Division 8 – Additional Regulations
Division 8 – Additional Regulations
§ 19.6-77 Convenience stores.
A. Limited sale of foods prepared on the premises may be allowed, provided no more than 20% of the floor area is devoted to seating facilities. Seating areas in excess of this shall constitute a fast-food restaurant.
B. Exterior display of merchandise for sale is allowed under the following conditions:
(1) On a paved walkway within three feet of the building.
(2) Ice machines and soft drink vending machines, in operating condition, shall be stored under a roofed area.
C. The display of vehicles for sale is prohibited.
D. When adjoining a residential use type, a twenty-foot-wide buffer yard shall be provided along the property line which adjoins the residential use type. The buffer yard shall include a mix of evergreen and deciduous trees and shrubs approved by the Zoning Administrator.
§ 19.6-78 Gasoline stations.
A. Bulk storage of fuel shall be pursuant to the standards established by the National Fire Prevention Association (NFPA) and the United States Environmental Protection Agency (EPA).
B. Fuel dispensers shall be located at least 30 feet from any public street right-of-way and shall be located at least 100 feet from any adjoining residential use type.
C. When adjoining a residential use type, a twenty-foot-wide buffer yard shall be provided along the property line which adjoins the residential use type. The buffer yard shall include a mix of evergreen and deciduous trees and shrubs approved by the Zoning Administrator.
§ 19.6-79 Swimming pools.
Swimming pools (aboveground or below-ground) shall be considered accessory structures and shall be subject to the minimum setback requirements for such structures within any district that allows such. There is no minimum separation requirement from another structure. If the pool is surrounded by a fence, then the setback shall be measured from the fence; otherwise, the setback is measured from the side wall of the pool.
§ 19.6-80 Accessory uses.
As defined, accessory uses and structures may be commonly found and associated with principal use types. Principal uses which are allowed by right or by conditional use may include, but not be limited to, accessory uses and activities, provided such accessory uses and activities are appropriate and incidental to the principal use, and provided they are designed and located in accordance with the intent and provisions of this chapter.
A. Agricultural use types.
(1) Agricultural use types may include, but not be limited to, the following accessory uses, activities, or structures on the same site or lot:
(a) Parking areas.
(b) Storage of agricultural equipment, products, or materials associated with the principal use.
(c) Temporary sawmills.
(d) Other uses and activities necessarily and customarily associated with the purpose and function of agricultural use types, as determined by the Zoning Administrator.
B. Residential use types.
(1) Residential use types may include, but not be limited to, the following accessory uses, activities, or structures on the same site or lot:
(a) Private garages and parking for the principal use.
(b) Recreational activities and uses used by residents, including structures necessary for such uses.
(c) Playhouses, gazebos, incidental household storage buildings, swimming pools, and other similar accessory structures.
(d) Garage and yard sales, provided such sales occur no more than two days in a two-month period.
(e) Other uses and activities necessarily and customarily associated with the purpose and function of residential use types, as determined by the Zoning Administrator.
(f) Construction office or trailer associated with active construction on a site. Said office or trailer must be removed from the premises within 30 days of issuance of the certificate of occupancy.
C. Office use types.
(1) Office use types may include, but not be limited to, the following uses, activities, or structures on the same site or lot:
(a) Parking for the principal use.
(b) Recreational facilities available only to the employees.
(c) Day-care facilities available only to the employees.
(d) Other uses and activities necessarily and customarily associated with the purpose and function of office use types, as determined by the Zoning Administrator.
(e) One accessory dwelling unit occupied by employees responsible for the security of the use.
(f) Construction office or trailer associated with active construction on a site. Said office or trailer must be removed from the premises within 30 days of issuance of the certificate of occupancy.
D. Commercial use types.
(1) Commercial use types may include, but not be limited to, the following uses, activities, or structures on the same site or lot:
(a) Parking for the principal use.
(b) Accessory storage buildings or areas.
(c) One accessory dwelling unit occupied by employees responsible for the security of the use.
(d) Other uses and activities necessarily and customarily associated with the purpose and function of commercial use types, as determined by the Zoning Administrator.
(e) Construction office or trailer associated with active construction on a site. Said office or trailer must be removed from the premises within 30 days of issuance of the certificate of occupancy.
E. Industrial use types.
(1) Industrial use types may include, but not be limited to, the following uses, activities, or structures on the same site or lot:
(a) Parking for the principal use.
(b) Recreational facilities available only to the employees.
(c) Day-care facilities available only to the employees.
(d) Other uses and activities necessarily and customarily associated with the purpose and function of industrial use types, as determined by the Zoning Administrator.
(e) One accessory dwelling unit occupied by employees responsible for the security of the use.
(f) Construction office or trailer associated with active construction on a site. Said office or trailer must be removed from the premises within 30 days of issuance of the certificate of occupancy.
(g) Cafeterias and/or sandwich shops available only to the employees of the use type.
(h) Incidental retail sale of goods associated with the industrial use type, provided the square footage does not exceed 10% of the gross floor area or 3,000 square feet, whichever is less.
§ 19.6-81 Outdoor shooting ranges.
A. The perimeter property line and the site or area used as a shooting range or match shall be fenced, posted every 100 feet and otherwise restricted so that access to the site is controlled to ensure the safety of patrons, spectators, and the public at large.
B. The minimum distance from any firing point measured in the direction of fire to the nearest property line shall not be less than 1,000 feet.
C. A backstop shall be utilized to absorb the discharge load; the minimum distance may be 200 feet from the target.
D. No discharge point shall be located so as to point the direction of fire towards any publicly owned and maintained road.
§ 19.6-82 Campgrounds.
A. The minimum area for a campground shall be 10 contiguous acres.
B. Each campsite shall be set back a minimum distance of 50 feet from the perimeter property line of the campground.
C. The maximum density shall be 14 sites per gross acre. Each campsite designed for recreational vehicles shall have a minimum space of 2,000 square feet with a minimum width of 30 feet. Areas devoted solely for tent camping shall provide at least 500 square feet per campsite.
D. Vacation cottages may be constructed within a campground, provided that a minimum land area of 4,000 square feet is designated for each cottage site. The maximum floor area of the cottage shall be 30% of the site area.
E. The primary access road shall be paved in accordance with the latest edition of the Virginia Department of Transportation’s Subdivision Street Requirements Manual. Such paving shall extend from the public street right-of-way to the entrance station. Interior roads and access to individual sites shall consist, at a minimum, of an all-weather gravel surface. All interior roads shall be 18 feet wide for two-way travel and 12 feet wide for one-way travel. No campsite shall have direct access to a public street.
F. One manufactured home, or single-family dwelling, established pursuant to this chapter may be located in a campground as a caretaker’s residence.
G. The following uses and activities shall be prohibited at a campground:
(1) The sale, storage, use, or occupancy of any manufactured home, except as provided above.
(2) The sale of recreational vehicles and the storage of unoccupied units not in a condition for safe occupancy.
H. Indoor and outdoor recreational facilities are permitted for the exclusive use of the campground tenants. At least 15% of the campground area shall be developed and improved for recreational uses. In calculating the required area, common walkways and related landscaping may be included, provided such space is at least 20 feet in width. At least half of the required recreation area shall be for active recreation, such as swimming pools, ballfields, and play lots for small children. No developed recreational areas shall be located within the required yard setbacks for the district.
I. Retail sales for the convenience of campground tenants are permitted. Items are limited to food, concessions, recreational supplies, personal care items, and other items clearly supportive of campground tenants’ needs.
J. Guests may stay no more than 30 nights in any one calendar year. The operator of the campground shall maintain a log of all guests, including their name, address, license plate number, and length of stay, and shall make the log available to County staff upon request.
K. The campground site shall have direct access to a publicly owned and maintained street.
§ 19.6-83 Home occupations, Type I and Type II.
It is recognized that a home occupation provides valuable services while providing income for County residents. The regulations in this section seek to prevent conflict of the home occupation with the surrounding residential areas and to ensure that the home occupation maintains a secondary posture to the main residential use.
A. Home occupations, where permitted, must meet the following general requirements:
(1) A zoning permit or home occupation application is required to be approved prior to commencing the home occupation activity.
(2) The applicant must be the owner of the property on which the home occupation is to be located or must have written approval of the owner of the property if the applicant is a tenant.
(3) The home occupation shall be operated only by the members of the family residing on the premises, and no article or service shall be sold or offered for sale except as may be made by members of the immediate family residing on the premises.
(4) The use is clearly incidental and secondary to the use of the property for dwelling purposes, and no external alterations which would cause the premises to differ from its residential character by the use of colors, materials, lighting, or construction are permitted.
(5) Restrictions on home occupations shall not apply to the sale of unprocessed agricultural and husbandry products.
B. Additional standards for all Type I home occupations:
(1) The maximum floor area permitted for a home occupation shall be 10% of the finished floor area of the dwelling unit. Storage of goods or products shall not exceed 5% of the finished floor area.
(2) There shall be no display or storage of goods or products visible from a public or private right-of-way or any adjacent property.
(3) The sale of goods or services produced on the premises which involve a consumer coming to the premises shall be limited to no more than five customers or vehicles per day. Babysitting for five or fewer children shall be permitted.
(4) Lessons in the applied arts shall be permitted, provided that the class size for any lesson does not exceed five students at any one time or a total of 15 students per week.
(5) No sign may be placed on the property advertising the home occupation.
(6) No advertising through local media, including telephone books, flyers, banners, social media or other internet media, shall be permitted so as not to call attention to the residential address of the home occupation.
(7) An accessory building or structure may be used, provided that the total floor area between the dwelling unit and the accessory building devoted to the home occupation does not exceed the 10% of the finished floor area of the dwelling unit.
C. Additional standards for all Type II home occupations:
(1) The maximum floor area permitted for the home occupation shall be 25% of the finished floor area of the dwelling unit. Storage of goods or products shall not exceed 12% of the finished floor area.
(2) An accessory building or structure may be used with the home occupation, provided that the total floor area between the dwelling unit and the accessory building devoted to the home occupation does not exceed 25% of the finished floor area of the dwelling unit.
(3) The sale of goods or services produced on the premises which involve a consumer coming to the premises shall be limited to not more than 20 customers or vehicles per day. Babysitting for five or fewer children shall be permitted.
(4) Lessons in the applied arts shall be permitted, provided that the class size for any lesson does not exceed eight students at any one time or a total of 24 students per week.
(5) One nonilluminated sign, a maximum of two square feet in area, shall be permitted per dwelling, regardless of the number of home occupations within the dwelling.
D. A zoning permit for home occupations shall expire under either of the following conditions:
(1) Whenever the applicant ceases to occupy the premises for which the home occupation permit was issued; and no subsequent occupant of such premises shall engage in any home occupation until he shall have been issued a new permit after proper application.
(2) Whenever the holder of such permit fails to exercise the same for any period of 12 consecutive months.
§ 19.6-84 Mobile home parks.
A. General standards:
(1) Minimum tract size for any new or expanding park: five contiguous acres.
(2) Minimum frontage for any new or expanding park: 50 feet on a publicly owned and maintained street.
(3) Maximum density for any new or expanding park served by a community water and/or sewer system: seven dwelling units per gross acre.
(4) In a manufactured home park, the manufactured home shall be less than 19 feet in width and shall otherwise comply with the requirements of this article.
(5) A fifty-foot buffer yard shall be installed along the side and rear perimeter of the park. No square footage allocated to a manufactured home shall be located within any portion of a required buffer yard.
B. Minimum lot requirements:
(1) Minimum area for each lot in the park: 5,000 square feet; this shall be clearly marked on the ground by permanent flush stakes.
(2) Minimum width for each lot in the park: 40 feet.
C. Minimum setback requirements:
(1) Front yard (measured from any interior street): 20 feet.
(2) Front yard (for lots fronting a perimeter street): 30 feet.
(3) Side yard: five feet.
(4) Rear yard: 10 feet.
(5) Distance between manufactured homes: 25 feet.
(6) Accessory buildings: behind the front face of the manufactured home and three feet from any boundary line.
D. Additional improvements:
(1) Each manufactured home lot shall have a pad constructed for the placement of a manufactured home in full compliance with the area, lot, and setback requirements of this section.
(2) All manufactured homes shall be anchored to the pad in accordance with the provisions of the Virginia Uniform Statewide Building Code.
(3) Each manufactured home shall be skirted with a durable material.
E. Outdoor recreation areas:
(1) Minimum usable space for recreational areas: 8% of the gross area of the manufactured home park.
(2) Minimum countable area: 5,000 contiguous square feet.
(3) Space shall not include manufactured home lots, buffer yards, street rights-of-way, open parking areas, or driveways.
(4) Recreational areas shall include passive and active facilities and be of an appropriate nature and location to serve the residents of the park. This may include facilities such as recreation centers, swimming pools, tennis and basketball courts, and similar facilities.
(5) Maintenance shall be the responsibility of the park management.
F. Streets and walkways:
(1) Streets in a manufactured home park may be private so long as the surfacing material and design comply with all applicable County standards for such streets, or to VDOT Secondary Road Standards, whichever is more restrictive.
(2) If the streets are private, then the following standards shall apply:
(a) Street width: 20 feet.
(b) Culs-de-sac: shall have a minimum diameter of 80 feet.
(c) Maximum gradient: 12%.
(d) Manufactured home lots not served by a public or private street may be served by a walkway, trail, or bikeway, provided such pathway serves the front, side, or rear of the manufactured home lot. Such pathway shall be constructed of a hard surface, or gravel material, and shall have a minimum width of three feet.
(1) Each manufactured home lot shall have the equivalent of two parking spaces. At least one of these spaces shall be provided on the lot.
(2) All other parking spaces shall be:
(a) Provided within 150 feet of the manufactured home to be served; or
(b) Located in a common parking area; and
(c) Designed and constructed to meet County parking standards.
H. Refuse disposal. Refuse disposal shall be the responsibility of the park management. Common refuse collection areas shall be provided throughout the park. All refuse areas shall be screened with a solid, durable material meeting the requirements of this chapter.
§ 19.6-85 Domestic chickens.
A. Accessory use: The keeping of domestic chickens shall be permitted only as an accessory use to an already existing principal residential use located on the same lot.
B. Maximum number of chickens: 12 chicken hens. No roosters shall be allowed.
C. Confinement: All chickens shall be kept in a securely enclosed coop and fenced area at all times and shall not be permitted to roam at-large.
D. Minimum lot area requirement: 1/2 acre (21,790 square feet).
E. Use location and minimum setbacks: The keeping of chickens and related accessory structures shall only be allowed in the defined rear yard of the property. The minimum setback distance from adjoining side and rear property lines for the accessory chicken coop and fenced area shall be 25 feet.
§ 19.6-86 Recreational vehicles.
A. Recreational vehicles placed on sites shall either:
(1) Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use; or
(2) Meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes as contained in the Uniform Statewide Building Code.
B. 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.
§ 19.6-87 Townhomes/multifamily dwellings.
A. All townhome or multifamily developments shall be served by public water and public sewer.
B. The minimum separation between buildings shall be 25 feet.
C. No more than 10 units in a group or block shall be allowed.
D. Accessory structures shall be allowed in the rear yard only, with a minimum setback of five feet for side and rear yards.
E. All townhome or multifamily developments shall have access to a public right-of-way in only one location. Interior streets may be private; however, they should be built to a standard equivalent to the VDOT Secondary Street Standard.
F. Maximum gross density: 12 units per acre.
G. Minimum parcel size: 7,200 square feet for each end dwelling unit, plus 3,630 square feet for each interior unit.
(1) Front: 15 feet.
(2) Side: 15 feet (for end units only).
(3) Rear: 25 feet.
I. No parking area shall be allowed in the setback area.
J. Maximum building coverage: 40%.
§ 19.6-87.1 Manufactured homes.
Manufactured homes provide a viable and affordable housing option for a segment of the county’s population. This housing option is provided in areas predominantly of agricultural and forestal uses with minimal requirements, consistent with state code. The following general standards shall apply to manufactured homes:
A. No manufactured home constructed before July 1, 1976, shall be erected, installed, occupied or sold in Appomattox County, except as follows:
(1) The manufactured home existing in the county prior to the effective date of this section. Said manufactured home shall be allowed to remain at its current location; and
(2) A manufactured home, in existence prior to the effective date of this section, shall be allowed to remain subject to the provisions for nonconforming uses contained elsewhere in this Zoning Ordinance.
B. All manufactured homes shall be mounted on and anchored to a permanent foundation, and skirted in accordance with the provisions of the Virginia Uniform Statewide Building Code.
§ 19.6-88 Signs.
§ 19.6-88.1 Intent.
The purpose of this § 19.6-88 is to regulate the size, location, height, and construction of all signs for public observance; to protect the public health, safety, convenience, and general welfare; to facilitate the creation of a convenient, attractive, and harmonious community; to protect property values; and to further goals and objectives of the Community Development Plan. Signs subject to these regulations include all exterior signs and permanent interior window signs which are placed for exterior observance. Pursuant to the goals and objectives of the Community Development Plan, these regulations are intended to promote signs which:
A. Are compatible with the physical and architectural character of their surroundings;
B. Are legible and appropriate to the activity to which they pertain;
C. Are not distracting to motorists;
D. Avoid visual clutter;
E. Are constructed and maintained in a structurally sound and attractive condition;
F. Are limited to the specific use or business that is in operation on the premises; and
G. Are an enhancement to the appearance of the County’s corridors, residential neighborhoods, and business districts.
§ 19.6-88.2 Sign permit requirement.
Except as provided hereinafter, no sign shall be erected, installed, used, altered, painted, relocated, replaced, or reconstructed until a sign permit has been issued by the Zoning Administrator. For the purpose of this chapter, all signs are considered accessory uses and, unless specifically qualified, shall be located on the same lot with the principal use to which the sign pertains.
§ 19.6-88.3 Sign permit procedure.
A sign permit shall be required for all signs except for those specifically excluded from the permit requirements of this section. Applications for sign permits shall be filed on a form provided by the Zoning Administrator, shall contain information required herein, and shall be accompanied by a fee as established by the Appomattox County Board of Supervisors.
A. Information required. All applications for sign permits shall be submitted on the standard sign permit application form, and the applicant shall provide additional written or graphic exhibits to incorporate the following information:
(1) Name, address, and telephone number of the sign erector, sign owner, and property owner.
(2) Position of the sign in relation to adjacent lot lines, buildings, sidewalks, streets, and intersections shown on a legal plat produced by a licensed surveyor or engineer.
(3) Type of sign and general description of structural design and construction materials to be used.
(4) Purpose of the proposed sign.
(5) Drawings of the proposed sign which shall contain specifications indicating the height, perimeter, and area dimensions, means of support, method of illumination, colors, and any other significant aspect of the proposed sign.
(6) Tax Map number, zoning, and address of the property on which the sign is to be located.
(7) Information pertaining to any existing signs on the property.
(8) Any other information requested by the Zoning Administrator in order to carry out the purpose and intent of these regulations.
§ 19.6-88.4 General requirements.
The following regulations shall apply generally to all signs and are in addition to the regulations that apply to the signs in each district:
A. All signs shall be erected on or before the expiration of the permit; otherwise, the permit shall become null and void, and a new permit shall be required.
B. Except as otherwise provided, these regulations shall be interpreted to permit one sign of each permitted basic sign type, in accordance with the applicable regulations, for each street frontage, for each permitted used on the premises. For the purpose of this chapter, basic sign types are freestanding (including monument), building mounted, projecting, and temporary.
C. The owner and/or tenant of the premises and the owner and/or erector of the sign shall be held responsible for any violation of these regulations. Where a sign has been erected in accordance with these regulations, the sign company shall be relieved of any further responsibility under these regulations after final approval of the sign by the Zoning Administrator.
D. All signs shall be maintained in good condition and appearance. Lights for illuminated signs shall be maintained in good working order. After due notice has been given as provided below, the Zoning Administrator may cause to be removed any sign which shows gross neglect or becomes dilapidated. The owner of said property shall be responsible for any expenses incurred by the County in the execution of this requirement.
E. The Zoning Administrator shall remove or cause to be removed any sign erected or maintained in conflict with these regulations if the owner or lessee of either the site or the sign fails to correct the violation within 30 days after receiving written notice of violation from the Zoning Administrator.
F. A landscaped planting area may be provided around the base of any freestanding or detached sign. The planting area shall contain two times the area of the sign, be a minimum of four feet in width, be protected from vehicular encroachment, and contain a combination of low-lying shrubs and ground covers (other than grass). The landscape treatment shall be designed and maintained to not exceed a height of three feet above the average grade.
G. Changeable-message signs, including those with panels, including electronic changeable-copy panels, or zip tracks, are allowed. The changeable-message area of the sign may cover the entire maximum allowable sign area. Electronic changeable-copy panels are allowed so long as the message is placed on the sign for a minimum duration of four seconds and does not scroll either horizontally or vertically.
H. Externally illuminated signs shall be illuminated only by a steady, stationary, light source directed only at the sign without causing glare for motorists and pedestrians or illumination spillover on neighboring properties. Internally illuminated signs shall be illuminated only by a steady, stationary, light source internal to the sign without causing glare for motorists and pedestrians or illumination spillover on neighboring properties.
I. Sight distance: the land adjoining a street intersection that is to be kept clear of obstructions between three feet and seven feet above the ground to protect the visibility and safety of motorists and pedestrians. The impact of sign placement, size, and height shall be addressed with each sign permit application, with graphic information to be provided with the submission of a site plan sufficient for the Zoning Administrator to assess the applicant’s sight distance determination.
§ 19.6-88.5 Sign area calculation.
A. Sign area computations. The sign area shall be calculated as the entire area within a single continuous perimeter, and a single plane, composed of a square, circle, rectangle, or other geometric figure that encloses the extreme limits of the sign’s message background and trim, and including all letters, figures, graphics, or other elements of the sign.
B. Frame and bracing material. Any supporting frame and/or bracing material of the sign shall not be included in the sign area calculations, provided that:
(1) There are two or fewer such members per sign;
(2) Any member does not exceed six inches in diameter or square;
(3) The member has no advertising value; and
(4) The supporting member does not form an integral part of the sign display, as determined by the Zoning Administrator.
C. Sign faces to be calculated. The sign area shall be calculated based upon the maximum number of faces viewable for any ground position, as follows:
(1) Single-faced sign: one face counted.
(2) Double-faced sign: one face counted.
(3) V-shaped sign: one face counted.
(4) Three-dimensional sign: projected to single flat planes, all visible sign faces counted.
(5) Cylindrical sign: the sign area of the cylinder shall be calculated by multiplying the height of the cylinder by the diameter of the cylinder.
D. Sign height. The dimension to the top of any point on a sign, including support structure, shall be the distance from the average grade level to the top of the sign or sign structure and shall not exceed the requirements set forth in the district requirements.
E. Maximum allowable sign area. The maximum allowable sign area shall not exceed the area defined in each zoning district.
§ 19.6-88.6 Exempt signs.
The following signs are exempted from the provisions of this § 19.6-88 and may be erected or constructed without a permit but in accordance with the structural and safety requirements of the Building Code:
A. Traffic signs and signals: signs erected and maintained pursuant to and in discharge of any federal, state or County government function, or as may be required by law, ordinance, or governmental regulation, including official traffic signs and signals, warning devices, and other similar signs.
B. Changing of message content: changing copy on a bulletin board, poster board, display encasement, marquee or changeable-copy sign.
C. Home/garage/yard sale sign: Temporary signs advertising a home, garage, or yard sale, as differentiated from signs advertising established commercial enterprises and real estate sales, may be erected in any zoning district, subject to the following provisions:
(1) The sign is erected only on the property on which the sale is occurring;
(2) The sign does not exceed four square feet or six feet in height;
(3) The sign is installed no earlier than three days prior to the event and is removed within one day after the event.
D. Temporary window signs: temporary, nonilluminated window signs in display windows in a business district, limited to 20% of the total glass area of the window in which they are placed.
E. Temporary real estate signs: Temporary, nonilluminated real estate signs advertising real estate for sale or lease shall be exempt from obtaining a permit, subject to the following restrictions:
(1) All real estate signs advertising commercial property or a residential subdivision shall be a maximum of 32 square feet.
(2) All real estate signs advertising single-family residential lots for sale or lease shall not exceed four square feet in area and four feet in height and shall be limited to one per lot or one per road frontage on corner lots and double-frontage lots. Signs must be located on the property which is intended to be sold or leased.
(3) Off-premises open house real estate signs shall be allowed in conjunction with and for the duration of the open house showing only and shall be limited to the same dimensions as any other real estate sign for single-family residential lots.
F. Public auction/sales signs: Nonilluminated signs advertising public auctions or sales, as differentiated from signs advertising established commercial enterprises, real estate sales and/or lease or home/garage/yard sales, may be erected in any zoning district, subject to the following provisions:
(1) The sign shall be erected upon the property on which the auction is going to be held;
(2) The sign shall not exceed 32 square feet in total area;
(3) The sign shall be installed no earlier than 30 days prior to the date of the sale and shall be removed within one day of the sale or auction.
G. Temporary construction signs: nonilluminated signs not more than 32 square feet in total area, erected in connection with new construction work and displayed on the premises during such time as the actual construction work is in progress; one such sign shall be permitted for each street frontage.
H. Signs warning trespassers: nonilluminated signs warning trespassers or announcing property as posted, without limitations on number or placement, limited in area to three square feet in area.
I. Mounted or painted on a vehicle: Mounted, attached or painted signs on an automobile, truck, bus, or other vehicle shall be permitted while in use in the normal course of business. Such signs must be of a size, style, mounting, color, and configuration which would be in conformance with all Virginia Division of Motor Vehicles laws and regulations for on-street operation of the subject vehicle. The vehicle must be in good operating condition and have proper registration and inspection certifications.
J. Political campaign signs: Signs applicable to federal, state, or local elections are permitted, subject to the following provisions:
(1) Such signs may not be placed on utility poles, traffic control signs, or within the public right-of-way. Political signs shall be removed no later than seven days after the election and are the responsibility of the property owner on whose lot the sign is displayed.
K. Civic/charitable signs: Signs advertising activities of civic/charitable organizations may be erected in any zoning district, provided they do not exceed eight square feet in total area and are removed no later than one day following the event.
L. Display of national, state, or locality flag: the display of a government flag not exceeding 72 square feet in area.
M. Address signs: signs which display names and/or address numbers only of residential occupants, so long as the total display area does not exceed 30 square inches.
N. Seasonal displays and decorations which do not advertise a product or service: displays or decorations that are of a patriotic, religious, or civic character on private property, not advertising a product or service, and not displayed for a period to exceed 30 days.
O. Artwork: works of art that do not contain any commercial messages or references.
P. Decals: decals affixed to windows or door glass panes, such as those that indicate membership in a business group or credit cards accepted at the establishment, provided that such decals do not exceed 36 square inches.
Q. Private drive signs: on-premises private residential drive signs, limited to one per drive entrance, not exceeding two square feet in total area. Language on the sign shall be limited to “private drive” and/or the address of any residences utilizing the private drive.
§ 19.6-88.7 Temporary signs.
The following signs and displays may be erected only after obtaining a temporary sign permit from the Zoning Administrator. The temporary sign permit shall cite the applicant’s stated purpose for the sign, the size, type, and configuration of the sign, and the time period the sign is intended to be displayed as well as any other information necessary to allow the Zoning Administrator to issue the permit. Temporary sign permits shall be issued for thirty-day periods when, in the opinion of the Zoning Administrator, such sign or display will be in the public interest and would not result in damage to private property. The sign permit may be extended for one thirty-day period. Such temporary sign permits may be issued no more than three times in a calendar year for the same business or event. If a temporary sign is not removed by the expiration of the time limitation, then the Zoning Administrator may remove the sign or display and charge the cost of the removal to the individual applicant or responsible party. The cumulative area for any temporary sign shall not exceed 32 square feet.
A. Commercial promotional signs: special sales promotion displays in a district where such sales are permitted, including displays incidental to the opening of a new business and special one-time auctions of real or personal property.
B. Commercial banner: banners when used in conjunction with the opening of a new business or an establishment going out of business in any commercial or industrial district; limit one banner per business.
C. Residential banner: banners when used in conjunction with grand openings and/or initiation of sales or leasing of lots and/or dwelling units within a newly developing residential project.
D. Temporary portable sign: temporary portable signs, such as A-frame signs or changeable-copy signs, which are intended to identify or display information pertaining to an establishment for which permanent freestanding signage has not been established. Such signs shall be removed upon installation of the permanent freestanding sign or within the limitations of the temporary sign permit, whichever occurs first.
E. Moored balloon and/or floating signs: moored balloon and floating signs tethered to the ground or a structure, provided that the size, type, location, and duration of such sign shall be approved at the sole discretion of the Zoning Administrator.
§ 19.6-88.8 Prohibited signs.
The following signs and/or displays are prohibited in all zoning districts, unless otherwise specified:
A. Off-premises signs. Off-premises signs, including billboards, shall only be allowed in the B-1 General Commercial District, M-1 Industrial District and IP Planned Industrial District.
B. Permanent pennants and banners. Permanent pennants, banners, festoons, streamers, and all other fluttering, spinning, or similar-type signs and advertising devices are prohibited, except for national flags, state/local flags of a political subdivision, decorative house flags, and flags of a bona fide civic, charitable, or fraternal organization.
C. Flashing signs/animated signs. No flashing signs or signs containing strings of lights shall be permitted in any district. No such sign shall be constructed, erected, used, or operated which displays intermittent lights resembling, or seeming to resemble, the flashing lights customarily associated with danger or any emergency services vehicles.
D. No sign shall be attached to trees, utility poles, public property, improvements in the public right-of-way, or any unapproved supporting structure, with such determination made at the sole discretion of the Zoning Administrator.
E. Signs attached to freestanding signs. Separate signs attached to a freestanding sign or its supporting structure, advertising services including but not limited to automobile travel clubs and/or credit cards accepted.
§ 19.6-88.9 Nonconforming signs.
Any sign which was erected in accordance with all applicable regulations in effect at the time of its erection, was lawfully in existence at the time of the effective date of this chapter, and which does not conform to the provisions herein, and any sign which is accessory to a lawful nonconforming principal use, shall be deemed a lawful nonconforming sign and may remain, subject to the following:
A. A nonconforming sign must be maintained in good repair and condition. If any sign which is nonconforming is declared unsafe or in poor physical condition by a County official, then such sign must be removed at the expense of the owner and replaced by a sign conforming to the current standards of this chapter.
B. Nonconforming signs may not be enlarged, extended, modified, reconstructed or altered in any way other than in accordance with this chapter.
C. Nonconforming signs may be repainted or refaced, provided such improvement does not change or alter the wording, composition, color, or material of the sign.
D. A nonconforming sign which is damaged or destroyed to an extent exceeding 50% of its appraised value may not be altered, replaced or reinstalled unless it is in conformance with the current standards of this chapter. If the damage or destruction is 50% or less of the appraised value, then the sign may be restored within 60 days of the damage but may not be enlarged in any manner.
§ 19.6-88.10 Abandoned signs.
A sign, including its supporting structure or brackets, shall be removed by the owner or lessee of the premises upon which the sign is located when the business it advertises is no longer on the premises. Such sign, if not removed within 60 days from the termination of occupancy by such business, shall be considered a violation of this chapter and may cause the Zoning Administrator to have such sign removed at the property owner’s expense. This shall not apply to sign listing within multitenant buildings in which a tenant changes. Allowances for tenant changes will be made for such signs, without requiring the sign to be declared abandoned.
§ 19.6-88.11 Signs in A-1, R-1, R-2 and R-3 Districts.
Signs pertaining only to the uses conducted on the premises will be permitted, subject to the following regulations:
A. One sign announcing a permitted home occupation, Type II, will be allowed for each street on which the lot abuts. Each sign shall not exceed two square feet in area. Such signs shall not be illuminated. Home occupation, Type I does not permit signage of any type.
B. Signs for other permitted uses shall be permitted when such signs do not exceed an aggregate area of 32 square feet for each use. Such signs may be illuminated by either backlighting or direct light, provided no light from any illuminated sign shall cause direct glare onto any adjoining property or public right-of-way.
C. One subdivision identification sign not exceeding 100 square feet may be erected at each main entrance to the development. The maximum area of the sign may be on one sign or divided into two signs located on each side of the subdivision entrance road.
D. Building-mounted signs (roof signs) shall face only upon an abutting street or an abutting parking lot on the same parcel where the sign is located. The aggregate face area of all signs on any one wall of the building shall not exceed 40 square feet, unless the building wall is longer than 100 linear feet. Signs on building walls longer than 100 linear feet shall not exceed one sign equal to one square foot of sign area for every 1/2 linear foot of building frontage, measured corner to corner. Building-mounted signs (roof signs) shall not project more than 15 inches beyond the face of the building. Projecting signs or suspended signs mounted perpendicular to the building may project a maximum of four feet beyond the face of the building and must allow for a minimum of eight feet of clearance from the bottom of the sign to the average grade.
E. Sign height shall not exceed 10 feet above average grade.
§ 19.6-88.12 Signs in B-1, V-1, M-1, IP and H-1 Districts.
Signs pertaining only to the uses conducted on the premises will be permitted, subject to the following regulations:
A. One sign announcing a permitted home occupation, Type II, will be allowed for each street on which the lot abuts. Each sign shall not exceed two square feet in area. Such signs shall not be illuminated. Home occupation, Type I, does not permit signage of any type.
B. Building-mounted signs (roof signs) shall face only upon an abutting street or an abutting parking lot on the same parcel where the sign is located. The aggregate face area of all signs on any one wall of the building shall not exceed 40 square feet unless the building wall is longer than 100 linear feet. Signs on building walls longer than 100 linear feet shall not exceed one sign equal to one square foot of sign area for every 1/2 linear foot of building frontage, measured corner to corner. Newly constructed groups of buildings shall have unified and/or coordinated building-mounted signs. Total aggregate sign area for the unified/coordinated sign plan shall not exceed one square foot of sign area for every one linear foot of building frontage, measured corner to corner.
C. Building-mounted signs (roof signs) shall not project more than 15 inches beyond the face of the building. Projecting signs or suspended signs mounted perpendicular to the building may project a maximum of four feet beyond the face of the building and must allow for a minimum of eight feet of clearance from the bottom of the sign to the average grade.
D. One freestanding sign structure permanently fixed to the ground may be erected on each street on which a lot abuts, provided such sign structure does not extend beyond the lot line, nor shall such signs be located closer than 75 feet from each other. The aggregate area of the freestanding sign shall not exceed 100 square feet along Richmond Highway and 24 feet high or 40 square feet and 15 feet high for all other locations. Sign bases, uprights, poles, or other support located under the sign shall not count toward the calculation.
E. When a group of buildings is coordinated into a business or shopping area (business park, industrial park, shopping center, mall, etc.), one freestanding sign structure, permanently fixed to the ground, may be erected on each street on which the area abuts, provided such sign structure does not extend beyond the lot line, nor shall such signs be located closer than 75 feet from each other. Any architectural or decorative material to support or enhance the sign face may not exceed 25% of the sign face area. Sign bases, uprights, poles, or other support located under the sign shall not count toward the calculation. The aggregate face area shall not exceed 24 square feet for the first business or tenant. The aggregate face area may be increased in increments of four square feet for each subsequent business or tenant up to a maximum aggregate face area of 300 square feet along Richmond Highway or 160 square feet for all others.
F. Signs may be illuminated by either backlighting or direct light, provided no light from any illuminated sign shall cause direct glare onto any adjoining property or public right-of-way.
G. Directional signs, each not exceeding four square feet in area and four feet in height, may be displayed as needed to control egress and ingress in a safe and proper manner.
H. One sign with the word “open” (neon or otherwise) shall be permitted per use, provided the sign does not exceed four square feet. Said sign shall not count towards the maximum allowable sign area.
§ 19.6-88.13 Off-premises signs.
Off-premises signs shall be allowed in the following zoning districts: (B-1) General Business, (M-1) Industrial, and (IP) Planned Industrial, subject to the following regulations:
A. No off-premises sign shall be located within a five-hundred-foot radius of an existing off-premises sign or an off-premises sign for which a valid permit has been obtained but which has not yet been erected.
B. No off-premises sign shall be located within 300 feet of any residential zoning district, public square, park, school, library, or religious assembly property.
C. No off-premises sign shall be allowed to be installed on any roof structure.
D. Side-by-side, double, and/or multi-decker off-premises signs shall be prohibited.
E. Any off-premises sign must have a minimum sign setback of 40 feet from the center line of any public right-of-way, or 15 feet from the front property line, whichever is greater. Any off-premises sign shall have a minimum side and/or rear setback of 15 feet.
F. The maximum size of any off-premises sign on a lot shall be 378 square feet plus 5% for embellishments.
G. There shall be only one sign face pointing in each direction. Multiple-tiered signs shall be prohibited.
H. Sign height for off-premises signs shall not exceed 40 feet above average grade.
I. All off-premises signs shall be maintained by the owner of the sign.
J. No off-premises sign shall be erected, rebuilt, altered, or relocated without a building permit and sign permit.
§ 19.6-89 Site development plans.
§ 19.6-89.1 Plan required.
A. A site development plan shall be required and shall be submitted for the following:
(1) New development in every zoning district, including uses approved as special exemptions, except for single-family and two-family dwelling units on individual lots.
(2) The conversion of any single-family or two-family dwelling units to any other use, or a higher-intensity residential use, or the conversion of any building or property to a different category (e.g., commercial to industrial).
(3) New public buildings, except for minor utility services.
(4) Uses involving a structure requiring review by the Planning Commission under § 15.2-2232, Code of Virginia (1950), as amended.
(5) Additions or modifications to buildings or uses, except single-family or two-family dwelling units, resulting in an increase of 1,000 square feet or greater in area.
(6) The conversion of any property from fee-simple ownership to a condominium form of ownership.
(7) The use or development of any parcel conditionally rezoned, where any of the conditions accepted and attached to the parcel apply to the physical arrangement or design of the site.
B. Site development plans required by the County shall be prepared by a professional engineer, architect, or land surveyor who is registered by the Commonwealth of Virginia and is conducting his/her practice in accordance with the rules and regulations of the Code of Virginia (1950), as amended. More-stringent requirements may be established by the Appomattox County Code or by the Code of Virginia (1950). Developments resulting in 1,000 square feet or less in area shall be exempt from the requirement of a professional site planner; however, the owner/developer shall be responsible for submitting a plan that meets all other requirements of the code.
§ 19.6-89.2 Information required.
A. The following information shall be required on site development plans submitted to the County for review:
(1) Location of the lot or parcel by vicinity map. Site development plans shall also contain a North arrow, original date, revision date, and graphical scale.
(2) Property lines of the parcel proposed for development, including the distances and bearings of these lines. If only a portion of the parcel is proposed for development, then a limit of development line shall also be shown.
(3) The name and address of the property owner and/or developer of the site, if different than the owner. The name and address of the person or firm preparing the plan shall be on the plan.
(4) The Tax Map identification number for each parcel proposed for development and depicted on the site development plan.
(5) The name of adjacent property owners and the owners of any property on which any utility or drainage easement may be required in conjunction with the development.
(6) The current land use and the proposed land use for the site.
(7) The zoning district designation for the proposed development.
(8) The names, route numbers and location of any existing or proposed streets adjacent to or within the site.
(9) The location, type, and size of site access points such as driveways, curb openings, and crossovers. Sight distance at these access points shall be provided.
(10) Any proffers and/or conditions approved by the Board of Supervisors in connection with the site development should be placed on the plan.
(11) Off-street parking areas and parking spaces, including handicapped spaces, loading spaces, and walkways, including the type of surfacing, size, angle of stalls, width of aisles, and a specific schedule showing the number of spaces provided and the number of spaces required by this chapter.
(12) The exact location of buildings or structures existing or proposed for the site, including their setbacks from property lines, and the distance between buildings or structures. Lot and building coverage calculations shall be provided.
(13) The number of stories in each structure and the floor area and building height. If more than one land use is proposed in a development, then the floor area for each land use should be shown.
(14) For residential developments, the type of dwelling unit shall be stated along with the number proposed.
(15) The location of any proposed signs and/or fire lanes.
(16) The existing and proposed topography of the parcel with a maximum of two-foot contour intervals.
(17) A detailed utility plan if public water and/or sewer are proposed for the site.
(18) An erosion and sediment control plan and detail sheet shall be submitted for site developments involving grading that disturbs more than 5,000 square feet of area.
(19) A detailed stormwater management plan and calculations pursuant to § 10.1-603 et seq. shall be submitted if necessary.
(20) The location and type of any exterior lighting, including height of poles and type of fixtures.
(21) The location of the one-hundred-year floodplain and floodway on site and the relationship to any building or structure on the site.
(22) The location of any required buffer yards, screening, fencing, and site landscaping. The type and size of the plant materials and screening to be used shall be provided.
B. The Zoning Administrator may waive the requirement that any of this information be shown on a submitted plan if, in his opinion, such information is not necessary to ensure conformance with County ordinances or standards.
§ 19.6-89.3 Traffic impact analysis.
At the time of submission of an amendment to this chapter or a plan of development, the applicant/developer shall provide traffic data in order for the locality to perform a ministerial review to determine the need for a traffic impact analysis. If the locality determines that a traffic impact analysis is required and the amendment or plan of development will substantially affect transportation on state-controlled highways, then the applicant/developer shall submit a traffic impact analysis to the locality for review and comment by the Virginia Department of Transportation. Such traffic impact analysis shall be in compliance with § 15.2-2222.1, Code of Virginia (1950), as amended.
§ 19.6-89.4 Format of plans.
A. Site plans shall be submitted on sheets no greater in size than 30 inches by 42 inches. A sheet size of 24 inches by 36 inches is preferred. The scale of the plan shall not be greater than one inch equals 10 feet, or less than one inch equals 50 feet. Plans shall be designed using an engineering scale. A lesser scale may be acceptable upon the approval of the Zoning Administrator so long as it provides detail enough to determine compliance with all applicable County ordinances or standards.
B. If more than one sheet is used to supply the information required by this chapter, then the sheets shall be numbered, and match lines shall be provided, when appropriate, to clearly indicate where the plans join.
§ 19.6-89.5 Administrative procedures and requirements.
A. The Zoning Administrator shall have the administrative authority to establish County procedures for site development plan review and approval. No procedure so established shall set a lesser standard than is legislated in this chapter.
B. The Zoning Administrator shall coordinate the County review of any site development plan submitted in accordance with County administrative procedures and shall have the authority to request opinions or decisions from other County departments, agencies, authorities of the Commonwealth of Virginia, or from other persons as may from time to time be consulted.
C. A minimum of three sets of site development plans shall be submitted for review. A review fee shall be required for any site development plan submitted. The Zoning Administrator shall establish procedures for the collection of these fees.
D. The County shall review and approve or disapprove any site development plan submitted for its review within 45 days of receipt. If an unapproved plan is returned to the applicant or other agent of the property owner due to lack of required information on the plan, or because the design or standards proposed on the plan do not meet provisions of this chapter or other applicable County standards, the forty-five-day time period shall begin again with the resubmittal of the plan to the County.
E. Comments offered by the Zoning Administrator or his/her agent on a proposed site development plan shall remain in effect for a period of six months from the date of issuance. After this period, the comments and the site development plan shall become void unless substantial progress has been made by the developer to address the comments. Substantial progress is determined at the sole discretion of the Zoning Administrator.
F. Approval of a site development plan pursuant to the provisions of this chapter shall expire five years from the date of approval in accordance with § 15.2-2258 of the Code of Virginia (1950), as amended, unless building and/or zoning permits have been obtained for the development.
G. No building or zoning permit shall be issued by any County official for any building, structure, or uses depicted on a required site development plan, until such time as the plan is approved by the County.
H. No change, revision, or erasure shall be made on any pending or approved site development plan or on any accompanying data sheet where approval has been endorsed on the plan or sheets, unless authorization for such changes is granted in writing by the Zoning Administrator.
I. Any improvement required by this chapter, or any other ordinance in Appomattox County, shall be installed at the cost of the developer unless other agreements have been reached between the developer, the County, and any other governmental agency, including but not limited to the Virginia Department of Transportation.
J. Prior to approval of the site development plan, the applicant shall execute an agreement to construct required or proposed improvements within public rights-of-way or easements or any such improvement connected to any public facility. The applicant shall also file a performance guarantee with surety acceptable to the County in the amount of the estimated cost of the improvements plus 20% contingency, as determined by the Zoning Administrator. The owner’s performance guarantee shall not be released until the construction has been inspected and accepted by the County and the Virginia Department of Transportation, as applicable.
§ 19.6-90 Off-street parking, stacking and loading.
§ 19.6-90.1 Purpose.
These regulations are intended to provide off-street parking, stacking, and loading facilities in proportion to the need created by each use. These regulations are intended to provide for accommodation of vehicles in a functionally and aesthetically satisfactory manner and to minimize external effects on adjacent land uses.
§ 19.6-90.2 General regulations for parking.
A. In the, R-1, R-2 and R-3 Zoning Districts:
(1) Except for vehicles parked within multifamily developments, all recreational vehicles, boats, and utility trailers shall be parked behind the front building line unless space is provided in a completely enclosed garage or other building. Within multifamily developments, recreational vehicles, boats, and utility trailers may be parked outside, provided they are screened from the public right-of-way.
(2) No truck or commercial vehicle with, or designed to have, more than two rear wheels shall be allowed to be parked overnight in front of the front building line of the principal structure, except while loading or unloading on such premises. No construction machinery shall be parked overnight unless the machinery is incidental to improving the premises or unless it is parked in an area behind the principal structure and not visible from the public right-of-way. These provisions shall not apply to pick-up-body-type trucks or to vehicles essential for an agricultural use associated with the premises.
B. No recreational vehicle shall be used for living or business purposes or connected to utility services except for maintenance purpose or as otherwise provided in this chapter. Continuous use for living or business purposes for 10 or more days shall be considered a violation of this chapter, when not being utilized in a bona fide campground or like facility.
C. All required off-street parking spaces shall be located on the same lot as the structure or use, except under the following conditions:
(1) All required parking spaces are on a contiguous lot under the same ownership or in a permanent parking easement on adjacent property.
(2) Such required spaces are within 500 feet walking distance of a building entrance or use and such spaces do not require pedestrians to cross a minor arterial or greater highway.
(3) Contiguous lots providing off-street parking for more than one use shall provide sufficient space to comply with the parking requirements for all uses.
D. Off-street parking shall be provided for any new building constructed, for new uses or conversions of existing conforming buildings, or for enlargements of existing structures.
§ 19.6-90.3 Requirements for disabled parking spaces.
A. The number of nonresidential parking spaces reserved for the disabled shall comply with the following table as well as with the Virginia Uniform Statewide Building Code, as amended.
|Total Off-Street Parking Required||Number of Spaces Required for Disabled|
|1 to 25 spaces||1|
|26 to 50 spaces||2|
|51 to 75 spaces||3|
|76 to 100 spaces||4|
|101 to 150 spaces||5|
|151 to 200 spaces||6|
|201 or more spaces||8|
B. All spaces for disabled parking shall have a minimum dimension of 13 feet by 20 feet.
C. Spaces for disabled shall be the closest to a building entrance for which they are intended and shall be connected thereto by a paved surface with no less than five feet of unobstructed width. At no point shall the gradient exceed a one-foot rise or fall in 20 feet, except in the case of ramps, which shall comply with the Virginia Uniform Statewide Building Code, as amended.
D. Spaces shall be clearly marked with both pavement marking and aboveground signage.
§ 19.6-90.4 Permitted locations.
A. Off-street parking spaces that are located on the ground and open to the sky may be located in any required yard unless otherwise required for screening, buffering, landscaping, or other County code.
B. Parking structures and carports shall be subject to the minimum yard setback requirements applicable in the zoning district in which the structure is located.
C. Carports open on all four sides and not permanently affixed to the ground shall not be subject to zoning review or approval; however, they shall be subject to the minimum yard setback requirements applicable in the zoning district in which the structure is located.
§ 19.6-90.5 Access.
A. All off-street parking spaces shall provide safe and convenient access to a street. If such spaces are contiguous to a public street, then the street side of such space shall be curbed.
B. Aisles between rows of parking spaces shall comply with the geometric design standards in the latest publication of parking guidelines issued by the Institute of Transportation Engineers (ITE).
C. All off-street parking and stacking areas, including aisles and driveways, shall be at a minimum graveled and maintained accordingly. It is the strong preference of the County to have all off-street parking, stacking and loading areas for any nonresidential use to be constructed and maintained to a surface meeting the standards of the Virginia Department of Transportation’s Secondary Street Acceptance Requirements (SSAR).
§ 19.6-90.6 Parking space dimensions.
A. Each off-street parking space shall be a minimum of 200 square feet (10 feet by 20 feet).
B. Where parking spaces lie adjacent to landscaped areas, the paved depth of all stalls may be decreased by two feet to provide for a vehicle overhang area, thus reducing the minimum parking space area to 180 square feet (10 feet by 18 feet). The vehicle overhang area may not encroach into any sidewalk area.
C. Compact-vehicle parking will be permitted according to the following regulations:
(1) Compact-vehicle spaces shall be located in groups of five or more contiguous spaces and shall have an appropriate marking identifying them as such.
(2) Dimensions for compact-vehicle spaces shall be a minimum of 162 square feet (nine feet by 18 feet).
(3) If the total parking requirement is 100 spaces or less, then 20% of the spaces may be designated for compact vehicle use.
§ 19.6-90.7 General criteria for determining number of parking spaces.
A. When a building includes a combination of uses as set forth in this section, then the required number of parking spaces will be the sum of the required parking for each use or reasonably weighted to reflect the combined usage.
B. Where the parking requirement for a particular use is not defined in this section, and where no similar use is listed, the Zoning Administrator shall determine the number of spaces to be provided based on requirements for similar uses, location, anticipated demand, and traffic generated by the proposed use.
C. All references to “square feet” in the parking requirements shall mean the square feet of the gross floor area, unless otherwise specified.
D. All references to “maximum occupancy” shall mean the maximum occupancy as determined by the Virginia Uniform Statewide Building Code.
E. Where a fractional space results during calculation of the required parking, the required number of parking spaces shall be rounded to the next-highest whole number.
§ 19.6-90.8 Minimum parking spaces required.
|Zoning Classification/Use Type||Number of Parking Spaces Required|
|Agricultural Use Types|
|Commercial feedlots||No requirement|
|Farm employee housing||1 space per dwelling unit|
|Forestry operations||No requirement|
|Stable, commercial||1 space per employee on major shift, plus 1 space per every 4 animal stables|
|Stable, private||No requirement|
|Wayside stand||1 space per 100 square feet; minimum of 3 spaces|
|Residential Use Types|
|Accessory apartment||1 space per bedroom|
|Home beauty/barber salon||2 spaces|
|Home occupation||No requirement|
|Kennel, private||No requirement|
|Manufactured home||2 spaces per dwelling unit|
|Manufactured home park||2 spaces per dwelling unit, plus 1 space for employee parking|
|1-bedroom units||1.5 spaces per dwelling unit|
|2-or-more-bedroom units||2.5 spaces per dwelling unit|
|Elderly housing units||1 space per dwelling unit, plus 1 space per employee on major shift|
|Residential human care facility||2 spaces|
|Single-family dwelling||2 spaces per dwelling unit|
|1-bedroom units||1.5 spaces per dwelling unit|
|2-or-more-bedroom units||2.5 spaces per dwelling unit|
|2-family dwelling||2 spaces per dwelling unit|
|Civic Use Types|
|Administrative services||3 spaces per 1,000 square feet|
|Camps||1 space per employee on major shift|
|Cemetery||See Schedule B|
|Civic club||1 space per 3 persons of maximum occupancy|
|Community recreation||See Schedule B|
|Correctional facility||See Schedule B|
|Crisis center||1 space per 2 persons of residential capacity|
|Cultural services||1 space per 30 square feet of display area|
|Day-care center||1 space per 20 students, plus 1 space per employee on major shift|
|Educational facilities, college/university||See Schedule B|
|Educational facilities, primary/secondary||See Schedule B, but no less than 1 space per every 4 students in 10th, 11th, and 12th grades, plus 1 space per employee on major shift|
|Family day-care home||1 space per employee on major shift|
|Guidance services||1 space per 250 square feet.|
|Halfway house||1 space per 2 persons of residential capacity|
|Home for adults||1 space per 3 residents, plus 1 space per employee on major shift|
|Life care facility/nursing home||1 space per 3 residents, plus 1 space per employee on major shift|
|Park-and-ride facility||No requirement|
|Post office||See Schedule A|
|Public assembly||1 space per 4 seats|
|Public maintenance and service facility||See Schedule B|
|Public parks and recreational areas||See Schedule B|
|Religious assembly||1 space per 4 seats in principal place of worship|
|Safety services, public/private||3 spaces per vehicle bay|
|Utility services, minor/major||See Schedule B|
|Office Use Types|
|Financial institutions||3.5 spaces per 1,000 square feet, plus stacking spaces|
|General office||3.5 spaces per 1,000 square feet|
|Laboratories||1 space per 1.5 employees on major shift|
|Medical office||1 space per 200 square feet|
|Commercial Use Types|
|Adult entertainment||1 space per 200 square feet|
|Agricultural services||See Schedule A|
|Antique shops||1 space per 400 square feet|
|Automobile dealership, new||See Schedule A|
|Automobile dealership, used||See Schedule A|
|Automobile repair services, major||2 spaces per service bay, plus 1 space per employee on major shift|
|Automobile repair services, minor||1 space per service bay, plus 1 space per employee on major shift|
|Bed-and-breakfast||1 space per guest accommodation|
|Boardinghouse||1 space per guest accommodation|
|Business or trade school||1 space per every 4 students|
|Business support services||1 space per 200 square feet|
|Campground||1 space per campsite|
|Car wash||1 space per employee on major shift, plus stacking spaces|
|Clinic||3 spaces per examination room, plus 1 space per employee on major shift|
|Club, hunt||See Schedule B|
|Club, private||See Schedule B|
|Commercial indoor amusement||1 space per 3 persons of maximum occupancy|
|Commercial indoor entertainment||1 space per 4 seats, plus 1 space per employee on major shift|
|Commercial indoor sports and recreation||1 space per 200 square feet|
|Commercial outdoor entertainment||1 space per 4 persons of maximum occupancy, plus 1 space per employee on major shift|
|Commercial outdoor sports and recreation||1 space per 3 persons of maximum occupancy, plus 1 space per employee on major shift|
|Communications services||1 space per 30 square feet|
|Construction sales and services||See Schedule A|
|Consumer repair services||1 space per 30 square feet|
|Convenience store||1 space per 200 square feet|
|Dance hall||1 space per 3 persons of maximum occupancy|
|Equipment sales and rental||See Schedule A|
|Flea market||1 space per 400 square feet|
|Funeral services||1 space per 4 seats in main chapel, plus 1 space per employee on major shift|
|Garden center||See Schedule A|
|Gasoline station||1 space per employee, plus stacking spaces|
|Golf course||50 spaces per 9 holes|
|Hospital||1 space per 2 beds, plus 1 space per employee on major shift|
|Hotel/motel/motor lodge||1 space per guest accommodations, plus Schedule B if accompanied by meeting facilities|
|Kennel, commercial||1 space per 500 square feet|
|Landscaping and lawn care services||See Schedule B|
|Laundry||1 space per 30 square feet|
|Manufactured home sales||See Schedule B|
|Mini-warehouse||1 space for live-in manager, plus 2 spaces per 100 units|
|Pawn shop||1 space per 30 square feet|
|Personal improvement services||1 space per 30 square feet|
|Personal services||1 space per 30 square feet|
|Recreational vehicle sales and service||See Schedule A|
|Restaurant, drive-in/fast-food||1 space per 4 seats, plus 1 space per employee on major shift, plus stacking spaces|
|Restaurant, general||1 space per 4 seats, plus 1 space per employee on major shift|
|Shopping center||4.5 spaces per 1,000 square feet|
|Furniture, carpet, appliances||1 space per 500 square feet|
|All others||1 space per 200 square feet|
|Studio, fine arts||See Schedule B|
|Surplus sales||1 space per 200 square feet|
|Truck stop||See Schedule B|
|Veterinary hospital/clinic||1 space per 30 square feet|
|Industrial Use Types|
|Asphalt plant||See Schedule B|
|Composting||See Schedule B|
|Construction/contractor yard||See Schedule A|
|Custom manufacturing||See Schedule A|
|Fish hatchery||See Schedule B|
|Industry, Type 1||See Schedule B|
|Industry, Type 2||See Schedule B|
|Industry, Type 3||See Schedule B|
|Landfill, sanitary||1 space per employee on major shift|
|Meat packing plant||1 space per employee on major shift|
|Railroad facilities||See Schedule B|
|Recycling center||See Schedule B|
|Resource extraction||1 space per employee on major shift|
|Scrap and salvage yard||1 space per employee on major shift|
|Transportation terminal||See Schedule B|
|Truck terminal||See Schedule B|
|Warehouse and distribution||See Schedule A|
|Miscellaneous Use Types|
|Amateur radio tower||No requirement|
|Aviation facility, public/private||See Schedule B|
|Outdoor gatherings||1 space per 4 seats|
|Parking facility||No requirement|
|Shooting range, indoor/outdoor||See Schedule B|
|Winery||See Schedule A|
|Wireless communications facility||No requirement|
A. Schedule A. The schedule sets forth minimum parking requirements for uses with elements having different functions or operating characteristics and different impacts on the surrounding area.
|Element or Function||Number of Required Parking Spaces|
|Equipment servicing||1 space per 500 square feet|
|General manufacturing||1 space per 1,000 square feet|
|Indoor sales, display or activity||1 space per 500 square feet|
|Indoor storage or warehousing||1 space per 2,000 square feet|
|Motor vehicle service bays||2 spaces per service bay|
|Office or administrative||1 space per 30 square feet|
|Outdoor sales, display or activity||1 space per 1,000 square feet|
|Outdoor storage or warehousing||1 space per 5,000 square feet|
B. Schedule B. Specific requirements shall be determined by the Zoning Administrator based on requirements for similar uses, location, anticipated demand and traffic generated by the proposed use, and appropriate traffic engineering and planning criteria deemed necessary. The developer/owner shall provide any information required for the Zoning Administrator to make such determination.
§ 19.6-90.9 Stacking and drive-through facility requirements.
A. Stacking spaces shall be provided for any use having a drive-through facility or areas having dropoff and pickup areas. The following general standards apply to all stacking spaces and drive-through facilities:
(1) Stacking spaces and lanes for drive-through facilities shall not impede on- and off-site traffic movement, shall not cross or pass through off-street parking areas, and shall not create a potentially unsafe condition for pedestrian traffic.
(2) Drive-through lanes shall be separated from off-street parking areas. Individual lanes shall be striped, marked, or otherwise distinguished.
(3) Approach lanes for drive-through facilities shall have the following minimum widths:
(a) One lane = 12 feet.
(b) Two or more lanes = 10 feet per lane.
(4) All drive-through facilities shall be provided with a bypass lane with a minimum width of 10 feet.
(5) Each stacking space shall be a minimum of 10 feet by 20 feet.
B. Stacking spaces shall be provided as follows:
|Use/Type||Number of Spaces|
|Car wash||4 spaces per bay/stall|
|Fast-food or drive-in restaurant||6 spaces per window, measured from the order board or station|
|Financial institution with drive-through window||8 spaces for first window, plus 2 spaces for each additional window|
|All other uses||3 spaces per window|
§ 19.6-90.10 Off-street loading requirements.
A. All off-street loading spaces shall be located on the same lot as the structure or use.
B. No loading space or berth shall be located within 40 feet of the nearest point of intersection of the edge of the adjoining travelway or the ultimate right-of-way of an adjoining street.
C. No loading space or berth shall be located within the front yard setback.
D. No loading space or berth shall be used to meet the space requirements for off-street parking, and no loading space shall interfere with the free circulation within the off-street parking area.
E. Where loading requirements for a particular use are not defined in this section, and where no similar use is listed, the Zoning Administrator shall determine the number of spaces to be provided based on requirements for similar uses, location, expected demand and appropriate traffic engineering and planning criteria and information.
F. All references to “square feet” (sq. ft.) in the off-street loading requirements below shall mean the square feet of the gross floor area, unless specifically stated otherwise.
§ 19.6-90.11 Minimum off-street loading spaces required.
|Use||Number of Required Loading Spaces|
|General office, medical office, financial institution|
|Up to 40,000 square feet||1 space|
|40,001 square feet and over||2 spaces|
|Hotel/motel/motor lodge, hospital, nursing homes, all other commercial, recreational, and educational facilities|
|Up to 50,000 square feet||1 space|
|50,001 square feet and over||2 spaces|
|Up to 40,000 square feet||1 space|
|40,001 to 100,000 square feet||2 spaces|
|100,001 to 160,000 square feet||3 spaces|
|160,001 square feet and over||4 spaces|
|Retail sales, personal services, new/used automobile dealerships, restaurants|
|Up to 15,000 square feet||1 space|
|15,001 to 50,000 square feet||2 spaces|
|50,001 to 200,000 square feet||3 spaces|
|200,001 square feet and over||4 spaces|
§ 19.6-90.12 Maximum parking limitation.
A. In order to avoid excessive surpluses, environmental impacts, and development costs, parking shall not exceed the minimum requirement by more than 25%.
B. Parking which exceeds the minimum requirement shall be required to comply with the following standards:
(1) Increase in quantity from 1% to 10%:
(a) Interior landscaping in parking areas shall be increased by 5%.
(b) All sides of the parking area shall have a planting strip along them. The planting strip shall be a minimum width of four feet and shall contain one large deciduous or large evergreen tree every 30 feet, and small shrubbery interspersed throughout the planting strip.
(2) Increase in quantity from 11% to 25%:
(a) Interior landscaping in parking areas shall be increased by 10%.
(b) All sides of the parking area shall have a planting strip along them. The planting strip shall be a minimum width of six feet and contain one large deciduous or large evergreen tree every 15 feet, and small shrubbery interspersed throughout the planting strip.
C. In the event the developer feels that more parking is necessary, the Zoning Administrator may allow, on a case-by-case basis, parking above 25%. The request must be in writing from the developer and must justify the request by utilizing some acceptable industry publication (i.e., Institute of Transportation Engineers, Urban Land Institute, American Planning Association, etc.) or a study prepared by a traffic engineering firm.
§ 19.6-91 Landscape regulations.
§ 19.6-91.1 Intent.
It is the intent of this § 19.6-91 to promote the public necessity, convenience, general welfare, and good zoning practice by incorporating landscaping, screening, and buffering requirements into the site development plan process. The goals are to provide landscaping requirements that will ensure development consistent with the goals of the Community Development Plan, reduce soil erosion, increase infiltration in permeable land areas to improve stormwater management, mitigate air, dust, noise, and chemical pollution, protect property values, and provide buffers between incompatible uses. It is further the intent of this § 19.6-91 to preserve the existing natural vegetation as an integral part of the County and to ensure that the County continues to be an attractive place to live, work, and visit.
§ 19.6-91.2 Applicability.
A. The provisions of this § 19.6-91 are applicable to the development or redevelopment of any property after the effective date of this chapter and located in an A-1, R-1, R-2, R-3, B-1, V-1, M-1, or IP District or to any use requiring conditional use permit approval.
B. When an existing use is expanded, enlarged, or redeveloped, only those portions of the property subject to the expansion, enlargement, or redevelopment are subject to the provisions of this section of this chapter.
C. It is not the intent of this chapter to regulate landscaping for single-family dwellings or two-family dwellings.
§ 19.6-91.3 General requirements.
A. Landscaping within a sight distance triangle shall not include any evergreen trees, and shall not include shrubs exceeding three feet in height above the ground at maturity. Tree limbs in a sight distance triangle shall be raised to ensure visibility for motor vehicle safety.
B. When a calculation of the number of required trees and/or shrubs results in a fractional amount, the fraction shall be rounded up to the next whole number.
C. Existing vegetation within the development area is encouraged to be retained and may be used to meet all or part of the landscaping requirements. No tree or shrub less than three calipers shall be counted when utilizing existing vegetation.
D. All landscaped areas shall be covered with an appropriate ground cover, mulch, or decorative landscape stone. The use of gravel and/or riprap is discouraged.
E. All slopes shall be covered with an appropriate ground cover. The use of riprap as ground cover on slopes visible from the public right-of-way is discouraged.
F. All trees and/or shrubs used to satisfy this chapter shall be of native origin. No tree, shrub or ground cover contained on the Invasive Alien Plant Species of Virginia list as maintained by the Virginia Department of Conservation and Recreation (DCR) may be used to satisfy the requirements of this chapter.
§ 19.6-91.4 Landscaping plan required.
A. A landscaping plan shall be required of all new development or redevelopment of property within the County for commercial or industrial purposes. Multifamily residential dwelling developments shall be considered commercial for the purposes of this chapter.
B. A landscaping plan shall contain the following information:
(1) The location, size, height of planting, and botanical name of all required landscaping.
(2) The location, size, and botanical name of any existing vegetation proposed to be used to satisfy any portion of this chapter.
(3) The dimensions of all landscaped areas and islands.
(4) A planting schedule, including any fertilizer or soil amendment to be used.
(5) A general statement regarding the perpetual maintenance of the landscaping.
§ 19.6-91.5 Parking area landscaping.
A. All parking rows and parking bays shall be capped with a landscaped island.
B. Parking areas with fewer than 100 parking spaces shall have one large evergreen or deciduous tree for every 10 parking spaces. Trees shall be reasonably placed throughout the parking area.
C. Parking areas with fewer than 100 parking spaces shall have one medium shrub for every five parking spaces. Shrubs shall be reasonably placed throughout the parking area.
D. Parking areas greater than 100 parking spaces shall have one large evergreen or deciduous tree for every seven parking spaces. Trees shall be reasonably placed throughout the parking area.
E. Parking areas greater than 100 parking spaces shall have one medium shrub for every one parking space. Shrubs shall be reasonably placed throughout the parking area.
F. Landscape designs are encouraged to be creative in placement and types of plantings.
G. Where the primary use of a parking area is for the sale of motor vehicles, recreational vehicles, trailers, boats, tractors, or mobile homes, the required parking area landscaping and parking area screening may be disbursed in a reasonable manner so as not to interfere with display and maintenance.
H. Expansion of existing parking areas shall comply with the requirements of this chapter if the expansion involves the addition of an area equivalent to 10 or more parking spaces and the overall parking area has the equivalent of 25 or more spaces. The landscaping requirements shall be calculated on the basis of the new parking area only but may be implemented over the entirety of the parking area.
§ 19.6-91.6 Foundation plantings.
A. All sides of multifamily, commercial, or industrial buildings which are visible from the public right-of-way or visible from an adjacent residential use type shall be landscaped with foundation plantings as follows:
(1) One ornamental tree per 50 feet of building frontage;
(2) One large shrub per 10 feet of building frontage;
(3) Two small shrubs per 10 feet of building frontage.
B. Plantings are encouraged to be placed in creative groupings along the perimeter of the building;
C. The Zoning Administrator may issue a variance to this requirement upon written request of the developer. Variances shall be granted based on unfavorable topography or other physical impairments of the parcel.
§ 19.6-91.7 Utility screening.
A. Loading areas, refuse areas, storage yards, stormwater management facilities, HVAC equipment, water vaults, or other objectionable items shall be screened from view of any public right-of-way or any adjacent residential use type.
B. Stormwater management facilities intended to be displayed as a water feature or naturalized planting areas are exempt from screening requirements.
C. Screening may be accomplished by a combination of existing evergreen vegetation, walls, fences, earthen berms and new evergreen vegetation appropriate to screen the equipment or activity. The required height of screening at installation shall be sufficient to screen the equipment or activity.
D. The use of chain-link fence as the sole method of screening is prohibited.
§ 19.6-91.8 Buffering.
A. In all instances where a commercial use type, industrial use type, multifamily dwelling use type, or parking area is located adjacent to any residential use type, a vegetative evergreen buffer shall be established on the property for which said buffer is required.
B. Where required, the buffer area shall be a minimum of 20 feet in width extending along the entire length of the development area and shall generally be required along the property line unless topographic or other considerations would make it more effective located back from the property line.
C. The vegetative buffer shall consist of a staggered row of evergreen trees. Shrubs may be used as supplemental filler if necessary. The evergreen tree material shall be a minimum of four feet in height at the time of planting. The evergreen tree line shall be planted in rows 15 feet apart and staggered 10 feet on center. An earthen berm may be used a well. The earthen berm shall vary in height and width and shall be curvilinear in form and provide a gentle tie-in with the existing grade. On average, the height of the earthen berm should be three feet in height.
D. Existing vegetation may be used to satisfy this requirement. Supplemental evergreen material may be needed to meet the buffering requirements. The need for additional evergreen material shall be at the discretion of the Zoning Administrator.
E. No proposed building, building addition, structure, parking area or other physical land improvement shall be located in the buffer area.
§ 19.6-91.9 Installation guidelines.
A. The planting of trees and shrubbery shall be installed in accordance with the standard landscaping specifications of the Virginia Society of Landscape Designers and/or the Virginia Chapter of the American Society of Landscape Architects.
B. Landscaping required by this chapter shall be planted during an opportune planting season and shall be in place and in good condition prior to occupancy, or the owner/developer may provide a guarantee in a form acceptable to the County that ensures installation. Said guarantee shall be equal to the cost of the installation remaining to be installed. A bona fide cost estimate on company letterhead issued by a recognized landscaping firm or nursery shall be provided along with the guarantee as verification of the guarantee amount.
C. All landscaping included in the guarantee shall be installed, inspected, and approved within six months of acceptance of the guarantee.
D. Required vegetation shall have the following minimum measurements at the time of planting:
|Large evergreen trees||5 feet tall at time of planting|
|Medium evergreen trees||3 feet tall at time of planting|
|Small evergreen trees||1 foot tall at time of planting|
|Large deciduous trees||2-inch caliper at time of planting|
|Small/medium deciduous trees||1-inch caliper at time of planting|
|Large shrubs||3-gallon plant|
|Small shrubs||1-gallon plant|
E. During times of severe drought or water emergency, the owner/developer may request, in writing, an extension of the time period allowed for planting any required landscaping. The Zoning Administrator may permit the delayed installation at his/her discretion. Upon declaration of the end of said drought or water emergency, the owner/developer shall be required to install the required landscaping within six months.
§ 19.6-91.10 Maintenance.
Required landscaping shall remain alive and in good condition in perpetuity. The property owner shall be responsible for the ongoing protection and maintenance of all required landscaping in a manner consistent with the approved site development plan.
§ 19.6-91.11 Alternative landscape plan.
The Zoning Administrator, with the concurrence of the Planning Commission, may approve an alternative layout to the required landscaping, provided that the spirit and intent of this chapter is preserved and the goals of this section are assured.
§ 19.6-92 Wireless communications facilities.
§ 19.6-92.1 Intent.
In order to accommodate the communications needs of residents and businesses while protecting the public health, safety, and general welfare of the community, these provisions are necessary in order to:
A. Facilitate the provision of wireless communications services to County residents and businesses, as well as to those traveling through the County;
B. Minimize adverse visual effects of towers through careful design and siting standards;
C. Preserve the unique historical resources of Appomattox County;
D. Avoid potential damage to adjacent properties from tower failures through structural standards and setback requirements;
E. Maximize the use of existing towers and buildings to accommodate new wireless communications facilities in order to reduce the number of towers needed to serve the community and to encourage co-location; and
F. Encourage the location of towers in more-populated areas and minimize the total number of towers throughout the County.
§ 19.6-92.2 Requirements for submittal.
All applications for both permitted and conditional uses under this section must include the following information. Failure to provide all or part of this information may result in the denial of the permit application.
(1) Site plan: A detailed site plan must be submitted showing structural design, setback distances from property lines, and proposed equipment buildings.
(2) Service provider report: a listing of service provider(s) that have contracted with the tower owner to utilize the proposed tower, including dates of lease execution and expiration, including copies of the front and back pages of the lease for each service provider. This is to ensure that the applicant is not constructing a tower to “attract” potential lessees.
(3) Proof of infeasibility of co-location: written evidence demonstrating that the applicant’s telecommunications equipment cannot be accommodated on an existing or approved tower or other structure within a one-mile search radius (one-half mile search radius for towers under 120 feet in height, one-fourth mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons:
(a) The planned equipment would exceed the structural capacity of the existing tower or other structure and the existing tower or other structure cannot be reinforced, modified or replaced. This information must be prepared by a licensed professional engineer.
(b) The applicant’s proposed telecommunication facility would cause electromagnetic interference with other equipment on the existing tower, or other structures would cause interference with the applicant’s proposed telecommunications facility. Documentation must show that the interference cannot be prevented at a reasonable cost. This information must be prepared by a licensed professional engineer.
(c) Existing towers within the search radius are not of sufficient height to function reasonably. This information must be prepared by a licensed professional engineer.
(d) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding any new tower construction over the term of the formal lease period are presumed to be unreasonable.
(e) Tower site inventory report. An inventory of existing sites within the County or within five miles of the border thereof must be submitted, including specific information about location, height, existing use, and available capacity of each tower (propagation map).
B. Co-location: All co-locations must provide a site plan showing structural design of the equipment to be located on an existing tower or structure, including any additions to the total height of the tower or structure. The site plan must also show any equipment to be installed at the base of the tower or structure and the setback distances from the property lines.
C. Additional requirements for all applications:
(1) Propagation maps (or “cell size”) of provider’s equipment at different heights.
(2) Propagation maps of provider’s equipment on other nearby towers.
(3) Evidence of Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) approval, where applicable.
§ 19.6-92.3 Permitted uses.
A. Co-locations in the following zoning districts: A-1, M-1, and IP, provided that the height of the existing structure is not increased more than 20 feet of its original permitted height. [Amended 7-6-2015]
B. New-construction towers that do not exceed 50 feet that are proposed for siting in all districts except for H-1 and the Floodplain Overlay (FPO) District.
C. New-construction towers that do not exceed 199 feet in height that are proposed for siting in M-1 and IP Zoning Districts, provided the site does not border a lot zoned H-1, R-1, R-2, R-3 or V-1. New-construction towers are allowed in B-1 Zoning Districts regardless of height. [Amended 7-6-2015]
D. If, in the Zoning Administrator’s opinion, an application for permitted use may have an adverse impact on surrounding properties, whether adjacent to the applicant’s parcel or not, the Zoning Administrator may require the applicant to obtain a conditional use permit. Adverse impact may include, but is not limited to, proximity to nearby homes and businesses or areas of historical interest.
§ 19.6-92.4 Conditional uses.
A. New-construction towers that do not exceed 199 feet in height that are proposed for siting in an A-1, M-1, or IP Zoning District bordering an H-1, R-1, R-2, R-3 or V-1 District.
B. New-construction towers that exceed 199 feet in height that are proposed for siting in an A-1, M-1, or IP Zoning District.
§ 19.6-92.5 Additional requirements for conditional use permit submittals.
A. Factors for review. In determining whether to issue a conditional use permit under this section, the Board of Supervisors shall consider the following factors:
(1) Height of the proposed tower;
(2) Proximity of the tower to residential structures and residential district boundaries;
(3) Nature of the uses on adjacent and nearby properties;
(4) Surrounding topography;
(5) Surrounding tree coverage and foliage;
(6) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(7) Proposed ingress and egress;
(8) Co-location policy;
(9) Language of the lease agreement dealing with co-location;
(10) Consistency with the Comprehensive Plan and the purposes to be served by zoning;
(11) Availability of suitable existing towers and other structures;
(12) Need for tower because of gaps in wireless service to the proposed coverage area.
B. All applicants for a conditional use shall comply with the standards set herein for the submittal of a conditional use permit applicant. Additionally, all applicants for a conditional use permit shall address the factors for review noted above.
C. “Stealth design” option. The “stealth design” option conditional use process allows an applicant to site a new construction tower in the H-1, R-1, R-2, R-3 and V-1 Districts upon the filing and approval of a site plan that incorporates stealth design elements. Applicants who choose this option must also comply with the submission requirements outlined herein. A tower proposal will fall within the stealth design option if it meets the following:
(1) The tower is disguised to fit in aesthetically with its surroundings and to conceal its presence.
(a) This includes but is not limited to the following:
 Designed as a tree to be placed among similar-looking trees;
 Designed as a functional flagpole, light pole, or utility pole for placement at a commercial or industrial facility, public building, or within an existing utility easement;
 Designed as a new or concealed within an existing bell tower, church steeple or clock tower.
(b) The above designs and any alternative designs offered by the applicant are subject to the review and approval of the Planning Commission.
(2) All utility buildings and structures accessory to a tower are architecturally designed to blend in with the surrounding environment.
(3) Landscaping requirements.
(a) Tower sites shall be landscaped with a buffer of plant materials that effectively screens the view of the tower site from adjacent properties.
(b) The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the security fencing. The Zoning Administrator or Planning Commission shall provide guidelines as to the height and type of buffer to be constructed or planted and may require additional buffers in situations where the standard buffer would be inadequate.
(c) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.
(d) Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible.
D. Preapplication meeting. Prior to submitting an application for a conditional use permit for a tower or co-location, the applicant shall meet with the County Planner or designee to discuss the proposed location of the tower, the location of all existing and planned towers which the applicant owns, operates, or co-locates on within the County, the feasibility of co-locating (in the case of new tower applications), and other project elements. Failure to schedule and attend a preapplication meeting shall preclude the acceptance and processing of a conditional use permit application.
E. Historical impact. Where a proposed tower site is within 1,000 feet of the Appomattox County Historical Park, the Board of Supervisors shall request and consider input from the United States Department of the Interior to determine the level of adverse impact upon the park. The Board of Supervisors can disapprove a conditional use permit application based upon any adverse impact that a proposed tower may have on the park.
§ 19.6-92.6 Prohibited uses.
A. New construction under 199 feet and co-locations are not permitted by right or conditional use in the H-1, R-1, R-2, R-3 or V-1 District unless application is made under the “stealth design” option conditional use procedure.
B. New construction towers that exceed 199 feet proposed for siting in the H-1, R-1, R-2, R-3 or V-1 District.
C. Towers of any height are not permitted in the Floodplain Overlay (FPO) District.
§ 19.6-92.7 Setbacks.
All towers shall be set back 110% of the height of the proposed tower from all property lines, except as follows. The setback requirement may be reduced subject to a written opinion being provided by a professional engineer that the allowable reduction would be appropriate and provide the methodology by which the engineer reached his/her finding. Additionally, a fall zone easement may be obtained from an adjoining property owner to satisfy the setback requirement. The applicant shall provide, at the time of submittal, a copy of the easement, and evidenced as duly recorded in the Clerk of the Court’s office. Guy wires, fencing, and accessory facilities must also satisfy the minimum setback requirements of the district in which the siting is proposed. Also, new construction towers shall be set back a minimum of 200% of the height of the tower from any nearby residential structure, and in no case less than 400 feet.
§ 19.6-92.8 Signage, lighting, and fencing.
A. The use of any portion of a tower for signs, other than warning or equipment information signs, is prohibited. Signs are permitted on the equipment buildings, fencing, or on the ground, provided that the sign complies with all other County signage regulations.
B. Towers shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or the County. If lighting is required, the Planning Commission may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. When incorporated into the approved design of the tower, light fixtures used to illuminate ballfields, parking lots, or similar areas may be attached to the tower.
C. Tower sites shall be enclosed by security fencing and shall be equipped with an appropriate anti-climbing device sufficient to deter the general public from obtaining access to the site.
§ 19.6-92.9 Accommodation of future co-location uses.
A. Any proposed telecommunications tower and tower site shall be designed structurally, electrically, and in all respects to accommodate co-location of both the applicant’s telecommunications facility and comparable telecommunications facilities for at least two additional users if the tower height is 199 feet or less, and three additional users if the tower height is 200 feet or greater. Towers and tower sites shall be designed to allow for future rearrangement of telecommunications facilities upon the tower, to accept telecommunications facilities mounted at varying heights, and to accommodate supporting buildings and equipment on the tower site.
B. The holder of a conditional use permit for a tower shall not make co-location on the tower and tower site for additional users economically or technically unfeasible. If additional user(s) provide credible evidence that the holder of a tower permit has made co-location on such tower and tower site economically or technically unfeasible, the Zoning Administrator shall issue a notice of zoning violation. Failure to comply or to appeal the decision to the Board of Supervisors shall result in the revocation of the conditional use permit.
C. Local government access. Upon request, the holder of a conditional use permit for a tower shall provide the County with co-location opportunities as a community benefit for radio and emergency services.
§ 19.6-92.10 Removal of abandoned facilities and towers.
Any tower that is not operated for a continuous period of 12 months shall be considered a nuisance. In such circumstances, the following shall apply:
A. The owner of such communications facility or tower or owner(s) of the property where the tower site is located shall remove the communications facility and/or tower, including all supporting equipment and building(s), within 90 days of receipt of an abandonment notice from the County Building Official. If removal to the satisfaction of the Zoning Administrator does not occur within 90 days, the County may remove and salvage the communications facility or tower and all supporting equipment and building(s) at the property owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. Any such owner affected by this provision shall have the opportunity to appeal the Zoning Administrator’s decision to the Board of Zoning Appeals within 30 days of receipt of an abandonment notice.
B. The applicant for a permit under this chapter shall submit a copy of a signed agreement between the property owner and the owner of the tower, telecommunications facility or facilities, and supporting equipment and building(s) detailing requirements for abandonment and subsequent removal. The agreement shall also identify that the agreement shall be binding on future property owner(s) and future owner(s) of a tower, telecommunications facility or facilities, and all supporting equipment and building(s).
§ 19.6-92.11 Review fees.
Any costs incurred for review by a licensed professional engineer or other technical expert for any of the above required information shall be paid by the applicant. It shall also be the applicant’s responsibility to pay all costs associated with stealth design conditional use applications.
§ 19.6-92.12 Appomattox County Public Safety Communications System.
A. The tower owner shall be responsible for correcting any frequency problems which affect the Appomattox County Public Safety Communications System caused by a permitted or conditional use granted under this chapter. Corrections shall be made immediately upon notification by certified mail from the Appomattox County Administrator’s office. Failure to correct can result in the revocation of zoning and/or conditional use permits for the tower in question and fines provided by this chapter.
B. Tower owners shall comply with all County requirements pertaining to the reception and processing of wireless communications calls by the County’s Public Safety Answering Point (PSAP) facilities.
|Appendix to § 19.6-92|
|Summary of Permitted and Conditional Uses [Amended 7-6-2015]|
|Zoning District||Co-Location||New Tower <50 Feet||New Tower 51-199 Feet||New Tower 200 Feet or More|
|C/S||=||CUP/stealth design option.|
|P*||=||CUP required if increased by more than 20 feet.|
|P**||=||CUP required if bordering H-1, R-1, R-2, R-3 or V-1 District.|
§ 19.6-93 Special public interest overlay districts, generally.
§ 19.6-93.0 Intent.
The purpose of the special public interest overlay districts established in this chapter is to protect and enhance certain specific lands and structures which, by virtue of their type or location, have characteristics which are distinct from lands and structures outside the overlay districts. It is the intent of the governing body to permit, insofar as possible, those uses and structures which would otherwise be permitted, provided that reasonable and necessary conditions are met which ensure the protection and enhancement of said lands and structures. It is the further intent of the governing body to specifically protect and enhance the following:
A. Intensive livestock, dairy, and poultry facilities.
§ 19.6-93.1 General standards.
A. The special public interest overlay districts established in this section generally operate by establishing performance standards to effectuate the purposes of the district. Except as otherwise provided, they do not supersede the requirements of the underlying district. The strictest or most-restrictive standard shall apply in the event of conflict.
B. Land lying within the special public interest overlay districts shall remain part of the underlying zoning districts established by other provisions of this chapter and may, in addition, lie in one or more overlay districts in accordance with the designation of each.
§ 19.6-93.2 Creation of special public interest overlay districts.
A. Amendments to this chapter or to the Zoning Map shall be adopted in accordance with the provisions of this chapter.
B. Every recommendation for creation of a special public interest overlay district or addition of land thereto shall address the following, if applicable:
(1) A statement of purpose and intent shall specify the nature of the special and substantial public interest involved and objectives to be promoted by creation of the special public interest overlay district and imposition of the regulations proposed therefor.
(2) Proposed district boundaries shall be depicted on one or more maps, which shall also display all other zoning districts applicable to the property proposed for inclusion in the district.
(3) Regulations proposed to promote the special purposes of the district.
C. Regulations proposed with any special public interest overlay district shall be designed to reasonably promote the purposes of the district and may require or address any of the following, in addition to or in lieu of other regulations affecting property within the district:
(1) Submission of specifically detailed site plans, building plans, elevations and maps showing the relation of proposed development to surrounding or otherwise affected property in terms of location, scale or intensity, character, and continuity.
(2) Protection of features designated as being of special concern within the district.
(3) Mixtures or limitations of permitted uses.
(4) Special performance standards and development regulations.
(5) Other matters as appropriate to promote the special public interests of the district.
D. Regulations for any special public interest overlay district may require special review of the development plans by the Zoning Administrator generally within the district or for specified classes of uses within the district.
E. Procedure for amending Zoning Map to include overlay district.
(1) An application must be submitted, in writing, to the Zoning Administrator and must be accompanied by two copies of an acceptable site plan, where applicable, which identifies the areas to be included in the overlay district by Appomattox County Tax Map number. Other reasonable information may be required by the Zoning Administrator or as delineated in applicable provisions of this chapter.
(2) The Zoning Administrator shall submit the application to the Planning Commission for review. The Commission shall consider the proposed amendment after notice and public hearing in accordance with § 15.2-2285, Code of Virginia 1950, as amended. The Commission shall present its recommendations to the governing body. If the Commission fails to submit its recommendation to the governing body within 90 days of the first meeting of the Commission after the proposed amendment has been referred to it, the Commission shall be deemed to have approved the proposed amendment.
(3) The governing body shall consider the proposed amendment after notice and hearing in accordance with § 15.2-2285, Code of Virginia 1950, as amended, and shall take action on the proposed amendment within 90 days from the date of the public hearing.
(4) Any petition for zoning amendment may be withdrawn prior to action thereon by the governing body at the discretion of the person, firm, or corporation initiating such request, upon written notice to the Zoning Administrator.
(5) A property owner or his appointed agent shall not initiate action for a zoning amendment affecting the same parcel of land more often than once every 12 months.
§ 19.6-93.3 Waivers.
No waiver may be granted from any regulation or restriction imposed in any special public interest overlay district except as specifically provided in the regulations for such district.
§ 19.6-93.4 Mapping of special interest districts.
Upon approval of a special public interest overlay district, a map of the district boundaries shall be incorporated into the Zoning Maps of the County.
§ 19.6-94 Additional regulations for intensive farming facility.
The following regulations shall apply to a new or existing intensive farming facility. Due to the intensity of production or raw material storage needs, it is necessary to have special control of operation, raw material storage and processing, and disposal of liquid and/or solid wastes.
§ 19.6-94.1 Area requirements.
Separate, but adjoining parcels owned by the same individual or entity may be utilized to satisfy the minimum area requirements.
A. Intensive livestock facility. If the operator of an intensive livestock facility has at least 300 beef cattle, 3,000 sheep, or 150 horses, then the minimum parcel size of which an initial livestock facility may be placed shall be 60 acres. For each subsequent increase in that number of livestock, 10 acres shall be required for each increase of 50 beef cattle, 500 sheep, or 25 horses.
B. Intensive dairy facility. If the operator of an intensive dairy facility has at least 200 dairy cattle, then the minimum parcel size of which an initial dairy facility may be placed shall be 60 acres. For each subsequent increase in that number of dairy cattle, 10 acres shall be required for each increase of 35 cattle.
C. Intensive poultry facility. If the operator of an intensive poultry facility has at least 30,000 chickens or 16,500 turkeys, then the minimum parcel size of which an initial poultry facility may be placed shall be 20 acres. For each subsequent increase in that number of poultry, 10 acres shall be required for each increase of 15,000 chickens or 8,250 turkeys.
D. Intensive swine facility. If the operator of an intensive swine facility has at least 750 pigs, then the minimum parcel size of which an initial swine facility may be placed shall be 150 acres. For each subsequent increase in that number of swine, ten (10) acres shall be required for each increase of 500 pigs.
§ 19.6-94.2 Minimum setbacks.
A. Intensive livestock facility.
(1) The minimum setback from all property lines shall be 150 feet. Additionally, an intensive livestock facility must be set back a minimum of 100 feet from any surface and/or drinking water source, excluding a wellhead specifically for the purpose of facility maintenance.
(2) The minimum distance from the intensive livestock facility to any dwelling shall be 200 feet.
(3) A waste storage area and/or structure shall be set back a minimum distance of 500 feet from any property line.
(4) The minimum distance from the intensive livestock facility to an incorporation town limits shall be 1,000 feet.
B. Intensive dairy facility.
(1) The minimum setback of any structure from all property lines shall be 150 feet. Additionally, an intensive dairy facility must be set back a minimum of 100 feet from any surface and/or drinking water source, excluding a wellhead specifically for the purpose of facility maintenance.
(2) The minimum distance from the intensive dairy facility to any dwelling shall be 200 feet.
(3) A waste storage area and/or structure shall be set back a minimum distance of 500 feet from any property line.
(4) The minimum distance from the intensive dairy facility to an incorporation town limits shall be 1,000 feet.
C. Intensive poultry facility.
(1) The minimum setback of any structure from all property lines shall be 300 feet. Additionally, an intensive poultry facility must be set back a minimum of 200 feet from any surface and/or drinking water source, excluding a wellhead specifically for the purpose of facility maintenance.
(2) The minimum distance from the intensive poultry facility to any dwelling shall be 200 feet.
(3) A waste storage area and/or structure shall be set back a minimum distance of 500 feet from any property line.
(4) The minimum distance from the intensive poultry facility to an incorporation town limits shall be 1,000 feet.
D. Intensive swine facility.
(1) The minimum setback of any structure from all property lines shall be 1,000 feet. Additionally, an intensive swine facility must be set back a minimum of 300 feet from any surface and/or drinking water source, excluding a wellhead specifically for the purpose of facility maintenance.
(2) The minimum distance from the intensive swine facility to any dwelling shall be 200 feet.
(4) The minimum distance from the intensive swine facility to an incorporation town limits shall be 1,000 feet.
§ 19.6-94.3 Nutrient management plan.
A. No intensive facility shall commence operation until a nutrient management plan, if required by the Commonwealth of Virginia for the proposed facility, has been reviewed and approved by the Virginia Department of Conservation and Recreation or by the Virginia Cooperative Extension Service or by a person certified or employed by the commonwealth as a nutrient management planner.
B. Each facility already in operation or approved by the County shall have a nutrient management plan on file with the Zoning Administrator.
§ 19.6-95 Wind energy systems.
§ 19.6-95.1 Purpose.
The purpose of this § 19.6-95 is to foster the development of alternative power resources and to provide standards for placement and design of wind energy systems. These standards will facilitate a safe and natural environment which does not harm or hinder living beings. The requirements set forth herein shall strive to protect the County’s rural and scenic landscape, cultural amenities, and historic sites.
§ 19.6-95.2 Applicability.
This § 19.6-95 applies to all wind energy systems proposed to be constructed after the effective date of this § 19.6-95 and to all existing wind energy systems, if any, which request to be altered from their original state of permit, excluding any necessary monitoring or maintenance of the wind energy system.
§ 19.6-95.3 Use of third-party consultant.
The County reserves the right to employ the services of a wind energy consultant to review all applications. All applicable costs associated with such review shall be the responsibility of the applicant. The recommendation(s) of the consultant will be considered by the Zoning Administrator and/or governing body in making a decision as to whether or not to issue a permit for a wind energy system.
§ 19.6-95.4 Site plan required.
A site plan shall be submitted at the time of application for any wind energy system. Comments received by any applicable review agency shall be addressed by the applicant prior to granting that permit.
§ 19.6-95.5 Uses permitted by administrative review.
A. The uses listed in this section shall be permitted only upon the issuance of an administrative permit by the Zoning Administrator pursuant to the provisions of this § 19.6-95. Administrative permits are to be issued for systems where the applicant can demonstrate that the proposal meets the standards herein and the system will not have an undue adverse impact on the surrounding neighborhood.
B. Wind energy systems shall be permitted in Agricultural Zoning District (A-1), Commercial Zoning District (B-1) and Industrial Zoning District (M-1), provided the following standards and specifications are met:
(1) The wind energy system is no more than 50 feet in height; and
(2) Where no more than two systems are located on any parcel; and
(3) Where no lighting of any kind is located on the wind turbine; and
(4) The applicant shall provide evidence that the provider of electric utility service to the site has been informed of the applicant’s intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states on the application, that the system will not be connected to the electricity grid; and
(5) The applicant will provide information demonstrating that the system will be used primarily to reduce on-site consumption of electricity.
C. For the purposes of testing and monitoring, an anemometer may be installed with the issuance of an administrative permit, renewable and valid for one year, provided:
(1) It must be set back 110% of the height of the anemometer from all property lines; and
(2) It must be set back a minimum of 150% of the height of the anemometer from any dwelling on an adjacent parcel.
D. Standards applicable to wind energy system administrative review.
(1) Setbacks. Setback requirements shall not preclude the construction of habitable buildings on the same or adjacent parcels following the construction of the wind energy structure. The minimum distance from the base on a wind energy structure to all property lines shall be 110% of the structure height, and 150% of the structure height from any dwelling on an adjacent parcel. There is no setback from primary or accessory buildings on the same parcel as the structure. Additionally, there is no setback from accessory structures on adjoining parcels.
(2) Any accessory building ancillary to the wind energy system shall meet the minimum accessory structure setback for the district in which it is located.
(3) Height. The maximum height of the wind energy structure, measured at the peak of the point of the arc of the blades, shall be no more than 50 feet. If an applicant desires to have a wind energy structure exceed this limit, then a conditional use permit may be obtained from the governing body. The applicant shall follow the same requirements for a conditional use permit as found in this chapter.
(4) The minimum distance between the ground and any protruding blades utilized on a wind turbine shall be 15 feet, as measured from the lowest point of the arc of the blades.
(5) Wind energy structures standing alone shall be secured by anti-climbing devices unless determined by a professional engineer not to be warranted.
(6) Minimum lot size shall be one acre to be eligible for a wind energy system.
(7) A maximum of two wind energy systems shall be permitted on any one parcel. No wind energy system shall be located on a vacant parcel unless it is proven to be an accessory to a dwelling or commercial building on an adjacent parcel. More than two wind energy systems shall be defined as a wind farm and shall follow the same requirements for a conditional use permit as found in this chapter.
(8) Noise created by wind energy systems shall not exceed 80 decibels (dB), as measured at the nearest property line. The level may be exceeded during short-term events such as severe windstorms. The applicant is responsible for providing information from a certified technician/installer stating that noise levels are in compliance with this standard. Failure to comply shall be subject to prosecution under the Peace and Good Order Chapter of the Appomattox County Code.
(9) Shadow/flicker. Wind energy systems shall be sited in a manner that does not result in shadowing or flicker impacts. The applicant shall provide documentation from a professional engineer that no shadow/flicker impacts are found. If this standard cannot be met, then a conditional use permit may be obtained from the governing body. The applicant shall follow the same requirements for a conditional use permit as found in this chapter.
(10) Federal and state regulations. Wind energy systems shall meet applicable federal and state standards and regulations set forth by the Federal Aviation Administration (FAA), Virginia Department of Environmental Quality (DEQ), Virginia State Corporation Commission (SCC), and other agencies with the authority to regulate such systems.
(11) Signs. No signs or advertising of any type may be placed on the wind energy system unless required by a federal, state or local regulatory agency.
(12) Notification of adjoining property owners. Upon receipt of an application for an administrative permit, the Zoning Administrator shall send, by first-class mail, written notice of such application to all adjoining property owners as shown on the current real estate assessment database. A twenty-one-day review period shall ensue.
(a) If a written objection is received within the review period, then the application shall be denied, and the applicant shall be advised that the request may be resubmitted as a conditional use permit petition subject to the same requirements for a conditional use permit as found in this chapter.
(b) If no written objection is received and the applicant meets all other requirements of this section, then the Zoning Administrator shall approve the administrative permit.
§ 19.6-95.6 Uses permitted by conditional use permit.
A. Wind energy systems shall be permitted by conditional use permit in the Residential Zoning District (R-1) and Residential Zoning District (R-2), subject to the same requirements for a conditional use permit as found in this chapter.
B. The general standards stated above in § 19.6-95.5D shall apply to these wind energy systems approved under a conditional use permit.
C. Additionally, a conditional use permit may be approved in the Agricultural Zoning District (A-1), Commercial Zoning District (B-1) and Industrial Zoning District (M-1) for the following circumstances:
(1) The wind energy system is greater than 50 feet in height; or
(2) Where more than two systems are desired on one parcel; or
(3) Where a wind energy system is proposed to be lighted; or
(4) Where objections have been received for the system otherwise permitted by an administrative permit.
§ 19.6-95.7 Removal, maintenance, and safety.
A. The applicant shall maintain the wind energy system in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity checks of the foundation and support structure, maintenance of the buffer area, and any access road (if applicable).
B. Any wind energy system that is found to be unsafe by the Building Official shall be repaired by the owner to meet federal, state, and local safety standards or shall be removed within six months. Any wind energy system that is not operated for a continuous period of 24 months shall be considered abandoned, and the owner of the system shall remove the system within 180 days of notification from the County instructing the owner to remove said system.
C. The applicant shall notify the County within 30 days of the date the system is no longer used for wind energy and demolition has been completed.
§ 19.6-96 Planned unit development (PUD).
§ 19.6-96.1 Purpose.
A. The purpose of planned unit development (PUD) is to promote the efficient use of land by allowing a wide range of land uses at various densities and allowing the flexible application of development controls, while protecting surrounding property, natural and cultural resources, and the scenic beauty of the land.
B. A PUD is intended to allow greater flexibility than is generally possible under conventional zoning district regulations by encouraging ingenuity, imagination, and high quality-design. Incorporation of significant areas of open space is a primary component of this type of development. A PUD is particularly appropriate for parcels which contain a number of constraints to conventional development. In addition to an improved quality of design, the PUD creates an opportunity to reflect changes in technology of land development, provide for opportunities for new approaches to home ownership, and provide for an efficient use of land which can result in reduced development costs.
C. A PUD shall be a visual asset to the community. The appropriate siting of buildings, controlled access points, attractive and harmonious architecture, and effective landscape buffing shall be characteristics of these planned communities. They may have a variety of uses (commercial, industrial, residential) which all complement the quality of life within the development and surrounding community.
§ 19.6-96.2 Conditional use permit required.
A PUD shall be subject to a conditional use permit in all zoning districts.
§ 19.6-96.3 Permitted uses.
Permitted uses shall be those uses specifically included in the final master plan approved by the Board of Supervisors.
§ 19.6-96.4 Site development regulations.
Each PUD shall be subject to the following site development standards:
A. Acreage requirement. Minimum acreage required to create a PUD shall be 50 acres of contiguous land. Land under common ownership but separated by an existing public street may be counted in total; however, this is not desirable. Land adjacent to an existing PUD, regardless of size, may be incorporated into the development if reviewed and approved according to the procedures of this chapter.
B. Lot sizes, lot frontage, and density. Minimum lot sizes for allowable uses, minimum lot frontage requirements, and residential densities shall be established during the review and approval of the master plan.
C. Lot coverage. Maximum lot coverage shall be established during the review and approval of the master plan but in no case shall exceed 75%.
D. Building setbacks and spacing.
(1) Minimum front setback. All structures proposed to front on an existing public street external to the PUD shall be located a minimum of 50 feet from the existing public right-of-way.
(2) Minimum setback and spacing shall be specifically established during the review and approval of the master plan. The following guidelines shall be used in establishing the building spacing and setbacks:
(a) Building spacing shall provide adequate privacy within each dwelling unit;
(b) Building spacing shall ensure that each room has adequate light and air;
(c) Areas between buildings used as service yards, for storage of trash, or for other utilitarian purposes should be designed so as to be compatible with adjoining dwellings;
(d) Building spacing and design shall provide privacy for outdoor activity areas (patios, decks, etc.) associated with individual dwelling units.
E. Building/structure height. The height of buildings and structures shall be established during the review and approval of the master plan. Buildings and structures over 45 feet in height will need to be justified in order to receive approval.
F. Architectural standards. PUDs shall complement and enhance the best characteristics of the surrounding community. A variety of architectural features and building materials should be utilized to provide the development with a unique character, while maintaining compatibility with the surrounding area’s architecture. Architectural renderings shall be submitted with the conditional use permit application. The renderings shall include the features, materials, and the articulation of the facade of the building for all sides visible from a public right-of-way.
G. Streets. Streets in the PUD shall be built in accordance with VDOT standards. In reviewing the master plan, the Planning Commission may recommend and the Board of Supervisors may approve one or more private streets interior to the development. Private streets must meet the same standards as VDOT-maintained streets. Streets must have a minimum fifty-foot right-of-way. Alleyways must have a minimum twenty-foot right-of-way. A typical street section should include a planting strip (between three feet and six feet) and sidewalk. The planting strip shall be included on both sides of the street. Curb and gutter design is encouraged.
H. Entrances. In order to promote safe ingress and egress for the development, the minimum separation distance between entrances to the existing public right-of-way shall be 300 feet, except for single-family dwellings, which shall front an internal street. The principal entrance to the PUD shall be sufficiently landscaped to comply with the intent of this chapter. Additionally, the first 100 linear feet of street leading through the principal entrance shall have a landscaped median of sufficient width and planting density to meet the intent of this chapter.
I. Pedestrian facilities. A PUD should be designed at a walkable scale. In residential areas, sidewalks shall be a minimum of five feet in width and be on both sides of the road. In commercial and industrial areas, sidewalks may be replaced with paved trails with a minimum width of six feet. Sidewalks or trails located outside of a public right-of-way shall be located within a permanent easement of at least 10 feet in width. Additional pedestrian facilities (benches, pocket parks, trash receptacles, etc.) should be incorporated into all areas of the PUD.
J. Lighting. Streetlighting is desirable along all public streets within the PUD. Generally, more low-intensity lights, as opposed to fewer high-intensity lights, shall be used. Streetlights shall be installed on both sides of the street. The spacing between streetlights (on opposite sides of the street) shall not be greater than 75 feet.
K. Signage. A comprehensive signage plan should be submitted with the master plan and approved as part of the conditional use permit. The signage plan shall cover the entire development and establish a uniform signage theme. Sign height and area shall be established in the master plan; however, the height of a freestanding sign shall not exceed 15 feet.
L. Open space. Minimum common open space and/or recreational areas shall be 15% of the gross area of the PUD. For developments with an overall density greater than eight units per acre in residential areas, the minimum common open space and/or recreational areas shall be 30% of the gross area of the PUD. Common open space shall not include proposed street rights-of-way, open parking areas, driveways, or sites “reserved” for future use. Common open space and/or recreational areas shall be of an appropriate nature and location to serve the residents of the development. The construction or provision for open space and/or recreational areas must proceed at the same rate as the construction of dwelling units and/or commercial/industrial activity.
M. Landscaping/buffer yards. PUDs shall be well landscaped and have a park-like atmosphere meeting the overall intent of this chapter. The composition and location of landscaping shall complement the scale of the development and its surroundings. Minimum landscaping requirements shall generally follow those set forth in this chapter; however, alternative landscape plans are encouraged to be submitted as part of the master plan.
N. Utilities. PUDs are encouraged to be located in areas which are served or can easily be served by public water and/or sewer. Other utilities (electric, telephone, etc.) shall be placed underground, unless the type of service necessary for normal activities prohibits underground installation.
O. Miscellaneous. Any outside storage area shall be fully screened so that no materials stored are visible from any public right-of-way. Fences shall not be placed in a front yard except as necessary for security purposes. Fencing shall be uniform and well kept.
§ 19.6-96.5 Revisions to master plan.
All revisions to the final approved master plan shall be reviewed by the Planning Commission. The Planning Commission shall decide if the changes are minor or major. Minor changes shall be approved by the Planning Commission. Major changes shall be forwarded to the Board of Supervisors with a recommendation from the Planning Commission. Prior to approval of any major revision, the Board of Supervisors shall hold a duly noticed and publicized public hearing to receive comments. Major revisions include, but are not limited to:
A. Any increase in the density of the development;
B. Substantial change in the circulation or access;
C. Substantial change to the mixture of residential, commercial and/or industrial uses;
D. Reduction in the amount of open space, landscaping or buffering;
E. Any other change the Planning Commission determines is a major divergence from the approved master plan.