Whenever there shall be plans in existence, approved by either the State Department of Transportation or by the governing body, for the widening of any street or highway, the Commission may require additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way for such proposed street or highway widening.
There shall be provided, at the time of erection of any building or at the time any main building is enlarged, minimum off-street parking space with adequate provision for entrance and exit by standard-sized automobiles, as follows:
A. 
In all districts where residential uses are permitted, there shall be provided, either in a private garage or on the lot, space for the parking of two automobiles for each dwelling unit in a new building or each dwelling unit added in the case of the enlargement of an existing building.
B. 
For churches, high schools, college and university auditoriums, and for theaters, general auditoriums, stadiums and other similar places of assembly, at least one parking space for every five fixed seats provided in said building.
C. 
For hospitals, at least one parking space for each two beds' capacity, including infants' cribs and children's beds.
D. 
For medical and dental offices, at least 10 parking spaces. Three additional parking spaces shall be furnished for each doctor or dentist in such offices in excess of three doctors or dentists.
E. 
For fraternal lodges, hunting clubs, golf courses, yacht clubs, country clubs and marinas, at least 25 parking spaces shall be provided. Additional parking may be required by the governing body.
F. 
For retail stores selling directly to the public, one parking space for each 200 square feet of retail floor space in the building.
G. 
Parking spaces for post offices, one for each 50 box holders but not less than 10 spaces.
H. 
Restaurants, one parking space per table or booth, plus six for employees.
I. 
For motels, hotels, tourist homes and boardinghouses, one parking space per guest room plus adequate parking for employees as determined by the Zoning Administrator.
J. 
Any other commercial building not listed above hereafter erected, converted or structurally altered shall provide one parking space for each 100 square feet of business floor space in the building.
K. 
For industrial plants, one parking space for each employee working in the plant.
L. 
Parking space as required in the foregoing shall be on the same lot with the main building, except that in the case of buildings other than dwellings, spaces may be located as far away as 600 feet. Every parcel of land hereafter used as a public parking area shall be surfaced with gravel, stone, asphalt or concrete. It shall have appropriate guards where needed as determined by the Zoning Administrator. Any lights used to illuminate said parking areas shall be so arranged as to reflect lights away from adjoining premises in a residential district. Any lights used to illuminate said parking areas shall be so arranged as to reflect lights away from adjoining premises as required by § 148-144.
M. 
Parking requirements shall at no time be considered sufficient for any other use of the premises, and additional spaces shall be provided to meet requirements when there is any change to a different industrial use or to a commercial use.
A. 
The Commission shall determine whether there exist any areas which would come under the United States Federal Aviation Agency's criteria for determining obstruction to air navigation. If such an area exists, it shall be marked on the Zoning Map in the office of the Zoning Administrator.
B. 
Places of public assembly, such as schools, hospitals, churches, apartment houses, theaters, community centers and nursing homes, shall not be erected or otherwise located in an area which would be classified as an airport/airstrip approach zone. This zone contains an area of 11,000 feet from the end of any runway. For airports accommodating commercial jet aircrafts, the zone extends out 3 1/2 miles from the end of any runway.
C. 
The Zoning Administrator shall consult with the United States Federal Aviation Agency and prepare such height and other regulations governing the construction of buildings within the airport/airstrip approach zone. Following approval by the governing body, the Zoning Administrator shall enforce these regulations.
The following lighting standards shall apply to all exterior lighting sources, including but not limited to lighting for parking, access drives, and walkways, gasoline canopy lighting, and internally and externally illuminated signs. Site plans shall include a lighting plan, drawn to the same scale as the site plan, to demonstrate compliance with the following standards.
A. 
All lighting shall be designed, located, fully shielded, and arranged so as not to direct glare on adjoining streets or properties. For Zoning Districts C-1, A-1 and all residential districts, the intensity at adjoining streets or residential properties shall not exceed 5.38 lux. For Zoning Districts B-1 and M-1, the intensity at adjoining streets or properties shall not exceed 16.15 lux. If the intensity on adjoining property lines does not exceed the lux previously mentioned, then lighting does not need to be shielded.
B. 
Excepted from these requirements are roadway and airport lighting, lighting activated by motion-sensor devices, temporary circus, fair, carnival, or civic uses, construction or emergency lighting, temporary lighting, and lighting associated with agricultural pursuits. For the purpose of this chapter, a "fully shielded fixture" shall be defined as an outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest part of the fixture.
Activities must comply with all local, state, and federal regulations.
At the discretion of the Zoning Administrator, the following uses shall be screened from public view and adjacent residential properties in a manner to be approved by the Zoning Administrator:
A. 
Sawmills.
B. 
Mobile home parks.
C. 
Veterinary, dog or cat hospital, with runways.
D. 
Sand and gravel pits.
E. 
Commercial feed lots.
F. 
Livestock markets.
G. 
Contractors' equipment storage yards.
H. 
Asphalt or concrete batching plants.
I. 
Concrete works.
J. 
Truck and motor freight terminals.
K. 
Auto/truck dismantling or junkyards.
L. 
Shipping containers.
At the discretion of the Zoning Administrator, the following uses shall have adequate fencing, to be approved by the Zoning Administrator:
A. 
Farming with livestock.
B. 
Veterinary, dog or cat hospitals, with runways.
C. 
Sand and gravel pits.
D. 
Commercial feed lots.
E. 
Lumber and building supplies.
F. 
Machinery sales and services.
G. 
Contractors' equipment storage yards.
H. 
Asphalt or concrete batching plants.
I. 
Concrete works.
J. 
Swimming or tennis clubs, commercial.
K. 
Swimming pools, private.
L. 
Auto/truck dismantling or junkyards.
In addition to setbacks required in other sections of this chapter, the following uses shall require the additional setback as specified:
A. 
Recreation camps, campgrounds and travel trailer camps: 25 feet.
B. 
Marinas, public or private, with or without restaurants: 25 feet.
C. 
Seafood processing, commercial aquaculture: 50 feet.
D. 
Sawmills and wood chipping/grinding facility: 100 feet.
E. 
Light industry: 25 feet.
F. 
Portable sawmills: 100 feet.
G. 
Food processing and canning: 50 feet.
H. 
Sand and gravel pits: 50 feet.
I. 
Commercial feed lots: 100 feet.
J. 
Livestock markets: 100 feet.
K. 
Contractors' equipment storage yard: 25 feet.
L. 
Storage warehouse: 25 feet.
M. 
Asphalt or concrete batching plant: 50 feet.
N. 
Boat building: 50 feet.
O. 
Concrete works: 50 feet.
P. 
Flour mill and grain milling: 25 feet.
In addition to side yards required in other sections of this chapter, the following uses shall require the additional side yards as specified:
A. 
Recreation camps, campgrounds and travel trailer camps: 25 feet.
B. 
Marinas, public or private, with or without restaurants: 25 feet.
C. 
Seafood processing, commercial aquaculture: 25 feet.
D. 
Sawmills and wood chipping/grinding facility: 50 feet.
E. 
Light industry: 25 feet.
F. 
Portable sawmills: 50 feet.
G. 
Food processing and canning: 25 feet.
H. 
Sand and gravel pits: 50 feet.
I. 
Commercial feed lots: 50 feet.
J. 
Livestock markets: 50 feet.
K. 
Contractors' equipment storage yard: 25 feet.
L. 
Storage warehouse: 10 feet.
M. 
Asphalt or concrete batching plant: 25 feet.
N. 
Boat building: 25 feet.
O. 
Concrete works: 25 feet.
P. 
Flour mills and grain milling: 25 feet.
A. 
Private noncommercial piers shall be located no less than 10 feet from the property line, unless two adjacent property owners construct one pier that is on the property line.
B. 
Open-sided shelter roofs or gazebo-type structures shall not be placed on private noncommercial piers.
C. 
Commercial piers and piers associated with marinas shall be located no less than 10 feet from the side property line and, if permitted by the governing body, may be covered.
[Amended 11-10-2021]
A. 
Boathouses shall meet the following criteria:
(1) 
Boathouses shall not exceed 20 feet in height, 700 square feet, unless, in the opinion of the Board of Supervisors, the physical features of the site, such as the property owner's length of shoreline, the elevation of the bank, the type of other structures in the area, etc., are such that a boathouse of a larger dimension would not be out of conformity with the surrounding area. In addition, two adjacent property owners may construct one boathouse that is on the property line, which cannot exceed 1,400 square feet by 20 feet in height. Boathouses' lengths and widths are measured from the support pilings, and the height is measured from the top of the roof ridge to mean low water.
(2) 
The minimum length of the applicant's shoreline shall not be less than 100 feet (measured in a straight line from the intersection of the side property line with the mean low waterline), and the pier and boathouse shall not be located less than 20 feet from the side property line at mean low water.
(3) 
The leaseholder of any oyster ground encroached upon by the proposed boathouse must be notified, as well as all the adjacent property owners, including owners across the waterway, if the waterway is less than 500 feet in width.
(4) 
The boathouse shall be in the most suitable location from surrounding properties, and any adverse impacts to adjoining properties, whether abutting or nearby, shall be minimal.
(5) 
All exposed materials shall be painted, stained or salt treated, except for boathouse canopies, private. Treated materials are required for all wood members contacting the water.
[Amended 3-14-2024]
(6) 
All roofs shall have an "A" pitch of no less than four on 12, with eves and soffits not exceeding 18 inches in width, except for boathouse canopies, private.
[Amended 3-14-2024]
(7) 
Except for the support pilings, top plates or headers, all sides of the boathouse will be open, with an unobstructed view from the waterline to the bottom of the top plate or support header.
(8) 
A fire extinguisher must be located within the boathouse, accessible from the pier, except for boathouse canopies, private.
[Amended 3-14-2024]
A. 
No individual mobile/manufactured home shall be located or relocated within Northumberland County until a building permit is granted. No building permit shall be granted for residential use of a mobile/manufactured home in Northumberland County until an approved water well and septic tank disposal system has been installed and certified operational by the County Sanitarian, Virginia Department of Health.
B. 
Once all requirements have been met regarding the placement of a mobile home within Northumberland County, except for the installation of a water and septic disposal system, the Building Official shall provide to the applicant a conditional certificate, which shall guarantee the issuance of a building permit when the approved water well and septic tank disposal system has been installed and certified operational by the County Sanitarian, Virginia Department of Health.
C. 
Mobile/manufactured home parks must meet the following requirements:
(1) 
The mobile/manufactured home park (MHP) is designed so that it will be harmonious in appearance with the existing or intended character of the general vicinity and that such use will not change the character of the area or be detrimental to existing properties.
(2) 
The MHP must meet all sanitary requirements of the State Health Department and provide a central water system.
(3) 
The minimum size of the MHP is 10 acres. The maximum density of an MHP shall not exceed a total of three manufactured homes per gross acre. Each manufactured home within the park shall be placed on an individual lot that shall contain a minimum of 10,890 square feet. Each lot shall have a minimum width of 75 feet.
(4) 
At least 10% of the MHP shall be reserved for recreational and open uses. This area may include areas within buildings designed for recreational use. The yard requirements for individual lots within the MHP shall not be included as part of this requirement.
(5) 
A fifty-foot-wide evergreen vegetated buffer shall be maintained from all adjacent roads, and a twenty-five-foot-wide evergreen vegetated buffer shall be maintained from all adjacent properties. The vegetated buffer shall be a minimum of six feet in height with no openings other than the required entrances and exits to streets or public spaces.
(6) 
Each home shall be so placed on its lot that no part of said home shall be closer than 50 feet to any other home, 50 feet to any service building and 75 feet to any boundary property line of the MHP.
(7) 
No home space shall be designed for direct access to a street outside the boundaries of the park. All interior access rights-of-way shall be at least 50 feet in width, and an all-weather maintained road at least 20 feet in width shall be constructed. All dead-end streets shall have a cul-de-sac which is not less than 100 feet in diameter.
(8) 
The MHP shall provide for a central location for the collection and removal of trash.
(9) 
Individual sites cannot be sold or transferred, and all utilities must be underground.
(10) 
Every park site shall have a minimum of two parking spaces per unit at a width of 15 feet per parking space.
D. 
Requirements for temporary storage of mobile/manufactured homes in various districts.
(1) 
Approval to store a mobile/manufactured home must be obtained from the Zoning Administrator.
(2) 
Only one mobile/manufactured home shall be stored on a given lot.
(3) 
Storage of a mobile/manufactured home shall not exceed six months. If storage needs exceed six months, approval must be obtained from the governing body.
(4) 
There shall be no occupancy of the mobile/manufactured home during the storage period.
[Amended 4-13-2023]
Recreational vehicles shall meet the following requirements:
A. 
Recreational vehicles shall be tied into an approved Health Department sewerage system unless they are located in an area (campground or subdivision) which has a dumping station approved by the Health Department or are located on the same property and adjacent to the main residence and no compensation is involved.
B. 
A conditional use permit is required for any exception to Subsection A above.
C. 
No full-time occupancy is allowed.
Hunt clubs shall meet the following requirements:
A. 
No hunt club shall operate within Northumberland County until a conditional use permit has been issued.
B. 
The roster of all members of any hunt club must be submitted annually prior to a date established by the Zoning Administrator.
C. 
The hunt club shall have a water sewerage disposal system for the submitted roster approved by the Northumberland County Health Department.
D. 
There shall be a vegetated buffer of 200 feet from adjoining residences and 100 feet from all other property lines, with no activities within these buffer areas. A landscape plan may be required by the Zoning Administrator.
E. 
There shall be three off-street parking spaces provided for every four members of the organization.
F. 
No animals shall be kept on the property unless supervised daily and permitted by the Board of Supervisors.
G. 
The hunt club shall be free of all trash and debris.
H. 
All exterior or outdoor lighting shall be so arranged as to reflect light away from adjoining properties. Hours of outdoor lighting shall be determined by the Board of Supervisors.
I. 
Any discharging of firearms on the site is prohibited unless specifically permitted by the Board of Supervisors.
[Added 6-14-2018]
A. 
Purpose. The purpose of this section is to provide for the siting, development, and decommissioning of solar energy projects in Northumberland County, subject to reasonable conditions that promote and protect the public health, safety and welfare of the community while promoting development of renewable energy resources.
B. 
Definitions. For definitions and word usage, see § 148-3A.
C. 
Solar energy facility, small system:
(1) 
Shall require administrative plan approval by the County Zoning Administrator. Plan approval does not indicate compliance with the Building Code or the Electric Code.
(2) 
For ground-mounted projects, the applicant shall supply a site plan showing existing structures, property lines and setback lines.
(3) 
For ground-mounted projects, the applicant is required to obtain a zoning permit and comply with local and state building codes, with setbacks being the same as the principal structure in the underlying zoning district.
(4) 
Noise requirements shall be no more stringent than noise requirements for other types of development.
(5) 
Does not require a decommissioning plan.
(6) 
A conditional use permit is required for any residential solar energy facility that exceeds 25 kW or 1,500 square feet of total land area.
[Added 9-14-2023]
D. 
Solar energy facility, medium-scale, and solar energy facility, utility-scale:
[Amended 3-10-2022; 9-14-2023]
(1) 
Shall require conditional use approval by the Board of Supervisors in all zoning districts, except R-1 Residential General and R-2 Residential Waterfront, where the use is prohibited. (This prohibition does not pertain to small agricultural generators as defined by § 56-594.2, Code of Virginia.)
(2) 
Shall require a minimum setback of 50 feet, with a 200-foot setback from the edge of the right-of-way of any state-maintained road. The Board of Supervisors can reduce the 200-foot setback as adjusted by the conditions of the particular site.
[Amended 5-9-2024]
(3) 
Shall comply with all applicable federal and state laws, including but not limited to building and electrical codes and erosion and sediment control as well as stormwater regulations.
(4) 
Shall submit a preliminary emergency operations plan (EOP) to be approved by the Chief of Emergency Services before seeking a conditional use permit, and a final as-built facility-specific EOP to the Chief of Emergency Services and the Sheriff's office, which are to be approved before the facility is operational. A fire protection plan is a required component of the EOP. The EOP is to be revised when any substantial changes are made to the facility, or if the ownership of the facility changes.
(5) 
Training for first responders, fire departments, rescue squads, and Sheriff shall be conducted on-site prior to the facility becoming operational.
(6) 
Shall notify the Chief of Emergency Services at least 48 hours before site becomes operational.
(7) 
Shall purchase and install a Knox-Box® on the outside of the perimeter fence near the entrance with the latest revision of the EOP, facility map, MDS sheets and emergency contact information as well as a key to the facility gate. A placard shall be mounted to the perimeter fence with the emergency contact phone number. The Northumberland County Chief of Emergency Services or his designee shall have access to the Knox-Box® for emergency access.
(8) 
Solar panels should, to the extent practical, be nonreflective.
(9) 
Shall require a project description that is a narrative identifying the applicant, owner and operator, and describing the proposed solar energy project, including an overview of the project and its location; approximate rated capacity of the solar energy project; the approximate number, representative types and expected footprint of solar equipment to be constructed; and a description of ancillary facilities, if applicable.
(10) 
Shall require a solar siting agreement (Code of Virginia, § 15.2-2316.7) to be negotiated between the project applicant and the County, as well as a public hearing on the siting agreement if the solar facility exceeds five megawatts.
(11) 
Shall negotiate various means of compensation to the County to offset the impacts of solar facility development, if the solar facility is less than five megawatts.
(12) 
Shall require an environmental inventory and impact statement regarding any site and viewshed impacts, including direct and indirect impacts to national and state forests, national or state parks, wildlife management areas, conservation easements, recreational areas, or any known historic or cultural resources within three miles of the proposed project.
(13) 
Shall require a site plan which shall include the following information:
(a) 
Property lines and setback lines.
(b) 
Existing and proposed buildings and structures, including preliminary location(s) of the proposed solar equipment.
(c) 
Existing and proposed access roads, drives, turnout locations, and parking; however, this requirement shall not exceed VDOT requirements for other types of projects in the underlying zoning district.
(d) 
Location of substations, electrical cabling from the solar systems to the substations, ancillary equipment, buildings, and structures (including those within any applicable setbacks).
(e) 
Fencing or other methods of ensuring public safety.
(f) 
Areas of land disturbance, and location of the 100 foot Chesapeake Bay 100 Foot Resource Protection Area.
(g) 
Additional information may be required, as determined by the Zoning Administrator, such as a scaled elevation view and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed solar energy project from potentially sensitive locations as deemed necessary by the Zoning Administrator to assess the visual impact of the project, landscaping and screening plan, coverage map, and additional information that may be necessary for a technical review of the proposal.
(14) 
Shall require a landscape agreement and surety. Landscape buffers are required that minimize impacts year-round on the view from an existing public right-of-way (ROW), properties or objects listed on the Virginia Landmarks Register, the National Register of Historic Places, and adjacent parcels. Required buffers shall be placed or preserved between the solar facility and adjoining properties and adjacent public or private rights-of-way:
(a) 
The use of existing vegetation is encouraged and shall be allowed in place of required new plant material, provided the vegetation to be used adequately screens the solar panels from view from the right-of-way and adjacent parcels, is a minimum of 25 feet in width, and is located entirely on the applicant's property. The applicant shall submit a landscape plan drawn by a professional landscape architect showing the location, size, and type of the existing plant material in the buffer area that is being used to meet the screening requirement. The plan shall include supplemental plantings wherever needed to ensure year-round screening. Should the buffer be damaged or destroyed at any time during the operation of the solar energy facility, additional vegetation shall be planted to restore the required vegetative buffer based on the approved or an amended plan.
(b) 
Where adequate vegetative screening does not exist, buffers shall consist of a continuous landscaping strip of not less than 25 feet in width planted with a mix of large (minimum four feet in height at planting) deciduous trees, large (minimum four feet in height at planting) evergreen trees, and shrubs forming a continuous screen. Individual site characteristics such as topography and solar panel height may increase the minimum height of vegetation material required, which will be addressed as a condition of the conditional use permit. At least 75% of the plantings shall be evergreen. The required screening shall be placed within the 25 feet closest to the perimeter of the site area. The applicant shall submit a landscape plan drawn by a professional landscape architect showing the location, size, and type of the plant material in the buffer area that is being used to meet the screening requirement and demonstrate compliance with this section.
(c) 
The vegetative buffer planting shall be planted within six months after receiving the conditional use permit.
(d) 
The Zoning Administrator shall require a surety prior to site plan approval in an amount sufficient and with conditions satisfactory to secure to the County compliance with the landscaping requirements set forth above. The landscaping surety will be held for the life of the project and will be released upon completion of decommissioning.
(e) 
The buffer shall be maintained for the life of the facility. Dead, diseased, or dying plants shall be replaced within the next planting season unless the remaining healthy vegetation provides the required screening.
(15) 
Shall require the grass inside and outside of the solar energy facility be mowed each year in the month of May and in the month of October.
(16) 
Shall require proof of adequate liability insurance for a solar energy facility and a copy of the lease agreement to the Zoning Administrator, prior to beginning construction and before the issuance of a zoning or building permit.
(17) 
Noise requirements for solar facilities shall be no more stringent than noise requirements for other types of development in the County.
(18) 
Lighting fixtures as approved by the County shall be the minimum necessary for safety and/or security purposes to protect the night sky by facing downward and to minimize off-site glare. No facility shall produce glare that would constitute a nuisance to the public during construction or general operation. Any exceptions shall be enumerated on the concept plan and approved by the Zoning Administrator.
(19) 
Decommissioning plan.
(a) 
The application shall include a decommissioning plan.
(b) 
A decommissioning plan shall include the following:
[1] 
The anticipated life of the project;
[2] 
The estimated decommissioning cost in current dollars;
[3] 
How said estimate was determined; and
[4] 
The manner in which the project will be decommissioned.
(c) 
The decommissioning plan shall be updated and filed with the County after two years of operation to account for changed circumstances, including inflation, by a Virginia licensed engineer of the County's choosing, with the cost to revise the plan being borne by the project applicant. Thereafter, the decommissioning plan shall be updated and filed with the County every five years.
[Amended 5-9-2024]
(d) 
The owner or owners of a solar facility shall notify the County whenever the facility is inactive for one year, at which time the owner shall have 12 months to decommission the facility.
(e) 
The owner or owners of a solar facility shall remove all electrical components to include, but not limited to, solar arrays, inverters, cabling (both below and above ground), and fencing. The owner or owners shall return the site to permanently stabilized land with vegetative cover.
(f) 
The decommissioning plan is to be submitted to the Zoning Administrator at the time of final site plan submittal.
(g) 
The operator (or property owner) shall submit a report to the Building and Zoning Department showing the amount of electricity generated each month of the prior year annually from the date the solar facility becomes operational.
E. 
Bonding requirements. Solar energy facility, utility-scale, shall require a surety bond in the amount required for full decommissioning of the solar facility as stated in the decommissioning plan. After each decommissioning plan review, if the cost to decommission has increased, the surety bond shall be increased by the same amount shown in the newly revised decommissioning plan. Salvage value of the solar energy equipment decommissioned is not to be included as part of the surety bond, as the bond itself should cover the full cost of decommissioning. The surety bond shall be approved by the BOS or its designee, and is required to be submitted with the final site plan.
[Amended 9-14-2023; 5-9-2024]
[1]
Editor's Note: The provisions on solar energy facilities were adopted as Art. XIV, §§ 248-141 through 248-145, but were renumbered as § 248-155A through E, respectively, to avoid duplicate section numbers and to maintain the organizational structure of the County's Code.
[Added 4-19-2023]
A. 
Tent camping is permitted by owners, residents, tenants and their respective guests on property owned, leased or otherwise legally occupied by the owners, residents, or tenants, without compensation, for a period of no more than 10 consecutive days, and shall require a Health Department-approved sanitation facility, on lots less than one acre that do not have dwelling unit or a recreational vehicle connected to a sewer or septic system.
B. 
A conditional use permit, if allowed per zoning district (See Table of Usages, Appendix A),[1] is required for any exception to these provisions.
[1]
Editor's Note: Table of Usages, Appendix A, is included as an attachment to this chapter.
C. 
No full-time occupancy is allowed.