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










PROPOSED ~ZOW4NG ORDINANCE
      PREIMPtINARY DRAFT
 RICHIMCOND COUNTY,VIRGINIA












         JANUARY, 1990








          ALLEN FONOROFF
        LAN,'D USE CONSULTANT
    K. W. POORE ,AND ASSOCIATES, INC.
         R;iCHMOND, VEi(tG'1NIA













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                       TABLE OF CONTENTS

ARTICLE                                                 PAGE

  I   GENERAL PROVISIONS . . . . . . . . . . . . . . .     I-1

      Chapter 1 Title, Establishment of Controls,
                 and Interpretation of Regulations . .     I-1

      Section  11-01 Title .  . . . . . . . . . . . .I-
       Section  11-02  Establishment of Controls  . .      I-1
      Section  11-03  Establishment of Districts . .      I-
       Section  11-04  Incorporation of Maps  . . . . .    I-2
       Section  11-05  Provisions are Minimum Require-
                         ments . . . . . . . . . . . .     I-2
       Section  11-06  Application of Overlapping
                         Regulations . . . . . . . . .     I-2
       Section  11-07  Location of a Lot Required . . .    I-3
       Section  11-08  Street Frontage Required . . . .    I-3
       Section  11-09  Use of Certain Facilities for
                         Dwelling Not Permitted  . . .     I-3
       Section  11-10  Accessory Buildings; Prior
                         Construction and Use  . . . .     I-3
       Section  11-11  Measurement of Distances . . . .    I-4
       Section  11-12  Uses Not Permitted Are
                         Prohibited .  . . . . . . . .     I-4
       Section  11-13  Interpretation of District
                         Boundaries  . . . . . . . . .     I-4
       Section  11-14  Interim Zoning of Annexed
                         Areas . . . . . . . . . . . .     I-5
       Section  11-15  Separability . . . . . . . . . .    I-6
       Section  11-16  Effective Date . . . . . . . . .    I-6

       Chapter 2 Construction of Language and
                 Definitions . . . . . . . . . . . . .     I-7

       Section  12-01  Rules for Construction of
                         Language .  . . . . . . . . .     1-7
       Section  12-02  Definitions .  . . . . . . . . .    1-8

       Chapter 3 Additional Sign Regulations . . . . .     I-28

       Section  13-01  Building Permit Not Required . .    1-28
       Section  13-02  Prohibited Signs .. . . . . . .     I-28
       Section  13-03  Permit Specifications  . . . . .    I-29

       Chapter 4 Additional Bulk Regulations . . . . .     1-30

       Section  14-01  Virginia Condominium Act . . . .    1-30
       Section  14-02  Front Yards .  . . . . . . . . .    I-30
       Section  14-03  Accessory Buildings and Other
                         Structures and Other Uses -. .     30

                               i











Chapter 5 Development Plan Review . . . . . . .     1-33

Section  15-01  Purpose .      . . . . . . . . . . .  1-33
Section  15-02  Preliminary Development Plans       1-34
Section  15-03  Final Development Plans  . . . .    1-35
Section  15-04  Procedures for Review  . . . . .    1-36
Section  15-05  Temporary Development Plans         1-37
Section  15-06  Amendments to Approved
                  Development Plans . . . . . .     I-37
Section  15-07  Guaranteed Performance . . . . .    I-38
Section  15-08  Expiration and Extension of
                  Approval .  . . . . . . . . .     1-39
Section  15-09  Right to Continue Project
                  Development . . . . . . . . .     1-39
Section  15-10  Inspection and Supervision of
                  Improvements .  . . . . . . .     I-39

AGRICULTURAL DISTRICTS . . . . . . . . . . . . .    II-1

Chapter 1 AC Agricultural Conservation
           District .  . . . . . . .    . . . .     II-1

Section  21-01  Purpose .  . . . . . . . . . . .    II-1
Section  21-02  Permitted Uses . . . . . . . . .    II-1
Section  21-03  Bulk Regulations . . . . . . . .    II-3

Chapter 2 GA General Agricultural District  . .     II-6

Section  22-01  Purpose  . . . . . . . . . . . .    II-6
Section  22-02  Permitted Uses . . . . . . . . .    II-6
Section  22-03  Bulk Regulations . . . . . . . .    II-9

Chapter 3 RA Rural Agricultural District  .         I. .  -11

Section  23-01  Purpose  . . . . . . .  . . . .    II-11
Section  23-02  Permitted Uses . . . . . . . . .   II-11
Section  23-03  Bulk Regulations . . . . . . . .   II-16

RESIDENCE DISTRICTS .       . . . . . . . . . . . . .    III-1

Chapter 1 GRI General Residence I District  .      III-1

Section  31-01  Purpose .  . . . . . . . . . . .    III-1
Section  31-02  Permitted Uses . . . . . . . . .    III-1
Section  31-03  Bulk Regulations . ......          III-4

Chapter 2 GR II General Residence II District .    III-6

Section  32-01  Purpose .  . . . . . . . . . . .    III-6
Section  32-02  Permitted Uses . . . . . . . . .   III-6
Section  32-03  Bulk Regulations . . . . . . . .   III-9

                        ii











      Chapter 3  RR Residence-Recreation District  . .         III-12

      Section  33-01  Purpose .  . . . . . . . . . . .         III-12
      Section  33-02  Permitted Uses .  . . . . . . . .        III-12
      Section  33-03  Bulk Regulations . . . . . . . .         III-16

IV    RETAIL DISTRICTS   . . . . . . . . . . . . . . .           IV-1

      Chapter 1  LR Local Retail District .  . . . . .          IV-1

      Section  41-01  Purpose  . . . . . . . . . . . .          IV-1
      Section  41-02  Permitted Uses .  . . . . . . . .         IV-1
      Section  41-03  Bulk Regulations .  . . . . . . .         IV-4

      Chapter 2  GR General Retail District  . . . . .          IV-7

      Section  42-01  Purpose  . . . . . . . . . . . .          IV-7
      Section  42-02  Permitted Uses .  . . . . . . . .         IV-7
      Section  42-03  Bulk Regulations . . . . . . . .          IV-11

 V    INDUSTRIAL DISTRICTS . . . . . . . . . . . . . .            V-1

      Chapter 1  LI Light Industrial District  . . . .           V-1

      Section  51-01  Purpose .  . . . . . . . . . . .           V-1
      Section  51-02  Permitted Uses .  . . . . . . . .          V-2
      Section  51-03  Bulk Regulations .  . . . . . . .          V-8

      Chapter 2  Performance Standards .  . . . . . . .          V-11

      Section  52-01  Documentation .  . . . . . . . .           V-11
      Section  52-02  Air Pollution .  . . . . . . . .           V-11
      Section  52-03  Sound .  . . . . . . . . . . . .           V-11
      Section  52-04  Vibration .  . . . . . . . . . .           V-13
      Section  52-05  Glare, Humidity, Heat  . . . . .           V-14
      Section  52-06  Radioactivity .  . . . . . . . .           V-14
      Section  52-07  Solid Waste and Liquid
                           Pollution .  . . . . . . . . .        V-14

VI    NONCONFORMING USES . . . . . . . . . . . . . . .           VI-1

      Chapter 1  Purpose of Regulations  . . . . . . .          VI-1

      Chapter 2  General Provisions .  . . . . . . . .          VI-2

      Section  62-01  Continuation of Nonconforming
                           Use . . . . . . . . . . . . .         VI-2
       Section  62-02  Change of Nonconforming Use  . .          VI-2
       Section  62-03  Enlargement or Extension . . . .          VI-2
       Section  62-04  Repairs or Alterations .  . . . .         VI-2
       Section  62-05  Nonconforming Lots of Record . .          VI-3










      Section  62-06  Damage or Destruction .VI-4
      Section  62-07  Discontinuance . . . . . . . . .    VI-4

VII  PLANNED DEVELOPMENT REGULATIONS  . . . . . ...      VII-1

      Chapter 1 Purpose . . . . . . . . . . . . . . .    VII-1

      Section  71-01  Applicable Regulations . . . .     VII-1
      Section  71-02  Development Plan Review  . . ..    VII-1
      Section  71-03  Pre-Application Conference ..      VII-2

      Chapter 2 Use and Bulk Regulations .  . . . . .    VII-3

      Section  72-01  Use Regulations .  . . . . . . .    VII-3
      Section  72-02  Bulk Regulations . . . . . . . .    VII-3

VIII  OVERLAY DISTRICTS  . . . . . . .. .. . .. ..    VIII-1

      Chapter 1 Historic Districts .  . . . . . . . .   VIII-1

      Section  81-01  Purpose .  . . . . . . . . . . .   VIII-1
      Section  81-02  Criteria for Establishing
                         Historic Districts .  .         VIII-1
       Section  81-03  Inventory of Landmarks and
                         Contributing Properties
                         Established . .  . . . . . .   VIII-2
      Section  81-04  Establishing Historic
                         Districts . . . . . . . . . .   VIII-2
       Section  81-05  Permitted Uses . . . . . . . . .   VIII-2
       Section  81-06  Limitations on Uses .  . . . . .   VIII-3
       Section  81-07  Architectural Review Board
                         Established . . . . . . . . .   VIII-3
       Section  81-08 Membership . . . . . . . . . . .   VIII-3
       Section  81-09  Term of Office . . . . . . . . .   VIII-4
       Section  81-10  Organization and Rules . . . . .   VIII-4
       Section  81-11  Powers and Duties .  . . . . . .   VIII-4
       Section  81-12  Minor Actions Exempted from
                         Review .  . . . . . . . . . .   VIII-6
       Section  81-13  Actions Subject to Review  . . .   VIII-7
       Section  81-14 Maintenance and Repair
                         Required .  . . . . . . . . .   VIII-8
       Section  81-15  Hazardous Buildings or
                         Structures  . .                 VIII-9
       Section  81-16  File of Actions to be
                         Maintained  .    .              VIII-9
       Section  81-17  Standards for Review . . . . . .   VIII-9
       Section  81-18  General Guidelines for all
                         Decisions . . . . . . . . . .   VIII-10
       Section  81-19  Guidelines for New
                         Construction .  . . . . . . .   VIII-10
       Section  81-20  Guidelines for Rehabilitation,
                         Repair or Alteration  . . .     VIII-11

                               iv










     Section  81-21  Guidelines for Relocation  . . .   VIII-12
     Section  81-22  Guidelines for Demolition  . . .   VIII-12
     Section  81-23  Guidelines for Signs ..... VIII-13
     Section  81-24  Guidelines for Parking and
                      Loading Spaces ...... VIII-13
     Section  81-25  Guidelines for Landscaping and
                      Accessory Uses ...... VIII-13
     Section 81-26 Right of Appeal ....... VIII-13
     Section 81-27 Offer to Sell ........ VIII-14
     Section  81-28  Administrative Process .... VIII-15
     Section  81-29  Required Documentation .... VIII-15
     Section 81-30 Review by ARB .........                VIII-16
     Section  81-31  Expiration of Permits .... VIII-16
     Section  81-32  Inspection by Zoning
                      Administrator ....... VIII-16
     Section 81-33 Delay of Approval ...... VIII-16
     Section  81-34  Conditions for Approval  . . . .   VIII-17
     Section  81-35  Other Required Approvals . . . .   VIII-17

     Chapter 2  CB Chesapeake Bay Protective
               District ............. VIII-18

     Section 82-01 Purpose ........... VIII-18
     Section 82-02 County Designation ...... VIII-18
     Section 82-03 Applicability ........ VIII-18

IX  OFF-STREET PARKING AND LOADING ........ IX-1

     Chapter 1 Off-Street Parking ........ IX-1

     Section  91-01  Application ..........                 IX-1
     Section  91-02  Required Spaces - Residential
                      Uses ............    IX-1
     Section  91-03  Required Spaces - Public or
                      Community Uses  .......             IX-2
     Section  91-04  Required Spaces - Retail Uses  .       IX-3
     Section  91-05  Required Spaces - Industrial . .       IX-5
     Section  91-06  Required Spaces - Handicapped  .       IX-6
     Section  91-07  Joint Use and Off-Site
                      Facilities .  . . . . . . . .       IX-6
     Section  91-08  Cooperative Parking Arrange-
                      ments ............    IX-7
     Section  91-09  Size of Space .........                IX-7
     Section  91-10  Location of Parking ......             IX-7
     Section  91-11  Performance Standards  .....           IX-8
     Section  91-12  Screening ...........                  IX-9

     Chapter 2 Off-Street Loading ........ IX-11

     Section 92-01 Application ......... IX-11
     Section  92-02  Required Spaces .  . . . . . . .       IX-11
     Section  92-03  Location of Loading Space  . . .       IX-12

                            v










    Section  92-04 Mixed Uses in One Building . . .    IX-12
    Section  92-05  Size of Space  . . . . . . . . .   IX-12
    Section  92-06  Performance Standards  . . . . .   IX-12
    Section  92-07  Screening .  . . . . . . . . . .   IX-13

X   ADMINISTRATION  . . . . . . . . . . . . . . . .      X-1

    Chapter 1 Enforcement and Administration  . . .     X-1

    Section 101-01  Enforcement  . . . . . . . . . .    X-1
    Section 101-02  Duties of Zoning Administrator .    X-1
    Section 101-03  Interpretations of Zoning
                       Ordinance . . . . . . . . . .     X-2
     Section 101-04  Filing of Applications and
                       Appeals . . . . . . . . . . .     X-2

    Chapter 2 Building Permits and Certificate of
               Occupancy . . . . . . . . . . . . . .     X-3

     Section 102-01  Building Permits . . . . . . . .    X-3
     Section 102-02  Manufactured Home - Placement
                       Permit .  . . . . . . . . . .     X-3
     Section 102-03  Existing Permits . . . . . . . .    X-3
     Section 102-04  Plans to Accompany Applications
                       for Permits . . . . . . . . .     X-3
     Section 102-05  Certificates of Occupancy  . . .    X-4

     Chapter 3 Board of Zoning Appeals . . . . . . .     X-6

     Section 103-01  Membership . . . . . . . . . . .    X-6
     Section 103-02  Powers and Duties .  . . . . . .    X-6
     Section 103-03  Application for a Variance . . .    X-7
     Section 103-04  Standards for Variances  . . ..     X-7
     Section 103-05  Conditions for Variances . . . .    X-8
     Section 103-06  Lapse of Variance .  . . . . . .    X-9
     Section 103-07  Variances Not Authorized . . ..     X-9
     Section 103-08 Appeals . ...         X-9
     Section 103-09  Hearing and Decision . . . . . .    X-10

     Chapter 4 County Planning Commission  . . . . .     X-ll

     Section 104-01 Membership . . . . . . . . . . .     X-ll
     Section 104-02  Powers and Duties .  . . . . . .    X-ll

     Chapter 5 Amendments to the Zoning Ordinance  .     X-13

     Section 105-01 Who May Amend .  . . . . . . . .     X-13
     Section 105-02  Application Requirements . . ..     X-13
     Section 105-03  Referral to Commission and
                       Public Hearing .  . . . . . .    X-14
     Section 105-04  Commission Report .  . . . . . .    X-15
     Section 105-05 Withdrawal of Application  . . .     X-16

                            vi










Section 105-06 Action by Board of Super-
                    visors . . . . . . . . . . .    X-16
Section 105-07  Limitation on Rehearing  . . . .             X-16

Chapter 6  Violations and Penalties .  . . . . .              X-17

Section 106-01  Violations .  . . . . . . . . . .            X-17
Section 106-02  Penalties .  . . . . . . . . . .             X-17

Chapter 7  Fees .  . . . . . . . . . . . . . . .             X-18

Section 107-01  Applicability .  . . . . . . . .             X-18











































                           vii









                         ARTICLE I GENERAL PROVISIONS


I     ~Chapter I  Title, Establishment of Controls, and Interpretation of
         11-01   Regulations
         11-01     Title

                  This Ordinance shall be known and may be cited as the
                  Zoning Ordinance of Richmond County, Virginia. It is
                  hereby ordained by the Board of Supervisors of Richmond
                  County that the Zoning Ordinance be adopted pursuant to
                  the provisions of Title 15.6, Chapter II, Section 8 of
                  the Code of Virginia, 1950 as amended.

       11-02      Establishment of Controls

                  a.    In all districts, after the effective date of this
                        Ordinance, any new building or other structure or
    I                  ~~~~~~any tract of land shall be used, constructed, or
                        developed only in accordance with the applicable
                        regulations of this ordinance.

                  b.    In all districts, after the effective date of this
                        Ordinance, and except as otherwise provided in
    *                   ~~~~~~Article VI (Non-Conforming Uses)

                        (1)   The use of any existing building or other
                              structure may be continued, changed, or
                               extended,
                        (2)   The use of any existing tract of land may
      3                        ~~~~~~~be continued, changed, or enlarged, or

                         (3)   Any existing building or other structure may
                               be enlarged, altered, converted, recon-
     U                       ~~~~~~~structed, or relocated only in accordance
                               with the applicable regulations of this
      *                        ~~~~~~~~ordinance.

       11-03      Establishment of Districts

                  In order to carry out the purposes and provisions of
                  this ordinance, the following districts are hereby
                  established:

  I               ~~~~Agricultural Districts

                        AC   Agricultural Conservation District
    U                  ~~~~~~GA   General Agricultural District
                        RA   Rural Agricultural District



        I~~~~~~~~~~~~-







  ~~~~~eidec itit

    1 ~ ~ ~ ~~~G  eea Residence Districts
                       GR 2. General Residence District(Ubn
                       RR   Residence Recreation District

  I              ~~~~Retail Districts

                       LR   Local Retail District
    U                  ~~~~~~GR   General Retail District
                  Industrial Districts
    I                   ~~~~~~Li   Light Industrial Districts

  3              ~~~~Overlay Districts

                        H     Historic Districts
                        CB    Chesapeake Bay Protective District
      11-04      Incorporation of Maps

                  The location and boundaries of the districts established
  I             ~~~~by this Ordinance are shown upon the zoning maps, which
                  are hereby incorporated into the provisions of this
                  Ordinance.   The said zoning maps in their entirety,
  I             ~~~~including all amendments thereto, shall be as much a
                  part of this Ordinance as if fully set forth and
                  described herein.

       11-05      Provisions Are Minimum Requirements

                  In interpreting and applying the provisions of this
                  Ordinance, such provisions shall be considered as the
                  minimum requirements:

                  a.    To promote and protect  public health,  safety,
                        comfort, convenience, prosperity, and other
                        aspects of the general welfare, as set forth in
                        the purposes and intent of this Ordinance and in
                        the statements of intent for the respective
                        districts and other regulations, and
  I              ~~~~b.    To provide a gradual  remedy for existing con-
                        ditions which are detrimental thereto.

3      ~11-06      Application of Overlapping Regulations

                  Whenever any provision of this Ordinance and any other
                  provisions of law, whether set forth in this Ordinance
                  or in any other law or ordinance impose overlapping or
                  contradictory regulations over the use of land, or over

       I                               1~~~~~~~~~~~-2









                 the use or the height, area, or yards of buildings or
                 other structures, or contain any restrictions covering
  I             ~~~~any of the same subject matter, that provision which is
                 more restrictive or imposes higher standards or
                 requirements shall govern.

1     ~11-07      Location of a Lot Required

                 Every building or structure hereafter erected, recon-
                 structed, converted, relocated, or structurally altered
                 shall be located on a lot of record and in no case shall
                 there be more than one main building on one lot except:

                 a.    Institutional buildings.

  *              ~~~~b.    Public buildings.

                  C.    Cluster developments, planned unit developments.

                  d.    Convalescent or nursing homes and homes for the
                        aged.

                  e.    Retail and industrial buildings.

                  The provisions of this exception shall not be construed
                  to permit the encroachment of any building beyond the
                  buildable area of the lot.
       11-08      Street Frontage Required

                  Every main building shall abut upon a street with the
                  minimum street frontage of 50 feet.  No lot abutting
                  the terminus of a public street shall be deemed to
                  comply with street frontage requirements unless such lot
                  abuts on an approved permanent cul-de-sac.

I     ~11-09       Use of Certain Facilities for Dwelling Not Permitted

                  Travel trailers, campers, motor homes, other recreation
  I             ~~~~vehicles, tents, camp cabins, mobile homes, manufactured
                  homes and the like shall not be used for permanent or
                  full time dwellings in any district, whether or not
                  connected to utilities, wells or septic systems, except
                  as permitted by the provisions of this ordinance.
3     ~11-10       Accessory Buildings; Prior Construction and Use

                  Except for buildings or structures accessory to a farm,
                  no accessory building or structure shall be constructed
  I             ~~~~upon a lot  for more  than six months  prior  to the
                  beginning of construction of the main building and no
                  accessory building or structure shall be used for more








  I              ~~~~than six months unless the main building on the lot is
                 also being used or unless the main building is under
                 construction. No accessory building or structure on a
  I             ~~~~farm or otherwise,  shall be used as a dwelling unit
                 except in accordance with the specific provisions of
  *              ~~~~this ordinance.

      11-11      Measurement of Distances
                 Except as otherwise specifically provided, all pre-
                 scribed distances shall be measured in a straight line,
                 not necessarily coinciding with a street line.

I     ~11-12      Uses Not Permitted Are Prohibited

                  For the purposes of this ordinance, permitted uses are
  U             ~~~~listed for the various districts.  Unless the contrary
                  is clear from the context of the lists or other
                  regulations of this Ordinance, uses not specifically
                  listed are prohibited.

       11-13      interpretation of District Boundaries

  I              ~~~~a.    A district name, letter or letter-number combi-
                        nation shown on the Zoning Map indicates that the
                        regulations pertaining to the district designated
    I                  ~~~~~~by that name, letter or letter-number combination
                        extend throughout the whole area in the County
                        bounded by the district boundary lines within
                        which such name, letter or letter-number combi-
                        nation is shown or indicated, except as otherwise
                        provided.
   I              ~~~~b.    Where  uncertainty  exists  with  respect  to  the
                        boundaries of the various districts as shown on
                        the Zoning Map accompanying and made a part of
    U                  ~~~~~~these ordinance, the following rules apply:
                        (1)   In cases where a boundary line is given a
                              position within a road, street or alley,
                              navigable or non-navigable stream, it shall
                              be deemed to be in the center of the
                              right-of-way of the road, street, alley, or
      I                      ~~~~~~~stream, and if the actual location of such
                              road, street, alley, or stream varies
                              slightly from the location as shown on the
      I                      ~~~~~~~Zoning Map, then the actual 'Location shall
                              control.

                        (2)   in cases where a boundary line is shown as
      I                      ~~~~~~~being located a specific distance from a

        I                               1~~~~~~~~~~~-4








                          road or street line or other physical
                          feature, this distance shall control.
 U                   ~~~~~~(3)   Where the district boundaries are shown on
                          the Zoning Map to approximately coincide
                          with lot lines or county limit line, those
                           lines shall be construed to be the district
                          boundary line unless otherwise indicated.

                     (4)   In cases where district boundaries as shown
                          on the Zoning Map do not coincide or
                          approximately coincide with road or street
                           lines, alley lines or lot lines, and no
                          dimensions are shown, the location of such
                          district boundary lines shall be determined
                           by the use of the scale appearing on the
                          map.
                     (5)   If, because  of error  or omission  in the
                           Zoning Map, any property within the
                           jurisdiction of this ordinance is not shown
                           as being in a zoning district, such property
                           shall   be   classified   RC   Agricultural
                           Conservation District until changed by
                           amendment.

 1                   ~~~~~~(6)   In cases where a boundary line is shown as
                           adjoining a railroad, it shall (unless
                           otherwise fixed) be considered to coincide
   I                       ~~~~~~with  the  boundary  line  of  the  railroad
                           right-of-way.
                     (7)   In cases of parks, cemeteries, or navigable
  I                       ~~~~~~waters,  the  boundary  line  shall  (unless
                           otherwise fixed) be considered to coincide
                           with the boundary line of the park or the
   U                       ~~~~~~~cemetery or the pierhead line, except that
                           in cases where no pierhead line has been
                           established the shore line shall control.

    11-14       interim Zoning of Annexed Areas
               All land which shall come into the territorial juris-
I             ~~~~diction of the County shall  be classified AC, Agri-
               cultural Conservation District for such reasonable time
               until changed by amendment, to provide for reasonable
I             ~~~~orderly interim regulation of use and development of
               land within the annexation area.


     I~~~~~~~~~~~~-








      11-15       Separability
                 If any provision of this Ordinance, or the application
  I               *~~~~thereof  to any lot,  building  or other structure  are
                 declared by a court of competent jurisdiction to be
                 invalid or ineffective in whole or in part, or to be
  I             ~~~~inapplicable to any person or situation, the effect of
                 such decision shall be limited to the provision which
                 is expressly stated in the decision to be invalid or
  I             ~~~~ineffective, or to the lot, building or other structure
                 immediately  involved  in the controversy.   AllI other
                 provisions of this Ordinance shall continue to be
                 separately and fully effective, and the application of
                 any such provision to other persons or situations shall
                 not be affected.
1     ~11-16       Effective Date


















        I~~~~~~~~~~~-









   Chapter 2 Construction of Language and Definitions

   12-01      Rules for Construction of Language
               The following rules of construction apply:

               a.    The particular shall control the general.

               b.    In case of any difference of meaning or impli-
                     cation between the text of this resolution and any
                     caption or illustration, the text shall control.

3              ~~~~C.    The word  "shall"  is  always  mandatory  and not
                     discretionary. The word "may" is permissive.

               d.    Words used in the present tense shall include the
 I                  ~~~~~future;  and words used in the singular number
                     shall include the plural, and the plural the
                     singular, unless the context clearly indicates the
                     contrary.
               e.    A "building"  or "structure"  includes  any part
                     thereof.
               f.    The phrase "~used for" includes "arranged for",
                     "designed for", "intended for", "maintained for",
                     or "occupied for''.
                  g. The  word  "person"  includes  an  individual,  a
                      corporation,   a  partnership,   an  incorporated
                     association, or any other similar entity.

*              ~~~~h.    Unless the context clearly indicates the contrary,
                     where a regulation involves two or more items,
                     conditions, provisions, or events connected by the
                     conjunction "and", "or", or "either ... or", the
                     conjunction shall be interpreted as follows:
                      (1)   "And"  indicates  that  all  the  connected
                            items, conditions, provisions, or events
                            shall apply.

                      (2)   "Or" indicates  that the connected items,
   I                      ~~~~~~~conditions, provisions, or events may apply
                            singly or in any combination.







     I                               '~~~~~~~~~~~-7









   12-02      Definitions

*              ~~~~Words in the text of this ordinance shallI be defined and
               interpreted in accordance with the provisions of this
               section.

I              ~~~~Accessary use, or accessory

               An "accessory us":

               a.    Is  a  use  conducted  on  the  same  lot  as  the
                     principal use to which it is related (whether
 I                  ~~~~~~located within the same or an accessory building
                     or other structure, or as an accessory use of
                     land), except that, where specifically provided
                     in the applicable district regulations, accessory
                     off-street parking or loading need not be located
                     on the same lot; and

I               ~~~~b.   Is a use which is clearly  incidental  to,  and
                     customarily found in connection with, such
                     principal use; and

               C.    Is either in the same ownership as such principal
                     use, or is operated and maintained on the same
                     zoning lot substantially for the benefit or
                     convenience of the owners, occupants, employees,
                     customers, or visitors of the principal use.

1              ~~~~When "accessory" is used in the text, it shall have the
               same meaning as accessory use.

*              ~~~~An accessory use includes:

               a.    Living or sleeping accommodations for servants.

I              ~~~~b.    Living or sleeping accommodations for caretakers.

               C.    Living or sleeping accommodations for employees
 I                  ~~~~~~in connection with retail or industrial uses.
               d.    Keeping of domestic animals, but not for sale or
                     hire.   A commercial stable or kennel is not an
                     accessory use.

               e.    Swimming pools not located within a residential
 I                  ~~~~~~building provided that:

                      (1)   The use of such pools shall be restricted
   I                       ~~~~~~~~to occupants of the principal use and guests
                            for whom no admission or membership fees
                            are charged;

                                    I-8









                     (2)   If accessory to a multiple dwelling,  the
                           edge of the pool shall be located not less
                           than 100 feet from any lot line;
                     (3)   If accessory to a single family dwelling,
  U                       ~~~~~~~the edge of the pool shall be located not
                           less than 10 feet from any lot line, and in
                           the event that such pool is located less
   I                       ~~~~~~~than 50 feet from any rear lot line or side
                           lot line, it shall be screened by a
                           continuous fence, supplemented with a strip
                           of densely planted trees or shrubs at least
                           four feet high at the time of planting,
                           along such rear lot line and that portion
                           of any side lot line adjacent to such pool;

                     (4)   Illumination of such pools shall be limited
                           to underwater lighting.

               Swimming pool clubs are not accessory uses.

               f.    Domestic or agricultural storage in a barn, shed,
 I                  ~~~~~~tool room, or similar building or other structure.

*               g~~~~. Home occupations.

               h.    In connection with retail or industrial uses, the
                     storage of goods normally carried in stock, used
 I                  ~~~~~~in, or produced by such uses, unless the storage
                     is expressly prohibited under the applicable
                     district  regulations.   The floor area used for
                     such accessory storage shall be included in the
                     maximum floor area permitted for specified uses
                     set forth in the district regulations.

I              ~~~~i.    Incidental  repairs,  unless expressly prohibited
                     under the applicable district regulations. The
                     floor area used for such accessory repairs shall
 I                  ~~~~~be included in the maximum floor area permitted
                     for specified uses set forth in the district
                     regulations.

 I              j.    ~~~~The removal for sale of sod, loam,  clay, sand,
                     gravel, or stone in connection with the con-
                     struction of a building or other structure on the
 I                  ~~~~~~same lot, or in connection with the regrading of
                     a lot, but in the latter case not below the legal
                     street grade.

               k.    Accessory  off-street  parking  spaces  open  or
                     enclos5ed.

     I                                1~~~~~~~~~~~-9











               1.    Accessory off-street loading spaces.

              ..M.    Accessory signs.

*              ~~~~n.    Accessory radio or TV structure.

               Alley

               An alley is a right of way affording secondary means of
               access to abutting property.

               Alterations, incidental, or to alter incidentally

               a.    Changes  or replacements  in the non-structural
                     parts of a building or other structure, without
                      limitation to the following examples:
                      (1)   Alteration of interior partitions to improve
                            livability in a non-conforming residential
                            building, provided that no additional
                            dwelling units are created thereby,

 I                   ~~~~~(2)   A minor  addition  on  the  exterior  of  a
                            residential building, such as an open porch,

 I                   ~~~ ~~(3    Alteration  of  interior  non-load-bearing
                            partitions in all other types of buildings
                            or other structures,

                      (4)   Replacement of, or minor changes in, the
                            capacity of utility pipes, ducts, or
   *                        ~~~~~~~conduits; or

                b.    Changes or replacements in the structural parts
                      of a building or other structure, limited to the
                      following examples or others of similar character


                      (1)   Making windows or doors in exterior walls,

                      (2)   Replacement of building facades,

 I                   ~~~~~~(3)   Strengthening the load-bearing capacity, In
                            not more than 10 percent of the total floor
                            area, to permit the accommodation of a
                            specialized unit of machinery or equipment.
                To  "alter  incidentally"  is  to make  an  incidental
                alteration.



     I                              ~~~~~~~~~~1-3.0









               Automotive service station

               An automotive service station is a building or other
               structure or a lot of land used exclusively for the
               storage and sale of gasoline or other motor fuels and
               for any uses accessory thereto.

               The sale of lubricants, accessories, or supplies, the
               lubrication of motor vehicles, the minor adjustment or
I             ~~~~repair of motor vehicles with hand tools only, or the
               occasional washing of motor vehicles are permitted
*              ~~~~accessory uses.

               A public parking lot or public parking garage is not a
               permitted accessory use.

I              ~~~~Basement

               A "basement" is a story (or portion of a story) partly
               below ground level, with at least one-half of its height
               (measured from floor to ceiling) above ground level.
               On through lots the ground level nearest to a story (or
                portion of a story) shall be used to determine whether
               such story is a basement.

               Block

               A "block" is a tract of land bounded by:

I              ~~~ ~~a.    Streets,

               b.    Public parks,

               C.    Railroad rights-of-way, when located at or above
                     ground level but not including sidings or spurs
 *                   ~~~~~~in the same ownership as the lot.

               d.    Airport boundaries,

               e.    Pierhead lines (or shore lines, where not pierhead
                      lines have been established), or
U               ~~~~f.    Boundary lines of the County.

               Building

I             ~~~~A "building" is any structure which:

               a.    Is permanently affixed to the land, and

               b.    Has one or more floors and a roof, and









              C.    is bounded by either open area or lot lines.

              A building shall not include such structures as
              billboards, fences, tv or radio towers, or structures
               with interior surfaces not normally accessible for human
               use, such as gas holders, tanks, smoke stacks, grain
               elevators, coal bunkers, oil cracking towers, or similar
               structures.

I              ~~~~A building may, for example,  consist of a one-family
               detached residence, a two-family residence, either a i-,w
               house or a series of row houses (depending on location
I             ~~~of  lot  lines),  a  row  of  garden  apartments  with
               individual entrances, or an apartment house; a single
               store or a row of stores (depending on location of lot
*              ~~~~lines); or a single factory.

               Building, mixed

I              ~~~~A mixed building is a building in a retail district used
               partly for residential use and partly for community
               facility or retail use.

               Building or other structure

               A "building or other structure" includes any building
I             ~~~~or any other structure of any kind.

*              ~~~~Bulk

               Bulk is the term used to describe the size of buildings
               or other structures, and their relationships to each
I             ~~~~other and to open areas and lot lines, and therefore
               includes:

               a.    The size (including height  and floor area)  of
 I                  ~~~~~~buildings or other structures, and

               b.    The area of the  lot upon which a residential
                     building is located, and the number of dwelling
                     units or rooms within such building in relation
                     to the area of the lot, and

               C.    The shape of buildings or other structures, and

               d.    The location of exterior walls of buildings or
                     other structures in relation to lot lines, to
                     other walls of the same building, or to other
 3                   ~~~~~~buildings or other structures, and

               e.    All  open areas  relating  to buildings  or other
                     structures and their relationships thereto.










*              ~~~~Cluster Development

              Cluster development is land developed as a single
              activity according to an approved plan and having common
              open space.

              Completely enclosed

I              ~~~~A completely enclosed building is a building separated
              on all sides from the adjacent open area, or from other
              buildings other structures, by a permanent roof and by
I             ~~~~exterior walls or party walls, pierced only by windows
               or entrances or exit doors normally provided for the
               accommodation of persons, goods, or vehicles. However,
               a public parking garage, or a building containing
               accessory off-street parking spaces which has less than
               50 percent of its outer wall space open, shall be
*              ~~~~considered a completely enclosed building.

               Detached

3              ~~~~A detached building is a building surrounded by yards
               or other open area on the same lot.

3              ~~~~Development, or to develop

               A development includes the construction of a new
               building or other structure on a lot, the relocation of
               an existing building on another lot, or the use of a lot
               for a new use.

               To "develop" is to create a development.

               Dwelling unit

I              ~~~~A dwelling unit consists of one or more rooms in a
               residential building or residential portion of a
               building, which are arranged, designed, used, or
I             ~~~~intended for use by one or more persons living together
               and maintaining a common household, and which include
               lawful cooking space and lawful sanitary facilities
               reserved for the occupants thereof.   A dwelling unit
               shall not include boats, trailers, mobile homes,
               manufactured homes, recreation vehicles, hotels, motels
*              ~~~~or similar uses.

               Enlargement or to enlarge

3              ~~~~An enlargement is an addition to the floor area of an
               existing building, an increase in the size of any other

     ~~~~~~~~~~~I                    -13









               structure, or an increase in that portion of a lot
3              ~~~~occupied by an existing use.

              ..To "enlarge" is to make an enlargement.

3              ~~~~Family

               A family is any number of persons living together and
               maintaining a common household with single kitchen
U             ~~~~facilities.  A common household shall be deemed to exist
               if all members of the family have access to all parts
3              ~~~~of the dwelling unit.

               Floor area

               Floor area is the sum of the gross areas of the several
I             ~~~~floors of a building or buildings, measured from the
               exterior faces of exterior walls or from the center
               lines of walls separating two buildings. In particular,
               floor area includes:
*              ~~~~a.    Basement space,

               b.    Elevator shafts or stairwells at each floor,

               C.    Attic space,  (whether or not a floor has been
                      laid) providing structural headroom of eight feet


I              ~~~~d.    Floor space in interior balconies or mezzanines,

               e.    Any other floor space used for dwelling purposes,
                      no matter where located within a building,
               f.    Floor space in accessory buildings,  except  f-r
 *                   ~~~~~~floor space used for accessory off-street parking,

               g.    Floor  space  for  accessory  off-street  loading
                      spaces in excess of 200 percent of the amount
                      orequired by the applicable district regulations,

*              ~~~~h.    Any other floor space not specifically excluded.

               However, the floor area of a building shall not include:

I              ~~~~a.    Elevator  or  stair  bulkheads,  accessory  water
                      tanks, or cooling towers,

*              ~~~~b.    Uncovered steps.


     U                              ~~~~~~~~~~1-14









               Grade

               The grade, grade level, or grade elevation is the
               average of the finished ground adjacent to all the
               corners or other main points in the perimeter wall of
               the building.

               Height, Building

I              ~~~~The vertical distance to the highest point of the roof
               for flat roofs; to the deck line of mansard roofs; and
               to the average height between eaves and the ridge for
I             ~~~~gable,  hip and gambrel  roofs measured from the curb
               level if the building is within 35 feet of the front lot
               line, or from the grade level in all other cases.

I              ~~~~Home occupation

3               A~~~~ home occupation is an accessory use which:

               a.    Is  clearly  incidental  to  or secondary  to  the
                      residential use of a dwelling unit or rooming
                     unit, and
               b.    Is carried on within a dwelling unit or accessory
                     building by one or more occupants of such dwelling
 I                  ~~~~~~unit except that, in connection with the practice
                      of a profession, one person not residing in such
 3                   ~~~~~~dwelling unit or rooming unit may be employed, and

               C.    Occupies not more than 25 percent of the total
                      floor area of such dwelling unit and in no event
 3                   ~~~~~~more than 500 square feet of floor area.

               In connection with the operation of a home occupation
3              ~~~~it shall not be permitted:

               a.    To sell articles produced elsewhere than on the
 *                   ~~~~~~premises,

               b.    To have exterior displays, or a display of goods
                      visible from the outside,

I              ~~~~C.    To  store  materials  or  products  outside  of  a
                      principal   or   accessory   building   or   other
 3                   ~~~~~~structure,

               d.    To display a nameplate or other sign except as
 *                   ~~~~~~permitted by the zoning district regulations,

                e.    To make external structural alterations which are
                      not customary in residential buildings, and


     I~~~~~~~~~~~I1










               f.    To produce offensive noise, vibration, smoke, dust
 I                  ~~~~~~or other particulate matter, odorous matter, heat,
                      humidity, glare, or other objectionable effects.

*              ~~~~Home occupations include:

               a.    Fine arts studios

I              ~~~~b.    Professional offices

               C.    Teaching of not more  than four pupils  simul-
 I                  ~~~~~~taneously or, in the case of musical instruction,
                      of not more than a single pupil at a time.

                However, home occupations shall not include:

                a.    Advertising or public relations agencies,

I              ~~~~b.    Barber shops,

*              ~~~~C.    Beauty parlors,

                d.    Commercial stables or kennels,

3              ~~~~e.    Depilatory, electrolysis, or similar offices,

                f.    Interior decorators' offices or workshops,

I               g.~~~9    Real estate or insurance offices, or

                h.    Stockbrokers' offices.

                Hotel or motel

3              ~~~~A hotel or motel is a building in which:

                a.    Living  or  sleeping  accommodations  are  used
                      primarily for transient occupancy, and may be
 I                  ~~~~~~rented on a daily basis, and
                b.    One or more common entrances serve all such living
                      or sleeping units, and

                C.    Twenty-four hour desk service is provided.

I              ~~~~Permitted accessory uses include restaurants, cocktail
                lounges, public banquet halls, ballrooms, or meeting
3               ~~~~~rooms.



                                     1-16








              Lot

              A lot is either:

              a.    A lot of record existing on the effective date of
                    this ordinance or any applicable subsequent
                    amendment thereto, or
              b.    A tract of land, either unsubdivided or consisting
 I                  ~~~~~~of two or more contiguous lots of record, located
                    within a single block, which, on the effective
                    date of this or any applicable subsequent
 I                  ~~~~~~amendment thereto, was in single ownership, or
              C.    A tract of land located within a single block,
                    which at the time of filing for a building permit
                     (or, if no building permit is required, at the
                     time of filing for a certificate of occupancy),
                     is designated by its owner or developer as a tract
 I                  ~~~~~all of which is to be used, developed, or built
                     upon as a unit under single ownership.

3              ~~~~A lot therefore may or may not coincide with a lot as
               shown on any map of record, or on any recorded sub-
               division plat or deed.

I              ~~~~For the purposes of this definition, ownership of a lot
               shall be deemed to include a lease of not less than 50
               years duration, with an option to renew such lease so
I             ~~~~as to provide a total lease of not less than 50 years
               duration, with an option to renew such lease so as to
               provide a total lease of not less than 75 years
               duration.

               A lot may be subdivided into two or more lots, provided
               that all resulting lots and all buildings thereon shall
I             ~~~~comply with all of the applicable provisions of this
               ordinance.   if such  lot,  however,  is occupied by a
               non-complying building, such lot may be subdivided
I             ~~~provided  such  subdivision  does  not  create  a  new
               non-compliance or increase the degree of non-compliance
               of such building.

               Lot, corner
               A corner lot is either a lot bounded entirely by
               streets, or a lot which adjoins the point of inter-
               section of two or more streets and in which the interior
               angle formed by the extensions of the street lines in
               the directions which they take at their intersections
               with lot lines other than street lines, forms an angle
               of 135 degrees or less. In the event that any street

                                   T-17









               line is a curve at its point of intersection with a lot
               line other than a street line, the tangent to the curve
I             ~~~~at that point shall be considered the direction of the
              .street line. Any portion of a corner lot whose nearest
               frontage is more than 100 feet from the point of
               intersection of the two street lines or of the two
               tangents shall be subject to the regulations for a
               through lot or for an interior lot, whichever is
3              ~~~~applicable.

                                               15or less






    ~~~~~~~~~~~~~~~~ILLSRTO OFCjkju O


I~~~~~o et









               Lot liept

               Arn  "lot line"i andoundaryltln  of a lot.

               Lot, interiont

               An fitriornlt"ian  lot lneithe  a strneer litne.

               Lot linera




               A rear lot line is any lot line of a lot, except a front
I              ~~~~lot line, which is parallel  or within 45 degrees of
               being parallel to, and does not intersect, any street
               line bounding such lot.











               Lot line, side

               A side lot line is any lot line which is not a front lot
               line or a rear lot line.
I              ~~~~Lot, through

               A "through lot" is any lot, not a corner lot, which
               adjoins two street lines opposite to each other and
               parallel or within 45 degrees of being parallel to each
*              ~~~~~other.



       I                             .4'     ~~~~~~~~~~~~~~~~~450 Or hess










                                 STREET
                               ILLU!~TKATION ojF Ttrioucii LOT


3              ~~~~Lot width

                Lot width is the mean horizontal distance between the
3              ~~~~side lot lines of a lot.

                Lot of record

I              ~~~~A lot of record is any lot legally recorded in the
                Clerk's Office of the Richmond County circuit Court.

                Manufactured Home

                A manufactured home is a building subject to federal
                regulation, which is transportable in one or more
I             ~~~~sections; is eight body feet or more in width and forty
                body feet or more in length in the traveling made, or
                is 320 or more square feet when erected on site; is
I             ~~~~built on a permanent chassis; is designed to be used as
                a single-family dwelling, with or without a permanent
                foundation, when connected to the required utilities;









               and includes the plumbing, heating, air conditioning,
               and electrical systems contained in the structure.

               Manufactured Home Park

               AL manufactured home park is a lot on which are located
I             ~~~~or which is arranged or equipped for the accommodation
               of two or more manufactured homes occupied for living
*              ~~~~purposes.

               Manufactured Home Subdivision

*              ~~~~A manufactured home subdivision is an area designed to
               accommodate one or more manufactured homes or modular
               homes on individual lots which may be offered for sale
               under the terms of this Ordinance and the County
               Subdivision Ordinance.
I              ~~~~Mobile Home

               A mobile home is a structure, transportable in one or
               more sections, which in the traveling mode is 8 body
I             ~~~~feet or more in width or 40 body feet or more in length,
               or, when erected on site, is 320 or more square feet,
               and which is built on a permanent chassis and designed
               to be used as a dwelling with or without a permanent
I             ~~~~foundation when connected to the required utilities, and
               includes the plumbing, heating, air conditioning and
               electrical systems contained therein that can be
I             ~~~~retracted when transported and subsequently expanded for
               additional capacity, or of two or more units separately
               transportable but designed to be joined and joined into
               one integral unit.

               Non-conforming or non-conformity

I              ~~~~A non-conforming use is any lawful use, whether of a
               building or other structure or of a tract of land, which
               does not conform to any one or more of the applicable
I             ~~~~regulations of the district in which it is located,
               either on the effective date of this Ordinance or as a
                result of any subsequent amendment thereto.

H              ~~~~However, no existing use shall be deemed non-conforming,
               nor shall a non-conformity be deemed to exist, solely
               because of any of the following:

                a.    The existence of less than the required accessory
 *                   ~~~~~~off-street parking or loading spaces; or

                b.    The existence of non-conforming accessory signs.

     U                              1~~~~~~~~~~-20









               The casual , intermittent, temporary or illegal use of
               land or buildings shall not be sufficient to establish
I             ~~~~the existence of a non-conforming use, and the existence
               of a non-conforming use on a part of a lot shall not be
               construed to establish a non-conforming use on the
               entire lot.

               Open space

I              ~~~~Open space is that part of a lot which:

               a.    is open and unobstructed from its lowest level to
 I                  ~~~~~~the sky,
               b.    Is  accessible  to  and  usable  by  all  persons
                     occupying a dwelling unit on the lot, and

               C.    Is intended to provide  light  and air,  and is
 *                   ~~~~~~designed for scenic or recreational purposes.

               Open  space  shall  not  include  driveways,  off-street
               parking or loading spaces, or any area of less than 300
I             ~~~~square feet.
               Public Parking Garage

I              ~~~~A public parking garage is a building or other structure
               which:

I              ~~~~a.    Provides parking or storage for motor vehicles,
                     but not for commercial or public utility vehicles
                     or the dead storage of motor vehicles, and

               b.    Is not accessory to a use on the same or another
                     lot.

I              ~~~~Sale of petroleum products or minor repairs incidental
               to the parking or storage of motor vehicles are
               permitted accessory uses, if carried on within a
               completely enclosed building.
               Public Parking Lot

H              ~~~~A public parking lot is any lot which:

               a.    Is used  for  the  parking  or  storage  of motor
                      vehicles, but not for commercial or public utility
                     vehicles or the dead storage of motor vehicles,
  *                   ~~~~~~and

               b.    Is not accessory to a use on the same or another

  I~~~~~~~lt 1-21










               Minor repairs incidental to the parking or storage of
I             ~~~~motor vehicles is a permitted accessory use.
               Residence, or residential

U              ~~~A residence  is  a building  or  part  of  a building
               containing dwelling units, including one-family or
               two-family houses, and multiple dwellings.   However,
               residences do not include:
               a.    Such transient accommodation as hotels, motels,
                     trailer camps, or mobile homes, or
               b.    Dormitories,   fraternity  or  sorority  houses,
                     monasteries, or convents, or

               C.    Nurses' residences,  sanitariums, nursing homes,
                     or other similar living or sleeping accommnoda-
                     tions.
               Residential means pertaining to a residence.

               Rooming house

               A rooming house is a building other than a hotel, motel,
I             ~~~or  motor  lodge,  where,  for  compensation  and  by
               pre-arrangement for definition periods, lodging, meals,
               or lodging and meals are provided for three or more
               persons but containing no more than five sleeping rooms.
               School

               A school, including a nursery school and kindergarten,
               is an institution providing full-time instruction and
               a course of study which meets the requirements of the
               Code of Virginia.
*              ~~~~Setback line

               A setback line is a horizontal distance measured from
               a street line, side or rear lot line, a body of water,
I             ~~~~beach, or wetland into the lot for a depth as set forth
               in the district regulations of this Ordinance.

*              ~~~~Show window

               A show window is a window or opening in the exterior
               wall of any portion of a building used for business
I             ~~~~purposes,  through  which  merchandise,  services,  or
               business are displayed or advertised. A window glazed
               with transparent glass in the business portion of a

                                   1-22








               building, any part of which window is less than six feet
               above      tesidewalk or the established sidewalk grade
               beneath the window, shall be a show window.
               Sign
               A sign is any writing (including letter, word or
               numeral); pictorial representation (including illustra-
               tion or decoration); emblem (including device, symbol,
               or trademark); flag (including banner or pennant); or
               any other figure of similar character, which:

               a.    Is a structure or any part thereof, or is attached
                     to, painted on, or in any other manner represented
                     on a building or other structure, and
               b.    Is used  to announce,  direct  attention  to,  or
                     advertise, and
I              ~~~~C.    Is visible from outside a building.  A sign shall
                     include writing, representation, or other figure
                     of similar character within a building only when
 I                  ~~~~~~illuminated and located in a window.
               d.    Memorial signs or tablets

I              ~~~~e.    Temporary signs denoted architect,  engineer, or
                     contractor when placed on construction sites and
 *                   ~~~~~~not exceeding 20 square feet in area

               f.    Signs  required  to  be  maintained  by  law  or
                     governmental order, rule, or regulation, with a
 *                   ~~~~~~total surface area not exceeding ten square feet
                     on any lot
               g.    Small  signs  displayed  for  the  direction  or
                     convenience of the public, including signs which
                     identify rest rooms, freight entrances, or the
                     like, and those identifying handicapped parking
 I                  ~~~~~spaces, with a total surface area not exceeding
                     five square feet on any lot.
*              ~~~~When two sides of a double-faced sign are located not
               more than 28 inches apart at the widest point and not
               more than IS inches apart at the narrowest point and
               display identical writing or other representation, the
I             ~~~~surface area shall include only one of the sides.  Any
               additional side of a multi-faced sign shall be con-
               sidered as a separate sign for purposes of computing
I             ~~~~the total surface area of the sign.


    1                              ~~~~~~~~~~1-23








               Sign, advertising

3              ~~~~An advertising sign is a sign which directs attention
               to a business, profession, commodity, service, or
               entertainment conducted, sold, or offered elsewhere than
3              ~~~~upon the same lot.

               Sign, business
I              ~~~~A business  sign is an accessory sign which directs
               attention to a profession, business, commodity, service,
               or entertainment conducted, sold, or offered upon the
I             ~~~~same lot.
               Sign, flashing

I              ~~~A flashing  sign  is  any  illuminated  sign,  whether
               stationary, revolving, or rotating, which exhibits
               changing light or color effects, provided that revolving
U             ~~~~or rotating signs which exhibit no changing light or
               color effects other than those produced by revolution
               or rotation, shall be deemed flashing signs only if they
I             ~~~~exhibit sudden or marked changes in such light or color
               effects.

               Illuminated signs which indicate the time, temperature,
                weather, or other similar information shall not be
               considered flashing signs, provided that:

*              ~~~~a.    The total surface area of such sign is not greater
                      than 16 square feet,

               b.    The vertical dimension of any letter or number is
  I                  ~~~~~~not greater than 24 inches, and

                C.    Color or intensity of light is constant except for
                      periodic changes in the information displayed,
                      which occur not more frequently than once every
  *                   ~~~~~~minute.

                Sign, illuminated
                An illuminated sign is a sign designed to give forth any
                artificial light or reflect such light from an arti-
                ficial source.

I              ~~~~Sign with indirect illumination

                A sign with indirect illumination is any illuminated
I             ~~~~non-f lashing sign whose illumination is derived entirely
                from an external artificial source and is so arranged

     1                              ~~~~~~~~~~1-24








              that no direct rays of light are projected from such
              artificial source into residences or streets.

              Sign, surface area

              The surface area of a sign shall be the entire area
I            ~~~~within  a single  continuous  perimeter  enclosing  the
              extreme limits of writing, representation, emblem, or
              any figure of similar character, together with any
I            ~~~material  or  color  forming  an integral  part  of the
              display or used to differentiate such sign from the
              background against which it is placed. In any event,
I             ~~~~the supports or uprights on which such sign is supported
              shall not be included in determining the surface area
               of a sign.

I              ~~~~Street

              A street is a right-of-way shown on the Official Map,
               or a right-of -way intended to provide primary vehicular
               access to a lot with a minimum width of 50 feet
               throughout its length. Such street shall stay open and
               unobstructed throughout the life of any building or
               other structure use which depends thereon to satisfy any
               of the provisions of this ordinance.

I              ~~~~Street line

               A street line is a lot line separating a street from
I             ~~~~other land.
               Townhouse
               A townhouse is a single family dwelling designed to form
               a group of three or more attached single family
               dwellings separated by party walls without any means of
I             ~~~~access or visibility through such walls and having roofs
               which may extend from one dwelling unit to another. For
               the purpose of this Ordinance, townhouse development
I             ~~~~shall be considered a planned development as regulated
               by Article VII herein.

*              ~~~~Use
               A use is:
I              ~~~a.    Any  purpose  for  which  a  building  or  other
                     structure or lot may be designed, arranged,
                     intended, maintained, or occupied, or



     I                              ~~~~~~~~~~1-25









              b.    Any activity, occupation, business, or operation
                    carried on, or intended to be carried on, in a
                    building or other structure or on a lot.

              Yard

I              ~~~~A yard is that portion of a lot extending open and
              unobstructed from the lowest level to the sky along the
              entire length of a lot line, and from the lot line for
I             ~~~~a depth or width set forth in the applicable district
              yard regulations.

              Yard equivalent

              A rear yard equivalent is an open area which may be
               required on a through lot as an alternative to a
               required rear yard.
3              ~~~~Yard, front

               A front yard is a yard extending along the full length
               of a front lot line. In the case of a corner lot, any
               yard extending along the full length of a street line
               shall be considered a front yard.
5              ~~~~Yard line, front

               A front yard line is a line drawn parallel to a front
               lot line at a distance therefrom equal to the depth of
I             ~~~~a required front yard.
               Yard line, front, level (of)

I              ~~~~The front yard line level  is the mean level of that
               portion of the front yard from which, when viewed
               directly from above, lines perpendicular to the front

               yard line may be drawn to a street wall.   On corner














     ~~~~~~~~~~~I                     -26











                lots, the front yard line level is the mean of the front
1              ~~~~yard line levels.







                                        street wall





                               a portion of front yard line Uned
                                  to determrine front yard line level
                               ILLUSTRATION OF FRONT YARD LINE LEM~l


3              ~~~~Yard line, rear

                A rear yard line is a line drawn parallel to a rear lot
                 line at a distance therefrom equal to the depth of a
*              ~~~~required rear yard.

                 Yard, rear

I              ~~~~A rear yard is a yard extending for the full length of
                 a rear lot line.

I              ~~~~Yard, side

                 A side yard is a yard extending along a side lot line
                 from the required front yard (or from the front lot line
                 if no front yard is required) to the required rear yard
                 (or to the rear lot line, if no rear yard is required).
                 In the case of a corner lot, any yard which is not a

                 front yard shall be considered a side yard.
















      1                              [~~~~~~~~~~-27









    Chapter 3  Additional Sign Regulations

               Any sign permitted by this Ordinance may contain a
               .lawful non-commercial message that does not direct
               attention to a business operated for profit or to a
3              ~~~~commodity or service for sale.

               In addition to the regulation of signs found in the
               definitions, the district regulations, or elsewhere in
               this Ordinance, the following additional regulations


    13-01      Building Permit Not Required

               A building permit shall not be required for any sign
               excluded by the definition of a sign in Article 1,
               Chapter  2 herein.   However all such signs shall  be
               erected in accordance with the provisions of this
3              ~~~~Ordinance.

    13-02      Prohibited Signs

3              ~~~~The following signs are prohibited:

               a.    Moving signs or devices, including those that may
                     be set in motion by the atmosphere such as
                     pennants, flags, discs, etc.
3              ~~~~b.    Flashing signs.

               C.    Signs  on public  land not authorized by public
                     authority, and signs that obscure a sign displayed
 I                  ~~~~~by public authority for the purpose of giving
                     traffic instructions or direction or other public
                     information.

I              ~~~~d.    Signs which may obstruct the sight distances at
                     the intersection of any streets or a street and
 3                   ~~~~~~a driveway.

               e.    Signs projecting over any lot line.

               f.    Illuminated tubing or strings of lights outlining
                     property lines or open sales areas, roof lines,
                     doors, windows, or wall edges of any buildings,
                     provided that perimeter lighting may be used to
 I                  ~~~~~~illuminate open sales areas if such lighting is
                     shielded away from reflecting upon adjoining
 3                   ~~~~~~property or streets.

                  g. Signs that use the word   "sop or ''danger'' or
                     otherwise present or imply the need or requirement

     ~~~~~~~~~~~I1-28









                     of stopping or caution or the existence of danger
                     or which is a copy of, imitation of, or which for
 I                  ~~~~~~any reason is likely to be confused with, any sign
                     displayed or authorized by public authority.

               h.    Any   sign   that   obstructs   or   substantially
 I                  ~~~~~interferes with any window,  door,  fire escape,
                     stairway, ladder, or opening intended to provide
                     light, air, ingress, or egress for any building
                     or other structure.
3              ~~~~i.    Signs not expressly permitted by this ordinance.

    13-03      Permit Specifications

               Applications for a building permit shall include the
I             ~~~~following information:

3              ~~~~a.    Application date.

               b.    Name, address,  and telephone number of the sign
                     owner and, if different, the owner of the land on
 I                  ~~~~~~which the sign will be erected.
               C.    Address of the property where the sign will be
 3                   ~~~~~~erected.

               d.    Signature of the sign owner and, if different, the
                     owner of the land on which the sign will be
                     displayed.
               e.    Location of the sign on the property in relation
                      to lot lines, buildings or other structures,
                     streets or other public rights of way, and
                     intersections.
*              ~~~~f.    Type of sign and general description of structural
                     design and construction materials.
I               g~~~~. Drawings of the proposed sign which shall indicate
                     height, perimeter, and area dimensions, means of
                      support, and method of illumination if any.

               h.    Other information deemed necessary by the Zoning
                     Administrator.







     3                               1~~~~~~~~~~-29








N     ~Chapter 4  Additional Bulk Regulations

3     ~14-01      Virginia Condominium Act
                  a.    All development shall be undertaken in accordance
                        with the provisions of this ordinance regardless
                        of the form of ownership thereof.
                  b.    AllI condominium devel opments hereaf ter constructed
    I                 ~~~~shall   comply  with  the  provisions  of  this
                        Ordinance, including the requirements for approval
                        of  development  plans.    Whenever  an  existing
    3                   ~~~~~development  is to be converted to condominium
                        ownership involving land areas to be held in
                        common, a development plan shall be filed showing
                        the extent and ownership of such holdings.
                        Nothing in this requirement shall be interpreted
                        to abridge rights in a non-conforming use.

   3              ~~~~C.    A declaration  of  restrictions  to be filed  in
                        connection with a development subject to the
                        provisions of this ordinance shall comply with
                        the provisions of the Virginia Condominium Act
                        that are not in conflict with the provisions of
                        this Ordinance.

I     ~~14-02     Front Yards
                  a.    Required front yards for through lots shall be
    I                  ~~~~~~provided on each street.
                  b.    Where 20 to 50 percent of the street frontage in
                        a block is developed, the minimum front yard for
                        a new use shall be the average of the existing
                        front yards on either side of the lot in question,
                        but not less than 15 feet.  Where more than 50
    I                  ~~~~~~percent of the street frontage is developed with
                        no front yard, none shall be required of a new
    3                   ~~~~~~~us e.

       14-03      Accessory Buildings and Other Structures and Other Uses
                  a.    Automotive service station pumps and pump islands,
    U                  ~~~~~~with or without a canopy may project into required
                         yards, but not closer than 15 feet to street
    1                   ~~~~~~lines.

                  b.    Open accessory swimming pools may project into a
                         required side or rear yard in accordance with the
    I                  ~~~~~~definition of accessory use in Article 1, Chapter
                         2 herein. A walk space at least three feet wide

        U                              1~~~~~~~~~~-30








                   shall be provided between pool walls and pro-
                   tective fences or barrier walls.

             C.    Except as otherwise provided, an ornamental fence
                   or wall not more than three and one-half feet in
                   height may project into or enclose any required
                   front or side yard to a depth from the street line
                   equal to the required depth of the front yard.
                   Ornamental fences or walls may project into or
I                  ~~~~~~enclose other required yards, provided such fences
                   and walls do not exceed a height of seven feet.
                   On every corner lot in an agricultural or
                   residence district within a triangle formed by the
                   street lines on such lot and a line drawn between
                   two points, each 20 feet from the point of
                   intersection of such street lines, there shall be
I                  ~~~~~~no fence or wall higher than three feet, nor any
                   other obstruction to vision between a height of
                   three f eet and a height of ten feet above the
I                  ~~~~~~established  grade  of  either  street.    This
                   provision shallI not be interpreted to prohibit the
                   erection of an open-mesh type security fence
3                   ~~~~~enclosing  any  school  or  playground  site  or
                   business or industrial activity.
             d.    Accessory buildings which are not a part of the
I                  ~~~~~~main building, although they may be connected by
                   an open breezeway, may be constructed in a rear
                   yard, provided such accessory buildings do not
                   occupy more than 30 percent of the area of the
                   required rear yard and provided they are not
                    located closer than eight feet to any lot line.

             e.    Satellite dish antennas and similar devices may
                   project  into a rear  yard only.   In residence
                   districts, (a) there shall be a limit of one such
I                  ~~~~~~device on each lot, and (b) which shall not exceed
                    10 feet in diameter and 125 feet in height. if
                    such a device is mounted on a roof and visible
I                  ~~~~~~from the street on which the building fronts, its
                   diameter shall not exceed two feet.
             f.    The  parking  or  storage  of major  recreational
I                  ~~~~~~equipment, including, but not limited to, travel
                    trailers, utility trailers, pickup campers or
                    coaches, motorized dwellings, tent trailers, boats
U                  ~~~~~and  boat  trailers,  amphibious  houseboats,  or
                    similar equipment normally used for recreational
                    purposes shall be permitted as an accessory use



   ~~~~~~~~~~I                     I-31








 H                   ~~~~~in  all  residence  districts,  as  regulated  by
                     Section 14-03d above and provided that:
1               ~~~~~(1)   Such equipment shall not exceed 28 feet in length,
                      eight feet in width, and 10 feet in height,
                     exclusive   of  masts,   antennas,   vent-stacks,
                     windshields, or other accessories; and
               (2)   Such  equipment  shall  not  be  used  for  living,
 I                  ~~~~~sleeping, housekeeping or business purposes, nor
                      shall such equipment be connected to any utility
                      service, except when servicing or repairing the
 *                   ~~~~~~equipment.
                (3)   Development  plans  for  residential  developments
                      which provide common parking areas, such as
 I                  ~~~~~townhouse or apartment developments,  shall show
                      special provisions made for storage and screening
 *                   ~~~~~~of storage areas for major recreational equipment.

                (4)   in a residence district, such equipment shall be
                      parked or stored in the rear yard only.















     U~~~~~~~~~~13









   Chapter 5  Development Plan Review

3              ~~~~In all cases the development plan review begins with the
               Zoning Administrator.   Where a subdivision  is also
               involved, the review of subdivision plans and develop-
               ment plans will be coordinated under the provisions of
               this Article and the requirements of the Subdivision
               Ordinance.   Generally, approval is required first for
3              ~~~~preliminary plans and conditions attached thereto.

               Where a project is large enough that accomplishment by
               stages is appropriate, the development plan will
I             ~~~~generally be subject to preliminary and final approval
               with plans in three forms: 1) general development plan
               for the overall project, which is called an overall
               project design; 2) detailed plans for development units
               or stages as they are to be developed; 3) detailed
               engineering drawings for development units as they are
               to be developed.   An overall  project  design would
I             ~~~~include  generally  the  same  items  as  specified  for
               preliminary development plans but with detail modified
               as appropriate to the scale of the project.

               The provisions of this Chapter shall not apply to
               applications for a building permit involving one single
5              ~~~~or two family dwelling.

    15-01      Purpose

*              ~~~The  purpose  of  review  is  to  promote  the  orderly
               development of the County by means of improved project
               design which will insure that new development is
3              ~~~~appropriately functional, harmonious with its environ-
               ment, consistent with the Comprehensive Plan, and the
               intent of this Ordinance, and to this end to provide
               for a review of proposed development plans with respect
               to:
               a.    The  compatibility  of  the development  and  its
 I                  ~~~~~~environment and the layout and design of features
                     which may affect compatibility, such as building
                     location, open space, grading, the treatment of
                     slopes, stream valleys, yards, screening, lighting
                     and landscaping.
               b.    The  capacity  of  the  design  to  provide  for
                     convenient and safe internal and external movement
                     of vehicles and pedestrians.

3              ~~~~C.    The protection of public safety and the location
                     and adequacy of necessary utilities, drainage, and
                     erosion and sediment controls.

     I                              ~~~~~~~~~~1-33










1     ~15-02      Preliminary Development Plans

                 The preliminary development plans shall be clearly drawn
                 to scale as specified below and shall show the tol-
  3              ~~~~lowing:
                 a.    The proposed title of the development, the name
                       of the land owner, engineer, architect, designer,
                       landscape architect, and developer.
  3              ~~~~b.    The north point, scale, and date.

                 C.    The location of the development by an insert map
                       at a scale of not less than one inch equals two
                       thousand feet, indicating the scale, the north
                       arrow, and such information as the names and
                       numbers of adjoining roads, streams, and bodies
                       of water, subdivisions, County limits, or other
                        landmarks sufficient to clearly identify the
                        location of the lot.

  3              ~~~d.    Existing  zoning  and  district  boundaries  and
                       proposed changes in zoning, if any.

                 e.    The boundaries of the lot involved, the general
    I                 ~~~~~location of all existing easements and property
                        lines, existing streets, buildings and other
                        structures, waterways, flood plains, major tree
                        masses, and other existing physical features in
                        or adjoining the development.

   3              ~~~~f.    Uses of adjoining properties  and the names of
                        owners.

                  g.    Topography of the development area with contour
                        intervals of two feet or less, unless waived by
                        Zoning Administrator as clearly unnecessary.

   I              ~~~~h.    The approximate location and sizes of sanitary
                        storm sewers, water mains, culverts, and other
                        underground structures, existing and planned, in
                        or near the project.
                  i.    The general location and character of construction
                        of proposed streets, alleys, driveways, curb cuts,
    I                 ~~~~~entrances  and exits,  loading  areas  (including
                        numbers of off street parking and loading spaces),
                        outdoor lighting systems, storm drainage, and
                        sanitary facilities.


       I                              ~~~~~~~~~~1-34









 N             j.   ~~~~The general  location of proposed lots, setback
                     lines, and easements and proposed reservations for
                    parks, parkways, playgrounds, school sites, and
                     open spaces.

              k.    The  location and number  of floors,  number  of
                     dwelling units and approximate height of all
                     proposed buildings and other structures, and major
 *                  ~~~~~~excavations.

               1.    Preliminary plans and elevations of the dwelling
                     types and other buildings or other structures as
 *                  ~~~~~~may be necessary.

              M.    The general location, height, and material of all
 3                   ~~~~~~fences, walls, screen planting, and landscaping.

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

               o.    A tabulation of the total number of dwelling units
                     of various types and the overall density in
                     dwelling units per acre, gross or net as required
                     by district regulations.
               The Zoning Administrator may establish additional
U             ~~~~requirements for a preliminary development plan, and,
               in special cases, may waive a particular requirement if
               the inclusion of that requirement is not essential to
I             ~~~~a proper decision.   Development plans may be prepared
               on one or more sheets to show clearly the information
               required by this Chapter and to facilitate the review
               and approval of the plan. If prepared in more than one
               sheet, match lines shall indicate where the several
               sheets join.   Each plan sheet shall reserve a blank
               space three inches wide and five inches high for the use
I             ~~~~of the approving authority.  Development plans shall be
               prepared to a scale of one inch equals fifty feet, or
               such other scale as may be approved by the Zoning
               Administrator as appropriate to a particular case.
    15-03      Final Development Plans

I              ~~~~The final development plan shall comply with all laws,
               regulations and ordinances governing the approval of
*              ~~~~subdivisions and in addition shall show the following:

               a.    All of the features required on the preliminary
                     development plan with sufficiently accurate
 3                   ~~~~~~dimensions,   construction   specifications   and
                     computations to support the issuance of con-
                     struction permits.

     U                              1~~~~~~~~~~-35










                  b.    AllI existing and proposed water and sanitary sewer
    I                  ~~~~~~facilities indicating all pipe sizes, types, and
                        grades and where connection is to be made to a
                        utility system.

  I              ~~~~C.    Provisions for the adequate disposition of natural
                        and storm water in accordance with the duly
                        adopted design criteria and standards of the
    I                  ~~~~~~County indicating the location, sizes, types, and
                        grades of ditches, catch basins and pipes,
                        connections to existing drainage system, and
    *                   ~~~~~~provision for the adequate control of erosion and
                        sedimentation, indicating the proposed temporary
                        and permanent control practices and measures which
                        will be implemented during all phases of clearing,
                        grading, and construction.

                  d.    Existing   topography   with   two-foot   contour
    I                  ~~~~~intervals or such intervals as approved by the
                        Zoning Administrator.   Where existing ground is
                        on a slope of less than two percent, either
    *                   ~~~~~one-foot  contours  or  spot  elevations  where
                        necessary, but not more than fifty feet apart in
                        both directions.

  *              ~~~~e.    Proposed finished grading by contours supplemented
                        where necessary by spot elevations.

I     ~15-04      Procedures for Review

                  a.    The  following  guidelines  shall  be  used  I n
    3                   ~~~~~~reviewing a development plan:

                        (1)   Compliance  with  the  provisions  of  this
     3                        ~~~~~~~ordinance.

                        (2)   The impact of internal and external traffic
                               and circulation patterns and the relation-
                               ship to major thoroughfares.
                         (3)   The   impact   of   existing   or  proposed
      3                        ~~~~~~~surrounding development.

                         (4)   The  impact  on  the  natural  environment,
      3                        ~~~~~~~including the preservation of trees.

                         (5)   The  relationship  to utilities,  drainage,
                               f lood plains, existing or proposed community
      I                       ~~~~~~~~facilities.
                         (6)   The preservation of historic sites.

       ~~~~~~~~~~~I                     -36









                     (7)   Provision for screening, landscaping, open
  I                       ~~~~~~~~space.
              b.    The Zoning Administrator may approve the develop-
                    ment plan, or submit the plan for review, public
                    hearing, and recommendation to the Commission.
                    The application for a building permit and the
                     development plan shall be acted upon within 15
                     days of submittal to the Zoning Administrator or
                     of a final decision by the Commission.

               C.    The  applicant  shall  submit  written  proof  of
                     notification to all adjoining property owners
                     concerning the nature of the proposal and where
                     plans may be viewed.  No plan shall be approved
                     in less than five days of any such notice.
               d.    Nothing in this Section shall be interpreted to
                     permit a grant of a variance or exception to the
                     provisions of the ordinance or to abridge the
                     procedures  or  requirements  of  the  laws  and
                     ordinances governing the subdivision of land.

    15-05      Temporary Development Plans
I              ~~~~A temporary development plan may be approved by the
               Zoning Administrator for a period not to exceed one
               year, where development is in progress and all buildings
I             ~~~~~or other structures are of a temporary nature.   The
               drainage, erosion, and sediment control practices,
               parking, screening, fencing, services, and utility
*              ~~~~requirements of this Ordinance may be modified for the
               purpose of a temporary plan.

               Prior to the approval of such temporary development
               plan, a cash bond or letter of credit approved by the
               County Attorney, may be required to guarantee that all
               buildings and other structures erected under the plan
I             ~~~~will be removed at the expiration of the period for
               which the permit was issued.

               Items to be shown on a temporary development plan shall
I             ~~~~be the same as those required for preliminary plans
               under Section 15-04 above unless waived by the Zoning
*              ~~~~Administrator.

    15-06      Amendments to Approved Development Plans
               The Commission, upon the recommendation of the Zoning
               Administrator, may approve amendments to an approved

     ~~~~~~~~~~~I                     -37








                 development plan at a regular meeting and without public
  *              ~~~~hearing provided that the amendment:
                 .a.    Does not alter a recorded plat,
  3              ~~~~b.    Does not conflict with the provisions  of this
                       Ordinance,
                 C.    Does not change the general character or content
    I                  ~~~~~~of an approved development plan or use,
                 d.    Has  no  appreciable  effect  on  adjoining  or
    I                  ~~~~~~surrounding property,
                 e.    Does not result in any substantial change of major
    3                   ~~~~~~external access points,

                 f.    Does not increase the approved number of dwelling
                        units or height of buildings, and,

                 g.    Does not decrease the minimum specified yards and
                        open spaces or minimum or maximum specified
    I                  ~~~~~~parking and loading spaces.
      15-07      Guaranteed Performance

  I              ~~~~Prior to approval of a building permit, the owner or
                 developer shall execute an agreement to construct the
                  required physical improvements that are located within
  3             ~~~~public rights-of-ways or easements, or connected to any
                  public facility as approved by the County. The Zoning
                 Administrator may require a bond with surety or
  I             ~~~~conditions  acceptable  to the County Attorney  in the
                  amount of the estimated cost of the required physical
                  improvements as determined by the government agencies
                  responsible  for  such  improvements.    The  aforesaid
  I             ~~~~agreement, bond, or conditions shall be provided for the
                  completion of all work covered thereby, maintenance
                  thereof or for subsequent defects therein, within a time
  I             ~~~~to be determined by the Zoning Administrator.  Such time
                  may be extended by the Zoning Administrator upon written
                  application by the owner or developer, and signed by all
                  parties (including sureties) to the original agreement.
                  The adequacy, conditions, and acceptability of any bond
                  hereunder shall be determined by the County Attorney.

I     ~15-08       Expiration and Extension of Approval
                  Approval of a development plan submitted under the
  I             ~~~~provisions of this Chapter shall expire one year after
                  the date of such approval unless building permits have
                  been obtained for construction in accordance therewith.

                                      I-38









                 A single one-year extension may be given upon written
                  request of the applicant to the Zoning Administrator
  *              ~~~made  within  ninety  days  of  the  expiration  of  the
                  approved development plan.   The Zoning Administrator
                  shall acknowledge the request and make a decision
                  regarding the requested extension within thirty days
                  after receipt of the request.
       15-09      Right to Continue Project Development

                  Subject to the time limits and conditions specified in
                  this Ordinance, the rights to continue a project for
                  which a development plan has been approved shall not be
                  abridged so long as there is reasonable progress towards
                  completion in accordance with the terms of the approval.

I     ~15-10       Inspection and Supervision of Improvements

                  a.    One set of approved plans, profiles and specifica-
    I                  ~~~~~~tions shall be available at the site at all times
                        when work is being performed. A designated,
                        responsible employee shall be available tor
    *                   ~~~~~~contact by County officials.

                  b.    The  Zoning  Administrator  shall  inspect  the
                        installation of improvements within a reasonable
    I                  ~~~~~~time after a formal request for inspection.   if
                        the   improvements   have   been   satisfactorily
                        installed,   the   Zoning   Administrator   shall
    I                  ~~~~~~authorize the release of any bond furnished to
                        guarantee  installation.   Such approval  by the
                        Zoning Administrator shall not bind the County to
                        accept  the  improvements  for  its  maintenance,
                        repair, or operation.

















        I                              ~~~~~~~~~~1-39









                     ARTICLE II  AGRICULTURAL DISTRICTS


U     ~Chapter 1 AC-Agricultural Conservation District

      21-01      Purpose

                 Agricultural Conservation Districts include prime
                 agricultural lands where active farms and forests are
  I            ~~~~the predominant use of land.  Moreover, because of soil
                 conditions, topography and other physical features,
                 agricultural use is encouraged to protect the economic
  I             ~~~~base of the County and guard against  environmental
                 degradation. Such a district is also created to protect
                 surface and ground water and to preserve agricultural
                 and forestal lands. To achieve these goals, residential
                 development is discouraged.

      21-02      Permitted Uses

                 only the following uses shall be permitted in an AC
                 district subject to the provisions of Article I, Chapter
                 5, Development Plan Review, and Article VIII, Chapter
                 2, Chesapeake Bay Preservation District, herein, and
                 except as provided for cluster and planned development
                 herein, the provisions of Article IV, Design Standards,
                  of the Richmond County Subdivision ordinance shall


                 a.    Agriculture, including horticulture, silviculture,
                       viticulture, orchards, floriculture, dairying, and
                       pasturage.

                       Agricultural and forestry management activities
                       must incorporate the application of Best Manage-
                       ment Practices (BMPs) in a plan approved by the
                        local Soil and Water Conservation District or the
                        Virginia Department of Forestry.

                        Agricultural use shall not include commercial
                        slaughtering or processing of animals or the
                        confinement of large numbers of animals in any
                        enclosure.   Enclosed pasturage or range of not
                        more than 10 adult animals per acre for not more
                        than 120 continuous days may be permitted.
                  b.    Game preserves, wildlife sanctuaries, and fishery
                        uses.

                  C.    Single-family dwellings, detached.

                  d.    Accessory uses.










                  e. Home occupations.

 H             f.   ~~~~off-street parking, subject to the provisions of
                     Article IX herein.

 I             g.    ~~~~Accessory signs as follows, and subject also to
                     the provisions of Article I, Chapter 3 herein.

                     (1)   One nameplate with indirect illumination and
                           with an area not exceeding one square foot
                           for single family dwellings and home
  *                       ~~~~~~~occupations.

                     (2)   One non-illuminated "for sale" or "fo rent"
                           sign with an area not exceeding four square
                           feet.
                     (3)   One  identification  sign  with  indirect
                           illumination for all other permitted uses
                           with an area not exceeding 20 square feet.

                     (4)   Non-illuminated security and warning signs
                           without limitation as to number, but with
                           an area not exceeding one square foot.

 I                   ~~~~~~(5)   One   non-illuminated   sign   erected   in
                           connection   with  new   construction   and
                           displayed only during the time that actual
                           construction is in progress, with an area
   H                       ~~~~~~~not exceeding 20 square feet.

                     (6)   One non-illuminated  sign identifying  the
                           entrance and exit to a permitted use with
                           an area not exceeding 6 square feet.

 I                   ~~~~~(7)   Maximum  height  shall  be  10  feet  above
                           finished grade level, and in no case above
                           the roof line if affixed in any manner to
   I                      ~~~~~~~the wall of a building or structure.
                     (8)   Signs shall not project beyond a lot line,
                           and not more than 12 inches when affixed in
                           any manner to the wall of a building or
                           other structure.

I              ~~~~h.    The construction and maintenance of non-commercial
                     catwalks, piers, fences, and duckblinds, provided
                     that such structures are so constructed on pilings
 I                  ~~~~~~as to permit the reasonably unobstructed flow of
                     the tide in tidal areas, or natural flow in



     I~~~~~~~~~~~I-









                    non-tidal areas, and to preserve the natural
                    contour of marshes, swamps and water courses.

                 *. Non-commercial  outdoor recreational activities,
                    including hiking, boating, trapping, hunting,
                    fishing, shelIf ishing, horseback riding, swimming,
                    and skeet and trap shooting; provided that no
                    structure shall be constructed except as permitted
                    in paragraph h of this Section 21-02. Hunting and
                    shooting activities shall take place at least 1000
                    feet from a street line. Hunting activities may
                    include the keeping of dogs in enclosures at least
                    500 feet from a dwelling.

              j.    Conservation, repletion, education, and research
                    activities of the Virginia Marine Resources
 I                  ~~~~~Commission,  the  Virginia  Institute  of  Marine
                    Science, the Commission of Game and Inland
                    Fisheries,   and   other   related   conservation
                    agencies.
              k.    The normal maintenance,  repair,  or addition to
                    existing roads, highways, or the facilities of any
                    person, firm, corporation, utility, or government
                    abutting on or crossing wetlands or swamps,
                    provided that no waterway is altered and no
                     additional wetlands or swamps are covered or


*              ~~~~1.    The  normal  maintenance  of  existing  man-made
                    drainage ditches, provided that no additional
                    wetlands or swamps are covered or drained and
                    provided further that this paragraph shall not be
                    deemed to authorize construction of any drainage
                    ditch.

              M.    Aquacuiture, subject to the provisions of Article
                     I, Chapter 5, Development Plan Review, herein.

    21-03      Bulk Regulations

               The following bulk regulations shall apply in an AC
               district subject also to the provisions of Article I,
               Chapter 8 herein:
               a.    Minimum lot area for all uses shall be 20 acres.

               b.    Minimum lot width for a single-family dwelling
                     shall be 500 feet.  Waterfront lots shall provide
 I                  ~~~~~an  equivalent  lot  width  measured  along  the
                     waterbody, beach, or wetland unless otherwise


                                  II-3








                     approved as a part of a cluster or planned
 *                   ~~~~~~development or subdivision.


               c.    Minimum frear yard for all uses shall be 100 feet.


I              ~~~~f.    Minimum  spacing  between  buildings  or  other
                     structures shall be equal to the height of the
                     adjacent tallest building or other structure or
 I                  ~~~~~the  required  yard  dimensions,  whichever  is
                     greater.
               g.    Maximum density for single-family dwellings shall
 I                  ~~~~~~be 20 acres per dwelling unit.
               h.    Maximum height for a single-family dwelling shall
 I                  ~~~~~be 35 feet; and 45 feet for all other permitted
                     buildings or other structures, except signs.
               i.    Cluster development  of single family dwellings
                     shall be in accordance with the provisions of
                     Article I, Chapter 5, Development Plan Review,
                     herein, and the appropriate provisions of the
                     County Subdivision ordinance.   Cluster develop-
                     ments shall have:

                     (1)   a minimum lot area of 60 acres.
                     (2)   a minimum lot width of 150 feet, and
 U                   ~~~~~~(3)   a maximum density of I dwelling unit per 20
                           acres, however each dwelling unit may have
                           a minimum lot area of I acre.
               j.    Permitted obstruction in yards shall include:

                     (1)   unenclosed porches,  terraces,  open decks,
                           uncovered steps, fire escapes, planting
                           boxes, balconies, or air conditioning units
                            and the like, and may project not more than

                     (2)   cornices, awnings, canopies, and the like
                            it at least 10 feet above finished grade
                            level, may project not more than 3 feet;

                     (3)   sills, leaders, belt courses, and the like
                           and may project not more than 12 inches;

     I                              ~~~~~~~~~~11-4









(4)   bay windows, chimneys, and the like and may
     project not more than 3 feet;

(5)   accessory signs, but at least 10 feet from
     any lot line;

(6)  accessory  uses  in  accordance  with  the
     definition of accessory use in Article I,
     Chapter 2 herein; and

(7)   the use of land in accordance with the
     provisions of Article I, Chapter 4,
     Additional Bulk Regulations, herein.









































             II-5









      Chapter 2  GA - General Agricultural District

1     ~~22-01      Purpose

                 The General Agricultural District is designed to
                 encourage existing and future agricultural and forestry
                 operations, to provide for the preservation of agri-
                 cultural and forestal lands, and preserve the natural
                 beauty of rural areas of the County. The district is
  I             ~~~~also  intended  to  provide  for  spacious  residential
                 development and to protect this development where it
                  occurs, but to faster a disbursed residential develop-
                 ment pattern which will reduce conflicts with agri-
                  culture, maintain the rural appearance of the country-
                 side, reduce traffic hazards on County roads, and have
                  limited  needs  for  public  services.    moreover,  the
                  location of these districts are designed to protect the
                  quality of surface and ground water.

1     ~22-02       Permitted Uses

                  Only the following uses shall be permitted in a GA
                  district subject to the provisions of Article I, Chapter
                  5, Development Plan Review, and Article VIII, Chapter
                  2, Chesapeake Bay Preservation District, herein, and
                  except as provided for cluster and planned development
                  herein, the provisions of Article IV, Design Standards,
                  of the Richmond County Subdivision ordinance should
                  apply.

                  a.    Agriculture, includinghorticulture, silviculture,
                        viticulture, orchards, floriculture, dairying, and
                        pasturage.

                        Agricultural and forestry management activities
                        must incorporate the application of Best Manage-
    I                  ~~~~~ment Practices (BMPs) in a plan approved by the
                        local Soil and Water Conservation District or the
    *                   ~~~~~~Virginia Department of Forestry.

                        Agricultural use shall not include commercial
                        slaughtering or processing of animals or the
                        confinement of large numbers of animals in any
                        enclosure.   Enclosed pasturage or range of not
                        more than 10 adult animals per acre for not more
                        than 120 continuous days may be permitted.

                  b.    Game preserves, wildlife sanctuaries, and fishery
    *                   ~~~~~~uses.

                  C.    Single family dwellings, detached.



        I~~~~~~~~~~I_









             d.    Accessory uses.

             e.    Home occupations.

             f.    Off-street parking, subject to the provisions of
                   Article IX, herein.
             g.    Accessory signs as follows, and subject also to
I                   ~~~~~~the provisions of Article I, Chapter 3, herein:
                    (1)   One nameplate with indirect illumination and
                          with an area not exceeding one square foot
                          for single family dwellings and home
                          occupations.

                    (2)   One nion-illuminated "for sale" or "for rent"
                          sign with an area not exceeding four square


I                   ~~~~~(3)   One  identification  sign  with  indirect
                          illumination for all other permitted uses
                          including subdivisions with an area not
                          exceeding 20 square feet.
                    (4)   Non-illuminated security and warning signs
                          without limitation as to number but with an
                          area not exceeding one square foot.
                    (5)   One   non-illuminated   sign   erected   in
 I                      ~~~~~~connection  with  new  construction,  and
                          displayed only during the time that actual
                          construction is in progress, with an area
                          not exceeding 20 square feet.
                    (6)   one non-illuminated sign identifying  the
                          entrance and exit to a permitted use with
                          an area not exceeding 8 square feet.
                    (7)   Maximum  height  shall  be  10  feet  above
 I                      ~~~~~~~finished grade level, and in no case above
                          the roof line if affixed in any manner to
                          the wall of a building or other structure.

I                   ~~~~~~(8)   Signs shall not project beyond a lot line,
                          and not more than 12 inches when affixed in
                          any manner to the wall of a building or
                          other structure.
              h.    The construction and maintenance of non-commercial
                    catwalks, piers, fences, and duckblinds, provided
                    that such structures are so constructed on pilings
                    as to permit the reasonably unobstructed flow of

                                  II-7








                   the tide in tidal areas, or natural flow in
                   non-tidal areas, and to preserve the natural
                   contour of marshes, swamps, and water courses.
                1. Non-commercial  outdoor recreational activities,
                   including hiking, boating, trapping, hunting,
                   fishing, shelIf ishing, horseback riding, swimming,
                   and skeet and trap shooting; provided that no
                   structure shall be constructed except as permitted
I                 ~~~~~~in paragraph h of this Section 22-02. Hunting and
                   shooting shall take place at least 1000 feet from
                   a street line. Hunting activities may include the
I                 ~~~~~keeping of dogs in enclosures at least 500 feet
                   from a dwelling.
                j. Conservation,  repletion,  education and research
I                 ~~~~~activities  of  the  Virginia  Marine  Resources
                   Commission, the Virginia Institute of Marine
                   Science, the Commission of Game and inland
                    Fisheries,   and   other   related   conservation

             k.    The normal maintenance,  repair,  or addition to
                   existing roads, highways, or the facilities of
                   any person, firm, corporation, utility, or
                   government abutting on or crossing wetlands or
I                 ~~~~~swamps, provided that no waterway is altered and
                   no additional wetlands or swamps are covered or
*                   ~~~~~~drained.

             1.    The  normal  maintenance  of  existing  man-made
                    drainage ditches, provided that no additional
I                 ~~~~~wetlands  or swamps are covered or drained and
                    provided further that this paragraph shall not be
                   deemed to authorize construction of any drainage
*                   ~~~~~~ditch.
             M.    Horse riding and boarding stables, provided that
                    every building or other structure is at least 500
I                  ~~~~~~feet from a residence use.
             n.    Nurseries and greenhouses, providec  that products
*                   ~~~~~~sold are raised or produced on the premises.
              o.    Sawmills  only  for  timber  grown  on  the  same
                    premises.    Open  storage,  buildings  or  other
I                 ~~~~~~structures shall be located at least 500 feet from
                    all lot lines. Only one saw shall be operated at
                    any one time with a blade not exceeding 48 inches
I                  ~~~~~in diameter.  A maximum of three persons may be
                    employed.   The days and hours of the operation
                    shall be approved by the Zoning Administrator
                                 11-8









                     considering any adverse impact of the sawmill
 *                   ~~~~~~operation on adjoining and surrounding lots.

              .p.    wayside  stands  for  the  sale  of  agricultural
                     products produced on the premises.   The stand
                     shall not exceed 200 square feet in floor area,
                     nor be closer than 35 feet to the front lot line
                     and 100 feet from all other lot lines.

               q.    Public utility distribution and service facili-
                     ties.

               r.    Radio and TV transmission or receiving towers.
 I                 ~~~~~~The tower shall be so located that its minimum
                     distance from any lot line will equal the maximum
 *                   ~~~~~~height of the tower above ground level.

               S.    Aquaculture, subject to the provisions of Article
 3                   ~~~~~~I, Chapter 5, Development Plan Review, herein.

    22-03      Bulk Regulations

               The following bulk regulations shall apply in a GA
I             ~~~~district, subject also to the provisions of Article I,
               Chapter 4 herein:

I              ~~~~a.    Minimum lot area for all uses shall be 5 acres.

               b.    Minimum lot width for a single family dwelling
 U                  ~~~~~~shall be 300 feet.  Waterfront lots shall provide
                     an equivalent lot width measured along the water
                     body, beach, or wetland unless otherwise approved
 3                   ~~~~~as part of a cluster or planned development or
                     subdivision.

               C.    Minimum front yard for all uses shall be 100 feet.

               d.    Minimum side yards for all uses shall be 70 feet
 3                   f~~~~~~or each side yard.
               e.    Minimum rear yard for all uses shall be 100 feet.

               f.    Minimum  spacing  between  buildings  or  other
 I                  ~~~~~~structures shall be equal to the height of the of
                     the adjacent tallest building or other structure
                     or the required yard dimensions, whichever is-
                     greater.
               g.    Maximum density for single family dwellings shall
                     be 5 acres per dwelling unit.









             h.    Maximum height for single family dwelling shall
                    be 35 feet and 45 feet for all other permitted
                    buildings or other structures, except signs.
                 i. Cluster development  of single family dwellings
                    shall be in accordance with the provisions of
                    Article I, Chapter 5 of this Ordinance, Develop-
                    ment Plan Review, and the appropriate provisions
                    of the County  Subdivision Ordinance.   Cluster
                    developments shall have:
                    (1)   a minimum lot area of 20 acres.

                    (2)   a minimum lot width of 150 feet, and

                    (3)   a maximum density of I dwelling unit per 5
                          acres, however each dwelling unit may have
                          a minimum lot area of I acre.

3              j.   ~~~~Permitted obstruction in yards shall include:

                    (1)   unenclosed porches,  terraces,  open decks,
                          uncovered steps, fire escapes, planting
                          boxes, balconies, or air conditioning units,
                          and the like, and may project not more than
 *                        ~~~~~~~~6 feet;

                    (2)   cornices, awnings, canopies, and the like
                          if at least 10 feet above finished grade
                          Ilevel , and may project not more than 3 feet;
                    (3)   sills, leaders, belt courses, and the like,
 3                        ~~~~~~~and may project not more than 2 inches;

                    (4)   bay windows, chimneys, and the like, and may
 *                        ~~~~~~~project not more than 3 feet;

                    (5)   accessory signs, but at least 10 feet from
 3                        ~~~~~~~any lot line;

                    (6)   accessory  uses  in  accordance  with  the
                          definition of accessory use in Article I,
                          Chapter 2 herein; and

                    (7)   the use  of  land  in accordance  with the
                          provisions   of  Article  I,  Chapter   4,

                          Additional Bulk Regulations, herein.



   I~~~~~~~~~~~Ii









      Chapter 3  RA  Rural Agricultural District

I     ~~23-01     Purpose

                 The Rural Agricultural District is designed to promote
                  compatible development of agricultural uses, residential
                 uses, and uses associated with them at densities higher
                  than  those  permitted  in  other  districts.    These
                  districts are located in areas with access to major
                  highways and provide a logical transition from agri-
                  cultural to residential use.

I     ~~23-02     Permitted Uses

                  only the following uses shall be permitted in a RA
                  district subject to the provisions of Article I , Chapter
                  5, Development Plan Review and Article VIII, Chapter 2,
                  Chesapeake Bay Preservation District, herein, and except
                  as otherwise provided for cluster and planned develop-
  I             ~~~~ment  herein,  the provisions  of Article  IV,  Design
                  Standards, of the Richmond County Subdivision Ordinance
                  shall apply.

                  a.    Agriculture, includinghorticulture, silviculture,
                        viticulture, orchards, floriculture, dairying, and
                        pasturage.

                        Agricultural and forestry management activities
                        must incorporate the application of Best Manage-
    I                 ~~~~~ment Practices (BMPs) in a plan approved by the
                        local Soil and Water Conservation District or the
    3                  ~~~~~~Virginia Department of Forestry.

                        Agricultural use shall not include commercial
                        slaughtering or processing of animals or the
                        confinement of large numbers of animals in any
                        enclosure.  Enclosed pasturage or range of not
                        more than 10 adult animals per acre for not more
    3                   ~~~~~~than 120 continuous days may be permitted.
                  1,.   Game preserves, wildlife sanctuaries, and fishery
    *                   ~~~~~~uses.

                  C.    Single-family or two family dwellings.

  *              ~~~~d.    Accessory uses.

                  e.    Home occupations.

  I              ~~~~f.    Off-street parking, subject to the provisions of
                        Article IX, herein.









U               g~~~~. Accessory signs as follows, and subject also to
                      the provisions of Article I, Chapter 3 herein:

 1                   ~~~~~~(1)   One nameplate with indirect illumination and
                            with an area not exceeding one square foot
                            for dwellings and home occupations.

                      (2)   One non-illuminated "for sale" or "for rent"
                            sign with an area not exceeding four square
                            feet.
                      (3)   One  identification  sign  with  indirect
                            illumination for all other permitted uses
                            including subdivisions with an area not
                            exceeding 20 square feet.

 1                   ~~~~~~(4)   Non-illuminated security and warning signs
                            without limitation as to number, but with
                            an area not exceeding one square foot.

                      (5)   One   non-illuminated   sign   erected   in
                            connection  with  new  construction  and
                            displayed only during the time that actual
                            construction is in progress, with an area
                            not exceeding 20 square feet.

  I                   ~~~~~(6)   One non-illuminated  sign identifying  the
                            entrance and exit to a permitted use with
                            an area not exceeding 8 square feet.

                      (7)   Maximum  height  shall  be  10  feet  above
                            finished grade level, and in no case above
                            the roof line if affixed in any manner to
                            the wall of a building or other structure.
                      (8)   Signs shall not project beyond a lot line,
   I                       ~~~~~~~and not more than 12 inches when affixed in
                            any manner to the wall of a building or
                            other structure.

H              ~~~~h.    The construction and maintenance of non-commercial
                      catwalks, piers, fences, and duckblinds, provided
                      that such structures are so constructed on pilings
                      as to permit the reasonably unobstructed flow of
                      the tide in tidal areas, or natural flow in
                      non-tidal areas, and to preserve the natural
                      contour of marshes, swamps, and water courses.
                i.    Non-commercial outdoor recreational  activities,
                      including hiking, boating, trapping, hunting,
                      fishing, shelIf ishing, horseback riding, swimming,
                      and skeet and trap shooting; provided that no

     I                             ~~~~~~~~~~11-12








H                   ~~~~~~structure shallI be constructed except as permitted
                     in paragraph h of this Section 23-02. Hunting and
                     shooting activities shall take place at least 1000
                     feet from a street line. Hunting activities may
                     include the keeping of dogs in enclosures at least
                     500 feet from a dwelling.
                  j. Conservation, repletion, education, and research
                     activities of the Virginia Marine Resources
 I                  ~~~~~Commission,  the  Virginia  Institute  of  Marine
                     Science, the Commission of Game and inland
                     Fisheries,   and   other   related   conservation
 *                   ~~~~~~agencies.
               k.    The normal maintenance,  repair,  or addition to
                     existing roads, highways, or the facilities of any
 I                  ~~~~~~person, firm, corporation, utility, or government
                     abutting on or crossing wetlands or swamps,
                     provided that no waterway is altered and no
 I                  ~~~~~additional  wetlands  or  swamps  are  covered  or
                     drained.

               1.    The  normal  maintenance  of  existing  man-made
 I                  ~~~~~drainage  ditches,  provided  that  no  additional
                     wetlands or swamps are covered or drained and
                     provided further t1hit this paragraph shall not be
                      deemed to authorize construction of any drainage

               M.    Planned developments  as regulated by the pro-
                     visions of this Chapter and of Article ViI herein.
*              ~~~~n.    Places of worship with a maximum lot area of 3
                     acres.
*               o~~~~. Manufactured homes.
               p.    Public uses, such as schools (kindergarten through
                     9th grade), parks, museums, libraries, play-
 I                  ~~~~~~grounds, boat landings, police and fire stations,
                     community centers, and non-commercial clubs.
               q.    Nursing   homes,   convalescent   homes,   nursery
 I                  ~~~~~schools,  group  homes  for  the  developmentally
                     disabled, and family day care facilities provided
 *                   ~~~~~~that such uses have a minimum lot area of 5 acres.

               r.    Horse riding and boarding stables, provided that
                      every building or other structure is at least 500
                      feet from a residence use.


     ~~~~~~~~~~~II1-13









             s.    Nurseries and greenhouses, provided that products
                    sold are raised or produced on the premises.

             t.    Sawmills  only  for  timber  grown  on  the  same
                    premises.    open  storage,  buildings  or  other
                    structures shall be located at least 500 feet from
                    all lot lines. Only one saw shall be operated at
                    any one time with a blade not exceeding 48 inches
                    in diameter. A maximum of three persons may be
U                  ~~~~~employed.   The days and hours of the operation
                    shall be approved by the Zoning Administrator
                    considering any adverse impact of the sawmill
I                  ~~~~~~operation on adjoining and surrounding lots.
             U.    Wayside  stands  for  the  sale  of  agricultural
                    products produced on the premises.   The stand
                    shall not exceed 200 square feet in floor area,
                    nor be closer than 35 feet to the front lot line
                    and 100 feet from all other lot lines.

              V.    Public utility distribution and service facili-
*                   ~~~~~~ties.

              W.    Radio and TV transmission or receiving towers.
                    The tower shall be so located that its minimum
                    distance from any lot line will equal the maximum
                    height of the tower above ground level.
              X.    Excavation of clay, gravel, sand, and the removal
I                  ~~~~~of top soil when in conjunction with excavation
                    of permitted materials may be permitted for a term
*                   ~~~~~~not exceeding 10 years and provided that:

                    (1)   the  excavation  area  does  not  exceed  50
                          acres,

I                   ~~~~~(2)   is  located  at  least  1000  feet  from any
                          adjoining lot line of a similar operation,
                          and 200 feet from any other lot line,

                    (3)   the Zoning Administrator or the Commission,
                          as the case may be, finds that such use is
 *                        ~~~~~~~so located as not to impair the essential
                          character of the surrounding area, and
                          provided that the following conditions are
 *                        ~~~~~~~~met:

                          (a)   That the applicant's development plan
                                shows the proposed extent and depth
   I                            ~~~~~~~~~of the area to be excavated, together
                                with certification of having met all
                                requirements of the Code of Virginia,

   H                              11~~~~~~~~~I-14









                  ARTICLE IX OFF-STREET PARKING AND LOADING


      Chapter I Off-Street Parking

      91-01       Application

                 All uses of land, buildings or other structures
                  established in any manner after the effective date of
  I             ~~~~this  ordinance  shall  provide  accessory  off-street
                 parking in accordance with the provisions of this
  *              ~~~~Article.

                 When an existing use of land, building, or other
                  structure is expanded or enlarged, accessory off-street
                  parking shall be provided for the entire use, building,
                  or other structure as expanded or enlarged.
                  Where fractional spaces result, the required number of
                  off-street parking spaces shall be construed to be the
                  next highest whole number.

1     ~91-02       Required Spaces - Residential Uses
                  Minimum required accessory off-street parking spaces
  *              ~~~~shall be provided as follows:

                        Use                         spaces Reauired

  I              ~~~~Single or two-family            1 per dwelling unit
                  dwelling, detached                 plus I per roomer

  *              ~~~~Single or two-family            2 per dwelling unit
                  dwelling, attached                 plus I per roomer

                  Multiple dwelling                  2 per dwelling unit,
                                                   plus 1% of the
                                                   required spaces for
                                                   handicapped, I space
                                                   minimum
                  Housing for the elderly            .5 per dwelling unit,
           I                                        ~~~~~~~~~~~~plus I for each
                                                   employee on the major
                                                   shift

   I              ~~~~Nursing, Convalescent,           1 per 3 residents,
                  family day care facilities,        plus I per employee
   *               ~~~~or group homes





        I~~~~~~~~~~I-









   91-03      Required Spaces - Public or Community Uses
I              ~~~~Minimum required accessory off-street parking spaces
               shall be provided as follows:

                     Uses                        S~p4.es a.u read

               Places of worship         I         per 5 seats or bench
                                                 places in the
                                                 principal place of
                                                 worship

I              ~~~~School, elementary,     I        per employee
               middle or junior high             including faculty,
               school                            plus 6 for visitors

               High school                       1 per 5 students,
                                                 plus 1 per employee
                                                 including faculty,
                                                 plus 6 for visitors
               College or university       I      . per employee
        I                                       ~~~~~~~~~~~~including faculty,
                                                 plus I per 4 students

               Cultural center, museum,          1 per 300 square feet
                library, or community             of gross floor area,
                center                            plus 1 per employee

I              ~~~~Hospi tal                       2 per patient bed,
                                                 plus I per employee
                                                  on a major shift,
        I                                       ~~~~~~~~~~~~plus 1 per doctor
                Dormitories, fraternities,        2 per 3 sleeping
                sororities, clubs with            accommodations plus I
                sleeping rooms                    for each employee
                Non-commercial clubs-civic,       1 per 3 members
                fraternal, and similar
                facilities

                Public utility facilities    I     per employee on a
                                                  major shift, plus I
                                                  per company vehicle

                Community swimming pool      I       per 4 persons
                                                  lawfully permitted in
                                                  the pool at one time,

                                                  plus I per employee



     I~~~~~~~~~~~I-









                Tennis club                        4 per court plus I
        *                                         ~~~~~~~~~~~~per employee

               .Country club            I            per 3 members based
                                                   on maximum anticipated
        *                                         ~~~~~~~~~~~~membership

    91-04      Required Spaces - Retail Uses

I               ~~~~Minimum required accessory off-street parking spaces
                shall be provided as follows:
                Hotel, motel, tourist home         1 per guest room, plus
                and similar facilities             2. per employee
                Medical office, clinic             5 per 1000 square feet
                                                   of gross floor area

                offices, general; post             1 per 300 square feet
                office                             of gross floor area; 3
                                                   spaces minimum

3               ~~~~Repair service facilities,      1 per 300 square feet
                including automobile,              of gross floor area,
                machinery, boat, and equip-        plus 1 per employee
                ment sales and service

                Veterinary hospital         I        per 400 square feet
                                                    of gross floor area,
         I                                        ~~~~~~~~~~~~plus I per employee or
                                                    professional; 4 spaces
         I                                         ~~~~~~~~~~~~minimum

                 Personal service facility    I     per 200 square feet
                                                    of gross floor area

I               ~~~~Theatre, auditorium, stadium  I   per 3 seats or
                 and similar facilities             seating accommodation

I               ~~~~Car wash                        4 per bay, plus i per
                                                    employee, plus 10
                                                    stacking spaces per
         I                                        ~~~~~~~~~~~~~bay
                 Retail sales, except               1 per 200 square feet
                 furniture and carpet               of gross floor area,
                                                    plus I per employee
                 Quick-service food                 1.5 per 200 square
                                                    feet of gross floor
                                                    area



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               Furniture, carpet,                1 per 400 square feet
                appliance store                   of gross floor area,
                                                  plus 1 per employee
u              ~~~~Eating places:
                Fast food-table service       I      per 2 seats

                Fast food-no seating              1 per 60 square feet
                                                  of net floor area,
                                                  minimum 6 spaces

                Fast food-drive-in                1 per 2 seats, plus 10
                                                  stacking spaces for
                                                  the drive-in window,
                                                   with a minimum of 
                                                  such spaces designated
                                                  for the ordering
                                                  station. Such spaces
                                                  shall be designed so
                                                  as not to impede
                                                  pedestrian or
        I                                       ~~~~~~~~~~~~vehicular circulation
                                                  on the site or any
                                                  abutting street
I             ~ ~~~Other eating facilities         1 per 3 seats, plus 1
                                                  per 2 employees
I              ~~~~Banks                           1 per 200 square feet
                                                  of gross floor area
                Drive-in banks                    1 per 200 square feet
                                                  of gross floor area
                                                  plus 8 stacking spaces
                                                  in front of the first
                                                  window and 2 in front
                                                  of each additional
        *                                        ~~~~~~~~~~~~~window

                Bowling alley                     4 per alley, plus I
        *                                        ~~~~~~~~~~~~per employee
                Commercial swimming        I        per 4 persons
                pool                               lawfully permitted in
                                                  the pool at one time,
                                                  plus I per employee
                other recreational                1 per 100 square feet
I             ~~~~facilities                       of floor area, plus 1
                                                  per employee


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               Automotive service                3 per service bay,
               station                           plus I per employee,
                                                 minimum 5 spaces
               Vehicle service and               2 per service bay,
               repair facilities                 plus I per 200 square
                                                 feet of net floor
                                                 area, plus I per
        I                                        ~~~~~~~~~~~~~employee

               Vehicle sales, rental,       I       per 400 square feet
               and service facilities            of enclosed sales and
        I                                       ~~~~~~~~~~~~rental gross floor
                                                  area, plus 1 per 2500
                                                  square feet of open
                                                  display area, plus 2
                                                  per service bay, plus
                                                  I per employee'
                                                  minimum 5 spaces

               Funeral home           I            per 50 square feet
                                                  of assembly, office,
        I                                       ~~~~~~~~~~~~and sales area, plus I
                                                  per employee, plus 1
                                                  for each company
        *                                        ~~~~~~~~~~~~vehicle

               Outdoor sales           I           per 500 square feet
                facilities, except                of open sales and
I             ~~~~vehicular                       display area, plus 1
                                                  per employee

                Shopping center                   5 per 1000 square feet
                                                  of gross floor area

    91-05      Required Spaces - Industrial

                Minimum required accessory off-street parking shall be
                provided as follows:

                        Use                      SpcsRpaq~qi red

3              ~~~~Industrial facility for   I       per employee on a
                production, processing            major shift, plus I
                assembly, compounding,            per company vehicle
                servicing, testing, repair        or mobile equipment
I             ~~~~or storage of materials or
                products, and accessory
*              ~~~~business offices

                Mini-warehouse facility      I       per employee, plus

        u                           E~~~~~~~~~   1~~~ per 5 storage areas

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          Warehouse, lumber or        I       per employee on a
          building material yard,           major shift, plus 1
          and similar storage               per company vehicle,
                                           plus 1 per 400 square
                                           feet of gross floor
                                           area

91-06      Required Spaces - Handicapped

          a.    For  nonresidential   uses,   minimum  accessory
                 off-street parking spaces for the handicapped
                 shall be provided as follows:

             Re_quired                    HandicapSpacesRepqui.red

              0  to  25                               1
             26  to  50                              2
             51  to  75                               3
             76  to 100                               4
            100  to 150                               5
            151  to 200                               6
            201  to 300                              7
            301  to 400                               8
            401 to 500 9
            501  to 1000                        2% of the total
            over 1000          20 plus 1 for each 100 over 1,000

           For  parking  lots with  5 or  less  spaces,  a 5 foot
           wheelchair access aisle shall be provided adjacent to
           a regular space, however, it need not be designated by
           signage. Handicap spaces in parking lots with 6 or more
           spaces must meet the signage requirements set forth in
           the Virginia Statewide Building Code.

91-07      Joint Use and Off-Site Facilities

           All required off-street parking spaces shall be located
           on the same lot as the use to which they are accessory
           or on a lot contiguous thereto which has the same zoning
           classification and is under the same ownership. Where
           there are practical difficulties or if the public safety
           or public convenience would be better served by another
           location, the Board, acting upon a specific application,
           may authorize such alternative location if:

           a.    such required spaces are located on land in the
                 same ownership as that of the land on which is
                 located the use to which such space is accessory
                 or, in the case of the cooperative provision of
                 parking spaces, in the ownership of at least one
                 of the participants in the combination, and

                               IX-6










                 b.    such required spaces are located within 300 feet
    I                  ~~~~~~walking distance of the entrance to the use that
                       such spaces serve.

5     ~91-08      Cooperative Parking Arrangements

                 Required off-street parking spaces may be provided
                 cooperatively for two or more uses, subject to legally
                  binding arrangements that will assure the permanent
                 availability of such spaces.

  3              ~~~~The amount of such combined space shall equal the sum
                 of the amounts required for the separate uses, except
                 that the Board, acting upon a specific application, may
                  reduce the total number of required spaces upon a
                 finding that the same spaces may adequately serve 2 or
                 more uses by reason of the hours of operation of such
  3              ~~~~~uses.

       91-09      Size of Space

  5              ~~~~An accessary off-street parking space shall he at least
                  200 square feet in area (10 x 20 feet) and a handicap
                  space at least 216 square feet in area (12 x 18 feet)
                  exclusive of aisle space and driveways, and shall be
                  connected to a street or alley by a paved driveway which
                  provides egress and ingress for a vehicle without
   3              ~~~~requiring another vehicle to be moved.

       91-10      Location of Parking

   3              ~~~~a.    Except as otherwise provided in this ordinance,
                        off-street parking spaces that are located on the
                        ground and are open to the sky may be located in
                        any required yard but not nearer to any front,
    I                  ~~~~~~side or rear lot line than ten feet.  In residence
                        districts, parking shall not be permitted in a
    3                   ~~~~~~required front yard.

                  b.    Parking structures shall be subject to the minimum
                        yard requirements applicable in the zoning
                        district in which located.   Parking structures
                        that are completely underground may be located in
                        any required yard, but not closer than one foot
    3                   ~~~~~~to any lot line.

                  C.    The parking  of any  commercial  vehicle  in any
                        residence district is prohibited.   A commercial
                        vehicle of not more than two and one-half tons
                        capacity (not to exceed manufacturer's gross
                        weight rating of 16,000 pounds GVW may be parked

                                      IX-7









                       in an enclosed garage.  A commercial vehicle of
                       one ton capacity or less (not to exceed manu-
                       facturer's gross weight rating of 10,000 pounds
                       GVW) may be parked to the rear of the rear line
                       of a main building in any residence district.

I     ~91-11      Performance Standards

                 Off-street parking spaces shall be designed and
  I             ~~~~constructed in accordance with the following provisions:

                 a.    All parking facilities shall be used only for the
    U                  ~~~~~~parking of vehicles in operating condition.   No
                       motor vehicle repair work except emergency service
                       shall be permitted in association with any
    *                   ~~~~~~required off-street parking facilities.

                 b.    The minimum aisle space  for 90 degree parking
                       shall  be 26 feet in width.   The minimum aisle
    I                  ~~~~~space for 60 degree parking shall be 23 feet in
                       width.   The minimum aisle space for 45 degree
                        parking shall be 20 feet in width. The minimum
    I                  ~~~~~~aislIe space f or 30 degree parking shall Ibe 17 f eet
                        in width.   The aisle width of any parking area
                        that the degree of angular parking varies from the
                        above, shall be calculated by using a ratio of the
                        specifications set forth above. In no case shall
                        the aisle width be less than 16 feet. The Zoning
                        Administrator may impose reasonable additional
                        requirements for fire lanes, loading zones and
                        travel ways in a particular case.

   3              ~~~~C.    The ground surface shall be paved with a durable,
                        dustfree and hard material , such as surface and
                        seal treatment, bituminous hot mix or portland
                        cement concrete or some comparable material. Such
                        paving shall be maintained for safe and convenient
                        use at all times.

   *              ~~~~d.    Fixed and permanent wheel  bumpers  or curbs of
                        concrete or some comparable material at least four
                        inches high shall be installed for each space so
                        that vehicles cannot encroach upon any public
                        right-of-way, or adjoining lot.  Parking spaces
                        shall be delineated and periodically restored to
                        maintain a clear identification of separate
                        parking stalls.
                  e.    The location and design of entrances and exits
    I                  ~~~~~shall afford maximum safety, and conform to the
                        applicable regulations and standards of the
                        Virginia Department of Transportation.  Accord-

                                      IX-8









                     ingly, there shall be one entrance and one exit,
                     or one combined entrance and exit, along any one
 I                  ~~~~~street; exits and entrances shall not be located
                     within 50 feet of a street intersection.   Exits
                     and entrances shall not exceed 50 feet in width.

I              ~~~~f.    The lot shall be drained to eliminate standing
                     water and prevent damage to abutting property,
                     public streets, and alleys.   off-street parking
                     areas shallI be maintained in a clean, orderly, and
                     dust-free condition at all times.

               g.-   Adequate lighting shall  be provided if parking
                     facilities  are to be used at night.   Lighting
                     facilities shall be arranged and installed, and
                     the light source shielded, to minimize glare on
                     adjacent property or streets and no lighting
                     fixture shall exceed a height of 30 feet in retail
                     and industrial districts and 15 feet in all other
                     districts.
               h.    All parking lots shall be arranged for functional
                     efficiency and convenience and in general shall
                     be designed to present a pleasing appearance so
                     as to reduce adverse impact on surrounding public
 *                   ~~~~~~or private property.

    91-12      Screening
3              ~~~~All open off-street parking facilities which are located
               either at natural grade or on a roof, shall be screened
               from all adjoining lots, including such lots situated
               across a street, by either:

               a.    A strip at least four feet wide, densely planted
                     with shrubs or trees which are at least four feet
 I                  ~~~~~high at the time of planting and which are of a
                      type which may be expected to form a year-round
                     dense screen at least six feet high within three
  I                  ~~~~~~years, or
               b.    A wall or barrier or uniformly painted fence of
                      fire-resistant material at least six feet high,
                     but not more than eight feet above finished grade
                      (or above the roof level, if on a roof).   Such
                     wallI, barrier or fence may be opaque or perforated
  I                  ~~~~~~provided that not more than 50 percent of the face
                      is open.   in addition,  such screening shall be
                     maintained in good condition at all times, may be
  I                  ~~~~~interrupted by normal  entrances  or exits,  and
                      shall have no signs hung or attached thereto
                      except one whose area does not exceed two square

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                             feet designating the entrance or exit to the
                             facility. Such sign shall not exceed six feet in

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Chapter 2  Off-Street Loading

92-01      Application

           All uses of land, buildings, or other structures
           established in any manner after the effective date of
           this Ordinance shall provide off-street loading space
           in accordance with the provisions of this Article.

           When  an  existing  use  of  land,  building  or  other
           structure is expanded or enlarged, off-street loading
           shall be provided for the entire use, building, or other
           structure as expanded or enlarged.

           Where fractional spaces result, the required number of
           off-street loading spaces shall be construed to be the
           next highest whole number.

92-02      Required Spaces

             Use               Floor Area         Spaces Required
                              (square feet]

             Retail,            2,000-10,000             1
             sales or service

             Eating places    10,000-20,000              2

             Wholesaling,      20,000-40,000             3
             Warehousing

             Manufacturing    40,000-60,000              4
             or industrial
             establishment    Each 50,000 over           1
                               60,000              additional

             Multiple           5,000-10,000             1
             dwellings,        10,000-100,000            2
             motel, hotel,
             and other uses    100,000-200,000           3
             offering sleeping Each 100,000 over
             accommodations,          20,000             1
             medical care                          additional
              facility or
              similar use or
             places of
              public assembly









                Funeral home         2,500- 4,000            1
                or mortuary          4,000- 6,000            2
    I                             ~~~~~~~~~Each 10,000 over
                                         6,000              1
                                                      additional
I              ~~~~If there is uncertainty with respect to the amount of
               loading space required by the provisions of this
               Ordinance as a result of an indefiniteness as to the
               proposed use, the maximum requirement for the general
               type of use that is involved shall govern.

              Where the required number of loading spaces is not set
               forth for a particular use in this Chapter, and where
               there is no similar type of use listed, the Zoning
               Administrator shall determine the basis of the number
               of spaces to be provided.
    92-03      Location of Loading Space
               All loading space shall be located on the same lot as
               the use served, but shall not be located within a
I             ~~~~required front yard.
    92-04      Mixed Uses in One Building
I              ~~~~Where a building or other structure is used for more
               than one use and where the floor area used for each use
               for which loading space is required is below the minimum
U             ~~~~for required loading spaces but the aggregate floor area
               used is greater than such minimum, then off-street
               loading space shall be provided as if the entire
U             ~~~~building were used for that use in the building for
               which the most spaces are required.

    92-05      Size of Space
               A loading space shall have a minimum area of 540 square
               feet, a minimum width of 12 feet, and a minimum depth
               of 35 feet, and a vertical clearance of 15 feet.
               A loading space for a funeral home may have a minimum
               width of 10 feet, a minimum length of 25 feet, and a
               vertical clearance of eight feet.

    92-06      Performance Standards
               a.    The ground surface shall be paved with a durable,
                     dustfree and hard material, such as surface and
                     seal treatment, bituminous hot mix or portland
                     cement concrete or some comparable material. Such



     ~~~~~~~~~~~IX1









                     paving shallI be maintained for safe and convenient
                     use at all times.

              .b.    The location and design of entrances and exits
                     shall afford maximum safety, and conform to
                     applicable regulations and standards of the
                     Virginia Department of Transportation.   Accord-
                     ingly, there shall not be an exit within 50 feet
 I                   ~~~~~~of a street intersection.

               C.    The loading facility shall be drained to eliminate
                     standing water and prevent damage to abutting
 U                  ~~~~~~property,  public  streets,  and  alleys.    The
                     facility shall be maintained in a clean, orderly,
                     and dust-free condition.

I              ~~~~d.    Adequate lighting shall be provided if the spaces
                     are to be used at night.   Lighting facilities
                     shall be arranged and installed, and the light
 I                  ~~~~~source shielded,  to minimize glare on adjacent
                     property or streets and no lighting fixture shall
                     exceed a height of 30 feet in a retail or
 3                   ~~~~~industrial  district,   and  15  feet  in  other
                     districts.

               e.    All   loading  spaces   shall  be  arranged  for
                     functional efficiency and convenience and in
                     general shall be designed to present a pleasing
                     appearance so as to reduce adverse impact an
                     surrounding public or private property.
               f.    No loading area shall be used to satisfy the space
                     requirement for any off-street parking facilities,
                     and nio loading area shall be so located as to
                     interfere with the free circulation of vehicles
 3                   ~~~~~~in any off-street parking area.

               g.    No motor vehicle repair work,  except emergency
                     service, shall be permitted in association with
 U                  ~~~~~~any loading facility.
    92-07      Screening
I              ~~~~All open off-street loading spaces shall be screened
               from all adjoining lots, including such lots situated
3              ~~~~across a street, by either:

               a.    A strip at least four feet wide, densely planted
                     with shrubs or trees which are at least four feet
 3                   ~~~~~high at the time of planting and which are of a
                     type which may be expected to form a year-round

     ~~~~~~~~~~~IX1








                   dense screen at least six feet high within three
                   years, or
             b.    A wall or barrier or uniformly painted fence of
                   f ire-resistant material , at Ileast six feet but not
                   more than eight feet above finished grade. Such
                   wall, barrier, or fence may be opaque or per-
                   forated provided that not more than 50 percent of
                   the face is open.   In addition, such screening
I                  ~~~~~shall  be maintained  in good  condition  at all
                   times, may be interrupted by normal entrances and
                   exits, and shall have no signs hung or attached
                    thereto except one whose area does not exceed two
                   square feet designating the entrance or exit to
                   the facility. Such sign shall not exceed six feet
                   in height above street level.

















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                      ARTICLE X   ADMINISTRATION


   Chapter I Enforcement and Administration

   101-01     Enforcement

              This Ordinance shall be enforced by a County official
              known as the Zoning Administrator who shall be appointed
              by the Board of Supervisors and shall serve at their


*              ~~~The  Zoning  Administrator  shall  have  all  necessary
              authority on behalf of the Board of Supervisors to
              administer and enforce the provisions of this Ordinance.
              Such authority shall include (a) the writing of orders
              to remedy any violation of this Ordinance; (b) the
              bringing of legal action to insure compliance with this
              Ordinance including all appropriate actions and
              proceedings.
   101-02     Duties of Zoning Administrator

              Among other duties, the Zoning Administrator shall
              perform the following:

I              ~~~~a.    Maintain an accurate record of all amendments to
                    the text and maps of this Ordinance.

I              ~~~~b.    Maintain  and process  all  applications  for the
                    Architectural Review Board, building permits,
                    conditional   uses,   development   plan   review,
                    subdivision plats, certificates of occupancy,
                    appeals to the Board of Zoning Appeals, and all
                    other appeals of a decision or interpretation, and
                    maintain an accurate thereof.

              C.    Review for completeness and compliance with the
                    provisions of this Ordinance all site plans,
 U                  ~~~~~subdivision  plats,  certificates  of  occupancy,
                    building permits and all other applications
                    required by this Ordinance unless otherwise
                    provided, and maintain an accurate record thereof.
              d.    Conduct  inspections  of  buildings  and  other
                    structures, and uses of land to determine
                     compliance with the provisions of this Ordinance.
              e.    Enforce  the decisions  of  the Board  of Zoning

                    Appeals.


     U~~~~~~~~~~~-









               f.    Administer and enforce the provisions of Article
                     VI, Nonconforming uses.

               g.    Perform such other duties and functions as are
                     required by the provisions of this Zoning
 *                   ~~~~~~ordinance.

    101-03     interpretations of Zoning Ordinance

I              ~~~~All questions involving the interpretation of any of the
               provisions of the Zoning Ordinance, including words and
               phrases, whether or not herein defined, shall be the
I             ~~~~responsibility of the Zoning Administrator.
    101-04     Filing of Applications and Appeals

I              ~~~~Applications and appeals required by the provisions of
               this Ordinance shall be filed with the Zoning
               Administrator. To be acceptable, all applications shall
I             ~~~~be in accordance with the applicable provisions of this
               ordinance and accompanied by a fee in an amount
u              ~~~~specified in Article IX, Chapter 7.

               All applications and appeals shall specify the informa-
               tion required by the Zoning Administrator as necessary
               to reasonably enforce the provisions of this ordinance.













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   Chapter 2  Building Permits and Certificate of Occupancy

   102-01     Building Permits

              A building permit shall be required before any building
              or other structure may be erected, altered, converted,
              reconstructed,  relocated, extended or enlarged.   When
              issued, such permit shall be valid for not more than six
              months, unless otherwise provided.

   102-02     Manufactured Home - Placement Permit

*              ~~~~No manufactured home shall be placed for occupancy in
              a manufactured home subdivision or park without the
              issuance of a placement permit from the Zoning
              Administrator. Separate permits shall not be required
              for each home as authorized in an approved manufactured
              home subdivision or park or as authorized within the
              limits of such subdivision or park as established prior
              to the enactment of applicable zoning regulations.
    102-03     Existing Permits

              No building permit lawfully issued prior to the
              effective date of this ordinance, and in full force and
               effect at said date, shall be invalidated by the passage
               of this ordinance, or any amendment, but shall remain
              a valid permit, subject only to its own terms and
              provisions and Ordinances, rules, and regulations
I             ~~~~pertaining thereto, and in effect at the time of the
               issuance of such permit, provided, that all such permits
              shall expire not later than six months from the
I             ~~~effective  date  of  this  Ordinance,   unless  actual
              construction shall have begun and continued pursuant to
               the terms of said permit.

    102-04     Plans to Accompany Applications for Permits

              All applications for a building permit shall be
               accompanied by a development plan in accordance with
               provisions of Article I, Chapter 5 of this Ordinance in
              duplicate or as required by the Zoning Administrator.
               Among other things, the plan shall show appropriate
               dimensions, all pertinent environmental data, and such
               other  information  as may  be deemed  necessary.   if
               necessary, in a specific case, a boundary survey and a
               staking of the lot by a competent surveyor and complete
               construction plans may also be required.   A careful
               record of the original copy of such applications and
I             ~~~plans  shall  be kept  in  the  offices  of  the  Zoning
               Administrator and a duplicate copy shall be kept at the
               building site at all times during construction.   In a

                                  X-3








               particular case, the Zoning Administrator may waive the
               requirement for plans when such plan is clearly
I             ~~~~unnecessary to a decision or the record on the case.
    102-05     Certificates of Occupancy
U              ~~~~No vacant land shall be occupied or used, except for
               agricultural uses associated with the operation of a
               farm, until a certificate of occupancy shall have been
               issued by the Zoning Administrator.
               No building or other structure shall be used, occupied,
               or changed in use, until a certificate of occupancy
               shall have been issued by the Zoning Administrator,
               stating that the building or other structure or proposed
               use of a building or other structure complies with the
               building laws and the provisions of this ordinance.
               A certificate of occupancy shall be applied for along
I             ~~~~with the application for a building permit and shall be
               issued within 10 days after the erection or structural
               alteration of such buildings or other structures shall
I             ~~~~have been completed in accordance with the provisions
               of this Ordinance.
               A certificate of occupancy may be issued for a part of
I             ~~~~a building or other structure or development or section
               thereof completed in accordance with the provisions of
               this ordinance even though the entire building or other
I             ~~~~structure or development or section thereof has not been
               completed provided that the Zoning Administrator finds
               that such occupancy is consistent with the public
I             ~~~~health, safety and welfare.  No permit for excavation
               for any building or other structure shall be issued
               before application has been made for a certificate of
               occupancy.
               A certificate of occupancy shall be required of all
               nonconforming uses.   Application for such certificate
                shall be filed with the Zoning Administrator within 12
               months from the effective date of this ordinance.

*              ~~~~The  Zoning  Administrator may  issue  a temporary  and
               contingent certificate of occupancy for a period not to
               exceed six months where, because of the unusual nature
               of the uses, a trial period of operation is in the
I             ~~~~Zoning Administrator's opinion the most appropriate way
               to determine actual compliance with the provisions of
1              ~~~~this ordinance.
               The Zoning Administrator may require the applicant to
               post a bond with adequate security to guarantee the
                                   X- 4




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                completion by a specific time of site improvements
                related to the buildings and structures for which a
    I ~~~~certificate is sought.
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    Chapter 3 Board of Zoning Appeals

    103-01     Membership

               a.    A Board of Zoning Appeals (hereafter referred to
                     as the Board) shall consist of five or seven
                     members who are residents of the County, and shallI
                     be appointed by the Circuit Court of the County.
                     The Board shall serve without pay other than for
 I                  ~~~~~~usual   expenses   associated   with  membership.
                     Members shall be removable for cause upon written
                     charges and after public hearing.   Appointments
 I                  ~~~~~for  vacancies   occurring  otherwise  than  by
                     expiration of term shall in all cases be for the
                     unexpired term.

I              ~~~~b.    The term of office shall be for five years; except
                     that the first term of the sixth and seventh
                     members appointed shall be for a term of five
 U                  ~~~~~~years and four years respectively.   one of the
                     seven members shall be an active member of the
                     County Planning Commission.
               C.    Board members shall  disqualify themselves from
                     participating in any way upon a matter before the
                     Board in which their financial interests or those
                     of their immediate family are directly involved.
               d.    The Board shall elect annually its own chair and
                      vice-chair who shall act in the absence of the

3              ~~~~e.    Through its chair, the Board may administer oaths
                     and compel the attendance of witnesses.

    103-02     Powers and Duties
               Pursuant to the authority granted by the Code of
               Virginia, Chapter 11, Article 8, Section 15.1-494 and
               following, the Board shall, after public notice and
               hearing, have the power:

*              ~~~~a.    To  hear  and  decide  appeals  from  any  order,
                     requirement,    decision,    interpretation,    or
                     determination made by an administrative officer
                     in  the  administration  or  enforcement  of  this
                     Ordinance.
               b.    To  authorize  upon  appeal  and  application  in
 U                  ~~~~~specific cases such variance from the terms of
                     this Ordinance as will not be contrary to the
                     public interest, when owing to special conditions,
     U                             ~~~~~~~~~~X-6









                     a literal enforcement of its provisions will
                     result in unnecessary hardship; provided, that the
 I                  ~~~~~spirit of this ordinance shall be observed and
                     substantial justice done in accordance with the
                     provisions of this ordinance.

I              ~~~~C.    To hear and decide all other matters referred to
                     and upon which it is required to pass by the
                     provisions of this Ordinance.

               d.    To make, alter and rescind rules and forms for its
                     procedures, consistent with the ordinances of the
                     County and the general laws of the State.
               e.    The Board shall keep minutes of its proceedings,
                     showing the vote of each member upon each
                     question, or if absent or failing to vote,
                     indicating such fact.  It shall keep records of
                     its examinations and other official actions, all
 I                  ~~~~~~of which shall be immediately filed in the office
                     of the Board and shall be a public record.

*              ~~~~f.    To prescribe procedures for the conduct of public
                     hearings that it is required to hold.

               g.    To employ or contract for, within the limits of
                     funds appropriated by the Board of Supervisors,
                     secretaries, clerks, legal counsel, consultants
 3                   ~~~~~~and other technical and clerical services.
               h.    To perform those additional activities set forth
                     in this ordinance.

    103-03     Application for a Variance
               An application for a variance shall be filed with the
I             ~~~~Zoning Administrator on forms furnished by the County
               and shall include such information as the Zoning
               Administrator shall require as necessary to enforce the
               provisions of this Ordinance.
    103-04     Standards for Variances
U              ~~~~Variances may be granted by the Board only after making
               specific findings of fact based on the evidence before
3              ~~~~it that:

               a.    The property was acquired in good faith.
3              ~~~~b.    On  the effective  date  of this  Ordinance,  the
                     property is:

     I~~~~~~~~~~~-








                    (1)   exceptionally narrow, or
                    (2)   exceptionally shallow, or
                    (3)   of exceptional size, or
 I                  ~~~~~(4)   exceptionally shaped, or
                    (5)   has exceptional topographic conditions; or
                          other extraordinary situation or condition,
                          of the use or development of property
                          immediately   adjacent   to   the   subject
                          property.
              C.    The condition or situation of the subject property
                    or the intended use of the property is not of so
                    general or recurring a nature as to make reason-
                    ably practicable the formulation of a general
                    regulation to be adopted by the Board of Super-
                    visors as an amendment to this Ordinance.
              d.    The strict application of this Ordinance would
                    produce undue hardship, and such undue hardship
                    is not shared generally by other properties in the
                    same zoning district and the same vicinity.
I              ~~~~e.    The strict application of this Ordinance would
                    effectively prohibit or unreasonably restrict all
                    reasonable use of the property, and the granting
 I                 ~~~~~of a variance will  alleviate a clearly demon-
                    strable hardship approaching confiscation as
                    distinguished from a special privilege or
 I                 ~~~~~~convenience sought by the applicant.
              f.    Authorization  of  the  variance  will  not  be  a
                    substantial detriment to adjacent property; the
                    character of the zoning district will not be
                    changed by the granting of the variance; and the
                    variance will be in harmony with the intended
                     purposes of this Ordinance and in keeping with the
                    public interest.

   103-05     Conditions for Variances
              Any variance granted by the Board shall be the minimum
              variance necessary to afford relief, and to this end,
U             ~~~~the Board may permit a lesser variance than applied for.
              The Board may also prescribe such conditions or
               restrictions applying to the grant of a variance as it
I            ~~~~may deem necessary in the specific case, in order to
              minimize the adverse effects of such variance upon other
              property  in  the  neighborhood.    Such  conditions  or
     1~~~~~~~~~~~-









                 restrictions shall be incorporated into the building
                 permit and certificate of occupancy. Failure to comply
  I             ~~~~with such conditions or restrictions shall constitute
                 a violation of this Ordinance, and may constitute the
                 basis for denial or revocation of a building permit or
                 certificate of occupancy and for all other applicable
                 remedies.
      1.03-06    Lapse of Variance

                 A variance granted under the provisions of this
                 Ordinance shall automatically lapse if substantial
  I             ~~~~construction,  in accordance with the plans for which
                 such variance was granted, has not been completed within
                 one year from the date of granting such variance or, if
                  judicial proceedings to review the Board's decision
                 shall be instituted, from the date of entry of the final
                  order in such proceedings, including all appeals.

1     ~103-07      Variances Not Authorized

                  No variance shall be granted that would have the effect
                  of:

                  a.    increasing  the  density  permitted  in a zoning
    3                   ~~~~~~district; or
                  b.    affecting a non-conforming use; or

                  C.    permitting any use not specified by the provisions
                        of this Ordinance in the zoning district in which
                        the property is located; or

  I              ~~~~d.    altering  any  definition  set  forth  in  this
                        Ordinance, or

  I              ~~~~e.    permitting a sign contrary to the provisions of
                        this Ordinance.

       103-08     Appeals

                  An appeal to the Board may be taken by any person
                  aggrieved or by any officer, department, board or bureau
                  of the County affected, by any decision of the Zoning
                  Administrator, or from any order, requirement, decision
                  or determination made by any other administrative
   I             ~~~~officer in the administration or enforcement of this
                  Ordinance. Such appeal shall be taken within 30 days
                  after the decision appealed from by filing with the
   I             ~~~~Zoning Administrator and with the Board, a notice of
                  appeal  specifying  the grounds  thereof.   The Zoning
                  Administrator shall forthwith transmit to the Board all

                                      X-9








              papers constituting the record upon which the action
              appealed  from was taken.   An appeal  stays  all  pro-
*              ~~~~ceedings in the furtherance of the action appealed from,
              unless the Zoning Administrator certifies to the Board
              after the notice of appeal shall have been filed that
              by reason of facts stated in the certificate, a stay
I             ~~~~would cause imminent peril to life or property.  In such
               case proceedings shall not be stayed except by a
               restraining order which may be granted by the Board or
               a court of competent jurisdiction.
    103-09      Hearing and Decision
I             ~ ~~~The Board shall fix a reasonable time for the hearing
               of the application or appeal, give public notice thereof
               as required by law, as well as due notice to the parties
               in interest, and decide the same within 90 days of the
               filing of the application or appeal. Upon the hearing
               any party may appear in person or by agent or by
I             ~~~~attorney.  In exercising its powers, the Board may, in
               conformity with the provisions of this ordinance,
               reverse, affirm, or modify, an order, requirement,
               decision or determination appealed from and may make
               such order, requirement, decision of determination as
               ought to be made and to that end shall have all the
               powers of the officer from whom the appeal is taken.
I             ~~~~The concurring vote of a majority of the membership of
               the Board shall he necessary.










     I~~~~~~~~~~X1









   Chapter 4 County Planning Coimmission

   104-01     Membership

              Pursuant to the authority granted by the Code of
              Virginia, Chapter 11, Article 3, the Richmond County
              Planning Commnission (hereafter referred to as the
              Commission) shall advise the Board of Supervisors on all
              matters related to the orderly growth and development
I             ~~~~of the County,  including,  but not  limited to,  the
              general location and character of streets, public
*              ~~~~utilities and services.

               Provisions relating to membership such as terms,
               qualifications, compensation, etc., are as specified in
3              ~~~~Section 15.1-437 of the Code of Virginia.

    104-02     Powers and Duties

I              ~~~~With advice and assistance from the County's staff, the
               Commission shall prepare and recommend for approval to
               the Board of Supervisors those planning items as
U             ~~~~specified and set forth in the following Articles of
               Chapter 11 of the Code of Virginia:

               a.    Article 4, The Comprehensive Plan

               b.    Article 5, The Official Map

I              ~~~~C.    Article 6, A Capital Outlay Program

               d.    Article  7,  Land  Subdivision  and  Development
 *                  ~~~~~~Ordinance
               e.    Article 8, A Zoning Ordinance and Map

I              ~~~~In addition, the Commission shall:

               f.    Exercise  general   supervision  of,  and  make
                     regulations for, the administration of its

*              g~~~~. Prescribe rules pertaining to its investigations
                     and hearings;

               h.    Supervise its fiscal affairs and responsibilities,
                     under rules and regulations as prescribed by the
                     governing body;

3              1~~~~. Keep a complete record of its proceedings; and be
                     responsible for the custody and preservation of
                     its papers and documents;









                  j. Make recommendations and an annual report to the
                      governing body concerning the operation of the
                     Commission and the status of planning within its
                      jurisdiction.

I               ~~~~k.    Prepare,  publish and distribute  reports,  ordi-
                     nances, and other material relating to its
 *                    ~~~~~~activities.
               1.    Prepare and submit an annual budget in the manner
                      prescribed by the governing body of the County;
 I                   ~~~~~~and
               M.     If  deemed  advisable,   establish  an  advisory
 3                    ~~~~~~committee or committees.
















     I~~~~~~~~~~X1









   Chapter 5  Amendments to the Zoning ordinance

    105-01     Who May Amend

               This Ordinance including the zoning map may be amended
*              ~~~~only by the:
               a.    Commission by adoption of a motion to amend; or

U              ~~~~b.    Board of Supervisors by adoption of a resolution
                     to amend; or

3              ~~~~C.    Property owner, contract purchaser, or agent with
                     the owner's written consent by filing an applica-
                     tion to amend with the Zoning Administrator in a
                     manner prescribed in this Chapter by the Zoning
                     Administrator.

    105-02     Application Requirements

               All applications for amendments to the zoning map
               initiated as prescribed in 105-01, paragraph c above
               shall include:
               a.    Four copies of an application an forms provided
 3                   ~~~~~by  the  County,  completed  and  signed  by  the
                     applicant.

               b.    Four copies of a plat of the subject property with
 I                  ~~~~~~the boundaries outlined in red.  The plat shall
                      show:

                      (1)   Metes and bounds of all property lines, and
                            bearings and distances of each zoning
                            district.
 1                   ~~~~~~(2)   Total area of property presented in square
                            feet or acres,

 3                   ~~~~~~(3)   Scale and north arrow,

                      (4)   Location  of  all  existing  buildings  and
   *                        ~~~~~~~structures,

                      (5)   Names  and route numbers  of all boundary
                            roads or streets, and the width of existing
                            right(s)-of-way, and the
                      (6)   Signature of the person preparing the plat.




     I~~~~~~~~~~X1









              C.    Four  copies  of  a  legal  description  of  the
                    property, including metes and bounds of each
                    zoning district proposed.
   105-03     Referral to Commnission and Public Hearing

              The Board of Supervisors shall refer all proposed
              amendments of this Ordinance or map to the Commission
              for its recommendation and report.   Before submitting
I             ~~~~its recommendation, the Commission shall give notice and
              hold a public hearing. Notice of such hearing shall be
              given by publishing the time, place, and nature of the
I             ~~~~hearing  once a week  for two successive weeks  in a
              newspaper published or having general circulation in the
              County, provided that such notice for both the Commis-
              sion and the Board of Supervisors may be published
              concurrently. The public hearing shall be held not less
              than six nor more than 21 days after final publication.
               in addition, the Commission shall cause the date, time,
               place, and nature of the hearing to be posted con-
              spicuously on the property under consideration in
               accordance with the rules of the Commission and a
*              ~~~~certificate of posting shall become a part of the record
               of the hearing. The published and posted notices shall
               contain reference to the place within the County where
               the plans, ordinances, or amendments may be examined.

               Before approving any proposed amendment, the Board of
               Supervisors shall hold a public hearing, notice of said
I             ~~~~hearing to be accomplished by publication in a newspaper
               as prescribed above. The Commission and the Board of
               Supervisors may hold a joint public hearing after public
               notice as set forth herein. If such joint hearing is
               held then public notice as set forth above need be given
               only by the Board of Supervisors.   If an advertised
               hearing is continued or deferred, notice shall be
               repeated for the new hearing.

               When a proposed amendment  involves  a change in the
               zoning classification of 25 or less parcels of land,
               then, in addition to the advertising as above required,
               written notice shall be given at least five days before
               the hearing to the owner, agent, or the occupant, of
               each parcel involved, and to the owner, agent or the
               occupant of all abutting property and property
               immediately across the street or road from the property
I             ~~~~affected,  including those properties in an adjoining
               jurisdiction.   Notice sent by registered or certified
               mail to the last known address of such owner as shown
I             ~~~~on the current real estate tax assessment books shall
               be deemed adequate compliance with this requirement.
               if the hearing is continued, notice shall be remailed.

                                  X- 14









                 Costs of any notice hereunder shall be charged to the
  5              ~~~~applicant.

                .When a proposed amendment of this ordinance involves a
                 change in the zoning map classification of more than 25
                 but less than 500 lots, then, in addition to the
                 advertising as above required, written notice shall be
                 given by the Commission at least five days before the
                 hearing to the owner, or agent of each lot involved.
  U             ~~~~One notice sent by first class mail to the last known
                 address of such owner as shown on the current real
                 estate tax assessment books shall be deemed adequate
  I             ~~~~compliance  with  this  requirement,  provided  that  a
                 representative of the Commission shall make affidavit
                 that such mailings have been made and file such
                 affidavit with the other documents in the case. Nothing
                 in this paragraph shall be construed to invalidate any
                 subsequently adopted amendment or ordinance because of
                 the inadvertent failure by the representative of the
                  Commission to give written notice to the owner or agent
                 of any lot involved.

                 The Commission shall report its recommendations to the
                 Board of Supervisors. The proposed amendment shall be
                 deemed approved if the Commission fails to report within
                 90 days of the meeting at which the proposed amendment
                 was referred to it.
5     ~105-04      Commission Report
                 The Commission need not confine its recommendation to
                 the proposed amendment as set forth in the application
  I             ~~~~or resolution.   If the proposed amendment consists of
                  a change in the text of this Ordinance, it may recommend
                  a revision to the proposal. If the proposed amendment
                  consists of a change in zoning district boundaries, it
                 may reduce or enlarge the extent of land that it
                  recommends  be  rezoned.    Also  the  Commission  may
                  recommend that the land be rezoned to a different zoning
  I             ~~~~district  classification  than  that  requested  if,  in
                  either case, the Commission is of the opinion that such
                  revision is in accordance with sound zoning practice and
                  is in furtherance of the purposes of this Ordinance.
                  Before recommending a larger extent of land ora
                  rezoning to a less restrictive zoning district
                  classification than was set forth in the application,
  I             ~~~~the Commission shall  hold a further hearing  on the
                  matter, after notification has been made in accordance
  3              ~~~~with the provisions of this Chapter.

                  In recommending the adoption of any amendment of this
                  Ordinance, the Commission shall state its reasons for

                                     x-15









              such recommendation, describing any changes in con-
              ditions, if any, that it believes make the amendment
I            ~~~~advisable and specifically setting forth the manner in
              which, in its opinion, the amendment would be in harmony
              with the adopted comprehensive plan and would be in
*              ~~~~furtherance of the purpose of this ordinance.

   105-05     Withdrawal of Application

I              ~~~~Applications for a change in zoning may be withdrawn
              from consideration before the first notice of a public
              hearing thereon has been published and fees refunded if
I             ~~~~no administrative costs are incurred.  Applications for
              a change in zoning which are withdrawn after first
              publication shall be considered as denied for the
              purpose of the one year limitation on reconsideration
              as provided in this Chapter.
   105-06     Action By Board of Supervisors

              The Board of Supervisors shall act on all requests for
              amendments within one year of the date of filing or such
I             ~~~~amendment shall be deemed approved.
               In determining what, if any, amendments to this
              ordinance are to be adopted, the Board of Supervisors
              shall give due consideration to (a) the proper relation-
              ship of such amendments to the comprehensive plan, (b)
               the integrity and validity of the zoning districts
I             ~~~~herein described, and (c) avoiding unplanned spot-zoning
               changes in the zoning district map. Moreover, the Board
               of Supervisors recognizes that no one has the right to
I             ~~~~an indefinite continuation of any zoning regulation or
               classification which is contrary to the laws of the
               Commonwealth, the comprehensive plan or changed
               conditions or standards. Any amendments adopted by the
               Board of Supervisors may be modified from the form in
               which they were advertised within the limits necessary
               to relate such amendments to the zoning plan and this
I             ~~~~Ordinance.   However, no land may be zoned to a more
               intensive use classification than was contained in the
               public notice without an additional public hearing after
               notice as provided in this Chapter.
    105-07     Limitation on Rehearing
*              ~~~~Whenever an application for an amendment has been denied
               by the Board of Supervisors another application
               concerning the same property and the same or sub-
I             ~~~~stantially similar zoning classification shall not be
               reheard for a period of 12 months after the date of
               denial.

                                  X- 16









   Chapter 6 Violations and Penalties

   106-01      Violations
              a.    In case any lot, building or other structure is
                    erected, constructed, altered, repaired, con-
                    verted, or used in violation of this Ordinance,
                    the Zoning Administrator is authorized and
                    directed to institute any appropriate action to
 I                  ~~~~~~terminate such violation.  After learning of such
                    violation, the Zoning Administrator shall serve
                    notice on the person committing or permitting the
 I                  ~~~~~~violation.  if the violation has not ceased within
                    a reasonable time specified by the Zoning
                    Administrator, action appropriate to terminate the
                    violation shall be taken.

              b.    Where there is reasonable cause to believe that
                     violation of this Ordinance has occurred, the
 I                  ~~~~~~Zoning Administrator or his authorized representa-
                     tive may, with the written consent of the owner
                     or occupier of the premises in question on a form
 I                  ~~~~~provided by the Zoning Administrator,  enter the
                     premises for the purposes of inspection.   Where
                     permission to enter is withheld, the Zoning
                     Administrator shall seek a court order from the
 I                  ~~~~~~General  District  Court  of Richmond County.   A
                     search warrant from a magistrate of the juris-
 *                    ~~~~~~diction may be appropriate.

    106-02      Penalties
*              ~~~~Any person who shall violate or fail to comply with any
               of the provisions of this Ordinance, or who shall use
               any land or build or alter any building or other
               structure in violation of any detailed statement or plan
               submitted and approved hereunder shall be guilty of a
               misdemeanor and shall be liable to a fine of not less
               than ten dollars nor more than one thousand dollars.
I              ~~~~Each  day  such  violation  exists  shall  constitute  a
               separate offense. The owner or any person acting for
               the owner who assists in the violation of this
               Ordinance, shall be guilty of a separate offense and
               upon conviction, fined as herein provided.




    U~~~~~~~~~~X1









   Chapter 7  Fees

   107-01      Applicability

               All applications and appeals provided for by the
               provisions of this Ordinance shall be accompanied by a
               filing fee as follows:
I                ~~~~~Application for a building or other permit    $50

                 Application for a certificate of occupancy    $50

                 Application to change nonconforming use            $75

                 Application to the ARB                             $50

I                ~~~~~Appeal from an order, decision,
                 requirement, or interpretation                    $50
I                ~~~~All administrative action requiring
                 notice and publication in a newspaper            $300
                 All other administrative action                  $ 50

                 Government entities shall not be
*                ~~~~~required to pay a fee.















    I~~~~~~~~~~X1









                              and that the proposed method of
                              operations and the final elevation of
 I                           ~~~~~~~~the pit will not undermine or cause
                              settlement   to   nearby   streets,
                              buildings or other structures, or
 *                            ~~~~~~~~~installations.

                        (b)   That the applicant submits a plan for
                              the rehabilitation of the lot to be
                              undertaken after the completion of the
                              excavation   operations   which   is
                              satisfactory    to    the    Zoning
 I                           ~~~~~~~~Administrator or the Commission and
                              posts a bond, in an amount to be
                              determined for the performance of such
                               rehabilitation.
                         (c)   That the entire perimeter of the lot,
                               except for necessary truck roads, is
                               fenced, including locked gates, so as
                               to prevent children from gaining
 *                            ~~~~~~~~~access to the excavated areas.

                         (d)   That the vehicular entrances or exits
                               shall not be located within 100 feet
 U                            ~~~~~~~~of an entrance or exit intended for
                               the use of children attending schools,
                               public parks, or public playgrounds.
I                        ~~~~~~~~(e)   That one accessory off-street parking
                               space is provided for every employee.

                         (f)   Any  building  or  other  structure
                               containing power producing machinery
                               or equipment shall be located at least
                               600 feet from all lot lines except
                               when adjoining an industrial district.-

                         (g)   The  location  and  design  of  all
                               interior driveways and entrances and
                               exits shallI be regulated in accordance
                               with the provisions of Section 91-11
                               herein.
                         (h)   Screening   shall   be  provided   in
                               accordance  with  the  provisions  of
                               Section 91-12 herein.
                         (i    The operation is operated in such a
 I                           ~~~~~~~~manner as to eliminate,  as far as
                               practicable, allI injurious or annoying
                               noise, vibration, dust and glare. AllI








                                    drilling, blasting, or excavation
                                    operations shallI be Ilimited to Mondays
       U                           ~~~~~~~~~through Fridays between the hours of
                                    8:00 a.m. and 5:00 p.m.  Excavation
                                    operations shallI be undertaken in such
                                    manner as to avoid the creation of
                                    undrained pockets and the formation
                                     of stagnant pools. When topographical
                                     conditions   make   such   compliance
       I                           ~~~~~~~~~impossible,   all  pools  of  water
                                     resulting from surface drainage shall
                                     be sprayed to eliminate breeding
       I                           ~~~~~~~~~places   for  mosquitoes   or  other
                                     insects.
                                  () At the expiration  of the building
       I                          ~~~~~~~permit,  or  of  the  cessation  of
                                     operation for 12 consecutive months,
                                     the operation shall not resume and the
       I                           ~~~~~~~~~land shall be restored in accordance
                                     with the approved rehabilitation plan
                                     required in paragraph (b) above.
                  y.    Aquaculture, subject to the provisions of Article
                        I, Chapter 5, Development Plan Review, herein.

U     ~23-03      Bulk Regulations
                  The following bulk regulations shall apply in a RA
                  district subject also to the provisions of Article I,
                  Chapter 4, herein:

   *              ~~~~a.    Minimum Lot Area:
                           Dwellings              1 acre per dwelling unit
                          Manufactured homes  I   acre per manufactured
                                                  home
                           Places of worship      3 acres
                           Schools                5 acres
     I                   ~~~~~~other permitted
                            uses unless
                            otherwise
     *                     ~~~~~~~provided        lacre








        1                             11~~~~~~~~~I-16










b.    Minimum Lot Width:

        Dwellings              150 feet
       Manufactured homes    150 feet
        Places of worship      300 feet
        Schools                300 feet
        Other permitted
         uses unless
         otherwise
         provided              200 feet

      Waterfront lots shall provide an equivalent lot
      width measured along the water body, beach, or
      wetland unless otherwise approved as part of a
      cluster or planned development or subdivision.

c.    Minimum front yard for all uses shall be 100 feet.

d.    Minimum side yards for all uses shall be 70 feet
      for each side yard.

e.    Minimum rear yard for all uses shall be 100 feet.

f.    Minimum  spacing  between  buildings  or  others
      structures shall be equal to the height of the
      adjacent tallest building or other structure or
      the required yard dimensions, whichever is
      greater.

g.    Maximum density for all dwellings and manufactured
      homes shall be one acre per dwelling unit.

h.    Maximum height for all dwellings and manufactured
      homes shall be 35 feet and 45 feet for all other
      permitted buildings or other structures, except
      signs.

i.    Cluster development of single family dwellings and
      manufactured homes shall be in accordance with the
      provisions  of  Article  I,  Chapter  5  herein,
      Development Plan Review, and the appropriate
      provisions of the County Subdivision Ordinance.
      Cluster developments shall have:

      (1)   a minimum lot area of 20 acres and

      (2)   a minimum lot width of 150 feet.

j.    Permitted obstruction in yards shall include:

      (1)   unenclosed porches, terraces,  open decks,
            uncovered steps, fire escapes, planting

                   11-17








                         boxes, balconies, or air conditioning units,
                         and the like, and may project not more than
                         6 f eet;
                   (2)   cornices, awnings, canopies,  and the like
                         if at least 10 feet above finished grade
                         level, and may project not more than 3 feet;
                   (3)   sills, leaders, belt courses, and the like,
I                       ~~~~~~~and may project not more than 2 inches;
                   (4)   bay windows, chimneys, and the Ilike, and may
I                       ~~~~~~~project not more than 3 feet;
                   (5)   accessory signs, but at least 10 feet from
I                       ~~~~~~~any lot line;
                   (6)   accessory  uses  in  accordance  with  the
                         definition of accessory use in Article I,
                         Chapter 2, herein; and
                   (7)   the  use  of  land  in accordance  with  the
I                       ~~~~~~provisions   of  Article   I,  Chapter   4,
                         Additional Bulk Regulations, herein.












  ~~~~~~~~~~~IIi









                      ARTICLE III    RESIDENCE DISTRICTS

I     ~Chapter I  GRI  General Residence I District

       31-01      Purpose

                  A General Residence I District is designed to provide
                  land for all types of residential uses, accessory uses,
                  and compatible public and private associated uses at
  I             ~~~~densities comparable to one dwelling unit per acre.  The
                  overall density of residential use within this district
                  would not be affected by the type of residential use
   I             ~~~~constructed.  Such a district allows for flexibility in
                  the type of construction at the same time controlling
                  overall density and spacing between buildings.

1     ~31-02       Permitted Uses

                  only the following uses shall be permitted in a GRI
                  district subject to the provisions of Article I, Chapter
                  5, Development Plan Review and Article VIII, Chapter 2,
                  Chesapeake Bay Preservation District herein; and except
   1             ~~~~as otherwise provided for cluster and planned develop-
                  ment herein, the provisions of Article IV, Design
                  Standards, of the Richmond County Subdivision Ordinance
   3              ~~~~shall apply.

                  a.    Agriculture,  limited  to  the  tilling  of  soil,
                         raising crops, truck gardening, orchards, or
                        nurseries.
                  b.    Game preserves, wildlife sanctuaries, and fishery
                         uses.
                  C.    Single  family, two  family,  or multiple  family
    3                   ~~~~~~dwellings, attached or detached.

                  d.    Accessory uses.

   I              ~~~~e.    Home occupations.

                   f.    Off-street parking, subject to the provisions of
    3                   ~~~~~~Article IX herein.   However, off-street parking
                         shall not be provided on a townhouse lot.

                   g.    Accessory signs as follows, and subject also to
     I                  ~~~~~~the provisions of Article I, Chapter 3 herein:

                         (1)   One nameplate with indirect illumination and
      I                       ~~~~~~~with an area not exceeding one square foot
                               for dwellings and home occupations.



        I~~~~~~~~~~~I-









                   (2)   one non-illuminated "for sale" or "~for rent"
                         sign       w      iha ranot exceeding four square


                   (3)   One  identification  sign  with  indirect
 I                      ~~~~~~~illumination for all other permitted uses
                         including subdivisions with an area not
                         exceeding 20 square feet.

I                  ~~~~~(4)   Non-illuminated security and warning signs
                         without limitation as to number, but with
 3                       ~~~~~~~an area not exceeding one square foot.

                   (5)   One   non-illuminated   sign   erected   in
                         connection   with  new   construction  and
                         displayed only during the time that actual
                         construction is in progress, with an area
                          not exceeding 20 square feet.

1                  ~~~~~(6)   One non-illuminated  sign identifying  the
                          entrance and exit to a permitted use with
 3                       ~~~~~~~an area not exceeding 8 square feet.

                    (7)   Maximum  height  shall  be  10  feet  above
                          finished grade level, and in no case above
                          the roof line if affixed in any manner to
                          the wall of a building of other structure.
                    (8)   Signs shall not project beyond a lot line,
 I                      ~~~~~~~and not more than 12 inches when affixed in
                          any manner to the wall of a building or
 3                       ~~~~~~~other structure.

             h.    The construction and maintenance of non-commercial
                   catwalks, piers, fences, and duckblinds, provided
                    that such structures are so constructed on pilings
                   as to permit the reasonably unobstructed flow of
                    the tide in tidal areas, or natural flow in
                    non-tidal areas, and to preserve the natural
                    contour of marshes, swamps, and water courses.
                i. Non-commercial  outdoor recreational activities,
                    including hiking, boating, trapping, fishing,
                    shellfishing, horseback riding, and swimming
                    provided that no structure shall be constructed
3                  ~~~~~~except as permitted in paragraph hof this Section
                    31-02.

              j.    Conservation, repletion, education, and research
                    activities of the Virginia Marine Resources
                    Commission,  the  Virginia  Institute  of  Marine
3                  ~~~~~Science,  the  Commission  of  Game  and  Inland

                                 III-2









                    Fisheries,   and   other   related   conservation
                    agencies.
              k.    The normal maintenance,  repair,  or addition to
                    existing roads, highways, or the facilities of any
 I                  ~~~~~~person, firm, corporation, utility, or government
                    abutting on or crossing wetlands or swamps,
                    provided that no waterway is altered and no
 3                   ~~~~~additional  wetlands  or  swamps  are  covered  or
                    drained.
              1.    The  normal  maintenance  of  existing  man-made
                    drainage ditches, provided that no additional
                    wetlands or swamps are covered or drained and
                     provided further that this paragraph shall not be
 I                  ~~~~~deemed to authorize construction of any drainage
                     ditch.
              M.    Planned  developments  as regulated  by the pro-
 I                 ~~~~~~visions of this Chapter and of Article VII herein.

              n.    Places of worship with a maximum lot area of 3
 I                  ~~~~~~acres.
               o.    Public uses, such as schools (kindergarten through
 I                  ~~~~~~9th   grade),   playgrounds,   parks,   museums,
                     libraries, boat landings, police and fire
                     stations, community centers, and non-commercial
                     clubs.
               p.    Nursing homes, convalescent homes, group homes for
                     the developmentally disabled, and family day care
                     facilities provided that such uses have a minimum
                     lot area of 5 acres.

3              ~~~~q.    Wayside  stands  for  the  sale  of  agricultural
                     products  produced on the premises.   The stand
                     shall not exceed 200 square feet in floor area,
 3                   ~~~~~~nor be closer than 35 feet to the front lot line
                     and 100 feet from all other lot lines.
               r.    Public utility distribution and service facili-
 I                  ~~~~~~ties.
               S.    Radio and TV transmission or receiving towers.
                     The tower shall be so located that its minimum
                     distance from any lot line will equal the maximum
                     height of the tower above ground level.




                                   III-3










31-03      Bulk Regulations

          The following bulk regulations shall apply in a GRI
          district subject also to the provisions of Article I,
          Chapter 4, herein:

           a.    Minimum Lot Area:

                   Dwellings              1 acre per dwelling unit
                   Planned developments  5 acres
                   Places of worship      3 acres
                   Schools                5 acres
                   Other permitted
                    uses unless
                    otherwise provided  I acre

           b.    Minimum Lot Width:

                   Dwellings              150 feet
                   Places of worship      300 feet
                   Schools                300 feet
                   Other permitted
                    uses unless
                    otherwise provided   200 feet

           Waterfront lots shall provide an equivalent lot width
           measured along the water body, beach, or wetland unless
           otherwise approved as part of a cluster or planned
           development or subdivision.

           C.    Minimum front yard for all uses shall be 100 feet.

           d.    Minimum side yards for all uses shall be 70 feet
                 for each side yard.

           e.    Minimum rear yard for all uses shall be 100 feet.

           f.    Minimum  spacing  between  buildings  or  other
                 structures shall be equal to the height of the
                 adjacent tallest building or other structure or
                 the required yard dimensions, whichever is
                 greater, but not less than 50 feet.

           g.    Maximum density for all dwellings shall be one
                 acre per dwelling unit.

           h.    Maximum height for all dwellings shall be 35 fee[
                 and 45 feet for all other permitted buildings or
                 other structures, except signs.

           i.    Cluster development of all dwellings, including
                 townhouses, shall be in accordance with the

                              111-4











     provisions of Article I, Chapter 5, Development
     Plan Review, herein, and the appropriate pro-
     visions of the County Subdivision Ordinance, and
     shall have:

     3  (1)   a minimum lot area of five acres,

     (2)   a minimum lot width of 150 feet,

      (3)   a maximum density of one acre per dwelling
           unit, however each detached single family
           dwelling unit may have a minimum lot area
           of 30,000 square feet; each townhouse may
           have a minimum lot area of 2,000 square feet
           and a minimum lot width of 20 feet.

      (4)   Within  a planned  development  area  each
           townhouse shall have (a) a minimum front
           yard of 20 feet; (b) no interior side yard
            and for corner and end lots a minimum side
           yard of 25 feet; (c) a minimum rear yard of
            25 feet,  (d) not more than six townhouse
           dwellings may be continuously attached.

j.    Permitted obstruction in yards shall include:

      (1)   unenclosed porches, terraces, open decks,
            uncovered steps, fire escapes, planting
           boxes, balconies, or air conditioning units,
            and the like, and may project not more than
            6 feet;

      (2)   cornices, awnings, canopies, and the like
            if at least 10 feet above finished grade
            level, and may project not more than 3 feet;

      (3)   sills, leaders, belt courses, and the like,
            and may project not more than 2 inches;

      (4)   bay windows, chimneys, and the like, and may
            project not more than 3 feet;

      (5)   accessory signs, but at least 10 feet from
            any lot line;

      (6)   accessory  uses  in  accordance  with  the
            definition of accessory use in Article I,
            Chapter 2, herein; and

      (7)   the use  of  land in accordance  with the
            provisions  of  Article  I,  Chapter  4,
            Additional Bulk Regulations, herein.

                   II1-5










   Chapter 2  GR II  General Residence II District

   32-01      Purpose

               A General Residence II District is created to provide
               land for all types of residential use, compatible public
               and private associated uses, and accessory uses at
               densities comparable to one dwelling unit per acre.
               This district provides a transition between densities
               of residential use especially in urbanizing areas served
               by public water and sewer systems.

    32-02      Permitted Uses

               only the following uses shall be permitted in a GR II
3              ~~~~district subject to the provisions of Article I, Chapter
               5, Development Plan Review and Article VIII, Chapter 2,
               Chesapeake Bay Preservation District herein; and except
               as otherwise provided for cluster and planned develop-
I             ~~~~ment  herein,  the  provisions  of  Article  IV,  Design
               Standards, of the Richmond County Subdivision Ordinance
*              ~~~~shall apply.

               a.   Agriculture,  limited  to  the  tilling  of  soil,
                     raising crops, truck gardening, orchards, or
 *                  ~~~~~~nurseries.

               b.   Game preserves, wildlife sanctuaries, and fishery
 *                  ~~~~~~uses.

               C.   Single  family,  two  family,  or multiple  family
                     dwellings, attached or detached.

               d.   Accessory uses.

*              ~~~~e.   Home occupations.

               f.   off-street parking, subject to the provisions of
                     Article IX herein.   However,  off-street parking
                     shall not be provided on a townhouse lot.
               g.   Accessory signs as follows, and subject also to the
                     provisions of Article I, Chapter 3 herein:
                     (1)  One nameplate with indirect illumination and
                          with an area not exceeding one square foot for
                          dwellings and home occupations.
                     (2)  one non-illuminated "for sale" or "for rent"
                           sign with an area not exceeding four square

   3                                 111-6~~~~~fet


     I~~~~~~~~_









                    (3)  One   identification   sign   with   indirect
                         illumination for all other permitted uses
                         including subdivisions with an area not
  U                      ~~~~~~~exceeding 20 square feet.

                    (4)  Non-illuminated security and warning signs
                         without limitation as to number, but with an
                         area not exceeding one square foot.

 1                  ~~~~~~(5)  One non-illuminated sign erected in connection
                         with new construction and displayed only
                         during the time that actual construction is
  I                     ~~~~~~in progress, with an area not exceeding 20
                         square feet.

                    (6)  One  non-illuminated  sign  identifying  the
                          entrance and exit to a permitted use with an
                         area not exceeding 8 square feet.

 I                  ~~~~~~(7)  Maximum height shallI belO0 feet above finished
                         grade level , and in no case above the root
                         line if affixed in any manner to the wall of
  I                     ~~~~~~~a building or other structure.
                    (8)  Signs shall not project beyond a lot line, and
                         not more than 12 inches when affixed in any
                         manner to the wall of a building or other
                         structure.
U              ~~~~h.   The construction and maintenance of non-commercial
                    catwalks, piers, fences, and duckblinds, provided
                    that such structures are so constructed on pilings
 I                 ~~~~~as to permit the reasonably unobstructed flow of
                    the tide in tidal areas, or natural flow in
                    non-tidal areas, and to preserve the natural
 3                  ~~~~~contour of marshes, swamps, and water courses.

               i.   Non-commercial  outdoor  recreational  activities,
                    including hiking, boating, trapping, hunting,
 I                 ~~~~~fishing,  shellfishing,  horseback  riding,  and
                    swimming; provided that no structure shall be
                    constructed except as permitted in paragraph h of
 3                  ~~~~~~this Section 32-02.

               j.   Conservation,  repletion, education, and research
                    activities of the Virginia Marine Resources
 I                 ~~~~~Commission,  the  Virginia  Institute  of  Marine
                    Science, the Commission of Game and Inland
 3                  ~~~~~~Fisheries, and other related conservation agencies.

               k.   The normal maintenance,  repair, or addition to
                    existing roads, highways, or the facilities of any

                                   III-7









                    person, firm, corporation, utility, or government
                    abutting on or crossing wetlands or swamps,
 I                 ~~~~~provided  that  no  waterway  is  altered  and  no
                    additional wetlands or swamps are covered or
 *                  ~~~~~~drained.

                 1. The  normal  maintenance  of  existing  man-made
                    drainage ditches, provided that no additional
                    wetlands or swamps are covered or drained and
                    provided further that this paragraph shall not be
                    deemed to authorize construction of any drainage
 *                  ~~~~~~ditch.

               M.   Planned developments as regulated by the provisions
                    of this Chapter and of Article VII herein.

               n.   Places of worship with a minimum lot area of 3
                    acres.

I               a~~~~. Public uses, such as primary and secondary schools,
                    playgrounds, parks, museums, libraries, boat
                    landings, police and tire stations, and community
                    centers.
               P.   Nursing homes, convalescent homes, group homes for
                    the developmentally disabled, and family day care
                    facilities provided that such uses have a minimum
                    lot area of 5 acres.

I              ~~~~q.   Wayside  stands  for  the  sale  of  agricultural
                    products produced on the premises. The stand shall
                    not exceed 200 square feet in floor area, nor be
                     closer than 35 feet to the front lot line and 100
                    feet from all other lot lines.

               r.   Public utility distribution and service facilities.

               S.   Radio and TV transmission or receiving towers.  The
                    tower shall be so located that its minimum distance
                    from any lot line will equal the maximum height of
                    the tower above ground level.

*              ~~~~t.   Universities and colleges.

               U.   Hospitals and other human health care facilities
                    with a minimum lot area of 5 acres, and direct
                    access to a public street.
               V.   Bed and breakfast facilities.










32-03      Bulk Regulations

           The following bulk regulations shall apply in a GR II
           district subject also to the provisions of Article I,
           Chapter 4, herein:

           a.   Minimum Lot Area:

                Dwellings:

                  (1) connected to public  15,000 square feet per
                      water and sewer       dwelling unit
                      services

                  (2) without public water 1 acre per dwelling
                      and sewer services    unit

                Planned developments         5 acres

                Places of worship            3 acres

                Schools                      5 acres

                Other permitted uses    I      acre
                unless otherwise provided

           b.   Minimum Lot Width:

                Dwellings:

                  (1) connected to public  100 feet
                       water and sewer
                       services

                   (2) without public water 150 feet
                       and sewer services

                 Places of worship            300 feet

                 Schools                      300 feet

                 Other permitted uses         200 feet
                 unless otherwise provided

           Waterfront lots shall provide an equivalent lot width
           measured along the water body, beach, or wetland unless
           otherwise approved as part of a cluster or planned
           development or subdivision.





                               III-9










c.   Minimum front yard:

     (1)  for dwellings connected   40 feet
          to public water and
          sewer services

     (2)  for other uses             100 feet

d.   Minimum side yards:

     (1)  for dwellings connected   30 feet for each
          to public water and        side yard
          sewer services

     (2)  for all other uses         70 feet for each
                                    side yard

e.   Minimum rear yard:

     (1)  for dwellings connected   50 feet
          to public water and
          sewer services

     (2)  tor all other uses         100 feet

f.   Minimum  spacing  between  buildings  or  other
     structures shall be equal to the height of the
     adjacent tallest building or other structure or the
     required yard dimensions, whichever is greater, but
     not less than 50 feet.

g.   Maximum density for all dwellings:

     (1)  connected to public        3 dwelling units
          water and sewer            per acre
          services

     (2)  without public water       1 dwelling unit
           and sewer services         per acre

h.   Maximum height for all dwellings shall be 35 feet
     and 45 feet for all other permitted buildings or
     other structures, except signs.

i.   Cluster development of all dwellings,  including
     townhouses, shall be in accordance with the
     provisions of Article I, Chapter 5, Development
     Plan Review, herein, and the appropriate provisions
      of the County Subdivision Ordinance, and shall
     have:

      (1) a minimum lot area of five acres,











     (2) a minimum lot width of 150 feet,

     (3) maximum density shall be in accordance with
          Section 32-03 g above, however each detached
          single family dwelling unit may have a minimum
          lot area of 30,000 square feet; each townhouse
          may have a minimum lot area of 2,000 square
          feet and a minimum lot width of 20 feet.

     (4) Within a planned development area each
          townhouse shall have (a) a minimum front yard
          of 20 feet; (b) no interior side yard and for
          corner and end lots a minimum side yard of 25
          feet; (c) a minimum rear yard of 25 feet; (d)
          not more than six townhouse dwellings may be
          continuously attached.

j.   Permitted obstruction in yards shall include:

     (1) unenclosed porches, terraces, open decks,
          uncovered steps, fire escapes, planting boxes,
          balconies, or air conditioning units, and the
          like, and may project not more than 6 feet;

     (2) cornices, awnings, canopies, and the like if
          at least 10 feet above finished grade level,
          and may project not more than 3 feet;

          sills, leaders, belt courses, and the like,
          and may project not more than 2 inches;

     (4) bay windows, chimneys, and the like, and may
          project not more than 3 feet;

     (5) accessory signs, but at least 10 feet from any
          lot line;

     (6) accessory uses in accordance with the
          definition of accessory use in Article I,
          Chapter 2, herein; and

     (7) the use of land in accordance with the
          provisions of Article I, Chapter 4, Additional
          Bulk Regulations, herein.









      Chapter 3  RR Residence-Recreation District

I     ~32-01      Purpose

                 A RR Residence-Recreation District is designed to
                  encourage the integration of all types of housing,
                  specified   recreation  uses,   associated  uses,   and
                  accessory uses in keeping with the intent of the
                  Comprehensive Plan.  A major objective is to maintain
  I             ~~~~a high level of amenities for the residential uses and
                  thus promote the public's general welfare, including
                  health and safety. All of the permitted uses are deemed
  I             ~~~~to be compatible with each other when constructed and
                  operated in accordance with the provisions of this
                  Chapter.

U     ~32-02       Permitted Uses

                  Only the following uses shall be permitted in a RR
                  district subject to the provisions of Article 1, Chapter
                  5, Development Plan Review and Article VIII, Chapter 2,
                  Chesapeake Bay Preservation District herein; and except
                  as otherwise provided for cluster and planned develop-
                  ment herein, the provisions of Article IV, Design
                  Standards, of the Richmond County Subdivision Ordinance
   *              ~~~~shall apply.

                  a.   Agriculture,  limited  to  the  tilling  of  soil,
                       raising crops, truck gardening, orchards, or
                       nurseries.
                  b.   Game preserves, wildlife sanctuaries, and fishery
                       uses.
                  C.   Single  family,  two  family,  or multiple  family
                       dwellings, attached or detached.

                  d.   Accessory uses.

   I              ~~~~e.   Home occupations.

                  f.   off-street parking, subject to the provisions of
    I                 ~~~~~Article IX herein.   However,  off-street parking
                       shall not be provided on a townhouse lot.

                  g.   Accessory signs as follows, and subject also to the
    I                 ~~~~~provisions of Article I, Chapter 3 herein:

                        (1) One nameplate with indirect illumination and
                             with an area not exceeding one square foot for
                             dwellings and home occupations.


        H                              111~~~~~~~~~~~~I-12









                    (2) One non-illuminated "f or sale" or "for rent"
                         sign with an area not exceeding four square
                         feet.
                    (3)  one   identification   sign   with   indirect
                         illumination for all other permitted uses
                         including subdivisions with an area not
                         exceeding 20 square feet.

 I                   ~~~~~(4)  Non-illuminated security and warning signs
                         without limitation as to number, but with an
  *                       ~~~~~~~area not exceeding one square foot.

                    (5)  One non-ill Iuminated sign erected in connection
                         with new construction and displayed only
  *                       ~~~~~~~during the time that actual construction is
                         in progress, with an area not exceeding 20
                         square feet.

1                   ~~~~~(6)  One  non-illuminated  sign  identifying  the
                         entrance and exit to a permitted use with an
                         area not exceeding 8 square feet.

                    (7)  Maximum height shallI be 10 feet above finished
                         grade level , and in no case above the roof
                          line if affixed in any manner to the wall of
                         a building or other structure.

                    (8)  Signs shall not project beyond a lot line, and
                         not more than 12 inches when affixed in any
                         manner to the wall of a building or other
  *                       ~~~~~~~structure.

               h.   The construction and maintenance of non-commercial
                    catwalks, piers, fences, and duckblinds, provided
                    that such structures are so constructed on pilings
                    as to permit the reasonably unobstructed flow of
                    the tide in tidal areas, or natural flow in
                    non-tidal areas, and to preserve the natural
                    contour of marshes, swamps, and water courses.
               i.   Conservation,  repletion, education, and research
                     activities of the Virginia Marine Resources
                    Commission, the Commission on Game and Inland
                    Fisheries, and other related conservation agencies.

I              ~~~~j.   The normal  maintenance,  repair,  or addition to
                    existing roads, highways, or the facilities of any
                    person, firm, corporation, utility, or government
                     abutting on or crossing wetlands or swamps,
                    provided that no waterway is altered and no


    1                              111~~~~~~~~~~~~I-13









                    additional wetlands or swamps are covered or
 3                  ~~~~~~drained.

               k.   The  normal  maintenance  of  existing  man-made
                    drainage ditches, provided that no additional
 I                 ~~~~~wetlands  or swamps are covered or drained and
                    provided further that this paragraph shall not be
                    deemed to authorize construction of any drainage
 3                  ~~~~~~ditch.

               1.   Planned developments as regulated by the provisions
 1                  ~~~~~of this Chapter and of Article VII herein.
               M.   Places of worship with a minimum lot area of 3
 *                  ~~~~~~acres.

               n.   Public uses, such as primary and secondary schools,
                    playgrounds, parks, museums, libraries, boat
                    landings, police and fire stations, and community
                    centers.

               o.   Nursing homes, convalescent homes, group homes for
 I                 ~~~~~the developmentally disabled, and family day care
                    facilities provided that such uses have a minimum
                     lot area of 5 acres.

               p.   Wayside  stands  for  the  sale  of  agricultural
                    products produced on the premises. The stand shall
                    not exceed 200 square feet in floor area, nor be
                     closer than 35 feet to the front lot line and 100
                     feet from all other lot lines.

3              ~~~~q.   Public utility distribution and service facilities.

               r.   Radio and TV transmission or receiving towers.  The
 U                 ~~~~~~tower shall be so located that its minimum distance
                     from any lot line will equal the maximum height of
                     the tower above ground level.

*              ~~~~S.   Universities and colleges.

               t.   Hospitals and other human health care facilities
 I                 ~~~~~with a minimum lot area of 5 acres, and direct
                     access to a public street.

               U.   Bed and breakfast facilities, limited to four guest
                     rooms.





     1                              111~~~~~~~~~~~~I-14










v.   Recreation uses as follows:

      (1)  the following private club recreation uses may
          be permitted and shall havea minimum lot area
          of 5 acres:

          Swimming clubs.

          Golf clubs.

          Game courts such as tennis and racquetball
          clubs.

          Fishing clubs.

          Archery range clubs.

          Horseback riding clubs.

          Country clubs.

          Hunt clubs and may include the keeping of not
          more than 30 dogs incidental to such use,
          provided that dog enclosures are at least 500
          feet from a dwelling.

          Shooting clubs.

     (2)  the following uses shall have a minimum lot
          of 10 acres:

          Marine facilities including bathing beaches,
          boating, and fishing.

          Campgrounds with camping units for temporary
           living quarters limited to 30 days total
          occupancy in a 12 month period.   All camp-
          grounds shall be subject to the appropriate
          provisions of the Code of Virginia, Title
           62.1, Chapter 3.1, Sections 62-44.15ff and
          rules and regulations adopted by the State
          Board of Health pursuant to its authority in
          Title 35.1, Sections 35.1-17ff.

     (3) Accessory u ses may be provided on the same
          premises and shall include eating places, the
           sale and services of incidental equipment and
          materials, associated with permitted recre-
           ation uses.

      (4)  All  permitted  recreation  uses  shall  be
           screened from all adjoining lots containing









                          dwellings, including such lots situated across
  3                      ~~~~~~~a street, by either:
                          a.   A strip at Ileast f our f eet wide, densel y
                                planted with srubs or trees which are at
                                least four feet high at the time of
   K                           ~~~~~~~~planting and which are of a type which
                                     may e execte tofrom a year-round
                                dense screen at least six feet high
                                within three years, or
                          b.   A wall or barrier or uniformly painted
   I                          ~~~~~~~~~fence of f ire-resistant material at Ileast
                                six feet high, but not more than eight
                                feet above finished grade. In addition,
   I                         ~~~~~~~~such screening shall be maintained in
                                good condition at all times, may be
                                interrupted by normal entrances or
                                exists, and shall have no signs hung or
    I                         ~~~~~~~~attached thereto except one whose area
                                does not exceed two square feet desig-
                                nating the entrance or exist to the
    I                          ~~~~~~~~facility. Such sign shall not exceed six
                                reet in heigrit above street level.
                     (5)  The Zoning Administrator  may  require such
                          additional conditions as is necessary for the
                          protection of the public's general welfare
  3                       ~~~~~~~including health and safety.
    31-03      Bulk Regulations
3              ~~~~The following bulk  regulations shall  apply  in a RR
                district subject also to the provisions of Article I,
                Chapter 4, herein:
I             ~~~~a.   Minimum Lot Area:

 3                   ~~~~~~Dwellings:

                       (1) connected to public   15,000 square feet per
                            water and sewer        dwelling unit
   I                      ~~~~~~~services
                       (2) without public water I acre per dwelling
   I                        ~~~~~~~~and sewer services    unit

                     Planned developments         5 acres

 I                   ~~~~~~Places of worship       3 acres
 3                   ~~~~~~Schools                 5 acres

                                    III-1 6











     Other permitted uses         1 acre
     unless otherwise provided

b.   Minimum Lot Width:

     Dwellings:

       (1) connected to public  100 feet
           water and sewer
           services

       (2) without public water 150 feet
           and sewer services

     Places of worship           300 feet

     Schools                     300 feet

     Other permitted uses         200 feet
     unless otherwise provided

Waterfront lots shall provide an equivalent lot width
measured along the water body, beach, or wetland unless
otherwise approved as part of a cluster or planned
development or subdivision.

c.   Minimum front yard:

      (1)  for dwellings connected   40 feet
           to public water and
           sewer services

      (2)  for other uses             100 feet

d.   Minimum side yards:

      (1)  for dwellings connected   30 feet for each
           to public water and       side yard
           sewer services

      (2)  for all recreation uses,  100 feet for each
           unless otherwise           side yard
           provided

      (3)  for all other uses         70 feet for each
                                     side yard






                    III-17










e.   Minimum rear yard:

     (1)  for dwellings connected   50 feet
          to public water and
          sewer services

     (2)  for all other uses         100 feet

f.   Minimum  spacing  between  buildings  or  other
     structures shall be equal to the height of the
     adjacent tallest building or other structure or the
     required yard dimensions, whichever is greater, but
     not less than 50 feet.

g.   Maximum density for all dwellings:

     (1)  connected to public        3 dwelling units
          water and sewer            per acre
          services

     (2)  without public water       I dwelling unit
          and sewer services         per acre

h.   Maximum height for all dwellings shall be 35 feet
     and 45 feet for all other permitted buildings or
     other structures, except signs.

i.   Cluster development of all dwellings, including
     townhouses, shall be in accordance with the
     provisions of Article I, Chapter 5, Development
     Plan Review, herein, and the appropriate provisions
     of the County Subdivision Ordinance, and shall
     have:

     (1)  a minimum lot area of five acres,

      (2)  a minimum lot width of 150 feet,

     (3)  maximum density shall be in accordance with
           Section 33-03 g above, however each detached
           single family dwelling unit may have a minimum
           lot area of 30,000 square feet; each townhouse
          may have a minimum lot area of 2,000 square
           feet and a minimum lot width of 20 feet.

      (4) Within  a  planned  development  area  each
           townhouse shall have (a) a minimum front yard
           of 20 feet; (b) no interior side yard and for
           corner and end lots a minimum side yard of 25
           feet; (c) a minimum rear yard of 25 feet; (d)
           not more than six townhouse dwellings may be
           continuously attached.

                    III-18











Permitted obstruction in yards shall include:

(1)  unenclosed porches,  terraces,  open decks,
     uncovered steps, fire escapes, planting boxes,
     balconies, or air conditioning units, and the
     like, and may project not more than 6 feet;

(2)  cornices, awnings, canopies, and the like if
     at least 10 feet above finished grade level,
     and may project not more than 3 feet;

 (3)  sills, leaders, belt courses, and the like,
     and may project not more than 2 inches;

1(4)  bay windows, chimneys, and the like, and may
     project not more than 3 feet;

(5)  accessory signs, but at least 10 feet from any
     lot line;

(6)  accessory  uses  in  accordance  with  the
     definition of accessory use in Article I,
     Chapter 2, herein; and

(7)  the  use  of  land  in  accordance  with  the
     provisions of Article I, Chapter 4, Additional
     Bulk Regulations, herein.

























              III-19









                         ARTICLE IV RETAIL DISTRICTS

I     ~Chapter I  LR  Local Retail District

       41-01      Purpose

                 These districts are designed to provide for local
                  shopping and include a wide range of retail stores and
                  personal service establishments which cater to fre-
  I             ~~~~quently recurring needs.   Since these establishments
                  are required in convenient locations near residential
                  areas, and since they are relatively unobjectionable to
  I             ~~~~nearby residences, these districts can be widely mapped.
                  The district regulations are designed to promote
                  convenient shopping and the stability of retail
  3              ~~~~development by encouraging continuous retail frontage.

       41-02      Permitted Uses
  I              ~~~~Only the following uses shall  be permitted in a LR
                  district subject to the provisions of Article I , Chapter
                  5, Development Plan Review and Article VIII, Chapter 2,
  I             ~~~~Chesapeake Bay Preservation District herein; and except
                  as otherwise provided herein for cluster and planned
                  development, the provisions of Article IV, Design
                  Standards, of the Richmond county Subdivision Ordinance
                  shall apply. All permitted uses shall be located within
                  completely enclosed buildings.

   I              ~~~~a.    Dwellings for the owner or operator of the retail
                        use and regulated in accordance with the pro-
                        visions of Section 33-03 herein.

                  b.    Shops for custom work for the making or repairing
                        of articles to be sold only at retail on the
                        premises provided that no more than five (5)
                        persons shall be engaged in such shops and no work
                        shall be done on the premises for retail outlets
    3                   ~~~~~~elsewhere;

                  C.    Retail sales of goods and provision of commercial
                        services when such activities are conducted whollIy
                        within enclosed buildings, including:
                        (1)   Food stores, including supermarkets, grocery
                              stores, meat markets, and delicatessens;

                        (2)   Eating   and   drinking   establishments,
                              including the sale of alcoholic beverages,
      I                      ~~~~~~~but excluding places offering dancing or
                              other entertainment or places where food or



        I~~~~~~~~~~I-









                            beverages are served to or consumed by
  3                        ~~~~~~~patrons in motor vehicles;

                     (3)   Stores selling drugs, gift items, flowers,
                            periodicals, tobacco, sporting goods, books,
                            stationery, video tapes, music;
                      (4)   Stores  selling,  renting,  or  servicing
                            household hardware, tools, paint, garden
                            supplies, household appliances, bicycles;
                      (5)   Personal  service  establishments  such  as
  I                       ~~~~~~beauty  and  barber  shops,   laundry  and
                            cleaning service, and shoe or hat repair

                      (6)   shPacag liquor and beverage stores;


 3                   ~~~~~~(7)   Automobile supply stores;

                      (8)   Locksmith shops;

 I                   ~~~~~~(9)   Stores selling general merchandise such as
                            dry goods, wearing apparel , shoes, and hats;

 I                   ~~~~~~(10)  Stores selling floor and wall coverings;

                      (11)  Banks and savings and loan institutions,
                            including   accessory   drive-up   windows
   I                      ~~~~~~~provided that these facilities are limited
                            in number to those necessary to offer
                            simultaneous service to no more than two (2)
   I                       ~~~~~~~vehicles per establishment and provided the
                            service directly to the vehicle is offered
                            as a convenience rather than as an essential
                            operation of the establishment. Each drive-
                            up teller shall provide a waiting lane to
                            hold at least eight (8) automobiles.

I              ~~~~d.    Accessory uses.

3              ~~~~e.    Home occupations.

                f.    Off-street parking, subject to the provisions of
                      Article IX herein.

I               g~~~~. Accessory signs as follows, and subject also to
                      the provisions of Article 1, Chapter 3 herein; and
                      provided that the maximum height shall be 10 feet
 I                  ~~~~~~above finished grade level, and in no case above
                      the roof line if affixed in any manner to the wall
                      of a building or other structure. No signs shall

                                    IV-2









                    project beyond a lot line, and not more than 12
                    inches when affixed in any manner to the wall of
                    a building or other structure.
                    (1)   one nameplate with indirect illumination and
                          with an area not exceeding one square foot
                          for dwellings and home occupations.

                    (2)   One non-illuminated "for sale" or "for rent"
                          sign with an area not exceeding four square

I                    ~~~~~~(3)   One   non-illuminated   sign   erected   in
                          connection   with   new   construction   and
                          displayed only during the time that actual
 I                       ~~~~~~~construction is in progress, with an area
                          not exceeding 20 square feet.

                    (4)   one accessory business sign for each use
 I                       ~~~~~~shall  be  affixed  to  the  wall  of  the
                          principal  building.   Such sign  facing  a
                          street shall not exceed one square foot of
 I                       ~~~~~~~surface area for each linear foot of street
                          frontage up to a maximum of 75 square feet.
                          Such sign may be indirectly illuminated.
 I                       ~~~~~~~An additional sign may be located on the
                          wall of the principal building facing off-
                          street parking spaces as provided in this
                          paragraph (4).

                    (5)   An accessory  business  sign  permitted  by
                          paragraph (4) above and facing an existing
 I                       ~~~~~~~dwelling or within 100 feet of a residence
                          district shall be non-illuminated and
                           limited to 16 square feet of surface area.

              h.    Where the boundary of a zoning lot is coincident
                    with the boundary of a residence district,
3                    ~~~~~~screening shall be provided as follows:
                    (1)   A strip at least four feet wide, densely
                           planted with shrubs or trees which are at
 I                       ~~~~~~~~least four feet high at the time of planting
                           and which are of a type which may be
                           expected to form a year-round dense screen
                           at least six feet high within three years,
                           or
                     (2)   A wall or barrier or uniformly painted fence
                           of fire-resistant material at least six feet
                           high, but not more than eight feet above
                           finished grade. In addition, such screening

                                  IV-3









                              shallI be maintained in good condition at allI
                              times, may be interrupted by normal
     I                       ~~~~~~~entrances or exits, and shall have no signs
                              hung or attached thereto except one whose
                              area does not exceed two square feet
     I                       ~~~~~~designating  the entrance  or exit  to the
                              facility.   Such sign shall not exceed six
                              feet in height above street level.

1     ~41-03       Bulk Regulations
                  Except as otherwise provided in Section 41-02 herein,
                  no minimum lot area or lot width is required, provided
                  that all lots are of sufficient size to permit con-
                  formance to all of the provisions of this Ordinance and
                  other applicable provisions of County or State law.
                  a.    Minimum front yard for all uses shall be 75 feet.
  I              ~~~~b.    Minimum side yards for all retail uses shall be
                        required under the following conditions:
    3                   ~~~~~~(1)   When two adjacent buildings do not abut each
                              other or do not have a common wail, an
                              access-way of at least 12 feet wide must be
                              created and preserved between such adjacent
                              buildings and must be free of projections
                              or other obstructions which would prohibit
                              the free passage of service or emergency
                              vehicles and for fire protection;
                        (2)   No building or group of adjacent buildings
                              shall have a dimension greater than 200 feet
                              for a wall nearest a public street without
                              providing an access-way from the front to
                              the rear of the lot measuring at least 12
                              feet in width; and
                        (3)   Where the boundary of a lot is coincident
      U                       ~~~~~~~with the boundary of a residence district,
                              a side yard, adjacent to such boundary, of
                              at least 70 feet must be created and
      I                       ~~~~~~~preserved.
                  C.    Minimum rear yard for all retail uses shall be 70
    *                   ~~~~~~feet.

                  d.    A rear yard shall not be required when a rear lot
                        line coincides with a railroad right-of-way; and
                         aside yard shall not be required when a side lot
                        line coincides with a railroad right-of-way.


        I~~~~~~~~~~I-










e.    Permitted obstructions in yards shall include:

      (1)   arbors, trellises, or flag poles;

      (2)  screening,  including fences and walls in
            accordance with the provisions of this
           Ordinance;

      (3)   open  accessory  otf-street  parking  in
            accordance with the provisions of Article
            IX herein;

      (4)  eaves,  gutters  or  downspouts,  and  may
            project not more than 16 inches;

      (5)   unenclosed porches, terraces, open decks,
            uncovered steps, fire escapes, planting
            boxes, balconies, or air conditioning units,
            and the like, and may project not more than
            6 feet;

      (6)   awnings, canopies, and the like if at least
            10 feet above finished grade level, and may
            project not more than 8 feet;

      (7)   sills, leaders, belt courses, and the like,
            and may project not more than 2 inches;

      (8)   bay windows, chimneys, and the like, and may
            project not more than 3 feet;

      (9)   accessory signs, but at least 10 feet from
            any lot line;

      (10) accessory uses in accordance with the
            definition of accessory use in Article I,
            Chapter 2, herein; and

      (11) provisions of Article I, Chapter 4,
            Additional Bulk Regulations, herein.

f.    Maximum height for all uses shall be 35 feet,
      except signs.

g.    Permitted height obstructions shall include the
      following incidental appurtenances:

      (1)  chimneys;

      (2)   elevator or stair bulkheads;



                    IV-5



I

I
                         (3)   roof solar panels, water tanks, or cooling
       I*~~~~ ~~towers;
                         (4)   flagpoles and antennas;
1                             (5)   parapet walls or railings not in excess of
                              four feet.




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I                                            IV-6
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      Chapter 2  GR General Retail District

      42-01      Purpose
                 The general retail district comprises the County's major
                 and secondary shopping areas. An important function of
                 the district is to provide adequate space in appropriate
                 locations for those retail shopping, office use, and
                 miscellaneous service activities to serve the needs of
  I             ~~~~the County.   It is anticipated that these uses will
                 generate traffic and therefore should be mapped so that
                 there is direct access to a primary or secondary
  I             ~~~~highway.    The  regulations  are  designed  to promote
                 convenient  shopping  and  the  stability  of  retail
                 development, and thus to promote the economy of the
  *              ~~~~County.

                 Development on individual lots and each with individual
                 access to the highways within the county, otherwise
  I            ~~~~known  as  "strip  development,"  increases  traffic
                 congestion and creates safety hazards. Minimizing these
                 harmful effects is a major purpose of this district.
  I            ~~~~Therefore, integrated shopping is encouraged either in
                 mall-type construction or with multiple retail uses on
                 a single lot with controlled access to highways.

I     ~42-02      Permitted Uses
                 Only the following uses shall be permitted in a GR
                 district subject to the provisions of Article I, Chapter
                 5, Development Plan Review and Article VIII, Chapter 2,
                 Chesapeake Bay Preservation District herein; and except
                 as otherwise provided for cluster and planned develop-
                 ment, the provisions of Article IV, Design Standards,
                 of the Richmond County Subdivision ordinance shall
                 apply.   All  permitted uses shall  be located within
                 completely enclosed buildings.
                 a.    Shops for custom work for the making or repairing
    I                 ~~~~~of articles to be sold only at retail on the
                       premises provided that no more than five (5)
                       persons shall be engaged in such shops and no work
                       shall be done on the premises for retail outlets
                       elsewhere;
                 b.    Retail sales of goods and provision of commercial
                        services when such activities are conducted wholly
                       within enclosed buildings, including:

                        (1)   Food  stores,  including  bakeries,  super-
                              markets, grocery stores, meat markets,
                              delicatessens;
                                     IV-7










                     (2)   Eating   and   drinking    establishments,
   I                      ~~~~~~~including drive-in restaurants;

                     (3)   Hotels,  motels,  and  bed  and  breakfast
                            establishments;
                     (4)   Automotive service stations or repair shops;

 I                   ~~~~~~(5)   Nurseries and greenhouses;

                     (6)   Indoor recreational establishments such as
  I                      ~~~~~~~movie theatres and bowling alleys;

                      (7)   Health clubs;

                      (8)   Stores selling drugs, gift items, flowers,
                            jewelry, periodicals, tobacco, sporting
                            goods, books, stationery, video tapes,
                            music;
                      (9)   Stores  selling,  renting,  or  servicing
                            household hardware, tools, paint, garden
                            supplies, household appliances, bicycles;

                      (10)  Personal  service  establishments  such  as
                            beauty and barber shops, laundry and dry
                            cleaning service, and shoe or hat repair
   3                       ~~~~~~~~shops;

                      (11)  Package liquor and beverage stores;

 I                   ~~~~~~(12)  Automobile supply stores;

                      (13)  Locksmith shops;

                      (14)  Stores selling general merchandise such as
                            dry goods, wearing apparel , shoes, and hats;

 I                   ~~~~~~(15)  Stores selling floor and wall coverings,
                            furniture, antiques, art, art supplies,
   *                        ~~~~~~~office supplies;

                      (16)  Banks and savings and loan institutions,
                            including accessory drive-up windows. For
   I                      ~~~~~~~~each drive-up teller, a waiting lane to hold
                            at  least  eight  automobiles  shall  be
                            provided;

I              ~~~~d.    Accessory uses;

3              ~~~~e.    Professional and general business offices;

                                    IV-8










                  f. Post offices;

               g.    Off-street parking, subject to the provisions of
                     Article IX herein;

I              ~~~~h.    Accessory signs as follows, and subject also to
                     the provisions of Article I, Chapter 3 herein; and
                     provided that the maximum height shall be 10 feet
 I                  ~~~~~~above finished grade level, and in no case above
                     the roof line if affixed in any manner to the wall
                     of a building or other structure. No signs shall
                     project beyond a lot line, and not more than 12
                     inches when affixed in any manner to the wall of
                     a building or other structure.

 I                   ~~~~~~(1)   one non-illuminated "for sale" or "for rent"
                           sign with an area not exceeding four square
                           feet.

                     (2)   One   non-illuminated   sign   erected   in
                           connection   with   new   construction   and
   3                        ~~~~~~~displayed only during the time that actual
                           construction is in progress, with an area
                           not exceeding 20 square feet.

 1                   ~~~~~(3)   Except  as  otherwise  provided  in  this
                           Section, one accessory business sign for
                           each use shall be affixed to the wall of the
                           principal building.
                           Such sign facing a street shall not exceed
                           one square foot of surface area for each
                            linear foot of street frontage up to a
                           maximum of 75 square feet. Such sign may
                            be indirectly illuminated.   An additional
   I                       ~~~~~~sign may be  located on the wall  of the
                            principal building facing off-street parking
   I                        ~~~~~~~spaces as regulated in this paragraph (3).

                      (4)   An integrated development of less than five
                            permitted uses on a single lot, may also
                            have one sign identifying the development
                            and the uses within the development. Such
                            sign (a) shall be limited to 20 square feet
                            of surface area, (b) may be indirectly
   ~~~~~~~~~I iluminated, (c) shallI have a maximum height
                            of 10 feet, and (d) may be located in a
                            front or side yard, but not closer than 20

                            feet from any lot line;


     I~~~~~~~~~~I-








                  (5)   An integrated development of five or more
                        permitted uses on a single lot shall be
I                      ~~~~~~~considered a shopping center and may also
                        have signs identifying the center.   Such
                        signs shall be regulated as provided in
I                      ~~~~~~~paragraph (4) above except that a shopping
                        center identification sign may be located
                        along each street on which it has frontage,
*                        ~~~~~~~and may identify the center only.

                  (6)   Automotive service stations  shall  comply
                        with all applicable sign regulations of this
I                       ~~~~~~~Section 42-02 h and in addition may have one
                         freestanding accessory business sign on
                        which current fuel prices may be displayed.
I                       ~~~~~~~~The fuel price information shallI be included
                         in the total surface area of such sign.
                         Each fuel pump may have a sign identifying
                         the product dispensed limited to one square
                         foot of surface area.
                   (7)   A sign permitted by paragraphs (4), (5), or
I                       ~~~~~~~(6) above and facing an existing dwelling
                         or within 100 feet of a residence district
                         shall be non-illuminated and limited to 16
*                        ~~~~~~~square feet of surface area;
                   (8)   Professional  or  general  business  office
                         centers at least two acres in area and
I                      ~~~~~~~planned as an integrated development may
                         have a sign identifying the name of the
                         center  only.    Such  signs  (a)  shall  be
I                       ~~~~~~~limited to 20 square feet of surface area,
                         (b) shallI have a maximum height of six feet,
                         (c) may be indirectly illuminated, and (d)
                         may be located in a front or side yard, but
                         not closer than 20 feet to any lot line.

                         Where such office center contains two or
                         more buildings, each building may have one
                         sign on which the building and its occupants
                         may  be identified.    Such sign shall  be
I                       ~~~~~~~regulated as in this paragraph (8) except
                         that one identification sign may also be
                         affixed to the wall of the building which
                         contains the main entrance thereto.   Such
                         sign shall be limited to 36 square feet of
                         surface area and otherwise conform to the
*                        ~~~~~~~sign regulations of this Section.

                   (9)   If the provisions of this Section 42-02 h
*                        ~~~~~~~do not apply directly to a sign requested

                                IV-10









                           for   a   permitted   use,    the   Zoning
                           Administrator shall make a written inter-
  I                       ~~~~~~~pretation of this Section and maintain a
                           permanent record for that application.

              i.    Where the boundary of a lot is coincident with the
                     boundary of a residence district, screening shall
                     be provided as follows:

 I                   ~~~~~(.1)   A strip at least four feet wide, densely
                           planted with shrubs or trees which are at
                           least four feet high at the time of planting
  I                       ~~~~~~and  which  are  of  a  type  which  may  be
                           expected to form a year-round dense screen
                           at least six feet high within three years,
  *                        ~~~~~~~~~or

                     (2)   A wallI or barrier or uniformly painted fence
                           of fire-resistant material at least six feet
  I                       ~~~~~~~high, but not more than eight feet above
                           finished grade. In addition, such screening
                           shall be maintained in good condition at all
  I                       ~~~~~~times,   may  be  interrupted  by  normal
                           entrances or exits, and shall have no signs
                           hung or attached thereto except one whose
                           area does not exceed two square feet
                           designating the entrance or exit to the
                           facility.   Such sign shall not exceed six
   I                        ~~~~~~~feet in height above street level.

    42-03      Bulk Regulations
               No minimum lot area or lot width is required, provided
               that all lots are of sufficient size to permit con-
               formance to all of the provisions of this Ordinance and
*              ~~~~other applicable provisions of County and State law.

               a.    Minimum front yard for all uses shall be 75 feet.

I              ~~~~b.    Minimum side yards for all uses shall be required
                     under the following conditions:
                      (1)   When two adjacent buildings do not abut each
                            other or do not have a common wall, an
                            access-way of at least 12 feet wide must be
                            created and preserved between such adjacent
   I                       ~~~~~~~buildings and must be free of projections
                            or other obstructions which would prohibit
                            the free passage of service or emergency

                            vehicles and for fire protection;

     I~~~~~~~~~~~V1










      (2)   No building or group of adjacent buildings
            shall have a dimension greater than 200 feet
            for a wall nearest a public street without
            providing an access-way from the front to
            the rear of the lot measuring at least 12
            feet in width; and

      (3)   Where the boundary of a lot is coincident
            with the boundary of a residence district,
            a side yard, adjacent to such boundary, of
            at least 70 feet must be created and
            preserved.

c.    Minimum rear yard for all retail uses shall be 70
      feet.

d.    A rear yard shall not be required when a rear lot
      line coincides with a railroad right-of-way; and
      a side yard shall not be required when a side lot
      line coincides with a railroad right-of-way.

e.    Permitted obstructions in yards shall include:

      (1)   arbors, trellises, or flag poles;

       (2)   screening,  including fences and walls in
            accordance with the provisions of this
            Ordinance;

      I(3)   open  accessory   off-street   parking  in
            accordance with the provisions of Article
            IX herein;

      (4)   eaves,  gutters  or  downspouts,  and  may
            project not more than 16 inches;

      I(5)   unenclosed porches, terraces, open decks,
            uncovered steps, fire escapes, planting
            boxes, balconies, or air conditioning units,
            and the like, and may project not more than
            6 feet;

      (6)   awnings, canopies, and the like if at least
            10 feet above finished grade level, and may
            project not more than 8 feet;

       (7)   sills, leaders, belt courses, and the like,
            and may project not more than 2 inches;

      I  (8)   bay windows, chimneys, and the like, and may
            project not more than 3 feet;


                    IV-12










     (9)   accessory signs, but at least 20 feet from
           any lot line;

     (10) accessory uses in accordance with the
           definition of accessory use in Article I,
           Chapter 2, herein; and

      (11) provisions  of  Article  I,  Chapter  4,
           Additional Bulk Regulations, herein.

f.    Maximum height for all uses shall be 35 feet,
     except signs.

g.    Permitted height obstructions shall include the
      following incidental appurtenances:

      (1)   chimneys;

      (2)   elevator or stair bulkheads;

      (3)   roof solar panels, water tanks, or cooling
            towers;

      (4)   flagpoles and antennas;

      (5)   parapet walls or railings not in excess of
            four feet.




























                   IV-13









                       ARTICLE V INDUSTRIAL DISTRICTS

I     ~Chapter 1  LI Light industrial District

      51-01.     Purpose

                 A primary purpose of this district is to encourage
                 proximity in the development of compatible and related
                 uses of land and buildings and to discourage development
  I             ~~~~of uses which are incompatible or detrimental to each
                 other and adjacent areas.   District regulations are
                 established by this article especially to achieve the
                 following objectives:
                 a.    To provide for industrial and related uses within
                        the County in conformance with specific standards
                       and in a manner compatible with the primary
                       character of the County.
  I              ~~~~b.    To provide, where appropriate, for the expansion
                       and continued development of industrial and
                       related uses, thereby meeting future economic
                       needs of the County for such activities.
                 C.    To prohibit industrial  and related development
                        which, by reason of emission or generation of
                       smoke, odors, noxious gases, noise, glare,
                       humidity, vibration, or danger of explosion, fire
                       or other hazard, would create conditions detri-
    I                 ~~~~~mental to the public's general welfare including
                       health and safety, and which would be incompatible
                       with and detrimental to adjacent and surrounding
    I                 ~~~~~uses,  through  the  establishment  of  specific
                        standards of performance which must be maintained
                       by industrial uses.
  I              ~~~~d.    To insure the availability of appropriate land for
                        industrial and related uses, and to discourage the
                       undesirable mixture of uses on such land by
                        prohibiting new residential and incompatible or
                       unrelated retail and agriculture uses.

  *              ~~~~e.    To  protect   appropriate   development   against
                        congestion by limiting the bulk and density of
                       development in relation to adjacent buildings and
                        the available land, and by providing for develop-
                       ment of appropriate accessory off-street parking
                        and loading spaces, and by providing for buffers
                       and screening to protect adjacent areas from
                        objectionable influences.



       1~~~~~~~~~~~-









                  f. To promote the most desirable use of land and
                     buildings in accordance with the Comprehensive
 I                 ~~~~~Plan and to provide,  in appropriate areas for
                     development, certain industrial and related
                     activities to maintain and strengthen the economic
 I                 ~~~~~~base and tax revenues of the County.
    51L-02     Permitted Uses
U             ~~~~Only the following uses shall be permitted in a LI
               district subject to the provisions of Article I, Chapter
               5, Development Plan Review, Article VIII, Chapter 2,
1             ~~~~Chesapeake Bay Preservation District, and Article V,
               Chapter 2, Performance Standards, herein; and except as
               otherwise provided herein for planned development, the
I            ~~~~provisions  of Article  IV,  Design Standards,  of the
               Richmond County Subdivision Ordinance shall apply.

               The operation ot the following uses including all
I            ~~~~manufacturing,  processing,  fabricating,  display,  and
               storage shall be located within completely enclosed
               buildings unless otherwise provided, and except for
               accessory off-street and loading spaces:
               a.    Agriculture,  limited  to the tilling  of soil,
                      raising crops, truck gardening, orchards or
                     nurseries; a dwelling accessory to a farm of 10
                     acres or more.

I              ~~~~b.    Public Utilities and Vehicle Storage Uses:
                      (1)   commercial   or  public  utility  vehicle
   I                      ~~~~~~~~storage,
  1                   ~~~~~~(2)   commercial garages andt parking structures,

                      (3)   public utility facilities and installations
                            such as pump stations and telephone exchange
   *                       ~~~~~~~~centers.
               C.    Storage or Wholesale Uses:

  I                   ~~~~~(1)   moving  and  storage  company  offices  and
                            warehouses,

  5                   ~~~~~~(2)   warehouses,
                      (3)   wholesale operations.
I              ~~~~d.    Scientific  laboratories  performing  research,
                      design, experimental production, and testing
  5                   ~~~~~~operations.

                                    V-2











e.   Manufacturing uses:

      (1)   Apparel  or  other  textile  products  from
            already produced textile goods,

      (2)  Automobiles, trucks or trailers and parts
            and accessories thereof,

      (3)   Beverages, non-alcoholic,

      (4)   Boats and related products and accessories,

      (5)   Bottling works,

      (6)   Brushes and brooms,

      (7)  Building supplies, with a minimum lot area
            of 10 acres

      (8)  Cameras and photographic equipment except
            tilm,

      (9)  Carpentry, woodworking, and cabinets,

      (10)  Carpets,

      (11)  Canvas or canvas products,

      (12) Ceramic products  such as pottery,  small
            glazed tile and similar products,

      (13) Chemical compounding and packaging,

      (14) Cosmetics or toiletries,

      (15) Electrical appliances and equipment,

      (16)  Electrical supplies including wire or cable,
            switches, insulation, batteries and similar
            products,

      (17) Electrical machinery,

      (18) Food  products  and  processing,   except
            slaughtering of meat or preparation of fish
            for packaging,

      (19) Fur goods, not including hide tanning,

      (20)  Glass   products,   not   including  glass
            manufacturing,

                    V-3











(21) Hair, felt or feather products except
     washing, dyeing and curling,

(22) Household or office equipment machinery,

(23)  Ice, dry or natural,

(24)  Ink or inked ribbon,

(25) Jute, hemp, sisal or oakum products,

(26) Leather products, not including hide tanning
      or dyeing,

(27) Luggage,

(28) Light machinery such as lawn mowers,

(29) Machine tools such as drills, saws,

(30) Mattresses and bedding,

(31)  Metal  finishing,  plating,  stamping,  or
      extrusion,

(32)  Medical supplies,

(33)  Mirror silvering and glass cutting,

(34)  Musical instruments,

(35) Optical  equipment,  clocks  and  similar
      precision instruments,

(36)  Orthopedic or medical appliances,

(37) Paper products and paper board products, not
      including paper rolling or manufacturing,

(38) Perfumes, compounding only,

(39) Plastic products,

(40) Printing or publishing,

(41)  Rubber products, not including manufacture
      of natural or synthetic rubber,

(42) Silverware   and  silver   products,   and
      silverplating,


              V-4










     (43) Soap and detergent packaging only,

      (44) Soldering and welding operations,

      (45) Sporting goods and athletic equipment,

      (46) Stationery,

      (47) Steel products, miscellaneous manufacturing
           and assembly,

      (48) Tobacco products,

      (49)  Tool and die  shops,  pattern making  and
            similar operations,

      (50) Toys,

      (51) Upholstering,

      (52)  Venetian blinds, window shades and similar
            products,

      (53)  Wax products,

      (54)  Wood products,

      (55) Accessory  uses,  including  retail  sales
            incidental  to  the  principal  use,  and
            dwellings for caretakers only

f.    Commercial service uses

      (1)   Animal hospitals, maintained and operated
            so as to produce no objectionable noise or
            odor beyond its building,

      (2)  Automobile, motorcycle, or boat sales and
            repair,

      (3)  Automobile  laundries,  provided  the  lot
            contains a reservoir of space for at least
            forty (40) automobiles and space is provided
            for at least twenty (20) automobiles for
            each washing lane,

      (4)  Automotive  service  stations  and  public
            garages,

      (5)  Carpet cleaning,

      (6)  Dry cleaning,

                    V-5











     (7)   Eating places,

     (8)   Electrical,  glazing,  heating,  painting,
           plumbing, roofing, ventilating, and similar
           contractor's establishments,

     (9)  Exterminating establishments,

     (10) Frozen food lockers,

     (11) Funeral homes,

     (12) Household or office machinery repair shops,

     (13) Laundries, linen, towel and diaper cleaning
           and supply,

      (14)  Machinery rental or sales establishments,

      (15) Photographic developing and printing,

      (16) Radio and TV stations whose tower shall be
            so located that its minimum distance from
            any lot line will equal the maximum height
            of the tower above ground level,

      (17) Sign painting shops,

      (18) Soldering or welding shops,

      (19) Taxidermist

      (20) Tire sales and installation.

g.    Off-street parking, subject to the provisions of
      Article IX herein.

h.    Accessory signs as follows, and subject also to
      the provisions of Article I, Chapter 3 herein; and
      provided that the maximum height shall be 10 feet
      above finished grade level, and in no case above
      the roof line if affixed in any manner to the wall
      of a building or other structure.  No signs shall
      project beyond a lot line, and not more than 12
      inches when affixed in any manner to the wall of
      a building or other structure.

      (1)   One nameplate with indirect illumination and
            with an area not exceeding one square foot
            for dwellings.


                    V-6









                  (2)   one non-illuminated "for sale" or "for rent"
                        sign with an area not exceeding four square
                        f eet.
                  (3)   One   non-illuminated   sign   erected   in
                        connection  with  new   construction   and
                        displayed only during the time that actual
                         construction is in progress, with an area
*                        ~~~~~~~not exceeding 20 square feet.

                   (4)   Except  as  otherwise  provided  in  this
                         Section, one accessory business sign for
                         each use shallI be af fixed to the wallI of the
                         principal  building.   Such sign f acing a
                         street shall not exceed one square foot of
                         surface area for each linear foot of street
                         frontage up to a maximum of 75 square feet.
                         Such sign may be indirectly illuminated.
3                        ~~~~~~~An additional  sign may be located on the
                         wall of the principal building facing
                         off-street parking spaces as regulated in
3                        ~~~~~~~this paragraph (4).

                   (5)   An integrated development of two or more
                         permitted uses on a single lot, may also
                         have one sign identifying the development.
                         Such sign (a) shall be limited to 20 square
                         feet of surface area, (b) may be indirectly
                         ill uminated, (c) shallI have a maximum height
I                       ~~~~~~~of 10 feet,  and (d) may be located in a
                         front or side yard, but not closer than 20
*                        ~~~~~~~feet from any lot line.

                   (6)   Automotive  service stations  shall  comply
                         with all applicable sign regulations of this
                         section 51-02 h, and in addition may have
                         one freestanding accessory business sign on
                         which current fuel prices may be displayed.
                         The fuel price information shall be included
I                       ~~~~~~~in the total surface area of such sign.
                         Each fuel pump may have a sign identifying
                         the product dispensed limited to one square
I                       ~~~~~~~toot of surface area.
                   (7)   A sign permitted by paragraph (5) or (6)
                         above and facing an existing dwelling or
                         within 100 feet of a residence district
                         shall be non-illuminated and limited to 16
3                        ~~~~~~~square feet of surface area.

                   (8)   If the provisions of this Section 51-02 h
*                        ~~~~~~~do not apply directly to a sign requested

                                 v-7









                            for   a   permitted   use,   the   Zoning
                           Administrator shall make a written inter-
                            pretation of this Section and maintain a
                            permanent record for that application.

3              ~~~~i.    Where the boundary of a lot is coincident with the
                     boundary of a residence district, screening shall
                     be provided as follows:

 I                   ~~~~~(1)   A strip at least four feet wide, densely
                            planted with shrubs or trees which are at
                            least four feet high at the time of planting
   I                       ~~~~~~and  which  are  of  a  type  which  may  be
                            expected to form a year-round dense screen
                            at least six feet high within three years,
                            or
                      (2)   A wallI or barrier or uniformly painted fence
                            of fire-resistant material at least six feet
   I                       ~~~~~~~high, but not more than eight feet above
                            finished grade. in addition, such screening
                            shall be maintained in good condition at all
   I                       ~~~~~~times,   may  be  interrupted  by  normal
                            entrances or exits, and shall have no signs
                            hung or attached thereto except one whose
                            area does not exceed two square feet
                            designating the entrance or exit to the
                            facility.   Such sign shall not exceed six
   3                        ~~~~~~~feet in height above street level.

    51-03      Bulk Regulations

3              ~~~~No minimum lot area or lot width is required, provided
                that all lots are of sufficient size to permit con-
                formance to ail of the provisions of this ordinance and
3              ~~~~other applicable provisions of County and State law.

                a.    The  total  floor  area  of a building  or  other
                      structure shall not exceed 0.50 times the lot
                      area.
                b.    No building or other structure shall cover more
                      than 0.50 times the lot area.
                C.    Minimum front yard for all uses shall be 75 feet.

I              ~~~~d.    Minimum side yards for all uses shall be required
                      under the following conditions:

  I                   ~~~~~~(1)   When two adjacent buildings do not abut each
                            other or do not have a common wall, an
                            access-way of at least 12 feet wide must be

                                     V-8









                            created and preserved between such adjacent
                            buildings and must be free of projections
   I                       ~~~~~~~or other obstructions which would prohibit
                            the free passage of service or emergency
                            vehicles and for fire protection;

                      (2)   No building or group of adjacent buildings
                            shall have a dimension greater than 200 feet
                            for a wall nearest a public street without
                            providing an access-way from the front to
                            the rear of the lot measuring at least 12
   I                        ~~~~~~~feet in width; and

                      (3)   Where the boundary of a lot is coincident
                            with the boundary of a residence district,
   I                       ~~~~~~~a side yard, adjacent to such boundary, at
                            least 70 feet must be created and preserved.

U              ~~~~e.    Minimum rear yard for all uses shall be 70 feet.

                f.    A rear yard shall not be required when a rear lot
                      line coincides with a railroad right-of-way; and
 I                  ~~~~~~a side yard shall not be required when a side lot
                      line coincides with a railroad right-of-way.

3               g~~~~. Permitted obstructions in yards shall include:

                      (1)   arbors, trellises, or flag poles;

 I                   ~~~~~(2)   screening,  including fences and walls in
                            accordance with the provisions of this
   *                        ~~~~~~~~Ordinance;

                      (3)   open  accessory   off-street   parking in
                            accordance with the provisions of Article
                             IX herein;

                      (4)   eaves,  gutters  or  downspouts,  and  may
   3                        ~~~~~~~project not more than 16 inches;
                      (5)   unenclosed porches, terraces,  open decks,
                            uncovered steps, fire escapes, planting
   I                       ~~~~~~~~boxes, balconies, or air conditioning units,
                             and the like, and may project not more than
                             6 feet;

 1                    ~~~~~~(6)   awnings, canopies, and the like if at least
                             10 feet above finished grade level, and may
   3                        ~~~~~~~project not more than 8 feet;

                      (7)   sills, leaders, belt courses, and the like,
   3                        ~~~~~~~and may project not more than 2 inches;

                                     V-9











      (8)   bay windows, chimneys, and the like, and may
           project not more than 3 feet;

      (9)   accessory signs, but at least 20 feet from
           any lot line;

      (10) accessory uses in accordance with the
            definition of accessory use in Article I,
            Chapter 2, herein; and

      (11) provisions   of  Article  I,  Chapter  4,
            Additional Bulk Regulations, herein.

h.    Maximum height for all uses shall be 35 feet,
      except signs.

i.    Permitted height obstructions shall include the
      following incidental appurtenances:

      (1)   chimneys;

      3  (2)   elevator or stair bulkheads;

      (3)   roof solar panels, water tanks, or cooling
            towers;

      (4)   flagpoles and antennas;

      I(5)   parapet walls or railings not in excess of
            four feet.























                    V-10










      Chapter 2 Performance Standards

  I              ~~~~All  uses  permitted  in an  Industrial  district  shall
                 .conform to the provisions of this Chapter 2.

I     ~52-01      Documentation

                 At the time of filing an application in accordance with
                 the provisions of Article I, Chapter 5, Development Plan
                 Review, the applicant shall submit a certified
                 engineer's report (a) describing the proposed operation,
                 all machines, processes, products and by-products; (b)
  I             ~~~~stating the nature and expected levels or emission or
                 discharge to land, air and water of liquid, solid or
                 gaseous ef fluent and electrical impulses and noise under
                 normal operations; and (c) the specifications of
                 treatment methods and mechanisms to be used to control
                 such emission or discharge.   The Zoning Administrator
  fl             ~~~~shall review the applicant's submission for compliance.

      52-02      Air Pollution

  I              ~~~~The rules and regulations of the State Air Pollution
                 Control Board shall apply to the emission of air
                 contaminants from any source related to the permitted
  I             ~~~~~use.
      52-03      Sound

  I              ~~~~a.    For the purpose of this Chapter,  the following
                        terms are aefineo.:
    I                   ~~~~~~Decibel

                        A decibel is a unit of measurement of the
    I                  ~~~~~~intensity of sound (the sound pressure level).
                        Sound Level Meter

    I                   ~~~~~~A sound level meter is an instrument standardized
                        by the American Standards Association, which is
                        used for measurement of the intensity of sound and
                        is calibrated in decibels.
                        Octave Band

                        An octave band is one of a series of eight bands
                        which cover the normal range of frequencies
                        included in sound measurements. Such octave bands
                        serve to define the sound in terms of its pitch
                        components.

       I~~~~~~~~~~V1









                    Octave Band Analyzer

I                    ~~~~~~An octave band analyzer is an instrument used in
                    conjunction with a sound level meter to measure
                    sound in each of eight octave bands.

                    Impact Noises

                    impact noises shall be measured by means of an
I                  ~~~~~~impact noise analyzer.   Impact noises are those
                    whose peak values fluctuate more than six decibels
                    from the steady values indicated on the sound
                    level meter set at fast response.
                    Impact Noise Analyzer

                    An impact noise analyzer is an instrument used in
                    conjunction with the sound level meter to measure
                    the peak intensities of short duration sounds.

              b.    For the purpose  of measuring  the intensity  or
                    frequency of sound, the sound level meter, the
I                  ~~~~~octave  band  analyzer,  and  the  impact  noise
                    analyzer shall be employed. The "C" network and
                    the "slow" meter response of the sound level meter
                    shall be used.  Sounds of short duration, which
                    cannot be measured accurately with the sound level
                    meter, shall be measured with an impact noise
                    analyzer to determine the peak value of the
I                  ~~~~~impact.    For  sounds  so  measured,  the  sound
                    pressure levels set forth below in paragraph c may
*                   ~~~~~~be increased by six decibels.

              C.    The  number  of  decibels  shall  not  exceed  the
                    maximum permitted tor the designated octave banci
                    set forth herein as measured on the lot line of
                    the permitted industrial use:
3                    ~~~~~In the enforcement  of this  regulation, sounds
                    produced by the operation of motor vehicles or
                     other transportation facilities shall not be
                     included in determining the maximum permitted

                     decibel levels.





    I~~~~~~~~~~V1









                              Octave Band                Maximum Decibels
                          (cycles per secondjA

                             20    to     75                     72
                             75    to    150                     70
     1                      ~~~~ ~~~1.50    to    300             65
                            300    to    600                     59
                            600    to  1,200                     55
                          1,200    to  2,400                     47
                          2,400    to  4,800                     41
                             above 4,800                         39

  I              ~~~~d.    Whenever  an  industrial   district   adjoins  a
                        residence district, at any point at the district
                        boundary or within the residence district, the
    *                   ~~~~~maximum permitted decibel  level  in all  octave
                        bands shall be reduced by six decibels from the
                        maximum levels set forth above in paragraph c.

I     ~52-04      Vibration

                  a.    For the purposes of this Chapter the following
    I                  ~~~~~~terms are defined:

                        Steady State Vibrations

    U                   ~~~~~~Steady state vibrations are earth-borne oscilla-
                        tions that are continuous. Discrete pulses that
                        occur more frequently than 60 times per minute
                        shall be considered to be steady state vibrations.
                         Impact Vibrations

                         Impact vibrations are earth-borne oscillations
                         occurring in discrete pulses at or less than 60
    3                   ~~~~~~pulses per minute.

                        Frequency

    I                   ~~~~~~Frequency is the number of oscillations per second
                         of a vibration.

                        Three-Component Measuring System

                        A three-component measuring system is a device for
                         recording the intensity of any vibration in three
                        mutually perpendicular directions.
                  b.    Measurements shall be made with a three-component
    I                  ~~~~~measuring system.  The displacement shall be the
                        maximum instantaneous vector sum of the amplitude
                         in the three directions.

                                       V-13










               c.    The maximum steady-state vibration displacement
 I                  ~~~~~~in inches per second shall be as follows:
                     (1)   0.02 when measured at an adjoining residence
   I                      ~~~~~~~district boundary line.
                     (2)   0.05 when measured at a lot line adjacent
   *                        ~~~~~~~to the vibrating activity.

               d.    Impact vibrations may be at twice the maximum for
 *                   ~~~~~~steady-state vibration.

    52-05      Glare, Humidity, Heat

               Any activity producing excessive humidity in the form
               of steam or moist air, or producing intense heat or
               glare, shall be carried out in such a manner as not to
               be perceptible at or beyond any lot line.

               Required lighting, or lighting permitted by this
               Ordinance shall not produce glare in residence districts
               in excess of 0.5 candles.
    52-06      Radioactivity

               Radioactive emissions shall comply with the regulations
               of the U.S. Atomic Energy Commission set out in Chapter
               1 of Title 10 of the Code of Federal Regulations which
               apply to byproduct material , source material and special
               nuclear material , as those terms are defined in section
               Ile., z., and aa. of the Atomic Energy Act of 1954, as
I             ~~~~amended  (42 U.S.C. 2014(e),  (z), and  (aa), and the
               Radiation Health and Safety Act of 1968 (PL 90-602), as
               amended, or the implementing regulations of the Virginia
I             ~~~~Department of Health established pursuant thereto.
    52-07      Solid Waste and Liquid Pollution
I              ~~~~The discharge or other release of liquid or solid waste
               into public sanitary sewers, storm drains, or public
               waters shall comply with all applicable laws, rules, and
I             ~~~~regulations  governing  such  discharge  or  release,
               including but not limited to the Federal Water Pollution
               Control Act; the Virginia Water Control Law; and the
I             ~~~~Chesapeake Bay Preservation Act.




     I~~~~~~~~~~V1









                       ARTICLE VI NONCONFORMING USES

I     ~Chapter I  Purpose of Regulations

                 The zoning districts established in this ordinance are
                 designed to guide the future use of the County's land
                 by encouraging the development of desirable residential,
                 retail , and industrial areas with appropriate groupings
                 of compatible and related uses and thus to promote and
                 to protect public health, safety, comfort, prosperity,
                 and other aspects of the general welfare.

                 As a necessary corollary to carry out such purposes,
                 nonconforming uses which adversely affect the develop-
                 ment of such areas must be subject to certain limita-
                 tions.   The regulations governing nonconforming uses
                 set forth in this article are therefore adopted to
                 provide a gradual remedy for existing undesirable
                 conditions resulting from such incompatible noncon-
                 forming uses, which are detrimental to the achievement
                 of such purposes.

   *              ~~~~While such uses are generally permitted to continue,
                 these regulations are designed to restrict further
                 investment in such uses, which would make them more
   *              ~~~~permanent establishments in inappropriate locations.














        I~~~~~~~~~~V_









      Chapter 2  General Provisions
I     ~62-01       Continuation of Nonconforming Use
                 A nonconforming use may be continued, except as
  I             ~~~~otherwise provided in this article.
      62-02      Change of Nonconforming Use
  I              ~~~~A nonconf orming use may be changed to another noncon-
                 forming use that is the same or of a more restricted
                 operation or activity. In making such a determination
  I             ~~~~the Zoning Administrator  shall  consider  the  traffic
                 generating capacity of the use, the noise, glare, and
                 other characteristics that would be detrimental to the
  I             ~~~~well-being of permitted uses in the zoning district in
                 which the nonconforming use is located.

                 A nonconforming retail or industrial use in an agri-
                  cultural or residential district may be changed only to
                  a conforming use.

I     ~62-03       Enlargement or Extension

                  A nonconforming use may be enlarged or extended only as
  I             ~~~~follows:
                  a.    To accommodate a conforming use.
   I              ~~~~b.    To comply with the area, yard or height require-
                        ments for residential uses.
                  C.    Subject to the provisions of Article 1, Chapter
                        5, Development Plan Review, herein a nonconforming
                        use may be enlarged up to 40 percent of its
                        existing floor area provided that such enlarged
                        use is in accordance with the bulk regulations of
                        the zoning district in which it is located, and
                        the off-street parking and loading regulations of
                        Article IX, herein.
                  A nonconforming use may not otherwise be enlarged or
                  extended except in accordance with the provisions of
                  this Article.

       62-04      Repairs or Alterations
                  Repairs and residential alterations may be made in an
   *               ~~~~existing building or structure substantially occupied




        I~~~~~~~~~~V-









                 by a nonconforming use.   For the purposes  of this
                 chapter repairs and incidental alterations shall mean:

                 .a.    Changes  or  replacements  in the non-structural
                       parts of a building or other structure, without
                       limitation to the following examples:

                       (1)   Alteration of interior partitions to improve
                             livability in a nonconforming residential
                              building, provided that no additional
                             dwelling units are created thereby;

   I                   ~~~~~(2)   A minor  addition  on  the  exterior  of  a
                             residential building, such as an open porch;

                       (3)   Alteration  of  interior  non-load-bearing
                             partitions in all other types of buildings
                             or other structures;

    U                   ~~~~~(4)   Replacement of, or minor changes in, the
                              capacity of utility pipes, ducts, or
     *                        ~~~~~~~conduits; or

                        (5)   Changes in the message of signs;

                 b.    Changes or replacements in the structural parts
    I                  ~~~~~~of a building or other structure, limited to the
                       following examples or others of similar character
    *                   ~~~~~~or extent:

                        (1)   Making windows or doors in exterior walls

                        (2)   Replacement of building facades

                        Except as applied to nonconforming signs,
                        structural alterations may be made to comply with
                        requirements of law, or to accommodate a con-
                        forming use.

I     ~62-05       Nonconforming Lots of Record

                  in those cases where a permitted building or structure
  I             ~~~~cannot be constructed, erected, relocated or altered on
                  a lot recorded before the effective date of this
                  ordinance because of the area or yard provisions of the
                  zoning district in which such lot is located, an
                  application for a variance may be initiated in accord-
                  ance with the provisions of this Ordinance.

  I              ~~~~A use made nonconforming because of an eminent domain
                  proceeding, shall not be deemed a nonconforming use.

       I~~~~~~~~~~V-









      62-06      Damage or Destruction
  I              ~~~~No building or structure damaged by any cause whatsoever
                 to an extent of f if ty percent or more of its total floor
                 area shall be restored, repaired, replaced, or used
  U             ~~~except  in  accordance  with  the  provisions  of  this
                 ordinance and completed within 12 months of the date of
                 said damage or destruction.

I     ~62-07       Discontinuance
                 If, for a continuous period of two years, either a
                 nonconforming use is discontinued, or the active
                 operation of substantially all the nonconforming uses
                 in any building or structure is discontinued, such land,
                  building, or structure shall thereafter be used only for
                   aconforming use.   Intent to resume active operations
                 shall not affect the foregoing.

  I              ~~~~The provisions of this section shall not apply where
                 such discontinuance of active operations is directly
                 caused by war, strike, or other labor difficulties, a
  I             ~~~~governmental  program  of materials  rationing,  or the
                  construction of a duly authorized improvement project
                 by a governmental body or a public utility company.














       I~~~~~~~~~~V-









              ARTICLE VII PLANNED DEVELOPMENT REGULATIONS


    Chapter I Purpose

               In the proper circumstances, large-scale development
               should be encouraged to take place in appropriate
               locations. The objectives of such a policy include:

I              ~~~~a.    Achieving a more desirable living environment and
                     a more functional and efficient retail or
 *                   ~~~~~~industrial operation.

               b.    Stimulating  a more  creative  approach  to  land
                     development.

               C.    Encouraging  a  more  efficient,  aesthetic  and
                     desirable use of open space.
I              ~~~~d.    To encourage harmonious variety in the physical
                     development pattern of the County.

               e.    Accomplishing the goals of the Comprehensive Plan.

               The purpose of planned development regulations is to
I             ~~~~allow diversification in the relationships of various
               buildings or other structures and open spaces in planned
               building groups and the allowable heights of the
               buildings arnd other structures while ensuring sub-
I             ~~~~stantial compliance with the district regulations and
               other provisions of this Ordinance.  Adequate standards
               as set forth in this Ordinance are designed to protect
I             ~~~~the public health, safety, and general welfare without
               unduly inhibiting the advantages of modern large-scale
               planning and development.

    71-01      Applicable Regulations

               Population density and building intensity of any
               proposed area for development is to remain unchanged and
               conform to the basic overall provisions of the zoning
*              ~~~~district in which development is to take place.

    71-02      Development Plan Review

               An application for a building permit to construct a
I             ~~~~planned development shall be accompanied by the same
               material required by the provisions of Article I,
               Chapter 5 herein.




     I~~~~~~~~~~I-








   71-03       Pre-Application Conference
I               ~~~~A planned  development  applicant  shall  meet with the
              Zoning Administrator and other qualified County
              officials to review the application plan and proposal
               prior to its submittal  for review.   This process  is
              required to ensure a smoother procedure during the
              development plan review.




















     I~~~~~~~~~~I-









      Chapter 2  Use and Bulk Regulations

I     ~72-01       Use Regulations

                 Unless otherwise provided by the provisions of this
                 Ordinance, planned developments shall be subject to the
  U              ~~~~use regulations of the zoning district in which such
                 planned development is permitted.   off-street parking
                 and loading spaces shall be provided in accordance with
                 the provisions of Article IX of this Ordinance. Signs
                 shall be permitted and regulated according to the
                 provisions of the zoning district in which such signs
                  are permitted and by the provisions of Article I,
                 Chapter 3 herein.

I~~72 -02          Bulk Regulations

                  Planned developments may group or cluster buildings and
                  thus reduce specified minimum bulk regulations.   This
                  design alternative is intended to encourage permanent
                  preservation of open space and a more efficient and
                  improved use of the land to provide better building
   I             ~~~~sites by taking advantage of topography and minimizing
                  grading or the destruction of natural vegetation.
                  Planned developments shall not be approved where the
   *              ~~~~clear purpose of the design is to subvert the purposes
                  of these regulations by inclusion of excessively
                  unbalanced distribution of land among lots or inclusion
                  of open spaces which are inappropriately located or
   I             ~~~~which will not contribute to the future amenity of the
                  development. The minimum bulk regulations shall be as
                  follows except for waterfront lots, and lots fronting
                  upon a U.S. highway or state primary highway:
                  a.    The minimum lot area for a planned development
    *                   ~~~~~~proposal shall be 5 acres.

                  b.    The  maximum  height  of  buildings  shall  be  as
                        regulated by the provisions of the zoning district
                        regulations in which the planned development is
                        a permitted use.

   3              ~~~~C.    The maximum density for single-family detached
                        uses shall be as required by the provisions of
                        the zoning district. The maximum density for all
    *                   ~~~~~~other dwellings shall be four dwelling units per
                        acre.

                  d.    No minimum lot width shall be required for each
    I                  ~~~~~~building.




       I~~~~~~~~~~I-








                e. The minimum spacing between buildings shall be as
                   required by the provisions of the zoning district.
             f.    A minimum front, side and rear yard for residence
                   uses may be reduced a maximum of 10 percent of
I                  ~~~~~those required by the provisions of the zoning
                   district. The minimum front, side and rear yard
                   requirements for all other uses shall be the same
                   as required by the provisions of the zoning
                   district in which the development is permitted.
             g.    A lot within a flood plain, wetland, or covered
I                  ~~~~~~by any body of water shall not be counted as lot
                   area necessary to meet the density requirements
*                   ~~~~~~of this ordinance.

















   I~~~~~~~~~~I-









                    ARTICLE VIII OVERLAY DISTRICTS

   Chapter I Historic Districts

    81-01      Purpose
              The purpose of historic districts is to provide for
               protection against destruction of or encroachment upon
I             ~~~~historic areas, buildings, monuments or other features,
               or buildings and other structures of recognized
               architectural significance which contribute to the
I             ~~~~cultural,  social,  economic,  political,  artistic  or
               architectural heritage of the County and the Common-
               wealth of Virginia.   It is also the purpose of such
               districts to preserve designated historic areas and
               landmarks and other historic or architectural features,
               and their surroundings from destruction, damage,
               defacement, and incongruous development or uses of land.
I             ~~~~The regulations that follow are designed to ensure that
               buildings or other structures, streets, and walkways
               shall be erected, constructed, altered, relocated, or
I             ~~~~restored  to  be  architecturally  compatible  with  the
               character of the general area in which they are located
               and with the historic buildings or other structures
*              ~~~~within these districts.

    81-02      Criteria For Establishing Historic Districts
I              ~~~~The boundaries of an historic district shall be drawn
               to include landmark areas containing buildings or other
               structures or places in which historic events occurred
I             ~~~~or have special value to the public because of notable
               features relating to the culture or artistic heritage
               of the community. These should be of such significance
               as to warrant conservation and preservation.   These
               districts may include either individual buildings or
               other structures or places or an area within a reason-
               able distance beyond. They may also include areas or
I             ~~~~groupings of buildings or other structures which have
               significance because of their development patterns or
               social, economic, or architectural interrelationships
I             ~~~~even though some buildings or other structures might not
               possess significant merit when considered alone. In any
               case, the location of the district shall be based upon
               careful studies which describe the characteristics of
               the area and support the purposes of conservation and
               preservation.


     I~~~~~~~~~VI-









   81-03      Inventory  of  Landmarks  and  Contributing  Properties
*              ~~~~Established

              The Architectural Review Board (hereafter referred to
               as ARB) established in this Article VIII shall prepare
I             ~~~~and recommend for adoption as a part of this Ordinance
               an inventory map of the landmark areas to be considered
               for inclusion in an historic district. Such a map shall
               be as much a part of this Ordinance as if fully
               described herein and shall be filed as a part of this
               Ordinance. All landmark buildings or other structures
               or places designated on said map shall be considered as
I             ~~~~landmarks for the purposes of this Ordinance.  Buildings
               or other structures, or places designated as properties
               which contribute to the historic character of the County
I             ~~~~but which do not contain landmark buildings or other
               structures or places shall be known as contributing
               properties.   All other properties shall be known as
               non-contributing properties. The inventory map may be
               amended in the same manner as the Zoning Map.
    81-04      Establishing Historic Districts

               To enable the historic districts to operate in harmony
               within the purpose of this Ordinance, the district is
I             ~~~~created as an overlay district to be superimposed on
               other zoning districts. The overlay districts shall be
               designated by a special symbol for its boundaries on the
*              ~~~~Zoning Map.

               The 2ARB may propose to the Board of Supervisors the
               establishment or revision of historic districts. Upon
I             ~~~~receipt of such proposal , the Board of Supervisors shallI
               initiate an amendment in accordance with the provisions
               of Article X of this Ordinance.   The ARB shall also
               submit at the same time with said proposal, a report to
               substantiate the establishment or revision of an
               historic  district.    Such  report  shall  include  a
               definition of the historic district boundaries as
I             ~~~~delineated upon an appropriate map; a description of the
               historic district, and the architectural significance
               of the buildings or other structures or places to be
I             ~~~~protected; special characteristics and qualities to be
               preserved; and a description of present trends and
               conditions, current and long-range planning, and
U              ~~~~desirable public objectives for preservation.

    81-05      Permitted Uses
I              ~~~~Within an historic overlay district all uses shall be
               permitted and regulated in accordance with the regula-
*              ~~~~tions applicable to the zoning districts over which the

                                  VIII-2









              historic district is superimposed except as otherwise
              provided in this Article VIII, or for a particular
I            ~~~~historic  overlay district.   The ARB shall  submit  a
              .recommendation to the Zoning Administrator concerning
              every application for a building permit or use of land
I             ~~~~located within an historic district.
   81-06      Limitations on Uses

I              ~~~No  building  permit,  variance,  or  certificate  of
              occupancy shall be approved where the operational
              characteristics would tend to destroy or encroach upon
              the character of the historic district.
              No building or other structure or use of land shall be
               erected,  constructed,  altered,  relocated,  externally
              remodeled, altered, or occupied within any historic
              district unless approved by the ARB as compatible with
              the historical, architectural, or cultural aspects of
               the landmark. Nor shall any official historic landmark
              be razed, demolished, moved, or relocated unless
               approved by the ARB.

    81-07      Architectural Review Board Established

*              ~~~~For the purposes of this Article specifically and the
               purposes of this Ordinance generally, there is hereby
               created an Architectural Review Board (ARB) whose
*              ~~~~members shall be appointed by the Board of Supervisors.

    81-08      Membership

               The ARE shall be composed of five voting members who
               shall be residents of the County with a demonstrated
               knowledge of and interest in the preservation of
               historical and architectural landmarks. Where qualified
               residents cannot be found or are unwilling to serve, the
               Board of Supervisors may seek qualified members beyond
               the boundaries  of the County.   Membership  shall  be
               qualified as follows:
               a.    At  least  one  member  shall  be  a  registered
                     architect.
               b.    At  least  one  additional  member  shall  have
                     professional training or equivalent experience in
                     architecture, history, architectural history,
                     archaeology, or planning.

I              ~~~~C.    One member shall be a member of the Commission.




     I~~~~~~~~~VI-










      81-09      Term of office

                 Members shall be appointed for a term of four years.
                 Initial appointments shall be three members for four
                 years, and the remaining members for two years.   The
                 term of any Commission member shall be concurrent with
                 that member's appointment to the Commission. Vacancies
                 shall be filled within 60 days.

1     ~81-10      organization and Rules

                 The ARE shallI elect f rom its own membership its of ficers
                 who shallI serve annual terms and may succeed themselves.-
                 Meetings of the ARB, shall be called by the Chair as
                 needed or by a majority of the members after 24 hours
                 written notice to each member served personally or left
                 at member's usual place of business or residence. Such
                 notice shall state the time and place of a meeting and
  *              ~~~~the purpose thereof.

                 Written notice of a special meeting :s not required if
                 the time of the special meeting has been fixed at a
  I             ~~~~regular meeting or if all the members are present at a
                 special meeting or file a written waiver of notice.  For
                 the conduct of any hearing and the taking of any action,
                 a quorum shall be not less than a majority of all voting
                 members of the ARB. The ARE may establish the rules and
                  forms for its procedures.

   I              ~~~~The Board shall establish procedures for all matters
                  coming before it for review and all meetings shall 'De
                  open to the public. Adequate notice shall be given to
   I             ~~~~the applicants, but meetings need not be advertised in
                  advance except in the case of a proposal to demolish cr
                  move a designated 'landmark or contributing property.
                  Notice when required shall be the publication of an
                  agenda in the newspaper of general circulation in the
                  county seven days pDrior to the meeting.

   I              ~~~~ARE members shall disqualify themselves from partici-
                  pating in any way upon a matter before the ARE in which
                  their financial interests or those of their immediate
                  family are directly involved.

       81-11      Powers and Duties

   I              ~~~~The ARB shall have the following powers and duties:

                  a.    To hear and decide applications for a building
                        permit or a permit to demolish, move or relocate
                        any officially designated historic landmark,
                        building, or structure.

                                     VIII-4










              b.    To  review  and  make  recommendations  on  all
                    applications for zoning changes, variances, and
                    all submissions of site plans, development plans,
                    subdivision plats, and grading plans.

              C.    To propose the establishment of historic overlay
                    districts as well as the revisions of existing
 *                   ~~~~~~districts.

              d.    To assist and advise County officials in matters
                    involving historically significant sites and
                    buildings and other land use in the historic

              e.    To advise owners of historic landmarks, buildings
                    or structures on problems of preservation.

              f.    To  formulate  recommendations  concerning  the
                    establishment of an appropriate system of markers
                    for selected historic sites and buildings,
                    including proposals for the installation and care
                    cf such markers.
              g.    To cooperate with and enlist assistance from the
                     Virginia Historic Landmarks Commission, the
                    National Trust for Historic Preservation, and
                    other interested parties, both public and private,
                    in its efforts to preserve, restore, and conserve
                     historic and aesthetic landmarks, buildings or
                    other structures or places.

*              ~~~~h.    To maintain an accurate  record  of all  of its
                    activities.

              i.    To  periodically  review  a  list  of  exemptions
                    contained in Section 8I-!1" of this Article and
                    make appropriate recommendations for additions cr
                    deletions.

               j.    To  prepare  and  adopt  specific  guidelines  for
                    buildings or other structures and places in
                    historic districts which have special char-
                     acteristics and architectural features which are
                        peclia tothe district  and which  should be
                     preserved and to make these guidelines available
                     to property owners within the historic district
                     as well  as to the general  public.   After  an
                     historic district is approved, specific guidelines
                     shall be adopted for such districts as may be




    I~~~~~~~~~VI-










   81-12      Minor Actions Exempted from Review

I              ~~~~The following minor action may be undertaken without
               review and recommendation by the ARB:

               a.    Repainting of exterior surfaces except that the
                     original painting of masonry surfaces shall be
                     subject to review.

I              ~~~~b.    Except  on  landmark  buildings  and  structures,
                     replacement of broken or missing window panes,
                     roofing slates, tiles or shingles, on outside
 I                  ~~~~~doors,  window  frames,  or  shutters  where  no
                     substantial change in design or material is
 *                   ~~~~~~proposed.

               C.    Addition  or deletion  of storm doors  or storm
                     windows, window boxes, awnings, canopies, portable
                     air conditioners located in existing windows,
                     doors or other existing wall openings, or similar
                     appurtenances.

I              ~~~~d.    Addition  or deletion  of  television  and  radio
                     antennas, skylights, and solar collectors in
                     locations not visible from a public street.

               e.    Landscaping involving minor grading, walks,  low
                     retaining   walls,   temporary   fencing,   small
                     fountains, ponds and the like, which will not
                     substantially affect the character of the property
                     and its surroundings.

I              ~~~f.    Minor  additions  or  deletions  to  a  main  or
                     accessory building or other structure which will
                     not   substantially   change  its   architectural
                     character or which are not within public view.
               g.    Construction  of  accessory  buildings  or  other
                     structures on properties which are not designated
 I                  ~~~~~~as landmark or contributing properties and which
                     are generally in keeping with the character of the
                     existing structure and its surroundings.

               h.    Erection of any sign permitted in a residence
                     district and any permitted non-illuminated flat
                     wall sign not exceeding 32 square feet in surface
                     area in a retail or industrial district.

                  i. Construction of off-street loading and off-street
                      parking spaces containing five spaces or less in
                      a retail or industrial district.


     I~~~~~~~~~~VT-









               j.    Creation  of  outside  storage  in  a  retail  or
                     industrial  district  which  does  not  require
                     structural changes or major grading and is not
                     visible from a public street.

*              ~~~~Provided however that the Zoning Administrator shall
               have authority to order that work be stopped and that
               an appropriate application be filed for review by the
               ARB where the action may have an adverse effect on the
               historic district.   An adverse effect may be violent
               contrasts of materials or colors and intense, or lurid
               colors or patterns, or details clearly inconsistent with
I             ~~~~the character of the present structures or with the
               prevailing character of the surroundings and the
*              ~~~~historic district.

    81-13      Actions Subject to Review

               For the purposes of the Article VIII, alterations shall
I             ~~~~be defined  as all  work  done  on buildings  or other
               structures cr places in an historic district other than
               those specifically exempted by Section 81-12, and work
I             ~~~~done to prevent deterioration or to replace or restore
               a building or other structure with similar materials to
*              ~~~~correct deterioration or decay.

               Alterations include:

               a.    Construction of a new main or accessory building
                      or other structure at any location within the
                     historic district.

I              ~~~~b.    Any addition to or alteration of a building or
                     other structure which increases its floor area or
                     otherwise alters substantially its size, height,
 *                   ~~~~~~contour or outline.

               C.    Any change or alteration of the exterior archi-
                     tectural style of a contributing or landmark
                     building or other structure.
               d.    Addition or removal of one or more stories or the
                     alteration of a roof line.
               e.    Landscaping which involves major changes of grade
                     or walls and fences more than three-and-one-half
                     feet in height.
               f.    All signs except those exempted in Section 81-12.

               g.    Any other major actions not specifically covered
 *                   ~~~~~~by th e terms of this Section but which would have

                                  VIII-7









                     a substantial effect on the character of the
                     historic district.

               A request for an interpretation of this Chapter may be
               made to the Zoning Administrator prior to commencement
I             ~~~~of work.
    81-14      Maintenance and Repair Required

I              ~~~~All  buildings  and  other  structures  in  an  historic
               district shall be preserved against decay, deteriora-
               tion, and structural defects that may, in the opinion
U             ~~~of  the  ARB,  result  in  irreparable  damage  to  such
               buildings or other structures or to the character of the
               historic district as follows but not limited to:

               a.    The  deterioration  of  exterior  walls  or  other
                  b. vertical supports;
                  b. The deterioration of roofs or other horizontal
                     members;

I              ~~~~C.    The deterioration of exterior chimneys;

               d.    The deterioration or crumbling of exterior plaster
 3                   ~~~~~~or mortar;
               e.    The ineffective waterproofing of exterior walls,
                     roofs and foundations, including broken windows
                     or doors;
               f.    The peeling of paint, rotting, holes, and other
                     forms of decay;
               g.    The  'lack  of  maintenance  of  the  surrounding
                      environment e.g. fences, gates, sidewalks, steps,
                     signs, accessory structures, and landscaping;

               h.    The deterioration of any feature so as to create
                      or permit the creation of any hazardous or unsafe

               After notice by the ARB by certified or registered mail
               of specific instances of failure to maintain or repair,
               and of an opportunity to appear before the ARB, the
               owner of said building or other structure shall have 90
               days to remedy such violation.
               Thereafter, each day during which there exists any
I             ~~~~violation of this Section shall constitute a separate
               offense and shall be punishable as provided in this
3              ~~~~ordinance.

                                  VIII-8










                 In the alternative, if the owner fails to act after due
                 notice, the ARE may order the Zoning Administrator, to
                 enter the property and cause to be made such repairs as
                 are necessary to preserve the integrity and safety of
                 the building or other structure. The reasonable costs
                 of such repair shall be placed as a lien against the
                 property or, in a proper hardship case, paid by the
                 County from a fund established for such purposes.
      81-15      Hazardous Buildings or Structures
  3              ~~~~Nothing in this Article VIII shall prevent the razing
                 or demolition of any building or other structure without
                 a recommendation from the ARB of an unsafe condition
                 that would endanger life or property, if such demolition
                 is provided for in the Building Code or other applicable
                 County ordinance.   However, such action shall not be
                 commenced without written approval of the County Manager
                 verifying the conditions necessitating such action.
3     ~81-16      File of Actions to be Maintained

                 To provide guidance for the application of standards and
                 guidelines, for the improvement of standards and
                  guidelines, and for assistance to future applicants, and
                 the promotion of consistent policies in guiding
                 applicants toward better standards of design, the Zoning
                 Administrator and the ARE shall maintain a file
  I             ~~~~containing a record of all applications brought before
                  them.   These  applications  shall  include appropriate
                 drawings and photographs and the decisions of the Zoning
  U             ~~~~Administrator  and the ARB in each  case.   The  file
                 documents shall remain the property of the County but
                  shall be held available for public review.

I     ~81-17      Standards for Review
  3              ~~~~In keeping with the purposes of this Article VIII, the
                  ARE and the Zoning Administrator shall he guided by the
                  standards  and guidelines  set  forth herein.   in the
                  application of these standards and guidelines it should
                  be recognized that an historic district may containa
                  considerable diversity in its architecture. Therefore,
                  variety of architectural detail can be tolerated in such
                  an area where such variety would not be acceptable in
                  case of an area or where consistency in architectural
                  detail is the key to preservation of the charm of the
  3              ~~~~historic district in question.



       I~~~~~~~~~VI-









      81-18   General Guidelines for all Decisions

I              ~~~The  following  standards  shall  be  used  as  general
               guidelines in the administration of this Chapter:

*              ~~~~a.    The public necessity of the proposed construction,
                     demolition, or use.

               b.    The public purpose or interest in land, buildings
 1                  ~~~~~~or other structures to be protected.

               C.    The  historic  or  architectural  value  and  sig-
                     nificance of a particular building or other
                     structure and its relationship to the historic
                     value of the surrounding area.

               d.    The age and character of an historic building or
                     other structure, its condition and its probable
                     life expectancy, and the appropriateness of the
                     proposed changes to the period during which it was
                     built.

I              ~~~~e.    The general compatibility of the development plan
                     and the exterior design arrangement, texture, and
                     materials proposed to be used.

H              ~~~~f.    The view of the building, structure, or area from
                     an existing or future public street or road.

I               g~~~~. The  present  character  of  the  setting  of  the
                     building, structure, or area and its surroundings.

    81-19      Guidelines for New Construction

               Where new construction is proposed, the design should
               take into account those special visual and spacial
               qualities that the historic district is established to
               protect, including building heights, scale of buildings,
               facade proportions and window patterns, size, shape, and
I             ~~~~proportions   of  entrance   and   porch   projections,
               materials, textures, color, architectural details, roof
               forms, horizontal or vertical emphasis, landscaping,
I             ~~~~walls  and  fences.    Since  architectural  styles  and
               details vary from one section of an historic district
               to another, application of architectural guidelines for
               new construction should recognize relationships among
               buildings or other structures in the immediate setting
               rather than specific styles or details.


    I~~~~~~~~~~II1









   81-20      Guidelines for Rehabilitation, Repair or Alteration

              a.    Every reasonable effort should be made to provide
                    for the original or a compatible use of the
                    building or other structure, or place, and its
                     environment which requires minimal alteration.
              b.    The distinguishing original qualities or character
                     of a building or other structure, or place, and
 1                  ~~~~~~its environment should not be destroyed.   The
                     removal or alteration of any historic material or
                     distinctive architectural features should be
                     avoided whenever possible.
               C.    A building or other structure, and place should
                     be recognized as products of their own time.
                     Alterations that have no historical basis and
                     which seek to create an earlier appearance should
 *                   ~~~~~~be discouraged.

               d.    Changes which may have taken place in the course
                     of time are evidence of the history and develop-
 I                  ~~~~~~ment of a building or other structure, or place,
                     and  i ts  environment.   These  changes  may  have
                     acquired significance in their own right, and this
 *                   ~~~~~~significance should be recognized and respected.

               e.    Distinctive  stylistic  features  or  examples  of
                     skilled   craftsmanship,   especially   hardware,
 I                  ~~~~~woodworking,  and  masonry  details  which  char-
                     acterize a building or other structure, or place
 *                   ~~~~~~should be treated with special care.

                  f. Deteriorated  architectural  features  should  be
                     repaired rather than replaced whenever possible.
                     In the event replacement is necessary the new
                     material should match the material being replaced
                     in size, shape, design, color, texture, and other
                     visual quality. Repair or replacement of missing
 I                  ~~~~~~architectural features should be based on accurate
                     duplications   of   features   substantiated   by
                     historic, physical, or pictorial evidence rather
 1                  ~~~~~than an conjectural designs or the availability
                     of different architectural elements from other
                     buildings or structures.

I               g~~~~. The  surface  cleaning  of  structures  -should  be
                     undertaken with the gentlest means possible.
                     Sandblasting and other cleaning methods that will
                     damage the historic building materials should not
                     be undertaken.


    I~~~~~~~~~~II1









                h.    Every reasonable effort should be made to protect
                      and preserve archeological resources.

                i.    Contemporary design for alterations and additions
                      should not be discouraged when such alterations
                      and additions do not destroy significant his-
                      torical, architectural, or cultural material and
                      such design is compatible with the size, scale,
                       color, material, and character of the building or
                       other structure in question, and its surroundings.-
                    j. Whenever possible, new additions or alterations
   I                 ~~~~~~should be undertaken in such a manner that if such
                       additions or alterations were to be removed in the
                       future, their essential form and integrity would
   3                  ~~~~~~be unimpaired.

      81-21      Guidelines for Relocation

  I             ~~~~a.    Relocation should not have a detrimental effect
                       on the structural soundness ot the landmark
                       building or other structure.

                 b.    Relocation should not have a detrimental effect
                       on the historical aspects of other landmarks in
                       the historic district.

                 C.    Relocation should provide new surroundings that
                       would be harmonious and compatible with the
                       historical and architectural aspects of the

                 d.    Plans for future use of the site after relocation
                       should be appropriate at this location.

                 e.    Relocation should be the only feasible means of
    I                 ~~~~~saving the structure from demolition or neglect.

3     8~1-22      Guidelines for Demolition

                 Before approving demolition, the following shall be
  *              ~~~~applied:
                 a.    The building or other structure is not of such
                       architectural or historic interest that its
    *                  ~~~~~~removal would be contrary to the public interest.

                 b.    The building or other structure is not of such
                       interest or significance that it would qualify as

                       a National, State or local historic landmark.

       U~~~~~~~~~~II1









                 C.    The  building  or  other  structure  would  not
                       contribute to the preservation and protection of
   I                  ~~~~~an historic place or area of historic interest.
                 d.    Future use of the site after demolition would be
    *                   ~~~~~~appropriate.

      81-23      Guidelines for Signs

  I              ~~~~Signs should relate to, rather than obscure and disrupt,
                 the design elements of the building or other structure
                 with which they are associated or to which they are
  I             ~~~~attached.   Signs should also be compatible with other
                 signs, buildings or other structures along the street.
                 Considerations for compatibility include dimensions,
                 subject matter, materials, color, letter styles,
                 legibility, lighting, overall effect, and placement on
                 the lot or on the building or other structure.
                 Permitted signs shall also be subject to the provisions
                 of this Ordinance applicable to other signs.

1     ~81-24      Guidelines for Parking and Loading Spaces

                 Off-street parking and loading spaces shall be suitably
                 landscaped and where appropriate screened from public
                 view  by  fences,  walls,  or screen  planting.   It is
                 recommended that paved parking and loading spaces other
                 than driveways be located to the side or rear of the
                 building or other structure and not located between a
                 building or other structure and the street.
      81-25      Guidelines for Landscaping and Accessory Uses
                 Plants, trees, fencing, walls, walkways, gazebos, and
                 other outbuildings should be retained or designed to
                 reflect the history and development of the building or
                 other structure, or place. Underground utilities should
                 be encouraged at all locations.   Mechanical equipment
                 should be placed in inconspicuous locations. Municipal
  I             ~~~~utility appurtenances should be selected to harmonize
                 with the character of the historic district or placed
                 in inconspicuous locations.

      81-26      Right of Appeal

                 a.    Any person aggrieved by a decision of the ARE may
    I                  ~~~~~~appeal such decision to the Board of Supervisors,
                       provided such appeal is filed within 20 days of
                        the ARE's decision.   The appeal  process  shall
    U                  ~~~~~include consultation with the ARE.  The Board of
                        Supervisors may affirm, reverse, or modify the

       U~~~~~~~~~~II1









                    decision of the ARE, and its determination shall
 *                   ~~~~~be forwarded to the Zoning Administrator.

              b .    Any person aggrieved by any final decision of the
                    Board of Supervisors, or any officer, department,
 I                 ~~~~~board, or agency of the County, may appeal such
                    decision to the Circuit Court of Richmond County
                    for review by filing a petition at law setting
                     forth the alleged illegality of the action of the
 I                  ~~~~~~Board of Supervisors.   Such petition shall  be
                     filed within 30 days after the final decision is
                     rendered by the Board of Supervisors. The filing
 I                  ~~~~~~of said petition shall stay the decision pending
                     the outcome of the appeal to the Court, except a
                     decision of the Board of Supervisors denying the
 I                  ~~~~~~right to raze or demolish any historic landmark,
                     building  or  other  structure.    The  Court  may
                     reverse, modify, or affirm the decision of the
                     Board of Supervisors.

   81-27      offer to Sell
I              ~~~~In addition to the right of appeal set forth in this
               Chapter 1, the owner of an historic landmark, building
               or other structure, shall, as a matter of right, be
I             ~~~~entitled to raze or demolish such landmark, building or
               other structure, provided that:
               a.    The owner has applied to the ARB and Board of
 I                  ~~~~~~Supervisors for such right;

               b.    The owner has for the period of time set forth
                     below and at a price reasonably related to its
                     fair market value, made a bona fide offer to sell
                     such landmark, building or other structure, and
                     the land pertaining thereto, to any government
                     entity which gives reasonable assurance that it
                     is willing to preserve and restore such landmark,
                     building or other structure and the land per-
                     taining thereto; and
               C.    No bona fide contract, shall have been executed
 I                  ~~~~~for the sale of any such landmark,  building or
                     other structure, and the land pertaining thereto,
                     prior to the expiration of the applicable time
                     period set forth below. any appeal which may be
                     taken to the Court from the decision of the Board
                     of Supervisors, notwithstanding the provisions
                     heretofore stated relating to a stay of the
 I                  ~~~~~~decision appealed from, shall not affect the right
                     of the owner to make the bona fide offer to sell
                     ref erred to above. No of fer to sellI shallI be made
                                 VIII-14










                more than one (1) year after a final decision by
                the Board of Supervisors, but thereafter the owner
                may renew his request to approve the razing or
                demolition of the historic landmark, building or
                other structure. The time schedule for offers to
                sell shall be as follows:

                (1)   Three months when the offering price is less
                      than $25,000.

                (2)   Four months  when  the  offering  price  is
                      $25,000 or more, but less than $40,000.

                (3)   Five months  when  the  offering  price  is
                      $40,000 or more, but less than $55,000.

                (4)   Six  months  when  the  offering  price  is
                      $55,000 or more, but less than $75,000.

                (5)   Seven months when the offering price is
                      $75,000 or more, but less than $90,000.

                (6)   Twelve months when the offering price is
                      $90,000 or more.

81-28      Administrative Process

          Applications for building permits within an historic
          district shall be processed in accordance with the
          procedures set forth in this Chapter.   A copy of the
          application and all required documentation shall be
          referred to the ARB.

81-29      Required Documentation

          Applicants shall submit at least three copies of
          documents  required  for compliance with this Article
          VIII. The ARB may require submission of any or all of
          the following in connection with the application:
          architectural  plans,  site plans,  landscaping  plans,
          construction methods, proposed signs with appropriate
          detail as to character, proposed exterior lighting
          arrangements, elevations of all portions of buildings
          or other structures with important relationships to
          public view including indications regarding construction
          materials, design of doors and windows, colors, and
           relationships to adjoining structures, and such other
          information as is necessary for it to determine
           compliance.    Requests  for  approval  of  activities
          proposed in historic districts shall be accepted only
           from the record owner or agent.


                            VIII-15








                 For minor actions not required to be reviewed by the ARE
                 and which may be approved by the Zoning Administrator,
  I             ~~~~an application shall be submitted on a form provided by
                 the County to determine if the proposed action is exempt
                 from review by the ARE.  Should the proposed action not
  I             ~~~~be capable of adequate description on the application
                 form, the Zoning Administrator may require additional
                 information, including photographs, sketches, and
                 samples of materials or such other information as may
                 be required for a decision.
1     ~81-30       Review by ARE
                 An application for a building permit shall be granted
                 within 60 days after the filing of the application
  I             ~~~~accepted as complete unless the applicant agrees to an
                 extension.   Except  as otherwise provided in Section
                 81-33, failure to render such a decision within the
                 agreed upon time shall be deemed an approval of the
                 application. A building permit shall be issued upon a
                 written agreement by the applicant to comply with the
                 conditions embodied in the decision of the ARE.

      81-31      Expiration of Permits
                 Any permit issued pursuant to this Article shall expire
                  of its own limitation 12 months from the date of
                  issuance i f the work authorized thereby is not commenced
                  or is suspended or abandoned by the end of such 12 month
  I             ~~~~period.  Any period during which the right to use any
                  such permit is stayed pursuant to this Article VIII
                  shall be excluded from the computation of the 12. months.
       81-32       Inspection by Zoning Administrator
                  The Zoning Administrator shall inspect the work approved
   I             ~~~~by such permit  and shall  give prompt  notice  to the
                  applicant of any work in violation thereof or of any
                  other   ordinances   of   the   County.       The   Zoning
                  Administrator may revoke the permit if violations are
                  not corrected by the applicant in a timely manner.

       81-33      Delay of Approval
                  Where the ARE or Board of Supervisors cannot reach an
                  agreement with the owner, either entity may delay the
                  effective date of an approval for a period of 3 months
                  from the date of an approval or appeal required by
                  Section 81-30 above, to enable negotiations to take
                  place for the acquisition of the landmark, building or
                  other structure, or place. Failure of such negotiations


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              shall be deemed a denial of the application by the ARE,
              or an appeal to the Board of Supervisors.

   81-34      Conditions for Approval

              The ARE or Board of Supervisors may impose such
              conditions as deemed reasonable before approving an
              application for a building permit in keeping with
*              ~~~~purposes of the ordinance.

    81-35      Other Required Approvals
              Where a proposal also requires the approval of the Board
              of Zoning Appeals, final action by the Board shall
              precede final action by the ARB. The Board may however,
               table a proposal to request the comments of the ARB.
              Final action by the ARE shall be taken prior to
              consideration of proposals requiring development plan
              approval.    Preliminary  subdivision  plats  shall  be
I             ~~~~reviewed and commented upon by the ARB prior to final
              action by the Commission.














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      Chapter 2  CB  Chesapeake Bay Protective District

1     ~82-01      Purpose

                 In keeping with the findings and purpose of the
                 Chesapeake Bay Preservation Act, Chapter 21, Title 10.1
  U              ~~~~of the Code of Virginia, the land use and development
                 regulations that follow are designed to, among other
  *              ~~~~things,

                 a.   protect the economic and environmental integrity
                      of the Chesapeake Bay;
                 b.   reduce water pollution and enhance water quality
                      and encourage the growth of aquatic life; and

                 C.   control flooding and shoreline erosion.

                 The provisions of this Chapter shall be interpreted and
                 words defined to avoid conflict with the provisions of
                 the Chesapeake Bay Preservation Act.

I      9~2-02     County Designation

                 The natural features of Richmond County include
                 topographic variety as well as a variety of water
                 bodies, wetlands, streams, creeks, and rivers that are
                 major tributaries to the Chesapeake Bay.  Inappropriate
                 land use and development will have an adverse impact
   I             ~~~~upon the environment  and economic well-being  of the
                 State and the County.  The environmental and economic
                 quality of the Chesapeake Bay is of vital importance to
   I             ~~~~the State and the County.  Therefore, Richmond County
                 in its entirety is hereby designated a CB Chesapeake Bay
                 Protective District.

U     ~82-03      Applicability

                 Every use of land in a CB Chesapeake Bay Protective
                 District shall be subject to the provisions of Article
                  I, Chapter 5, Development Plan Review herein, and Part
                  IV, Land Use and Development Performance Criteria, of
   I             ~~~~the final regulations, VR 173-02-01, of the Chesapeake
                  Bay Local Assistance Board.




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