A.
Visibility at intersections. On a corner lot, nothing
shall be erected (except street signs, utility poles or traffic signs),
placed, planted or allowed to grow in such manner as to impede vision
between a height of 2 1/2 and 10 feet above the center-line grades
of the intersecting streets in the area bounded by the street center
lines of such intersecting streets and a line joining the street center
lines at a distance of 75 feet from the point of intersection. This
subsection also applies to signs.
B.
Sight line easements shall be provided on all corner
lots to meet the intersection sight distance established by VDOT in
the most current edition of the Minimum Standards of Entrances to
State Highways and/or any other applicable VDOT standard or specification
for the posted and/or operating speed of the roadway.
[Added 6-21-2005 [1]]
C.
[2]Exceptions to height regulations. The height limitations
contained in the district regulations do not apply to spires, belfries,
cupolas, silos, feed mills, barns, antennas, water tanks, ventilators,
chimneys, structures required for electric and telephone facilities
or other similar appurtenances.
D.
Buildings to have access. Every building hereafter
erected or moved shall be on a lot adjacent to a public street or
with access to a private street approved by the governing body, and
all buildings shall be so located on lots as to provide safe and convenient
access for servicing, fire protection and required off-street parking.
E.
Lots in two districts. Where a district boundary line
divides a lot in single or joint ownership of record at the time such
line is established, the regulations for the less restricted portion
of such lot shall extend not more than 30 feet into the more restricted
portion, provided that the lot has frontage on a street in the less
restricted district.
F.
Lot area and lot width for lots not served with public water and/or sanitary sewers. Where a lot is not served by a public water supply and/or sanitary sewerage system and Chapter 100, Subdivision of Land, state statute or other local statute or ordinance in force or the Health Official requires a higher standard for lot areas or lot width than this chapter, the more restrictive regulations shall apply.
G.
Front yard exceptions. When an unimproved lot is situated
between two improved lots with front yard dimensions less than those
required for the zoning district, the front yard required for the
unimproved lot may be reduced to a depth equal to the average of the
two adjoining lots provided; however, that this provision shall only
apply in such cases where the improved lots in question are improved
as of the time of the adoption of this chapter. For the purpose of
this subsection, an "unimproved lot" shall be the same as a vacant
lot and an "improved lot" shall be one on which a principal building
is erected. In no case shall a front yard be reduced by more than
50% of the required front yard for that district.
H.
Projections into yards. The following projections
shall be permitted into required yards and shall not be considered
in the determination of yard size or lot coverage:
(1)
Terraces, patios or unenclosed porches may project
no more than five feet into any yard setback.
[Amended 8-17-2010]
(2)
Open balconies or fire escapes, provided that such
balconies or fire escapes are not supported on the ground and do not
project more than five feet into any yard nor closer than three feet
to any adjacent lot line.
(3)
Aboveground swimming pools may project no more than five feet into
any yard setback.
[Added 7-17-2018]
A.
All dwelling units with direct access to a public street may be used for the practice of a home occupation, provided that such occupation is clearly incidental or secondary to the use of the property as a residence, and further provided that the use of the dwelling does not change the character thereof or have any exterior evidence of such secondary use other than a small nameplate, as provided in § 125-20B(2)(a).
(1)
Standards.
(a)
Two off-street parking spaces, in addition to
those required for the residence units, shall be required for any
single home occupation, and four off-street parking spaces, in addition
to those required for the residence units, shall be required for any
home occupation in an accessory building.
[Amended 6-9-1998]
(b)
Home occupations shall not occupy more than
25% of the total floor area of the dwelling unit. Site plan shall
be required to include size of dwelling unit, accessory structure
and sketch to scale of same, plus parking and driveway with dimensions
referenced to property line.
[Amended 6-9-1998]
(c)
Home occupations shall be subject to the following
limitations:
[1]
No emission of unpleasant gases or other odorous
matter shall be permitted.
[2]
No emission of noxious, toxic or corrosive gases
or fumes injurious to persons, property or vegetation shall be permitted.
[3]
No glare and heat from any home occupation shall
be permitted.
[4]
No discharge is permitted into a reservoir,
sewage or storm disposal system, stream, open body of water or into
the ground of any materials in such a way or of such nature or temperature
as could contaminate any water supply or damage or be detrimental
to any sewage system or any sewage treatment plant or otherwise could
cause the emission of dangerous objectionable elements.
[5]
No vibration perceptible beyond the dwelling
unit or building in which the home occupation is conducted, whichever
shall be the smaller, shall be permitted.
[6]
No noise shall be audible beyond the dwelling
unit or building in which the home occupation is conducted, whichever
shall be the smaller, exceeding the average intensity of street traffic
at the front lot line. Objectionable noises due to intermittence,
beat, frequency or shrillness shall be muffled.
[7]
No emission of any smoke shall be permitted.
[8]
Electric or electronic devices shall be shielded
in such a manner as not to interfere with radio or television reception
or transmission of any kind.
[9]
Solid waste shall be contained and disposed
of in a manner which will not detract from the appearance of the property
or general neighborhood.
[10]
Toxic waste or material, including but not limited
to used motor oil, antifreeze, power steering fluid, transmission
fluid, etc., shall not be stored on property.
[Added 6-9-1998]
B.
Home occupations in accessory buildings by special
use permit.
[Added 4-11-1994; amended 6-9-1998]
(1)
The practice of a home occupation by the owner of a residence may be allowed in an accessory building incidental to the owner's residence located on the same tract or parcel of land, provided that the residence and accessory building shall have the direct access to a public street; and further provided that the use of the accessory building does not change the character thereof, nor exceed 60% of the footprint-ground floor square footage of the dwelling unit, or the occupation in the accessory building does not exceed 1,000 square feet, whichever is the lesser, or have any exterior evidence of such use as a home occupation other than a small name plate, as provided in § 125-20B(2)(a). The specific home occupation allowed by special use permit shall not be changed in purpose, nor allow for more than three employees that do not reside in the residence on the same tract or parcel of land on which the business is located, during the term of the permit unless further application shall be made and approved for issuance of a special use permit. Home occupations pursuant to this subsection shall comply with the requirements of § 125-15A(1)(a) and (c) of this chapter and shall include but not be limited to the following Subsection B(1)(a) through (e):
[Amended 8-17-2010]
(2)
The following criteria shall be considered when determining
the advisability of issuing a special use permit pursuant to this
subsection:
(a)
Probable increase of traffic to the general
area.
(b)
Concurrence of surrounding property owners.
(c)
Size, purpose and likelihood of expansion of
the proposed home occupation.
(d)
Probable impact on surrounding properties.
(f)
Determination of a need for the proposed business
for the surrounding community.
A.
No accessory structures or buildings shall be erected
in any required front yard setback or front minimum yard dimension,
and no detached accessory building shall be erected within five feet
of any other building. Accessory structures or buildings may be erected
in the following districts, conditional upon the accessory structures
or buildings meeting the following setback or minimum yard dimension
requirements:
[Amended 11-15-1989]
B.
Private, noncommercial permanently installed below-the-ground
swimming pools must be located in a rear or side yard only and entirely
enclosed with a permanent fence not less than four feet in height.
Such fence shall contain a gate which can be locked. This subsection
does not apply to portable aboveground or temporary pools.
C.
Nothing in this section shall be construed to limit
other accessory uses not mentioned so long as they are clearly accessory
to the principal permitted use of the land and do not create a threat
to the public health, safety and/or welfare of the community.
A.
Permitted uses. Garden apartments and townhouse buildings
shall consist solely of residential dwelling units, rental office
and recreational and parking facilities. Coin-operated washing and
drying machines and/or vending machines for food, beverages or cigarettes
located inside the building shall be permitted, provided that these
are for tenants' use only.
B.
Water and sewer. The proposed development shall be
served by approved public water and sewer systems.
C.
Area and bulk regulations. All garden apartments and
townhouses shall conform to all of the requirements as herein established:
|
Requirement
|
Garden
Apartment
|
Townhouse
| ||
|---|---|---|---|---|
|
Minimum gross lot area (acres)
|
5
|
3
| ||
|
Minimum lot width at building line (feet)
|
300
|
2001
| ||
|
Building coverage of gross land area (percent)
|
15
|
15
| ||
|
Minimum side and rear yard (feet)
|
50
|
302
| ||
|
Parking area setback from property line or street
ultimate right-of-way (feet)
|
30
|
303
| ||
|
Maximum dwelling units per gross acre
|
16
|
8
| ||
|
In addition, the following minimum gross lot
area shall be provided for each unit (square feet):
| ||||
|
1-bedroom unit
|
3,000
|
4,000
| ||
|
Each additional bedroom
|
500
|
500
| ||
|
Minimum usable open space (not including parking
or driveway areas) devoted solely to planned recreational use and
activities
|
0.25 square feet for every 1 square foot of
gross floor area
|
0.25 square feet4 for every 1 square foot of gross floor area
| ||
|
Maximum height
|
3 stories or 35 feet
|
2 stories or 35 feet
| ||
|
NOTES:
| ||||
|---|---|---|---|---|
|
1Minimum width of
a townhouse dwelling is 16 feet per unit.
| ||||
|
2Applies to end building
only.
| ||||
|
3Applies only to
parking lots and joint parking areas, not to separate parking areas
for individual townhouses.
| ||||
|
4Usable open space
shall not include front and/or rear yards of an individual townhouse.
| ||||
D.
Notwithstanding the provisions of the above requirements,
the following shall also apply:
(1)
There shall be no group of townhouses consisting of
more than eight dwelling units.
(2)
The horizontal distance between groups of townhouses
or garden apartments shall be:
(a)
Two times the average height of the two groups
of townhouses and garden apartments for front or rear walls facing
front or rear walls.
(b)
One and one-half (1 1/2) times the average
height for front or rear walls facing side walls.
(c)
Equal to the height of the highest building
for side walls facing side walls.
(3)
The minimum width of any side yard abutting a street,
driveway or parking area should not be less than 30 feet.
(4)
Access and service shall be provided in the front
of each townhouse. Parking may be provided on the lot, as carports,
as an integral part of the townhouse or a joint parking facility for
a group of townhouses with such deed restrictions as are necessary
to determine ownership and maintenance of common parking facilities
and methods of assigning charges for maintaining snow removal and
repairs.
(5)
Party walls and end wall lines on a townhouse shall
be continued past the rear wall of the building, at a height not to
exceed seven feet, for sufficient distance needed to provide for a
private patio area for each dwelling unit in the townhouse dwelling.
(6)
At least 10% of the required front yard shall be landscaped
in both garden apartment and townhouse developments.
(7)
Usable open space devoted to recreational use as herein
required shall be designed for use by tenants of the development and
shall be improved and equipped by the developer in accordance with
plans submitted and approved by the Planning Commission.
(8)
Garden apartment buildings shall not exceed 150 feet
in length.
(9)
Management of open space.
(a)
All open space shall be preserved for its intended
purpose as expressed in the final site plan.
(b)
There shall be an establishment of a nonprofit
association, corporation, trust or foundation of all individuals or
corporations owning residential property within the development to
ensure the maintenance of open space.
(c)
When the development is to administer open space
through a nonprofit association, corporation, trust or foundation,
said organization shall conform to the following requirements:
[1]
The developer must establish the organization
prior to the sale of any lots and/or units.
[2]
Membership in the organization shall be mandatory
for all residential property owners, present or future, within the
planned community, and said organization shall not discriminate in
its members or shareholders.
[3]
The organization shall manage all open space
and recreational and cultural facilities, shall provide for the maintenance,
administration and operation of said land and improvements and any
other land within the planned community and shall secure adequate
liability insurance on the land.
[4]
The organization shall conform to the Condominium
Act, §§ 55-79.39 through 55-79.103, Code of Virginia
1950, as amended.
E.
Parking facilities:
(1)
Number of spaces. Off-street parking, whether garage
or on-lot, shall be provided on the premises at the rate of two spaces
for each dwelling unit.
(2)
Location. Required parking spaces shall be provided
on the same lot as the building served.
(a)
All access drives shall be at least 15 feet
from any multiple-dwelling building on the lot and from exterior lot
lines.
(b)
Parking areas shall not be designed or located
so as to require or encourage cars to back into a public street in
order to leave the lot.
(c)
Entrance- and exitways shall have a minimum
width of 12 feet for each lane of traffic entering or leaving the
site, but shall at no time exceed 30 feet in width.
(d)
All dead-end parking lots shall be designed
to provide sufficient backup area for the end stalls of the parking
area.
(e)
Screening shall be provided between off-street
parking areas and adjoining residential districts. A plan specifying
type, size and location of existing and proposed screening material
shall be submitted with the application for the special use permit.
(f)
All accessways and parking areas shall be suitably
paved with a permanent hard-surface covering.
(g)
Entrance- and exitways and interior accessways
shall be designed so as to prevent the blocking of vehicles entering
or leaving the site.
(h)
Any other requirements deemed necessary by the
Board of Zoning Appeals for the public safety shall be complied with.
F.
Drainage. The developer shall comply with all provisions of Chapter 50, Erosion and Sediment Control.
G.
Lighting. Lighting for buildings, accessways and parking
areas shall be so arranged as not to reflect toward public streets
or cause any annoyance to building occupants or surrounding property
owners or residents.
H.
Storage of trash and rubbish. Exterior storage areas
for trash and rubbish shall be well screened on three sides, with
appropriate screening and trash and rubbish contained in verminproof
containers with tightly fitting lids. Interior storage areas for trash
and rubbish shall at all times be kept in an orderly and sanitary
fashion.
Shopping centers shall be in single ownership
or under a guaranteed unified management control. Shopping centers
shall consist of a selection of uses and groupings of buildings, service
and parking areas, circulation and open space and shall be subject
to the following provisions:
A.
Permitted principal uses shall be as follows:
(1)
Stores for the sale of goods at retail or the performance
of customary personal services or services clearly incidental to retail
sales.
(2)
Business, professional or banking offices.
(3)
Restaurants, cafes or similar places serving food
and/or beverages.
(4)
Parking areas for transient motor vehicles, but not
for the storage of new or used motor vehicles for sale.
(5)
Gasoline service stations.
(6)
Drive-in establishments, except theaters.
(7)
Indoor theaters.
B.
Permitted accessory uses located on the same lot with
the permitted principal use shall be as follows: only the customary
accessory uses associated with a commercial district shall be permitted,
provided that they are limited to the same lot as the permitted uses.
C.
Area and bulk regulations shall be as follows:
(1)
Lot size: the area for development shall be a minimum
of five acres.
(2)
Lot coverage: 25% maximum.
(3)
Building height: two stories or 35 feet maximum.
(4)
Front yard: 100 feet minimum.
(5)
Side yards: 100 feet minimum on each side when truck
loading space is provided; 50 feet on each side when no truck loading
spaces are provided.
(6)
Rear yard: One hundred feet minimum when truck loading
spaces are required and 50 feet when no truck loading spaces are required.
D.
Supplementary regulations.
(1)
Off-street parking. Off-street parking shall be provided
on the premises at a ratio of three square feet of off-street parking
area for every one square foot of gross floor area. Parking shall
be permitted in the areas required for front, side and rear yard setbacks
up to a point of 25 feet from any front, side or rear lot line of
the shopping center. All parking areas shall be suitably paved with
permanent hard-surface coverings.
(2)
Access and traffic controls. All means of ingress
or egress from the shopping center to any public street or state highway
shall be approved by the State Highway Department. The developer shall
be responsible for the purchase and erection of any necessary traffic
control devices and the construction of additional acceleration or
deceleration lanes as may be required by the State Highway Department.
(3)
Interior circulation. Interior accessways shall be
designed so as to prevent the blocking of vehicles entering or leaving
the site. Areas provided for loading or unloading of trucks and/or
other vehicles or for servicing of shops for a rubbish collection
or other services shall be adequate in size and shall be so arranged
that they may be used without blocking or interfering with interior
circulation and parking facilities.
(4)
Lighting. Lighting for buildings, signs, accessways
and parking areas shall be so arranged as not to reflect toward public
streets or cause annoyance to surrounding property owners or residents.
(5)
Screening. All lot lines abutting residential districts,
along the side yard or rear yard, shall be appropriately screened
by fences, walls or year-round planting and/or other suitable enclosures
of a minimum height of four feet and a maximum height of seven feet.
(6)
Storage of trash or rubbish. Storage areas for trash
and rubbish shall be completely screened, and all organic rubbish
shall be contained in verminproof containers with tightly fitting
lids. No such storage area shall be permitted within any required
yard space.
[Amended 9-16-2014]
A.
Statement of intent. The purpose of this district is to permit manufactured
home parks ("MHP") to locate in those areas of the County which are
appropriate for such use by proximity to public sewer, water and roads,
depending upon numbers of units, and compatibility with adjacent land
uses and to provide for and regulate the development of safe and healthy
facilities that will offer affordable housing of an appealing, sustainable
appearance and overall pleasant environment in areas of the County
appropriate for such use.
B.
BUILDING OFFICIAL
EMERGENCY SERVICES OFFICER
HEALTH OFFICER
MANUFACTURED HOME LOT
MANUFACTURED HOME or MOBILE HOME
MANUFACTURED HOME PARK
ZONING ADMINISTRATOR
Definitions. Unless otherwise expressly stated or the context clearly
indicates a different intention, the following terms shall, for the
purpose of this chapter, have the meanings indicated in this section.
The officer or other designated representative with the authority
charged with the administration and enforcement of the Virginia Uniform
Statewide Building Code.
The officer or other designed representative with the authority
charged with the administration and enforcement of emergency medical
services and fire services.
The legally designated health authority of the State Board
of Health for Page County or his authorized representative.
A piece of land within a manufactured home park which is
intended to hold one manufactured home for the exclusive use of the
people who live in the manufactured home.
A structure subject to federal regulation, which is transportable
in one or more sections; is eight body feet or more in width and 40
body feet or more in length in the traveling mode, or is 320 or more
square feet when erected on site; is built on a permanent chassis;
is designed to be used as a single-family dwelling, with or without
a permanent foundation, when connected to the required utilities;
and includes the plumbing, heating, air conditioning, and electrical
systems contained in the structure.
Two or more manufactured home lots located on a single parcel
owned for the purposes of a planned neighborhood setting.
The officer or his/her designated representative with the
authority charged with the administration and enforcement of the Page
County Zoning Ordinance.
C.
Permitted uses.
(1)
Manufactured homes.
(2)
One single-family residence and ancillary structures which are owned
by the property owner and occupied by the property owner or any resident
manager for the MHP and their immediate family.
(3)
Housing management offices for the MHP, child-care centers, laundry
facilities, indoor recreation facilities, and any other permanent
buildings that directly serve the MHP residents, provided that such
uses are subordinate to the residential use and character of the district.
E.
Conformance with laws. All such facilities shall conform to all the laws and requirements of the Commonwealth of Virginia for manufactured home parks rules and regulations promulgated by the State Board of Health, Uniform State Building Code ("USBC") and Page County Code Chapter 100, Subdivision of Land. If any of the above-mentioned chapters and/or regulations contain conflicting requirements, the stricter requirements shall apply.
F.
Permits.
(1)
MHPs shall be permitted only in areas zoned MHP-1 pursuant to the
terms of this chapter.
(2)
It shall be unlawful for any person to construct, maintain, operate
or alter any MHP within the limits of Page County unless he holds
valid permits within a dedicated MHP zoning district issued and approved
by the Building Official, Health Officer and Zoning Administrator
in the name of such person for the specific MHP.
(3)
The Building Official, Health Officer and Zoning Administrator are
authorized to issue, suspend or revoke permits in accordance with
the provisions of this chapter and any rules and regulations promulgated
by the State Board of Health and USBC under the authority of said
laws or ordinances.
(4)
No permit shall be issued for the operation of a MHP in which any
structure that does not meet the definition of manufactured home as
defined above or permitted under this chapter is used or located on
the subject property.
G.
Location, space and general layout.
(1)
MHPs shall be located on a well-drained site, to be approved by the
County, in the County's sole discretion, and all structures located
on such site shall be located so that the drainage will not endanger
any water supply. Layout shall assure adequate drainage away from
manufactured home lots. Access roads shall have channels or other
drainage structures so that ponding and other associated drainage
problems do not occur. No portion of a MHP other than parcel boundary
setback areas or undeveloped common areas shall be subject to flooding,
subsidence or erosion. The MHP shall be in conformity with all sanitary
regulations of the State Board of Health and shall be kept in a clean
and orderly manner by the owner or operator thereof.
(2)
MHPs shall be located on a parcel of land no less than five acres.
There shall be a minimum fifty-foot setback from the boundary of such
parcel upon which a MHP is located to any manufactured home lot. If
the parcel abuts a public street, there shall be a minimum of a one-hundred
fifty-foot setback from the public street to a manufactured home lot.
If a parcel does not adjoin a public street with at least 50 feet
of frontage a fifty-foot deeded right-of-way must be obtained to provide
access to the parcel. There shall be a maximum of 50 manufactured
home lots within a MHP. There shall be only one manufactured home
unit per manufactured home lot. Only one MHP shall be located on a
parcel zoned MHP. No manufactured home lot shall be closer than 300
feet to any existing residence unless written permission is obtained
from the owner of such residence.
(3)
Each manufactured home lot shall contain not less than 10,000 square
feet of ground and shall have no less than 50 feet of frontage on
an access road with unobstructed access to a public street. There
shall be a minimum twenty-five foot setback from an access road to
any structure and a minimum ten-foot setback from side and rear lot
lines to any structures.
(4)
It shall be unlawful to allow any manufactured home not on a lot
to remain in a MHP. All manufactured homes shall display a HUD seal
of approval or the seal of a testing facility approved by Virginia.
All manufactured homes shall meet the plumbing, electrical, building
and anchoring requirements of the USBC and Manufactured Home Safety
Regulations. All on-frame modular homes shall meet the USBC.
(5)
All manufactured homes shall be skirted so that no part of the undercarriage
shall be visible. Skirting shall be a solid continuous structure leaving
no open areas except vents for air circulation, capable of withstanding
a three-second gust of 90 miles per hour wind as per the USBC and
shall be completed prior to occupancy.
(6)
All manufactured homes within a MHP shall be used as single-family
residences only. The maximum number of residents per unit shall be
two residents per bedroom. A resident shall be considered any person
occupying a manufactured home for more than 120 consecutive days.
(7)
Access roads shall be provided to each manufactured home lot. Access
roads shall be continuous wherever possible, connect with a public
street or highway in a manner approved by the Virginia Department
of Transportation (VDOT) and shall have a minimum width of 25 feet,
with a base capable of supporting a minimum load of 30 tons on three
axles and at least a twenty-five-foot wide all-weather gravel surface.
Dead-end access roads, if necessary, shall be limited to 150 feet
in length, shall be provided with a cul-de-sac 60 feet in radius at
the outside of the curb and shall provide access to no more than three
manufactured home lots. Culs-de-sac shall be an "open" configuration,
without a raised island. A minimum of 25 feet in from the outside
curb shall be provided with an all-weather gravel surface on a base
capable of supporting a minimum load of 30 tons on three axles. Any
street, road or right-of-way providing means of ingress or egress
to the parcel on which a MHP is located shall be a minimum clearance
width of 50 feet and shall have a minimum width of all-weather gravel
surface of 25 feet. No road providing ingress or egress to a MHP or
access to manufactured home lots shall have any grade exceeding 12%.
(8)
The speed limit on access roads serving manufactured home lots shall
be 10 miles per hour and shall be posted where any road providing
ingress and egress to a MHP meets a road providing access to manufactured
home lots. "STOP or YIELD" signs or Stop lights shall control all
intersections between access roads, access roads and ingress or egress
roads and ingress and egress roads and public streets. The size, material
and coloration of the signs shall meet VDOT standards.
(9)
All roads providing ingress, egress or access to a manufactured home lot shall be named and signed. The name of the MHP and the name of each road shall be named according to the established guidelines and procedures set forth in §§ 127-4 and 127-8 of the Page County Code. Road identification signs of a design approved by the County shall be installed by the developer at all intersections. All other signage shall conform to the requirements of § 125-20 of the Page County Code. In addition, all lots shall be numbered and have addressing displayed per Page County Code requirements.
(10)
The County is authorized to require more than one fire apparatus
access road based on the potential for impairment of a single road
by vehicle condition, condition of terrain, climatic conditions or
other factors that could limit access.
(11)
Fire apparatus roads shall not be obstructed in any manner,
including parking of vehicles, which makes the pathway or access roads
narrower than required by ordinance.
(12)
All access roads must maintain a minimum vertical clearance
of 13 feet, six inches, at all times.
(13)
Any bridges, culverts or low water crossings must be designed
by an engineer certified in the State of Virginia and certified to
withstand a minimum of 30 tons of weight on three axles.
(14)
Each manufactured home lot shall have at least two paved or
graveled parking spaces located within the twenty-five-foot setback
from an access road and not closer than 10 feet to the manufactured
home. Additional areas shall be set aside within the MHP to accommodate
additional resident or visitor vehicles. Such parking areas shall
accommodate a total of at least one parking space per manufactured
home lot that has only two parking spaces and shall be paved or graveled.
Each parking space shall be no less than 10 feet wide by 20 feet long.
Only vehicles with current license plates, registration, and inspection
stickers shall by kept within a MHP. All vehicles kept within a MHP
shall be kept on a designated parking space. No vehicle shall occupy
more than one designated parking space.
(15)
Play areas shall be provided and restricted to such use. Each
play area shall be a minimum of 25,000 square feet. MHPs of more than
25 manufactured home lots shall provide an area of at least 1,000
square feet per manufactured home lot.
(16)
Each manufactured home lot shall have a Virginia Health Department
approved refuse container for weekly "curbside" pickup. If such service
is not provided, one or more refuse collection areas shall be provided.
Each refuse collection area shall be large enough to accommodate at
least one eight-yard, front-end dumpster and attending vehicle and
shall be emptied at least once each week. Such areas shall be paved
or graveled and compacted as required to support the size dumpster
used. Each refuse collection area shall be screened on three sides
by opaque fencing a minimum of six feet in height.
(17)
MHPs shall include a minimum of 25% of the gross parcel area
as dedicated common open area. Such area may be used for noncommercial
agriculture, gardening and recreation, including hiking trails, or
kept in its natural state. No more than 5% of such area may be covered
by impervious surface. No structures are allowed in such areas except
as strictly ancillary to the above uses. Parcel boundary setback area
and play areas may be included in the common open area. Parking areas,
roads and refuse collection areas shall not be included in the common
open area.
(18)
Vegetative screening shall be required in the parcel boundary
setback areas and shall consist of a minimum of two continuous rows
of alternating native evergreens and deciduous species planted at
ten-foot intervals, staggered. The requirement for deciduous species
may be waived if requested by the adjoining landowner and, if waived,
does not affect the total number of trees required. Such screening
shall be a minimum of three feet tall when planted and reach a height
of at least 35 feet when mature. Existing natural growth of mixed
evergreens and deciduous species may be acceptable if healthy and
of the aforementioned density and height requirements. All vegetative
screening shall be maintained alive and healthy.
H.
Accessory structures.
(1)
All accessory structures shall meet the setback requirements of a
MHP lot. Utility sheds must be completely enclosed, comply with all
applicable Zoning and Health Department regulations and building codes,
and shall not be placed in driveways or parking spaces. Aluminum sheds
are not permitted.
(2)
All manufactured home accessory structures shall meet the requirements
of the USBC.
(3)
Except in the case of an awning or other shade structure, where a
manufactured home accessory structure is attached to the manufactured
home unit, a substantial part of one wall of the accessory structure
shall be flush with part of the manufactured home unit or such accessory
structure shall be attached to the manufactured home by means of a
roof. Any such attachment to a manufactured home unit shall be made
only as recommended by the manufacturer.
(4)
Manufactured home accessory structures shall not exceed the height
of the manufactured home.
(5)
Any accessory structure placed on a manufactured home lot shall be
accessory only to the manufactured home.
(6)
Porches may be placed on manufactured homes, provided they are constructed
in accordance with the provisions of the USBC. As a minimum, a three-foot-by-three-foot
landing shall be required at each door and shall be in place prior
to final inspection and occupancy of the home. Any porch or deck over
three feet by three feet shall be considered a part of the main building
and shall meet main building setbacks.
(7)
No porches, decks, or accessory structures to any manufactured home
shall be constructed or erected without first obtaining proper permits
from the County.
I.
Water and sewer.
(1)
MHPs containing six units or less may be served by on-site water
and sewer systems. Such wells and septic systems shall be provided,
maintained, and operated as required by the Virginia Department of
Health, and be wholly located within the boundaries of the MHP. Such
on-site water and sewer shall serve only the MHP. Failure to comply
with all Virginia Department of Health requirements for the operation,
maintenance, testing and reporting shall be cause for suspension or
revocation of a MHP permit.
(2)
MHPs with more than six units shall be connected to public water
and sewer and must also have approved fire hydrants at each intersection
and at a distance not to exceed 600 feet in between hydrants.
J.
General appearance and safety. All structures, including fencing
and signage, shall be maintained in good repair. All vegetative buffers,
screening, landscaping plants and gardens shall be maintained alive
and healthy. No appliances other than barbecue grills shall be kept
outside manufactured home units. No outside fires shall be permitted
other than cooking fires, which shall be attended at all times. Exposed
ground surfaces in all parts of a MHP shall be paved or covered with
crushed stone or gravel or protected with a vegetative growth or other
natural growth that is capable of preventing soil erosion and eliminating
objectionable dust.
K.
Inspection.
(1)
The Health Officer, Building Official and Zoning Administrator are
hereby authorized and directed to make inspections at least once a
year to determine the condition of MHPs located within Page County.
Each year the authorized inspectors shall perform the legally imposed
duties relating to the regulation and licensing of the MHP, safeguarding
the health, safety and general welfare of occupants of the MHP and
of the general public, and determine whether or not the MHP is in
compliance with the provisions of this chapter and applicable state
laws and regulations. A written report of the conditions of the MHP
shall be filed with the office of the Zoning Administrator in the
month of December each year.
(2)
The Health Officer, Building Official and Zoning Administrator shall
each have the right and authority to enter at reasonable times upon
private property for the purpose of inspecting and investigating the
conditions relating to the enforcement of this chapter.
(3)
In the event the Health Officer, Building Official and/or Zoning
Administrator determine that the MHP is in violation of any provisions
of this chapter and applicable state laws and regulations, the County
official shall provide written notice to the owner of the MHP of all
violations and the owner shall have 15 days to cure all violations,
unless the County agrees to extend this time period.
(4)
Any of the County officials who are charged with the responsibility
of inspecting the MHP shall have the authority to suspend or revoke
any permit issued by such County official upon failure or refusal
of owner of the MHP to comply with the provisions of this chapter.
No permit shall thereafter be issued until full compliance shall have
been made.
(5)
In the event that any owner operating a MHP is not compliant with
the provisions of this chapter and applicable state laws and regulations,
such violations shall constitute a violation under the terms of this
chapter and the owner shall be subject to the penalties detailed herein.
L.
Site plan requirements.
(1)
A MHP application and preliminary site plan are required with a rezoning
request. Preliminary site plans shall meet the following requirements
and include the following information:
(a)
Site plans shall be legibly drawn to scale of no less than one
inch equals 100 feet.
(b)
A vicinity map showing the location and area of the proposed
MHP.
(c)
The boundary lines, area and boundary dimensions of the proposed
MHP including boundary setback areas.
(d)
The location and dimensions, if any, of all existing streets
and street right-of-ways, easements, water, sewage, drainage facilities
and other community facilities and utilities on and adjacent to the
proposed MHP.
(e)
Proposed layout, including entrance road and interior access
roads with dimensions, lot lines with dimension and areas of manufactured
home lots, common open areas, play areas, visitor or common parking
areas, refuse collection areas and any permanent structures such as
offices, recreation facilities and fences.
(f)
Plan for adequate drainage with street and lot plan designed
to avoid drainage problems. Proposed layout shall consider terrain
and its effect on adequate drainage away from the proposed lots and
in the design of roads with channels or drainage structures to assure
that ponding or other associated drainage problems will not occur.
(g)
The site plan shall be accompanied by a narrative statement
describing how the standards and requirements set forth herein are
to be met, a statement that there will be an adequate supply of potable
water from either a public water supply or from a private water system
conforming to all applicable laws, regulations, resolutions and ordinances,
and a statement that there will be an adequate sewer system. Both
statements on water and sewer shall have preliminary approval from
the health officials or director of public works where appropriate.
(h)
The location of any area within the one-hundred-year floodplain,
stream, open water body and water crossing.
(2)
Upon approval of a rezoning application and preliminary site plan,
a final site plan shall be submitted for approval. The final site
plan shall be in substantial accordance with the approved preliminary
site plan and shall include the following additional information:
(a)
The date of the site plan, the name of the surveyor or engineer
preparing it, and the number of sheets accompanying the plan.
(c)
Water, sewer, drainage and utility lines, including on-site
water and sewer systems (if any) and connections with dimensions shown.
(d)
The locations and dimensions of the manufactured home lots and
parking spaces.
(e)
The location and nature of firefighting facilities, including
hydrants, fire extinguishers and other firefighting equipment.
(f)
The location of dumpsters, fuel storage facilities and structures
of high flammability.
(g)
Where appropriate, there shall be a statement from the Health
Officer certifying approval of the water and sewer system.
(h)
The location and species of vegetative screening, buffers, and
landscaping (if any).
(i)
Stormwater management plan as required by the Virginia Stormwater
Management Program and/or as amended by the Page County Code.
(3)
The Health Official, Zoning Administrator, Emergency Services Officer
and VDOT must approve the final site plan prior to submission for
approval by the Building Department. If the MHP is connected to public
water and sewer, the Director of Public Works must also approve the
site plan prior to submission to the Building Department for approval.
M.
Bonding for construction of access roads and utilities. Prior to
obtaining final approval of a MHP site plan and before the issuance
of any permits for manufactured homes to be located in the MHP, the
owner or developer of the MHP shall submit to the County a surety
bond issued by a company licensed to do business in Virginia, or a
letter of credit, in the amount of the estimated cost of construction
of the entrance and access roads, utilities, and the manufacture and
installation of the approved road signs.
N.
Utilities and construction. All electrical, plumbing, mechanical,
fuel gas and building work shall be in compliance with USBC, the Virginia
Construction Code and the Virginia Manufactured Home Safety Regulations.
Any lighting that is provided on the MHP will be directed downwards,
so as to not produce a glare on adjoining properties.
O.
Registration. The owner of the MHP shall keep a registration book
and register all manufactured homes in the MHP. Such book shall be
available for inspection at all times by police, health officers and
the Building Official. The registration book shall include the name
of the owner and, if not owner occupied, the tenant occupying the
manufactured home, the owner's permanent address, if any, the number
of persons occupying the manufactured home, the lot number on which
the manufactured home is located, the state in which the manufactured
home is registered and the date of the arrival and departure of each
manufactured home.
P.
Posting license. Licenses obtained under the provisions of this chapter
shall be posted in a conspicuous place within the MHP so as to be
easily accessible for inspection by the public or any County officer
or law enforcement officer.
Q.
Mail service. Facilities for pickup and delivery of mail shall be
provided as required by the United State Postal Service.
R.
Nonconforming uses. Any trailer or trailer park as previously defined in § 109-1 of this Code, which chapter is being amended effective with the adoption of this section, or MHP existing at the time of adoption of this section may be continued although it does not conform to the standards and provisions contained herein. All such trailers, trailer parks and MHPs, however, must comply with the applicable USBC, Virginia Construction Code, Virginia Department of Health Regulations and Virginia Manufactured Home Safety Regulations. Page County shall have the right to require that any nonconforming trailer, trailer park or MHP be brought in compliance with the USBC by providing notice to the owner. Any nonconforming trailer park or MHP that is discontinued shall not be issued a permit for reestablishment except in conformance with this section. The owners of an existing trailer or manufactured home unit located in a trailer park or MHP may be issued a permit to replace it as long as it meets all requirements of this chapter, including compliance with the USBC. Expansion or alteration of a nonconforming trailer park or MHP shall be in conformance with this chapter.
S.
MHP rules and regulations. MHP owners and/or operators may maintain
standards and impose rules and regulations that are in addition to
and/or more restrictive than those required by this chapter. Enforcement
of such additional and/or more restrictive standards, rules, and regulations
is the responsibility of the owner and/or operator.
T.
Violations and penalties. Owners of a MHP found in violation of any
provision of this chapter shall be charged with a misdemeanor and,
upon conviction thereof, shall be subject to a fine not exceeding
$2,500 or imprisonment not exceeding 12 months or revocation of a
license or permit, or combination thereof. Every day in violation
hereof shall constitute a separate offense.
[Amended 6-19-2012; 2-6-2023]
A.
General. Notwithstanding any other section of this chapter to the
contrary, the regulations set forth in this section shall govern signs.
B.
Purpose and intent.
(1)
To regulate the type, size, height, and location of signage used
in the County so as to provide adequate opportunity for the identification
and promotion of and direction to businesses and institutions, while
preserving the County's rural, agricultural, historic, and scenic
character.
(2)
This section is intended to:
(a)
Minimize visual distractions to motorists using public and private
streets;
(b)
Reduce hazards that may be caused by signs overhanging or projecting
over public rights-of-way;
(c)
Protect property values;
(d)
Enhance the physical appearance of the County and preserve the
scenic and natural beauty of the community; and
(e)
Promote commerce and trade to create an attractive economic
and business climate.
C.
Interpretation, conflict and severability.
(1)
This section shall be interpreted in a manner consistent with the
First Amendment guarantee of free speech.
(2)
Where this section differs in any manner from the provisions of the
Virginia Uniform Statewide Building Code or any other ordinance or
regulation of the County, the ordinance, code, or regulation imposing
the greater restriction upon the use of any sign shall control.
(3)
Should any article, section, subsection, sentence, clause, or phrase
of this section, for any reason, be held unconstitutional or invalid,
such decision or holding shall not affect the validity of the remaining
portions hereof. It being the intent of Page County to enact each
section and portion thereof, individually, and each such section shall
stand alone, if necessary, and be in force regardless of the determined
invalidity of any section or provision.
D.
SIGN
SIGN AREA
SIGN, AWNING OR CANOPY
SIGN, BANNER
SIGN, FLAG
SIGN, FREESTANDING
SIGN HEIGHT
SIGN, MINOR
SIGN, MONUMENT
SIGN, OFF-PREMISES/BILLBOARD
SIGN, ROOF
SIGN, TEMPORARY
SIGN, WALL-MOUNTED
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any device, display, or structure that is visible from a
public place and that has words, letters, figures, designs, symbols,
logos, illumination, or projected images. The term "sign" shall not
include the following: architectural elements incorporated into the
structure or facade of a building; devices, displays, or structures
that are visible only from the inside of a building.
The total area devoted to conveying a message excluding any
border and trim, ornamental base or apron supports and other structural
members. Where signs employ appurtenances such as "pop-ups" and "cut-outs"
or objects that extend beyond the normal area, the area of such appurtenances
shall be measured separately and included in the total sign area.
The total sign area for a double-faced sign or a "V" type sign shall
be measured on the largest face of the sign; however, advertising
or other copy may be posted on both sides of such sign. (See Figures
F.3 and F.4.[1])
A sign that is mounted, painted, or attached directly on
the surface of an awning or canopy.
A flexible substrate on which copy or graphics may be displayed
with no permanent rigid backing. A banner sign is considered a temporary
sign.
A piece of cloth or similar material, typically oblong or
square, attachable by one edge to a pole or rope and used as a symbol,
decoration, or message; this includes pennants.
A rigid or semi-rigid sign principally supported by a structure
affixed to the ground, and not supported by a building, including
signs supported by one or more columns, poles or braces placed in
or upon the ground. (See Figure F.1.[2])
The height of a sign shall be measured from the average elevation
of the ground below the sign to the top point of the sign. Where the
location of a sign is lower than the street to which it is oriented,
the height may be increased by the difference in elevation, except
for off-site group signs. (See Figures F.1, F.2 and F.3.[3])
A wall or freestanding sign not exceeding four square feet
in area, not exceeding four feet in height, and not illuminated. Examples
include no-trespassing signs, displays of building address, security
warning signs, parking signs, and entrance/exit signs.
A rigid or semi-rigid sign placed directly on the ground
by means other than a support pole or brace in which the message portion
is either on top of, or affixed to the support structure. (See Figure
F.2.[4])
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered on a parcel of
land other than the one on which the sign is located.
A sign mounted on, and supported by, the main roof portion
of a building, or above the uppermost edge of a parapet wall of a
building and which is wholly or partially supported by such a building.
Signs mounted on mansard facades, pent eaves and architectural projections
such as canopies or marquees shall not be considered to be roof signs.
(See Figure F.5.[5])
A sign designed or intended, based on materials and structural
components, to be displayed for a specified or limited period of time,
regardless of type or style of sign. Examples include real estate
signs, yard sale signs, construction signs, contractor's signs, auction
signs, civic event signs, grand opening signs, direction to event
signs, banner signs, and special or one- time event signs per year.
A sign that is in any manner affixed to any exterior wall
of a building or structure and that projects no more than 18 inches
(457 mm) from the building or structure wall, including signs affixed
to architectural projections from a building, provided the copy area
of such signs remains on a parallel planed to the face of the building
facade or to the face or faces of the architectural projection to
which it is affixed. (See Figure F.5.[6])
[1]
Editor's Note: Said figures are included as an attachment to this chapter.
[2]
Editor's Note: Said figure is included as an attachment to this chapter.
[3]
Editor's Note: Said figures are included as an attachment to this chapter.
[4]
Editor's Note: Said figure is included as an attachment to this chapter.
[5]
Editor's Note: Said figure is included as an attachment to this chapter.
[6]
Editor's Note: Said figure is included as an attachment to this chapter.
E.
Permits. No sign, unless herein exempted, shall be erected, constructed
or altered until a permit has been issued by the County. Fees for
sign permits shall be in accordance with the schedule of fees adopted
by the Board of Supervisors, from time to time.
F.
General requirements. The following regulations shall apply to all
signs:
(2)
No sign, other than a sign approved or installed by the Virginia
Department of Transportation, shall be located within or over any
public right-of-way.
(3)
No sign, whether permanent or temporary, shall be attached to trees,
utility poles or other supporting structures, unless specifically
authorized by the Zoning Administrator.
(4)
Except in the case of shopping centers and corner lots, not more
than one permanent freestanding sign shall be permitted for each lot
or parcel.
(5)
Corner lots shall be entitled to one freestanding sign for each road
frontage; provided, however, that this provision shall not apply along
road frontages where restricted access easements are in place.
(6)
Signs shall be sized and/or located so as to not impair any sight
distance reasonably necessary for pedestrian or traffic safety, such
determination to be made by the Zoning Administrator and/or Virginia
Department of Transportation.
(7)
Signs may be lighted with nonglaring internal lights or may be illuminated
by shielded floodlights, which are directed downwards. Any sign with
light sources of such brightness as to constitute a hazard or nuisance,
as determined by the Zoning Administrator and/or Virginia Department
of Transportation, shall be prohibited.
(8)
A sign which revolves or moves, whether illuminated or not, which
has letter(s) or numbers shall not change at intervals of less than
five seconds. This shall include a clock or thermometer or similar
instrument with moving hands.
G.
Exemptions. A zoning permit for a sign is not required for:
(2)
Commemorative plaques and historical markers (a plate of metal, ceramic,
stone, wood, or other material, typically attached to a wall, stone,
or other vertical surface, and bearing text in memory of an important
figure or event) shall not exceed four square feet.
(3)
Private road signs.
(4)
Signs erected or required by a governmental agency.
(6)
Flags of the United States of America, Commonwealth of Virginia,
and the County are permitted. All other flags shall not exceed 100
square feet.
(7)
Signage on movable vehicle(s) licensed and properly insured and tagged
in the state of Virginia and ready for road use.
H.
The following regulations shall apply to all signs according to the zoning district in which they are located as referenced in § 125-20O:
(1)
No freestanding or monument sign shall exceed 160 square feet in
the Commercial or Industrial zoning districts or 50 square feet in
the Agriculture, Woodland-Conservation, and Park-Recreation zoning
districts. One freestanding or monument sign per street frontage shall
be allowed in the Agriculture, Woodland-Conservation, Commercial,
Industrial and Park-Recreation zoning districts. When determining
the location of such sign, consideration shall be taken into account
of the proximity to the entrance and the proximity to other signs.
(2)
Wall-mounted signs in the Commercial, Industrial, Woodland-Conservation,
Agriculture, and Park-Recreation zoning districts shall be permitted
to encompass 25% of the area of the wall to which the sign is attached,
provided the total area of the wall-mounted sign does not exceed 160
square feet.
(3)
Residential-zoned subdivision and mobile home park entrances are
permitted one monument-style or freestanding sign which is restricted
to identifying the subdivision not to exceed 30 square feet.
(4)
Multifamily dwellings are permitted one wall-mounted sign per building
not to exceed eight square feet, which solely identifies the building
name or addresses.
(5)
Awning or canopy sign length shall not exceed the length of the vertical
surface of the awning or canopy.
(6)
Roof signs are allowed only within the Industrial Zoning District,
unless a special use permit is obtained.
I.
Temporary signs. Temporary signs shall be up for no more than 90
days in any twelve-month period and shall be removed seven days after
the completion of the event/sale.
J.
Off-premises signs. Off-premises signs shall be prohibited in all
districts, except as follows:
(2)
Governmental signs such as traffic warning or regulatory signs or
signals.
(3)
Building identification, directional and informational signs for
public educational institutions, subject to the following restrictions:
(a)
Such signs shall be either a freestanding or a monument sign,
and shall be no more than 24 feet in height, and not more than 50
square feet in total size;
(b)
No more than one off-premises sign shall be permitted per public
educational institution;
(c)
Prior to the issuance of a permit pursuant to § 125-20E, the applicant must obtain and provide written consent of the landowner upon which the intended sign is to be placed;
(d)
Such signs shall be subject to the setback requirements as set forth in § 125-20F(1); and
(e)
Such sign must be located within five square miles of the public
educational institution.
K.
Signs prohibited in all districts.
(1)
Flashing.
(2)
Simulated traffic signals/signs, except VDOT signs.
(3)
Signs placed on vehicles or trailers which are parked or located
for the primary purpose of displaying said sign. (This does not apply
to allowed portable signs or signs or letters on buses, taxis, or
vehicles operating during the normal course of business.)
(4)
No signs shall be permitted on dumpsters which are either temporarily
or permanently located on property located within Page County limits
other than signs identifying the owner of the dumpster, which owner
must also be in the business of waste removal. The purpose of this
restriction is to prohibit use of dumpsters for the purposes of advertising.
L.
Maintenance and repair.
(1)
Condition of signs. All signs and structural components shall be
maintained in full repair and in an attractive condition.
(2)
Repair or removal of signs. Any sign declared by the County Building
Official to be a hazard to life or property may be ordered to be repaired
or removed. In addition, any sign in violation of this section, or
any sign which is not consistent with the intent of this section,
may be ordered to be repaired or removed. All costs for repair or
removal will be charged to the sign owner and/or the owner of the
property.
(3)
Removal of obsolete signs. Signs will be removed within 30 days of
discovery of being discontinued or obsolete. All costs will be charged
to the owner of the sign and/or the owner of the property.
M.
Special use permit. The Board of Supervisors may authorize the following
exceptions to these rules by special use permit in accordance with
all applicable procedural requirements: an increase in sign area and/or
sign height, a reduction in sign spacing, a variance to wall-mounted
location and/or roof signage.
N.
Nonconforming signs. Nonconforming signs once removed shall be replaced
only with conforming signs; however, nonconforming signs may be repainted
or repaired, provided that they do not exceed the dimensions of the
existing sign.
O.
Chart. The chart of sign type restrictions by zoning district is
as follows.[7]
[7]
Editor's Note: The chart of sign type restrictions by zoning district is included as an attachment to this chapter.
A.
Off-street parking.
(1)
Minimum parking requirements. Any building or other
structure used (including any existing building or structure subsequently
enlarged) and any lot used or occupied for any of the following purposes
shall be provided with the minimum off-street parking spaces as set
forth herewith.
(a)
Dwellings: two parking spaces for each dwelling
unit.
(b)
Churches, schools and theaters: one parking
space for every five seats provided.
(c)
Hotels and motels: one parking space for each
rental unit.
(d)
Eating establishments: one parking space for
every four seats or for each 50 square feet of gross floor area used
by the eating establishment, whichever shall require more spaces.
(e)
Retail stores: one parking space for each 200 square feet of gross floor area. (For shopping center, see § 125-18D.)
(f)
Wholesale establishments or warehouses: one
parking space for each employee in maximum shift, but at least one
space for each 5,000 square feet of gross floor area.
(g)
Manufacturing, industrial and general commercial
uses not otherwise specified: one parking space for each employee
on maximum shift, but at least one space for each 5,000 square feet
of gross floor area.
(h)
Offices (professional): one space for each 200
square feet of net rentable floor area.
(i)
Bowling alleys: five spaces for each lane.
(j)
Drive-in establishments: one space for each
50 square feet of gross floor area.
(k)
Hospitals: at least one space for every two
beds. The total number of beds shall include infants' cribs and children's
beds.
(l)
Wayside or roadside stand or market: at least
five spaces.
(m)
Other uses not specified: the same requirements
as for the most similar use listed or as determined by the Zoning
Administrator.
(2)
Parking lots. One or more parking lots may be designed
to service a multiple number of commercial uses, so long as the total
requirements shall be equal to the sum of the requirements of the
component uses computed separately.
(3)
Fractional space. When required parking computations
result in fractions, any fraction 1/2 or below may be disregarded,
and any fraction in excess of 1/2 shall be construed to require a
full space.
(4)
Reduction of existing parking. Off-street parking
facilities existing at the effective date of this chapter shall not
subsequently be reduced to an amount less than that required under
this chapter for the particular district in which the off-street parking
facilities are located.
(5)
Paving. All required parking areas and all access
drives for commercial or industrial uses shall have an all-weather
surface.
(6)
Services. No repair to or maintenance of vehicles
of any kind shall be permitted in any accessory parking facility,
with the exception of immediate emergency repairs.
B.
Off-street truck loading. On the same premises with
every building, structure or part thereof erected or occupied for
uses involving the receipt or distribution of vehicles, materials
or merchandise, there shall be provided and maintained on the lot
adequate space for standing, turning, loading and unloading services
in order to avoid interference with public use of streets and alleys.
[Amended 7-13-1999]
Outdoor commercial recreation area and facilities,
such as parks (except amusement parks), playgrounds, picnic grounds,
swimming clubs, riding stables or academies, country clubs, golf courses
and driving ranges or miniature golf courses are permitted by special
permit only if constructed and operated in conjunction with camps
and campgrounds, country clubs or golf courses permitted by special
permit subject to the following conditions:
A.
That no building or part thereof or any parking or
loading area shall be located within 35 feet of any street or lot
line.
B.
Upon application to allow for facilities sufficient
for providing food and beverage to guests specifically patronizing
the use granted by the special use permit, provided that such facilities
shall not be open to the general public. Private functions for providing
food and beverages at such facilities may be allowed by special use
permit.
C.
That such use shall occupy a lot with an area of not
less than three acres.
D.
That exterior lighting, other than that essential
for the safety and convenience of the users of the premises, shall
be prohibited. All exterior lighting shall be shielded from the view
of all surrounding streets and lots.
Gasoline service stations are subject to the
following requirements:
A.
All activities except those required to be performed
at the fuel pumps shall be performed within a completely enclosed
building.
B.
Fuel pumps may be located within the front yard, but
shall be at least 20 feet from any street line.
C.
All automobile parts, dismantled vehicles and similar
articles shall be stored or enclosed so as not to be visible to the
public.
Drive-in restaurants are subject to the following
requirements:
Car washing facilities are subject to the following
requirements:
A.
The Commission shall determine whether there exist
any areas which would be involved under the Federal Aviation Agency's
criteria for determining obstruction to air navigation. If there are,
they shall be marked on a copy of the Official Zoning Map in the office
of the Administrator. It shall be available to the public for examination.
B.
The Administrator shall prepare such height and other
regulations governing the construction of buildings within such areas.
They are to be consistent with the Federal Aviation Agency's recommendations.
Following approval by the governing body, the Administrator shall
enforce these regulations.
A.
Intent. Steep slopes pose special problems for normal
building construction and site development in terms of building foundations,
stormwater runoff control, soil erosion, stream siltation, flooding,
sanitary seepage, etc. These controls are intended to augment the
provisions of the primary zoning district.
B.
Boundaries of steep slope areas.
(1)
Steep slope areas over 25% in grade are derived from
United States Geological Survey (USGS) maps.
(2)
Studies and maps used to establish the boundaries
shall be available in the office of the Zoning Administrator.
(3)
The boundaries of the slope control area, as defined
above, shall be shown on the Official Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
C.
Overlay concept.
(1)
The slope control area shall be deemed an overlay
on any zoning district now or hereafter applicable to any lot.
(2)
Should the slope control area be declared inapplicable
by allowable legislative or administrative actions or judicial directions,
the zoning applicable to such lot shall be deemed to be the district
in which it is located without consideration of this section.
D.
Uses permitted shall be as follows:
(1)
Parks, outdoor recreation.
(2)
Agriculture, wildlife sanctuary, game farms, etc.
(3)
Pasture, grazing animals according to recognized soil
conservation practices.
(4)
Front, side and rear yards and required lot area in
any district, provided that such yards are not used for on-site sewage
disposal systems.
(5)
Electric facilities operating at 40 kilovolts or below.
E.
Uses permitted by special permit shall be as follows:
(1)
Buildings permitted in the primary district, provided
that:
(a)
Buildings or structures and roads located on
a slope of 25% or more in grade require a plan showing the topography,
building location, drives, sanitary facilities, foundation, drainage,
planting schedule, grading plan prepared by an architect or landscape
architect or engineer and a statement as to how problems of constructing
possible erosion barriers, stream siltation, soil stabilization or
revegetation are to be overcome.
(b)
Buildings requiring on-lot sanitary facilities
require Health Department approval.
(2)
Electrical facilities operating above 40 kilovolts.
F.
Issuance of zoning permit. A zoning permit shall not
be issued for a steep slope area development until the County Engineer
and/or appropriate authority has certified that the conditions on
the lot are as actually stated on the plan and that the plan as proposed
actually resolved the problems arising from the steep slope condition.
G.
Recording of permits. The Zoning Administrator shall
maintain a separate file for all zoning permits in areas subject to
these regulations.
[Amended 12-12-1994]
H.
Boundary disputes and appeals procedures.
(1)
Should a dispute concerning the boundaries arise,
an initial determination shall be made by the Zoning Administrator.
(2)
Any party aggrieved by this decision, claiming the criteria used for delineating the boundary in Subsection B is or has become incorrect because of changes due to natural or other causes, may appeal to the Board of Zoning Appeals.
(3)
The burden of proof shall be on the appellant.
(4)
All changes approved in boundaries shall be made on
the Official Zoning Map.
(5)
If a landowner believes that his land should not be
included in the slope control area, he must present to the Board of
Zoning Appeals appropriate testimony from a professional engineer
that his land should not be considered as part of said area.
I.
County liability. The grant of a zoning permit or
approval of a subdivision plan in the slope control area shall not
constitute a representation, guaranty or warranty of any kind by the
County or by any official or employee thereof of its practicability
or safety of the proposed use and shall create no liability upon the
County, its officials or employees.
[Added 7-9-1990]
Manufactured homes may be allowed in subdivisions within the County as defined and approved pursuant to Chapter 100, Subdivision of Land, of the Code of the County of Page, Virginia, or as previously platted and recorded as subdivisions prior to enactment of Chapter 100, and the Board of Supervisors shall consider the following criteria upon application for a special use permit:
A.
The existence of any restrictive covenants prohibiting
the location of manufactured homes in the subdivision, and if any
such covenant exists at the time of application for the special use
permit, then such application shall be denied.
B.
The number of manufactured homes existing in the subdivision
for which application is being made.
C.
Consent of adjoining landowners.
D.
The position of other landowners in the subdivision,
including any position taken by the property owners association of
the subdivision.
E.
Other criteria which may assure the enforcement of
any other provisions of this section and the intent of this section.
[1]
Editor's Note: Former § 125-30, Storage buildings,
added 4-11-1994 and amended 12-19-2006, was repealed 3-20-2023.
[Added 5-14-2002]
Applications for special use permits to construct
electrical facilities above 40 kilovolts may be made by filing one
special use application for the entire route of the transmission line
or electrical facility, rather than on a parcel-by-parcel basis.
[Added 5-14-2002]
A.
Motorsports facilities as defined in § 125-4 shall be subject to the following application and design requirements. These requirements shall supplement the applicable general zoning district regulations found in Article IV of this chapter and the standards and procedures for special use permits found in § 125-54 of this chapter.
B.
Practice, training, and other instruction related to competitive
or noncompetitive operation of automobiles, trucks, motorcycles, and
other motorized vehicles and machinery shall be permitted as an accessory
use of a motorsports facility.
[Added 6-17-2024[1]]
C.
All special use permit applications for motorsports
facilities shall contain the following information at the time of
submission. The Administrator may request any additional information
deemed necessary for the Commission's review of the application:
(1)
A conceptual site plan of the property that
shows the approximate location, scale and character of all proposed
site features and facilities, including, but not limited to, all areas
devoted to racing, maintenance, spectator seating, parking, vehicle
and pedestrian access and circulation, camping, and concessions. Proposals
for site landscaping, buffering and lighting shall be included on
the plan. The conceptual plan shall also show the relationship of
all proposed features and facilities to surrounding uses and properties.
(2)
A preliminary grading plan that shows the existing
and proposed topography of the site, including the elevations of all
proposed facilities and features, and their relationship to the elevation
of surrounding properties and uses.
(3)
A detailed written narrative describing:
(a)
All proposed uses of the property, including
the frequency of each use proposed and the anticipated hours of operation
for each use.
(b)
The types of motorsports events proposed and
the types of vehicles involved in each event.
(c)
Plans for providing safety and security on the
property during all proposed events.
(d)
Plans for the provision of public water and
sewer to the property, or if public facilities are not proposed, methods
by which potable water shall be provided and sewage shall be disposed.
(e)
Plans for the abatement of noise generated by
the use and operation of the property, with information on methods
to be employed.
(f)
Plans for the mitigation of lighting impacts
on surrounding and nearby properties.
(g)
Plans for the adequate management of traffic
generated by the proposed use, including an analysis of existing traffic
patterns in the area, and any plans or proposals for off-site traffic
improvements.
D.
All proposals for motorsports facilities shall meet
the following minimum standards; however, stricter standards may be
established as a condition of the issuance of special use permit:
(1)
A minimum lot size of 50 acres shall be provided.
(2)
All proposed uses, structures, and other developed
or activity areas shall be located at least 100 feet from any adjoining
property line.
(3)
All exterior lighting on the property shall
be designed, located and arranged so as not to direct glare on adjoining
streets or properties. Lighting intensity at adjoining property lines
shall not exceed 0.5 footcandles.
(4)
Unless noise levels are specifically addressed
in the special use permit, no recurrent or sustained noise generated
from the operation of the motorsports facility shall exceed 80dB(A)
when measured from any adjoining property line. Noise levels specifically
addressed in a special use permit shalt take precedence over the maximum
80dB(A) listed in this Code section.
[Amended 3-20-2012]
[Added 4-8-2003]
B.
Statement of purpose. The purpose of the regulations
and requirements of this section are to:
(1)
Accommodate the communication needs of the residents
and businesses while protecting the public health, safety and general
welfare;
(2)
Facilitate the provision of wireless communications
facilities through careful siting and design standards;
(3)
Minimize adverse visual effects of wireless
communications facilities through careful siting and design standards;
(4)
Avoid potential damage to adjacent properties
from the construction and operation of wireless communications facilities
through structural standards and setback requirements;
(5)
Maximize the use of existing and approved towers,
buildings, or structures to accommodate new wireless communications
antennas to reduce the number of towers needed to serve the industry;
and
(6)
Provide incentive for siting of towers on County-owned
or County-controlled land or structures.
C.
Applicability.
(1)
Preexisting towers and antennas. Any tower or
antenna in existence prior to the effective date of this section shall
not be required to meet the requirements of this section. Any addition
to a preexisting tower or antenna shall comply with all applicable
requirements of this section.
(2)
Amateur radio; receive-only antennas. This section
shall not govern the installation of any tower or antenna that is
owned and/or operated by a federally licensed amateur radio operator
or is used exclusively for receive communications. Commercial antennas
attached to such a tower or any tower modification made for the purpose
of accommodating such an antenna shall comply with all applicable
requirements of this section.
D.
General provisions.
(1)
All towers and antennas shall comply with all
applicable rules and regulations of the FCC and FAA and any other
federal agency with the authority to regulate towers and antennas.
(2)
Design and installation of all towers and antennas
shall comply with the manufacturer's specifications and with ANS/TIA/EIA
standards. Plans shall be approved and stamped by a professional engineer
registered in the State of Virginia.
(3)
Leased sites. Written authorization for establishing the wireless communications facilities on leased property from a property owner shall be provided as set forth in § 125-30.3H(6).
(4)
All wireless communications facilities must
be adequately insured for injury and property damage. Proof of insurance
with the County named as an additional insured shall be provided for
those located on County-owned or County-controlled property.
(5)
All unused towers and antennas must be removed
within 12 months of cessation of operation or use, unless the Zoning
Administrator provides a written exemption. After the facilities are
removed, the site shall be restored to its original condition, or
as close as possible, and anchoring elements shall be removed to within
four feet of ground level. If removal and/or restoration is not completed
within 90 days of the expiration of the twelve-month period specified
herein, the County is authorized to complete the removal and site
restoration, and the cost shall be assessed against the property as
a special assessment.
(6)
Proposals to erect new towers and antennas shall
be accompanied by any required federal, state, or local agency licenses
or applications for such licenses.
(7)
Applications to place multiple towers upon a
single parcel shall require credible evidence that collocation on
a single tower is not practical. Any application for multiple towers
shall require a hearing before the Planning Commission and Board of
Supervisors.
(8)
Towers shall be self-supporting monopoles or
nonguyed lattice towers except where satisfactory evidence is submitted
to the Planning Commission that a guyed tower is required.
(9)
Towers shall meet the minimum standards of matte
nonbuffed or nonreflective type finish or stealth structure.
(10)
For new towers the County will have the option
of collocating public safety communications equipment and antennas
on this site for future growth and upgrade of the radio system, including
law enforcement communications.
E.
Prohibitions/Limitations.
(1)
Temporary mobile communications sites and equipment
may be permitted on a case-by-case analysis by the Board of Supervisors
and shall be limited to 90 days unless authorization is extended in
writing by the Zoning Administrator.
(2)
No advertising message/sign shall be affixed
to any tower or antenna.
(3)
Towers shall not be artificially illuminated
unless required by FCC or FAA regulations.
(4)
No part of any tower or antenna except for guy wires and anchors shall extend beyond the fenced enclosure required under § 125-30.3G(6).
(5)
No tower shall exceed 199 feet in height unless
determined by the governing body that a larger tower is more preferable.
(6)
Each tower should allow for a minimum of seven
collocations.
F.
District requirements. Wireless communications facilities shall be allowed in the following districts and subject to the limitations set forth in this section. Current § 125-13H of the Zoning Ordinance, Code of Page County, is hereby repealed.
(1)
Park-Recreation (§ 125-8E), Woodland-Conservation [§ 125-9D(7)], Agricultural [§ 125-10D(10)], Commercial [§ 125-12D(10)], Industrial (§ 125-13H).
(b)
The following are permitted with a special use permit issued under this section and §§ 125-8E, 125-9D(7), 125-10D(10), 125-12D(10) and 125-13:
G.
Performance standards.
(1)
General. Except as provided in this section,
all wireless communications facilities shall meet the requirements
of the zoning district in which they are to be located.
[Amended 7-17-2023]
(2)
Setbacks and separation.
[Amended 7-17-2023]
(a)
Tower structures shall be set back from the
property line a distance equal to the height of the tower. The setback
may be reduced to 1/10 the height of the tower if the applicant submits
a report stamped by a professional engineer registered in the State
of Virginia that certifies that the tower is designed to collapse
upon failure within the distance from the tower to the property line
and the reduced setback is approved by the Board of Supervisors.
(b)
Towers shall not be located within 500 feet
of any residence other than the residence(s) on the parcel on which
the tower is to be located.
(3)
Collocation/Sharing of facilities.
(a)
No new tower shall be permitted unless the applicant
demonstrates to the reasonable satisfaction of the governing authority
that no existing tower or structure can accommodate the applicant's
proposed antenna. Supporting evidence may consist of any of the following
conditions:
[1]
No existing towers or structures are located
within the geographic area required to meet the applicant's engineering
requirements.
[2]
Existing towers or structures are not of sufficient
height and/or strength to meet the applicant's engineering requirements.
[3]
The applicant's proposed system would cause
electromagnetic or radio frequency interference with the existing
system, or the existing system would interfere with the applicant's
proposed system.
[4]
The fees, cost, or contractual provisions required
by the owner to share an existing tower or structure, or to adapt
an existing tower or structure for sharing, are unreasonable. Fees,
costs, and contractual provisions are considered reasonable if they
conform to the current standards of the industry and to the local
Page County market and do not exceed the construction and leasing
cost of new tower development.
[5]
The applicant demonstrates that there are other
limiting factors that render existing towers or structures unsuitable.
(b)
The holder of a permit for a tower shall allow
collocation for at least seven additional users and shall not make
access to the tower and tower site for the additional users economically
unfeasible. If additional user(s) demonstrate (through an independent
arbitrator or other pertinent means, with the cost to be shared by
the holder of the permit and the proposed additional user) that the
holder of a tower permit has made access to such tower and tower site
economically unfeasible, then the permit shall become null and void.
(4)
Screening and landscaping. The tower location
shall provide for the maximum amount of screening of the facilities.
The site shall be landscaped and maintained with a buffer of plant
materials that effectively screens the view of all tower accessory
structures, equipment and improvements at ground level from adjacent
properties. The standard buffer shall consist of a landscaped strip
at least four feet wide outside the perimeter of the area where tower
accessory structures and equipment are located at ground level. It
shall be the permit holder's responsibility to maintain the buffer
area. In locations where visual impact of the tower would be minimal
the landscaping requirement may be reduced or waived by the governing
authority.
(5)
Camouflaged towers and related facilities are
encouraged and may be required in historical, environmental or other
sensitive areas as determined by the Planning Commission.
(6)
Security fencing, lighting, and signs.
(a)
All towers shall be reasonable protected against
unauthorized access, such as with fencing.
(b)
Security lighting for on-ground facilities is
permitted, as long as it is shielded to keep light within the site.
(c)
Signs shall be mounted on the fenced enclosure,
on or adjacent to the gate prohibiting unauthorized entry, warning
of the danger from electrical equipment and/or unauthorized climbing
of the tower. It shall also identify the owner of the tower and a
telephone contact number in case of emergency.
(7)
Parking and access. Adequate parking spaces
shall be provided on each site so that parking on the public road
right-of-way will not be necessary. Any new access shall require approval
by the VDOT.
H.
Permit requirements.
(1)
The construction or installation of any wireless
communications facilities requires a zoning permit or special use
permit under this section.
(2)
Zoning permits. Uses and facilities permitted
under this section may be authorized by the Zoning Administrator upon
the submittal and approval of a properly completed application for
a zoning permit.
(3)
Special use permits. Uses and facilities requiring
a special use permit under this section may be authorized by the Planning
Commission and Board of Supervisors upon the submittal and approval
of a properly completed application and public hearing.
(4)
Applications. All applications for building
and zoning permits for new wireless communications facilities shall
include the following information:
(a)
A report stamped by a professional engineer
registered in the State of Virginia and other professionals which:
[1]
Describes the tower height and design, including
cross-section, elevation and foundation design.
[2]
Certifies the facility's compliance with structural
and electrical standards.
[3]
Describes the tower's capacity, including the
potential number and type of antennas it can accommodate.
[4]
Identifies the location of all sites that were
considered as possible alternative to the proposed site.
[5]
Describes the lighting to be placed on the tower
if required by the FCC or FAA.
[6]
Certifies that the applicant or tenant has a
valid license from the FCC to operate the proposed facility and identifies
the license holder.
[7]
Describes how the requirements and standards
of this section will be met by the proposed facilities.
(5)
Each application shall include a facility plan.
The County will maintain an inventory of all new wireless communications
site installations. All providers will provide the following information
in each plan. The plan must be updated with each submittal as necessary.
(a)
Written description of the type of consumer
services each provider will provide to its customers (cellular, PCS,
paging or other anticipated wireless communications services).
(b)
Provide a list of all existing sites, existing
sites to be upgraded or replaced, and proposed sites within the County
for these services to be provided by the provider.
(c)
Provide a map of the County, which shows the
geographic service areas of the existing and proposed sites.
(6)
Landowner acknowledgment: written acknowledgment
by the landowner of a leased site that he/she will abide by all applicable
terms and conditions of the zoning or special use permit, including
the restoration and reclamation requirements of this section. Such
acknowledgment shall be applicable to all future landowners.
(7)
Additional information and analysis.
(a)
The Planning Commission or Board of Supervisors
may, at its discretion, reasonably require visual impact demonstrations,
including mockups and/or photo montages, screening plans, network
maps, alternate site analysis, lists of other nearby wireless communications
facilities, or facility design alternatives for the proposed facilities.
(b)
The Planning Commission or Board of Supervisors
may employ, on behalf of the County, an independent technical expert
with sufficient credentials and qualifications to review technical
materials submitted by the applicant or prepare any technical materials
required but not submitted by the applicant. The applicant shall pay
the reasonable costs of such review and/or independent analysis.
(8)
A zoning permit for a telecommunications facility
shall expire 12 months after issuance if the tower and/or supporting
facilities have not been erected. An extension of time, not to exceed
six months per request, may be granted by the Zoning Administrator
or his/her designee due to unforeseen or extenuating circumstances.
No fee will be charged for an extension.
(9)
If the application for zoning and building permit
is approved, the applicant must certify that a detailed engineering
soils report has been completed and the design of the tower foundation
is based on that report.
I.
Transferability. Permits issued under this section
shall be transferable, and all subsequent holders of such permits
shall be subject to all applicable requirements of this section and
any permit conditions that may exist. Written notice shall be made
to the Zoning Administrator within 30 days of such transfer.
J.
Severability. If a court of competent jurisdiction
adjudges any portion of this section invalid, the remainder of this
section shall not be affected.
K.
ALTERNATIVE SUPPORT STRUCTURE
ANS/TIA/EIA
ANTENNA
APPLICANT
CAMOUFLAGED TOWER
CARRIER
COLLOCATION
FAA
FCC
GUYED TOWER
HEIGHT
MONOPOLE
NONCONFORMING
PLATFORM
PROVIDER
SATELLITE DISH
TELECOMMUNICATIONS FACILITY
TOWER
TOWER ACCESSORY STRUCTURE
WIRELESS COMMUNICATION/TELECOMMUNICATIONS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Clock towers, steeples, silos, light poles, water towers,
electric transmission towers, buildings or similar structures that
may support telecommunications facilities.
American National Standard/Telecommunication Industry Association/Electronic
Industrial Association.
Any device or equipment used for the radiation or gathering
of electromagnetic waves, which may include omnidirectional antenna
(rod), directional antenna (panel) or parabolic antenna (dish), but
excludes satellite antennas with diameters of two feet or less.
Any person, carrier/provider, firm, partnership, or company
who or which files an application for any permit required by this
section for the construction, replacement, or alteration of the wireless
telecommunications facility or any component thereof.
Any telecommunications tower that due to design or appearance
blends the tower into the surrounding environment; hiding, obscuring,
or otherwise concealing the presence of the tower and antennas.
Companies licensed by the FCC to build personal wireless
telecommunications facilities and operate personal wireless telecommunications
services. Also called "provider."
The location of more than one antenna or set of antennas
of more than one government or commercial wireless communications
service provider on the same tower structure.
Federal Aviation Administration.
Federal Communications Commission.
A telecommunications tower that is supported in whole or
in part by guy wires and ground anchors or other means of support
besides the superstructure of the tower itself.
The distance measured from ground level to the highest point
on any tower or structure, including any antenna.
A telecommunications tower or a single-pole design, with
no other means of support besides the superstructure of the tower
itself.
Any telecommunications facility that was in existence prior
to the adoption of this section and that has not been issued a special
exception permit or was issued a special exception permit prior to
the adoption date of this section.
A support system that may be used to connect antennas and
antenna arrays to telecommunications towers or alternative support
structures.
See "carrier."
A device incorporating a reflective surface that is solid,
open mesh, or bar configured that is a shallow dish, cone, horn, or
cornucopia shaped and is used to transmit and/or receive electromagnetic
signals. This definition is meant to include, but is not limited to,
what are commonly referred to as "satellite earth stations," "TVRO's"
and "satellite microwave antennas."
A facility, site, or location that contains one or more antennas,
towers, alternative support structures, satellite dish antennas, other
similar devices, and support equipment which is used for transmitting,
receiving, or relaying telecommunications signals, excluding exempted
facilities.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas (or is itself an
antenna), including guy towers, monopole towers and self-supporting
lattice towers and any support.
Any structure located at the base of a tower for housing
base receiving/transmitting equipment.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996, including FCC-licensed commercial
wireless telecommunications services such as cellular, personal communications
services (PCS), specialized mobile communications (GSM), paging and
similar services that currently exist or may be developed.
[Added 6-10-2003]
A.
Portable or commercial sawmills, chipping mills, or shaving mills as defined in § 125-4 shall be subject to the following application and design requirements. These requirements shall supplement the applicable general zoning district regulations stated in Article IV of this chapter and the standards and procedures for special use permits stated in § 125-54 of this chapter.
B.
Each portable or commercial sawmill, chipping mill,
or shaving mill shall be subject to the following:
(1)
No structure and no storage of lumber, logs,
chips, or timber shall be located closer than 100 feet to any lot
line.
(2)
No saw, planer, chipper, conveyor, chute, or
other like machinery shall be located closer than 200 feet to any
dwelling on other property in the area.
(3)
No sawing, planing, chipping, or other operation,
or other processing machinery shall be conducted between 7:00 p.m.
and 7:00 am. No loading or unloading or processing of wood products
shall occur between 12:00 midnight and 7:00 a.m.
(4)
All timbering and milling operations, including
reforestation or restoration and disposal of timber stumps, sawdust,
and other debris, shall be conducted in accordance with Title 10.1
of the Virginia Code and the regulation of the Virginia Department
of Forestry.
C.
A special use permit shall be required for the operation
of any sawmill, chipping mill, or shaving mill existing at the date
of enactment of this section in an Agricultural District or Woodland
Conservation District if, hereafter, timber is processed thereon other
than timber cut from that real estate on which the mill is located
or from real estate immediately contiguous or adjacent thereto.
[Added 2-17-2009]
A.
Permitted uses. Notwithstanding any other provision
of this chapter to the contrary, age-restricted communities shall
consist of single-family detached and/or duplex residential dwelling
units meeting the standards and requirements set forth in this section,
and shall exclude townhouses and multifamily apartments. Secondary
uses may include property management offices, recreational facilities,
community centers and associated parking facilities, provided that
such uses are for residents of the community and their invitees only.
B.
Water and sewer. The proposed development shall be
served by public water and sewer systems.
C.
Access. Principal vehicular traffic access to the
community shall be a minimum of two entrances on two separate exterior
roadways.
D.
Area and bulk regulations. Age-restricted communities
shall conform to all of the requirements as herein established:
|
Requirement
| ||
|
Minimum gross area (acres)
|
20
| |
|
Minimum lot size (square feet)
|
10,000
| |
|
Minimum lot width at the building line (feet)
|
50
| |
|
Building coverage of gross land area (percent)
|
40%
| |
|
Minimum front yard (feet)
|
30
| |
|
Minimum side yard (feet)
|
8
| |
|
Minimum rear yard (feet)
|
25
| |
|
Maximum dwelling units per gross acre
|
3
| |
|
The minimum width of any side yard abutting
a street (feet)
|
30
| |
|
Minimum common open space (not including parking,
roads, or driveway areas) intended to provide light and air and designed
for scenic, buffer, stormwater management, recreational and community
purposes (percent of gross area)
|
20%
|
E.
The following shall also apply:
(1)
Age restrictions. Except to the extent otherwise
prohibited by the Virginia Fair Housing Law, the Federal Fair Housing
Amendments Act, or other applicable federal, state or local legal
requirements, all single-family dwelling (age-restricted) communities
shall be restricted to "housing for older persons" as defined in Va.
Code Ann. § 36-96.7, as that section may be amended, or
a surviving spouse not so qualifying.
(a)
All other residents of any such dwelling must
reside with a full-time resident who is 55 years of age or older,
and must be a spouse, a cohabitant, an occupant's child, grandchild
or ward 18 years of age or older, or must be one providing primary
physical or economic support to the qualifying full-time resident.
Notwithstanding this limitation, a person hired to provide live-in,
long-term or terminal health care to a person who is 55 years of age
or older for compensation may also occupy the dwelling during any
time such person is actually providing such care.
(b)
Guests under the age of 55 are permitted for
periods not to exceed 90 days total for each such guest in any calendar
year.
(c)
If title to any lot or unit shall become vested
in any person under the age of 55 by reason of descent, distribution,
foreclosure or operation of law, the age restriction set forth herein
shall not work a forfeiture or reversion of title, but rather such
person thus taking title shall not be permitted to reside in such
dwelling until he or she shall have attained the age of 55 or otherwise
satisfies the requirements as set forth herein. The foregoing notwithstanding,
a surviving spouse shall be allowed to continue to occupy a dwelling
unit without regard to that spouse's age.
(2)
Open space.
(a)
Usable open space devoted to recreational use
as herein permitted shall be designed for use by residents of the
community and shall be improved by the developer or assigns in accordance
with final site plans.
(b)
Usable open space shall not include front and/or
rear yards of an individual dwelling unit unless subject to an open
space easement for that purpose.
(3)
Homeowners' association.
(a)
The developer shall establish a homeowners'
association under Chapter 26 of Title 55 of the Code of Virginia (1950),
as the same may be amended, supplemented or replaced from time to
time ("association") prior to the sale of any lots.
(b)
In addition to any other rights and responsibilities
included in the association's articles of incorporation, the association
shall:
[1]
Manage all open space and recreational
and cultural facilities, provide for the maintenance, administration
and operation of all common land and community improvements within
the planned community and secure adequate liability insurance with
regard to such;
[2]
Monitor and enforce the age-restrictive
covenants as provided in Subsection (E)(1) above.
[Added 6-16-2009]
Child day centers, as defined, and family day homes with six
or more unrelated children shall adhere to the following:
A.
Parking.
One space shall be provided for every six children, plus one space
per employee.
B.
No such
use shall operate without the required license by the Virginia Department
of Social Services. It shall be the responsibility of the owner/operator
to transmit to the Zoning Administrator a copy of the original license.
Failure to do so shall be deemed willful noncompliance with the provisions
on this chapter.
C.
Periodic
inspection of the premises shall be made by the Page County Building
Official, at his or her discretion.
D.
These
provisions are supplementary, and nothing stated herein shall be deemed
to preclude application of the requirements of the Virginia Department
of Social Services, Virginia Department of Health, Virginia State
Fire Marshal or any other local, state or federal agency.
[Added 6-16-2009]
In addition to all other requirements, any adult business shall
conform to the following requirements:
A.
The business shall be located at least 2,000 feet away from any residential
zoning district and at least 2,000 feet from the property line of
any land used for any of the following:
(1)
Residential;
(2)
A residential care facility;
(3)
A day-care center;
(4)
A public or private school;
(5)
A public park;
(6)
A community center;
(7)
A public or private library, museum or cultural center;
(8)
A place of worship or religious institution;
(9)
A hotel, motel, bed-and-breakfast, boardinghouse or tourist
home; or
(10)
Any other adult business.
B.
Such uses shall not be permitted in shopping centers and/or multitenant
buildings.
C.
Adult merchandise shall not be visible from any point outside the
establishment.
D.
Signs or attention-getting devices for the business shall not contain any words or graphics depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in § 125-4 of this chapter.
E.
Adult merchandise shall be located in a conspicuously marked separate
room or other area inaccessible to persons under 18 years of age.
If access to the establishment is limited to persons at least 18 years
of age, the requirements of this subsection shall be deemed satisfied.
F.
Hours of operation shall be limited to between 9:00 a.m. and 12:00
midnight.
[Added 10-20-2009[
A.
Wind energy test equipment is allowed to be placed on a parcel of
land for no longer than a thirteen-month period.
B.
Setbacks. The system shall be set back a distance equal to the height
of the tower plus the blade length from all adjacent property lines.
No part of the system, including guy wire anchors, may extend closer
than 15 feet to the property boundaries of the property.
C.
Height. The tower height shall not exceed a maximum height of 65
feet on a parcel of less than five acres, or a maximum height of 80
feet on a parcel of five acres or more.
D.
Lighting. Wind turbines shall be lighted only if required by the
Federal Aviation Administration.
E.
Signs. No signs, lettering, symbols, images or trademarks shall be
placed on or affixed to any part of a wind energy system, other than
as required by law and excepting those necessary to identify the owner,
provide a twenty-four-hour emergency contact phone number, and warn
of any danger. The maximum size allowed shall be four square feet,
which shall extend no higher than 10 feet.
F.
Proof of liability insurance. The applicant shall be required to
provide evidence of liability insurance in an amount and for a duration
sufficient to cover loss or damage to persons and structures occasioned
by the failure of the facility, whether or not the applicant is participating
in the net metering program.
G.
Sound levels. Wind energy systems shall not exceed 60 decibels, as
measured at the closest property line. The level, however, may be
exceeded during short-term events, such as utility outages and/or
severe windstorms.
H.
Shadow/flicker. Wind energy systems shall be sited in a manner that
minimizes shadowing or flicker impacts. The applicant has the burden
of proving that this effect does not have significant adverse impact
on neighboring or adjacent uses through either siting or mitigation.
I.
Land clearing, soil erosion and habitat impacts. Clearing of natural
vegetation shall be limited to that which is necessary for the construction,
operation and maintenance of the wind facility and which is otherwise
prescribed by applicable laws, regulations and ordinances.
J.
Construction to prevent interference. The wind energy system generators
and alternators should be constructed so as to prevent the emission
of radio and television signals and shall comply with the provisions
of Section 47 of the Federal Code of Regulations, Part 15 and subsequent
revisions governing said emissions.
K.
Visual appearance of the tower. Wind energy towers shall maintain
a galvanized steel finish, unless FAA standards require otherwise,
or if the owner is attempting to conform the tower to the surrounding
environment and architecture, in which case it may be painted to reduce
visual obtrusiveness. Monopole towers are the preferred type of support
for the wind facilities.
L.
Facility conditions. The applicant shall maintain the wind facility
in good condition. Maintenance shall include, but not be limited to,
painting, structural repairs, and site access.
M.
Clearance. The minimum distance between the ground and any protruding
blades utilized on a wind energy system shall be 15 feet, as measured
at the lowest point of the arc of the blades. The lowest point of
the arc of the blade shall be 10 feet above the height of any structure
within 150 feet of the base.
N.
Utility notification. No wind energy system shall be installed until
evidence has been given that the utility company has been informed
of the customer's intent to install an interconnect customer-owned
generator. Off-grid systems shall be exempt from this requirement.
O.
Removal of defective or abandoned wind energy systems. Any wind energy
system found to be unsafe by the Building Official shall be repaired
by the owner to meet federal, state, and local safety standards or
removed within 150 days. Any wind energy system that has reached the
end of its useful life or has been abandoned or not operated for a
continuous period of 24 months shall be removed (including wind turbines,
buildings, cabling, electrical components, roads, etc.) within 150
days of receipt of notice from the County. If a wind turbine has been
removed, the site shall be stabilized or revegetated to minimize erosion.
[Added 5-17-2011]
A.
Purpose. Because there are citizens of Page County who desire to
maintain the remains of their loved ones on their own property, it
is a public benefit to provide a method to create and document the
location of each family/private burial ground.
B.
Regulations.
(1)
The owner of the lot or parcel of land must submit an application
for a family/private burial ground.
(2)
The owner will stake the corners of the proposed site to prepare
for a visit by County personnel.
(3)
The property owner shall record the approximate burial site
on the County land records within 90 days and the County will establish
a GPS location.
(4)
A site diagram will be required including the location of property
boundaries, water supplies, residential structures, and the burial
area.
(5)
A copy of the process for appeal will be provided if an application
is denied.
(6)
All proposed family/burial grounds shall meet the following
setback requirements:
(a)
No family burial ground shall be established within 50 feet
of a boundary of any lot or parcel nor within 70 feet of any dwelling
structure (residence).
(b)
No family burial ground shall be established within 50 feet
of a public road, right-of-way, nor within five feet of a nonresidential
structure.
(c)
No family burial ground shall be established within 100 feet
of any existing drinking water source or within 100 feet of the high-water
mark of any spring, stream, lake, reservoir, or other source of water.
(d)
No family burial ground shall be established within 300 yards
of any property owned by any town or water company upon which is located
a water source from which water is pumped or drawn from the ground
in connection with a public water supply.
(7)
Access. Access to burial grounds in Page County will be governed
by State Code § 57-27.1, set forth:
(a)
Owners of private property on which a cemetery or graves are
located shall have a duty to allow ingress and egress to the cemetery
or graves by (i) family members and descendants of deceased persons
buried there; (ii) any cemetery plot owner; and (iii) any person engaging
in genealogy research, who has given reasonable notice to the owner
of record or to the occupant of the property or both. The landowner
may designate the frequency of access, hours and duration of the access
and the access route if no traditional access route is obviously visible
by a view of the property. The landowner, in the absence of gross
negligence or willful misconduct, shall be immune from liability in
any civil suit, claim, action, or cause of action arising out of the
access granted pursuant to this section.
(b)
The right of ingress and egress granted to persons specified in subsection A shall be reasonable and limited to the purposes of visiting graves, maintaining the gravesite or cemetery, or conducting genealogy research. The right of ingress and egress shall not be construed to provide a right to operate motor vehicles on the property for the purpose of accessing a cemetery or gravesite unless there is a road or adequate right-of-way that permits access by a motor vehicle and the owner has given written permission to use the road or right-of-way of necessity.
(c)
Any person entering onto private property to access a gravesite
or cemetery shall be responsible for conducting himself in a manner
that does not damage the private lands, the cemetery or gravesites
and shall be liable to the owner of the property for any damage caused
as a result of his access.
[Added 10-18-2016]
A.
Any buildings, runs, or containment areas associated with an animal
husbandry/commercial kennel operation shall meet the following setbacks:
(1)
One hundred fifty feet from property line, reducible to 75 feet
if notarized consent is obtained from the affected adjoining landowner
and submitted as a part of the permit package.
(2)
Three hundred feet to any dwelling on adjoining property, reducible
if the affected adjoining landowner gives notarized consent which
must state the agreed upon distance of any buildings, runs, or containment
areas shall be from the residence.
(3)
One hundred feet from any public road. This setback is not reducible.
B.
The owner of the kennel or operation shall submit a plan for waste
disposal which meets the County's approval, in the County's sole discretion.
The plan shall show how wastewater from the wash down of the kennels
is to be collected and the type of disposal proposed.
C.
All dogs in a commercial kennel operation shall be housed in a fully
enclosed building from 9:00 p.m. to 6:00 a.m.
[Added 10-18-2016]
A.
Auto repair service facility includes a commercial garage and an
auto body shop.
B.
They shall be screened from view of any adjacent residential district
or residential use on an adjacent lot by means of a combination of
evergreen landscaping and/or solid fencing with a minimum height of
six feet and with the landscaping located nearest the affected lot.
C.
Auto repair service facility shall be located on a lot or parcel
adjacent to and have access to a state-maintained road.
D.
The owner of the operation shall submit plan which meets the County's
approval, in the County's sole discretion, stating how the environment
will not be degraded by the following aspects:
(1)
The commercial garage structure.
(2)
The accumulation of operable or inoperable vehicles or parts.
(3)
Repair equipment and tools.
(4)
Containers for the storage of parts and liquids (used oil, antifreeze
and similar fluids). Containers for liquids shall be clearly identified
as to their contents.
E.
All associated materials for the operation of the garage at the particular
site indicated in the application.
F.
A sketch of the parcel showing all of the following information:
(1)
The location of the facility.
(2)
All other buildings (house, outbuildings, storage buildings
and similar structurers).
(3)
Proposed and existing parking areas and spaces.
(4)
Septic tank and drain field location.
(5)
Well location.
(6)
All other prominent features of the property.
(7)
Setback distances between all the features above shall be shown
in feet.
[Added 10-18-2016]
[Added 10-18-2016]
Outdoor commercial recreation area and facilities, such as parks
(except amusement parks) shall be subject to the following conditions:
A.
No building or part thereof or any parking or loading area shall
be located within 35 feet of any street or lot line.
B.
Such use shall occupy a lot with an area of not less than three acres.
C.
Exterior lighting, other than that essential for the safety and security
shall be prohibited. All exterior lighting shall be shielded from
the view of all surrounding streets and lots. Full light cutoff shall
be required except as needed for safety and security.
D.
All events shall be scheduled so as to complete all activity before
or as near to 11:00 p.m. as practical, but under no circumstances
shall any illumination of the playing field, court, or track be permitted
after 11:00 p.m. except to conclude an event that was reasonably scheduled
to conclude prior to 11:00 p.m.
E.
A commercial outdoor recreation facility shall provide a design plan.
The design plan shall include the lighting requirements for each sports
field, the specifications and technical measures showing how those
requirements will be achieved.
F.
All lighting and sound producing or amplifying devices shall be downward
and inward facing.
[Added 10-18-2016]
A.
Companion products include garden accessories, floral supplies, and
other items directly related to culture, care, or use of, horticultural
products. Companion products do not include lawn mowers, garden tractors,
farm machinery and equipment (except hand tools) building materials,
furniture, or other like items.
B.
Hours of operation shall be from 6:00 a.m. to 9:00 p.m.
[Added 10-18-2016]
A.
Only agricultural machinery and equipment shall be rented, sold,
maintained or repaired.
B.
Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.
C.
Public access shall not be provided by a private right-of-way.
D.
No structure shall be located closer than 50 feet to any lot line
and no closer than 300 feet from any residence.
[Added 10-18-2016]
[Added 10-18-2016]
A.
The maximum building square footage and number of patrons shall be
provided by the applicant at the time application is submitted.
B.
Any outdoor entertainment shall require a special entertainment permit for each event as required by Chapter 55 of the Page County Code.
C.
Outdoor seating must have a five-foot separation between the seating
and the parking lot or road.
[Added 10-18-2016; amended 5-15-2023]
A.
Each riding stable or academy shall be set back a minimum of 150
feet from property lines and a minimum of 100 feet from the travel
surface of public roadways.
B.
The owner of the stable shall submit as part of the application a
plan for waste disposal, parking, and any planned activities and events.
[Added 10-18-2016; amended 7-17-2023]
A.
No commercial activities of any kind shall occur within the facility
other than rental of storage units. No repair of vehicles, furniture,
or other materials or equipment shall occur within the facility. Signs
shall be posted within the facility describing such limitations.
B.
No storage of hazardous, toxic or explosive materials shall occur
in the self-storage facility. Signs shall be posted within the facility
describing such limitations.
C.
The maximum size of any individual storage space or unit in a self-storage
facility shall be 500 square feet.
D.
In the Agriculture Zoning District, fencing, screening, and security
may be required for all facilities. Additional conditions may also
be required as part of the special use permit review process.
E.
Self-storage facilities shall not include portable storage containers,
shipping containers and/or tractor trailers.
[Added 10-18-2016]
A.
The minimum size of the use area shall be five acres, which the drop
zone contained fully within this use area.
B.
No structure used for or in conjunction with the use shall be located
closer than 100 feet to any property line.
C.
No outdoor shooting activity shall be located closer than 300 feet
to any property line.
D.
Hours of operation shall be limited to 9:00 a.m. to 6:00 p.m.
[Added 8-1-2017]
All short-term tourist rentals, except approved nonconforming
ones, shall be subject to the following conditions, which conditions
shall be approved by the Zoning Administrator, or waived by the Zoning
Administrator, in the Zoning Administrator's sole discretion, and
which conditions the Zoning Administrator shall have the authority
to enforce, in addition to any other enforcement mechanism in this
Code:
A.
The
owner(s) of any dwelling shall apply for a Page County business license
prior to using the dwelling as a short-term tourist rental.
B.
Prior
to using the dwelling as a short-term tourist rental, a property management
plan demonstrating how the short-term tourist rental will be managed
and how the impact on neighboring properties will be minimized shall
be submitted for review and approval by the Zoning Administrator.
The plan shall include local points of contact available to respond
immediately to complaints, clean up garbage, manage unruly tenants
and utility issues, etc. It shall also be posted in a visible location
in the short-term tourist rental. The contact numbers shall be provided
to County staff, public safety officials and, if applicable, the HOA/POA
of the subdivision. Information will be clearly posted in the house,
and clear boundaries of the property will be shown. The plan must
be provided as part of the rental contract.
C.
Maximum
number of occupants shall be determined by the Page County Health
Department and occupancy shall be limited to the number of people
set forth by the permit issued.
D.
Parking
for the short-term tourist rental shall be located in driveways or
other designated and approved parking areas. The parking of vehicles
is prohibited from blocking the road or rights-of-way of through traffic.
Upon application of a business license, if the short-term tourist
rental entrance is off of a state-maintained road, the Virginia Department
of Transportation will need to evaluate the entrance to ensure compliance
with its minimum standards.
E.
Upon
new application or new owners of a business license, the Page County
Building Official or their technical assistant must do a life safety
inspection of the short-term tourist rental. A fire extinguisher (Type
2A:10B:C) shall be provided and visible in all kitchen and cooking
areas; smoke detectors shall be installed in all locations as identified
in the Uniform Statewide Building Code; a carbon monoxide detector
must be installed on each floor if there is a fuel-fired appliance;
and any other requirements as prescribed by the Virginia Code (Uniform
Statewide Building Code).
F.
Failure
to comply with these supplemental regulations will result in violation
of the Page County Zoning Ordinance.
[Added 4-18-2022]
A.
Keeping of livestock, poultry and apiaries accessory to a principal
dwelling shall be permitted, subject to the following minimum requirements
for the numbers and types of animals permitted:
(1)
On parcels with an area less than six acres: Keeping of a collective
maximum of 0.5 animal unit per acre shall be permitted; provided,
however, that the vegetative cover is not overgrazed or otherwise
disturbed so as to cause, or threaten to cause, erosion; and provided
further that animal waste is properly managed to prevent off-site
migration of waste or waste by-products.
(2)
On parcels with an area greater than, or equal to, six acres:
Keeping of a collective maximum of one animal unit per acre shall
be permitted; provided, however, that the vegetative cover is not
over-grazed or otherwise disturbed so as to cause, or threaten to
cause, erosion and provided further that animal waste is properly
managed to prevent off-site migration of waste or waste byproducts.
(3)
In addition to the animal units permitted by Subsection A(1) and (2) above, temporary keeping of livestock as an educational project approved and sponsored by a youth organization shall be permitted, subject to the requirements of Subsection B and the following:
(a)
The temporary livestock project must be approved by a bona fide
educational or agricultural association for youths, such as the 4-H
Livestock Club, Future Farmers of America (FFA) or similar organizations.
(b)
The Zoning Administrator may require verification that any temporary
livestock project to be conducted in accordance with this section
has been approved and is sponsored by a bona fide educational or agricultural
association for youths.
B.
Keeping of livestock, poultry, and apiaries as permitted in this
section shall meet the following minimum standards:
(1)
Setbacks. All enclosures and structures and areas associated
with the keeping of animals shall be located in the rear yard, and
all enclosures, structures and areas associated with the keeping of
animals shall be set back a minimum of 15 feet from all property lines
and a minimum of 25 feet from any well, surface waters, stormwater
management facilities, drop inlets, ditches, and other storm drainage.
(2)
Fencing. Fencing for animal enclosures shall be installed and
maintained in accordance with Virginia Code § 55.1-2804,
as amended.
(3)
Best Management Practices. The property owner shall employ livestock
and poultry keeping best management practices for appropriate pasture
and any enclosure maintenance, animal feeding, housing and waste,
and odor management and reduction in the propagation of insects. This
shall not be meant to imply a requirement to eliminate all odors from
keeping of livestock or poultry.
(4)
Notwithstanding the acreage available for agricultural use,
the number of animal units allowed shall be limited by the owner's
ability to meet the following standards:
(5)
No on-site slaughtering of livestock or poultry shall be permitted,
except for occasional personal use.
(6)
Beekeeping/Apiaries. Honeybees must be acquired and beehives
constructed and maintained in accordance with Title 3.2, Chapter 44,
as amended, of the Code of Virginia, as determined by the State Apiarist.
No beehive shall be constructed or maintained within 30 feet of any
property line. No more than five beehives per acre shall be permitted,
with a maximum of 15 beehives per residential lot or parcel.
[Added 7-15-2024]
A.
Quarry operations as defined in § 125-4 shall be subject to the following application and design requirements. These requirements shall supplement the applicable general zoning district regulations stated in Article IV of this chapter and the standards and procedures for special use permits stated in § 125-54 of this chapter.
B.
Quarry operations may include on-site sale of material quarried on-site
and storage of equipment used at that quarry operation as an accessory
use.
C.
Quarry operations are only permitted in the Agricultural (A-1) District,
Woodland-Conservation (W-C) District, and Industrial (I-1) District.
A special use permit is required. The special use permit application
must include:
(1)
The name and address of the person applying to be the permit
holder, and a designation of whether that person is the owner or the
intended operator of the quarry operation. Proof of land ownership
and/or lease is required.
(2)
A narrative which describes the history of each of the owner's,
and proposed quarry operator's, experience. This shall include,
but not necessarily be limited to: a list of all quarry operations
or similar operations currently owned or being operated; all quarry
operations previously owned or operated; a description of any and
all legal challenges, claims, or regulatory violations in which the
owner, applicant, or operator was named or identified; and the name
of any proposed entity under which the operation intends to operate,
including the name and identity of each individual or other legal
entity holding an ownership interest in the proposed entity.
(3)
A property management plan setting forth: 1) how the proposed
quarry will be developed, including the proposed stages of development;
2) the operations management plan; and 3) a plan setting forth how
the impact on neighboring properties and roadways will be minimized.
The applicant must send certified letters to all adjoining property
owners, informing them of the proposed use and seeking feedback on
concerns they may have. Evidence of these letters having been sent
must be provided to the Zoning Administrator, who shall retain such
records along with the property management plan. The applicant should
sponsor a neighborhood meeting prior to the scheduled public hearing
with the Planning Commission to give the community an opportunity
to hear from the applicant and ask questions regarding the quarry
operation.
(4)
An environmental impact study, including a baseline environmental
assessment of air quality, water quality and availability, and soil
conditions on and adjacent to the parcel where the proposed quarry
operation will take place. Potential impacts on nearby ecosystems,
natural processes, karst topography, water bodies, groundwater availability
and quality, air quality, flora, fauna, aesthetics and human interest
shall be noted in the study. The study shall also describe the cultural
status of the property, including any features of historical, archaeological,
or cultural significance.
(5)
A Virginia Department of Transportation (VDOT) traffic study.
(6)
A site plan, at a minimum scale of one inch to 200 feet, created
by a licensed surveyor or engineer, for the proposed quarry operation,
which shall include:
(a)
The proposed location and boundaries of all planned phases of
the proposed operation with a metes and bounds description.
(b)
The proposed setbacks from the property line of the excavation
area(s) and the processing and/or sale areas.
(c)
The proposed sources and location of water supply and existing
or proposed bodies of water.
(d)
The proposed method and location of sewage disposal system.
(e)
The proposed location of waste containers and method of trash
disposal.
(f)
The proposed description and location of all interior roads
to include width and surface type.
(g)
The proposed location and dimensions of vehicle parking areas.
(h)
A description of the location of all existing and proposed buildings
and/or structures, including but not limited to offices, service buildings,
maintenance buildings, storage buildings, etc. Must also include location
of any existing buildings or structures.
(7)
A landscaping plan for screening, fencing, and preserving/planting
noninvasive trees to preserve the rural character of the surrounding
area. This plan shall include:
(a)
A map which shows the proposed location and boundaries of the
proposed excavation area(s) and the quarry processing and/or sale
area, the setbacks, and all landscaped areas, including the location
and description of the types and proposed spacing of vegetation.
(b)
A detailed description of existing and proposed vegetation,
including tree, shrub, and groundcover species, as well as the dimensions
of all proposed landscaped areas, screening, and berms.
(8)
A detailed description regarding the means of extraction which
will be used to collect and remove stone, sand, or gravel, and whether
that extraction will be on or below the existing surface level.
(9)
A detailed description regarding what means of processing will
be used to process or refine the stone, sand, or gravel before the
material is transported from the quarry operation site.
(10)
A plan detailing the operator's procedure to monitor for
and prevent air overpressure (noise) and vibrations exceeding levels
stipulated by relevant state agency regulations, including 4 VAC 25-40-890
and 4 VAC 25-40-880.
(11)
A plan for reclamation showing the property, in its entirety,
returned to a state suitable for reuse for purposes permissible in
the zoning district. The plan must include treatment of exposed soil
or subsoil, including measures to be taken to replace topsoil and/or
establish native vegetation in excavated areas, in order to make the
property suitable for the proposed reuse, treatment of slopes to prevent
erosion and delineation of floodways and floodplains to be maintained
in open usage. The reclamation plan must be consistent with all state
requirements.
(12)
Such other pertinent information as the Page County Zoning Administrator
may deem necessary.
D.
Each quarry operation shall be subject to the following standards:
(1)
No structure, processing machinery, or storage of stone, sand, or gravel shall be located closer than 300 feet to any lot line except as necessary for the creation and maintenance of berms, as indicated in the landscaping plan required in § 125-30.23C(7).
(2)
No structure, processing machinery, or storage of stone, sand, or gravel shall be located closer than 500 feet to any dwelling on adjacent properties except as necessary for the creation and maintenance of berms, as indicated in the landscaping plan required in § 125-30.23C(7).
(3)
No structure, processing machinery, or storage of stone, sand,
or gravel shall be located closer than 1,000 feet to any lot line
of a parcel zoned Residential (R) or to any residence on an adjacent
parcel at the time the application is submitted.
(4)
Extraction and processing activities may be conducted between
the hours of 8:00 a.m. and 5:00 p.m. on Mondays through Fridays. Extraction
and processing activities outside of these hours shall be considered
as a condition of the SUP. Loading, unloading and sale of stone, sand,
or gravel shall occur between the hours of 7:00 a.m. and 6:00 p.m.
on Mondays through Fridays and between the hours 8:00 a.m. and 1:00
p.m. on Saturdays. No quarrying activities shall be conducted on Sundays.
(5)
The quarry operation must have direct access to a state-maintained
highway or a fifty-foot right-of-way access to a state-maintained
highway. All entrances and exits onto public roads shall, at a minimum,
meet VDOT requirements.
(6)
Blasting vibrations shall not exceed the limits established
by state agency regulations, including 4 VAC 25-40-880. Vibrations
shall be monitored by calibrated seismographs as determined by appropriate
state agencies and paid for entirely by the applicant/operator. All
reports from seismographs must be supplied to the Zoning Administrator
within one week of the reading, who will maintain digital records
of these reports.
(7)
The peak overpressure (noise) from any blast shall not exceed
the limits established by state agency regulations, including 4 VAC
25-40-880, which is 133 decibels, as measured with a 2 Hz or lower
flat response microphone at any inhabited building not owned or leased
by the operator. All equipment for measuring peak overpressure must
be paid for by the operator, and the equipment must be properly calibrated.
Any reports of levels exceeding these limits produced by any state
agency must be supplied to the Zoning Administrator within one week
of the operator receiving the report.
(8)
Stagnant pools of water, except as may be necessary for the
purposes of stormwater management, shall be avoided and any such pools
shall be eliminated by the operating company or individual.
(9)
To ensure sufficient screening, a greenbelt area of a minimum
of 200 feet shall be included within the setback and shall be landscaped
with regionally native and noninvasive plant materials consisting
of an evergreen and deciduous mix (as approved by Page County), except
to the extent that existing vegetation or natural landforms on the
site provide such screening as determined by Page County. Trees shall
be a minimum of six feet in height at time of planting and in staggered
rows of 10 feet on center. In the event existing vegetation or landforms
providing the screening are disturbed, new plantings shall be provided
which accomplish the same. The effectiveness of screening shall be
maintained as the plant materials mature. Unhealthy and dead plants
shall be replaced within six months. Installation of appropriate native
trees and shrubs is recommended in the green belt in accordance with
the Virginia Department of Forestry guidelines for the agricultural
cost-share Conservation Reserve Enhancement Program. Quarry operations
located on the South Fork of the Shenandoah River and its tributaries
will receive additional consideration for protecting water quality.
The preservation of existing healthy regionally native species should
be prioritized. Use of regionally native trees, shrubs and groundcovers
is strongly encouraged. Landscaped areas in proximity of ponds, streams
or the Shenandoah River should receive particular consideration to
protect water quality and wildlife habitat.
(10)
Perimeter fencing is required for all areas of the quarry operation
where topography does not already prevent unauthorized access to the
operation. Future phases of the operation that have not yet started
excavation need not be included in this perimeter fencing until operations
begin in those sections, unless required by state regulations. A sign
shall be posted every 25 feet which states "NO UNAUTHORIZED ACCESS"
in a minimum size of two-inch letters. The signs shall be posted on
the property line of the quarry operation.
(11)
The quarry operator will make every reasonable effort not to
blast during periods of high wind, meaning winds of 20 miles per hour
or over at its greatest gusts at the blast site, measured at a convenient
point to be established by the Zoning Administrator, during periods
of high humidity (28 millibars vapor pressure of absolute humidity),
or other than between the hours of 9:00 a.m. and 5:00 p.m. on weekdays,
except in the case of unavoidable emergency.
(12)
No blasting, as part of quarry operations, shall occur within
five miles of the parcels in which Luray Caverns is located, or specifically
Tax Map numbers 42A9-A-2, 42A2-A-1, and 42A2-A-2.
(13)
The applicant shall provide proof of adequate liability insurance
for a quarry operation. The applicant shall provide proof of said
liability insurance policy upon request by the County.
(14)
All quarry operations shall be conducted in accordance with
Title 45.2 of the Virginia Code or other state and federal laws, as
required.
(15)
All state and federal laws and regulations, as the same may
from time to time be amended, regulating quarry operations, including
the extraction and processing of valuable material from the ground
surface or underground, shall be considered restrictions on the special
use permit thus granted by Page County, Virginia. The quarry operator
will be responsible, at his own expense, to provide the County Administrator
of Page County or other designee directed to enforce the restrictions
in the special use permit with copies (as from time to time amended)
of all such laws and regulations within 30 days of the time that such
changes come to the operator's attention.
E.
Criteria for considering special use permit. In addition to requirements
listed above, the special use permit shall also include consideration
of the following on a site-by-site basis:
(1)
The maximum size and location of extraction areas and overall
operation area.
(2)
Impact of noise on nearby properties, and mitigation thereof,
including adequate screening measures.
(3)
Impact of traffic on roads, and mitigation thereof.
(4)
Considerations regarding the means and timing of extraction and processing of material outside of the established hours of operation in § 125-30.23D(4) may be considered.
(5)
Consideration of dust and mud control during operations and
transportation.
(6)
Accessibility to emergency services.
(7)
Aesthetic standards to ensure the preservation of the rural
character of the surrounding area, including consideration of the
viewshed from Shenandoah National Park overlooks.
(8)
Adequate measures to prevent intrusion upon the site by unauthorized
persons, including but not limited to specific conditions regarding
fencing requirements.
(9)
Additional vibration, air overpressure, well, or other monitoring
which may be necessary given topography and proximity to properties,
residential communities, surface water, and other environmentally
sensitive features. Increased scrutiny is mandated for quarry operations
that include karst topography.
F.
The Zoning Administrator shall perform an inspection of each quarry
operation approved after adoption of this section at least once every
three years and shall file a report of the findings to the Planning
Commission within 30 days of the inspection. The report shall include
a statement of whether the operation has complied with the standards
and conditions of the special use permit and shall include any findings
furnished by state or federal agencies. Upon a finding of material
noncompliance with the terms of the permit, or upon violation of any
other relevant regulation, zoning ordinance, or any other ordinances
of the County of Page, Virginia, the Zoning Administrator may issue
a notice of violation and seek revocation in accordance with the schedule
set forth herein. However, prior to the revocation of any such permit,
the Zoning Administrator shall notify the permit holder, in writing,
of the material noncompliance or violation. The permit holder shall
thereafter have 30 days to cure the material noncompliance or violation
and shall submit a plan to prevent future noncompliance. The notice
shall be deemed received when hand delivered to the permit holder,
or when delivered by certified mail, return receipt requested, to
the address of record of the permit holder. Four violations which
have not been cured, as determined by the Zoning Administrator, within
a twelve-month period shall result in revocation of the permit, notwithstanding
the following schedule. The schedule of penalties is as follows:
(1)
First violation. A written warning detailing the offense shall
be issued.
(2)
Second violation. The permit may be revoked for a period up
to 30 calendar days, as determined appropriate by the Zoning Administrator,
commencing on the date of notice by Page County.
(3)
Third violation. The permit may be revoked for a period up to
90 calendar days, as determined appropriate by the Zoning Administrator,
commencing on the date of notice by Page County.
(4)
Fourth violation. The permit is subject to indefinite revocation,
as determined appropriate by the Zoning Administrator, commencing
on the date of notice by Page County.
