Town zoning ordinance of the town of Onley, Virginia

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

Draft- Town of Onley Zoning Ordinance

Town Zoning Ordinance

The Town of Onley, Virginia

Prepared by:

Onley Planning Commission

With Technical Assistance by:

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

c;onley\zo7draft.cbl

Draft - Town of Onley Zoning Ordinance

TABLE OF CONTENTS

ARTICLE TITLE PAGE
I General Provisions I

11 Definitions 4

III Districts 14

Residential (R-1) 18

Business, General (B-G) 21

Industrial, Limited (M-1) 24

Chesapeake Bay Preservation Area
Overlay District (CBPA) 28

IV Sign Regulations 43

V Off-Street Parking 44

VI Nonconforming Lots 46

VII Nonconforming Uses 47

VIII Administratlon and Enforcement 49

IX Special Use Permits 51

X Provisions for Appeal 53

Amendments 57

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MAPS and FIGURES

M A P PAGE

Town of Onley Zoning Map 15

Town of Onley Chesapeake Bay
Preservation Area Overlay District Map 16

FIGURE

Illustration of Lot Termns and Required Yards 17

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Article I - General Provisions

M Pumose and Authority to Zone. Whereas, by act of the General Assembly of Virginia as
ided in Title 15. 1, Chapter 11, Article 8, Section 15.1-486 throus4h 15.1-498, Code of
provi I I
Vii-Onia. as amended, the governing body of any county or municipality may, by ordinance,
divide the territory under its jurisdiction into districts of such number, shape, and area as it may
deem best suited to carry out the purposes of this article, and in each district it may regulate,
restrict, permit, prohibit, and determine the following:

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

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

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

D@ The excavation or miningof soil or other natural resources.

Therefore, be it ordained by the governing body of the Town of Onley, Virginia, for the purpose
of promoting the health, safety, and,/or general welfare of the public and of further accomplishing,
the objectives of Section 15.1427 of the Code of Virginia, that the following be adopted as the
zoning ordinance of the Town of Onley, Virginia, together with the accompanying map. This
ordinance has been designed: (1) to provide for adequate light, air, convenience of access, and
safety from fire, flood, and other dangers; (2) to reduce or prevent congestion in the public
streets; (_3 )) to facilitate the creation of a convenient, attractive, and harmonious community; (4)
to expedite the provision of adequate police and fire protection, disaster evacuation, civil defense,
transportation, water, sewerage, schools, parks, forests, playgrounds, recreational facilities,
airports, and other public requirements; (5) to protect against destruction of or encroachment upon
historic areas; (6) to protect against one or more of the following: overcrowding of land, undue
density of population in relation to the community facilities existing or available, obstruction of
light and air, danger and congestion in travel and transportation or loss of life, health, or property
from fire, flood, panic, or other dangers; (7) to encourage economic development activities that
provide desirable employment and enlarge the tax base; (8) to promote affordable housing; (9)
to protect surface water and ground water as required by the Chesapeake Bay Preservation Act;
and (10) to be in accord with and to implement the goals, objectives and policies set forth in the
Onley Town Plan, as adopted by -the Onley Town Council.

1-2 Ordinance Sets Minimum Standards. Whenever the standards set forth in this ordinance are
at variance with the requirements of any other lawfully adopted statutes, rules, regulations, deed

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restrictions, covenants, or ordinances., the most restrictive, or that imposing the highest standards
shall ,overn.

1-3 Town Liability. The zoning of any land and the granting of any permit or certificate for the
I
use of land and/or structure shall not be interpreted as a guarantee by the Town of Onley of the
suitability of such land or structure for developing or use.

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

1-5 Non-exclusiona[y 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 deny anyone the otherwise lawful use
of the resources within the Town of Onley based upon family status, except as may be the
incidental result of meeting the purpose outlined in Section 1-1, herein.

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

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

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

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

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

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

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

D. Where a district boundary line divides a lot which was in single ownership at the
time of passage of this ordinance, the Board of Zoning Appeals shall hear and
decide the exact location of the district line in keeping with the provisions of
Article V11111.

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 VEIL

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

A. No building or land shall hereafter be used or occupied, and no building or part thereof

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shall be erected, constructed, reconstructed, moved, or structurally altered except in
conformity with all of the regulations herein specified for the district in which it is located
or is to be located.

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

C. No new yard or lot shall hereafter be created nor shall any yard or lot existing at the time
of enactment of this ordinance be altered so that width, depth, or area requirements; front
ide, or rear requirements; or o I I
si ther 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.

Article U - Derinitions

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

Accessofy 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.

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

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

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

Agricultural Lands: Those lands used for the planting and harvesting of crops or plant growth

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of any kind in the open; pasture-, horticulture; dairying; floriculture; or raisin-,--,, of poultry and/or
livestock.

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

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

Automobile Graveyard: Any lot or place which is exposed to the weather and 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. (Code of Virginia,
Section _3 )3. 1-348)

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,

Bed and Breakfast House: A dwellina where lodeine 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.

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

Boardin House: A building where, for compensation, lodging and meals are provided for at
least six (6) and up to ten (10) persons.

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

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

Buildingg, Heiaht of. The height shall be measured from the average elevation of the ground
surface along the front of the building.

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

Cellar: A story having more than one-half (1/2) of its height below grade and which may not

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be occupied for dwelling purposes.

Chesapeake Bay Preservation Area (CBPA): Any land designated by the Onley Town Council
pursuant to Part III of the Chesapeake Bay Preservation Area Designation and Management
Regulations, VR 173-02-01, and Section 10. 1-2107 of the Code of Virginia. A Chesapeake Bay
Preservation Area shall consist of a Resource Protection Area and a Resource Manaizement Area.

Commission, The: The Planning Commission of the Town of Onley, Virginia.

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

Dairv: A commercial establishment for the manufacture and sale of dairy products.

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

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

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

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

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

Multiple-Family: A structure arranged or designed to be occupied by more than two (2)
families.

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

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

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

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

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Fronta(-Ye: The minimurn width of a lot measured from one (1) side line to the other alone a
straight buildin- setback line as defined as required herein.

Gara@-_,e. Private: Accessory buildinu 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-u.nit dwelling the private garage may be designed and used for the storaize
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of one and one-half (1 1/2) times as many automobiles as there are dwelling units.

Garaue, Public- A building or portion thereof, other than a private garage, designed or used for
servicin(g, repairing, equipping, renting selliner or stormor motor-driven vehicles.

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

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

Governin,2 Bodv: The Town Council of Onlev, Virginia.
I I

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

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

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

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

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

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

D. No traffic shall be generated by such home occupation in greater volumes than would
normally be expected in a residential neighborhood, and any need for parking generated

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by the conduct of such home occupation shall be met off the street and other than in a
required front yard.

E. No equipment or process shall be used in such home occupation which creates noise.
v
ibration, glare, fumes-, odors, or electrical interference detectable to the normal senses
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off the lot, if the occupation is conducted in a single-family dwelling, or outside the
dwelling unit if conducted in other than a single-family dwelling. In the case of the
electrical interference, no equipment or process shall be used which creates visual or
audible interference in any radio or television receivers off the premises, or causes
fluctuations in line volta(2e off the premises. Bed and breakfast houses, boarding and
rooming houses, tourist homes and private education institutions, the conducting of a
beauty or barber shop, tea room or restaurant, rest home, clinic, doctor or dentist office,
child care center, real estate office, or cabinet, metal, or auto repair shop shall not be
deemed a home occupation.

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 -ravel surface.

Infill: Utilization of vacant land in previously developed areas.

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

Land Disturbance- Any activity causing a land chan e which may result in soil erosion from
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water or wind and the movement of sediments into state waters or onto other lands, including,
but not limited to, clearing, grading, excavating transporting and filling of land; except that this
term shall not apply to minor activities such as home gardening, individual home landscaping,
and home repairs and maintenance.

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

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

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

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

Lot, Interior- Any lot other than a comer lot.

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Lot, Width: The width of any lot at the setback line, calculated by measuring back a uniform
distance from the street line as required by the setback 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 alons., the said curve or anvle setback line.

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

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.

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

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

Mobile Home: A transportable, factory built home desig 7ned to be used as a year-round
residential dwelling and built prior to the enactment of the Federal Manufactured Housing
Construction and Safety Standards Act of 1974. (This definition shall not include motor homes
and travel trailers.)

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

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

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

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

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amendments to the ordinance.

Nonpoint Source Pollution: Pollution consisting of constituents such as sediment, nutrients, and
organic and toxic substances from diffuse sources, such as runoff from aariculture and urban land
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development and use.

Nontidal Wetlands: Those wetlands other than tidal wetlands that are inundated or saturated by
surface or ground water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of
the federal Clean Water Act, in 33 C.F.R. 328.3b, dated November 133, 1986, provided that any
exceptions thereto shall be exceptions herein.

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

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.

Parking SpAce: A permanently maintained area, enclosed or unenclosed, sufficient in size to store
one (1) standard. size automobile, together with a driveway connecting the parking space with a
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street or alley and permitting ingress or egress of an automobile.

Parking Area, Off-Street: Parking (as defined in 11-68) space provided for vehicles outside the
dedicated street right-of-way.

Plan of Development: The process for site plan review to ensure compliance with Section
10.1-2109 of the Code of Virginia and Section 111-5.12 of this Zoning Ordinance, prior to any
clearing or grading of a site or the issuance of a building permit.

Public Road: A publicly-owned road designed and constructed in accordance with water quality
protection criteria at least as stringent as requirements applicable to the Virginia Department of
Transportation.

Public Water and Sewer Systems: A water or sewer system owned and operated by the Town
of Onley or owned and operated by a private individual or a corporation approved by the
governing body and properly licensed by the State Corporation Commission, and subject to
special regulations as herein set forth.

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.

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

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

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

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

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.

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

Satellite Dish: A device incorporating a reflective surface that is solid, open mesh, or bar
configured 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 electromagnetic waves between terrestrially and/or
orbitally based units. This definition includes, but is not limited to, satellite earth stations,
TVROs (television reception only satellite dish antennas), and satellite microwave antennas.

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

Sijgn: 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 struc-
ture, surface, or any other thing including, but not limited to, the ground, any rock, tree, or other
natural object, which display is visible beyond the boundaries of the 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.

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

Home OccLipation. A sign not exceeding one (1) square foot in area directing attention
to a product, commodity, or service available on the premises, but which product,
commodity, or service is clearly a secondary use of the dwelling. The sign must have a

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white backaround with black trim. Letters must be in black and no more than three
inches in height.

Home Identification. A shm not exceeding four (4) square feet in area identifying, an
individual dwelling, property, or occupants' name. Said sign shall not be located any
closer than five (5) feet to any property line.

General Advertiain. A sign which directs attention to a product, commoditv. or service
not necessarily available on the premises.

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

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
1.
responsible for the erection of same, one end of which may be pointed, or on which an
arrow may be painted.

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

Real Estate. A sign riot exceeding four (4) square feet in area identifying a particular
property for sale.

Temporafy. A sign not exceeding four (4) square feet in area applying to a seasonal or
other brief activity such as, but not limited to, yard sales, horse shows, or auctions.

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

Store: See Item 11-72, Retail Stores and Shops.

Stoa: That po rtion of a building, other than the basement, included between the surface of any
floor and the surface of the floor next above it. If there is no floor above it, the space between
the floor and the ceiling next above it.

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.

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

Draft - I'miii (?I* Onlei ZOII* 19 Ortlinance

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

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

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

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

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.
Z)

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

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

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

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

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

Wetlands: Nontidal wetlands-

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

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

Drqft - Tbivit (?f OttleY Zotfit@g Ortfinance

lot,

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 across the full
width of the lot.

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

Article M - Districts

111-1 Enumeration of Districts. For the purpose of this ordinance, the incorporated area of the
Town of Onley, Virginia, is hereby divided into the following districts.

Residential: R-I page 18
Business, General: B-G page 21
Industrial, Limited: M- I page 24
Chesapeake Bay Preservation Area
Overlay District: CBPA page 28

Location of these distn'cts can be found on Map 1, page 15, and on Map 2, page 16.

A graphic illustration of lot terms and yard requirements as defined in Article Il and used in the
C
district regulations may be found on Figure 1, page 17.

t I

Draft - Town of Onle.v Zoning Ordinance

Insert Zoning Map, Map I

Draft - Town (?f Onlev ZoniiW Ordinance

Insert Chesapeake Bay Preservation Area Map, Map 2

I)rqfl - To@on qf"Onle,y_Zoning Orifincince

111-2 Residential District, R-1

111-2.1 Statement of Intent. This district is composed of certain quiet, low-to-medium-density
residential areas plus certain open areas where similar residential development is recommended
to occur by the Town of Onlev Town Plan- The reg lations for this district are designed to
u I I
stabilize and protect the essential characteristics of tile district and to promote and
encourage, insofar as compatible with the intensity of land use, a suitable environment for family
life where there are children. To these ends, development is limited to a relatively medium
concentration, and permitted uses are basically limited to single-unit dwellings providing homes
for the residents, plus certain additional uses, such as parks, and certain public facilities that serve
the residents of the district. This area is represented as R-1 on Daae 17 of the Town of Onley,
Virginia, Zoning Ordinance and as Residential on the Future Land Use Map in the Onley Town
Plan.

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

A. Single-Farrilly Dwellings.

B. Two-Farnilv Dwellings.

C. Kindergartens in a buildina

D. Churches in a building.

E. Public Parks and Playgrounds.

F. Accessory Buildings, including Satellite Dishes.

G. Public Utilities: Signs, poles, distribution lines, distribution transformers, pipes, meters,
and other facilities necessary for the provision and maintenance of public utilities,
including water and sewerage facilities.

H. Home identification signs as defined in Article 11 and in compliance with Article IV of
this Ordinance.

1. Home occupation sigs as defined in Article H and in compliance with Article IV of this
Ordinance.

J. Identification signs as defined in Article H and in compliance with Article IV of this
Ordinance.

K. Real estate signs as defined in Article 11 and in compliance with Article IV of this
Ordinance.

Draji - Tomw of Onley Zotfitig Orditiatice

L. Temporary signs as defined in Article 11 and in compliance with Article IV of this
Ordinance.

111-23 Snecial Exceptions. The following uses shall be permitted in Residential District (R-t),
subject to all the other requirements of this ordinance, only upon the obtaining of a Special Use
Permit from the Town Council.

A. Three-Family Dwellings.

B. Four-Family Dwellings.

C. Home Occupations as defined in Section 11-42.

D. Bed and Breakfast Houses.

E. Tourist Homes.

F. Residential Swimming Pools, provided that same are located no closer than ten (10) feet
to any adjoining property line, and provided that any swimming pool with a capacity in
excess of one thousand (1000) gallons, whether below or above grade, fixed or movable,
shall be enclosed by independent fencing and gates at least five (5) feet high with a mesh
no larger than six (6) inches.

111-2.4 Area Re-gulations. The minimum lot area required for a permitted use in the "R- I " district
is twenty thousand (20,000) square feet. For lots containing or intended to contain a two-family
dwelling unit the minimum lot size shall be twenty-two thousand (22,000) square feet. The
required area for any such use shall be approved by the Accomack County health official. The
administrator may requ.ire a greater area if considered necessary by the health official.

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

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

Drqji - Tovvn oj'Onley Zoning Ordintance

HI-2.7 Yard Reaulations,

Slde@ The minimum side yard shall be fifteen (15) feet or more. A one story accessory building
shall have a side yard of three (3) feet or more and any accessory building, over I story
in hels-,,ht shall be ten (10) feet or more from any lot line, except that any satellite dish
shall be Five (5) feet or more from anv side lot line.

Rear@ Each main building shall have a rear yard of thirty-five (35) feet or more. A one story
accessory building shall have a rear yard of three (3)) feet or more and each accessory
building over I story shall be ten (10) feet or more from any lot line.

111-2.8 Heiszht Regulations. Buildings may be erected up to 35 feet and two and one-half (2 1/2)
stories in height except that:

A. The height limit for main buildings may be increased up to forty-five (45) feet and up to
three (3 )) stories provided each side yard is fifteen (15) feet, plus one (1) foot of side yard
for each additional foot of building height over thirty-five (35) feet.

B. A church may be erected to a height of sixty (60) feet from grade provided that required
I
front, side, and rear yards shall be increased one (1) foot for each foot in height over
thirty-five (35) feet.

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

D. Accessory buildings and satellite dishes shall be limited to two (2) stories or twenty-five
(25) feet in height.

111-2.9 Access. Each dwelling unit shall front on a dedicated public street or a fifteen (15) foot
minimum width access easement.

111-2.10 Fencing Regulations. Fences may be erected upon the issuance of a zoning permit,
subject to all other requirements of this ordinance.

A. Fences may be erected up to ten (10) feet in height.

B. Fences may be placed on the property line upon agreement between adjacent property
owners; otherwise fencing shall be set back one (1) foot from the property line.

C. Type of construction and materials for fencing shall be subject to approval by the zoning

Draft - Town of Onley Zoning Ordinance

administrator.

M-2. I I Special Provisions for Comer Lots.

A. Of the two sides of a comer lot the front shall be deemed to be the shortest of the two
sides fronting on streets.

main and accessory buildings.

111-2.12 Soecial Provisions for Satellite Television Rec@@ @ion. Satellite television reception
facilities must be located in the rear yard of the main building which the facility serves and must
comply with all other setback, yard, property line, and height requirements herein.

M-3 Business, General District, B-G

111-3).1 Statement of Intent. This district is intended to provide for the conduct of general
business to which the public requires direct and frequent access without detracting from adjacent
residential desirability. This includes such uses as retail stores, banks, theaters, business offices,
newspaper offices, restaurants, and public buildings. The regulations for this district are designed
to protect adjacent residential uses from undue disruption while providing convenience of goods
and services.
This area is represented as B-G on page 17 of the Town of Onley, Virginia, Zoning Ordinance
and as Business on the Future Land Use Map in the Onley Town Plan.

111-12 Princit)al Permitted Uses and Structures. The following uses shall be permitted by right.

A. Retail Services Stores.

B. Retail Sales Stores.

C. Bakeries.

D. Dry Cleaners.

E. Public Storage under cover.

F. Post offices, County offices, Town offices, and other similar public uses.

G. Barber and Beauty Shops.

Draft - Tovrn of Onlely Zoning Ordinance

H. Theaters and Assembly Halls.

1. Hotels, tMotels, and Inns.

J. Office Buildinas.

K. Churches,

L. Libraries.

M. Service Stations with major repair under cover.

N. Banks and Lending Institutions.

0. Clubs and Lodges.

P. Auto Sales and Service.

Q. Restaurants.

R. Residential Apartments above stores.

S. Public Utilities: Signs, poles, distribution lines, distribution transformers., pipes, meters,
and other facilities necessary for the provision and maintenance of public utilities,
including water and sewage facilities.

T. Vir-inia ABC Stores.
C

U. Business signs not affixed to the building in which the business is conducted shall be
permitted only upon the specific premises where the business is located, provided that no
business shall have more than one (1) sign and said sign shall not exceed thirty-two (_3 )2)
square feet in area. Signs shall not exceed a height of twenty (20) feet above ground
level. Larger or higher signs may be allowed with a special use permit.

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

W. Directional signs, as defined in Article 11 and in compliance with Article IV of this
Ordinance.

X. Identification signs not exceeding sixteen (16) square feet in area.

Y. Church bulletin boards and church identification signs for church activities not exceeding
sixteen (16) square feet in area.

Draft - Touw o/'On/c.i.- Zoning Orcfinance

111-3.3 Special Exceptions. The following uses may be allowed 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 uoverniniz body.

A. Public billiard parlors and pool rooms, bowling alleys. dance halls, and similar forms of
public amusement. In approving any such application, the governing body may establish
such special requirements and regulations for the protection of adjacent property, set the
hours of operation. and make requirements as thev mav deem necessary in the public
interest.

B. Any use provided for in Industrial District, M- 1.

C. Any use not specified.

III-' ) 4Area Re-ulations,.. None, except for permitted uses utilizing individual sewage disposal
systems; the required area for any such use shall be approved by the Accomack County health
official.

111-3. 5 Frontaae Reevulations. The minimum lot width measured along a street at the setback line
shall be fifty (50) feet or more, and for each additional dwelling unit or permitted use there shall
be at least ten (10) feet of additional lot width at the setback line.

III-' ). 6Yard Re!zulations.

Side: The minimum side yard shall be fifteen (15) feet or more. A one story accessory building
shall have a side yard of three Q )) feet or more and any accessory building over one story
in height shall be ten (10) feet or more from any lot line, except that any satellite dish
shall be five feet or more from any lot line.

Rear: Each main building shall have a rear yard of twenty-five (25) feet or more. Any satellite
dish shall be placed in a rear yard only. A one story accessory building shall have a rear
yard of three (_3 )) feet or more and each accessory building over one story shall be ten (10)
feet or more frorn any lot line.

111-3.7 Height Regulatims. Buildings may be erected to a height of forty-five (45) feet from
grade, except that 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.

Draft - To)vn of Onlet, Zoning Ordinance

III--' ) @ 8 Access. Each main building shall front on a dedicated public street or a fifteen ( 15) foot
minimum width access easement.

111-3.9 Require ients for Permitted Uses. Before a building permit shall be issued or construction
commenced on any permitted use in this district, or a permit issued for a new use. detailed site
plans shall be submitted to the Zoning Administrator in accordance with the requirements of
Section 111-5.12,, Plan of Development Process, of this Ordinance. The Administrator may refer
these plans to the planning commission for their recommendations. Modification of the pians
may be required.

111-4 Industrial, Limited District, M-t

111-4.1 Statement of Intent. The primary purpose of this district is to permit certain industries,
which do not in any way detract from residential desirability, to locate in any area adjacent to
residential uses. The limitations and provisions hereof are imposed to protect and foster adjacent
r
'dent'al and/or business desirability while permitting industries to locate in a proper area. This
esi 1 Z7
area i as M-1 on page 17 of the Town of Onlev, Vir I I
is represented I ginia. Zoning Ordinance and
as Industrial on the Future Land Use Map in the Onley Town Plan.

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

A. All Uses Permitted in Business, General District, B-G.

B. 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.

C. Automobile assembly, painting, upholstering, repairing, rebuildine, reconditioning, body
and fender work, truck repairing or overhauling, tire retreading or recapping or battery
manufacture.

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

E. Laboratories - pharmaceutical and/or medical.

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

G. Manufacture of pottery and figurines or other similar ceramic products, using only

Draft - Toitn of Onlely Zonh@g, Orciii7ance

previously pulverized clay, and kilns fired only by electricity or -as.

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

1. Building materials sales yards, plumbing supplies storage.

J. Coal and wood vards, lumber yards, feed and seed stores.

K. Contractors' equipment storage yards or plants, or rental of equipment commoniv used
by contractors.

L. Cabinets, furniture, and upholstery shops.

M. Boat building.

N. Monumental stone works.

0. Airports, with a special use permit.

P. Wholesale businesses, storage warehouses.

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,
includine railroads and facilities, and water and sewerage installations.

S. Business signs riot affixed to the building in which the business is conducted shall be
permitted only upon the specific premises where the business is located, provided that no
business shall have more than one (1) sign and said sign shall not exceed thirty-two (3 )2)
square feet in area. Signs shall not exceed a height of twenty (20) feet above ground
level. Larger or higher signs may be allowed with a special use permit.

T. Laundries, laundromats, dry cleaning establishments.

111-43 Requirements for Permitted Uses.

A. Before a building permit shall be issued or construction commenced on any permitted use
in this district, or a permit issued for a new use, site plans shall be submitted to the
Zoning Administrator in accordance with the requirements of Section EII-5.12, Plan of
Development Process, of this Ordinance. The administrator may refer these plans to the
planning commission for recommendation. Modification of the plans may be required.

B. Permitted uses shall be conducted wholly within a completely enclosed building or within

Draft - Tovm of Onlely Zoning Ordinance

an area enclosed on all sides by a solid masonry wall, a uniformly painted solid board
fence or evergreen hedge six (6) feet in height. Public utilities and signs requiring natural
air circulation, unobstructed view, or other technical considerations necessary for proper
operation may be exempt from this provision. This exception does not include storacre
of any materials.

C. Landscaping may be required within any established or required front setback area. The
plans and execution must take into consideration traffic hazards. Landscaping may be
permitted up to a height of three (3 )) feet and to within fifty (50) feet from the comer of
any intersecting streets.

D. Sufficient area shall be provided (a) to adequately screen permitted uses from adjacent
business and residential districts, and (b) for off-street parking of vehicles incidental to
the industry, its employees and clients.

E. Permitted uses within this district must control storm water runoff by approved measures
so that water runoff will not be harmful to either the residential or business districts.
Plans for storm water management must be approved by the zoning administrator before
a building permit is issued.

F. Automobile graveyards and Junkyards, in existence on February 4, 1970 are to be
considered as nonconforming uses. They shall be allowed up to one (1) year from
February 4, 1970 in which to completely screen, on any side open to view from a public
road, the operation or use by a masonry wall, a uniformly painted solid board fence, or
an evergreen hedge six (6) feet in height.

111-4.4 Area Rmulations. For permitted uses utilizing individual sewage disposal systems, the
required area for any such use shall be approved by the Accomack County health official.

111-4.5 Setback Reizulations. Buildings shall be located twenty (20) feet or more from any street
fight of way. This shall be known as the "setback line."

111-4.6 Frontage and Yard Regulations. For permitted uses the minimum side and rear yards shall
be twenty (20) feet. For permitted uses adjoining or adjacent to a residential or business district
the minimum side and/or rear yard shall be fifty (50) feet. The side yard of comer lots shall be
twenty (20) feet or more. Off-street parking shall be in accordance with the provisions contained
herein.

111-4.7 Heiizht Regulations. Buildings may be erected up to a height of forty-five (45) feet above
g-rade. Chimneys, flues, cooling towers, flag poles, radio or communication towers or their
accessory facilities not normally occupied by workmen are excluded from this limitation. Parapet

- of Ojjjj@y Zoning Orifinance

walls are permitted up to four (4) feet above the limited height of the building on which the walls
rest.

111-4.8 Coveraize Regulations. Buildings or groups of buildings with their accessory buildings
may cover up to seventy percent (70%) of the area of the lot but must comply with all other
provisions of this article.

Drqft - Toityn of Onlev! Zonh@g Ordinance

111-55 Chesapeake Bay Preservation Area Overlay District, CBPA

111-5.1 Statement of Intent.

A. This article is enacted to implement the requirements of Section 10. 1-2 100 et seq. of the
Code ot'Virginia (The Chesapeake Bay Preservation Act) as part of the Town of Onley
Zoning Ordinance. The intent of the Onley Town Council and the purpose of the Overlay
District is to- (1) protect existing high - (2) restore all other state
quality state waters,
waters to a condition or quality that will permit all reasonable public uses and will support
the propagation and growth of all aquatic life, including game fish, which might
reasonably be expected to inhabit them-, (3) safeguard the clean waters of the
Commonwealth from pollution; (4) prevent any increase in pollution, (5) reduce existing
pollution; and (6) promote water resource conservation in order to provide for the health,
safety, and welfare of the present and future citizens of the Town of Onley.

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

111-5.2 Authority. This Article is enacted under the authority of Section 10. 1-2 100 f "se . (The
Chesapeake Bay Preservation Act) and Section 15.1-489, of the Code of Virginia. Section 15. 1-
489 states that zoning ordinances shall be designed to give reasonable consideration to the
preservation of lands significant for the protection of the natural environment, and that such
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).

111-5.3 Conflict with Other Regulations. In any case where the requirements of this Article
conflict with any other provision of the Town of Onley Code, whichever provision imposes the
more stringent restrictions shall apply.

111-5.4 Definitions. The words and terms used in the Overlay District have the meanings which
are defined in Article II, Definitions, of the Town of Onley Zoning Ordinance, unless the context
clearly indicates otherwise.

Draft - Tovvn t)fOnleY Zoning OrdinalWe

111-5.5 Agplication of C13PA District.

A. The Chesapeake flay Preservation Area Overlay District shall apply to all lands identified
as CBPAs as desl,!4nated by the Onley Town Council and as shown on the Town of Onley
Chesapeake Bay Preservation Area Map. The Chesapeake Bay Preservation Area Overlay
District is composed of a Resource Protection Area and a Resource Nlanagement Area.

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

a. Nontidal wetlands connected by surface flow and contiguous to tributary
streams:

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

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

B. The Town of Onley Chesapeake Bay Preservation Area Map on page 18 of this Ordinance
shows the general location of CBP@s and should be consulted by persons contemplating
activities within the Town of Onlev prior to enaaging in a regulated activity.

111-5.6 Inte[pretation of Resource Protection Area Boundaries.

A. Delineation by t ie Applicant. The site-specific boundaries of the Resource Protection
Area shall ordinarily be determined by the applicant and in accordance with Section 111-
5.12, Plan of Development Process, of this Article.

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

C. Where Conflict Arises Over Delineation. Where the applicant has provided a site-specific
delineation of the RPA, the Zoning Administrator will verify the accuracy of the boundary
delineation. In determining the site-specific RPA boundary, the Zoning Administrator
may render adjustments to the applicant's boundary delineation, in accordance with
Section 1111-5.12, Plan of Development Process, of this Article. In the event the adjusted
boundary delineation is contested by the applicant, the applicant may seek relief, in
accordance with the provisions of Section III-5.12.C.

Draft - Toviln of Onley Zoning Ordinance

111-5.7 Use Regulations. Permitted uses, special permit uses, accessory uses, and special
requirements shall be as established by the underlying, zoning district, unless specifically modified
by the requirements set forth herein.

111-5.8 Lot Size. Lot size shall be subject to the requirements of the underlying zoning
district(s), provided that any lot shall have sufficient area outside the RPA to accommodate an
intended development, in accordance with the performance standards in Section 111-5. 10,
Performance Standards, when such development is not otherwise allowed in the RPA.

111-5.9. Required Conditions.

A. 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 111-5.12 of this
Article.

B. Development in RPAs may be allowed only if it: (1) is water-dependent; or (ii) constitutes
redevelopment. A new or expanded water-dependent facility may be allowed provided
that:

I . It does not conflict with the Onley Town Plan;

2. It complies with the performance criteria set forth in Section 111-5.10 of this
Article:

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

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

C. A water quality impact assessment shall be required for any proposed development or
redevelopment within RPAs and for any development within RMAs when required by the
Zoning Administrator because of the unique characteristics of the site or intensity of
development, in accordance with the provisions of Section M-5. 11, Water Quality Impact
Assessment, of this Article.

111-5.10. Performance Standards.

A. Purpose and Intent. The performance standards establish the means to minimize erosion
and sedimentation potential, reduce land application of nutrients and toxins, and maximize
rainwater infiltration. Natural ground cover, especially woody vegetation, is most
effective in holding soil In place and preventing site erosion. Indigenous vegetation, with

Draft - Toun (?f Onlev Zoning Ordillalice

its adaptability to local conditions without the use of harmful fertilizers or pesticides,
filters stormwater runoff. Minimizim,; impervious cover enhances rainwater infiltration
and effectively reduces stormwater runoff potential,

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

B. General Perforrnance Standards for Development and Redevelopment.

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

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

b. Impervious cover shall be minimized consistent with the use or
development allowed.

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

Indigenous vegetation shall be preserved to the maxi possible
imurn extent
consistent with the use and development permitted and in accordance with the
Virp,inia Erosion and Sediment Control Handbook.

a. Existing trees over six (6) inches diameter at breast height (DBH) shall be
preserved outside the construction footprint. Diseased trees or trees
weakened by age, storm, fire, or other injury may be removed.

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

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

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

Dre.-O. - Toirn (#'OnIeV Zonh@g Ordinance

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

5. All on-site sewage disposal systems not requiring a Virginia Pollutant Discharge
Elimination System (IVPDES) permit shall be pumped out at least once every five
years.

6. A reserve sewage disposal site with a capacity at least equal to that of the primary
sewage disposal site shall be provided. 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 capacitv to accommodate a reserve sewage disposal site, as
determined by the local Health Department. Building or construction of any
impervious surface shall be prohibited on the area of all sewage disposal sites or
on an on-site sewage treatment system which operates under a permit issued by
the State Water Control Board, until the structure is served by public sewer.

7. For any development or redevelopment, stormwater runoff shall be controlled by
the use of best manaizement 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
averaae land cover condition for Virainia's Chesapeake Bay watershed
(0.45 pounds of phosphorous per acre per year) or as calculated by the
Eastern Shore Soil and Water Conservation District for the Town of Onley,
whichever is greater-,

b. For redevelopment sites, the nonpoint source pollution load shall be
reduced by at least 10 percent. The Zoning Administrator may waive or
modify this requirement for redevelopment sites that originally
incorporated best management practices for stormwater runoff quality
control, but in no case may the post-development nonpoint source pollution
runoff load exceed the pre-development load.

C. For redevelopment, both the pre- and post-development loadings shall be
calculated by the same procedures. However, where the design data is
available, the original post-development nonpoint source pollution 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 permits required by federal, state, and local laws and
regulations shall be obtained and evidence of such submitted to the Zoning

Draji @ Tou@n ()j, ofilev Zoning Ordinance

Administrator, in accordance with Section 111-5.12, Plan of Development Process,
of this Article.

9. Land in CBPAs 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 Aorliculture Soil
Conservation Service and accomplish water quality protection consistent with this
ordinance. Such a plan shall be approved by the local Soil and Water
Conservation District by January 1. 1995.

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

The buffer area shall be located adjacent to and landward of other RPA components and
along both sides of any tributary stream. The full buffer area shall be designated as the
landward component of the RPA.

The 100-foot buffer area shall be deemed to achieve a 75 percent reduction of sediments
and a 40 percent reduction of nutrients. A combination of a buffer area not less than 50
feet in width and appropriate best management practices located landward of the buffer
area which collectively achieve water quality protection, pollutant removal, and water
resource conservation at least the equivalent of the full 100-foot buffer area may be
employed in lieu of the 100-foot buffer if approved by the Zoning Administrator after
consideration of the Water Quality Impact Assessment, in accordance with Section HI-
5. 11 of this Article.

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

I . In order to maintain the functional value of the buffer area, indigenous vegetation
may be removed only to provide for reasonable sight lines, access paths, general
woodlot management, and best management practices, as follows:

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

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

C. Dead, diseased, or dying trees or shrubbery may be removed at the

Draft - Town of Otdei7 Zoning Orifinance-

discretion of the landowner, and silvicultural thinning may be conducted
based upon the best available technical information, which can be obtained
from the local State Forester and County Extension Office.

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

2. When the application of the buffer areas would result in the loss of a buildable
area on a lot or parcel recorded prior to October 1, 1989, the Zoning
Administrator mav modify the buffer area in accordance with the following
criteria:

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

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

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

3. On agricultural lands within the RPA the agricultural buffer area shall be managed
to prevent concentrated flows of surface water from breaching the buffer area and
noxious weeds from invading the buffer area. The agricultural buffer area may
be reduced as follows:

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

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

33 4

Draft. - Toivn of Onle1v Zoning Ordinance

C. The buffer area is not required for agricultural drainage ditches within
designated RPAs *if the adjacent auricultural land has in place best
management practices in accordance with a conservation plan approved by
the local Soil and Water Conservation District.

111-5.11. Water Quality Impact Assessment.

A. Purpose and Intent. The purpose of the water quality impact assessment is to identify the
impacts of proposed development on water quality and lands within Resource Protection
Areas and other environmentally sensitive lands; ensure that, where development does take
place within Resource Protection Areas and other sensitive lands, it will be located on
those portions of a site and in a manner that will be least disruptive to the natural
functions of Resource Protection Areas and other sensitive lands-, and specify mitigation
which will address water quality 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:

I . Any proposed development or redevelopment within a Resource Protection Area,
including any buffer area modification or reduction as provided for in Section III-
1:1
5.10.C of this Article.

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

C. Contents of a Water Quality Impact Assessment. The water quality impact assessment
shall be of sufficient specificity to demonstrate compliance with this Article. The
information required in this section shall be considered a minimum, unless the Zoning
Administrator determines that some of the elements are unnecessary 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:

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

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

Type and location of proposed stormwater management facilities and best

3 5

Draft - Toun (?f Onlelv Zoning Ordinance

management practices to mitigate the proposed encroachment.
1. 1

4@ Calculation of pre- and post-development pollutant loading in accordance with
Section 111-5. 10.B(7).

i, Identification and status of any required wetlands permits from federal, state or
local agencies.

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

D. Evaluation Procedure.

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

17 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 Sec. 111-5.12:

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

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

C. The disturbance of wetlands will be minimized;

d. Impervious surface is minimized;

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

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

cy. Proposed best management practices, where required, or proposed
stormwater management facilities and practices are adequate to control the
stormwater runoff to achieve the required standard for pollutant control;

3 6

Draft, - Mivn of On/ey Zoning Ordinance

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

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

111-5.12. Plan of Development Process. Any development or redevelopment exceeding 2,500
square feet of land disturbance shall be accomplished through a plan of development process prior
to any clearing or grading of a site or the issuance of any building permit, to assure compliance
1 0
with all applicable requirements of this Ordinance. The plan of development process shall
generally be satisfied by the approval of a site plan, or a plot plan in accordance with the
provisions in 111-5.12.A and any additional plans or studies as required by the Administrator.

A. Plot Plans. One copy of a plot plan drawn to scale for individual single-family dwellings
or accessory structures for single-family residences or for commercial development which
results in a land disturbance less than 10,000 square feet and which will result in an area
of impervious surface of less than 16 percent of any lot or parcel, shall be submitted to
the designated authority for review and approval. Any encroachment into an RPA shall
require an applicant to prepare a site plan as outlined in � 111-5.12.13 below, including the
submission of a water quality impact assessment in accordance with Article 111-5.11 of
this Article.

1. Reguired Information. At a minimum, the plot plan shall be drawn to scale and
contain the followinLy information:

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

b. Area of the lot/parcel.

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

d. Location of all building restriction lines, setbacks, easements, covenant
restnctions, and rights-of-way.

e. lDimensions and location of all existing driveways, parking areas, or other
impervious surfaces.

f. Location of all existing and proposed septic tanks and drainfield areas
including reserve areas required according to � 111-5.10.B(6) and the
location of all existing and proposed wells.

Draji - Rmw (?f Onley. Zonhig Ortfincince

7. Limits of clearing and grading.

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

9. Location of Resource Protection Area (RPA) boundary, as specified in � 111-5.6
of this Article, including any additional required buffer areas.

10. Location of all erosion and sediment control devices.

11. Amount of impervious surface proposed for the site.

B. Site Plan. A site plan for any proposed development which will result in 10,000 square
feet of land disturbance or Qreater, or any industrial development proposal shall be
submitted to the designated authority for review and approval. Any encroachment into
an RPA shall require an applicant to submit a water quality impact assessment in
accordance with Section 111-5.11 of this Article.

1. Required Information. The applicant shall submit six (6) prints at a scale of one
hundred (100) feet to the inch of the site plan to the designated authority. At a
minimum, the site plan shall contain the information required for a plot plan above
and the followina additional information:
C

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

b. Site boundaries, north arrow, scale, the present zoning and current use of
the property and all contiguous or abutting parcels.

C. Existing topography with a maximum contour interval of two (2) feet.

d. All wetlands permits required by law.

e. Limits of existing floodplains.

f. Existing natural land features, trees, water features and all proposed
changes to these features shall be indicated on the site plan, including the
location of all wooded areas before development, the proposed limits of
clearing and all trees to be preserved in accordance with Section HI-
5.10.B(2) of this Article.

or. I?ublic sanitary sewer system, public water mains and fire hydrants.

Draft - Tovvn of Onlely Zoning Ordincince

h. Slopes, terraces, retaining wails, fencing and screening within required
ards, and any shoreline stabilization structures.

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

Stormwater management plan which shows the followin-,.

I . Location and design of all planned stormwater control devices.

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

P
- and post-development nonpoint source pollutant loadings with
re
supporting documentation of all utilized coefficients and
calculations.

4. For facilities, verification of structural soundness, includina a
Professional Engineer or Class IIEB Surveyor Certification.

C. Review bv Administrator. The administrator shall review plot plans, site plans and
subdivision plans for compliance with all requirements of this Ordinance. Within sixty
(60) days Of Submission of a plot plan, site plan, or subdivision plan, the applicant shall
be advised in writing, by formal letter or by legible markin s on the plan, of any
additional data that may be required or improvements that need to be made for
compliance with this Ordinance.

D. Denial of Plan., Appeal of Conditions or Modifications. In the event the plot plan or site
plan is disapproved and recommended conditions or modifications are unacceptable to the
applicant, the applicant may appeal such administrative decision to the Town Council.
In granting an. appeal, the Town Council must find such plan in accordance with all
applicable ordinances and include necessary elements to mitigate any detrimental impact
on water quality and upon adjacent property and the surrounding area, or such plan meets
the purpose and intent of this Ordinance. If the Town Council finds that the applicant's
plan does not meet the above stated criteria, they shall deny approval of the plan.

IH-5.13 Nonconformities. The lawful use of a building or structure which existed on the
effective date of this Article or which exists at the time of any amendment of this Article, and
which is not in conformity with new provisions of this Overlay District may be continued in
accordance the following provisions and the provisions in this Ordinance for Nonconforming
Uses.

Draft - Tovin of OnleY Zoning Ordinance

A. No change or expansion of use of an existing nonconforming structure shall be allowed
with the exception that:

I 'The Administrator, after review and recommendations by the Planning
Commission, may -rant an application for existina structures on legal
nonconforming lots or parcels to provide for remodeling, and alterations or
additions to such nonconforming structures in accordance with Article VI of this
Ordinance, provided that:

I The alteration, use, improvement, or minor expansion of an existing structure does
not Increase the non-point source pollution load or degrade the quality of surface
waters, and encroachment into the buffer area is minimized.

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

B. Unimproved nonconforming lots of record at the time of the effective date of this
Ordinance which are of insufficient size to meet the minimum requirements of this
Ordinance regarding area, frontage, setbacks, width, depth, side and rear yards, or Buffer
Area requirements may be used as permitted by this Article or the regulations for the
underlying district in which the lot is located, subject to the following-

I . Lots must comply with all minimum zoning requirements, provisions, and other
applicable ordinances in effect on the date such lot was recorded, and

When the application of the full 100-foot buffer area would result in the loss of
buildable area on a lot or parcel recorded prior to October 1, 1989 the
Administrator may modify the buffer area in accordance with the following:

a. Reduction of the buffer area shall be the minimum necessary to achieve a
reasonable buildable area for the principle structure and necessary utilities;
and

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

C. In no case shall the reduced portion of the buffer area be less than 50 feet.
In any case where a 50-foot buffer area cannot be maintained, an applicant
may request a variance in accordance with Section HI-5.15 below.

C. An application to alter or expand a nonconforming use shall be made to and upon forms
furnished by the Administrator and shall include for the purpose of proper enforcement
of this Article the following information:

Draft - Tomw of Onley Zoning Ordinance

1. Name and address of applicant and property owner.

2. Legal description of the property and type of proposed use and development.

A sketch of the dimensions of the lot or parcel, location of buildings and proposed
additions relative to the lot lines, and boundary of the Resource Protection Area.

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

D. Approved applications shall become null and void twelve months from the date issued if
no substantial work has commenced.

111-5.14 Exemptions.

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

1. Construction, installation, operation, and maintenance of electric, gas, and
telephone transmission lines, railroads, and public roads and their appurtenant
structures, including sidewalks and lighting, in accordance with (i) regulations
promulgated pursuant to the Erosion and Sediment Control Law (Section 10. 1-560
et seq. of the Code of Virginia) and the Stormwater Management Act (Section
10. 1-603. 1 et seq. of the Code of Virginia), (ii) an erosion and sediment control
plan and a stormwater management plan approved by the Virginia 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
followin-:
C

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

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

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

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

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

Draft - ToW17 of OnleY Z017i17,IZ Ordimince

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

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

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

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

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

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

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

111-5.15 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 RPA through the performance of a
water quality impact assessment which complies with the provisions of Section 111-5.11.

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

Draft - 7i)"11 011*0tile-y Zoning Ordinance

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

3. The exception request is the minimum necessary to afford relief.

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

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

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

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

Article IV - Sign Regulations

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

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

IV-3) HeiLyht Rea-ulations. Signs shall not exceed a height of 20 feet above -round level or the
street to which it is oriented, whichever is higher.

43)

Draft - Tovtw of OnleY Zoning Ordinance

IV-4 General Regulations.

IV-4. 1, Except for authorized traffic signs, no sign shall be erected at the intersection of
any streets in such a manner as to create a traffic hazard by obstructing vision between
heights of two and one-half (2 1/2) and eight (8) feet; or at any location where it mav
interfere with, obstruct the view of, or be confused with anv authorized traffic sign.
I -

IV-4.2. No sign will be erected which imitates or resembles any official traffic sign,
sianal or device or uses the words "Stop" or "Danaer" prominently displayed or presents
or implies the need or requirement of stopping or the existence of danger on any highway.
Z=

IV -14.3. No sign will be erected which advertises any activities which are illeaal under
State or Federal law or regulations in effect at the location of such sisin or at the location
of such activities.

IV-4.4, No sign will be erected which is inconsistent with State law or the provisions of
g
this ordinance.

IV-4.5. No sign will be erected which involves noise, motion or rotation of any part of
the structure or displays intermittent or flashing lights, without a Special Use Permit from
the governing body.

IV-4.6. Signs that are larger or higher than provided in this ordinance may be allowed
with a special use permit granted by the governing body.

IV-5 Nonconforming Signs. Any sign lawfully in existence at the time of the effective date of
this ordinance may be maintained although it does not conform with the provisions of this
ordinance. Such nonconforming signs shall comply in all respects with the requirements of
Article VI relating to nonconforming uses.

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

Article V - Off-Street Parking

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

Draft - Tbivit of OnleyZ017ilkgordin(117ce

V-2 Parking Space Size. Parking space size shall be a maximum of 162 square feet with a width
of 9 feet and a length of 18 fee@and a minimum of 91 square feet with a width of 7 feet and a
length of I') feet. Parking spaces required for the handicapped shall be 200 square feet with a
width of 10 feet and a length of 20 feet.

V-3 Schedule of Off-Street Parking.

Districts OtT-Street Parking Reguirements

R- I 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
g

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

V-4 Additional Requirements. The following uses are controlled separately from the above
district-wide off-street parking regulations.

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

V-4.2. For medical and dental offices, at least ten (10) parking spaces. Three (3))
additional parking spaces shall be fumished for each doctor or dentist in such
offices in excess of three doctors or dentists.

V-43 ). For fraternal lodges, hunting clubs, golf courses, and country clubs, at least
twenty-five (25) parking spaces shall be provided. Additional parking may be
required by the Zoning Administrator.

V-4.4. For post offices at least one (1) for each fifty (50) box holders but not less than
ten (10) spaces.

V-4.5. For restaurants at least one (1) parking space per table or booth plus six (6) for
employees.

V-4.6. For tourist homes and motels, at least one (1) parking space for each
accommodation, provided on the lot.

V-4.7. For tourist courts, apartments, and apartment motels, at least one (1) parking space
for each individual sleeping or living unit. For hotels and apartment motels, at

Draft - Tovin of Onley Zoning Ordinance

least one (1) parking space for each two (2) sleeping rooms, up to and including
the first twenty (20) sleeping rooms, and one (1) parking space for each three (3)
sleeping rooms over twenty (20).

V-5. Parking space as required in the foregoing shall be on the same lot with the main
building, except that in the case of buildings other than dwellings, spaces may be located
as far away as six hundred (600) feet. Every parcel of land hereafter used as public
parking areas shall be surfaced with gravel, stone, asphalt, or concrete. It shall have
appropriate guards where needed as determined by the administrator. Any lights used to
illuminate said parking areas shall be arranged so as to reflect the light away from the
adjoining premises in a residential district.

V-6. Minimum Requirements for Handicapped Access.

Total Parking Spaces in Lot Accessible Spaces
I to 25 1
26 to 50 17
51 to 75
76 to 100 4
101 to 150 5
151 to 200 6
201 to '300 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 Lots

VI- I Statement of Intent. Unimproved nonconforming lots of record at the time of the effective
date of this Ordinance which are of insufficient size to meet the minimum requirements of this
ordinance regarding area, frontage, setbacks, width, depth, side and rear yard requirements may
be used as permitted by this Article or the regulations for the underlying district in which the lot
is located, subject to certain conditions.

VI-2. Lots must comply with all minimum zoning requirements and other applicable ordinances
in effect on the date such lot is located.

-Drcift - Tomi of Onle-v Zoning Ordinance

VI-3. The use of such nonconforming lots shall be subject to the requirements of the Board of
Zoning Appeals as to setbacks, side yards and rear yards for same, and other provisions of this
ordinance pertaining thereto.

VI_J
t Procedure.

VI-4. 1. An application for a permit for the use of a nonconforming lot shall be made to
the Board of Zoning Appeals through the Zoning Administrator, which application shall
contain information as follows:

A. Name and address of applicant and property owner

B. Legal description of the property and a copy of the plat of survey thereof, showing
date of recordation, if any

C. Type of use proposed for the property

D. A sketch. of the lot showing dimensions thereof and proposed location of structures
thereon, in relation to streets- lot lines, Chesapeake Bay Preservation Areas (if
applicable), structures on adjoining properties, and the location of proposed water
supply and septic system the lot and the location of such systems on adjoining
lots.

VI-4.2. The Board of Zoning Appeals shall consider the application as it would an
application fora variance, and after holding a public hearing following due advertisement
thereof, the Board may grant the right to use said lot subject to reasonable requirements
imposed by it relative to setback, side yard, rear yard, and other provisions of this
ordinance pertaining thereto.

Article VH - Nonconforming Uses

VII- I Continuation.

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

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

VII-1.3. If any nonconforming use (structure or activity) is discontinued for a period

Draft - Toivn of Onle,y Zonh@g Orcfinal7ce

exceeding two (2) years after the enactment of this ordinance, it shall be deemed aban-
doned and any subsequent use shall conform to the requirements of this ordinance.

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

VII-1.5. Uses, structures, or activities which were lawful before this ordinance was
passed or amended, but which would be prohibited, regulated, or restricted under the
terms 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.

VII-2 Procedure.

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

A. Name and address of applicant and property owner.-

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

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

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

VII-2.2. Upon determining that same is proper, a nonconforming use permit shall be
issued by the Zoning Administrator.

VII-3 ReDairs 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 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.

VII-4 Expansion or Enlargement.

Draft - Touw of Onlev Zoning Ordinance

VII-4. 1. A nonconformina structure to be extended or enlaraed shall conform with the
provisions of this ordinance.

VII-4,2. A nonconforminiz activity may be extended throughout any part of a structure
which was arranged or designed for such activity at the time of enactment of this
ordinance.

VII-5 Restoration or Replacement.

V11-5. 1. If a nonconforming activity is destroyed or damaged in any manner, it shall be
restored only if such use complies with the requirements of this ordinance, provided any
such restoration is started within twelve (12) months and completed within twenty-four
(24) months frorn the date of damage or destruction.

VII-5.2. If a nonconformine structure is destroyed or damaged in any manner, it shall be
restored only within the existinc, construction footprint. If such a nonconforming structure
can be made conforming during reconstruction, then it shall comply with the requirements
of this ordinance.

V11-53 ). When a conforming or nonconforming structure, regardless of use, is damaged
to any extent, 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 damage or destruction.

VII-6 Procedure.

VII-6. 1. Prior to commencement of any repairs or maintenance under Section VIII-3,
expansion or enlargement under V114, or restoration or replacement under VII-5, an
application for a permit for same shall be made to the Zoning Administrator, which
application shall. contain the information required in VII-2 of this ordinance.

VII-6.2. Upon determining that the proposed repairs and maintenance, and/or
expansion and enlargement, and/or restoration or replacement is in accordance with the
provisions of this ordinance, the Zoning Administrator shall issue a permit for same.

Article VM Administration and Enforcement

VIII- I Zoning Administrator. This ordinance shall be administered by the Zoning Administrator
who shall be appointed by the Town Council and shall be assisted by such other persons as the
Town Council may direct. The Zoning Administrator shall have all necessary authority to

Draft - Tbivii of Onlely Zoning Ordinance

administer and enforce the provisions of this ordinance.

The Zon] ing Administrator is hereby empowered to enter and go upon any private or public
property in the Town for the purpose of inspecting for compliance with this ordinance and of
administration and enforcement hereof, provided that any and ail 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.

V111-2-Zoning Permits.

VIII-2. 1. Buildings or other structures shall be erected, constructed, reconstructed,
enlarged, or altered only after a zoning permit has been obtained from the administrator.
Fees shall be charged in accordance with Section VII-6 of this Article. The zoning, permit
shall state that the proposed construction, use, or other activity is in accord with all
provisions of this Zoning Ordinance. The Zoning Administrator may promulgate rules
determining any additional information that may be required to accompany each
application for a pen-nit herein.

VIII-2.2. The Zoning Administrator shall act on any application received within twenty
(45) days after receiving the application, unless the property is located in the Chesapeake
flay Preservation Area. For property located within the Chesapeake Bay Preservation
Area, the Zoning Administrator shall act within ninety (90) days upon receipt of the
application. If formal notice in writing is given to the applicant, the time for action may
be extended as reasonably necessary.

VIH-3 Certificate of Compliance. Land may be used or occupied, and buildings structurally
altered or erected may be used or changed in use only after a certificate of compliance has been
issued by the administrator. Such a permit shall state that the building or the proposed use, or
the use of the land, complies with the provisions of this ordinance. A similar certificate shall be
issued for the purpose of maintaining, renewing, changing, or extending a nonconforming use.
A certificate of compliance either for the whole or part of a building shall be applied for
simultaneously with the application for a zoning permit. The permit shall be issued within ten
(10) days after the erection or structural alteration of such building or part has conformed with
the provisions of this ordinance.

VIII-4 Required Information. Each application for a zoning permit shall be accompanied by three
(3)) copies of a scale drawing. The drawing shall show the size and shape of the parcel of land
on which the proposed building is to be constructed, the nature of the proposed use of the
building or land, and the location of such building or use with respect to the property lines of
said parcel of land and to the fight of way or any street or highway adjoining said parcel of land.
Any other information which the Zoning Administrator may deem necessary for consideration
of the application may be required. If the proposed building or use is in conformity with the

Draft - Tovin of Onley Zoning Ordinance

provisions of this ordinance, a permit shall be issued to the applicant by the administrator. One
copy of the drawing shall be returned to the applicant with the permit.

VIII-5 Violations and Penalties. Any person who violates any provision of this ordinance or any
amendment thereto, or who falls to perform any act required hereunder or does any prohibited
act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine
of not more than two hundred fifty dollars ($250) 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.

VIII-6 Fee Schedule. Fees shall be imposed as follows:

Zoning Ordinance (copy) $ 5.00
Zoning Permits:
R-1 District $ 25.00
B-G District $ 50.00
TM- I District S 50.00
Certificate of Compliance $ 10.00
Nonconforming Use Permit $ 10.00
Special Use Permit $150.00
Variance $150.00
Rezoning $500.00
Water Quality Impact
Assessment Review $150.00

In addition to the fort-going fees, the applicant for any permit, special use permit, variance,
rezoning, or water quality impact assessment review shall pay all costs of any required
advertisements and notices. All fees and costs paid shall be non-refundable.

Article IX Special Use Permits

IX-1 Statement of Intent. It is recognized in this ordinance that certain uses are not necessarily
incompatible with the uses traditionally associated with standard zoning districts, if the proper
mitigating conditions are enacted along with the proposed use. Therefore, such uses have been
designated as special uses, and have been included in Article H1. Such uses are allowed in the
associated districts upon the issuance of a Special Use Permit by the Onley Town Council.

IX-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

Draft - Toitw ofonle.v Zonh@g, Ordinance

review shall be as follows:

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

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

C. The Town Council shall hold a public hearing in accordance with Section 15.1-43 )1 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.

D. If the Town Council requests a recommendation from the Planning Commission regarding
the issuance of the Special Use Permit, ajoint public hearing shall be held. The Planning
Commission recommendation shall be transmitted to the Town Council by the Town
Council's first meeting after the date the public hearing is held.

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

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

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

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

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

E. Limitation on signage or other structures to be placed upon property that may affect
surrounding properties.

Draft -- Tovin (Y'Onlev Zoning Ordinance

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

G. 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.

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

A. The proposed use and/or structure is allowed in the district in question with a special use
permit.

B. The proposed use and/or structure Is consistent with the Town Plan.

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

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

IX-5 Notification to Applican . After due consideration, the Town Council shall make a decision
and promptly notify the applicant of its decision in writing, along, with a justification for denial
or special conditions.

IX-6 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 specificaIly made part of the
special use permit. No deviations, expansion, or other changes whatsoever shall be made from
the term of the special use permit without the express written consent of the Town Council.

Article X Provisions for Appeal

X-1 Board of Zonin Appeals.

X- 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 Accomack County according to the provisions of the
or
Code of Virginia, Section 15.1-494. Members of the Board may receive such

5 31

Draft - Town of Onley Zoning Or&nance

compensation as may be authorized by the governing body. Members shall be removable
for cause by the appointing authority upon written charges and after public hearing.
Appointments for vacancies occunin-a otherwise than by expiration of term shall In all
cases be for tile unexpired term.

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

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

X-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.

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

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

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

When a property owner can show that his property was acquired in good faith and where
by reason of the exceptional narrowness, shallowness, size or shape of specific piece of
property at the time of the effective date of the ordinance or where by reason of
exceptional topographic conditions or other extraordinary situation or condition of such
piece of property, or of the use or development of property immediately adjacent thereto,
the strict application of the terms of the ordinance would effectively prohibit or
unreasonably restrict the use of the property or where the board is satisfied, upon the
evidence' heard by it, that the granting of such variance will alleviate a clearly
demonstrable hardship approaching confiscation, as distinguished from a special privilege
or convenience sought by the applicant, provided that all variances shall be in harmony
with the intended spirit and purpose of the ordinance.

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

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

Drqfi - Toii!n of Onleil Zoning Ordinance

? That such hardship is not shared generally by other properties in the same zonin(T
C,
district and the same vicinity-, and

J. 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
sirantinu of the variance.

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

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

X-2.3 Inte!pretation. The Board of Zoning Appeals shall have the authority to hear and
decide applications for interpretation of the district map where there is any uncertainty as
to the location of a district boundary. After notice to the owners of the property affected
by any such question, and after public hearing with notice as required by Section 15.1-43 ) I
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.

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

X-4 Appeal to the Board of Zoniniz.Appeals. An appeal to the board may be taken by any
person aggrieved or by any office, department, board or bureau of the county or municipality
affected by any decision of the Zoning Administrator. Any written notice of a zoning violation
or a written order of the zoning administrator shall include a statement informing the recipient
that he may have a right to appeal the notice of a zoning violation or a written order within thirty
(3 ) 0) days, and that the decision shall be final and unappealable if not appealed within thirty (3 ) 0)

DraO - 16irn of'Onle-v Zoning Ordinance

days. The appeal period shall not commence until such statement Is given. Such appeal shall
be taken within thirty ('30) days after the decision appealed from by filing, with the Zoning
Administrator, and with the board, a notice of appeal specifying the a unds thereof. The Zoning
to
Administrator shall forthwith transmit to the board all the papers constituting the record upon
which the action appealed was taken. An appeal shall stay all proceedings in t@urtherance of the
action appealed from unless the Zoning Administrator certifies to the board that by reason of facts
stated in the certificate a stay would in his opinion cause imminent peril to life or property, in
which case proceedings shall not be stayed otherwise, than by a restraining order granted by the
board or by a court of record, on application and on notice to the Zoning Administrator and for
good cause shown. No such appeal shall be heard until after notice and hearing as required by
Section 15.1-4' ) I of the Code of Vir2ima.

X-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.

X-5 Rules and Reaulations.

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

X-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.

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

X,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 shall be
immediately filed in the Town Hall and shall be a public record.

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

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

X-6 Public Hearing. The board shall fix a reasonable time for the hearing of an application or
appeal, give public notice thereof as well as due notice to the parties in interest and decide the.-
same within ninety (90) days. In exercising its powers, the Board may reverse or affirm, wholly
or partly, or may modif, the order, requirement, decision, or determination of an administrative

Drqft - Town of Onley Zoning Ordinance

officer, or may decide in favor of the applicant on any matter upon which it is required to pass
under the ordinance or may effect any variance from the ordinance. The board shall keep
minutes of its proceedings and other official actions which shall be filed in the Town Hall and
shall be public record. The chairman of the board, or in his absence the acting chairman, may
administer oaths and compel the attendance of witnesses.

X-7 Decision of the Board of Zoning Appeals.

X-7. 1. Any person or persons jointly or severally a-- ieved by any decision of the Board
of Zoning Appeals, or any taxpayer or any officer, department, board, or bureau of the
county or municipalit, , may present to the Circuit Court of the county a petition
Y
ifying the grounds on which aggrieved within thirty (30) days after the filing of the
speci
decision in the Town Hall.

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

X-7.3. If, upon the hearing, it shall appear to the court that testimony is necessary for the
proper disposition of the matter, it may take evidence or appoint a commissioner to take
such evidence as it may direct and report the same to the court with his findings of fact
and conclusions of law, which shall constitute a part of the proceedings upon which the
determination of the court shall be made. The court may reverse or affirm, wholly or
partly, or may modify the decision brought up for review.

X-7.4. 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.

Article X1 Amendments

XI-1 General Provisions. The regulations, restrictions and boundaries established in this
ordinance may, from time to time, be amended, supplemented, changed, modified, or repealed
by the governing body, provided:

M-1.1. The Planning Commission shall hold at least one (1) public hearing on such
proposed amendment after notice as required by law, and may make appropriate changes
in the proposed amendment as a result of such hearing. Upon completion of its work, the
commission shall present the proposed amendment to the governing body together with
its recommendations and appropriate explanatory materials. Such public hearing may be

Draft - Toiivn of Onley Zoning ordinance

held jointly with the governing body at its public hearing.

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

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

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