A.
Determinations concerning unspecified uses.
(1)
Uses not specified in district regulations as permitted
may be added to a district on application by a landowner if the Planning
Commission and Board of Supervisors find that:
B.
Temporary dwellings. The erection and occupancy of
a temporary dwelling during the construction of a permanent dwelling
is not permitted.
C.
Houses displayed for advertising purposes.
(1)
Construction of a single-family dwelling in a residential
development for advertising or display purposes and not intended to
be sold or occupied as a dwelling shall not commence until a performance
bond adequate to insure the removal of the structure has been posted
and approved by the Board of Supervisors.
(2)
Construction and use of a single-family dwelling in
a residential development for advertising or display purposes (model
home), which will eventually be sold as a dwelling unit shall be allowed
as long as construction is actively continuing in the development.
D.
Portable dwelling. No portable dwelling, occupied
or vacant, shall be located on any lot except as specifically provided
for in this chapter.
A.
Residential occupancy of accessory buildings. Use
of accessory buildings as dwellings or lodgings is expressly prohibited
except as specifically provided for in this chapter.
B.
Parking, storage and/or use of major recreational
equipment in residential districts. The following regulations shall
apply to parking and/or storage of major recreational equipment in
residential districts:
(1)
Major recreational equipment defined. For purposes
of these regulations, "major recreational equipment" is defined as
travel trailers, campers, pickup campers, motorized dwellings, tent
trailers, boats and boat trailers, houseboats and the like and the
cases or boxes used for transporting such recreational equipment whether
occupied by such equipment or not.
(2)
Major recreational equipment: use/location limitations.
No major recreational equipment shall be used for living, sleeping
or other occupancy when parked or stored on a residential lot or in
any other location not approved for such use.
(3)
Major recreational equipment not parked or stored
in a garage, carport or other building. All major recreational equipment
shall be located at least three feet from all buildings and shall
not be located in any front yard, except in a driveway, perpendicular
to the street and a minimum of 10 feet from the right-of-way.
C.
Limitation on parking/storage of inoperative vehicles.
No more than one inoperative vehicle shall be parked or stored outdoors
on any lot or combination of contiguous lots under one ownership.
The parking and storage of inoperative vehicles, including inoperative
recreational vehicles shall be prohibited in the Special Flood Hazard
Areas as defined in the Flood Insurance Rate Maps and Flood Insurance
Study.
[Amended 5-21-2013]
D.
Limitations on parking of trucks and major mobile
construction equipment in residential districts. No truck with a gross
vehicle weight of more than 10,000 pounds shall be parked in any residential
district except for purposes of making pickups or deliveries. The
parking of major mobile construction equipment after completion of
construction is also prohibited.
E.
Limitations on yard sales. An individual may conduct
up to four yard sales a year at their home, provided that no yard
sale can be conducted for longer than a three-day duration.
F.
Unless otherwise prohibited by this chapter, public
utility poles, lines, transformers, pipes, meters and other facilities
necessary to the provision of public utility services within the County
shall be permitted in all districts.
[Added 12-17-1996]
A.
General requirements concerning arrangement and location
of structures. All buildings and other structures shall be so located
and arranged on lots as to provide safe and convenient access for
fire protection, servicing and off-street parking located on the premises.
B.
Erection of more than one principal structure on a
lot. In all residential and agricultural districts only one principal
structure, housing a use permitted by right, may be erected on a single
lot. In commercial and industrial districts, more than one structure
housing a use permitted by right may be erected on a single lot, provided
that yard, acreage and other requirements of this chapter are met
for each structure as though it were on an individual lot.
A.
Lots.
[Amended 8-15-2006; 7-17-2007]
(1)
Lot frontage shall be determined as follows:
(a)
On interior lots the front shall be the portion
nearest the street.
(b)
In the case of a through lot the Zoning Administrator
shall designate the front, and may require that a front yard be provided
at both ends of the lot.
(c)
On corner lots the front shall be the boundary
fronting on the arterial street of the two intersecting streets or
the street that provides the principal means of vehicular access to
the site. In addition, the setback shall be 50 feet from any adjoining
street. The remaining two sides shall be designated as side yards.
[Amended 3-15-2011]
(d)
In the case of a through-corner lot the owner
may select the front, provided that the lot width requirements are
met. The Zoning Administrator may require that more than one front
yard be provided.
(2)
Lot width shall be determined by measurement at the
front building setback line; street frontage shall be no less than
75% of the required lot width. On a cul-de-sac the width may be reduced
by 25%.
(3)
Lot depth (length) shall be determined by averaging
the length of the side property lines. In cases of irregular side
property lines the calculation of averaging shall be approved by the
Zoning Administrator.
B.
Yards.
(1)
Front yards. An open space on the same lot as a principal
building between the front line of the principal building and the
front lot or street line and extending across the full width of the
lot. Where the front property line is within a road easement or right-of-way
such front yard shall be measured from the easement or right-of-way
to the front building line.
(2)
Rear yards shall be provided between the rear property
line and the rear building line across the full width of the lot,
except where two front yards are required.
(3)
Side yards shall be those areas not designated as
front or rear yards, from the front building line to the rear building
line or to the second front building line on through lots.
(4)
Uses and structures permitted in yards. The following uses and structures shall be permitted in the front, side and rear yards subject to the visibility requirements of § 180-12B(5):
[Amended 7-18-1995]
(a)
Fences, walls, hedges, vegetative plantings
and permitted signs.
(b)
Accessory structures in rear and side yards
only, except:
[Amended 11-20-2001; 3-15-2011]
[1]
On agriculturally zoned lots equal to or greater
than two acres, where one accessory building may be placed in the
front yard, provided that it is set back a minimum of 50 feet from
the right-of-way.
[Amended 8-16-2011]
[2]
On agriculturally zoned lots equal to or greater than 10 acres, where
no more than two accessory buildings may be placed in the front yard,
provided that they are set back a minimum of 50 feet from the right-of-way.
[3]
On agriculturally zoned lots equal to or greater than 20 acres, where
no more than three accessory buildings may be placed in the front
yard, provided that they are set back a minimum of 50 feet from the
right-of-way.
[4]
On any lot of two acres or more where there
is a change in elevation of more than 40 feet from the edge of the
right-of-way adjoining the front yard to 150 back, where one accessory
building may be placed in the front yard, provided that it is set
back a minimum of 50 feet from the right-of-way.
(5)
Visibility at intersections. For traffic safety, no
impediment to visibility over 36 inches in height shall be allowed
on any corner lot within a visibility triangle, the apex of which
is at the intersecting right-of-way lines (extending in the case of
rounded corners); the sides of which are 20 feet in length along the
right-of-way lines; and the base of which runs through the lot.
(6)
Projections into required yards. Certain architectural
features may project into required yards as follows:
[Added 1-16-1996]
(a)
Cornices, eaves, bay windows, balconies or other
architectural features which do not touch the ground and do not have
supporting members which touch the ground within a required yard,
may project not more than four feet into any required yard.
(b)
Ramps and landings necessary for use by the
handicapped may project into required yards a distance not exceeding
12 feet. All other stoops, platforms, staircases or similar structures
leading to the entrance of a dwelling or other building may project
into required yards a distance not exceeding four feet, not to exceed
32 square feet in size, provided that they have no roof and are otherwise
uncovered.
(c)
Chimneys may project into required yards.
(d)
In no case shall any projection be nearer to
any lot line than 10 feet.
(e)
All accessory structures located within four
feet of the principle building shall be considered to be part of the
principal building.
[Amended 8-17-1993; 5-16-1995; 5-30-1995; 8-20-1996; 8-19-1997]
The height of a building structure shall be
measured from the average elevation of the ground surface along the
front of the building to the highest point of the roof if a flat roof,
to the deckline of a mansard roof or to the average distance between
the eaves and the ridge of a gable or gambrel roof.
A.
Buildings in the Industrial Zone shall not exceed
50 feet in height, provided that a building may be erected to a maximum
height of 100 feet if it is set back from every lot line, in addition
to the required distances, a distance of five feet for each one foot
of height that it exceeds the fifty-foot limit.
B.
Buildings in all zones other than the Industrial Zone
shall not exceed 40 feet in height.
C.
Roof-mounted or roof-related noncombustible structures,
such as antennas, chimneys, cooling devices and related apparatus,
shall have a height of no more than 60 feet in the Industrial Zone,
provided that they may be erected to a maximum of no more than 110
feet if they are set back from every lot line, in addition to the
required distances, a distance of five feet for each one foot of height
that it exceeds the sixty-foot limit, and no higher than 50 feet in
all other zones.
D.
Noncombustible structures in the agricultural, commercial,
industrial and residential zones, such as silos, windmills, water
towers, flagpoles, spires, cupolas and related structures, are exempt
from these height restrictions.
E.
Ground-mounted structures, such as broadcast towers,
receiving towers, communication relay towers and similar structures
must have Board of Supervisors' approval through the conditional use
permit process. Proposals for such structures shall demonstrate the
following:
(1)
The Planning Commission and/or the Board of Supervisors
may require the review of the application by a third-party consultant
approved by the Planning Commission or Board of Supervisors at the
expense of the applicant.
(2)
All possible means for sharing space on existing towers
or on existing buildings or other structures have been exhausted and
no alternative other than constructing a new tower exists.
(3)
The applicant has executed a letter of intent to allow
other parties to share space on their tower and negotiate in good
faith with other interested parties.
(4)
The height of any tower is no more than the minimum
to accomplish required coverage, and any new tower is separated from
any property line or right-of-way by not less than the height of the
tower.
(5)
The tower construction is of a design which minimizes the visual impact and the tower and other facilities have been camouflaged and/or screened from adjacent properties and rights-of-way to the maximum extent practicable. To this end, the proposal must provide for retention of existing stands of trees and the installation of screening where existing trees do not mitigate the visual impact of the facility. Such screening must, at a minimum, meet the requirements of § 180-18 of this chapter. The Planning Commission may recommend and the Board of Supervisors may require additional trees and screening when the minimum provisions do not mitigate adverse visual impacts of the facility.
(6)
The electromagnetic fields do not exceed the radio
frequency emission standards established by the American National
Standards Institute (ANSI).
(7)
The tower shall be inspected annually and certified
as safe by a private firm acceptable by the County and contracted
for by the applicant. A copy of the inspection report with a certification
that the tower is structurally safe and all microwave equipment is
in proper working condition be provided to the County.
(8)
The tower shall be demolished and removed within 90
days after abandonment. In order to ensure the demolition and removal
of the tower, the applicant shall post a letter of credit or a bond
with adequate surety acceptable to the County in an amount reasonably
determined by the County, sufficient to pay for the costs of demolition
and removal.
F.
Antenna placement on existing towers.
[Amended 7-15-2014]
(1)
The
Zoning Administrator may administratively approve, through a zoning
permit, a change to an approved tower in conjunction with site plan
approval to allow a request for co-location, removal or replacement
of transmission equipment that meets all of the following standards.
In addition, the Zoning Administrator may also administratively approve,
through a zoning permit, approval of the placement of three antenna
arrays on an existing structure, such as a building, utility pole,
water tank or other freestanding nonresidential structure that meets
all of the following standards:
(a)
The co-location, removal, or replacement does not have the effect
of diminishing the concealed character of the tower originally approved
as a concealed tower.
(b)
The mounting of the proposed antenna does not increase the height
of the tower by more than 10% of the height of the original tower
or by the height needed to provide 20 feet of separation from the
closest antenna array location on the original tower, whichever is
greater, except that the mounting of the proposed antenna may exceed
these limits if necessary to avoid interference with antennas existing
on the original tower. The aggregate height of the tower and antenna
shall not exceed 199 feet.
(c)
The mounting of the proposed antenna would not involve the installation
of more than the standard number of new equipment cabinets for the
technology involved, not to exceed four, or more than one new equipment
shelter. New equipment shelters and cabinets shall be located within
the existing compound if technically feasible and, if they require
expansion of the equipment compound, shall meet all setback requirements
and be fully screened from view.
(d)
The mounting of the proposed antenna would not involve adding an
appurtenance to the tower that would protrude from the edge of the
original tower more than 20 feet or more than the width of the tower
at the level of the appurtenance, whichever is greater, except that
the mounting of the proposed antenna may exceed the size limits set
forth in this subsection if necessary to shelter the antenna from
inclement weather or to connect the antenna to the tower via cable
(e)
The mounting of the proposed antenna would not involve excavation
outside of the original tower site, defined as the boundaries of the
leased or owned property surrounding the tower and any access or utility
easements currently related to the site as shown on the originally
approved site plan for the tower.
(f)
The mounting of the proposed antenna would not require lighting be
provided on a previously unlit tower.
(2)
The
electromagnetic fields for all antennas shall not exceed the radio
frequency emission standards established by the American National
Standards Institute (ANSI). Notwithstanding the above, the placement
of more than three antennas on such structures shall require a conditional
use permit.
A.
Purpose and intent. The purpose of this section is
to regulate the size, location, height, construction and maintenance
of all exterior signs so as to protect the health, safety, convenience
and general welfare of the public and to enhance the attractiveness
of the community.
B.
Applicability. These sign regulations shall apply
to all signs erected within Warren County prior to and following the
effective date of this chapter.
C.
Administration.
(1)
Sign permit required. Except as provided herein, no
sign shall be erected, installed, altered, relocated, replaced or
reconstructed until a sign permit has been issued by the Zoning Administrator.
(2)
Notification of installation. The permit holder shall
notify the Zoning Administrator within 10 days of the installation
of an approved sign. Any discrepancies between the approved sign and
the sign as constructed may result in the halt of construction or
the removal of the sign if so ordered by the Zoning Administrator.
(3)
Revocations. The Zoning Administrator may revoke a
permit if it is found that there has been concealment or misrepresentation
of facts in either the application or plans.
D.
Special definitions. For the purpose of these sign
regulations, the following terms shall have the meanings established
below:
- ANIMATED SIGN
- A sign or part of a sign that moves or appears to move.
- AWNING/CANOPY SIGN
- A sign placed directly on the vertical surface of an awning or a canopy.
- BANNER
- A sign applied to cloth, paper or fabric or a pennant of any kind. Governmental or religious flags shall not be considered banners.
- BILLBOARD/OFF-PREMISE SIGN
- A sign which directs attention to a business, commodity, service or establishment conducted, sold or offered at a location other than on the premises where the sign is erected.
- CHANGEABLE COPY SIGN
- A sign or part of a sign that is designed so that characters, letters or illustrations can be changed or rearranged.
- CONSTRUCTION SIGN
- A temporary on-premises sign at a construction site.
- DIRECTIONAL SIGN, PRIVATE
- An on-premises sign such as "entrance," "exit," "parking,"
"one-way" or similar directional instructions designed to guide vehicular
and/or pedestrian traffic. A directional sign shall include no advertising.
The Zoning Administrator may approve directional signs of a size,
shape and number that are necessary for and consistent with the efficient
flow of pedestrian and vehicular traffic. Ground-mounted directional
signs shall not exceed four feet in height.[Amended 8-17-1999]
- DIRECTORY SIGN
- A sign on which the names and locations of occupants of a building or group of buildings is given.
- FLASHING SIGN
- A sign that includes lights which flash, blink, pulsate or turn on and off intermittently.
- GROUND-MOUNTED SIGN/FREESTANDING SIGN
- A sign which is supported directly from or affixed to a structure built on the ground and independent of any support from a building.
- IDENTIFICATION SIGN
- A sign which displays only the name, address, crest, insignia, trademark, occupation or profession of an occupant, the name of any property or the name of any building on the premises.
- ILLUMINATED SIGN
- A sign which is lit in any manner by an artificial light.
- INSTITUTIONAL BULLETIN BOARD SIGN
- A sign displaying the name of a religious institution, school, library, community center or similar institutional or community service use, and the announcement of its services or activities.
- MARQUEE SIGN
- A sign attached to and made part of a marquee.
- MONUMENT SIGN
- A sign which is 100% affixed to a masonry, granite, limestone
or marble structure built on grade in which the sign and the structure
are an integral part of one another.[Amended 9-15-2009]
- PORTABLE SIGN
- Any sign that is not permanently affixed to a building, structure or the ground, including signs displayed on a stationary vehicle.
- PROJECTING SIGN
- Any sign which is mounted perpendicular to a building and is supported only by the wall on which it is mounted.
- ROOF SIGN
- A sign painted, erected or constructed in whole or in part upon any portion of a roof of any building.
- SIGN
- Any display of letters, words, symbols, numerals, figures, devices, emblems, pictures or any parts or combinations thereof visible for the purpose of making anything known; whether such display be made on, attached to or as a part of a structure, surface or any other thing, including but not limited to the ground, rocks, trees or other natural objects, which display is visible beyond the boundaries of the parcel of land on which the same is located. For the purposes of this chapter, the term "sign" shall include all portions of the sign structure.
- SIMULATED TRAFFIC SIGN
- Any sign as determined by the Zoning Administrator and/or Virginia Department of Transportation, which may be confused with an authorized traffic sign or signal.
- TEMPORARY SIGN
- A sign intended to be displayed for a specified period of time.
- WALL SIGN
- A sign which is 100% attached to, supported to, or painted
on a wall or any flat vertical surface of a structure.[Amended 9-15-2009]
- WINDOW SIGN
- A sign attached to, applied directly onto the surface or set back from the interior surface of any window.
E.
Prohibited signs. Unless specifically authorized,
the following signs are prohibited:
(1)
Animated signs. This prohibition shall not apply to the hands of a clock, a weathervane or flags meeting the requirements of § 180-14F(4).
[Amended 3-21-2006]
(2)
Banners (pennants): one. Banners shall be used for
special event announcement only and shall be up for no more than 30
days in any six-month period.
[Amended 3-21-2006]
(3)
Billboards constructed after enactment of this chapter.
(4)
Flashing signs, except for time, temperature and community
message signs.
(5)
Glaring signs. Any sign, as determined by the Zoning
Administrator and/or Virginia Department of Transportation, with light
sources of such brightness as to constitute a hazard or nuisance.
(6)
Portable signs.
(7)
Roof signs.
(8)
Signs affixed to or printed on a tree, other natural vegetation or rocks. This prohibition shall not apply to security and warning signs as covered in § 180-14F(11).
(9)
Signs erected in or over a public right-of-way or
on public land except for those signs specifically authorized by the
Board or Zoning Administrator.
(10)
Signs that obstruct visibility at intersections
or block traffic signs or any window, door, fire escape, stairway
or any opening intended for light, air or access to any building.
(11)
Simulated traffic signs.
(12)
Strings of lights. Lights outlining property
lines, sales areas or any portion of a structure. This prohibition
shall not apply to decorations for recognized, annual holidays.
F.
Exempt signs. Sign permits shall not be required for
the following signs:
(1)
Changing the message content of an approved sign.
(2)
Flags, emblems and insignia of any governmental agency,
religious, charitable or public organization, provided that no single
zoning lot shall display more than three such flags. Maximum area
per flag: 40 square feet.
(3)
Handicapped parking space sign.
(4)
Historical markers and commemorative plaques erected
by a governmental body or a registered historical agency.
(5)
Home occupation sign. Only one sign, nonilluminated,
displaying the nature of the home occupation, name and/or address
of the occupant of the premises shall be permitted on a lot. Maximum
sign area: two square feet.
(6)
Identification sign. Maximum sign area: two square
feet.
(7)
Model home identification sign. One sign may be maintained
at each model home. Maximum sign area: eight square feet. Maximum
height: four feet.
(8)
Public signs installed or erected by authorized regulatory
agencies.
(9)
Private drive signs. One per drive entrance, with
the message content limited to the words "Private Drive" and the address
of residences utilizing the private roadway. Maximum sign area: two
square feet.
(10)
Seasonal or temporary displays of a patriotic,
religious or civic character on private property with no advertising
message. Maximum display time: 30 days.
(11)
Security and warning signs. Signs posted on
private property warning the public against trespassing, hunting or
similar messages. Maximum sign area: two square feet.
(12)
No more than two special sales events signs
announcing promotions, grand openings, new management, going-out-of-business
sales and similar events. Such signs may be attached to an existing
principal structure or sign pole and may be displayed on a given property
for 30 days per twelve-month period. Maximum sign area: 16 square
feet.
[Amended 9-15-2009]
(13)
Temporary and seasonal produce stand signs.
The display of such signs shall be limited to the season or period
when the temporary stand is in operation and to the property on which
the stand is located. Maximum sign area: eight square feet. Maximum
number of signs: three.
(14)
Temporary political campaign signs on private
property. Maximum sign area: four square feet. Maximum height: four
feet.
[Amended 10-19-2004]
(15)
Temporary real estate signs. The posting of
such signs shall be limited to the premises to be sold and shall be
limited to one per property except for corner lots, which may have
two such signs. Temporary real estate signs shall be removed within
seven days of the settlement or lease of the property. Maximum sign
area in residential districts: six square feet. Maximum height: four
feet. Maximum sign area in all other districts: 32 square feet. Maximum
height: 12 feet.
[Amended 8-17-1993; 9-15-2009]
(16)
Temporary signs announcing a civic, educational
or religious event. Such signs shall be erected no sooner than 14
days prior to the event and shall be removed within five days after
the event by the responsible organization. Maximum sign area: eight
square feet. Maximum sign height: eight feet.
(17)
Vehicle safety inspection signs. Such signs,
one per authorized inspection station, may be either a wall sign or
attached to an existing authorized ground-mounted sign not exceeding
the height of the ground-mounted sign. Maximum sign area: eight square
feet.
(18)
Yard sale signs. Such signs shall be limited
to three per yard. Posting shall be limited to the day of the sale
and the property involved with the sale. Maximum sign area: four square
feet.
(19)
Off-premises signs for commercial recreational
uses. Only one sign per commercial recreational use, non-illuminated,
with the message content limited to the name and direction to the
facility at a location other than on the premises where the sign is
erected. No more than one such sign shall be permitted per lot. Maximum
sign area: two square feet.
[Added 7-21-1998]
(20)
Directional signs.
[Added 8-17-1999]
(21)
Temporary construction signs.
[Added 8-17-1999]
G.
General sign standards.
(1)
Determination of sign height. 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 sign is lower
than the street to which it is oriented, the height may be increased
by the difference in elevation.
(2)
Determination of sign area. The area of a sign shall
be determined by measuring the surface area of any regular geometric
figure (square, circle, rectangle, triangle, etc.) enclosing all parts
of the sign face. The supports of the structure shall not be included
in determining the sign area unless these supports are designed to
form an integral background of the display. All faces of a sign shall
be included in the area of determination except for a sign with two
identical faces and an interior angle of less than 45°, in which
case only one face shall be included.
(3)
Number of sign faces. No sign shall have more than
three sign faces.
I.
Construction and maintenance standards.
(1)
Building Code compliance. All permanent signs shall
be constructed in compliance with the Virginia Uniform Statewide Building
Code and the regulations as set forth by the Virginia Department of
Transportation.
(2)
Condition of signs. All signs and structural components
shall be maintained in full repair and in an attractive condition.
(3)
Repair or removal of nuisance 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. All costs for repair or
removal will be charged to the owner of the premises.
(4)
Removal of obsolete signs. Signs will be removed within
30 days of discovery of being discontinued or obsolete. All costs
of removal will be charged to the owner of the premises.
J.
Nonconforming signs.
[Amended 2-19-2013]
(1)
General. Any sign lawfully in existence at the effective date of this chapter, which does not conform to the provisions of this chapter, shall be deemed nonconforming and, as such, shall be permitted to remain but shall not be replaced, enlarged, extended, altered or repaired except as stated in § 180-14J(2)(a) and (3)(a). However, the advertisement or message content of a nonconforming sign may be changed on the existing sign.
(2)
Removal of nonconforming on-premises sign. Nonconforming on-premises
signs may remain, provided that they are kept in full repair, except
for the following:
(a)
Damage or destruction of nonconforming on-premises sign. A nonconforming
on-premises sign which has been destroyed or damaged beyond 50% of
its appraised value due to the fault or neglect of its owner, agent
or employee shall not be altered, replaced or reinstalled unless it
is brought into conformance with these sign regulations. If the damage
or destruction is 50% or less of the appraised value, the area damaged
or destroyed may be restored within 90 days of the destruction, but
the sign shall not be enlarged in any matter.
(b)
Damage or destruction of principal use. A nonconforming on-premises
sign shall be removed if the use and/or structure to which it is an
accessory is destroyed or demolished beyond 50% of the appraised value
of the principal structure or if the structure and/or use to which
the sign is an accessory is discontinued for more than two years.
(c)
Change of use. Whenever a change of use or a rezoning occurs
upon the premises containing a nonconforming on-premises sign, such
signs shall be brought into full compliance with this chapter.
(3)
Removal of nonconforming billboard/off-premises sign. Nonconforming
off-premises signs/billboards shall be maintained in a good state
of repair and shall be subject to removal if not maintained.
(a)
Repairs to nonconforming billboard/off-premises sign. All repairs
to nonconforming billboards/off-premises signs shall be submitted
by the owner in accordance with § 33.1-370.2 of the Code
of Virginia, as amended.
(b)
Nonconforming billboards/off-premises signs which are either
destroyed or damaged, to the extent of 50% or more of the current
replacement cost of the structure, shall not be rebuilt or repaired
unless the sign is brought into conformance with these sign regulations.
(4)
Relocation of nonconforming billboard sign.
[Added 5-20-2014]
(a)
A nonconforming billboard sign may be relocated if the sign is located
on land acquired by purchase or by use of the power of eminent domain
due to the widening, construction or reconstruction of any highway
as defined in § 33.1-351 of the Code of Virginia, as amended.
(b)
The owner of such nonconforming billboard sign may relocate the sign
to another location as close as practicable on the same property,
adjusting the height and angle of the sign to restore the same or
comparable visibility. However, the owner of the sign cannot increase
the size of the sign face, and the relocated sign shall continue to
be nonconforming. In addition, the provisions of § 33.1-370.2
of the Code of Virginia shall still apply to the relocated sign.
K.
Signs permitted by zoning district; permitted signs,
generally. These regulations specify the types and sizes of signs
which are permitted within the various zoning districts of Warren
County.
(1)
Agricultural and all residential districts.
(b)
Signs for permitted principal uses.
[1]
Single-family and two-family dwellings: signs exempt from permit requirements in § 180-14F and temporary construction signs.
[2]
Residential developments. Permanent, ground-mounted,
subdivision or development identification signs indicating only the
name and/or address of the premises. Maximum sign area: eight square
feet. Maximum height: four feet.
[3]
General farming activities: two ground-mounted
signs per property indicating name, address and/or farming activities
of the property. Maximum sign area: 16 square feet. Maximum height:
eight feet.
[4]
Public use site: one ground-mounted sign. Maximum sign area: 16 square
feet. Maximum height: six feet.
[Added 9-15-2009]
(3)
Signs for conditionally permitted uses.
(4)
(5)
Signs for individual commercial or industrial activity
on a single lot. A single business located on a commercially or industrially
zoned lot may erect signs as follows:
[Amended 4-16-1996; 3-21-2006; 8-15-2006]
(b)
Types of signs permitted: wall, projecting,
awning, canopy, marquee or monument.
(c)
Maximum size of signs:
[1]
Wall sign.
[a]
Sign/Frontage ratio: one square
foot per linear foot of building frontage.
[b]
Maximum sign area: 64 square feet.
[c]
For buildings with more than 100
feet of building frontage, an additional one square foot of sign area
for each five feet over 100 feet of building frontage, not to exceed
150 square feet.
[2]
Monument sign.
[3]
Awning, canopy or marquee sign. Maximum sign
length shall not exceed the length of the vertical surface of the
awning, canopy or marquee.
[4]
Projecting sign. Maximum sign area: eight square
feet.
(6)
Signs for multiple businesses on a single zoning lot.
Multiple businesses located on a single zoning lot may erect signs
as follows:
[Amended 3-21-2006; 8-15-2006]
(a)
Maximum number of signs per business: three.
(b)
Types of signs permitted: wall, monument, projecting,
awning, canopy, marquee or monument. Mixtures of monument signs and
projecting signs are prohibited.
(c)
Maximum size of signs: the same as for individual businesses. See § 180-14K(5).
(e)
Wall sign: two per establishment, one per wall,
which shall be similar in color and lettering to other signs on the
same lot. The size shall be limited to one square foot of the building
frontage for the establishment. Maximum sign area: 200 square feet.
For buildings with more than 100 feet of building frontage, an additional
one square foot of sign area for each five feet over 100 feet of building
frontage, not to exceed 150 square feet. The sign shall not occupy
more than 90% of the building frontage.
[Amended 9-15-2009]
(7)
Signs for commercial and industrial centers (parks).
A planned, integrated development of five or more establishments located
on a minimum of two acres shall be authorized to erect signs based
on the following:
[Amended 4-16-1996; 3-21-2006; 8-15-2006]
(a)
Signs for individual establishments within a
center: the same as for individual or multiple businesses, provided
that no monument sign shall be permitted for individual businesses
located within or on the same lot with a shopping center. One monument
building identification sign may be erected for each detached principal
building within a commercial or industrial center. Such sign shall
identify only the name of the building and/or enterprise located therein,
the address, trademark, symbol or any combination thereof.
(b)
Shopping center identification sign: one monument
sign. Only the name and address of the center and the names of establishments
located therein shall be displayed.
[1]
Maximum sign area: 64 square feet.
[2]
Maximum height: 20 feet.
[3]
For shopping centers located on sites of greater
than 20 acres, two additional square feet of sign area for each acre
over 20 acres, not to exceed 150 square feet.
[4]
A shopping center with frontage and access to
two or more roads in the state highway system may have one freestanding
sign for each road, with a maximum of two such signs.
[5]
No freestanding signs other than those noted
above shall be permitted for individual businesses located within
the same shopping center.
(d)
Directional signs: on-premises sign, such as
"entrance," "exit," "parking,” "one-way," and similar directional
instructions designed to guide vehicular and/or pedestrian traffic.
Directional signs shall include no advertising and may include the
business name and/or logo only. The Zoning Administrator may approve
directional signs of a size, shape and number that are necessary for
and consistent with the efficient flow of pedestrian and vehicular
traffic.
[Amended 9-15-2009]
(e)
Awning or canopy sign. One awning or canopy
sign shall be permitted for each business. The sign must be located
completely under the awning or canopy and be perpendicular to the
building. Maximum sign area: four square feet.
(8)
Signs for fuel stations. Motor vehicle service and/or
filing stations shall comply with and be limited by all applicable
sign regulations within this section, including the provisions and
limitations as set forth in the following paragraphs:
[Amended 4-19-1994; 2-16-1999]
(a)
Motor vehicle service and filling stations may
have one ground-mounted sign. Maximum sign area: 64 square feet. Maximum
height of the ground-mounted: 12 feet.
(b)
Freestanding fuel price signs are not permitted.
(c)
If a canopy is constructed of such a size as
to protect vehicles, patrons and pumps against the weather, then the
fuel brand name or brand symbol may be displayed on two vertical surfaces
of the canopy (fascia), provided that the fascias selected are an
integral part of the canopy, provided that the letters or symbol do
not exceed the vertical dimensions of the fascias and provided that
no promotional and/or special sale advertisement are included. Maximum
height of letters or symbols: two feet. Maximum length of combined
letters or symbols: 12 feet. The fascia and sign may be illuminated,
provided that no flashing lights are involved.
(d)
Pump island signs showing the brand of fuel
and the type of fuel being offered are permitted, provided that the
signs do not extend beyond the cluster of pumps being covered, provided
that the signs offer no hazard to the safety of the motorist or attendant
using the pump or pumps covered and provided that no promotional and/or
special sale advertisements are included. These signs may be illuminated,
provided that no flashing lights are involved. Maximum height of pump
island signs: two feet.
(e)
If a building is constructed that is an integral
part of the service station operation, such as a pay booth, pay booth
and snack bar, food court, pay booth and general store and very similar
combinations, then one wall sign shall be permitted on that vertical
wall of the ancillary building closest to and best seen from the fuel
dispensing area. Maximum height of the sign: two feet. Maximum length
of the sign: 10 feet. The sign may be illuminated, provided that no
flashing lights are employed.
(9)
Signs for theaters. Theaters are allowed one sign per street frontage in compliance with § 180-14K(5), (6) and (7).
(10)
Signs for other uses within commercial and industrial
districts. In cases where the regulations within this Article do not
specifically address a sign for a permissible use within a commercial
or industrial district, the Zoning Administrator shall make a written
interpretation of the chapter, which shall be kept on file and used
as a guide for future determinations.
Within all districts, off-street parking shall be provided in accordance with the Table of Off-Street Parking Spaces Required (§ 180-15G). A standard off-street parking space shall measure at least nine feet in width by 18 feet in length except as provided for below. Parking spaces shall be properly related to a street for access purposes and shall be equipped with sufficient maneuvering space to preclude maneuvering of vehicles on any street or sidewalk. Spaces shall be arranged so that any vehicle may be removed without moving another. An area designated for required off-street parking shall not be discontinued or diminished until equal facilities are provided elsewhere in conformity with the regulations of this chapter.
A.
Reduction of size of parking spaces. Where more than
20 spaces are required by this chapter, a maximum of 20% of the required
spaces may be reduced to a minimum width of eight feet and a minimum
length of 16 feet, provided that such spaces are clearly marked for
compact cars only.
B.
Paving of parking areas. Where four or more parking spaces are required, the entire parking area shall have a hard surface. Hard surfacing shall not be required for agricultural pursuits as defined in § 180-8.
[Amended 8-18-2009]
C.
Lighting of parking areas. Where 20 or more parking
spaces are required, the area shall be illuminated to an appropriate
and reasonable level. Light sources shall be shielded and directed
in such a manner as to protect the privacy of adjoining properties.
D.
Buffering requirements. Where four or more parking
spaces are required and if located closer than 50 feet to a lot line
in any residential district, buffer screening shall be provided by
the owner of the parking space property. Screening details, including
provisions of continuous maintenance, shall be a part of the zoning
permit application.
E.
Limitation on use of off-street parking areas. Off-street
parking areas shall be used exclusively for parking. Storage, sale,
repair, display, dismantling, servicing or similar activities are
prohibited.
F.
Location of off-street parking. Required off-street
parking facilities shall be provided on the same lot with the principal
use or structure. Adjacent property may be used to satisfy the off-street
parking requirements of this chapter where an applicant can demonstrate
that adequate conditions and contractual safeguards exist to assure
the future availability on such property.
G.
The Table of Off-Street Parking Spaces Required is
as follows:
[Amended 4-18-2006; 10-16-2007]
|
Table of Off-Street Parking Spaces Required
| ||
|---|---|---|
|
Use
|
Spaces Required
| |
|
Boarding- or rooming house
|
1.0 per bed
| |
|
Bowling alley
|
4.0 per alley plus 1.0 per employee
| |
|
Church
|
1.0 per 4 fixed seats
| |
|
Circuses, carnivals
|
As determined by Zoning Administrator
| |
|
Community center
|
1.0 per 3-person occupancy plus 1.0 per employee
| |
|
Day-care, nursery
|
1.0 per 10 children plus 1.0 per employee
| |
|
Dwelling units
|
2.0 per unit
| |
|
Fairgrounds
|
1.0 per 3-person occupancy plus 1.0 per employee
| |
|
Funeral parlor
|
1.0 per 4 fixed seats or 1.0 per 75 square feet
whichever is greater
| |
|
Greenhouse, commercial
|
1.0 per 100 square feet of retail sales area
plus 1.0 per employee
| |
|
Home occupation
|
3.0 per 1,000 square feet of gross floor area
| |
|
Hotel, motel and extended-stay hotel
|
1.0 per unit or room plus restaurant spaces
| |
|
Manufacturing establishment
|
2.0 per worker on main shift
| |
|
Mobile homes
|
2.0 per unit
| |
|
Museum
|
1.0 per 3-person occupancy plus 1.0 per employee
| |
|
Office building
|
5.0 per 1,000 square feet net floor area
| |
|
Personal service establishment
|
1.0 per 200 square feet gross floor area plus
1.0 per employee
| |
|
Private club, lodge
|
1.0 per 4 fixed seats
| |
|
Private schools
|
1.0 per 5 pupils plus 1.0 per employee
| |
|
Recreation, commercial
|
1.0 per 3-person occupancy plus 1.0 per employee
| |
|
Rest or convalescent home
|
1.0 per 4 beds
| |
|
Restaurant
|
13.0 per 1,000 square feet of gross floor area
| |
|
Retail stores
|
5.0 per 1,000 square feet of gross floor area
| |
|
Tavern
|
15.0 per 1,000 square feet of gross floor area
| |
|
Vacation camp
|
1.5 per staff member
| |
|
Veterinary service
|
1.0 per 200 square feet of gross floor area
| |
|
Wayside stands
|
1.0 per 100 square feet of sales per display
area
| |
|
Zoo
|
1.0 per 3-person occupancy plus 1.0 per employee
| |
|
Other uses
|
As determined by Zoning Administrator
| |
[Amended 2-21-1995; 2-17-1998; 5-20-2008]
A.
Purpose. The purpose of these provisions is to prevent
the loss of life and property, the creation of health and safety hazards,
the disruptions of commerce and governmental services, the extraordinary
and unnecessary expenditure of public funds for flood protection and
relief and the impairment of the tax base by:
(1)
Regulating uses, activities and development which,
alone or in combination with other existing or future uses, activities
and development, will cause unacceptable increases in flood heights,
velocities and frequencies;
(2)
Restricting or prohibiting certain uses, activities
and development from locating within districts subject to flooding
or located within dam break inundation zones;
[Amended 5-21-2013]
(3)
Requiring all those uses, activities and developments
that do occur in flood-prone districts to be protected and/or floodproofed
against flooding and flood damage; and
(4)
Protecting individuals from buying land and structures
which are unsuited for intended purposes because of flood or dam break
hazards.
[Amended 5-21-2013]
(5)
The Planning Department shall maintain copies of all mapped dam break
inundation zones.
[Added 5-21-2013]
B.
Applicability: These provisions shall apply to all lands within the
unincorporated limits of Warren County and identified as being in
the Special Flood Hazard Area (SFHA) by the Federal Insurance Administration.
These lands are also identified in the most recent Flood Insurance
Study (FIS) and the Flood Insurance Rate Maps (FIRM) adopted by the
Warren County Board of Supervisors on June 3, 2008.
[Amended 5-21-2013]
C.
Compliance and liability.
(1)
No land shall hereafter be developed and no structure
shall be located, relocated, constructed, reconstructed, enlarged
or structurally altered except in full compliance with the terms and
provisions of this section and any other applicable ordinances and
regulations which apply to uses within the jurisdiction of this section.
(2)
(Reserved)
(3)
The degree of flood protection sought by the provisions
of this section is considered reasonable for regulatory purposes and
is based on acceptable engineering methods of study. Larger floods
may occur on rare occasions. Flood heights may be increased by man-made
or natural causes, such as ice jams and bridge openings restricted
by debris. This section does not imply that districts outside the
floodplain district or that land uses permitted within such district
will be free from flooding or flood damages.
[Amended 5-21-2013]
(5)
This section shall not create liability on the part
of Warren County or any officer or employee thereof for any flood
damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
D.
Definitions. Notwithstanding any other provision of
the Warren County Code, for the purposes of this section, the following
words and phrases shall have the meanings described herein:
- BASE FLOOD
- The flood having a 1% chance of being equaled or exceeded in any given year.
- BASE FLOOD ELEVATION
- The Federal Emergency Management Agency designated one-hundred-year water surface elevation.
- BASEMENT
- Any area of the building having its floor subgrade (below ground level) on all sides.
- BOARD OF ZONING APPEALS
- The board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this section.
- DAM BREAK INUNDATION ZONE
- The area downstream of a dam that would be inundated or otherwise
directly affected by the failure of the dam. The dam break inundation
zone shall be as shown on the dam break inundation zone map filed
with the Virginia Department of Conservation and Recreation.[Added 5-21-2013]
- DEVELOPMENT
- Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
- ELEVATED BUILDING
- A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings or columns (posts and piers).
- ENCROACHMENT
- The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
- EXISTING CONSTRUCTION
- Any buildings and structures for which the start of construction
commenced before May 1, 1980, in conjunction with the Flood Insurance
Rate Maps. Existing construction is also referred to as existing structures.[Added 5-21-2013]
- FLOOD-DAMAGE-RESISTANT MATERIALS
- Any construction material capable of withstanding direct
and prolonged contact with floodwaters without sustaining any damage
that requires more than cosmetic repair.[Added 5-21-2013]
- FLOOD INSURANCE RATE MAP (FIRM)
- An official map of a community on which the Federal Emergency
Management Agency (FEMA) has delineated both the special flood hazard
areas and the risk premium zones applicable to the community. DFIRM
is the digital version of the FIRM.[Added 5-21-2013]
- FLOOD INSURANCE STUDY
- The official report provided by the Federal Emergency Management
Agency containing the Flood Insurance Rate Map, the Flood Boundary
and Floodway Map (FBFM), the water surface elevation of the base flood
and supporting technical data.[Added 5-21-2013]
- (1)
- (2) The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature such as flash flood or an abnormal tidal surge or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1) of this definition.
- FLOODPLAIN or FLOOD-PRONE AREA
- Any land area susceptible to being inundated by water from any source.
- FLOODPROOFING
- Any combination of structural and nonstructural additions,
changes, or adjustments to structures, which reduce or eliminate risk
of flood damage to real estate or improved real property, water and
sanitation facilities, or structures and their contents. These include
required anchoring and strapping of structures and the inclusion of
approved flood vents when necessary.[Added 5-21-2013]
- FLOODWAY
- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
- FREEBOARD
- A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. It is a specific additional
height requirement above the base flood elevation (BFE) that provides
a margin of safety against extraordinary or unknown risks.[Amended 5-21-2013]
- HEC-RAS (HYDROLOGIC ENGINEERING CENTER - RIVER ANALYSIS SYSTEM)
- A one-dimensional steady flow hydraulic model designed to
aid hydraulic engineers in channel flow analysis and floodplain determination.[Added 5-21-2013]
- HIGHEST ADJACENT GRADE
- The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.[Added 5-21-2013]
- HISTORIC STRUCTURE
- Any structure that is:
- (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
- (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
- (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
- (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
- HYDROLOGIC AND HYDRAULIC (H&H) ANALYSIS
- Analyses performed by a licensed professional engineer, in
accordance with standard engineering practices that are accepted by
the Virginia Department of Conservation and Recreation and FEMA, used
to determine the base flood, other frequency floods, flood elevations,
floodway information and boundaries, flood profiles and mapping of
the Special Flood Hazard Area.[Added 5-21-2013]
- LETTER OF MAP CHANGE (LOMC)
- A letter which reflects an official revision to an effective
Flood Insurance Rate Map. A letter of map change is issued in lieu
of the physical revision and republication of the effective map.[Added 5-21-2013]
- LOWEST FLOOR
- The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of Federal Code 44 CFR 60.3.
- MANUFACTURED/MOBILE HOME
- A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term "manufactured/mobile home" does not include a "recreational vehicle."[Amended 5-21-2013]
- MANUFACTURED/MOBILE HOME PARK
- A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.[Added 5-21-2013]
- NEW CONSTRUCTION
- For the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial Flood Insurance Rate Map on or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
- POST-FIRM BUILDING
- A building for which construction or substantial improvement
occurred after May 1, 1980, or on or after the effective date of an
initial Flood Insurance Rate Map (FIRM), whichever is later.[Added 5-21-2013]
- PRE-FIRM BUILDING
- A building for which construction or substantial improvement
occurred on or before May 1, 1980, or before the effective date of
an initial Flood Insurance Rate Map (FIRM).[Added 5-21-2013]
- RECREATIONAL VEHICLE
- A vehicle which is:
- (1) Built on a single chassis;
- (2) Four hundred square feet or less when measured at the largest horizontal projection;
- (3) Designed to be self-propelled or able to be permanently towed; and[Amended 5-21-2013]
- (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use.
- REPETITIVE LOSS STRUCTURE
- A building covered by a contract for flood insurance that
has incurred flood-related damages on two occasions during a ten-year
period ending on the date of the event for which a second claim is
made, in which the cost of repairing the flood damage, on the average,
equaled or exceeded 25% of the market value of the building at the
time of each flood event.[Added 5-21-2013]
- SHALLOW FLOODING AREA (SHEET FLOW AREA)
- A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's
FIRM with a one-percent-or-greater annual chance of flooding to an
average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable, and where
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.[Added 5-21-2013]
- SPECIAL FLOOD HAZARD AREA (SFHA)
- The land in the floodplain subject to a one-percent-or-greater chance of being flooded in any given year as determined in § 180-16E(2) of this section and formerly called the one-hundred-year floodplain. Includes areas having special flood, mudflow, or flood-related erosion hazards, and shown on a Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) as Zones A, AO, A1-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/A1-A30, V1-V30, VE and V.[Amended 5-21-2013]
- START OF CONSTRUCTION
- The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of the construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
- SUBSTANTIAL DAMAGE
- Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
- SUBSTANTIAL IMPROVEMENT
- Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the assessed value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:
- (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
- (2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
- VIOLATION
- The failure of a structure or other development to be fully
compliant with the County's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required by
44 CFR 60.3 is presumed to be in violation until such time as that
documentation is provided for the as-built structure prior to issuance
of a certificate of occupancy from the Building Inspections Department.[Added 5-21-2013]
- WATERCOURSE
- A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
E.
Establishment of floodplain districts and dam break
inundation zones.
[Amended 5-21-2013]
(1)
Description of districts.
(a)
Basis of districts. The various floodplain districts
shall include special flood hazard areas. The basis for the delineation
of these districts shall be the Flood Insurance Study (FIS) for Warren
County prepared by the Federal Emergency Management Agency, dated
June 3, 2008, as amended.
[1]
The Special Flood Hazard Area Floodway District is delineated,
for purposes of this section, using the criterion that certain areas
within the floodplain must be capable of carrying the waters of the
base flood without increasing the water surface elevation of that
flood more than one foot at any point. The areas included in this
district are specifically defined in Table 4, Floodway Data, of the
above-referenced Flood Insurance Study and shown on the accompanying
Flood Insurance Rate Map.
[2]
The Special Flood Hazard Area Zone AE District shall be those
areas identified as an AE Zone on the Flood Insurance Rate Maps accompanying
the Flood Insurance Study for which base flood elevations have been
provided but for which no floodway has been delineated.
[3]
The Special Flood Hazard Area Zone A District shall be those
areas identified as an A Zone on the maps accompanying the Flood Insurance
Study. In these zones, no detailed flood profiles or elevations are
provided, but the one-percent annual chance of flooding boundary has
been approximated in the Flood Insurance Rate Maps and Digital Flood
Insurance Rate Maps.
[4]
Warren County may identify and regulate local flood hazard or
ponding areas that are not delineated on the FIRM through the County's
subdivision application process. These areas may be delineated on
a "Local Flood Hazard Map" using best available topographic data and
locally derived information such as flood of record, historic high-water
marks or approximate study methodologies. This data may be submitted
by a certified engineer and shall be used during the letter of map
revision process for determination of the floodplain and base flood
for a specific area.
(b)
Overlay concept.
[1]
The floodplain districts described below shall
be overlays to the existing underlying districts as shown on the Official
Zoning Map of Warren County and, as such, the provisions for the floodplain
districts shall serve as a supplement to the underlying district provisions.
[2]
Any conflict between the provisions or requirements
of the floodplain districts and those of any underlying district,
the more restrictive provisions and/or those pertaining to the floodplain
districts shall apply.
[3]
In the event that any provision concerning a
floodplain district is declared inapplicable as a result of any legislative
or administrative actions or judicial decision, the basic underlying
provisions shall remain applicable.
(2)
Official Zoning Map. The boundaries of the Special
Flood Hazard Area and Floodplain Districts are established as shown
on the Flood Insurance Rate Map (FIRM) and Digital Flood Insurance
Rate Map (DFIRM) which is declared to be a part of this section and
which shall be kept on file at the Warren County Planning and Zoning
offices.
(3)
District boundary changes.
(a)
The delineation of any of the Floodplain Districts
may be revised by the Warren County Board of Supervisors where natural
or man-made changes have occurred and/or where more detailed studies
have been conducted or undertaken by the United States Army Corps
of Engineers or other qualified agency, or an individual documents
the need for such change. However, prior to any such change, approval
must be obtained from the Federal Emergency Management Agency (FEMA)
after an elevation certificate and letter of map change (LOMC) have
been submitted to them.
(b)
Initial interpretation of the boundaries of
the floodplain districts shall be made by the Zoning Administrator.
Should a dispute arise concerning the boundaries of any of the districts,
the Board of Zoning Appeals shall make the necessary determination.
The person questioning or contesting the location of the district
boundary shall be given a reasonable opportunity to present his case
to the Board and to submit his own technical evidence if he so desires.
(4)
Jurisdictional boundary changes.
(a)
In accordance with CFR, Title 44, Subpart (B), Section 59.22(a)(9)(v),
all NFIP participating communities must notify the Federal Emergency
Management Agency and optionally the State Coordinating Office in
writing whenever the boundaries of the community have been modified
by annexation or the community has otherwise assumed or no longer
has authority to adopt and enforce floodplain management regulations
for a particular area.
(b)
In order that all Flood Insurance Rate Maps (FIRM) accurately
represent the community's boundaries, a copy of a map of the
community suitable for reproduction, clearly delineating the new corporate
limits or new area for which the community has assumed or relinquished
floodplain management regulatory authority must be included with the
notification.
F.
District provisions.
(1)
Permit and application requirements.
[Amended 5-21-2013]
(a)
Permit requirement. All uses, activities and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances, such as the Virginia Uniform Statewide Building Code, Chapter 155, Subdivision of Land, and Chapter 180, Zoning, of the Code book of Warren County. Prior to the issuance of any such permit, the Zoning Officer shall require all applications to include compliance with all applicable state and federal laws.
(b)
Site plans and permit applications. All applications
for development within any floodplain district and all building permits
issued for the Special Flood Hazard Area shall incorporate the following
information:
[1]
The base flood elevation (BFE) at the site,
topographic information showing existing and proposed ground elevations
for structures to be elevated, and the lowest floor elevation (including
basement).
[2]
For structures to be floodproofed (nonresidential only), the
elevation to which the structure will be floodproofed.
[3]
The issuance of an elevation certificate for an as-built structure
prior to the final inspection and a certificate of occupancy being
issued by Warren County Building Inspections and submitted to the
Zoning Administrator within 30 days prior to occupancy.
(2)
General standards. In all SFHA Districts the following provisions
shall apply:
[Amended 5-21-2013]
(a)
New construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
(b)
Manufactured homes shall be anchored to prevent
flotation, collapse or lateral movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or frame ties
to ground anchors. This standard shall be in addition to and consistent
with applicable state requirements for resisting wind forces.
(c)
New construction and substantial improvements
shall be constructed with materials and utility equipment resistant
to flood damage.
(d)
New construction or substantial improvements
shall be constructed by methods and practices that minimize flood
damage.
(e)
Electrical, heating, ventilation, plumbing,
air-conditioning equipment and other service facilities, including
duct work, shall be designed and/or located so as to prevent water
from entering or accumulating within the components during conditions
of flooding.
(f)
New and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
(g)
New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharges from the systems into floodwaters.
(h)
On-site waste disposal systems shall be located
and constructed to avoid impairment to them or contamination from
them during flooding.
(i)
Any alteration, repair, reconstruction or improvements
to a building that is in compliance with the provisions of this section
shall meet the requirements of new construction as contained in this
section.
(j)
Any alteration, repair, reconstruction or improvements
to a building that is not in compliance with the provisions of this
section shall be undertaken only if said nonconformity is not furthered,
extended or replaced.
(k)
Prior to any proposed alteration or relocation
of any channels or of any watercourse, stream, etc., within this jurisdiction
a permit shall be obtained from the United States Corps of Engineers,
the Virginia Department of Environmental Quality and the Virginia
Marine Resources Commission. (A joint permit application is available
from any of these organizations.) Furthermore, notification of the
proposal shall be given by the applicant to all affected adjacent
jurisdictions, the Department of Conservation and Recreation (Division
of Dam Safety and Floodplain Management) and the Federal Insurance
Administration.
(l)
The flood-carrying capacity within an altered
or relocated portion of any watercourse shall be maintained.
(3)
Specific standards. In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated according to § 180-16F(1), the following provisions shall apply and shall comply with the current Uniform Statewide Building Code (USBC):
(a)
Residential construction. Construction of these structures within
the regulatory floodway (SFHA Floodway District) shall be prohibited.
Within the Special Flood Hazard Areas Zones A and AE, new construction
or substantial improvement of any residential structure (including
manufactured homes) shall have the lowest floor, including basement,
elevated no lower than one foot above the base flood elevation and
shall be constructed with an additional one foot of freeboard if within
100 feet of the regulatory floodway. They must also meet a linear
setback of 25 feet from the edge of the regulatory floodway as determined
in the Flood Insurance Study or through a base floodwater surface
elevation analysis. Such certifications and determinations, including
the specific elevation (in relation to mean sea level) to which such
structures are floodproofed, shall be maintained by the County Planning
Department.
(b)
Nonresidential construction. Construction of these structures
within the SFHA Floodway shall be prohibited. New construction or
substantial improvement of any commercial, industrial, or institutional
buildings located in all A and AE Zones shall have the lowest floor,
including basement, elevated to no lower than one foot above the base
flood elevation. These buildings may be floodproofed in lieu of being
elevated, provided that all areas of the building components below
the elevation corresponding to the BFE plus one foot are watertight
with walls substantially impermeable to the passage of water, and
use structural components having the capability of resisting hydrostatic
and hydrodynamic loads and the effect of buoyancy. A registered professional
engineer or architect shall certify that the standards of this subsection
are satisfied. Such certifications shall be provided during the site
plan process and must be approved by Planning staff.
(c)
Accessory structures. Vacant lots in the Residential-1 (R-1)
and Residential-2 (R-2) Zoning Districts, located in the Special Flood
Hazard Area shall have a principal use for private-use camping established
by conditional use permit prior to an accessory structure being located
on the property. The structure is to be used for storage of property
maintenance and recreation equipment only and shall be composed of
materials approved by the Planning Department. It shall be no larger
than 160 square feet and shall meet the requirements for flood venting
based on square footage of the structure. Structures shall be required
to be floodproofed and strapped or anchored according to the Uniform
Statewide Building Code (USBC). The appropriate building permits shall
be issued prior to construction and a final inspection and elevation
certificate shall be required for compliance of the structure.
(d)
Elevated buildings. Enclosed areas of new construction
or substantially improved structures which are below the regulatory
flood protection elevation shall:
[1]
Not be designed or used for human habitation,
but shall only be used for parking of vehicles, building access or
limited storage of maintenance equipment used in connection with the
premises. Access to the enclosed area shall be the minimum necessary
to allow for parking of vehicles (garage door) or limited storage
of maintenance equipment (standard exterior door) or entry to the
living area (stairway or elevator). The interior portion of such enclosed
area shall not be partitioned or finished into separate rooms, except
to enclose storage areas;
[2]
Be constructed entirely of flood-resistant materials
below the regulatory flood protection elevation;
[3]
Include, in Zones A and AE, measures to automatically
equalize hydrostatic flood forces on walls by allowing for the entry
and exit of floodwaters. To meet this requirement, the openings must
either be certified by a professional engineer or architect or meet
the following minimum design criteria:
[a]
Provide a minimum of two openings
on different sides of each enclosed area subject to flooding.
[b]
The total net area of all openings
must be at least one square inch for each square foot of enclosed
area subject to flooding.
[c]
If a building has more than one
enclosed area, each area must have openings to allow floodwaters to
automatically enter and exit.
[d]
The bottom of all required openings
shall be no higher than one foot above the adjacent grade.
[e]
Openings may be equipped with screens,
louvers or other opening coverings or devices, provided they permit
the automatic flow of floodwaters in both directions.
[f]
Foundation enclosures made of flexible
skirting are not considered enclosures for regulatory purposes and,
therefore, do not require openings. Masonry or wood underpinning,
regardless of structural status, is considered an enclosure and requires
openings as outlined above.
(e)
Standards for manufactured homes and recreational
vehicles.
[1]
All manufactured homes placed, or substantially improved, on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, in a new manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood must meet all the requirements for new construction, including the elevation and anchoring requirements in § 180-16F(1) and (2).
[2]
All manufactured homes placed or substantially
improved in an existing manufactured home park or subdivision must
be elevated so that:
[a]
The lowest floor of the manufactured
home is elevated no lower than one foot above the base flood elevation;
or
[b]
The manufactured home chassis is
supported by reinforced piers or other foundation elements of at least
an equivalent strength and of no less than 36 inches in height above
the grade;
[c]
The manufactured home must be securely
anchored to the adequately anchored foundation system to resist flotation,
collapse and lateral movement;
[3]
All recreational vehicles placed on sites must
either:
[a]
Be on the site for fewer than 180
consecutive calendar days, be fully licensed and ready for highway
use; or
[b]
Meet all the requirements for manufactured homes in § 180-16F(3)(d), outlined above.
[4]
A recreational vehicle is ready for highway
use if it is on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices and has
no permanently attached additions.
(4)
Standards for Special Flood Hazard Area Zone A District.
[Amended 5-21-2013]
(a)
When base flood elevation data or floodway data have not been provided, the Zoning Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or any other source, in order to administer the provisions of § 180-16F. In locations where the specific base flood elevations and floodway boundary cannot be determined using sources such as the United States Army Corps of Engineers Floodplain Reports, United States Geological Survey Flood-Prone Quadrangles or other existing data, then the applicant shall provide documentation certifying the base flood elevation and floodway boundary using hydrologic and hydraulic engineering methods and modeling. This analysis shall be certified by a state-registered professional engineer or surveyor and submitted to the Planning Department with supplemental data relating to the study. When such base flood elevation and floodway boundary data is utilized, the Zoning Administrator shall obtain:
[1]
An elevation certificate which states the elevation (in relation
to the mean sea level) of the lowest floor (including the basement)
of all new and substantially improved structures; and
[2]
Documentation that the structure has been floodproofed in accordance with the requirements of § 180-16F(3)(b), above, the elevation in relation to the mean sea level to which the structure has been floodproofed.
(b)
New construction, development and substantial improvement of
existing structures within the regulatory floodway shall be prohibited.
(c)
Any new construction or substantial improvement of any residential
structure (including manufactured homes) shall have the lowest floor,
including basement, elevated no lower than one foot above the base
flood elevation. The structure shall be constructed with an additional
one foot of freeboard if within 100 feet of the regulatory floodway.
(d)
Any new construction or development must meet a linear setback
of 25 feet from the edge of the regulatory floodway based on best
available data or through a hydrologic and hydraulic analysis study
submitted by a certified engineer.
(e)
Development activities in Zone A on the Warren County Flood
Insurance Rate Map which increase the water surface elevation of the
base flood by more than one foot may be allowed, provided that the
developer or applicant first applies, with the Board of Supervisor's
endorsement, for a conditional letter of map revision (CLOMR) or one
based on fill (CLOMR-F), and receives the approval of the Federal
Emergency Management Agency.
(5)
Standards for the Special Flood Hazard Area Zone AE District. The
following provisions shall apply within this district:
[Amended 5-21-2013]
(a)
New construction, substantial improvements, or other development
(including fill) shall be permitted within the areas of special flood
hazard, designated as AE on the Flood Rate Insurance Map and located
outside of the regulatory floodway.
[1]
An elevation certificate which states the elevation (in relation
to the mean sea level) of the lowest floor (including the basement)
of all new and substantially improved structures; and
[2]
Documentation that the structure has been floodproofed in accordance with the requirements of § 180-16F(3)(b), above, the elevation in relation to the mean sea level to which the structure has been floodproofed.
(b)
New construction, development and substantial improvement of
existing structures within the regulatory floodway shall be prohibited.
(c)
Any new construction or substantial improvement of any residential
structure (including manufactured homes) shall have the lowest floor,
including basement, elevated no lower than one foot above the base
flood elevation. The structure shall be constructed with an additional
one foot of freeboard if within 100 feet of the regulatory floodway.
(d)
Any new construction or development must meet a linear setback
of 25 feet from the edge of the regulatory floodway as determined
in the Flood Insurance Study or through a base floodwater surface
elevation analysis completed by a certified engineer.
(e)
Development activities in AE on the Warren County Flood Insurance
Rate Map which increase the water surface elevation of the base flood
by more than one foot may be allowed, provided that the developer
or applicant first applies, with the Board of Supervisor's endorsement,
for a conditional flood insurance rate map revision (CLOMR) or one
based on fill (CLOMR-F), and receives the approval of the Federal
Emergency Management Agency.
(6)
Standards for the Special Flood Hazard Area Floodway District. The
following provisions shall apply within this district:
[Amended 5-21-2013]
(a)
Encroachments, including fill, new construction, substantial improvements and other developments shall be prohibited, with the exception of accessory structures used solely for storage of recreation equipment and property maintenance equipment as referenced in § 180-16F(3)(a).
(b)
If § 180-16F(6)(a) is satisfied, all new construction of accessory structures shall comply with all applicable flood hazard reduction provisions of § 180-16F.
(c)
The placement of manufactured homes (mobile
homes) is prohibited, except in an existing manufactured homes (mobile
homes) park or subdivision. A replacement manufactured home may be
placed on a lot in an existing manufactured home park or subdivision,
provided the anchoring, elevation and encroachment standards are met.
(7)
Standards for subdivision proposals.
(a)
All subdivision proposals shall be consistent
with the need to minimize flood damage;
(b)
All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage;
(c)
All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood hazards; and
(d)
Hydrologic and hydraulic analysis and/or drainage study, erosion
and sediment, encroachment analysis and base flood elevation data
shall be provided for subdivision proposals and other proposed development
proposals (including manufactured home parks and subdivisions) that
are in the SFHA or within 100 feet of the boundary of the Special
Flood Hazard Area.
[Amended 5-21-2013]
G.
Variances: factors to be considered.
(1)
In passing upon applications for variances, the Board
of Zoning Appeals shall satisfy all relevant factors and procedures
specified in other sections of the Zoning Ordinance and consider the
following additional factors:
(a)
The showing of good and sufficient cause.
(b)
The danger to life and property due to increased
flood heights or velocities caused by encroachments. No variance shall
be granted for any proposed use, development or activity within any
Floodway District that will cause any increase in the Special Flood
Hazard Area base flood elevation.
[Amended 5-21-2013]
(c)
The danger that materials may be swept on to
other lands or downstream to the injury of others.
(d)
The proposed water supply and sanitation systems
and the ability of these systems to prevent disease, contamination
and unsanitary conditions.
(e)
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owners.
(f)
The importance of the services provided by the
proposed facility to the community.
(g)
The requirements of the facility for a waterfront
location.
(h)
The availability of alternative locations not
subject to flooding for the proposed use.
(i)
The compatibility of the proposed use with existing
development and development anticipated in the foreseeable future.
(j)
The relationship of the proposed use to the
comprehensive plan and floodplain management program for the area.
(k)
The safety of access by ordinary and emergency
vehicles to the property in time of flood.
(l)
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters expected at the
site.
(m)
The repair or rehabilitation of historic structures
upon a determination that the proposed repair or rehabilitation will
not preclude the structure's continued designation as an historic
structure, and the variance is the minimum necessary to preserve the
historic character and design of the structure.
(n)
Such other factors which are relevant to the
purposes of this section.
(o)
The ability of the property owner to remove equipment and vehicles
incidental to the use of the property prior to or during a flood event.
[Added 5-21-2013]
(2)
The Board of Zoning Appeals may refer any application
and accompanying documentation pertaining to any request for a variance
to any engineer or other qualified person or agency for technical
assistance in evaluating the proposed project in relation to flood
heights and velocities and the adequacy of the plans for flood protection
and other related matters.
(3)
Variances shall be issued only after the Board of
Zoning Appeals has determined that the granting of such will not result
in unacceptable or prohibited increases in flood heights; additional
threats to public safety; extraordinary public expense; and will not
create nuisances; cause fraud or victimization of the public; or conflict
with local, state or federal laws or ordinances.
[Amended 5-21-2013]
(4)
Variances shall be issued only after the Board of
Zoning Appeals has determined that the variance will be the minimum
required to provide relief from exceptional hardship to the applicant.
(5)
The Board of Zoning Appeals shall notify the applicant
for a variance, in writing, that the issuance of a variance to construct
a structure below the Special Flood Hazard Area base flood elevation
increases the risks to life and property and will result in increased
premium rates for flood insurance.
[Amended 5-21-2013]
(6)
A record shall be maintained of the above notification
as well as all variance actions, including justification for the issuance
of the variances. Any variances that are issued shall be noted in
the annual or biennial report submitted to the Federal Insurance Administrator.
(7)
A record of the issuance of a variance with any conditions attached
shall be recorded with the deed to the property and on any elevation
certificate submitted for the property within 60 days from the approval
of the variance by the Board of Zoning Appeals (BZA).
[Added 5-21-2013]
A.
A home occupation is a use conducted entirely within
a dwelling unit clearly incidental and subordinate to its use for
residential purposes by its occupants. Home occupations shall be confined
to the principal structure, wherein not more than 25% of the floor
area of the dwelling unit shall be used in the conduct of the home
occupation.
B.
No person other than members of the family residing
on the premises shall be engaged in such occupation.
C.
There shall be no change in the outside appearance
of the building or premises or other visible evidence of the conduct
of such home occupation other than one nonilluminated sign. Maximum
sign area: two square feet.
D.
No equipment or process shall be used in a home occupation
which creates noise, vibration, glare, fumes, dust or odors detectable
to normal senses outside the dwelling unit. No equipment or process
shall be used which creates visual or audible interference in any
radio or television receivers off the premises or causes fluctuations
in line voltage off the premises.
E.
No traffic shall be generated by a home occupation
in greater volume than would normally be expected in a residential
neighborhood. Any need for parking generated by the conduct of a home
occupation shall be met by providing off-street parking in an area
other than in a required front yard.
F.
Boarding- and rooming houses, tourist homes, bed-and-breakfast
homes and private educational institutions shall not be deemed home
occupations.
[Amended 3-17-1998]
It is the intent of the regulations of this
section to encourage proper design of a site in order to protect adjacent
existing and proposed uses within the site. Certain types of uses
must be buffered from other types in order to ensure a desirable environment.
Additionally, appropriate distances must be maintained between commercial,
industrial and residential uses and roads.
A.
Distance buffers. Distance buffers are based on the
nature of an activity and its proximity to an activity of a different
nature. They are linear distances measured from property lines inward.
Part of the buffer must be inactive and part may be active. The inactive
portion begins at the adjoining property line.
(1)
Inactive distance buffer. This portion of a buffer
area permits no activity except the necessary functions provided by
transmission lines, underground conduits, waterlines, sewer lines,
etc.
(2)
Active distance buffer. This portion of a buffer may
not be encroached by a building or other principal structure or activity.
However, parking is permitted in this area. Active buffers shall not
contain road rights-of-way.
(3)
Wherever a proposed structure or use is within 200
feet of the boundaries of existing uses, the Planning Commission may
require increased or additional distance buffers.
B.
Screening. Screening is designed to work with distance
buffers to lessen the impact of noise or visual impact between adjacent
activities. There are two levels of screening: landscape screening
and full screening. The higher the level of screening provided, the
lower the level of distance buffer required.
(1)
Landscape screening. A landscape screen consists of
a totally landscaped easement at least 10 feet in depth. "Totally
landscaped" means a minimum landscaping density of three plants per
10 linear feet. These plants shall be at least four feet in height
at planting and intended to reach a minimum height of six feet at
maturity. There shall be at least three species of plants, with the
majority being evergreens and at least 1/3 being deciduous. Where
natural barriers, topography or other features achieve the functions
of the landscape screen, the requirement for screening may be waived
by the Planning Commission or Board of Supervisors.
(2)
Full screen. A full screen provides all the elements
of a landscape screen and also includes a six-foot-high opaque hedge,
fence, wall, mound or berm. An existing woodland strip of 50 feet
may be allowed as a full screen. If natural barriers, topography or
other features achieve the results of the full screen, the requirement
may be waived by the Planning Commission or Board of Supervisors.
The requirements of this subsection may be changed to maintain highway
sight distances.
(3)
Wherever proposed structures or uses are adjacent
to existing uses, the Planning Commission may require additional landscaping
or landscaped easements to separate different uses and to achieve
the intent of this section.
C.
Zoning district buffers. Buffers shall be placed on
land to be developed when it adjoins land in a different zoning district(s).
(1)
Buffers shall be provided on the land to be developed
according to the categories in the following tables:
(a)
Buffer categories:
|
Distance Buffer Required
| ||||
|---|---|---|---|---|
|
Category
|
Screening Provided
|
Inactive
(minimum)
(feet)
|
Active
(maximum)
(feet)
|
Total
(feet)
|
|
A
|
Full screen
|
--
|
--
|
--
|
|
A
|
Landscape screen
|
--
|
--
|
--
|
|
A
|
No screen
|
25
|
25
|
50
|
|
B
|
Full screen
|
25
|
25
|
50
|
|
B
|
Landscape screen
|
50
|
25
|
75
|
|
B
|
No screen
|
100
|
50
|
150
|
|
C
|
Full screen
|
50
|
25
|
75
|
|
C
|
Landscape screen
|
100
|
50
|
150
|
|
C
|
No screen
|
250
|
50
|
300
|
(b)
Buffer categories to be provided on land to
be developed according to the zoning of the adjoining land:
|
Zoning of Land to be Developed
|
A
|
R-1
|
R-2
|
VR
|
SR
|
C
|
I
|
|---|---|---|---|---|---|---|---|
|
A
|
—
|
—
|
—
|
—
|
—
|
A
|
A
|
|
R-1
|
—
|
—
|
—
|
—
|
—
|
A
|
A
|
|
R-2
|
—
|
—
|
—
|
—
|
—
|
A
|
A
|
|
VR
|
—
|
—
|
—
|
—
|
—
|
A
|
A
|
|
SR
|
—
|
—
|
—
|
—
|
—
|
A
|
A
|
|
C
|
B
|
B
|
B
|
B
|
B
|
—
|
A
|
|
I
|
C
|
C
|
C
|
C
|
C
|
B
|
—
|
(2)
The Planning Commission may waive or reduce any or
all of the requirements for the applicable zoning district buffers
on a particular site plan when all uses shown on the site plan are
allowed in both the zoning district in which the development is occurring
and in the adjoining zoning districts.
(3)
Whenever screening or a barrier is required by this
chapter or by conditions imposed by the Board, there shall be a perpetual
responsibility on the part of the applicant/owner to maintain the
screening or the barrier in a condition comparable to or better than
originally approved.
[Amended 9-6-1995]
A.
In order to protect the public health, the use of
land for the exterior accumulation of refuse in a location visible
from any public right-of-way or adjacent property, except under specified
conditions, is hereby declared to be contrary to public policy. Except
during periods of alteration, construction or repairs performed under
authorization of a building permit, the accumulation of scrap materials
of any nature in an exterior location other than in closed-lid containers,
approved junkyards, automobile graveyards or sanitary landfills for
periods in excess of 15 days is prohibited. Upon complaint of any
citizen, the Administrator shall investigate or cause to be investigated
such complaint and, if he finds this section is being violated, shall
notify the occupant or owner of the premises involved. Failure of
such occupant or owner to remove such accumulation of refuse within
10 days after such notification shall constitute a violation of this
chapter.
B.
In the event that prosecution of a violation of this
section is deemed by the Board of Supervisors to have been ineffectual
in bringing about compliance with this section or is deemed by the
Board to be impractical, the Board of Supervisors, after reasonable
notice, may have such trash, refuse, litter and like substances which
might endanger the health and safety of other residents of the County
removed by its own agents or employees, in which event the cost thereof
shall be chargeable to and paid by the owners of such property and
may be collected by the County as taxes and levies are collected.
Every charge authorized by this section with which the owners of any
such property shall have been assessed and remains unpaid shall constitute
a lien against such property.
