Town zoning ordinance of the town of Exmore, Virginia

[From the U.S. Government Printing Office, www.gpo.gov]

rowu of Extuore Zoning Ordinance - Adopted August 3, 1994 - Amended Nmenther 6. 199;

Town Zoning Ordinance

The Town of Exinore, Vir2iiiia

Prepared by:

Exmore Plannins-, Committee

Doris Wliitle@*. Chairperson
Rich Wilforia. Vice-Chairman
Ava McMillan
Martha Parks
Grea Turner

Adopted by:

Exmore Town Council

Honorable Guy Lawson, Mayor
Honorable James Bailev
Honorable Helen Corbin
Honorable Estelle Freeman
Honorable Phyllis Kilbom
Honorable Lois Rowe
Honorable David Scanlan

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.O. Box 417
Accomac, Viraima 23301

Exmore Town Zoninsz Ordinance as duly adopted by the Exmore Town Council in regular session
on 1995.

/'2
Certification:
Guy,.E awson, Mayor

,7
Teste@
koberta King, Cferk

The effective date of this ordinance shall be from and after its adoption by the Exmore Town
Council. and its provisions shall be enforced thereafter until repealed or am' ended.

Zi
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Town or Extnore Zoning Ordinance - Adopted August 3, 1994 - Amended November 6. 1995

TABLE OF CONTENTS

Pave

Article I General Provisions .......................................... I

Article 11 Definitions ................................................ 5

Article III Districts ................................................. 16

Residential (R-20) ........................................ 20

Residential (R- 11) ........................................

Residential. Mixed (R-M) ................................. 24

Business. Geneml (B-G) ........................... I ....... 28

Industrial. Limited (I-L) ................................... 31

Agricultuml (A-1) ........................................ 33

Chesapeake Bay Preservation Area
Overlav District (CBPA) ............................... 38

Article IV Sign Regulations ........................................... 51

Article V Off-Street Parking .......................................... 55

Article VI Nonconforming Uses ........................................ 56

Article VII Administration and Enforcement ................................ 59

Article VIII Special Use Permits ......................................... 60

Article fX Provisions for Appeal ........................................ 62

Article X Amendments .............................................. 66

Article M Zoning Guidelines .......................................... 66

Article XJJ Site Plan Requirements ...................................... 68

Article XIll Supplemental District Regulations ................................ 74

Article M Fee Schedule ............................................. 75

Town or Exrnore Zoning Ordinance - Adopted August 3, 1994 - Amended November 6. 1995

NIAPS & FIGURES

MaR Patze

Town of Exmore Zoning Map .................................. 17

Town of Exmore Chesapeake Bay
Preservation Area Overlay District Map ........................... IS

FiRu

Illustration of Lot and Yard Requirements .......................... 19

Town of Exrnore Zoning Ordinance - Adopted August 3. 1994 - Amended November 6, 1995

Article I - General Provisions

1-1 PurDose and Authorltv to Zone. Whereas, by act of the General Assembly of Virainia as
provided in Title t5.t, Chapter It, Article 8. Section 15-t-486 throuah 15.1-498. Code of
Vir!2@inia, as amended, the szoverniniz bodv of any county or municipality may, by ordinance,
divide the territory under its Jurisdiction into districts of such number, shape, and area as it may
deem best suited to carry out the purposes of this article, and in each district it mav re,-)rulate,
restrict, permit, prohibit,'and determine the following:

A. The use of land, buildinszs. structures. and other premises for aggicultural, commercial.
industrial, residential, and other specific uses: and

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

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

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

Therefore, be it ordained by the governing body of the Town or' Exmore, Virginia. for the
purpose of promoting the health, safety, and/or general welfare of the public and of further
accomplishing the objectives of Section 15.1-427 of the Code of Virginia, that the following be
adopted as the zoning ordinance of the Town of 'Exmore, Virginia, together with the accom-
panying map. This ordinance has been designed: (1) to provide for adequate light, air,
convenience of access, and safety from fire, flood, and other dangers; (2) to reduce or prevent
congestion in the public streets; (3) to facilitate the creation of a convenient, attractive, and
harmonious community; (4) to expedite the provision of adequate police and fire protection,
disaster evaciation, civil defense, transportation, water, sewerage, schools, parks, forests,
playgrounds, recreational facilities, airports, and other public requirements.- (5) to protect against
destruction of or encroachment upon historic areas, (6) to protect against one or more of t he
following: overcrowding of land, undue density of population in relation to the community
facilities existing or available, obstruction of light and air, danger and congestion in travel and
transportation or toss of life, health, or property from fire, flood, panic, or other dangers; (7) to
encourage economic development activities that provide desirable employment and enlarge the
ax base; (8) to promote affordable housing; (9) to protect surface water and ground water; and
(10) to be in accord with and to implement the goals, objectives and policies set forth in the
t

Exmore Town Plan, as adopted by the Exrnore Town Council.

1-2 Rei)eai of'Conflictiniz Ordinances. All ordinances or portions of ordinances in conflict with
this ordinance! are hereby repealed to the extent necessary to give this ordinance full force and
effect.

Town (of Eimore Zoning Ordinance - Adopted August 3. 1"4 - Amended November 6. 1995

1-3 Ordinance Sets.Minimum Standards. Whenever the standards set forth in this ordinance are
at variance with the requirements of any other lawfully adopted statutes. rules, regulations. deed
restrictions, covenants, or ordinances, the most restrictive, or that imposing the highest standards
shall 4overn.

1-4 Town 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 by the Town ot Exmore of the
sultabilitv of such land. or structure for developing or use.

1-5 Severability Clause. Should any section or provision of this ordinance be declared by the
courts to be unconstitutional or invalid. such decision shall not affect the validity of this
ordinance as a whole or any other part thereof other than the part so declared to be
unconstitutional or invalid.

1-6 Non-exclusionarv Intent. It Is not the intent of this ordinance to exclude any economic,
racial, religious or ethnic group from enjoyment of residence, land ownership or tenancy within
the Town; nor is it the intent of this ordinance to use public powers in any way to promote the
separation of economic, racial, religious, ethnic groups nor persons with disabilities nor is it the
intent of this ordinance to use public powers in any way to denv anyone the otherwise lawful use
of the resources within the Town of Exrnore based upon family status, except as may be the
Lncidental result of meeting the purpose outlined in Section 1-1, herein.

1-7 Provisions for Official Zoning Mgp. The boundaries of the zoning districts are shown on
the official zoning map of the Town of Exrriore, Virginia, which together with all notations,
amendments, and explanatory matter thereon are hereby made a part of this ordinance. The
official zoning map shall be attested by the signature of the Mayor of the Town, whose signature
shall be wime-ssed, and shall remain on file in the office of the Zoning Administrator and/or
Town Hall where it shall be accessible to the general public.

An exact copy of such map shall be filed with the Clerk of the Circuit Court of Northampton
County, Virginia.

1-7.1 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 maintained in the office of the Zoning
Administrator and/or Town Hall.

Changes to this ordinance which involve matters portrayed on the official zoning map
shall ;ecome effective immediately upon being entered onto the official zoning map or
matter shown thereon except in conformity with the procedure set forth in this ordinance.
Any unauthorized change of whatever kind by any person shall be considered a violation

Town of Eimore Zonme Ordinance - Adopted August J. 1994 - Amended Nnvember 6, 1995

of this ordinance and punishable as provided under Article VII.

1-7.2 Rei)lacement. In the event that any or ail of the offlicial zoning map becomes
damaged- destroved, lost or difficult to interpret because of the nature or number of
chamues and additions, the Town Council may by resolution adopt a new official zoning
'The new officia I zoning map may ".7
map. correct drafting or other errors. or omissions in
the prior official zoning map, but no such correction shall have the effect of amending
the oriainal 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 signi icant parts thereof remaining shall be preserved, together with ail
available records pertaining to the adoption and amendment, if any, of the prior map or
maps,

.1-7.3 AoRiication and Intemi-etation of District Boundaries. Where uncertainty exists as
to the boundaries of zonine districts as shown on the official zoning map, the following
rules shall apply-

A. Where district boundanies are indicated as approximately following or being at
right angles to the center lines of streets, highways, alleys., or railroad main tracks,
such center lines or lines at right angles to such center lines shall be construed to
be such boundaries, as the case may be.

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

C. If no distance, angle, curvature description, or other means is given to deterrnine
a boundary tine accurately and the foregoing provisions do not apply, the same
shall be determined by the size of the scale shown on the official zonin2 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 VEEL

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 VIR.

1-8 Application of District Regulations. The regulations set by this ordinance within each district
shall be minimum re-eulations and shall apply uniformly to each class or kind of structure or land
except as hereinafter provided:

Town ol Ex..,, bining Ordinance - Adopted August 3, 1994 - Amended Sovember 6. 199;

A. No buildin- 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 re2ulations herein specified for the district in which it is located
or is to be located.

B. No buildina shall hereafter be erected. constructed. or altered so as to exceed lielszht or
bulk limits, to accommodate or house a greater number of families, to occupy a greater
percentage of lot area, or to have narrower or smaller rear yards, front yards, side yards,
or other open spaces than herein required.
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C. No new yard or lot shall hereafter be created nor shall any yard or lot existing at the time
of enactmentof this ordinance be altered so that width, depth, or area requirements: front
side, or rear requirements, or other requirements of this ordinance are not maintained.
except when a portion of a lot is acquired for public use.

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

Town or Exrnore Zonine Ordinance - Adopted Au2ust 3. 1994 - Amended Novernber 6.

Article 11 - Definitions

For the purpose of this ordinance, certain words and terms are defined as follows. Words used
in the present tense include the future. Words in the singular include the plural, and the plural
includes the sin2ular.

11- 1 Accessorv Use or Structure.- A subordinate use or structure customarily Incidental to and
located upon the same lot occupied by the main use or building. This definition of accessory
structure shall include satellite dishes.

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

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

11-4 A2riculture: The tillin- of the soil, the raisiniz of crops, horticulture. forestry, and gardening,
Including the keeping of animals and fowl, and including any agricultural Industry or business
such as fruit packing. plants, dairies, or similar uses.

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

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

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

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

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

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

Town of Exmore Zoning Ordinance - Adopted August 3, 1994 - Amended November 6, 1995

II-11 Best Management Practices (BMPs): A practice, or a combination of practices. that is
determined bv 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.

II-12 Boarding House: A building where, for compensation. lodging and meals are provided for
at least five (5) and up to fourteen ( 14) persons,

II-13 Building : Any structure having a roof supported by columns or walls for the housing or
enclosure of persons', animals. or chattels.

II-14 Building, Accessorv: A subordinate structure customarily incidental to and located upon
the same lot occupied by the main structure. No such accessorv structure shall be used for
housekeeping purposes.

II-15 Building, Height of The vertical distance measured from the level of the curb or the
established curb grade opposite the middle of the structure to the highest point of the roof if a
flat roof. to the deck line of a mansard roof. or to the mean height level between the eaves and
ridge of a gable, hip, or gambrel roof. For buildings set back from the street line, the height
shall be measured from the average elevation of the ground surface along the front of the
building.

II-16 Building, Main: The principal structure or one (1) of the principal buildings on a lot. or
the building or one (1) of the principai buildings housing the principal use on the lot.

II-17 Cellar: A story having more than one-half (1/2) of its height below grade and which may
not be occupied for dwelling purposes.

II-18 Chesapeake Bay Preservation Area (CBPA): Any land designated by the Exrnore Town
Council pursuant to Part III of the Chesapeake Bay Preservation Area Designation and
Management Regulations, VR 173-02-01, and Section 10.1-2107 of the Code of Virginia. A
Chesapeake Bay Preservation Area shall consist of a Resource Management Area.

II-19 Child Care Center: A licensed private establishment enrolling, six or more children for a
least six hours of the 24-hour day for a prearranged compensation, but not including nursery
schools, kindergartens, or other facilities of which the purpose is primarily educational,
recreational, or medical treatment.

II-20 Commission. 'The: The Joint Local Planning Commission of Northampton County,
Virginia.

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

Town of Exmore Zoning Ordinance - Adopted August 3, 1994 - Amended November 6,1995

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

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

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

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

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

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

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

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

II-30 Dwelling, Single-Family: A structure arranged or designed to be occupied by one (1)
family, the structure having only one (1) dwelling unit.

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

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

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

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

II-35 Garage, Private: Accessory building designed or used for the storage of not more than three
(3) automobiles owned and used by the occupants of the building to which it is accessory. On
a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the

storage of one and one-half (1 1/2) times as many automobiles as there are dwelling units.

To-An (WEimore Zoning Ordinance - Adopted August 3. 1994 - Amended November 6. 199,;

rivate crara(ye, desi-ned or used
11-36 Garaae, Publ.'c: A building or portion thereof, other than a p i C I
for servicing, repairing, equipping, renting, selling, or storing motor-driven vehicles.

11-37 Golf Course: Any golf course, publicly or privately owned, on which the game of golf is
played, incfudinLy accessory uses and buildinas customarv thereto, but excluding golf drivingr
ran(-,-es as defined herein.

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

11-39 Governine Bodv- The Town Council of Exmore, Vircrinia.

11-40 Guest Room: A room which is intended, arraneed, or designed to be occupied, or which
is occupied. by one (I) or more guests paying direct or indirect compensation therefor, but in
which no provision is made for cooking. Dormitones are excluded.

11-11 HiLhlv Permeable Soils: Soils with a uiven potential to transmit water through the soil
profile. Highly permeable soils are identified as any soil having a permeability equal to or
areater than 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 Soils
I I ice Technical Guide" of the U.S. Department of
Handbook" of July, 1983 in the "Field Off
A!zrlculture Soils Conservation Service.

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

11-43 Home Garden: A earden in a residential district for the oroduction of veeretables. fruits,
7
and flowers crenerally for use and/or consumption by the occupants of the premises.
Z@

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

A. No more thanone other 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 (25) percent of the floor area of the dwelling unit or twenty-five (25) percent
of said floor area if conducted in an accessory building, shall be used in the conduct of
the home occupation.

C. There shall be no change in the outside appearance of the building or premises, or other
visible evidence of the conduct of such home occupation other than one sign, not
exceeding four (4) square foot in area, non-illuminated.

Town of Extuore Zoning Ordinance - Adopted August J. 1994 - Amended November 6. 1994

D. There shall be no sales, other than items handcrafted on the premises. in connection with
such home occupation.

E. No traffic shall be --enerated bv such home occupation in greater volumes than would

I
normally be expected in a resi ent*al ne',_,hborhood. and anv need for parking generated
by the conduct of such home occupation shall be met off t he street and other than in a
required front yard.

F. NLO equipment or process shall be used in such home occupation which creates noise.
vibration. @ilare, fumes, odors. or electrical interference detectable to the normal senses
off tile lot. if the occupation is conducted in a single-family dwelling, or outside the
dwelling unit if conducted in other than a single-family dwellina. In the case of the
electrical interference, no equipment or process shall be used which creates visual or
audible interference in any radio or television receivers off the premises, or causes
fluctuations in line voltage off the premises. Bed and breakfast houses, boardingr and
rooming houses, tourist homes and private education institutions. the conducting of a
beauty or barber shop with more than two (2) operators, tea room or restaurant, rest
home. clinic, doctor or dentist office, child care center, real estate office, or cabinet,
metal, or auto repair shop shall not be deemed a home occupation.

U-45 Hospital: An institution renden'tic, medical. surcacal. obstetrical. or convalescent care,
including nursing homes, homes for the aaed and sanatoriums; but in all cases excluding
institutions primanily for mental patients, epileptics, alcoholics. or drug addicts (certain nursing
homes and homes for the aged may be "home occupations" if they comply with the definition
herein).

11-46 Hosl2ital. Special Care: A special care hospital shall mean an institution rendering care
primarily for mental patients, epileptics, alcoholics, or drug addicts.

U-47 Hotel: A building designed or occupied as the more or less temporary abiding place for
fourteen (14) or more individuals who are, for compensation, lodged, with or without meals, and
in which provision Is not generally made for cooking in individual rooms or suites.

11-48 Hvdn'c Soils: Soils that are wet frequently enough to periodically produce anaerobic
conditions thereby influencing the species composition or growth or both of plants -in those soils.

U-49 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.

11-50 Institutional Use: For the purpose of this ordinance institutional uses shall be defined as
those uses that pertain to government or education.

11-51 Junk Yard: An establishment or place of business which is maintained, operated, or used

Town of Eimore Zoning Ordinunce - Adopted Aueust J. 1994 - Antended November 6. 19"_5

for stoning keeping buying or selling, *unk. or for the maintenance or operation of an automobile
-ravevard, and the term shall 'nciude garbage dumps and sanitary fills.

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

11-53 Livestock N'larket: A commercial establishment wherein livestock is collected for sale and
auctioned ofE

11-54 Lot: A parcel of land occupied or to be occupied by a main structure or grout) of main
structures and accessorv structures, toslether with such yards, open spaces. lot width, and lot areas
as are required by this ordinance. and having frontage upon a street, either shown on a plat of
Z@ Z@
record or considered as a unit of property and described by metes arid bounds.

ll-i5, Lot Coverage: The impervious area of any lot or parcel including but not limited to
buildings, roads, drives. park-ins-, areas. sidewalks, patios. decks. etc.

11-56 Lot, Come : A lot abuttin- on two (1) or more streets at their intersection. Of the two
sides of a comer lot, the front shall be deemed to be the shortest of the two (2) sides fronting on
streets.

11-57 Lot. DeL3th of. The average horizontal distance between the front and rear lot lines.

11-58 Lot, Double Frontaize: An interior lot having frontage on two (2) streets.

11-59 Lot, Interio - Any lot other than a comer lot.

11-60 Lot. Width: The width of anv lot at the setback line, calculated by measuring back a
uniform distance from the street line' as required by the setback regulation. If the street line
curves or angles, then. the setback line shall also curve or angle uniformly with the street line and
the lot width shall be, calculated along the said curve or angle setback line.

11-61 Lot of Record: A lot which has been recorded in the Clerk's Office of the Circuit Court.

11-62 Manufacture and/or Manufacturing: The processing and/or converting of raw, unfinished
materials, or products., or either of them, into articles or substances of different character, or for
use for a different purpose.

TI-63 Manufactured Home: A structure constructed to federal standards, transportable in one or
more sections. whick. in the traveling mode. is eight (8) feet or more in width and is forty (40)
or more feet in length, or when erected on site, is three-hundred and twenty (.3 )20) or more square
feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with
or without a permanent foundation when connected to the required utilities, and includes the
plumbing, heating, air conditioning, and electrical conditions contained therein. The term "mobile

Town of Exrnore Zonine Ordinance - Adopted August j. 1994 - Attlended November 6. 1994

home," once widely used to describe transportable housing units. has been replaced in the Code
of Vir--inia, Section 36-85.16 et seq., by the term "manufactured home."

11-64 Vlanufactured Home Park or Subdivislom Anv area desit)-rned to accommodate two (2) or
more manufactured homes intended for residential use where residence is in manufactured homes
exclusively.

11-65 Moblle Home- A transportable, factorv built home desianed to be used as a vear-round
residential dwelling and built prior to the enactment of the Federal Manufactured Housing
Construction and Safety Standards Act of'1974. (This definition shall not include motor homes
and travel trailers.)

11-66 Motor Home: Every private motor vehicle with a normal seating capacity of not more than
ten persons, including the driver, desig ed p imarily for use as living quarters for human beins'ars.
ZIn n I I = -

11-67 Nonconformina Lot: An otherwise lesiaily platted lot that does not conform to the
minimum area or width requirements of this ordinance for the district in which it is located either
at the effective date of this ordinance or as a result of subsequent amendments to the ordinance.

11-68 Nioncoril'ormina Activitw The otherwise leszal use of a buildin2 or structure or of a tract
of land that does not conform to the use re!aulations of this ordinance for the district in which it
is located. either at the effective date of this ordinance or as a result of subsequent amendments
to the ordinance.

11-69 Ntonconform= Structure: An otherwise le2al buildin2 or structure that does not conform
with the lot area. yard, height, or other area regulations of this ordinance, or is designed or
intended 'for a. use that does not conform to the use regulations of this ordinance for the district
in which it is located, either at the effective date of this ordinance or as a result of subsequent
a*mendments to the ordinance.

11-70 Nonvoint Source Pollution: Pollution consistiniz of constituents such as sediment, nutrients,
and organic and toxic substances from diffuse sources. such as runoff from aRricuiture and urban
land development and use.

,11-71 Niontidal Wetlands: Those wetlands other than tidal wetlands that are inundated or saturated
by surface or ground water at a frequency and duration sufficient to support, and that under
normal circumstances do support a prevalence of vegetation typically adapted for life in saturated
soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404
of the federal Clean Water AcL in 33) C.F.R- 328.3b, dated November 13. 1986.

11-72 Noxious Weeds: Weeds that are difficult to control effectively, such as Johnson Grass,
Kudzu, and rnuitiflora rose.

11-7' ) Office: For the purpose of this ordinance offices are defined as a building, room or suite
in which services, clerical work, professional duties or the like are carried out.

T."n of Eimore Zonme Ordin2nce - Adopted August J. 1994 - Amended Novemt*r 6. 1"5

11-74 Parking Spac :: A permanently paved area with an all weather surface, enclosed or
unenclosed, sufFiciej',it in size to store one (1) standard size automobile, to!aether with a
permanently surfaced driveway connecting the parking space with a street or alley and permitting
ing,ress or egress or an automobile.

.11-752arking Area. Off-Street: Parkiwar (as defined in 11-71) space provided for vehicles outside
the dedicated street riaht-of-way.

11-76 Plan of Develooment: The process for site plan or subdivision plat review to ensure
com p I I ance with Section 10. 1-2109 of the Code of Vinainia, Section 111-9.13, and Articf e @Ul of
this Zonint-, Ordinance. prior to any clearing or gading of a site or the issuance of a building
permit.

11-77 Public Road: AL pubiiciv-owned road desl--ned and constructed in accordance with water
quality protection criteria at least as stringent as requirements applicable to the Virinnia
Department of Transportation, including regulations promulgated pursuant to (1) the Erosio
Z7 -- n 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 Virainia Department of Transportation exercises direct supervision
over the desigm or construction activities, or both, and cases where secondary roads are
constructed or maintained, or both, by the local government
in accordance with die standards of that local government.

H-78 Public Water and Sewer Svstems: A water or sewer system owned and operated by the
Town of Exmore or owned and operated by a private individual or a corporation approved @y the
governing body and properly licensed by the State Corporation Commission, and subject to
special re--ulations &s herein set forth.

EI-79 Recreational Vehicle: Vehicular-type structure designed as temporary living
accommodations for recreation, camping and travel use. There are four (4) basic types of
recreational vehicles travel trailers, motor homes, truck campers, and camping trailers.

11-80 Redevelopment: The process of developing land that is or has been previously developed.

11-81 Reguired Opgn Space: Any space required in any front, side, or rear yard.

11-82 Resource Mangeement Area (RMA): That component of the Chesapeake Bay Preservation
Area that includes land types that, if improperly used or developed, have the potential for causing
significant water quality degradation.

11-83 Restaurant: Any building in which, for compensation, food or beverages are dispensed for
consumption on the premises including, among other establishments, cafes, tea rooms,
confectionery shops, or refreshment stands.

H-84 Retail Stores-and Shops: Buildings for display and sale of merchandise at retail or for the

Town of Exinure Zonin% Ordinance - Adopted Au2ust J. 1994 - Amended Novem1wr 6. 1995

rendering of personal services (but specifically exclusive of coal. wood. and lumber vards) such
as the followin- which will serve as illustration: dru.,z store. newsstand. food store. candy shop,
milk dispensary, dry goods and notions store, antique store and gift shop, hardware store,
household appliance store. furniture store, t1orist, optician, music and radio store. tailor shop,
barber shop. and beauty shop.

11-35, Satellite Dish: -k device incor-Porant-m a reflective surface that *,is solid. open mesh. or bar
coriffi-,ured and is in the shape of a shallow dish. cone- horn- or cornucopia. Such device shall
be used to transmit and/or receive radio or efectromasmetic waves between terrestrially and/or
orbitailv based units, This definition includes. but is not liMiTed to. satellite earth stations,
TVROs (television reception only satellite dish antennas), and satellite microwave antennas.

11-86 Sawmill: A portable sawmill located on a private property for the processing of timber cut
only from that property or from property 'immediately contiguous and adjacent thereto.

11-87 Setback: The minimum distance by which any building or structure must be separated from
the front lot line.

11-88 Sian.: Any display of any letters, words, numerals, figures, device, emblems, pictures, or
any parts or combinations thereof, by any means whereby the same are made visible for the
purpose of making anything known. where such display be made on, attached to, or as a part of
a structure, surface. or any other thing including, but not limited to, the around, any rock, tree,
v
or other natural object. which displa, is visible beyond the boundaries of the parcel of land on
which the same is made. A display of less than one (1) square foot in area is excluded from this
definition.

U-88.1 Business. A sign which directs attention to a product, commodity, or service
available on the premises.

H-88.2 Home Occupation. A simi. riot exceedino-, four (4) square feet in area directing
attention to a product, commodity, or service available on the premises, but which
product, commodity, or service is 'clearly a secondary use of the dwellina.

U-88.3 General AdvertisinLx. A sien which directs attention to a product, commodity, or
service not necessarilv available on the premises.

H-88.4 Location. A sim which directs attention to the approximate location of an
establishment from which the advertised product may be obtained.

U-88.5 Directional. A directional sign which indicates the direction to which attention
is called four (4) square feet or less In area. giving the name only of the farm or business
f
responsl or the erection of same, one end of which may be pointed, or on which an
arrow may be painted.

U-88.6 Identification. A sign, not exceeding sixteen (16) square feet in area, for the

Town f E.,..re Znnene Ordinance - Adopted August J. 1"4 - Amended NoveMber 6. _t99';

purpose of showma the name and use of a convent, monastery, seminarv. church. countr
v
club, sanitar* I I I
ium, cemeterv. children's home. orphanage. fraternal organization. hospital.
or other similar establishment. when such use is permitted in a residence zone as specified
in this article and such sium is erected or displayed on the property as identified.

11-89 Sian Structure: Includes the supports. uprights, bracing, and f'ramework of any structure.
be it sinale-faced, double-faced, v-tv 1-visle exhibiting a cign
pe, or othe @ - -=- 1

11-90 -Sign, Teml2orarv: A sign applying to a seasonal or other brief activitv such as. but not
limited to, summer camps, horse shows. auctions. or sale of land. Temporary sisins shall conform
in size and type to directional signs.

11-91 Store: See Item 11-81, Retail Stores and Shops.

11-92 Story- That portion of a building, other than the basement. included between the surfac_-
of any floor and the surface of the floor next above it. If there is no floor above it. the space
between the floor arid the cellin2 next above it.

11-93 Story, Half. A space under a sloping roof, which has the line of intersection of roof
decking and wall face not more than three (3) feet above the top floor level. and in which space
not more than two-thirds of the floor area is finished off for use.

11-94 Street Road: A public thorouszhfare, except an alley or driveway, which affords principal
means of access to abutting property.

11-95 Street Line: The dividing line between a street or road night-of-way and the contiguous
property.

11-96 Structure: Anything constructed or erected, the use of which requires permanent location
on the a-round. or attachment to somethins., having a permanent location on the ground. This
includes. amona other things, dwellings, buildings. si
igns. etc.

11-97 Tourist Cou Motel, Cabins, or Motor Lodge: One (1) or more buildin2s containins!
individual sleeping rooms, designed for or used temporarily by automobile tourists or transients.
with garage or parting space conveniently located to each unit. Cooking facilities may be
provided for each wift.

U-98 Tourist Home.: A dwelliniz where only lodging is provided for compensation for up to
fourteen (14) persons (in contradistinction to hotels and boarding houses) and open to transients.

H-99 Travel Trailer: Vehicular structure mounted on wheels which is designed as temporary
living accommodations for recreation, camping, and travel use and can be easily towed by
automobile or small truck and does not require special highway movement permits.

11-100 Truck CgMer: Portable structure designed to be loaded onto or affixed to the bed or

Town 4 Emore Zonine Ordinance -Adopted Au2ust J. 1994 - AnIended Noven1her 6. 1994 -

chassis of a truck. Designed to be used as temporary living accommodations for recreation,
camping, and travel use.

11-101 Use. Accessory- A subordinate use customarily incidental to and located upon the same
lot occupied by the main use.

TI_ 1, 0,@ - A variance is a reasonable deviation, uirant-d by the Board of Zoning Appeals,
I - Variance. I I
from those provisions regulating the size or area of a lot or parcel of land or the size, area, bulk,
or location of a building or structure when the strict application of the ordinance would result in
unnecessary or unreasonable hardship to the property owner. and such need for a variance wouid
not be shared, crenerailv by other properties. provided such variance is not contrary to the intended
spirit and purpose of the ordinance. and would result in substantial Justice being done.

11-103 WavsIde Stand. Roadside Stand. WavsIde Market: Anv structure or land used for the sale
of aQrlcultural or horticultural produce. livestock, or merchandise produced bv the owner or his
family on their farm.

11-104. Wetlands: Nontidal wetlands.

11- 10 5 Yard: An open space on a lot other than a court unoccupied and unobstructed From the
,ground upward, except as otherwise provided herein.

11- 105. 1 Front. An oven space on the same lot as a building between the front line of the
building (excluding steps) and the front tot or street line, and extending across the full
.7
width of the lot.

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

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

To"n of Fxmore Zonine Ordinance - Adopted August 3. IM - Amended November 6. 1995

Article ffl - Districts

111-1 Enumeration of Distn'cts. For the purpose of this ordinance, the incorporated area of the
Town of Exmore, Virginia, is herebv di ided into the followina districts:
Z:) I vi 1 1 1

Rosidential R -2 0 page 20

Residential R-1 I page 221

Residential. Mixed R-M page 224

Business. General B-G page -2 8

Industrial. Limited I-L page 31

Agricultural A-1 page

Chesapeake Bay Preservation
Area Overiav District CBPA page 38

Locations of these districts can be found on Map 1, page 17, and on Map 2. page I S.

A graphic illustration of lot and yard requirements may be found on Figure 1, page 19.

13-G-
R-20 A-11
LE-XMCPE
B-G
B-G
B-G

A-1
A-

A-1

R-M

L
-B-G-

B-G

map I

ZONING M"
13 -4G
R-11 Residential
R-20 Residential
R-M Residential, Mixed
B-G Business. General
I-L Industrial, Umded
A-1 Agncuitural

...............
...........
TOWN OF EXMCRE

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

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

...........
. . .............
......... . ... ...
el
.... .............
...............

...........

..................
.............. .
. .............
.. -------

...... . ....
.............
. ........... --
.........

[email protected] -Xir
............

.. .........

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

... ......

M
.. . .. ....
. ....... .. . .....

.. ........

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

Map 2

CHESAPEAKE SAY
PRESERVATION AREAS

...... Resource Management Area
Chesapeake
Bay Watershed
Boundary

Fig. 1

ILLUSTRATION OF:-OT T ERMS

Street Frontace

Side Lot
Lines
Interior

-at
2 Death
U-
Rear Lot Une

Intenor
Comer Lot Width -r
Lot

Street Frontage

11-1-USTRATION OF RE-ZUIRED YARDS

Accesory Required
Rear Building Rear Yarc
Yard

MAIN
Required BUILDING
Side
Yard ea
Pred
Side
Yard

F:fonr
Yard Required F-ont
Ffont Lac Line Yard

Street ROW

Town of Exmore Zoning Ordinance -Adopted August 3, 1994 - Amended 'November 6,1995

III-2 Residential District, R-20

III-2.1 Statement of 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. This area is represented as R-20 on page 18 of the Town of
Exmore. Virginia Zoning Ordinance and as Residential on the Future Land Use Map in the
Exmore Town Plan.

III-2.2 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, modular and sectional dwellings.

B. Accessory uses and structures.

C. Agriculture,including the growing of forest, fruit- field and vegetable crops. but excluding
grain drainers.feeder lots. dairy barns. agricultural lagoons. poultry and hog houses 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. Signs, subject to the provisions of Article IV hereof

F. Home occupations, as defined.

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

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

I. Churches.

J. Country Clubs, golf courses, boat landings, swim and tennis clubs.

111-2.3 Special Exceptions: The following principal uses and structures may be permitted as a
special use in the R-20 District, subject to all the other requirements of this ordinance, only upon
the obtaining of a Special Use Permit from the governing body.

A. Day Care Centers.

B. Rehabilitation and Group Homes or Centers.

Town of Exmore Zoning Ordinance - Adopted August 3, 1993- Amended November 6,1995

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

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

E. Funeral homes-

F. Rooming and Boarding Houses.

G. Inns, General, and Bed and Breakfast.

H. Condominiums. subject to Article XIII.

III-24 Minimum Area. Lot Size. Lot Width. Setbacks and Height Requirements:

A. Lot Coverage: Lot coverage in the R-20 distict shall not exceed forty (40) percent of the
area of the lot.

B. Minimum Area - None required.

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

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

E. Yard Requirements. -Minimum Setbacks:

Primary Accessory
(1) From U.S. Rt. 13 100 ft. 100 ft.
(2) From other Accesswavs 60 ft. 60 ft.
(3) Rear Yard (standard & protected coves) 35 ft. 6 ft.
(4) Side Yard 15 ft. 6 ft.

F. Height. Maximum - The maximum height for dwellings shall be 35 feet.

G. Corner 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.

Town "Eimore ZoninR Ordinance - Adopted August 3. 1994 - Amended November 6. 199-9

H. 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 averagge setback of residential
structures on either side of the proposed dwelling site.

111-2.5 Off-Street Parkina- Off-street parking shall be provided for the uses permitted in keep'
I i n g,
with Article V hereof

IH-3 Residential District. R-11

111-3). 1 Statement of Intent: This residential district and its re2ulations 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 crenerate noise, crowds. lan-ye concentrations of traffic,
light, 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. This district is represented as
Residential on the Future Land Use Map in the Exmore Town Plan.

111-3.2 Principal Permitted Uses and Structures: The following uses and structures shall be
permitted as a matter of right in the R- I I District, subject to the other requirements of this
ordinance:

A. Single-family, Modular and Sectional dwellings.

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

C. Home occupations, as defined.

D. Churches, as defined.

E. Signs as permitted under Article IV hereof

F. Accessory uses and structures.

G. Drainage, erosion and flood control structures.

M-33 ) Special Excgptions: The following uses shall be permitted in R- I I District, subject to
ail the other requirements of this ordinance, only upon the obtaining of a Special Use Permit from
the governing body.

A. Day'Care Centers and Nurseries.

B. Public and private schools.

Town of Extuore Zoning Ordinance - Adopted August 3. 1994 - Amended November 6. 1995

C. Public U,tilities: Public water and sewer transmission mains or trunk lines and treatment
facilities, including pumping stations, mass or community subsurface drainfields: electrical
power transm ssion and distribution substations and transmission pipe ines and pumping
stations, unmanned telephone exchanae centers, microwave and radio transmission and
relay towers and substations.

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

E. Duplex units.

F. Mobile homes, individual. with petition signed by all owners of land, lots or parcels
w
* 1 500 feet of a proposed mobile home site stating no opposition.
ithin ', 1 1 1

G. Fire and Rescue stations.

H. Funeral homes.

1. Cluster development, subject to Article XHI hereof

J. Condominiums, subject to Article M.

III-' ). 4IMinimurn Area. Lot Size. Lot Width. Setbacks and Height Requirements:

A. Lot Coveraae - Lot coveraRe in the R- I I District shall not exceed forty (40) percent of
the area of the lot.

B. Minimum Area - None required.

C. Minimum Lot Size - Minimum. lot size for permitted residential subdivisions and
dwellings shall be eleven thousand square feet with public or central sewer and water
system and twelve thousand (12,000) square feet with either a public or central water or
sewer system, but not both.

D. Lot Width - The minimum lot width shall be eighty (80) feet at the building site, except
comer lots which shall have a width of eighty-five feet.

E. Yard Reguirements. Minimum Setbacks

Primaly Accessorv
(1) From U. S. Route 13 100 ft. 100 ft.
(2) From Other Accessways; 25 ft. 1-5 ft.
(3) Rear Yard (standard & protected coves) 170 ft. 6 ft.
(4) Side Yard 10 ft. 6 ft.

Town oI Exm-,,, Zcmmg Ordin2ncc - Adopted August.3. 1994 - Amended November 6. 1995

!,Vf I -num - The maximum height for dwellings shall be thirty-five feet.
F. He] ght. . ax*i

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

H. In cases where a home is to be built in an established residential area, the minimum
setback of twentv-five feet mav be waived and the setback line mav be the averaize
setback of residential structures on either side of the proposed dwelling site.

111-3. 5 Off-Street Parking.- Off-street parking shall be provided for the uses permitted in keepin2
with Article V, hereof.

IH-4 Mixed Residential District, R--,'vt

111-4. 1 Statement of Intent. It is the purpose of this district to provide for the housing needs and
tastes of a variety of people. Single-family, detached dwellings will be allowed. as will multi-
family dwellings and townhouses in areas where residential deveiooment is recommended to
occur bv the Town of Exmore Town Plan. The re--ulations for this district are desi2ned to
stabilize- and protect the essential characteristics of the district and to promote economical and
efficient land use, appropriate and harmonious variety in physical development, creative design
and a better environment. This area is represented as R-M on page 18 of the Town of Exmore,
Vinainia, Zonina Ordinance and as Residential on the Future Land Use Map in the Exmore Town
Plan.

111-4.2 Principal Permitted Uses and Structures. The following uses shall be permitted subject
to all the other requirements of this ordinance as a matter of right in Nfixed Residential District
(R-M).

A. Single-Family Dwellings.

B. Two-Family Dwellings.

C. Multi-Farnily Dwellings; not permitted with individual water and sewerage systems.

D. Accessory Buildings, including satellite dishes.

E. Schools.

F. Churches.

G. Parks and Playgrounds.

rown of Emnwe Z .... im-, Ordinance - Adopted @xugust j. 199-3 - . %mended November 6. 199;

H. Home Occupations.

1. Public Utilities: poles, distribution lines, distribution transformers. pipes. meters, and
other facilities necessary for the provision and maintenance of public utilities. including
water and seweras-ye facilities. Transmission lines, transmission towers, and electrical
substations are not deemed necessary facilities under this section.

J. Signs as permitted in @kaicle IV.

111-4.3 Soecial Exceotions. The following uses shall be permitted in Mixed Residential District
(R-_1vl), subject to all the other reauirements of this ordinance. only upon the obtaining of a
Special Use Permit froin the goverilnu, bodv.

A. Ni'lanufactured Homes.

I The 2overnlnL, body may. In its discretion, not consider any application for a
Special Use Permit for the location of a manufactured home unless the applicant
submits written comments from all the Property owners within five hundred (500)
feet of the boundary lines of the property upon which the manufactured home is
to be located including the property owners across the street or highway. The
governing body may require the applicant to submit wrirten comments from
additional property owners. This section shall not apply to any application to
locate a manufactured home in an approved manufactured home park-

1 The governing body shall not grant a Special Use Permit to locate a manufactured
home in Mixed Residential District (R-M) unless the applicant agrees to comply
and conform -with the f'ollowina terms, conditions and requirements before the
manufactured home is occupied and has obtained a Certificate of Occupancy. The
Manufactured Home shall be:

(a) Located on the site as outlined in this ordinance,
(b) Anchored according to the Northampton County Building Code-
(c)- Installed with a set of steps at each exit:
(d) Approved by the Northampton County Electrical Inspector;
(e) Approved by the Northampton County Department of Health;
(f) Completely skirted with durable weatherproof material.

J. The manufactured home shall not be occupied before final inspection and the
owner or applicant receives a Certificate of Occupancy from the Northampton
County building official.

4. If the governing body grants a ternporary Special Use Permit the applicant shall
agree In writing to remove the manufactured home on or before the period
specified in the permit.

Town of Exmore Zoning Ordinance- Adopted August 3,1993- Amended November 6,1995

5. If the permit is issued. it will be issued subject to the aforesaid conditions. all
other conditions required in this ordinance and any other conditions which the
governing body may prescribe. If the applicant and/or owner falls to comply with
these conditions, the permit shall become null and void. whereupon the
manufactured home shall be removed from the premises to a legal location.

B. Child Care Centers.

C. Public service facilities such as firehouses, rescue stations, and government offices.

D. Funeral Homes.

E. Bed and Breakfast Houses.

rown of Exmore Zoniw_- Ordinance - Adopted Aullust 3. 1994 - Amended November 6. 1"'_;

111-4.4 Area and Lot Regulations.

Minimum Front Side Pear Height 'vlinimum
Z)
Lot Area Setback- Setback Setback Limit Lot Width
(Sq. Ft.) (Feet) (Feet) (Feet) (Feet) (Feet)

i'vIaln Structures 1,10008 50 8 3 4; 35 4. 5-6 7'@

Accessary ;0 5 15 75
Structures

Duplex 9,0001-1 50 12 35 404.5.6
Structures
20,0002-' 50 1 35 404.5.6 110

1-5,0003-' ';0 12 3) 5 4()4J.6 110

Multi-Family J',6001--'-s 50 12 35 404.5.6 140
Structures
5.5 002-7-8 50 12 3 5 4()4.5.6 140

Not
aflowed",'

Other 25.000' 75 20 3 5 404-5-6 110

With public water and public sewage.

With public water or public sewage but not both.

3 With individual water and sewage facilities.

'Me height limit for dwellings may be increased up to forty-five (45) feet and up to three (3) stories provided there are two (2) side yards for each permitted use. ea&
of which is ten (10) feet or more. plus one foot or more of side yard for each additional, foot of building height over thifty-five (35) feet.

5 A public or sernipublic building such as a school, church. library, or general hospital may be erected to a height of sbay (60) feet from grade provided that requirec
front, side and rear yards shail be increased one (1) foot for each foot in height over thirty-five (35) feet.

6 Church spires. belfries. cupolas, monuments. water towers, chimneys, flues. flag poles. television antennas, and radio aerials are exempt. ParapeE wails my be up tc
four (4) feet above the height of the building on which the wails rem.

I Square feet per dwelling uniL

Lot coverag for all types of R-M development shall not exceed jO % of the area of the 10E.

Town of Exrnore Zonine Ordinance - Adopted August.3, 1994 - Amended Novernher 6. 1994

111-5 Business. General District, B-G

111-5.1 Statement of Intent. This district is intended to provide for the conduct of general
'des convenience, --oods and services to Town residents and those peopie
business which provi I
living In close proximity to the Town and which is compatible with adjacent residential uses.
This area is represented by B-G on pagge 18 of the Town of Exmore. Virginia, Zoning Ordinance
and as Business on the Future Land Use Nlap in the Exmore Town Plan.

III-i-I-PrIncloal Permitted Uses and Structures. The followinsz 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. Librafies.

G. Clothes Pressing and Cleaning Shops.

H. Restaurants, enclosed.

1. Signs as Permitted under Article IV herein.

J. Retail Service Stores such as barber shops, beauty parlors, shoe repair-shops, hand laundries,
laundromats, establishments for receivin!a and distributing articles for laundering or cleaning,
and blue print, photostat and similar reproduction and printing establishments.

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

L. Retail Sales Stores such 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 goo for retail sale in
., ds
the same establishment but not including the killing of poultry or any other livestock;
furniture; household furnishing and decorating 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; newsstand and similar retail establishments.

A Public Utilities: Poles, distribution lines, distribution transformers, pipes, meters, and other

Town of Exmore Zoning Ordinance- Adopted August 3, 1994- Amended November 6, 1995

facilities necessary for the provision and maintenance of public utilities. Including water and
sewage facilities. Transmission lines, transmission towers- and electrical! Substations are not
deemed necessarv facilities under this section.

N. Radio Broadcast and, and Television Stations and Studios.

0. Theaters (indoor).

P. Taxicab Stands.

Q. Virginia ABC Stores.

R. Health Spa Centers.

S. Educational Institutions.

T. Schools of' Special Instruction.

U. Child Care Centers.

V. Community Centers.

W. Drainage, Erosion and Flood Control Devices.

X. Residential Apartments above stores.

Y. Hotels and Motels.

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

A. Automobile Service Stations and Car Wash Facilities.

B. Bowling Alleys, Roller Skating and Ice Skating Rinks. Billiard Parlors and Pool Rooms,
Dance Halls and similar forms of public amusement.

C. Public Utilities: Public water and sewer transmission main trunk lines and treatment
facilities, pumping stations electrical power transmission and distribution substations and
transmission lines and towers: oil and gas transmission lines and substations: unmanned
telephone exchange centers, microwave and radio wave transmission and relay towers and
substations.

D. Funeral Parlors, Homes.

Town of Exmore Zoning Ordinance- Adopted August 3, 1994- Amended November 6, 1995

E. Craft Industry

111-5.4 Area Regulations,. The minimum lot area for any permitted use shall be unrestricted.

Yard Regulations The following are the yard regulations for B-G districts:

A. B-G uses which use a side yard must have a minimum side yard of 10 feet.

B. B-G uses tha t are adjacent to a residential district must have a minimum side yard of 10 feet
and a minimum rear yard of 20 feet.

111-5.6 Height Regulations. Buildings may be erected to a height of 35 feet and two and one-half

(2 1/2) stories, except that-

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

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

C, A public or semipublic building such as a school. church. or library may be erected to a
height of sixty (60) feet from grade provided that required front. side and rear yards shall
be increased one (1) foot for each foot in height over thirty-five (35) feet.

111-5.7 Access. Each main building shall front on a dedicated public street or a thirty-four (34)
foot minimum width access easement.

111-5.8 Lot Coverage. Lot coverage in the B-G District shall not exceed eighty (80) percent of
the area of the lot.

T,nva ofFmnore Zoning Ordinance - Adopted August 3, 1994 - Amended No%ember 6, 1995

111-6 Limited Industrial District. I-L

111-6.1 Statement of Intent. The primaFY purpose of this district is to permit certain industries
which do not in anv way detract from residential desirabilltv to locate in any area adjacent to
residential uses. The limitations on (or provisions relating to) height of buildings, horsepower,
heatlm!, flammable liquids or explosives, controlling emission of fumes, odors, and/or noise,
landscapinsL and the number of persons emploved are imposed to protect and foster adiacent
residential -desirability while permittinsz industries to locate near a 'labor suiviv. This area is
represented by I-L on page 18 of the Town of Exmore, Virginia. Zoning *6rd-1nance and as
Industrial on the Future Land Use Nlap in the Exmore Town Plan.

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

A. Assembly of electrical appliances, electronic instruments and devices, radios and
phonographs. Also the manufacture of small parts such as coils, condensers, transformers,
and crystal holders.

B. Automobile assembling, painting, upholstering, repairing. rebuilding, reconditioning, body
and fender work. truck repairin-c, or overhaulino, tire retreading or recapping, battery or
automotive parts manufacture.

C. Blacksmith shop, welding or machine shop, excluding punch presses exceeding forty (40) ton
rated capacity and drop hammers.

D. Laboratories - pharmaceutical and/or medical.

E. Manufacture, compounding, processing, packaging, or treatment of such products as bakery
goods, candy, cosmetics, dairy products, drugs, perfumes. pharmaceuticals, perfumed toilet
water, toiletries and food products, and ice manufacture.

F. Manufacture, compounding, assembling, or treatment of articles of merchandise from the
following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt,
fiber, fur, glass, hair, hom, leather, paper, plastic- precious or semiprecious metals or stones,
shell, straw, textiles, tobacco, wood, yam, and paint.

G. Manufacture of musical instruments, toys, novelties, and rubber and metal stamps.

H. Building material sales yards, plumbing supplies storage, lumber mills.

1. Coal and wood yards, lumber yards, feed and seed stores.

J. Contractors' equipment storage yards or plants, or rental of equipment commonly used by
contractors.

r,,.,, a Fm., z.uing Ordinance - Adopted August 3. 1994 - Amended November 6, 199-9

K. Cabinets, furniture, and upholstery shops.

L. Boat building.

N/I. IvIonumental stone works.

N. Veterinary or dog or cat hospitals, kennels.

0. Wholesale businesses, storat!e warehouses.

P. Junk storaae.

Q. Off-street parking as required by this ordinance.

R. Public utility generating, booster, or relay stations, transformer substations. transmission lines
and towers, and other facilities for the provision and maintenance of public utilities,
includin2 railroads and associated facilities, and water and sewera(),e installations.

S. General advertismu i
signs.

T. Location signs.

111-63 Special Exceptions. The following uses shall be permitted in Limited Industrial District
(I-L), subject to all th'e other requirements of this ordinanc'e, only upon the obtaining of a Special
Use Permit from the Exmore Town Council.

A. Gasohol or alcohol manufacturing.

B. Truck terminals, related repair and servicing.

C. Moving businesses, including storage facilities.

D. Assembly of modular building, units.

111-6.4 Area Regulations.

A. There shall be no minimum lot size required, except that which is necessary to satisfy the
minimum setback, yard, parking, and individual sewage disposal area requirements in this
Ordinance.

B. For permitted uses utilizing individual sewage disposal systems, the required area for any
such use shall be approved by the health official. The Planning Commission may
recommend, and the Administrator may require, a greater area if considered necessary for

3 2

Tow" or F-xinore Zonin2 Ordinance - Adopted August 3. 1994 - Amended November 6. 1995

the protection of water quality.

111-6.5 Setback Regulations. The following setback re(4ulation shall apply to ail I-L districts: all
buildin-s shall located 50 feet or more from any street right-of-wav.

111-6.6 Yard Res-yulations. The following yard regulations shall apply In all I-L districts:

A. Side - Each main buildin,-, and accessory buildin2 shall have side vards of 10 feet or more.
Any perm Itted use adjacent to resIdential uses shall have a side yard of 50 feet or more. The
side yard of corner lots in the I-L district shall be a minimum of 2?0 feet.

B. Rear - There are no rear yard requirements for I-L uses. except where permitted uses are
adjacent to residential uses when the rear yard must be a minimum of 50 feet.

111-6.7 Heiaht Re2ulations. Buildings may be erected to a height of thirty-five (135) feet- For
buildings over thirty-five (35) feet in height, approval shall be obtained from the Administrator.
Chimneys, flues, cooling towers, flag p@les, radio or communication towers or their accessory
facilities not normally occupied by workers are excluded from this limitation. Parapet walls are
permitted up to four (4) feet above the height of the buildings on which the walls rest.

111-6.8 Off-Street Parking and Loadina Areas. Off-street parking and loading areas shall be
provided for in keeping with Article V herein.

111-6.9 Supplemental Regulations. For permitted uses located adjacent to residential uses, a
veszetated buffer sufficient for screenine and noise reduction shall be required by the Planning
Commission. Such buffer shall be neatly trimmed and maintained.

111-6. 10 Lot Coverage. Lot coverage in the I-L District shall not exceed seventy (70) percent of
the area of the lot.

M-7 Agricultural District, A-1

111-7.1 Statement of Intent. It is the intent of this district to provide appropriate locations for
open farm land or wooded land. The regulations for this district are designed to keep the
farmland for farming purposes as open land with a minimum of other development. The intent
of the district is to restrict -,eneral farming activity only as far as it would cause health hazards
or excessive annovance to neighboring residential areas. This area is represented as A- t on page

3 3)

-1 omi of rx.., Zoning Ordinance - Adopted Au2ust 3, 1994 - Amended November 6. 199,;

18 of the Town of Exmore Zonin- Ordinance and as At-,r*cultural on the Future Land Use N/lap
in the Exmore Town Plan.

111-7.2 Princip a] Permitted Uses and Structures. The following uses and structures shall be
permitted by right subject to other provisions herein.,

A. General farming.

B. Forestrv.

C. Sinide-family Dwellings.

D. Public Utilities.

E. Specialized Animal Raising.

F. Nurseries and Greenhouses.

G. Open Space Recreation, Playgrounds, Parks.

111-7.3 Special Exceptions. The following uses shall be permitted in the Agricultural District. A-
Z:p -
1, subject to all the other requirements of this ordinance, only upon the obtaining of a Special
Use Permit from the governing body.

A. Manufactured Housing less than nineteen feet in width.

B. Migrant Farmworker Housing.

C. Radio and Television Towers.

D. Churches.

E. Schools, Kindergartens, Nurseries.

F. Animal Hospitals and Veterinary Offices.

111-7.4 Area Reizulations. The minimum lot area for any permitted use shall be one (1) acre.

111-7.5 Setback Reaulations. All structures shall be located thirty-five (3 ) 5) feet or more from any
street right-of-way which is fifty (50) feet or greater in width, or sixty (60) feet or more from
the center of any street right-of-way less than. Fifty (50) feet in width; however, no building need

Town of Exmore Zoning Ordinance-Adopted August 3, 1994-Amended November 6, 1995

be set back more than the average of the setbacks of the two adjacent structures on either side.
A vacant lot Fifty (50) feet or more in width mav be assumed to be occupied by a building
having a, minimum setback. This shall be Known as the "setback- line." On comer lots. the
structures shall be set back thirty-Five (35) feet from both streets.

I I I - 76 Frontage Regulations. For permitted uses. the minimum lot width at the setback line shall
be one hundred (100) feet.

III-77 Yard Regulations. For permitted uses the minimum side yard shall be thirty (30) feet.

III-7.8 Height Regulations. Buildings may be erected to a height of 35 feet and two and one-half
2 1/2) stories. except that:

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

B. Accessorv buildings shall be limited to two (2) stories in height and any accessory building
over one (1) story in height shall be at least ten (110) feet from any lot line.

111-7.9 Access.. Each building shall', front on a dedicated public street or a thirty-four (34) foot
minimum width access easement.

Town of Exmore Zoning Ordinance- Adopted August 3, 1994 - Amended November 6. 1995

III-8 Height. Setback, Density. and Intensity Regulations

Except as otherwise specifically provided in this ordinance, no structure shall be erected or
maintained between any lot line and the pertinent setback distance as specified herein.- and no
structure shall be erected or maintained which exceed's the height limit as specified and
no development. use or structure shall exceed the density and intensity limits as specified here'

Where there is no rear lot line as otherwise defined herein, the required rear setback distance shall
be measured from a line through the point on the lot most distant from any front lot line of the
same lot. which line shall be perpendicular-to a line from said point to the closest point on any
front lot line. If there is more than one such line. the rear setback shall be maintained from anv
one of them at the option of the owner. Minimum lot width shall be measured at the front
setback line.

Toivn of Exmore Zonme Ordinance - Adopted August 1 1994 - Amended November 6. 1995

111-3.1 Schedule of Height, Placement.
Land Use Density and Intensity Regulations

N1111irrIUM Front Side Rear Hei,-,ht Minimum
Lot Area Setback Setback Setback- Limit Lot Width
7one (Su. Ft.) (Feet) iE@L Wcel) (Feen

R-M
Nlain Structures
12.0o0 50 8 3, 5 75

Accessorv 50 5 5 1 i 7 _5

S
Structure
S

Dupiex 9.0ool 1-? 3 5 4W.n@
Stnicnires
20.ooo-, 50 12 11 40'." 110

25.000' 50 12 35 404.@_. 110

3.600" 60 12 140

5.500-@-9 60 12 35 40`@-6 140

Not
allowed3 - - -

Other 25.000 75 io 35 404-4-6 110

Accessorv 50 5 15 100
Structures

B-G None 20 10 None 354-j10 100

I-L None 50 101, None'o 35@_

A- t 43.560 35 30 Nione 35

With public water and public sewage.

With public water or public sewage but not both.

3 With individual water and sewage facilities.

The height limit for dwellings may be increased up to forty-five (45) feet and up to thm (3) stories provided there are two (2) side yards for each pertained use, each
of which is ten (10) feet or more, plus one foot or more of side yard for each additional foot of building height over thirty-five )35) feet.

A public or sernipublic building such as a school. church. library, or general bitspital may be erected to a height of sixty (60) feet from grade provided that required
front, side and rear yards shall be increased one (1) foot for each foot in height over thirty-five ( '35) feet.

Church spires. belfries. cupolas. awnurnents. water towers. chimneys, dues, tlagg poles. television antennas. and radio aerials are exempt- Parapet walls may be up to
four (4) feet above the height of the building on which the walls ten.

In the I-L District approval inay be obtained from the Administrator for buildings over 35 feet in height.

For any permitted use adjacent to residential uses the side yard shall be 50 feet or more. The side Yard of comer lots in I-L District shad be a minimum of '20 feet.

Square feet per dwelling unit.
:'0 For any pennitted use adjacent to residential uses the rear yard shall be a minimum of 50 feet.

Town of Exmore Zoning Ordinance- Adopted August 3, 1994-Amended November 6, 1995

III-9 Chesapeake Bay Preservation Area Overlay District. CBPA

111-9.1 Title. This district shall be known and referenced as the "Chesapeake Bav Preservation
Area Overlav District" of the Town of Exmore, Virginia.

III9.2. Finding of Fact. The Chesapeake Bay and its tributaries constitute one of the most
imporTant and productive estuarine svstems in the world, providing economic and social benefits
to the citizens of the Town of Exmore and the Commonwealth of Virginia. The health of the
Bav is vital to maintaining, the Town of Exmore's economv and the welfare of its citizens.

The Chesapeake Bav waters have been degraded significantly bv manv sources of pollution.
including, nonpoint source pollution from land uses and development. Existing high quality
waters are worthv of protection from degradation to guard against further pollution. Certain lands
that are proximate to shorelines have intrinsic water qualitv 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. thev offer significnat ecological
benefits bv providing water quality- maintenance and pollution control, as well as flood and
shoreline erosion control. These lands together, desinated bv the Exmore Town Council as
Chesapeake Bay Preservation Areas (hereinafter "CBPAs"), which include Resource Protection
Areas (hereinafter "RPAs") and Resource N management Areas (hereinafter "RMAs"), need to be
protected from destruction and damage in order to protect the quality of water in the Bay and
consequently the quality of life in the Town of Exmore and the Commonwealth of Virginia.

111-9.3 Authority. This Article is enacted under the authoritv of Section 10. 1-2 100 et seg. (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)."

III-9.4 Conflict with Other Relations. In anv case where the requirements of this Article
conflict with any other provision of the Town of Exmore Code or existing state or federal
regulations, whichever imposes the more stringent restrictions shall apply.

III-9.5 Definitions. The words and terms used in the Overlay District have the meanings which
are defined in Article II, Definitions, of the Town of Exmore Zoning, Ordinance, unless the
context clearly indicates otherwise.

III-9.6 Purpose and Intent.

A. This ordinance is enacted to implement the requirements of Section 10. 1-2 100 et seq. of
the Code of Virginia (The Chesapeake Bay Preservation Act) as part of the Town of
Exmore Zoning Ordinance. The intent of the Exmore Town Council and the purpose of
the Overlay District is to.- (1) protect existing high quality state waters; (2) restore all

Town of Exmore Zoneing Ordinance- Adopted August 3, 1994-Amended November 6. 1995

other state waters to a condition or qualtv that will permit all reasonable public uses and
will support the propagation and growth of ail aquatic life. inciuding game Fish. which
might reasonably be expected to inhabit thern: (3) safeguard the clean waters of the
Commonwealth from pollution-. (4) prevent anv Increase in pollution-, (5) reduce exasting
pollution-. and (6) promote water resource conservation in order to provide for the health.
safety. and wellfare of the present and future citizens of the Town of Exmore.

B. This district shall be in addition to and shall overlav all other zoning districts where thev
are applied so that anv parcel of land lying in the Chesapeake Bay 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 Overlav District. the review and
-approval procedures provided for in the Town of Exmore Zoning Ordinance Article XIL
Site Plan Requirements, the NorThampTon County Erosion and Sediment Control
Ordinance, and the Northampton County Building Code. including all grading pen-nits and
building permits. shall be followed in reviewing and approving development.
redevelopment. and uses governed by this Article.

III-9.7 Application of CBPA District

A. The Chesapeake Bav Preservation Area Overlay District shall apply to ail lands identified
as CBPAs as desinated bv the Exmore Town Council and as shown on the Town of
Exmore Chesapeake Bay Preservation Area Map as the Chesapeake Bay Preservation Area
Overlav District. The Chesapeake Bav Preservation Area Overlay District is composed
of a Resource Management Area.

(1) Resource Management Areas are generally composed of the following land
categories: highly permeable soils, nontidal wetlands, and hy ic soils.

(2) The Resource Management Area consists of all land in Exmore located within the
Chesapeake Bay Watershed.

B. The Town of Exmore Chesapeake Bay Preservation Area Map shows the general location
of CBPAs and should be consulted by persons contemplating activities within the Town
of Exmore prior to engaging in a regulated activitv.

III-9.8 Use Regulations. Permitted uses, special permit uses, accessory uses, and special
requirements shall be as established by the underlying zoning district. unless specifically modified
by the requirements set forth herein.

III-9.9 Lot Size. Lot size shall be subject to the requirements of the underlying zoning
district(s).

TOwn_-if Fxniore Zonine Ordin2rice - Adnpted Au-_,u%t 3. 1994 - Amended November 6. 1995

HI-9. I O-R-enuired Conditions.

A. A water qualitv impact assessment shall be required for any proposed development within
RNIAs 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 [II-
S. 121 Water Oualitv I I
- - Impact Assessment- of th's Art-cle.

B. All development and redevelopment exceeding 2,500 square feet of land disturbance shall
be subject to a plan of development process. in accordance with Section 111-8. 13. Plan of
Development Process. of this Article,

111-9.1 I.-Performance Standards.

A. Purpose and Intent.

The performance standards establish the means to minimize erosion and sedimentation
potenTial, reduce land application of nutrients and toxics, and maximize rainwater
infiltration. Natural ground cover, especially woody vegetation. is most effective in
holding soil In place and preventing site erosion. Indigenous vegetation, with its
adaptability to local conditions, filters stormwater runoff. Minimizing impervious cover
enhances rainwater infliltration 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
')011 1 ricultural uses.
a /o reduction in nonpoint source pollution from ag i

B. General Performance Standards for Development and Redevelopment.

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

a. In accordance with an approved site plan, the limits of land disturbance,
including clearing or grading shall be strictly defined by the construction
footprint. These limits shall be clearly shown on su6mitted 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.

Town oi'Exmore Zomn,_, Ordinance -'Adopted Aupust 3. 1994 -Amended November 6. 1995

a. Clearine shall be allowed only to provide necessary access. positive site
drainage, water quality BiVIPs, and the installation of utilities. as approved
by the Zonina Administrator.

b. impervious cover shall not exceed eighty (80) percent of the site.

C. Prior *0 clearinu or uradina, suitable protective barriers, such as safevy-
fencinu, 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 around consistent with the use or development permitted.

Notwithstanding any other provisions of this A_rticle or exceptions or exemptions
thereto, anv land disturbin2 activity exceeding 2,500 square feet, including
constructio r of all sin,21e-family houses, septic tanks, and drainfields. shall comply
with the requirements of the Northampton County Erosion and Sediment Control
Ordinance.

(5) All on-site sewage disposal systems not requiring a Virginia Pollutant Discharge
Elimin ation System (.VPDES) permit shall be pumped out at least once every five
V1.
I ears, in accordance with the provisions of the NLorthampton County Health Code.

(6) A, reserve sewage disposal site with a capacity at least equal to that of the primary
sewage disposal site shall be provided, in accordance with the 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 sewaize
ti-eatment 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 ninoff shall be controlled by
tile use of best management practices that achieve the following:

a. For development, the post-development nonpoint source pollution runoff
load shall not exceed the pre-development load, based on the calculated
average land cover condition for Virstima's Chesapeake Bay watershed
(0.45 pounds of phosphorous per acre per year);

b. For redevelopment sites, the nonpoint source pollution toad shall be
reduced by at least 10 percent. The Zoning Administrator may waive or

Town of Eimore Zoninz Ordinance - Adopted Aueust j. 1994 - Amended November 6. 1994

nriodify this requirement for redevelopment sites that orl,-!inallv
incorporated best manaaement 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.-

/[Ps
Runoff pollution loads must have been calculated and the BN
selected for the expressed purpose of controlling nonpoint source
pollution;

3. If best manaaement practices are structural, evidence shall be
provided that facilities are curren I -InLy order and
I ... tly 'n szood work
performing at the design levels of service. The Zoning
Administrator may require a review of both the oriannal structural
desl--n 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 bv the same procedures. However, where the desism data is
available, the on'einal post-development nonpoint source pollution loadings
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
parcel. all wetlands pen-nits required by federal, state. and local laws and
re-
gulations shall be obtained and evidence of such submitted to the Zoning
Administrator, in accordance with Section 111-8.13, Plan of Development Process,
of this Asticle.

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

111-9.12. Water Qualirv Impact Assessment.

A. Purpose and Intent.

The purpose of the water quality impact assessment is to identify the impacts of proposed

rown @,I'Exnmre Zunine Ordinance - Adopted August 1 1"4 - \111endW Noveniner o. 199--4

development on water quality and lands within Resource N'lanagement Areas if deemed
necessary by the Zoninu Administrator to ensure that. where development does take place
it will be located on those oortions of a site and in a manner that will be least disruptive
to the natural functions of sensitive lands, to protect individuals From investing Funds for
improvements proposed for location on lands unsuited for such development because of
hluh uround water. erosion. or vuinerabliltv to flood and storm damaLe: and specifv
initiLyation w'hich will address water quallity protection.

B. Water Quality 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 any proposed deveiopment or redevelopment
within an RNIA unless waived bv the Zoning Administrator when it is apparent that the
unique characteristics of the site (such as the topography, soils. g-roundcover. and location
of wetlands) will prevent the proposed development from causing a degradation of water
quality,

C. Contents of a Water Quality Impact Assessment.

The water quality impact assessment shall be of sufficient specificity to demonstrate
compliance with this Article. The information required in this section shall be considered
a minimum. the Zoning Administrator mav determine that additional information is
necessarv 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) 'Type of na-ving matenial; areas of clearing or grading; and the location of any
structures, driveways and other impervious cover.

(2) Type and location of proposed stormwater management facilities and best
management practices necessary to compiv with performance standards for
stormwater management contained in Section 111-8. 1 LB(7).

(3) Calculation of pre- and post-deveiopment pollutant loading in accordance with
Section M-8. 113(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.

Town of Exmore Zoning Ordinance-Adopted August 3, 1994- Amended November 6, 1995

D. Evaluation Procedure.

1) Upon the completed review of a water quality impact assessment. the Zoning
AdmInistrator will determine if any proposed modification or reduction to the
buffer area is consistent with the purpose and intent of this Article or if the
proposed development is consistent with the purpose and intent of this ArTicle.
The Zoning Administrator will make a finding based on the following criteria in
conJunction with Section III-9.13:

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

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

C. Proposed stormwater management facilities and practices are adequate to
control the stormwater runoff to achieve the required standard for pollutant
control.

d. The development will not result in unnecessary destruction of plant
materials on site:

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

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

III-9.13. Plan of Development Process. -Any development or redevelopment exceeding 2,500
square feet of land disturbance shall be accomplished by a plan of development process prior to
any clearing or grading of the site or the issuance of any building permit, to assure compliance
Article. There shall be two levels of plan of development
with all applicable requirements of this I
process: a Level I Plan of Development process and a Level II Plan of Development process.

A. Level I Plan of Development Process.

(1) Required Information.

A minor plan of development process pertains to individual single-family

dwellin or accessory structures for single-family residences within CBPAs.

Town of Exrnore Zoning Ordinance - Adopted Awgust 3. 1994 - Amended Novefntwr 6. 1995

A Level I Plan of Development Process shall include a plot plan for primary
structures. additions to such structures, and accessory structures which shall be
submitted to the ZonM2 Administrator. At a minimum. the plot plan shall be
drawn to scale and contain the following:

:1. A boundary survey of the site Of available.) or site drawing showins-, the
north arrow and property line measurements.

b. Area of the lot/parcel.

C. Location. dimensions and use of proposed and existim-7 structures includin,2
marine and temporary structures. In the case of temporary structures. the
date when the structures will be removed must be '!ndicated.

d. Location of all building restriction lines. setbacks, easements. covenant
restrictions and ri-aht of ways.

e. Dimensions and location of all dn'vewavs. parking areas or any other
impervious surfaces.

F. Location of all existing and proposed septic tanks and drainfield areas
includima reserve areas and the location of all existing and proposed wells.

or. Limits of clearin,-@, and -radin-

h. Soecifications for the protection of existima trees and ve,2etation during
cleaning, grading and all phases of construction.

I Axea (RIMA) boundary.
I Location of the limits of Resource Management

Location of all erosion and sediment control devices.

k. Amount of impervious surface proposed for the site. (If post-development
imvervious surface will cover less than 16% of the site, the Zonina
Administrator may waive the requirements for a stormwater management
plan).

(2) Level I Plan of Development Process Administration.

The Zoning Administrator shall review and approve or disapprove plot plans in
accordance with Article XIII, Site Plan Requirements, of this Ordinance.

B. Level H Plan of Development Process.

(1) Required Information.

Town of Eimore Zonme Ordinance - Adopted August J. 19 4
9 - Amended November 6. 1995

In addition to the requirements of Article )GI, Site Plan Requirements. of this
Zoninsz Ordinance the Level II Plan of Development Process shall consist of the
plans and studies identified below. These required plans and studies nlay be
coordinated or combined, as deemed appropriate by the Zoning Administrator.
The Zoning Administrator mav determine that some of the Followinsz information
is unnecessary due to the scope and nature of the proposed development.

The following plans or studies shall be submi Eted. unless othenvise provided for-

(a) A site plan in accordance with the provisions of Article XII, Site Plan
Requirements. of'this Zoning Ordinance,

(b) A stormwater management plan,

(c) An erosion and sediment control plan in accordance with the provisions of
Northampton County's Erosion and Sediment Control Ordinance.

(2) Stormwater Management Plan.

A stormwater management plan shall be submitted as part of the plan of
development process required by this Article and in conjunction with site plan or
subdivision plan approval.

(a) Contents of the Plan.

The stormwater manaaement plan shall contain maps. charts., graphs,
tabies, photographs, narrative descriptions, explanations, and citations to
supporting references as appropriate to communicate the information
required by this Article. At a minimum, the stormwater management plan
must contain the following:

1. Location and design of all planned stormwater control devices;

2. Procedures for implementing non-structural stormwater control
practices and techniques;

3. Pre- and post-development nonpoint source pollutant loadings with
supporting documentation of all utilized coefficients and
calculations, such as those in the Local Assistance Manual:

4. For facilities, verification of structural soundness, including a
Professional Engineer or Class aM Surveyor Certification:

(b) Site specific facilities shall be designed for the ultimate

Town of Exmore Zoning Ordinance-Adopted August 3, 1994- Amended November 6, 1995

development of the contributing watershed based on zoning,
comprehensive plans. local public facilitv master plans, or
other similar planning documents.

(c) All engineering, calculations must be performed in
accordance with procedures outlined :In the current edition
of the Local Assistance Manual, Virginia Erosion and
Sediment Control Handbook. Virginia department of
Transportation Drainage Manual. or anv other good
engineering methods deemed appropriate by the Zoning
Administrator.

(d) The pian shall establish a long.-term. schedule for inspection
and maintenance of stormwater mana-ement facilities that
includes all maintenance requirements and persons
responsible for performing maintenance. If the designated
maintenance responsibility is with a party other than the
Town of Exmore. then a maintenance agreement shall be
executed between the responsible party and the Town of
Exmore.

Erosion and Sediment Control Plan.

An erosion and sediment control plan shall be submitted that satisfies the
requirements of this Article and in accordance with the Northampton Countv
Erosion and Sediment Control Ordinance. in conjunction with site plan or
subdivision plan approval.

(4) Final Plan.

Final plans for property within CBPAs shall be final plats for land to be
subdivided or site plans for land not to be subdivided as required in Article XII,
Site Plan Requirements, of this Zoning Ordinance.

(a) Final plans for all lands within CBPAs shall include the following
additional information:

1. All wetlands permits required by law;

2. A maintenance agreement as deemed necessary and appropriate by
the Zoning, Administrator to ensure proper maintenance of best
management practices in order to continue their functions.

Town of Exmore Zoning Ordinance-Adopted August 3, 1994-Amended November 6, 1993

(b) Installation and Bonding Requirements..

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

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

All required landscaping shall be installed and approved by the first
planting season following issuance of ,a certificate of occupancy or
the suretv may be forfeited to the Town of Exmore.

4- All required stormwater management facilities or other
specifications shall be installed and approved within 18 months of
project commencement. unless a six six month extension has been
granted bv the Administrator. Should the applicant fall. after
proper notice. to initiate, complete or maintain appropriate actions
required by the approved plan, the surety may be forfeited to the
Town of Exmore. The Town of Emore may collect from the
applicant the amount by which the reasonable cost of required
actions exceeds the amount of the surety held.

5. After all required actions of the approved site plan have been
completed, the applicant must submit a written request for a final
inspection. If the requirements of the approved plan have been
completed to the satisfaction of the Zoning Administrator such
unexpended or unobligated portion of the surety held shall be
refunded to the applicant or terminated within 60 days following
or final inspection. The
the receip t of the applicant's request f
Zoning Administrator may require a certificate of substantial
completion from a Professional Engineer or Class M B Surveyor
before making a final inspection.

(5) Administrative Responsibility.

Town of Exmore Zoning Ordinance - AdoptW August 3. 1994 - Antended November 0. 1994

Administration of the plan of development process shall be in accordance with
Article ',(II, Site Plan Requirements, of this Zoning Ordinance.

(6) Denial of Plan, Appeal of Conditions or Modifications.

In the event the Final plan or any component of the plan of development process
is disapproved and recommended conditions or modifications are unacceptable to
the avolicant. the applicant may appeal such administrative decision to the
Planni n*!a Commission. In Qrantinsi or denvin2 an avoeal. the Planninu, Commission
must find such plan to be in- accordance with ail applicable ordinances and include
necessarv elements to mitiuate any detrimental impact on water quality and upon
adjacent property. and the surrounding area. or su*ch plan meets the pumose and
intent of the performance standards in this Article. If the Planning Commission
finds that the wolicant's olan does not meet the above stated criteria. they shall
deny approval 0'f' the plan'

111-9.14 ExemRtions.

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

1. Construction. installation, operation, and maintenance of electric, Qas, and
telephone transmission lines, railroads., and public roads and their appurtenant
strucnires, includina sidewalks and lighting, in accordance with (i) reaulations
promulgated pursuant to the Erosion and Sediment Control Law (Section 10. 1-560
et seq. of the Code of Vinainia) and the Stormwater Management Act (Section
10. 1_601 1 et seq. of the Code of Virainia), 01) an erosion and sediment control
plan and a stormwater management plan approved by the Virgrinia Department of
Conservation and Recreation, or (iii) local water quality protection criteria at least
as stringent as the above state requirements will be exempt from the Overlay
District requirements. The exemption of public roads is further conditioned on the
following:

a- Optimization of the road alignment and design. consistent with other
applicable requirements, to prevent or other-wise minimize adverse effects
on water quality-,

b. Public roads as defined in Section 11 of this article are exempt from
Overlay District requirements.

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

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

Town tof Exmore Zoning Ordinance - Adopted August 3. 1994 - Amended November 6. 1995

installation,

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

3. Any land disturbance exceeding an area of 2,500 square feet compiles with all
Northampton County erosion and sediment control requirements.

4. Exemptions for Forestry Activities.

Forestry activities are exempt from the requirements of this Anicle 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.

111-9.15 Exceptions.

A. A request for an exception to the requirements of this Overlay District shall be made in
writing to the Zoning Administrator. It shall identify the impacts of the proposed
exception on water quality and on lands within the RMA through the performance of a
water quality impact assessment which complies with the provisions of Section 111-3. 13.

B. The Zonin2 Administrator shall review the request for an exception and the water quality
impact assessment and mav Qrant the exceotion with such conditions and safeo-uards as
deemed necessary to further the purpose and intent of this Article if the Zoning
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;

(33 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.

Town 4 Fmitore Zimint! Ordinance - Adopted Aucust 1 1994 - Amended November 6. 095

C. ff the Zonin(-y Administrator cannot make the required findinas or refuses to @zrant the
exception. theZonina- Administrator shall return therequestforan exception togetherwith
the water quality impact assessment and the written findinz and rationale for the decision
to the applicant, with a copy to the Board of Zoning Appeals. The applicant may then
apply to the Board of Zoning Appeals for a variance as provided in Article IX. Provisions
for Appeal.

D. The Board of Zoning Appeals shall consider the water quality impact, assessment and the
findin2s and rationale of the Zoninti Administrator in determining consistency with the
purpose and intent of this Article.

Article IV - Sign Regulations

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

IV-L Slans and Flaus Permitted by Ri-ht in any District.

IV-2. 1. Memorial tablets or suans.

TV_1.1.
Signs required to be maintained by law or governmental order, rule, or
regulation, with a total surface area not exceeding ten (10) square feet on
any lot or parcel.

IV-2.3. Signs which are within a ball park or other similar private recreational use
and which cannot be seen from a public street or adjacent properties.

IV-2.4. Flags or emblems of civic. governmental, philanthropic, educational, or
religious organizations, and corporate designed flags.

IV-2.5. Signs displayed for the direction or convenience of the public, including
signs which identify rest rooms, location of public telephones, freight
entrances, no trespassing and posted signs, or the like not exceeding a total
area of eight (8) square feet per sign.

IV-2.6. Signs placed by a public utility showing the location of underground
facilities.

IV-2.7. Church builetin board and identification signs with a total surface area not

Town of Exmore Zoning Ordinance-Adopted August 3, 1994-Amended November 6, 1995

exceeding, thirtv (30) square feet per sign.

IV-2.8. Home occupation slims with a total surface area not exceeding four (4)
square feet per sign.

IV-2.9. Signs advertising the sale or rent of the specific premises where the sign
is located.

IV-2. 10. Signs or a combination of letters mav be attached to a building, or
structure, where business is conducted on the premises. for the purpose of
advertising and displaying the name, address, and/or a business slogan. of
the specific business.

IV-2.11. Four signs not exceeding, six (6) square feet advertising only the price of
a product provided the sign is attached to a permanent structure on the
:specific premises where the business is located.

IV -2.12 'Temporary signs with special permission from the Zoning Administrator.

IV-2.13. In any district, except in R-20, R- 11, or R-M, one (1) of the following
business signs options shall be permitted by night only on the specific
premises where the business is located. subject to other applicable
provisions of this Article.

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

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

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

IV-3 Sign -Permits. Except for signs permitted in Section IV-2 of this ordinance, it shall be
unlawful to erect, locate, establish, display, or paint on a structure any size or type of outdoor

sign or billboard anyw ere within the jurisdiction of the Town of Exmore, Virginia without first
obtaining a Sign Permit from the Zoning Administrator. No such permit shall be issued unless
a fee of two dollars is paid therefor, and unless the proposed sign conforms to the requirements
of this ordinance.

IV-3.1. Before any permit is granted for the erection of a sign, plans and
specifications shall be filed with the Northampton County building official
showing the dimensions, type of materials, and the details of construction
including anchorage. The applicant shall also comply with all other
requirements of the Northampton County Building Code.

Town of Exmore Zoning Ordinance - Adopted August 3, 1994- November 6. 1995

IV-3.2. Any person. firm, or corporation who was operating a business in
Residential Districts R- 11, R-20, or R-M prior to the effective date of this
ordinance and who may desire to erect anv additional signs shall apply for
a Special Use Permit.

IV-4 Setback Requirements. Slums shall be located Fifteen (15) feet or more from anv highwav
or street right of way, and this shall be known as the "setback line." There shall be excepted
from this setback regulation business signs advertising the sale or rent of the premises. which may
be erected up to the- property line.

IV-5 Height Regulations. Signs shall not exceed a height of '20 feet above ground level or the
street to which it is oriented, whichever is higher, without a Special Use Permit from the Town
Council.

IV-6 General Regulations.

IV-6. I.. Except for authorized traffic signs. no sign shall be erected at the
intersection of any streets in such a manner as to create a traffic hazard by
obstructing vision between heights of two and one-half (2 1/2) and eight
(8) feet; or at any location where it may interfere with. obstruct the view
of, or be confused with any authorized traffic sign.

IV-6.2. No sign will be erected which imitates or resembles any official traffic
sign, signal or device or uses the words "Stop" or "Danger" prominently
displayed or presents or implies the need or requirement of stopping or the
existence of danger on anv highwav.

IV-6. No sign will be erected which advertises any activities which are illegal
under State or Federal law or regulations in effect at the location of such
sign or at the location of such activities.

IV-6.4. No sign will be erected which is inconsistent with State law or the
provisions of this ordinance.

IV-6.5. No sign will be erected which involves noise, motion or rotation of ariv
part of the structure or displays intermittent or flashing lights, without a
Special Use Permit from the governing body.

V-7 Flag and Pennant Regulations. It shall be unlawful to display, post. erect, place, or
maintain any type of pennants or flags anywhere in the various Districts except as permitted in
Section IV-2.4 of this Article.

IV-8 Nonconforming Signs. Any sign lawfully in existence at the time of the effective date of
this ordinance may be maintained although it does not conform with the provisions of this
ordinance. Such nonconforming signs shall comply in ail respects with the requirements of

Town of Exmore Zoning Ordinance -Adopted August 3, 1994-Amended November 6. 1995

Article VI relating to nonconforming uses.

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

Town af Exmore Zonin2 Ordinance - Adopted August 3. 1994 - Amended November 6. 1995

Article V - Off-Street Parking

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

V-'@ Parkinu Space Size. Parking space size shall be a maximum of 162 square feet with a width
of 9 feet and a len2th of IS feet and a minimum of 91 square feet with a width of 7 feet and
lenu-th of 13 feet. Parking spaces required for the handicapped shall be 200 square feet with a
width of 10 feet and a leno-th of 20 f'eet.

V-3 Schedule of Off-Street Parking.

Q I SM cts Minimum Off-Street Parking, Requirements

R-22 0 Two (2) parking spaces per dwelling unit.

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

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

B-G One (1) parking space for each one hundred (100) square feet of gross
floor area or fraction thereof.

I-L One (1) parking space for each one hundred (100) square feet of gross
floor area or fraction thereof

V-4 Special Exceptions. The following uses are controlled separately from the above
distfict-wide off-street parking regulations.

V-4. 1. For churches, high schools, college and university auditoriums, and for
theaters, general auditoriums, stadiums and other similar places of
assembly, at least one 1) parking space for every five (5) fixed seats
provided in said building-

V-4 1 For hospitals, at least one (1) parking space for each two (2) bed capacity,
including infants' cribs and children's beds.

V-4. 3. For medical and dental offices, at least ten (10) parking spaces. Three (3 ))
additional parking spaces shall be furnished for each lc'tor or dentist in
such offices in excess of three doctors or dentists.

Town of Exmore Zoning Ordinance - Adopted August 3. 1994 - Amended November 6. 199-4

V-4.4. For fraternal lodges, hunting clubs, golf courses, yacht clubs, country
clubs, and marinas. at least twenty-five (125) parking spaces shall be
provided. Additional parking may be required by the Zoning
Administrator.

V-4. 5. For post offices at least one R) for each fifty (50) box holders but not less
than ten (10) spaces.

.V-4.6. For restaurants at least one (1) parking space per table or booth plus six (6)
for employees.

V-4.7. For motels. hotels, boardina houses, and bed and break-fast inns, one space
pier accommodation (unit) plus sufficient off-street parking for employees
expected during any one shift.

V-5. Requirements for Handicapped Access.

Total Parking Spaces in Lot Accessible Spaces
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150
151 to 200 6
201 to 3100 7
301 to 400 8
401 to 500 9
501 to 1,000 2% of total

Parking spaces for handicapped persons shall have a minimum dimension of
twelve by twenty feet and shall be clearly marked "Handicapped Parking Only."

Article VI - Nonconforming Uses

VI-I Continuation.

VI- 1. 1. If at the time of enactment of this ordinance, any legal activity is being pursued.
or anv lot or structure is 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.

VT-1.2. If any change in title of possession or renewal of a lease of any such lot or

1'.nvn of Exinare Zt)ntne Ordinunce - Adopted Au,_,ut 3. 199.4 - wended Noventher 6, 1994

structure occurs, the use e-xistimi rnav be continued.

VI-1.3. If anv nonconforming use (.structure or activity) is discontinued Cor a period
exceedin(z two (:) vears after the enactment of this ordinance. 'It shall be deemed aban-
doned and any subsequent use shall conform to the requirements of this ordinance.

VT-1.4. Temporary seasonal nonconforming uses that have been in continual operatioll
tbr a period of two (2) years or more prior to the effective date of this ordinance are
excluded from the provisions of this Article.

VT- 11. Uses. structures. or activities which were lawful befibre this ordinance was oassed
or amended. but which would be prohibited. reizulated. or restricted under the teM'1S of
this ordinance or future amendment- may be continued. Any such future use. structure,
or activity shall conform to the requirements of this ordinance or future amendment.

VT-2 Procedure.

VT-2. 1. An aoulication 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 Anicle, the following Information:

A. N-Vame and address of applicant and property owner:

B. Legal description of the property and ty e of proposed use and development:
p

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 Management Area
for any lot or parcel located within a Chesapeake Bay Preservation Area;

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

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

VI-3 Repairs and Maintenance. On any building devoted in whole or in part to any
nonconforming use. work may be done in any period of twelve (12) consecutive months on
ordinary repairs or on repair or reWacement of non-bearing walls, fixtures, wiring or plumbing,
to an extent not exceeding ten (10) percent of the current replacement value of the structure
provided that the cubic content of the structure as it existed at the time of passage or amendment
of this ordinance shall not be increased. Nothing in this ordinance shall be deemed to prevent
the strengthening or restoring to safe condition of any structure or part thereof declared to be
unsafe by any official charged with protecting the public safety, upon order of such official.
'7

r,j-wn of Eimore Zoning Ordinance - Adopted August 3. 1994 - Amended November 6. 19114

VI-4 Expansion or EnlarLyement.

VI-4. 1. A nonconformina structure to be extended or enlars-Ted shall conform with the
provisions of this ordinance.

_VI--4_'1 A nonconformins., actIvItv mav be extended throughout anv part of a structure
which. was arraned or desiuned for Such activitv at the time of enactment of this
ord;-ance.
VI-4.3. The ZoninLy Administrator may agrant a nonconformin2 use and development
waiver for structures on leuaf nonconformin2 lots or oarcels in Chesaoeake Bav
Preseniation Areas to provide for remodeling and alterations or additions to such
nonconforming structures provided that:

A. There will be no Increase in nonpoint source pollution load.-

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

VI-5 Nonconforminsz Lots. Anv lot of record at the time of the adoption of this ordinance which
is tess in area or width than the minimum required by this ordinance may be used provided a
showin- of unnecessarv and undue hardship would result if a variance is not -aranted by the Board
of Zoning Appeals.

VI-6 Restoration or Replacement.

VI-6. 1. If a nonconforming activity is destroyed or damaged in any manner to the extent
that the cost of restoration to its condition before the occurrence shall exceed fifty percent
(50%) of the cost of reconstructing the entire activity or structure, it shall be restored only
if such use compiles with the requirements of this ordinance.

VI-6.2. If a nonconforming structure is destroyed or damaged in any manner to the extent
that the cost of restoration to its condition before the occurrence shall exceed seventy-five
percent (75%) of the cost of reconstructing the entire structure, it shall be restored only
If it complies with the requirements of this ordinance.

VT-6.3. When a conforming structure devoted to a nonconforming activity is damaged
less than fifty percent (50%) of the cost of reconstructing the entire structure, or where
a nonconforminiz structure is darnagred less than seventy-Five percent (75%) of the cost of
reconstructing the entire structure, either may be repaired or restored, provided any such
repair or restoration is started within twelve (12) months and completed within eighteen
(18) months from the date of partial destruction.

Town of Fimore Zonine Onfinance - .%doptE-ti .\u%ust 3. 1"4 - "nendett Noveniher 6. 199-4

V`1-6.4. The cost of land or any factors other than the cost of the structure are excluded
in the determination of cost of restoration for any structure or activity devoted to a
nonconforming use.

Article V11 Administration and Enforcement

VIl- 1 ZonlnLy Permits. No use of any real'- property within the comorate limits of the Town of
Exmore shall take Wace nor shall anv construction or excavation or --radinia therefor commence
prior to the issuance of a zoning permit therefor bv the Zonin Administrator. The zoning permit
shall state that the proposed construction, use, or other activity is in accord with all provisions
of this Zonin- Ordinance. The Zon1n2 Adm*n' romul2ate rules determ'ri'may what
i istrator may p
information shall accompany each application for a permit herein.

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

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

Along with his deputies and inspectors, the Zoning Administrator is hereby empowered to enter
and go upon any private or public property in the Town for the purpose of inspecting for
ID
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.

VTI-4, Violations and Penalties. Any person who violates any provision of this ordinance or any
amendment thereto, or who fails to'perform any act require-d hereunder or does any prohibited
act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine
of not more than one hundred dollars (5100) or imprisonment in the county jail for not more than
thirty ('30) days. or both. for each offense. Each and every day on which any violation is
committed or permitted to continue shall constitute a separate offense and shall be punishable as
such hereunder. Any violation of this ordinance is hereby declared to be a public nuisance per
se and shall be enjoined to cease.

ra)wn sit Fimore Zoning Ordinance - Adopted Aueust 3. 1"4 - Amended November 6. 1"5

Article VTJ1 Special Use Permits

VllI- I Statement of Intent. It is recognized in this ordinance that certain uses are not necessarily
incornpatibie with the uses traditionailv associated with standard zoning districts, if the proper
miiigatin,-@ conditions are enacted along with the proposed use. Therefore, such uses have been
desigmated as special uses, and have been included in Article III. Such uses are allowed in the
associated districts upon the issuance of a Special Use Permit by the Exmore Town Council.

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

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

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

'Irl , I I I it
k- I Ile Zoning Administrator will transmi the collected information and his recommendation
to the Plarmino, Commission. The Planning Commission shall hold a public hearing 1 1
in
accordance with Section 15.1-43 1 of the Co@e of Virginia, as amended, within thirty days
-of re-..-;.pt of the Zoning Administrator's report. The Zoning Administrator's Report, a
summary of the Planning Commission public hearing
I I _, and a recommendation from the
Planning Commission, shall be transmitted to the Town Council by the Town Council's
first meeting after the date public hearing is held.

D. The Town Council shall hold a public hearing in accordance with Section 15.1-43 ) I of the
Code of Virginia, in order to receive public comment and to decide upon the Special Use
Permit application. Such public hearing shall be scheduled to coincide with the regularly
scheduled Town Council meeting that most closely follows the Council's receipt of the
Special Use Permit application. If the requirement for proper notice for a public hearing
makes such regularly scheduled Town Council meeting impractical, the public hearing
shall be scheduled for the Town Council meeting one meeting hence from the meeting
most closely following receipt of the application by the Town Council.

V1111-' ) Conditions and. Bonds. The Town Council may impose conditions, limitations, or other
special requirements as it deems necessary to protect the public health, safety, and general
welfare, such as, but not limited to, the following:

Town of Fxn%4)re Zonin,_, Ordinance - Adopted Auj!ust J. IT4.1 - kmended November 6. 1994

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

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

C. Provision for adequate parking and ingress and egress to pubitc streets and roads
riec-essary to prevent traffic congestion.

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

E. Establishment of a time limit for exulration after which the permit shall no ]onuer be valld
or shall require renewal.

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

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

V111-4 Review Standards. The ZomnQ Administrator, Planning Commission. and Town Council
shall consider the following in reviewing a special use application:

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

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

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

D. The orooosed use and/or structure will not tend to chan2e the character and established
pattern of development of the district in which it will be located.

E. The proDosed use and/or structure. and accomoarivina 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

VHI-5 Effect of Approval. The issuance of a special use permit shall authorize the applicant to
construct only such structure or conduct only such uses as are specificafly made part of the
special use permit. No deviations, expansion, or other changes whatsoever shall be made from

TOwn of Eirnore Zoninf! Ordinance - Adopted Au-_,ust j. 1994 -Arnended Novernt*r 6. 199-4

the term of the Special use permit without the express written consent of the Town Councii.

Article IX Provisions for Appeal

IX-1 Board of Zoning Appeals.

IX- 1. 1. A Board of Zoning Appeals. which shall consist of no more than seven (7) and
no less than five (5) residents of the Town but shall always be an odd number, shall be
appointed by the Circuit Court of Northampton County according +to the provisions of the
Code of VirRinla, Section 15. 1-494. Members of the Board may receive such
compensation as may be authorized by the @,,overmnszy body. Members shall be removable
for cause by the appointing authoritv upon written charsaes and after public hearing.
Apoointments for va,cancies occurring otherwise than by expiration of term shall in ail
cases be for the unexpired term.

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

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

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

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

UX-2. 1. To hear and decide appeals from any order, requirements. decision or
determination made bv an administrative officer or Zoning Administrator in the
administration or enforcement of this ordinance or of any ordinance adopted pursuant
thereto.

1X-2.2. To authorize upon appeal in specific cases such variances from the terms of the
ordinance as will not be contrary to the public interest, when, owing to special conditions,
a literaf enforcement of the provisions will result in unnecessary hardshio.- provided that
the spirit of the ordinance shall be observed and substantial justice done, as follows:

When a property owner can show that his property was acquired ingood faith and where
by reason of the exceptional narrowness, shallowness, size or shape of specific piece of

Town of Exmore Zoning Ordinance-Adopted August 3, 1994-Amended November 6, 1995

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

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

I That the strict application of the ordinance would produce undue hardship: and

That such hardship is not shared generally by other properties in the same zon
ing
district and the same vicinity: and

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

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

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

IX-2.3 Interpretation. The Board of Zoning Appeals shall have the authority to hear and
decide applications for interpretation of the district mao where there is any uncertainty as
to the location of a district boundary. After notice to the owners of the property affected
by any such question, and after public hearings with notice as required by Section 15.1-43 1
of the Code of Virginia. the board may interpret the map in such a way as to carry out
the intent and purpose of the ordinance' for the particular section or district in question.
The Board shall not have the power to change substantially the location of district
boundaries as established by ordinance.

IX-3 Applications for Variances. Applications for variances may be made by any property
owner, tenant, governmental official, department, board or bureau. Such applications shall be
made to the Zoning Administrator in accordance with rules and regulations adopted by the Board.

Town of Exmore Zoning Ordinance-Adopted August 3, 1994- Amended November 6, 1995

The application and accompanying maps. plans or other information shall be transmitted promptly
Board. No such variances shall be authorized except after notice and hearing, as required by
Section 15.1-431 of the Code of Virginia. The Zoning Administrator shall also transmit a copy
of the application to the Planning Commission which mav send a recommendation to the Board
or appear as a partv at the hearing.

IX-4 Appeal to the Board of Zoning Appeals. An appeal to the board may be taken by any
person aggrieved or by any office, department, board or bureau of the county or municipality
affected bv anv decision of the Zoning Administrator. Such appeal shall be taken within thirtv
(30) davs after the decision appealed from by filling with the Zoning Administrator and with the
board, a notice of appeal specifying the grounds thereof The Zoning Administrator shall
forthwith transmit to the board ail the papers constituting the record upon which the action
appealed was taken. An appeal shall stay all proceedings in furtherance of the action appealed
from unless the Zoning, Administrator certifies to the board that bv reason of facts stated in the
certificate a stay would in his opinion cause imminent peril to life or property in which case

proceedings shall not be stayed otherwise than by a restraining order granted bv the board or by
a court of record. on application and on notice to the Zoning Administrator and for good cause
shown. No such appeal shall be heard until after notice and hearing as required by Section 15. 1-
431 of the Code of Virginia.

IX-4. 1, Appeals shall be mailed to the Board of Zoning Appeals c/o the Zoning
Administrator. and a copy of the appeal mailed to the secretary of the planning
commission. A third copy should be mailed to the individual official, department or
agency concerned, if any.

IX-5 Rules and Regulations.

IX-5. 1. The Board of Zoning Appeals shall adopt such rules and regulations as it may
consider necessary.

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

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

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

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

IX-5.6. A favorable vote of the majority of the board shall be necessary to reverse any

Town of Exrnore Zoning Ordinance - Adopted xugust 3. 1"4 - Amended November 6. 1994

order, requirement- decision or determination of anv administrative official or to decide
in favor of the applicant on anv matter upon which the board is required to pass.

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

IX-7 Decision of the Board of Zoning Appeals.

fX--/, 1. Any person or persons Jointly or severally aggrieved by any decision of the
Board of ZoninQ Appeals- or anv taXDayer or any officer. department, board, or bureau
of the county or municipality, may present to the Circuit Court of the county a petition
ifying h 0 h' aacrrieved within thirty (30) davs after the filina of the
spec ' I , t e --rounds n w ich I I I
decision in the Town Hall.

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

IX-7.3. The Board of Zoninsz Appeals shall not be required to return the original papers
acted upon by it but it shalfbe'su'fficient to return certified or sworn copies thereof or
of such portions thereof as may be called for by such writ. The return shall concisely set
forth such facts as may be pertinent and material to show the grounds of the decision
appealed from and shall be verified.

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

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

Town of Exmore Zoning Ordinance - Adopted August 1994 - Amended November 6. 1995

Article X Amendments

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

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

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

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

Article X1 - Zoning Guidelines

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

A. Character of the area.

B. Land use and activities.

C. Suitability for proposed use.

Town of Exmore Zoning Ordinance

D. Availability of public facilities.

E. Compliance with the Town of Exmore Comprehensive Plan.

XI-1.1. Supplemental Considerations and Regulations. Rapid development of employment.
residential and commercial facilities in the Town of Exmore and the resulting impact on
existing,- public facilities, highwavs and other necessarv public facilities and services and
natural resources could exceed the ability of the Town to provide for such facilities.
Therefore. under authoritv of Article VIII of this ordinance and Section 15.1-491 of the
Code of Virginia. as amended. the Exmore- Town Council may impose conditions,
including reasonable employment limiTations. to ease the effect of rezoning land on the
general public and on tile natural resources of the Town.

X1- 1.2 Conditions. In addition to the regulations herein provided for the respective
zoning districts, the -town Council mav adopot as a part of an amendment to the zoning
map reasonable conditions provided that said conditions shall have been proffered in
writing in advance of the public hearing, on said amendment to the zoning map bv the
applicant for rezoning. and provided that said conditions are accepted by the governing
bodv as a condition to said amendment of the zoning map. Such accepted conditions shall
be recorded in the records of the circuit court and run'with the land- until changed as a
result of another rezoning. approval or amended with the approval of the land owners and
governing body.

XI-2 Conditional Zoning Procedure

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

B The Planning Commission. within thirty (3 0) days of receiving the Zoning Administrator's
report- shall consider -the Zoning- Administrator's recommendations and discuss same with
the applicant. The applicant shall be advised of the possibility of proffered conditions in
a rezoning decision, which conditions are not meant to change the character of a
fundamentally unsound rezoning, but are meant to be responsive to Town growth
pressures not specifically foreseen in the existing district regulations.

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

Town of Exmore Zoning Ordinance-Adupted August 3, 1994 - Amended November 6. 1995

D. After the Town Council has received the reports from the Zoning Administrator and the
Planning, Commission. the applicant for the'rezoning under consideration mav proffer a
set of conditions for consideration along with the rezoning. Such a proffer shall be
addressed to the Mavor of the Town of Exmore.

E. The Town Council shall hold a , public hearing on the requested rezonin, in accordance
with 1501-431 of the Code of Virginia. as amended. The rezoning request and the
proffered condition shall be considered at this time.

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

ARTICLE XII - Site Plan Requirements

XII- I Statement of Intent. The purpose of these requirements is to promote the orderly
development of certain activities in the Town and to insure that such activities are developed in
a manner harmonious with surrounding properties and in the interest of the general public
welfare. More specifically. the site plan shall be used to review a project's compatibility with
its environment. to review the ability of a project's traffic circulation system to provide for the
convenient and safe internal and external movement of vehicles and pedestrians, to review the
quantity, quality. utility, and type of a project's required community facilities-, and to review the
location and adequacy of a project's provision for drainage and utilities.

XII-2 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 in which automobile parking space is to be used by more than one
-establishment.

B. Any use or development in all zoning districts except single-family detached dwelling-
units where a plat is submitted pursuant to the Subdivision Ordinance of the Town of
Exmore.

C. When a change is proposed in a previously approved site development plan.

D. When an existing residential use is proposed for change to a business, industrial, or multi-
family residential use.

E. All public and/or semi-public buildings.

Town of Exmore Zoning Ordinance - Adopted August 3, 1994 - Amended November 6, 1999

F. All other uses involving a structure required to be reviewed by the Town under Section
[5.]-456 of the Code of Virginia. as amended.

XII-3 When Required. The provisions of this Article shall apply to any use as specified in the
rules and regulations of each zoning district.

XII-4 Waiver of Reauirements. Any requirement of this Article may be waived by the governing
body where the waiver is not adverse to the purpose of this Article and the applicant establishes
that in his specific case an undue hardship would result from a strict enforcement of this Article,
or that the requirement is unreasonable.

XII-5 Site Plan Specifications. Every site plan shall be prepared in accordance with the following
specifications:

A. The scale shall not be less than fifty (50) feet to one (1) inch.

B. A11 site plans shall not exceed twenty-four inch (224") by thirty-six inch (36") sheets.

C. If the site plan is prepared on more than one ( 1) sheet, match lines shall clearly indicate
where the several sheets join.

D. Horizontal dimensions shall be in feet and decimals of feet to the closest one tenth (1/10)
of a foot.

XII-6 Site Plan Contents. The site plan, or any portion thereof involving engineering, urban
planning, landscape architecture, architecture or land surveying shall be prepared by qualified
persons. Final site plans shall be certified bv an architect, engineer, or land survevor licensed
to practice by the Commonwealth of Virginia, within the limits of their respective licenses. The
site plan shall include, but not be limited to, the following:

A. The proposed title of the project and the names of the engineer, architect. landscape
architect, surveyor, and/or developer; the name of the developer: and a signature panel for
the Zoning Administrator's approval.

B. The north point, scale, data, and vicinity map.

C. Existing zoning and zoning district boundaries on the property in question and on
immediately surrounding properties.

D. The present use of all contiguous or abutting property.

E. The boundaries of the property involved by bearings and distances.

rown ot' Finiore Zoning Ordinance - Adopted @@u2ust j. 1994 - Amended November 6. 199-4-

F. All existing orooertv lines. existing streets. buildings. watercourses. watenvavs. or lakes
and other existing ohvsical features in or adloining Properties. need on1v be shown in
approximate scale and proportion.

G. Topography of the pr ject area with contour intervals of two (12) Feet or less.
01

H. The location and sizes of sanitarv and storm sewers, gas lines. water mains. culverts. and
other underground structures. ail overhead utilities and their supporting poies in or
affecting the project- including existing and proposed facilities and easements for these
... ies.

1. The location, dimensions. and character of construction of proposed streets, allevs.
driveways, and the location, type, and size of ingress and egress to the site.

I When proposed streets intersect with or adjoin existing streets. both edges of existing
pavement surface or curb and gutter must be indicated for a minimum of one hundred
Fifty (150) feet or the length of connections. whichever is the --reater distance.

K. The location of all existing and proposed off-street parking and oarkina bavs. loading
spaces, and walkwavs. indicating types of surfacing, size, angle of stalls, width of aisles,
and a specific schedule showing the number of parking spaces.

L. The location of all trees on the site with a diameter of six (6) inches or greater at the
DBH (Diameter. Breast Hi!ah). The site plan shall show heavily wooded areas and trees
to be removed which shall be designated by symbols coincident with the areas of the
trees. and an indication of which trees are to be retained and which are to be removed.

M. The location, height. type. and material of all existing and proposed fences, walls.
screening, plantings, and landscaping details of all buildings and grounds, and the
location, height, and character of all outdoor lighting systems.

N. The location of and proposed general use for each building, and the number, size, and
type of dwelling units where applicable.

0. Provisions for the adequate disposition of surface water in accordance with design
criteria and construction standards of the Town indicating location, sizes, tvpes, and
grades of ditches, catch basins, and pipes and connection to existing drainage system.

P. Provisions and schedule for the adequate control of erosion and sedimentation, in
accordance with the Northampton County Erosion and Sediment Control Ordinance.

Q Proposed finished grading by contour supplemented where necessary by spot evaluation.

R. One hundred year floodplain limit studies as required by the administrator.

Town of Exmore Zoning Ordinance- Adopted August 3,1994- Amended November 6,1995

S. The location, character, size, height, and orientation of proposed signs.

T. The location and dimensions of proposed recreation, open space, and required amenities
and improvements, including, details of disposition.

U. Anv necessarv notes required bv the administrator to explain the purpose of specific items
on the plan.

V. The administrator may request additional information other than what has previously been
stated when deemed necessary to protect the health, safetv and general welfare of the
citizens of the county.

XII-7 Improvements and Standards.

X11-7-1. The following improvements and minimum standards, as applicable, shall be
required and provided for in a site development plan.

XII-7-2. All street and highwav construction standards and geometric design standards
shall be in accord with those specified by the Virginia Department of Transportation.

XII-7-3. The pavement of vehicular travel lanes, driveways, or alleys designed to permit
vehicular travel on the site and to-and-from adjacent property and parking areas shall be
not less than twenty (20) feet in width for two-way traffic and ten (10) feet for one-way
traffic.

XII-7-4. Cul-de-sacs shall be designed and constructed in accordance with the street
standards specified by the Virginia Department of Transportation, and may not be
construed or employed in a parking area.

XII-7-5. Minimum utility easement width shall be twenty (20) feet unless specifically
reduced as specified by the administrator. Where multiple structures or pipes are
installed. The edge of the easement shall be five (5) feet clear of the outside pipes. Where
easements do not follow the established lot lines, the nearest edge of any easement shall
be a minimum of five (5) feet from any building.

XII-7-6. Sidewalks and pedestrian walkways shall be designed to enable patrons and
tenants to walk safely and conveniently from one (1) building to another within the site
and adjacent sites.

XII-7-7. All required screening shall be suffiently dense or opague to screen
development effectively from the adjacent properties.

XII-7-8. In order to preserve the character and natural environment and to provide visual
and noise buffering, the administrator may refuse to approve any site plan which proposes

Town of Exmore Zoning Ordinance- Adopted August 6,1994- Amended November 6,1995

the unnecessary destruction of trees and other natural features. The governing body may
require assurance that the developer has made reasonable effort in light of the proposed
development to preserve, replenish, and protect trees of eight (8) inch diameter or larger
at the DBH, ornamental trees of anv size; trees within required setbacks or along
boundaries unless necessary to remove for access, grading, circulation. utilities, or
drainage; streams in their natural condition.

XII-8 Procedures.

XII-8-1. Site plans may be approved administratively by the administrator after first
distributing the plan to the various town, county and state departments for written
comments.

XII-8-2. All applicants are encouraged to request a preapplication review conference.
The purpose of the conference is to discuss the basic site plan, off-street parking, signs,
and other Town ordinance requirements, utilities, and drainage and to consider preliminary features of the proposed development as they relate to this Article.

XII-8-3. Sufficient copies, as required by the administrator, of the final plan shall be
submitted to the administrator. The administrator shall have up to thirty (30) days to
circulate the plan to the Planning Commission for written comments, and to notify the
applicant of the action taken which mav be approved, approved subject to conditions, or
disapproved.

XII-8-4. An applicant may appeal the decision of the administrator within thirty (30)
days in writing to the Board of Zoning Appeals in accordance with Article X.

XII-9 Site Plan Termination or Extension.

XII-9-1. An approved site plan shall expire and become null and void if no building
permit has been obtained for the site in twelve (12) months after the final approval.

XII-9-2. The governing body may grant an extension of one (1) year.

XII-10 Amendments to Approved Site Plan. If it becomes necessary for an approved site plan
to be changed, the administrator shall, at the applicant's request, either administratively approve
an amendment to the site plan or, if the change is major, require that a new site plan be drawn
and submitted for review and action in accordance with this Article.

XII-11 Site Plan Prerequisite to Issuance of Permits. No building permit shall be issued to
construct, erect, or alter any building or structure or any permit or authorization granted to

Town of Exmore Zoning Ordinance - Adopted August 3, 1994 - Amended November 6, 1995

improve or develop land subJect to the provisions of this Article, unless a site development plan
has been submitted and approved.

X11-12 Compliance with Approved Site Plan

X11-12.1. Inspections shall be made during the installation of off-site and on-site
improvements by the administrator or his designated representative in their areas of
responsibility to insure compliance with the approved site plan.

XII-12.2. The owner or developer shall provide adequate supervision at the site during
installation of improvements required by the site development plan and shall make one
(1) set of approved plans available at the site at all times that work is being performed.

Town of Exmore Zoning Ordinance - Adopted August 1 1994 - Amended November 6. 199-4

Article XM. Supplemental District Regulations

XHI-I Cluster Alternative Development.

A. Cluster Alternative Obiective - The objective of the "Cluster Alternative Residential
Development" is flexibility with the objectives to (1) provide a more desirable living
environment, (1) encourage creative approaches in residential development, (3) encourage
a more efficient, aesthetic and desirable use of open area, (4) encourage variety in the
physical development pattern of the County, (5) assist in reducing cost in residential
development, and (6) maintain the agricultural resources in the County.

B. Cluster Density and Intensitv - Residential Cluster Alternative Development, under
subdivision and site control may be permitted provided the gross population or housing
density or intensity of an area remains unchanged and conforms to the basic overall
density requirements of the zoning district in which the development is proposed.
However, lot dimensions and area may be reduced to the minimums indicated in Section
M-C herein.

C. Zoning District Permittina Cluster Alternative Development - Residential minimum lot
sizes in the A-1, R-20 and R- I I zoning districts may be reduced in area in the following

manner:

N/Iinimum Lot Area Under Cluster Development

With Public With Public lmd.'Vidua!
SeOC4
District Standard Lot Area Sewer & W;ter Sew@er or Water @c Tank
But Not Both Wacer Systems

A/R 5 acres 2 acres 3 acres 5 acres
R-20 20,000 sq.-ft. 13,000 sq.-ft. 15,000 sq.ft. 20,000 sq.ft.
R-11 11,000 sq.ft. 8,000 sa.ft. Not Permitted Not Permitted

D. Disposition of Land Gained.

(1) Except as @ rovided by Subsection NM-D.(2) herein, all land gained with a
P
cluster alternative subdivision, through reduction of lot size below minimum
ordinance requirements shall be dedicated to the County for open space for parks,
recreation or related uses; or deeded to a home owner association within the
proposed development for maintenance and operation. In the case where the
(rained land is deeded to a home owner association, the applicant shall furrush a
proposed deed of dedication, including restrictions, safeguarding the use of open
spaces and preventing encroachment upon open space between structures.

Fown of Eimere Zoning Ordinance - Adopted %uqust 3. M4 - Amended November 6. 19"

(2) Streets within the Cluster Alternative Development may be included in the
land qained through reduction.

XIII-2. Reouirements for Condominiums.

A. Definitions: "For purposes of this section, the meaning, of all terms shall be controiled by
Section, 5J-79.41 of the Code of V;rsvnia.

B. Where Permitted: Condominiums shall be permitted in all zones in which is permitted
any physically identical development, provided that site plan approval shall be required
for any condominium development.

C. Comt)l1ance with Ordinance: All condominiums and the use thereof shall in all respects
comply with the provisions of this ordinance and its districts. and no vested rights shall
be created upon the conversion to condominiums of the use thereof if either the
condominium or the use thereof does not conform to the provisions of this ordinance.
Except as otherwise specified, provisions of this ordinance applicable to condominiums
shall be those provisions applicable to physically identical developments.

,CV. Fee Schedule

Zoning Ordinance (copy) S 5.00

Zoning Permit S 10.00

Special Use Permit 3 75.00

Variance $ 75.00

Rezoning V300.00

Water Quality Impact Assessment Review S 30.00

ALL FEES ARE NON-REFUNDABLE

NOAA COASTAL SERVICES CTR LIBRARY

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