Essex County Unincorporated

Notice of public hearings shall be published once a week for two successive weeks in some newspaper published or having general circulation in the County.

Notices shall specify the time and place of a hearing at which persons affected may appear and present their views, not less than five days nor more than 21 days after the second advertisement shall appear in such newspaper.

When a proposed amendment of this Ordinance involves a change in the zoning classification of 25 or fewer parcels of land, then, in addition to the advertising as above required, written notice shall be given at least five days before the hearing to the owner, owners, their agent or the occupant of each parcel involved

When a proposed change in Zoning Map classification; or an application to increase by greater than 50 percent of the bulk or height of an existing or proposed building, but not including renewals of previously approved special exceptions, involves any parcel of land located within one-half mile of a boundary of an adjoining locality of the Commonwealth, then, in addition to the advertising and written notification as required by this section, written notice shall also be given by the local commission, or its representative, at least 10 days before the hearing to the chief administrative officer, or his designee, of such adjoining locality.

When a proposed change in Zoning Map classification; or an application to increase by greater than 50 percent of the bulk or height of an existing or proposed building, but not including renewals of previously approved special exceptions, involves any parcel of land located within one-half mile of a boundary of an adjoining locality of the Commonwealth, then, in addition to the advertising and written notification as required by this section, written notice shall also be given by the local commission, or its representative, at least 10 days before the hearing to the chief administrative officer, or his designee, of such adjoining locality.

involves any parcel of land located within one-half mile of a boundary of an adjoining locality of the Commonwealth

This notice shall be mailed a minimum of 10 days prior to the date of the public hearing.

General Standards and Interpretation: minimum requirements, family subdivisions not subject to density restrictions, setbacks may be increased for floodplain or Chesapeake Bay regulations, non-residential structures shall meet minimum setbacks.

(a) In addition to the other requirements of this Ordinance, the requirements specified in this Article shall be considered the minimum required to promote the public health, safety, convenience, and general welfare. Unless otherwise specified, the standards of the Article are the minimum required. (b) Family subdivisions are not subject to the density restrictions. (c) The permitted density and division of land is allowed provided minimum lot sizes, dimensions, and setbacks can be met and provisions of Community Development Standards, Article VII of this Ordinance, including but not limited to, parking, landscaping, buffers, screening, and the Essex County Subdivision Article are satisfied. (d) Minimum requirements are also subject to the standards for specific uses in Use Performance Standards, Article VI, and any conditions of Conditional Use approval, if applicable. (e) State Health Official may require larger minimum lot area for permitted uses as needed to meet Department of Health requirements for individual wells and/or sewage disposal systems. (f) Lot frontage on the terminus of a stub street does not meet the requirements for road frontage unless a determination is made that extension of the stub street is not needed to serve future development. (g) Setbacks: (1) Increased setbacks may be required for compliance with Floodplain or Chesapeake Bay regulations. (2) Minimum setbacks shall be increased where necessary to obtain the required lot width at the front building line. (3) Non-residential structures shall meet minimum setbacks provided in this Ordinance. (h) Virginia Department of Transportation may require additional accesses for developments other than what is specified in this Article; the more restrictive requirement shall control.

A planned unit development may include light commercial facilities to the extent necessary to serve the needs of the particular planned unit development. Lands currently designated as the Agricultural Preservation (A-1) district shall not be considered appropriate for Planned Unit Development (PUD) district designation.

This district is enacted to implement the requirements of Code of Virginia, § 62.1-44.15:67 et seq., as amended, (The Chesapeake Bay Preservation Act) and Regulation 9VAC25-830 et seq.

Section 36.240. - PUD Planned Unit Development District Requirements.

Minimum of 30% of the total land area of the PUD must include non-residential uses (Overall not less than 20% commercial uses and not less than 10% public/recreational and open space uses)

An integrated mix of higher density residential development with smaller scale neighborhood-serving commercial uses, public spaces and community and recreational uses are permitted

Minimum of 30% of the total land area of the PUD must include non-residential uses (Overall not less than 20% commercial uses and not less than 10% public/recreational and open space uses)

An integrated mix of higher density residential development with smaller scale neighborhood-serving commercial uses, public spaces and community and recreational uses are permitted.

This district shall be in addition to and shall overlay all other zoning districts where they are applied...

DIVISION 5. - CHESAPEAKE BAY PRESERVATION AREA OVERLAY DISTRICT ... Section 36.267. - Areas of Applicability. ... Section 36.269. - Use Regulations. ... Section 36.270. - Lot Size. ... Section 36.271. - Performance Standards. ... Section 36.272. - Water Quality Impact Assessment (WQIA). ... Section 36.273. - Plan of Development. ... Section 36.274. - Administrative Waivers.

a 100-foot 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 during development where it does not exist.

The height limitations of this Ordinance shall not apply to: belfries, chimneys, church spires, conveyors, cooling towers, elevator bulkheads, fire towers, water towers, flag poles, public monuments, ornamental towers, commercial radio/TV towers less than 125 ft, silos, smoke stacks, stage towers, fire walls up to 4 ft.