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                                                                                   FINAL PRODUCT@       FY'94 Task 52
                                                                                  A-NPDC Town Water Quality Protection Ordinance: Phase 11






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












                                  Town Zoning ordinance

                                            of

                            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           be enforced thereafter until repealed or amended.




































       r<







            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

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           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

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             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.


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             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.








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              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.




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            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.

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              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.



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            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.



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              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


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             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

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             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.


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            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

                                           12






               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

                                                13







             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.

                                             14






             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.



                                            15







            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.













                                            16






             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.








































                                            17







            TOWN OF BELLE HAVEN ZONING ORDINANCE   Adopted November 3, 1992





                                                                  Mapl

                                                            OWN OF BE!  HIAVEN
                                                                ZONING
























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



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



                                              ... ...... .







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





                                                                              zy

            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

                                            ...............       ...
                                             ...........
                                                                                         Amended November 28, 1995
                                             .... ........



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

                            oc";o

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


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

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



                             .....................
                                                                                                    ... ....... I
                                                                                        ...........
                                ..........             .........                            .............
                             ............                         .........
                                                 ....                                   .....     ..........
                    ........... ....    :.*.* ........
          . .... .... ........... ...
            .... ..........    ..................
                                ...........
                ..........                                                    ....... /*'
                   ............
                .........    ......
                .......................

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

                                            .....        .....

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


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




                                                                            /. ... ........
                                     .. ......                .......
                                                                                     ............
                                                                                 ..............
                                     ......      ......... ....
                                                . .................        .71

                                                                                A


                                            . . . ...... . . . . . . . . .
                                            . . . . . . . . . . . . . .
        Resource Protection Area            .. ......    . .......... .

                Tidal Wetlands


                Buffer Zone
                                                           .. ......                                            41
                                                              ..............  ;..A
                                                      ..........


                Resource Management Area







                                                             19







             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

                                              20






              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.

                                               21







            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.

















































                                             22






              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.

                                             23







             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.





                                              24






             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:

            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 on which the walls rest.             This
                  exception shall.not include commercial radio antennae.

                  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.





































                                             25







            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.



                                           26






              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:

             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 on which the walls rest.

             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.

















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            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

                                            28






               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:

              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 on which the walls rest.

              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.



















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            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,


                                            30






              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.


















































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             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;


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              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.


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            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


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              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

                                              35







              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

                                                36






              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.

                                             37







             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


                                             38






              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


                                              39







             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.




                                                40






               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.




                                                  41







             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

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              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



                                              43







            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:




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               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.





















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             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.



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             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.


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             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.






















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              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.


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            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;



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              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

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             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.




























                                             52






              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.


                                             53






            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.


                                            54






              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.




                                            55







           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.







































                                           56






               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

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             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


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              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.





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            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

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               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.




































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             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.













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               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



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             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.

















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               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.


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             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

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              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:


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               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

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              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


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            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

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              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

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                 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.


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             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.




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           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




































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