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                                      Town of Cheriton Zoning Ordinance - Adopted August 18, IM - Amended Nlay 18, 1"5





                                                         Town Zoning Ordinance

                                                                        of


                                                    The Town of Cheriton, Virginia





                                                                 Prepared by:

                                                       Cheriton Planning Committee




                                                                 Adopted by:

                                                           Cheriton Town Council


                                                        Honorable Stewart Womble
                                                      Honorable Bolton Downing, Jr.
                                                        Honorable Wade Fitzgerald
                                                        Honorable Henry Heneghan
                                                           Honorable Mark Jones
                                                         Honorable Lawrence West
                                                        Honorable John Widgen, Sr.




                During the preparation of this ordinance, financial assistance was provided by the Chesapeake Bay Local Assistance
                Department, Commonwealth of Virginia.




                                 Preparation of this ordinance was funded, in part, by the Department of Environmental Quality's
                                 Virginia Coastal Resources Management Program through Grant No. NA370ZO360-01 of the National
                                 Oceanic and Atmospheric Administration, Office of Ocean and Coastal Resource Management, under
                                 the Coastal Zone Management Act of 1972, as amended.



                                                       With Technical Assistance by:

                                        Accomack-Northampton Planning District Commission
                                                                P. 0. Box 417
                                                         Accomac, Virginia 23301









                                     Fown (of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended Nlav 18. 1994


                                                          Table of Contents                               Paue

                Article I               In General    ..................................                    I


                Article 11              Definitions  ..................................                   8


                Article III             NonconforminQ Uses       ..........................               30


                Article IV              Administration and Enforcement        ..................          34


                Article V               Amendments and Appeals         ......................             38

                Article VI              Board of Zoning Appeals      .......................              42

                Article VII             Zoning Guidelines and Conditional Zoning                      ... 46

                Article VIII            "R-20" - Residential District  .....................              47


                Article IX              "R- I I" - Residential District .................          I  ... 50


                Article X               "RTNT' - Residential Mixed District    .................          i?


                Article XI              "CN" - Commercial Neighborhood District         ...........       58

                Article XII             "CG" - Commercial General District        ...............         61


                Article XIII            "IL" - Industrial Limited District    ..................          64


                Article XIV             Chesapeake Bay/Atlantic Ocean Preservation Area
                                                Overlay District    ........................              68

                Article XV              Signs  .....................................                      80

                Article XVI             Off-Street Parking and Loading Requirements         .........     88

                Article XVII            Site Development Plan (Final Development Plan)           ......   95

                Article XVH1            Supplemental District Regulations     ................            107








                                             Town of Cheriton Zoning Ordinance - Adopted August 18, 1"4 - Amended May N, 1995


                                                                         Maps & Figures                                                      Nee

                   Map I               Town of Cheriton Zoning Map                 ..............................                             4

                   Map 2               Town of Cheriton Chesapeake Bay/Atlantic Ocean
                                            Preservation Area Overlay District              .........................                        5

                   Figure I            Illustration of Lot and Yard Requirements                  ......        ......                      .6








                                    Town of Cheriton Zonin2 Ordinance - Adopted Auaust 18. M4 - Amended May 18. 1995


                                                      Article I - In General



                Section 1-1 Authoritv to Establish Zonin% Official Title: This ordinance, to be cited as the
                Zonini4 Ordinance of the Town of Clienton, Virginia, is hereby ordained, enacted and published
                by the Town Council of Chenton, Virginia. pursuant to the provisions of Title 15. 1. Chapter 11,
                Article V111 of the Code of Virginia, 1950, as amended.



                Section 1-2 Repeal of Conflicting Ordinances: All ordinances or portions of ordinances in
                conflict with this ordinance are herebv repealed to the extent necessary to give this ordinance full
                force and effect. Specifically, this shall repeal the Zoning Ordinance of Cheriton, Virginia,
                                                                               I
                adopted in 1983, along with all subsequent amendments thereto.


                Section 1-3 Conflict With Other Laws: Whenever these standards 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.


                Section 1-4 Town and Countv Liability: The zoning of any land and the                granting of any
                permit or certificate for the use of land and/or structure shall not be interpreted as a guarantee
                bv the Town ofCheriton nor the County of Northampton, which administers zoning control, of
                & suitability of such land or structure for developing or use.


                Section 1-5 Severabifty 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 that part so declared to be
                unconstitutional, or invalid.



                Section 1-6 Purpose and Intent: This ordinance, insofar as is practicable, is intended to be in
                accord with and to implement the goals, objectives and policies set forth in the Comprehensive
                Plan of the Town of Cheriton adopted by the Town Council of Cheriton.

                The regulations that follow are part of a comprehensive and long-range program to guide and
                facilitate the orderly and economical growth of the community and to promote the public health,
                                                       M
                safety, convenience, comfort, prosperity, and general welfare. Most specifically, the purpose of
                these regulations is to:

                (a)     Provide for adequate light, air, convenience of access, and safety from fire, flood, and
                        other dangers;

                (b)     Reduce or prevent congestion in the public streets;









                                    Towo oI Cheriton Zonin,_, Onfinance - Adopted August 18. 1994 - Amended Nby 18. 1991;


                (c)     Facilitate the creation of a convenient, attractive and harmonious community,

                (d)     Facilitate the provision of adequate police and fire protection, disaster evacuation, civil
                        defense, transportation, water, sewage, flood protection, schools, parks, forests,
                        playgrounds, recreational facilities, airports, and other public requirements,

                (e)     Protect against destruction of or encroachment upon historic areas'.

                (f)     Protect against one or more of the following: overcrowdino- of land, undue dens1tv of
                                                                                         1@                        -
                        population in relation to the community facilities or natural resources 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.

                (g)     Encourage    econom]  c development activities that provide desirable employment and
                        enlaro,e the tax base;

                (h)     Provide for the preservation of agricultural and forestal lands,

                (i)     Provide for the orderly development of the Town in 'order to conserve valuable natural
                        resources including agricultural land, wetlands, waters and wildlife,

                (j)     Allow for the provision within the Town of a supply of safe, sanitary housing, in suitable
                        environments, with a balance and variety of types adapted to age groups and family
                        structures;


                (k)     Allow for the excavation or mining of soil or other natural resources; and

                (1)     Reduce or prevent sedimentation and soil erosion from nonagricultural lands.


                Section 1-7 Nonexclusionary Intent: It is not the intent of this ordinance to exclude any
                economic, racial, religious or ethnic group or persons with disabilities 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 within the Town of economic, racial,
                religious or ethnic groups, or persons with disabilities; nor is it the intent of this ordinance to use
                public powers in any way to deny anyone the otherwise lawful use of the resources within the
                Town of Cheriton based upon family status, except as may be the incidental result of meeting the
                purpose outlined in Section 1-6 herein.


                Section 1-8 Territorv Affected: This ordinance shall apply to all lands, wetlands, and water
                areas within the corporate limits of the Town of Cheriton.





                                                                   2








                                     Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Arnended May 18. 1"--;

                 Section 1-9 Enumeration of Districts: For the purpose of this ordinance, those areas under
                 County or Town Zoning Control, as determined in accordance wi
                                                                                     ith the provisions in Section 1-6
                 are hereby divided into the following zoning districts:

                 Primarv Districts:


                 Residential - 20 District                      "R-20"
                 Residential - I I District                     "R- I I"
                 Residential - Mixed District                   o1wo
                 Commercial - Neighborhood District             "CN"
                 Commercial - General District                  "CG"
                 Industrial - Limited District


                 Supplementary District:

                 Chesapeake Bay/Atlantic Ocean
                  Preservation Area                             "CB/AOPA"


                 Locations of these districts can be found on Map 1, page 4, and on Map            page 5.
                 A graphic illustration of lot and vard requirements may be found on Figure 1, page 6.


                 Section 140 Provisions for Official Zoning Map: The boundaries of the zoning districts are
                 shown on the official zoning map of Cheriton, 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, whose sipature shall be
                 witnessed, and shall remain on file in the office of the Zonine Administrator where it shall be
                 accessible to the general public. An exact copy of such map shall be filed with the Clerk of the
                                  C
                 Circuit Court of Northampton County, Virginia.

                        Section 1-10.1 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 ten (10) 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 maps shall be filed with the Clerk
                        of the Circuit Court of Northampton County. 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. No change of any nature shall be made on
                        the official zoning map or matter shown thereon except in conformity with the procedures
                        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
                        4.6.







                                                    Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended Nlav 18, 1995








                                                                                                                               TOWN OF CHERITON


                                                                  R-20
                                                                                                                                     Map 1
                                                                                                                         ZONING DISTRICTS

                                                                                                                         R-20 Residential
                                                                                                                         C-G Commercial-General
                                                                                                                         C-N Commercial-NeighborhOod
                                                                                                                          I-L Industrial-Limited









                                                                         C_G







                               C _G_
                                                                                      N



                                                        C-N
                                        R-2                                              R   20

                                                                                                                                                          -20


                                                                                                                                        V
                                                                                                                                            C_G




                                                                       G















                                                                                         4






                                                      Town of Cheriton Zoning Ordinance - Adopted August 1& 1"4 - Amended Nlxv 1& 199-4






                                                                                                                                           Map 2
                                                                                                                                     Town of Cheriton
                                                                                                                          Chesapeake Sav/Atlantic- Ocean
                                                                                                                       Preservation Area Overlay District


                                                                                                                                    Resource Protection Area
                                                                                                                            E-7-7.1 Resource Management Area






                                                                        ... .......






                                                                                                                                   ..........



                                                                                                                              ..........










                                                                                                                          -:-x

                                                                                                                                     X.

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




                                      ..........
                                                                                                                                .........  ...
                          ........ ........                                                                     . ....
                                                      ..........
                                       . .........      .................
                                  ... . ..... .       .......                                              ....                                                  ....
                                                                                                                      ..........
                                                                            L                               .. .......
                                                                                            ......               ....
                                                                                                                            X:  ........   ...                  .....
                                                         ..........                                   .. ..
                                                                                                          ..... .         ......



                                                                                                                                .............
                                                                            ;@@ . ..........
                                                        . . ......


                                     .. ..........
                                                                                       i i.0


                                                                          .........           ......
                                                                          X.





                                                                                   .. ......














                                                                                                5







                                                                              Fityure I



                                                                il-ILLIST, RA7CN OFLOT


                                                                                       Street Frontace



                                                                                        S ide Lot    I

                                                                                        -nes
                                                                                                     i   !nTencr
                                                                  M
                                                                  c                                      '-at
                                                                  2     '-at geothI
                                                                  LL
                                                                                     @ear Lot Line I

                                                                                                         !ntenor
                                                                        Carner         Lot Width         Lot
                                                                        -at       1 .0           --0-

                                                                                       Street F-crttace








                                                            ILLUS -mA -iCN OF =ECUIRFED YARCS





                                                  Accasary                                         Reauired
                                                  Buiiding                                         Flea'r Yard
                                   Rear
                                   Yard












                                                                        "N
                                              Required                  BUILDING
                                              Side
                                              Yard                                                            leouired
                                                                                                             Side
                                                                                                             Yard






                                  Front.
                                  Yard
                                                                                                      Reouired Front
                                                         Front Lot Una
                                                                                                      Yard





                                                     Street ROW









                                    Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended Mav 18. 1995

                        Section 1-10.2 Replacement: In the event that any or all of the official zoning maps
                        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.


                Section 1-11 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
                        and man-made bodies of water-, property lines, or civil boundaries, shall be construed to
                        follow such lines. In the event of change in shorelines, the boundary shall be construed
                        as moving with the actual shoreline.

                (b)     Boundaries indicated as parallel to or extensions of features indicated in subsection (a)
                        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 6.

                (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 6.

                (f)     In case any territory has not been specifically included within a district or where territory
                        becomes a part of the incorporated area of Cheriton by annexation from unincorporated
                        territory in Northampton County, such territory shall automatically be classified in the
                        most restrictive contiguous district until otherwise classified.



                                                                  7









                                    Town ofCheriton Zoning Ordinance - Adopted August 18, 1994 - Amended May 18, 1995

                Section 1-12 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 arreater
                                                                                                                0
                         percentage of lot area or to have narrower to smaller rear yards, front yards, side yards,
                         or other open spaces than herein specified.

                (c)      No new yard or lot shall hereafter be created nor shall any yard or lot existing at the time
                                                                                     w                    C
                         of enactment of this ordinance be altered so that width, depth, or area requirements; front
                         ide, or rear requirements; or o                            I
                         s                                ther 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 anv buildina shall be included as part of a yard, other open
                         space, off street parking space, or loading space 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
                                                                        C
                         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.




                                                       Article U - Definitions


                Section 2-1 General Usay : For the purpose of this ordinance, certain words and terms are
                herein defined as follows.


                         Section 2-1.1: Words used in the present tense include the future tense; words in the
                         singular number include the plural number and words in the plural number include the
                         singular number; unless the obvious construction of the wording indicates otherwise.

                         Section 2-1.2: The word "may" is permissive.

                         Section 2-1.3: The word "shall" is mandatory.



                                                                   8









                                    Town or Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended Ntav 18. 1995

                        Section 2-1.4: Unless otherwise specified, all distances shall be measured horizontally
                        and at right angles to the line in relation to which the distance is specified.

                        Section 2-1.5: The word "building" includes the word "structure;" the word "lot" includes
                        the words "plot" and "parcel."

                        Section 2-1.6: The word "used" shall be deemed also to include "designed," "erected,"
                        "reconstructed," "altered," "placed," or "moved."

                        Section 2-1.7: The terms "land use" and "use of land" shall be deemed also to include
                        "building use" and "use of a building."

                        Section 2-1.8: The word "State" means the Commonwealth of Virginia.

                        Section 2-1.9:    The word "Town" means the incorporated Town of Cheriton of
                        Northampton County, Commonwealth of Virginia, and the terms "town boundary" means
                        any exterior boundary of the incorporated Town of Cheriton.

                        Section 2-1.10: The word "County" means the County of Northampton, Commonwealth
                        of Virginia, and the terms "county boundary" means any exterior boundary of the county
                        or any boundary of unincorporated territory within the county.

                        Section 2-t.11: The word "person" includes a firm, association, organization, partnership,
                        trust, company, corporation, partnership and bodies politic and corporate as well as an
                        individual.


                        Section 2-1.12: The words "Board of Appeals" shall mean the Board of Zoning Appeals
                        of the Town of Cheriton.


                        Section 2-1.13: The words "Planning Commission" shall mean the Joint Local Planning
                        Commission of Northampton County, Virginia.

                        Section 2-1-14: The words "Town Council" shall mean the governing body of the Town
                        of Cheriton.


                        Section 2-1.15: The term "Code of Virginia" shall include "as amended."

                        Section 2-1.16: The word "adjacent" means nearby or next to and not necessarily
                        ocontiguous."


                Section 2-2 Interpretation by Zoning Administrator: In case of any dispute over the meaning
                of a word, phrase, or sentence, whether defined herein or not, the Zoning Administrator is hereby
                authorized to make a definitive determination thereof, being guided in such determination by the
                purposes and intent of this ordinance as set forth in Article 1, provided, however, that an appeal


                                                                 9









                                    "0" " ch"i".. zo-i'12 Ortlinance - Mopted August IN, M4 - Amended May 18, 1"5

                mav be taken from any such determination as provided in Section 6-3).B.



                Section 2-3 Specific Derinitions:

                Access or Accessway@ A way or ineans of approach or admission.

                Accessorv Use or Structure: A use or structure which is (a) clearly incidental to and customarily
                found in connection with the principal use and structure; (b) is subordinate to and serves the
                principal use orstructure; (c) is located on the same lot or parcel as the principal use or structure;
                (d) is not, in any case of accessory structures, attached by any common wall or by a common
                roof to a principal structure.

                Accessorv Dwelling Unit: A portion of a structure occupied by one (1) or more persons as
                tenants of the resident owner of the main structure.


                Administrator, The: The Zoning Administrator of the Town of Cheriton.

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


                Agriculture: The use of land, buildin2s and structures for forestry, dairying, pasturage, field
                crops, vegetables, fruit or sod growth, horticulture, floriculture and the raising of livestock and
                poultry.

                11ley: A permanent service-way providing a secondary means of vehicular access to abutting
                properties or structures and not intended for (Yeneral traffic circulation.

                Alteration: Any change in the total floor area, use or design of an existing structure.

                Amend or Amendment: Any repeal, modification or addition to a regulation; any new regulation;
                any change in number, shape, boundary or area of a district, or any repeal or abolition of any
                map, part thereof, or addition thereto.

                Apartment House: A building containing three or more dwelling units which serves as the
                residence of three or more families living independently of each other.

                Architect: A person licensed to practice as an architect in the Commonwealth of Virginia.

                Atrium House: The atrium house is a single family, attached, one-story dwelling unit with
                individual access. The lot is fully enclosed by a wall at least seven feet high. A private yard,
                called an atrium. is included on each lot.


                Base Flood/One-Rundred Year Flood: A flood that, on the average, is likely to occur once every


                                                                  10








                                     Town of Cheriton Zoning Ordinance - Xdopted August 18. 1994 - Amended Mav 18, t99-4

                 100 years (i.e., that has a one (1) percent chance of occurring each year, although the flood may
                 occur in any year).

                 Base Flood Elevation (BFE): The Federal Emergency Management Agency des] gnated 100 year
                 water surface elevation.


                 Basement: The lowest story of a building, having part but not less than one-half of its height
                 below grade.

                 Best Management Practices or BN4Ps:          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.

                 Block: That property abutting one side of the streets, and lying between the nearest intersection
                 or intercepting streets or the nearest intersecting or intercepting street and railroad right-of-way,
                 unsubdivided acreage, river or live stream, or between any of the foregoing in any barrier to the
                 continuity of development.

                 Board of Supervisors: The Board of Supervisors of Northampton County, Virginia.

                 Board of Zoning App.@Ials: The Board of Zoning Appeals of the Town of Cheriton.

                 Boardinia or Rooming Houses: A dwelling unit other than a motel, hotel, or inn, in which. for
                 compensation, lodging and meals are furnished to people for long periods of time.

                 Buffer Area or Zone: A component of the Resource Protection 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.

                 Buffer or Screenin : A device or natural growth, or a combination of both, designed or used as
                 a barrier to vision or noise between adjoining properties or land uses.

                 Buildable Area: The area of a lot or parcel remaining after required yards, open spaces, parking,
                 loading and access areas have been provided.

                 Building: A structure having one or more stories and roof, designed primarily for the shelter,
                 support or closure of persons, animals or property of any kind.

                 Building, AccessoEy: See "Accessory Use or Structure" as defined in this section.

                 Buildiniz Coverage: All areas under roof or projection from buildings on a lot or parcel.

                 Buildiniz, Heip       The vertical distance from the average elevation of the ground surface along
                               Ot of.
                 the front of the building to the highest point of the roof thereof.









                                   Town of Cheriton Zoning Ordinance - Adopted August 18. 1994 - Amended Mav 18, 1995

                Building Inspec:or: An appointed official of the County responsible for inspecting buildings for
                conformity with County and State regulations thereof and for certifying such inspections.

                Building, Main: The building or one of the principal buildings, housing the principal use on the
                lot or parcel.

                CaEport- Any space outside a building and contiguous thereto wholly or partly covered by a roof,
                and used for the shelter of motor vehicles.


                Carrv-out or Drive-in Restaurant: Any place or premises used for sale, dispensing, or serving
                of food, refreshments, or beverages in automobiles, including those establishments where
                customers may serve themselves and may eat or drink the food, refreshments or beverages in
                motor vehicles on the premises; a refreshment stand; a "fast food" or primarily a "carry
                establishment."


                Cellar: That portion of a building below the first floor joists at least half of whose clear ceiling
                hei2ht is below the mean level of the adjacent ground. Such portion of a building shall not be
                                                                                                      Z-
                used for habitation.


                Chesapeake Bay/Atlantic Ocean Preservation Area or "CB/AOPA": Any land designated by the
                Board of Supervisors or Town Council pursuant to Part III of the Chesapeake Bay Preservation
                Area Designation and Management Regulations, VR 17' )-02-0 1, Section 10. 1-2107 and Section
                15.1-489 of the Code of V    r-inia. A Chesapeake Bay/Atlantic Ocean Preservation Area shall
                consist of a Resource Protection Area and a Resource Management Area.

                Circus: A traveling or transportable show or exhibition consisting of performances by persons
                and animals under one tent or similar structure, with or without side shows.

                Club: An association of persons for the promotion of some common object, as literature, science,
                politics, good fellowship, etc., created for the benefit of its members or the general public and
                not for profit. The term "club" shall include "lodge."

                Cluster Development: An arrangement of structures or adjoining lots in groupings allowing
                closer spacing than would be generally permitted under ordinance requirements for lot widths
                with the decrease in lot width or area compensated by maintenance of equivalent open space
                either elsewhere on the lot or in the form of common open space.

                Commercial: Any wholesale, retail, or service business activity established to carry on trade for
                profit.

                Common Open Space: Any space, tract, or parcel of land owned in undivided interest, not
                devoted to residential uses or structures but directly related, and adjacent to a cluster development
                or planned development, as herein provided.

                Communitv Center: A building or set of buildings designed or used to serve as a social center


                                                                  12









                                    Town or Cheriton Zoning Ordinance - Ad opted August 18. 1994 - Amended May 18, 199-4

                of a town, village or other aggregation of residential property.

                Comprehensive Plan: The adopted Comprehensive Plan for Cheriton, Virginia, including, all
                amendments and elements.


                Conceptual Development Plan- A required submission at the time of filing for an amendment
                to the Cheriton Zoning Map for all districts, prepared and approved in accordance with the
                provisions of Article 5-1 (b), which generally characterized the development of the subject
                property and its resulting impact on adjacent properties and/or county in general. Also known
                as a preliminary development plan.

                Condominium: Ownership of single units in a multiple unit structure or complex having common
                elements.


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

                Counly Resident Engineer: The Resident Hi hway Engineer of Northampton County, Virginia,
                                                              9                                                1
                of the Department of Highways and Transportation of Virginia, or his designated assistant or
                deputy.

                Court: An open space bounded on two sides or more by a structure or a group of structures.

                Craft Industry: Manufacture or processing of items by hand not involving assembly line
                techniques.

                Day Care Centers: Facilities providing day care or nursery services for six or more children.

                Developer or Subdivider: A person having legal title to any tract of land or parcel of land to be
                developed, whether or not they have given their power of attorney to one of their group, or
                another individual or entity to act on behalf in planning, negotiating or in representing or
                executing the requirements of the ordinances or the Code of the County or the Town.

                Developme : Any man-made change to improved or unimproved real estate, including, but not
                limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or
                drilling operations or storage of equipment or materials.

                Diameter at Breast Height or "DBH": The diameter of a tree measured outside the bark at a point
                4.5 feet above ground.

                Director of Planning and Zoning: An appointed County official who serves as the Director of
                Planning and Zoning for the Northampton County, Virginia, or his designed deputy or assistant.

                District: Districts as referred to in Section 15.1-486, of the Code of Virginia, as amended.









                                   Town o(Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended May 18, 1"5

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

                DrIvewav or Accesswav-.      That space specifically designated and reserved on the site for
                movement of vehicles from one site to another or from a site to a public street or access

                easement.


                Dump Heap Trash Pile): Any area of one hundred square feet or more lying within one
                            _L
                thousand feet of a state highway, a residence, a farm or food handling establishment where trash,
                garbage or other waste or scrap material is dumped or deposited without being covered by a
                sanitary fill.

                Duplex: A two-family residential structure; the residential units may be arranged one above the
                other. or be serni-detached.


                Dustless Surface: A surface adequately covered in practice with a minimum of either two
                applications of bituminous surface treatment, concrete, bituminous concrete, or equivalent paving
                material approved by the Zoning Administrator and to be maintained in good condition at all
                times.


                Dwellin- A dwelling unit.

                Dwellina, Attached: One of two or more residential buildings having a common or party wall
                separating dwelling units.

                Dwelling, Double-Wide or Triple-Wide Portable: A portable dwelling consisting respectively of
                two or three sections combined horizontally at the site to form a single dwelling, while still
                retaining their individual chassis for possible future movement.

                Dwelling, Expandable Portable: A portable dwelling with one or more room sections that fold,
                collapse or telescope into the principal unit when being transported and which can be expanded
                at the site to provide additional living area.

                Dwelling, Modular Unit: A factory-fabricated transportable building designed to be used by itself
                or to be incorporated with similar units at a building site into a modular structure. The term is
                intended to apply to major assemblies, and does not include prefabricated panels, trusses,
                plumbing trees, and other prefabricated sub-elements incorporated into a structure at the site.

                Dwellin, Multi-Famil : A building containing three or more dwelling units (an apartment
                                                                 "7
                house), with the number of families in residence not exceeding the number of dwelling units
                provided.

                Dwellina, Portable: A modular unit built on a chassis, having wheels or designed to be
                transported on wheels, with body width exceeding eight feet or body length exceeding thirty-two
                feet, designed to be used as a dwelling when attached to a permanent foundation and when


                                                                14








                                    Town W* Cheriton Zoning Ordinance - Adopted August 18. 1994 - Amended May 18. 1995

                connected to the required utilities.

                DwellinQ, Sectional Home: A dwelling made of two or more modular units transported to the
                home site, put on a foundation, and joined to make a single dwelling.

                DwellinL, Semi-Detached: One of two buildinsis, arranged or designed as dwellings located On
                abutting walls without openings, and with each building having a separate lot with minimum
                dimensions required by district regulations.

                Dwelling, Single-Famliv- A residential dwellin2 unit other than a portable dwelling, designed
                for and occupied by one family only.

                Dwelling, Temporary- As a portable dwelling but not necessarily attached to a permanent
                foundation.


                Dwelliniz, Two-Familv: A residential building containing, not more than two dwelling units,
                arranged one above the other or side by side, designed for occupancy by not more than two
                families.


                Dwelling, Uni : One room, or rooms connected together, constituting a separate, independent
                housekeeping establishment for owner occupancy, or rental or lease on a weekiv, monthly, or
                longer basis, and physically separated from any other rooms or dwelling units wl@ich may be in
                the same structure, and containine independent cooking and sleeping facilities and containing not
                less than six hundred square feet of residential floor area.

                Easement- A grant by a property owner of the use of his land by another party for a specific
                purpose.

                Enginee : A person licensed to practice as a professional engineer in the Commonwealth of
                Virginia.

                Erected:  Shall be taken to mean constructed, reconstructed, moved or structurally altered.

                Fabrication: The process of constructing or assembling a product from previously prepared parts,
                elements or materials which have been manufactured off-site of the fabrication activity.

                Fairground: A parcel or tract of land used either temporarily or permanently (as permitted
                herein), as the site of any fair, exposition or public display.

                Farm: A parcel of five acres or more which is used for agricultural purposes.

                Fast Food Establishment: See "Drive-In Eating Establishment."

                Fence: A fixed structure designed to prevent escape or intrusion or to define property.



                                                                15









                                   'rown ofCheriton Zoning Ordinance - Adopted August 18, 1994 - Amended May 18, 199-4

               Fire Lane: A   means of access of sufficient design to permit ingress and egress by fire fighting
               equipment.

               Fish Farmin,-,-. The raising of fish; a form of aquaculture utilizing ponds or other scientific
               methods.


               Flea Market: A. retail establishment or area of land on which are sold second-hand or antique
               goods, a substantial proportion of which sales are on a consignment basis.

               Floor Area: The total Qross floor area of all floor or portions of floors in a structure and
               measured from outside to outside of exterior walls.


               Frontage: Lot 'width at the building set back line along a public road, private road or access
               easement. (See "Lot Width")

               Funeral Parlor- An establishment used primarily for human funeral services, which may or may
               not include facilities on the premises for: (a) embalming, (b) performance of autopsies or other
               surgical procedures, (c) cremation.

               Garaize, Private: An accessory building designed or used for the storage of not more than three
               automobiles owned and used by the occupants of the building to which it is accessory. On a lot
               occupied by a Tnulti-unit dwelling, the private garage may be designated and used for the storage
               of one and one-half times as many automobiles as there are dwelling units.

               Garage, Public: A building or portion thereof, other than a private garage, designed or used for
               servicing, repair, equipping, renting, selling or storing motor-driven vehicles.

               Grain Drye : A facility for drying grain. A commercial grain dryer is one in which the grain
               dried is primarily grown by sources other than the owner and/or operator of the facility. A non-
               commercial grain dryer is one in which the grain dried is primarily grown by the owner and/or
               operator of the facility.

               Health Official: The Director of Health for Northampton County or his designated agent or
               deputy.

               Highly Erodible Soils: Soils (excluding vegetation) with an erodibility index (EI) from sheet and
               rill erosion equal to or greater than eight. The erodibility index for any soil is defined as the
               product of the formula RKLS/T, as defined by the "Food Security Act (F.S.A.) Manual" of
               August, 1988 in the "Field Office Technical Guide" of the U.S. Department of Agriculture Soil
               Conservation Service, where K is the soil susceptibility to water erosion in the surface layer; R
               is the rainfall and runoff, LS is the combined effects of slope length and steepness-, and T is the
               soil loss tolerance.


               Highly Permeable Soils: Soils with a given potential to transmit water through the soil profile.
               Highly permeable soils are identified as any soil having a permeability equal to or greater than
                                                                                                      g



                                                                16








                                     Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended Nby 18, 1995

                 six inches of water movement per hour in any part of the soil profile to a depth of 72 inches
                 (permeability groups "rapid" and "very rapid") as found in the "National Solis Handbook" of July,
                                1
                 1983 in the "Field Office Technical Guide" of the U.S. Department of Agriculture Solis
                 Conservation Service.


                 Home Occupation: An occupation conducted in a dwelling unit or a dwellint, accessorv structure,
                 provided that:

                        (a)     No person other than members of the family residing on the premises shall
                                be engaged in such occupation;

                        (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 percent of the floor area of the dwelling unit or twenty-three
                                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 sicm, not exceeding four square feet in area, non-
                                illuminated,

                        (d)     There shall  be no sales, other than items handcrafted in the premises in
                                connection with such home occupation;

                        (e)     No traffic shall be generated by such home occupation in greater volumes
                                than would normally be expected in a residential or rural 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;

                        (f)     No equipment or process shall be used in such home occupation which
                                creates noise, vibration, glare, fumes, odor, or electrical interference
                                detectable to the normal senses off the lot, if the occupation is conducted
                                in a single-family residence, or outside the dwelling unit if conducted in
                                other than a single family residence. In the case of 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 live voltage off the premises. Boarding and rooming
                                houses, tourist homes and private educational institutions shall not be
                                deemed home occupations.

                Home-Owner's Association: A non-profit organization operating under recorded land agreements
                through which: (a) each lot and/or home-owner is automatically a member, and (b) each lot is
                automatically subject to a charge for a proportionate share of the expenses for the organization's


                                                                  17









                                  Town of Cheriton Zoning Ordinance - Adopted August 18. 1994 - Amended Mav t8, 1995


              activities, such as maintaining a common property or private road, and (c) the charge if unpaid
              becomes a lien against the property.

              Hospital, Sanitarium, Sanatorium- Any institution receiving inpatients and rendering medical,
              surgical and/or obstetrical care. This shall include general hospitals and institutions in which
              service is limited to special fields such as cardiac, eye, ear, nose and throat, pediatrics,
              orthopedics, cancer, mental, tuberculosis, chronic diseases and obstetrics. The term "hospital"
              shall also include sanitariums and sanitoriums including those where mental patients, alcoholics,
              and drug, addicts are treated or cared for under the supervision of licensed medical personnel.

              Hotel: Any building containing ten or more guest rooms where for compensation lodging, meals
              or baths are provided for ten or more guests, excluding a fraternity or sorority house, school or
              college dormitory, tourist home, motel or apartment hotel.

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

              Inns. General, and Bed and Breakfast: A dwelling unit, other than a motel, hotel, rooming or
              boarding house, where for compensation lodging and/or meals are furnished to overnight
              transients, such flacility having no more than four @edrooms.

              Junk Yard: An, land or buildinc, used for the abandonment, storage, keeping, collecting, or
                               y
              bailing of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment,
              demolition, dismantling storage, or salvaging of automobiles or other vehicles not in running
              condition, machinery or parts thereof

              Loading SpAce: Any off-street space available for the loading or unloading of goods, not less
              than fifteen feet wide, twenty-five feet long and fourteen feet high, and having direct usable
              access to a street or alley, except where one such loading space has been provided, any additional
              loading space lying alongside, contiguous to and not separated from such first loading space need
              not be wider than twelve feet.


              Lot: A parcel of land occupied or to be occupied by a building and its accessory buildings or
              by a group of dwellings and -their accessory buildings, together with such open spaces as are
              required under the provisions of this ordinance, having at least the minimum area required by this
              ordinance for a lot in the zone in which such lot is situated and either shown on a plat of record
              or considered as a unit of property and described by metes and bounds.

              Lot Area: The total horizontal area included within the rear, side and front lines or proposed
              street lines of the lot, excluding any streets or highways, whether dedicated or not dedicated to
              public use, but including off-street automobile parking area and other accessory uses. Lot area
              shall not include portions under water except where the total area of a body of water is within
              a lot.




                                                               18









                                      Town (if Cheriton Zoninal Ordinance - Adopted August 18. 1994 - Aniended May 18. 1995

                  Lot, Comer: A lot abuttina on two or more roads, rights-of-way or access easements at their
                  intersection of the two sides of a corner lot; the front of the lot shall be deemed to be the shortest
                  of the two sides fronting on such roads, rights-of-way or access easements.

                  Lot Coveraue- The total area covered by or devoted to individual lots as opposed to common
                  area plus the area of all streets, set-vice drives or parking bays. ;in developments which have
                  common areas such as in cluster developments. The impervious area of any lot or parcel,
                  includinu, but not limited to buildings, roads, drives, parking areas, sidewalks, patios, decks, etc.

                  Lot. Del2th 0    The average horizontal distance between the front lot line and the rear lot line,
                  measured along a straight line.

                  Lot, Double Frontage: An interior lot having road frontage on two or more roads.

                  Lot, Interior- Any lot other than a corner lot, but including a through lot.

                  Lot, Th[qq& An interior lot, fronting on two parallel or approximately parallel streets.

                  Lot, Width: The averaae horizontal distance between side lot lines.


                  Lot of Record: A lot which has been recorded in the Clerk's Office of the Circuit Court of
                  Northampton County.

                  Manufacture and/or Manufacturing:        The processing and/or converting of raw, unfinished
                                                                           1.                   -
                  materials or products, or either of them, into articles or substances of different character, or for
                  use for a different purpose.

                  Manufactured Home: A structure subject to Federal Regulations, which is transportable in one
                  or more sections; is eight body feet or more in width and forty body feet or more in length in
                  the traveling mode, or is 320 or more square feet when erected on site; *is built on a permanent
                  chassis; is designed to be used as a single family dwelling, with or without a permanent
                  foundation when connected to the required facilities; and *includes the plumbing, heating, air
                  conditioning, and electrical systems contained in the structure. (See also "dwelling, double wide
                  or triple wide, portable"; "dwelling, expandable, portable"; and "dwelling, portable").

                  Manufactured Home Park: Any area of ten acres or more designed to accommodate twenty-five
                  or more mobile homes intended for residential use where residence is in mobile homes
                  exclusively and lots are rented rather than sold.

                  Manufactured Home Park/Subdivision: A parcel (or contiguous parcels) of land divided into two
                  or more lots for rent or sale.


                  Mass or Communi1y Subsurface Drainfield: A system used to receive sanitary waste in the
                  ground, serving three (3 )) or more independent homes, structures or commercial units off site of
                  the land, lot, or area being served; also known as a community, public, or central sewer system.


                                                                   19









                                     Town (of Cheriton Zoning Ordinance - Adopted Augmst 18. 1994 - Amended %Inv 18. 1995


                 Medical Center: Establishment wherein medical care is provided on an outpatient basis. as
                 distinguished from a hospital or a professional office.

                 Mobile Home Trailer: An industrialized single-family dwelling unit designed for transportation.,
                 after fabrication, on streets and highways on its own wheels or on flatbed or other trailers, and
                 arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy
                 except for minor or incidental unpacking and assembly operation, location on jacks or permanent
                 foundations. connection to utilities and the like.


                 Modular Home: See "modular unit" and "sectional home" as defined in this section.


                 Modular Unit: A factory-fabricated transportable building designed to be used by itself or to be
                 incorporated w1th similar units at a building site into a modular structure. This term is intended
                 to apply to major assemblies, and does not include prefabricated panels, trusses, plumbin(y trees
                 and other prefabricated sub-elements incorporated into a structure at the site.

                 Motor Lodge (Motel)- One 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.

                 Motorhome: A, vehicle which is self-propelled or designed for self-propulsion, having a normal
                 seating capacity of not more than ten persons, including the driver, designed primarily for use
                 as living quarters for human bein s. (See "Trailer, Travel and Recreation")
                                                     9

                 New Construction: For the purposes of determining                                       for which the
                                                                          , insurance rates, structures
                 "start of construction" commenced on or after the effective date of an initial FIRM or after
                 December 31, 1974, whichever is later, and includes any subsequent improvements to such
                 structures. For floodplain management purposes, flnew construction" means structures for which
                 the "start of construction" commenced on or after the effective date of a floodplain management
                 regulation adopted by a community and includes any subsequent improvements to such structures.

                 Nionconformins" Activity: The otherwise legal use of a building or structure or of a tract of land
                                 I
                 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.


                 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.

                 Nonconformine, Structure: An otherwise legal building or structure that does not conform to the
                 minimum area     or lot width requirements or permitted uses 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.




                                                                    20








                                      Town of Cheriton Zoning Ordinance - Adopted August 18. IM - Amended L%Iav 18. 1995

                 Nonpoint 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.

                 Nonprofit Organization: An incorporated organization or group whose charter prohibits profit-
                                                                 1.7            ZI
                 makin(y endeavors and which enjoys tax exemption privileges.

                 Nontidal Wetlands: Those wetlands other than tidal wetlands that are inundated or saturat        ed 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.

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


                 Nursing Home: The term "nursing home" includes rest homes, convalescent homes and homes
                 for the aged, and shall mean a place devoted primarily to the maintenance and operation of
                 facilities for the trea tment and care of any person suffering from illnesses, diseases or injuries,
                 not requiring extensive and/or intensive care that is normally provided in a general hospital or
                 other specialized hospital.

                 Off-Site: The term "off-site" describes a location on an area of land which is proximate to a
                 parcel of land defined as "on-site."

                 Off-Street Parking Area or Parkin Bays: Space provided for vehicular parking outside the
                 dedicated street right-of-way.

                 On-Site: "On-Site" shall be construed to be describing a location on all or on a portion of a
                 parcel of land which is the subject of an application for approval by the Town Council, Planning
                 Commission or Board of Zoning Appeals, and which parcel of land is in single ownership or
                 under unified control.


                 Open Space: Water or land left in undisturbed open condition or developed as a landscaped area
                 unoccupied by buildings, streets or parking lots, or occupied by approved commonly owned
                 recreational facilities.


                 Parcel: Any tract of land or water not subdivided.

                 Parking Space: A space of sufficient size and shape to park one standard size automobile and
                 containing not less than ninety-one (91) square feet of area, except parking spaces for
                 handicapped access, which shall be 200 square feet in area.

                 Patio House: A single-family detached or semi-detached unit, with one dwelling unit from
                 ground to roof, having individual outside access.








                                    Town of Cheriton Zoning Ordinance - Adopted August t8. 1994 - Amended Nlav 18, 1995

                Pen:  A small enclosure used for the concentrated confinement and housing of animals or poultry;
                a place for feeding and fattening animals or poultry; a coop.

                Performance Bond- A bond of surety, and/or cash deposit approved by the Town Council equal
                to full cost of improvements required by these regulations and providing for completion of such
                improvements within a definite term.

                Plan of Develo  -ment: The process for site plan or subdivision plan review to ensure compliance
                with Section 10. 1-2109 of the Code of Virginia and this Article, prior to any clearing or grading
                                                              I
                of a site or the *issuance of a building permit.

                Planned Unit Development: A cohesive development of mixed uses based on unit density in
                which conventional lot restrictions are lowered to provide a percentage of open space.

                Planner, Land Planner: A professional person qualified to prepare development plans, site plans,
                and/or subdivision plats, who is either registered as such or who meets the standards of the
                American Planning Association.

                Plat: A map or plan of a tract or parcel of land which is to be or has been subdivided. When
                used as a verb, "plat" is synonymous with "subdivide."

                Poultry: Domestic fowl normally raised on a farm such as chickens, ducks, geese, turkeys,
                peafowl, guinea, fowl, etc.

                Present Tense: Words in the present shall include the future tense.

                Private School: The term "private school" includes private schools, colleges, or universities, and
                private instructional/training institutions.

                Professional Office: The office of a person engaged in any occupation, vocation or calling, not
                purely commercial, mechanical or agricultural, in which a professed knowledge or skill in some
                department of science or learning is used in its practical application to the affairs of others, either
                advising or guiding them in serving their interest or welfare through the practice of an act
                founded thereon.


                PropeM: Any tract, lot or parcel or several of the same collected together for the purpose of
                subdividing, pre             .  development plan and/or developing
                                  panng a site                                        C-

                Public Access E-asement: A legal easement, or series of easements, which grant and guarantee
                the right of access for emergency and public service vehicles to any given area or right-of-way.
                                                                                          0

                Public Buildin),rs: The term "public buildings" shall be considered for the purpose of this
                ordinance to be any building owned by a governmental organization such as a county, city, town,
                state or federal government. Such buildings may include city hall, a county courthouse, a state
                armory, a federal office building, a post office, an auditorium, a museum, an art gallery, a college


                                                                   22








                                     'roivn ofCheriton Zoning Ordinance - Adopted August 18, 1994 - Amended Nbv 18, 1"5

                 or university, hospitals, clinics, schools, libraries, police and fire stations, etc.

                 Public Facilities7   The term "Public facilities" shall be considered for the purpose of this
                 ordinance to be any public works supplied generally by a governmental organization. Such
                 public works shall Include, but not be limited to@ public roads, schools, water supply and sewer
                 facilities, and police and fire protection facilities.

                 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 (1) 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
                 (Yovernment.


                 Public Sewer Svstern    A central svstem for the removal, carrying off, treatment and disposal of
                 sewage, serving or designed to serve three or more independent dwellings or structures, and
                 which may be owned and/or operated by a municipality or county or service authority or by a
                 person approved by the Board of Supervisors in accordance with Title 62.1 of the Code of
                 Virginia, 1950, as amended, and licensed by the State Corporation Commission; including a
                 master septic field system operated by a home owners' association.

                 Public Water Supply: A central system for supplying potable water to three or more independent
                 dwellings and which may be owned and/or operated by a municipality or county or service
                 authority or by a person approved by the Board of Supervisors and properly licensed by the State
                 Board of Health in accordance with Title 62 of the Code of Virginia as amended, and licensed
                 by the State Corporation Commission.

                 Record, Recorded, Recording: Admission to record in the office of the clerk of a court of
                 competent jurisdiction.

                 Recreation Area, Commercial: Any establishment operated as a commercial enterprise in which
                 seasonal facilities related to outdoor recreation are provided for all or any of the following:
                 camping, lodging, picnicking, boating, fishing, swimming, outdoor games and sports, and
                 activities incidental and related to the foregoing. A commercial recreation area does not include
                 miniature golf grounds, golf driving ranges, mechanical amusement devices, or accessory uses
                 such as refreshment stands, equipment stands, equipment sales or rentals.

                 Recreational Vehicle: A vehicle which is:


                        (a)     built on a single chassis;

                        (b)     400 square feet or less when measured at the largest horizontal projection;


                                                                  23)









                                    "'%V" "' Cheriton Zoning OrdinanCe - @'Ldopled August M 1994 - Amended May 18. 1995


                        (c)     desiorned to be self-propelled or permanently towable by a light duty truck
                                or vehicle; and

                        (d)     designed primarily not for use as a permanent dwelling but as temporary
                                hving quarters for recreational camping. travel. or seasonal use.

                 Redevelopmen--..- The process of developing land that is or has been previously developed.

                 Rehabilitation and Group Homes or Centers: Facilities to restore persons to a state of physical,
                 mental or moral health through treatment and training.

                 Reguired Open Space: Any space required in any front, side or rear yard.

                 Resource Management Area or "RN4A"- That component of the Chesapeake Bay/Atlantic Ocean
                 Preservation Area that is not classified as the Resource Protection Area. RNIAs 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.
                           I

                 Resource Protection Area or "RPA": That component of the Chesapeake Bay/Atlantic Ocean
                 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.

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

                 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 serve as illustrations only and are not to be considered to be exclusive:
                 drug stores, newsstands, food stores, candy shops, milk dispensaries, dry goods and notions stores,
                 ant' que stores, florists, opticians, music and radio stores, tailor shops, barber shops and beauty
                 shops.

                 Road: See "street" as defined in this section.


                 Saltwater Intrusion: Displacement of fresh surface water or groundwater by the advance of sea
                 water, sometimes caused by overdraft of a well.

                 School of Special Instruction: A school offering musical, dramatic, artistic and cultural subjects.

                 Sectional Home: A dwelling made of two or more modular units transported to the home site,
                 put on a foundation, and joined to make a single dwelling.

                 Semi-Pubiic Building: Any building designed for the use of the general public or any segment


                                                                 24








                                    Town of Cheriton Zoning Ordinance - Adopted August 18. 1994 - Amended Nby 18. 1995

                 of the (),eneral public and which is owned and/or operated by a nonprofit association.
                        'D

                 Setback- The minimum distance by which any building or structure shall be separated from a
                 lot line.


                 Shopping Center: A group of commercial establishments, planned, developed, owned and
                 managed as a unit with off-street parking provided on the property and related in size and type
                 of shops to the trade area the unit serves.

                 5in- Any display of any letters, words,     numerals, figures, devices, emblems, pictures or any
                 parts or combination thereof, by any means whereby such letters, etc., are made visible for the
                 purposes of making anything known, whether such display be made on, attached to., or as a part
                 of a structure, surface or any other thing, including, but not limited to, the ground, a rock, tree
                 or other natural object, which display is visible beyond the boundaries of the parcel of land on
                 which the same is made. A display of less than two square feet in area is excluded from this
                 definition.


                 Siizn, Area: The area of a sign shall be determined from its outside measurements, including any
                 wall work incidental to its decoration, but excluding supports, unless such supports are used to
                 attract attention. In the case of a sign where lettering appears back-to-back, that is, on opposite
                 sides of the sign, the area shall be considered to be that of only one face. In the case of an open
                 sig                                                                                I
                  gn made up of individual letters, figures or designs, the area shall be determined as if such
                 display were made on a sign with straight lines or circular sides.

                 Sign. Auction: A sign, not illuminated. advertising   an auction to be conducted on or off the lot
                 or premises upon which it is situated. Such signs may be erected not more than one month
                 before the date of the action advertised and shall be removed within forty-eight hours of the
                 conclusion of such auction.


                 Siizn, Business: A sign, either free standing, projecting or wall, which directs attention to a
                 product, commodity and/or service available on the lot, premises or farm upon which such sign
                 is situated.


                 Sim, Directional: A sign, one end of which is pointed, on which an arrow is painted, or
                 otherwise indicates the direction to which attention is called, not illuminated, four square feet or
                 less in area, giving the name only of a person, farm, business or other establishment.

                 Sign, Free Standin : A business sign located upon a lot or parcel of ground outside the required
                 setback area, not attached to the main building.

                 SigLri. General Outdoor Advertising: A sign which directs attention to a product, commodity, or
                 service not necessarily available on the premises, over one hundred square feet.

                 Sign, Home Occupation: A sign not exceeding four square feet in area directing attention to a
                 service available on the premises, but which service is clearly a secondary use of the dwelling.


                                                                 25









                                      Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended May 18, 1994;

                  Sim Huntina, Fishing or Trespassinay: A sio-n, not illuminated, one and one-half square feet or
                  less in area, erected on the appurtenant premises solely as a warning or notice.

                  Sign, Identification: A sign which identifies or otherwise describes the name, ownership or
                  location of the lot or parcel of land upon which it is situated.

                  Sign, Illuminated: A si(I)rn, or any part of a sign, which is externally or internally illuminated or
                                           11 @     -
                  otherwise lighted from a source specifically *intended for the purpose of such illumination or
                  lighting.

                  Sign, Location: A sign which directs attention to the approximate location of an establishment
                  from which the advertised products, service or accommodation mav be obtained and not situated
                  upon the premises upon which such establishment is located, one hundred square feet or less in

                  area.


                  Sign, PoliticaL A sign not illuminated, two and one-half square feet or less, in which there is
                  presented a candidate or issue, subject to a federal, state or local government plebiscite. Such
                  sign may be erected not more than one month prior to the date of voting and shall be removed
                  within ten days thereafter.

                  Sism, Portable: Anv sian that is not permanently affixed to a buildin , structure, or the ground.
                                                                                           9

                  Sign, Proieg@U: A business sign erected, projecting perpendicularly to the building wall surface
                  to which it is attached, no part of which is more than six feet from the wall surface of the
                  building on which such sign is erected.

                  Sign, Public: A sign owned by and erected at the instance of a federal, state or local government
                  agency.

                  Sign, Sale or- Rental: A sian, not illuminated, which designates all or portions of the lot or
                  premises upon which it is located to be for sale or lease. Such signs shall be removed within one
                  week of sale or lease of the lot or premises upon which such sign is situated. The lettering or
                  message on any one side of such sign may be different from any other side.

                  Sign, Subdivision or Entrance: A sign, not illuminated, sixty square feet or less in aggregate area
                  identifying a subdivision or business and located thereon at the entrance to such subdivision or
                  business. Such sign shall be not greater in height than six feet and shall be set back from any
                  right-of-way for proper sight distance.

                  Sign, Tempora!y Directional: A directional sign erected for a period of not more than ten days.

                  Sign, Tempora!y Event: A sign, not illuminated, describing a seasonal, brief or particular event
                  or activity to be or being conducted upon the lot or premises upon which such sign is located.
                  Such sign may be erected not more than one month before the event or activity described, shall
                  be removed within one week of its conclusion, and in no event shall such sign be displayed for


                                                                    26








                                       I. own ol'Cheriton Zoning Ordinance - Adopted August 18. 1994 - Amended Aby 18, 1995

                   a period longer than six months in any one calendar year.

                   Sign, Wall: A business sign erected or painted on a building front visible from the exterior
                   thereof, no part of which is more than twelve inches from the surface of the building on which
                   it is erected; such sign may be illuminated.

                   Site Development Plan:       Detailed drawings indicating all buildin(y construction and land
                   improvements, including landscape treatments and related information required by this ordinance.

                   Specifications: A detailed, precise presentation of the materials and procedures to be employed
                   in the construction of all physical improvements required by the applicable ordinances of the
                   County or the Town.

                   Start of Construction: The date the building permit is issued, provided the actual start of
                   construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is
                   within 180 days of    the permit date. The actual start means either the first placement of
                   permanent construction of a structure on a site, such as the pouring of slab or footings, the
                   installation of piles, the construction of columns, or any work beyond the state of excavation; or
                   the placement of a manufactured home on a foundation. Permanent construction does not include
                   land preparation, such as clearing, grading, and filling; nor does it include the installation of
                   streets and/or walkways; nor does it include excavation for a basement, footings, piers, or
                   foundations or the erection of temporary forms; nor does it include the installation on the
                   property of accessory buildings, such as garages or sheds not occupied as dwelling units or not
                   part of the main structure. For a substantial improvement, the actual start of construction means
                   the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or
                   not the alteration affects the external dimensions of the building.

                   Store: See "Retail Stores and Shops" as defined in this section.

                   5to                                                                                  urface of any
                     H: That portion of a building, other than the basement, included between the s
                   floor and the surface of the floor next above it. If there be no floor above it, the space between
                   the floor and the ceiling next above it.

                   Street: A dedicated strip of land or right-of-way subject to vehicular and/or pedestrian traffic
                   providing means of access of property.

                   Street (Arterial): A highway utilized primarily as a supplement to, and as an extension of, the
                   interstate highway system, defined in the Virginia State Highway Commission Standards as an
                   arterial highway. A minimum right-of-way of one hundred feet is required.

                   Street (Collector): A street that carries or is anticipated to carry a volume of through traffic
                   exceeding four hundred vehicles per day, the right-of-way of which shall not be less than fifty
                   feet nor more than eighty feet depending upon existing or anticipated traffic volume.

                   Street (Local): A street that carries or is anticipated to carry a volume of traffic less than four


                                                                   27









                                    Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended May 18. 1995

                 hundred vehicles per day, the right-of-way of which shall not be less than fifty feet.

                 Street (Maior Collector): A street that carries or is anticipated to carry a volume of traffic
                 exceeding three thousand vehicles per day, the right-of-way of which shall not be less than sixty
                 feet nor more than one hundred ten feet.


                 Street (Maior Highway): Any arterivi, interstate, major collector, or primary street or hlyhwav
                 as defined in this section.


                 Street (Primary): A street or highway anticipated to carry a volume of traffic exceeding three
                 thousand vehicles per day, designed and maintained as a part of the Virginia Primary System, the
                 right-of-way of which shall not be less than eighty feet or more than one hundred sixty feet.

                 Street (Private)- A street which affords principal means of access to abutting property, and
                 encompassed by a right-of-way dedicated to public use and maintained by a private corporation
                 or adjacent landowners within the platted subdivision, constructed to standards adopted by the
                 County. The right-of-way shall not be less than forty feet.

                 Street (Public): A street which affords principal means of access to abutting property, and
                 encompassed by a right-of-way dedicated to public use and maintained by the Commonwealth
                 as a part of the state primary or secondary road system. The right-of-way shall not be less than
                 forty feet.

                 Street (Rural): A street having a minimum right-of-way of forty feet located in areas or
                 subdivisions divided into parcels of two acres or more, excepting streets carrying or anticipated
                 to carry heavy volumes of traffic or otherwise defined herein.

                 Street (Service Drive): A public or private right-of-way, generally parallel with and contiguous
                 to a major highway, primarily designed to promote safety by eliminating pernicious ingress and
                 egress to a major highway by providing safe and orderly points of access to the major highway.

                 Street, Width: The total width of the strip of land dedicated or reserved for public travel
                 including the roadbed, curb and gutter, sidewalks, planting or landscaping strips, and where
                 necessary, utility easements-

                 Structural Alteration: Any change in the supporting members of a building, such as bearing walls
                 or partitions, columns, beams or girders, or any substantial change in the roof.
                                                   C

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

                 Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of
                 a structure, the cost of which equals or exceeds 50 percent of the market value of the structure
                 before the "start of construction" of the improvement. This term includes structures which have


                                                                28







                                      Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended Mav 18, 1995

                   incurred "substantial damage" regardless of the actual repair work performed. The term does not,
                   however, include either: (1) any project for improvement of a structure to correct existing
                   violations of state or local health, sanitary, or safety code specifications which have been
                   identified by the local code enforcement official and which are the minimum necessary to assure
                   safe living conditions or (2) any alteration of a "historic structure," provided that the alteration
                   will not preclude the structure's continued designation as a "historic structure."

                   Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring
                   the structure to its before damaged condition would equal or exceed 50 percent of the market
                   value of the structure before the damage occurred.

                   Surveyor, Land: A person who is recognized by the State and who is registered with the Virginia
                   Department of Professional and Occupational Registration as a "registered land surveyor."

                   Theater, Indoo : A building designed and/or used primarily for the commercial exhibition of
                   motion pictures to the general public or used for performance of plays, acts, dramas by actors
                   and/or actresses.


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

                   Tourist Home: A dwelling where only lodging is provided for compensation for up to fourteen
                   persons (see also "hotels" and "boarding and rooming houses" as defined in this section) and open
                   to transients.


                   Townhouse: One of a series of from three to ten attached dwelling units, under single or multiple
                   ownership, separated from one another by continuous vertical walls without openings from
                   basement floor to roof, and having diversified architectural facades, or treatment of materials on
                   both front and rear of the building group, with not more than four of any ten abutting townhouses
                   having the same architectural facades and treatment of materials and with not more than three
                   abutting townhouses having the same front and rear setbacks. Minimum setback offset shall be
                   not less than one foot.


                   Trailer, Business: A structure or vehicle mounted on wheels for use on roads, propelled or drawn
                   by its own or other motor power, and designed and constructed to provide for temporary human
                   habitation for one or more persons or for the conduct of a business, profession, trade or
                   occupation or for use as a selling or advertising device.

                   Trailer, Business Office: An industrialized unit designed for transportation after fabrication on
                   streets and highways on its own wheels or on flatbed and arriving at the site where it is to be
                   occupied as an office complete and ready for occupancy except for minor or incidental unpacking
                   and assembly operation, located on jacks or permanent foundation, connected to utilities and the
                   like.


                   Trailer, Travel and Recreation: A mobile unit less than twenty-nine feet in length and less than


                                                                   29









                                     rown of Cheriton Zoning Ordinance - Adopted August 18, IM - Amended '.1,12y 18, 1995


                 four thousand five hundred pounds in weight which is designed for temporary human habitation.

                 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).

                 Use: The principal purpose for which a lot or the main building thereon is designated, arranged,
                 or intended and for which it is or may be used, occupied or maintained.

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

                 Variance: A variance is a relaxation of the terms of the zoning ordinance where such relaxation
                 shall not be contrary to the public interest and where, owing to conditions peculiar to the property
                 and not the result of the action of the applicant, a literal enforcement of the ordinance would
                 result in unnecessary or undue hardship. As used in this ordinance, a variance is authorized only
                 for height, area and size of structure or size of yards and open spaces; establishment or expansion
                 of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted
                 because of the presence of nonconformities in the zoning district or adjoining, zoning districts.

                 Water-dependent Fa@j @Jit : 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 (1) ports; (11) the intake and ouffall
                 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 resource facilities.

                 Watershed: Tlie region drained by or contributing water to a stream, creek, pond or other body
                 of water.


                 Water table: The upper surface of groundwater in the unconfined surface aquifer, known as the
                 Columbia Aquifer, which is located in a zone of saturated soil material, except when separated
                 from underlying groundwater by an zone of unsaturated soil material.

                 Wetlands: Tidal and nontidal wetlands.



                                                 Article M - Nonconforming Uses

                 Section 3-1 Intent: Some existing lots, uses, structures, or combinations of uses and structures
                 will not meet the requirements set out by this ordinance for districts. These nonconformities are
                 declared by this ordinance to be incompatible with the requirements of the districts. It is the
                 intent of this ordinance to permit nonconformities to continue until they are removed or
                 discontinued but not in any way to encourage their survival; nor to permit their enlargement,
                 expansion, or extension; nor to permit their use as a grounds for adding other structures or uses
                 which would be prohibited in the district involved.


                                                                  10








                                            of Cberiton Zoning Ordinance - Adopted August 1& 1994 - Amended Alay 18, 1995


                   Section 3-2 Continuation:


                   A.      Uses - If, at the time of enactment of this ordinance, there is any legal activity which is
                           being pursued, or any lot or structure being legally utilized in a manner or for a purpose
                           which does not conform to the provisions of this ordinance, such manner of use or
                           purpose may be continued as herein provided except that general advertising structures
                           and -eneral outdoor advertising, signs that become nonconforming because of a rezoning
                           have'twenty-four months within which to be relocated in a permitted area.

                   B.      Lots of Record - If, at the time of enactment of this ordinance, there is a legal lot or
                           parcel which does not meet the minimum lot area requirement within a district of record,
                           said lot or parcel of record may be used as a building site provided the use proposed is
                           a permitted use as established by this ordinance, and provided further the requirements
                           for minimum set-backs can be met. Variances of yard requirements must be decided upon
                           by the Board of Zonin Appeals in accordance with Article V1.
                            1                      9


                   C.      Structures - Where a lawful structure exists at the time of enactment of this ordinance that
                           could not be built in the district in which it is located under the terms of this ordinance
                           by reason of restrictions on area, lot coverage, height, yard dimensions, or other
                           requirements, such structure may be continued so long as it remains otherwise lawful,
                           subject to the following provisions:

                           (1)     No nonconforming structure may be enlarged or altered in any way which
                                   increases its nonconformity; however, any structure or portion thereof may
                                   be altered to decrease its nonconformity.

                           (2)     Should a nonconforming structure be moved for any reason for any
                                   distance it shall thereafter conform to the regulations pertaining to the
                                   district in which it is located.


                           (3)     Should a nonconforming structure, portion of the nonconforming structure,
                                   or nonconforming portion of a structure, other than a single family
                                   dwelling unit, be damaged or destroyed by any means to an extent of more
                                   than fifty percent of its replacement cost at the time of destruction, it shall
                                   not be reconstructed except in conformity with the provisions of this
                                   ordinance. If damage or destruction amounts to less than fifty percent of
                                   the replacement cost at the time of destruction, a structure or portion
                                   thereof may be reconstructed or restored provided its degree of
                                   nonconformity is not increased beyond that which existed just prior to such
                                   damage. If the provisions of this ordinance cannot be met, the owner or
                                   owners of the structure may apply for a variance from the Board of Zoning
                                   Appeals.

                   D.      Restoration - The cost of land or any factors other than the cost of the structure are
                           excluded in the determinafion of the cost of restoration for any structure or activity









                                     'rown 0@ Uberiton Zoning Ordinance - Adopted August 18. 1994 - Amended -May 18. M-5


                         devoted to a nonconformin2 use.


                 E.      Historic and Single-Family Structures - If a nonconforming structure be a single-family
                         dwelling or a historic structure or area as herein defined.. it may be restored or replaced
                         regardless of the percentage of destruction.

                 F.      Repai ; and Maintenance - On any building devoted in whole or in part to any
                         nonconforming use, work may be done on ordinary repairs or on repair or replacement
                         of noribearing walls, fixtures, wiring or plumbing, to. such extent that the structure is kept
                         in a usable condition.      Nothing in this ordinance shall be deemed to prevent the
                         strengthening or restoring to a safe condition of any structure or part thereof declared
                         necessary for safety upon order of any County building or health official.



                 Section 3-3 Nonconformitv in General:


                 A.      If there is any change in title or renewal of a lease of any nonconforming lot or structure
                         access, the existing use may continue.

                 B.      If any nonconforming use, structure or activity is discontinued for a period exceeding two
                         years after enactment of this ordinance, it shall be deemed abandoned and any subsequent
                         use shall conform to the requirements of this ordinance.

                 C.      Whenever a nonconforming structure, lot or activity has been changed to a more limited
                         nonconforming use, such existing use may be changed to an even more limited use.

                 D.      Temporary seasonal nonconforming uses that have been in continual operation for a
                         period of two years or more prior to the effective date of the ordinance are excluded.

                 E.      All nonconforming uses shall be issued a Certificate of Occupancy within six months after
                         the adoption of this ordinance.

                 F.      Whenever the boundaries of a district are changed, any use of land or buildings which
                         become nonconforming as a result of such change shall become subject to the provisions
                         of this Article.



                 Section 3-4 Provisions for Spgcial Uses: Any use of a structure which exists at the time of
                 enactment of this ordinance which is permitted in the district in which it is located as a special
                 use, shall not 'be deemed a nonconforming use or structure, but shall, without further action by
                 the County, be considered a conforming use. However, such a use or structure shall be subject
                 to the requirements of this ordinance as a "special use" when expansion, enlargement or
                 modification is proposed.




                                                                    32








                                    Town of Cheriton Zoning Ordinance - Adopted August 1& 1994 - Amended May M 199-4

                 Section 3-5 Nonconformine Use and Development Waivers: The lawful use of a building or
                 structure which existed on [date of adoption] or which exists at the time of any amendment to
                 this Article, and which is not in conformity with any provisions of this Ordinance may be
                 continued in accordance with the provisions of this Article. No change or expansion of use shall
                 be allowed with the exception that:

                        (1)     The Zoning Administrator may grant a nonconforming use and development
                                waiver for structures on legal nonconforming lots or parcels to provide for
                                remodeling and alterations, waivers/variances for additions must be acted upon by
                                the Town of Cheriton Board of Zoning Appeals in keeping with Article VI of this
                                Ordinance provided that:

                                a.     There will be no increase in nonpoint source pollution load;

                                b.     Any development or land disturbance exceeding an area of 2,500 square
                                       feet complies with all erosion and sediment control requirement of this
                                       Article.


                                C.     The intent of Article III nonconforming uses is upheld.

                        (2)     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 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,


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

                        (3)     A nonconforming use and development waiver/variance shall become null and
                                void twelve months from the date issued if no substantial work has commenced.









                                     Town of Cheriton Zomn,2 Ordinance - Adopted August 18, IM - Amended Niby 18. 1995

                  Sian, Huntina, Fishing or Tresgassing: A sign, not illuminated, one and one-half square feet or
                                                                ID
                  less in area., erected on the appurtenant premises solely as a warning or notice.

                  Siu@n, Identification: A sign which identifies or otherwise describes the name, ownershi
                                                                                      I                         ip or
                  location of the lot or parcel of land upon which it is situated.

                  Sign, Illuminated: A sign, or any part of a sign, which is externally or internally illuminated or
                  otherwise lighted from a source specifically intended for the purpose of such illumination or
                  lighting.

                  Sign, Location: A sign which directs attention to the approximate location of an establishment
                  from which the advertised products, service or accommodation may be obtained and not situated
                  upon the premises upon which such establishment is located, one hundred square feet or less in

                  area.


                  Sipn, Political-. A sign not illuminated, two and one-half square feet or less, in which there is
                  presented a candidate or issue, subject to a federal, state or local government plebiscite. Such
                  sign may be erected not more than one month prior to the date of voting and shall be removed
                  within ten days thereafter.

                  Sign, Portable: Any sign that is not permanently affixed to a building, structure, or the ground.

                  Sign, Projecting: A business sign erected, projecting perpendicularly to the building wall surface
                  to which it is attached, no part of which is more than six feet from the wall surface of the
                  building on which such sign is erected.

                  Sign, Public: A sign owned by and erected at the instance of a federal, state or local government
                  agency.

                  Siizn, Sale or Rental: A sign, not illuminated, which designates all or portions of the lot or
                  premises upon which it is located to be for sale or lease. Such signs shall be removed within one
                  week of sale or lease of the lot or premises upon which such sign is situated. The lettering or
                  message on any one side of such sign may be different from any other side.

                  Sign, Subdivision or Entrance: A sign, not illuminated, sixty square feet or less in aggregate area
                  identifying a subdivision or business and located thereon at the entrance to such subdivision or
                  business. Such sign shall be not greater in height than six feet and shall be set back from any
                  right-of-way for proper sight distance.

                  Sign, Tempo M Directional: A directional sign erected for a period of not more than ten days.

                  Sign, Tempo M Event: A sign, not illuminated, describing a seasonal, brief or particular event
                  or activity to be or being conducted upon the lot or premises upon which such sign is located.
                  Such sign may be erected not more than one month before the event or activity described, shall
                  be removed within one week of its conclusion, and in no event shall such sign be displayed for


                                                                   26








                                      Town of Cheriton Zoning Ordinance - Adopted August 1& 1994 - Amended May 1& 1995

                  a period longer than six months in any one calendar year.

                  Sign, Wall: A business sign erected or painted on a building front visible       from the exterior
                  thereof, no part of which is more than twelve inches from the surface of the building on which
                  it is erected; such sign may be illuminated.

                  Site Development Plan:       Detailed drawings indicating all building construction and land
                  improvements, including landscape treatments and related information required by this ordinance.
                                          I                                                         I

                  Specifications: A detailed, precise presentation of the materials and procedures to be employed
                  in the construction of all physical improvements required by the applicable ordinances of the
                  County or the Town.

                  Start of Construction: The date the building permit is issued, provided the actual start of
                  construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is
                  within 180 days of the permit date. The actual start means either the first placement of
                  permanent construction of a structure on a site, such as the pouring of slab or footings, the
                  installation of piles, the construction of columns, or any work beyond the state of excavation; or
                  the placement of a manufactured home on a foundation. Permanent construction does not include
                  land preparation, such as clearing, grading and filling; nor does it include the installation of
                  streets and/or walkways; nor does it include excavation for a basement, footings, piers, or
                  foundations or the erection of temporary forms; nor does it include the installation on the
                  property of accessory buildings, such as garages or sheds not occupied as dwelling units or not
                  part of the main structure. For a substantial improvement, the actual start of construction means
                  the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or
                  not the alteration affects the external dimensions of the building.

                  Store: See "Retail Stores and Shops" as defined in this section.

                  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 be no floor above it, the space between
                  the floor and the ceiling next above it.

                  Street: A dedicated strip of land or right-of-way subject to vehicular and/or pedestrian traffic
                  providing means of access of property.

                  Street (Arterial): A highway utilized prima*n*ly as a supplement to, and as an extension of, the
                  interstate highway system, defined in the Virginia State Highway Commission Standards as an
                  arterial highway. A minimum right-of-way of one hundred feet is required.

                  Street (Collector): A street that carries or is anticipated to carry a volume of through traffic
                  exceeding four hundred vehicles per day, the right-of-way of which shall not be less than fifty
                  feet nor more than eighty feet depending upon existing or anticipated traffic volume.

                  Street (Local): A street that carries or is anticipated to carry a volume of traffic less than four


                                                                  27










                                     Town of Cheriton Zoning Ordinance - Adopted August 18. t994 - Amended Niav 18. 1995


                                          Article IV - Administration and Enforcement


                 Section 4-1 -Zoning Administrator: This ordinance shall be administered by the Zoning
                 Administrator who shall be appointed by the Town Council and 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.


                 Section 4-2 Zoning Clearance: It shall be unlawful to use land or structures or to alter or erect
                 structures until a zoning clearance is obtained from the Zoning Administrator. If an activity
                 requires a building permit, the Zoning Administrator shall review the application for the zoning
                 clearance and sign off on the building permit before such pen-nit is issued. Where site plan
                 review is required, the application for zoning clearance may be incorporated into the application
                 for site plan review, in which case the requirements for site plan review in Article 16 herein shall
                 appl y. The intent of the zoning clearance is to show that land and uses of land and structures
                 are in conformity with the provisions of this ordinance.

                 A.      Applic ition for Zoning Clearance - An application for zoning clearance shall contain the
                         following:


                         (1)     Name, address, and phone number of the applicant.
                         (2)     Signature of the applicant attesting to the truth of all information required.
                         (3)     Zoning district.
                         (4)     Three plot plans drawn to scale, showing lot dimensions, location and size
                                 of existing and proposed structures and uses, yard dimensions, easements,
                                 and street and highway rights-of-way.
                         (5)     Such other information as may be required by the Zoning Administrator
                                 in order for him to determine conformance with this ordinance.


                 B.      Approval of Zoning Clearance - Within thirty days of receipt of the application, the
                         Zoning Administrator shall approve or disapprove the application. One copy of the plot
                         plan shall be returned to the applicant along with the zoning clearance or a written denial
                         and reasons for denial. Zoning clearances incorporated into building permits and/or site
                         plan review procedures shall expire in the same manner as building permit and/or site plan
                         approval.


                 Section 4-3 Special Use Permits: T      he Cheriton Town Council may grant a special use permit
                 where such special use or structure is permitted by the terms of this ordinance. The Town


                                                                   I
                                                                   3 4








                                       Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended '.vbv 18, 1995

                   Council may -rant, deny, or grant conditionally the permit.

                   A.      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:


                           (1)    Tile applicant shall submit an application to the Town Council through the
                                  Z
                                      I Y Administrator in the same manner as in requesting a zoning
                                    on'nL
                                  clearance. Such application shall be accompanied by evidence that the
                                       if
                                  spec ic criteria set forth in the ordinance for the special use requested will
                                  be met.


                           (2)    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 Council.


                           (3)    Within sixty days of the first meeting of the Town Council after receipt of
                                  the application, the Town Council shall hold a public hearing after notice
                                  in accordance with Section 15.14' ) I of the Code of Virginia, as amended.

                           (4)    The Town Council shall review the recommendation of the Zoning
                                  Administrator or any other reports, visit the site if appropriate, and meet
                                  with the applicant.

                           Section 4-3.1 Conditions and Bonds: The Cheriton 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:
                                                      I                                                                          I
                           A.     Abatement or restriction of noise, smoke, dust, vibration, odors, wastes, or other
                                  elements that may affect abutting or adjacent properties.

                           B .    Establishment of setbacks, (side, front, and rear) area requirements necessary for
                                  orderly expansion and for preventing traffic congestion.

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

                           D.     Providing adjoining property with a buffer fence or line of evergreens or shield
                                  from view of the proposed use and/or structure.

                           E.     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.

                           F.     Establishment of a time limit for expiration after which the permit shall no longer


                                                                    35









                                     Town of Cheriton Zoning Ordinance - Adopted Auj!ust 18, 1994 - Amended 'May 18, 1995

                                 be valid or shall require renewal. Furthermore, the Town Council may require a
                                 bond, in a reasonable amount determined by the Town Council to insure
                                 compliance with the terms and conditions of any special use permit.

                         Section 4-3.2 Review Standards: The Cheriton 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's Comprehensive
                                 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.

                         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.

                         Section 4-3.3 Effect of Anproval: 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 Chen'ton Town Council. The approval of special use permits shall
                         be valid for a period of eighteen (18) months after the date of approval by the Town
                         Council. Within the eighteen (18) month period, a building permit and/or zoning
                         clearance shall have been approved and issued and construction or use commenced within
                         one (1) year thereafter. Failure to comply with the above requirement shall cause the
                         subject's special use permit to be null and void and the holder of said special use permit
                         shall be so notified. This time provision does not apply to special use permits approved
                         prior to the effective date of this amendment.

                         Section 4-3.4 Reconsideration of Applications: A property owner or other petitioner
                         who has filed for a special use permit may not submit substantially the same application
                         for special use within a period of twelve (12) months from the date of the original denial
                         by the Cheriton Town Council.


                 Section 4-4 Special Use Permit Approval Guidelines: Uses permitted by Special Use Permit,
                 as listed in the zoning district provided for, shall be permitted subject to all the other


                                                                  3 6








                                     Town of Cheriton Zoning Ordinance - Adopted August 18. 1994 - Amended Mav 18. 19"-

                  requirements of this ordinance, only upon the obtaining of a special use permit from the Cheriton
                  Town Council. The Town Council shall issue a permit for such use if it finds that the use for
                  which the permit is sought:

                  A.     Will not be hazardous or injurious to, or In conflict with the predominant character of the
                         neighborhood considering the size and location of the use, the nature and intensity of the
                         operation involved or conducted in connection with It, its site layout and its relation to
                         roads giving access to it;

                  B.     Will not adversely affect the health and safety of persons residing or working in the
                         neighborhood of the proposed use;

                  C.     Will not be detrimental to public welfare or injurious to property or *improvements in the
                         neighborhood;

                  D.     Will be in accord with provisions of the ordinance and the plan of use and development
                         embodied therein, as well as in accord with such comprehensive plans or parts thereof
                         from time to time adopted by the governing body;

                  E.     Will not adversely effect surface or around water.


                  Section 4-5 Enforcement: All departments, officials, and public employees of the Town of
                  Cheriton and/or Northampton County which are vested with the duty or authority to issue permits
                  or licenses shall conform to the provisions of this ordinance. Any permit issued in conflict with
                  the provisions herein shall be null and void.


                  Section 4-6 Violations: Any person may file a written complaint with the Zoning Administrator
                  concerning violation of this ordinance. Such complaint shall state fully the causes and basis
                  thereof. If the Zoning Administrator finds upon investigation that any of the provisions of the
                  ordinance are being violated, he shall notify by certified mail the person responsible for such
                  violation, indicating the nature of the violation and ordering the violation corrected within a
                  reasonable period of time, as determined by the Zoning Administrator and may take any        action
                  authorized by law to insure compliance with or prevent further violation of the provisions of this
                  ordinance. The Zoning Administrator may grant an extension of the time if he deems such
                  extension justified in the circumstances of the case and such extension will not, in his opinion,
                  cause substantial peril of life, health, or property.


                  Section 4-7 Penalties: Any person, firm or corporation, whether as principal, agent, employed
                  or otherwise, violating or causing or permitting the violation of this ordinance shall be guilty of
                  a misdemeanor and, upon conviction thereof, may be fined not less than ten dollars ($10.00) nor
                  more than one thousand dollars ($1,000.00). Such person, firm, or corporation shall be deemed
                  to be guilty of a separate offense for each and every day the offense continues, or is permitted


                                                                  -3 7









                                   Town of Cheriton Zoning Ordinance - Adopted August 18, 1"4 - Amended May t8. 1995

                 by such person,  Irm, or corporation and shall be punishable as herein provided.


                 Section 4-8 Fees and Charges: The following fees shall be imposed at the time of application
                 for the following zoning matters.
                                I

                 A.     Zoning Map Amendments - $3340-00
                 B.     Special. Use Permits - $150.00
                 C.     Variances - $100.00
                 D.     Appeals - $100.00
                 E,     Zonine. Clearances at the time of building permit application or otherwise - no fee
                 F.     Site Plan Submittals as required under Article 16 - Actual cost of processing with a
                        $400.00 initial down payment
                 G.     Planned Unit Development Petitions - Actual cost of processing with a $500.00 initial
                        down payment.




                                             Article V - Amendments and Appeals


                 Section 5-1 Amendments to the Zoning Ordinance: The Cheriton Town Council may, from
                 time to time, after examination, review and public hearing herein, amend, supplement, modify,
                 or repeal the provisions herein or subsequently established.

                 A.     Initiation of Amendments - Proposals for amending this ordinance may be initiated by
                        resolution of the Town Council or by motion of the Planning Commission, or by
                        application of the owner, contract owner, or optionee of the subject property in the Town
                        of Cheriton.


                 B.     Procedure for Amending - In order for the provisions of Section 7-1 to be interpreted
                        relative to any given zoning map amendment, specific information is needed for the
                        evaluation and testing of said zoning map amendment. Therefore, in keeping with title
                        15. 1, Chapter 11, Articles III and VHI of the Virginia State Codes, as amended, the
                        following information shall be submitted along with the standard petition for rezoning of
                        land in the Town of Cheriton. However, such development plan or portions thereof need
                        not be submitted where the Zoning Administrator has determined that such plan or portion
                        thereofis not necessary to the adequate review of the rezoning application.

                        (1)    Two (2) copies of an application on forms provided by the county, completed and
                               signed by the applicant.

                        (2)    Two (2) copies of a certified plat of the subject property with the boundaries
                               outlined in red. The certified plat shall show:









                                       Town of Cheriton Zoning Ordinance - AdoPted August 1& 1994 - Amended May 18, M5

                                   a.     Metes and bounds of all property lines, and bearings and distance of each
                                          zoning district.

                                   b.     Total area of property presented in square feet or acres.

                                   C.     Scale and north arrow.


                                   d.     Location of al I existing buildings and structures.

                                   e.     Names and route numbers of all boundary roads or streets, and the width
                                          of existing right(s)-of-way.

                                   f.     Seal and signature of person preparing the plat.


                           (3))    Two (2) copies of a legal description of the property, including metes and bounds
                                   of each zoning district proposed.

                           (4)     One (1) copy of the current Town of Cheriton Zoning Map covering the area of
                                   the application, one inch equals five hundred feet (1"=500'), showing:

                                   a.     Boundaries of the subject property outlined in red.

                                   b.     Major thoroughfare access to the property and any known plans for future
                                          widening as indicated in the adopted comprehensive plan or a plan
                                          prepared by the Virginia Department of Highways and Transportation.

                                   If more than one (1) Zoning Section Sheet is required to cover the subject
                                   property, such sheets shall be attached so as to create an intelligible map.

                           (5)     An application filed by an agent, contract purchaser or lessee shall include a
                                   written statement signed by the property owner indicating his endorsement of the
                                   application.

                           (6)     Three (3) copies of a written statement of justification, dated and signed and the
                                   following information:

                                   a.     Existing topography.with a maximum contour interval of five (5) feet.

                                   b.     A schematic land use plan, at the appropriate scale, showing the proposed
                                          traffic circulation plan including major streets and major pedestrian, bike
                                          and/or bridle paths; all proposed major open space areas; limits of clearing;
                                          the general location of all proposed community and public facilities and the
                                          generalized proposed plan for all water, sanitary waste facilities and
                                          drainage improvements.


                                                                    .)9










                                    'rown of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended Mav 18. 1995


                                  C.   A delineation of those -eneral areas that have scenic assets or natural
                                                                1-.1
                                       features deserving of protection and preservation, and a statement of how
                                       such will be accomplished.

                                  d.   A statement explaining the relationship of the development to the adopted
                                       comprehensive plan of the town.

                                  e.   A statement or visual presentation of how adjacent and neighboring
                                       properties shall be protected from any adverse effects prompted by the
                                       proposed development, to include vehicular access plans, proposed measure
                                       of screening in accordance with the provisions of Article 16, and
                                       dimensions of all peripheral yards that will be provided.
                                  f.   A statement setting forth the maximum height of all proposed buildings in
                                       the development, and the general location of all those buildings where the
                                       height is proposed to exceed forty (40) feet.

                                  G.   A statement or presentation setting forth the maximum number of dwelling
                                       units proposed, and the density and the open space calculations.

                                  h.   A statement that the proposed development conforms to the provisions of
                                       all applicable ordinances, regulations and adopted standards or, if any
                                       waiver, exception or variance is sought by the applicant, such shall be
                                       specifically noted with the justification for such modification.

                                  I.   A statement of those special amenities that are proposed within the
                                       development.

                                       A statement of the public improvements, both on and off-site, that are
                                       proposed for dedication and/or construction, and an estimate of the timing
                                       of providing such improvements.

                                  k.   A statement setting forth the proposed approximate development schedule.

                                  1.   Any additional information that the applicant may desire to proffer in the
                                       consideration of the application.

                                  M.   Where applicable, any other information as may be required by the
                                       provisions of Article 7. 1.

                         (7)      If the proposed amendment is for rezoning to a PUD district, twenty-eight (28)
                                  copies of a development plan.

                         (8)      An application fee as provided for in Section 4-8.

                         (9)      A fiscal (cost/revenue) study of the impact on the town.


                                                                 40








                                       Town ,I Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended \iav 18. 1"-,-

                           (10)    Evidence of submitting necessary information to the staff of the State Water
                                   Control Board or State Health Department, as appropriate, regarding any sanitary
                                   outfall, package plant, lagoon system or mass drainfield.

                           (11)    Any proffers which the applicant may wish to present to ease any detrimental
                                   impact on the Town. The application will not be judged complete by the Zoning
                                   Administrator until such information is received and deemed complete. Once
                                   deemed complete, the Administrator shall have thirty (30) calendar days to review
                                   such information and prepare a staff report after which the required public hearing
                                   can be scheduled before the planning commission under applicable laws governing
                                   same.


                           (12)    After notice and public hearing in accordance with Section 15.1-4331 of the Code
                                   of Virginia, as amended, the Planning Commission shall consider the proposed
                                   amendment and submit a recommendation, along with plats and explanatory
                                   materials to the Town Council.          If the Commission fails to submit a
                                   recommendation to the Town Council      within sixty (60) days of the first meeting
                                   of the Planning Commission after the    proposed amendment has been referred to
                                   it, the Planning, Commission shall be deemed to have approved the proposed
                                   amendment.


                             13)   The Town Council shall consider the proposed amendment after notice and public
                                   heariniz in accordance with Section 15.1-43 ) I of the Code of Virginia, as amended,
                                   and shall take action within (60) days from the date of the public hearing. The
                                   Town Council and the Planning Commission may hold a joint public hearing.

                           (14)    After the public hearing, the Town Council may make appropriate changes or
                                                           I
                                   corrections in the proposed amendment provided that no additional land may be
                                   zoned to a different classification than was contained in the public notice required
                                   by Section 15.14-3 )1 of the Code of Virginia, as amended.

                           (15)    Each motion of intent to amend by the Town Council or Planning Commission
                                   shall state the public purpose therefore.


                   Section 5-2 Special Conditions: In addition to the regulations provided for the zoning districts
                   by this ordinance, the Town Council may adopt, as part of an amendment to the zoning map,
                   reasonable conditions when such conditions shall have been proffered in writing, in advance of
                   the public hearing, by the owner of the property submitting the zoning map amendment. Once
                   proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall
                   continue in full force and effect until a subsequent amendment changes the zoning ordinance,
                   provided, however, that such conditions shall continue if the subsequent amendment is part of a
                   comprehensive implementation of a new or substantially revised zoning ordinance (Code of
                   Virginia, Section 15.1-491 (a), as amended).



                                                                    41










                                    Town of Cheriton Zoning Ordinance - Adopted August 18. 1"4 - Amended isl2v 18. 1995

                 Section 5-3 Reconsideration of Applications: A property owner or other petitioner to amend
                 this ordinance may not submit substantially the same application for amendment within a period
                 of twelve (12) months from the date of the original denial by the Town Council.


                 Section 5-4 Appeals: Any persons or agency allegedly aggrieved by a decision, order,
                 requirement, or determination of the Zoning Administrator in the administration or enforcement
                 of this ordinance may appeal such decision to the Board of Zoning Appeals in accordance with
                 the provisions of Article 6 hereof

                 Any persons or agency allegedly aggrieved by a decision, order requirements, or determination
                 of the Board of Zoning Appeals, the Town Council, the zoning, administrator, or any other
                 officers or department of the Town of Cheniton and/or Northampton County may appeal such
                 decision to the Circuit Court of Northampton County, Virginia, in the manner prescribed by
                 Virginia State Law.


                 Section 5-5 Withdrawal of Rezoning Petitions: A petitioner for rezoning may withdraw his
                 petition from consideration prior to the Planning Commission or Town Council's action, if said
                 Planning Commission or Town Council permit such withdrawal "Without Prejudice" and not be
                 affected by Section 5-3) above.



                                             Article VI - Board of Zoning Appeals

                 Section 6-1 C.omposition of Board of Zoning Appeals: A Board of Zoning Appeals consisting
                 of five members shall be appointed by the Circuit Court of Northampton County, Virginia. The
                 term of office of the original members of the Board of Appeals shall be for five years except that
                 the original appointments shall have been made for such terms so that the term of one member
                 shall expire each year. One member of the Board of Zoning Appeals may be a member of the
                 Planning Commission, however, no member shall hold any public office. Members of the Board
                 of Zoning Appeals may receive such compensation as may be authorized by the Town Council.

                 Appointments for vacancies. occurring other than by expiration of term shall in all cases be for
                 the unexpired term. A member whose term expires shall continue to serve until the successor is
                 appointed and qualified. Members shall be removed for cause as provided in Section 15.1-494
                 of the Code of Virginia, as amended.


                 Section 6-2 Procedures: The Board of Zoning Appeals shall follow the procedures as provided
                 in Section 15.1-494.


                 A.      The Board of Zoning Appeals shall adopt rules as it may deem necessary to carry out the
                         duties imposed by this ordinance, such rules being in accordance with the provisions of


                                                                 42








                                    Town of Cheft.n Zoning Ordinance - Adopted August 18, 1994 - Amended '%Inv 18, 1995

                        this ordinance and other ordinances of the County, Town and general laws of the State
                        of Virginia.

                 B.     The Board of Zoning Appeals shall elect annually a Chairman and Vice-Chairman from
                        its own membership. The Chairman may administer oaths and compel the attendance of
                        witnesses. The Vice-Chairman shall act in the absence of the Chairman.

                 C.     The meetings of the Board of Zoning Appeals shall be held at the call of the Chairman
                                                              I
                        and at such other time as a quorum of the Board of Appeals may determine.

                 D.     All meetings of the Board of Zoning Appeals shall be open to the public.

                 E.     The Board of Zoning Appeals shall keep a full public record of its proceedings, showing
                        the vote or failure to vote of each member on each question.

                 F.     The concurring vote of a majority of the members shall be necessary to reverse any
                        decision, order, requirement, or determination of an administrative official or to decide
                        in favor of the application on any matter which comes before the Board of Zoning
                        Appeals.

                 G.     Any member of the Board of Zoning Appeals shall be disqualified to act upon a matter
                        before the Board of Zoning Appeals with respect to property in which the member has
                        an interest.


                 H.     A quorum shall be at least three members.


                 Section 6-3 Powers and Duties: The powers and duties of the Board of Zoning Appeals shall
                 be the following, as provided by Section 15.1-495 of the Code of Vir ni, as amended:
                                                                                        gi 11,

                 A.     Administrative Review - The Board of Zoning Appeals shall hear and decide appeals from
                        any decision, order, requirement, or determination of any administrative official in the
                        administration or enforcement of this ordinance.


                 B.     Appeals - An appeal to the Board of Zoning Appeals may be taken by any person
                        aggrieved or by any officer, depatiment, board, or bureau of The Town of Cheriton
                        affected by any decision of the Zoning Administrator. Such appeal shall be taken within
                        thirty days after the decision appealed from and shall follow this procedure:

                        (1)    Applications specifying the grounds for appeal shall be filed with the Secretary of
                               the Board of Zoning Appeals who shall refer the application to the Board of
                               Zoning Appeals and to the Zoning Administrator.

                        (2)    The Zoning Administrator shall transmit to the Board of Zoning Appeals all the
                               paper constituting the record upon which the action appealed from was taken.


                                                                4 3









                                      Town of Cheriton Zoning Ordinance - Adopted August M 1994 - Amended May 18, 1995

                                  An appeal shall stay all proceedings in furtherance of the action appealed from
                                  unless the Zoning Administrator certifies to the Board of Zoning Appeals that by
                                  reason of facts stated in the certification a stay would in his opinion cause
                                  imminent peril of life or property, in which case proceedings shall not be stayed
                                  otherwise than by a restraining order granted by the Board of Zoning Appeals or
                                  by a Court of Record, on application and notice to the Zoning Administrator and
                                  for wod cause shown.


                          (4)     The Board of Zoning Appeals shall fix a reasonable time for the hearing of
                                  appeals or other matters referred to said Board. After notice and public hearing
                                  as required by Section 15.1-43 )1 of the Code of Virginia, as amended, the Board
                                  of Zoning Appeals shall decide the matter within sixty days from the date of such
                                  public hearing.

                          (5)     Each application for an appeal shall be accompanied by payment of a fee to be
                                  determined by the Town Council to help defray the cost of publicizing and
                                  conducting the public hearing.

                          (6)     In exercising its powers, the Board of Zoning Appeals may in conformity with the
                                  provisions of this ordinance, reverse or affirm, wholly or in part, or may modify
                                  the decision, order, requirements, or determination of the Zoning Administrator
                                  and to that end shall have all the powers of the Zoning Administrator and may
                                  issue or direct the issuance of a zoning clearance.

                  C.      Variances - The Board of Zoning Appeals may grant upon appeal or original application
                          in specific cases such variance from the terms of this 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 this ordinance
                          shall be observed and substantial justice done. In authorizing a variance, the Board of
                          Zoning Appeals may impose such conditions regarding the location, character, and other
                          features of the proposed structure or use as it may deem necessary in the public interest
                          and may require a guarantee or bond to insure that conditions imposed are being and will
                          continue to be complied with. No variance shall be granted until the Board of Zoning
                          Appeals has held a public hearing and given public notice in accordance with Section
                          15.1-4-31 of the Code of Virginia, as amended. No variance shall be granted until the
                          Board of Zoning Appeals finds and is satisfied:

                          (1)     That the property owner acquired his property in faith but by reason of the
                                  exceptional narrowness, shallowness, size, or shape of the specific piece of
                                  property at the effective date of this ordinance; by reason of exceptional
                                  topographic conditions; or by reason of other extraordinary situations or conditions
                                  of such piece of property or of the use or development of property immediately
                                  adjacent thereto, the strict application of the terms of this ordinance would
                                  effectively prohibit or unreasonably restrict the use of the property or there exists
                                  a clearly demonstrated hardship approaching confiscation, as distinguished from


                                                                   44








                                       Town of Cheriton Zonine Ordinance - Adopted August 18. 1994 - Amended Mav 18. 1995

                                  a special priviley-e or convenience sought by the applicant.

                           (2)    That the strict application of this ordinance would produce undue hardship.

                           (3)    That such hardship is not shared generally by other properties in the same zoninc,
                                  district and the same vicinity.

                           (4)    That the authorization of the 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.

                           (5)    That the condition or the situation 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 this ordinance.

                  D.       frite1pretation of the Zoning District Boundaries - The Board of Zoning Appeals may hear
                           and decide applications for interpretation of the district boundaries where there is any
                           uncertainty as to the location of the district boundary. The Board of Zoning Appeals shall
                           interpret the map in such ways as to carry out the intent and purpose of this ordinance for
                           the particular district in question, however, it shall not have the power to change
                           substantially the locations of district boundaries as established by ordinance.


                  Section 6-4 ApMals from the Board of Zoning Appeals: Any person or persons, taxpayer,
                  officer, department, board, or bureau of the Town of Cheriton jointly or severally aggrieved by
                  any decision of the Board of Zoning Appeals may present to the Circuit Court of Northampton
                  a petition specifying the grounds on which aggrieved within thirty days after the filing of the
                  decision in the office of the Board of Zoning Appeals.

                  A.       Upon presentation of such petition, the court shall allow a "writ of certiorari" and shall
                           prescribe therein the term within which a return thereto must be made and served upon
                           the defense attorney, which 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
                           application, on notice of the Board of Zoning Appeals, and due cause shown, grant a
                           restraining order.

                  B.       While not required to return the original paper acted upon by it, the Board of Zoning
                           Appeals may be required by such writ to return certified swom copies thereof or of
                           portions thereof The return shall concisely set forth such other facts as may be pertinent
                           and material to show the grounds of the decision, appeals from, and shall be certified.

                  C.       If, upon 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 continue a part of the proceedings upon which the


                                                                    45









                                     Town of Cherilon Zoning Ordinance - Adopted Augu%t M. 1994 - Amended Mav 18. 1995


                         determination of the court shall be made.


                  D.     The court mav reverse or affirm, wholly or partly, or mav modify the decision brought
                         up for review.



                                    Article V11 - Zoning Guidelines and Conditional Zoning

                  Section 7-1 -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 to 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 Comprehensive Plan, land use, coastal management and environmental
                         objectives.


                  Section 7-2     Supplemental Considerations and Regulations:              Rapid development of
                  employment, residential and commercial facilities in the Town of Cheriton and the resulting
                  impact on existing public facilities, highways and other necessary public facilities and services
                  and natural resources could exceed the Town's ability to provide for such facilities. Therefore,
                  under authority of Section 5.2 of this ordinance and Section 15.1-491 of the Code of Virginia,
                  as amended, the Town Council may impose conditions, including reasonable employment
                  limitations, to ease the effect of rezoning land on the general public and on the Town's natural
                  resources.


                         Section 7-2.1 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
                         amendment, and provided that said conditions are accepted by the governing body as a
                         condition to said amendment of the zoning map. Said 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 the
                         Town Council. (See Section 5-2)




                                                                   46








                                       Town of Cherit.. Zoning Ordinance - Adopted August 18, 1994 - Amended Mnv 18, 19"--

                   Section 7-3    Conditional/Contractual Zoning - Procedure:

                   A.      Once a rezoning petition has been filed and accepted by the Zoning Administrator. it shall
                           be reviewed in keeping with the guidelines as found in Section 7-1 herein by the Zoning
                           Administrator. The Zoning Administrator shall prepare a report and recommendation for
                           presentation to the Planning Commission, a copy of which shall be transmitted to the
                           applicant.


                   B.      The Zoning Administrator's report, if found proper. shall indicate those conditions that
                           are deemed necessary to ease the impact on the Town.

                   C.      The Planning Commission, at a duly conducted public hearing, shall consider the Zoning
                           Administrator's recommendations and discuss same with the applicant. The Commission
                           shall forward their recommendations on the zoning petition to the Town Council for
                           action.


                   D.      After the recommendation of the Commission is made and prior to the Town Council's
                           public hearing on the petition, the petitioner shall proffer in writing his agreement or non-
                           agreement with the recommended conditions. Said proffer shall be addressed to the Town
                           Council.


                   E.      Once there is an agreement on the proffered conditions by the Town Council and the
                           petitioner and the rezoning petition is approved with said proffered conditions, said
                           proffers shall be recorded in the Clerk of the Circuit Court's office as a lien on said
                           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.



                                             Article VM - "R-20" - Residential District


                   Section 8-1 Intent: The "R-20" District is intended to provide for suburban density residential
                   development where such development presently exists or where the Town wishes to encourage
                   such development.

                   Section 8-2 Permitted Principal Uses and Structures: The following uses and structures shall
                   be permitted as a matter of right in the "R-20" District, subject to the other requirements of this
                   ordinance:


                   A.      Single-family dwellings, including summer homes or dwellings held for seasonal,
                           recreational, or occasional use; modular and sectional dwellings.

                   B.      Accessory uses and structures.



                                                                     47









                                      To-. of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended Mav 18, t994-

                  C.      Agriculture I including the growing of forest, fruit, field and vegetable crops, but excluding
                          --rain dryers, feeder lots, dairy barns, agricultural lagoons, poultry and hog houses, kennels
                          17
                          and other structures or areas involving the concentrated handling or containment of
                          animals or fowl.


                  D.      Conservation areas, including wildlife reservations and demonstration forests.

                  E.      Parks and Playgrounds.

                  F.      Signs, subject to the provisions of Article 15 hereof.

                  G.      Home occupations, as defined.

                  H.      Day care or nursery services for less than six (6) children.

                  1.      Drainage, erosion and flood control structures and devices.

                  J.      Public Utilities: Poles, lines, transformers, pipes, meters and similar facilities; water and
                          sewer distribution lines.


                  K.      Cluster Development, subject to Section 18-11 hereof

                  L.      Churches.


                  M.      Country Clubs, golf courses, swim and tennis clubs.

                  N.      Condominiums, subject to Section 18-13).

                  Section 8-3 Special Uses and Structures: The following principal uses and structures may be
                  permitted as a special use in the R-20 District in accordance with the provisions of Section 4
                  hereof


                  A.      Day Care Centers.

                  B.      Rehabilitation and Group Homes or Centers.

                  C.      Public services, facilities such as firehouses, rescue stations, government offices, schools
                          and parks, postal facilities.

                  D.      Mobile homes, individual, with petition signed by all owners of land, lots or parcels
                          within 500 feet of a proposed mobile home site stating no opposition.

                  E.      Public Utilities: Public water and sewer transmission mains, trunk lines and treatment
                          facilities, including pumping stations, mass or community subsurface drainfields; electrical
                          power transmission and distribution substations and transmission lines and towers, oil and


                                                                    48







                                               Town of Cheriton Zoning Ordinance - Adopted August 1& 1"4 - Amended ,*%Uv 18, 1"5

                                gas transmission lines and substations, unmanned telephone exchange centers, microwave
                                and radio wave transmission and relay towers and substations.

                       F.       Funeral homes.


                       G.       Rooming and Boarding Houses.

                       H.       Inns, General, and Bed and Breakfast.

                       1.       Accessory dwelling units, provided that all applicable Health Department regulations are
                                met.


                       Section 8-4 Minimum Area. Lot Size, Lot Width, Setbacks and Height Reguirements:

                       A.       Lot Coveraue - Lot coverage for R-20 District shall not exceed 40 percent of the area of
                                the lot.


                       B.       Lot, Minimum Lot Size - Minimum lot size for permitted residential subdivision and
                                dwellings shall be twenty thousand (20,000) square feet.

                       C.       Lot Width - The minimum lot width shall be eighty feet at the building site.

                       D.       Yard Requirements, Minimum Setbacks:
                                                                                                         Primga           AccessoEy
                                (1)      From U.S. Rt. 1')                                                100 ft.           100 ft.
                                (2)      From other Accessways                                            60 ft.             60 ft.
                                (3)      Rear Yard (standard & protected coves) ft.                       35 ft.               6 ft.
                                (4)      Side Yard                                                         15 ft.              6 ft.
                                (5)      Shoreline (exposed waterfront)                                  100 ft.            100 ft.
                                         (NOTE: 75 ft. shoreline setback applies to all
                                         subdivisions recorded prior to October 13. 1987.)

                       E.       Height, Maximum - The maximum height for dwellings shall be 3 )5 feet. (See Section
                                18-7)

                       F.       Comer Lots - Of the two sides of a comer lot, the front shall be deemed to be the shortest
                                of the two sides fronting on streets. The side yard on the side facing the side street shall
                                be thirty-five feet or more for both primary and accessory structures.

                       G.       In cases where a home is to built in an established residential area, the minimum setback
                                of sixty feet may be waived and the setback line may be the average setback of residential
                                structures on either side of the proposed dwelling site.

                       Section 8-5 Off-Street Parking: Off-street parking shall be provided for the uses permitted in
                       keeping with Article 16 hereof


                                                                                 49









                                      Town of Cheriton Zonin2 Ordinance - Adopted August 18, 1994 - Amended Ntav 18, 1"5


                                             Article LX - "R-11" - Residential District


                  Section 9-1    Intent: This residential district and its regulations are intended to protect the
                  essential residential character of the district and to protect against encroachment of commercial
                  or Industrial uses and other uses likely to generate noise, crowds, large concentrations of traffic,
                  li-ht, dust, odors, smoke and other obnoxious influences. It is the further intent that this district
                  be served with public or central water and sewer systems.



                  Section 9-2 Permitted Principal Uses and Structures:

                  A.      Sintile-familv, Modular and Sectional dwellines.


                  B.      Public Utilities: Poles, lines, transformers, pipes, meters and similar facilities; water and
                          sewer distribution lines.


                  C.      Home occupations, as defined.

                  D.      Day care or nursery services for less than six (6) children.

                  E.      Churches, as defined.


                  F.      Signs as permitted under Article 15 hereof

                  G.      Accessory uses and structures.

                  H.      Cluster development, subject to Section 18-12 hereof

                  1.      Condominiums, subject to Section 18-14.

                  J.      Drainage, erosion and flood control structures.


                  Section 9-3 Special Uses and Structures:

                  A.      Day Care Centers and Nurseries.

                  B.      Public and private schools

                  C.      Public Utilities: Public water and sewer transmission mains or trunk lines and treatment
                          facilities, including pumping stations, mass or community subsurface drainfields; electrical
                          power transmission and distribution substations and transmission pipelines and pumping
                          stations, unmanned telephone exchange centers, microwave and radio transmission and
                          relay towers and substations.



                                                                    50








                                                 Town 411 Cheriton Zoning Ordinance - Adopted Au2ust 18. 1994 - Amended May 18, 199;

                        D.        Parks and playgrounds, country clubs, golf courses, swim and tennis                           clubs.

                        E.        Duplex units.

                        F.        Mobile homes, Individual, with petition sigried by all owners of land. lots or parcels
                                  within 500 feet of a proposed mobile home site stating no opposition.

                        G.        Fire and Rescue stations.


                        H.        Funeral homes.


                        1.        Accessory dweilin'2 units, provided that all applicable Health Department regulations are
                                  met.



                        Section 9-4 Minimum Area. Lot Size, Lot Width. Setbacks and Height Reguirements:

                        A.        Lot Coverage - Lot coverage for R- I I District shall not exceed 40 percent of the area of
                                  a lot.


                        B.        Minimum Lot Size - Minimum lot size for permitted residential subdivisions and
                                  dwellmas shall be eleven thousand square feet with public or central sewer and water
                                  system and twenty thousand square feet with either a public or central water or sewer
                                  system, but not both.

                        C.        Lot Width - The minimum Ilot width shall be sixty feet at the building site, except comer
                                  lots which shall have a width of eighty-five feet.

                        D.        Yard Reguirements. Minimum Setbacks

                                                                                             Prima[y           Accessorv
                                  (1)   From U.S. Route 13                                   100 ft.             100 ft.
                                  (2)   From Other Accessways                                 25 ft.              25 ft.
                                  (3)   Rear Yard (standard & coves)                          3 5 ft.               6 ft,
                                  (4)   Side Yard                                             10 ft.                6 ft.
                                  (5)   Shoreline (exposed waterfront)                       100 ft.             100 ft.
                                        (NOTE: 75@ shoreline setback applies to all
                                        subdivisions recorded prior to October 13, 1987.)

                        E.        Height, Maximum - The maximum height for dwellings shall be thirty-five feet. (See
                                  Section 18-7)

                        F.        Comer Lots - Of the two sides of a comer lot, the front shall be deemed to be the shortest
                                  of the two sides fronting on streets. The side yard on the side facing the side street shall
                                  be thirty-five feet or more for both primary and accessory structures.


                                                                                      51









                                     'rown "r Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended May IN. 1995


                 G.      In cases where a home is to be built in an established residential area, the minimum
                         setback of twenty-five feet may be waived and the setback line may be the average
                         setback of residential structures on either side of the proposed dwellinu@ site.


                 Section 9-5 Off-Street Parking: Off-street parking shall be provided for the uses permitted in
                 keeping with Article 16. hereof




                                         Article X - "RM" - Residentiai-Mixed District


                 Section 10-t     Intent:   This district is intended to encourage and provide for variety and
                 flexibility in land development for residential purposes and uses ancillary thereto, that are
                 necessary to meet those changes in technology and demands that will be consistent with the best
                 interest of the'rown of Cheriton. It is the further intent to promote economical and efficient land
                 use, an improved level of amenities, appropriate and harmonious varietV in physical development,
                 creative design and a better environment.


                 Section 10-2 Principal Permitted Uses and Structures: The following uses shall be permitted
                 by right in the "RM" district subject to other provisions of this ordinance.

                 A.      Accessory buildings.


                 B.      Churches.


                 C.      Parks and playgrounds.


                 D.      Patio and atrium houses.


                 E.      Public Utilities: Poles, lines, transforming pipes, meters and related or similar facilities;
                         water and sewage distribution lines.

                 F.      Townhouses - sale or rental subject to provision of Section 10-6.

                 G.      Single-family, modular and sectional dwellings.

                 H.      Signs as permitted in Article 15 hereof

                 1.      Home occupations as defined.

                 J.      Multi-family structures with four dwelling units per building.

                 K.      Drainage, erosion and flood control devices.


                                                                   52








                                     Town " cheriton Zoning Ordinance - Adopted August 18. 1994 - Amended \Inv 18, 1995

                  L.     Condominiums subject to Section 18-13.

                  M.     Duplex units, sale or rental.

                  N.     Cluster development in keeping, with the provisions of Section 18-11
                                                        I



                  Section  10-3 Sgecial Uses and Structures:

                  A.     Country clubs, swim and tennis clubs.

                  B.     Educational facilities, public and private.


                  C.     Libraries.


                  D.     Medical clinics and Hospitals.

                  E.     Day Care, Nursery and Community Centers.

                  F.     Professional offices.


                  G.     Public Utilities: Public or central water and sewer transmission mains or trunk lines and
                         treatment facilities and pump stations, and mass or community subsurface drainfields:
                         electrical power and transmission and distribution substations and transmission lines and
                         towers; unmanned telephone exchange centers.

                  H.     Public office buildings and facilities owned or operated by local, state or federal
                         govemments.


                  1.     Fire and rescue stations.


                  I      Nursing homes.

                  K.     Multi-family structures with more than four (4) dwelling units       per building.

                  L.     Accessory dwelling units, provided that all applicable Health Department regulations are
                         met.















                                                                 5 37









                                                Fown of'Cheriton Zoning. Ordinance - Adopted August 18, 1994 - Amended May 18. 1995


                       Section 10-4 Area and Lot Widths: All residential uses within the RM district shall have the
                       following minimum lot area, minimum lots width at the building site, and minimum site
                       development area-.




                       A. Sirisde Farni1v Structures


                                                             Minimum         Minimum               Minimum              Minimum
                                                              Lot Area          Lot              Lot Width              Development
                                                           Sq. Ft./Unit        Width            for comer lots          Area (sq.ft.)


                                With public Nvater
                                and public sewage
                                svstems                       11.000             60@                  607               0


                       (2)      With public water
                                or sewage system
                                but not both                  15.000             70@                  90'               0


                                With individual
                                water and sewaue
                                                              20.000             80'                 100'               0







                       B. Duplex Structures


                                                             Minimuin        Minimum              Minimum               Minimum
                                                              Lot Area          Lot              Lot Width              Development
                       (1)      With public water         Sq. Ft./Unit         Width           for comer lots           Area (sq.ft.)
                                and public sewage
                                svstems                       9.000              65@                   90@              0


                       (2)      With public water
                                or savage system
                                                                                                     115,
                                but not both                  20.000             110,                                   4Q.000


                       (3)      With individual
                                water and sewage
                                svstems                       25@000             110,                135@               50.000













                                                                                    54








                                                    '@,jwiv if Clierition Zoning Ordinance - Adopted Aueust 18. 1994 - Amended May 18, 1995



                           C. Patio and Atrium Homes


                                                                  MimmUln           Minimum               Minimum               Minimum
                                                                  Lot Area             Lot               Lot Width              Development
                                                               Sq. FtA Jnit           Width            Ior comer lots           Area (sq.ft.)
                           (1)     Willi public water
                                   and public sewage
                                   SvStems                         3.600               401                   70'                 36.000


                           (2)     With public water
                                   or sewaue svstem
                                   but not both                    10.000              40@                   70'                 100.000


                           (3)     With individual
                                   water and sewaae
                                   Systems                        Not Permitted



                           D. Townhouses                         Minimum           Minimum                Minimum               Minimum
                                                                 Lot Area             Lot               Lot Width               Development
                                                               ,Sq. Ft./Unit         Width             for comer lots           Area (sq.ft.)
                           1)      With public water
                                   and public sewage
                                   SvStems;                        2.000                18*                  307                20.000


                           (2      With public water
                                   or sewage system
                                   but not both                    1000                 18i                  301                40.000


                           (3)     With individual
                                   water and sewage
                                   systems                     Not Pernlitted



                           E. Multi-Family (Apartments)

                                                                 Minimum.          Minim=                 Minimum               Minimum
                                                                 Lot Area             Lot               Lot Width               Development
                                                               Sq. Ft./Unit          Width            for comer lots            Area (sq.ft-)
                           (1)     With public water
                                   and public sewage
                                   svstems                         37600               140'                  170*               17.000


                           (2)     With public water
                                   or sewage systern
                                   but not both'                   5..500              140'                  170'               25,000

                           (3)     With individual
                                   water and sewage
                                   svstems                       Not Permitted


                                                                                          55










                                               "own of Cheriton Zoning, Ordinance - Adopted August 18. 1994 - Amended Nlav 18, 1995


                      Section 10-5 Minimum Yard (Setback) Requirements: All structures within the RM
                      district shall have the following minimurn yard and setback requirements.




                      A. Yard Adiacent to a Road or Street            SF/Durtlex      Patio/Atrium Townhouses          Multi-Faindv      Other


                                (1)      Right of way
                                         50" or areater alon(y

                                                       -v
                                         state secondai
                                         private roads.                     35'           30@               10,              45'          60'

                                (2)      Rip-lit of way _50'
                                         or less alona state.
                                         secondary & private
                                         roa&s.                             50'           45*              -1 5'             60'          75'


                                (3)      The rig, fit of wav
                                         of U.S. II & other
                                         primary roads.                     10W           100'             100'              100'         1007



                      B. Minimum For Either Side Yard                       I             None            None               3W           20'


                      C.  Minimum Rear Yard                                 _15@          None              30'              25'          35'


                      D*  Minimum Shoreline Setback for all
                          Primarv and Accessorv Structures*                 10W           100'             10W               10W          100'



                      E. Minimum setback for non-shoreline accessorv structures is not required except no accessory structure
                          shall be located in the required front set back or yard.



                       Note: 75' shoreline setback applies to all subdivisions recorded prior to October 13. 1987.































                                                                                   56








                                        -ro.. w ch,,iton Zoning Ordinance - Adopted August 18, 1994 - Amended May 18, 1W

                    Section 10-6    Specific Use Regulations:

                    A.      Townhouses Supl2iemental Regulations-

                            (1)     Density - No townhouse pr 'ect or portion thereof shall have an overall densitv
                                                                 01
                                    ureater than one dwelling unit per two thousand four hundred (2,400) square feet
                                    of -ross site area. Streets, access easements used as streets and parking areas rnav
                                    not be counted in meeting this two thousand four hundred (2,400) square foot
                                    minimum.


                            (2)     Limitation on number and architectural treatment of units - No more than eight
                                    townhouses shall be included in any one townhouse grouping. The facades of
                                    dwellina units in a townhouse development may be varied by changed front vards
                                    and variation in materials or desi n, so that abutting units need not have the same
                                                                      g
                                    front yard depth or the same or essentially the same architectural treatment of
                                    facades and roof lines.


                            (3)     Access - Each townhouse shall front on a dedicated public street or a thirty-four
                                    foot minimum width access easement. If access is to be provided by means of a
                                    private access easement, the following minimum standards of development shall
                                    be observed.


                                    a.     Pavement width of twenty-four feet minimum, exclusive of parking.

                                    b.     Concrete curb and gutter on both sides of street or easement.

                                    C.     Sidewalks five feet in width on at least one side of the easement and where
                                           townhouses front on the easement. constructed of concrete, brick, stone, or
                                           some other material of reasonable durability and safety.

                                    d.     The radius for all cul-de-sacs shall be at least forty feet and paved to a
                                           minimum radius of thirty-five feet.

                            (4)     Fire walls, party walls, and fire division - Attached dwellings shall be separated
                                    by a wall meeting fire protection requirements as set forth in the Virginia Uniform
                                    Statewide Building Code, as amended.

                            (5)     Common areas - Common areas shall be maintained by and be the sole
                                    responsibility of the developer/owner of the townhouse development until such
                                    time as..the developer/owner conveys such common area to a non-profit entity
                                    consisting of at least all of the individual owners of the townhouses in the
                                    townhouse development. The land shall be conveyed to and be held by the non-
                                    profit entity solely for recreation, open space, private access easements, circulation
                                    and parking purposes. In the event of such conveyance by the developer/owner
                                    to a non-profit entity, deed restrictions and co"Veriants shall' include, among other

                                                                     57









                                    Town of Cheriton Zoning Ordinance - Adopted August 18. 1994 - Amended May 19, 1994

                               things, that any assessments, charges and costs of maintenance of such common
                               areas shall constitute a pro rata lien upon the individual townhouse lots, inferior
                               in lien and dignity only to taxes and bona fide duiy recorded first and second
                               mortgages or deeds of trust on the townhouse lot. Maintenance of buildings'
                               exteriors, landscaping, lighting (other than that in the public right-of-way) and
                               drainage shall be provided for common areas In a similar manner so as to
                               discharsae the County or incorporated town from any responsibility.


                 Section 10-7  Off-Street Parkine: Off-street parking shall be provided for the uses permitted
                 in keeping with Article 16, hereof


                 Section 10-8 Maximum Height of Buildings: The maximum height of all structures shall be
                 forty feet. (See Section 18-6 and 18-7)



                                   Article X1 - "CN" - Commercial Neighborhood District

                 Section 11-1 Intent: This district is intended to provide for the conduct of limited business
                 which provide convenience, goods and services to local neighborhoods surrounding rural areas
                 and within incorporated towns.


                 Section 11-2 Principal Permitted Uses and Structures: The following uses shall be permitted
                 by right:

                 A.     Accessory buildings.

                 B.     Professional and business offices.


                 C.     Banks and lending institutions.

                 D.     Fire and rescue stations.


                 E.     Parking garages and lots.

                 F.     Libraries.


                 G.     Clothes pressing and cleaning shops.

                 H.     Restaurants, enclosed.

                 1.     Signs as permitted under Article 15 herein.


                                                                 58








                                       Town of Cheriton Zoning Ordinance - Adopted August IK 1994 - Amended May I& M5

                   I       Retail service stores such as barber shops, beauty parlors, shoe repair shops, hand
                           laundries, laundromats, establishments for receivin and distributing articles for laundering
                                                                               9
                           or cleaning, blue print, photostat and similar reproduction establishments and printing
                           establishments.


                   K.      Stores for the retail sale, repair (or both) of household appliances, musical instruments,
                           and sporting goods furniture.

                   L.      Stores for the retail sales of antiques and crafts, automobile supplies, books, cigars,
                           clothing and apparel of any kind, dry goods, drugs, garden supplies, gifts, electrical goods
                           and supplies, food and food products of any kind     including, production of bakery goods
                           for retail sale in the same establishment but not including the killing of poultry or any
                           other livestock; furniture, household furnishings and decorator's supplies, hardware, florist
                           goods, luggage and leather goods, office supplies, optical goods, pets and pet supplies but
                           not any veterinary services. Photographic equipment and supplies, variety goods, toys,
                           jewelry, music, stationery, newsstands and similar retail establishments.

                   M.      Public Utilities: Poles, lines, transformers, pipes, meters and similar facilities; water and
                           sewer distribution lines.


                   N.      Radio broadcasting and television stations and studios.

                   0.      Theater (indoor).

                   P.      Taxicab stands.


                   Q.      Virginia ABC Stores.

                   R.      Health spa centers.

                   S.      Educational institutions.


                   T.      Schools of special instruction.

                   U.      Day Care Centers.

                   V.      Community centers.

                   W.      Drainage, erosion and flood control devices and structures.

                   X.      Residential apartments above stores.

                   Y.      Condominiums, subject to Section 18-13.

                   AA.     Sidewalk cafes, restaurants, and coffee shops.


                                                                    59










                                                             Town of Cheriton Zoning Ordinance - Adopted August 18. 1994 - Amended Nlav t8, l"5


                            Section 11-3 Special Uses and Structures:

                            A.           Automobile service stations and laundries.


                            B.           Bowling alleys, roller skating and ice skating rinks, billiard parlors and pool rooms, dance
                                         halls and similar forms of public amusement.

                            C.           Shopping centers - nels,.hborhood, community and regional, subject to Article 18-10 and
                                         other provisions herein.

                            D.           Public Utilities.- Public water and sewer transmission mains, trunk lines and treatment
                                         facilities and pumping stations, and massive or community subsurface drainfields;
                                         electrical power transmission and distribution substations and transmission lines and
                                                          'I and -as transmission lines and substations, unmanned telephone exchange
                                         towers, ol                   _P
                                         centers, microwave and radio wave transmission and relay towers and substations.

                            E.           Funeral parlors, homes.

                            F.           Craft industry.

                            G.           Inns, General, and Bed and Breakfast.


                            H.           Churches.



                            Section 11-4 Minimum Area. Lot Size. Lot Width, Setbacks and Height Requirements:

                            A.           Lot Covera2e - Lot coverage in C-N District shall not exceed 60 percent of the area of
                                         the lot.


                            B.           Minimum Lot Size - None required except as provided for in Article 18 herein.

                            C.           Minimum Lot Width - One hundred (100) feet.

                            D.           Yard Requirements, Minimum Setbacks:

                                                                                                      Primarv                 Accessorv


                                         (1) From U.S. Route 1')                                        100 ft.                  100 ft.
                                         (2) From other roads                                           None                     None
                                         Q )) Rear yard                                                 None*                    None*
                                         (4) Side yard                                                  None*                    None*
                                         (5) Shoreline                                                  100 ft.                  100 ft.
                                         (NOTE: 75* shoreline setback applies to all subdivisions recorded prior to October 13. 1987.)
                                         *Except where a permitted use abuts a residential district where the requirement will be twenty-five (25) feet for side yards and thirm-five (35) feet
                                         for rear yards.



                                                                                                            60






                                      Town of Cheriton Zoning Ordinance - Adopted August 18. M4 - Amended -Mav -18. 1"S
                   E,      Height, Maximum - All buildings - thirty-five (35) feet, provided that a building may be
                           erected to a maximum hei2ht of one hundred feet if it is set back from the street and lot
                           lines (not constituting district boundaries) in addition to each of the required minimum
                           yard dimensions, a distance of not less than two feet for each one foot height that it
                           exceeds the thirty-five foot limit. (See also ArTicle 18)


                   Section t 1-5 Off-Street Parkine and Loading Areas Off-street       parking and loading areas shall
                   be provided for in keeping with Article 16 herein.
                                             I                                                                                I


                                        Article XU - "CG" - Commercial General District


                   Section 12-1 Intent: It is the intent of this district to provide appropriate locations for a broad
                   range of commercial activities which are characterized by heavy truck and vehicle traffic and
                   occasional nuisance factors which are highway oriented.


                   Section 12-2 Principal Permitted Uses and Structures: The following uses and structures
                   shall be permitted by right, subject to other provisions herein".

                   A.      Retail stores and services.
                                                 I   . professional offices, banks and lending institutions, fire and
                           rescue stations, libraries, restaurants, and residential apartments above stores.


                   B.      Automobile service stations.


                   C.      Bowling alleys, roller skating and ice skating rinks, billiard parlors and pool rooms, dance
                           halls and similar forms of public amusement.

                   D.      Shopping centers - neighborhood, community and regional, subject to Article 18 and other
                           provisions herein.

                   E.      Funeral homes.


                   F.      Ambulance services.


                   G.      Hotels and motels.


                   H.      Bakeries.


                   1.      Cabinet-making shops.

                   J.      Catering establishments.



                                                                   61








                                    Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended May 18. 1995

                K.      Retail nurseries and greenhouses.

                L.      Contractors' home office facilities and storage yards, establishments for the installation
                        and servicing of the following: air conditioning; electrical service, flooring, heatinu:
                        interior decorating; painting; plumbing; roofing; tillnij; ventilating; with ail materials
                        stored entirely in buildings enclosed on all sides or within walls or fences, supplemented
                        by plantings, as may be   prescribed by the planning commission.

                M.      Frozen food lockers.


                N.      Grain and feed supply stores.

                0.      Machinery sales and services.

                P.      Ice storage.

                Q.      Monument works.

                R.      Pressing and cleaning shops.

                S.      Printinc, establishments and newspaper publishers.

                T.      Retail sales of garden materials, supplies, hardware, and building material supplies and
                        accessory uses. Display areas may be required to have screening as determined by the
                        planning commission under site plan approval.

                U.      Taxidermist shops.

                V.      Upholstering establishments, furniture repair.

                W.      Veterinary or do- or cat hospitals.

                X.      Auctioneering establishments.

                Y.      Automobile laundries.


                Z.      Automobile parking garages, repair garages.

                AA.     Automobile, truck, boat, motorcycle, trailer service and rentals; sales rooms entirely
                        enclosed on all sides in connection with which there may be outdoor display of vehicles
                        (a) on the same lot therewith, (b) incidental and accessory thereto, and (c) not including
                        the display of any vehicle that is not in operating condition.

                BB.     Farm equipment and machinery sales entirely enclosed on all sides in connection with
                        which there may be an outdoor display of vehicles on the same lot as an incidental use,


                                                                62







                                      Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended May 18, 1995

                          but not to exceed the area of the enclosed sales room.


                  CC.     Drive-in restaurants.


                  DD.     Theaters, enclosed.

                  EE.     Miniature golf and enclosed driving ranges.

                  FF.     Wholesale commercial establishments and warehouses; moving and storage establishments,
                          packing and grading sheds.

                  GG.     Flea markets, wayside stands.

                  HH.     Convention centers.


                  11.     Soft drink bottling plants.

                  ii.     Signs, as permitted under Article 15 herein.

                  KK.     Public Utilities: Poles, lines, transformers, pipes, meters and similar facilities, water and
                          sewer distribution lines.


                  LL.     Drainage, erosion and flood control devices.

                  MM.     Mobile home and travel trailer sales and service.


                  NN.     Condominiums, subject to Section 18-13).

                  00.     Educational institutions, public and private.


                  Section 12-3 Special Uses and Structures: The following uses may be permitted by special
                  use permit:

                  A.      Commercial sports arenas and stadiums.

                  B.      Public Utilities: Public water and sewer transmission mains or trunk lines and treatment
                          facilities and including pumping stations, massive or community subsurface drainfields;
                          electrical power transmission lines and towers, oil and gas transmission lines and pumping
                          stations, unmanned telephone exchange centers, microwave and radio wave transmission
                          and relay towers and substations.

                  C.      Hospital medical centers and nursing homes.




                                                                   63








                                        'rown or Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended May 18, 1995

                   Section 12-4 Minimum Area, Lot Size, Lot Width, Setbacks and Height Requirements:

                   A.       Lot Coverne - Lot coverage in C-G District shall not exceed 60 percent of the area of
                            the lot.


                   B.       Minimum Lot Size - None required except as required for in Article 17 herein.

                   C.       Minimum Lot Width - One hundred (100) feet.

                   D.       Yard Requirements, Minimum-setbacks-


                                                                      Primarv           Accessorv
                            (1) From U.S. Route 13                    100 ft.           100 ft.
                            (2) From other roads                      None              None
                            (3 )) Rear yard                           None*             None*
                            (4) Side yard                             None*             'None*
                            (5) Shoreline                             100 ft.           100 ft.

                            (NOTE: 75' shoreline setback applies to all subdivisions recorded prior to October 0,
                            1987.)


                            *Except where a permitted use abuts a residential district where Lhe requirement will be twenty-five (25) feet
                            for side yards and thirty-Cive (35) feet for rear yardsi.

                   E.       Helaht, Maximum - All structures- thirty-five (35) feet, provided that a building may be
                            erected to a maximum height of one hundred feet if it is set back from street and lot lines
                            (not constituting district boundaries) in addition to each of the required minimum yard
                            dimensions, a distance of not less than two feet for each one foot height that it exceeds
                            the thirty-five foot limit. (See Article 18)


                   Section 12-5 Off-Street Parking and Loading Areas: Off-street parking and loading areas
                   shall be provided in keeping with Article 16 herein.





                                             Article XIH - "EL" - Industrial Limited District



                   Section 13-1 Intent: The purpose of the "IL" Industrial Limited District is to permit light
                   industrial uses in locations served by major transportation facilities and in areas where
                   employment centers close to residential concentrations will reduce traffic congestions and add to
                   public convenience by moving places of work closer to places of residence.



                                                                          64








                                    T.%v. of (-. h'rit.. zoning Ordinance - Adopted August 18, 1994 - Amended Nlav 18, 1995

                 Section 13-2 Principal Permitted Uses and Structures:

                 A.     Research and technical manufacturing and the processing, fabrication, assembly and
                        distribution of products such as computers, scientific instruments, communications and
                        electronics equipment confined to "light industrial components or products."

                 B.     Laboratories; pharmaceutical and/or medical,

                 C.     Research and testing laboratories.

                 D.     Assembly of electrical appliances, radios, phonographs, televisions.

                 E.     Manufacturing of electrical components such as coils, condensers and transformers.

                 F.     Radio or television stations and transmitting devices.

                 G.     Contractor's equipment, storage yard or plant; or rental of equipment used by contractor.

                 H.     Distribution plants, parcel post, beverage and food.

                 1.     Automobile service stations, repair and servicing,

                 J.     The manufacture and assembly of mechanical devices, machines and parts such as toys,
                        .-auges, patterns, models, meters. novelties, wire products, blowers, fans, pumps,
                        compressors, duplicators, vending machines, office machines and other light or small
                        mechanical products.

                 K.     Building material sales yard-

                 L.     Feed and seed sales, distribution and storage yards.

                 M.     Farm implements, sales and service.

                 N.     Grain storage and distribution.

                 0.     Manufacture, processing, fabrication, assembly, distribution of products such as: artist
                        supplies, drafting equipment, jewelry, silverware, musical instrument, watches, clocks,
                        glass products made of purchased glass, surgical, medical and dental instruments and
                        supplies, photographic equipment and supplies including processing and dev elopment plant
                        and tool and die facilities.


                 P      Temporary construction uses.

                 Q.     Public utilities: All necessary utilities to serve the needs of the public.



                                                                65








                                  Town .1 Cheriton Zoning Ordinance - Adopted August 18, t994 - Amended May 18, 1995

                R.     Printing, lithographing or publishing establishments.

                S.     Vocational, technical, and industrial and trade schools.

                T.     Heavy equipment sales and service.

                U.     Accessory uses and structures.

                V.     Signs, as pennitted under Article 15 hereof



                Section 13-3 Special Uses and Structures:

                A.     Ethanol, aasohol or alcohol manufacturing.

                B.     Airport, airstrip, helistop or heliport.

                C.     Truck terminals, related repair and servicing.

                D.     Moving business, including storage facilities.

                E.     Assembly of modular building units.

                F.     Geothermal heating facilities.

                G.     Manufacture of pottery and figurines or other similar products using only previously
                       pulverized clay and kilns fired only by electricity or gas.

                H.     Coal loading and storage.

                1.     Mass or community subsurface drainfields.


                Section 13-4 Tffinimum Area, Lot Size, Lot Width, Setbacks, and Height Requirements:

                A.     Minimum Area - Minimum area required for establishment of an IL District shall be five
                       acres. There shall be no minimum area requirements for additions to established IL
                       Districts, provided such area to be added adjoins and forms a logical addition to the
                       existing EL District.

                B.     Minimum Lot - One acre per use.

                C.     Minimum Lot Width - Two hundred feet.





                                                              66







                                           Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended May 18, 199-5
                     D.       Yard Reouirements, Minimum Setbacks:                        Prima[y                    Accessofy
                              (1)  From U.S. Route `13)                                   200 ft.                    200 ft.
                              (2)  From other access ways                                   75 ft.                    75 ft.
                              (3)  Rear yard                                                50 ft.                    25 ft.
                              (4)  Side yard                                                50 ft.                    2 5 ft.
                              (5)  Shoreline*                                              100 ft.              None Required
                                   *NOTE: 75'    shoreline setback applies to all
                                   subdivisions recorded prior to October 13. 1987.

                              (6) Buffer areas along outer perimeter of zoning district:

                                      a.        "fL" District Abutting Agriculture District:         75-foot buffer area with 25
                                                feet of semi-opaque screening or a reduction to a 50-foot buffer area with
                                                50 feet of opaque screening except when the district abuts a resource
                                                protection area as defined elsewhere in this       ordinance.

                                      b.        "IL" District Abutting Residential District:        100-foot buffer area with 50
                                                feet of semi-opaque screening or a reduction to a 75-foot buffer area with
                                                50 feet of opaque screening except when the district abuts a resource
                                                protection area as defined elsewhere in this ordinance.

                                      C.        "IL" District Abutting an Industrial or Commercial Zone: 25-foot buffer
                                                area with 10 feet of semi-opaque screening or a reduction to a 15-foot
                                                buffer area with 10 feet of opaque screening except when the district abuts
                                                a resource protection area as defined elsewhere in this ordinance.

                                      d.        "IL" District with Frontage on U.S. Route 13 - Lankford Highway and
                                                Secondary Roads: 100-foot buffer area with 25 feet of semi-opaque
                                                screening or a reduction to a 75-foot buffer area with 50 feet of opaque
                                                screening except when the district abuts a resource protection area as
                                                defined elsewhere in this ordinance.


                                      e.        "EL" District Abutting a Rail Road: The Town Council may eliminate the
                                                buffer area to the extent necessary to provide transportation access to the
                                                Rail Road.


                    E.        Lot Coverage - Lot coverage in IL District shall not exceed 70 percent of the area of a
                              lot.


                    F.        Maximum Height - Maximum height for all structures shall be forty-five (45) feet,
                              provided that a building may be erected to a maximum height of one hundred feet if it
                              is set back from street and lot lines (not constituting district boundaries), in addition to
                              each of the required minimum yard dimensions, a distance of not less than two feet for
                              each one foot height that it exceeds the thirty-five foot limit. See Section 26.


                                                                            67









                                      Town of Cheriton Zoning Ordinance - Adopted Aug
                                                                          gwst 18. IM - Amended May 18, 1995

                  Section 13-5 Off-Street Parkine and Loading Areas: Off-street parking and loading areas
                  shall be provided for in keeping, with Article 16 herein.




                                                               Article XIV
                                        Chesapeake Bay/Atlantic Ocean Preservation Area
                                                             Overlay District

                  Section 14-1     Title:   This ordinance shall be known and referenced as the "Chesapeake
                  Bay/Atlantic Ocean Preservation Area Overlay District" of the Town of Cheriton.

                  Section 14-2 Findings of Fact: The Chesapeake Bay/Atlantic Ocean and its tributaries is one
                  of the most important and productive estuarine systems in the world, providing economic and
                  social bener-Its to the citizens of the Town of Cheriton, Northampton County and the
                  Commonwealth of Virginia. The health of the Bay and the Ocean is vital to maintaining the
                  Town of Cheriton's and Northampton County's economies and the welfare of their citizens.

                  The Chesapeake Bay and Atlantic Ocean 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
                                    gi
                  signi icant ecolo ical benefits by providing water quality maintenance and pollution control, as
                  well as flood and shoreline erosion control. These lands together, designated by the Cheriton
                  Town Council as Chesapeake Bay/Atlantic Ocean Preservation Areas (hereinafter "CB/AOPAs"),
                  need to be protected from destruction and damage in order to protect the quality of water in the
                  Bay and Atlantic Ocean and consequently the quality of life in the Town of Cheriton,
                  Northampton County and the Commonwealth of Virginia.

                  Section 14-3 Purpose and Intent:

                  A.      This article is enacted to implement the requirements of Section 10. 1-2 100 and Title 15. 1,
                          Chapter 11, Article VIII of the Code of Virginia, 1950 as amended (The Chesapeake Bay
                          Preservation Act) and amends the Cheriton Zoning Ordinance. The intent of the 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 all aquatic life,
                          including a., ame 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 Cheriton.




                                                                     68









                                         T wn of Cherit . Zo.ine Ordinance
                                                   0                Adopted Aueust 18. 1"4 - Amended Nby 18, 1"5

                   B.       This distri Ct 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/Atlantic Ocean
                            Preservation Area Overlav 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 other applicable ordinances
                            shall be f-bilowed in reviewing and approving development, redevelopment, and uses
                            --overned bv this Article.
                            1.@         I                                                                                              I
                   C.       This Article is enacted under the authority of Section 10. 1 -2. 100 (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)."



                   Section 14-4 Areas of Applicability:

                   A.       The Chesapeake Bay/Atlantic Ocean Preservation Area Overlay District shall apply to all
                            lands identified as CB/AOPAs as designated by the Town Council and as shown on the
                            Chesapeake Bay/Atlantic Ocean Preservation Area Overlay District Map. Such map
                            together with all explanatory matter thereon, is hereby adopted by reference and declared
                            to be a part of this Article.

                            (1)    The Resource Protection Area (RPA) includes:

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

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

                            (2)    The Resource Management Area (RMA) is composed of the following land
                                   categories: floodplains, highly erodible soils, including steep slopes; highly
                                   permeable soils; nontidal wetlands not included in the RPA; other lands necessary
                                   to protect the quality of state waters.

                   B.       The Chesapeake Bay/Atlantic Ocean Preservation Area Overlay District Map shows the
                            general location of CB/AOPAs and should be consulted by persons contemplating
                            activities within the Town of Cheriton prior to engaging in a regulated activity.

                   C.       Areas designated as redevelopment areas shall comply with all erosion and sediment
                            control requirements and the performance standards for redevelopment in Section 14-10
                            (Performance Standards.)



                                                                       69









                                    Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended May 18. 1995

                Section 14-5 U   Ise Re2ulations: 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.


                Section 14-6 Lot Size: Lot size shall be subject to the requirements of the underlying zoning
                                                                                                             11;      -
                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 14-10, when such
                development is not otherwise allowed in the RPA.


                Section 14-7 Required Conditions:

                A.      All development and redevelopment exceeding 2,500 square feet of land disturbance shall
                                                                        .1 -                          I
                        be subject to a plan of development process, including the approval of a site plan in
                        accordance with the provisions of the Zoning Ordinance or a subdivision plat in
                        accordance with the Subdivision Ordinance.


                B.      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 Cheriton Town Plan;

                        2.      It complies with the performance criteria set 'forth in Section 14-10 of this Article,

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


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

                C.      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 14-11, of this Article.


                Section 14-8 Conflict with other Regulations: In any case where the requirements of this
                Article conflict with any other provision of the Town of Cheriton Zoning Ordinance and other
                regulations or existing state or federal regulations, whichever imposes the more stringent
                restrictions shall apply.





                                                                  70







                                     Town of Cheriton Zoning Ordinance - Adopted August 18. 1"4 - Amended May 18, 1995

                 Section 14-9 Internretation of Resource Protection Area Boundaries:


                 A.     Delineation bv 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 14-12, Plan of Developmeni, of this Article. The Chesapeake
                        Bay/Atlantic Ocean Preservation Area Overlay District Map shall be used as a guide to
                        the szeneral location of Resource Protection Areas.


                 B.     Delineation bv the Zoning Administrator. The Zonint! 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
                        Section 14-12, Plan of Development, of this Article. In the event the adjusted boundary
                        delineation is contested by the applicant, the applicant may seek relief, in accordance with
                        the provisions of Section 14-12.H and Article VI of this ordinance.



                 Section 14-10 Performance Standards:


                 A.     Purpose and Intent. The performance standards establish the means to minimize erosion
                        and sedimentation potential, reduce land application of nutrients and toxins, 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,


                                                                 71









                                    Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended Ntav 1& 1995

                                        including clearing or grading shall be strictly defined by the construction
                                        footprint. These limi   ts shall be clearly shown on submitted plans and
                                        physically marked on the development site.

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

                                b.      Clearing shall be allowed only to provide necessary access, positive site
                                        drainage, water quality Brv]Ps, 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.      Grid and modular pavements may be used for any required parking area,
                                        alley, or other low traffic driveway, unless otherwise approved by the
                                        Zoning Administrator.

                                b.      Parking space size. See Article XV of this Ordinance.

                        (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 Northampton County's Erosion and Sediment Control
                                Ordinance.


                        (5)     All on-site sewage disposal systems not requiring an VPDES permit shall be
                                pumped out at least once every five years, in accordance with the provisions of
                                the Northampton County Health Code.




                                                                  72








                                      Town of Cheriton Zonine ordinance - Adopted August 18, 1"4 - Amended Nbv 18, 1"5

                          (6)     A reserve sewage disposal site with a capacity at least equal to that of the primary
                                  sewaa,e disposal site shall be provided, in accordance with the Northampton
                                  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 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,
                                                                                                    1:1*                         1
                                  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 for Virginia's Chesapeake
                                         Bay watershed (0.45 pounds of phosphorous per acre per year);

                                  b.     For isolated 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-development 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;

                                                 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-development nonpoint source pollution can be
                                         substituted for the existing development loadings.

                          (8)     Prior to initiating grading or other on-site activities on any portion of a lot or


                                                                   7 3








                                     "roWn of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended May 18, 1995

                                 parcel, all wetlands permits required by federal, state, and local laws and
                                 reaulations shall be obtained and evidence of such submitted to the Zoning
                                 Administrator, in accordance with Section 14-12, of this Article.

                         (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 Semice
                                 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 Reguirements. 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 14-4, Areas of Applicability,
                         and 14-12, Plan of Development, of this Article.

                         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 14-11
                         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
                                 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.

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



                                                                    74







                                      Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended May t8. 1995

                                  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.

                                  d.     For shoreline erosion control projects, trees and woody vegetation may be
                                         removed, necessary control techniques employed, and appropriate
                                         ve(yetation 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 Section
                                  14-12, Plan of Development, and the following criter'
                                                                                         ia:

                                  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 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.




                                                                   75








                                    Town ofCheriton Zoning Ordinance - Adopted August 18. 1994 - Amended May 1& 1995

                                C.      The butTer area is not required for agricultural drainage ditches 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.



                 Section 14-11 Water Quality 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.
                                                   0

                 B.      Water Qualily Impact Assessment Required. 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 14-
                                10.C of this Article.


                         (2)    Any proposed development or redevelopment within an RMA. The 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 Quali1y 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 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
                                                                                                   Z@
                                location of any structures, driveways and other impervious cover.


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                                      Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended May 18. 1995

                          (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 14-10.

                          (4)     Calculation of pre- and post-development pollutant loading in accordance with
                                  Section 14-IO.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
                                  Northampton County's Erosion and Sediment Control Ordinance.

                          (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
                                  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 Administrator will make a finding based on the following criteria in
                                  conjunction with Article XV11:

                                  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;



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                                      ['own ol'Cheziton Zoning Ordin2nce - Adopted August 18, 1994 - Amended Niny 18. 1"5

                                  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 Administrator may request review of the water quality impact assessment by
                                  the Chesapeake Bay Local Assistance Department (CBLAD). Any comments by
                                  CBLAD will be considered by the Planning Commission provided that such
                                                      ided by CBLAD within thirty (30) days of the request.
                                  comments are provi                         I



                  Section 14-12 Exemptions:

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

                          I       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 (1) 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 Department of
                                  Conservation and Recreation, or (iii) local water quality protection criteria at least
                                  as strinizent as the above state requirements will be exempt from the Overlay
                                  District requirements. The exemption of public roads is further conditioned on the
                                  followina:


                                  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 H of this article are exempt from
                                          Overlay District requirements.

                          2.      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;



                                                                    78








                                      Town or Cheriton Zoning Ordinance - Adopted August 18, 1"4 - Amended Mov 18, 1"5


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

                                 d.      Any land disturbance exceeding an area of 2,500 square feet complies with
                                         all Northampton County Erosion and Sediment Control Ordinance
                                         requirements.

                 B.      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.

                 C .     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 2,500 square feet shall comply with all
                                 Northampton County Erosion and Sediment Control Ordinance requirements.


                 Section 14-13 Excepfions:

                 A.      A request for an exception/variance 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 on water quality and on lands within the RPA through the performance of a
                         water quality impact assessment which complies with the provisions of Section 14-11.

                 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


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                                      Town of Cheriton Zoning Ordinance - Adopted August 18, 1"4 - Amended Nlav 18, 1995


                          Administrator finds:


                          (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 VI of this
                          Ordinance.


                  D.      The Board of Zoning Appeals shall consider the water quality impact assessment and the
                          findings and rationale of the Zoning Administrator in determining harmony with the
                          intended spirit and purpose of this Article and the guidelines for considering variances as
                          established in Article VI of this Ordinance.




                                                           Article XV - Signs


                  Section 15-1 "R-20" and "R-11" Districts: The following signs shall be permitted and
                  regulations shall apply in the R-20 and R- I I districts:


                  A.      Temporary Directional Signs - Four square feet.

                  B.      Home Occupations - If illuminated, no flashing, blinking, color-changing or neon lighting.
                          Maximum size - Four square feet.



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                                     Town of Cheriton Zoning Ordinance - Adopted August 1& 1"4 - Amended Mov Is, 1"5

                  C.     Farm and Residential Identification Signs -


                         (1)     Not more than four square feet in area;

                         (2)     Not more than one on any farm or premises.

                  D.     Teml2ora!y Event Signs -

                         (1)     Not more than four square feet in area;

                         (2)     Not more than one on any lot or premises.

                  E.     Sale or Rental Signs -


                         (1)     Not more than four square feet in area per sign;

                  F.     Political Signs, Public Signs and No Trespassing, Hunting and Fishing Signs

                  G.     Subdivision Signs - See Section 2-3.


                  H.     Auction Signs -


                         (1)     Not more than thirty-two square feet in area;

                         (2)     Not more than one on any lot or premises.

                  1.     On Premises, Church and Non-Profit Organization Signs - Maximum size - 16 square feet.


                  Section 15-2 "RM" District: The following signs shall be permitted and regulations shall apply
                  in the RM district:


                  A.     Business Signs - Limited to wall signs with an aggregate area not to exceed twenty square
                         feet. If illuminated, no flashing, blinking or color-changing, or exposed, bare or
                         uncovered neon illumination of lighting.

                  B.     Sale or Rental Sins -

                         (1)     Not more than thirty-two square feet in area;

                         (2)     Not more than one on any lot or premises;

                         (3)     No illumination permitted.

                  C.     Home Occupation Sign - If illuminated, no flashing, blinking, no color-changing or neon


                                                                 81








                                   Town of Cheriton Zoning Ordinance - Adopted August 18, 1"4 - Amended May 18, 1995

                        illumination of lighting. Maximum size - four square feet.

                 D.     Identification Signs -


                        (1)    Not more than thirty-two square feet in area;

                        (2)    Not more than one on any lot or premises.

                 E.     TemDorarv Directional Signs - Maximum Size - Four square feet. No illumination.

                 F.     Tempora[y Event Signs -

                        (1)    Not more than four square feet in area;

                        (2)    Not more than one on any lot or premises.

                 G.     Political, Public and No Trespassing, Hunting and Fishing Signs

                 H.     Subdivision Signs - Maximum Size - Sixty square feet.

                 1.     Auction Signs -


                        (1)    Not more than thirty-two square feet in area;

                        (2)    Not more than one on any lot or premises.

                 J.     On Premises, Church, Non-Profit Organization Signs - Maximum Size - 16 square feet.


                 Section 15-3 "CN" and "CG" Districts: The following signs shall be permitted and
                 regulations shall apply in the CN and CG districts: (See also Section 15-12)

                 A.     Business Signs (Free-Standing or Projecting Sigris) -

                        (1)    If illuminated, no moving, flashing, blinking, color-changing or exposed, bare or
                               uncovered neon illumination or lighting,

                        (2)    The aggregate area of such signs shall not exceed 100 square feet.

                        (3)    No portion of such sign shall be greater in height than thirty feet from ground
                               level or the eave line of the roof of the main building located on the premises
                               upon which such is erected;

                        (4)    No more than two free-standing signs on any one lot or premises;



                                                                82








                                       Town of Cheriton Zoning Ordinance - %dopted Angus( 18, 1994 - Amended Nilav 18. 1995

                           (5)     No more than three projecting, signs. (See also Section 15-8)

                   B.      Business Slans (Wall) -

                           (1)     If illuminated, no moving, flashing, blinking, color-changing, or exposed, bare or
                                   uncovered neon illumination or lighting;

                           (2)     The aggregate area of all such signs shall not exceed one hundred square feet;

                           (3))    No portion of such sign shall be greater in height than thirty feet from ground
                                   level or the eave line of the roof of the main building located on the premises
                                   upon which sign is erected. (See also Section 15-8)

                   C.      Sale or Rental Siizns - Not more than two signs with an aggregate area of sixty-four
                           square feet and limited to sixteen feet in height.

                   D.      Tempora[y Event Signs -

                           (1)     Not more than twenty-five square feet in area,

                           (2)     Not more than two on any lot or premises.

                   E.      Public, No Trespassing, Hunting, Fishing and Political Signs

                   F.      Location Signs (General Advertising) -

                           (1)     If illuminated, no moving, flashing, blinking or color-changing or neon
                                   Illumination or lighting.

                           (2)     The area of the sign shall not exceed one hundred forty-four square feet;

                           (3 )    No portion of the sign shall be greater in height than thirty feet from around level;

                           (4)     Provided further, that no such sign shall be closer to another such sign than one
                                   thousand five hundred feet on the same side of the right-of-way.

                   G,      Auction Signs -

                           (1)     Not more than thirty-two square feet in area;

                           (2)     Not more than one on any lot or premises.






                                                                     8 3









                                    Town of Cheriton Z.nin2 Ordinance - Adopted August 18, 1994 - Amended Nfav 18, 1995

                 Section 15-4 "IL" District: The following signs shall be permitted and regulations shall apply
                 in the EL district:


                 A.     Business Sians (Free-standing or Proiectiny- Sians) -

                        (1)     If illuminated, no moving, flashing, blinking, color-changing, or exposed, bare or
                                uncovered neon illumination or lighting;

                        (2)     The aggregate area of such signs shall not exceed seventy square feet;

                        (33     No portion of such sign shall be greater in height than thirty feet from -round
                                                                  C                                        Z
                                level or the eave line of the roof of the main building located on the premises
                                upon which such sign is erected;

                        (4)     No more than two free-standing signs on any one lot or premises;

                        (5)     No more than three projecting signs.


                 B.     Entrance Signs - Not more than one free-standin sign and no greater than two hundred
                                                                         9
                        square feet in area and not exceeding 20 feet in height, may be erected at each entrance
                        to the IL District. Such sign shall be erected in a landscaped setting.

                 C.     Business Signs (Wall) -


                        (1)     If illuminated, no moving, flashing, blinking, color-changing, or exposed, bare or
                                uncovered neon illumination or lighting;

                        (2)     The aggregate area of all such signs shall not exceed two hundred square feet;

                        (3)     No portion of such sign shall be greater in height than thirty feet from around
                                level or the eave line of the roof of the main building located on the premises
                                upon which such sign is erected.

                 D.     Sale or Rental Signs - No more than two signs with an aggregate area if sixty-four square
                        feet and limited to sixteen feet in height.

                 E.     Directional Signs - No more than four such signs to have on them the same name.
                        Maximum Size - Four square feet.

                 F.     TempoM Event Signs -

                        (1)     Not more than sixteen square feet in area;

                        (2)     Not more than two on any lot or premises.


                                                                84








                                       Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended NUY 18. 1995

                   G.      Public. No Tresoassinia. Huntiniz, Fishiniz and Political Signs

                   H.      Location Signs -

                           (1)     If illuminated, no moving, flashing, blinking, or color-changing or neon
                                   illumination or lighting;
                                                          C

                           (2)     The area of the sign shall not exceed one hundred square feet;

                           (3))    No portion of the sign shall be greater in height than thirty feet from ground level;

                           (4)     Provided further that no such sign shall be closer to another such sign than one
                                   thousand five hundred feet on the same side of fight-of-way.

                   1.      Auction Signs -


                           (1)     Not more than thirty-two square feet in area;

                           (2)     Not more than one on any lot or premises.


                   Section 15-5    Removal of Signs: All signs shall be properly maintained and whenever a sign
                   becomes structurally unsafe or endangers the safety of a structure or premises or the public, or
                   is erected or maintained in violation of this ordinance, the zoning administrator shall order such
                   sign to be made safe or comply with this ordinance, as the case may be, or be removed. Such
                   order shall be sent by registered mail and shall be complied with within twelve days from the
                   date of mailing, such order by the persons owning or responsible for the sign. Failure to comply
                   shall constitute grounds for the Zoning Administrator to have the sign removed, and the cost
                   thereof shall be added to any fine imposed for violation under this ordinance.


                   Section 15-6 Nonconforming Signs and Discontinuance: 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. If any nonconforming sign is destroyed or damaged to the
                   extent that the cost of restoration of its condition before the occurrence shall exceed fifty percent
                   of the cost of reconstructing such sign, it shall be restored only if such use complies with the
                   minimum    size requirements of this ordinance.


                   Section 15-7 Signs as Traffic Hazards: No sign shall be located or illuminated in such a
                   manner as in the opinion of the zoning administrator to cause a traffic hazard. Where a permit
                   is required, the permit shall not be issued until the location and illumination of the sign are
                   approved by the zoning administrator, who may consult with the resident highway office, Virginia
                   Department of Mghways and Transportation to assist him in determining, whether a traffic hazard
                   exists.



                                                                    85








                                   Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended Nitay 18. 1995

                Section 15-8 Height and Ifflumination Generally:

                A.      No part of any sign projecting more than twelve inches from any wall or from any other
                        support shall be less than ten feet above the level of the ground at that point.

                B.      Illumination of any advertising sign in a commercial or industrial district located within
                        three hundred feet of any residential district, shall be extinguished between the hours of
                        12:00 Midnight and 7:00 a.m., except in hardship cases where the Board of Zoning
                        Appeals may grant variances.


                Section 15-9 Prohibited Signs: The following types of signs are prohibited in all zoning
                districts-


                A.      Any sign or pennant of which all or any part is in motion by any means, including,
                                                                                                                  I
                        fluttering, rotating or other moving signs set in motion by movement of the atmosphere.

                B.      Any sign displaying flashing or intermittent lights or lights of changing degrees of
                        intensity, except a sign indicating time or temperature, with changes alternating on not
                        less than a five second cycle when such time or temperature sign does not constitute a
                        public safety or traffic hazard, in the judgment of the zoning administrator.

                C.      Any lighting either by exposed tubing or strings of lights, either outlining any part of a
                        building or affixed to any ornamental feature thereof.

                D.      Any sign that obscures a sign displayed by public authority for the purpose of giving
                        traffic instructions or direction or other public information.

                E.      Any sign that uses the word "stop" or "danger" or otherwise presents or implies the need
                        or requirement of stopping or caution of the existence of danger, or which is a copy or
                        imitation of or which for any reason is likely to be confused with any sign displayed by
                        public authority.

                F.      Any sign that obstructs any window, door, fire escape, stairway, ladder or opening
                        intended to provide light, air, or egress for any building, as required by law.

                G.      Any sign or illumination that causes any direct glare into or upon any building other than
                        the building to which the sign may be related.

                H.      Any portable sign, including any sign displayed on a vehicle when used primarily for the
                        purpose of such display; except that this paragraph shall not apply to temporary political
                        signs.

                1.      Any sign that violates any provision of any law of the state relative to outdoor
                        advertising.


                                                                86








                                         Town of Cheriton Zoning Ordinance - Adopted August 18 1994 - Amended 'Mav 18, J99,_-

                    Section 15-10 Sign Permits:

                    A.       No sign except temporary event signs, in excess of five square feet in area shall be
                             erected without first obtaining a sign permit from the zoning administrator. No such
                             permit shall be issued unless a fee of twenty-five dollars ($25.00) is paid therefor, and
                             unless the proposed sign conforms with the requirements of this ordinance.

                    B.       Every application for a sign permit shall be accompanied by a set of plans showing: The
                             area of the sign, the size, structure, character and design proposed, the method of
                             illumination if any, and the exact location proposed for the sign.


                    Section 15-11 Allowable Desi2n and Content of Business Signs: It is the intent of this
                    limitation to prohibit the use of exterior signs for the general advertisement of products, servi
                                                                               C                                           ices
                    or other matters having no relation to the premises upon which they are placed. The content or
                    advertising message carried by business signs hereafter erected shall be limited to one or more
                    of the following:

                    A.       The identification of building or its owners or occupants.

                    B.       Information concerning lawful activities on the premises        or primary - ods or services
                                                                                                          go
                             offered in connection therewith.


                    C.       The desian shall conform with the building's architecture.


                    Section 15-12 Shopping Centers: Allowable Sign Dimensions and Special Regulations:

                    A.       Shopping centers shall be permitted one free-standing sign per street frontage; except that
                             no more than two free-standing signs will be permitted for each shopping center. A free-
                             standing shopping center sign shall display the shopping center name and may include
                             identification signs for each individual store within the shopping center. Said signs shall
                             be no larger than one hundred square feet.

                    B.       Individual shops and businesses in the shopping center may have all signs provided. If
                             illuminated, no moving, flashing, or blinking, color-changing, or exposed bare or
                             uncovered neon illumination or lighting.

                    C.       The aggregate area of a business wall sign shall not exceed twenty-four square feet.

                    D.       No portion of such sign shall be greater than thirty ('30) feet in height from ground level,
                             or extend beyond the eave line of the roof of the building located on the premises upon
                             which such sign is erected. In lieu of the foregoing, specially designed signing consistent
                             with the overall development plan for the shopping center is permitted subject to the
                             approval of the Planning Commission.


                                                                        87








                                     -,own or Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended May 18, 1995

                 E.      Individual shops and businesses In shopping centers may have identification signs under
                         covered walks provided the slim is not more than three square feet in area and there is not
                         more than one on a premise.


                 Section 15-13 Sign Setbacks: All signs, except "For Sale" or rental signs shall set back 10 feet
                 from any road right-of-way.




                                 Article XVI - Off-Street Parking and Loading Requirements


                 Section 16-1 Intent: There shall be provided at the time of erection of any main building or
                 at the time any main building is enlarged, minimum off-street parking space with adequate
                 provision for entrance and exists by standard-size automobiles, as follows in this Article.


                 Section 16-2 Space on Same Lot and AdjacentLots:

                 A.      All off-street parking space appurtenant to any residential use permitted in any residential
                         district, shall be provided on the same lot with the use of which it is appurtenant, except
                         as qualified below.

                 B.      All off-street parking space appurtenant to any use other than a residential use permitted
                         in any residential district shall be provided on the same lot with the use of which it is
                         appurtenant except where practical difficulties prevent such location or where the public
                         safety or the public convenience would be better served by the location thereof other than
                         on the same lot. In such cases, the Planning Commission may authorize such alternative
                         location of required parking space as will adequately serve the public interest.



                 Section 16-3 Location of Parking:

                 A.      In any residential area where parking spaces are accommodated in parking bays, no space
                         shall be further than one hundred feet from its appurtenant dwelling unit.

                 B.      Of such required spaces, one-third of the total number shall be so located as to be
                         convenient for visitors and tradesmen requiring frequent ingress and egress.


                 Section 16-4 Cooperative Parking:

                 A.      Parking space required under the provisions of this ordinance may be provided
                         cooperatively for two or more uses in a development or for two or more individual uses,


                                                                   88







                                        Town of Cheriton Zoning Ordinance - Adopted August 18. 1994 - Amended May 18, 1995

                           subject to arrangements that will assure the permanent availability of such space, as such
                           arrangements are approved by the Planning Commission.

                   B.      The amount of such combined space shall be equal to the sum of the amounts required
                           for the separate uses; provided, that the Planning Commission may reduce the amount of
                           space required for a church or for a meeting place of a civic, fraternal or similar
                           organization under the provisions of a combined parking, area by reason of different hours
                           of normal activity than those of other uses participating in the combination.


                   Section 16-5 Safe and Convenient Access Required: All off-street parking space and off-street
                   loading space shall be provided with safe and convenient access to a street. All permitted uses
                   requiring site plan approval shall have entrances constructed in accord with the specifications of
                   the county engineer and State Department of Highways and shall be approved by the Zoning
                   Administrator.



                   Section 16-6 Parking Area Design:

                   A.      All off-street parking space, loading space, aisles, and driveways except those provided
                           for single-family dwellings shall be constructed and maintained with a surface of such
                           type of construction that the same will not be a detriment to the health and safety of any
                           adjacent residential occupants and will be available for safe and convenient use at all
                           times. It shall have appropriate guards where needed as determined by the administrator
                           and all off-street parking spaces shall be delineated on the site.

                   B.      Any lights used to illuminate such parking areas shall be so arranged as to reflect the light
                           away from adjoining premises in a residential district and in a manner not to affect traffic
                           on adjacent roads. Lighting of parking lots is mandatory.

                   C.      All parking spaces will be so designed that no part of any vehicle will extend over any
                           property line, right-of-way, walkway, driveway or aisle space.

                   D.      All parking lots, bays or areas shall be landscaped to the maximum extent possible in
                           keeping with good safety practice. Where adjacent to residential districts, all lots shall
                           be screened.



                   Section 16-7 General Rouirements: Off-street parking spaces and lots shall meet the
                   following general requirements:

                   A.      Parking spaces for all residential uses shaH be provided on the same lot with the use or
                           structure to be served except as provided herein.

                   B.      Where it is impractical to provide all or part of the required off-street parking on the same


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                                    "rown of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended %Any 18, 1995

                         lot or where the public safety or convenience would be better serve   d by the location of
                         required off-street parking other than on the site, the Planning Commission may authorize
                         alternative locations subject to the following conditions:

                         (1)    Maximum distances to off-site lots or spaces must be not more than one hundred
                                fifty feet from two-family and multi-family attached dwelling units and not more
                                than five hundred feet from all other uses. Distances shall be measured by normal
                                pedestrian routes.

                         (2)    Approval will be subject to special conditions and safeguards called for in the
                                circumstances of the case, to design and improvement standards applying to off-
                                street parking areas, and to the requirement that such parking space shall be
                                associated with the permitted use of structure, not be reduced or encroached upon
                                in any manner.

                         (3)    The required number of off-street parking spaces for any number of use may be
                                combined in one lot provided that each space is permanently available to the
                                assigned use. The Planning Commission may reduce the amount of space required
                                for a church, or for a meeting place of a civic, fraternal, or similar organization
                                by reason of different hours of normal activity than those of other uses
                                participating in the combination of required spaces.

                 C.      Construction vehicles, trucks and trailers of a gross weight of more than six thousand
                         pounds shall not be parked in the areas between the front lot line and the setback line in
                         any residential district.

                 D.      Area reserved for off-street parking in accordance with this ordinance shall not be reduced
                         in area or changes made to any other use unless the permitted use which it serves is
                         discontinued or modified, except where equivalent parking space is provided to the
                         satisfaction of the Zoning Administrator.

                 E.      Off-street parking existing at the effective date of this ordinance in connection with the
                         operation of an existing use or structure shall not be reduced to an amount less than
                         hereinafter required for a similar new use or structure.


                 Section 16-8 Site Reguirements: All off-street parking space, aisles and driveways, except
                 those provided for one- and two-family dwellings, shall be constructed and maintained in
                 accordance with the following requirements:

                 A.      All such parking and drive areas shall be graveled or surfaced in some other manner to
                         reduce erosion and to reduce the generation of mud and dust. Where more than ten
                         spaces are required, the zoning administrator may require hard surfacing when such
                         requirement would be to the public benefit.



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                                     Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended NUy 18, t"5

                  B.     Parking areas shall be adequately drained.

                  C.     Parking lots shall have appropriate guards where needed as determined by the zoning
                         administrator.


                  D.     All off-street parking spaces with hard surfaces and in excess of ten shall be delineated
                         on the site.


                  E.     Lighting used to illuminate parking areas shall be arranged so that light is reflected away
                         from adjacent properties and in a manner not to affect traffic on adjacent roads.

                  F.     All parking spaces shall be designed so that no part of any vehicle extends over any
                         property line, right-of-way, walkway, driveway or aisle space.

                  G.     All off-street parking lots and areas shall be landscaped to the maximum extent possible
                         in keeping with good safety practices. Where adjacent to residential and conservation
                         districts, all lots and areas shall be screened.


                  H.     General Standards- Any off-street parking space shall have minimum dimensions of nine
                         by twenty feet, provided that the minimum dimensions for parallel parking spaces shall
                         be nine by twenty-two feet. Each space shall be unobstructed, shall have access to a
                         street and shall be so arranged that any automobile may be moved without moving
                         another, except in the case of parking for one- and two-family dwellings and in the case
                         of parking for employees on the premises.

                         In addition:


                         (1)     Nfinimum aisle widths required for parking areas shall be according to the
                                 following table:

                                 Parking Angle                 Aisle Width
                                 (in degrees)                  (in feet)

                                 0-44                             12
                                 45-59                            13.5
                                 60-69                            18.5
                                 70-79                            19.5
                                 80-89                            21
                                   90                             22


                         (2)     Requirements for handicapped access: For each 25 off-street parking spaces, there
                                 shall be one off-street parking space for one handicapped person. Parking spaces
                                 for handicapped persons shall have a minimum dimension of twelve by twenty feet
                                 and shall be clearly marked "Handicapped Parking Only."



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                                    Town of Cheriton ZouiRg Ordimmce - Adopted August 18, 1994 - Amended NUy 18, 1"5

                 Section 16-9 Requirements and Specifications for Off-Street Loading Space:

                 A.      Requirements. Off-street loading facilities shall be provided on the premises of any use
                         hereafter established or enlarged, and occupying more than 3,000 square feet of lot area
                         which, during the course of a normal operating day, customarily receives or distributes
                         goods or materials by trucks more than 20 feet in overall length. One such space shall
                         be provided if the land devoted to such establishment or use has an area of more than
                         3
                         ),000 but less than 20,000 square feet of land area or remaining fraction thereof
                         exceeding 10,000 square feet.

                 B.      Specifications. Loading spaces shall be 12 feet by 45 feet with minimum height clearance
                         of 14 feet both for the space and for accessways and maneuvering areas related to it,
                         provided that upon clear demonstration to the zoning administrator that loading spaces of
                         lesser dimensions will satisfy the requirements or the use involved, he may permit loading
                         spaces of such lesser dimensions as he may specify as appropriate in the particular case.

                         All loading space and related access areas shall be graded, improved and maintained in
                         a manner permitting safe and convenient use under normal weather conditions, and so as
                         to avoid adverse effects on neighboring property as a result of dust or drainage.

                         No required loading space shall be in any required yard adjacent to a public street and
                         shall be marked as loading space.


                 Section 16-10 Nifinimum Parking Spaces Reguired for Permitted Uses: The following spaces
                 shall be required:

                 Animal hospitals and commercial kennels - One space per four hundred square feet of gross floor
                 area plus one per each employee.

                 Automobile laundries - One space per each three employees plus a reservoir of five times the
                 maximum capacity of the laundry.

                 Automobile service stations - One space per each service shall. In addition, when accessory
                 activities such as the rental of automobiles, trucks and trailers of all types are involved on site
                 there shall be provided suitable area to accommodate the highest number of rental units expected
                 at any one time.

                 Banks - One parking space for each one hundred fifty square feet gross floor area.

                 Barber shops, beauly shops, health spas and centers - One space per two hundred square feet of
                 gross floor area plus one space per employee.

                 Bowling alleys - Six spaces per alley.



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                                      Town of Cheriton Zoning Ordinance - Adopted August 18, 1"4 - Amended May 18. 19%

                   Carry-out restaurants - Thirteen spaces per each one thousand square feet of gross floor area.

                   Cartage and express facilities - One space per each three employees plus one space per each
                   vehicle maintained.


                   Churches, high schools, stadiums, auditoriums and similar places of assembly - One space for
                   each four fixed seats.


                   Commercial and private heliports - One space per each on thousand square feet of operational
                   area.


                   Commercial skating_Link - One space for each on hundred twenty-five square feet or fraction
                   thereof of skatinc, rink area.


                   Contractors or construction shops, office and yards - One space per each one thousand square feet
                   of operational area.

                   Dance halls - One space per each one hundred square feet of gross floor area.

                   Drive-in restaurants - Eighteen spaces per each one thousand square feet of gross floor area.

                   Food or chain stores - Five spaces per each one thousand feet of gross floor area.

                   Funeral homes - One space per each fifty square feet area in assembly rooms or chapels.

                   Furniture stores - Two spaces for the first one thousand square feet plus one additional space for
                   each four hundred square feet of floor area over one thousand square feet of retail area.

                   Greenhouse and nurseries - Enclosed retail area, one per each one hundred square feet of retail
                   sales for the first five thousand square feet and one space for each two hundred square feet of
                   retail sales area above five thousand square feet of retail area.

                   Hospitals, nursing, convalescent homes - One space for each two beds including cradles,
                   children's beds.


                   Laundromats - One parking space for each two washing machines.

                   Medical and dental clinics - One space for each one hundred square feet of area.

                   Mobile homes - Two spaces per unit.

                   Office buildings - One space for each two hundred square feet of net office floor area.

                   Printing and publishing facilities - One space per each two employees with customer parking as
                   determined by the Planning Commission and in all cases a minimum of two customer parking


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                                     Town of Cheriton Zonin g Ordinan ce - Adopted August 18, 1994 - Amended May M 1995


                  space.

                  Production or processing of materials, goods or products - One space per each two employees
                  with customer parking as determined by the Planning Commission and in all cases a minimum
                  of two customer parking space.

                  Shopping centers - There shall be provided 3.0 parking spaces per one thousand square feet of
                  gross leasable area for neighborhood and community shopping centers and 5.5 parking spaces per
                  one thousand square feet of gross leasable area for regional shopping centers.

                  SinQle-famiIv dwellings - Two spaces per unit.

                  Sit-down restaurants - Thirteen spaces per each thousand square feet of gross floor area.
                                                                                              I

                  Testing, repairing, cleaniny', serving of materials, goods or products - One space per each two
                  employees with customer parking as detennined by the Planning Commission and in all cases a
                  minimum of two customer parking spaces.

                  Theater, drive-in - To be determined by the planning staff after review of site plans.

                  Theater, indoors, theater, outdoors - One space per each four seats.

                  Tourist homes, motels, hotels and boarding houses - One space for each accommodation.

                  Townhouses, patio houses, duplexes and other multi-family residential - Two spaces per unit.

                  Trailer sales and rental, boat showrooms and model home sales - One space per each three
                  thousand square feet of business area.

                  Warehousig∧ wholesaling operations - One space per each three employees with customer
                  parking as determined by the Planning Commission and in all cases a minimum of two customer
                  parking spaces.

                  Other permitted uses - A total number of spaces sufficient to accommodate the vehicles of all
                  employees of the establishment plus those of all persons who may be expected to visit the same
                  at any time or as determined by the county planner and approved by the Planning Commission.

                  Other retail establishments not listed--in this article - One space per each one hundred square feet
                  of retail sales for the first five thousand square feet and one space for each two hundred square
                  feet of retail sales area above five thousand square feet.







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                                        Town of Cheriton Zoning Ordinance - Adopted August 18. 1994 - Amended May 18, 1995

                                                  Article XVH - Site Development Plan
                                                         (Final Development Plan)


                    Section 17-1 Purpose and Intent: There is a mutual responsibility between the Town of
                    Cheriton and the developer to develop land in an orderly manner.

                    The purpose is to encourage innovative and creative design and facilitate use of the most
                    advantageous techniques in the development of land in the Town of Cheriton and to insure the
                    efficient use of land and to promote high standards in the layout, design, landscaping and
                    construction of development.


                    Section 17-2 Application: Any development or redevelopment exceeding 2,500 square feet of
                    land disturbance shall be accomplished through a site development plan review 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 site development plan review process shall
                    generally be satisfied by the approval of a site plan, or a plot plan in accordance with the
                    provisions in Section 17-33, and any additional plans or studies as required by the Administrator.



                    Section 17-3 Plot Plans:


                    A.     One copy of a plot plan drawn to scale for individual single-family dwellings or accessory
                           structures for single-family residences or for commercial development which results in a
                           land disturbance less than 5,000 square feet and which will result in an area of impervious
                           surface of less than 16 percent of any lot or parcel, shall be submitted to the designated
                           authority for review and approval. Any encroachment into an RPA shall require an
                           applicant to prepare a site plan as outlined in Section 17-4 below, including the
                           submission of a water quality impact assessment in accordance with Article XIV of this
                           Ordinance.


                    B.     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.


                           (4)     Location of all building restriction lines, setbacks, easements, covenant restrictions,


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                                    Town of Cheriton Zoning Ordinance - Adopted August 18, 1"4 - Amended is-tay 18, 1995

                                and rights-of-way.

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

                         (6)    Location of all existin and proposed septic tanks and drainfield areas, including
                                                       g                                                            I:p
                                reserve areas required according to 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 Section 14-
                                4 of this Ordinance, including any additional required buffer areas.

                         (10)   Location of all erosion and sediment control devices.

                         (11)   Amount of impervious surface proposed for the site.


                 Section 17-4 Development or Land Use Requiring a Site Development Plan: A site
                 development plan is required and shall be submitted for the following:

                 A.      Any development which results in land disturbance of 5,000 square feet or greater.

                 B.      Any development which results in encroachment into an RPA.

                 C.      Any development in which automobile parking space is to be used by more than one
                         establishment.


                 D.      Any use or development in all zoning districts except single-family detached dwelling
                         units where a plat is submitted pursuant to the Town of Cheriton Subdivision and
                         Development Ordinance.

                 E.      When a change is proposed in a previously approved site development plan.

                 F.      When an existing residential use is proposed for change to a business, industrial, or multi-
                         family residential use.

                 G.      All public and/or semi-public buildings.

                 H.      All other uses involving a structure required to be reviewed by the County under Section
                         15.1456 of the Code of Virginia, as amended.


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                                       Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended Nbv t8, 19%

                   Section 17-5 Site Development Plan Information Required: Every site development plan,
                   as hereafter provided, shall contain the following information:

                   A.      Location of tract or parcel by vicinity map at a scale of not less than one inch equal to
                           2,000 feet and land marks sufficient to properly identify the location of the property.

                   B.      A boundary survey of the tract or site plan limit with an error of closure within the limit
                           of one in seven thousand five hundred related to the true meridian, and showing the
                           location and type of boundary evidence.

                   C.      A certificate or plat signed by the engineer or surveyor setting for the source and title of
                           the owner of the tract and the place of record of the last instrument in the chain of title.

                   D.      Existing and proposed streets and easements, their names, numbers and widths, existing
                           and proposed utilities of all types; water courses and their names, owners, zoning and
                           present use of adjoining tracts.

                   E.      Location, type and size of ingress and egress to the site.

                   F.      Location, type, size and height of all structures and fencing, screening and retaining walls
                           where required under the provisions of applicable ordinances.

                   G.      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 the Town of
                           Cheriton Zoning Ordinance.

                   H.      Number of floors, floor area, height and location of each building and proposed general
                           use for each building. If a multi-family residential building, townhouse or patio house,
                           the number, size and type of dwelling units shall be shown.

                   I.      All shoreline alteration, including dredging, filling and bulkheading. Provision for a
                           disposition of spoils. Provision for the prevention of a saltwater intrusion. Provision for
                           preservation of the ecology of the area and prevention of damage to the groundwater
                           supply.

                   I       Existing and proposed water and sanitary sewer facilities indicating all pipe sizes, types
                           and grades and where connections are made to an existing or a proposed central water and
                           sewer system.

                   K.      Provision for the adequate disposition of natural and storm water in accordance with
                           design criteria and construction standards of the Commonwealth of Virginia and/or
                           Northampton County in effect at the time the site plan is submitted indicating location,
                           sizes, types and grades of ditches, catch basins and pipes and connections to existing
                           drainage systems.


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                                     -rown of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended Nhy 18, 1995

                         Provision and schedule for the adequate control of erosion and sedimentation indicating
                         proposed temporary and permanent control practices and measures which shall be
                         implemented durin all phases of clearing grading and construction in keeping with the
                                            9
                         requirements of the Northampton County Erosion and Sediment Control Ordinance.

                 M.      Existing topography accurately shown with a maximum of one foot contour intervals at
                         a scale of not less than fifty feet to the inch.

                 N.      Proposed finished grading be contour supplemented and where necessary by spot
                         elevations.


                 0.      All horizontal dimensions shown on the site of development plan shall be in feet and
                         decimals of a foot to be closest to one hundredth of a foot; and all bearings in degrees,
                         minutes and seconds to the nearest ten seconds.


                 P.      A landscape design plan, based upon accepted professional design layouts and principles
                         may be required by the agent and shall be submitted.

                 Q       Provisions for fire fighting services and facilities, including emergency services, if deemed
                         appropriate.


                 R.      An environmental site assessment shall be drawn to scale with a narrative.


                         (1)    The environmental site assessment shall clearly delineate the following
                                environmental features:


                                a.      Nontidal wetlands connected by surface flow and contiguous to tributary
                                        streams;


                                b.      A I 00-foot buffer area located adjacent to and landward of the components
                                        listed in subsection (1) above and along both sides of any tributary stream.

                         (2)    Wetlands delineations shall be performed consistent with the methods and
                                procedures used and accepted by the U.S. Army Corps of Engineers.

                         (3)    The environmental site assessment shall delineate the site-specific geographic
                                extent of the RPA.


                         (4)    The environmental site assessment shall be drawn at the same scale as the
                                preliminary site plan or subdivision plat and shall be certified as complete and
                                accurate by a professional engineer or a certified land surveyor. This requirement
                                may be waived by the Zoning Administrator when the proposed use or
                                development would result in less than 5,000 square feet of disturbed area.




                                                                  98








                                     Town of Cheriton Zoning Ordinance - AdoPted August 18, 1994 - Amended Nlay 18, 1"5

                  S.     A stormwater management plan which shows the following:

                         (1)     Location and design of all planned stormwater control devices.

                         (2)     Procedures for implementing nonstructural stormwater control practices and
                                 techniques.

                         (3))    Pre- and post-development nonpoint source pollutant loadings with supporting
                                 documentation of all used coefficients and calculations.


                         (4)     For facilities, verification of structural soundness, including a Professional
                                 Engineer of Class IIIB Surveyor Certification.

                         (5)     The plan shall establish a long-term schedule for inspection and maintenance for
                                 the planned stormwater management control devices, including all maintenance
                                 requirements, persons responsible for performing maintenance, and any agreement
                                                                                  I                                            I
                                 necessary to ensure the maintenance is carried out.


                  Section 17-6 Site Development Plan - Preparation Procedure and Specific Items To Be
                  Shown:


                  A.     Any person submitting a site development plan shall submit written proof of notification
                         of adjacent property owners.

                         Notice sent by mail to the last known address of such owner as shown on the current real
                         estate tax assessment books of Northampton County shall be deemed adequate compliance
                         with the requirement. The provision of notice shall be the responsibility of the owner or
                         the developer. No site development plan shall be approved within five days of any such
                         notice.


                         The notice shall state: The type of use, the date of submission, the specific location of
                         the proposed development and the appropriate County office where the site plan may be
                         viewed.


                  B.     The site plan or any portion thereof shall be prepared by persons qualified to do such
                         work.


                  C.     The site plan shall show the name and address of the owner or developer, magisterial
                         district, county, state, north point, date, and scale of drawing and number of sheets. In
                         addition, it shall reserve a blank space four inches by four inches in size on the plan face
                         for the use of the approving authority.

                  D.     The site plan shall be prepared to the scale of one inch equals fifty feet or larger; not
                         sheet shall exceed forty-two inches in size.


                                                                  99








                                   Town of Cheriton Zoning Ordinance - Adopted August 18, 1994 - Amended NUv 18, 1995

                       The site plan may be prepared on one or more sheets. If prepared on more than one
                       sheet, match lines shall clearly indicate where the several sheets join.

               F.      Six clearly legible blue or black line copies of a site development plan shall be filed with
                       the agent for the Town.

               G.      Profiles shall be submitted for all sanitary and storm sewers, streets and curbs adjacent
                       thereto, and other utilities, and shall be submitted on standard profile sheets. Special
                       studies as required may be submitted on standard cross-section paper and shall have a
                       scale of one inch equal to 50 feet horizontally and one inch equal to 5 feet vertically. No
                       sheet size shall exceed 42 inches. Flood plain limit studies required shall be shown on
                       all profile sheets with reference to properties affected and center line of stream.

               H.      In addition to the information required on site development plans above, the following
                       specific 'items shall also be shown on all site development plans if applicable:

                       (1)     Right-of-way line(s), center lines, departing lot lines, lot numbers, subdivision
                               limits, limits of construction and building locations.

                       (2)     Center line curve data, including delta radius arc and chord and tangent.

                       (3)     Radius of all curb returns to face of curb and on streets where curb and gutter are
                               not required indicate radius to edge of bituminous treatment.

                       (4)     The edge of proposed street surface or the face of curb as the case may be for full
                               length of all streets.

                       (5)     The width of rights-of-way, and all easements, and the width of surface or
                               distance between curb faces and relation to center line. Easements and rights-of-
                               way of all utilities shall be clearly defined for the purpose intended, and whether
                               they are to be publicly or privately maintained.

                       (6)     When proposed streets intersect with or adjoin existing streets or travel ways, both
                               edges of existing pavement surface or curb and gutter must be indicated for a
                               minimum of .100 feet or the length of connection, whichever is the greater
                               distance.


                       (7)     Existing and proposed drainage easements and the direction of drainage flow in
                               streets, storm sewer, streams, and subdrainage, etc.

                       (8)     All water mains, sizes, valves and fire hydrant locations.

                       (9)     MI sanitary or septic tank systems and stonn sewers and appurtenances,
                               identifying appurtenances by type and number. The station on the plan must
                               confonn to the station shown on the profile. Indicate the top and invert elevation


                                                                100




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