Town zoning ordinance of the town of Belle Haven, Virginia

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TOWN OF BEL-LE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

Town Zoning ordinance

The Town of Belle Haven, Virginia

Prepared by:

The Town of Belle Haven Planning Commission

Adopted by:

The Town of Belle Haven Town Council

With Technical Assistance by:

Accomack-Northampton Planning District Commission
P.O. Box 417
Accomac, Virginia 23301

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

Belle Haven Town Zoning Ordinance as duly adopted by the Belle
Haven Town Council in regular session on November 3 1992.

Certification:
'Ronald L. Kellam, Mayor

Teste:
,Clerk

The effective date of this ordinance s hall be from and after its
adoption by the Belle Haven Town Council, and its provisions shall
be enforced thereafter until repealed or amended.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

TABLE OF CONTENTS

ARTICLE TITLE PAGE

I General Provisions 1

II Definitions 5

III Districts 17
-Single-family Residential, R-1 20
-Mixed Residential, R-2 23
-Business, B-1 26
-Agricultural, A-1 28
-Chesapeake Bay Preservation Area
Overlay District, CBPA 30

IV Sign Regulations 46

V Off-Street Parking 49

VI Nonconforming Uses 50

VII Administration and Enforcement 53

VIII Special Use Permits 54

IX Provisions for Appeal 57

X Amendments 62

XI Zoning Guidelines 63

XII Plan of Development Requirements 65

XIII Fee Schedule 74

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

MAPS

MAP Page

Town of Belle Haven Zoning Map 18

Town of Belle Haven Chesapeake Bay
Preservation Area Overlay District Map 19

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

Article I - General Provisions

I-1 Purpose and Authority to Zone.. Whereas, by act of the General
Assembly of Virginia as provided in Title 15.1, Chapter 11, Article
8, Section 15.1-486 through 15.1-498, Code of Virginia, as amended,
the governing body of any county or municipality may, by ordinance,
divide the territory under its jurisdiction into districts of such
number, shape, and area as it may deem best suited to carry out the
purposes of this article, and in each district it may regulate,
restrict, permit, prohibit, and determine the following:

A. The use of land, buildings, structures, and other premises for
agricultural, commercial, industrial, residential, and other
specific uses; and

B. The size, height, area, bulk, location, erection,
construction, reconstruction, alteration, repair, maintenance,
razing or removal of structures; and

C. The areas and dimensions of land, water, and air space to be
occupied by buildings, structures and uses, and of courts,
yards, and other open spaces to be left unoccupied by uses and
structures, including variations in the sizes of lots based on
whether a public or community water supply or sewer system is
available and used; and

D. The excavation or mining of soil or other natural resources.

Therefore, be it ordained by the governing body of the Town of
Belle Haven, Virginia, for the purpose of promoting the health,
safety, and/or general welfare of the public and of further
accomplishing the objectives of Section 15.1-427 of the Code of
Virginia that the following be adopted as the zoning ordinance of
the Town of Belle Haven, Virginia, together with the accompanying
map. This ordinance has been designed: (1) to provide for adequate
light, air, convenience of access, and safety from fire, flood, and
other dangers; (2) to reduce or prevent congestion in the public
streets; (3) to facilitate the creation of a convenient,
attractive, and harmonious community; (4) to expedite the provision
of adequate police and fire protection, disaster evacuation, civil
defense, transportation, water, sewerage, schools, parks, forests,
playgrounds, recreational facilities, airports, and other public
requirements; (5) to protect against destruction of or encroachment
upon historic areas; (6) to protect against one or more of the
following: overcrowding of land, undue density of population in
relation to the community facilities existing or available,
obstruction of light and air, danger and congestion in travel and
transportation or loss of life, health, or property from fire,
flood, panic, or other dangers; (7) to encourage economic
development activities that provide desirable employment and
enlarge the tax base; (8) to be in accord with and to implement the

TO" OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

goals, objectives and policies set forth in the Belle Haven Town
Plan, as adopted by the Belle Haven Town Council.

1-2 Ordinance Sets Minimum Standards. Whenever the standards set
forth in this ordinance are at variance with the requirements of
any other lawfully adopted statutes, rules, regulations, deed
restrictions, covenants, or ordinances, the most restrictive, or
that imposing the highest standards shall govern.

1-3 Town LiabilitV. The zoning of any land and the granting of
any permit or certificate for the use of land and/or structure
shall not hie interpreted as a guarantee by the Town of Belle Haven
of the suitability of such land or structure for developing or use.

1-4 Severability Clause. Should any section or provision of this
ordinance be declared by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of this
ordinance as a whole or any other part thereof other than the part
so declared to be unconstitutional or invalid.

1-5 Non-exclusionary Intent. It is not the intent of this
ordinance -to exclude any economic, racial, religious or ethnic
group from enjoyment or residence, land ownership or tenancy within
the Town; nor is it the intent of this ordinance to use public
powers in any way to promote the separation of economic racial,
religious, or ethnic groups except as may be the incidental result
of meeting the purpose outlined in Section I-1, herein.

1-6 Provisions for Official Zoning Map. The boundaries of the
zoning districts are shown on the official zoning map of the Town
of Belle Haven, Virginia, which together with all notations,
amendments, and explanatory matter thereon are hereby made a part
of this ordinance. The official zoning map shall be attested by
the signature of the Mayor of the Town, whose signature shall be
witnessed, and shall remain on file in the office of the Zoning
Administrator and/or Town Hall where it shall be accessible to the
general public.

1-6.1 Changes or Amendments. If, in accordance with the
provisions of this ordinance, changes are made in district
boundaries or other matter portrayed on the official zoning
map, such changes shall be entered on the official zoning map
promptly after the change has been approved by the Town
Council, or no more than thirty (30) days after approval.
Such changes shall be attested by the initials of the Zoning
Administrator and the date of entry. A paper copy of such map
or ma- s shall be maintained in the office of the Zoning
Administrator and/or Town Hall.

Changes to this ordinance which involve matters portrayed on
the official zoning map shall become effective immediately
upon being entered onto the official zoning map or matter

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1 992

shown thereon except in conformity with the procedure set
forth in this ordinance. Any unauthorized change of whatever
kind by any person shall be considered a violation of this
ordinance and punishable as provided under Article VII.

1-6.2 Replacement. In the event that any or all of the
official zoning map becomes damaged, destroyed, lost or
difficult to interpret because of the nature or number of
changes and additions, the Town Council may by resolution
adopt a new official zoning map. The new official zoning map
may correct drafting or other errors, or omissions in the
prior official zoning map, but no such correction shall have
the effect of amending the original official zoning map or any
subsequent amendment thereof. The new official zoning map
shall be attested by the signature of the Mayor and shall be
witnessed. Unless the prior official zoning map or maps have
been lost or totally destroyed, the prior map or maps or any
significant parts thereof remaining shall be preserved,
together with all available records pertaining to the adoption
and amendment, if any, of the prior map or maps.

1-6.3 Application and Interpretation of District Boundaries.
Where uncertainty exists as to the boundaries of zoning
districts as shown on the official zoning map, the following
rules shall apply:

a. Unless otherwise indicated, district boundaries indicated
as approximately following the center lines of existing
or proposed roads, streets, highways, alleys, or
railroads; mean low water or center lines, as indicated
of streams, ponds, drainage ditches, or other natural an@
manmade bodies of water; property 'lines; or civil
boundaries shall be construed to follow such lines.

b. Boundaries indicated as parallel to or extensions of
features indicated in subsection A above shall be so
construed. Distances not specifically indicated on the
official zoning map shall be determined by the scale of
the map.

C. If no distance, angle, curvature description, or other
means is given to determine a boundary line accurately
and the foregoing provisions do not apply, the same shall
be determined by the size of the scale shown on the
official zoning map.

d. Where a district boundary line divides a lot which was in
single ownership at the time of passage of this
ordinance, the Board of Zoning Appeals shall hear and
decide the exact location of the district line in keeping
with the provisions of Article VIII.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

e. Where the exact location of district boundaries is not
clear after application of the rules presented, the Board
of Zoning Appeals shall hear and decide such questions in
accordance with the provisions of Article VIII.

1-7 Application of District Regulations. The regulations set by
this ordinance within each district shall be minimum regulations
and shall apply uniformly to each class or kind of structure or
land except as hereinafter provided:

A. No building or land shall hereafter be used or occupied, and
no building or part thereof shall be erected, constructed,
reconstructed, moved, or structurally altered except in
conformity with all of the regulations herein specified for
the district in which it is located or is to be located.

B. No building shall hereafter be erected, constructed, or
altered so as to exceed height or bulk limits, to accommodate
or house a greater number of families, to occupy a greater
percentage of lot area, or to have narrower or smaller rear
yards, front yards, side yards, or other open spaces than
herein required.

C. No new yard or lot shall hereafter be created nor shall any
yard or lot existing at the time of enactment of this
ordinance be altered so that width, depth, or area
requirements; front side, or rear requirements; or other
requirements of this ordinance are not maintained, except when
a portion of a lot is acquired for public use.

D., No part of a yard, other open space, off street parking space,
or loading space required about or in connection with any
building for the purpose of complying with the regulations of
this ordinance shall be included as part of a yard, other than
similarly required for another building, except as provided
hereinafter.

E. Nothing contained herein shall require any changes in the
plans or construction of any building for which a building
permit was granted prior to the effective date of this
ordinance. However, if such construction does not commence
within six (6) months or less after this ordinance becomes
effective, construction shall be in conformity with the
provisions of this ordinance for the district in which the
activity is located.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

Article II Definitions

For the purpose of this ordinance, certain words and terms are
defined as follows. Words used in the present tense include the
future. Words in the singular include the plural, and the plural
includes the singular.

II-1 Accessory Use or Structure: A subordinate use or structure
customarily incidental to and located upon the same lot occupied by
the main use or building.

11-2 Acreage: A parcel of land, regardless of area, described by
metes and bounds which is not a numbered lot on any recorded
subdivision plat.

11-3 Administrator, The: The official charged with the enforcement
of the zoning ordinance. He may be any appointed or elected
official who is by formal resolution designated to the position by
the governing body. He may serve with or without compensation as
determined by the governing body.

11-4 Agriculture: The tilling of the soil, the raising of crops,
horticulture, forestry, and gardening, including the keeping of
animals and fowl, and including any agricultural industry or
business such as fruit packing plants, dairies, or similar uses.

11-5 Agricultural Lands: Those lands used for the planting and
harvesting of crops or plant growth of any kind in the open;
pasture; horticulture; dairying; floriculture; or raising of
poultry and/or livestock.

11-6 Alteration: Any change in the total floor area, use,
adaptability, or external appearance of an existing structure.

11-7 Apartment House: A building used or intended to be used as
the residence of three (3) or more families living independently of
each other.

11-8 Automobile Graveyard: Any- lot or place which is exposed to
the weather upon which more than five (5) motor vehicles of any
kind, incapable of being operated, and which it would not be
economically practical to make operative, are placed, located, or
found.

11-9 Basement: A story having part but not more than one-half
(1/2) of its height below grade. A basement shall be counted as a
story for purposes of height regulations, if it is used for
business purposes, or for dwelling purposes by other than a janitor
employed on the premises.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

II-10 Bed and Breakfast House: A dwelling where lodging and
breakfast is provided for compensation for up to six (6) persons
(in contradistinction to hotels, boarding houses and tourist
houses) and open to transients. Up to one person may be hired to
assist in the operation of the establishment.

II-11 Best Management Practices (BMPs)-: A practice, or a
combination of practices, that is determined by a state or
designated area-wide planning agency to be the most effective,
practical means of preventing or reducing the amount of pollution
generated by nonpoint sources to a level compatible with water
quality goals.

11-12 Boarding House: A building where, for compensation, lodging
and meals are provided for at least five (5) and up to ten (10)
persons.

11-13 Buffer Area: An area of natural or established vegetation
managed to protect other components of a Resource Protection Area
and state waters from significant degradation due to land
disturbances.

11-14 Building: Any structure having a roof supported by columns
or walls for the housing or enclosure of persons, animals, or
chattels.

11-15 Building, Accessory: A subordinate structure customarily
incidental. to and located upon the same lot occupied by the main
structure. No such accessory structure shall be used for
housekeeping purposes.

11-16 Building, Height of: The height shall be measured from the
average elevation of the ground surface along the front of the
building.

11-17 Building, Main: The principal structure or one (1) of the
principal buildings on a lot, or the building or one (1) of the
principal buildings housing the principal use on the lot.

11-18 Cellar: A story having more than one-half (1/2) of its
height below grade and which may not be occupied for dwelling
purposes.

11-19 Chesapeake Bay Preservation Area (CBPA) : Any land designated
by the Belle Haven Town Council pursuant to Part III of the
Chesapeake Bay Preservation Area Designation and Management
Regulations, VR 173-02-01, and Section 10.1-2107 of the Code of
Virginia. A Chesapeake Bay Preservation Area shall consist of a
Resource Protection Area and a Resource Management Area.

11-20 Commission, The: The Planning Commission of the Town of
Belle Haven, Virginia.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

11-21 Construction Footprint: The area of all impervious surface
including, but not limited to, buildings, roads and drives, parking
areas, and sidewalks and the area necessary for construction of
such improvements.

11-22 Dairy: A commercial establishment for the manufacture and
sale of dairy products.

11-23 Development: The construction, or substantial alteration, of
residential, commercial, industrial, institutional, recreation,
transportation, or utility facilities or structures.

11-24 Diameter at Breast Height (DBH) : means the diameter of a tree
measured outside the bark at a point 4.5 feet above ground.

11-25 District: Districts as referred to in the State Code,
Section 15.1-486.

11-26 Dripline: A vertical projection to the ground surface from
the furthest lateral extent of a tree's leaf canopy.

11-27 Dump Heap (Trash Pile) : Any area of one hundred (100) square
feet or more lying within one thousand (1,000) feet of a state
highway, a residence, dairy barn, or food handling establishment
where trash, garbage, or other waste or scrap material is dumped or
deposited without being covered by a sanitary fill.

11-28 Dwelling: Any structure which is designed for use for
residential purposes, except hotels, boarding houses, lodging
houses, tourist cabins, apartments, travel trailers, and
manufactured homes.

11-29 Dwelling, Multiple-Family: A structure arranged or designed
to be occupied by more than one (1) family.

11-30 Dwellinci, Single-Family: A structure arranged or designed to
be occupied by one (1) family, the structure having only one (1)
dwelling unit. Excludes mobile home as.defined.

11-31 Dwelling, Two-Family: A structure arranged or designed to be
occupied by two (2) families, the structure having only two (2)
dwelling units.

11-32 Dwelling Unit: One (1) or more rooms in a dwelling designed
for living or sleeping purposes and having at least one (1)
kitchen.

11-33 Family: One (1) or more persons occupying a premises and
living in a single dwelling unit, as distinguished from an
unrelated group occupying a boarding house, lodging house, tourist
home, or hotel.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

11-34 Frontage: The minimum width of a lot measured from one (1)
side line to the other along a straight building setback line as
defined as required herein.

11-35 Garage, Private: Accessory building designed or used for the
storage of not more than three (3) automobiles owned and used by
the occupants of the building to which it is accessory. on a lot
occupied by a multiple-unit dwelling, the private garage may be
designed and used for the storage of one and one-half (1 1/2) times
as many automobiles as there are dwelling units.

11-36 Garage, Public: A building or portion thereof, other than a
private garage, designed or used for servicing, repairing, equip-
ping, renting, selling, or staring motor-driven vehicles.

11-37 Golf' Course: Any golf course, publicly or privately owned,
on which the game of golf is played, including accessory uses and
buildings customary thereto, but excluding golf driving ranges as
defined herein.

11-38 Golf Driving Range: A limited area on which golf players do
not walk, but onto which they drive golf balls from a central
driving tee.

11-39 Governing Body: The Town Council of Belle Haven, Virginia.

11-40 Group Home: A residence where eight (8) or less mentally or
developmentally disabled persons reside, with one or more resident
counselors or other staff persons. Such group home shall be
treated as a single-family residence, in accordance with Section
15.1-486.3, Code of Virginia, as amended.

11-41 Guest Room: A room which is intended, arranged, or designed
to be occupied, or which is occupied, by one (1) or more guests
paying direct or indirect compensation therefor, but in which no
provision is made for cooking. Dormitories are excluded.

11-42 Historical Area: An area indicated on the zoning map to
which the provisions of the ordinance apply for protection of a
historical. heritage.

11-43 Home Garden: A garden in a residential district for the
production of vegetables, fruits, and flowers generally for use
and/or consumption by the occupants of the premises.

11-44 Home occupation: Any occupation or profession carried on in
a dwelling unit or on the premises thereof, provided that:

A. No person other than members of the family residing on the
premises shall be engaged in such occupation.

TOWN OP -BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

B. The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to its use for residential
purposes by its occupants, and not more than twenty-five (25)
percent of the floor area of the dwelling unit or twenty-five
(25) percent of said floor area if conducted in an accessory
building, shall be used in the conduct of the home occupation.

C. There shall be no change in the outside appearance of the
building or premises, or other visible evidence of the conduct
of such home occupation other than one sign, not exceeding one
(1) square foot in area. The sign must have a white
background with black trim. Letters must be in black and may
be no more than three inches in height.

D. No traffic shall be generated by such home occupation in
greater volumes than would normally be expected in a
residential neighborhood, and any need for parking generated
by the conduct of such home occupation shall be met off the
street and other than in a required front yard.

E. No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odors, or
electrical interference detectable to the normal senses off
the lot, if the occupation is conducted in a single-family
dwelling, or outside the dwelling unit if conducted in other
than a single-family dwelling. In the case of the electrical
interference, no equipment or process shall be used which
creates visual or audible interference in any radio or
television receivers off the premises, or causes fluctuations
in line voltage off the premises. Bed and breakfast houses,
boarding and rooming houses, tourist homes and private
education institutions, the conducting of a beauty or barber
shop, tea room or restaurant, rest home, clinic, doctor or
dentist office, child care center, real estate office, or
cabinet, metal, or auto repair shop shall not be deemed a home
occupation.

11-45 Hospital: An institution rendering medical, surgical,
obstetrical, or convalescent cSte, including nursing homes, homes
for the aged and sanatoriums; but in all cases excluding
institutions primarily for mental patients, epileptics, alcoholics,
or drug addicts (certain nursing homes and homes for the aged may
be "home occupations" if they comply with the definition herein) .

11-46 Hospital, Special Care: A special care hospital shall mean
an institution rendering care primarily for mental patients,
epileptics, alcoholics, or drug addicts.

11-47 Impervious Cover: A surface composed of any material that
significantly impedes or prevents natural infiltration of water
into the soil. Impervious surfaces include, but are not limited

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

to: roof s, buildings, streets, parking areas, and any concrete,
asphalt, or compacted gravel surface.

11-48 Institutional Use: For the purpose of this ordinance
institutional uses shall be defined as those uses that pertain to
government or education.

11-49 Junk Yard: An establishment or place of business which is
maintained, operated, or used for storing, keeping, buying, or
selling junk, or for the maintenance or operation of an automobile
graveyard, and the term shall include garbage dumps and sanitary
fills.

11-50 Kennel: Any place in which more than three (3) dogs, more
than six (6) months of age are kept, or any number of dogs are kept
for the purpose of sale or rental or in connection with boarding,
care, or breeding, for which any fee is charged.

11-51 Livestock Market: A commercial establishment wherein
livestock is collected for sale and auctioned off.

11-52 Lot: A parcel of land occupied or to be occupied by a main
structure or group of- main structures and accessory structures,
together with such yards, open spaces, lot width, and lot areas as
are required by this ordinance, and having frontage upon a street,
either shown on a plat of record or considered as a unit of
property and described by metes and bounds.

11-53 Lot, Corner: A lot abutting on two (2) or more streets at
their intersection. Of the two (2) sides of a corner lot, the
front shall be deemed to be the shortest of the two (2) sides
fronting on streets.

11-54 Lot, Depth of: The average horizontal distance between the
front and rear lot lines.

11-55 Lot, Double Frontage: An interior lot having frontage on two
(2) streets.

11-56 Lot, Interior: Any lot other than a corner lot.

11-57 Lot, Width: The width of any lot at the setback line,
calculated by measuring back a uniform distance from the street
line as required by the setback line shall also curve or angle
uniformly with the street line and the lot width shall be
calculated along the said curve or angle setback line.

11-58 Lot of Record: A lot which has been recorded in the Clerk's
Office of the Circuit Court.

11-59 Manufacture and/or Manufacturing: The processing and/or
converting of raw, unfinished materials, or products, or either of

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

them, into articles or substances of different character, or for
use for a different purpose.

11-60 Manufactured Home: A structure constructed to federal
standards, transportable in one or more sections, which, in the
traveling mode, is eight (8) feet or more in width and is forty
(40) or more feet in length, or when erected on site, is three-
hundred and twenty (320) or more square feet, and which is built on
a permanent chassis and designed to be used as a dwelling unit with
or without a permanent foundation when connected to the required
utilities, and includes the plumbing, heating, air conditioning,
and electrical conditions contained therein. The term "mobile
home," once widely used to describe transportable housing units,
has been replaced in the Code of Virginia, Section 36-85.16 et
seq., by the term "manufactured home."

11-61 Manufactured Home Park or Subdivision: Any area designed to
accommodate two (2) or more manufactured homes intended for
residential use where residence is in manufactured homes
exclusively.

11-62 Mobile Home: A transportable, factory built home designed to
be used as a year-round residential dwelling and built prior to the
enactment of the Federal Manufactured Housing Construction and
Safety Standards Act of 1974. (This definition shall not include
motor homes and travel trailers.)

11-63 Motor Home: Every private motor vehicle with a normal
seating capacity of not more than ten persons, including the
driver, designed primarily for use as living quarters for human
beings.

11-64 Nonconforming Lot: An otherwise legally platted lot that
does not conform to the minimum area or width requirements of this
ordinance for the district in which it is located either at the
effective date of this ordinance or as a result of subsequent
amendments to the ordinance.

11-65 Nonconforming Activity: The otherwise legal use of a
building or structure or of a tract of land that does not conform
to the use regulations of this ordinance for the district in which
it is located, either at the effective date of this ordinance or as
a result of subsequent amendments to the ordinance.

11-66 Nonconformincr Structure: An otherwise legal building or
structure that does not conform with the lot area, yard, height,
lot coverage, or other area regulations of this ordinance, or is
designed or intended for a use that does * not conform to the use
regulations of this ordinance for the district in which it is
located, either at the effective date of this ordinance or as a
result of subsequent amendments to the ordinance.

TOWN OF BELLE HAVEN Z03IIIG ORDINANCE - Adopted November 3, 1992

11-67 NonDoint Source Pollution: Pollution consisting of
constituents such as sediment, nutrients, and organic and toxic
substances from diffuse sources, such as runoff from agriculture
and urban land development and use.

11-68 Nontidal Wetlands: Those wetlands other than tidal wetlands
that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal
circumstances do support a prevalence of vegetation typically
adapted for life in saturated soil conditions, as defined by the
U.S. Environmental Protection Agency pursuant to Section 404 of the
federal Clean Water Act, in 33 C.F.R. 328.3b, dated November 13,
1986.

11-69 Noxious Weeds: Weeds that are difficult to control
effectively, such as Johnson Grass, Kudzu, and multiflora rose.

11-70 Office: For the purpose of this ordinance offices are defined
as a building, room or suite in which services, clerical work,
professional duties or the like are carried out.

11-71 Parking Space: A permanently paved area with an all-weather
surface, enclosed or unenclosed, sufficient in size to store one
(1) standard size automobile, together with a permanently surfaced
driveway connecting the parking space with a street or alley and
permitting ingress or egress of an automobile.

11-72 Parkincr Area, Off-Street: Parking (as defined in 11-70)
space provided for vehicles outside the dedicated street
right-of-way.

11 -73 Plan of Development: The process for site plan or
subdivision plat review to ensure compliance with Section 10.1-2109
of the Code of Virginia and this Article, prior to any clearing or
grading of a site or the issuance of a building permit.

11-74 Public Road: A publicly-owned road designed and constructed
in accordance with water quality protection criteria at least as
stringent as requirements applicable to the Virginia Department of
Transportation, including regulations promulgated pursuant to (i)
the Erosion and Sediment Control Law (Section 10.1-560 et seq. of
the Code of Virginia) and (ii) the Virginia Stormwater Management
Act (Section 10. 1-603 et seq. of the Code of Virginia) . This
definition includes those roads where the Virginia Department of
Transportation exercises direct supervision over the design or
construction activities, or both, and cases where secondary roads
are constructed or maintained, or both, by the local government in
accordance with the standards of that local government.

11-75 Public Water and Sewer Systems: A water or sewer system
owned and operated by the Town of Belle Haven or owned and operated
by a private individual or a corporation approved by the governing

TOWN OP BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

body and properly licensed by the State Corporation Commission, and
subject to special regulations as herein set forth.

11-76 Recreational Vehicle: Vehicular-type structure designed as
temporary living accommodations for recreation, camping, and travel
use. There are four (4) basic types of recreational vehicles -
travel trailers, motor homes, truck campers, and camping trailers.

!1-77 Redevelopment: The process of developing land that is or has
been previously developed.

11-78 Required Open Space: Any space required in any front, side,
or rear yard.

11-79 Resource Manacfement Area (RMA) That component of the
Chesapeake Bay Preservation Area that is not classified as the
Resource Protection Area. RMAs include land types that, if
improperly used or developed, have the potential for causing
significant water quality degradation or for diminishing the
functional value of the Resource Protection Area.

11-80 Resource Protection Area (RPA): That component of the
Chesapeake Bay Preservation Area comprised of lands at or near the
shoreline that have an intrinsic water quality value due to the
ecological and biological processes they perform or are sensitive
to impacts which may result in significant degradation to the
quality of state waters.

11-81 Restaurant: Any building in which, for compensation, food or
beverages are dispensed for consumption on the premises including,
among other establishments, cafes, tea rooms, confectionery shops,
or refreshment stands.

11-82 Retail Stores and Shops: Buildings for display and sale of
merchandise at retail or for the rendering of personal services
(but specifically exclusive of coal, wood, and lumber yards) such
as the following which will serve as illustration: drug store,
newsstand, food store, candy shop, milk dispensary, dry goods and
notions store, antique store and gift shop, hardware store,
household appliance store, furniture store, florist, optician,
music and radio store, tailor shop, barber shop, and beauty shop.

11-83 Setback: The minimum distance by which any building or
structure must be separated from the front lot line.

11-84 Sign: Any display of any letters, words, numerals, figures,
device, emblems, pictures, or any parts or combinations thereof, by
any means whereby the same are made visible for the purpose of
making anything known, where such display be made on, attached to,
or as a part of a structure, surface, or any other thing including,
but not limited to, the ground, any rock, tree, or other natural
object, which display is visible beyond the boundaries of the

TOWN OF BELLE HAVEN ZONING ORDINANCE Adopted November 3, 1992

parcel of land on which the same is made. A display of less than
one (1) square foot in area is excluded from this definition.

11-84.1 Business. A sign which directs attention to a
product, commodity, or service available on the premises.

11-84. 2 Home Occupation. A sign not exceeding one (1) square
foot in area directing attention to a product, commodity, or
service available on the premises, but which product,
commodity, or service is clearly a secondary use of the
dwelling. The sign must have a white background with black
trim. Letters must be in black and no more than three inches
in height.

11-84.3 General Advertising. A sign which directs attention
to a product, commodity, or service not necessarily available
on the premises.

11-84.4 Location. A sign which directs attention to the
approximate location of an establishment from which the
advertised product may be obtained.

11-84.5 Directional. A directional sign which indicates the
direction to which attention is called four (4) square feet or
less in area, giving the name only of the farm or business
responsible for the erection of same, one end of which may be
pointed, or on which an arrow may be painted.

11-84.6 Identification. A sign, not exceeding sixteen (16)
square feet in area, for the purpose of showing the name and
use of a convent, monastery, seminary, church, country club,
sanitarium, cemetery, children's home, orphanage, fraternal
organization, hospital, or other similar establishment, when
such use is permitted in a residence zone as specified in this
article and such sign is erected or displayed on the property
as identified.

11-85 Sign Structure: Includes the supports, uprights, bracing,
and framework of any structure, be it single-faced, double-faced,
v-type, or otherwise exhibiting a sign.

11-86 Sign, Temporary: A sign applying to a seasonal or other
brief activity such as, but not limited to, summer camps, horse
shows, auctions, or sale of land. Temporary signs shall conform in
size and -type to directional signs.

11-87 Store: See Item 11-82, Retail Stores and Shops.

11-88 Story: That portion of a building, other than the basement,
included between the surface of any floor and the surface of the
floor next above it. If there is no floor above it, the space
between the floor and the ceiling next above it.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

11-89 Story, Half: A space under a sloping roof, which has the
line of intersection of roof decking and wall face not more than
three (3) feet above the top floor level, and in which space not
more than two-thirds of the floor area is finished off for use.

11-90 Street, Road: A public thoroughfare, except an alley or
driveway, which affords principal means of access to abutting
property.

11-91 Street Line: The dividing line between a street or road
right-of-way and the contiguous property.

11-92 Structure: Anything constructed or erected, the use of which
requires permanent location on the ground, or attachment to some-
thing having a permanent location on the ground. This includes,
among other things, dwellings, buildings, signs, etc.

11-93 Tidal Shore or Shore: Land contiguous to a tidal body of
water between the mean low water level and the mean high water
level.

11-94 Tidal Wetlands: Vegetated and nonvegetated wetlands as
defined in Section 62.1-13.2 of the Code of Virginia.

11-95 Tributary Stream: Any perennial stream that is so depicted
on the most recent U.S. Geological Survey 7-1/2 minute topographic
quadrangle map (scale 1:24,000).

11-96 Tourist Court, Motel, Cabins, or Motor Lodge: One (1) or
more buildings containing individual sleeping rooms, designed-for
or used temporarily by automobile tourists or transients, with
garage or parking space conveniently located to each unit. Cooking
facilities may be provided for each unit.

11-97 Tourist Home: A dwelling where only lodging is provided for
compensation for up to fourteen (14) persons (in contradistinction
to hotels and boarding houses) and open to transients.

11-98 Travel Trailer: Vehicular structure mounted on wheels which
is designed as temporary living accommodations for recreation,
camping, and travel use and can be easily towed by automobile_or
small truck and does not require special highway movement permits.

11-99 Truck Camper: Portable structure designed to be loaded onto
or affixed to the bed or chassis of a truck. Designed to be used
as temporary living accommodations for recreation, camping, and
travel use.

II-100 Use, Accessory: A subordinate use customarily incidental to
and located upon the same lot occupied by the main use.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

II-101 Variance: A variance is a reasonable deviation, granted by
the Board of Zoning Appeals, from those provisions regulating the
size or area of a lot or parcel of land or the size, area, bulk, or
location of a building or structure.

11-102 Water-dependent FacilitV: A development of land that cannot
exist outside of the Resource Protection Area and must be located
on the shoreline by reason of the intrinsic nature of its
operation. These facilities include, but are not limited to (i)
ports; (ii) the intake and outfall structures of power plants,
water treatment plants, sewage treatment plants, and storm sewers;
(iii) marinas and other boat docking structures; (iv) beaches and
other public water-oriented recreation areas; and (v) fisheries or
other marine resources facilities.

11-103 Wayside Stand, Roadside Stand, Wayside Market: Any
structure of land used for the sale of agricultural or
horticultural produce, livestock, or merchandise produced by the
owner or his family on their farm.

11-104 Wetlands: Tidal and nontidai wetiands.

11-105 Yard: An open space on a lot other than a court unoccupied
and unobstructed from the ground upward, except as otherwise
provided herein.

11-105.1 Front. An open space on the same lot as a building
between the front line of the building (excluding steps) and
the front lot or street line, and extending across the full
width of the lot.

11-105.2 Rear. An open, unoccupied space on the same lot as
a building between the rear line of the building (excluding
steps) and the rear line of the lot and extending the full
width of the lot.

11-105.3 Side. An open, unoccupied space on the same lot as
a building between the side line of the building (excluding
steps) and the side line of the lot, and extending from the
front yard line to the rear yard line.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted NovenUDer 3, 1992

Article III - Districts

III-1 Enumeration of Districts. For the purpose of this ordinance,
the incorporated area of the Town of Belle Haven, Virginia, is
hereby divided into the following districts.

Residential, Single-Family: R-1 page 20
Residential, Mixed: R-2 page 23
Business, General: B-1 page 26
Agricultural: A-1 page 28
Chesapeake Bay Preservation
Area Overlay District: CBPA page 30

Location of these districts can be found on Map 1, page 18, and Map
2, page 19.

TOWN OF BELLE HAVEN ZONING ORDINANCE Adopted November 3, 1992

Mapl

OWN OF BE! HIAVEN
ZONING

............

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R 1 Flesidential

R - 2 Residential - Mixed

S, - 1 Business
77 A - 1 Agricultural

TOWN OF BELLE HAVEN ZONING ORDINANCE Adopted November 3, 1992

Map 2
TOWN OF BELLE HAVEN
.............. . CHESAPEAKE BAY
... PRESERVATION AREAS

............... ...
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Amended November 28, 1995
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Resource Protection Area .. ...... . .......... .

Tidal Wetlands

Buffer Zone
.. ...... 41
.............. ;..A
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Resource Management Area

TOWN OF 13ELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

111-2 Residential Single-Family District, R-1

111-2.1 Statement of Intent. This district is composed of certain
quiet, low-density residential areas plus certain open areas where
similar residential development is recommended to occur by the Town
of Belle Haven Comprehensive Plan. The regulations for this
district are designed to stabilize and protect the essential
characteristics of the district, and to promote and encourage a
suitable environment for family life where there are children. To
these ends, development is limited to a relatively low
concentration; and permitted uses are basically limited to
single-unit dwellings providing homes for the residents, plus
certain additional uses, such as parks, and certain public
facilities that serve the residents of the district. This area is
represented as R-1 on page 18 of the Town of Belle Haven, Virginia,
Zoning Ordinance and as Residential on the Future Land Use Map in
the Belle Haven Town Plan.

111-2.2 Principal Permitted Uses and Structures. The following
uses shall be permitted subject to all the other requirements of
this ordinance as a matter of right in Single-Family Residential
District (R-1) .

A. Single-Family Dwellings.

B. Parks and Playgrounds.

C. Public Utilities: poles, distribution lines, distribution
transformers, pipes, meters, and other facilities necessary
for the provision and maintenance of public utilities,
including water and sewerage facilities. These utilities do
not include commercial radio antennae.

D. Accessory Buildings.

E. Group Homes, as defined.

111-2.3 Special Uses. The tollowing uses shall be permitted in
Single-Family Residential District (R-1), subject to all the other
requirements of this ordinance, only upon the obtaining of a
Special Use Permit from the Town Council.

A. Two-Family Dwelling.

1. Each dwelling unit shall not be permitted more than one
apartment, which shall be contained within the dwelling
unit itself.

2. The apartment shall not occupy more than thirty (30)
percent of the floor area in the dwelling unit.

B. Home Occupations - as defined in 11-43

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

C. Churches, in a building.

D. Bed and Breakfast Houses.

E. Day Care Centers, in a building.

F. Professional Offices, in a building.

111-2.4 Area Rectulations. The minimum lot area required for a
permitted use in the 11R-111 district is 16,000 square feet.

111-2.5 Setback Regulation. Structures shall be located thirty-
five (35) feet or more from any street right-of-way which is fifty
(50) feet or greater in width, or sixty (60) feet or more from the
center of any street right-of-way less than fifty (50) feet in
width; however, no building need be set back more than the average
of the setbacks of the two adjacent structures on either side. A
vacant lot fifty (50) feet or more in width may be assumed to be
occupied by a building having a minimum setback. This shall be
known as the "setback line." on corner lots, the-structures shall
be set back thirty (30) feet from both streets.

111-2.6 Frontage Regulations. The minimum lot width measured along
a street at the setback line shall be one-hundred (100) feet or
more, and for each additional dwelling unit there shall be at least
ten (10) feet of additional lot width at the "setback line."

111-2.7 Yard Regulations.

Side: The minimum side yard shall be fifteen (15) feet or more.
A one story accessory building shall have a side yard of
five (5) feet or more and any accesory building over I
story in height shall be ten (10) feet or more from any
lot line.

Rear: Each main building shall have a rear yard of twenty-five
(25) feet or more. A one story accessory building shall
have a rear yard of five (5) feet or more and each
accessory building over 1 story shall be ten (10) feet or
more from any lot line.

111-2-8 Height Recrulations. Buildings may be erected up to 35 feet
and two and one-half (2 1/2) stories in height except that:

A. Public utility structures, church spires, belfries, cupolas,
monuments, water towers, chimneys, flues, flag poles,
residential television antennae and residential radio aerials
are exempt. Parapet walls may be up to 4 feet above the
height of the building an which the walls rest.

B. Accessory buildings shall be limited to two (2) stories in
height.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

111-2.9 Access. Each dwelling unit shall front on a dedicated
public street or a thirty-four (34) foot minimum width access easement.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

111-4 Residential Mixed District (R-2)

111-4.1 Statement of Intent. This district is composed of a mix of
single-family and multi-family residential areas plus certain open
areas where similar residential development is recommended by the
Town of Belle Haven Comprehensive Plan. The regulations for this
district are designed to stabilize and protect the essential
characteristics of the district, to promote and encourage a
suitable environment for family life where there are children, and
to limit activities of a commercial nature. This district allows
a higher density of dwelling units than R-1. Permitted uses
include one and two family dwellings and only after the issuance of
Special Use Permit as provided in Article VIII would dwellings of
three or more units be permitted. Homes will be provided for
residents plus certain public facilities that serve the residents
of the district. This area is represented as R-2 on page 18 of the
Town of Belle Haven, Virginia, Zoning Ordinance and as Residential:
Mixed on the Future Land Use Map in the Belle Haven Town Plan.

111-4.2 Principal Permitted Uses and Structures. The following
uses shall be permitted by right.

A. Accessory Buildings.

B. Single-Family Dwellings.

C. Two-Family Dwellings.

D. Parks and Playgrounds.

E. Public Utilities: poles, lines, distribution transformers,
pipes, meters and other facilities necessary for the provision
and maintenance of public utilities, including water and
sewerage systems. These utilities do not include commercial
radio antennae.

F. Group Homes, as defined.

111-4.3 Special Uses. The following uses shall be permitted in
Residential Mixed District, R-2, subject to all other requirements
of this ordinance,-only upon the obtaining of a special use permit
from the governing body.

A. Multi-Family Dwellings.

B. Tourist Homes.

C. Bed and Breakfast Houses.

D. Rest Homes.

E. Day Care Centers, in a building.

TOWN OF B13LLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

F. Home occupations - as defined in 11-43.

G. Churches, in a building.

111-4.4 Area Regulations.

A. The minimum lot area for residential lots containing one (1)
dwelling unit is 16,000 square feet.

B. The minimum lot area for residential lots containing two
dwelling units is 26,000 square feet for two (2) dwelling
units and 10,000 square feet for each additional unit.

111-4.5 Setback Regulations. Structures shall be located thirty-
five (35) feet or more from any street right-of-way which is fifty
(50) feet or greater in width, or sixty (60) feet or more from the
center of any street right-of-way less than fifty (50) feet in
width; however, no building need be set back more than the average
of the setbacks of the two adjacent structures on either side. A
vacant lot fifty (50) feet or more in width may be assumed to be
occupied by a building having a minimum setback. This shall be
known as the "setback line." on corner lots, the structures shall
be set back thirty (30) feet from both streets.

111-4.6 Frontage Regulations.

A. The minimum lot width measured along a street at the setback
line shall be ninety (100) feet or more for a lot containing
a single-family residential unit.

B. The minimum lot width measured along a street at the setback
line shall be one hundred twenty (120) feet or more for a lot
containing a two-family residential unit with an additional
ten (10) feet required for each additional dwelling unit.

111-4.7 Yard Regulations.

Side: The minimum side yard shall be ten (10) feet or more. A
one story accessory building shall have a side yard of
five (5) feet or more and any accessory building over 1
story in height shall be ten (10) feet or more from any
lot line.

Rear: Each main building shall have a rear yard of twenty-five
(25) feet or more. A one story accessory building shall
have a rear yard of f ive (5) feet or more and each
accessory building over 1 story shall be ten (10) feet or
more from any lot line.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

111-4.8 Supplemental Regulations for Multi-Family Units.

A. No more than eight (8) multi-family units shall be included in
any one multi-family grouping.

B. The facades of dwelling units in a multi-family development
should be varied by changed front yards and variation in
materials or design, so that abutting units need not have the
same front yard depth or the same, or essentially the same,
architectural treatment of facades and roof lines.

111-4.9 Height Reaulations. Buildings may be erected up to 35 feet
and two and one-half (2 1/2) stories in height except that:

Accessory buildings shall be limited to two (2) stories in
height.

111-4.10 Access. Each dwelling unit shall front on a dedicated
public street or a thirty-four (34) foot minimum width access
easement.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

111-5 Business, General, District B-1

111-5.1 Statement of Intent. This district is intended to provide
for the conduct of limited business which provide convenience,
goods and services. This area is represented by B-1 on page 18 of
the Town of Belle Haven, Virginia, Zoning Ordinance and as
Business an the Future Land Use Map in the Belle Haven Town Plan.

111-5.2 Principal Permitted Uses and Structures. The following
uses shall be permitted by right.

A. All Uses Permitted in R-1 and R-2.

B. Retail Food Stores.

C. Banks; and Lending Institutions.

D. Theaters.

E. Restaurants.

F. Signs as Permitted under Article IV herein.

G. Retail Service Stores.

H. Retail Sales Stores.

I. Public Utilities: Poles, distribution lines, distribution
transformers, pipes, meters, and other facilities necessary
@or the provision and maintenance of public utilities,
including water and sewage facilities. These utilities shall
not include commercial radio antennae.

J. Virginia ABC Stores.

K. Drainage, Erosion and Flood Control Devices.

L. Residential Apartments above stores.

M. Accessory Buildings.

111-5.3 Special Use. The following uses shall be permitted in
Business, General, District, B-1, subject to all the other
requirements of this ordinance, only upon the obtaining of a
Special Use Permit from the governing body.

A. Clubs and Lodges.

B. Libraries.

C. Wholesale Stores.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

D. Machinery Sales and Service.

III-5_4 Area Regulations. None, except for those uses permitted in
R-1 and R-2 Districts. The area regulations in R-1 shall apply to
R-1 uses and area regulations in R-2 shall apply to R-2 uses.
The required area for any use requiring individual sewage disposal
shall be approved by the county health official.

111-5.5 Frontage Regulations. For those uses permitted in R-1 and
R-2 Districts, the frontage regulations in R-1 shall apply to R-1
uses and frontage regulations in R-2 shall apply to R-2 uses.

111-5.6 Setback Regulations. For those uses permitted in R-1, the
setback requirement in R-1 shall prevail. For those uses permitted
in R-2, the setback requirement in R-2 shall prevail.

111-5.7 Yard Regulations. For those uses permitted in R-1, the
yard regulations in R-1 shall prevail. For those uses permitted in
R-2, the yard regulations in R-2 shall prevail. For the other
permitted uses in B-1, should a side or rear yard be utilized, the
minimum side yard shall be ten (10) feet and the minimum rear yard
shall be twenty (20) feet and, should the property be adjacent to
a residential district, the minimum side yard shall be twenty-five
(25) feet and the minimum rear yard shall be twenty (20) feet.

111-5.8 Heicfht Regulations. Buildings, other than residential
buildings, may be erected to a height of 45 feet, except that:

B. Accessory buildings shall be limited to two (2) stories in
height and any accessory building over one (1) story in height
shall be at least ten (10) feet from any lot line.

111-5.9 Access. Each main building shall front on a dedicated
public street or a thirty-four (34) foot minimum width access
easement.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992_

111-6 Agricultural District District, A-1

111-6.1 Statement of Intent. It is the intent of this district to
provide appropriate locations for open farm land or wooded land.
The regulations for this district are designed to keep the farmland
for farming purposes as open land with a minimum of other
development. The intent of the district is to restrict general
farming activity only as far as it would cause health hazards or
excessive annoyance to neighboring residential areas. This area is
represented as A-1 on page 18 of the Town of Belle Haven Zoning
Ordinance and as Agricultural on the Future Land Use Map in the
Belle Haven Town Plan.

111-6.2 Principal Permitted Uses and Structures. The following
uses and structures shall be permitted by right subject to other
provisions herein:

A. General farming, except for hog farms and poultry houses.

B. Forestry.

C. Single-family Dwellings.

D. Churches.

E. Schools, Kindergarten, Nursery.

F. Public Utilities.

G. Animal Hospital and Veterinary office.

H. Specialized Animal Raising.

I. Nurseries and Greenhouses.

J. Open Space Recreation, Playgrounds, Parks.

K. Group Homes, as defined.

111-6.3 Special Use. The following uses shall be permitted in the
Agricultural District, A-1, subject to all the other requirements
of this ordinance, only upon the obtaining of a Special Use Permit
from the governing body.

A. Manufactured Housing less than nineteen feet in width.

B. Migrant Farmworker Housing.

C. Radio and Television Towers.

111-6.4 Area Regulations. The minimum lot area for a single-family
dwelling, kindergarten, nursery, animal hospital, or veterinary

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

office shall be two (2) acres. The minimum lot area for any other
permitted use shall be unrestricted.
111-6. 5 Setback Regulations. All structures shall be located
thirty-five (35) feet or more from any street right-of-way which is
fifty (50) feet or greater in width, or sixty (60) feet or more
from the center of any street right-of-way less than fifty (50)
feet in width; however, no building need be set back more than the
average of the setbacks of the two adjacent structures on either
side. A vacant lot f if ty (50) feet or more in width may be assumed
to be occupied by a building having a minimum setback. This shall
be known as the "setback line." On corner lots, the structures
shall be set back thirty-five (35) feet from both streets.

111-6.6 Frontage Regulations. For permitted uses the minimum lot
width at the setback line shall be one-hundred (100) feet.

111-6.7 Yard Regulations. For permitted uses the minimum side yard
shall be fifteen (15) feet.

111-6.8 Height Regulations. Buildings may be erected to a height
of 35 feet and two and one-half (2 1/2) stories, except that:

B. Accessory buildings shall be limited to two (2) stories in
height and any accessory building over one (1) story in height
shall be at least ten (10) feet from any lot line.

111-6.9 Access. Each building shall front on a dedicated public
street or a thirty-four (34) foot minimum width access easement.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

111-7 Chesapeake Bay Preservation Area Overlay District, CBPA

GENERAL PROVISIONS

111-7.1 Title. This district shall be known and referenced as the
"Chesapeake Bay Preservation Area Overlay District" of the Town of
Belle Haven, Virginia.

111-7.2 Findings of Fact. The Chesapeake Bay and its tributaries
constitute one of the most important and productive estuarine
systems in the world, providing economic and social benefits to the
citizens of the Town of Belle Haven and the Commonwealth of
Virginia. The health of the Bay is vital to maintaining the Town
of Belle Haven's economy and the welfare of its citizens.

The Chesapeake Bay waters have been degraded significantly by
many sources of pollution, including nonpoint source pollution from
land uses and development. Existing high quality waters are worthy
of protection from degradation to guard against further pollution.
Certain lands that are proximate to shorelines have intrinsic water
quality value due to the ecological and biological processes they
perform. other lands have severe development constraints from
flooding, erosion, and soil limitations. With proper management,
they offer- significant ecological benefits by providing water
quality maintenance and pollution control, as well as flood and
shoreline erosion control. These lands together, designated by the
Belle Haven Town Council as Chesapeake Bay Preservation Areas
(hereinafter 11CBPAs11) , which include Resource Protection Areas
(hereinafter 'IRPAs") and Resource Management Areas (hereinafter
'IRMAS"), need to be protected from destruction and damage in order
to protect the quality of water in the Bay and consequently the
quality of life in the Town of Belle Haven and the Commonwealth of
Virginia.

111-7.3 Authority. This Article is enacted under the authority of
Section 10-.1-2100 et sea. (The Chesapeake Bay Preservation Act) and
Section 15.1-489, of the Code of Virginia. Section 15.1-489 states
that zoning ordinances may "also include reasonable provisions,
not inconsistent with applicable state water quality standards, to
protect surface water and groundwater as defined in Section 62.1-
44.85 (8).-1

111-7.4 Conflict with Other Regulations. In any case where the
requirements of this Article conflict with any other provision of
the Town of Belle Haven Code or existing state or federal
regulations, whichever imposes the more stringent restrictions
shall apply.

111-7.5 Definitions. The words and terms used in the Overlay
District I-lave the meanings which are defined in Article II,

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

Definitions, of the Town of Belle Haven Zoning ordinance, unless
the context clearly indicates otherwise.

TOWN OF BELLE RAVEN ZONING ORDINANCE - Adopted November 3, 1992

111-7.6 Purpose and Intent.

A. This ordinance is enacted to implement the requirements of
Section 10.1-2100 et seg. of the Code of Virginia (The Chesapeake
Bay Preservation Act) as part of the Town of Belle Haven Zoning
Ordinance. The intent of the Belle Haven Town Council and the
purpose of the overlay District is to: (1) protect existing high
quality state waters; (2) restore all other state waters to a
condition or quality that will permit all reasonable public uses
and will support the propagation and growth of ail aquatic life,
including game fish, which might reasonably be expected to inhabit
them; (3) safeguard the clean waters of the Commonwealth from
pollution; (4) prevent any increase in pollution; (5) reduce
existing pollution; and (6) promote water resource conservation in
order to provide for the health, safety, and welfare of the present
and future citizens of the Town of Belle Haven.

B. This district shall be in addition to and shall overlay all
other zoning districts where they are applied so that any parcel of
land lying in the Chesapeake Bay Preservation Area Overlay District
shall also lie in one or more of the other zoning districts
provided for by the Zoning Ordinance. Unless otherwise stated in
the Overlay District, the review and approval procedures provided
for in the Town of Belle Haven Zoning Ordinance Article XII, Plan
of Development Requirements, the Accomack County Erosion and
Sediment Control Ordinance, and the Accomack County Building Code,
including all grading permits and building permits, shall be
followed in reviewing and approving development, redevelopment, and
uses governed by this Article.

AREAS OF APPLICATION

111-7.7 Application of CBPA District.

A. The Chesapeake Bay Preservation Area Overlay District
shall apply to all lands identified as CBPAs as designated by the
Belle Haven Town Council and as shown on the Town of Belle Haven
Zoning Map as the Chesapeake Bay Preservation Area Overlay
District. The Chesapeake Bay Preservation Area Overlay District is
composed of a Resource Protection Area and a Resource Management
Area.

(1) Resource Protection Areas include the following land
categories, the protection of which is necessary to
protect the quality of state waters:

a. Tidal wetlands;

b. Nontidal wetlands connected by surface flow and
contiguous to tidal wetlands or tributary streams;

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

C. Tidal shores;

d. A 100-foot vegetated buffer area located adjacent
to and landward of the components listed in
subsections a. through c. above, and along both
sides of any tributary stream.

(2) Resource Management Areas are generally composed of the
following land categories: floodplains; highly erodible
soils, including steep slopes; highly permeable soils;
nontidal wetlands not included in the RPA; and hydric
soils.

B. The Town of Belle Haven Zoning Map shows the general
location of CBPAs and should be consulted by persons contemplating
activities within the Town of Belle Haven prior to engaging in a
regulated activity.

111-7.8 Interpretation of Resource Protection Area Boundaries.

A. Delineation by the Applicant.

The site-specific boundaries of the Resource Protection Area
shall ordinarily be determined by the applicant through the
performance of an environmental site assessment, subject to
approval by the Zoning Administrator and in accordance with Section
Article XII, Plan of Development Requirements, of this Zoning
ordinance.

B. Delineation by the Zoning Administrator.

The Zoning Administrator, when requested by an applicant
wishing to construct a single family residence, may waive the
requirement for an environmental site assessment and perform the
delineation. The Zoning Administrator may use remote sensing,
hydrology, soils, plant species, and other data, and consult other
appropriate resources as needed to perform the delineation.

C. Where Conflict Arises Over Delineation.

Where the applicant has provided a site-specific delineation
of the RPA, the Zoning Administrator will verify the accuracy of
the boundary delineation. In determining the site-specific RPA
boundary, the Zoning Administrator may render adjustments to the
applicant's boundary delineation, in accordance with Article XII,
Plan of Development Requirements, of the Town of Belle Haven Zoning
Ordinance. In the event the adjusted boundary delineation is
contested by the applicant, the applicant may seek relief, in
accordance with the provisions of Section XII-4.D, Appeals.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

111.7.9 Use Regulations.

Permitted uses, special permit uses, accessory uses, and
special requirements shall be- as established by the underlying
zoning district, unless specifically modified by the requirements
set forth herein.

111-7.10 Lot Size.

Lot size shall be subject to the requirements of the
underlying zoning district (s) , provided that any lot shall have
sufficient area outside the RPA to accommodate an intended
development, in accordance with the performance standards in
Section 111-7.12, Performance Standards, when such development is
not otherwise allowed in the RPA.

111-7.11. Reguired Conditions.

A. Development in RPAs may be allowed only if it: (i) is
water -dependent; or (ii) constitutes redevelopment. A new or
expanded water-dependent facility may be allowed provided that:

1. It does not conflict with the Belle Haven Town Plan;

2. It complies with the performance criteria set forth in
Section 111-7.12 of this Article;

3. Any non-water-dependent component is located outside of
Resource Protection Areas;

4. Access will be provided with the minimum disturbance
necessary. Where possible, a single point of access will be
provided.

B. A water quality impact assessment shall be required for
any proposed development or redevelopment within RPAs and for any
development within RMAs when required by the Zoning Administrator
because of the unique characteristics of the site or intensity of
development, in accordance with the provisions of Section 111-7.13,
Water Quality Impact Assessment, of this Article.

C. All development and redevelopment exceeding 2500 square
feet of land disturbance shall be subject to a plan of development
process, in accordance with Article XII, Plan of Development
Requirements, of this Zoning Ordinance, including the approval of
a site plan in accordance with the provisions of Section XII-4,
Site Plan, of the Zoning Ordinance or a subdivision plat in

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

accordance with Article III of the Land Subdivision and Development
Ordinance of the Town of Belle Haven.

111-7.12. Performance Standards.

A. Purpose and Intent.

The performance standards establish the means to minimize
erosion and sedimentation potential, reduce land application of
nutrients and toxics, and maximize rainwater infiltration. Natural
ground cover, especially woody vegetation, is most effective in
holding soil in place and preventing site erosion. Indigenous
vegetation, with its adaptability to local conditions without the
use of harmful fertilizers or pesticides, filters stormwater
runoff. Minimizing impervious cover enhances rainwater
infiltration and effectively reduces stormwater runoff potential.

The purpose and intent of these requirements are also to
implement the following objectives: prevent a net increase in
nonpoint source pollution from new development; achieve a 10%
reduction in nonpoint source pollution from redevelopment; and
achieve a 40% reduction in nonpoint source pollution from
agricultural uses.

B. General Performance Standards for Development and
Redevelopment.

(1) Land disturbance shall be limited to the area necessary
to provide for the desired use or development.

a. In accordance with an approved site plan, the
limits of land disturbance, including clearing or
grading shall be strictly defined by the
construction footprint. These limits shall be
clearly shown on submitted plans and physically
marked on the development site.

b. Impervious cover shall not exceed 60% of the site.

C. Ingress and egress during construction shall be
limited to one access point, unless otherwise
approved by the Zoning Administrator.

(2) Indigenous vegetation shall be preserved to the maximum
extent possible consistent with the use and development
permitted and in accordance with the Virginia Erosion and
Sediment Control Handbook.

a. Existing trees over six (6) inches diameter at
breast height (DBH) shall be preserved outside the

TOWN OF 13ELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

construction footprint. Diseased trees or trees
weakened by age, storm, fire, or other injury may
be removed.

b. Clearing shall be allowed only to provide necessary
access, positive site drainage, water quality BMPs,
and the installation of utilities, as approved by
the Zoning Administrator.

C. Prior to clearing or grading, suitable protective
barriers, such as safety fencing, shall be erected
5 feet outside of the dripline of any tree or stand
of trees to be preserved. These protective
barriers shall remain so erected throughout all
phases of construction. The storage of equipment,
materials, debris, or fill shall not be allowed
within the area protected by the barrier.

(3) Land development shall minimize impervious cover to
promote infiltration of stormwater into the ground
consistent with the use or development permitted.

a. Pervious material shall be used for any required
parking area, alley, or other low traffic driveway,
unless otherwise approved by the Zoning
Administrator.

b. Parking space size shall be 162 square feet.
Parking space width shall be nine (9) feet; parking
space length shall be 18 feet. Two-way drives
shall be a maximum of 22 feet in width.

(4) Notwithstanding any other provisions of this Article or
exceptions or exemptions thereto, any land disturbing
activity exceeding 2,500 square feet, including
construction of all single-family houses, septic tanks,
and drainfields, shall comply with the requirements of
the Accomack County Erosion and Sediment Control
ordinance.

(5) All on-site sewage disposal systems not requiring a
Virginia Pollutant Discharge Elimination System (VPDES)
permit shall be pumped out at least once every five
years, in accordance with the provisions of the Accomack
County Health Code.

(6) A reserve sewage disposal site with a capacity at least
equal to that of the primary sewage disposal site shall
be provided, in accordance with the Accomack County
Health Code. This requirement shall not apply to any lot
or parcel recorded prior to October 1, 1989 if such lot
or parcel is not sufficient in capacity to accommodate a

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

reserve sewage disposal site, as determined by the local
Health Department. Building or construction of any
impervious surface shall be prohibited on the area of all
sewage disposal sites or on an on-site sewage treatment
system which operates under a permit issued by the State
Water Control Board, until the structure is served by
public sewer.

(7) For any development or redevelopment, stormwater runoff
shall be controlled by the use of best management
practices that achieve the following:

a. For development, the post-development nonpoint
source pollution runoff load shall not exceed the
pre-development load, based on the calculated
average land cover condition of the subwatershed
area, as calculated by the Eastern Shore Soil and
Water Conservation District;

b. For redevelopment sites, the nonpoint source
pollution load shall be reduced by at least 10
percent. The Zoning Administrator may waive or
modify this requirement for redevelopment sites
that originally incorporated best management
practices for stormwater runoff quality control,
provided the following provisions are satisfied:

1. In no case may the post -deve 1 opment nonpoint
source pollution runoff load exceed the pre-
development load;

2. Runoff pollution loads must have been
calculated and the BMPs selected for the
expressed purpose of controlling nonpoint
source pollution;

3. If best management practices are structural,
evidence shall be provided that facilities are
currently in good working order and performing
at the design levels of service. The Zoning
Administrator may require a review of both the
original structural design and maintenance
plans to verify this provision. A new
maintenance agreement may be required to
ensure compliance with this Article.

C. For redevelopment, both the pre- and post-
development loadings shall be calculated by the
same procedures. However, where the design data is
available, the original post -deve 1 opment nonpoint
source pollution loadings can be substituted for
the existing development loadings.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

(8) Prior to initiating grading or other on-site activities
on any portion of a lot or parcel, all wetlands permits
required by federal, state, and local laws and
regulations shall be obtained and evidence of such
submitted to the Zoning Administrator, in accordance with
Article XII, Plan of Development Requirements, of this
Zoning Ordinance.

(9) Land upon which agricultural activities are being
conducted shall have a soil and water quality
conservation plan. Such plan shall be based upon the
Field Office Technical Guide of the U.S. Department of
Agriculture Soil Conservation Service and accomplish
water quality protection consistent with this ordinance.
Such a plan shall be approved by the local Soil and Water
Conservation District by January 1, 1995.

C. Buffer Area Requirements.

To minimize the adverse effects of human activities on the
other components of Resource Protection Areas, state waters, and
aquatic life, a 100-foot buffer area of vegetation that is
effective in retarding runoff, preventing erosion, and filtering
nonpoint source pollution from runoff shall be retained if present
and established where it does not exist.

The buffer area shall be located adjacent to and landward of
other RPA components and along both sides of any tributary stream.
The full buffer area shall be designated as the landward component
of the RPA, in accordance with Section 111-7.7, Application of CBPA
District, and Article XII, Plan of Development Requirements, of
this Zoning Ordinance.

The 100-foot buffer area shall be deemed to achieve a 75
percent reduction of sediments and a 40 percent reduction of
nutrients. A combination of a buffer area not less than 50 feet in
width and appropriate best management practices located landward of
the buffer area which collectively achieve water quality
protection, pollutant removal, and water resource conservation at
least the equivalent of the full 100-foot buffer area may be
employed in lieu of the 100-foot buffer if approved by the Zoning
Administrator after consideration of the Water Quality Impact
Assessment, in accordance with Section 111-7.13 of this Article.

The buffer area shall be maintained to meet the following
additional performance standards:

(1) In order to maintain the functional value of the buffer
area, indigenous vegetation may be removed only to
provide for reasonable sight lines, access paths, general

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

woodlot management, and best management practices, as
follows:

a. Trees may be pruned or removed as necessary to
provide for sight lines and vistas, provided that
where removed, they shall be replaced with other
vegetation that is equally effective in retarding
runoff, preventing erosion, and filtering nonpoint
source pollution from runoff.

b. Any path shall be constructed and surfaced so as to
effectively control erosion.

C. Dead, diseased, or dying trees or shrubbery may be
removed at the discretion of the landowner, and
silvicultural thinning may be conducted based upon
the best available technical information, which can
be obtained from the local State Forester and
County Extension Office.

d. For shoreline erosion control projects, trees and
woody vegetation may be removed, necessary control
techniques employed, and appropriate vegetation
established to protect or stabilize the shoreline
in accordance with the best available technical
advice and applicable permit conditions or
requirements.

(2) When the application of the buffer areas would result in
the loss of a buildable area on a lot or parcel recorded
prior to October 1, 1989, the Zoning Administrator may
modify the width of the buffer area in accordance with
Article XII, Plan of Development Requirements, and the
following criteria:

a. Modifications to the buffer areas shall be the
minimum necessary to achieve a reasonable buildable
area for a principal structure and necessary
utilities;

b. Where possible, an area equal to the area
encroaching the buffer area shall be established
elsewhere on the lot or parcel in a way to maximize
water quality protection; and

C. In no case shall the reduced portion of the buffer
area be less than 50 feet in width.

(3) On agricultural lands the agricultural buffer area shall
be managed to prevent concentrated flows of surface water
from breaching the buffer area and noxious weeds from

TOWN OF BELLE HAVEN ZONING ORDINRNCE - Rdopted November 3, 1992

invading the buffer area. The agricultural buffer area
may be reduced as follows:

a. To a minimum width of 50 feet when the adjacent
land is implementing a federal, state, or locally-
funded agricultural best management practices
program, provided that the combination of the
reduced buffer area and the best management
practices achieve water quality protection,
pollutant removal, and water resource conservation
at least the equivalent of the 100 foot buffer
area;

b. To a minimum width of 25 feet when a soil and water
quality conservation plan, as approved by the local
Soil and Water Conservation District, has been
implemented on the adjacent land. Such plan shall
be based upon the Field Office Technical Guide of
the U.S. Department of Agriculture soil
Conservation Service and accomplish water quality
protection consistent with this Article.

C. The buffer area is not required for agricultural
drainage ditches which appear as perennial streams
on USGS topographic maps if the adjacent
agricultural land has in place best management
practices in accordance with a conservation plan
approved by the local Soil and Water Conservation
District.

111-7.13. Water Ouality Impact Assessment.

A. Purpose and Intent.

The purpose of the water quality impact assessment is to
identify the impacts of proposed development on water quality and
lands within Resource Protection Areas and other environmentally
sensitive lands; ensure that, where development does take place
within Resource Protection Areas and other sensitive lands, it will
be located on those portions of a site and in a manner that will be
least disruptive to the natural functions of Resource Protection
Areas and other sensitive lands; to protect individuals from
investing funds for improvements proposed for location on lands
unsuited for such development because of high ground water,
erosion, or vulnerability to flood and storm damage; and specify
mitigation. which will address water quality protection.

B. Water Quality Impact Assessment Required.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

A water quality impact assessment, to be submitted during the
plot plan, site plan and/or subdivision review process, is required
for: (1) Any proposed development or redevelopment within a
Resource Protection Area, including any buffer area
modification or reduction as provided for in Section III-
7.12.C of this Article.

(2) Any proposed development or redevelopment within an RMA.
The Zoning Administrator may waive this requirement when
it is apparent that the unique characteristics of the
site (such as the topography, soils, groundcover,
location of wetlands and tidal shores) will prevent the
proposed development from causing a degradation of water
quality.

C. Contents of a Water Quality Impact Assessment.

The water quality impact assessment shall be of sufficient
specificity to demonstrate compliance with this Article. The
information required in this section shall be considered a minimum,
the Zoning Administrator may determine that additional information
is necessary due to the nature and scope of the proposed use and
development of land. The impact statement shall be prepared by
qualified persons acting within the limits of their professional
expertise and license, and shall include the following:

(1) Location of the components of the RPA, including the one
hundred (100) foot RPA buffer.

(2) Location and nature of any proposed encroachments into
the RPA buffer area including the type of paving
material; areas of clearing or grading; and the location
of any structures, driveways and other impervious cover.

(3) Type and location of proposed stormwater management
facilities and best management practices necessary to
comply with performance standards for stormwater
management contained in Section III-7.12.B(7).

(4) Calculation of pre- and post-development pollutant
loading in accordance with Section III-7.12.B(7).

(5) Identification and status of any required wetlands
permits from@federal, state or local agencies.

(6) An erosion and sediment control plan in accordance with
the requirements of Accomack County's Erosion and
Sediment Control Ordinance.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

(7) A narrative describing the site; the impacts of the
proposed development on topography, soils, hydrology and
geology; and the measures taken to mitigate nonpoint
source pollution.

D. Evaluation Procedure.

(1) Upon the completed review of a water quality impact
assessment, the Zoning Administrator will determine if
any proposed modification or reduction to the buffer area
is consistent with the purpose and intent of this Article
or if the proposed development is consistent with the
purpose and intent of this Article. The Zoning
Administrator will make a finding based on the following
criteria in conjunction with Article XII:

a. The necessity of the proposed encroachment into the
buffer area and the ability to place improvements
elsewhere on the site to avoid disturbance of the
buffer area:

b. Within any RPA, the proposed development is water-
dependent;

C. The disturbance of wetlands will be minimized;

d. Impervious surface is minimized;

e. The development, as proposed, meets the purpose and
intent of this Article;

f. Proposed erosion and sediment control devices are
adequate to achieve the reductions in runoff and
prevent off-site sedimentation;

9- Proposed stormwater management facilities and
practices are adequate to control the stormwater
runoff to achieve the required standard for
pollutant control;

h. The development will not result in unnecessary
destruction of plant materials on site;

i. The cumulative impact of the proposed development,
when considered in relation to other development in
the vicinity, both existing and proposed, will not
result in a significant degradation of water
quality.

(2) The Zoning Administrator may request review of the water
quality impact assessment by the Chesapeake Bay Local
Assistance Department (CBLAD) Any comments by CBLAD

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

will be considered by the Planning Commission provided
that such comments are provided by CBLAD within thirty
(30) days of the request.

ADMINISTRATION AND ENFORCEMENT

111-7.14 Exemptions.

A. Exemptions for Utilities, Railroads, and Public Roads.

Construction, installation, operation, and maintenance of
electric, gas, and telephone transmission lines, railroads, and
public roads and their appurtenant structures, including sidewalks
and lighting, in accordance with (i) regulations promulgated
pursuant to the Erosion and Sediment Control Law (Section 10.1-560
et seq. of the Code of Virginia) and the Stormwater Management Act
(Section 10.1-603.1 et seq. of the Code of Virginia), (ii) an
erosion and sediment control plan and a stormwater management plan
approved by the Virginia Departmentof Conservation and Recreation,
or (iii) local water quality protection criteria at least as
stringent as the above state requirements will be exempt from the
Overlay District requirements. The exemption of public roads is
further conditioned on the following:

a. Optimization of the road alignment and design,
consistent with other applicable requirements, to prevent
or otherwise minimize (i) encroachment in the Resource
Protection Area and (ii) adverse effects on water
quality;

b. Public roads as defined in Section II of this
article are exempt from Overlay District requirements.

B. Construction, installation, and maintenance of water,
sewer, and local gas lines shall be exempt from the Overlay
District provided that:

a. To the degree possible, the location of such
utilities and facilities shall be outside RPAs;

b. No more land shall be disturbed than is necessary
to provide for the desired utility installation;

C. All construction, installation, and maintenance of
such utilities and facilities shall be in
compliance with all applicable state and federal
requirements and permits and designed and conducted
in a manner that protects water quality; and

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

d. Any land disturbance exceeding an area of 2, 500
square feet complies with all local erosion and
sediment control requirements.

C. Exemptions for Silvicultural Activities.

Silvicultural activities are exempt from the requirements of
this Article provided that silvicultural operations adhere to water
quality protection procedures prescribed by the Department of
Forestry in its "Best Management Practices Handbook for Forestry
Operations."

D. Exemptions in Resource Protection Areas.

The following land disturbances in Resource Protection Areas
may be exempted from the Overlay District: (i) water wells; (ii)
passive recreation facilities such as boardwalks, trails, and
pathways; and (iii) historic preservation and archaeological
activities, provided that it is demonstrated to the satisfaction of
the Zoning Administrator that:

(1) Any required permits, except those to which this
exemption specifically applies, shall have been issued;
(2) Sufficient and reasonable proof is submitted that the
intended use will not deteriorate water quality;

(3) The intended use does not conflict with nearby planned or
approved uses; and

(4) Any land disturbance exceeding an area of 2500 square
feet shall comply with all local erosion and sediment
control requirements.

111-7.15 -Exceptions.

A. A request for an exception to the requirements of this
Overlay District shall be made in writing to the Zoning
Administrator. It shall identify the impacts of the proposed
exception ion water quality and on lands within the RPA through the
performance of a water quality impact assessment which complies
with the provisions of Section 111-7.13.

B. The Zoning Administrator shall review the request for an
exception and the water quality impact assessment and may grant the
exception with such conditions and safeguards as deemed necessary
to further the purpose and intent of this Article if the Zoning
Administrator finds:

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

(1) Granting the exception will not confer upon the applicant
any special privileges that are denied by this Article to
other property owners in the Overlay District;

(2) The exception request is not based upon conditions or
circumstances that are self-created or self-imposed, nor
does the request .arise from conditions or circumstances
either permitted or non-conforming that are related to
adjacent parcels;

(3) The exception request is the minimum necessary to afford
relief;

(4) The exception request will be in harmony with the purpose
and intent of the Overlay District, and not injurious to
the neighborhood or otherwise detrimental to the public
welfare; and

(5) Reasonable and appropriate conditions are imposed which
will prevent the exception request from causing a
degradation of water quality.

C. If the Zoning Administrator cannot make the required
findings or refuses to grant the exception, the Zoning
Administrator shall return the request for an exception together
with the water quality impact assessment and the written findings
and rationale for the decision to the applicant, with a copy to the
Board of Zoning Appeals. The applicant may then apply to the Board
of Zoning Appeals for a variance as provided in Article IX,
Provisions for Appeal.

D. The Board of Zoning Appeals shall consider the water
quality impact assessment and the findings and rationale of the
Zoning Administrator in determining consistency with the purpose
and intent of this Article.

TOWN OF ]BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

Article IV - Sign Regulations

IV-1 Statement of Purpose. The following sign regulations are
established to assure compatibility of signs with surrounding land
usage, to enhance the economy of the Town, to protect the public
investment in streets and highways, to promote the safety and
recreational value of public travel, to preserve natural beauty and
to promote the reasonable, orderly and effective display of outdoor
advertising.

IV-2 Advertising Outdoors Regulated. No person except a public
officer or employee in performance of a public duty, shall paste,
post, paint, print, nail, tack, erect, place, maintain, or fasten
any sign, pennant, flags, outdoor advertising signs, billboard, or
notice of any kind, or cause the same to be done, facing or visible
from any public street or public open space, except as provided
herein.

IV-3 Signs and Flags Permitted by Right in any District.

IV-3.1. Memorial tablets or signs.

IV-3.2. Signs required to be maintained by law or governmental
order, rule, or regulation, with a total surface area not
exceeding ten (10) square feet on any lot or parcel.

IV-3.3. Signs which are within a ball park or other similar
private recreational use and which cannot be seen from a
public street or adjacent properties.

IV-3.4. Flags or emblems of civic, governmental, philanthropic,
educational, or religious organizations, and corporate
designed flags.

IV-3.5. Signs displayed for the direction or convenience of the
public, including signs which identify rest rooms,
location of public telephones, freight entrances, no
trespassing and posted signs, or the like not exceeding
a total area of eight (8) square feet per sign.

IV-3.6. Signs placed by a public utility showing the location of
underground facilities.

IV-3.7. Church bulletin board and identification signs with a
total surface area not exceeding twenty (20) square feet
per sign.

IV-3.8. Home occupation signs with a total surface area not
exceeding one (1) square foot per sign.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

IV-3.9. Up to four (4) signs, not to exceed four (4) square feet,
advertising the sale or rent of the specific premises
where the sign is located.

IV-3.10. Signs or a combination of letters may be attached to a
building or structure, where business is conducted on the
premises, for the purpose of advertising and displaying
the name, address, and/or a business slogan, of the
specific business.

IV-3.11. Signs advertising only the price of a product provided
the sign is attached to a permanent structure on the
specific premises where the business is located. These
signs shall be limited to the B-1 District.

IV-3.12. In any district, except in Residential Districts, one (1)
of the following business signs options shall be
permitted by right only on the specific premises where
the business is located, subject to other applicable
provisions of this Article.

A. One (1) sign which shall not exceed thirty-two (32)
square feet.

B. Two (2) signs which shall not exceed sixteen (16)
square feet.

All signs shall be of balanced proportions and symmetrical in
shape. All signs and the surrounding area shall be maintained in
a neat and orderly manner.

IV-4 Height Regulations. Signs shall not exceed a height of 20
feet above ground level or the street to which it is oriented,
whichever is higher.

IV-5 General Regulations.

IV-5.1. Except for authorized traffic signs, no sign shall be
erected at the intersection of any streets in such a
manner as to create a traffic hazard by obstructing
vision between heights of two and one-half (2 1/2) and
eight (8) feet; or at any location where it may interfere
with' obstruct the view of, or be confused with any
authorized traffic sign.

IV-5-2. No sign will be erected which imitates or resembles any
official traffic sign, signal or device or uses the words
"Stop" or "Danger" prominently displayed or presents or
implies the need or requirement of stopping or the
existence of danger on any highway.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

IV-5.3. No sign will be erected which advertises any activities
which are illegal under State or Federal law or
regulations in effect at the location of such sign or at
the location of such activities.

IV-5.4.. No sign will be erected which is inconsistent with State
law or the provisions of this ordinance.

IV-5.5. No sign will be erected which involves noise, motion or
rotation of any part of the structure or displays
intermittent or flashing lights, without a Special Use
Permit from the governing body.

IV-5.6. No sign will be erected which is mobile. Except f or
signs attached to buildings or permanent structures and
those permitted in Sections IV-3.10 and IV-3.12 all other
signs of whatever type or size permitted in this
ordinance shall be permanently anchored in concrete or
permanently attached to piling or posts firmly embedded
in the ground. All wheels and other portable structural
equipment shall be removed from the structure.

IV-6 Nonconforming Signs. Any sign lawfully in existence at the
time of the effective date of this ordinance may be maintained
although it does not conform with the provisions of this ordinance.
Such nonconforming signs shall comply in all respects with the
requirements of Article VI relating to nonconforming uses.

If such nonconforming sign is destroyed, demolished, or removed due
to any reason, it shall not be replaced without complying with all
provisions of Article IV.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

Article V - Off-Street Parking

V-1 Statement of Intent. The schedule below shall control the
provision of parking spaces in the various Town zoning districts.
The purpose of off-street parking provisions is to insure adequate
access to any part of the Town by fire and emergency medical
services, and to promote the economic well-being of the Town by
creating a pleasant shopping climate.

V-2 Schedule of Off-Street Parking.

Districts Off-Street Parking Requirements

R-1 Two (2) parking spaces per dwelling unit.

R-2 Two (2) parking spaces per dwelling unit.

B-1 One (1) parking space for each two
hundred (200) square feet of gross floor
area or fraction thereof.-

V-3 Special Uses. The following uses are controlled separately
from the above district-wide off-street parking regulations.

V-3.1. For churches, high schools, college and university
auditoriums, and for theaters, general auditoriums,
stadiums and other similar places of assembly, at least
one (1) parking space for every five (5) fixed seats
provided in said building.

V 3.2. For hospitals, at least one (1) parking space for each
two (2) bed capacity, including infants' cribs and
children's beds.

V-3.3. For medical and dental offices, at least ten (10) parking
spaces. Three (3) additional parking spaces shall be
furnished for each doctor or dentist in such offices in
excess of three doctors or dentists.-

V-3.4. For fraternal lodges, hunting clubs, golf courses, yacht
clubs, country clubs, and marinas, at least twenty-five
(25) parking spaces shall be provided. Additional
parking may be required by the Zoning Administrator.

V-3.5. For post offices at least one (1) for each fifty (50) box
holders but not less than ten (10) spaces.

V-3.6. For restaurants at least one --(l) parking space per table
or booth plus six (6) for employees.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

Article VI - Nonconforming Uses

VI-1 Continuation.

VI-1*1, If at the time of enactment of this ordinance, any legal
activity is being pursued, or any lot or structure is
being legally utilized in a manner or for the purpose
which does not conform to the provisions of this
ordinance, such manner of use or purpose may be continued
as herein provided.

VI-1.2. If any change in title of possession or renewal- of a
lease of any such lot or structure occurs, the use
existing may be continued.

VI-1.3. If any nonconforming use (structure or activity) is
discontinued for a period exceeding two (2) years after
the enactment of this ordinance, it shall be deemed aban-
doned and any subsequent use shall conform to the
requirements of this ordinance.

VI-1.4. Temporary seasonal nonconforming uses that have been in
continual operation for a period of two (2) years or more
prior to the effective date of this ordinance are
excluded.

VI-1.5. Uses which were allowed as a use by right which under
revisions now require a special use permit are to be
considered uses of right. However, any new use would
require a special use permit.

VI-2 Procedure.

VI-2.1. An application for a nonconforming use and development
waiver shall be made to and upon forms furnished by the
Zoning Administrator and shall include for the purpose of
proper enforcement of this Article, the following
information:

a. Name and address of applicant and property owner;

b. Legal description of the property and type of
proposed use and development;

C. A sketch of the dimensions of the lot or parcel,
location of buildings and proposed additions
relative to the lot lines, and boundary of the
Resource Protection Area for any lot or parcel
located within a Chesapeake Bay Preservation Area;

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

d. Location and description of any existing private
water supply or sewage system.

VI-2.2. A nonconforming use and development waiver shall become
null and void twelve months from the date issued if no
substantial work has commenced.

VI-3 Repairs and Maintenance. On any building devoted in whole or
in part to any nonconforming use, work may be done in any period of
twelve (12) consecutive months on ordinary repairs or on repair or
replacement of non-bearing walls, fixtures, wiring, or plumbing, to
an extent not exceeding ten (10) percent of the current replacement
value of the structure provided that the cubic content of the
structure as it existed at the time of passage or amendment of this
ordinance shall not be increased. Nothing in this ordinance shall
be deemed to prevent the strengthening or restoring to safe
condition of any structure or part thereof declared to be unsafe by
any official charged with protecting the public safety, upon order
of such official.

VI-4 Expansion or Enlargement.

VI-4.1. A nonconforming structure to be extended or enlarged
shall conform with the provision of this ordinance.

VI-4.2. A nonconforming activity may be extended throughout any
part of a structure which was arranged or designed for
such activity at the time of enactment of this ordinance.

VI-4.3. The Zoning Administrator may grant a nonconforming use
and development waiver for structures on legal
nonconforming lots or parcels in Chesapeake Bay
Preservation Areas to provide for remodeling and
alterations or additions to such nonconforming structures
provided that:

a. There will be no increase in nonpoint source
pollutionload;

b. Any devel opment or land disturbance exceeding an
area of 2500 square feet complies with all erosion
and sediment control requirements in Article III of
this ordinance.

C. Encroachment into the required buffer area will be
the minimum necessary.

VI-5 Restoration or Renlacement.

VI-5.1. If a nonconforming activity is destroyed or damaged in
any manner to the extent that the cost of restoration to
its condition before the occurrence shall exceed fifty

TOWN OF BELLE HAVEN ZONIVG ORDINANCE - Adopted November 3, 1992

percent (50%) of the cost of reconstructing the entire
activity or structure, it shall be restored only if such
use complies with the requirements of this ordinance.

VI-5.2. If a nonconforming structure is destroyed or damaged in
any manner to the extent that the cost of restoration to
its condition before the occurrence shall exceed
seventy-five percent (75%) of the cost of reconstructing
the entire structure, it shall be restored only if it
complies with the requirements of this ordinance.

VI-5.3. When a conforming structure devoted to a nonconforming
activity is damaged less than fifty percent (50%) of the
cost of reconstructing the entire structure, or where a
nonconforming structure is damaged less than seventy-five
percent (75%) of the cost of reconstructing the entire
structure, either may be repaired or restored, provided
any such repair or restoration is started within twelve
(12) months and completed within eighteen (18) months
from the date of partial destruction.

VI-5.4. The cost of land or any factors other than the cost of
the structure are excluded in the determination of cost
of restoration for any structure or activity devoted to
a nonconforming use.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

Article VII Administration and Enforcement

VII-1 Zoning Permits. No use of any real property within the
corporate limits of the Town of Belle Haven shall take place nor
shall any construction or excavation or grading therefor commence
prior to the issuance of a zoning permit therefor by the Zoning
Administrator. The zoning permit shall state that the proposed
construction, use, or other activity is in accord with all
provisions of this Zoning Ordinance. The Zoning Administrator may
promulgate rules determining what information shall accompany each
application for a permit herein.

VII-2 Commission Permits. No street, park or other public area, or
public structure, or public utility, public building or public
service corporation, whether publicly or privately owned, shall be
constructed, established or authorized, unless and until the
general location or approximate location, character, and extent
thereof has been submitted to and approved by the Planning
Commission as being substantially in accord with the adopted
Comprehensive Plan or part thereof. In connection with any such
determination the Commission may, and at the direction of the
Council shall, hold a public hearing, after notice as required by
15.1 - 431 of the Code of Virginia.

VII-3 Zoning Administrator. This ordinance shall be administered
by the Zoning Administrator who shall be appointed by the Town
Council and shall be assisted by such other persons as the Town
Council may direct. The Zoning Administrator shall have -all
necessary authority to administer and enforce the provisions of
this ordinance.

Along with his deputies and inspectors, the Zoning Administrator is
hereby empowered to enter and go upon any private or public
property in the Town for the purpose of inspecting for compliance
with this ordinance and of administration and enforcement hereof,
provided that any and all such entries shall be in accordance with
the general requirements of due process and nothing herein shall
authorize or purport to authorize any unlawful search or seizure.

V11-4 Violations and Penalties. Any person who violates any
provision of this ordinance or any amendment- thereto, or who fails
to perform any act required hereunder or does any prohibited act,
shall be guilty of a misdemeanor, and, upon conviction thereof,
shall be punished by a fine of not more than one hundred dollars
($100) or imprisonment in the county jail for not more than thirty
(30) days, or both, for each offense. Each and every day on which
any violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as - such
hereunder. Any violation of this ordinance is hereby declared to
be a public nuisance per se and shall be enjoined to cease.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

Article VIII Special Use Permits

VIII-1 Statement of Intent. It is recognized in this ordinance
that certain uses are not necessarily incompatible with the uses
traditionally associated with standard zoning districts, if the
proper mitigating conditions are enacted along with the proposed
use. Therefore, such uses have been designated as special uses,
and have been included in Article III. Such uses are allowed in
the associated districts upon the issuance of a Special Use Permit
by the Belle Haven Town Council.

VIII-2 Procedure. An application for a special use permit may be
submitted by the property owner, contract owner, or optionee of the
property affected. Procedures for application and review shall be
as follows:

A. The applicant shall submit an application to the Zoning
Administrator. Such application shall be accompanied by
evidence that the specific criteria set forth in the ordinance
for the special use requested will be met. Accompanying maps
showing the site of the proposed use may be required.

B. The Zoning Administrator shall review the application, visit
the site, request additional information or review by other
agencies, and formulate a recommendation to the Town Planning
Commission.

C. The Zoning Administrator will transmit the collected
information and his recommendation to the Planning Commission.
The Planning Commission shall hold a public hearing in
accordance with Section 15.1-431 of the Code of Virginia, as
amended, within thirty days of receipt of the Zoning
Administrator's report. The Zoning Administrator's Report, a
summary of the Planning Commission public hearing, and a
recommendation from the Planning Commission, shall be
transmitted to the Town Council by the Town Council's first
meeting after the date public hearing is held.

D. The Town Council shall hold a public hearing in accordance
with Section 15-1-431 of the Code of Virginia, in order to
receive public comment and to decide upon the Special Use
Permit application. Such public hearing shall be scheduled to
coincide with the regularly scheduled Town Council meeting
that most closely follows the Council's receipt of the special
Use Permit application. If the requirement for proper notice
for a public hearing makes such regularly scheduled Town
Council meeting impractical, the public hearing shall be
scheduled for the Town Council meeting one meeting hence from
the meeting most closely following receipt of the application
by the Town Council.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

VIII-3 Conditions and Bonds. The Town Council may impose
conditions, limitations, or other special requirements as it deems
necessary to protect the public health, safety, and general
welfare, such as, but not limited to, the following:

A. Abatement or restriction of noise, smoke, dust, vibration,
odors, wastes, or other elements that may affect surrounding
properties.

B. Establishment of setback, side, front, and rear yard
requirements necessary for orderly expansion and for
preventing traffic congestion.

C. Provision for adequate parking and ingress and egress to
public streets and roads necessary to prevent traffic
congestion.

D. Provision for adjoining property with a buffer or shield from
view of the proposed use and/or structure.

E. Establishment of a time limit for expiration after which the
permit shall no longer be valid or shall require renewal.

F. The Town Council may require a bond, in a reasonable amount
determined by the Council, to be payable to the Zoning
Administrator to insure compliance with the terms and
conditions of any special use permit.

G. After -due consideration, the Town Council shall make a
decision and promptly notify the applicant of its decision in
writing, along with a justification for denial or special
conditions.

VIII-4 Review Standards. The Zoning Administrator, Planning
Commission, and Town Council shall consider the following in
reviewing a special use application:

A. The proposed use and/or structure appears on the official
schedule of district regulations or elsewhere in this
ordinance.

B. The proposed use and/or structure complies with the
regulations governing individual special uses.

C. The proposed use and/or structure is consistent with the Town
Plan.

D. The proposed use and/or structure will not tend to change the
character and established pattern of development of the
district in which it will be located.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

E. The proposed use and/or structure, and accompanying parcel
development, are in harmony with the uses permitted by right
in the zoning district and with the intent of the zoning
district regulations and will not adversely affect the use of
neighboring property or impair the value thereof.

VIII-4 Effect of Approval.. The issuance of a special use permit
shall authorize the applicant to construct only such structure or
conduct only such uses as are specifically made part of the special
use permit. No deviations, expansion, or other changes whatsoever
shall be made from the term of the special use permit without the
express written consent of the Town Council.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

Article IX Provisions for Appeal

IX-1 Board of Zoning Appeals.

IX-1.1. A Board of Zoning Appeals, which shall consist of no more
than seven (7) and no less than five (5) residents of the Town but
shall always be an odd number, shall be appointed by the circuit
Court of Belle Havenk County according to the provisions of the
code of Virginia, Section 15.1-494. Members of the Board may
receive such compensation as may be authorized by the governing
body. Members shall be removable for cause by the appointing
authority upon written charges and after public hearing.
Appointments for vacancies occurring otherwise than by expiration
of term shall in all cases be for the unexpired term.

IX-1.2. The term of office shall be for five (5) years, except
that original appointments shall be made for such terms that the
term of one member shall expire each year. Members of the board
shall hold no other public office in the County or Town except that
one may be a member of the local planning commission.

IX-1.3. Any member of the board shall be disqualified to act upon
a matter before the board with respect to property in
which the member has a legal interest.

IX-1.4. The board shall choose annually its own chairman, vice-
chairman, and secretary. The vice-chairman shall act in
the absence of the chairman.

IX-2 Powers of the Board of Zoning Appeals. The Board of Zoning
Appeals shall have the following powers and duties:

IX-2.1. To hear and decide appeals from any order, requirements,
decision or determination made by an administrative
officer or Zoning Administrator in the administration or
enforcement of this ordinance or of any ordinance adopted
pursuant thereto.

IX-2.2. To authorize upon 'appeal in specific cases such variances
from the terms of the ordinance as will not be contrary
to the public interest, when, owing to special
conditions, a literal enforcement of the provisions will
result in unnecessary hardship; provided that the spirit
of the ordinance shall be observed and substantial
justice done, as follows:

When a property owner can show that his property was
acquired in good faith and where by reason of the
exceptional narrowness, shallowness, size or shape of
specific piece of property at the time of the effective
date of the ordinance or where by reason of exceptional

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

topographic conditions or other extraordinary situation
or condition of such piece of property, or of the use or
development of property immediately adjacent thereto, the
strict application of the terms of the ordinance would
effectively prohibit or unreasonably restrict the use of
the property or where the board is satisfied, upon the
evidence heard by it, that the granting of such variance
will alleviate a clearly demonstrable hardship
approaching confiscation, as distinguished from a special
privilege or convenience sought by the applicant,
provided that all variances shall be in harmony with the
intended spirit and purpose of the ordinance.

No such variance shall be authorized by the board unless
it finds:

1. That the strict application of the ordinance would
produce undue hardship; and

2. That such hardship is not shared generally by other
properties in the same zoning district and the same
vicinity; and

3. That the authorization of such variance will not be
of substantial detriment to adjacent property and
that the character of the district will not be
changed by the granting of the variance.

No such variance shall be authorized unless the board
finds that the condition or situation of the property
concerned or the intended use of the property is not of
so general or recurring a nature as to make reasonably
practicable the formulation of a general regulation to be
adopted as an amendment to the ordinance.

In authorizing a variance the board may impose such
conditions regarding the location, character and other
features of the.proposed structure for use as it may deem
necessary in --the public interest, and may require a
guarantee or bond to insure that the conditions imposed
are being.-and will continue to be complied with.

IX-2.3 Interpretation. The Board of Zoning Appeals shall have the
authority to hear and decide applications for interpretation of the
district map where there is any uncertainty as to the location of
a district boundary. After notice to the owners of the property
affected by any such question, and after public hearing with notice
as required by Section 15.1-431 of the Code of Virginia, the board
may interpret the map in such a way as to carry out the intent and
purpose of the ordinance for the particular section or district in
question. The Board shall not have the power to change

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

substantially the location of district boundaries as established by
ordinance.

IX-3 Applications for Variances. Applications for variances may be
made by any property owner, tenant, governmental official,
department, board or bureau. Such applications shall be made to
the Zoning Administrator in accordance with rules and regulations
adopted by the Board. The application and accompanying maps, plans
or other information shall be transmitted promptly to the secretary
of the Board who shall place the matter on the docket to be acted
upon by the Board. No such variances shall be authorized except
after notice and hearing as required by Section 15.1-431 of the
Code of Virginia. The Zoning Administrator shall also transmit a
copy of the application to the Planning Commission which may send
a recommendation to the Board or appear as a party at the hearing.

IX-4 Appeal to the Board of Zoning Appeals. An appeal to the board
may be taken by any person aggrieved or by any office, department,
board or bureau of the county or municipality affected by any
decision of the Zoning Administrator. Such appeal shall be taken
within thirty (30) days after the decision appealed from by filing
with the Zoning Administrator, and with the board, a notice of
appeal specifying the grounds thereof. The Zoning Administrator
shall forthwith transmit to the board all the papers constituting
the record upon which the action appealed was taken. An appeal
shall stay all proceedings in furtherance of the action appealed
from unless the Zoning Administrator certifies to the board that by
reason of facts stated in the certificate a stay would in his
opinion cause imminent peril to life or property, in which case
proceedings shall not be stayed otherwise, than by a restraining
order granted by the board or by a court of record, on application
and on notice to the Zoning Administrator and for good cause shown.
No such appeal shall be heard until after notice and hearing as
required by Section 15.1-431 of the Code of Virginia.

IX-4.1. Appeals shall be mailed to the Board of Zoning Appeals
c/o the Zoning Administrator, and a copy of the appeal
mailed to the secretary of the planning commission. A
third copy should be mailed to the individual official,
department or agency concerned, if any.

IX-5 Rules and Regul ations.

IX-5.1. The Board of Zoning Appeals shall adopt such rules and
regulations as it may consider necessary.

IX-5.2. The meeting of the board shall be held at the call of its
chairman or at such times as a quorum of the board may
determine.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

IX-5.3. The chairman, or, in his absence, the acting chairman,
may administer oaths and compel the attendance of
witnesses.

r
IX-5.4. Che board shall keep minutes of its proceedings, showing
the vote of each member upon each question, or if absent
or failing to vote, indicating such fact. It shall keep
records of its examination and other official actions,
all of which shall be immediately filed in the Town Hall
and shall be a public record.

IX-5.5. All meetings of the board shall be open to the public.

IX-5.6. A favorable vote of the majority of the board shall be
necessary to reverse any order, requirement, decision or
determination of any administrative official or to decide
in favor of the applicant on any matter upon which the
board is required to pass.

IX-6 Public Hearing. The board shall fix a reasonable time for the
hearing of an application or appeal, give public notice thereof as
well as due notice to the parties in interest and decide the same
within sixty (60) days. In exercising its powers, the Board may
reverse or affirm, wholly or partly, or may modify the order,
requirement, decision, or determination of an administrative
officer, or may decide in favor of the applicant on any matter upon
which it is required to pass under the ordinance or may effect any
variance from the ordinance. The board shall keep minutes of its
proceedings. and other official actions which shall be filed in the
Town Hall and shall be public record. The chairman of the board,
or in his absence the acting chairman, may administer oaths and
compel the attendance of witnesses.

IX-7 Decision of the Board of Zoning Appeals.

IX-7.1. Any person or persons jointly or severally aggrieved by
any decision of the Board of Zoning Appeals, or any
taxpayer or any.officer, department, board, or bureau of
the county or municipality, may present to the Circuit
Court of the county a petition specifying the grounds on
which aggrieved within thirty (30) days after the filing
of the decision in the Town Hall.

IX-7.2. Upon the presentation of such petition, the court shall
allow a writ of certiorari to review the decision of the
Board of Zoning Appeals and shall prescribe therein the
time within which a return thereto must be made and
served upon the relator's attorney, which shall not be
less than ten (10) days and may be extended by the
court.
The allowance of the writ shall not stay proceedings upon
the decision appealed from, but the court may, on

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

application, on notice to the Board and on due cause
shown, grant a restraining order.

IX-7.4. If, upon the hearing, it shall appear to the court that
testimony is necessary for the proper disposition of the
matter, it may take evidence or appoint a commissioner to
take such evidence as it may direct and report the same
to the court with his findings of fact and conclusions of
law, which shall constitute a part of the proceedings
upon which the determination of the court shall be made.
The court may reverse or affirm, wholly or partly, or may
modify the decision brought up for review.

IX-7.5. Costs shall not be allowed against the Board, unless it
shall appear to the court that it acted in bad faith or
with malice in making the decision from which appealed.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

Article X Amendments

X-2 General Provisions. The regulations, restrictions and
boundaries established in this ordinance may, from time to time, be
amended, supplemented, changed, modified, or repealed by the
governing body, provided:

X-1.1. The Planning Commission shall hold at least one (1)
public hearing on such proposed amendment after notice as
required by law, and may make appropriate changes in the
proposed amendment to the governing body together with
its recommendations and appropriate explanatory
materials. Such public hearing may be held jointly with
the governing body at its public hearing.

X-1.2. Before approving and adopting any amendment, the
governing body shall hold at least one (1) public hearing
thereon, pursuant to public notice as required by law
after which the governing body may make appropriate
changes or corrections in the proposed amendments;
provided, however, that no additional land may be zoned
to a different classification than was contained in the
public notice without an additional public hearing after
notice required by law. An affirmative vote of at least
a majority of the members of the governing body shall be
required to amend the zoning ordinance.

X-2 Effect of Repeal, Amendments, or Recodification of any Part of
this ordinance on prior Proceedings, Acts or Offenses. The repeal,
amendment or recodification of any part of this ordinance shall not
affect any act, or offense done or committed, or any penalty
incurred, or any right established, accrued or accruing on or
before the effective date of such repeal, amendment or
recodification, nor enlarge any such right or privilege, except as
specifically provided by such repeal, amendment or recodification.
Neither shall the repeal, amendment or recodification of any part
of this ordinance affect any proceeding, prosecution, suit or
action which may be pending, said prior laws being continued in
full force and effect for those purposes.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

Article XI - Zoning Guidelines

XI-1 Statement of Intent. In the process of considering the
rezoning of land it is the intent that in order to meet the test of
reasonableness and the test of like - land treated alike, the
following factors shall be considered before zoning for a
particular category:

A. Character of the area.

B. Land use and activities.

C. Suitability for proposed use.

D. Availability of public facilities.

E. Compliance with the Town of Belle Haven Comprehensive Plan.

XI-2.1 Supplemental Considerations and Regulations. Rapid
development of employment, residential and commercial facilities in
the Town of Belle Haven and the resulting impact on existing public
facilities, highways and other necessary public facilities and
services and natural resources could exceed the ability of the Town
to provide for such facilities. Therefore, under authority of
Article 5.2 of this ordinance and Section 15.1-491 of the Code of
Virginia, as amended, the Belle Haven Town Council may impose
conditions, including reasonable employment limitations, to ease
the effect of rezoning land on the general public and on the
natural resources of the Town.

XI-2.2 Conditions. In addition to the regulations herein provided
for the respective zoning districts, the Town Council may adopt as
a part of an amendment to the zoning map reasonable conditions
provided that said conditions shall have been proffered in writing
in advance to the public hearing on said amendment to the zoning
map by the applicant for rezoning and provided that said conditions
are accepted by the governing body as a condition to said amendment
of the zoning map. Such accepted conditions shall be recorded in
the records of the circuit court and run with the land until
changed as a result. of another rezoning approval or amended with
the approval of the land owners and governing body.

XI-3 Conditional Zoning Procedure

A. Upon the receipt by the Zoning Administrator of a rezoning
petition, it shall be reviewed by the Zoning Administrator in
accordance with the guidelines found in Section XII-1- The
Zoning Administrator shall prepare a report for presentation
to the Planning Commission. The report from the Zoning
Administrator shall contain a recommendation on the

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

reasonableness of the requested rezoning, with specific
reasons provided for the recommendation.

B. The Planning Commission, within thirty (30) days of receiving
the Zoning Administrator's report, shall consider the Zoning
Administrator's recommendations and discuss same with the
applicant. The applicant shall be advised of the possibility
of proffered conditions in a rezoning decision, which
conditions are not meant to change the character of a
fundamentally unsound rezoning, but are meant to be responsive
to Town growth pressures not specifically foreseen in the
existing district regulations.

C. The Planning Commission shall forward the report of the Zoning
Administrator, along with a report summarizing the content of
the Planning Commission public hearing, to the Town Council.

D. After the Town Council has received the reports from the
Zoning Administrator and the Planning commission, the
applicant for the rezoning under consideration may proffer a
set of conditions for consideration along with the rezoning.
Such a proffer shall be addressed to the Mayor of the Town of
Belle Haven.

E. The Town Council shall hold a public hearing on the requested
rezoning in accordance with 15.1-431 of the Code of Virginia,
as amended. The rezoning request and the proffered condition
shall- be considered at this time.

F. In the event that a request for rezoning is approved and the
proffered conditions accepted, these same conditions shall be
recorded in the Clerk of Circuit Court office as a lien on
such property involved in the rezoning petition and shall run
with the land until removed by the Town Council as a result of
an amendment to the original application or as a result of a
subsequent rezoning petition.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

ARTICLE XII - Plan of Development Requirements

XII-1 Statement of Intent.

This Article is enacted to ensure compliance with all
applicable ordinances and statutes, to promote innovative and
creative design, to enhance the Town of Belle Haven's traffic
circulation system by providing for the convenient and safe
movement of vehicles and pedestrians, to protect the economic value
of the natural environment from unwise and disorderly development,
to ensure the efficient use of land, and to promote high standards
in the layout, design, landscaping, and construction of
development.

XII-2 Application.

Any development or redevelopment exceeding 2,500 square feet
of land disturbance shall be accomplished through a plan of
development process prior to any clearing or grading of a site or
the issuance of any building permit, to assure compliance with all
applicable requirements of this Ordinance. The plan of development
process shall generally be satisfied by the approval of a site
plan, or a plot plan in the case of single-family dwellings and
accessory structures, and any additional plans or studies as
required by the Zoning Administrator.

XII-3 Plot Plans.

A plot plan for individual single-family dwellings or
accessory structures for single-family residences shall be
submitted to the Zoning Administrator for review and approval.
However, any encroachment into an RPA shall require an applicant to
prepare a site plan as outlined in Section XII-4 below, including
the submission of a Water Quality Impact Assessment, in accordance
with Article 111-7.13.

A. Required Information,.

At a minimum, the plot plan shall be drawn to scale and
contain the following information:

1. A boundary survey of the site drawn to scale or site drawing
showing the north arrow and property line boundaries and
distances.

2. Area of the lot/parcel.

3. Location, dimensions, and use of proposed and existing
structures including marine and temporary structures.
In the case of temporary structures, the date when the
structures will be removed must be indicated.

TOWN OF 'BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

4. Location of all building restriction lines, setbacks,
easements, covenant restrictions, and rights of way.

5. Dimensions and location of all existing and proposed
driveways, parking areas, or any other impervious surfaces.

6. Location of all existing and proposed septic tanks and
drainfield areas including reserve areas and the location of
all existing and proposed wells.

7. Limits of clearing and grading.

8. Specifications for the protection of existing trees and
vegetation during clearing, grading, and all phases of
construction.

9. Location of Resource Protection Area (RPA) boundary, as
specified in Article 111-7.8, and any additional required
buffer areas.

10. Location of all erosion and sediment control devices.

11. Amount of impervious surface proposed for the site.

B. Plot Plan Administration.

The Zoning Administrator shall review and approve or
disapprove plot plans in accordance with Sec. XII-4.C.

XII-4 Site Plan.

A. Procedures for Preparation.

1. Site plans or any portion thereof involving engineering,
architecture, landscape architecture, or land surveying shall
be respectively certified by an engineer, architect, landscape
architect, or land' surveyor duly authorized by the state to
practice as such.

2. Site plans shall be prepared to a scale of one inch equals
fifty feet (111 = *501) or larger. Site plans shall be
submitted in clearly legible blue or black line copies. The
size of each print shall be twenty-four (24) by thirty-six
(36) inches.

3. If the site plan is prepared on more than one sheet, match
lines shall clearly indicate where the several sheets join.

4. Five (5) copies of the site plan shall be filed with the
Zoning Administrator. The filing of the plan signed by the

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

applicant and his or her agent along with payment of any
required fees shall constitute the application for approval.

B. Required Information.

1. General information required.

a. The proposed title of the project and the names and
addresses of the professional(s) preparing the plan, the
owner or owners of record, and the applicant, if
different, and a signature panel for the Zoning
Administrator's approval.

b. North arrow, scale, and vicinity map.

C. The boundaries of the property by bearings and distances.

d. The present zoning and current use of the property and
all contiguous or abutting parcels.

e. Existing topography with a maximum contour interval of
two (2) feet; except where existing ground is on a slope
of less than two percent (2%), either one (1) foot
contours or spot elevations shall be provided where
necessary , but not more than fifty (50) feet apart.

f. Delineation of any Resource Protection Area boundary and
any required buffer areas.

9- All wetlands permits required by law.

2. Existing features.

a. The location, floor area, and height of all existing
buildings and structures, and their distances from all
property lines and from each other.

b. All existing ...streets, utilities, easements and
watercoursest and their names and widths.

C.. Existing natural land features, trees, water features and
all proposed changes to these features shall be indicated
on an "Environmental Site Assessment" (see Sec. XII-5).
Water features shall include ponds, streams, wetlands,
floodplains, drainage areas, and stormwater retention
areas.

3. Proposed improvements.

The location, dimension, size and height of the following when
proposed:

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

a. Buildings and structures, including number of floors,
distance between buildings and distance from all property
lines, floor area, and proposed general use for each
building. If single family detached or multi-family, the
number, size, and type of dwelling units shall be shown.

b. Streets, sidewalks, utilities and easements, their names
and widths.

C. All off-street parking and parking bays, loading spaces
and walkways indicating type of surfacing, size, angle of
stalls, width of aisles, and a specific schedule showing
the number of parking spaces provided and the number
required in accordance with this ordinance.

d. Public sanitary sewer system, public water mains and fire
hydrants.

e. Slopes, terraces, retaining walls, fencing and screening
within required yards, and any shoreline stabilization
structures.

f. Plans for collecting and depositing stormwater and method
of treatment of natural and artificial watercourses,
including a delineation of proposed limits of
floodplains, if any, as created or enlarged by proposed
development.

9. Finished grading by contours to be supplemented by
finished spot elevations.

h. Locations and acreage of all open spaces, required buffer
areas, and identification of areas for, and improvements
to, all recreational facilities.

i. Outdoor lighting within required yards.

j. Location and type of all proposed signage.

4. Environmental Site Assessment requirements. An environmental
site assessment, in accordance with Sec. XII-5 shall be
provided.

5. Erosion and sediment control requirements. Provisions for the
adequate control of erosion and sedimentation, as required in
Article III-7.12(B), shall be indicated on the site plan.
When necessary for clarity, this information will be indicated
on a separate sheet or sheets.

6. Stormwater management requirements. A stormwater management
plan shall contain maps, graphs, tables, narrative
descriptions, and citations to supporting references as

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

appropriate to communicate information required by Article
111-7.12 (B) . I

a. At a minimum, the stormwater management plan must contain
the following:

(1) Location and design of all planned stormwater
control devices.
(2) Procedures for implementing non-structural
stormwater control practices and techniques.
(3) Pre- and post-development nonpoint source pollutant
loadings with supporting documentation of all
utilized coefficients and calculations.
(4) For facilities, verification of structural
soundness, including a Professional Engineer or
Class IIIB Surveyor Certification.

b. Site specific facilities shall be designed for the
ultimate development of the contributing watershed based
on zoning and the Town comprehensive plan.

C. All engineering calculations must be performed in
accordance with procedures outlined in the current
edition of the Local Assistance Manual or any other good
engineering methods deemed appropriate by the Zoning
Administrator.

d. The plan shall establish a long-term schedule for
inspection and maintenance of stormwater management
facilities that includes all maintenance requirements and
persons responsible for performing maintenance. If the
designated maintenance responsibility is with a party
other than the Town of Belle Haven then a maintenance
agreement shall be executed between the responsible party
and the Town.

C. Review and Approval.

1. After the appropriate submission of a site plan, related
materials and fees, the Zoning Administrator will review the
site plan and related materials for completeness and
compliance with the. requirements of this Ordinance and all
other applicable regulations.

2. The Zoning Administrator will normally act upon the site plan
within twenty (20) working days, unless modification to the
plan or other circumstances require additional time. If the
plan is approved, the Zoning Administrator shall certify
thereon his or her approval and state the,conditions of such
approval, if any. If the plan is disapproved, the Zoning

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 199 2

Administrator shall indicate his or her disapproval and the
reasons therefor in writing to the applicant.

3. Clearing or grading, and construction may begin upon approval
of the site plan by the Zoning Administrator, payment of all
required plan fees, and acquisition of building permits. All
building and occupancy permits shall be issued in accordance
with approved site plans.

4. An a- proved site plan shall become null and void if no
p
significant work is done or development is made on the site
within twelve months after site plan approval.

D. Appeals.

If an application for site plan approval is denied, or if a
condition deemed unacceptable by the applicant is imposed, the
applicant may appeal the action to the Town Planning Commission.
The appeal must be submitted in writing and filed within thirty
(30) days of the date of notification of the decision being
appealed.

XII-5. Environmental Site Assessment.

An environmental site assessment shall be submitted as a
component of, and in conjunction with, site plan approval.
Landscaping plans shall be prepared and/or certified by design
professionals practicing within their areas of competence as
prescribed by the Code of Virginia.

A4 Contents of the Plan.

1. The environmental site assessment shall be drawn to scale and
clearly delineate the following environmental features:

a. Tidal wetlands;
b. Tidal shores;
C. Nontidal wetlands connected by surface flow and
contiguous to tidal wetlands or tributary streams;
d. A 100 foot buffer area located adjacent to and landward
of the components listed in subsections a. through c.
above, and along both sides of any tributary stream;
e. 100-year floodplain; and
f. Any additional water features..

2. The environmental site assessment shall clearly delineate the
location, size, and description of existing and proposed plant
material. All existing trees on the site six (6) inches or
greater DBH shall be shown on the environmental site
assessment. Where there are groups of trees, stands may be
outlined instead. The specific number of trees six (6) inches

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992_

or greater DBH to be preserved outside of the construction
footprint shall be indicated on the assessment. Trees to be
removed to create a desired construction footprint shall be
clearly delineated on the environmental site assessment.

3. Any required buffer area shall be clearly delineated on the
environmental site assessment. Within the buffer area, trees
to be removed for sight lines, vistas, access paths, and best
management practices, as provided for in this Ordinance, shall
be shown on the assessment. Vegetation required by this
Ordinance to replace any existing trees within the buffer area
shall be also be shown on the environmental site assessment.

4. Trees to be removed for shoreline stabilization projects and
any replacement vegetation required by this Ordinance shall be
shown on the environmental site assessment.

5. The assessment shall depict grade changes or other work
adjacent to trees which would affect them adversely.
Specifications shall be provided as to how grade, drainage,
and aeration would be maintained around trees to be preserved.

6. The environmental site assessment will include specifications
for the protection of existing trees during clearing, grading,
and all phases of construction.

B. Plant'Specifications.

1. All plant materials necessary to supplement the buffer area or
vegetated areas outside the construction footprint shall be
installed according to standard planting practices and
procedures.

2. All supplementary or replacement plant materials shall be
living and in a healthy condition.

3. Where areas to be preserved, as designated on an approved
environmental site assessment, are encroached, replacement of
existing trees and" other vegetation will be achieved at a
ratio of three (3) planted trees to one (1) removed.
Replacement trees shall be a minimum three and one-half (3.5)
inches DBH at the time of planting.

C. Maintenance.

1. The applicant shall be responsible for the maintenance and
replacement of all vegetation as may be required by the
provisions of this Ordinance.

2. In buffer areas and areas outside the construction footprint,
plant material shall be tended and maintained in a healthy

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

growing condition and free from refuse and debris. Unhealthy,
dying, or dead plant materials shall be replaced during the
next planting season, as required by the provisions of this
ordinance.

XII-6 Installation and Bonding Requirements.

1. Where buffer areas, landscaping, stormwater management
facilities or other specifications of an approved plan are
required, no certificate of occupancy shall be issued until
the installation of required plant materials or facilities is
completed, in accordance with the approved site plan.

2. When the occupancy of a structure is desired prior to the
completion of the required landscaping, stormwater management
facilities, or other specifications of an approved plan, a
certificate of occupancy may be issued only if the applicant
provides to the Town of Belle Haven a form of surety
satisfactory to the Zoning Administrator in amount equal to
the remaining plant materials, related materials, and
installation costs of the required landscaping or other
specifications and/or maintenance costs for any required
stormwater management facilities.

3. All required landscaping shall be installed and approved by
the first planting season following issuance of a certificate
of occupancy or the surety may be forfeited to the Town of
Belle Haven.

4. All required stormwater management facilities or other
specifications shall be installed and approved within 18
months of project commencement. Should the applicant fail,
after proper notice, to initiate, complete or maintain
appropriate actions required by the approved plan, the surety
may be forfeited to the Town of Belle Haven. The Town may
collect from the applicant the amount by which the reasonable
cost of required actions exceeds the amount of the surety
held.

5. After all required actions of the approved site plan have been
completed, the applicant must submit a written request for a
final inspection. If the requirements of the approved plan
have been completed to the satisfaction of the Zoning
Administrator, such unexpended or unobligated portion of the
surety held shall be refunded to the applicant or terminated
within 60 days following the receipt of the applicant's
request for final inspection. The Zoning Administrator may
require a certificate of substantial completion from a
Professional Engineer or Class III B Surveyor before making a
final inspection.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

XII-7 Minimum Standards and Improvements Reguired.

The following minimum standards and improvements, as
applicable, shall be required for any site requiring a site plan -
All improvements required by this Article shall be installed at the
cost of the developer.

1. All street and highway construction standards and geometric
design standards shall be in accordance with those specified
by the Virginia Department of Transportation (VDOT).

2. Cul-de-sacs shall be designed and constructed in accordance
with the street standards specified by VDOT, and may not be
construed or employed as a parking area.

3. Minimum utility easement width shall be twenty (20) feet
unless specifically reduced as specified by the Zoning
Administrator. Where multiple structures or pipes are
installed, the edge of the easement shall be five (5) feet
clear of the outside pipes. Where easements do not follow the
established lot lines, the nearest edge of any easement shall
be a minimum of five (5) feet from any building.

4. Sidewalks and pedestrian walkways shall be designed to enable
patrons and tenants to walk safely and conveniently from one
(1) building to another within the site and to adjacent sites.

5. All required screening shall be sufficiently dense or opaque
to screen development effectively from the adjacent
properties.

6. In order to preserve Town character, the natural environment
and to provide visual and noise buffering, the Zoning
Administrator may refuse to approve any site plan which
proposes the unnecessary destruction of trees and other
natural features. The Town may require assurance that the
developer has made reasonable effort in light of the proposed
development to preserve, replenish, and protect trees six (6)
inches DBH or larger, trees within required buffer areas, and
trees within setbacks and outside of any approved construction
footprint.

7. Adequate drainage for the disposition of storm and natural
waters both on and off-site shall be provided, in accordance
with Article III-7.12(B) of this Ordinance and the Accomack
County Erosion and Sediment Control Ordinance.

TOWN OF BELLE HAVEN ZONING ORDINANCE - Adopted November 3, 1992

XIII. Fee Schedule

Zoning Ordinance $ 5.00

Special Use Permit $35.00

variance $60.00

Rezoning $60.00

COASTAL SERVICES CTR LIBRARY

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