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                   Parksley Zoning Ordinance - Adopted April 10, 1995














                                    Town Zoning Ordinance

                                               of

                               The Town of Parksley, Virginia


                                         Prepared by:

                         The Town of Parksley Planning Commission












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

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





                               With Technical Assistance by:

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







                Parksley Zoning Ordinance - Adopted April 10, 1995



         Parksley Town Zoning Ordinance as dul adopted by the Parksley Town
         Council in regular session on       MCI                    1995.



                                 Certification:
                                                 Thomas W. Yo


                                         Teste:   
                                                 Denise Bernard, Clerk

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         enforced thereafter until repealed or amended.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




                   Parksley Zoning Ordinance - Adopted April 10, 1995



                                      TABLE OF CONTENTS,



           ARTICLE                    TITLE                                  PAGE


                I         General Provisions  ...............................   1


              Ii          Definitions ......................................    5


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

                            Residential, Single-Family (R-15)     ............ 20

                            Residential, Mixed (R-M)    ..................... 23

                            Commercial, General (C-G)     .................... 26

                            Chesapeake Bay Preservation Area
                              Overlay District (CBPA)     .................... 29

              IV          Sign Regulations   ................................ 47

                V         Off-Street Parking  ..............................  49

              Vi          Nonconforming Lots  ..............................  51

              VII         Nonconforming Uses  ..............................  S2

            VIII          Administration and Enforcement    .................. 55

              Ix          Special Use Permits   ............................. 57

                X         Provisions for Appeal   ........................... 60

              XI          Amendments ...............................  ' ....... 65






                   Parksley Zoning Ordinance - Adopted April 10, 1995




                                     MAPS and FIGURES



                      MAP                                                PAGE


            Town of Parksley Zoning Map .................................. 17

            Town of Parksle-% Chesapeake Bay
                           Y
              Preservation Area Overlay District Map ..................... 18



                      FIGUR13


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






                   Parksley Zoning Ordinance - Adopted April 10, 1995



                               Article I - General Provisions


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

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

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

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

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

            Therefore, be it ordained by the governing body of          the Town of
            Parksley, Virginia, for the purpose of promoting the health,
            safety, and/or general welfare of the public and of further
            accomplishing the objectives of Section 15.1-427 of         the Code of
            Virginia, that the following be adopted as the zoning       ordinance of
            the Town of Parksley, 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

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                    Parksley Zoning Ordinance - Adopted April 10, 1995



            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
            Parksley Town Plan, as adopted by the Parksley Town Council.

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

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

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


            1-5   Non-exclusionary Intent.      It is not the intent of this.
            ordinance  to exclude any economic, racial, religious or ethnic
            group from enjoyment 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 Parksley based upon family status, except as may be the
            incidental result of meeting the purpose outlined in Section I-1,
            herein.                                                 I.                I

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

            1-6.1 Changes or Amendments. If, in accordance with the provisions
            of this ordinance, changes are made in district boundaries or other
            matter portrayed on the official zoning map, such changes shall be
            entered on the official zoning map promptly after the change has
            been approved by the Town Council, or no more than thirty (30) days
            after approval. Such changes shall be attested by the initials of'

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                   Parksley Zoning Ordinance - Adopted April 10, 1995



            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 VII.

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

            1-6.3 Apiplication and InterT)retation 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

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                    Parksley Zoning Ordinance - Adopted April 10, 1995



                  single ownership at the time of passage of this ordinance,  the
                  Board of Zoning Appeals shall hear and decide the exact
                  location of the district line in keeping with the provisions
                  of Article VIII.


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

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

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

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

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

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









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                  Parksley Zoning ordinance - Adopted April 10, 1995



                                Article II - Definitions

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

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

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

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

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

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

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

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

           11-8 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.

           11-9 Bed and Breakfast House:      A dwelling where lodging and
           breakfast is provided for compensation for up to six (6) persons
           (in contradistinction to hotels, boarding houses and tourist
           houses) and open to transients. Up to one person may be hired to
           assist in the operation of the establishment.


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                    Parksley Zoning Ordinance - Adopted April 10, 1995



             II-10 Best Manacrement 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.

             II-11 Boarding House: A building where, for compensation, lodging
             and meals are  provided for at least six (6) and up to ten (10)
             persons.

             11-12 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.

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

             II-14-Buildincr, Height of: The height shall be measured from the
             average elevation of the ground surface along the front of the
             building.

             11-15- Building, Main:  The principal structure or one (1) of the
             principal buildings on a lot, or the building or one (1) of the
             principal buildings housing the principal use on the lot.

             11-16 Cellar:   A story having more than one-half (1/2) of its,
             height below grade and which may not be occupied for dwelling
             purposes.

             11-17 Chesaveake Bay Preservation Area (CEPA) : Any land designated
             by the Parksley Town Council pursuant to Part III of th e Chesapeake
             Bay Preservation Area Designation and Management Regulations, VR
             173-02-01, promulgated pursuant to the Code of Virginia.          The
             Parksley Chesapeake Bay Preservation Area shall consist of a
             Resource Protection Area and a Resource Management Area.

             11-18 Commission, The:    The Planning Commission of the Town of
             Parksley, Virginia.

             11-19 Construction Footprint: The area of all impervious surface
             including, but not limited to, buildings, roads and drives, parking
             areas, and sidewalks and the area necessary for construction of
             such improvements.

             11-20 Dairy: A commercial establishment for the manufacture and
             sale of dairy products.

             11-21 Deve loment: The construction, or substantial alteration, of

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                   Parksley Zoning Ordinance - Adopted April 10, 1995



            residential, commercial, industrial, institutional, recreation,
            transportation, or utility facilities or structures.

            11-22 Diameter at Breast Heicrht (DBH) :     The diameter of a tree
            measured outside the bark at a point 4.5 feet above ground.

            11-23 District:     Districts as referred to in the State Code,
            Section 15.1-486.

            11-24 Dripline: A vertical projection to the ground surface from
            the furthest lateral extent of a tree's leaf canopy.

            11-25 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.

            11-25.1   Multiple-Family: A structure arranged or designed to be
            occupied by more than two (2) families.

            11-25.2   Single-Family:    A structure arranged or designed to be
            occupied  by one (1) family, the structure having only one (1)
            dwelling  unit.

            11-25.3    Two-Family:    A structure arranged or designed to be
            occupied  by two (2) families, the structure having only two (2)
            dwelling  units.

            11-26 DwellincT Unit: One (1) or more rooms in a dwelling designed
            for living or sleeping purposes, and having at least one (1)
            kitchen.

            11-27 Family:    One (1) or more persons occupying a premises and
            living in a single dwelling unit, as distinguished from an
            unrelated group occupying a boarding house, lodging house, tourist
            home, or hotel.

            11-28 Frontage: The minimum width of a lot measured from one (1)
            side line to the other along a straight building setback line as
            defined as required herein.

            11-29 Garage, Private: Accessory building designed or used for the
            storage of not more than three (3) automobiles owned and used by
            the occupants of the building to which it is accessory. on a lot
            occupied by a multiple-unit dwelling, the private garage may be
            designed and used for the storage of one and one-half (1 1/2) times
            as many automobiles as there are dwelling units.

            11-30 Garage, Public: A building or portion thereof, other than a
            private garage, designed or used for servicing, repairing, equip-
            ping, renting, selling, or staring motor-driven vehicles.

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                   Parksley Zoning Ordinance - Adopted April 10, 1995



            11-31 Golf Course: Any golf course, publicly or privately owned,
            on which the game of golf is played, including accessory uses and
            buildings customary thereto, but excluding golf driving ranges as
            defined herein.

            11-32 Golf Drivincr Range: A limited area on which golf players do
            not walk, but onto which they drive golf balls from a central
            driving tee.

            11-33 GovernincLBody: The Town Council of Parksley, Virginia.

            11-34 Historical Area:    An area indicated on the Zoning map to
            which the provisions of the ordinance apply for protection of a
            historical heritage.

            11-35 Home Garden:   A garden in a residential district for the
            production of vegetables, fruits, and flowers generally for use
            and/or consumption by the occupants of the premises.

            11-36 Home Occupatio : 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
                 by the conduct of such home occupation shall be met off the
                 street and other than in a required front yard.

            E.   No equipment or process shall be used in such home occupation
                 which creates noise, vibration, glare, fumes, odors, or
                 electrical interference detectable to the normal senses off
                 the lot, if the occupation is conducted in a single-family
                 dwelling, or outside the dwelling unit if conducted in other
                 than a single-family dwelling. In the case of the electrical

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                  Parksley Zoning Ordinance - Adopted April 10, 1995



                interference, no equipment or process shall be used which
                creates visual or audible interference in any radio or
                television receivers off the premises, or causes fluctuations
                in line voltage off the premises. Bed and breakfast houses,
                boarding and rooming houses, tourist homes and private
                education institutions, the conducting of a beauty or barber
                shop, tea room or restaurant, rest home, clinic, doctor or
                dentist office, child care center, real estate office, or
                cabinet, metal, or auto repair shop shall not be deemed a home
                occupation.

            11-37 Impervious Cover: A surface composed of any material that
            significantly impedes or prevents natural infiltration of water
            into the soil. Impervious surfaces include, but are not limited
            to: roofs, buildings, streets, parking areas, and any concrete,
            asphalt, or compacted gravel surface.

            11-38 Infill: Utilization of vacant land in previously developed
            areas.


            11-39 Kennel: Any place in which more than three (3) dogs, more
            than six (6) months of age are kept, or any number of dogs are kept
            for the purpose of sale or rental or in connection with boarding,
            care, or breeding, for which any fee is charged.

            11-40 Land Disturbance: Any activity causing a land change which
            may result in soil erosion from 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 repairs
            and home maintenance.

            11-41 Lot: A parcel of land occupied or to be occupied by a main
            structure or group of main structures and accessory' structures,
            together with such yards, open spaces, lot width, and lot areas as
            are required by this ordinance, and having frontage upon a street,
            either shown on a plat of record or considered as a unit of
            property and described by metes and bounds.

            11-42 Lot, Corner: A lot abutting on two (2) or more streets at
            their intersection.   Of the two (2) sides of a corner lot, the
            front shall be deemed to be the shortest of the two (2) sides
            fronting on streets.

            11-43 Lot, Depth of: The average horizontal distance between the
            front and rear lot lines.

            11-44 Lot, Double Frontage: An interior lot having frontage on two
            (2) streets.



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                    Parksley Zoning Ordinance - Adopted April 10, 1995



            II-45-Lot, Interior: Any lot other than a corner lot.

            11-46 Lot, Width:     The width of any lot at the setback line,
            calculated bv measuring back a uniform distance from the street.
            line as required by the setback regulation.     If the street line!
            curves or angles, then the setback line shall also curve or angle!
            uniformly with the street line and the lot ' width shall be
            calculated along the said curve or angle setback line.

            11-47 Lot of Record: A lot which has been recorded in the Clerk's
            Office of the Circuit Court.

            11-48 Manufacture and/or Manufacturincr:    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.

            11-49 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 I'mobile
            home," once widely used to describe transportable housing units,
            has been replaced in the Code of Virginia, Section 36-85.16 et,
            seq., by the term "manufactured home."

            11-50 Manufactured Home Park or Subdivision: Any area designed to
            accommodate two (2) or more manufactured homes intended for
            residential use where residence is in manufactured homes
            exclusively.

            11-51 Mobile Home: A transportable, factory built home designed to
            be used as a year-round residential dwelling and built prior to the
            enactment of the Federal Manufactured Housing Construction and
            Safety Standards Act of 1974. (This definition shall not include
            motor homes and travel trailers.)

            11-52 Motor Home:    Every private motor vehicle with a normal.
            seating capacity of not more than ten persons, including the
            driver, designed primarily for use as living quarters for human
            beings.

            11-53 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.


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                  Parksley Zoning Ordinance - Adopted April 10, 1995



           11-54  Nonconforming Activity:      The otherwise legal use of a
           building or structure or of a tract of land that does not conform
           to the use regulations of this ordinance for the district in which
           it is located, either at the effective date of this ordinance or as
           a result of subsequent amendments to the ordinance.

           11-55 Nonconforming Structure:     An otherwise legal building or
           structure that does not conform with the lot area, yard, height,
           lot coverage, or other area regulations of this ordinance, or is
           designed or intended for a use that does not conform to the use
           regulations of this ordinance for the district in which it is
           located, either at the effective date of this ordinance or as a
           result of subsequent amendments to the ordinance.

           11-56 Nonpoint Source Pollution:          Pollution consisting of
           constituents such as sediment, nutrients, and organic and toxic
           substances from diffuse sources, such as runoff from agriculture
           and urban land development and use.

           11-57 Nontidal Wetlands: Those wetlands other than tidal wetlands
           that are inundated or saturated by surface or ground water at a
           frequency and duration sufficient to support, and that under normal
           circumstances do support, a prevalence of vegetation typically
           adapted for life in saturated soil conditions, as defined by the
           U.S. Environmental Protection Agency pursuant to Section 404 of the
           federal Clean Water Act, in 33 C.F.R. 328.3b, dated November 13,
           1986, provided that any exceptions thereto shall be exceptions
           herein.


           11-58 Noxious Weeds:       Weeds that are difficult to control
           effectively, such as Johnson Grass, Kudzu, and multiflora rose.

           11-59 Office:     For the purpose of this ordinance offices are
           defined as a building, room or suite in which services, clerical
           work, professional duties or the like are carried out.'

           11-60 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 street or alley and permitting ingress or egress of an
           automobile.

           11-61 Parkincr Area, Off-Street:     Parking (as defined in 11-61)
           space provided for vehicles outside the dedicated street
           right-of-way.

           11-62 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.


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                     Parksley Zoning Ordinance - Adopted April 10, 1995



             11-63 Public RoZLd: 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.

             11-64 Public Water and Sewer Systems:       A water or sewer system'
             owned and operated by the Town of Parksley 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.

             11-65 Recreational Vehicle: Vehicular-type structure designed as
             temporary living accommodations for recreation, camping, and travel
             use.   There are four (4) basic types of recreational vehicles:
             travel trailers, motor homes, truck campers, and camping trailers.

             11-66 Redeveloment: The process of developing land that is or has,
             been previously developed.

             11-67 Recruired ODen Space: Any space required in any front, side,
             or rear yard.

             11-68 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 diminishing the
             functional value of the Resource Protection Area.

             11-69 Resource Protection Area (RPA) :        That component of the
             Chesapeake Bay Preservation Area comprised of lands at or near the
             shoreline that have an intrinsic water quality value due to the
             ecological and biological  'processes they perform or are sensitive
             to impacts which may result in significant degradation to the
             quality of state waters.

             11-70 Restaurant: Any building in which, for compensation, food or
             beverages are dispensed for consumption on the premises including,
             among other establishments, cafes, tea rooms, confectionery shops,
             or refreshment stands.

             11-71 Retail Stores and ShoT)s: 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.

             IT-72 Satellite Dish: A device incorporating a reflective surface

                                               12






                  Parksley Zoning Ordinance - Adopted April 10, 1995



           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.

           11-73 Setback:    The minimum distance by which any building or
           structure must be separated from a lot line.

           11-74 Sign: Any display of any letters, words, numerals, figures,
           device, emblems, pictures, or any parts or combinations thereof, by
           any means whereby the same are made visible for the purpose of
           making anything known, where such display be made on, attached to,
           or as a part of a structure, surface, or any other thing including,
           but not limited to, the ground, any rock, tree, or other natural
           object, which display is visible beyond the boundaries of the
           parcel of land on which the same is made. A display of less than
           one (1) square foot in area is excluded from this definition.

           11-74.1 Business.   A sign which directs attention to a product,
           commodity, or service available on the premises.

           11-74.2 Home Occupation. A sign not exceeding one (1) square foot
           in area directing attention to a product, commodity, or service
           available on the premises, but which product, commodity, or service
           is clearly a secondary use of the dwelling. The sign must have a
           white background with black trim. Letters must be in black and no
           more than three inches in height.

           11-74.3 Home Identification. A sign 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.

           11-74.4 General Advertising. A sign which directs attention to a
           product, commodity, or service not necessarily available on the
           premises.

           11-74.5 Location.      A sign which directs attention to the
           approximate location of an establishment from which the advertised
           product may be obtained.

           11-74.6 Directional.     A directional sign which indicates the
           @irection to which attention is called four (4) square feet or less
           in area, giving the name only of the farm or business responsible
           f or the erection of same, one end of which may be pointed, or on
           which an arrow may be painted.

           11-74.7 Identification. A sign, not exceeding sixteen (16) square

                                            13






                   Parksley Zoning Ordinance - Adopted April 10, 1995



            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 residential zone as specified in this article and.
            such sign is erected or displayed on the property as identified.

            11-74.8 Real Estate. A sign not exceeding four (4) square feet in.
            area identifying a particular property for sale.

            11-74.9 Temporarv.   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.

            11-75 Sicrn Structure: Includes the supports, uprights, bracing,
            and framework of' any structure, be it single-faced, double-faced,
            v-type, or otherwise exhibiting a sign.

            11-76 Store: See Item 11-72, Retail Stores and Shops.

            11-77 Story: That portion of a building, other than the basement,
            included between the surface of any floor and the surface of the
            floor next above it.    If there is no floor above it, the space
            between the floor and the ceiling next above it.

            11-78 Story, Half:   A space under a sloping roof, which has the
            line of intersection of roof decking and wall face not more than
            three (3) feet above the top floor level, and in which space not.
            more than two-thirds of the floor area is finished off for use.

            11-79 Street; Road:   A public thoroughfare, except an alley or
            driveway, which affords principal means of access to abutting
            property.

            11-80 Street Line:   The dividing line between a street or road
            right-of-way and the contiguous property.

            11-81 Structure: Anything constructed or erected, the use of which
            requires permanent location on the ground, or attachment to some-
            thing having a permanent location on the ground. This includes,
            among other things, dwellings, buildings, signs, etc.

            11-82 Tributary Stre : Any perennial stream that is so depicted
            on the most recent U.S. Geological Survey 7-1/2 minute topographic!
            quadrangle map (scale 1:24,000).

            11-83 Tourist Home: A dwelling where only lodging is provided for
            compensation for up to fourteen (14) persons (in contradistinction.
            to hotels and boarding houses) and open to transients.

            11-84 Travel Trailer: Vehicular structure mounted on wheels which


                                            14






                  Parksley Zoning Ordinance - Adopted April 10, 1995



           is designed as temporary living accommodations for recreation,
           camping, and travel use and can be easily towed by automobile or
           small truck and does not require special highway movement permits.

           11-85 Truck Camper: Portable structure designed to be loaded onto
           or affixed to the bed or chassis of a truck. Designed to be used
           as temporary living accommodations for recreation, camping, and
           travel use.

           11-86 Use, Accessory: A subordinate use customarily incidental to
           and located upon the same lot occupied by the main use.

           11-87 Variance: A variance is a reasonable deviation, granted by
           the Board of Zoning Appeals, from those provisions regulating the
           size or area of a lot or parcel of land or the size, area, bulk, or
           location of a building or structure.

           11-88 Water-dependent 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.

           11-89 Wayside Stand, Roadside Stand, Wayside 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.


           11-90 Wetlands: Nontidal wetlands.

           11-91 Yard: An open space on a lot other than a court, unoccupied
           and unobstructed from the ground upward, except as otherwise
           provided herein.

           11-91.1 Front. An open space on the same lot as a building between
           the front line of the building (excluding steps) and the front lot
           or street line, and extending across the full width of the lot.

           11-91.2 Rear.    An open, unoccupied space on the same lot as a
           building between the rear line of the building (excluding steps)
           and the rear line of the lot and extending across the full width of
           the lot.

           11-91.3 Side.    An open, unoccupied space on the same lot as a
           building between the side line of the building (excluding steps)
           and the side line of the lot, and extending from the front yard
           line to the rear yard line.

                                            15






                    Parksley Zoning Ordinance   Adopted April 10, 1995



                                  Article-III    Districts

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


                      Residential, Single-Family:         R-15    page 20

                      Residential, Mixed:                 R-M     page 23

                      Commercial, General:                C-G     page 26

                      Chesapeake Bay Preservation Area
                            Overlay District              CBPA    page 29

            Location of these districts can be found on  Map 1, page 17, and on
            Map 2, page 18.

            A graphic illustration of lot terms and yard requirements as
            defined in Article II and used in the district regulations may be
            found on Figure 1, page 19.






























                                             16










                                                                        TOWN OF PARKSLEY





































                                                                                    Map I
                                                                            ZONING DISTRICTS

                                                                           F-j R-19 Residential

                                                                               R-M Residential Mixed

                                                                               C-G Commercial General










                                                                                                                                                                                                    TOWN OF PARKSLEY






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





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

























                                                                                                                                                                                                                                  Map 2
                                                                                                                                                                                                             CHESAPEAKE BAY
                                                                                                                                                                                                       PRESERVATI.ON AREAS

                                                                                                                                                                                                                  Resource management Area


                                                                                                                                                                                                          Resource Protection Areas

                                                                                                                                                                                                                  Perennial Strearrv
                                                                                                                                                                                                                     Non-Tidal Wetland

                                                                                                                                                                                                                   Buffer Zone





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                                                 suaw mw






                     Parksley Zoning Ordinance - Adopted April 10, 1995



                        111-2 Residential Single-Family District, R-15

             111-2.1 Statement of Intent. This district is comoosed of certain
             quiet, medium-density residential areas plus certain open areas
             where similar residential develovment is recommended to occur by
             the Town of Parksley Town Plan. @he regulations for this district
             are designed to stabilize and protect the essential characteristics
             of the district and to promote and encourage a suitable environment
             for family life where there are children.              To these ends,
             development is limited to a relatively 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-15 on
             page 18 of the Town of Parksley, Virginia, Zoning Ordinance and as
             Residential on the Future Land Use Map in the Parksley Town Plan.

             111-2.2 Principil Permitted Uses and Structures.          The following
             uses shall be Permitted subject to all the other requirements of
             this ordinance as a matter of right in Single-Family Residential
             District (R-15).

             A.    Single-Family Dwellings.

             B.    Public Parks and Playgrounds.

             C.    Accessory Buildings, including Satellite Dishes.

             D.    Residential. Swimming Pools, provided that same are located no
                   closer than. ten (10) feet to any adjoining property line, and
                   provided that any swinuning pool with a depth of twenty- f our
                   (24) inches or more, whether below or above grade, fixed or
                   movable, shall be enclosed by independent fencing and gates at
                   least f ive (5) f eet high with a mesh no larger than six (6)
                   inches.

                   Swimming pools not in conformity with the foregoing shall
                   require a Special Use Permit.

             E.    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.

             F.    Home identification signs as defined in Article II and in
                   comoliance with Article IV of this Ordinance.

             G.    Identification signs as defined in Article II and in
                   comoliance with Article IV of this Ordinance.

             H.    Real es tate signs as defined in Article II and in compliance

                                                20






                   Parksley Zoning ordinance - Adopted April 10, 199s



                 with Article IV of this Ordinance.

            I.   Temporary signs as defined in Article II and in compliance
                 with Article IV of this Ordinance.

            111-2.3 Special Exceptions. The following uses shall be permitted
            in Single-Family Residential District (R-15), subject to all the
            other requirements of this ordinance, only upon the obtaining of a
            Special Use Permit from the Town Council.

            A.   Two-Family Dwelling.

            B.   Home occupations - as defined in 11-36.

            C.   Home occupation signs as defined in Article II and in
                 compliance with Article IV of this Ordinance.

            D.   Churches.


            E.-  Bed and Breakfast Houses.

            F.   Swimming Pools not in conformity with Section III-2.2.D.

            G.   Cemeteries.

            111-2.4 Area Regulations.     The minimum lot area required for a
            permitted use in the 11R-1511 district is 15,000 square feet.

            111-2.5 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." on corner lots, the structures shall
            be set back thirty (35) feet from both streets.

            111-2.6 Frontage Recrulations. The minimum lot width measured along
            a street at the setback line shall be fifty (50) feet or more.


            111-2.7 Yard Regulations.

            Side:      The minimum side yard shall be fifteen (15) feet or more.
                       A one story accessory building shall have a side yard of
                       three (3) feet or more and any accessory building over 1
                       story in height shall be ten (10) feet or more from any
                       lot line, except that any satellite dish shall be five
                       (5) feet or more from any lot line.

                                              21






                    Parksley Zoning Ordinance - Adopted April 10, 1995



            Rear:       Each main building shall have a rear yard of thirty-five
                        (35) 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) f eet or more and each
                        accessory building  over 1 story shall be ten (10) feet or
                        more from any lot line.

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

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

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

            111-2.9 Fencincr RecTulations.      Fences may be erected upon the
            obtaining 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
                  setback one (1) foot from the property line.

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

            111-2.10 Access..    Each dwelling unit shall front on a dedicated
            public street or a f if teen (15) foot minimum width access easement.

















                                               22






                  Parksley Zoning Ordinance - Adopted April 10, 1995



                          111-3 Residential Mixed District, R-M

           111-3.1 Statement of Intent. This district is intended to provide
           quiet, medium- and higher-density residential areas plus open areas
           where residential development is recommended to occur by the Town
           of Parksley Town Plan.     The regulations for this district are
           designed to stabilize and protect the essential characteristics of
           a residential district and to promote and encourage a suitable
           environment for family life where there are children while allowing
           for a variety of housing opportunities and flexibility in design.
           This area is represented as R-M on the Zoning Map on page 18 of the
           Town of Parksley, Virginia, Zoning Ordinance and as Residential on
           the Future Land Use Map in the Parksley Town Plan.

           111-3.2 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 Mixed District
           (R-M).

           A.    Single-Family Dwellings.

           B.    Two-Family Dwellings.

           C.    Multi-Family Dwellings.

           D.    Apartment Houses and Boarding Houses.

           E.    Tourist Homes.


           F.    Bed and Breakfast Houses.


           G.    Schools.


           H.    Churches.


           I.    Libraries.


           J.    Rest or Convalescent Homes.

           K.    Nursing Homes.

           L.    Clubs and Lodges.

           M.    Parks and Playgrounds.

           N.    ,.4,ccessory Buildings, including Satellite Dishes.

           0.    Home Occupations as defined in Section 11-36 of this
                 Ordinance.

           P.    Public Utilities:      signs, poles, distribution lines,

                                            23






                      Parksley Zoning Ordinance - Adopted April 10, 1995



                   distribution transformers, Qipes, meters, and other facilities
                   necessary for the provision and maintenance of public
                   utilities, including water and sewerage facilities.

             Q.    Home occupation signs as defined in Article II              and in
                   compliance with Article IV     of this Ordinance.

             R.    Home identification signs      as defined in Article II      and in.
                   compliance with Article IV     of this Ordinance.

             S.    Identification signs as        defined in Article II        and in,
                   compliance with Article IV     of this Ordinance.

             T.    Real estate signs as defined in Article II and in compliance!
                   with Article IV of this Ordinance.

             U.    Temporary signs as defined in Article II and in compliance!
                   with Article IV of this Ordinance.


             111-3.4 Area Regulations.

             A.    For lots containing or intended to contain a single-family,
                   dwelling not served by public water and sewerage systems, the!
                   minimum lot area shall be 15,000 square feet.

             B.    For lots containing or intended to contain dwellings for two
                   or more families not served by public water and sewerage, the
                   minimum lot area is 15,000 square feet plus 1,000 square feet:
                   for each additional dwelling unit above                one.      The
                   administrator may require a greater area if considered
                   necessary by the health official-

             111-3.5 Setback Recrulations. Structures shall be located thirty-
             five (35) feet or more from any street right-of-way which is fifty
             (50) feet or greater in width, or sixty (60) feet or more from the
             center of any street right-of-way less than fifty (50) feet in
             width; however no building need be set back more than the average
             of the setbacks of the two adjacent structures on either side. A
             vacant lot fifty (50) feet or more in width may be assumed to be
             occupied by a building having a minimum setback.           This shall be
             known as the "setback line." On corner lots, the structures shall.
             be set back thirty (35) feet from both streets.

             111-3.6 FrontacTp Regulations. 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.

             111-3.7 Yard RecTulations.

             Side:      The minimum side yard shall be fifteen (15) feet or more.

                                                 24






                    Parksley Zoning ordinance - Adopted April 10, 1995



                        A one story accessory building shall have a side yard of
                        three (3) feet or more and any accessory building over 1
                        story in height shall be ten (10) feet or more from any
                        lot line, except that any satellite dish shall be five
                        (5) 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) f eet or more and each
                        accessory building over 1 story shall be ten (10) feet or
                        more from any lot line.

            111-3.8 Height Recrulations. Buildings may be erected up to 35 feet
            and two and one-half (2 1/2) stories in height except that:

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

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

            C.    The height limit for structures may be increased up to forty-
                  five (45) feet and up to three (3) stories provided each side
                  yard is ten (10) feet, plus one (1) foot of side yard for each
                  additional foot: of building height over thirty-five (35) feet.

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

            111-3.9 Access.     Each dwelling unit shall front on a dedicated
            public street or a f if teen (15) foot minimum width access easement.













                                                25






                    Parksley Zoning Ordinance - Adopted April 10, 1995



                          -111-4 Commercial-General District, C-Q

            111-4.1 Statement of Intent. This district is intended to provide
            for the conduct of general business to which the public requires
            direct and frequent access.    This area is represented as C-G on
            page 18 of the Town of Parksley, Virginia, Zoning Ordinance and as
            Commercial on the Future Land Use Map in the Parksley Town Plan.

            111-4.2 Princival Permitted Uses and Structures.      The following
            uses shall be permitted by right in Commercial -General District (C-
            G).


            A.   Retail Food Stores.


            B.   Bakeries.


            C.   Dry Cleaners.

            D.   Laundries.

            E.   Post Offices, County Offices, Town Offices, and other similar
                 public uses.

            F.   Barber and Beauty Shops.

            G.   Theaters and Assembly Halls.

            H.   Hotels, Motels, and Inns.

            I.   Professional and Business Offices.

            J.   Banks and Lending Institutions.

            K.   Churches.


            L.   Libraries.

            M.   Animal Hospital or Clinic.

            N.   Funeral Homes.


            0.   Restaurants.


            P.   Retail Service Stores.


            Q.   Retail Sales Stores.

            R.   Service Stations (with major repair under cover).

            S.   Clubs and 'Lodges.


                                             26






                    Parksley Zoning Ordinance - Adopted April 10, 1995



            T.   Auto Sales and Service.

            U.   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.

            V.   Virginia ABC Stores.

            W.   Drainage, Erosion and Flood Control Devices.

            X.   Residential Apartments above stores.

            Y.   Accessory Buildings.

            Z.   Business signs not af fixed 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 (32) 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.

            AA.  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.

            BB.  Directional signs, as defined in Article II and in compliance
                 with Article IV of this Ordinance.

            CC.  Identification signs not exceeding twelve (12) square feet in
                 area.


            111-4.3 Special Exceptions. The following uses shall be permitted
            in Commercial -General District, C-G, subject to all the other
            requirements of this ordinance, only upon the obtaining of a
            Special Use Permit from the governing 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 they may deem necessary in the public
                 interest.

            B.   Grain and Feed Supply.


                                               27






                     Parksley Zoning Ordinance - Adopted April 10, 199s



             C.    Machinery Sales and Service.

             D.    Wholesale Stores.


             E.    Warehouses.

             F.    Truck Storage and Service.

             G.    Lumber and Building Supply   (with storage under cover).

             H.    Plumbing and Electrical Supply (with storage under cover).

             I.    multi-family dwellings.

             J.    Bed and Breakfast Houses.

             K.    Apartment Houses and Boarding Houses.

             L.    Tourist Homes.

             M.    Any other uses not specifically named herein.

             111-4.4 Area Recrulations.       None, except for permitted uses
             utilizing individual sewage disposal systems; the required area for
             any such use shall be approved by the health official.

             111-4.5 Frontage and Yard Rectulations. None, except for permitted
             uses adjoining or adjacent to a residential district, the minimum
             side yard or rear yard shall be twenty-five (25) feet, and off-
             street parking shall be in accordance with the provisions contained
             herein.

             111-4.6 Height Recrulations. Buildings may be erected to a height
             of 45 feet and three (3) stories, except that:

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

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

             111-4.7 Access..   Each main building shall front on a dedicated
             public street or a f if teen (15) foot minimum width access easement.





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                  Parksley Zoning Ordinance - Adopted April 10, 1995



             111-5 Chesapeake ay Preservation Area Overlay District, CBPA



           111-5.1 Puripose and Intent.

           A.   This Article is enacted to implement the requirements of
                Section 10.1-2100 et sea. of the Code of Virginia (The
                Chesapeake Bay Preservation Act) as part of the Town of
                Parksley Zoning Ordinance.    The intent of the Parksley Town
                Council and the purpose of the Overlay District is to: (1)
                protect existing high quality state waters; (2) restore all
                other state waters to a condition or quality that will permit
                all reasonable public uses and will support the propagation
                and growth of all aquatic life, including 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 Parksley.

           B.   This district shall be in addition to and shall overlay all
                other zoning districts where they are applied so that any
                parcel of land lying in the Chesapeake Bay Preservation Area
                Overlay District shall also lie in one or more of the other
                zoning districts provided for by the Zoning Ordinance. Unless
                otherwise stated in the Overlay District, the review and
                approval procedures provided for in the Town of Parksley
                Zoning Ordinance Section 111-5.12, Plan of Development
                Process; the Accomack County Erosion and Sediment Control
                Ordinance; and the Accomack County Building Code, including
                all grading permits and building permits, shall be followed in
                reviewing and approving development, redevelopment, and uses
                governed by this Article.

           111-5.2 Authority. This Article is enacted under the authority of
           Section 10.1-2100 et secT. (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).fv

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


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                     Parksley Zoning Ordinance - Adopted April 10, 1995



             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 Parksley Zoning Ordinance, unless the
             context clearly indicates otherwise.

             111-5.5 Application of CBPA District.

             A.    The Chesapeake Bay Preservation    Area Overlay District shall
                   apply to all lands identified as CBPAs as designated by the:
                   Parksley Town Council and as shown on the Town of Parksley
                   Chesapeake Bay Preservation Area Map.       The Chesapeake Bay
                   Preservation Area Overlay District is composed of a Resource!
                   Protection Area (RPA) , and a Resource Management Area (RMA) .         I
                   (1)  Resource Protection Areas include the following land
                        categories, the protection of which is necessary to
                        protect the quality of state waters:

                        a.   'The tributary stream known as Katy Young Branch;

                        b.   A 100-foot vegetated buffer area located adjacent:
                             to and on the southern side of Katy Young Branch.

                   (2)  Resource Management Areas are generally composed of the
                        200 feet of land contiguous to and south of the RPA,
                        except between Jones and Browne Avenues.      Beginning at:
                        the intersection of Jones Avenue and Gertrude Street, it:
                        shall run east along the north edge of Gertrude Street to
                        the east side of Wilson Avenue, turning north along
                        Wilson Avenue to the south edge of Pine Street, then
                        running east along the south side of Pine Street to the
                        west side of Cassatt Avenue, then running south on the
                        west side of Cassatt Avenue to the north side of an alley
                        between Gertrude and Callen Streets, then running east
                        across Patton Avenue and continuing on the north side of
                        the alley until rejoining the aforementioned 200 foot
                        line at Browne Avenue.



             B.    The Town of Parksley Chesapeake Bay Preservation Areas Map on
                   page 19 of this Ordinance shows the general location of CBPAs
                   and should be consulted by persons contemplating activities
                   within the Town of Parksley prior to engaging in a regulated
                   activity.

             111-5.6 Interr.)retation of Resource Protection Area Boundaries.

             A.    Delineation by the Applicant.

                   The site-specific boundaries of the Resource Protection Area
                   shall ordinarily be determined by the applicant in accordance

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                  Parksley Zoning Ordinance - Adopte   d April 10, 1995



                 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 111-5.12, 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.D.

           111.5.7   Use ReS11lations.   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 Recruired Conditions for Resource Protection Areas.

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

                 (1)  It does not conflict with the Parksley 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;


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                     Parksley Zoning Ordinance - Adopted April 10, 1995



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

             B.    A water quality impact assessment shall be required for any
                   proposed development 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 III-
                   5.11, Water Quality Impact Assessment, of this Article.

             C.    Redevelopment    shall    conform   to    applicable     stormwater,
                   management and erosion and sediment control criteria as set
                   forth in Section 111-5.10 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 its adaptability to
                   local conditions without the use of harmful fertilizers or
                   pesticides, filters stormwater runoff. Minimizing impervious
                   cover enhances rainwater infiltration and effectively reduces
                   stormwater runoff potential.

                   The purpose and intent of these requirements are also to
                   implement the following objectives: prevent a net increase in
                   nonpoint source pollution from new development; achieve a 1006
                   reduction in nonpoint source pollution from redevelopment; and
                   achieve a 40% reduction in nonpoint source pol        .lution f rom
                   agricultural uses.

             B.    General    Performance     Standards     for   Development      and
                   Redevelopment in Chesapeake Bay Preservation Areas.

                   (1)   All development exceeding 2,500 square feet of land
                         disturbance shall be subject to a plan of development
                         process, in accordance with Section 111-5.12, Plan of'
                         Development Process, of this Article.

                   (2)   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

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                   Parksley Zoning Ordinance - Adopted April 10, 1995



                           construction footprint.     These limits shall be
                           clearly shown on submitted plans and physically
                           marked on the development site.

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

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

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

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

                 (4) 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.

                 (5)  Any land disturbing activity exceeding 2,500 square feet,
                      including construction of all single-family houses,
                      septic tanks, and drainfields, shall comply with the
                      requirements of the Accomack County Erosion and Sediment
                      Control Ordinance.

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

                 (7)  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 capacity to accommodate a

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                     Parksley Zoning Ordinance - Adopted April 10, 1995



                        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.

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

                        a.    For development, the post-development nonpoint
                              source pollution runoff load shall not exceed the
                              pre-development load, based on the calculated
                              average   land   cover    condition    for Virginia'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 Parksley, whichever is
                              greater;

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

                   (9)  Prior to initiating grading or other on-site activities
                        on any portion of a lot or parcel, all wetlands permits
                        required by federal,        state,   and local     laws     and,
                        regulations shall be obtained and evidence of such,
                        submitted to the Zoning Administrator, in accordance with
                        Section 111-5.12, Plan of Development Process, of this
                        Article.

                   (10) 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

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                   Parksley Zoning Ordinance - Adopted April 10, 1995



                       Agriculture Soil Conservation Service and accomplish
                       water quality protection consistent with this ordinance.
                       Such a plan shall be approved by the local Soil and Water
                       Conservation District by January 1, 1996.

            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 pr esent 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.  Generally, the buffer area shall be measured 1001
                  landward from that point where there is a distinct change from
                  predominantly wetland vegetation to non-wetland vegetation.
                  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
                  P
                  ercent reduction of sediments and a 40 percent reduction of
                  nutrients.  A combination of a buffer area not less than 50
                  feet in width and appropriate best management practices
                  located landward of the buffer area which collectively achieve
                  water quality protection, pollutant removal, and water
                  resource conservation at least the equivalent of the full 100-
                  foot buffer area may be employed in lieu of the 100-foot
                  buffer if approved by the Zoning Administrator after
                  consideration of the Water Quality Impact Assessment, in
                  accordance with Section 111-5.11 of this Article.

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

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


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

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

                                              35






                   Parksley Zoning Ordinance - Adopted April 10, 1995



                            effectively control erosion-

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

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

                 (2)  When the application of the buffer areas would result in
                      the loss of a buildable area on a lot or parcel recorded
                      prior to October 1, 1989, the Zoning Administrator may
                      modify the 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' without an
                            exception pursuant to Section 111-5.15.

                 (3)  On agricultural lands within the RPA the agricultural
                      buffer area shall be managed to prevent concentrated.
                      f lows of surf ace water f rom, breaching the buf f er area and.
                      noxious weeds f rom invading the buf f er area.        The
                      agricultural buffer area may be reduced as follows:

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

                                            36






                    Parksley Zoning Ordinance - Adopted April 10, 1995




                             area;


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

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


            111-5.11 Water Ouality Impact Assessment


            A.    Purpose and Intent.

                  The purpose of the water quality impact assessment is to
                  identify the impacts of proposed development on water quality
                  and lands within Resource Protection Areas; ensure that, where
                  development does take place within Resource Protection Areas,
                  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 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        Iprocess, is
                  required for:

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

                  (2)  Any proposed development in the RMA if deemed necessary
                       by the Zoning Administrator due to unique characteristics
                       of the site or intensity of the proposed development.

            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

                                               37






                    Parksley Zoning Ordinance - Adopted April 10, 1995



                  of the elentents 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:

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

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

                  (3)  Type and location of proposed best management practices
                       to mitigate the proposed encroachment.

                  (4)  Calculation of pre- and post-development pollutant:
                       loading in accordance with Section III-5.10.B(7).

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

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


            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 Zoning Administrator provided
                       that such comments are provided by CBLAD within thirty
                       (30) days of the request.

                  (2)  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-

                                             38







                  Parksley Zoning Ordinance - Adopted April 10, 1995



                           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;

                     g.    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;

                     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 exceeding
           2,500 square feet of land disturbance shall be accomplished through
           a plan of development process prior to any clearing or grading of
           a site or the issuance of any building permit, to assure compliance
           with all applicable requirements of this Ordinance. The plan of
           development process shall generally be satisfied by the approval of
           a site plan, or a plot plan in accordance with the provisions in
           III-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 f or
                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 ï¿½ III-5.12.B below, including the
                submission of a water quality impact assessment in accordance
                with Article 111-5.11 of this Article.



                                            39






                     Parksley Zoning Ordinance - Adopted April 10, 1995



             B.    Recruired Inf ormation. At a minimum, the plot plan shall be!
                   drawn to scale and contain the following information:

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

                   (2) Area of the lot/parcel.

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

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

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

                   (6) Location of all existing and proposed septic tanks and
                       drainfield areas including reserve areas required
                       according to ï¿½ III-5.10.B(6) and the location of all
                       existing and proposed wells.

                   (7) Limits of clearing and grading.

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

                   (9) Location of Resource Protection Area (RPA) boundary, as
                       specified in ï¿½ 111-5.6 of this Article, including any
                       required buffer areas.

                   (10) Location of all erosion and sediment control   devices.

                   (11) Amount of impervious surface proposed for the site.

            C.     Site Plan. A site plan for any proposed development which
                   will result in 10,000 square feet of land disturbance or
                   greater, 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.

            D.     RecTuired 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

                                              40






                  Parksley Zoning Ordinance - Adopted April 10, 1995



                above and the following additional information:

                (1)  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.

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

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

                (4)  All wetlands permits required by law.

                (5)  Limits of existing floodplains.

                (6)  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
                     III-5.10.B(2) of this Article.

                (7)  Public sanitary sewer system, public water mains and fire
                     hydrants.

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

                (9)  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.

                (10) Stormwater management plan which shows the following:

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

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

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



                                            41






                    Parksley '21.oning Ordinance - Adopted April 10, 1995



                       d.   For    facilities,   verification    of     structural
                            soundness, including a Professional Engineer or
                            Class IIIB Surveyor Certification.

                       e.   The plan shall include a guarantee from the
                            property owner that he or she and subsequent owners
                            shall be responsible for any necessary maintenance
                            or repairs.

            E.    Review by  Iministrator. 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 markings on the plan, of any additional data that may
                  be required or improvements that need to be made for
                  compliance with this Ordinance.

            F.    Denial of Plan, Ampeal 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 I s plan does not meet the above stated criteria, they
                  shall deny approval of the plan.

            111-5.13    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 with the following
            provisions and the provisions in this Ordinance for Nonconforming
            Uses.

            A.    No change or expansion of use of an existing nonconforming
                  structure shall be allowed with the exception that the
                  Administrator may grant an application for existing structures
                  on 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:

                  (1)  The alteration, use, improvement, or minor expansion of
                       an existing structure does not increase the non-poi    , nt
                       source pollution load or degrade the quality of surface
                       waters, and encroachment into the buffer area is
                       minimized.


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                   Parksley Zoning Ordinance - Adopted April 10, 1995



                (2) Any development, redevelopment, or land disturbance
                     exceeding an area of 2,500 square feet complies with all
                     erosion and sediment control requirements of the Accomack
                     County Erosion and Sediment Control Ordinance.

           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 the regulations for the underlying district in
                which the lot is located, subject to the following:

                (1)  Lots must comply with all minimum zoning requirements and
                     other applicable ordinances in ef f ect on the date such
                     lot was recorded, and

                (2)  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 any case where a 50-foot buffer area cannot be
                           maintained, an applicant may request an exception
                           in accordance with Section 111-5.15 below.

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

                (1)  Name and address of applicant and property owner.

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

                (3)  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.


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                    Parksl ey Zoning Ordinance - Adopted April-10, 1995



                  (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.

                  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 following:

                  (1)  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;

                  (2)  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;

                  (3)  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


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                   Parksley Zoning Ordinance - Adopted April 10, 1995



                 (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 Forestry 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:

                 (1)  Any required permits, except those to which this
                      exemption specifically applies, shall have been issued;

                 (2)  Sufficient and reasonable proof is submitted that the
                      intended use will not deteriorate water quality;

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

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

           111-5.15   Exce tions.

           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.

           B.    The Zoning Administrator shall review the request for an
                 exception and the water quality impact assessment if required,
                 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;


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                    Parksley Zoning Ordinance - Adopted April 10, 1995



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

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

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

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

            C.    If the Zoning Administrator cannot  make the required findings
                  or refuses to grant the exception, the Zoning Administrator
                  shall return the request for an exception 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 findings and
                  rationale of the Zoning Administrator in determining
                  consistency with the purpose and intent of this Article.






















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                   Parksley Zoning Ordinance - Adopted April 10, 1995




                               Article IV - Sign Recrulations


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

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

            IV-3 Height Re@Mlations.    Signs shall not exceed a height of 20
            f eet above ground level or the street to which it is oriented,
            whichever is higher.

            IV-4 General Regulations.

            IV-4.1.   Except f or authorized traf f ic signs, no sign shall be
            erected at the intersection of any streets in such a manner as to
            create a traffic hazard by obstructing vision between heights of
            two and  one-half (2 1/2) and eight (8) feet; or at any location
            where it may interfere with, obstruct the view of, or be confused
            with any authorized traffic sign.

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

            IV-4.3. No sign will be erected which advertises any activities
            which are illegal under State or Federal law or regulations in
            ef f ect at the location of such sign 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 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.



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                   Parksley Zoning Ordinance - Adopted April 10, 1995



            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.











































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                   Parksley Zoning Ordinance - Adopted April 10, 1995



                              Article V - Off-Street Parking



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

           V-2 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 feet and
           a minimum of 91 square feet with a width of 7 feet and length of 13
           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 Parkincr.

             Districts                    Off-Street Parking Recruirements

                R-15                  Two (2) parking spaces per dwelling unit.

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

                C-G                   When there is no public parking within
                                      3001 of the premises, one (1) parking
                                      space for each two hundred (200) square
                                      feet of gross floor area or fraction
                                      thereof.



           V-4    Additional Recruirements.      The following situations 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 assembly, 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 furnished for
           each doctor or dentist in such offices in excess of three doctors
           or dentists.

           V-4*3,   For fraternal lodges, hunting clubs, golf courses, and
           country clubs, at least twenty-five (25) parking spaces shall be
           provided.    Additional oarking may be required by the Zoning
           Administrator.

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

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                   Parksley Zoning Ordinance - Adopted April 10, 1995



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

           V-5 RecTuirements for HandicayDed Access.

                 Total Parking Spaces in Lot         Accessible Spaces
                         2 to 25                               1
                        26 to 50                               2
                        51 to 75                               3
                        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                          201 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."































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                  Parksley Zoning Ordinance - Adopted April 10, 1995



                            Article VI - Nonconforming Lots

           VI-1 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.

           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-4 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 for a 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, sideyard, rear yard, and other
           provisions of this ordinance pertaining thereto.






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                   Parksley Zoning ordinance - Adopted April 10, 1995



                             Article VII - Nonconforming Uses



            VII-1 Continuation.

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

            VII-1.3.   If any nonconforming use (structure or activity) is
            discontinued for a period exceeding two (2) years after the
            enactment of this ordinance, it shall be deemed abandoned 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.


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                   Parksley Zoning Ordinance - Adopted April 10, 1995



            VI I - 2. 2. Upon determining that same is proper, a nonconf orming use
            permit shall be issued by the Zoning Administrator.

            VII-3 Repairs and Maintenance. On any building devoted in whole or
            in part to any nonconforming use, work may be done in any period of
            twelve (12) consecutive months on ordinary repairs 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.

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

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

            VII-5 Restoration or Replacement.

            VI-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 from the date of damage or destruction.

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

            VII-5.3. 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.


            VI I - 6. 1. Prior to commencement of any repairs or maintenance under
            Section VII-3, expansion or enlargement under VII-4, 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

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                   Parksley Zoning Ordinance - Adopted April 10, 1995



            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.















































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                  Parksley Zoning Ordinance - Adopted April 10, 1995



                       Article VIII Administration and Enforcement



           VIII-1 Zoning Administrator. This ordinance shall be administered
           by the Zoning Administrator who shall be appointed by the Town
           Council and shall be assisted by such other persons as the Town
           Council may direct.      The Zoning Administrator shall have all
           necessary authority to administer and enforce the provisions of
           this ordinance.

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


           VIII-2 Zoning Permits.

           VII 1-2.1.    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 VIII-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 permit herein.

           VIII-2.2.   The Zoning Administrator shall act on any application
           received within forty-five        (45)  days after receiving the
           application, unless the property is located in the Chesapeake Bay
           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.

           VIII-3 Certificate of Compliance. Land may be used or occupied and
           buildings structurally altered, erected, 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
           nonconf orming use.    A certificate of compliance either for the
           whole or a 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

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                     Parksley Zoning Ordinance - Adopted April 10, 1995



             provisions of this ordinance.

             VIII-4 Recruired Information. Each application for a zoning permit
             and a certificate of compliance 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 03:
             land, and the location of such building or use with respect to the
             property lines of said parcel of land and to the right of way Or
             any street or highway adjoining said parcel of land.       Any other
             information which the administrator may deem necessary for
             consideration of the application may be required. If the proposed
             building or use is in conformity with the 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 fails
             to.perform. any act required hereunder or does any prohibited act,
             shall be guilty of a misdemeanor, and, upon conviction thereof,
             shall be punished by a f ine of not more than two hundred f if ty
             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 Permit                                        $ 10.00

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

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                   Parksley Zoning Ordinance - Adopted April 10, 1995




                              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 III. Such uses are allowed in
            the associated districts upon the issuance of a Special Use Permit
            by the Parksley 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 review shall be
            as follows:

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

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

            C.   The Town Council shall hold a public hearing in accordance
                 with Section 15.1-431 of the Code of Virginia, in order to
                 receive public comment and to decide upon the Special Use
                 Permit application. Such public hearing shall be scheduled to
                 coincide with the regularly scheduled Town Council meeting
                 that most closely follows the Council's receipt of.the Special
                 Use Permit application. If the requirement for proper notice
                 for a public hearing makes such regularly scheduled Town
                 Council meeting impractical, the public hearing shall be
                 scheduled for the Town Council meeting one meeting hence from
                 the meeting most closely following receipt of the application
                 by the Town Council.

            E.   If the Town Council requests a recommendation from the
                 Planning Commission regarding the issuance of the Special Use
                 Permit, a joint 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,

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                     Parksley Zoning Ordinance - Adopted April 10, 1995



             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.

             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-4 Notification to Applicant. 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

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                  Parksley Zoning  Ordinance   Adopted April 10, 1995



           special conditions.

           IX-5 Effect of Approval.    The issuance of a special use permit
           shall authorize the applicant to construct only such structure or
           conduct only such uses as are specifically made part of the special
           use permit. No deviations, expansion, or other changes whatsoever
           shall be made from the term of the special use permit without the
           express written consent of the Town Council.










































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                    Parksley Zoning ordinance - Adopted April 10, 1995



                              Article X Provisions for Appeal



            X-1 Board of Zonincr Appeals.

            X-1.1. A Board of Zoning Appeals, which shall consist of no more
            than seven (7) and no less than f ive (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 Code of
            Virginia, Section 15.1-494. Members of the Board may receive such
            compensation as may be authorized by the governing body. Members
            shall be removable for cause by the appointing authority upon
            written charges and after public hearing.          Appointments for
            vacancies occurring otherwise than by expiration of term shall in
            all cases be fox, the unexpired term.

            X-1.2. The term of office shall be for five (5) years, except that
            original appointments shall be made f or 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 bef ore 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
            f rom. 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:

            A.   When a pro* erty owner can show that his property was acquired
                           P
                 in good f aith 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

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                  Parksley Zoning Ordinance - Adopted April 10, 1995



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

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

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

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

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

           B.   No such variance shall be authorized if the board finds that
                the condition or situation of the property concerned or the
                intended use of the property is 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.

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


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                   Parksley Zoning Ordinance - Adopted April 10, 1995



            X-3 Anplications for Variances. Applications for variances may be
            made by any property owner, tenant, governmental official,
            department, board or bureau.    Such applications shall be made to
            the Zoning Administrator in accordance with rules and regulations
            adopted by the Board. The application and accompanying maps, plans
            or other information shall be transmitted promptly to the secretary
            of the Board who shall place the matter on the docket to be acted
            upon by the Board. No such variances shall be authorized except
            after notice and hearing as required by Section 15.1-431 of the
            Code of Virginia.    The Zoning Administrator 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 Zoning Appeals. An appeal to the board
            may be taken by any person aggrieved or by any officer, 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 (30) days, and that the decision shall be final
            and unappealable if not appealed within thirty (30) 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 grounds thereof.
            The Zoning Administrator shall forthwith transmit to the board all
            the papers constituting the record upon which the action appealed
            was taken. An appeal shall stay all proceedings in furtherance of
            the action appealed from unless the Zoning Administrator certifies
            to the board that by reason of facts stated in the certificate a
            stay would in his opinion cause imminent peril to life or property,
            in which case proceedings shall not be stayed otherwise, than by a
            restraining order granted by the board or by a court of record, on
            application and on notice to the Zoning Administrator and for good.
            cause shown. No such appeal shall be heard until after notice and.
            hearing as required by Section 15.1-431 of the Code of Virginia.

            X-4.1. Appeals shall be mailed to the Board of Zoning Appeals c/c,
            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 Recrulations.

            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.

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                  Parksley Zoning Ordinance - Adopted April 10, 1995



           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 f ailing
           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 majority of the board shall be
           necessary to reverse any order, requirement, decision or
           determination of any administrative official or to decide in favor
           of the applicant on any matter upon which the board is required to
           pass.

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

           X-7 Decision of the Board of Zoning Apneals.

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

           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-7.4.   If, upon the hearing, it shall appear to the court that

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                   Parksley zoning ordinance - Adopted April 10, 1995



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







































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                  Parksley Zoning Ordinance - Adopted April 10, 1995




                                 Article XI Amendments



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

          XI-1.1. The Planning Commission shall hold at least one (1) public
          hearing on such proposed amendment af ter 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 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 Reveal, Amendments, or Recodification of any Part of
          this Ordinance on prior Proceedings, Acts or Offenses. The repeal,
          amendment or recodification of any part of this ordinance shall not
          affect any act, or offense done or committed, or any penalty
          incurred, or any right established, accrued or accruing on or
          before the effective date of such repeal, amendment or
          recodification, nor enlarge any such right or privilege', except as
          specifically provided by such repeal, amendment or recodification.
          Neither shall the repeal, amendment or recodification of any part
          of this ordinance affect any proceeding, prosecution, suit or
          action which may be pending, said prior laws being continued in
          full force and effect for those purposes.












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