A.
Limited
sale of foods prepared on the premises may be allowed, provided no
more than 20% of the floor area is devoted to seating facilities.
Seating areas in excess of this shall constitute a fast-food restaurant.
C.
The display
of vehicles for sale is prohibited.
D.
When
adjoining a residential use type, a twenty-foot-wide buffer yard shall
be provided along the property line which adjoins the residential
use type. The buffer yard shall include a mix of evergreen and deciduous
trees and shrubs approved by the Zoning Administrator.
A.
Bulk
storage of fuel shall be pursuant to the standards established by
the National Fire Prevention Association (NFPA) and the United States
Environmental Protection Agency (EPA).
B.
Fuel
dispensers shall be located at least 30 feet from any public street
right-of-way and shall be located at least 100 feet from any adjoining
residential use type.
C.
When
adjoining a residential use type, a twenty-foot-wide buffer yard shall
be provided along the property line which adjoins the residential
use type. The buffer yard shall include a mix of evergreen and deciduous
trees and shrubs approved by the Zoning Administrator.
Swimming pools (aboveground or below-ground) shall be considered
accessory structures and shall be subject to the minimum setback requirements
for such structures within any district that allows such. There is
no minimum separation requirement from another structure. If the pool
is surrounded by a fence, then the setback shall be measured from
the fence; otherwise, the setback is measured from the side wall of
the pool.
As defined, accessory uses and structures may be commonly found
and associated with principal use types. Principal uses which are
allowed by right or by conditional use may include, but not be limited
to, accessory uses and activities, provided such accessory uses and
activities are appropriate and incidental to the principal use, and
provided they are designed and located in accordance with the intent
and provisions of this article.
A.
Agricultural
use types.
(1)
Agricultural
use types may include, but not be limited to, the following accessory
uses, activities, or structures on the same site or lot:
(a)
Parking areas.
(b)
Storage of agricultural equipment, products, or materials associated
with the principal use.
(c)
Temporary sawmills.
(d)
Other uses and activities necessarily and customarily associated
with the purpose and function of agricultural use types, as determined
by the Zoning Administrator.
B.
Residential
use types.
(1)
Residential
use types may include, but not be limited to, the following accessory
uses, activities, or structures on the same site or lot:
(a)
Private garages and parking for the principal use.
(b)
Recreational activities and uses used by residents, including structures
necessary for such uses.
(c)
Playhouses, gazebos, incidental household storage buildings, swimming
pools, and other similar accessory structures.
(d)
Garage and yard sales, provided such sales occur no more than two
days in a two-month period.
(e)
Other uses and activities necessarily and customarily associated
with the purpose and function of residential use types, as determined
by the Zoning Administrator.
(f)
Construction office or trailer associated with active construction
on a site. Said office or trailer must be removed from the premises
within 30 days of issuance of the certificate of occupancy.
C.
Office
use types.
(1)
Office
use types may include, but not be limited to, the following uses,
activities, or structures on the same site or lot:
(a)
Parking for the principal use.
(b)
Recreational facilities available only to the employees.
(c)
Day-care facilities available only to the employees.
(d)
Other uses and activities necessarily and customarily associated
with the purpose and function of office use types, as determined by
the Zoning Administrator.
(e)
One accessory dwelling unit occupied by employees responsible for
the security of the use.
(f)
Construction office or trailer associated with active construction
on a site. Said office or trailer must be removed from the premises
within 30 days of issuance of the certificate of occupancy.
D.
Commercial
use types.
(1)
Commercial
use types may include, but not be limited to, the following uses,
activities, or structures on the same site or lot:
(a)
Parking for the principal use.
(b)
Accessory storage buildings or areas.
(c)
One accessory dwelling unit occupied by employees responsible for
the security of the use.
(d)
Other uses and activities necessarily and customarily associated
with the purpose and function of commercial use types, as determined
by the Zoning Administrator.
(e)
Construction office or trailer associated with active construction
on a site. Said office or trailer must be removed from the premises
within 30 days of issuance of the certificate of occupancy.
E.
Industrial
use types.
(1)
Industrial
use types may include, but not be limited to, the following uses,
activities, or structures on the same site or lot:
(a)
Parking for the principal use.
(b)
Recreational facilities available only to the employees.
(c)
Day-care facilities available only to the employees.
(d)
Other uses and activities necessarily and customarily associated
with the purpose and function of industrial use types, as determined
by the Zoning Administrator.
(e)
One accessory dwelling unit occupied by employees responsible for
the security of the use.
(f)
Construction office or trailer associated with active construction
on a site. Said office or trailer must be removed from the premises
within 30 days of issuance of the certificate of occupancy.
(g)
Cafeterias and/or sandwich shops available only to the employees
of the use type.
(h)
Incidental retail sale of goods associated with the industrial use
type, provided the square footage does not exceed 10% of the gross
floor area or 3,000 square feet, whichever is less.
A.
The perimeter
property line and the site or area used as a shooting range or match
shall be fenced, posted every 100 feet and otherwise restricted so
that access to the site is controlled to ensure the safety of patrons,
spectators, and the public at large.
B.
The minimum
distance from any firing point measured in the direction of fire to
the nearest property line shall not be less than 1,000 feet.
C.
A backstop
shall be utilized to absorb the discharge load; the minimum distance
may be 200 feet from the target.
D.
No discharge
point shall be located so as to point the direction of fire towards
any publicly owned and maintained road.
A.
The minimum
area for a campground shall be 10 contiguous acres.
B.
Each
campsite shall be set back a minimum distance of 50 feet from the
perimeter property line of the campground.
C.
The maximum
density shall be 14 sites per gross acre. Each campsite designed for
recreational vehicles shall have a minimum space of 2,000 square feet
with a minimum width of 30 feet. Areas devoted solely for tent camping
shall provide at least 500 square feet per campsite.
D.
Vacation
cottages may be constructed within a campground, provided that a minimum
land area of 4,000 square feet is designated for each cottage site.
The maximum floor area of the cottage shall be 30% of the site area.
E.
The primary
access road shall be paved in accordance with the latest edition of
the Virginia Department of Transportation's Subdivision Street Requirements
Manual. Such paving shall extend from the public street right-of-way
to the entrance station. Interior roads and access to individual sites
shall consist, at a minimum, of an all-weather gravel surface. All
interior roads shall be 18 feet wide for two-way travel and 12 feet
wide for one-way travel. No campsite shall have direct access to a
public street.
F.
One manufactured
home, or single-family dwelling, established pursuant to this article
may be located in a campground as a caretaker's residence.
H.
Indoor
and outdoor recreational facilities are permitted for the exclusive
use of the campground tenants. At least 15% of the campground area
shall be developed and improved for recreational uses. In calculating
the required area, common walkways and related landscaping may be
included, provided such space is at least 20 feet in width. At least
half of the required recreation area shall be for active recreation,
such as swimming pools, ballfields, and play lots for small children.
No developed recreational areas shall be located within the required
yard setbacks for the district.
I.
Retail
sales for the convenience of campground tenants are permitted. Items
are limited to food, concessions, recreational supplies, personal
care items, and other items clearly supportive of campground tenants'
needs.
J.
Guests
may stay no more than 30 nights in any one calendar year. The operator
of the campground shall maintain a log of all guests, including their
name, address, license plate number, and length of stay, and shall
make the log available to County staff upon request.
K.
The campground
site shall have direct access to a publicly owned and maintained street.
It is recognized that a home occupation provides valuable services
while providing income for County residents. The regulations in this
section seek to prevent conflict of the home occupation with the surrounding
residential areas and to ensure that the home occupation maintains
a secondary posture to the main residential use.
A.
Home
occupations, where permitted, must meet the following general requirements:
(1)
A
zoning permit or home occupation application is required to be approved
prior to commencing the home occupation activity.
(2)
The
applicant must be the owner of the property on which the home occupation
is to be located or must have written approval of the owner of the
property if the applicant is a tenant.
(3)
The
home occupation shall be operated only by the members of the family
residing on the premises, and no article or service shall be sold
or offered for sale except as may be made by members of the immediate
family residing on the premises.
(4)
The
use is clearly incidental and secondary to the use of the property
for dwelling purposes, and no external alterations which would cause
the premises to differ from its residential character by the use of
colors, materials, lighting, or construction are permitted.
(5)
Restrictions
on home occupations shall not apply to the sale of unprocessed agricultural
and husbandry products.
B.
Additional
standards for all Type I home occupations:
(1)
The
maximum floor area permitted for a home occupation shall be 10% of
the finished floor area of the dwelling unit. Storage of goods or
products shall not exceed 5% of the finished floor area.
(2)
There
shall be no display or storage of goods or products visible from a
public or private right-of-way or any adjacent property.
(3)
The
sale of goods or services produced on the premises which involve a
consumer coming to the premises shall be limited to no more than five
customers or vehicles per day. Babysitting for five or fewer children
shall be permitted.
(4)
Lessons
in the applied arts shall be permitted, provided that the class size
for any lesson does not exceed five students at any one time or a
total of 15 students per week.
(5)
No
sign may be placed on the property advertising the home occupation.
(6)
No
advertising through local media, including telephone books, flyers,
banners, social media or other internet media, shall be permitted
so as not to call attention to the residential address of the home
occupation.
(7)
An
accessory building or structure may be used, provided that the total
floor area between the dwelling unit and the accessory building devoted
to the home occupation does not exceed the 10% of the finished floor
area of the dwelling unit.
C.
Additional
standards for all Type II home occupations:
(1)
The
maximum floor area permitted for the home occupation shall be 25%
of the finished floor area of the dwelling unit. Storage of goods
or products shall not exceed 12% of the finished floor area.
(2)
An
accessory building or structure may be used with the home occupation,
provided that the total floor area between the dwelling unit and the
accessory building devoted to the home occupation does not exceed
25% of the finished floor area of the dwelling unit.
(3)
The
sale of goods or services produced on the premises which involve a
consumer coming to the premises shall be limited to not more than
20 customers or vehicles per day. Babysitting for five or fewer children
shall be permitted.
(4)
Lessons
in the applied arts shall be permitted, provided that the class size
for any lesson does not exceed eight students at any one time or a
total of 24 students per week.
(5)
One
nonilluminated sign, a maximum of two square feet in area, shall be
permitted per dwelling, regardless of the number of home occupations
within the dwelling.
D.
A zoning
permit for home occupations shall expire under either of the following
conditions:
(1)
Whenever
the applicant ceases to occupy the premises for which the home occupation
permit was issued; and no subsequent occupant of such premises shall
engage in any home occupation until he shall have been issued a new
permit after proper application.
(2)
Whenever
the holder of such permit fails to exercise the same for any period
of 12 consecutive months.
A.
General
standards:
(1)
Minimum
tract size for any new or expanding park: five contiguous acres.
(2)
Minimum
frontage for any new or expanding park: 50 feet on a publicly owned
and maintained street.
(3)
Maximum
density for any new or expanding park served by a community water
and/or sewer system: seven dwelling units per gross acre.
(4)
In
a manufactured home park, the manufactured home shall be less than
19 feet in width and shall otherwise comply with the requirements
of this division.
(5)
A
fifty-foot buffer yard shall be installed along the side and rear
perimeter of the park. No square footage allocated to a manufactured
home shall be located within any portion of a required buffer yard.
C.
Minimum
setback requirements:
(1)
Front
yard (measured from any interior street): 20 feet.
(2)
Front
yard (for lots fronting a perimeter street): 30 feet.
(3)
Side
yard: five feet.
(4)
Rear
yard: 10 feet.
(5)
Distance
between manufactured homes: 25 feet.
(6)
Accessory
buildings: behind the front face of the manufactured home and three
feet from any boundary line.
D.
Additional
improvements:
(1)
Each
manufactured home lot shall have a pad constructed for the placement
of a manufactured home in full compliance with the area, lot, and
setback requirements of this section.
(2)
All
manufactured homes shall be anchored to the pad in accordance with
the provisions of the Virginia Uniform Statewide Building Code.
(3)
Each
manufactured home shall be skirted with a durable material.
E.
Outdoor
recreation areas:
(1)
Minimum
usable space for recreational areas: 8% of the gross area of the manufactured
home park.
(2)
Minimum
countable area: 5,000 contiguous square feet.
(3)
Space
shall not include manufactured home lots, buffer yards, street rights-of-way,
open parking areas, or driveways.
(4)
Recreational
areas shall include passive and active facilities and be of an appropriate
nature and location to serve the residents of the park. This may include
facilities such as recreation centers, swimming pools, tennis and
basketball courts, and similar facilities.
(5)
Maintenance
shall be the responsibility of the park management.
F.
Streets
and walkways:
(1)
Streets
in a manufactured home park may be private so long as the surfacing
material and design comply with all applicable County standards for
such streets, or to VDOT Secondary Road Standards, whichever is more
restrictive.
(2)
If
the streets are private, then the following standards shall apply:
(a)
Street width: 20 feet.
(b)
Culs-de-sac: shall have a minimum diameter of 80 feet.
(c)
Maximum gradient: 12%.
(d)
Manufactured home lots not served by a public or private street may
be served by a walkway, trail, or bikeway, provided such pathway serves
the front, side, or rear of the manufactured home lot. Such pathway
shall be constructed of a hard surface, or gravel material, and shall
have a minimum width of three feet.
G.
Parking:
(1)
Each
manufactured home lot shall have the equivalent of two parking spaces.
At least one of these spaces shall be provided on the lot.
H.
Refuse
disposal. Refuse disposal shall be the responsibility of the park
management. Common refuse collection areas shall be provided throughout
the park. All refuse areas shall be screened with a solid, durable
material meeting the requirements of this article.
A.
Accessory
use: The keeping of domestic chickens shall be permitted only as an
accessory use to an already existing principal residential use located
on the same lot.
B.
Maximum
number of chickens: 12 chicken hens. No roosters shall be allowed.
C.
Confinement:
All chickens shall be kept in a securely enclosed coop and fenced
area at all times and shall not be permitted to roam at-large.
D.
Minimum
lot area requirement: 1/2 acre (21,790 square feet).
E.
Use location
and minimum setbacks: The keeping of chickens and related accessory
structures shall only be allowed in the defined rear yard of the property.
The minimum setback distance from adjoining side and rear property
lines for the accessory chicken coop and fenced area shall be 25 feet.
A.
All townhome
or multifamily developments shall be served by public water and public
sewer.
B.
The minimum
separation between buildings shall be 25 feet.
C.
No more
than 10 units in a group or block shall be allowed.
D.
Accessory
structures shall be allowed in the rear yard only, with a minimum
setback of five feet for side and rear yards.
E.
All townhome
or multifamily developments shall have access to a public right-of-way
in only one location. Interior streets may be private; however, they
should be built to a standard equivalent to the VDOT Secondary Street
Standard.
F.
Maximum
gross density: 12 units per acre.
G.
Minimum
parcel size: 7,200 square feet for each end dwelling unit, plus 3,630
square feet for each interior unit.
I.
No parking
area shall be allowed in the setback area.
J.
Maximum
building coverage: 40%.
[Added 3-29-2016]
Manufactured homes provide a viable and affordable housing option
for a segment of the county's population. This housing option is provided
in areas predominantly of agricultural and forestal uses with minimal
requirements, consistent with state code. The following general standards
shall apply to manufactured homes:
A.
No
manufactured home constructed before July 1, 1976, shall be erected,
installed, occupied or sold in Appomattox County, except as follows:
(1)
The manufactured home existing in the county prior to the effective
date of this section. Said manufactured home shall be allowed to remain
at its current location; and
(2)
A manufactured home, in existence prior to the effective date of
this section, shall be allowed to remain subject to the provisions
for nonconforming uses contained elsewhere in this Zoning Ordinance.
B.
All
manufactured homes shall be mounted on and anchored to a permanent
foundation, and skirted in accordance with the provisions of the Virginia
Uniform Statewide Building Code.
The purpose of this § 19.6-88 is to regulate the size,
location, height, and construction of all signs for public observance;
to protect the public health, safety, convenience, and general welfare;
to facilitate the creation of a convenient, attractive, and harmonious
community; to protect property values; and to further goals and objectives
of the Community Development Plan. Signs subject to these regulations
include all exterior signs and permanent interior window signs which
are placed for exterior observance. Pursuant to the goals and objectives
of the Community Development Plan, these regulations are intended
to promote signs which:
A.
Are
compatible with the physical and architectural character of their
surroundings;
B.
Are
legible and appropriate to the activity to which they pertain;
C.
Are
not distracting to motorists;
D.
Avoid
visual clutter;
E.
Are
constructed and maintained in a structurally sound and attractive
condition;
F.
Are
limited to the specific use or business that is in operation on the
premises; and
G.
Are
an enhancement to the appearance of the County's corridors, residential
neighborhoods, and business districts.
Except as provided hereinafter, no sign shall be erected, installed,
used, altered, painted, relocated, replaced, or reconstructed until
a sign permit has been issued by the Zoning Administrator. For the
purpose of this article, all signs are considered accessory uses and,
unless specifically qualified, shall be located on the same lot with
the principal use to which the sign pertains.
A sign permit shall be required for all signs except for those
specifically excluded from the permit requirements of this section.
Applications for sign permits shall be filed on a form provided by
the Zoning Administrator, shall contain information required herein,
and shall be accompanied by a fee as established by the Appomattox
County Board of Supervisors.
A.
Information
required. All applications for sign permits shall be submitted on
the standard sign permit application form, and the applicant shall
provide additional written or graphic exhibits to incorporate the
following information:
(1)
Name, address, and telephone number of the sign erector, sign owner,
and property owner.
(2)
Position of the sign in relation to adjacent lot lines, buildings,
sidewalks, streets, and intersections shown on a legal plat produced
by a licensed surveyor or engineer.
(3)
Type of sign and general description of structural design and construction
materials to be used.
(4)
Purpose of the proposed sign.
(5)
Drawings of the proposed sign which shall contain specifications
indicating the height, perimeter, and area dimensions, means of support,
method of illumination, colors, and any other significant aspect of
the proposed sign.
(6)
Tax Map number, zoning, and address of the property on which the
sign is to be located.
(7)
Information pertaining to any existing signs on the property.
(8)
Any other information requested by the Zoning Administrator in order
to carry out the purpose and intent of these regulations.
The following regulations shall apply generally to all signs
and are in addition to the regulations that apply to the signs in
each district:
A.
All
signs shall be erected on or before the expiration of the permit;
otherwise, the permit shall become null and void, and a new permit
shall be required.
B.
Except
as otherwise provided, these regulations shall be interpreted to permit
one sign of each permitted basic sign type, in accordance with the
applicable regulations, for each street frontage, for each permitted
used on the premises. For the purpose of this article, basic sign
types are freestanding (including monument), building mounted, projecting,
and temporary.
C.
The
owner and/or tenant of the premises and the owner and/or erector of
the sign shall be held responsible for any violation of these regulations.
Where a sign has been erected in accordance with these regulations,
the sign company shall be relieved of any further responsibility under
these regulations after final approval of the sign by the Zoning Administrator.
D.
All
signs shall be maintained in good condition and appearance. Lights
for illuminated signs shall be maintained in good working order. After
due notice has been given as provided below, the Zoning Administrator
may cause to be removed any sign which shows gross neglect or becomes
dilapidated. The owner of said property shall be responsible for any
expenses incurred by the County in the execution of this requirement.
E.
The
Zoning Administrator shall remove or cause to be removed any sign
erected or maintained in conflict with these regulations if the owner
or lessee of either the site or the sign fails to correct the violation
within 30 days after receiving written notice of violation from the
Zoning Administrator.
F.
A landscaped
planting area may be provided around the base of any freestanding
or detached sign. The planting area shall contain two times the area
of the sign, be a minimum of four feet in width, be protected from
vehicular encroachment, and contain a combination of low-lying shrubs
and ground covers (other than grass). The landscape treatment shall
be designed and maintained to not exceed a height of three feet above
the average grade.
G.
Changeable-message
signs, including those with panels, including electronic changeable-copy
panels, or zip tracks, are allowed. The changeable-message area of
the sign may cover the entire maximum allowable sign area. Electronic
changeable-copy panels are allowed so long as the message is placed
on the sign for a minimum duration of four seconds and does not scroll
either horizontally or vertically.
H.
Externally
illuminated signs shall be illuminated only by a steady, stationary,
light source directed only at the sign without causing glare for motorists
and pedestrians or illumination spillover on neighboring properties.
Internally illuminated signs shall be illuminated only by a steady,
stationary, light source internal to the sign without causing glare
for motorists and pedestrians or illumination spillover on neighboring
properties.
I.
Sight
distance: the land adjoining a street intersection that is to be kept
clear of obstructions between three feet and seven feet above the
ground to protect the visibility and safety of motorists and pedestrians.
The impact of sign placement, size, and height shall be addressed
with each sign permit application, with graphic information to be
provided with the submission of a site plan sufficient for the Zoning
Administrator to assess the applicant's sight distance determination.
A.
Sign
area computations. The sign area shall be calculated as the entire
area within a single continuous perimeter, and a single plane, composed
of a square, circle, rectangle, or other geometric figure that encloses
the extreme limits of the sign's message background and trim, and
including all letters, figures, graphics, or other elements of the
sign.
B.
Frame
and bracing material. Any supporting frame and/or bracing material
of the sign shall not be included in the sign area calculations, provided
that:
C.
Sign
faces to be calculated. The sign area shall be calculated based upon
the maximum number of faces viewable for any ground position, as follows:
(1)
Single-faced sign: one face counted.
(2)
Double-faced sign: one face counted.
(3)
V-shaped sign: one face counted.
(4)
Three-dimensional sign: projected to single flat planes, all visible
sign faces counted.
(5)
Cylindrical sign: the sign area of the cylinder shall be calculated
by multiplying the height of the cylinder by the diameter of the cylinder.
D.
Sign
height. The dimension to the top of any point on a sign, including
support structure, shall be the distance from the average grade level
to the top of the sign or sign structure and shall not exceed the
requirements set forth in the district requirements.
E.
Maximum
allowable sign area. The maximum allowable sign area shall not exceed
the area defined in each zoning district.
The following signs are exempted from the provisions of this
§ 19.6-88 and may be erected or constructed without a permit
but in accordance with the structural and safety requirements of the
Building Code:
A.
Traffic
signs and signals: signs erected and maintained pursuant to and in
discharge of any federal, state or County government function, or
as may be required by law, ordinance, or governmental regulation,
including official traffic signs and signals, warning devices, and
other similar signs.
B.
Changing
of message content: changing copy on a bulletin board, poster board,
display encasement, marquee or changeable-copy sign.
C.
Home/garage/yard
sale sign: Temporary signs advertising a home, garage, or yard sale,
as differentiated from signs advertising established commercial enterprises
and real estate sales, may be erected in any zoning district, subject
to the following provisions:
D.
Temporary
window signs: temporary, nonilluminated window signs in display windows
in a business district, limited to 20% of the total glass area of
the window in which they are placed.
E.
Temporary
real estate signs: Temporary, nonilluminated real estate signs advertising
real estate for sale or lease shall be exempt from obtaining a permit,
subject to the following restrictions:
(1)
All real estate signs advertising commercial property or a residential
subdivision shall be a maximum of 32 square feet.
(2)
All real estate signs advertising single-family residential lots
for sale or lease shall not exceed four square feet in area and four
feet in height and shall be limited to one per lot or one per road
frontage on corner lots and double-frontage lots. Signs must be located
on the property which is intended to be sold or leased.
(3)
Off-premises open house real estate signs shall be allowed in conjunction
with and for the duration of the open house showing only and shall
be limited to the same dimensions as any other real estate sign for
single-family residential lots.
F.
Public
auction/sales signs: Nonilluminated signs advertising public auctions
or sales, as differentiated from signs advertising established commercial
enterprises, real estate sales and/or lease or home/garage/yard sales,
may be erected in any zoning district, subject to the following provisions:
G.
Temporary
construction signs: nonilluminated signs not more than 32 square feet
in total area, erected in connection with new construction work and
displayed on the premises during such time as the actual construction
work is in progress; one such sign shall be permitted for each street
frontage.
H.
Signs
warning trespassers: nonilluminated signs warning trespassers or announcing
property as posted, without limitations on number or placement, limited
in area to three square feet in area.
I.
Mounted
or painted on a vehicle: Mounted, attached or painted signs on an
automobile, truck, bus, or other vehicle shall be permitted while
in use in the normal course of business. Such signs must be of a size,
style, mounting, color, and configuration which would be in conformance
with all Virginia Division of Motor Vehicles laws and regulations
for on-street operation of the subject vehicle. The vehicle must be
in good operating condition and have proper registration and inspection
certifications.
J.
Political
campaign signs: Signs applicable to federal, state, or local elections
are permitted, subject to the following provisions:
(1)
Such signs may not be placed on utility poles, traffic control signs,
or within the public right-of-way. Political signs shall be removed
no later than seven days after the election and are the responsibility
of the property owner on whose lot the sign is displayed.
K.
Civic/charitable
signs: Signs advertising activities of civic/charitable organizations
may be erected in any zoning district, provided they do not exceed
eight square feet in total area and are removed no later than one
day following the event.
L.
Display
of national, state, or locality flag: the display of a government
flag not exceeding 72 square feet in area.
M.
Address
signs: signs which display names and/or address numbers only of residential
occupants, so long as the total display area does not exceed 30 square
inches.
N.
Seasonal
displays and decorations which do not advertise a product or service:
displays or decorations that are of a patriotic, religious, or civic
character on private property, not advertising a product or service,
and not displayed for a period to exceed 30 days.
O.
Artwork:
works of art that do not contain any commercial messages or references.
P.
Decals:
decals affixed to windows or door glass panes, such as those that
indicate membership in a business group or credit cards accepted at
the establishment, provided that such decals do not exceed 36 square
inches.
Q.
Private
drive signs: on-premises private residential drive signs, limited
to one per drive entrance, not exceeding two square feet in total
area. Language on the sign shall be limited to "private drive" and/or
the address of any residences utilizing the private drive.
The following signs and displays may be erected only after obtaining
a temporary sign permit from the Zoning Administrator. The temporary
sign permit shall cite the applicant's stated purpose for the sign,
the size, type, and configuration of the sign, and the time period
the sign is intended to be displayed as well as any other information
necessary to allow the Zoning Administrator to issue the permit. Temporary
sign permits shall be issued for thirty-day periods when, in the opinion
of the Zoning Administrator, such sign or display will be in the public
interest and would not result in damage to private property. The sign
permit may be extended for one thirty-day period. Such temporary sign
permits may be issued no more than three times in a calendar year
for the same business or event. If a temporary sign is not removed
by the expiration of the time limitation, then the Zoning Administrator
may remove the sign or display and charge the cost of the removal
to the individual applicant or responsible party. The cumulative area
for any temporary sign shall not exceed 32 square feet.
A.
Commercial
promotional signs: special sales promotion displays in a district
where such sales are permitted, including displays incidental to the
opening of a new business and special one-time auctions of real or
personal property.
B.
Commercial
banner: banners when used in conjunction with the opening of a new
business or an establishment going out of business in any commercial
or industrial district; limit one banner per business.
C.
Residential
banner: banners when used in conjunction with grand openings and/or
initiation of sales or leasing of lots and/or dwelling units within
a newly developing residential project.
D.
Temporary
portable sign: temporary portable signs, such as A-frame signs or
changeable-copy signs, which are intended to identify or display information
pertaining to an establishment for which permanent freestanding signage
has not been established. Such signs shall be removed upon installation
of the permanent freestanding sign or within the limitations of the
temporary sign permit, whichever occurs first.
E.
Moored
balloon and/or floating signs: moored balloon and floating signs tethered
to the ground or a structure, provided that the size, type, location,
and duration of such sign shall be approved at the sole discretion
of the Zoning Administrator.
The following signs and/or displays are prohibited in all zoning
districts, unless otherwise specified:
A.
Off-premises
signs. Off-premises signs, including billboards, shall only be allowed
in the B-1 General Commercial District, M-1 Industrial District and
IP Planned Industrial District.
B.
Permanent
pennants and banners. Permanent pennants, banners, festoons, streamers,
and all other fluttering, spinning, or similar-type signs and advertising
devices are prohibited, except for national flags, state/local flags
of a political subdivision, decorative house flags, and flags of a
bona fide civic, charitable, or fraternal organization.
C.
Flashing
signs/animated signs. No flashing signs or signs containing strings
of lights shall be permitted in any district. No such sign shall be
constructed, erected, used, or operated which displays intermittent
lights resembling, or seeming to resemble, the flashing lights customarily
associated with danger or any emergency services vehicles.
D.
No
sign shall be attached to trees, utility poles, public property, improvements
in the public right-of-way, or any unapproved supporting structure,
with such determination made at the sole discretion of the Zoning
Administrator.
E.
Signs
attached to freestanding signs. Separate signs attached to a freestanding
sign or its supporting structure, advertising services including but
not limited to automobile travel clubs and/or credit cards accepted.
Any sign which was erected in accordance with all applicable
regulations in effect at the time of its erection, was lawfully in
existence at the time of the effective date of this article, and which
does not conform to the provisions herein, and any sign which is accessory
to a lawful nonconforming principal use, shall be deemed a lawful
nonconforming sign and may remain, subject to the following:
A.
A nonconforming
sign must be maintained in good repair and condition. If any sign
which is nonconforming is declared unsafe or in poor physical condition
by a County official, then such sign must be removed at the expense
of the owner and replaced by a sign conforming to the current standards
of this article.
B.
Nonconforming
signs may not be enlarged, extended, modified, reconstructed or altered
in any way other than in accordance with this article.
C.
Nonconforming
signs may be repainted or refaced, provided such improvement does
not change or alter the wording, composition, color, or material of
the sign.
D.
A nonconforming
sign which is damaged or destroyed to an extent exceeding 50% of its
appraised value may not be altered, replaced or reinstalled unless
it is in conformance with the current standards of this article. If
the damage or destruction is 50% or less of the appraised value, then
the sign may be restored within 60 days of the damage but may not
be enlarged in any manner.
A sign, including its supporting structure or brackets, shall
be removed by the owner or lessee of the premises upon which the sign
is located when the business it advertises is no longer on the premises.
Such sign, if not removed within 60 days from the termination of occupancy
by such business, shall be considered a violation of this article
and may cause the Zoning Administrator to have such sign removed at
the property owner's expense. This shall not apply to sign listing
within multitenant buildings in which a tenant changes. Allowances
for tenant changes will be made for such signs, without requiring
the sign to be declared abandoned.
Signs pertaining only to the uses conducted on the premises
will be permitted, subject to the following regulations:
A.
One
sign announcing a permitted home occupation, Type II, will be allowed
for each street on which the lot abuts. Each sign shall not exceed
two square feet in area. Such signs shall not be illuminated. Home
occupation, Type I does not permit signage of any type.
B.
Signs
for other permitted uses shall be permitted when such signs do not
exceed an aggregate area of 32 square feet for each use. Such signs
may be illuminated by either backlighting or direct light, provided
no light from any illuminated sign shall cause direct glare onto any
adjoining property or public right-of-way.
C.
One
subdivision identification sign not exceeding 100 square feet may
be erected at each main entrance to the development. The maximum area
of the sign may be on one sign or divided into two signs located on
each side of the subdivision entrance road.
D.
Building-mounted
signs (roof signs) shall face only upon an abutting street or an abutting
parking lot on the same parcel where the sign is located. The aggregate
face area of all signs on any one wall of the building shall not exceed
40 square feet, unless the building wall is longer than 100 linear
feet. Signs on building walls longer than 100 linear feet shall not
exceed one sign equal to one square foot of sign area for every 1/2
linear foot of building frontage, measured corner to corner. Building-mounted
signs (roof signs) shall not project more than 15 inches beyond the
face of the building. Projecting signs or suspended signs mounted
perpendicular to the building may project a maximum of four feet beyond
the face of the building and must allow for a minimum of eight feet
of clearance from the bottom of the sign to the average grade.
E.
Sign
height shall not exceed 10 feet above average grade.
Signs pertaining only to the uses conducted on the premises
will be permitted, subject to the following regulations:
A.
One
sign announcing a permitted home occupation, Type II, will be allowed
for each street on which the lot abuts. Each sign shall not exceed
two square feet in area. Such signs shall not be illuminated. Home
occupation, Type I, does not permit signage of any type.
B.
Building-mounted
signs (roof signs) shall face only upon an abutting street or an abutting
parking lot on the same parcel where the sign is located. The aggregate
face area of all signs on any one wall of the building shall not exceed
40 square feet unless the building wall is longer than 100 linear
feet. Signs on building walls longer than 100 linear feet shall not
exceed one sign equal to one square foot of sign area for every 1/2
linear foot of building frontage, measured corner to corner. Newly
constructed groups of buildings shall have unified and/or coordinated
building-mounted signs. Total aggregate sign area for the unified/coordinated
sign plan shall not exceed one square foot of sign area for every
one linear foot of building frontage, measured corner to corner.
C.
Building-mounted
signs (roof signs) shall not project more than 15 inches beyond the
face of the building. Projecting signs or suspended signs mounted
perpendicular to the building may project a maximum of four feet beyond
the face of the building and must allow for a minimum of eight feet
of clearance from the bottom of the sign to the average grade.
D.
One
freestanding sign structure permanently fixed to the ground may be
erected on each street on which a lot abuts, provided such sign structure
does not extend beyond the lot line, nor shall such signs be located
closer than 75 feet from each other. The aggregate area of the freestanding
sign shall not exceed 100 square feet along Richmond Highway and 24
feet high or 40 square feet and 15 feet high for all other locations.
Sign bases, uprights, poles, or other support located under the sign
shall not count toward the calculation.
E.
When
a group of buildings is coordinated into a business or shopping area
(business park, industrial park, shopping center, mall, etc.), one
freestanding sign structure, permanently fixed to the ground, may
be erected on each street on which the area abuts, provided such sign
structure does not extend beyond the lot line, nor shall such signs
be located closer than 75 feet from each other. Any architectural
or decorative material to support or enhance the sign face may not
exceed 25% of the sign face area. Sign bases, uprights, poles, or
other support located under the sign shall not count toward the calculation.
The aggregate face area shall not exceed 24 square feet for the first
business or tenant. The aggregate face area may be increased in increments
of four square feet for each subsequent business or tenant up to a
maximum aggregate face area of 300 square feet along Richmond Highway
or 160 square feet for all others.
F.
Signs
may be illuminated by either backlighting or direct light, provided
no light from any illuminated sign shall cause direct glare onto any
adjoining property or public right-of-way.
G.
Directional
signs, each not exceeding four square feet in area and four feet in
height, may be displayed as needed to control egress and ingress in
a safe and proper manner.
H.
One
sign with the word "open" (neon or otherwise) shall be permitted per
use, provided the sign does not exceed four square feet. Said sign
shall not count towards the maximum allowable sign area.
Off-premises signs shall be allowed in the following zoning
districts: (B-1) General Business, (M-1) Industrial, and (IP) Planned
Industrial, subject to the following regulations:
A.
No
off-premises sign shall be located within a 500-foot radius of an
existing off-premises sign or an off-premises sign for which a valid
permit has been obtained but which has not yet been erected.
B.
No
off-premises sign shall be located within 300 feet of any residential
zoning district, public square, park, school, library, or religious
assembly property.
C.
No
off-premises sign shall be allowed to be installed on any roof structure.
D.
Side-by-side,
double, and/or multi-decker off-premises signs shall be prohibited.
E.
Any
off-premises sign must have a minimum sign setback of 40 feet from
the center line of any public right-of-way, or 15 feet from the front
property line, whichever is greater. Any off-premises sign shall have
a minimum side and/or rear setback of 15 feet.
F.
The
maximum size of any off-premises sign on a lot shall be 378 square
feet plus 5% for embellishments.
G.
There
shall be only one sign face pointing in each direction. Multiple-tiered
signs shall be prohibited.
H.
Sign
height for off-premises signs shall not exceed 40 feet above average
grade.
I.
All
off-premises signs shall be maintained by the owner of the sign.
J.
No
off-premises sign shall be erected, rebuilt, altered, or relocated
without a building permit and sign permit.
A.
A site
development plan shall be required and shall be submitted for the
following:
(1)
New development in every zoning district, including uses approved
as special exemptions, except for single-family and two-family dwelling
units on individual lots.
(2)
The conversion of any single-family or two-family dwelling units
to any other use, or a higher-intensity residential use, or the conversion
of any building or property to a different category (e.g., commercial
to industrial).
(3)
New public buildings, except for minor utility services.
(4)
Uses involving a structure requiring review by the Planning Commission
under § 15.2-2232, Code of Virginia (1950), as amended.
(5)
Additions or modifications to buildings or uses, except single-family
or two-family dwelling units, resulting in an increase of 1,000 square
feet or greater in area.
(6)
The conversion of any property from fee-simple ownership to a condominium
form of ownership.
(7)
The use or development of any parcel conditionally rezoned, where
any of the conditions accepted and attached to the parcel apply to
the physical arrangement or design of the site.
B.
Site
development plans required by the County shall be prepared by a professional
engineer, architect, or land surveyor who is registered by the Commonwealth
of Virginia and is conducting his/her practice in accordance with
the rules and regulations of the Code of Virginia (1950), as amended.
More-stringent requirements may be established by the Appomattox County
Code or by the Code of Virginia (1950). Developments resulting in
1,000 square feet or less in area shall be exempt from the requirement
of a professional site planner; however, the owner/developer shall
be responsible for submitting a plan that meets all other requirements
of the code.
A.
The
following information shall be required on site development plans
submitted to the County for review:
(1)
Location of the lot or parcel by vicinity map. Site development plans
shall also contain a North arrow, original date, revision date, and
graphical scale.
(2)
Property lines of the parcel proposed for development, including
the distances and bearings of these lines. If only a portion of the
parcel is proposed for development, then a limit of development line
shall also be shown.
(3)
The name and address of the property owner and/or developer of the
site, if different than the owner. The name and address of the person
or firm preparing the plan shall be on the plan.
(4)
The Tax Map identification number for each parcel proposed for development
and depicted on the site development plan.
(5)
The name of adjacent property owners and the owners of any property
on which any utility or drainage easement may be required in conjunction
with the development.
(6)
The current land use and the proposed land use for the site.
(7)
The zoning district designation for the proposed development.
(8)
The names, route numbers and location of any existing or proposed
streets adjacent to or within the site.
(9)
The location, type, and size of site access points such as driveways,
curb openings, and crossovers. Sight distance at these access points
shall be provided.
(10)
Any proffers and/or conditions approved by the Board of Supervisors
in connection with the site development should be placed on the plan.
(11)
Off-street parking areas and parking spaces, including handicapped
spaces, loading spaces, and walkways, including the type of surfacing,
size, angle of stalls, width of aisles, and a specific schedule showing
the number of spaces provided and the number of spaces required by
this article.
(12)
The exact location of buildings or structures existing or proposed
for the site, including their setbacks from property lines, and the
distance between buildings or structures. Lot and building coverage
calculations shall be provided.
(13)
The number of stories in each structure and the floor area and building
height. If more than one land use is proposed in a development, then
the floor area for each land use should be shown.
(14)
For residential developments, the type of dwelling unit shall be
stated along with the number proposed.
(15)
The location of any proposed signs and/or fire lanes.
(16)
The existing and proposed topography of the parcel with a maximum
of two-foot contour intervals.
(17)
A detailed utility plan if public water and/or sewer are proposed
for the site.
(18)
An erosion and sediment control plan and detail sheet shall be submitted
for site developments involving grading that disturbs more than 5,000
square feet of area.
(19)
A detailed stormwater management plan and calculations pursuant to
§ 10.1-603 et seq. shall be submitted if necessary.
(20)
The location and type of any exterior lighting, including height
of poles and type of fixtures.
(21)
The location of the 100-year floodplain and floodway on site and
the relationship to any building or structure on the site.
(22)
The location of any required buffer yards, screening, fencing, and
site landscaping. The type and size of the plant materials and screening
to be used shall be provided.
B.
The
Zoning Administrator may waive the requirement that any of this information
be shown on a submitted plan if, in his opinion, such information
is not necessary to ensure conformance with County ordinances or standards.
At the time of submission of an amendment to this article or
a plan of development, the applicant/developer shall provide traffic
data in order for the locality to perform a ministerial review to
determine the need for a traffic impact analysis. If the locality
determines that a traffic impact analysis is required and the amendment
or plan of development will substantially affect transportation on
state-controlled highways, then the applicant/developer shall submit
a traffic impact analysis to the locality for review and comment by
the Virginia Department of Transportation. Such traffic impact analysis
shall be in compliance with § 15.2-2222.1, Code of Virginia
(1950), as amended.
A.
Site
plans shall be submitted on sheets no greater in size than 30 inches
by 42 inches. A sheet size of 24 inches by 36 inches is preferred.
The scale of the plan shall not be greater than one inch equals 10
feet, or less than one inch equals 50 feet. Plans shall be designed
using an engineering scale. A lesser scale may be acceptable upon
the approval of the Zoning Administrator so long as it provides detail
enough to determine compliance with all applicable County ordinances
or standards.
B.
If
more than one sheet is used to supply the information required by
this article then the sheets shall be numbered, and match lines shall
be provided, when appropriate, to clearly indicate where the plans
join.
A.
The
Zoning Administrator shall have the administrative authority to establish
County procedures for site development plan review and approval. No
procedure so established shall set a lesser standard than is legislated
in this article.
B.
The
Zoning Administrator shall coordinate the County review of any site
development plan submitted in accordance with County administrative
procedures and shall have the authority to request opinions or decisions
from other County departments, agencies, authorities of the Commonwealth
of Virginia, or from other persons as may from time to time be consulted.
C.
A minimum
of three sets of site development plans shall be submitted for review.
A review fee shall be required for any site development plan submitted.
The Zoning Administrator shall establish procedures for the collection
of these fees.
D.
The
County shall review and approve or disapprove any site development
plan submitted for its review within 45 days of receipt. If an unapproved
plan is returned to the applicant or other agent of the property owner
due to lack of required information on the plan, or because the design
or standards proposed on the plan do not meet provisions of this article
or other applicable County standards, the forty-five-day time period
shall begin again with the resubmittal of the plan to the County.
E.
Comments
offered by the Zoning Administrator or his/her agent on a proposed
site development plan shall remain in effect for a period of six months
from the date of issuance. After this period, the comments and the
site development plan shall become void unless substantial progress
has been made by the developer to address the comments. Substantial
progress is determined at the sole discretion of the Zoning Administrator.
F.
Approval
of a site development plan pursuant to the provisions of this article
shall expire five years from the date of approval in accordance with
§ 15.2-2258 of the Code of Virginia (1950), as amended,
unless building and/or zoning permits have been obtained for the development.
G.
No
building or zoning permit shall be issued by any County official for
any building, structure, or uses depicted on a required site development
plan, until such time as the plan is approved by the County.
H.
No
change, revision, or erasure shall be made on any pending or approved
site development plan or on any accompanying data sheet where approval
has been endorsed on the plan or sheets, unless authorization for
such changes is granted in writing by the Zoning Administrator.
I.
Any
improvement required by this article, or any other ordinance in Appomattox
County, shall be installed at the cost of the developer unless other
agreements have been reached between the developer, the County, and
any other governmental agency, including but not limited to the Virginia
Department of Transportation.
J.
Prior
to approval of the site development plan, the applicant shall execute
an agreement to construct required or proposed improvements within
public rights-of-way or easements or any such improvement connected
to any public facility. The applicant shall also file a performance
guarantee with surety acceptable to the County in the amount of the
estimated cost of the improvements plus 20% contingency, as determined
by the Zoning Administrator. The owner's performance guarantee shall
not be released until the construction has been inspected and accepted
by the County and the Virginia Department of Transportation, as applicable.
These regulations are intended to provide off-street parking,
stacking, and loading facilities in proportion to the need created
by each use. These regulations are intended to provide for accommodation
of vehicles in a functionally and aesthetically satisfactory manner
and to minimize external effects on adjacent land uses.
A.
In
the, R-1, R-2 and R-3 Zoning Districts:
(1)
Except for vehicles parked within multifamily developments, all recreational
vehicles, boats, and utility trailers shall be parked behind the front
building line unless space is provided in a completely enclosed garage
or other building. Within multifamily developments, recreational vehicles,
boats, and utility trailers may be parked outside, provided they are
screened from the public right-of-way.
(2)
No truck or commercial vehicle with, or designed to have, more than
two rear wheels shall be allowed to be parked overnight in front of
the front building line of the principal structure, except while loading
or unloading on such premises. No construction machinery shall be
parked overnight unless the machinery is incidental to improving the
premises or unless it is parked in an area behind the principal structure
and not visible from the public right-of-way. These provisions shall
not apply to pick-up-body-type trucks or to vehicles essential for
an agricultural use associated with the premises.
B.
No
recreational vehicle shall be used for living or business purposes
or connected to utility services except for maintenance purpose or
as otherwise provided in this article. Continuous use for living or
business purposes for 10 or more days shall be considered a violation
of this article, when not being utilized in a bona fide campground
or like facility.
C.
All
required off-street parking spaces shall be located on the same lot
as the structure or use, except under the following conditions:
(1)
All required parking spaces are on a contiguous lot under the same
ownership or in a permanent parking easement on adjacent property.
(2)
Such required spaces are within 500 feet walking distance of a building
entrance or use and such spaces do not require pedestrians to cross
a minor arterial or greater highway.
(3)
Contiguous lots providing off-street parking for more than one use
shall provide sufficient space to comply with the parking requirements
for all uses.
D.
Off-street
parking shall be provided for any new building constructed, for new
uses or conversions of existing conforming buildings, or for enlargements
of existing structures.
A.
The
number of nonresidential parking spaces reserved for the disabled
shall comply with the following table as well as with the Virginia
Uniform Statewide Building Code, as amended.
|
Total Off-Street Parking Required
|
Number of Spaces Required for Disabled
|
|---|---|
|
1 to 25 spaces
|
1
|
|
26 to 50 spaces
|
2
|
|
51 to 75 spaces
|
3
|
|
76 to 100 spaces
|
4
|
|
101 to 150 spaces
|
5
|
|
151 to 200 spaces
|
6
|
|
201 or more spaces
|
8
|
B.
All
spaces for disabled parking shall have a minimum dimension of 13 feet
by 20 feet.
C.
Spaces
for disabled shall be the closest to a building entrance for which
they are intended and shall be connected thereto by a paved surface
with no less than five feet of unobstructed width. At no point shall
the gradient exceed a one-foot rise or fall in 20 feet, except in
the case of ramps, which shall comply with the Virginia Uniform Statewide
Building Code, as amended.
D.
Spaces
shall be clearly marked with both pavement marking and aboveground
signage.
A.
Off-street
parking spaces that are located on the ground and open to the sky
may be located in any required yard unless otherwise required for
screening, buffering, landscaping, or other County code.
B.
Parking
structures and carports shall be subject to the minimum yard setback
requirements applicable in the zoning district in which the structure
is located.
C.
Carports
open on all four sides and not permanently affixed to the ground shall
not be subject to zoning review or approval; however, they shall be
subject to the minimum yard setback requirements applicable in the
zoning district in which the structure is located.
A.
All
off-street parking spaces shall provide safe and convenient access
to a street. If such spaces are contiguous to a public street, then
the street side of such space shall be curbed.
B.
Aisles
between rows of parking spaces shall comply with the geometric design
standards in the latest publication of parking guidelines issued by
the Institute of Transportation Engineers (ITE).
C.
All
off-street parking and stacking areas, including aisles and driveways,
shall be at a minimum graveled and maintained accordingly. It is the
strong preference of the County to have all off-street parking, stacking
and loading areas for any nonresidential use to be constructed and
maintained to a surface meeting the standards of the Virginia Department
of Transportation's Secondary Street Acceptance Requirements (SSAR).
A.
Each
off-street parking space shall be a minimum of 200 square feet (10
feet by 20 feet).
B.
Where
parking spaces lie adjacent to landscaped areas, the paved depth of
all stalls may be decreased by two feet to provide for a vehicle overhang
area, thus reducing the minimum parking space area to 180 square feet
(10 feet by 18 feet). The vehicle overhang area may not encroach into
any sidewalk area.
C.
Compact-vehicle
parking will be permitted according to the following regulations:
(1)
Compact-vehicle spaces shall be located in groups of five or more
contiguous spaces and shall have an appropriate marking identifying
them as such.
(2)
Dimensions for compact-vehicle spaces shall be a minimum of 162 square
feet (nine feet by 18 feet).
(3)
If the total parking requirement is 100 spaces or less, then 20%
of the spaces may be designated for compact vehicle use.
A.
When
a building includes a combination of uses as set forth in this section,
then the required number of parking spaces will be the sum of the
required parking for each use or reasonably weighted to reflect the
combined usage.
B.
Where
the parking requirement for a particular use is not defined in this
section, and where no similar use is listed, the Zoning Administrator
shall determine the number of spaces to be provided based on requirements
for similar uses, location, anticipated demand, and traffic generated
by the proposed use.
C.
All
references to "square feet" in the parking requirements shall mean
the square feet of the gross floor area, unless otherwise specified.
D.
All
references to "maximum occupancy" shall mean the maximum occupancy
as determined by the Virginia Uniform Statewide Building Code.
E.
Where
a fractional space results during calculation of the required parking,
the required number of parking spaces shall be rounded to the next-highest
whole number.
|
Zoning Classification/Use Type
|
Number of Parking Spaces Required
|
|---|---|
|
Agricultural Use Types
|
|
|
Agriculture
|
No requirement
|
|
Commercial feedlots
|
No requirement
|
|
Farm employee housing
|
1 space per dwelling unit
|
|
Forestry operations
|
No requirement
|
|
Stable, commercial
|
1 space per employee on major shift, plus 1 space per every
4 animal stables
|
|
Stable, private
|
No requirement
|
|
Wayside stand
|
1 space per 100 square feet; minimum of 3 spaces
|
|
Residential Use Types
|
|
|
Accessory apartment
|
1 space per bedroom
|
|
Home beauty/barber salon
|
2 spaces
|
|
Home occupation
|
No requirement
|
|
Kennel, private
|
No requirement
|
|
Manufactured home
|
2 spaces per dwelling unit
|
|
Manufactured home park
|
2 spaces per dwelling unit, plus 1 space for employee parking
|
|
Multifamily dwelling
|
|
|
1-bedroom units
|
1.5 spaces per dwelling unit
|
|
2-or-more-bedroom units
|
2.5 spaces per dwelling unit
|
|
Elderly housing units
|
1 space per dwelling unit, plus 1 space per employee on major
shift
|
|
Residential human care facility
|
2 spaces
|
|
Single-family dwelling
|
2 spaces per dwelling unit
|
|
Townhouse
|
|
|
1-bedroom units
|
1.5 spaces per dwelling unit
|
|
2-or-more-bedroom units
|
2.5 spaces per dwelling unit
|
|
2-family dwelling
|
2 spaces per dwelling unit
|
|
Civic Use Types
|
|
|
Administrative services
|
3 spaces per 1,000 square feet
|
|
Camps
|
1 space per employee on major shift
|
|
Cemetery
|
See Schedule B
|
|
Civic club
|
1 space per 3 persons of maximum occupancy
|
|
Community recreation
|
See Schedule B
|
|
Correctional facility
|
See Schedule B
|
|
Crisis center
|
1 space per 2 persons of residential capacity
|
|
Cultural services
|
1 space per 30 square feet of display area
|
|
Day-care center
|
1 space per 20 students, plus 1 space per employee on major
shift
|
|
Educational facilities, college/university
|
See Schedule B
|
|
Educational facilities, primary/secondary
|
See Schedule B, but no less than 1 space per every 4 students
in 10th, 11th, and 12th grades, plus 1 space per employee on major
shift
|
|
Family day-care home
|
1 space per employee on major shift
|
|
Guidance services
|
1 space per 250 square feet.
|
|
Halfway house
|
1 space per 2 persons of residential capacity
|
|
Home for adults
|
1 space per 3 residents, plus 1 space per employee on major
shift
|
|
Life care facility/nursing home
|
1 space per 3 residents, plus 1 space per employee on major
shift
|
|
Park-and-ride facility
|
No requirement
|
|
Post office
|
See Schedule A
|
|
Public assembly
|
1 space per 4 seats
|
|
Public maintenance and service facility
|
See Schedule B
|
|
Public parks and recreational areas
|
See Schedule B
|
|
Religious assembly
|
1 space per 4 seats in principal place of worship
|
|
Safety services, public/private
|
3 spaces per vehicle bay
|
|
Utility services, minor/major
|
See Schedule B
|
|
Office Use Types
|
|
|
Financial institutions
|
3.5 spaces per 1,000 square feet, plus stacking spaces
|
|
General office
|
3.5 spaces per 1,000 square feet
|
|
Laboratories
|
1 space per 1.5 employees on major shift
|
|
Medical office
|
1 space per 200 square feet
|
|
Commercial Use Types
|
|
|
Adult entertainment
|
1 space per 200 square feet
|
|
Agricultural services
|
See Schedule A
|
|
Antique shops
|
1 space per 400 square feet
|
|
Automobile dealership, new
|
See Schedule A
|
|
Automobile dealership, used
|
See Schedule A
|
|
Automobile repair services, major
|
2 spaces per service bay, plus 1 space per employee on major
shift
|
|
Automobile repair services, minor
|
1 space per service bay, plus 1 space per employee on major
shift
|
|
Bed-and-breakfast
|
1 space per guest accommodation
|
|
Boardinghouse
|
1 space per guest accommodation
|
|
Business or trade school
|
1 space per every 4 students
|
|
Business support services
|
1 space per 200 square feet
|
|
Campground
|
1 space per campsite
|
|
Car wash
|
1 space per employee on major shift, plus stacking spaces
|
|
Clinic
|
3 spaces per examination room, plus 1 space per employee on
major shift
|
|
Club, hunt
|
See Schedule B
|
|
Club, private
|
See Schedule B
|
|
Commercial indoor amusement
|
1 space per 3 persons of maximum occupancy
|
|
Commercial indoor entertainment
|
1 space per 4 seats, plus 1 space per employee on major shift
|
|
Commercial indoor sports and recreation
|
1 space per 200 square feet
|
|
Commercial outdoor entertainment
|
1 space per 4 persons of maximum occupancy, plus 1 space per
employee on major shift
|
|
Commercial outdoor sports and recreation
|
1 space per 3 persons of maximum occupancy, plus 1 space per
employee on major shift
|
|
Communications services
|
1 space per 30 square feet
|
|
Construction sales and services
|
See Schedule A
|
|
Consumer repair services
|
1 space per 30 square feet
|
|
Convenience store
|
1 space per 200 square feet
|
|
Dance hall
|
1 space per 3 persons of maximum occupancy
|
|
Equipment sales and rental
|
See Schedule A
|
|
Flea market
|
1 space per 400 square feet
|
|
Funeral services
|
1 space per 4 seats in main chapel, plus 1 space per employee
on major shift
|
|
Garden center
|
See Schedule A
|
|
Gasoline station
|
1 space per employee, plus stacking spaces
|
|
Golf course
|
50 spaces per 9 holes
|
|
Hospital
|
1 space per 2 beds, plus 1 space per employee on major shift
|
|
Hotel/motel/motor lodge
|
1 space per guest accommodations, plus Schedule B if accompanied
by meeting facilities
|
|
Kennel, commercial
|
1 space per 500 square feet
|
|
Landscaping and lawn care services
|
See Schedule B
|
|
Laundry
|
1 space per 30 square feet
|
|
Manufactured home sales
|
See Schedule B
|
|
Mini-warehouse
|
1 space for live-in manager, plus 2 spaces per 100 units
|
|
Pawn shop
|
1 space per 30 square feet
|
|
Personal improvement services
|
1 space per 30 square feet
|
|
Personal services
|
1 space per 30 square feet
|
|
Recreational vehicle sales and service
|
See Schedule A
|
|
Restaurant, drive-in/fast-food
|
1 space per 4 seats, plus 1 space per employee on major shift,
plus stacking spaces
|
|
Restaurant, general
|
1 space per 4 seats, plus 1 space per employee on major shift
|
|
Retail sales
|
|
|
Shopping center
|
4.5 spaces per 1,000 square feet
|
|
Furniture, carpet, appliances
|
1 space per 500 square feet
|
|
All others
|
1 space per 200 square feet
|
|
Studio, fine arts
|
See Schedule B
|
|
Surplus sales
|
1 space per 200 square feet
|
|
Truck stop
|
See Schedule B
|
|
Veterinary hospital/clinic
|
1 space per 30 square feet
|
|
Industrial Use Types
|
|
|
Asphalt plant
|
See Schedule B
|
|
Composting
|
See Schedule B
|
|
Construction/contractor yard
|
See Schedule A
|
|
Custom manufacturing
|
See Schedule A
|
|
Fish hatchery
|
See Schedule B
|
|
Industry, Type 1
|
See Schedule B
|
|
Industry, Type 2
|
See Schedule B
|
|
Industry, Type 3
|
See Schedule B
|
|
Landfill, sanitary
|
1 space per employee on major shift
|
|
Meat packing plant
|
1 space per employee on major shift
|
|
Railroad facilities
|
See Schedule B
|
|
Recycling center
|
See Schedule B
|
|
Resource extraction
|
1 space per employee on major shift
|
|
Scrap and salvage yard
|
1 space per employee on major shift
|
|
Transportation terminal
|
See Schedule B
|
|
Truck terminal
|
See Schedule B
|
|
Warehouse and distribution
|
See Schedule A
|
|
Miscellaneous Use Types
|
|
|
Amateur radio tower
|
No requirement
|
|
Aviation facility, public/private
|
See Schedule B
|
|
Outdoor gatherings
|
1 space per 4 seats
|
|
Parking facility
|
No requirement
|
|
Shooting range, indoor/outdoor
|
See Schedule B
|
|
Winery
|
See Schedule A
|
|
Wireless communications facility
|
No requirement
|
A.
Schedule
A. The schedule sets forth minimum parking requirements for uses with
elements having different functions or operating characteristics and
different impacts on the surrounding area.
|
Element or Function
|
Number of Required Parking Spaces
|
|---|---|
|
Equipment servicing
|
1 space per 500 square feet
|
|
General manufacturing
|
1 space per 1,000 square feet
|
|
Indoor sales, display or activity
|
1 space per 500 square feet
|
|
Indoor storage or warehousing
|
1 space per 2,000 square feet
|
|
Motor vehicle service bays
|
2 spaces per service bay
|
|
Office or administrative
|
1 space per 30 square feet
|
|
Outdoor sales, display or activity
|
1 space per 1,000 square feet
|
|
Outdoor storage or warehousing
|
1 space per 5,000 square feet
|
B.
Schedule
B. Specific requirements shall be determined by the Zoning Administrator
based on requirements for similar uses, location, anticipated demand
and traffic generated by the proposed use, and appropriate traffic
engineering and planning criteria deemed necessary. The developer/owner
shall provide any information required for the Zoning Administrator
to make such determination.
A.
Stacking
spaces shall be provided for any use having a drive-through facility
or areas having dropoff and pickup areas. The following general standards
apply to all stacking spaces and drive-through facilities:
(1)
Stacking spaces and lanes for drive-through facilities shall not
impede on-and off-site traffic movement, shall not cross or pass through
off-street parking areas, and shall not create a potentially unsafe
condition for pedestrian traffic.
(2)
Drive-through lanes shall be separated from off-street parking areas.
Individual lanes shall be striped, marked, or otherwise distinguished.
(4)
All drive-through facilities shall be provided with a bypass lane
with a minimum width of 10 feet.
(5)
Each stacking space shall be a minimum of 10 feet by 20 feet.
B.
Stacking
spaces shall be provided as follows:
|
Use/Type
|
Number of Spaces
|
|---|---|
|
Car wash
|
4 spaces per bay/stall
|
|
Fast-food or drive-in restaurant
|
6 spaces per window, measured from the order board or station
|
|
Financial institution with drive-through window
|
8 spaces for first window, plus 2 spaces for each additional
window
|
|
All other uses
|
3 spaces per window
|
A.
All
off-street loading spaces shall be located on the same lot as the
structure or use.
B.
No
loading space or berth shall be located within 40 feet of the nearest
point of intersection of the edge of the adjoining travelway or the
ultimate right-of-way of an adjoining street.
C.
No
loading space or berth shall be located within the front yard setback.
D.
No
loading space or berth shall be used to meet the space requirements
for off-street parking, and no loading space shall interfere with
the free circulation within the off-street parking area.
E.
Where
loading requirements for a particular use are not defined in this
section, and where no similar use is listed, the Zoning Administrator
shall determine the number of spaces to be provided based on requirements
for similar uses, location, expected demand and appropriate traffic
engineering and planning criteria and information.
F.
All
references to "square feet" (sq. ft.) in the off-street loading requirements
below shall mean the square feet of the gross floor area, unless specifically
stated otherwise.
|
Use
|
Number of Required Loading Spaces
|
|---|---|
|
General office, medical office, financial institution
|
|
|
Up to 40,000 square feet
|
1 space
|
|
40,001 square feet and over
|
2 spaces
|
|
Hotel/motel/motor lodge, hospital, nursing homes, all other
commercial, recreational, and educational facilities
|
|
|
Up to 50,000 square feet
|
1 space
|
|
50,001 square feet and over
|
2 spaces
|
|
Industrial, warehouse/distribution
|
|
|
Up to 40,000 square feet
|
1 space
|
|
40,001 to 100,000 square feet
|
2 spaces
|
|
100,001 to 160,000 square feet
|
3 spaces
|
|
160,001 square feet and over
|
4 spaces
|
|
Retail sales, personal services, new/used automobile dealerships,
restaurants
|
|
|
Up to 15,000 square feet
|
1 space
|
|
15,001 to 50,000 square feet
|
2 spaces
|
|
50,001 to 200,000 square feet
|
3 spaces
|
|
200,001 square feet and over
|
4 spaces
|
A.
In
order to avoid excessive surpluses, environmental impacts, and development
costs, parking shall not exceed the minimum requirement by more than
25%.
B.
Parking
which exceeds the minimum requirement shall be required to comply
with the following standards:
(1)
Increase in quantity from 1% to 10%:
(a)
Interior landscaping in parking areas shall be increased by 5%.
(b)
All sides of the parking area shall have a planting strip along them.
The planting strip shall be a minimum width of four feet and shall
contain one large deciduous or large evergreen tree every 30 feet,
and small shrubbery interspersed throughout the planting strip.
(2)
Increase in quantity from 11% to 25%:
(a)
Interior landscaping in parking areas shall be increased by 10%.
(b)
All sides of the parking area shall have a planting strip along them.
The planting strip shall be a minimum width of six feet and contain
one large deciduous or large evergreen tree every 15 feet, and small
shrubbery interspersed throughout the planting strip.
C.
In
the event the developer feels that more parking is necessary, the
Zoning Administrator may allow, on a case-by-case basis, parking above
25%. The request must be in writing from the developer and must justify
the request by utilizing some acceptable industry publication (i.e.,
Institute of Transportation Engineers, Urban Land Institute, American
Planning Association, etc.) or a study prepared by a traffic engineering
firm.
It is the intent of this § 19.6-91 to promote the
public necessity, convenience, general welfare, and good zoning practice
by incorporating landscaping, screening, and buffering requirements
into the site development plan process. The goals are to provide landscaping
requirements that will ensure development consistent with the goals
of the Community Development Plan, reduce soil erosion, increase infiltration
in permeable land areas to improve stormwater management, mitigate
air, dust, noise, and chemical pollution, protect property values,
and provide buffers between incompatible uses. It is further the intent
of this § 19.6-91 to preserve the existing natural vegetation
as an integral part of the County and to ensure that the County continues
to be an attractive place to live, work, and visit.
A.
The
provisions of this § 19.6-91 are applicable to the development
or redevelopment of any property after the effective date of this
article and located in an A-1, R-1, R-2, R-3, B-1, V-1, M-1, or IP
District or to any use requiring conditional use permit approval.
B.
When
an existing use is expanded, enlarged, or redeveloped, only those
portions of the property subject to the expansion, enlargement, or
redevelopment are subject to the provisions of this section of this
article.
C.
It
is not the intent of this article to regulate landscaping for single-family
dwellings or two-family dwellings.
A.
Landscaping
within a sight distance triangle shall not include any evergreen trees,
and shall not include shrubs exceeding three feet in height above
the ground at maturity. Tree limbs in a sight distance triangle shall
be raised to ensure visibility for motor vehicle safety.
B.
When
a calculation of the number of required trees and/or shrubs results
in a fractional amount, the fraction shall be rounded up to the next
whole number.
C.
Existing
vegetation within the development area is encouraged to be retained
and may be used to meet all or part of the landscaping requirements.
No tree or shrub less than three calipers shall be counted when utilizing
existing vegetation.
D.
All
landscaped areas shall be covered with an appropriate ground cover,
mulch, or decorative landscape stone. The use of gravel and/or riprap
is discouraged.
E.
All
slopes shall be covered with an appropriate ground cover. The use
of riprap as ground cover on slopes visible from the public right-of-way
is discouraged.
F.
All
trees and/or shrubs used to satisfy this article shall be of native
origin. No tree, shrub or ground cover contained on the Invasive Alien
Plant Species of Virginia list as maintained by the Virginia Department
of Conservation and Recreation (DCR) may be used to satisfy the requirements
of this article.
A.
A landscaping
plan shall be required of all new development or redevelopment of
property within the County for commercial or industrial purposes.
Multifamily residential dwelling developments shall be considered
commercial for the purposes of this article.
B.
A landscaping
plan shall contain the following information:
(1)
The location, size, height of planting, and botanical name of all
required landscaping.
(2)
The location, size, and botanical name of any existing vegetation
proposed to be used to satisfy any portion of this article.
(3)
The dimensions of all landscaped areas and islands.
(4)
A planting schedule, including any fertilizer or soil amendment to
be used.
(5)
A general statement regarding the perpetual maintenance of the landscaping.
A.
All
parking rows and parking bays shall be capped with a landscaped island.
B.
Parking
areas with fewer than 100 parking spaces shall have one large evergreen
or deciduous tree for every 10 parking spaces. Trees shall be reasonably
placed throughout the parking area.
C.
Parking
areas with fewer than 100 parking spaces shall have one medium shrub
for every five parking spaces. Shrubs shall be reasonably placed throughout
the parking area.
D.
Parking
areas greater than 100 parking spaces shall have one large evergreen
or deciduous tree for every seven parking spaces. Trees shall be reasonably
placed throughout the parking area.
E.
Parking
areas greater than 100 parking spaces shall have one medium shrub
for every one parking space. Shrubs shall be reasonably placed throughout
the parking area.
F.
Landscape
designs are encouraged to be creative in placement and types of plantings.
G.
Where
the primary use of a parking area is for the sale of motor vehicles,
recreational vehicles, trailers, boats, tractors, or mobile homes,
the required parking area landscaping and parking area screening may
be disbursed in a reasonable manner so as not to interfere with display
and maintenance.
H.
Expansion
of existing parking areas shall comply with the requirements of this
article if the expansion involves the addition of an area equivalent
to 10 or more parking spaces and the overall parking area has the
equivalent of 25 or more spaces. The landscaping requirements shall
be calculated on the basis of the new parking area only but may be
implemented over the entirety of the parking area.
A.
All
sides of multifamily, commercial, or industrial buildings which are
visible from the public right-of-way or visible from an adjacent residential
use type shall be landscaped with foundation plantings as follows:
B.
Plantings
are encouraged to be placed in creative groupings along the perimeter
of the building;
C.
The
Zoning Administrator may issue a variance to this requirement upon
written request of the developer. Variances shall be granted based
on unfavorable topography or other physical impairments of the parcel.
A.
Loading
areas, refuse areas, storage yards, stormwater management facilities,
HVAC equipment, water vaults, or other objectionable items shall be
screened from view of any public right-of-way or any adjacent residential
use type.
B.
Stormwater
management facilities intended to be displayed as a water feature
or naturalized planting areas are exempt from screening requirements.
C.
Screening
may be accomplished by a combination of existing evergreen vegetation,
walls, fences, earthen berms and new evergreen vegetation appropriate
to screen the equipment or activity. The required height of screening
at installation shall be sufficient to screen the equipment or activity.
D.
The
use of chain-link fence as the sole method of screening is prohibited.
A.
In
all instances where a commercial use type, industrial use type, multifamily
dwelling use type, or parking area is located adjacent to any residential
use type, a vegetative evergreen buffer shall be established on the
property for which said buffer is required.
B.
Where
required, the buffer area shall be a minimum of 20 feet in width extending
along the entire length of the development area and shall generally
be required along the property line unless topographic or other considerations
would make it more effective located back from the property line.
C.
The
vegetative buffer shall consist of a staggered row of evergreen trees.
Shrubs may be used as supplemental filler if necessary. The evergreen
tree material shall be a minimum of four feet in height at the time
of planting. The evergreen tree line shall be planted in rows 15 feet
apart and staggered 10 feet on center. An earthen berm may be used
a well. The earthen berm shall vary in height and width and shall
be curvilinear in form and provide a gentle tie-in with the existing
grade. On average, the height of the earthen berm should be three
feet in height.
D.
Existing
vegetation may be used to satisfy this requirement. Supplemental evergreen
material may be needed to meet the buffering requirements. The need
for additional evergreen material shall be at the discretion of the
Zoning Administrator.
E.
No
proposed building, building addition, structure, parking area or other
physical land improvement shall be located in the buffer area.
A.
The
planting of trees and shrubbery shall be installed in accordance with
the standard landscaping specifications of the Virginia Society of
Landscape Designers and/or the Virginia Chapter of the American Society
of Landscape Architects.
B.
Landscaping
required by this article shall be planted during an opportune planting
season and shall be in place and in good condition prior to occupancy,
or the owner/developer may provide a guarantee in a form acceptable
to the County that ensures installation. Said guarantee shall be equal
to the cost of the installation remaining to be installed. A bona
fide cost estimate on company letterhead issued by a recognized landscaping
firm or nursery shall be provided along with the guarantee as verification
of the guarantee amount.
C.
All
landscaping included in the guarantee shall be installed, inspected,
and approved within six months of acceptance of the guarantee.
D.
Required
vegetation shall have the following minimum measurements at the time
of planting:
|
Type
|
Minimum Measurement
|
|---|---|
|
Large evergreen trees
|
5 feet tall at time of planting
|
|
Medium evergreen trees
|
3 feet tall at time of planting
|
|
Small evergreen trees
|
1 foot tall at time of planting
|
|
Large deciduous trees
|
2-inch caliper at time of planting
|
|
Small/medium deciduous trees
|
1-inch caliper at time of planting
|
|
Large shrubs
|
3-gallon plant
|
|
Small shrubs
|
1-gallon plant
|
E.
During
times of severe drought or water emergency, the owner/developer may
request, in writing, an extension of the time period allowed for planting
any required landscaping. The Zoning Administrator may permit the
delayed installation at his/her discretion. Upon declaration of the
end of said drought or water emergency, the owner/developer shall
be required to install the required landscaping within six months.
Required landscaping shall remain alive and in good condition
in perpetuity. The property owner shall be responsible for the ongoing
protection and maintenance of all required landscaping in a manner
consistent with the approved site development plan.
The Zoning Administrator, with the concurrence of the Planning
Commission, may approve an alternative layout to the required landscaping,
provided that the spirit and intent of this article is preserved and
the goals of this section are assured.
In order to accommodate the communications needs of residents
and businesses while protecting the public health, safety, and general
welfare of the community, these provisions are necessary in order
to:
A.
Facilitate
the provision of wireless communications services to County residents
and businesses, as well as to those traveling through the County;
B.
Minimize
adverse visual effects of towers through careful design and siting
standards;
C.
Preserve
the unique historical resources of Appomattox County;
D.
Avoid
potential damage to adjacent properties from tower failures through
structural standards and setback requirements;
E.
Maximize
the use of existing towers and buildings to accommodate new wireless
communications facilities in order to reduce the number of towers
needed to serve the community and to encourage co-location; and
F.
Encourage
the location of towers in more-populated areas and minimize the total
number of towers throughout the County.
All applications for both permitted and conditional uses under
this section must include the following information. Failure to provide
all or part of this information may result in the denial of the permit
application.
A.
Towers:
(1)
Site plan: A detailed site plan must be submitted showing structural
design, setback distances from property lines, and proposed equipment
buildings.
(2)
Service provider report: a listing of service provider(s) that have
contracted with the tower owner to utilize the proposed tower, including
dates of lease execution and expiration, including copies of the front
and back pages of the lease for each service provider. This is to
ensure that the applicant is not constructing a tower to "attract"
potential lessees.
(3)
Proof of infeasibility of co-location: written evidence demonstrating
that the applicant's telecommunications equipment cannot be accommodated
on an existing or approved tower or other structure within a one-mile
search radius (one-half mile search radius for towers under 120 feet
in height, one-fourth mile search radius for towers under 80 feet
in height) of the proposed tower due to one or more of the following
reasons:
(a)
The planned equipment would exceed the structural capacity of the
existing tower or other structure and the existing tower or other
structure cannot be reinforced, modified or replaced. This information
must be prepared by a licensed professional engineer.
(b)
The applicant's proposed telecommunication facility would cause electromagnetic
interference with other equipment on the existing tower, or other
structures would cause interference with the applicant's proposed
telecommunications facility. Documentation must show that the interference
cannot be prevented at a reasonable cost. This information must be
prepared by a licensed professional engineer.
(c)
Existing towers within the search radius are not of sufficient height
to function reasonably. This information must be prepared by a licensed
professional engineer.
(d)
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding any
new tower construction over the term of the formal lease period are
presumed to be unreasonable.
(e)
Tower site inventory report. An inventory of existing sites within
the County or within five miles of the border thereof must be submitted,
including specific information about location, height, existing use,
and available capacity of each tower (propagation map).
B.
Co-location:
All co-locations must provide a site plan showing structural design
of the equipment to be located on an existing tower or structure,
including any additions to the total height of the tower or structure.
The site plan must also show any equipment to be installed at the
base of the tower or structure and the setback distances from the
property lines.
C.
Additional
requirements for all applications:
A.
Co-locations
in the following zoning districts: A-1, M-1, and IP, provided that
the height of the existing structure is not increased more than 20
feet of its original permitted height.
[Amended 7-6-2015]
B.
New-construction
towers that do not exceed 50 feet that are proposed for siting in
all districts except for H-1 and the Floodplain Overlay (FPO) District.
C.
New-construction
towers that do not exceed 199 feet in height that are proposed for
siting in M-1 and IP Zoning Districts, provided the site does not
border a lot zoned H-1, R-1, R-2, R-3 or V-1. New-construction towers
are allowed in B-1 Zoning Districts regardless of height.
[Amended 7-6-2015]
D.
If,
in the Zoning Administrator's opinion, an application for permitted
use may have an adverse impact on surrounding properties, whether
adjacent to the applicant's parcel or not, the Zoning Administrator
may require the applicant to obtain a conditional use permit. Adverse
impact may include, but is not limited to, proximity to nearby homes
and businesses or areas of historical interest.
[Amended 7-6-2015]
A.
New-construction
towers that do not exceed 199 feet in height that are proposed for
siting in an A-1, M-1, or IP Zoning District bordering an H-1, R-1,
R-2, R-3 or V-1 District.
B.
New-construction
towers that exceed 199 feet in height that are proposed for siting
in an A-1, M-1, or IP Zoning District.
A.
Factors
for review. In determining whether to issue a conditional use permit
under this section, the Board of Supervisors shall consider the following
factors:
(1)
Height of the proposed tower;
(2)
Proximity of the tower to residential structures and residential
district boundaries;
(3)
Nature of the uses on adjacent and nearby properties;
(4)
Surrounding topography;
(5)
Surrounding tree coverage and foliage;
(6)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
(7)
Proposed ingress and egress;
(8)
Co-location policy;
(9)
Language of the lease agreement dealing with co-location;
(10)
Consistency with the Comprehensive Plan and the purposes to be served
by zoning;
(11)
Availability of suitable existing towers and other structures;
(12)
Need for tower because of gaps in wireless service to the proposed
coverage area.
B.
All
applicants for a conditional use shall comply with the standards set
herein for the submittal of a conditional use permit applicant. Additionally,
all applicants for a conditional use permit shall address the factors
for review noted above.
C.
"Stealth
design" option. The "stealth design" option conditional use process
allows an applicant to site a new construction tower in the H-1, R-1,
R-2, R-3 and V-1 Districts upon the filing and approval of a site
plan that incorporates stealth design elements. Applicants who choose
this option must also comply with the submission requirements outlined
herein. A tower proposal will fall within the stealth design option
if it meets the following:
(1)
The tower is disguised to fit in aesthetically with its surroundings
and to conceal its presence.
(a)
This includes but is not limited to the following:
[1]
Designed as a tree to be placed among similar-looking trees;
[2]
Designed as a functional flagpole, light pole, or utility pole
for placement at a commercial or industrial facility, public building,
or within an existing utility easement;
[3]
Designed as a new or concealed within an existing bell tower,
church steeple or clock tower.
(b)
The above designs and any alternative designs offered by the applicant
are subject to the review and approval of the Planning Commission.
(2)
All utility buildings and structures accessory to a tower are architecturally
designed to blend in with the surrounding environment.
(3)
Landscaping requirements.
(a)
Tower sites shall be landscaped with a buffer of plant materials
that effectively screens the view of the tower site from adjacent
properties.
(b)
The standard buffer shall consist of a landscaped strip at least
four feet wide outside the perimeter of the security fencing. The
Zoning Administrator or Planning Commission shall provide guidelines
as to the height and type of buffer to be constructed or planted and
may require additional buffers in situations where the standard buffer
would be inadequate.
(c)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived altogether.
(d)
Existing mature tree growth and natural landforms on the site shall
be preserved to the maximum extent possible.
D.
Preapplication
meeting. Prior to submitting an application for a conditional use
permit for a tower or co-location, the applicant shall meet with the
County Planner or designee to discuss the proposed location of the
tower, the location of all existing and planned towers which the applicant
owns, operates, or co-locates on within the County, the feasibility
of co-locating (in the case of new tower applications), and other
project elements. Failure to schedule and attend a preapplication
meeting shall preclude the acceptance and processing of a conditional
use permit application.
E.
Historical
impact. Where a proposed tower site is within 1,000 feet of the Appomattox
County Historical Park, the Board of Supervisors shall request and
consider input from the United States Department of the Interior to
determine the level of adverse impact upon the park. The Board of
Supervisors can disapprove a conditional use permit application based
upon any adverse impact that a proposed tower may have on the park.
A.
New
construction under 199 feet and co-locations are not permitted by
right or conditional use in the H-1, R-1, R-2, R-3 or V-1 District
unless application is made under the "stealth design" option conditional
use procedure.
B.
New
construction towers that exceed 199 feet proposed for siting in the
H-1, R-1, R-2, R-3 or V-1 District.
C.
Towers
of any height are not permitted in the Floodplain Overlay (FPO) District.
[Amended 7-6-2015]
All towers shall be set back 110% of the height of the proposed
tower from all property lines, except as follows. The setback requirement
may be reduced subject to a written opinion being provided by a professional
engineer that the allowable reduction would be appropriate and provide
the methodology by which the engineer reached his/her finding. Additionally,
a fall zone easement may be obtained from an adjoining property owner
to satisfy the setback requirement. The applicant shall provide, at
the time of submittal, a copy of the easement, and evidenced as duly
recorded in the Clerk of the Court's office. Guy wires, fencing, and
accessory facilities must also satisfy the minimum setback requirements
of the district in which the siting is proposed. Also, new construction
towers shall be set back a minimum of 200% of the height of the tower
from any nearby residential structure, and in no case less than 400
feet.
A.
The
use of any portion of a tower for signs, other than warning or equipment
information signs, is prohibited. Signs are permitted on the equipment
buildings, fencing, or on the ground, provided that the sign complies
with all other County signage regulations.
B.
Towers
shall not be artificially lighted unless required by the Federal Aviation
Administration (FAA) or the County. If lighting is required, the Planning
Commission may review the available lighting alternatives and approve
the design that would cause the least disturbance to the surrounding
views. When incorporated into the approved design of the tower, light
fixtures used to illuminate ballfields, parking lots, or similar areas
may be attached to the tower.
C.
Tower
sites shall be enclosed by security fencing and shall be equipped
with an appropriate anti-climbing device sufficient to deter the general
public from obtaining access to the site.
A.
Any
proposed telecommunications tower and tower site shall be designed
structurally, electrically, and in all respects to accommodate co-location
of both the applicant's telecommunications facility and comparable
telecommunications facilities for at least two additional users if
the tower height is 199 feet or less, and three additional users if
the tower height is 200 feet or greater. Towers and tower sites shall
be designed to allow for future rearrangement of telecommunications
facilities upon the tower, to accept telecommunications facilities
mounted at varying heights, and to accommodate supporting buildings
and equipment on the tower site.
B.
The
holder of a conditional use permit for a tower shall not make co-location
on the tower and tower site for additional users economically or technically
unfeasible. If additional user(s) provide credible evidence that the
holder of a tower permit has made co-location on such tower and tower
site economically or technically unfeasible, the Zoning Administrator
shall issue a notice of zoning violation. Failure to comply or to
appeal the decision to the Board of Supervisors shall result in the
revocation of the conditional use permit.
C.
Local
government access. Upon request, the holder of a conditional use permit
for a tower shall provide the County with co-location opportunities
as a community benefit for radio and emergency services.
Any tower that is not operated for a continuous period of 12
months shall be considered a nuisance. In such circumstances, the
following shall apply:
A.
The
owner of such communications facility or tower or owner(s) of the
property where the tower site is located shall remove the communications
facility and/or tower, including all supporting equipment and building(s),
within 90 days of receipt of an abandonment notice from the County
Building Official. If removal to the satisfaction of the Zoning Administrator
does not occur within 90 days, the County may remove and salvage the
communications facility or tower and all supporting equipment and
building(s) at the property owner's expense. If there are two or more
users of a single tower, then this provision shall not become effective
until all users cease using the tower. Any such owner affected by
this provision shall have the opportunity to appeal the Zoning Administrator's
decision to the Board of Zoning Appeals within 30 days of receipt
of an abandonment notice.
B.
The
applicant for a permit under this article shall submit a copy of a
signed agreement between the property owner and the owner of the tower,
telecommunications facility or facilities, and supporting equipment
and building(s) detailing requirements for abandonment and subsequent
removal. The agreement shall also identify that the agreement shall
be binding on future property owner(s) and future owner(s) of a tower,
telecommunications facility or facilities, and all supporting equipment
and building(s).
Any costs incurred for review by a licensed professional engineer
or other technical expert for any of the above required information
shall be paid by the applicant. It shall also be the applicant's responsibility
to pay all costs associated with stealth design conditional use applications.
A.
The
tower owner shall be responsible for correcting any frequency problems
which affect the Appomattox County Public Safety Communications System
caused by a permitted or conditional use granted under this article.
Corrections shall be made immediately upon notification by certified
mail from the Appomattox County Administrator's office. Failure to
correct can result in the revocation of zoning and/or conditional
use permits for the tower in question and fines provided by this article.
B.
Tower
owners shall comply with all County requirements pertaining to the
reception and processing of wireless communications calls by the County's
Public Safety Answering Point (PSAP) facilities.
|
Appendix to § 19.6-92
Summary of Permitted and Conditional Uses
[Amended 7-6-2015]
| ||||
|---|---|---|---|---|
|
Zoning District
|
Co-Location
|
New Tower <50 Feet
|
New Tower 51-199 Feet
|
New Tower 200 Feet or More
|
|
A-1
|
P*
|
P
|
C
|
C
|
|
B-1
|
P
|
P
|
P
|
P
|
|
H-1
|
C/S
|
C/S
|
C/S
|
X
|
|
M-1
|
P*
|
P
|
P**
|
C
|
|
R-1
|
C/S
|
P
|
C/S
|
X
|
|
R-2
|
C/S
|
P
|
C/S
|
X
|
|
R-3
|
C/S
|
P
|
C/S
|
X
|
|
V-1
|
C/S
|
P
|
C/S
|
X
|
|
IP
|
P*
|
P
|
P**
|
C
|
|
KEY:
| ||
|---|---|---|
|
P
|
=
|
Permitted use.
|
|
C
|
=
|
CUP required.
|
|
C/S
|
=
|
CUP/stealth design option.
|
|
X
|
=
|
Not permitted.
|
|
P*
|
=
|
CUP required if increased by more than 20 feet.
|
|
P**
|
=
|
CUP required if bordering H-1, R-1, R-2, R-3 or V-1 District.
|
The purpose of the special public interest overlay districts
established in this article is to protect and enhance certain specific
lands and structures which, by virtue of their type or location, have
characteristics which are distinct from lands and structures outside
the overlay districts. It is the intent of the governing body to permit,
insofar as possible, those uses and structures which would otherwise
be permitted, provided that reasonable and necessary conditions are
met which ensure the protection and enhancement of said lands and
structures. It is the further intent of the governing body to specifically
protect and enhance the following:
A.
Intensive
livestock, dairy, and poultry facilities.
A.
The
special public interest overlay districts established in this section
generally operate by establishing performance standards to effectuate
the purposes of the district. Except as otherwise provided, they do
not supersede the requirements of the underlying district. The strictest
or most-restrictive standard shall apply in the event of conflict.
B.
Land
lying within the special public interest overlay districts shall remain
part of the underlying zoning districts established by other provisions
of this article and may, in addition, lie in one or more overlay districts
in accordance with the designation of each.
A.
Amendments
to this article or to the Zoning Map shall be adopted in accordance
with the provisions of this article.
B.
Every
recommendation for creation of a special public interest overlay district
or addition of land thereto shall address the following, if applicable:
(1)
A statement of purpose and intent shall specify the nature of the
special and substantial public interest involved and objectives to
be promoted by creation of the special public interest overlay district
and imposition of the regulations proposed therefor.
(2)
Proposed district boundaries shall be depicted on one or more maps,
which shall also display all other zoning districts applicable to
the property proposed for inclusion in the district.
(3)
Regulations proposed to promote the special purposes of the district.
C.
Regulations
proposed with any special public interest overlay district shall be
designed to reasonably promote the purposes of the district and may
require or address any of the following, in addition to or in lieu
of other regulations affecting property within the district:
(1)
Submission of specifically detailed site plans, building plans, elevations
and maps showing the relation of proposed development to surrounding
or otherwise affected property in terms of location, scale or intensity,
character, and continuity.
(2)
Protection of features designated as being of special concern within
the district.
(3)
Mixtures or limitations of permitted uses.
(4)
Special performance standards and development regulations.
(5)
Other matters as appropriate to promote the special public interests
of the district.
D.
Regulations
for any special public interest overlay district may require special
review of the development plans by the Zoning Administrator generally
within the district or for specified classes of uses within the district.
E.
Procedure
for amending Zoning Map to include overlay district.
(1)
An application must be submitted, in writing, to the Zoning Administrator
and must be accompanied by two copies of an acceptable site plan,
where applicable, which identifies the areas to be included in the
overlay district by Appomattox County Tax Map number. Other reasonable
information may be required by the Zoning Administrator or as delineated
in applicable provisions of this article.
(2)
The Zoning Administrator shall submit the application to the Planning
Commission for review. The Commission shall consider the proposed
amendment after notice and public hearing in accordance with § 15.2-2285,
Code of Virginia 1950, as amended. The Commission shall present its
recommendations to the governing body. If the Commission fails to
submit its recommendation to the governing body within 90 days of
the first meeting of the Commission after the proposed amendment has
been referred to it, the Commission shall be deemed to have approved
the proposed amendment.
(3)
The governing body shall consider the proposed amendment after notice
and hearing in accordance with § 15.2-2285, Code of Virginia
1950, as amended, and shall take action on the proposed amendment
within 90 days from the date of the public hearing.
(4)
Any petition for zoning amendment may be withdrawn prior to action
thereon by the governing body at the discretion of the person, firm,
or corporation initiating such request, upon written notice to the
Zoning Administrator.
(5)
A property owner or his appointed agent shall not initiate action
for a zoning amendment affecting the same parcel of land more often
than once every 12 months.
No waiver may be granted from any regulation or restriction
imposed in any special public interest overlay district except as
specifically provided in the regulations for such district.
Upon approval of a special public interest overlay district,
a map of the district boundaries shall be incorporated into the Zoning
Maps of the County.
[Amended 7-6-2015]
The following regulations shall apply to a new or existing intensive
farming facility. Due to the intensity of production or raw material
storage needs, it is necessary to have special control of operation,
raw material storage and processing, and disposal of liquid and/or
solid wastes.
Separate, but adjoining parcels owned by the same individual
or entity may be utilized to satisfy the minimum area requirements.
A.
Intensive
livestock facility. If the operator of an intensive livestock facility
has at least 300 beef cattle, 3,000 sheep, or 150 horses, then the
minimum parcel size of which an initial livestock facility may be
placed shall be 60 acres. For each subsequent increase in that number
of livestock, 10 acres shall be required for each increase of 50 beef
cattle, 500 sheep, or 25 horses.
B.
Intensive
dairy facility. If the operator of an intensive dairy facility has
at least 200 dairy cattle, then the minimum parcel size of which an
initial dairy facility may be placed shall be 60 acres. For each subsequent
increase in that number of dairy cattle, 10 acres shall be required
for each increase of 35 cattle.
C.
Intensive
poultry facility. If the operator of an intensive poultry facility
has at least 30,000 chickens or 16,500 turkeys, then the minimum parcel
size of which an initial poultry facility may be placed shall be 20
acres. For each subsequent increase in that number of poultry, 10
acres shall be required for each increase of 15,000 chickens or 8,250
turkeys.
D.
Intensive
swine facility. If the operator of an intensive swine facility has
at least 750 pigs, then the minimum parcel size of which an initial
swine facility may be placed shall be 150 acres. For each subsequent
increase in that number of swine, 10 acres shall be required for each
increase of 500 pigs.
A.
Intensive
livestock facility.
(1)
The minimum setback from all property lines shall be 150 feet. Additionally,
an intensive livestock facility must be set back a minimum of 100
feet from any surface and/or drinking water source, excluding a wellhead
specifically for the purpose of facility maintenance.
(2)
The minimum distance from the intensive livestock facility to any
dwelling shall be 200 feet.
(3)
A waste storage area and/or structure shall be set back a minimum
distance of 500 feet from any property line.
(4)
The minimum distance from the intensive livestock facility to an
incorporation town limits shall be 1,000 feet.
B.
Intensive
dairy facility.
(1)
The minimum setback of any structure from all property lines shall
be 150 feet. Additionally, an intensive dairy facility must be set
back a minimum of 100 feet from any surface and/or drinking water
source, excluding a wellhead specifically for the purpose of facility
maintenance.
(2)
The minimum distance from the intensive dairy facility to any dwelling
shall be 200 feet.
(3)
A waste storage area and/or structure shall be set back a minimum
distance of 500 feet from any property line.
(4)
The minimum distance from the intensive dairy facility to an incorporation
town limits shall be 1,000 feet.
C.
Intensive
poultry facility.
(1)
The minimum setback of any structure from all property lines shall
be 300 feet. Additionally, an intensive poultry facility must be set
back a minimum of 200 feet from any surface and/or drinking water
source, excluding a wellhead specifically for the purpose of facility
maintenance.
(2)
The minimum distance from the intensive poultry facility to any dwelling
shall be 200 feet.
(3)
A waste storage area and/or structure shall be set back a minimum
distance of 500 feet from any property line.
(4)
The minimum distance from the intensive poultry facility to an incorporation
town limits shall be 1,000 feet.
D.
Intensive
swine facility.
(1)
The minimum setback of any structure from all property lines shall
be 1,000 feet. Additionally, an intensive swine facility must be set
back a minimum of 300 feet from any surface and/or drinking water
source, excluding a wellhead specifically for the purpose of facility
maintenance.
(2)
The minimum distance from the intensive swine facility to any dwelling
shall be 200 feet.
(3)
A waste storage area and/or structure shall be set back a minimum
distance of 500 feet from any property line.
(4)
The minimum distance from the intensive swine facility to an incorporation
town limits shall be 1,000 feet.
A.
No
intensive facility shall commence operation until a nutrient management
plan, if required by the Commonwealth of Virginia for the proposed
facility, has been reviewed and approved by the Virginia Department
of Conservation and Recreation or by the Virginia Cooperative Extension
Service or by a person certified or employed by the commonwealth as
a nutrient management planner.
B.
Each
facility already in operation or approved by the County shall have
a nutrient management plan on file with the Zoning Administrator.
The purpose of this § 19.6-95 is to foster the development
of alternative power resources and to provide standards for placement
and design of wind energy systems. These standards will facilitate
a safe and natural environment which does not harm or hinder living
beings. The requirements set forth herein shall strive to protect
the County's rural and scenic landscape, cultural amenities, and historic
sites.
This § 19.6-95 applies to all wind energy systems
proposed to be constructed after the effective date of this § 19.6-95
and to all existing wind energy systems, if any, which request to
be altered from their original state of permit, excluding any necessary
monitoring or maintenance of the wind energy system.
The County reserves the right to employ the services of a wind
energy consultant to review all applications. All applicable costs
associated with such review shall be the responsibility of the applicant.
The recommendation(s) of the consultant will be considered by the
Zoning Administrator and/or governing body in making a decision as
to whether or not to issue a permit for a wind energy system.
A site plan shall be submitted at the time of application for
any wind energy system. Comments received by any applicable review
agency shall be addressed by the applicant prior to granting that
permit.
A.
The
uses listed in this section shall be permitted only upon the issuance
of an administrative permit by the Zoning Administrator pursuant to
the provisions of this § 19.6-95. Administrative permits
are to be issued for systems where the applicant can demonstrate that
the proposal meets the standards herein and the system will not have
an undue adverse impact on the surrounding neighborhood.
B.
Wind
energy systems shall be permitted in Agricultural Zoning District
(A-1), Commercial Zoning District (B-1) and Industrial Zoning District
(M-1), provided the following standards and specifications are met:
(1)
The wind energy system is no more than 50 feet in height; and
(2)
Where no more than two systems are located on any parcel; and
(3)
Where no lighting of any kind is located on the wind turbine; and
(4)
The applicant shall provide evidence that the provider of electric
utility service to the site has been informed of the applicant's intent
to install an interconnected customer-owned electricity generator,
unless the applicant intends, and so states on the application, that
the system will not be connected to the electricity grid; and
(5)
The applicant will provide information demonstrating that the system
will be used primarily to reduce on-site consumption of electricity.
C.
For
the purposes of testing and monitoring, an anemometer may be installed
with the issuance of an administrative permit, renewable and valid
for one year, provided:
D.
Standards
applicable to wind energy system administrative review.
(1)
Setbacks. Setback requirements shall not preclude the construction
of habitable buildings on the same or adjacent parcels following the
construction of the wind energy structure. The minimum distance from
the base on a wind energy structure to all property lines shall be
110% of the structure height, and 150% of the structure height from
any dwelling on an adjacent parcel. There is no setback from primary
or accessory buildings on the same parcel as the structure. Additionally,
there is no setback from accessory structures on adjoining parcels.
(2)
Any accessory building ancillary to the wind energy system shall
meet the minimum accessory structure setback for the district in which
it is located.
(3)
Height. The maximum height of the wind energy structure, measured
at the peak of the point of the arc of the blades, shall be no more
than 50 feet. If an applicant desires to have a wind energy structure
exceed this limit, then a conditional use permit may be obtained from
the governing body. The applicant shall follow the same requirements
for a conditional use permit as found in this article.
(4)
The minimum distance between the ground and any protruding blades
utilized on a wind turbine shall be 15 feet, as measured from the
lowest point of the arc of the blades.
(5)
Wind energy structures standing alone shall be secured by anti-climbing
devices unless determined by a professional engineer not to be warranted.
(6)
Minimum lot size shall be one acre to be eligible for a wind energy
system.
(7)
A maximum of two wind energy systems shall be permitted on any one
parcel. No wind energy system shall be located on a vacant parcel
unless it is proven to be an accessory to a dwelling or commercial
building on an adjacent parcel. More than two wind energy systems
shall be defined as a wind farm and shall follow the same requirements
for a conditional use permit as found in this article.
(8)
Noise created by wind energy systems shall not exceed 80 decibels
(dB), as measured at the nearest property line. The level may be exceeded
during short-term events such as severe windstorms. The applicant
is responsible for providing information from a certified technician/installer
stating that noise levels are in compliance with this standard. Failure
to comply shall be subject to prosecution under the Peace and Good
Order Chapter of the Appomattox County Code.
(9)
Shadow/flicker. Wind energy systems shall be sited in a manner that
does not result in shadowing or flicker impacts. The applicant shall
provide documentation from a professional engineer that no shadow/flicker
impacts are found. If this standard cannot be met, then a conditional
use permit may be obtained from the governing body. The applicant
shall follow the same requirements for a conditional use permit as
found in this article.
(10)
Federal and state regulations. Wind energy systems shall meet applicable
federal and state standards and regulations set forth by the Federal
Aviation Administration (FAA), Virginia Department of Environmental
Quality (DEQ), Virginia State Corporation Commission (SCC), and other
agencies with the authority to regulate such systems.
(11)
Signs. No signs or advertising of any type may be placed on the wind
energy system unless required by a federal, state or local regulatory
agency.
(12)
Notification of adjoining property owners. Upon receipt of an application
for an administrative permit, the Zoning Administrator shall send,
by first-class mail, written notice of such application to all adjoining
property owners as shown on the current real estate assessment database.
A twenty-one-day review period shall ensue.
(a)
If a written objection is received within the review period, then
the application shall be denied, and the applicant shall be advised
that the request may be resubmitted as a conditional use permit petition
subject to the same requirements for a conditional use permit as found
in this article.
(b)
If no written objection is received and the applicant meets all other
requirements of this section, then the Zoning Administrator shall
approve the administrative permit.
A.
Wind
energy systems shall be permitted by conditional use permit in the
Residential Zoning District (R-1) and Residential Zoning District
(R-2), subject to the same requirements for a conditional use permit
as found in this article.
B.
The
general standards stated above in § 19.6-95.5D shall apply
to these wind energy systems approved under a conditional use permit.
C.
Additionally,
a conditional use permit may be approved in the Agricultural Zoning
District (A-1), Commercial Zoning District (B-1) and Industrial Zoning
District (M-1) for the following circumstances:
A.
The
applicant shall maintain the wind energy system in good condition.
Such maintenance shall include, but not be limited to, painting, structural
integrity checks of the foundation and support structure, maintenance
of the buffer area, and any access road (if applicable).
B.
Any
wind energy system that is found to be unsafe by the Building Official
shall be repaired by the owner to meet federal, state, and local safety
standards or shall be removed within six months. Any wind energy system
that is not operated for a continuous period of 24 months shall be
considered abandoned, and the owner of the system shall remove the
system within 180 days of notification from the County instructing
the owner to remove said system.
C.
The
applicant shall notify the County within 30 days of the date the system
is no longer used for wind energy and demolition has been completed.
A.
The
purpose of planned unit development (PUD) is to promote the efficient
use of land by allowing a wide range of land uses at various densities
and allowing the flexible application of development controls, while
protecting surrounding property, natural and cultural resources, and
the scenic beauty of the land.
B.
A PUD
is intended to allow greater flexibility than is generally possible
under conventional zoning district regulations by encouraging ingenuity,
imagination, and high quality-design. Incorporation of significant
areas of open space is a primary component of this type of development.
A PUD is particularly appropriate for parcels which contain a number
of constraints to conventional development. In addition to an improved
quality of design, the PUD creates an opportunity to reflect changes
in technology of land development, provide for opportunities for new
approaches to home ownership, and provide for an efficient use of
land which can result in reduced development costs.
C.
A PUD
shall be a visual asset to the community. The appropriate siting of
buildings, controlled access points, attractive and harmonious architecture,
and effective landscape buffing shall be characteristics of these
planned communities. They may have a variety of uses (commercial,
industrial, residential) which all complement the quality of life
within the development and surrounding community.
A PUD shall be subject to a conditional use permit in all zoning
districts.
Permitted uses shall be those uses specifically included in
the final master plan approved by the Board of Supervisors.
Each PUD shall be subject to the following site development
standards:
A.
Acreage
requirement. Minimum acreage required to create a PUD shall be 50
acres of contiguous land. Land under common ownership but separated
by an existing public street may be counted in total; however, this
is not desirable. Land adjacent to an existing PUD, regardless of
size, may be incorporated into the development if reviewed and approved
according to the procedures of this article.
B.
Lot
sizes, lot frontage, and density. Minimum lot sizes for allowable
uses, minimum lot frontage requirements, and residential densities
shall be established during the review and approval of the master
plan.
C.
Lot
coverage. Maximum lot coverage shall be established during the review
and approval of the master plan but in no case shall exceed 75%.
D.
Building
setbacks and spacing.
(1)
Minimum front setback. All structures proposed to front on an existing
public street external to the PUD shall be located a minimum of 50
feet from the existing public right-of-way.
(2)
Minimum setback and spacing shall be specifically established during
the review and approval of the master plan. The following guidelines
shall be used in establishing the building spacing and setbacks:
(a)
Building spacing shall provide adequate privacy within each dwelling
unit;
(b)
Building spacing shall ensure that each room has adequate light and
air;
(c)
Areas between buildings used as service yards, for storage of trash,
or for other utilitarian purposes should be designed so as to be compatible
with adjoining dwellings;
(d)
Building spacing and design shall provide privacy for outdoor activity
areas (patios, decks, etc.) associated with individual dwelling units.
E.
Building/structure
height. The height of buildings and structures shall be established
during the review and approval of the master plan. Buildings and structures
over 45 feet in height will need to be justified in order to receive
approval.
F.
Architectural
standards. PUDs shall complement and enhance the best characteristics
of the surrounding community. A variety of architectural features
and building materials should be utilized to provide the development
with a unique character, while maintaining compatibility with the
surrounding area's architecture. Architectural renderings shall be
submitted with the conditional use permit application. The renderings
shall include the features, materials, and the articulation of the
facade of the building for all sides visible from a public right-of-way.
G.
Streets.
Streets in the PUD shall be built in accordance with VDOT standards.
In reviewing the master plan, the Planning Commission may recommend
and the Board of Supervisors may approve one or more private streets
interior to the development. Private streets must meet the same standards
as VDOT-maintained streets. Streets must have a minimum fifty-foot
right-of-way. Alleyways must have a minimum twenty-foot right-of-way.
A typical street section should include a planting strip (between
three feet and six feet) and sidewalk. The planting strip shall be
included on both sides of the street. Curb and gutter design is encouraged.
H.
Entrances.
In order to promote safe ingress and egress for the development, the
minimum separation distance between entrances to the existing public
right-of-way shall be 300 feet, except for single-family dwellings,
which shall front an internal street. The principal entrance to the
PUD shall be sufficiently landscaped to comply with the intent of
this article. Additionally, the first 100 linear feet of street leading
through the principal entrance shall have a landscaped median of sufficient
width and planting density to meet the intent of this article.
I.
Pedestrian
facilities. A PUD should be designed at a walkable scale. In residential
areas, sidewalks shall be a minimum of five feet in width and be on
both sides of the road. In commercial and industrial areas, sidewalks
may be replaced with paved trails with a minimum width of six feet.
Sidewalks or trails located outside of a public right-of-way shall
be located within a permanent easement of at least 10 feet in width.
Additional pedestrian facilities (benches, pocket parks, trash receptacles,
etc.) should be incorporated into all areas of the PUD.
J.
Lighting.
Streetlighting is desirable along all public streets within the PUD.
Generally, more low-intensity lights, as opposed to fewer high-intensity
lights, shall be used. Streetlights shall be installed on both sides
of the street. The spacing between streetlights (on opposite sides
of the street) shall not be greater than 75 feet.
K.
Signage.
A comprehensive signage plan should be submitted with the master plan
and approved as part of the conditional use permit. The signage plan
shall cover the entire development and establish a uniform signage
theme. Sign height and area shall be established in the master plan;
however, the height of a freestanding sign shall not exceed 15 feet.
L.
Open
space. Minimum common open space and/or recreational areas shall be
15% of the gross area of the PUD. For developments with an overall
density greater than eight units per acre in residential areas, the
minimum common open space and/or recreational areas shall be 30% of
the gross area of the PUD. Common open space shall not include proposed
street rights-of-way, open parking areas, driveways, or sites "reserved"
for future use. Common open space and/or recreational areas shall
be of an appropriate nature and location to serve the residents of
the development. The construction or provision for open space and/or
recreational areas must proceed at the same rate as the construction
of dwelling units and/or commercial/industrial activity.
M.
Landscaping/buffer
yards. PUDs shall be well landscaped and have a park-like atmosphere
meeting the overall intent of this article. The composition and location
of landscaping shall complement the scale of the development and its
surroundings. Minimum landscaping requirements shall generally follow
those set forth in this article; however, alternative landscape plans
are encouraged to be submitted as part of the master plan.
N.
Utilities.
PUDs are encouraged to be located in areas which are served or can
easily be served by public water and/or sewer. Other utilities (electric,
telephone, etc.) shall be placed underground, unless the type of service
necessary for normal activities prohibits underground installation.
O.
Miscellaneous.
Any outside storage area shall be fully screened so that no materials
stored are visible from any public right-of-way. Fences shall not
be placed in a front yard except as necessary for security purposes.
Fencing shall be uniform and well kept.
All revisions to the final approved master plan shall be reviewed
by the Planning Commission. The Planning Commission shall decide if
the changes are minor or major. Minor changes shall be approved by
the Planning Commission. Major changes shall be forwarded to the Board
of Supervisors with a recommendation from the Planning Commission.
Prior to approval of any major revision, the Board of Supervisors
shall hold a duly noticed and publicized public hearing to receive
comments. Major revisions include, but are not limited to:
A.
Any
increase in the density of the development;
B.
Substantial
change in the circulation or access;
C.
Substantial
change to the mixture of residential, commercial and/or industrial
uses;
D.
Reduction
in the amount of open space, landscaping or buffering;
E.
Any
other change the Planning Commission determines is a major divergence
from the approved master plan.
