereafter comply with the full parking requirements set forth herein.

(Code 1973, § 17-6.3)

Sec. 34-487. - Dimension of parking spaces and aisles.#

(a) On-street parking bays in the parallel parking configuration should be 20 feet long, and nine feet wide. Off-street parking areas shall be divided into parking spaces, each bay having a minimum width of nine feet and a minimum length of 20 feet or in the case of parking spaces for trucks, buses or special equipment, parking spaces of a minimum size to be determined by the administrator based on the nature of the parked vehicles.

(b) All aisles within parking shall have a minimum width of 24 feet when the parking spaces are at a 90 degree angle with the aisle; 18 feet when the parking spaces are at a 60 degree angle with the aisle; and 12 feet for parallel parking.§

(c) Turning areas, back up ramps, and culs-de-sac shall conform to VDOT design standards and have adequate radii to ensure ease of mobility, ample clearance and convenience of ingress and egress.

(Code 1973, § 17-6.4)

Sec. 34-488. - Loading space requirements and dimensions.#

(a) An off-street loading space shall have a minimum width of 12 feet; a minimum length of 45 feet, exclusive of driveways, aisles, and other circulation areas; and a minimum clear height of 14 feet.§

(b) One off-street loading space shall be provided and maintained on the same lot for every separate occupancy requiring delivery of goods and having modified gross floor areas of up to 5,000 square feet. One loading space shall be provided for each additional 10,000 square feet or fraction thereof.§

(Code 1973, § 17-6.5)

Sec. 34-489. - Design requirements for off-street parking and loading areas.#

The improvement of off-street parking and loading areas shall include:

(1) Adequate lighting in public parking areas to ensure the general safety and convenience of the public.

(2) Any lights used to illuminate parking areas shall be so arranged as to reflect light away from adjoining premises.

(3) Whenever a parking area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by an acceptable four-foot fence or planted screen. Such planted screen shall consist of densely planted evergreen hedge not less than four feet nor more than six feet in height, and shall be maintained in good condition.

(4) Parking areas located within the CB-1 Chesapeake Bay District shall have an easily permeable surface of stone, oyster shells, or other material approved by the zoning administrator. Walkways of wood, stone, oyster shells, or other natural materials may be erected or installed for the convenience of residents, employees, guests, or customers.

(Code 1973, § 17-6.6)

Sec. 34-490. - Maintenance of off-street parking and loading areas.#

The owner of property used for parking and/or loading shall maintain such area in good condition without holes and free of all trash and other debris.

(Code 1973, § 17-6.7)

Sec. 34-491. - Location of parking spaces.#

The following regulations shall govern the location of off-street parking spaces and areas:

(1) Parking spaces for all detached residential units shall be located on the same lot as the use which they are intended to serve. The parking area shall not be located within any required front yard.§

(2) Parking spaces for commercial, industrial, or institutional uses shall be located not more than 400 feet from the principal use.§

(3) Parking spaces for apartments, dormitories, or similar residential uses shall be located not more than 200 feet from the principal use.§

(Code 1973, § 17-6.8)

Sec. 34-492. - Minimum distance and setbacks.#

No part of any parking area for more than ten vehicles shall be closer than 20 feet to any dwelling unit, school, hospital, or other institution for human care located on an adjoining lot, and shall be separated by landscaping. In no case shall any part of a parking area be closer than four feet to any lot line or established street right-of-way.§

(Code 1973, § 17-6.9)

Article VI. - Off-Street Parking and Loading#

Sec. 34-493. - Joint use.#

Two or more nonresidential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided that all of the requirements of this article are met and a written agreement shall be filed with the administrator with the application for a zoning permit.

(Code 1973, § 17-6.10)

Sec. 34-494. - Parking and storage of certain vehicles.#

Automobiles, recreational vehicles and trailers greater than ten feet in length, of any kind or type without current state license plates shall not be parked or stored on any residential zoned property more than 30 days other than in completely enclosed buildings unless approval has been granted by the town administrator for a period of time not to exceed 90 days. The administrator may consider extensions of this time period through application by the property owner. Extensions shall not exceed 90 days.

(Code 1973, § 17-6.11)

Sec. 34-495. - Disabled vehicles.#

The parking of a disabled vehicle for a period of more than two weeks within any district other than B-2 and M-1 shall be prohibited, unless such vehicle is stored in an enclosed building.

(Code 1973, § 17-6.12)

Sec. 34-496. - Access.#

Any parking area shall be designed in such a manner that any vehicle leaving or entering the parking area from or into a public or private street shall be traveling in a forward motion. Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle leaving or entering such area shall be clearly visible for a reasonable distance to any pedestrian or motorist approaching the access driveway from a public or private street.

(Code 1973, § 17-6.13)

Sec. 34-497. - Width of access driveway.#

The entrances and exits to the parking area shall be clearly marked. Interior vehicular circulation by way of access roads shall maintain the following minimum standards:

1. For one-way traffic, the minimum width of 14 feet except for 45 degree parking, in which case the minimum width of the access road shall be 17 feet.

2. Access roads for two-way traffic shall have a minimum width of 24 feet.

3. Parking areas having more than one aisle or driveway shall have directional signs or marking in each aisle or driveway.

(Code 1973, § 17-6.14)

Sec. 34-498. - Parking space requirements.#

For the purposes of this chapter, the following minimum parking space requirements shall apply:

Schedule 34-498-1#

Type of Use	Parking Space Required
Residential
Single-family and duplex dwellings	2 spaces per unit
Multi-family dwellings	2 spaces per unit
Townhouses	2 spaces per unit
Boardinghouse	1 space per room
Manufactured homes	2 spaces per unit
Manufactured or mobile home park	2 spaces per unit
Commercial
Automobile service	1 space per gas pump and 2 spaces per service bay
Banks and similar uses	1 space per every 200 sq. ft.
Commercial office buildings	1 space per every 400 sq. ft.
Hotels or motels	1 space per rental room and 1 space per every 2 employees plus 1 space per every 50 sq. ft. of meeting room space
Marinas	1 space per every 2 slips
All other business or commercial uses	1 space per every 300 sq. ft.
Institutional
Churches and other places of assembly	1 space per every 4 seats
Clinics	1 space per every 200 sq. ft. of exam rooms, offices, and waiting area
Convalescent or rest homes	1 space per every 2 beds
Hospitals	1 space per bed
Library, museum, etc.	1 space per every 400 sq. ft.
Recreation and Entertainment
Restaurants, night clubs, etc.	1 space per every 3 seats
Bowling alleys	4 spaces per lane
Swimming pools, public or private clubs	1 space per each 5 persons of capacity
Theaters and auditoriums	1 per every 4 seats
Marinas	1 per every 2 slips
Schools
Elementary and middle school	2 spaces per classroom plus 1 space per every 8 seats in auditorium
High school	1 space per every 10 students and 1 per teacher and employee
College	1 space per each 3 students
Kindergarten and child care centers	1 space per classroom, 6 spaces minimum
Industrial
All uses permitted in the district	1 per each employee on a single shift, plus 1 for each business motor vehicle

(Code 1973, § 17-6.15; Ord. of 6-18-2012)

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Article VII. - Signs#

Sec. 34-520. - Intent.#

The purpose of this article is to promote and protect the public health, safety, and welfare by regulating existing and proposed outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance the physical appearance of the town, and preserve the scenic and natural beauty of certain areas. It is further intended to reduce sign or advertising distraction and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more open space, and curb the deterioration of the natural environment and enhance community development.

(Code 1973, § 17-7.1)

Sec. 34-521. - Governmental signs excluded.#

For the purpose of this chapter, the term "sign" does not include signs erected and maintained pursuant to and in discharge of any governmental function, or required by any law, chapter, or governmental regulation.

(Code 1973, § 17-7.2)

Sec. 34-522. - General requirements.#

(a) No sign may be erected, installed or otherwise displayed in the town not in compliance with this article.

(b) The regulations contained in this section shall apply to all signs and all use districts except within the H-1 Historic Preservation District: Signs within the H-1 Historic Preservation District shall comply with design guidelines adopted pursuant to section 34-265 and the regulations of this section. Where the design guidelines are in conflict with the regulations of this section, the design guidelines shall be controlling in all cases.

1. Any illuminated sign or lighting device shall employ only light of constant intensity, and no sign shall be illuminated by or contain flashing, rotating, intermittent, or moving light or lights.§ In no event shall an illuminated sign or lighting device be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance;

2. No sign of any classification shall be installed, erected, or attached in any form, shape, or manner to a fire escape or any door or window giving access to any fire escape, nor shall any sign be placed so as to interfere with any opening required for legal ventilation;

3. No sign shall be of such a form, character, or shape as to confuse or dangerously distract the attention of the operator of a motor vehicle or interfere with the purpose of any traffic control signal or directional device;

4. Signs which in any way simulate official, directional, or warning signs erected or maintained by the State or County or public utility or similar agency concerned with the protection of the public health or safety shall not be permitted in the town;

5. Signs with any lighting or control mechanism which may cause radio or television interference shall not be permitted in the town;

6. No sign shall have its highest section higher than the height requirements of the zone as established in the official district regulations;

7. Letters, symbols, numerals, and designs on any structure, cut in stone, which are an integral part of that structure and not intended to draw attention to any goods, merchandise, business, entertainment, amusement, or industrial activity or establishment shall be considered as a part of that structure and shall not require regulation by this article.

8. Flags and insignia of any government shall not be considered as signs, except when displayed in connection with commercial promotion;

9. Public right-of-way.

   a. No sign shall be placed in any public right-of-way except publicly owned signs such as traffic control signs and directional signs;

   b. If approval is given by variance or otherwise for a sign to be placed in any public right-of-way, the owner of the property shall be liable for any and all damage or injury which might occur.

10. No building, except school bus shelters, shall be used for display of advertising except that pertaining to the use carried on within such building;

11. Should any sign be or become unsafe or be in danger of falling, the owner thereof or the person maintaining the sign, shall upon written notice from the administrator proceed at once to put such sign in a safe and secure condition or remove the sign;

12. Temporary or permanent signs resting on or attached to vehicles shall not be used as a means to circumvent the provisions of this article;

13. Temporary signs advertising the sale, lease, or rental of the premises upon which the sign is located shall be removed seven days after consummation of the lease or sale;

14. Temporary signs may not cover more than ten percent of any window visible from a public or private right-of-way or waterway.§

(Code 1973, § 17-7.3)

Sec. 34-523. - Measurement of sign area.#

The surface area of a sign shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the displayed area of the sign and including all of the elements of the matter displayed. Frames and structural members not being advertising matter shall not be included in computation of surface area.

(Code 1973, § 17-7.4)

Sec. 34-524. - Signs exempt.#

All signs less than two square feet in area are exempt from the restrictions or provisions of this article.§ Signs of less than two square feet shall not be counted when determining the number of signs permitted in any district.

(Code 1973, § 17-7.5)

Sec. 34-525. - Off-premises signs.#

Off-premises signs shall not be allowed within the town.§

(Code 1973, § 17-7.6)

Sec. 34-526. - Signs permitted.#

Signs shall be permitted in accordance with the requirements set forth in the following:

Schedule 34-526-1#

District	Type of Sign	On Structure Maximum No.	On Structure Maximum Size	On Premises Maximum No.	On Premises Maximum Size	Home Occupation Maximum No.	Home Occupation Maximum Size	Temporary Maximum No.	Temporary Maximum Size
R-1		1	4	1	40	1	4	1	40
R-2		1	4	1	40	1	4	1	40
B-1		1	200	1	300	1	4	3	40
B-2		1	200	1	300	-	-	3	40
M-1		2	200	2	300	-	-	-	-

(Code 1973, § 17-7.7)

Sec. 34-527. - Removal of signs.#

When any sign is removed for a period exceeding 30 days, all sign structure or other support structure and hardware shall be removed.

(Code 1973, § 17-7.8)

Sec. 34-528. - Sign content.#

Any sign, display or device allowed under this chapter may contain, in lieu of any other copy, any lawful non-commercial message that does not direct attention to a business operation for profit, or to a commodity or service for sale, and that complies with all other requirements of this Code.

(Code 1973, § 17-7.9)

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Article VIII. - Nonconforming Uses#

Sec. 34-577. - Nonconforming use may be continued.#

Except as otherwise provided herein, the lawful use of land or buildings existing at the effective date of the ordinance from which this chapter is derived may be continued although such use does not conform to the provisions hereof. Except as provided in this article, such nonconforming use may not be enlarged, extended, reconstructed or structurally altered except in compliance with the provisions of this article.

(Code 1973, § 17-8.1)

Sec. 34-578. - Change of nonconforming use.#

If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use of land or buildings has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

(Code 1973, § 17-8.2)

Sec. 34-579. - Extension of use within existing building.#

The nonconforming use of a building may be hereafter extended throughout those parts of a building which are lawfully and manifestly arranged or designed for such use at the time of the enactment of the ordinance from which this article is derived.

(Code 1973, § 17-8.3)

Sec. 34-580. - Buildings nonconforming use.#

A building nonconforming only as to height, area, or bulk requirements may be altered or extended, provided such alteration or extension does not increase the degree of nonconformity in any respect.

(Code 1973, § 17-8.4)

Sec. 34-581. - Discontinuance of nonconforming use.#

No building or portion thereof used in whole or in part for a nonconforming use which remains idle or unused for a continuous period of one year, provided that all necessary permits or licenses are maintained, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the district in which such building or land is located. The administrator shall notify the owner and/or operator of a nonconforming use prior to the expiration of the one-year limit.

(Code 1973, § 17-8.5)

Sec. 34-582. - Destruction of a nonconforming use.#

No building nonconforming because of use which has been damaged by any cause whatsoever to the extent of more than 50 percent of fair market value of the building immediately prior to damage, shall be restored, repaired or replaced except in conformity with the regulations of this chapter.§ Such restoration, repair or replacement is approved as a special use by the town council under article IX of this chapter. A building nonconforming because of lot size, setback, or height, etc., may be repaired, replaced or reconstructed and used as before the time of damage, provided such repairs or reconstruction be substantially completed within 12 months of the date of such damage.

(Code 1973, § 17-8.6)

Article VIII. - Nonconforming Uses#

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Sec. 34-583. - Intermittent use.#

The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

(Code 1973, § 17-8.7)

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Sec. 34-584. - Existence of a nonconforming use.#

When evidence available to the administrator is deemed by him to be inconclusive, whether a nonconforming use exists shall be a question of fact and shall be decided by the board of zoning appeals after public notice and hearing and in accordance with the rules of the board.

(Code 1973, § 17-8.8)

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Sec. 34-585. - Nonconforming lots.#

If the owner of a lot in any district does not own a parcel or tract of land immediately adjacent to such lot, and if the deed or instrument under which such owner acquired title to such lot was lawfully of record prior to the application of zoning regulations and restrictions to the premises, and if such lot does not conform to the requirements of such regulations and restrictions as to area, frontage, and dimensions of lots, the provisions of such lot area, frontage, and dimension regulations and restrictions shall not prevent the owner of such lot from erecting a single-family dwelling or making other improvements on the lot; provided such improvements conform in all other respects to applicable zoning and health regulations or restrictions.

(Code 1973, § 17-8.9)

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Sec. 34-586. - Nonconforming signs.#

In a residence district where any sign does not comply with the provisions of this chapter, such sign and any supporting structures may be maintained but shall not be replaced, reconstructed, moved, structurally altered, or relighted except in compliance with the provisions of this chapter and may continue in use unless subject to removal under other provisions of this chapter. Removal, replacement, reconstruction, moving or structural alteration for any cause whatsoever shall be considered as loss of nonconforming status. Supporting structures for nonconforming signs may continue in use for a conforming sign if said support structures comply in all respects to the applicable requirements of these regulations and other codes and chapters. No permits for additional signs shall be issued for any premises on which there are any nonconforming.

(Code 1973, § 17-8.10)

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Sec. 34-587. - Expansion or enlargement of all nonconforming structures.#

Any expansion or enlargement of any nonconforming structure shall be considered a special use and shall be subject to the provisions of article IX of this chapter.

(Code 1973, § 17-8.11)

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Article IX. - Special Use Permits#

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Sec. 34-608. - Purpose of special use permit.#

The purpose of the special use permit is to provide for certain uses which have unusual characteristics, or have characteristics which are different from those of their immediate surroundings, or are generally of a public or semi-public character and are essential and desirable for the general convenience and welfare, but because of the nature of the use, the importance of relationship to the comprehensive plan, and possible impact, not only on neighboring properties, but on a large section of the town, require the exercise of planning judgment on location and site plan.

(Code 1973, § 17-9.1)

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Sec. 34-609. - General guides and standards.#

A special use permit should be approved only if it is listed as permitted by special use permit in the district regulations and only if it is found by the zoning administrator or the planning commission that the location is appropriate and not in conflict with the comprehensive plan, and the ordinances and regulations of the town. In approving a special use permit, the administrator or the planning commission may recommend that the town council impose such special requirements or reasonable conditions as it believes necessary to accomplish the objectives of this article. All special use permits shall be issued subject to the approval of a site plan by the zoning administrator or the planning commission of the town.§ Unless otherwise specified as a condition of approval, the height limits, lot areas, yards and setbacks, sign and parking requirements shall be the same as for other uses in the district in which the proposed special use permit is located.

(Code 1973, § 17-9.2)

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Sec. 34-610. - Procedures; site plan required.#

The approval of a special use permit shall be made by the town council upon recommendation from the planning commission after filing an application for a special use permit with the administrator, along with a site plan as required in article XII of this chapter, and after a public hearing held in conformity with Code of Virginia, § 15.2-2204.

(Code 1973, § 17-9.3)

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Sec. 34-611. - Review process.#

(a) In consideration of applications for special use permits the planning commission and the town council shall give due regard to the nature and condition of all adjacent uses and structures and the probable effect upon them of the proposed use. If it should find, after notice and hearing as required herein, that the proposed establishment or use will not adversely affect the health, safety or welfare of persons residing or working on the premises or in the neighborhood, will not unreasonably impair an adequate supply of light and air to adjacent property, nor increase congestion in the streets, nor impair the character of the district or adjacent districts, nor be likely to reduce or impair the character of the district or adjacent districts, nor be incompatible with the comprehensive plan nor be likely to reduce or impair the value of buildings or property in surrounding areas, but that such establishment or use will be in substantial accordance with this chapter, the planning commission shall make a recommendation to the town council who may grant the special use permit.

(b) In those instances where the planning commission finds that the proposed use may be likely to have an adverse effect as above, the planning commission may recommend to the town council whether such effect can be avoided by the imposition of any special requirements or conditions as described in the preceding section. If such determination is in the affirmative, the planning commission shall recommend such requirements or conditions, and if these are accepted by the applicant, the town council shall authorize the issuance of the special use permit; otherwise the special use permit shall be denied. The administrator or the town council may require satisfactory evidence and guarantee or bond that the conditions stipulated will be, and will continue to be, complied with.

(c) Any special use permit may be authorized and issued for either a limited or an indefinite period of time and shall be revocable by the town council at any time for failure to adhere to the applicable conditions. After revoking any such permit, the board of zoning appeals shall afford the permit holder an opportunity to be heard, in accordance with notice and hearing procedures outlined herein, and give the permit holder at least five days' written notice of the time and place of such hearing.§ If no period of time is specified by the town council, the special use permit shall be authorized and issued for a period of five years.§

(Code 1973, § 17-9.4)

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Sec. 34-612. - Existing conditional uses.#

Any conditional uses which have been permitted and legally exist at the effective date of adoption of the ordinance from which this chapter is derived may be continued as a nonconforming use as described in article VIII of this chapter. These conditional uses shall not be enlarged, extended, reconstructed or structurally altered except in compliance with the provisions of this chapter.

(Code 1973, § 17-9.5)

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Article X. - Amendments#

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Sec. 34-643. - Purpose.#

Whenever the public necessity, convenience, general welfare, or good zoning practices require, the town council may, by amendment, modify, amend, supplement, change or repeal any of the provisions of this chapter, district boundaries, or classifications of property, as shown on the zoning map, subject to the provisions in this article. No such amendment or reenactment shall be considered unless the town council has referred the proposed amendment or reenactment to the planning commission for its recommendation. Failure of the commission to report its recommendations in 90 days shall be deemed approval by the commission. After receipt of recommendation thereon from the commission, and subject to the procedures provided by law, the town council may by resolution supplement, change or repeal the regulations, restrictions, and boundaries or classification of property.

(Code 1973, § 17-10.1)

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Sec. 34-644. - Amendments to the chapter.#

Amendments to this chapter may be initiated in one of the following ways:

(1) By resolution of the town council.

(2) On motion by the planning commission.

(3) By petition of any property owner addressed to the town council.

(Code 1973, § 17-10.2)

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Sec. 34-645. - Contents of the petition.#

(a) Any petition submitted pursuant to section 34-644 shall contain the following information at a minimum:

(1) Name, address and phone number of petitioner;

(2) Proposed amending resolution, approved as to form by the town attorney;

(3) Present use;

(4) Present zoning district;

(5) Proposed use;

(6) Proposed zoning district;

(7) Site plan, with small vicinity map, at an appropriate scale showing property lines, thoroughfares, existing and proposed zoning, and any such other items as the administrator may require;

(8) A list of all property owners and their mailing addresses as shown on the county land books who are within, contiguous to, or directly across the street from the parcel proposed;

(9) A statement on how the proposed amendment is related to the comprehensive plan;

(10) A fee as established by the town council.

(b) Applications for amendments proposing to amend, supplement, change or repeal portions of this chapter other than the official zoning map shall include subsections (a)(1), (2), (9), and (10) of this section.

(Code 1973, § 17-10.3)

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Sec. 34-646. - Transmittal to planning commission.#

Immediately after the adoption of a resolution by the town council or the filing of an application by a property owner, said resolution or application shall be transmitted to the commission.

(Code 1973, § 17-10.4)

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Sec. 34-647. - Public hearing by planning commission.#

Within 30 days after receipt of a resolution or application, or after adoption of its own motion, and after public notice as required by Code of Virginia, § 15.2-2204, the commission shall hold a public hearing on the proposed zoning amendment or change. If after 30 days the commission has not given public notice of a public hearing, the town council shall call a joint public hearing.

(Code 1973, § 17-10.5)

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Sec. 34-648. - Recommendation by planning commission.#

Within 60 days after the public hearing required by section 34-647, the commission shall recommend to the town council that the proposed zoning amendment or change be approved as presented, approved with modifications, or disapproved. The commission shall then transmit all papers constituting the record and the recommendations to the town council. If after 60 days the commission fails to make a recommendation to the town council, the application will be deemed recommended for approval by the planning commission.

(Code 1973, § 17-10.6)

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Sec. 34-649. - Public hearing by town council.#

Within 30 days after receipt of the commission's recommendation, and after public notice as required by Code of Virginia, § 15.2-2204, the town council shall hold a public hearing on the proposed zoning amendment or change.

(Code 1973, § 17-10.7)

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Sec. 34-650. - Final action by town council.#

Within 60 days after the public hearing required by section 34-649, the town council shall either approve as presented, approve with modifications, or disapprove the proposed zoning amendment or change. Upon approval of an amendment to the text of this chapter, such amendment shall be attached to the chapter, signed by the mayor, and attested by the town clerk. Amendments to the official zoning map shall be made on the map, signed by the mayor, and attested by the town clerk.

(Code 1973, § 17-10.8)

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Sec. 34-651. - Limitation on zoning amendments.#

Substantially the same application for zoning amendment or change shall not be reconsidered within one year of the scheduling of a public hearing of the planning commission. Substantially the same zoning amendment or change shall not be reconsidered within one year of any final action taken thereon by the town council.

(Code 1973, § 17-10.9)

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Sec. 34-652. - Conditional zoning.#

(a) The purpose of conditional zoning is to provide a method for permitting the reasonable and orderly development and use of land in those situations in which peculiar circumstances indicate the existing zoning ordinance district regulations are not adequate. Frequently, where competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate. In these cases, more flexible zoning methods and procedures are needed to permit differing land uses, and at the same time to recognize effects of change. In these instances, reasonable conditions voluntarily proffered by the zoning applicant may be allowed for the protection of the community that are not generally applicable to land similarly zoned.

(b) The owner of the property which is the subject of a rezoning request shall, if he elects to obtain conditional zoning, voluntarily proffer in writing such conditions as he deems appropriate at the time of filing an application to rezone the property, or by such later date as the planning commission shall establish in its rules and regulations; but, in any event, before the planning commission makes its recommendations to the town council.

(c) Conditional zoning involves town council review and approval and actually amending the official zoning map, which indicates by appropriate symbol, that special conditions have been proffered and approved with respect to the parcel or property.

(Code 1973, § 17-10.10)

Article XII. - Conditional Zoning#

Sec. 34-653. - General requirements for review.#

Conditional zoning approval shall be granted only if it is found by the town council after receiving a recommendation from the planning commission that the location is appropriate and not in conflict with the comprehensive plan, that the public health, safety, morals, and general welfare will not be adversely affected, that adequate utilities and off-street parking facilities will be provided, and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values, and further provided that the additional standards of this article are complied with.

(Code 1973, § 17-10.10.1)

Sec. 34-654. - Narrative report.#

The applications shall be accompanied by a narrative description of the proposed project, which shall address the following issues:

1. Relationship of the proposed project to the town's comprehensive plan.

2. Potential points of incompatibility with surrounding development and measures which will be implemented to reduce or eliminate incompatibility.

3. General character of the proposed project including type of tenure of occupants (owner/rental), landscaping, types of building materials to be used, height and number of stories of all buildings, number of dwelling units in each building and in total project, project density in terms of dwelling units per acre (gross or net as required by district regulations), architectural styles.

4. General timetable for development.

5. List of all local, state, and federal agencies which will be required to approve all or parts of the project plans.

(Code 1973, § 17-10.10.2)

Sec. 34-655. - Site plan review.#

Unless stated to the contrary, all proposed conditional zoning projects shall be subject to administrative site plan review by the zoning administrator under the provisions of article XII of this chapter. Where subdivision is also involved, the review of subdivision plans and site plans will be coordinated under the provisions of article XII of this chapter and the requirements of the subdivision regulations.

(Code 1973, § 17-10.10.3)

Sec. 34-656. - Review procedures.#

For approval of a conditional zoning application, the town council, after review and recommendation by the planning commission regarding the application, shall give due regard to the nature and condition of all adjacent uses and structures and the probable effect upon them of the proposed use. It shall also take into account the special characteristics, location, site plan, design, construction, method of operation, effect on traffic conditions, proffers and other special considerations, or any other aspects of the particular project that may be proposed by the applicant. After notice and hearing as required herein, if it should find that the proposed establishment or use is consistent with the comprehensive plan and all regulations and chapters of the town, and will not adversely affect the health, safety or welfare of the citizens of the town, the planning commission shall make recommendations regarding the project to the town council for its review and consideration.

(Code 1973, § 17-10.10.4)

Sec. 34-657. - Conditions as part of rezoning or amendment to zoning map.#

(a) The town council may approve reasonable conditions to rezoning, provided that the following criteria are met:

1. The rezoning itself must give rise to the need for the conditions.

2. All conditions shall have a reasonable relation to the rezoning.

3. No condition shall include a cash contribution to the town.

4. No condition shall require mandatory dedication of real or personal property for open space, parks, schools, fire stations, or other public facilities except those otherwise authorized by law.

5. No condition shall include payment for construction of off-site improvements except those sewage, water or drainage facilities otherwise authorized by law.

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

7. All conditions shall be in conformity with the town's comprehensive plan.

8. The provisions of this section shall not be used for the purpose of discrimination in housing.

(b) In the event that additions thereto or modifications thereof are desired by the owner of the property which is the subject of the rezoning request, the same shall be made in writing not less than 14 days prior to the time at which the planning commission makes recommendation to the town council unless the planning commission:

1. Specifically waives such time period; or

2. Specifically establishes such greater or lesser time period as it deems reasonable.

(c) The town council may consider additional proffers, deletions and/or amendments to all such conditions provided same have been voluntarily proffered in writing by the owner of the property which is the subject of the rezoning request prior to the public hearing at which the town council renders its decision.

(Code 1973, § 17-10.10.5)

Sec. 34-658. - Enforcement and guarantees.#

(a) In order to ensure the intent and purpose of conditional zoning approved in accordance with this section, the zoning administrator or his agents shall be vested with all necessary authority on behalf of the town council to administer and enforce conditions attached to a rezoning or amendment of a zoning map, including:

1. Ordering in writing, compliance with such conditions.

2. Bringing of appropriate legal action or proceeding to ensure compliance.

3. Requiring a guarantee or contract or both for construction of physical improvements required by the condition.

4. Denial of zoning certification with regard to the issuance of any required use, occupancy or building permit.

(b) Any person who is aggrieved by the administrator's decision or actions under subsection (a) of this section, may petition the town council for review of such decision. Such petition shall be filed with the administrator no less than 15 days prior to the town council meeting designated for public hearings and zoning matters. The administrator shall forward the petition and justification for his decision to the town council and to the aggrieved person.

(Code 1973, § 17-10.10.6)

Sec. 34-659. - Zoning map to show conditional zoning index.#

The zoning map shall show by an appropriate symbol, the existence of conditions attached to the zoning on the map. The zoning administrator shall maintain a conditional zoning index which index shall be available for public inspection during regular office hours. The index shall provide ready access to the ordinance creating such conditions, in addition to the regulations provided for in a particular zoning district, and shall clearly list all conditions applicable to each.

(Code 1973, § 17-10.10.7)

Sec. 34-660. - Amendments and variations of conditions.#

(a) There shall be no amendment or variation of conditions created pursuant to the provisions of this article until after such amendment or variation is approved by the town council in accordance with this article.

(b) Time limit on repeat petitions. After the town council has taken official action either granting, denying or permitting withdrawal of a petition for any change in zoning or any change in zoning conditions, no other petition for substantially the same change shall again be considered in less than 12 months from the date of such official action.

(Code 1973, § 17-10.11)

Article XIII. - Board of Zoning Appeals#

Sec. 34-679. - Legislative authority and court on matters of appeal.#

It is the intent of this article that all questions of interpretation and enforcement shall be first presented to the zoning administrator, and that such questions shall be presented to the board only on appeal from the decision of the administrator, and that recourse from the decisions of the board shall be to the courts as provided by law.

(Code 1973, § 17-11.1)

Sec. 34-680. - Composition, selection and term of members.#

(a) The board of zoning appeals shall consist of five residents of the town who shall be appointed by the county circuit court. Their terms of office shall be for five years each, except that original appointments shall be made as follows: one member who shall serve for one year, one member who shall serve for two years, one member who shall serve for three years, one member who shall serve for four years, and one member who shall serve for five years. The secretary of the board of zoning appeals shall notify the circuit court at least 30 days in advance of the expiration of any term of office, and shall also notify the circuit court promptly if any vacancy occurs. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members may be reappointed to succeed themselves. Members of the board of zoning appeals shall hold no other public office in the town. A member whose term expires shall continue to serve until his successor is appointed and qualifies. Members shall serve without compensation other than for reasonable and necessary expenses.

(b) The board of zoning appeals shall elect from its own membership a chairman, vice chairman and secretary, who shall serve annual terms and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the board of zoning appeals. The board of zoning appeals may make, alter and rescind rules and forms for its procedures, consistent with this Code and general laws of the commonwealth. The board of zoning appeals shall keep a full public record of its proceedings and shall submit a report of its activities to the town council at least once a year.

(c) Within the limits of the funds appropriated for its use by the town council, the board of zoning appeals may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services.

(Code 1973, § 17-11.2)

Sec. 34-681. - Proceedings of the board of zoning appeals.#

The board of zoning appeals shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this chapter. Meetings shall be held at the call of the chairman and at such other times as the board of zoning appeals may determine. The chairman, or in his absence, the vice chairman may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The board of zoning appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be a public record and be immediately filed in the office of the board of zoning appeals. For the conduct of any hearing or the taking of any action, a quorum shall not be less than a majority of all the members.

(Code 1973, § 17-11.3)

Sec. 34-682. - Duties of the board of zoning appeals.#

In exercising its duties, the board of zoning appeals, may, as long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made. For the purpose of this chapter, the board of zoning appeals has the following specific responsibilities:

1. To hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator, the planning commission or any administrative officer in the administration or enforcement of this chapter.

2. To authorize upon appeal or original application in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done; following the provisions of section 34-684.

3. To hear and decide applications for interpretation of the district map where there is an uncertainty as to the location of a district boundary. After notice to the owners of the property affected and all property owners within 500 feet of the affected property, by such question. The board may interpret the map in such way as to carry out the intent and purpose of the chapter for the particular section or district in question. The board shall not have the power to change substantially the locations of district boundaries as established by this chapter.

4. No provision of Code of Virginia, § 15.2-2309, shall be construed as granting any board the power to rezone property.

5. The above responsibilities shall be carried out in accordance with Code of Virginia, § 15.2-2309 and after proper notice and hearing as provided by Code of Virginia, § 15.2-2204.

(Code 1973, § 17-11.4)

Sec. 34-683. - Appeals.#

(a) Appeals to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the town affected by any decision of the administrator. Such appeal shall be taken within 30 days after the decision appealed from by filing with the administrator, and with the board of zoning appeals, a notice of appeal, specifying the grounds thereof.

(b) The administrator shall immediately transmit to the board of zoning appeals all papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrator certifies to the board of zoning appeals, that by reason of facts stated in the certificate, a stay in his opinion would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board of zoning appeals or by the circuit court, on application and on notice to the administrator and for good cause shown.

(c) The board of zoning appeals shall fix a reasonable time for the hearing of an appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within 60 days. In exercising its powers, the board may reserve or affirm, wholly or partly, or may modify, an order, requirement, decision, or determination appealed from. The concurring vote of three members is necessary to reverse any order, requirement, decision or determination of the administrator or to decide in favor of the applicant.

(d) Any person jointly or severally aggrieved by any decision of the board of zoning appeals, or any taxpayer or any officer, department, or board may present to the circuit court a petition specifying the grounds on which aggrieved within 30 days after the filing of the decision in the office of the board of zoning appeals.

(e) Upon presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board of zoning appeals and on due cause shown, grant a restraining order.

(f) The board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(g) If, upon hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm wholly or partly, or may modify the decision brought up for review.

(h) Costs shall not be allowed against the board of zoning appeals, unless it shall appear to the court that the board acted in bad faith or malice in making the decision appealed from.

(i) The time limitations for raising certain issues and filing certain proceedings with the board of zoning appeals shall be the following:

1. No issue or alleged defect in the process of enactment of any ordinance or map or any amendment thereto shall be raised in any proceeding filed with the board of zoning appeals later than 30 days from the time such ordinance, map or amendment takes effect, unless the person raising such issue alleges and proves that he failed to receive adequate notice of the enactment of the ordinances, adequate notice to his predecessor in interest shall be deemed adequate notice to him.

2. No person shall be allowed to file any proceeding with the board of zoning appeals later than 30 days after any application for development, preliminary or final, has been approved by an appropriate county officer, agency or body, if such proceedings are designed to secure reversal or to limit the approval. If such person has succeeded to his interest after such approval, adequate notice to his predecessor in interest shall be deemed adequate notice to him.

(Code 1973, § 17-11.5)

Article VI. - Variances and Administration#

Sec. 34-684. - Variances.#

Applications for variance may be made by any property owner or owner's agent. Such applications shall be made to the administrator in accordance with rules adopted by the board of zoning appeals. The administrator shall promptly transmit the application and accompanying maps, plans or other information to the secretary of the board of zoning appeals who shall place the matter on the docket.

(Code 1973, § 17-11.6)

Sec. 34-685. - Contents of application for variance.#

At a minimum, the application for variance shall contain the following information:

1. Name, address, and phone number of applicant;

2. Legal description of property;

3. Description of nature of variance requested;

4. A narrative statement demonstrating that the requested variance conforms to the following standards:

   a. The property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of the ordinance from which this chapter is derived, or where by reason of exceptional topographic conditions or other extraordinary situation or conditions of such piece of property, or of the use or development of property immediately adjacent thereto, the strict application of the terms of the chapter would effectively prohibit or unreasonably restrict the use of the property or where the board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrative hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant.

   b. That special conditions and circumstances do not result from the actions of the applicant.

(Code 1973, § 17-11.7)

Sec. 34-686. - Actions by the board of zoning appeals.#

(a) Within 60 days after receipt of an application variance, and after public notice as required by Code of Virginia, § 15.2-2204, the board of zoning appeals shall hold a public hearing on the requested variance.§

(b) Within 30 days after the required public hearing, the board of zoning appeals shall either approve or disapprove the variance.§ No variance shall be authorized by the board of zoning appeals unless it finds:

1. That the strict application of the chapter would produce undue hardship.

2. That such hardship is not shared generally by other properties in the same zoning district and the same vicinity.

3. That the authorization of such variances will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance.

4. That the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the chapter.

5. For matters relating to structures or uses wholly or partially within the CB-1 Chesapeake Bay Protection District, those items referenced in section 34-355 shall also be adequately addressed.

6. For matters relating to structures or uses wholly or partially within the F-1 Floodplain District, those items referenced in section 34-392 shall also adequately addressed.

(c) In authorizing a variance, the board of zoning appeals may impose such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to assure that the conditions imposed are being and will continue to be complied with.

(Code 1973, § 17-11.8)

Sec. 34-687. - Appeals.#

Appeals from any decision of the board of zoning appeals on a variance shall be made in accordance with the provisions of section 34-683.

(Code 1973, § 17-11.9)

Sec. 34-718. - Office of zoning administrator.#

This chapter shall be administered and enforced by a zoning administrator who shall be appointed by the town council and shall serve at the pleasure of that body. He may be provided with the assistance of such other persons as the town council may direct. Compensation for the administrator shall be fixed by resolution of town council for the period of his appointment.

(Code 1973, § 17-12.1)

Sec. 34-719. - Duties of zoning administrator.#

The zoning administrator shall:

1. Administer and enforce the town zoning chapter and official zoning map, and accept applications for rezoning, special use permits, conditional zoning approval, and applications for zoning variances. These applications shall be accompanied by site plans subdivision plats, proffers and special conditions as required by this chapter.

2. Review applications described above and related materials; also review applications for building permits, certificates of occupancy, historic district applications, and sign applications. Issue preliminary approval or direct to planning commission or board of zoning appeals, as appropriate, for review, special conditions and recommendation. Initiate notice and public hearing procedure.

3. Present application cases at public hearing to planning commission and board of zoning appeals, as appropriate. Direct action required and recommendations on applications to next scheduled meeting of town council.

4. Present applications, materials, proffers and other considerations to town council, and attend to execution of town council's action. Notify applicant of status of application.

5. The zoning administrator shall also be charged with maintaining conformance with the chapter, and enforcement therein.

   a. Upon finding that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correcting such violation;

   b. Order discontinuance of illegal uses of land, buildings, or structures;

   c. Order removal of illegal buildings or structures or illegal additions, alterations, or structural changes;

   d. Order discontinuance of any illegal work being done; and

   e. Take any other action authorized by this chapter to ensure compliance with or to prevent violations of this chapter. This may include the issuance of an action on zoning permits and certificate of occupancy permits and such similar administrative duties as are permissible under the law.

(Code 1973, § 17-12.2)

Sec. 34-720. - Zoning permits required.#

No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without a permit therefor issued by the administrator. Normal maintenance, repair, or replacement of existing structures or uses shall not require a zoning permit under this chapter.

(Code 1973, § 17-12.3)

Sec. 34-721. - Contents of application for zoning permit.#

The application for zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one year or substantially completed within 2 ½ years. At a minimum, the application shall contain the following information:

1. Name, address, and phone number of applicant;

2. Legal description of property;

3. Existing use;

4. Proposed use;

5. Zoning district;

6. Site plans as required by this article, and all other engineering and environmental reports and information as necessary.

7. Number of parking spaces or loading berths;

8. Number of dwelling units, density calculations;

9. Proffers, restrictive covenants, and other special considerations;

10. Such other matters as the zoning administrator may determine to be necessary to determine conformance with, and provide for the enforcement of this chapter.

(Code 1973, § 17-12.4)

Sec. 34-722. - Approval of zoning permit.#

Within 60 days after the receipt of an application, the administrator shall either approve or disapprove the application in conformance with the provisions of this chapter. All zoning permits shall, however, be conditional upon the commencement of work within one year.§ One copy of the plans shall be returned to the applicant by the administrator, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of plans, similarly marked, shall be retained by the administrator. The third copy, similarly marked, shall be forwarded to the building official within five calendar days after approval.

(Code 1973, § 17-12.5)

Sec. 34-723. - Expiration of zoning permits.#

If the work described in any zoning permit has not begun within one year from the date of issuance thereof, said permit shall expire; it shall be revoked by the administrator; and written notice thereof shall be given to the persons affected. If the work described in any zoning permit has not been substantially completed within 2 ½ years of the date of issuance thereof, said permit shall expire and be revoked by the administrator, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new zoning permit has been obtained or extension granted.

(Code 1973, § 17-12.6)

Sec. 34-724. - Site plan review required; purpose.#

For the purposes of assuring compliance with the objectives of the comprehensive plan and compliance with the requirements of the town's chapters and regulations, site plans shall be submitted to accompany subdivision plans, building permit applications when new and substantial rehabilitation is proposed, site disturbing and grading work is involved, or development is proposed in Chesapeake Bay Preservation Areas, along with the materials described in this article, and reviewed in accordance with the requirements and procedures of this article.

(Code 1973, § 17-12.7.1)

Sec. 34-725. - Contents of site plan.#

(a) At a minimum, unless otherwise stated in writing by the zoning administrator, the contents of a site plan shall include:

1. Proposed title of the project, owner of the land, name of the engineer, architect, landscape architect or surveyor who prepared the plan.

2. The north point, scale, and date.

3. Location map of the property by an inset map, north arrow, scale, and such information as the names and numbers of adjoining roads, bodies of water, boundaries, and other landmarks sufficient to clearly identify the location of the project.

4. Existing zoning and zoning district boundaries and proposed changes in zoning, if any.

5. The boundaries of the property involved, general location of existing easements and property lines, existing streets and buildings, waterways, floodplains, topography and prominent physical features in or adjoining the project area.

6. Uses of adjoining properties, nearby buildings and names of owners.

7. Location and dimensions of all proposed lots, streets, sidewalks, parking areas, easements, buildings, front, side and rear yards, landscaping, lighting, and drainage.

8. Complete description of all land clearing and site alterations, tree and vegetation (grading, buffer removal, drainage, etc.) activities.

9. Location and character of proposed public and private recreational and open space areas.

(b) The administrator may establish additional requirements for preliminary site plans, such as density calculations, special considerations and conditions, proffered arrangements, and in special cases may waive a particular requirement if, in his opinion, the inclusion of the requirement is not essential to a proper decision on that project.

(Code 1973, § 17-12.7.2)

Sec. 34-726. - Procedure for approval of site plans.#

(a) Three copies of a site plan or plans shall be filed with the zoning administrator. The site plan shall comply with section 34-725 and be accompanied by such other written or graphic material as may be necessary or desirable in aiding the decisions of the administrator.

(b) The zoning administrator shall review the site plan for compliance with the requirements of this chapter. If further review of a site plan is required, before final approval of a site plan, the administrator or the planning commission (if applicable) may make recommendations to the town council regarding reasonable additional requirements, especially requirements as to utilities, drainage, landscaping and maintenance thereof, lighting, signs and advertising devices, screening, accessways, curb cuts, traffic control, height of buildings and setback of buildings, to protect adjoining property, persons and neighborhood values. The site plan shall be amended in accord with the requirements of the town council before being approved. The town council shall approve or disapprove the site plan within 60 days after its submission to the administrator unless the applicant requests additional time in order to prepare revised plans.

(Code 1973, § 17-12.7.3)

Sec. 34-727. - Amendments and additions to site plans approved by the town council.#

The procedure for amendment of the boundaries of or the extent of land use for an approved special use shall be the same as for a new application, except that minor amendments of an approved site plan and conditions attached to an approved special use, or other site plan approved by the town council, may be approved by the town council at a regular meeting after a written report by the administrator and without a public hearing, provided such change or amendment:

1. Does not alter a recorded plat;

2. Does not conflict with the specific requirements of this chapter;

3. Does not change the general character or content of an approved site plan or use;

4. Has no appreciable effect on adjoining or surrounding property;

5. Does not result in any substantial change of major external access points;

6. Does not increase the approved number of dwelling units or height of buildings; and

7. Does not decrease the minimum specified yards and open spaces or minimum or maximum specified parking and loading spaces.

(Code 1973, § 17-12.7.4)

Sec. 34-728. - Revocation of permits.#

No permit shall be issued for any structure in any area covered by a site plan that is required under the provision of this chapter except in conformity to such plan which has been duly approved. Permits issued under an approved site plan may be revoked by the administrator for failure to comply with the approved plan, the conditions attached thereto, or other applicable regulations.

(Code 1973, § 17-12.7.5)

Sec. 34-729. - Agreement and fees.#

Prior to approval of a building permit there shall be executed by the owner or developer, an agreement to construct such required physical improvements as are located within public rights-of-way or easements, or as are connected to any public facility in form and substance as approved by the town council; and, the town council may require a bond with surety or conditions acceptable to the town attorney in the amount of the estimated cost of the required physical improvements as determined by the departments, divisions, or agencies responsible for such improvements. The aforesaid agreement, bond, or conditions shall be provided for completion of all work covered thereby or for subsequent defects therein, within the time to be determined by the town council, which time may be extended by the town council upon written application by the owner or developer, and signed by all parties (including sureties) to the original agreement.

(Code 1973, § 17-12.7.6)

Sec. 34-730. - Approval and extension.#

Approval of a site plan submitted under the provisions of this article shall expire one year after the date of such approval unless building permits have been obtained for construction in accordance therewith.§ A single one-year extension may be given upon written request by the applicant to the administrator made within 90 days before the expiration of the approved site plan.§ The administrator shall acknowledge the request and shall make a decision regarding the requested extension within 30 days after receipt of the request.

(Code 1973, § 17-12.7.7)

Sec. 34-731. - Right of developer to continue project.#

Subject to the time limits and conditions specified in this article, the rights of an owner or developer to continue a project for which a site plan has been approved shall not be abridged so long as he proceeds toward completion with reasonable care and diligence and in accordance with the terms of the approval.

(Code 1973, § 17-12.7.8)

Sec. 34-732. - Building permits.#

(a) No building permit shall be issued after the effective date of the ordinance from which this chapter is derived unless the applicant's site plan has been approved and a zoning permit has been issued by the administrator first.

(b) Nothing contained herein shall require any change in the plans or construction of any building or structure for which a building permit was granted prior to the effective date of the ordinance from which this chapter is derived.

(Code 1973, § 17-12.8)

Sec. 34-733. - Construction and use to be as provided in application, plan, permits and certificates.#

Zoning permits or certificates of occupancy issued on the basis of plans and applications approved by the administrator authorize only the use arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter and punishable accordingly.

(Code 1973, § 17-12.9)

Sec. 34-734. - Enforcement procedures.#

If the administrator shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations indicating the nature of the violation and ordering the action necessary to correct it. Such notification shall be mailed by certified mail to the current address shown on the property tax records of the town. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. If such violation continues, the administrator shall immediately institute an appropriate action or proceeding in law or equity to prevent such violation, or to restrain, correct or abate such violation.

(Code 1973, § 17-12.10)

Sec. 34-735. - Enforcement remedies.#

In case any building, structure, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this chapter, the administrator, in addition to other remedies, may institute in the name of the town any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land, or to prevent, in or about such premises, any act, conduct, business, or use constituting a violation.

(Code 1973, § 17-12.11)

Sec. 34-736. - Violation and penalty.#

(a) All departments, officials and public employees of this jurisdiction which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter. They shall issue permits for uses, buildings or purposes only when they are in harmony with the provisions of this chapter. Any such permit, if issued in conflict with the provisions of this chapter, shall be null and void.

(b) Any person, firm, or corporation, whether as principal, agent, employed or otherwise violating, causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $10.00 and no more than $1,000.00.§ Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed, continued or permitted by such person, firm, or corporation, and shall be punishable as herein provided.

(Code 1973, § 17-12.12)

Sec. 34-737. - Schedule of fees, charges, expenses and required material.#

(a) The town council may establish by resolution a schedule of fees, charges, expenses, and required materials, and a collection procedure for building permits, certificates of occupancy, appeals, and other matters pertaining to this chapter. The schedule of fees which is adopted by reference and declared to be a part of the chapter shall be posted in the offices of the administrator, and may be altered or amended only by the town council. Sufficient fees shall be collected to cover the cost of making inspections, issuing permits, advertising of notices and other expenses incident to the administration of this chapter.

(b) Until all applicable fees, charges, and expenses have been paid in full, and all required material has been submitted, no action shall be taken on any application or appeal.

(Code 1973, § 17-12.13)