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Building & Zoning – Zoning Ordinance - Article 5

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ARTICLE 5. SUPPLEMENTARY REGULATIONS

Sec. 5-1. Applicability of article.

     The regulations set forth in this article are additions or exceptions to, and qualify, supplement or modify, as the case may be, the regulations and requirements set forth in the district regulations contained in Article 4 of this Ordinance.

Sec. 5-2. Sign regulations.

     5-2.1. Signs generally. The sign regulations contained in this section shall apply generally to signs in all districts, and no sign shall be erected, constructed, installed or attached except in conformity with all of the provisions set forth in this section for the particular sign in the district in which it is located. Definitions of the various types of signs regulated herein, as well as the method of measuring the area of signs, shall be as set forth in Article 11 of this Ordinance.

     5-2.2. Permitted signs in A-RR, R-1 and R-2 Districts. The following signs shall be permitted in the A-RR, R-1 and R-2 Districts:

  1. Signs not exceeding in the aggregate twenty-four (24) square feet in area identifying a church, school, park, playground, library, museum or other permitted nonresidential use. Such signs shall be attached flat against a main building or may include not more than one (1) freestanding sign. In the case of a freestanding sign, an additional area not exceeding twenty-four (24) square feet may be devoted to architectural elements which serve as support, boarder or base for such sign and which are not a part of the message portion of the sign.
     

    1. No freestanding sign shall exceed a height of eight (8) feet.
       

    2. No freestanding sign shall be located within ten (10) feet of any street line, other property line, alley or driveway intersecting a street.
       

  2. One (1) freestanding sign per street entrance identifying a residential subdivision or a manufactured home park. Such sign shall be subject to the requirements for freestanding signs set forth in section 5-2.2 (1).
     

  3. One (1) sign not exceeding twenty-four (24) square feet in area identifying a multifamily development, single-family attached development site, nursing home or lodginghouse. Such sign shall be attached flat against a main building or may be freestanding, provided that a freestanding sign shall be subject to the requirements set forth in section 5-2.2 (1).
     

  4. One (1) or more temporary signs not exceeding in the aggregate six (6) square feet in area pertaining to the sale, rental or lease of the premises on which they are located. Such signs shall not be illuminated, shall not be located within five (5) feet of any street line, other property line, alley or driveway intersecting a street, and shall be removed when the sale, rental or lease of the premises is consummated.
     

  5. One (1) or more temporary signs not exceeding in the aggregate thirty-two (32) square feet in area identifying the use to be made of a building under construction on the property on which such signs are located or identifying the contractor, subcontractors, architect, lending institution or other party involved with such construction. Such signs shall not be illuminated, shall not be located within ten (10) feet of any street line, other property line, alley, or driveway intersecting a street, and shall be removed upon completion or abandonment of the construction activity to which they pertain.

     5-2.3. Permitted signs in B-1 Districts. The following signs shall be permitted in the B-1 Limited Business District:

  1. Any sign permitted in the A-RR, R-1 and R-2 Districts and set forth in section 5-2.2 of this article, provided that signs identifying uses which are permitted in the A-RR, R-1 or R-2 Districts shall be subject to the regulations set forth in that section.
     

  2. Signs attached flat against or painted on a vertical surface of a main building or accessory structure, other than a structure intended principally for sign purposes, when such signs do not extend beyond the extremities of the surface of the building or structure to which they are attached.
     

  3. Signs attached to a mansard or other sloped roof of a main building, when such roof has a pitch of sixty (60) degrees or greater, and when such signs are parallel to the building wall and do not extend beyond the extremities of the roof to which they are attached.
     

  4. Signs suspended from a covered vehicle driveway, covered walkway or covered entranceway to a building, when such signs do not exceed in the aggregate eight (8) square feet in area and are provided with an underclearance of not less than ten (10) feet.
     

  5. One (1) freestanding sign along each street frontage of one hundred (100) feet or more in length, when the main building on the lot is set back twenty-five (25) feet or more from the street line along such frontage, provided that:
     

    1. Where more than one (1) freestanding sign is permitted on a lot having multiple street frontages, the distance between freestanding signs on the same lot shall be not less than one hundred (100) feet;
       

    2. No freestanding sign shall exceed one hundred (100) square feet in area or twenty (20) feet in height, except that on a shopping center site, one (1) freestanding sign not exceeding three hundred (300) square feet in area shall be permitted along each street frontage when no other freestanding signs are located on the site;
       

    3. No freestanding sign shall be located within fifty (50) feet of any lot in an A-RR, R-1 or R-2 District, or within ten (10) feet of any street line, other property line, alley or driveway intersecting a street.
       

  6. The aggregate area of all signs located on a lot, other than a lot devoted to a shopping center, shall not exceed one (1) square foot for each lineal foot of lot frontage on a public street. In the case of lots having more than one (1) frontage on a public street, the maximum permitted sign area shall be determined by the frontage having the greatest dimension.
     

    1. In the case of a shopping center, the maximum area of signs attached to any portion of a building devoted to a particular tenant shall not exceed one (1) square foot for each lineal foot of building frontage devoted to such tenant.
       

    2. In no case shall the provisions of this paragraph be construed to restrict any lot or any tenant in a shopping center to less than forty (40) square feet of sign area.
       

  7. The maximum number of signs located on a lot, other than a lot devoted to a shopping center, shall not exceed one sign for each twenty (20) feet of lot frontage or major fraction thereof on a public street. In the case of lots having more than one (1) frontage on a public street, the maximum number of signs shall be determined by the frontage having the greatest dimension.
     

    1. In the case of a shopping center, the maximum number of signs attached to any portion of a building devoted to a particular tenant shall be not exceed one (1) sign for each twenty (20) feet of building frontage or major fraction thereof devoted to such tenant.
       

    2. In no case shall the provisions of this paragraph be construed to restrict any lot or any shopping center tenant to less than two (2) signs.

     5-2.4. Permitted signs in B-2, M-1 and M-2 Districts. The following signs shall be permitted in the B-2, M-1 and M-2 Districts:

  1. Any sign permitted in the B-1 Limited Business District as set forth in section 5-2.3 of this article and subject to all of the regulations applicable in the B-1 District, except that:
     

    1. No freestanding sign shall exceed one hundred (100) square feet in area or thirty-five (35) feet in height, except that freestanding signs identifying shopping centers shall not exceed three hundred (300) square feet in area.
       

    2. The aggregate area of all signs located on a lot shall not exceed two (2) square feet for each lineal foot of lot frontage on a public street, and in the case of a shopping center, the maximum area of signs attached to any portion of a building devoted to a particular tenant shall not exceed two (2) square feet for each lineal foot of building frontage devoted to such tenant.
       

  2. Signs attached to and projecting from a wall of a main building, provided that such signs shall not project beyond any property line and shall be provided with an underclearance of not less than ten (10) feet.
     

  3. Billboard signs as defined in Article 11 of this Ordinance, provided that the following requirements shall be met:
     

    1. No billboard sign shall exceed three hundred (300) square feet in area with the following exception. If the roadway is a divided four-lane highway, then a billboard may be up to (378) three hundred seventy-eight square feet in area.
       

    2. There shall be no more than one (1) billboard sign attached to or painted on a sign structure, except that two (2) billboard signs may be attached back-to-back on a single structure, in which case such arrangement shall be considered a double-faced sign for purposes of calculating permitted sign area as defined in Article 11 of this Ordinance.
       

    3. No billboard sign shall exceed a total height of thirty-five (35) feet.
       

    4. No two (2) billboard signs shall be located less than five hundred (500) feet apart along the same side of a street or highway, as measured parallel to the edge of the roadway.
       

    5. No billboard sign shall be located within twenty-five (25) feet of any street line or within one hundred (100) feet of any intersection of street lines or the boundary of any A-RR, R-1 or R-2 District.

     5-2.5. Certain signs permitted in all districts.

  1. Directional signs as defined in Article 11 of this Ordinance shall be permitted in any district. Such signs shall be exempt from regulations pertaining to freestanding signs and shall not be included in calculations determining the aggregate area or maximum number of permitted signs, provided that no freestanding directional sign shall be located within five (5) feet of any street line.
     

  2. Temporary signs as defined in Article 11 of this Ordinance and installed for the purpose of merchandising or announcing a sale or promotion and not exceeding eight (8) square feet in area shall be permitted in any district and shall not be included in calculations determining the aggregate area or maximum number of permitted signs. Temporary signs which exceed eight (8) square feet in area or do not otherwise conform to the definition thereof shall be subject to all sign regulations and restrictions applicable in the district in which they are located.

     5-2.6. Portable signs. Portable signs as defined in Article 11 of this Ordinance shall be permitted only in the Business and Industrial Districts. Such signs shall be subject to all of the regulations applicable to permanently installed freestanding signs in the district in which they are located, provided that no portable sign shall be illuminated except in conformance with applicable electrical codes.

     5-2.7. Animated signs prohibited. Animated signs as defined in Article 11 of this Ordinance shall not be permitted in any district.

     5-2.8. Illumination. Illumination of signs shall conform to the restrictions set forth in section 5-11 of this article, and no bulb, lamp or other source of illumination shall be directly exposed to any street, alley, driveway or adjacent property, nor shall the exterior of any building, structure or portion thereof be illuminated by outlining such with lights, except for temporary seasonal decoration purposes.

     5-2.9. Signs identifying nonconforming uses. One (1) sign identifying a nonconforming use located in an A-RR, R-1 or R-2 District shall be permitted, provided that such sign shall be attached flat against the building occupied by such use and shall not exceed eight (8) square feet in area. Signs identifying nonconforming uses located in districts other than A-RR, R-1 and R-2 Districts shall conform to the sign regulations applicable in the district in which the use is located.

     5-2.10. Nonconforming signs.

  1. Except as otherwise provided in this section, a nonconforming sign as defined in Article 11 of this Ordinance may remain and may be maintained and repaired, provided that such sign shall not be moved, replaced, structurally altered, or modified as to size, shape or height except in conformity with the provisions of this article. The face of a nonconforming sign or the copy thereon may be changed when all other provisions of this section are met.
     

  2. Any sign which identifies or pertains to a use which has vacated the premises on which such sign is located or any freestanding sign structure which no longer contains any message shall be removed from the premises within ninety (90) days from the date on which the use to which it pertains last occupied the premises.

     5-2.11. Permits required. No permanent sign shall hereafter be erected or installed unless a sign permit for such has been approved by the zoning administrator after confirmation that such sign conforms with all applicable provisions of this Ordinance. In the case of signs for which permits are required by the Virginia Uniform Statewide Building Code, approval by the building official shall also be required. 

Sec. 5-3. Off-street parking requirements.

     5-3.1. Number of spaces required. The minimum number of off-street parking spaces required for particular uses located in any district shall be as set forth in the following schedule. The minimum number of off-street parking spaces required for a use not specifically listed in the schedule shall be as required for the most similar use listed as determined by the zoning administrator. 

PRIVATE

Use

Number of Spaces

  (1)

Single-family detached or two-family dwelling; manufactured home on an individual lot; dwelling unit located in a commercial building

1 per dwelling unit

  (2)

Single-family attached dwelling

Average of 2 per dwelling unit on the development site

  (3)

Multifamily dwelling

2 per dwelling unit

  (4)

Multifamily dwelling or lodginghouse where units are intended to be occupied by persons 65 years or more of age

1 per 2 units

  (5)

Lodginghouse; tourist home; hotel; motel; bed and breakfast; lodging unit in a single-family dwelling

1 per lodging unit

  (6)

Group home

1 per 2 bedrooms

  (7)

Nursing home

1 per 4 beds

  (8)

Hospital

1 per 3 beds, plus 2 per 3 employees and staff

  (9)

Child care center

1 per 10 children, plus 2 per 3 staff

  (10)

Church

1 per 8 seats in main auditorium or sanctuary

  (11)

School, public or private

The greater of 1 per classroom or 1 per 5 seats in auditorium

  (12)

Vocational, business or professional school

1 per 2 persons enrolled

  (13)

Library; museum; art gallery

10, plus 1 per 400 sq. ft. of floor area

  (14)

Theater; auditorium; assembly hall or similar use with fixed seating

1 per 4 seats

  (15)

Lodge hall; dance hall; club; or similar meeting place without fixed seating

1 per 100 sq. ft. of floor area in club or meeting rooms

  (16)

Bowling alley

4 per lane

  (17)

Miniature golf course

3 per hole

  (18)

Office; travel agency

5 per first 1000 sq. ft. of floor area, plus 1 per each additional 350 sq. ft. of floor area

  (19)

Medical or dental office or clinic; veterinary clinic

4 per doctor, plus 2 per 3 employees

  (20)

Bank; savings and loan office

1 per 200 sq. ft. of floor area, plus waiting space for 5 vehicles per drive-up teller station

  (21)

Funeral home

1 per 4 seating capacity in chapel or funeral service rooms, plus 2 per 3 employees

  (22)

Restaurant, including fast food

1 per 100 sq. ft. of floor area, plus waiting space for 5 vehicles per drive-up window

  (23)

Grocery, food or beverage store; amusement center; billiard parlor; video game arcade

1 per 150 sq. ft. of floor area

  (24)

Retail store or shop not otherwise specified; laundromat; dance studio; health spa or fitness center; home video rental store

1 per 200 sq. ft. of floor area

  (25)

Retail clothing, jewelry, home accessories, electronics, office supply, hardware, yard or garden supply, or auto accessory store; photography studio; laundering or dry cleaning business; shoe repair, tailor, or dressmaking shop; watch or jewelry repair; electronics or household items repair; similar service business not otherwise listed

1 per 400 sq. ft. of floor area

  (26)

Retail furniture, appliance or building materials and supplies store; auto sales showroom

1 per 600 sq. ft. of floor area

  (27)

Wholesale or distribution business; contractor's shop and display rooms

1 per 800 sq. ft. of floor area, plus 1 per vehicle used in connection therewith

  (28)

Barber shop or beauty salon

3 per hair cutting station

  (29)

Auto service center; service station; auto or truck repair

5, plus 2 per service bay

  (30)

Self-service or automatic auto wash

3 per wash bay, plus off-street waiting space as required by plan of development

  (31)

Shopping center

4.0 per 1000 sq. ft. of floor area

  (32)

Manufacturing, processing, fabricating; research or laboratory facility; bottling plant; warehouse or storage facility; truck terminal

2 per 3 employees, plus 1 per vehicle used in connection therewith

     5-3.2. Method of determining number of spaces. For purposes of determining the number of off-street parking spaces required for a particular use, the following rules shall apply:

  1. Floor area shall include the gross area of the floor space devoted to the use, including space used for incidental purposes related thereto, and shall be measured along exterior faces of enclosing walls or partitions or, in the case of attached buildings or abutting spaces within the same building devoted to different uses, shall be measured along the center lines of common walls or partitions.
     

  2. Number of employees shall be construed as the maximum number of persons employed on any working shift.
     

  3. When computation of required number of spaces based on floor area, units, employees, or seating capacity results in a fractional number, the required number of spaces shall be the nearest whole number.
     

  4. When a building or premises is devoted to more than one (1) use, the total number of spaces required shall be the sum of the spaces required for each use.
     

  5. Required off-street parking spaces may be provided within garages, carports or enclosed building space when the provisions of this article pertaining to dimensions and accessibility of parking spaces are met.

     5-3.3. Nonconforming number of spaces. Whenever any change is made in a building or use for which the existing number of off-street parking spaces is nonconforming, the following rules shall apply:

  1. Whenever any change is made in a building or use so that the number of spaces required after the change by application of the provisions of section 5-3.1 of this article is not more than fifty (50) percent greater than the number of spaces required before the change, then not less than the number of spaces required for that increase shall be provided in addition to the number of spaces provided prior to the change in the building or use. The purpose of this provision is to preserve any nonconforming right that may exist prior to any minor change in a building or use, but to require such additional parking as may be necessitated by the change.
     

  2. Whenever any change is made in a building or use so that the number of spaces required after the change by application of the provisions of section 5-3.1 of this article increases by more than fifty (50) percent of the number of spaces required before the change, then not less than the total number of spaces necessary to comply with the requirements of that section shall be provided. The intent of this provision is to eliminate any right to a nonconforming number of parking spaces and to bring the property into full compliance with the parking requirements when a substantial change in a building or use is made.

     5-3.4. Location of required parking spaces. Required off-street parking spaces shall be located on the same lot or development site as the use for which they are required, provided that parking spaces required for uses other than dwelling uses, lodginghouses, tourist homes, group homes, child care centers and motels may be located off the premises when all of the following conditions are met:

  1. The parking area within which such parking spaces are provided shall comply with the use regulations and all other requirements of the district in which it is located.
     

  2. Such parking spaces shall be located within three hundred (300) feet, by normal pedestrian route, of a principal entrance to the building devoted to the use they are intended to serve.
     

  3. Not more than fifty (50) percent of the parking spaces required for churches, schools, theaters, auditoriums, stadiums, lodge halls, dance halls, clubs and restaurants may be provided by and shared with parking spaces provided for offices, banks, retail and service uses, and other commercial or industrial uses which are not open, used or operated during any of the same hours of the day or night.
     

  4. Where the property on which such parking spaces are located is not under the same ownership and control as the property on which the use to be served is located, a lease agreement providing for such parking spaces shall be submitted with the application for the certificate of occupancy for the use to be served. The tenure of such lease shall be for not less than one (1) year, and the form of such lease shall be approved by the county attorney prior to issuance of the certificate of occupancy. At any time the use of the property for parking purposes is to be discontinued, the zoning administrator shall be given at least thirty (30) days' notice thereof in writing, and unless the parking spaces are no longer required by the provisions of this Ordinance, such spaces shall be provided elsewhere in compliance with the Ordinance.

     5-3.5. Parking space dimensions. Required off-street parking spaces shall be not less than nine (9) feet in width and eighteen (18) feet in length, except that spaces arranged parallel to their means of access shall be not less than eight (8) feet in width and twenty-two (22) feet in length.

     The width and length of parking spaces shall be measured perpendicular to one another so as to form a rectangle with dimensions as required herein. Parking spaces required to be accessible to handicapped persons by the provisions of the Virginia Uniform Statewide Building Code shall comply with the requirements of that code.

     5-3.6. Access to parking spaces.

  1. Each required off-street parking space shall be provided with a driveway or common access aisle directly serving such space and of sufficient dimensions to enable vehicles to maneuver into and out of such space without encroaching into another parking space or extending beyond the designated driveway or access aisle area.
     

  2. No area devoted to parking or access thereto shall be designed, operated or maintained so as to cause any public street, alley or sidewalk area to be obstructed by vehicles entering, leaving or maneuvering within such parking area. Whenever necessary to avoid such obstruction, maneuvering space shall be provided within the parking area.

     5-3.7. Improvement of parking areas.

  1. Parking areas containing five (5) or more parking spaces and all entrances thereto and exits therefrom shall be provided with an all-weather surface material approved by the zoning administrator. Sufficient improvements shall be made to ensure that the parking area is usable and that proper access and drainage are provided.
     

  2. Wheel stops, curbs, walls, fences, shrubbery or other means shall be provided along the edges of parking areas where necessary to prevent parked vehicles from encroaching onto adjacent properties or into public streets and alleys, required yards or public walkways within or adjacent to the site.

     5-3.8. Parking in yards adjacent to streets.

  1. In A-RR, R-1 and R-2 Districts, no parking area other than that which serves a single-family dwelling or a manufactured home on an individual lot shall be located within any required front yard or required street side yard.
     

  2. In districts other than A-RR, R-1 and R-2 Districts, no parking area shall be located within ten (10) feet of any street right-of-way line.
     

  3. Yard areas located between parking areas and adjacent streets shall be improved in accordance with the provisions of section 5-3.9 of this article.
     

  4. The provisions of this section shall not be construed to prohibit driveways from the street when such driveways are approved by the appropriate authority.

     5-3.9. Screening and landscaping requirements.

  1. Parking areas containing five (5) or more parking spaces and located in any district shall be screened from abutting properties located in an A-RR, R-1 or R-2 District. Screening shall consist of opaque fences, walls or evergreen vegetative materials of not less than four (4) feet in height erected and maintained along the property line or the edge of the parking area.
     

  2. Yard areas located between parking areas and adjacent streets, and yard areas located between required screening and adjacent property lines or streets shall be of a suitable grade and shall be improved and landscaped with grass, other plant materials or ground cover in a manner that will prevent erosion, the spread of dust and the collection of surface water or drainage thereof onto adjacent property.

Sec. 5-4. Supplementary yard requirements.

     5-4.1. Yard exceptions. Front, side and rear yard requirements shall not apply to fences or walls not exceeding six and one-half (6 1/2) feet in height, or to permitted signs and customary yard ornaments and accessories, except as provided in section 5-5, visibility at intersections. Fences and walls exceeding six and one-half (6 1/2) feet in height shall be construed as structures, and shall be subject to all yard requirements.

     5-4.2. Permitted projections into required yards.

  1. Sills, belt courses, eaves, normal roof overhangs, chimneys, pilasters and similar architectural features of a building may project into required yards.
     

  2. Uncovered porches, steps, landings, patios, decks and similar building features may project into required yards, provided such features do not exceed a height of up to thirty (30) inches above the adjacent natural ground level. Covered building projections, and projections thirty (30) inches or greater in height shall be subject to all yard requirements.

     5-4.3. Yards on corner lots and through lots.

  1. On a corner lot in any district in which a front yard is required, a front yard shall be provided along at least one (1) street frontage, and a street side yard of not less than ten (10) feet shall be provided along all other street frontages, provided that:
     

    1. There shall be a front yard along any street frontage opposite the principal entrance to a dwelling unit;
       

    2. There shall be a front yard along the frontage on any street along which a front yard is required for an adjacent lot. The depth of such front yard shall be not less than the minimum required front yard on the adjacent lot or the actual front yard provided on the adjacent lot, whichever is less. For the purposes of this provision, an adjacent lot shall be deemed to be a lot which abuts or lies directly across an alley from the lot in question and which has frontage along the same street as the lot in question.
       

  2. On through lots, there shall be a front yard as required in the district along each street frontage.
     

  3. Where more than one (1) front yard is required on a lot, yards other than those along street frontages shall be considered side yards, and no rear yard shall be required.

     5-4.4. Yards adjacent to streets less than forty (40) feet in width. The required front yards and street side yards set forth in the district regulations and elsewhere in this Ordinance are applicable adjacent to public streets having a right-of-way width of forty (40) feet or greater. The required depth of any front yard or street side yard along any public street having a right-of-way of less than forty (40) feet in width shall be increased by twenty (20) feet as measured from the centerline of the street right-of-way.

     5-4.5. Yards for swimming pools and tennis courts. Swimming pools, pool deck areas and tennis courts shall not be located within required front and side yards. A swimming pool, pool deck area or tennis court situated within fifty (50) feet of any adjacent property in an A-RR, R-1 or R-2 District shall be screened from view from such property by solid fencing or evergreen vegetative material not less than six (6) feet in height. 

Sec. 5-5. Visibility at intersections.

     On a corner lot in any A-RR, R-1 or R-2 District, nothing that would materially obstruct the vision of operators of motor vehicles shall be erected, placed, planted or allowed to grow between the heights of three (3) and eight (8) feet above the grade of the intersection of the centerlines of the adjacent intersecting streets within the following described area: A triangular shaped area on the ground bounded on two (2) sides by the street lines abutting the lot, and bounded on the third side by a line joining points on said street lines twenty-five (25) feet from the point of their intersection. The purpose of this provision is to prohibit the planting of shrubbery or low trees or the construction of solid fences, walls or other structures that would block the visibility of oncoming vehicles to motorists at a street intersection. 

Sec. 5-6. Supplementary height regulations.

  1. The height regulations set forth in this Ordinance shall not apply to church spires, belfries, cupolas, antennae attached to buildings, water towers, ventilators, chimneys, flues or similar appurtenances or mechanical structures attached to a building and not intended for human occupancy.
     

  2. The height of permitted public buildings, churches, broadcast and communications towers, and accessory structures necessary to permitted mining or well drilling operations may exceed the maximum height limit applicable to the district in which they are located, provided that all required yards are increased a minimum of one (1) foot for each one (1) foot of building or structure height in excess of the height limit applicable in the district in which such building or structure is located, and provided further that all other applicable codes and regulations are met. 

Sec. 5-7. Yard and height regulations for accessory buildings.

     5-7.1. Yards. Except as provided below, no accessory building shall be located within any required yard.

  1. An accessory building not exceeding twelve (12) feet in height may be located within a required rear yard, but not within five (5) feet of any lot line.
     

  2. An accessory building not exceeding twelve (12) feet in height may be located within a required side yard, other than a required street side yard, but not within five (5) feet of any lot line. An accessory building attached to an accessory building on the adjoining lot shall not be subject to the side yard requirement.

     5-7.2. Height. No accessory building shall exceed the height of the main building located on the lot, nor shall any accessory building exceed the minimum permitted height in the district in which it is located. 

Sec. 5-8. Average lot sizes in residential subdivisions.

     In any residential subdivision hereafter recorded, including a subdivision intended for manufactured homes, the area or the width or the area and the width of individual lots may be reduced by not more than twenty (20) percent of the minimum lot area or lot width required in the district in which such subdivision is located, provided that the average lot area and lot width of all lots within the subdivision shall be not less than the minimum required in the district, and provided further that no lot which is not served by public sewer and water systems shall be reduced to an area less than that which is approved by the health official. For the purposes of this provision, a subdivision shall be deemed to include only those lots within a subdivision or section thereof which are approved under the county subdivision ordinance and are recorded simultaneously by a single plat. 

Sec. 5-9. Manufactured homes on lots with other dwellings. 

     A manufactured home may be located on a lot together with a single-family dwelling when a certificate of occupancy for such manufactured home is approved by the zoning administrator and issued by the building official, and when all of the following conditions are met:

  1. The manufactured home shall be provided with a permanent foundation meeting the requirements of the Virginia Uniform Statewide Building Code. Where an approved permanent foundation does not consist of a foundation wall around the full perimeter of the manufactured home, skirting shall be provided in accordance with the requirements of section 5-10.5 (7) of this Ordinance.
     

  2. The area of the lot shall be not less than twice the minimum area required in the district for a single-family dwelling. A lot which is not served by public sewer and water systems shall contain such greater lot area as may be required by the health official.
     

  3. The single-family dwelling and the manufactured home shall be provided with separate utility connections.
     

  4. All applicable yard and off-street parking requirements shall be met, and the single-family dwelling and the manufactured home shall be located on the lot relative to one another and in such a manner that the lot area, lot width and all yard requirements applicable in the district would be met if the lot were to be split so as to create a separate lot for each.
     

  5. The manufactured home shall be occupied only by members of the immediate family or by the natural or legally defined offspring or spouse of a member of the immediate family of an occupant of the single-family dwelling on the lot. Notice of this requirement shall be included in any contract to sell, rent or lease the property, and new certificates of occupancy shall be required for both the manufactured home and the single-family dwelling upon any change in ownership of the property. For the purposes of this provision, a member of the immediate family is defined as any person who is a natural or legally defined offspring, spouse or parent of an occupant of the single-family dwelling. 

Sec. 5-10. Manufactured home park regulations.

     5-10.1. Area and density of manufactured home parks.

  1. Manufactured home parks shall contain not less than two (2) acres in area.
     

  2. The maximum density within a manufactured home park shall not exceed six (6) units per gross acre within the manufactured home park, provided that all other applicable requirements of this article shall be met.

     5-10.2. Recreation area requirements. Every manufactured home park shall include within its boundaries areas for outdoor recreation purposes for common use by residents of the park. Such areas shall in the aggregate consist of not less than ten (10) percent of the gross area of the manufactured home park, shall not include any area devoted to individual manufactured home spaces, and shall be suitably improved and maintained for active or passive recreation use.

     5-10.3. Yard, separation and buffer requirements.

  1. No manufactured home or other building or structure within a manufactured home park shall be located within ten (10) feet of any boundary of a manufactured home space.
     

  2. No manufactured home shall be located within thirty (30) feet of any other manufactured home.
     

  3. No manufactured home, accessory structure or other building or structure within a manufactured home park shall be located within twenty-five (25) feet of any public street right-of-way or private roadway.
     

  4. A landscaped buffer area of not less than twenty-five (25) feet in width shall be provided adjacent to all exterior boundaries of a manufactured home park. Such buffer area shall not be occupied by any manufactured home space, building, structure, roadway, parking area or improved area for active recreation purposes.

     5-10.4. Off-street parking requirements.

  1. Every manufactured home space shall be provided with not less than two (2) off-street parking spaces located within the boundaries of the manufactured home space or within a common parking area or on a private roadway of suitable dimensions situated immediately adjacent to the manufactured home space.
     

  2. Required off-street parking spaces shall be of such dimensions and shall be provided with such means of access as set forth in section 5-3 of this article and shall be paved with dust-free, all-weather hard surface material such as asphalt, asphalt and gravel seal coat, concrete, unit pavers or similar material approved by the zoning administrator.

     5-10.5. Park improvement requirements.

  1. Sewer and water systems. Every manufactured home park shall be served by public sewer and water systems which shall be connected to each manufactured home unit and each building or structure containing plumbing facilities. Where public sewer and water systems cannot reasonably be made available to a manufactured home park, private systems serving the park as a whole and approved by the health official may be utilized, provided that the discharge of sewerage into septic tank systems shall be permitted.
     

  2. Streets and walkways. All streets and roadways within a manufactured home park shall be paved with dust-free, all-weather hard surface material such as asphalt, asphalt and gravel seal coat, concrete, unit pavers or similar material approved by the zoning administrator. Paved sidewalks shall be provided between each manufactured home unit and the street and elsewhere in the manufactured home park where necessary to enable safe and convenient pedestrian movement to and from common facilities.
     

  3. Storm drainage. Storm drainage facilities shall be provided within each manufactured home park in accordance with a storm drainage plan submitted with the special use application and approved in conjunction therewith.
     

  4. Lighting. Lighting shall be installed along streets within each manufactured home park and adjacent to common facilities utilized by residents of the park. A lighting plan shall be submitted with the special use application and approved in conjunction therewith.
     

  5. Underground utilities. All utilities within a manufactured home park shall be installed underground, provided that this requirement may be waived when recommended by the planning commission and where it finds that soil or topographic conditions make such requirement impracticable.
     

  6. Refuse facilities. Refuse containers of adequate capacity to meet the needs of all manufactured home units and common facilities shall be provided for the deposit and collection of refuse within each manufactured home park. Containers serving individual manufactured home units and containers serving common facilities within the manufactured home park shall be so located or screened as to not be visible from public or private streets or adjacent properties.
     

  7. Skirting. Skirting shall be provided around the base of each manufactured home so as to conceal from view the frame, axles, wheels, crawl space and all utility connections. Skirting shall be constructed of weather resistant material and shall meet the requirements of the Virginia Uniform Statewide Building Code.
     

  8. Delineation of spaces. Each manufactured home space shall be clearly defined with permanent markers at each corner and shall be identified with the space number as shown on the approved plans.
     

  9. Installation of manufactured homes. All manufactured homes shall be installed in accordance with applicable requirements of the Virginia Uniform Statewide Building Code. No manufactured home shall be installed within a manufactured home park until all required improvements have been completed and a certificate of occupancy for the manufactured home park or for that portion of the manufactured home park to be occupied has been approved by the zoning administrator and issued by the building official. A certificate of occupancy shall be required for each manufactured home upon completion of required site work and installation and prior to occupancy.

Sec. 5-11. Outdoor lighting in general.

     Outdoor lighting, when provided as accessory to any use or to illuminate any sign or similar device, shall be located, directed or shielded so as not to shine directly on nearby properties or to create a traffic hazard as a result of glare or similarity to or confusion with traffic signals, warning lights or lighting on emergency vehicles.


AMENDMENT TO ORDINANCE NUMBER 2-1991

AMENDMENT TO ZONING ORDINANCE

Sec. 5-12            Telecommunication Towers and Antennas

     5-12.1  Purpose.  The purpose of this section is to establish general guidelines for the siting of towers and antennas.  The goals of this section are to: (i) encourage the location of towers in non-residential areas and minimize the total number of towers and tower sites throughout the County, (ii) encourage strongly the joint use of new and existing tower sites, (iii) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the county's natural beauty is minimal, (iv) encourage users of towers and antennas to configure them in such as way that minimizes the adverse visual impact of the towers and antennas and, (v) to provide adequate sites for the provision of telecommunication services with minimal negative impact on the resources of the County. 

     5-12.2  Applicability.  These standards shall apply to all new and replacement towers within Wise County with the exception that new and replacement towers and associated antenna not exceeding fifty (50) feet in height and located within any business or industrial zoning district shall be permitted by right provided:

  1. The proposed tower is a monopole type design;
     

  2. The general area of the proposed tower is currently served by above ground utilities including electric power and telephone poles; and
     

  3. All other use and design standards for the construction of the tower and associated facilities are met. 

     5-12.2.1  Amateur Radio and Receive Only Antennas.   This section shall not govern any tower, or the installation of any antenna, that is (1) under 50 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is (2) used exclusively for receive only antennas for amateur radio station operation.

     5-12.2.2 Existing Towers and Structures.  The placement of an antenna on or in an existing structure such as a building, sign, light pole, water tank, or other free-standing structure or existing tower or pole shall be permitted so long as the addition of said antenna shall not add more than twenty (20) feet in height to said structure or tower and shall not require additional lighting pursuant to FAA or other applicable requirements.  Such permitted use also may include the placement of additional buildings or other supporting equipment used in connection with said antenna so long as such building or equipment is placed within the existing structure or property and is necessary for such use.

     5-12.2.3 Speculative Towers.  Speculative construction of towers will not be permitted.  Firms desiring to construct such towers will have a firm user commitment.

     5-12-3  General Guidelines and Requirements.

     5-12.3.1 Principal and Accessory Use.  For purposes of determining compliance with area requirements, antennas and towers may be considered either principal or accessory uses.  An existing use or and existing structure on the same lot shall not preclude the installation of antennas or towers on such lot.  For purposes of determining whether the installation of a tower or antenna complies with district regulations, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased area within such lots.  Towers that are constructed, and antennas that are installed, in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure.

     5-12.3.2  Inventory of Existing Sites.  Each applicant for an antenna and or tower shall provide the Zoning Administrator an inventory of existing facilities that are either within the county or within five miles of the border thereof, including specific information about the location, height, and existing use and available capacity of each tower. The Zoning Administrator may share such information with other applicants applying for approvals or special use permits under this ordinance or other organizations seeking to locate antennas within the County, provided, however that the Zoning Administrator shall not, by sharing such information, in any way represent or warrant that such sites are available or suitable.

     5-12.3.3  Design. The requirements set forth in this section shall govern the location of all towers and the installation of all antennas governed by this ordinance; provided, however, that the Board of Supervisors may waive any of these requirements if it determines that the goals of this ordinance are better served thereby.  

  1. Towers shall maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.  Dish antennas will be of a neutral, non-reflective color with no logos.
     

  2. At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures.
     

  3. No towers will be permitted within the critical viewsheds of the Guest River Gorge as shown on the official map designating these viewsheds.  In addition, no tower shall be proposed within any other designated area of local scenic, historical, ecological and cultural importance. Towers proposed in elevations lower than surrounding ridgelines are preferred.
     

  4. All towers must comply with any additional requirements as contained in the Lonesome Pine Airport Overlay District.  Any tower proposed within such district or within 2 miles of said airport shall be referred to the appropriate regional FAA office for review and comment prior to filing an application for a special use permit.
     

  5. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
     

  6. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority.  If lighting is required, Planning Commission and or Board of Supervisors may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
     

  7. No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure.
     

  8. To permit co-location, the tower shall be designed and constructed to permit extensions to a maximum height of 199 feet.
     

  9. Towers shall be designed to collapse within the lot lines or lease area, which ever is larger, in case of structural failure.

     5-12.4    Federal Requirements.  All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate these items.

     5-12.5  Building Codes.  To insure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state, and local building codes and regulations.

     5-12.6 Insurance Requirements.  The Contractor shall obtain an indemnification bond or Letter of Credit in an amount sufficient to secure and protect the interest of the County in the construction, maintenance, and demolition of the structure.  The amount of the bond will be set by the County, depending on the circumstances and situation at the time of application and proof of such bonding shall be a part of the application phase.  Other insurance requirements may be levied on the applicant depending on the situation and circumstances at the time the application is submitted.

     5-12.7  Information Required.  Each applicant requesting a special use permit under this section shall submit a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses.  The Planning Commission may require other information to be necessary to assess compliance with this section.  Additionally, applicant shall provide actual photographs of the site that include a simulated photographic image of the proposed tower.  The photograph with the simulated image shall include the foreground, the midground, and the background of the site.

     5-12.7.1 Certification.  Certification by the manufacturer or an engineering report by a Virginia registered structural engineer shall be filed by the applicant indicating the tower height and design, structure, installation and total anticipated capacity of the structure, including number and type of antennas which could be accommodated and demonstrating to the satisfaction of the building official that all structural requirements and other safety considerations set forth in the BOCA Basic Building Code and Section 222(D) of the standards adopted by the Electronics Industries Association, or any amendments thereof, can be met.

     5-12.7.2 NIER Certification.  A licensed professional engineer shall certify that the non ionizing electromagnetic radiation emitted from the facility will not result in a level of exposure at any point beyond the property line of the facility which exceeds the lowest applicable exposure standards established by any regulatory agency of the federal government or by the American National Standards Institute.  Exceptions to this requirement may be granted by the Planning Commission for low power transmission facilities such as two-way radio, telephone (cellular and VHF), microwave, government equipment and similar type transmitters.

     5-12.7.3 Co-Location Policy. The applicant shall provide copies of its co-location policy.

     5-12.7.4 Elevation Information.  The applicant shall provide copies of propagation maps demonstrating that antennas and sites for possible co-locator antennas are no higher in elevation than necessary.

     5-12.8    Factors Considered in Granting Special Use Permits for New Towers.  The Planning Commission and Board of Supervisors shall consider the following factors in determining whether to issue a Special Use Permit.  These bodies may also waive or reduce the burden on the applicant of one or more of these criteria if it is concluded that the goals of this section are better served thereby.

  1. Height of the proposed tower, which may not exceed 199 feet;
     

  2. Proximity of the tower to residential structures and residential district boundaries;
     

  3. Nature and uses of adjacent and nearby properties;
     

  4. Surrounding topography;
     

  5. Surrounding tree coverage and foliage;
     

  6. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
     

  7. Proposed ingress and egress;
     

  8. Co-location policy;
     

  9. Consistency with the Comprehensive Plan and the purpose to be served by  zoning;
     

  10. Proximity to the Lonesome Pine Airport, the Guest River Gorge and any other scenic, historical or environmentally sensitive area including mountain ridge tops.

     5-12.9  Availability of Suitable Existing Towers or Other Structures.  No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission and the Board of Supervisors that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

  1. No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.
     

  2. Existing towers and structures are not of sufficient height to meet applicant's engineering requirements.
     

  3. Existing towers or structures do not have sufficient structural strength to support the proposed antenna and related equipment.
     

  4. The proposed antenna would cause electromagnetic interference with the antenna on the existing structure or the antenna already in place would cause interference with the proposed antenna.
     

  5. The fees, costs, or contractual provisions required by the owners in order to share an existing structure or to adapt an existing structure or tower for sharing are unreasonable.  Costs exceeding the cost of new tower development are presumed to be unreasonable.
     

  6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

     5-12.10  Setbacks.  The following setback requirements shall apply; provided however that the Planning Commission or Board of Supervisors may reduce the standard setback requirements if the goals of this section would be better served thereby.

  1. The tower must be setback from any off-site residential structure no less than 400 feet.
     

  2. Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures.

     5-12.11  Security Fencing.  Towers shall be enclosed in security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device.

     5-12.12  Landscaping.  Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the supporting buildings from adjacent property.  The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the facility perimeter. Existing mature trees and natural landforms on the site shall be preserved to the maximum extent possible.  The Planning Commission or Board of Supervisors may waive these provisions if it is felt that the visual impact of the site would be minimal.

     5-12.13 Local Government Access. Owners of the towers shall provide the County co-location opportunities as a community benefit to improve radio communication for County departments and emergency services.

     5-12.14  Removal of Abandoned towers and Antennas.  Any tower or antenna that is not operated for a continuos period of twenty four months shall be considered abandoned, and the owner of each such antenna or tower shall remove same within ninety (90) days of receipt of notice from the Zoning Administrator notifying the owner of such removal requirement.  Removal includes the removal of the tower, all tower and fence footers, underground cables, and supporting buildings.  If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

     5-12.15 Review Fees.  Any out of pocket costs incurred for review by a licensed engineer of any of the above required information shall be paid by the applicant.

     5-12.16  Procedure.   The procedure as outlined in Article 8 of this ordinance shall apply to any application for towers and antennas.

     5-12.17 Definitions.  The following definitions apply to this section.

  1. Antenna - Any apparatus designed for telephonic, data, radio or television communications through the sending and/or receiving of electromagnetic waves.
     

  2. FAA - The Federal Aviation Administration.
     

  3. FCC - The Federal Communications Commission.
     

  4. Height - The distance measured from ground level to the highest point on the tower or other structure, even if the highest point is an antenna or lighting rod.
     

  5. Tower - Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and the like.


AMENDMENT TO ORDINANCE NUMBER 2-1991

AMENDMENT TO ZONING ORDINANCE

Sec. 5-13. Conditional Zoning.

5-13.1 Purpose. 

Where competing and incompatible uses conflict, traditional zoning methods and procedures are sometimes inadequate.  In such cases, more flexible and adaptable zoning methods are needed to permit differing land uses and at the same time to recognize effects of change.  It is the purpose of this section to provide a zoning method as authorized under Sec. 15.2-2303, Code of Virginia 1950, as amended, whereby a zoning classification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community even though said conditions may not be generally applicable to land similarly zoned.  While the conditions may vary from property to property by reason of the nature of the use and different circumstances at a particular location, it is not the intention of this section to authorized conditions limited to a particular individual or group, owner or operator, and the provisions of this section shall not be used for the purpose of discrimination in housing.  Nor is it the purpose of this amendment to allow changes so drastic so as to completely change the nature and character of the zone.  To that end, zoning changes will be restricted only to the next highest classification i.e. B-1 to B-2, M-1 to M-2 etc. but not B-1 to M-1 or M-2, etc.

5-13.2 Proffer in Writing.

As a part of a petition for rezoning or amendment of the zoning district map the owner or owners of the property involved may, prior to a public hearing before the Planning Commission, voluntarily proffer in writing such reasonable conditions, in addition to the regulations provided for the zoning district or districts as herein set forth, as he deems appropriate for the particular case; provided that:

  1. The rezoning itself must give rise for the need for the conditions;
     
  2. Such conditions shall have a reasonable relation to the zoning;
     
  3. Such conditions shall not include a cash contribution to the County;
     
  4. Such conditions shall not include mandatory dedication of real or personal  property for open space, parks, schools, fire departments or other public facilities not otherwise provided for in the subdivision ordinance;  such condition shall not include payment for or construction of off site improvements except as those  provided for in the subdivision ordinance;
     
  5. No condition shall be proffered that is not related to the physical development or physical operation of the property;
     
  6. All such conditions shall be in conformity with the Comprehensive Plan;
     
  7. The conditions must be clearly understood and enforceable; and
     
  8. The conditions must not require or allow a design or standard that is less  restrictive that the general provisions of this ordinance.

For the purpose of this section, proffered conditions shall be interpreted to include written statements, development plans, profiles, elevations, and/or other demonstrative materials.  Materials of whatever nature and intended as conditions shall be annotated with the following statement signed by the owner or owners of the subject property:  "I (we) hereby proffer that the development of the subject property of this application shall be in strict accordance with the conditions set forth in this submission."

Once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in full force and effect for that particular owner until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.  In the event of a change of ownership in the said property, the new owner or prospective new owner must make application to the Planning Commission in order to retain the conditional zoning.  These same requirements will also apply to any substantial change in the management/operational structure of the business, to include any lease arrangements; however, such re-applications and reconsiderations will not be unduly denied.

5-13.3  Review and Revision of Proffered Conditions

Additional conditions or modified conditions may be proffered by the applicant during or subsequent to the public hearing before the Planning Commission, provided however that after proffered conditions are signed and made available for public review and the public hearing before the Board of Supervisors has been advertised (whether or not jointly held with the Planning Commission) no change or modification to any condition shall be approved without a second advertised public hearing thereon.

After the Board of Supervisors public hearing has been advertised or commenced, should additional or modified conditions be proffered by the applicant, which conditions were discussed at the public hearing before the Planning Commission, then a second public hearing need be held only before the Board of Supervisors before the application and the modified conditions can be approved.

Should additional conditions be proffered by the applicant at the time of the public hearing before the Board of Supervisors, which conditions were not addressed at the public hearing before the Planning Commission, or if the proffered conditions are modified beyond the scope of any conditions considered at the public hearing before the Planning Commission, the application shall be subject of a second public hearing before both the Planning Commission and the Board of Supervisors, which hearing may be either separately or jointly held.

5-13.4  Annotation of Zoning District Map

The zoning district map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning on the map.  The official shall keep in his office and make available for public inspection a Conditional Zoning index.  The Index shall provide ready access to the ordinance creating conditions in addition to the regulations provided for in a particular zoning district.  Such conditions shall become a part of the zoning regulations applicable to the property in question, regardless of changes in ownership or operation, unless subsequently changed by an amendment to the zoning district map, and such conditions shall be in addition to the specific regulations set forth in this Ordinance for the zoning district in question.

5-13.5  Enforcement of Conditions

The official shall be vested with all necessary authority on behalf of the Board of Supervisors to administer and enforce conditions attached to such rezoning or amendment to the zoning district map, including:  (a) the ordering in writing of the remedy of any noncompliance with such conditions; (b) the bringing of legal action to insure compliance with such conditions, including injunction, abatement, or other appropriate action or proceeding; and (c) requiring a guarantee, satisfactory to the Board of Supervisors, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the Board of Supervisors, or agent thereof, upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.  Provided, further, that failure to meet all conditions shall constitute cause to deny the issuance of any of the required use, occupancy, or building permits, as may be appropriate.

5-13.6  Conformity of Development Plans

Upon approval, any site plan, subdivision plat or development plan thereafter submitted for the development of the property in question shall be in substantial conformity with all proffered statements, plans, profiles, elevations, or other demonstrative materials, and no development shall be approved by any county official in the absence of said substantial conformity.  For the purpose of this Section, substantial conformity shall mean that conformity which leaves a reasonable margin for adjustment to final engineering data but conforms with the general nature of the development, the specific uses, and the general layout depicted by the plans, profiles, elevations and other demonstrative materials presented by the applicant.

5-13.7  Change of Approved Conditions

Once conditions have been approved, and there is cause for an amendment which would not be in substantial conformity with the proffered conditions, then an application shall be filed for an amendment.  If the amendment concerns an approved plan of development, such application shall include the submission requirements for a plan of development set forth in Article 7, except that the official may waive any submission requirement if such requirement is not necessary for an adequate review of the plan of development amendment application.  Such amendment shall be the subject of public hearing in accordance with the requirements for a new application.

5-13.8  Review of the Administrator's Decision

Any Zoning applicant who is aggrieved by the decision of the official regarding any proffered condition may petition the Board of Supervisors for the review of the decision of the official, such appeal must be filed within 30 days.

5-13.9  Reconsideration, One Year Limitation

Whenever a petition requesting an amendment, supplement, or change has been denied by the Board of Supervisors, such petition, or one substantially similar, shall not be reconsidered sooner than one year after the previous denial.

 

Adopted this the 13th day of June 2002.

ATTEST:                                 WISE COUNTY BOARD OF SUPERVISORS

____________________     ______________________________________

Clerk                                                                           Chairman

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