Loading...
04-12-1989 MinutesMr. Marry G. Daniel Mrs. Dori~ D~Hart, Mr. M. B. sullivan Legis. Svcs. and Deputy Co. Admin., Mr. Jeffrey S. Crlbbs, Vice Chairman ~r. Thomas E. Jacobson, Deputy Co. Mr. R. $. McCracken, Mr. william ~. Goodwyn TranmD. Director ~r. Richard Mrs. M. Ar!ADC McGu~re, Services Chief of ~olice Mr. Richard Sale, Mr. David Welchonm~ Mr. Frederick Willis, Mrs. Ksritsis expressed appreciation for the opportunity to Sckool Budget. Dr. Davis stated School. staff was present to answer any questions and/or provide any Clarifications that the Board may have regarding the School budget. Mr. Ramsey 5ta~ed that~ from a Cundinq standpoint, the County'S position is that the funding l~vel remain as it is in the proposed budget. 89-263 Discussion, questions and comments ensued relative to the proposed School budget not addressing parity of ~ducational achievement levels County-wide even if the $2.6 million deficit in funding were to be provided; what the reductions would be if the additional funding were not provided and what measures would be taken to achieve necessary services even if funds are not available; constituent concerns regarding 4-tier bussing and other inflammatory statements from the School Board and/or School Administration staff having to deal with how funding shortfalls were going to be handled; reductions in the School budget not affecting student instruction; the relationship of. the School Board and the Board of Supervisors; County Administration projected enrollment of 42,760 versus the School Administration projected enrollment of 43,060; the impact of accelerated interest rates, impact fees, etc., resulting in a slow-down effect on residential development in the County; recommended reductions 'by the Budget and Audit Committee; managing within available resources by pooling resources and eliminating duplicated services; the initiation of a committee to study cost savings regarding transportation services; the need fer the School Liaison Committee meetings to be held monthly, quarterly, or on an as-needed-basis to facilitate better con%munication between the Boards; the utilization of Watkins Annex as a cost savings mechanism for educational needs; the cost effectiveness in the use of trailers at Swift Creek Middle School versus the utilization of Watkins Annex relative to the facilities provided; etc. Mr. Daniel requested information be provided later in the work session relative to the cash flow as expenses are not automatically cut and stated the School System is not funded by the County based on the number of students, however, State funding is predicated on that data. There was further discussion relative to the Superintendent's recommendation for the establishment of a Population Committee to monitor County growth; pupil/teacher ratio trend being in accordance with the level of standards as set forth by the State; the School budget, as presented, being predicated on actual enrollment and actual numbers of teachers hired as of this date and projections were derived from tho~e factors; State reven~e~ being dependent upon compliance with certain State mandates; an approximate $500,000 State revenue loss predicated on the reduction of 300 students enrollment; the reduction of 300 pupils across the Schcel System of approximately 43,000 students possibly translating into no reduction in teachers positions; etc. On motion of Mr. Daniel, seconded by Mr. Coffin, the Board went into Executive Session to discuss acquisition or use of real property for public purposes, pursuant to Section 2.1-344 (a) (2) of the Code of Vir inia, 1950, as amended. Vote: Unanimous Due to a previous commitment, Mrs. Keritsis excused herself from the meeting. On motion of Mr. Burton, seconded by Mrs. Copeland, the School Board went into Executive Session to discuss acquisition or use of real property for public purposes, pursuant to Section 2.1-344 (a) (2) of the Code of Virginia, 1950, as amended. Ayes: Mr. Cribb~, Mr. Burton and Mrs. Copeland. Absent: Mrs. Keritsis and Mr. Good~yn. 89-264 I= is no,ed the school Board Delegation excused themselves from the meeting. 1. WOId( $~%ON ON B~DGET ISSUES (continued) OTHER ISSUES RELATED TO BUDGET Mr. Stegmaier presented data relative to the Eudq%t and Audit Committee budget r~commendetions for reductions, addbacks and revenue option~, which included that th~ Fund Balance be ~et a 6.6% which would result in a reduction of $1,~81,50U Zrom the county Administrator's budget and would be added to the for PuLu~s CIP projects, and that fees for Buildin~ Permits for schools b~ paid from school project fund~j fun~ing requests made at ~e April 5, 1989 public hearing~ ~udget items mentioned by B~ard members for con~ideratlon; tax rat~s, fee ~ncre~ses, appropriation of 1990 bond fund~; appropriation of additional S%at~ funds for schools; County and Utility Improv~me~ Programs~ donations; etc. Di~cussion, questions and co~ents ensued relative to the Budget and Audit Co~ittee's reco~nded budge% r~d~o%ion$ addbacks for various department~; %he operating Capital Improvemen%~ Proart; proposed ~alary adju~en~s; optionu; sat~i:g the Fun~ Balance at 6.6% an~ adding the r~duction from the County Adminimtrator'u budge~ to ~he for Future CIP projects~ retaining the policy for building pe~its for ~chool~ b~ing paid from school project flonatlons/contribution~ to various organization~, such as transportation for the elderly and/or handicapped, Camp Baker, Art~ Council, etc.; funding for opening libraries Connty-wide on W~dnes~ay evenings; the charting/tracking of data relative to r~venue~ collected by positions approved for the Co~is~ioner of Revenue o~ice; upgrading of automation for th~ Treasurer's office; increasing landfill tipping fees; revisions to zoning fees; a 5 cent increa~ in %he real estate tax with other property ~ax ra~e$ unchanged; appropriation additional State ~und~ for schools; utility user fees, Capital Improvements Program: additional staff for the Aninal computer equlpmen~/software for Co~unlty Development; any donations to vario~ organizations ~rom the County contributed in the County's n~; It was noted that Mr. Dani%l informed the Boar~ that his employer, Philip M0rriu, Inc., is one of ~e larger ~Iectrical Utility Tax ordinance, declared a possible conflict of interest pursuant to the Virginia Comprehensive Conflict of Interest as to n~cessary red~ctions and/or addba=k$ to th~ budget a~d was no=ed the= at thi~ point th~ budget wa~ very close to b~ing balanced. Mr. S%egmai~r distributed copi~ of ~h~ revised ~otals on Capital Improvements Program and ~ari~d chan~es that had evolved since the Board'~ pr~vlou~ work session On the UTILITY CAPITAL IMPRO~]3MENTS PROGRAM Mr. sale distributed copies of the U~ilities Capital Improve- ments ~rcgr~ and rate structure choices of Category 1, la, lb and lc and Category 2 and presented a brlsf overview of proposed reccmmend=tlens, which included the water replacement 89-265 costs being funded through the water commodity charge rather than the capacity charge; ussr fss~ effective for ~ervice rendered after May 1, 1989; new connection £ees Become effective July 1, 1989; and allocation of 50% of existing debt service paid by new customers to a reduction in the capital cost recovery fee and increase the commodity charge to offset this loss of revenue; etc. Discussion, questions and comments ensued relative to the differences between Category 1 and Category 2 projects/rates with respect to both water and wastewater; concern that elimination of Category 2 would severely impact the Matoaca District; the need for an additional treatment plant in the Mat0aca District; etc. Mr. Mayes expressed concer~ that the only mechanism to provide sewer to the Matoaca District would be to approve Category 2; that another sewage treatment plant is necessary in the Matoaca District now; the opportunity to develop the Appomattox Basin or to provide quality residential development in the Matoaca District is being denied; stated he saw nc difference between Category 2 and Category lc; and that he would not support any oDtion other than Category 2. Mr. Applegate stated that if the County were to encumber the expenses as required in Category 2, it would be necessary to raise the Capital Cost Recovery Charges (connection fees) from the existing $3,940 to $6,660 and he felt that would stifle any further growth. Mr. Sullivan voiced support for Category lc recommendations; Messrs. Daniel, Currin and Applegate voiced support for Category lb r~co~endations; and Mr. Mayes voiced support for Category 2 recommendations. It was generally agrsed the majority of support was for the Category lb recommendation. 2. DINNER AND EXECU~IV~ SESSION On motion of Mr. Currin, seconded by Mr. Daniel, the Board recessed at 5:00 p.m. to travel to the Sunset Cafe for dinner, which was originally scheduled at Bella Italia Restaurant, and went into Executive Session to discuss the acquisition or use of real property fo~ public purposes and to consult with legal counsel rsgarding condemnation of Boulders Boulsvard, pursuant to Sections 2.1-344 (a) (2) and (6), respectively, of the Code of Virginia, 1950, as amended. Vote: Unanimous 3. Mr. Applegate introduced Mr. Millard D. "Pete" Stith, Director of Parks and Recreation, who gave the invocation, 4. PId~D~E OF ALL~IANCETO'r~U~ FLAG OF T~u~ UNITED STATES OF The Pledge of Allegiance to the Plag of the United States of America was recited. 89-266 5. APpROVAL OF~i~NUTEB 5.A. MARCH 22, 1989 On motion of Mr. Currin, seconded by Mr. Sullivan, approved the minutes cf March 22, 1989, as submitted. Vote: Unanimou~ the Board 5.~. ~ARCB 29~ 1989 On motion Of Mr. Ceftin, eeccnded by Mr. Sullivan, the Board approved the minutes of March 29, 19~, az submitted. Vot~: Unanimous d.C. APRIL 5, 19fl9 On motion Of Mr. Ceftin, ~eeended by Mr. Noyes, approved the minutes of April 5, 1989, as submitted. the Board 6. COU~T~ A~NISTRATOR'SCOMMENTS Chief Bar~ield recognized Safety Officer Patrick ~. Collins whose article, "Visibillty: The Glaring Faet~", regarding the County's training bulletin on appara£u$ vi$1bility, was published in the March issue of Fire Command Magazine, ~ubmitted copies of the magazine to t~ Board members and the County Administrator, an~ introduced Mrs. Collin~ who was also present. ~r. Ra~ey ~tated Chief Robert Rants, Assistant Chief Polesal and Battalion Chief Dennis Rubin were attendin~ the Congressional Fire Services Tnstltute binn~ %n Washington, D.C., at which Presidsnt Sush and Vice President Quayle Were to be present. Du~ to the lengthy agenda, it was generally agreed to di~pens~ with Board Committee Reports at thi~ time. On motion of ~r. Daniel, seconded by ~r. ~ayes, the Board deleted Item ii.A., Claim of Southwood Buildere~ Inc. ~elating to Conctruotion of the Fal!ing Creek Sewerage Pumping Station~ added Item 9.E.? Resolution Rucoqnizing the ~75th Annivernary of Branch's Baptist Church; added Item 9.ff., Resolution Declaring April 23-29~ 1989 a~ "Organ and Tissue Donor Awareness W~ek"; ~eferred indefinitely Item 12.B., Public ~earing to ~onsider an Ordinance fo Amend Section 12-125, Cede of the County of Chemtsrfield, I998, as Amending Impo~in~ a Maximum Business License Tax on Wholegale M~roh~nt~; and moved I~ems 12.A. through 12.P., P%f0lic ~earlng~ out of sequence to bs heard prior to Item 11., Deferred %tems~ and adopted the agenda, as amende~. 89-267 9. RESOLUTIONS AND 8P]~CI~ KECOGNITIONS 9.A. D~SIGNATION OF WATER PUMPING STATION LOCATED AT 7301 WEIT~PIN~ ROAD AS "HAROLD W. ANDERSON, JR. PUMPING STATION" On motion of the Board, the following resolution was adopted: WEEREA$, Mr. Harold W. Anderson, Jr. has faithfully and diligently served the Chesterfield County Department of Utilities since 1955; and WHEREAS, His skillful supervision of the Department's Water Distribution Section has created a Utility Operations and Maintenance staff that other public utilities within the State of Virginia strive to duplicate; and WHEREAS, His knowledge, experience and dedication to the Department have been instrumental in the development of the Chesterfield County public water system from its infancy to the complex system it is today; and WHEREAS, The water pumping station at 7301 Whitepine Road, as a critical component in the water distribution system, is symbolic of Mr. Anderson's significant contributions to the Chesterfield County public water system. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors in recognition of Mr. Anderson's service to Chesterfield County and contributions to the Depart- ment of Utilities does hereby designate the water pumping station at 7301 Whitepine Road as the "Earold W. Anderson, Jr. Pumping Station." Vote: Unanimous Mr. Applegafe presented the executed resolution to Mr. Anderson, congratulated him on his prestigious recognition and recognized Mrs. Anderson, who was also present. 9.S. PROCLAIMING APRIL 23-29, 1989 AS "NATIONAL CREDIT EDUCATION WEEK" On motion of the Board, the following resolution was adopted: W~EREAS, Understanding the nature of credit, its cost and benefits, is necessary ii our citizens are to realize the full benefits of their income; and WHEP~EA$, The dissemination of information regarding credit will help inform consumers of their rights, NOW, THER~FOR~ BE IT RESOLVED, that the Chesterfield County Board of Supervisors does hereby present this resolution to CWI: Credit Professionals of Richmond, Virginia in recognition of "National Credit Education Week, April 23-29, 1989." Vote: Unanimous Mr, Ramsey stated representatives from CWI: Credit Professionals of Richmond were unable to attend the meeting; however, the executed resolution would be forwarded. 9.C. CITIZENS 0P SON AIR AND ME~LBERS OF TEE BeN AIR HISTORICAL SOCIETY FOR THE OUTSTANDING WORK IN PRESERVING BeN AIR On motion of the ~oard, the following resolution was adopted: 89-268 WBEREAS, Ben Air was established in 1877 a~ a su~er resort for the resident~ of the ~r~a; and W~REA~, Ben Air residents harm been continuously involved with preservation cf its rich and distiuguisAed history high- lighted by the formation oX the Ben Air Historical Societ~ and kE4~REA~, the Eon Air Historical Society worked diligently ~o involve the community in the d~ignatioD e~ Ben Air as a ~istoric Di~tric~ within the Virginia Landmark~ Division~ and W~EEEA~, the Ben Air Historical Society worked closely with the State Division of Nistorlc Landmarks in securing the addition to the National Register of ~istoric Places. NOW, T~=REFORE BE IT RESOLVED, that the Ch=stcrfiald County Board of Supervisors doss hereby recognize the ~itisens of Ben Air and the members of the Ben Air Historical Society ~or their outstanding work in preserving thi~ area for future generations to enjoy. Vote: Unanimeu~ Nr~m~, ~r~sident cf the Ben Air Historic Sn~iety, commended the ERIC ROBERT RUSSELL, UPON ATTA1NINC R~N~ OF ~AGL~ SCOUT On motion of the Eoard, the following resolution was adopted: WHEREAS, The Boy Scouts of America was incorporated by M~. William D. Boyce on February 8, 191~; and WHEREAB, The Boy ~couts cf Aa%eries was founded to promote citizenship training, p~rsonsl development and fitnes~ of individuals; and WHEREAS, After earning at le&~t twangy-One meri~ badges in a wide varie=y of fields, sar=lng in a leadership position in e troop, carrying out a ~ervice projec~ beneficial to his community, b~ing active in the troop~ demonstrating Scout spirit and living up to the Scout Oath and Law; and W~EREAS, Mr, ~ri¢ Robert Russell, S%. Luke~ United Methodist Church, Troop 874, has accomplished tho~e high standards o~ commitment a~d has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the $coa~ing movement~ and W~REAS, Growinq through his eaDeriences in Sce~ting, learning the leseone of ~zSpOnuibls citizenship an~ priding himself on ~he great accomplishments o~ his County~ Eric is indeed a me~be~ of a new generation of prepared yonng citizens of whom we can all be very proud. MOW, TEEREFORE BE IT RESOLVED~ that the Chesterfield County Board of Supervisors hereby extend~ its congratulations to Mr. Eric Robert Russell and acknowledges the good fortune of the County to have such an out~tandiDg young man as one of its citizens. Mr. Applega=e presented the executed resolution to Mr. Russell, commended him on his out~tandin~ achievement and recognized h~s me,her who was also present. 9.E. BRANCH'S BAPTIST CHURCH ON THEIR 175TH ANNIVERSARY On motion of the Board, the following resolution was adopted: WHEREAS, Branch's Baptist Church, originally called "The Baptist Church of Christ of Hephzibah" or sometimes "Branch's Meeting ~ouse," was organized in 1814 as a mission of the Chesterfield Church, and remained such until 1828 when it became a separate Church; and WHEP~EAS, Records from 1852 show a Church membership of 108; and WHEREAS, During the War Between the States, Branch's Baptist Church served as a resting place for the retreating Confederate soldiers under the command of General Ewall; and WEER~AS, After the Civil War, the Church turned its attention to the moral preblems of everyday life, and difficulties of survival; and in 1876, officially became Branch's Baptist Church; and W~EPdBA~, In 1884, a church cemetery was laid OUt and lots sold for $5.00 each, and baptisms were held at Murchies Mill on Pocoshock Creek near Belmont Road and later at Falling Creek at Hopkins Road; and WHEREAS, With a congregation of only 47 adults, they did build a new church in 1814 at a cost of $4,000, and added an annex in the 1930s, in which the first Vacation Bible School was held; and WHEREAS, By the end cf World War II, the Church began to surge forward in growth, with increasing membership and addi- tional buildings; and WHEREAS, In 1970, Branch's Church, located at 3400 Bread Rock Boulevard, was annexed by the City of Richmond, yet it retained ties with Chesterfield County citizens; and WHEREAS, The Church has sponsored four mission Churches, including $outhside Baptist Church, Cosby Memorial Church, Falling Creek Baptist Church and Ironbridge Baptist Church. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors does hereby salute the Reverend Cecil Chambers and the 1900 members of Branch's Baptist Church on their 175th Anniversary, and wish them continued success in the spiritual leadership which members of the Church have shown since 1814. Vote: Unanimous Mr. Applegate stated the executed resolution would be presented by Mr. Daniel, or his d~signe~, at an event at the Church later in the month. 9.F. DECLARING APRIL 23-29, 1989 AS "ORGAN AND TISSUE DONOR AWARENESS WEEK" On motion of the Board, the following resolution was adopted: WHEREAS, The General Federation of Women's Clubs has an outstanding record of accomplishments and contributions in health, mental health and philanthropic area~; and WEEREAS, The Virginia Federation of Women's Clubs is a member of the General Federation of Women's Clubs and provides active support for the a£oremention~d accomplishments and objectives; and 89-270 opportunity of life for many and an improvement in the quality of life for ochers~ and of donated organs and tigsue~, which the American Council on County Board of Supervisors hereby proclaims April 23 29, 1989 as "Organ and Tissue Donor Awareness Week" in Chesterfiet4 County. Nr. Daniel stated he felt it would be appropriate ~o recognize the secretaries during "National Secretaries Week" as they provide a most valuable service to the County eno requested the rules bs suspen~s~ to add Item 9.G., Resolution Recognizing April 24 - 28, 1989 as "~ational ~scretaries Week". On motion of the Boardr hh~ rules were suspended to add Item 9.G., Resolution Recognizing the Week cf April 24-28, 1989 as "National E~cr~tarie$~ Week". ).G. i~E$0LUTIQ~ ~/~COG~IZING THE WEEK OF APRIL 24 - 28, 198] AS "~ATIO~AL S~CRETARIE~' On motion of the Board, th~ following resolution was adopted: WHEREAS, The importan¢~ of professional secretaries to American public and private o~ganizations has been recognized 5y th~ de$1gnatloD cf April 24 - 28, 1989 a~ "National WHEREAS, Persons who serve Chesterfield County in ~his job olasmificaeion must m~e= high standards of perfol~manoe through a combination of effective interpersonal abilities and technical clerical skills, responsive and courteous service citizens end fellow employees, and knowledge ~nd ~pplication of nuaBezou~ County and departmental pollcie~ and pr0cednres; and W~A~, The A~ninistratlon wishes to expres~ its appreciation to a!l County secretaries ior their dedioa%ion to excellence in public service and for their contributions to the County team+ NOW, T~R~FOR~ BE IT RESOLVED, that the ~ounty ~oard of Supervisors hereby ~eco~niz~s all its secretaries for their invaluable assisBanc~ to T-he County and Vote: Unanimous 10. HF~-TNG$ OF CITIZENS ON~NSC~DUL~D~ATTE~ OR o MS, CYNTHIA DAVIS, P~ATIN~ TO DAMAGES TO AUTOMOBILE Mr. Micas briefly ~xplained circumstances relative to a claim 9rom ~s. Cynthia Davi~ for $200 ariging from an automobile acclden= which allegedly occurred between her v~hi~le and 89-~71 anotheE car on February 7, 1989 at the Chippenham-Hull Street overpass. He stated staff, upon review of the data, has determined that police action in thin matter was reasonable, that there is no legal basis for payment of this claim and recommended denial. Ms. Cynthia Davis briefly presented her claim, stated she followed instructions given her by the investigating police officer at the accident scene to remain in her ear until such time as a State Trooper arrived, stated she felt the police officer acted inappropriately by permitting the driver of the g~ey vehicle which struck her car to leave the scene of the accident, felt that she should not be compelled to bear the expense of the $200.00 deductible as required by her insurance policy which normally would have been covered by the insurance company representing the driver of the car which had struck her vehicle and requested the Board consider reimbursement of the $200.00 deductible which she must pay to repair the damage to her car. Discussion, comments and questions ensued relative to the County's legal responsibility for payment of said claim, evidence as to whether or not the police officer handled the accident in a negligent manner, existing immunities available under Virginia State law to protect police officers from the payment of any civil claim, utilization of County funds ~or payment of citizens' claims, th~ setting of a precedent if civil uncollectible damage claims that may arise from automobile accidents were paid, citizen's rights regarding such incidents, the use of police power, that honoring the claim could set a precedent, that the appropriate forum for disposition of such a claim would be in the Courts, etc. On motion of Mr. Daniel, seconded by Mr. Sullivan, the Board denied the claim of Ms. Cynthia Davis for $200 for damaqes sustained to her automobile arising from an accident which allegedly occurred between her vehicle and another car on February 7, 1989 at the Chippenham-Hull Street overpass. Ayes: Mr. Applegate, Mr. Daniel and Mr. Sullivan. Nays: Mr. Currin. Abstention: Mr. Mayes. 12. PUBLIC H~%P~TNGS 12.A. TO CONSIDER THE CON~YANCE OF A LEASE OF REAL PROPERTY AT BENSLEY PARR FOR OPERATION OF FOOD CONCESSIONS Mr. Masden stated this date and time had been advertised for a public hearing to consider the conveyance of a lease of real property at Bentley Park for the operation of food concessions. No one came forward to speak in favor of or against the matter. On motion of Mr. Currin, seconded by Mr. Sullivan, the Hoard approved the request of the Bensley Athletic Association for a three year lease agreement with the County for the operation ei a food concession at Bensley Park. Vote: Unanimous 12.C. TO CONSIDER A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $40S~836,34 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY TO FINANCE THE PURCHASE OF EQUIPMENT THROUGH T~ GOVERNOR'S T~C~NOLOG~ INITIATIVE PROCUREMENT AND FINANCING PROGRAM FOR SCHOOL PURPOSES IN ACCORDANCE WITH 22CTIONS 15.1-~71.1 AND 15.1-504, CODE OF VIRGINIA, 1950, AS AMENDED Mr. Stegmaier stated this date and time had been advertised for 89-272' a public hearing to consider a resolution authorizing the issuance of $408,~36.34 of General Obligation School Bonds by the County to finanoe the purchase of equipment for school purposes through the Governor ' g EduQationa~ Technology Ini~ia~ive Procuremen~ and Financing Pr0gr~. He ~tated the School Board h~ approved the request and fnnd~ fo~ the first yeax's repa~ent of the debt has been incl~ed in the 1990 ~o one came forward to speak in ~avQz of or a~ainst the On motion of Mr. Ceftin, seconded by MN. Sullivan, the Board adopted the following ~T T0 ~C~RD $408,~6.~4 ~ ~LI~TION P~TICIPATION IN ~ 8TA~ ~N-~IT~ The Board of County Supervisors (the "Board") of the County of Chesterfield, Virginia Ithe "County") has determined that it is necessary and expadient to borrow not to exceed ~408,836.34 and to issue it~ general obligation ~ohoot bonos fox tha financing of the purchase of equipment for eche~l purposes through the Governor'~ ~u~ational Technology Initiative Procurement and Financing Program. The County held a public hearing on April 12, 1989 on the issuance of tAe Bonds [as defined below) in accordance with the requirements of ~eotlons 15.1-171.1 and 15.1-504~ Code of Virginia 1950, as NOg;, T~A~FO~, BE IT I~OLVED BY T~ ~A~D OF 1. Au~orization of ~ ~d U~e of Precis. The Board of County Supervi~cra heraby 4e%ermines that it is advi=able contract a debt and iaaue and sell bonds in ~e amount of financing the purchaBe of equi~ent for school purposes through and Financing Pr0gr~. The issuance' and sale of the Bonds in Resolution is hereby authorized. interest of the Count~ to s=ll ~he Sends to the Virginia Pnblic School Audacity {"VPSA") at par, upon the te~$ puzsuan~ ~o ~his aesolution. The appropriate officers of the CouD%y are hereby authorized and directed to sell the Bonds VPSA. fully registered fo~; shall be dated th~ dat~ of issuance dellv~ry of the ~onds~ shall b~ d~si~nated "Connty of Chesterfield General Obligation S~hoo1 Bonds, ~ducational Technology Series"; shall bear interest payable s~mi-annually on June 15 and Dece~er 15 {each an "Ink,rest ~a~ent Date"}, accordance with paragraph ~ f this K~solution; an~ the principal amount of the B~nd~ shall be ~ayable in semi-annual installments on the dates (each a "Principal ~ayment Date") and in the amounts established in accordance with paragraph 4 of thi~ Resolution. The Bonds shall be issued a~ a single, typewritten bend substantially in th~ fo~ attached hereto ~xhibit A. 89-273 4. Interest Rates; Principal Installments. (a) The Administrator of the county is hereby authori2ed and directed to accept the interest rate er rates on the Bcnde e~tabliehed by V~$A, provided that no such interest rate or rates shall be more than sixty-five one hundredthz of one percent (65/100 of 1%) Over the annual rate to be paid by VPSA for the corresponding maturity on the bonds to be issued by VPSA, the proceeds of which will be used to purchase the Bonds (the "VPSA Bonds"), and provided further, that no interest rate or rates of the Bonds shall exceed nine percent (9%) per annum, and the execution and delivery of the Bends as described in Sectien 6 hereof shall conclusively evidence the came ae having been approved and authorized by this Resolution. (b) The principal amount of the Bonde shall' be payable in nine (9) semi-annual installments the first of which shall be due December 15, 19~9,' and the remaining installments semi-annually thereafter. The administrator of the County is hereby authorized and directed to ~stablish the principal amount of ~he Bonds not to exceed $408,836.34 and'to accept the amortization schedule on the Bonds established by VPSA, provided that debt service on the Bonds from their dated date until %he end of the first fiscal year (1989-1990) shall not exceed the amount appropriated by the General Assembly from the Literary Fund therefor, and provided further, that debt service on the Bonds from the second fiscal year to the fifth fiscal year shall be approximately level, subject to the actual rate or rates of interest on the VPSA Bonds, and the execution and delivery of the Bonds as described in Section 6 hereof shall conclusively evidence the same as having been approved and authorized by this 5. Payment; Pa¥1ng A~ent and R~gistr~r. The Treasurer of the County is hereby designated as Bond Registrar and Payinq Agent for the ~onds and the following provisions shall apply: (a} all payments of principal of and interest on the Bonde shall be made in immediately available funds to VPSA at or before 11:00 a.m. on the applicable Interest Payment Date and Principal Payment Date, or if such date is not a business date for Virginia banks or the Commonwealth of virginia, then at or before 11:00 a.m. on the business day preceding such Interest Payment Date and Principal Payment Date; and (h) all overdue payments of principal or interest shall bear interest a% the applicable interest rate Or rates on the bonds. 6. Exec~tlon of the BQad~. ~he Chairman ~ vie~ Chairman and the Clerk or any Deputy Clerk of the Board ar~ authorized and directed to execute and ~elive~ the Bonds in an aggregate principal amount not to exceed $408,836.34 and to affix the seal of the county thereto. 7. Use of Available Moneys; Pledge of 1~11 Faith and Credit. (a) ~he $oard hereby appropriates and directs ~hat ~e0me realised from the investment and reinvestment of the proceeds of the Bonds and not required to be rebated to the United States pursuant to the provisions of the Internal Revenue Code of 1986, as a~ended ("Investment Income"), shall be credited to a sinking fund ~or the Bonds. The Board hereby further directs that, as directed by a designated representative of VPSA, on each Interest Payment Date, the Treasure~ shall apply, Or cause to be applied, such Investment Income to the payment of interest due on the Bonds. (b) The Board further appropriates and directs that immediately after the application of the Investment Income as provided in subparagraph (a) above, the Treasurer shall apply, or Cause to be applied, SO muck, if any, of the funds appropriated by the ~eneral Assembly from the Literary Fund or otherwise for such purpose to, or for the benefit of, the 89-274 County to the palrmant of principal and interest due on the Bonds on the next Principal Payment Date and Interest Payment Date. (e) The full faith and credit of the'County are hereby irrevocably pledged for the payment Of pr~ncipal of and interest on the Bonds as the same become due end payable. There shall be levied and ccllected annually on ell locally taxable property in the County an ad valorem tax ~uffieient to pay such principal and interest as the same respectively become due and payable unlee~ other fund$~ including~ without limitation, those iunds reierred to in subparagraphs (a) and (b) above, are lawfully available and appropriated for the timely payment thereof. hereby authorized and directed to cause a certified copy of this Resolution to b~ presented to the School ~oard of Corm%y+ The Bond~ hereby authorized ~hall not be i~sued b~ the Board until ~he School Boar4 oX the County shall have adopted an appropriate resolution consenting to the issuance of the Bonds. 9. Non-arbitrage Certificate and Tax C~venan~e. The appropriate officers and agents of the County are hereby authorized and directed to execute a Non-Arbitrage and Tax Covenants setting forth th~ expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the ~rovisions of the Internal Revenue Code of t986, es amended (~he "Code"}~ and applicable regulations ralaEi~g to the exclusion from gross income of interest on the Bend~ or on the VP~A Bonds. Th~ Board Cov~nan%a on behalf of the County that the proceeds from the iasuance end sale Of the Bonds will be invested and expended as Set forth in such Non-Arbitrage Certificate and Tax Covenants and that the County Shall comply with the other covenants and representation~ contained Furthermore, the Board covenants on behalf of the County that the County ~hall comply with the provisions of th~ Co~e so that interest on the Bonds and on the VPSA Bonds w~ll remain 10. State Non-~rbi~r_aj~_o Pro,ram. The Board hereby finds and determine~ kha~ '(a)- '~e Board ha~ re~eived and re~iewed Non-Arbitrage Program of the Commonwealeh Of ~irginla and (ii) a draft of the Contract dated January 16, 1989 (the "Contract"}, creating the State Non-Arbitrage Prog=am Pool ("SNAP Pool I~'), and lb) the County has been afforded the opportunity to discuss SNA~ with the ~nvestment manager of and determines ~ha~ it is in the best interests of the County to authorize thc Trcasurer of the County to participate in SNAP. the Board hereby acknowledgea that the Treasury Board of thc otherwise provided in the Contract. II. Filing of R~eelution and P%~blication of Notice. The apprQpriate officers or agents of the County are hereby Resolution to be filed wibh the Circuit Court cf the County notice setting forth (al in brief and general term~ the 89-279 purposes for which the Bonds are to be issued and (b) the amount of the Bonds. 12. Further Actions. Each member of the Board and all other 0ffioers, employees and agents of the County are hereby authorized t0 take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 13. EffectiYe Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of County Supervisors of the County o~ Chesterfield, Virginia, hereby certifies that the foregoing constitutes a true and correct ~xtract from the minutes of a meeting of the Board of County Supervisors held on April 12 1989, and of the whole thereof so far am applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolutions, a quOr%um was present. WITNESS MY HAND and the seal of the Board of County Supervisors of the County of Chesterfield, Virginia. Dated: April 12, 1989 Clerk, Board o~ County Supervisors of the County of Che~terfisld, Virginia EXHISIT A (FOPd~ OF BOND) NO. R-1 $408,~36.34 UNITED STATES OF AMERICA COMMO~gqEALTH OF VIRGINIA CODI~TY OF CHESTERFIELD General Obligation School Bonds Educational Technology Series The COUNTY OF CHESTERFIELD, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRQINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS, in installments, commencing December 15, 1989, and semi-annually thereafter on June 15 and December 15 of each year (each a "Principal Payment Date"), as shown on Schedule 1 attached hereto, together with interest on the unpaid installments at the annual rates set forth on Schedule 1 attached hereto, from the date of this Bond until payment of the principal sum hereof, such interest to be payable commencing on December 15, 1989, and semi-annually thereafter on June 1S and December 15 of each year (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), as shown on Schedule 1 attached hereto. Both principal of and interest on this Bond are payable in lawful money of the United States of America. The Treasurer of the County shall make all payments of principal of and inter~st on this Bond, without the presentation or surrender hereof, to the registered owner 89-276 hereof, in /n~aediatoly available funds at or before 11:00 on th~ applicabl~ Pay~en~ Date. If a Payment Date is not a busines~ day for banks in the Commonwealth of Virginia or for the Commonwealth of virginia, then the.payment of principal of or interest on this Bond shall be made in immediately available funds at or before ll:0O a.m. on the huminess day preceding the scheduled Payment. Date. Upon receipt by tho r~gisters~ owner of this Send of said payments of principal and interest, written a~knowled~nh of the receipt thereof shall be given pr0mp~ly to ~ha Treasurer of the County, and the County shall be fully discharged of its obligation on thi~ ~ond ~o the extent of the payment so made. Upom final pa~m~nt~ this Bond shall be surrendered to the Treasure~ ef the County for oancsllation. The full faith and credit o~ the County are irrevocably pledge~ ~or the payment of principal of and interest on thi~ Bond~ This ~ond i~ duly authorized and issued in compliance with and pursuant to the Constitution and laws of =ha commonwealth of Virqini&, including the Public Finance Act, Chapter 5, Title 15.1, Code of Virginia, 1950, as amended, an~ resolu~ion~ duty adopted by the Board of County Supervisors of the County and the School Board of fh~ County to provide funds to £inanee the purchase of ~qui~ment fo~ ~chool purposes throuqh the Gov~rnor'g Educational Technology Initiative Frocurement and Finanoin~ Proqram. School Authority as to both principal end interest on book~ of the County kept by the Treasurer of the County. The principal installments on this Bond are not subject to redemption prior to their re=pec~ive payment date~. All acts, condition~ and thing~ required by the Constitution and laws of the Commonwealth of Virqinia to happen~ exist o~ he p~rformed precedent to and is the issuance of this ~ond have happened, exist and hav~ been performed in due time, form and manner a~ so ~equired, and this Bond, together with all other indebtedness of the County, is within ever~ debt and other limit pr~scribed by the Constitution and laws of the Contmonwealth of Virginia~ and provision has been made for the levy and coll~ctlon of an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of tho prlnoipal of and inheres= on ~his send as the ~ame shall become due. IN WTTN~$ W~t~EOF, the Board of County Supervisors of the County of Chesterfield has caused thi~ Bond to be i~ued in the nam~ of the County of Chesterfield, Virginia, to be signed by its Chairmmn or Vice-Chairman, it~ seal to be affixed hereto and aCCented by the signature of its Clerk or any af its Deputy Clerks, and thim Bond to be dated Say__, 1989. COUNTY OF CHESTERFIELD, ATTEST: Clerk, Beard o~ County Supervisors ~or the County of Chesterfield, Virginia By Chairman, ~oard of County Supervisors cf the County Of ~hesterfield, virginia SCBED~LE 1 89-277 Payment Dates December 15, 1989 June 15, 1990 December 1S, 1990 June 15, 1991 December 1~, 1991 June 15, 1992 D~cember 15, 1992 June 15, '1993 December 15, 1993 Vote: Unanimous P~incipal Interest Interest Installment Total Rate Due Due Due % $ $ (It was noted that a copy of the entire resolution was dis- tributed to the Board.) 12.D. TO CONSIDER AN A/~ENDMENT TO TEE NORTEERN AREA LAND USE AND TRANSPORTATION PLAN AND TEE POWHITE/ROUTE 288 DEVELOPMENT AREA LAND USE AND TRANSPORTATION PLAN, ELEMENTS OF THE CEESTERFIELD COMPREHENSIVE PLAN WHICH SPECIFICALLY ADDRESS THE MIDLOTHIAi~ AREA COMMUNITY OF CEESTEP~IELD COUNTY Mr. Jacobsen stated this date and time had been advertised for a public hearinq to consider an amendment to the Northern Area Land Use and Transportation Plan and the Powhite/Route 288 Development Area Land Use and Transportation Plan elements of the Chesterfield Comprehensive Plan which specifically address the Midlothian area community of the County. He presented a slnmmary of the Plan, outlining the exietin~ land use patterns, anticipated qrowth trends, issues facing the community with respect to development and enhancement/preservation of the character of the Village of Midlothian, etc., within the area located generally between Otterdate Road, Murray Olds Drive, Lucks Lane and the southern boundary of Salisbury Subdivision. When asked, he explained the extension of the Corridor Overlay District standards, eastward from the Southern Railroad Overpass to Falling Creek, as applicable to the Midlothian area community. Mr. Irvin H. Coeby expressed concern relative to the proposed development from Crowder Lane westwardly to Winterfield Lane, restricted uses resulting in depreciation of the sale value of land versus the assessed value at hi~her rates and stated he felt the proposed streetsoape requirements would fur%her slow down traffic on Route 60. Mr. John Smith expressed concerns relative to the information provided to the public, which he felt was insufficient, inadequate and unclear, regardinq the proposed Midlothian Plan and submitted a copy of his statement to the Board. He stated he owns property in the affected area but had not received proper notification of public meetings regarding the proposed Plan, that there was insufficient data tO provide the information he was seeking and requested that the Board defer the matter until such time as public hearings, within the community of interest, could be held. ~e read his statement for the record. Mr. Apple~ate stated that his concerns would be taken into consideration. Mr. Smith began an unacceptable line of remarks to the ~oard of Supervisors, Mr. Applegate ruled Mr. Smith out of order and requested that he leave the meeting. When Mr. Smith refused, Mr. Applegate declared the Beard in recess. Reconvening: Mr. Applegate resltraed the public hearing and indicated outbursts from speakers would not be tolerated. 89-278 Mr. Peppy Jones, Mr. Charles Bachelor, Mr. Rick ~czdensen, ~r. Steve Neisler, MS. Carolyn Powers and ~s. Marie Strect voiced support for the MidlcthiaD Area Community Rlen as it represented compromise between the County and citizens to develop a Plan in the b~t interest of the community as well as provide protection of area homes a5 desired by the residents, expressed appreciation to ail those involved ior their diligent efforts and urged the Board to apDrove the proposed Plan. Mr. John Smith stated his opposition co the proposed Midlothian Area Community Plan. Mr. Sullivan stated the proposed R~an resulted from many hours of participation, negotiation and compromise between staff and citizens in the subject co~unity; although the Plan is not perfect, it was the best Plan that could be derived at this time; and tha~ he intended to ensurs that the Plan was implemented where applicable. Mr. Daniel stated he was pleased with the level of participation and spirit of cooperation from all those involved in th~ project, that Plan would set the =one for future development in the area, and that he was comfortable with the Plan as pre,anted, Mr. stated he was pleased to ese that the. resldent~ who liv~ in that community participated in the deeislon-m~king process of the Plan, an~ hcpe~ it would be an example for the ~est of the development in the County. Mr. Curr4n eoa~ended all those involved in the development of the Midlothian Plan, stated the Viltaqe ~f Che~t~r ~ going through the same type of development plan proce~ and indicated he hoped that recommendations ~or funding mechanisms would be forthcoming fro~ the citizens and Co~nt~. Mr. Appl~ate stated he felt the Plan was a step in the rlgkt direction, however, he expressed concern as to hew a financial co~itment ~o complete this Plan may be implemented. financing for so~e of the ~p~OVements but rather it outlined options that may be ~v~ilable for financing such improvements {i.e., property owner~/eivic associations raising funds, contributions, etc.). Mr. sullivan indicated there is funding available in the Capital Improvement Program to provide a detailed plan but the fnnding of tho: plan will nee~ to be addressed later. Mr. Jacobsen ~tated that included in the previous as well as the upcoming Legislative Packet were requests for Development Districts. On motion of Mr. Sullivan, seconded by Mr. Coffin, the ~oard add,ted ths Midtothian A~ea Community Plan as recc~m~lended by the Pl,nning Co~tmission, which plan is an amendzGent to ~orthern Area Land Uss and Transportation Plan and Powhite/Route 289 Developm~nt Ar~a Land Use and Transportation Pla~, elements of the Chesterfield Connty Comprehensive Plan, and which plan is designed to specifically guide =he fu=urs southern boundary of Salisbury Subdivision. (A copy of said Plan i~ filed with the paper~ of this Soard.) 12.E. TO CONSIDER AN ORDINANCE TO AMEND T~E CODE OF TB~ COUNTY OF C~EeTERFI~LD, 1978, AS AMENDEb, ~ A~=NDING ARTICLE III, SECTIONS 21-63.1 AND 21-67.1~ AND ADDING SECTIONS 21-~7.25 THROUGH 21-67.40 TO CR~AT~ A ~EW OVERLAY ZONING DISTRICT FOR NIDLOTHIAN VILLAGE Er. Jacobsen stated this date and time had b~n advertised for a public hearing to consider an ordinance to emend the Cede of 89-279 the County of Chesterfield, 1978, as amended, by amending Article III, Sections 21-63.1 and 21-67.12 and adding Sections 21-67.25 through 21-67.40 to create a new overlay zoninq district for the ~idlothian Village consistent with the Midlothian Area Community Plan. He presented a brief summary of the proposed ordinance amendment and outlined elements of the proposed standards relative to applicability, height, architectural treatment, setbacks, parking, landscaping and signs. Mr. Peppy Jones and Mr. Charles Bachelor voiced support for the proposed ordinance amendment and stated they felt it would affect the community in a positive manner and enhance property values as well as the way of life. Mr. John Smith voiced opposition to the proposed ordinance amendment ae he felt it wa~ down-zoning all of his property, denying the property owner the right to develop his property to the highest and best use, stated the data made available to the public in finished form by staff was insufficient and submitted a copy of his concerns to the Board, Mr. Applegate stated the proposed ordinance a/~endment did not deal with zoning but with the development standards necessary to guide development in accordance with the Midlothian Area Community Blah. Mr. Sullivan stated those individuals involved in the develop- ment of the special Midlothian Village design and zoning regulations identified the standards necessary to preserve the unique character of the Village of Midlothian and recommended special regulations for non-residential uses so that the charaoter, identity, architectural quality and pedestrian scale of the Village can be preserved and enhanced. Mr. Daniel voiced support for the Corridor Overlay District standards with respect to overall development and referenced a previous zoning case in which he felt both the community and the dsvslcper benefited by use of the standards. Mr. Mayes reiterated his previous con~nent that he was pleased to see that the residents who live in that oommunity partioipated in the decision-making proceSS and hoped it would be an example for the rest of the development in the County. Mr. Currin stated he felt comfortable with the ordinance a~ pre~ente~. On motion of Mr. Sullivan, seconded by Mr. Daniel, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF T~E COUNTY OF C~ESTE~I~, 1978, AS AMENDED, BY ~ENDING ARTICL~ III., MOPE SPECIFICALLY BY AMENDING SECTIONS 21-63.1. AND 21-67.12., AND INSERTING SECTIONS 21-67.25. 'r~OUGH 21-67.40., TO CP. F~T~ ANEW OVERLAY ZONING DISTRICT FOR MIDLOTHIANVILLAG~ BR IT ORDAINED by the Board of Supervisors of Chesterfield County: That the Code of the County of Chesterfield, 1978, as amended, is amended by amending Article III., more specifically by amending Sections 21-63.1. and 21-67,12., and inserting Sections 21-67.25. through 21-67.40., as follows: ARTICLE III. DISTRICTS GENERALLY. Division 7.1. Special si_~n Districts. 89-280 ~a) The W.S. Route 60 special ~ign distrimt shall include all parcels of land located within 300 feet of the boundaries of the right of way of U.S. Route 60 {Midlothian Turnpike) between State Route 86~ (Grove Road) and ~h~ intersection of Routs 60 and Falling Creek unless the parcel on which the sign is located extends further than 300 £e~t, in which cass the special sign district shall include sugh additional property f~ a maximum of 1500 feet. Division 11.2. Corridor 0~erlay District. Areas of A~lioabilit~ an~ All parcels of %and %seated within %,$00 feet of the ~enterline of State Route 60 (Midlothian Turnpike) be%ween the intexse~tion of Route 60 and Falling Creek and the Chest~r£ield Count~/Po~hatan County line. Division 12.3. Village Overla~ District. Sec. 21-67.~5. Purpose an~ intent of District. Th~ purpose and intent of this division are to recognize unique villages within tho County, which are part of the county's cultural, architectural and historic heritage; and to scale of such villages by continuing and enhancing existing patterns o~ development through the implementation of adopted plan~ and guidelines and the establishment of an overlay district mandating additional land use regulation and development standards and requirements withiD ~u~h ~illage~. Such village~ may include, but are nnt limited to: Bon Air, Chester, Zttrick, ~atouca, ~idlothian, and other co--unities having a unique cultural, architectural, or historic identity. Sec. 21-67.26 Areas of Applicability and Exemptions. (a) The Village Overlay District shall include all lands as specified herein: (l) The sidluthian village Core, comprised of all that area bounded by the Southern Railroad right-of-way; by the western property line of Tax Map 15~12 (1} Parcel 51; by the northern an~ western property lines of Tax Map 15-11 {l) ~a~cel 50; by Wes=fiel~ goad~ by ~yca~ore square Drive; by Midlothian Turnpike; by %he western and southern p~operty lines o~ Tax Map 15-12 (1) Parcel 41; by th~ southern property line of Tax Map 15-12 (1) Parcel 100; by the southern property line of Tax ~ap 15-I2 (1) Parcel 39; by the western and southern property line~ of 15-12 (1) Parcel 38; ~y the western property line o~ Ta~ Map 25-4 (1) Parcel 4 extending to the north and mouth~ by the northern property line of Tax Map 15-16 (1) Parcel 15; by a line extending due ea~t fro~ the northeast~rnmost corner o~ Tax ~ap 15-16 (1) Parcel 15; by e line extending to the north and south, 500 fee% west of and parallel to the eastern property line of Tax Map 16-13 {I) Parsul 2; by the southern property line of Tax Map 16-I3 (1) Parcel 2; by the eastern property line of Tax Map lS-9 (1) Parcel 31, extending south~ by Midlothian Turnpike~ by Mt. Pisg&h Drive; by the eastern property line of Tax ~ap 15-8 (1) Parcel 56 (all said Tax Map parcels being shown on the Tax 89-281 Assessor's Map January 9, 1989); and being the same area shown on the map entitled Midlothian Village Area, prepared by the Chesterfield County Planning Department and dated February 7, 1989, incorporated by reference. (2) The Midlothian Village Fringe, comprised of all that area bounded by the Southern Railroad right-of-way; by Winterfield Road; by the northern and western property lines of Tax Map 15-7 (1) Pareet 44; by the northern and western property lines of Tax Map 15-11 (1) Parcel 1; by Midlothian Turnpike; by the western property line of Tax Map 15-11 (1) Parcel 3; by the ~outhern property line of Tax Map 15-11 (1) Parcel 3 extending to the east; by LeGordon Drive; by the southern property line of Tax Map 15-11 {1) Parcel 4; by a line extending from the south- easternmost corner of Tax Map 15-11 {1) Parcel 4 to the southwesternmost corner of Tax Map 15-11 (5) Midlothian Village Parcel 1; by the southern property lines of Tax Nap 15-11 (5) Sidlothian Village, Parcels 1, 9, 6, and 7; by the southern property lines of Tax Map 15-12 (6) Midlothian Village Parcels 3 and 5, and of Tax Map 15-12 (1) Parcels 41 and 100; by the southern property line of Tax Map 15-12 (1) Parcel 39; by the western and southern property lines of Tax Map 15~12 (1) Parcel 38; by the western property line of Tax Map 25-4 (1) Parcel 4 extending to the north and south; by the northern property line of Tax Map 15-16 (1} Parcel 15; by a line extending due east from the northeasternmoet corner of Tax Map 15-16 (1) Parcel 15; by the eastern property line of Tax Map 16-13 (1) Parcel 2 extending to the South; by the southern property lines of Tax Map 16-13 (1) Parcels 6 and 9; by the ~astern property lines of Tax Map 16-13 (1) Parcels 9, 8, 7, 4, and 11, and of Tax Map 16-9 (1) Parcel 61; by Midlothian Turnpike; by the ~astern property lines of Tax Map 16-9 (1) Parcels 19 and 34; by the northeastern property lines of Tax Map 16-9 (1) Parcels 19 and 34 extending to the northwest; by Old Buckingham Road; by the eastern property line of Tax Map 16-9 (1) Parcel 51; by the eastern and northern property lines of Tax Map 16-9 (1) Parcel 59; by the northern and western property lines of Tax Map 16-9 (1) Parcel 58; by the northern property line of Tax Map 16-9 (1) Parcel 57; by Mount Pisgah Drive; and by the eastern property line of Tax Map 15-8 (1) Parcel 96; save and except the area of the Midlothian Village Core, described in paragraph (1) (all said Tax Map Parcels being as shown on the Tax Assessor's Map January 9, 1989); and being the same area shown on the map entitled Midlothian Village Area, prepared by the Chesterfield County Planning Departmsnt and dated February 7, 1989, incorporated herein by reference. (c) Uses in R, R-TH, R-MP, and A Districts shall be exempt from all standards for the Village Overlay District, with the exception of Section 21-67.33. and Section 21-67.38. Sec. 21-67.27. Implementation of Plans and Guidelines. In acting upon any rezoning; conditional use permit; conditional use planned development; schematic plan; site plan; varianee; special exception; historic district, landmark or landmark site designation; or other decision under this Chapter: which decision will impact a designated Village Overlay District, the responsible body, officer or agent shall review such decisiuns for conformity with all and any applicabl~, officially, adopted plans and guidelines for development, including, but not limited to guidelines for landscaping, paving, lighting, signage, architectural treatment, and streetscape and facade appearance. Sec. 21-67.28. Application of Standards and Requirements. Unless otherwise set forth in this Division, the 89-282 applieabL~ s~andard$, req~ire~snts and other regulations found ulsewh:r~ in this Chapter, and in all other appropriate law shall prevail. sec. 21-67.29. Pel~mitted Uses -- By Right. All usss permitted by right in the underlying zoning district(s). Se~. 21-67.30. ~ermitted Uses -- Accessory Uses. All uses permitted as accessory us~s in the underlying Se~. 21-67.~1. Permitted Uses -- Condi~iosal Uses. Ail uses permitted by Conditional U~e in th~ ~nd~rlylng ~onin~ district(s). Se~. 21~67.32. Permitted Use~ -- S~eciaI Exceptions. All uses permitted by s~ecial Exception in the underlying zonin~ district{s). Sec. 21-67.33. Developmen[ Requirements. Height~. Th~ maximum hcigh~ of all buildings follows, unless otherwise provided in S~etiOn 21-39. or Section 21-40. (a) Midlothian Village Core. R, ~-TH, R-F~ an~ A Distriots. a~ Ail buildings other than accessory buildings--two and one-half (2~1/2} ~torie$ f~t, whichever is less. b. Accessory building~--0nc-half the height of the principal building or twenty-five feet whichever is greatex. In R-T~ Districts, Section 21-113.1 (a), no windows, doors, or ether similar whichever i~ less. Accessory buildings that abu~ s common side property line shall maintain ~ solid wall (having no ~indows, doors, or other similar openings) along line. (2) O, B, and ~ District~. All buildings--two and (b) Midlothiac Village Fringe. (1} ~ K-TH~ R-MF and A Districts. a. All buildings ether than accessory buildings--three (3) ~forie~ o~ forty (40) feet, whichever ia b. Acce~sor~ buildings--on,-half the h~ight of ~he principal building or twenty-fiv~ ~ee~ whichever ~s ~reater. In R-T~ District~, ~cept those lots li~ted ~n Settled ~1-11~.1 (a), no windows, doors, er other eimilar Openings will be permitted above one story or ten feet, whichever is lees. Accessory buildings that abut a common side DrOperty line shall maintain a solid wall (having ~e windows, doors, or other similar openings) along said adjoining property line. (2} O, B, and M District~. All buildings~-three (3) s~ories or forty-five {4~) feet, whichever is less. Sec. 21-67.33.1. Yard Requirements Except where an underlying industrial district or a conditional use p~rmit requires a greater minimum yard or setback (in which case ths:c shall be no maximum yard or setback, unless otherwise specified by ~uoh underlying industrial district or conditional use permit), the following yards and setbacks shall be observed. (a) Midlothian Village Core. The maximu~ and minimum yards for all buildings, drives, for surface and deck parking in the Midlothian Village Core, defined in Section 21-67.26. (a) (1}, shall be as follows: (1) setbacks along major arterials. a. The minimum setback along major arterials, for buildings, shall be fifteen (15) feet. The maximum ~etback along major arterials for at least one building on 'a lot shall be fifty (50) feet; however, this maximum setback shall be reduced in accordance with the following formula, if there is an existing building on one or more sides of the subject let, but in no ca~e shall the maximum setback be less than fifteen (15) feet. Formula for mandatory reduced maximum setback: The average -of the setbacks of the closest principal buildings occupying the lots adjoining the sides of the subject lot~ if buildings occupy both rheas adjoining lots and are within 200 feet of the mubject lot; or The average of the setback of the closest principal building occupying a lot adjoining one side of the subject lot and fifty (50) feet, if a building occupies only one of the lots adjoining the sides of the subject lot and is within 200 feet of the subject lot (whether the opposite side of the subject lot is an unoccupied lot or a public right-of-way). Landscaping shall be provided within the setback in accordance with Perimeter Landscaping E. b. The minimum setback along major arterials, for drives and parking areas, shall be twenty (20) feet behind the front line cf the building with the least setback on the lot. If there is no building on the lot, the minimum setback for drives and parking areas shall be twenty (20) feet behind the maximum setback for one building on the subject lot as d~t~rmlned in paragraph (a) above. 5owever, in no case nesd drives and parking areas be set back mer~ than fifty (50) feet. Landscaping shall be Drovided in accordance with Perimeter Landscapinq E. Further, this minimum setback may be reduced to the front line of th~ building with the least setback On the lot with provi~ion of Landscaping in accordance with Perimeter Landscaping F. Front and corner sid~ yards. a. The minimum front and corner side yards along rights-of-way other than major arterials, for buildings, shall be fifteen (15) feet; however, the minimum yard shall be increased, if there is an existing building on one or more sides cf the subject lot, in accordance with the following formula, but in no case shall the minimum yard b~ more than 89-284 increase of minimum yard: The averag~ of the yards of the closest principal buildings occupying the lots adjoininq the sides of the subject lot, if buildings occupy both these adjoining Iot~ and ara within 200 feets or The average of the yard of the closest principal building occupying a lot ad~oininq one side of the subject lot and fifteen (15) feet, if building occupies only one of the lots adjoininq the Sld~s of the subject lot and is within feet {whether the opposite side of the suhj~ct lot is an unoccupied lot or a public right-of- way}. The maximum front and corner side yard along one building on a lot shell be twenty-five (25) Landscaping shall be provided within the setback in accordance with Perimeter Landscaping D. b. The minimum front and corder side yar~s alonq rights-or-way other than major arterials, far drives and parking area~, ~halt be twenty-five Landscaping shall be provided in the ~ethack in ao~or~an~e with ~erlmoter Landscaping D. Further, this minimum yard may be reduced to the front line of %he building with the least yard on the lot with provision of landscaping in accordance with Landscaping F. (3) Side yards. The minimum side yard for buildings, drive~ and parking areas shall be twenty-fiv~ (25) feo~ with T_he provision of landscaping in accordance with Perimeter Landscaping A; this yard may he reduced ton (lO) feet with provision of landscaping in accordance with Perimeter Landscaping B. Alternatively, the sld~ yard, for buildings in of/ice sn~ cc~ercial districts Only~ m~ be zero (0) feet, when adjacent to an Office or Commercial District. (4) Rear yards. ~ha minimum rear yards for buildings, drives, and parking areas, shall he twenty-five (25) f~t with the provision of Iand~caplng in accordance with Perimeter Landscaping A; thi~ yard may he re,ucc4 to ten (10) feet with provision cf landscaping in accordance with Perimeter Landscapin~ ~, Alternatively, the rear yard, for buildings in office and oo~merciat districts only, may be zero (O) fe~t, when adjacent ~o au Offics or Commercial District. (5) Yards for gasoline pumps. The setback for g~soline pumps and ~rlves serving gasoline pumps shall be required in paragraphs (1) through (4) above. (b} Midlcthian Village Fringe. The maximum and minimum yards for ell buildinq~, drives and surface and deck parking in the Nid!othian Village F/inge, as dsfinad by Section 2t-67.26 (a) (2)~ shall he as follows: {1) Setbacks along major arterials. a. The minimum setback along major artorial$, for buildings, shall be fifty {50) feet. The Planning Director shall authorize a further setback when the average of the closest principal buildings Occupying the lots adjoining th~ sides of the subject lot exceeds fifty (50) feet. Landscaping shall be provided in accordance with Perimeter Landscaping E. b. The minimum setback along major arterials, for drives and parking areas, shall be no less than the front line of the building with the least setback on the lot. Landscaping shall be provided in accordance with Perimeter Landscaping E. (2) Front and corner side yards. -a The minimum front and corner side yards along rights-cf-ways other than major arterials, for buildings, shall be twenty-five (25) feet. Landscaping shall be provided in accordance with Perimeter Landscaping D. b ~he minimum front and corner side yards along rights-of-way other than major arterials, for drives and parking areas, shall be no less khan the front line of the building with the least setback on the lot. Landscaping shall be provided in accordance with Perimeter Landscaping D. (3) side Yards. The minimum side yard for buildings, drives, and parking areas shall be thirty (30) ~eet with the provision of Perimeter Landscaping A. However, the minimum side yard may be reduced to ten (10) feet with provision of landscaping in accordance with Perimeter Landscaping B, except when adjacent to any agricultural, residential, townho~se residential or multi-family reeidential district. (4) Rear Yards. The minimum rear yard for buildings, drives, and parking areas shall be forty (40) feet with provision of Perimeter Landscaping A. However, the minimum rear yard may be reduced to twenty (20) feet with provision oi landscaping in accordance with Perimeter Landscaping B, except when adjacent to any agricultural, residential, townheuse residential or multi-family residential district. (5) Yards for gasoline pumps. The setback for gasoline pumps and drives serving gasoline pumps shall be the same as those required for drives and parking areas as required in paragraphs (1) through (4) above. Sec. 21-67.34. Use Limitations. Ail uses shall be subject to the uee limitations set forth in the underlying zoning district(s), and, in addition, uses that have drive-in windows and/or gasoline pumps, and all uses exclusively permitted in the General Business (B-3) District shall only be permitted when incorporated into a coordinated development of one or more parcels with an aggregate size of ten acres or more. Sec. 21-67.35. Access and Internal Circulation. (a) Purpose and Intent. The purpose and intent of this Section is to maintain or improve the level of service roads; to minimize the number of access points to roads; to promote the sharing of aecess and ability to travel between sites; to insure that development is of a scale proportionate to the capacity o~ existing and proposed transportation facilities; to in~ure that appropriate traffic mitigation measures are provided; to provide pedestrian circulation networks among residential, commercial, and recreational areas; and to enhance safety and convenience for the public. To these ends, implementation of an approved transportation systems management plan is encouraged. (b) Access to Arterials and Collector Roads. 89-286 il) Direct access arterials and collector roads shall be approved by the Director of Transportation or his agent. (2) Unless an access plan is submitted to and approved by the Transportation Department for mere than one access to an arterial road: a. No parcel or lot in ~xlstence prior to August 12, 1987, having frontage along an arterial shall be permitted more than one (1) direct access to that major arterial; and b. NO assembly o~ two (2) or ~cre parcels, which parc~l~ were in existence prior to August 12, 19B7, and are subsequently placed under one ownership, control and/ox maintanance shall be permitted more than one {11 direct access to an arteriall (3) Direct access shall be provided by, but not limited to, one or more of the following means: a. Access to the parcel may be provided by ~n existing or planned public right of way, a special access street, and/or a private drlve~ an4/or b. A¢~e~s to %he ~ite may ~a p~ovided via %ha internal circulation of a shopping cen~er, an office complex, or similar ~roup of buildings having access in accordance ~ith an approved acce~ plan; and/or c. Access may be provided via individual or shared access. (c} Crossovers+ (1) Crossover a5 used in this S~cticn shall mean any break in the median of a divided road. {2) DevetOp~r~ of all parcels or lots located at existing or proposed crossovers shall submit tO the Transportation Department for approval, prior to site plan approval, a plan which ad~resses access for the ~urrounding area. The Transportation Depar%meDt may require the owner(s) o~ such parcels or lots to provide shared access to adjacent properties by ~a$~meats and/or public rights of way. (d) Internal Circulation. All cites shall have direct and convenient vehicular cireu~atloD between adjacent properties, unless atherwlse permitted by the Transportation Department. (e) Acc~$$ Plan. Any access plan submitted to the shall be drawn to ~cale; Dhall iDclu~e dimensions and distances~ shall clearly delineate the traffic and pedestrian circnla~ion ~y~tem; $hall include ~he location and width of all streets, crossovers, driv~way~ access aisles, entrances to parking a~a, walkways and bicycle paths; and any other (f) Traffic Impact Analysis. A Traffic Impact Ana!y~i~ shall be submitted to, and approved by, the Transportation Depa~tCaent under tho following circumstances: (1) For any proposed development which i~ e×p~=ted to generate 10,000 Average Daily Trips (APT) or more based on trip generation rates as defined by the Institute of Transportation Engineers~ publlcation~ Trip Generation. 89-287 (2) At the request of the Transportation Department, when the proposed development is expected to significantly impact the transportation network. (g) Required Improvement~--Generally. (1) The Transportation Department shall determine the improvements necessary to accommodate proposed develepment in accordance with, but not limited to, the following: a. Conformance with the General Plan or other planned transportation facilities as shown on officially adopted Land U~e and Transportation Plans. b. Maintenance of a minimum D level of service based upon a twenty (20) year-traffic demand projection, as provided by the Director of Transportation, or in areas so designated by the Transportation Department~ no level of Service below that which currently exists; and c. Safe and efficient access. (2) The developer shall be responsible for provision of improvement~, the need for which is generated by the development, as determined by the Transportation Department. (3) The Transportation Department may establish maximum denmities to achieve acceptable levels of service, as outlined in this Section. (h) Pedestrian Access. Pedestrian walkwaym shall be incorporated into each project in such a fashion as to minimize conflicts with vehicular traffic. Pedestrian circulation systems shall be extended to adjacent projects and shall connect uses within individual projects. Pedestrian walkways shall be known on site plans. Sec. 21-67.36. Development Standards. (a) Utility lines underground. Ail utility lines such as electric, telephone, CATV, or other similar lines shall be installed underqround. This requirement shall apply to lines serving individual sites as well as to utility lines necessary within the project. All junction and access boxes shall be screened with appropriate landscaping. Ail utility pad fixtures and meters should be shown on the site plan. The recognized and integrated with the architectural elements of the site plan. (b) Loading areas. Sites shall be designed and buildings shall be oriented so that loading areas are not visible from any of the project perimeters adjoining any A, R, R-TH, R-MF, or 0 District er any public right-of-way. (c) Architectural treatment. No building exterior (whether front, side, Or rear) shall consist of architectural materials inferior in quality, appearance, or detail to any other exterior of the same building. Nothing in this section shall preclude the use of different materials on different building exteriors (which would be acceptable if representative of good architectural design) but rather~ shall preclude the use of inferior materials on sides which face adjoining property and thus, might adversely impact existing or future development causing a substantial depreciation of property values. No portion of a building constructed of unadorned cinder block or corrugated and/or sheet metal shall be visible from any adjoining A, R, R-TH, R-MF, or 0 District Qr any 89-288 public right-of-way. Mechanical equipment, whether ground-levnI er rooftop, shall be shielded and sera,ned from public view and designed to be perceived as an integral part of the building. Further~ buildings shall be designed to impart harmonious proportions and to avoid monotonous facades or large bulky masses. Buildings shall possess architectural variety, but embeds9 an overall cohesive village character a~ reflected in existing structures. This character shall be achieved through the use of design elements -- including, but not limited to, balconies and/or te~race~, articulation of doors and windows, sculptural or textural relief of facade~ architectural orna~entatien~ varied roof lines, or other appurtenances such as lighting fixtures and/or planting -- as a~e deucribad in all and any appliQable, officially adopted plans and guidelines for development. {d) ~xtarior !ightin~. Ail exterior lights shall be arranged and installed ~o tha~ the dlree~ or rsfiected illumination does not exceed 0.5 foot eendle~ above background n, easured at the lot line of any adjoining residential or agricultural parcel. Lighting standards ~hall be of a directional type capable of shielding the light source from direct view from any adjoining residential or agricultural parcel and public right-of-way. [~) Drlvew~y$ and parking areas. Driveways an~ parking areas shall be paved with concrete, bituminous concrete, or other similar material. Surface treaUed parking areas and drives shall be prohibited. Cencret% curb and gutter ~hall b~ installed around ~he perimeter of all driveways and parking areas. Other curbing material of similar qnaliey, llk~ brick ur cobblestone, sha~l be permitted at the discretion of the Director of Planning when such other curbing material would be compatible with landscaping or architectural treatment. Drainage shall be designed uc as not to interfere with pedestrian traffic. {f) Outside storage areas. Outdoor storage, as permitted by the underlying zoning diutricts, shall be visually screened from public streets, internal roadways, ~nd adjacent property. Screening shall consist of either a solid board f~nce, masonry wall, dense ~vergreen plant materiels or such other materials as may he approved. All such screening shall be of sufficient height to screen storage areas from view and shall compliment the architectural style of adjacent buildings. Outdoor storage shall include the parking of all company owned and operated ~ehicles, with the exceptic~ of passenger vehicles. {g) Number of parking spaces. Improved, designated parking spaoes in a public right-of-way may be counte~ ~oward the number of parkiug spaces required b~ Sac. 21-50. when mere than one-half (1/2) of each such apace adjoins the site. Sec. 21-67.37. Landscaping Requirements. {a) Purpose and Intent. A comprehensive landscaping program for each individual let or parcel within the district is essential for the vluuul protection and enhanc~en% of the dis~ric=. The purpose and intent of such program are t~ protect and promote the appearance, characte~ and econo~]ic values of land along the corridor and s~rrounding neighbo~- hoods; tu reduc~ the visibility of paved area~ from adjacent properties and streets; to me,orate c~imatlc effects, minnies noise and glare, and e~ance public ~afety by defining spacms to influ~nc~ ~raffic movement; and to r~du~e {h~ amount of ~to~m wat~ ~unofi add provide transition between neighboring (b) Landscaping Plan and Planting Requir~ent~ for any usu within the Overlay District which requires site plan approval. 89-289 (1) A landscaping plan shall be submitted in conjnnction with final site plan approval. (2) Such landseaping plan shall be drawn tO scale, shall include dimensions and distances, and shall clearly delineate all existing and proposed parking spaces or other vehicle areas, access aisles, driveways, and the location, size and description of all landscaping materials. (c) Plant Materials Specifications. (1) Quality. Ail plant materials shall be living and in a healthy condition. Plant materials used in conformance with the provision of these specifications shall conform to the standards of th~ most recent edition of the "American Standard for Nursery Stock," published by the American Association of Nurserymen. (2) Size and Type. a. Small Deciduous Trees. Small deciduous trees shall be of a species having an average minimum mature crown spread of greater than twelve (12) feet. A minimum caliper of at least two and one-half (2 1/2) inches at the time of planting shall be required. b. Large Deciduous Trees. Large deciduous trees shall be of a ~pecies having an average minimum mature o~own epread of g~eater than thirty (30) feet. A minimum caliper of at lea~t three and one-half (3 1/2) inches at the time of planting shall be required. c. Evergreen trees. Evergreen trees shall have a minimum height of five (5) feet at the time of planting. 4. Medium shrubs. Shrubs and hedge forms shall have a minimum height of two (2) feet at t_he time of planting. (3) Landscaping Design. a. Planting required by this section should be in an irreqular line and spaced at random, except where otherwise indicated in all and any applicable, officially adopted plans and guidelines for landscaping. b. Clustering of plant and t~ee species shall be required to provide a pleasing composition and mix of vegetation. e. Decorative walls and fences may be integrated into any landscaping program. (4) Tree Preservation. Preservation of existing trees is encouraged to provide continuity, improved buffering ability, pleasing scale and image in the district. a. Any healthy existing tree may be included for credit towards the requirements of this Section. If any preserved tree that has been credited dies within three (3) years of construction, one (1) tree shall be planted for ea0h tree lc~t. b. Ail existing trees un the site shall be shown on the required landscaping plan, or where there are groups of trees, said stands may be out- 89-290 lined. Trees desired to be r~oved shall be clearly delineated on the landscaping plan. (d) Maintenance. (1) The owner, Or his agent, ~hall he for the maintenance, rspair, and rsplacemsnt of all landscaping materials as may be required by the of this Article. (2) All plant material shall be tended and meintained in a healthy growing condition and free from refuse and debris at all times. All unhealthy, dying or dead pla~t materials shall bo replaced during the next planting season. (3) Ail landscaped areas shall be provided with a readily available wa~er supply. The utilization underground ~torag~ chambers to collect runoff to be later used =o irrigate plant matsrials is encouraged. Installation and Bending Requirements. (1} All landscaping shall he installed ~n a sound, workmanship-like manner and according to accepted, good planting practices and procedures. Landscaped ares~ ~hall require protection from v~hieula~ ~ercachmenP by such means as, hut not limited to, whsel stnp~ cr concrete or bituminou~ (2) k~her~ land~caplng is required, no certificate of occupancy shall be i~sued nntil the required landscaping i~ completed i~ accordance with the approved plan. When the occupancy of a structure is d~sired prior %o the completion of the required landscaping, a certificate of occupancy may be issued only if the or developer provides to the County a form of surety satisfactory to the Planning Depar~ent in an amount equal to the costs of the remaining plant materials, related materials and installation costs. (3) All required l~u~scaping shall be installed and approved by the first planting season fell~wiag issuanse of a certificate of occupancy or the bond may be forfeited to ~he County. This r~qulrement shall net preclude the phasing of landscaping progfams for larger dev~iot~ment projects, the timing of which, shall be approved by the Director of Planning. (f) Perimeter Landscaping. Landscaping shall be r~qnired at the outer boundaries or in the required yards of a lot Or parcel or development and shall be provide4 excep~ where drivsways er other openings may be required. The required landscaping for all outer beundaries of any lot or parcel shall be providsd in accordance with all and any applicable, officially adopted plans and guidelines for dev~lopmen=. There shall be different perimeter landsoapin~ ~eqnlrement~ as identified elsewhere in thi~ division, which shall be providmd as follows{ {1) Perimeter Landscaping A~ a. At least one ~matl deciduous tree for each fifty lineal fee~ and at least one evergreen for each fifty lineal f~t shall be planted within the s~tback b. At Iaast one medium shrub ~or each twenty lineal feet shell be planted within th~ ~e%baok area. c. Low shrubs and ground cover shall be reasonably dispersed throughout. 89-29I (2} Perimeter Landscaping B. a. At least one large deciduous tree for each fifty lineal feet and at least one evergreen for each thirty lineal feet shall be planted within the setback area, and b. At least one small deciduous tree for eaeh fifty lineal feet shall be planted within the setback area, and c. At least one medium shrub for each fifteen lineal feet shall be planted within the setback area, and d. LOw shrubs and ground cover ~hall be reasonably dispersed throughout; OR: e. A minimum three (3) foot high undulating f. Perimeter Landscaping A. (3) Perimeter Landscaping C. a. At least one large decidueus tree for each fifty lineal feet and at least one evergreen tree for each thirty lineal feet ~hall be planted within the setback area, and b. At least one small deciduous tree for each thirty lineal fe~t shall be planted within the ~etback area, and c. At least one medium shrub for each ten lineal feet shall be planted within the setback area, and d. LOW shrubs and ground cover shall be reasonably dispersed throughout; OR: .e. A minimum four (4) foot high undulating berm, and f. Perimeter Landscaping B. (4) Perimeter Landscaping D. a. At least one (1) large deciduous tree for each fifty (50) lineal feet and at least one (1) evergreen for each thirty (30) lineal feet; and b. At least one (1) small deciduous tree for every fifty (50) lineal feet; and c. At least one (1) ~ediLL~ shrub for every five (5) lineal feet, or continuous hedge forms for the entire let width, or a centinuous picket f~nce for the entire lot width, no shorter than three (3) feet and no taller than four (41 feet, painted white or whitewashed; and d. Low ground cover reasonably dispersed throughout. (5) ~rimeter Landscaping E. 89-292 each thirty (301 lineal f~t and at least one evergreen for sach thirty (30) lineal feet; and b. At least one (1) small deciduous tree for every thirty 130} lineal feet; and c~ At least one (1) msdium shrub for every five (5) lineal feet, or continuous hedge foL~ms for the entire lot width, ur e continuous picket fen0e for the sntire lot width, no shorter than three (31 or whitawashad~ or an undulating berm for the lot width, at minimum four (4) fset tell; and d. Low ~hrub~ and ground cov~r reasonably dispersed throughout. {6) Perimeter Landscaping F. a+ At least one (1) large declduou~ tr~ for each fifty (~0) lineal feet and at least on~ e~erfreen for each thirty (30) llneal f~t; and b. At lea~t one (1) small d~iduou$ tree for every fifty (50) lineal feet; and e. Continuous hsdge forms for the entire lot width, no shorter ~han thre~ (3) feet at planting and five (51 feat at maturity, or a continuous picket fence er lattice fence no shorter than five (5) feet and no taller than six (§) feet, or a con~inuous~ ~olid or pierced wall of re,brick end mortar for the entire let width, ne shorter than ~ive (5) feet and no talle~ than ~ix feet, provided ~hat no more than forty percent (40%} of vertical face of such wall is open pierce work; and dispersed throughout. ~an~scapinq Standards for Parkin~ (1) Interior parking area landscaping. a. Any parking area shall have at least twenty (20) ~quara feet oi interior land~caping for each mini~u~ of i00 square fee~ and have a minimum d/r~snsion of at least 9.0 feet. With the provision of this landscaping, perking space size may be reduced to 162 ~qua~e feet. Th~ minimun% width of a parking space shall be 9.0 feet; minimum length shall be 18 feet. b. The primary landscapiDg material used in parkiDg ~reas shall be trees which provide shade are capable o~ providing ~hade at maturity. ~ach required landscaped area shell include at least one (1) large dmciduous tree, as outlined in this Section. Th~ total n~tmher of tree~ Shall not be less than one for each 200 square £mst, or thereof, of required interior landscaped area. Th~ other vegetative m~t~rial to compllmen~ the landscaping. c. Landscaping areas shall be reasonably dispersed throughout, located so as to divide and break up the expanse of paving. The area designated se required setback~ shall not be ualculated as required landscaped area. 89-293 (2) Peripheral parking area landscaping. Peripheral landscaping shall be required along any si~e of a parking area that abuts land not in the right of way of a street such that: A landscaped strip at least nine feet in width shall be located between the parking area and the abutting property lines, except where driveways or other openings may be required. Continuous hedge forms or at least one (1) large deciduous tree, as outlined in this Section, shall be planted in the landscaped strip for each fifty lineal feet. (3) Special design considerations for vehicular storage yards. a. The landscaping requirements set forth by this Section shall apply to automobile dealerships or other similar businesses in the same manner as to any other permitted use, except for approved vehicular storage yards. b. Any vehicular storage yard shall be enclosed by a solid board fence, masonry wall, or a combination of wooden lattice and dense evergreens having a minimum height which will screen the vehicles from view. Large expanses of fence or wall surface shall be architecturally desiqned or landscaped to prevent monotony, and shall compliment the architectural style of adjacent buildings. Sec. 21-67.38. Limitation of Signs. (a) Purpose and Intent. The purpose and intent of this section is to regulate the use of publicly visible displays or graphics to protect and enhance the character of major arterial roadwaye and surrounding areas; to prevent diminishing property values within these areas; to safeguard the public use and nature of major arterial roadways; and to minimize visual distractions to motorists along public roads. (b) General regulations for all Signs. The following shall apply to all signs: (1) Applicable State and Federal sign controls. (2) A County sign permit for all signs over six square feet in area shall be required. (3) Applications for permits shall be submitted on forms obtained at the office of the building inspector. After the Building Official insures that the application complies with the requiremente of the Uniform Statewide Building Code, he shall forward the application to the Department of Planning, which shall check for compliance with the regulations of this chapter and conformity with ali and any applicable, officially adopted plans and guidelines for development, Once compliance and conformity are determined, the application shall be returned to the suilding Official, who shall issue the sign permit. Each application shall be accompanied by plans, showing the size, location, and property identification. In the case of projecting signs and outdoor advertising structures, complete specifications and methods of anchoring and support shall be required. Each siqn and outdoor advertising structure shall have the permit number and date of issuance affixed. (4} Signs and advertising structures shall not obstruct any window, door, fire escape, stairway, ladder 89-294 er opening intended to provide light, air or ingress and egress for any building or structure. (~} Whenever a sign or out,oCr advertising structure becomes structurally unsafe or endangers the safety of a building or premises cr endangers thc public safety, it shall be made safe or removed in accordance with the Uniform Statewide Building Code. (6) Where permits are r~quirs~, all signs, including directional sig~s, shall be ~et back at least five {5) feet from the front property lines or existing right-of-way lines unless a qreater setback is specified. Along roads which have proposed right-of-way expansion as delineated in the General Plan for Chesterfield signs crscted aftsr the delineatlun of such roads on the Plan may be located within ~he proposed right-of-way. Once the proposed right-of-wsy i$ acquire~, all signs erected after the delineation of ~uch roads On the must he set back the required fifteen foot minimum from the new right-of-way unless a greater ~tbaok is specified. (7) sign lighting ~hall he positioned and ~hield~d so as not to impair the vision of any motor operator er cause any direct glare into or upon any property other than th~ property to which the sign may he (8] Outdoor advertising signs shall be prohibited. (9) Portable ~igns ~hall be p~ohibited on a temporary er ~crmanent basis. (10) Pylon Zign~ shall b~ prohibited. (ll) Interoh~Dg~able copy signs and rate and price signs for service station~ ~halI be allowed if integrated into th~ freestanding identification sign. (1~) ~n abandoned sign shall bc remoYed bythe owner sign %ocate~ on property which becomes vacant and unoccupied for a period of two (2} years or mor~ shall be deemed abandoned. If the owner or lessee fails to remove fi~:een (15) days written notice to remove it. Upon Planning may initiate such astlon as may be necessary to (13) ~o sign shall be higher than the roof linc parapet wall of any building for which the sign is proposed. A sign may be attsche~ to the facia of a shed ~ove ~he upper edge of th~ facia cf said shed roof. (c) Permitted Signs. identifying a dwelling, its occupant, its le~ation, or customary ineidenta~ home occupation. (2) One name sign or bulletin board not exoeedinq or other public er se~li-public institution. 89-295 (3) One temporary real estate sign, not exceeding four square feet in area in a Residential Or Agricultural District and not more than twenty-four (24) square feet in area in all other districts, advertising the sale or rent of the premises. Such sign shall be looated on the premises at least twenty feet from the nearest corner of a street intersection, shall not be illuminated, shall be neatly painted or maintained, and shall be removed within ten days after the transfer of title or rental of such property. (4) Temporary off-site real estate signs, net exceeding two square fe~t in area, directing the way to premises which are for sale or rent. Such signs shall he limited to one pe~ parcel (lot) of land, with no more than three signs along any one street, set back at least fifteen feet from the edge of the right of way. Such signs shall be placed on a structure designed for the sole purpose ef supporting the sign and such signs shall be properly printed or painted and maintained and shall be removed within ten days after the transfer of title or rental of such property. (5) Signs displayed for the purpose of farm identification shall be located on the farm premises, shall be set back at least fifty feet from the nearest corner or a street intersection, shall be neatly painted or printed and maintained and shall not be illuminated. · he total aggregate area of all signs shall not exceed twelve square feet. (6) One temporary sign advertising the sale of farm produots grown or produoed on the premises; p~ovided, that such sign shall not exceed twelve square feet in area, and shall not be less than fifteen feet from 'any street right of way or lot line. Suoh sign shall not be illuminated, shall be neatly painted or printed, maintained and shall be removed within ten days after the end of each season. (7) Directional signs not over seven (7)square feet in area, indicating the location of churches, schools, hospitals, parks, scenic or historic places, or other places of general public interest. Any such signs and mounting shall not exceed five (5) feet in total height and net more than one sign neatly painted or printed, pertaining to a single place, shall be displayed along any (g) One temporary on-site real estate sign, not exceeding twenty-four square feet in area, advertising a residential development project provided such sign shall be removed when eighty percent of the dwelling units in the project are occupied. (9) One temporary sign not exoeeding twenty square feet in area may be installed and maintained on the premises for the purpose of advertising the use to be made of the building or structure and the businesses and firms developing the building or structure. Such sign shall be placed on the premises SO as not tO interfere with the vision of motor vehicle operators and may be installed only when actual construction is started and shall be removed from the premises upon occupancy of the building (10) A permanent sign, not exoeeding twenty square feet in area or five (5) feet in overall height, identifying the name and nature of a residential development. One such sign shall be permitted on the premises for each separate street entrance to the develop- 89-296 (11) On individual parcels or lots, one freestanding business sign per parcel or lot not exceeding twenty-four (24) square feet in area an~ five (5} feet in hsiqht shall be permitted on th~ premises im all underlying business, office, or industrial districts. When the side er rear lot line ad~oine an R, R-TH, R-MP, or A District, the exterior signs shall not face the adjacent lot located in an R, R-TH, R-~F, or A District, unless such sign is located at least one hundred and fifty fee~ from th~ R-TH, ~-MF, or A District. Business signs may bs integral with or attached tc the main building, or major appendage thereof, and shall not project from the building er appendage more than thirty [39) inches. The aggregate sign ~rea of all business signs to include freestanding, fixed, and outdoor advertising signs, on any one lot not exceed cae square foot for sack two feet of lot frontage (on corner lots, either th~ front lot like or the corner side let line~ but not both, may be used to compute mign ar~a, regardle~ of road classification); however, in nc casa ehall the maximum permitted be less than twenty ~quars feet Or more than one hundred fifty square feet. (12) In shopping centers, office parks, or similar groups of buildings, one freestandinq business sign =xceeding twenty-four {24) square feet in ar~a and five (5) fee~ in height, identifying the development and announcing only the name or location Of tho shopping center or office park and bu~ine~ n~ne~ of therein. If a shopping center or office park fronts along two ~a~er arterials as ~ndicated on the Chesterfield General Plan, as a~end~, a freestanding ~ign may be permitted along each major arterial. All individual busines~ sign~ within a ~hopping center or office park shall he attached to the main building or major appendage including, but not limited to canopies, marquees, and awnings. Where the si~e or rear lot line adjcin~ an R, R-TH, R~MP, or A District, the ~×terior $1gns shall not face the adjacent lot in an R, R-TH, R-~F, Or A District. No siqn shall project more than thirty (30] inches from the building or major appendage. The aggregate sign area of all individual business $1gn~ for any one business shall not exceed one square foot for each two feet cf store frontage provide~ that a minimum of twen=y square feet and a maximum of on~-hundred fifty squ~re feet shall bo (131 Directional sigma indicating location e~ truck entrances, employee parking, shippinq and receiving, and sim~r aetivities~ provided ~hat all such signs are located on the property of the business and no such sign exceeds five {5) fca= in height and five ~quare feet in (14) A shopping center, office park, or similar group of buildings may have one freestanding on-site directory siFn near each major ~ntrance. Such signls) shall be limited to identifying and providin~ directional information to the individual businesses located within tko shopping center, office park, or similar group of buildings. This sign area shall not ~xceed twenty square ~eet in area and ~ive (5) ~eet in height or be located within a complex so as tO be a traffic an~]or safety hazard. (15) One detached menu' Order board for restaurants with drive-thru facilities. Sign shall not exceed a h~igh~ of five (5) feet nor exceed twenty-four (~4) squaf~ feet in area. (d) Sign Design Standards. 89-29? (1) Design Concept, a unified system of signage and graphics shall be designed for each individual development. Letter style, graphic display, and color shall be analogous for all signage and graphics within an individual development. 8ignage concepts should be considered during the design of buildings, so that signage and graphics are architecturally incorporated into those buildings and the site they inhabit. Size, height, location, material, and color should strongly relate to building and site design, as described in all and any applisable, officially adopted plans and guidelines for development. (2) Freestanding sign design. Freestanding signs shall he encased within a structure that is architecturally related to and compatible with the main building(s) and overall architectural design of the development. (3) Landscaping. Landscaping shall be integrated .with each individual freestanding sign. Clustering of plant species shall be required to provide a pleasing composition and mix of vegetation. This requirement shall be depicted on the landscaping plan as required in Section 21-67.38. (4) Illumination. a. External illumination. External lighting shall be limited to light fixtures utilizing white, not colored, lighting and shall not be blinking, fluctuating, Or moving. External lighting shall only be p~rmitted ii the sign face is constructed of natural materials such as wood or stone or man-made materials such as plastic or metal having the appearance of natural materials. External lighting shall be provided by concealed and/or screened spots or floods and shall be arranged and installed so that direct or reflected illumination does not exceed 0.5 foot candles above background measured at the lot line of any adjoining residential or agricultural parcel or public right-of-way. (b.) Internal illumination. Internal lighting shall be limited to internal light contained within translucent letters and/or leges and internally illuminated sign boxes, provided the background or flsld on which the copy and/or loges are placed, is opaque. The area illuminated is restricted to the sign face only. The direct or reflected illumination shall not exceed 0.5 foot candles above background measured at the lot line of any adjoining residential, townhouse residential, multi-family residential or agricultural parcel or public right-of-way. (5) Sign Package. Prior to the erection of any sign, with the exception of temporary construction signs noted herein, a comprehensive sign package shall be submitted to the Planning Department for approval. The sign package shall provide detailed renderings fo include colors, sizes, lighting, location, ere. for all signs within any development. Sec. 21-67.39. Plan Submission Requirements. (a) Uses requiring submission of plans. All uses within the Village Overlay District shall be required to file plans to assure compliance of all applicable requirements of this Chapter. 29-298 (b) Required info~ation. Plan submission as herein required shall include the following: (~) Site plans in accordance wi~h the provisions of Division 12 of this Article; (2) Landsoapin9 plans tc include plant namer (Latin and common) and sizes at installation; (~; Architectural renderings and/or elevations to include materials and color~; (4] An access plan, approved by the Transportatio~ Department, may be presented as part cf tbs site plan. (c) ~minietrative r~pcnsibility. Tbs Director of Planning shall approve, approve subject to conditions, or disapprove plans in accordance with the reviewing authorities' ~ecommcudation~. He shall return notification of plan results to the applicant, including recommended c~nditions or modifications within thirty {30) days of the dat~ of submission of the plan, if practical. In the event that the rssult~ and/or recon~nended conditioms cr modlficationm ar~ aoG~pt~ble to the applicant, the plan shall be sc modified, if ~equired, and approved. (d) Denial of plan; appeal of conditions er modifica- tions. In the evsnt the plans are dfmappreved or recommended condition~ or modifies{ions ~re unacceptable to the applicant, said plane shall be forwarded to the Planning Commission for review. The plans shall be approved by the Planning Commissiom if they find such plans to he in accordance with all applicable Ordinances and include necessary elements to mitiqate any detrimental ~/npact upon adjacent property and the surrounding area. If the ~lanning Co~iseion find~ that sai~ plans do not meet the above stated criteria, they shall deny approval of said plans. S~e. ~1-67.~0. DefinitloD$. Per the purposes of this Division, the following dafinitien~ ~halt apply: horizontal rails and parp~ndlculnr!y crossed laths no less than cna (1) inch wide, and no farther apart than two (2) Picket F~nce. A wooden fence of post~, at least two horizontal rails, and vertical pickets; the pickst~ of which shall be no more than four (4) inohe~ wide, and no farther apart than their own width. Vote: Unanimous 12.F. TO C0~SID~R AN ORDINANCE TO A~4~D TH= CODE OF THE COUNTY OF CH~ST~LV~ELDe 19~., AS AMENDED, BY ADDING A NEW C~APTER 21,1 AND 3/~ENDING CHAPTER 21KNOWI~ AS T~ ~ZQ~ING ORDINANCE" Mr. Peele stated thia date and ti~e had been advertised for a public hearing to amend th~ Zonin~ Ordinance r~lative to office co~ercial and industrial districts. ~e presented a su2nmariza- tion of th~ m~jor changss from tbs existing ordinance, which included n~w COmmercial, office and industrial districts; modernized development standards for emerging growth areas; flexible development standards for post development areas; required buffer standards between new non-residential Zoning Districts and residential land uses; increased development flexibility by permitting re=ail uses in some new office and industrial digtrict$ and residential townhoese/multifamily uses in some new commercial districts in re~ponse to changing market 89-299 conditions; adoption of construction, demolition and debris landfill standards; modification to the site plan review process to allow review by the Planning Commission in addition to continuing the current staff review process; and increased fees to recover costs of sits plan posting. Mr. Willis Blackwood, a member of the Chesterfield Developer's Council~ voiced support for adoption of the proposed ordinance but requested the Board adopt staff recommendations for the buffer matrix in lisu of the Commission's recommendation and also to increase the building heights permitted adjacent to residential neighborhoods to permit the developer more design flexibility in those areas. Mr. Nell Summerall; Mr. Steve Greyburg and Mr. Ron Sower, representing Scottingham Subdivision; Mr. Ja/ues Eall, President of Surreywood Civic Association; Mr. James Egqteston; Ms. Marie Strect, a resident of Q~eensmill, voiced support for and urged the Boar~to adopt the proposed o~dinanoe as recommended by the Planning~ Co~L~issien as they felt that residents' homes should be protected from commercial encroachment and depreciation of property values resulting from such development; and further suggested that the setback requirement for three (3) story commercial buildihgs adjacent to residential neighborhoods be increased to 200 feet if possible, otc. Mr. Phil Roms, representing Lamer Advertising, and Mr. Tom McBrian, representing 3M Advertising, expressed concern that adoption of the proposed ordinance as recommended by the Planning Commission would result in the billboard industry goinq out of business; requested that such signage be permitted by right in C-4, C-5, I-l, I-2 and I-3 Districts and requested that billboards adjacent to interstate highways be increased to 700 square feet in area. It was noted that Mr. Rome submitted a copy of his remarks to the Board and Mr. Sower submitted photographs of the impact of commercial encroachment in his neighborhood. Ms. Barbara Rowe requested clarification on the site plan review process modification. Mr. Peele explained the dual processes to allow staff or the Planning Commission to approve plans, posting of sites for Planning Commission approval and ths appeal process for adjacent property owners. Mr. Eonry Moore, :epresenting Holiday Signs, voiced support for the proposed ordinance with the exception of restrictions regarding sign lighting and height restrictions in post development areas. Mr. Daniel stated that when dealing with a comprehsnsive task of such magnitude as revising the Zoning Ordinance it was difficult to please everyone, however, he felt previous comments by those present indicated the document had addressed many needs. He stated the County is attempting to recognize the importance of quality development standards, referenced achievements accomplished by the Sign 0zdinanee, felt that setback requirements should be strengthened, and stated he would, at this time, be opposed to changing the Planning CommiSsiOn's recommendations for buffers as he felt there should be protection for residential neighborhoods from commercial sncroachment. Mr. Mayes expressed concerns regarding the effective date o~ the ordinance; its insensitivity toward the existing outdoor advertising businesses and stated he felt no consideration was being given to that industry's investments. Mr. Sullivan commended staff and the Devslopment Council for their efforts on the proposed ordinance; expressed concern regarding sufficient setback requirements relative to the protection of residential neighborhoods; stated he felt the billboard industry is a legitimate industry and provides a 89-300 nece~sary~ valuable ser¥ioe for the .small businessmen; he supported the recontmendafiion of Hr. Rome? addrsssed the use of portable signs for non-profit organization~; expressed concern r~garding %b~ timing of the effective date of the proposed ordinance; and referenced a let[er from Mr. Charles Mr. Currin questioned the spacing requirements ~cr the C-I Dis~ric%; and addressed COncerns relative tO ~he proposed changes ~e ~he si~e plan review process; the definition of emergin~ gfo~th ~ersus post development growth; ~ke impact of the proposed o.rdinance on the outdoor advertising industry and ~he areas idenhified by th~ Planning Co~]isslon; and stated h~ felt careful consideration ~hould be given to all e~p~c~/impacts of %h~ proposed ordinance prior to its implemsntatloa. Mr. Apptegate inquired as to the provision~ were made in proposed ordinanc~ for displaying s~ree~ add~e~ses~ stated major concern of h~s is the protection of existing r~sidentiat neighborhoods from commercial/industrial encroa0hm~nt; =hat setback requirements for buildings of more than two (2} stories in commercial and/or industrial development~ adjacent 'to if ¢omm~rcial/indu~trlal development is not contiguous to already developed residential property~ th~n a ~00 foot minimum would be adequate; expressed concerns that bill~uard/p0rtable ~ign is~ue~ needed further review; and accepted ~taff's recoa~en~ation to permit increased flexibility in parking lot landscaping pursuant to. a proposal from Mr. Charles Maofarland, There wa~ further di~eu~ion relative to signage, outdoor advertising, setback requirements; effective date of ordinance: On motion of Mr. Sullivan, ~onded by Mr. Daniel, the Board adopted the following ordinance: AN ORDINANCE TO A~END x~ COD~ OF Tltl~ CO[~iT~ ~F ~H~STEI~FIELD~ t9~8~ AS A[4~ND~D~ BY ADDING A NEW TITLE 11.1, ~4~ND%~G al AND PROVIDING FOR XU.~ INTEP. IM APPLICATION ~F ~HAPTBR 21 AMenDeD, ALL OF WSICH I~TE TO ~0NING BE IT ORDAINED by the Board of ~upervisors of Chesterfield County: (1) That the Cede of t~e Count~ of Chesterfield, ~978, as amended, i~ amended an~ reenacted as follows: A. Chapter ~1.1 is hereby adopted as folIows~ B. Property for which a rezoning application is filed with the County after April 12, 19S9, shall b~ governed by the provision of Chapter 21.1. (2) That Chap=~r 21.1 shall be ~ffective on Agril 12~ 1989. PAGE ARTICLE 1. IN GENERAL DIVISION 1.. PURPO~ AND INTRR~RETATION See..21..1-1 Purpose of. chapter ............................ 12 Sec. 21.1-2 Interpretation and Applic~tlon of Chapter ..... 12 Se=. 21,1~3...Noncon~crming Uses ..................... · ........ 13 DIVISION 2. CONFOR~4ITY AND ENFORCEMENT Sec. 21,1-4 Conformity with Chapter ReqUirmd .............. 15 89-301 Sec. 21.1-5 Bec. 21.1-6 Enforcement ................................... 15 Proceedings to Prevent Construction of Building in Violation of Chapter ....................... 16 ARTICI~ 2. AMENDMENTS TO CHA~TER/DiS~CTS DIVISION 1. P~ZONING, CONDITIONAL ZONING, CONDITIONAL USE AND CONDITIONAL USE PLANNED DEVELOPMENT See. 21.1-7 Sec. 21.1-8 Bec. 21.1-9 See. 21.1-10 Sec. 21.1-11 See. 21.1-12 DIVISION Procedure ..................................... 17 Conditional Zoning ............................ 17 Conditional Uses .............................. 18 Conditional Use Planned Developments .......... 19 Term; Revocation .............................. 21 ~xisting Conditional Use or Conditional Use Planned Development ........................... 21 2. VARIANCES, SPECIAL EXCEPTIONS, APPHAL$ Sec. 21.1-13 Board of Zoning Appeals ....................... 22 Sec. 21.1-14 Board of Zoning Appeals -- Powers and Duties..23 Sec. 21.1-15 Certiorari to Review Decision of Board of Zoning Appeals ................................ 25 DIVISION 3. APPLICATIONS, FEES, AND NOTIFICATIONS Sec. 21.1-16 Sec. 21.1-17 See. 21.1-18 Sec. 21.1-19 Sec. Applications .................................. 27 Fees for Hearings ............................. 27 Notification and Posting of Property -- Hearings ...................................... 28 Applications within Twelve ~onths ............. 29 ARTICLE 3. DISTRICTS DIVISION 1. GENERALLY 21.1-20 Districts Enumerated .......................... 30 21.1-21 Special Districts ............................. 31 21.I-22 Maps ...................................... ~...31 21.1-23 'Determination of Boundaries .... ~...i..i ....... 31 DIVISION 2. HISTORIC DISTRICTS A~D LANDMARKS 21.1-24 21.1-25 .21.1-26 21.1-27 21.1-28 21.1-29 21.1-30 21.1-31 21.1-32 Sec. Designation of Historic Districts ............. 33 Bec. Creation of Preservation Committee ............ 33 Sec. Procedure for Designating an Historic District, Landmarks and Landmark Sites .................. 33 Sec. Responsibilities of the Planning Commission and Preservation Co~mittee .................... 33 Sec. Action by the Eoard'of Supervisors ............ 34 Sec. Standards for Designation of Historic Districts ..................................... 34 Sec. Certificates of Appropriateness ............... 34 Sec. ~mergency Alterations or Demolitions by Public Officials ........................... 36 Sec. Appeal from Decision of the Board of Supervisors ................................... 37 Sec. 21.1-33 Penalties ..................................... 37 DIVISION 3. FLOODPLAIN DISTRICTS Sec. 21.1-34 Purpose ....................................... 38 Sec. 21.1-35 Duties--Generally of Director of ~nvironmen%al Engineering ................................... 38 Sec. 21.1-36 Floodplain Districts and Zones--Generally ..... 39 Sec. 21.1-37 District Regulations .......................... 48 Sec. 21.1-38 Applications for Variances .................... 45 Sec. 21.1-39 Factors to be Considered in Granting Building Permits and Variances ......................... 45 Sec. 21.1-40 Existing Structures in Floodplain Districts...46 89-302 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 21.1-43 21.1-44 21.1-45 21.1-46 21.1-47 21.1-48 21.1-43 21.1-50 21,1-51 21.1-52 21.1-53 21.1-55 21.1-26 21.1-57 21.1-~ 2~.i-59 21.1-60 21.1-61 21.1-62 21.1-63 91.1~64 21.1-65 21.1-66 21.1-67 21.1-68 21.1-69 ~1.1-70 21.1-71 21.1-72 ~1,1-7~ 21.1-7~ 21.1-75 21.1-76 21.1-77 21,1-75 21.1-79 21.1~0 21.1-81 21,1-~2 21.1-83 21.i-84 21.1-S5 21.1-86 21.1-~¥ 21,1-~ 21.1-~9 Additional Provisiona Relative to Flood ~amard Mitigation ............................. 47 County Liability .............................. 47 DIVISION 4. R-8~ R~IDENTIAL DISTRICT P~rDose and Intent of District ................ 49 Permit=ed Uccc--By right ...................... 49 Uses Permitted with C~rtain Restrictions ...... 49 Accessory Uses ................................ 49 Conditional Usem .............................. 50 Special Exceptions ............................ 50 Required Conditions ........................... 5~ DIVI~ION ~, R-40 R~SID~MTIAL DISTRICT Purpose and Intent of District ................ 53 Permitted Uses--By right ...................... 53 Uges ~er~itted with Certain Restrictions ...... 53 Accessory Uses ................................ 53 Conditional Uses .............................. 53 Special Exceptions ............................ 53 Required CoDditions ....... . ................... 53 D~vIsION' &. R-25 RESIDENTIAL DISTRICT Purpome and Intent of District ................ 55 Permitted Uses--By right ...................... 55 Uses Permitted with Celt&in Restrictionm ...... 5S Accessory Uses ........... ...,. ................ 55 Conditional Us~$ .............................. 5~ Specia~ Exceptions ............................ 55 Required Conditions ........................... $~ DIVISION 7. R-15 P~SIDE~TIAL ~ISTRICT Purpose and Intent of Dis%riot ................ 57 ~ermltted U~a~--By right ...................... 57 Uses ~ermitted with Certain Restrictions ...... 57 Conditional Use~ .............................. ~7 sDeeial E~ceptions ............................ 57 Required Condition~ ........................... 57 DIVISION ~, R-i~ RESIDENTIAL DISTRICT Purpose and Intent of District ................ 59 Permitted Uses--By right ...................... 53 Uses Permit%ed with Certain Reatrictions ...... 59 Accessory Uses ................................ ~9 Conditional Uses .................... % ......... 59 special Excepticnm ............................ 59 Required Conditions ........................... 59 D~VISION 9. R-9 RESIDENTIAL DISTRICT ~urpose and Intent of District ................ 61 Permitted Uses--By right ...................... 61 Uses Permitted with Certain Restrictions ...... 61 Accessory Uses ................................ 6~ Conditional Uses .............................. 61 . Special ~xceptions ............................ 6~ Required Conditions ............ ,,~ ............ 61 DIVISION 10. R-7 RESIDENTIAL DISTRICT Purpose and Intent of District ................ 63 Permitted U&~--Ry right ...................... 63 Uses Permitted with Certain Restriotion~ ...... 63 Accessory Uses ................................ 63 Conditional Uses .............................. 63 21.1-90 21.1-91 21,1-92 Special Exceptions ............................ 63 Required, Conditions ........................... 63 Mannfaetured or Mobile Homes Prohibited Mxc~pt Under Certain Conditions ............... 64 DIVISION 11. R-TH RESIDENTIAL TOWNEOUSE DISTRICT Sec. 21.1-93 Sec. 21.1-94 Sec. 21.1-95 Sec. 21~1-96 Sec. 21.1-97 Sec. 21.1-98 Sec. 21.1-99 Sec. 21.1-100 DIVISION Purpose and Intent of District ................ 65 Permitted Uses--By right ...................... 65 Usem~Permitted~with Certain Restrictions ...... 65 Accessory-Uses ................................ 65 Conditional Uses .............................. 65 Special ~xcep~icns ............................ 66 Required Conditionm ........................... 66 Exemptions .................................... 68 12. R-MF MUSTI-EAMILY RESIDENTIAL DISTRICT S~c. Sec, 21.1-108 DIVISION 13, 21.1-101 Purpose and Intent of District ................ 71 21.1-102 Permitted Uses--By right ...................... 71 21.1-103 Uses. Permitted with Certain Restrictions ...... 71 21.1-104 Accessory Uses ................................ 71 21,1-105 Conditional Uses .............................. 71 21.1-106 Special Exceptions ............................ 72 21.1-107 Required Conditions ........................... 72 ~x~mptions .................................... 73 MM-1 MANUEACTURED OR MOBILE ROME PARE DISTRICT Sec. 21.1-109 Sec. 21.1-110 Sec. 21.1-111 Sec. 21.1-112 Sec, 21.1-113 Sec. 21.1-114 Purpose and Intent of District ................ 74 Permitted Us~m--By right ...................... 74 Uses Permitted with Certain Restrictions ...... 74 Accessory Uses ................................ 74 Conditional Uses .............................. 74 Special Exceptions ............................ 74 21.1-115 Required Conditions ......... ~ ................. 74 DIVISION 14. MB-2 MANUFACTURED OR MOBILE ROME Sec. 21.1-116 Sec, 21.1-117 Sec. 21.1-118 Sec. 21.1-119 Sec. 21.1-120 Sec. 21.1-121 Sec. 21.1-122 SUBDIVISION DISTRICT Purpose and Intent of District ................ 77 Permitted Umes--Hy right ...................... 77 Uses Permitted with Certain Restrictions ...... 77 Accessory Uses ................................ 77 Conditional Uses .............................. 77 Special Exceptions ............................ 77 Required Conditions..~ ............. · ........... 77 DIVISION 15. A AGRICULTURkL DISTRICT Sec. 21.1-123 Sec. 21.1-124 Sec. 21.1-125 Sec. 21.1-126 Sec. 21.1-127 Sec. 21.1-128 SeC. 21.1-129 Purpose and Intent of District ................ 79 Permitted Uses--By right ...................... 79 Uses Permitted with Certain Restrictions ...... 79 Accessory Uses ................................ 79 Conditional Uses .............................. 79 Special Exceptions ............................ 85 Required Conditions ........................... 85 DIVISION 16. O-1 NEIGHBORHOOD OFFIC~ DISTRICT Sec. 21.1-130 Purpose and Intent of District ................ 87 Sec. 21.1-131 Permitted Uses--By right ...................... 87 Sec. 21.1-1~2 U~e$ Permitted with Certain. Restrictions ...... 88 Sec. 21.1-133 Ace~smory Uses ................................ 89 Sec. 21.1-134 Conditional Uses .............................. 89 sec. 21.1-135 Special Exceptions ............................ 89 Sec.-21.1-136 Required Conditions ........................... 89 89-304 DIVISION 17. 0-2 CORPORATE OFFICE DISTRICT sec. 21.1-137 Purpose and Intent cf District ....... Sec. 21.1-138 P~rmi%ted USes--By right ...................... 91 Sec. 21.1-139 Uses Permitted with Certain Restrictions Sec. 21.1-140 kcceg~ory Uses ................................ 93 Sec. 21.1-I41 Conditional Uses .............................. 93 Sec. 21.1-142 Special Exceptions ............................ 93 Sec. 21.1-143 Required Conditions ........................... 93 DIVISION 18. C-1 CONVENIENCE BUSINESS DISTRICT Sec. 21.1-144 Purpose and Intent cf District..., ............ ~5 Sec. 21.1-145 Permlttod Uses--By right ...................... 95 Sec. 21.1-146 USes Pe~mltted with C~rtain R~$triotiun~ ...... 9~ Sec. ~1.1-147 Accessory USes ................................ 97 Sec. 2t.1-148 Conditional Us~s .............................. 97 Sec. 21.1-149 Special Exceptions ............................ 97 Sec. 2t.1-I50 Required Conditions ........................... 97 DIVISION 19. C-2 ~IGHBO/%HOOD BUSINESS DISTRICT Sec. 21.1-151 ~urpose and Intent of District ................ 99 Sec. 21.1-152 Permitted Uses--By right ...................... 99 Soc. 21.1-153 Us®s ~ermitted with Certain Re~tri~tions ..... 101 ~ec. 21.1-154 Accessory Uses ........................... ~..I~2 Sec. 21.1-155 Conditional Use~ ............................. 102 Sec. 21.1~156 Special Exceptions ........................... 102 Sec. 21.1-I57 Required CoDdltlons .......................... 102 DIVI$IO~ 20. C-3 COMMUNITY BUZINBSS DISTRICT S~c. ~1.1-t58 Purpose and intent Of District ............... 104 Sec, 21.1-159 Permitted Use~--By right ..................... Sec. 21.1-I60 Uses Permitted with Certain Restrictions ..... I05 Sec. 21.1-161 Accessory Uses ............................... t07 Sec. 21,1-I~ Conditional ~ses ............................. 107 Sec. 21.1-163 Special Exceptions ........................... S~c_ ~1,1-16~ R~qulred Cond~tlons .......................... 167 DIVISION 21. C-4 P~GIONAL BUSINESS DISTRICT Sec. 21.1-165 Purpose an~ Tn%ent of District ............... 10~ Sec. 21,1-166 P~rmltte~ Uses--By right ..................... 10S Sec. 21.1-167 Uses Permitted with Certain Restrictions ..... !O~ Sec. 21,1-168 Accessory Uses ........... · .................... 109 Sec. 21.1-169 Conditional Uses ............................. 109 Sec. 21.1-170 Special Exceptions ........................... 109 See. 2t.1-171 Required Conditions .......................... 109 DIVISION 22. C-5 G~N~RAL DUSI~=SS DISTRICT Sec. 21.1-I72 Sec. 21,1-173 S~c. 2t~1-174 Sec. 21.1-175 Sec. 21.1-t76 Sec. 21,1-177 Sec. 21.1-t78 Sec. 21.1-179 Sec. 21.1-180 Sec. 21.1-181 Sec. 21.1-182 Sec, 21.1-I53 Sec. 21,1-184 Sec. 21.1-1B5 gurpose and Intent of District ............... Permitted U~eS--By right ..................... USes ~rmi~ted with Certain Restrictions ..... I~1 Accessory Uses ............................... Conditional Us~s ............................. 111 Special Exceptions ........................... 112 R~qui~d Conditions .......................... I12 DIVISION 2~. I-1 LIGHT IEDUSTRIAL Purpose and IDtent of District ............... il3 Permitted Uses--By right ..................... 113 Us~s Permitted with Certain Res=fictions ..... 115 Conditional Uses ............................. 116 Special Exceptions ........................... I5~ Required Conditions .......................... 117 89-305 Sec Sec Sec Sec Sec Sec Sec Sec Sec DIVISION 24, I-2 GENRRAL INDUSTRIAL DISTRICT 21.1-186 Purpose and Intent of District ............... 118 21.1-187 Permitted Uses--By right ..................... 118 21.1-188 Uses Permitted with Certain Restrictions ..... 119 21.1-189 Accessory Uses ............................... 119 21.1-190 Conditional Uses ............................. 119 21.1-191 Special Exceptions ........................... 120 21.1-192 Required Conditions .......................... 120 DIVISION 25. I-3 HEAVY INDUSTRIAL DISTRICT 21,1-193 Purpose and Intent of District ............... 121 21.1-194 Permitted Uees--By right ..................... 121 21.1-195 Uses Permitted with Certain Restrictione ..... 122 21.1-196 Acceeeory Uees ............................... 124 21,1-197 Conditional U~e~ ............................. 124 21.1~198 Special Exceptions ........................... 125 21.1-199 Required Conditions .......................... 125 ARTICLE 4. DEVELOPMENT STANDARDS--COUNTYWIDE DIVISION 1. GENERALLY--COUNTYWIDE Sec. 21.1-200 Continued Conformity with Bulk Regulations...126 Sec. 21,1-201 Minimum Requirements Not to be Encroached Upon ......................................... 126 Sec. 21,1-202 Variations in,Requirements when Adjacent to Vacant Land Zoned Agricultural ............ 126 Sec. 21.1-203 Division of,Zoning Lots ...................... 126 Sec. 21.1-204 Location of Required Open Space .............. 126 Sec. 21.1-205 Uses Without Buildings ....................... 127 Sec, 21.1-206 Dumpsters, Garbage Cane and Traeh Compactor Areas .............................. 127 Sec. 21.1-207 Front Yards for Cemeteries and Graveyards .... 127 Sec. 21.1-208 Measurement of Yards ......................... 127 Sec. 21.1-209 Through Lots ................................. 128 Sec. 21.1-210 Major Arterials--Yards ....................... 128 Sec. 21.1-211 Yards--Setback Exemptions ........ ~ ........... 12~ Sec. 21.1-212 Height Exemptions and Limitation~ ............ 128 DIVISION 2. PARKING See. 21.1-213 Generally .................................... 130 Sec. 21.1-214 Restrictions and Limitations--Residential, Townhouee Residential and Multi-family Residential .................................. 130 Sec. 21.1-215 Compliance with Regulations Necessary Before Permit Issued ................................ 130 Sec. 21.1-216 Interpretation of Specific Requirements ...... 130 Sec. 21.1-217 Parking Spaces Required ...................... 131 Sec. 21.1-218 "Handicapped" Parking Space Requirements ..... 135 Sec, 21.1-219 Design Standard~ for Off-Street Perking ...... 135 Sec. 21.1-220 Control of Off-Site Parking Facilities ....... 137 Sec. 21.1-221 Off-Street Loading Requirements .............. 137 DIVISION 3. LANDSCAPING Sec. 21.1-222 Purpose and Intent--Landscaping .............. 139 Sec. 21.1-223 Landscaping Plan and Planting Requlrements...139 Sec. 21.1-224 Plant Materials Specificatinne ............... 139 See, 21.1-225 Landscaping Standards for Surface Parking Areae ........................................ 143 DIVISION 4, BUfFeRS AND SCREENING Sec. 21.1-226 Purpose and Intent ........................... 144 Sec. 21.1-227 General Provisions for Buffers and Screening .................................... 144 Sec. 21.1-228 Buffer and Screening Requirements ............ 145 Sec, 21,1-229 Suffe= Width Matrix .......................... 146 89-306 Sec. Sec. Sec. Sen. 21.1-230 21,1-231 21.1-232 21.1-233 21.1-235 21.1-236 21.1-237 21.1-237.1 A~TLCL~ 6. DIVISIO~ 1. GENERALLY. DEVELOPMENT R~QuI~E~ENTS - COUNTYWIDE Street Frontage Required--Reeidential and Agricultural ................................. 148 One Rain Building an Each Residential or Agricultural Lot ............................. 148 Residential, Townhouse Residential and Multi-~amily, Resid~ntial Laud ~ot to be Used 9or Commercial Access ........................ 149 R~idential ~n~ Agricultural Lets Which Do Net Satisfy Minimum Area or Width ................ 149 ~nce$ in ~e$i~eu~ial, ~ulti-Eamily Residential and Townhouse Residential uistzicts .......... 148 Townhouse Residential Districts .............. 149 Required Yar~s for Accessory Buildings Heights--Agricultural, Residential, Townhou~e Reuid=ntial and Multi-Family Reeidentlal ..... 150 ~eights--Agricultura~, Residential, Townhouse Residential and Multi-~amily Residential in Village District~ ........ 150 D~V~AOPM~NTR~QUIRKR~I~T$--OFFIC~, CO]~ER~IAL Sec. REQUIREMENTS - COUNTYWIDE 21.1-238 Utility Lin~$ U~de~ground .................... 152 21.1-239 Loading ~reas ................................ 1~2 21.1-241 Outside Storage Ar~a~ ........................ 1~2 Sec. 21.1-244 21.1-245 21.1-246 21.1-247 21.1-248 21.1-249 21.1-250 GROWTM AREAS Sec. 2t.1-25~.1 Sec. 21.~-255.2 Purpose and Intent for Standards in Emerging Growth krea$ ..................... 154 Areas of Applicability and Exemptions ........ 154 Yard Requirements for Office, Commercial and Industrial Dis~rict~ ..................... 15~ Permitted Variations in Yard Requlremente .... 155 Architectural Treatment ...................... ~ Peripheral, Surface and Deck Parking Area Landscaping ................................... 156 Use Limi=a=iene ............. ~ ................ 156 .. DIVI$IO~ · 3. DEVELOPMENT REQUiREMENTS--POST D~ELOPMENT AREAS 21.1-251 Purpose and Intent for Standard~ ~n ~est Developmsn~ Areas ............................ 157 21.1~252 Ar~as of Applicability and Exemptlens ........ 157 21.1-253 Yard Requirements for Office, Commercial and Industrial Dis~riCt$ ..................... 158 ~I.1-254 Permitted Varlation~ in Yard Requirements .... 159 21.1-255 Architectural Treatment ...................... 1~9 DIVISION 4. DEVELOPMENT REQUIR~M=~T$ -- VILLAGE DISTRICT Purpose and Intent of District .......... 160 Areas of Applicability and Exemptions...16O 89-307 Sec 21.1-255.3 sec 21.1-255.4 Sec 21.1-255.5 Sec 21.1-255.6 Sec 21.1-255.7 Sec 21.1-255.8 Sec. 21.1-255.9 Implementation of Plans and Guidelinee..161 Exceptional Development Standards ....... 161 E×ceptional Development Requirements .... 161 Setback Requirements .................... Architectural Treatment ................. 165 Peripheral Surface and Deck Parking Area Landscaping...~ ......................... 165 U~e Limitations ......................... 165 ARTIChE 7. ACCESS AND IN~ERNAL CI~COk~TION OFFICE, CO~ERC/~LAND INDUSTP~IAL Sec. 21.1-256 Purpose and Intent ...................... 166 Sec. 21.1-257 Access to Arterials and Collector Roads.166 Sec. 21.1-258 Crossovers .............................. 166 Sec. 21.1-259 Internal Circulation .................... 167 Sec. 21.1-260 Access Plan..' ........................... 167 Sec. 21.1-261 Traffic Impact Analysis ................. 167 Sec. 21.1-262 Required Improvements--Generally ........ 167 Sec. 21.1-263 Pedestrian Access ............................ 168 Sec. 21.1-264 Appeals o~ Decision of Director of Transportation ............................... 168 Sec. 21.1-269 Sec. 21.1-270 Sec. 21.1-270.1 ARTICLE 8. SIGNS DIVISION 1. COUNTYWIDE--GENERALLY 21.1-265 Purpose and Intent ........................... 169 21.1-266 Generally .................................... 169 21.1-267 Sign~ Countywide for R, R-TH, R-Mp and A Districts .................................. 172 21.1-267.1 Signs--village Districts for R, R-TH, R-MF A, MH-I, and MR-2 Districts .................. ~74 21.1-268 Signs--Countywide for Office, Commercial and Industrial Districts ..................... 174 Signs in Emerging Growth Areas for Office, Commercial and Industrial Districts .......... 175 Signs in Post Development Areas for Office, Commercial and Industrial Districts .......... 176 Signs--Village Districts for O, C and I Districts ............................... 178 ARTT~?.~ 9. SCHE~ATTC ANDSITE ~LANS DIVISION 1. SCHEMATIC PLANS. See. 2~.1-271 Schematic Plans .............................. 180 D~V~O~ 2. SIT~ P~,%NS Sec. 21.1-272 Use Requiring Site Plan Approval ............. 181 Sec.~ 21.1-273 Preparation and Submission of Site Plans ..... 181 S~c. 21.1-274 site Plan Processing ......................... 183 Sec. 21.1-275 Administrative Review ................... 184 Sec. 21.1-276 Planning Commission Review .............. 185 Sec. 21.1-277 Period of Site Plan Validity ............ 186 Sec. 21.1-278 Minor Or Major Adjustment in Approved Site Plan ............................... 186 Sec. 21.1-279 Construction To Be In Accordance with Site Plan; Prerequisite to Issuance of ,Permit ............................... 186 Sec. 21.1-280 Fee~ .................................... 187 A~TICLE 10. D~FINITIONS Sec. 21.1-281 Definitions .................................. 188 89-308 AllTI~LI~ 1. IN GE~I~RAL. DIVISION 1. PURPOSE AND INTERPRETATION. sec. 21.t-1. Purpose of Chapter. This Chapter is enacted for thc general purpose of premoting ths health, safety or general welfare of the public and of further accomplishing the objectiv%~ of SectiOn 15.1-427 cf the Code of Virginia, To these ends, this chapter is de$igned~ (1) to provide for ad%quate light, air, convenience cf access, and safety from fire, flood and other dangers; (2) to redece or prevent congestion in the public streets; facilitate the creation of a convenient, attractive and harmonioue community; (4) to facilitate the provision of adequate puilce and fire protection, disaster evacuation, civil defense~ transpo~%ation~ water, waste water, flood protectlon~ schools, parka, forests, play,rounds, recreational facilitiee~ airports and other public requirements; (5) to protect against destruotion of or eno~eaeh~ent u~e~ historic areas; (6} to protect against one or mars of the following~ overcrowding of land, undue density of population in relation to the community facilities existing or ~vailable, obntr~etion of ligh~ and air, danger and congestion in travel and ~anspor%ation~ or loss of llfe, health, or property ffCm fire, flood, panic er ocher dangers; (7) to encourage economic development activities that pr~vid~ desirable smployDent ~nd enlarge the ~ax base; provide Ior the preeervation of agricultural and fore,tel land~ and {~) to protect Surface Water and groundwater. Sec. 2~.~-1. Interpretation and Application of Chapter. I~ she1! be the responsibility of the Director of Planning to interpret the Zoning Ordinance a~ p~ovided herein. (a) In the interpretation end application, th~ provi~ion$ of this Chapter shall be held to b~ the minimum requirements (b) ~ere the conditions imposed by any provision of Chapter upon the use of land or buildings or upon th~ bulk buildings are either more res=ric=~ve or le~ r~stri~tive than comparable conditions ~posed by any other provision of this Chapter or of any kin~, ~ regulations which are more r~strictiv~ or which impose higher standards or shall govern. (c) This Chapter ~s not intended to abrogate any easement~ covenant or any other pzlv~t~ ~greemen%; provided, that where the regulatlcns of thi~ Chapter are mere restrictive Chapter shall govern. (d) ~o buil4ing~ structure or use whi=h wa~ no: lawfully ~xiating on April 12~ 1989, ~hall beeom~ or be made l~wful solely by reason of the adoption Qf %hls Chapter; and to the extent that, and in any manner ~at such unlawful building, structure or u~ is ~n eonfllct with %he requirements o~ this Chapter, s~ch b~ilding, structure or use remains unlawful hereunder. {e) Where re~uir~nts are deemed va~e or unclear relative do a partionlar ~ituation, the Director oi Planning, or him agent, shall be responsible for interpreting the proViuionu of thu Chapter. Sec. 21.1-3. Nonconforminq Uz~. (a) Any lawful u~, building or ~trnceUre ~xistlng on April 12, 1989, or existing at the time of any amendment 89-309 this Chapter, may be continued even though such use, building or structure may not conform with the provisions of this Chapter for the district in which it is located. Such use, building or structure shall be deemed a "nonconforming use." A change in occupancy or ownership shall not affect such right to continue such use, building or structure. Nothing herein contained shall be construed to affect any building permit lawfully granted before April 12, 1989, nor any authorization of a Conditional Use or Special Exception lawfully granted before April 12, 1989. (b) No nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered, except when required by law or lawful order, unless the use thereof is changed ~o a nsc permitted in the district in which located, except as follows: (1) Such use may be extended throughout any part of the building which was manifestly arranged or designed for such use on April 12, 1989; provided, that no structural alterations, except those required by law are made therein, and no expansion of the structure occurs. (2) Any building that is conforming as to use, but is nonconforming as to the floor area, lot, yard, road frontage, distance, parking, loading spaces, fences, signs, height requirements or other provisions of this Chapter may be enlarged or structurally altered, as long as such alteration or enlargement complies with this Chapter. (3) A nonconforming use of a building or property may be changed to another use of equal or less intensity than the nonconforminq use. Where such use has been changed, it shall not thereafter be changed to a more (4) Any nonconforming building or structure which is hereafter damaged by fire, flood, explosion, earthquake, where the estimated reconstruction cost, exclusive foundations, exceeds fifty (50) percent of the appraised office, may not be restored, reconstructed or used for any purpose other than one permitted in the district in which located. However, if such damage ~s not more than fifty (50) percent, as provided herein, such building or struc- ture may be restored, reconstructed and used as befor~ provided that: it be done within two years after the damage occurs; and the height, yard, and other provisions of this Chapter are complied with, as nearly as possible. Any building that is conforming as to use, but is distance, height requirements or other provisions of this Chapter may be restored, reconstructed and used as before even though damaged to an extent exceeding fifty (50) percent, as provided herein, provided that: it be done within two (2) years; and the floor area, lot, yard, road frontage, distance, height requirements and provisions of this Chapter shall be complied with as nearly as possible. {5) No building, etructure or premises where a non- conforming use has ceased for more than two (2) years shall again be put to a n~nconfcrming use. DIVISION 2. CONFORMITY AND ENFORCEMENT. Sec. 21.1-4. Conformity with Chapter Required. Except as hereinafter provided for existing uses, no land, building, structure or premises shall hereafter be used, and no 89-310 building ex part thereof, or other ~tr~cture, shall be except in conformity with the regulation~ h~re~n specified for the district in which it is located. zec. 21.1-5. Enforcement. {a) Duties of Director of Planning. This Chapt~ shall be enforced by the Director of Planning ~nd such agents a~ may be appointed by him ~ho shall have the full cooperation of all oth~r County 0ffi¢ial~ in %he enforcement of this Chapter. The Buildin~ Official, ~pon receipt of an application for a permit to construct, al~er or uso any ~uildin~ or premises, shall before ~rantiug such per.it ~ubmit the same to tko Director who shall certify ~hat the proposed construction, alteration or use of the building or premises i~ or i~ not in viola{ion of p:~vlsiens o~ this Chapter. I~ such proposed u~e iS ~n con- flier with thi~ Chapter, the Building Official shall refuse issue such a permit. Penalties ~or violation: ~ight of Entr~. {11 Any person who violates any of the provision~ of this Chapter shall be deems~ guilty of a misdemeanor and upon convieti6n thereof, shall be fined not 1~ than tea (lO) dollars and not 1,000 doller~. Each day ~nch ~iolaticn shall continue shall be a separate offense, end upon conviction thereof~ shall be fined not le~e ehaa ten (10) dollars an~ net more %ham 1,0OO dollars for each separate day on which violation (2) In addition to %he requirements and penalties zpe¢ifled above, the Diremtor of Planning ~ay~ a~d it shall he his duty to, invoke any other lawful procedure available to the County, such as injunction, abat~ent Or otherwise, as may necessary to prevent, restrain, correct or abate any ~iola~ioa of this Chapter. (3) ~he Director of Planning or h~ agents may thereon only after first obtaining a valid search a. The entry or search is made pursuant to a knowing and intelligent consent by property owner: b. A violation of thf~ Chapter is in plain view~ or c. A violation of this Chapter occurs in the presence of the Director or hi~ see. 2t.1-6, Proceedings %0 Prevent Construction of Buildinq in Violation of Cha~ter. Where a building p~rmit has been issued and the construc- tion of the building for which such p~rmit wa~ issued is Subsequently sough% to be prevented, restrained, corrected or abated aa a violation of this Chapter, by suit filed within fifteen {15) days after the start of construction by a person who had mo actual notice of the issuance of th~ permit, the court may h~ar and determine the issues raised in the litiga- tion even though no appeal was taken from the d~cision Of the Director of Planning to the Board of Zoning Appeals. ARTICLE ~. AMENI~ENTS TO C~A~T~R/DISTRTCTS. DIVISION 1. REZONIN~ CONDITIONAL ZONING, CONDITiONAL USE AND CONDITIONAL USE PLANNED DEVELOPMENT 89-~11 Sec. 21.1-7. Procedure. The Board of Supervisors, from time to time, may, by Ordinance, amend, supplement, change or repeal any of the provisions of this Chapter, district boundaries or classifi- oation~ of property, as shown on the zoning maps, subject to the provisions of Article 2. NO such amendment or reenactment shall be considered unless the Board of Supervisors has referr- ed the proposed amendment or reenactment to the Planning Commission for its recommendation. Failure of the Commission to report its recommendations in ninety (90) days shall be deemed approval by the Commission. Sec 21.1-8. Conditional Zoning. (a) Purpose. It is the policy of the County in accordance with the provisions of this Chapter to provide for the orderly development of land, for all purposes, through zoning and other land development regulation. Frequently, where competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate. In these cases, more flexibl~ 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 more flexible and adaptable zoning method to cope with situations found in such zones through conditional zoning, whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community that are not generally applicable to land similarly zoned. The provisions of this Section shall not be used for the purpose of discrimination in housing. (b) Conditions as Part of gezonin~ or Amendment to Zoning ~ Any applicant may profYer in writing any reasonable conditions, prior to a public hearing before the Board of Supervisors, in addition to the regulations provided for within the zoning district by this Chapter, as a part of rezoninq or amendment to the zoning map provided that; the rezoning itself must give rise for the need for the conditions; such condi~ tions shall have a reasonable relation to the rezoning; such conditions shall not include a cash contribution to the County; such conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire stations or other public facilities not otherwise provided for in Section 18.1-31; such conditions shall not include payment for or construction of off-site improvements except those provided for in Section 18.1-27; no condition shall be proffered that is not related to the physical development or physical operation of the property; and all such conditions shall be in conformity with the General Plan. (c) Enforcemen~ and Guarantees. The Director of Planning shall be vested with all necessary authority on behalf of the Board of Supervisors to administer and enforce conditions attached to a rezoning or amendment to the zoning map including: the ordering in writing of the remedy of any noncompliance with such conditions; the bringing of legal action to insure compliance with such conditions, including injunction, abatement or other appropriate action or proceeding; and 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 conditions, or a contract for the construction of such improvements and the contractors guarantee, in like amount and so condition, which guarantee shall be reduced or released by the County, upon the submission of satisfactory evidence that construction of such improvements has bean completed in whole or in part. Failure to meet all conditions shall constitute' cause to deny the i$suance of any of the required use, occupancy or building permits. 89-312 (d) Zonin~ ~ap to Show Conditions: Conditional Zo~nq Index. The zoning map shall show by an appropriate symbol, the existence of conditions attached to the zoning On the map. Director of ~lanning shall keep ia his office and make available for public inspection a conditional zoning index. The index shall pr0vi~e ready access to the Ordinance creating conditions, in addition tn the regulations provided for in a particular zoning 41strict. {e) Amendments and variations of Conditions. There shall he no a~endment or variation of condition~ created p~rS~ant to the provisions of this Section until after such amendment or variation is approved by the Beard of Supervisors in accordance Sec. 21.1~9. Conditional Usaa. (a) Purpose. The development and execution of this Chapter is based upon the division of the Connty in~o ~is=ric%s within which dietritt~ the use of land and buildings, and the bulk and location of buildings and structure~ in relation the lan~, are subs~ancially uniform. It ie recognized, howev- er, that there are certain uses which, bacaus~ of their unique characteristics, cannot be properly classified in any parhicular district or districts, without consideration, in each case, of the impact of those uses upon n~ighboring land and of the public n~ed for the p~rtlcular use of the particular location. Such Conditional U~es fall into two (1} Uses publicly operated or traditionally a~fected with a public interest. (2) ~ses entirely ~rivate in character, but of ~uoh an unusual nature hhat their operation ~ay give rise to unique problems or d~mand special treatment to create a satisfactory enviro~ent with respect to their impact upon neighboring property or public facilities. (b) Standard~. The following etandarda shall be used a~ guidelines in acting upon Conditional ~s~ applications: (1) That the establishment, maintenance or operation of the Conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or (2) That the Conditional Use will not be injurious to the use and enjoyment of other property in the i~ediate vicinity for ~6 purpo~ already pe~it~ed~ nor substantially diminish and Impair property values within the neighborhood; (3) That the establishment of the Conditional U~ will not impede the normal and orderly ~eve!o~en= and in the district; (~) That the e~teriox architectural appeml and functional plan of any proposed structure will not be ~t V~ri~uc~ wi~h either thm ~xteriur architectural appeal and functional plan of the structures already constructed neighbo~hoo~ or ~he character of the applicable values within the neighborhood; {5) That ad~gua~e utili~iss, access road~, dralnag9 or necessary facilities have been or are being provided; (6) That adequate measur=s have bean or will be minimize traffic congestion in th~ public s%rp~t~; and 89-313 (71 That the Conditional Use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regula~ tlons may, in each instance, be modified by the Board of Supervisors. (c) Conditions and Guarantees. Prior to the granting of any Conditional Use, the Planning Commission may recommend, and the Eoard of Supervisors shall stipulate, such conditions and restrictions upon the establishment, location and construction of the Conditional Use necessary for the protection of the public interest and to secure compliance with the standards and requirements speeified in (b) above. In all cases in which Conditional Uses are granted, the Board of Supervisors shall require such evidence and guaranbees as it may deem necessary as proof that the conditions stipulated in connection therewith are beinq and will be complied with. Sec. 21.1-10. Conditional Use Planned Developments. (a) ~ Planned developments are of such substantially different character from other Conditional Uses that specific and additional standards and exceptions are hereby established to govern the recommendations of the Planning commission and the action of the Board of Supervisors. (b) Use Exceptions. In the case of planned developments, the Planning Commission may recommend, and the Board of Supervisors may authorize, that there be in part of the area of such development and for the duration of such development, specific uses, not to exceed thirty (30) percent of the qross acreage of the total project, not permitted by the use regula- tions of the district in which such development is located; provided, that the Board of Supervisors shall find: (1) That the uses permitted by such exeeption are necessary or desirable and are appropriate with respect to the primary purpose of the development; and (2) That the uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood; and (3) That the ground area or gross floor area of such development which is devoted to the uses permitted by such exception is reasonably needed to appropriately finish the development. (c) Bulk Exceptions. In the case of any planned development where use exceptions are authorized, the Planning Commission may recommend, and the Board of Supervisors may authorize, ~xceptions to the applicable bulk r~gulations of this Chapter; provided that the Board of Supervisors shall find; (1) That such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development, as well as neiqhboring property, than would be obtained under the bulk regulations of this Chapter for buildings developed on separate zoning lots; (2) That the minimum ici requirements of this Chapte~ may be decreased without limitation; provided, that permanent open space or land, in an amount equivalent to that by which each residential lot or building site has been diminished under this provision, shall be provided in common recreational areas within th~ development. 89-314 (d) Plan Compliance. The General ~lan as determined by the Board of Supervisors shall be a g~neral guideline for the uses and characteristics of the planned development. (e) Procedural Requirements. The following procedure shall be adhered to by the applicant for any planned develop- (1) Master Plan. In additlun to the requirements of Article 2, D~ision 3, a ma~ter plan shall indicate at en appropriate stale, but net less than one (1) inch to 660 feet, the general location of streets (public or private) and land uses by type, function and intensity. This master plan shall also include, as deemed necessary by the Director of Planning, in ~ map or textual form, the applicant's preliminary plans for sanitary and utilities and facilities. The ma~ter plan shall be r~viewed b~ the Planning Comanission for ~ecommendations and submitted to the Board of Supervisors far final action. Amendments to the master plan may be made by the Board of Supervisors only after a public hearing thereon. Approval of the master.plan shall constitute approval of the planned development. (2) Land Added or Re~oved After Ma~r Plan Approval. If land area i~ to be added to or removed from a planned development after a ma~ter plan has bee~ approved, the area to be added or removed shall be consid- ered under a eeparat~ Co~ditlonal Us@ Planned Development application, ~f an area is approved to be added to or removed from a planned development, the ~ster plan for the original development shall thereafter include the area added thereto or removed therefrom. (3~ open spaces, The Board of Supervisors or th~ Planning Commission may ~equlre any reasonable method te gaerante= that open spaces provided as an integral part of the planned development shall always remain available te those people for whom they were designed to m~fve ~nd that such open space~ shall be reasonably maintained. See. 21.1-11, Term; Revocation. Any Conditional Use o~ Conditional Use Planned Dev~Iopment may be authorized and issued for ~ither a limited or an indefinite period cf time and shall be revocable by the Board of Supervisors ut any time for failure to adhere to the applicable conditions. SeC. 21.1-12_ ~Mi~tin~ Conditional U~e or Conditional Use Planned D~velopment. this Chapter, and existed as a conditional or permitted use on April 12, 1959, ic shall be considered tc ~e a legal Condi- tional Use. (b) Where a us= is not allowed as a conditional Or p~rmitte~ u~o under this chapter, and existed as a Conditional Use on April 12, 1989, it shall be considered to be a non- conforming use and shall be subject to the applicable noncon- forming usu provisions. DIVISION 2. VARIANCES, SPECIAL EXCEPTIONS, APPEALS. sec. 21.I-t3. Board of Zonin~ Appeals. (a) Creation. There shall be crsate~ a ~oard of Zoning Appeals, w~ shall consist of five remidents of the County appointed by the Circuit Court of the County. Their termm of 89-315 office shall be for five (5) years. The Secretary of the Board of Zoning Appeals shall notify the court at least thirty (30) days in advance of the expiration of any term of o£fice, and shall also notify the court promptly if any vacancy Occurs. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members may be reappointed to succeed themselves. Me~bers of the board shall hold no other public office in the County except that one may be a member of the Planning Commiseion. A member whose term expires shall continue to serve nntil his successor is appointed and qualifies. (b) Organization: Employees; Removal of Members; Co~ensation. The Board of Zoning Appeals shall elect one (1) of its members as chairman to serve for a one (1) year term. The chairman shall preside at all meetings of the Board and in hie absence, a member designated by the Board of Zoning Appeals as vice-chairman shall preside. The vice-chairman shall serve for a term of one (1) year. Such officers may succeed themselves. The Board of Zoning Appeals shall appoint a secre- tary' whose duty it shall be to keep the minutes and other records of the actions and deliberations of the Board of Zoning Appeals and perform such other ministerial dutie~ as the Board of ZOning Appeals shall direct. The secretary shall be a salaried County employee and shall perform the duties of secretary of the Board of Zoning Appeals in addition to his other regular duties. Within the limits of funds appropriated by the Board of Supervisors, the Board of Zoning Appeals may employ or contract for secretaries, clerks, legal counsel~ consultants, and other technical and clerical services. Members of the Board of Zoning Appeals may receive such compen- sation as may be authorized by the Board of Supervisors. Any Board of Zoning Appeals member may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the court which appointed him, after hearing held after at least fifteen (15) days' notice. (o) Procedure. The Board of Zoning Appeals shall adopt such rules of procedure as it may deem necessary in order to carry into effect the provisions of this Chapter. Meetings of the Board of Zoning Appeals shall be held at the call of the chairman and at such other times as the Board cf Zoning Appeals may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. Ail meetings of the Doard of ~oninq Appeals shall be open to the public. The Board of Zoning Appeals 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, and shall keep records of its examination and other official actions, all of which shall be iramediately filed in the office of the Board of Zoning Appeals and shall be of public record. The presence of three (3} members shall be necessary for a quorum. The Board of Zoning Appeals shall submit a report of its activities to the Board of Supervisors at least once each year. (d) Bow Measures Voted On; Required Vote. All questions of interpretation and any action taken on Special Exceptions and Variances shall be by separate proceedings. Ail motions approving or defeating a measure shall be by resolution. If any action on an appeal or application shall fail to receive three (3) affirmative votes, the measure shall be deemed to be defeated. Sec. 21.1-14. Board of Zoning Appeals--~ower and Duties. (a} Except as provided in Article 9, to heat and decide appeals from any order, requirements, decieion or determination made by an administrative officer in the administration or enforcement of this Chapter as follows: (1) An appeal to T-he beard of Zoning Appeals may be taken by any person a~grieved or by any officer, department, board or bureau of the County affected by any decision of the Director of Planning. Such appeal shall be taken within thirty (30) days after the decision appealed f~om by filing with the Director of Planning, and with the Board of Zoning Appeals, a notice of appeal specifying the grounds thereof. The Dir~utor 0£ Planning shall forthwith transmit to the Board of Zoning Appeals all the papers constituting the record upon .which the action appealed from was taken. An appeal shall Stay all proceedings in furtherance o£ the action appealed from unless tho Director of Planning certifies to the Board of Zoning Appeals tha~ by reason of facts stated in the sertificate a stay would in hie opinion cause ~nuninent peril to llfe or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the Board of 2cuing kpp~als ox by a court of record, on application and on notice to the Director of Planning and for good ~ause show:. (2) The ~oard of Zoning Appeals shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as wall am due no.ice to the parties in interest and decide the same, within sixty (60) days. In exercising its powers the Board of Zoning Appeals may reverse or affirm, wholly or partly, may modify, an order, requirement, decision or determination appealed from. The concurring vote of three requirement, decision Or ~etermination of any admlnistra- tive a££icer or to deci~e in favor of the applicant on any mnt~er ~pon which it is require4 to pass under this · chapter oz to effect any Variance ~rom this Chapter. The Board Of Zcnin~ Appeals shall keep minutes of its proceedings and otl~sr official actions which shall he filed in the offic~ of the Board of Zoning ~ppeals and shell be public records. The chairman of the Board uf Zoning Appeals, or in his absenc~ the a¢~iDg chaizl~an, may a~minlster oaths and compel the attendance of witnesses. (b} To authorize ~Don appeal or oriqinat application in specific cases such Variance from th~ terms of this Chapter as will not be contrary to the public interest, ~hen, owing to special condition~ a literal enforcement of the previsions will result in ~nneceasary hardship; provided that the spirit of this Chapter shall be observed and substantial justice done, as follows~ When a property owner tan show that his property was acquired in good faith and where by reason of the exceptional narrowness, shallowne~a~ si~e Or shape of a specific piece of property on April 12, 1989, or whereby reason of e~ceptional topographic ~o~dition$ or other extraordln~ry situation or con~itien of such piece oS proper~y~ or of the use or development of property i~mediat~ly adjacent thereto, the strict application of th~ terms of this Chapter would effectivel~ prohibit or unreasonably restrict th~ USe property or wher~ th~ Board is satisfied, upon the evidence heard by it, that ~he granting of such Variance will alleviate a ol~arly demons=ra~l~ hardship approaching confiscation, as distinguished from a special privilege or convenience sought by ~he applican=, provided ~hat all Variances shall be in harmony with the intended ~pirit and purpose of the Chapter. No such Variance shall be authorized by the Board unless it finds: (1( That the serict application of this Chapter would produce undue hardship. 89-317 (2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. (3) That the authorization of such Variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the Variance. No such Variance shall be authorized except after notice and hearing as required by Section 21.1-18. No Variance shall be authorized unless the Board finds that the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this Chapter. In authorizing a Variance the Board may impose such condition regarding the location, character and other features of the proposed structure or use as it may deem necessary, in the public interest, and may require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with. (c) Except as provided for in Article 9, to hear and decide appeals from the decision of the Director of Planning. No such appeal shall be beard except after notice and hearing as provided by Section 21.1-18. (d) To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by any such question, and after public hearing with notice as required by Section 21.1-18, the Board of Zoning Appeals may interpret the map in such way as to carry out the intent and purpose of this Chapter for the particular Section or district in question. The Board of Zoning Appeals shall not have the power to change substantially the locations of district boundaries as established by this Chapter. (e) To hear and decide applications for such Special Exceptions as are authorized herein. In considering an application for a Special Exception, the Board of Zoning Appeals shall give due regard to thc natur~ and condition of all adjacent uses and structures and the probable effect upon them of the proposed use. It shall also take into account the special oh~r~cteristlcs, design, location, construction, method of operation, effect on traffic conditions or any other aspects of the particular use of structure, that may be proposed by the applicant. If it should find, after notice and hearing as required herein, that the proposed establishment or use will not adversely a£fect the health, safety or welfare of persons residing or workinq on the premises or in the neighborhood, will not unreasonably impair an adequate supply of light and air to adjacent property, nor increase congestion in the streets, nor increase public danger from fire or otherwise unreasonably affect public safety, nor impair the character of the district or adjacent districts, nor be incompatible with the general plans and objectives cf the General Plan nor be likely to reduce or impair the value of buildings er property in surrounding areas, but that such establishment or use will be in substantial accordance with this Chapter, the Board of Zoning Appeals may grant the Special Exception. In those in- stances where the Board of Zoning Appeals finds that the proposed use may be likely to have an adverse effect as above, the Board of Zoning Appeals shall determine whether such effect can be avoided by the imposition of any special requirements or conditions with respect of location, design, construction, equipment, maintenance or operation, in addition to those expressly stipulated in this Chapter for the particular class 89-318 m ef use. If such determination be in the affirmmtiv~ the Board of ~ouiDg Appeals ~hall impose such requirements or conditions, and if these are accepted by th~ applicant, the Board of Zoning Appeals shall au=horlze the issuance of the special Exception; otherwise the Special Exception shall be denied. The Board of Zoning may require satisfactory evidence and guarantee or bond that the conditions stipulated will be, and will continue to be, complied with. Any Special Exception may be authorized and issued for either a limited or an indefinite period of time and shell be revocable by the Director of ~lann~ng at ~Dy time Ior ~ailure to adhere to the applicable conditions. After revoking any such permit, the Beard of Zoning Appeals sh~lt afford the permit holder an opportunity to be heard~ in accordance with notice and hearing procedures outlined herein, and ~ivlng him at tees= f~ve {5) days written notice of the time and place of such hearing. (f) Nu provision o~ this S~ction shall be oonstr=ed as granting the Board u~ zoning Appeals the power to rescue property. Sec. 21.1-15. Certiorari to R~view Dsclslon of Board of Zoning Appeals. (a) Any person er persons jointly or ~everally aggrieved by any decision of th~ Board of Zoning Appeals, or any taxpayer or any officer, ~epartment, board or bureau of the County may p~nf to the circuit court of the County a petition spec~fyinq the gronnds ~n which aggrieved within thirty day~ after the filing of the de¢isie~ i~ the office of Board of scnin~ Appeals. {b) Upon the presentation of such petition, the court ~hall allow a writ cf Certiorari to review the decision of the Board of Zoning Appeals and shall prescribe therein th~ tim~ within which a return thereto must be made and served upon relator's atterney~ which shall not be less than ten (10) days and may be extended by the court. The allowance of t~e writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice ~o ~he ~oard of zoning Appeals and on due cause shown, grant a restraining order. (c) The. Board of Zoning Appeals shall not be required to return the original papers acted upon by it but it shall be sufficient to r~tu~n certified or sworn copies ~hereof or of ~uch portions ~hereof as may bm called for by such writ, return shall concisely set forth such other facts as may be pertinent and material to show =he grounds of the decision appealed from and shall be verified. (d) If, upon the hearing, it shall appear %0 the court =ha: =es=imony is necessary for the proper disposition of the matter, i= may take evidence or appoint a commissioner to ~ake such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall eonstitut~ a part of the proceedings upon which the determina- tion of the cour~ shall be made. The court may reverse or a~irm, wholly er partly, or may modify the decision brought up for review. (e) Costs shall not b~ alloWe~ against the Board ~f Zoning Appeals, unless it shall appear to the court that it acted in had faith or with malice in making the decision appealed from. DIVISION 3. APPLICATIONS, FEES AND ~©TIP~CATION Bec. ~I.1-16. Applications. (a) Any application for rezonlng, conditional zoning, Conditional Use, Conditional U~e Planned Development, ~obile 89-319 Mome Permit~, Variance or Special Exception, or appeal as defined in Section 21.1-14, may be initiated by resolution Of the Board of Supervisors; by motion of the Planning Commission; or by petition .of the property owner, contract purchaser with the owner's written consent, or the owner's agent therefor~ of the property which ie the subject of the amendment. (b) Any application shall be filed with the Planning Department on forms prescribed by the Director. The applica- tion stall be accompanied by such plans or data prescribed by the Director of Planning as being necessary to comprehensively review the requeet and shall include adequate evidence showing that the proposal conforms to the standards set forth for the specific request. Sueh application Shall be forwarded from the Planning Department to the appropriate Commission or Hoard. (e) The applicant or petitioner shall furnish with his application or petition a list of names and addresses of all persons owning any adjacent property to include property across any street, road, or railroad right o~ way, body of water, or political boundary. In the event the property is situated at or within 100 feet of the intersection of any two (2) or more roads or highways or within 100 feet of the intersection of the right of way of any two (2) railroads, the notice required above must also be given to the ownere of property situated at all corners of any such intersection. Such information shall be Obtained from the Assessor's Office on the date on which the application is submitted to the Planning Department. SeC. 21.1-17. Fees for Hearings. The cost of each hearing requested pursuant to the provi- sions of this Chapter, including advertisement when required, shall be as follows and shall be deposited simultaneously with the filing of the application or petition: {a) Zoning: {1) Agricultural (A) with conditional zoning (2) Residential (R-88, R-40, R-25, R~lS, R-12, R-9, R-7, R-TH, R-MF, MR-I, MH-2) with conditional zoning (3) Commercial, Office, Industrial with conditional zoning (4) Amend condition of zoning (b) Conditional Uses and Special Exceptions: (1) Multiple family or two family (2) Manufactured Homes, Mobile Homes: b. Renewal $370.00 plus $10.00 per $740,00 plus $65.00 per $645.00 plus $20.00 per $1290.00 plus $65.00 $645.00 plus $50.00 per $1290.00 plus $65.00 Baee fee for district in which located. $1,070.00 plus $20.00 per unit for each unit after the first two (2) units $545.00 $245.00 89-320 m m (~) ~lanned Development a. b. Amend condition of Planned Development All others $3,070.00 plus per ac~e or $20.00 per multi-family or duplex $745.00 each occasion $470.00 plus $55.00 $570.00 {d) Appeal to Board of zoning Appeals relative to decision of Director of Planning Sec. 21.1-18. Notification and Posting of Property--searings. (a} Any request for rezoning, conditional z0nin~, Conditional Use, Conditional Use ~lanned Development, ~770.0U Manufactured or Mobile Some ~ermit, special Exception, Variance, or Appeal of Planning Director's Decision to the ~eard uf zoning Appeals shall be a~vertised by reference, giving the plac~ o~ places within the County wh~r~ copies of the proposed Ordinance or amendments may he examined. Any Ordinanc~ or amendment ~hall not be acted upon until notice of the intention to do so has been publi~hed Once a ~eek for two (2) succ~$siv, w~ks in a newspaper published or havin~ general circulation in the Ccunty~ Each notice~ shall specify the time an~ place of hsar.ing at which persons affected may appear and present their views~ and such hearing shall be held not than six (6) days nor more than twenty-one (11) days after final publication. (b) The Director of Planning, or hi~ agent, shall, at leagt tw~nty-on~ (21) day~ before the date of the firet hearing, on any application for re~oning, Conditional Zoning, Conditional USe, Con~iti0nal Use Planned Development, Manufactured or Mobile Ho~e permit, Variance, or Special Exception or Appeal of Planning Director's Decision to the BoaYd of Zoning Appeals, post on the land or bnilding involved in any application or appeal, a notice of the public hearing as [1} Said notice shall be posted at r~a$on~ble inter~al~ along streets abutting the subject property, or, if there is no abutting street, then at the proposed public street entrance to the property. The notice ~hall be posted in locations so as to be reasonably visible from public roads. (2) Neither =he holdin~ of any public hearing, nor the v~lldlty o~ ~ny action on am application or an appeal, shall be affected by the unauthorized ~emoval of whic5 has been duly posted in ao=or~ance with this Section. (c) No application or petition shall be acted upon until th~ aOja¢~nt property owners have been given ~ut less than fifteen (15} daye written n~tice sent by registered, certified ur first class mail fox any hearing on any such application or p~tdticn. If s~ch written notice is provided by first elate mail, the Planning staff shall make affidavit that such mailings have been mad~ and fil~ such affidavit with the papor~ in the case. (d) Posting and notification of adjacent prop=try owners, as outlined in this Section, shall not b~ require4 when: the hearing involves an application for an amendment to th~ Zoning 89-321 Map initiated by resolution of the Planning Commission or Board of Supervisors, or appeal when such application or appeal involves twenty-~ix (26) or more parcels of land; or the hearin~ involves an appeal, concerning no specific property. SeC. 21.1-19. A~plications within Twelve (12) Months. An application for a Variance, Conditional Use, Conditional Use Planned Development, Manufactured or Mobile Home Permit, Special R×ception, Conditional Zoning or a change in zoning for a parcel or lot or part thereof shall not be considered by the Board of Supervis0~s or the Soard of Zoninq Appeals within twelve (12) months of denial of a request which was substantially the same as the one made previously. ANTIr~-~ 3. DI$~tICT$. DIVISION 1. GENERALLY. Sec. 21.1-20. Districts Enumerated. (a) FOr the purpose of this Chapter the County is hereby divided into districts as follows: (1) R-88 Single {2) R-40 Single (3) R-25 Single (4) Family Residential District Family Residential District Family Residential District R-12 Single Family Residential District (5) R-9 Single Family Residential District (6) R-7 Single Family Residential District (7) R-TH Townhouse Residential District (8) R-MF Multi-family Residential District (9) MH-1 Manufactured or Mobile Nome Park District (10) MH-2 Manufactured or Mobile Home Subdivision District (11) A Agricultural District (12) 0-1 Neighborhood Office District (13) 0-2 Corporate Office District (14) C-1 Convenience Bus.iness District (15) C-2 Neighborhood Business District (16) C-3 Community Business District (17) C-4 Regional Bneine~e District (18) C-5 General Business District (19) I-1 Light Industrial District (20) I-2 General Industrial Distriott (21) I-3 Heavy Industrial District (b) Residence or residential districts, hereafter referred to as R Districts, include the R-88, R-40, R-25, R-15, N-12, R-9, R-7, MH-1, and ME-2 Districts. Townhouse residential districts include the R-TH Districts. ~ulti-family 89-322 residential districts include the R-MP Districts. Office dis- triers , hersinafter referred to as 0 District~, include the 0-1 and 0-2 Districts. Bu~ine~e districts, hereafter referred to as C Districts, inclu4e the C-I, C-2, C-3, C-4 and C-5 Districts, include the I-l, I-2, and I-3 Districts. A~ic~i- tural Di~t~ict~ include the A District, Sec. 21.1-21. Special D~striets, The Districts outlined in Section 21.1-20 may also l~e within special district~. Tho~e ~pscial districts includ~ ~loodplain Distriet~, ~merqing Growth Districts, Po~t Develop~snt Districts, Village Districts, and ~istoric Distrluts and Landmarks. Sec. 21.1-22. ~a~s. (a) ~he boundaries of the respcutiv~ districts are shown upon a series of ~sps entitled "Zoning District Maps" which are a~ache~ o~ appended to ~he original copy of the Ordinance amending and reordaining this Section, and are hereby and made a part of this Chapter. All notations, ~eferences and other information ~hown th~r~on shall have the sam~ force and effect as though tully set forth and described in this Chapter~ (b) The Director of Planning shell preserve the series o~ map~ filed in his office. The Director of ~lanning shall cause all extension, contractions or other changes made in the boundaries of the district~ shown %hsr~o~ to be indicated on the copies of the maps as soon as practicable after th~ effective dates of Ordinances making such extensions, contractions or changes. Sec. 21.i-23. Determination of Boundariem. (a) Whenever uncertainty exists with respect to th~ location of the boundary line of a dis~ric= shown UpOn district map~ the boundary line, unlems dimensioned'on thm map or on a plat which accompanied amendment application, shall be de,ermined as follows= (1~ The boundary line mhall be the centerlin~ of the street or alley~ if t_here be one, nearest ~he periphery of the district; (2) In case therm is no street or alley and the land i$ ~ivided into lots or blocks, the boundary ]ins shall be the property line of the lots Or blocks nearemt periphery of the district? or (3) in ease =here is no such street or alley and the land is net divided into lots or blocks, th~ boundary line shall be a line determined by measurement of the distance shown on the district map according to the scale indioat=d thereon. (b} Whenever any street, alley or other public right of way is vacated hy official action, the zoning distric~ joining each side of such strsst, alley or other ~ublic right of way shall be automatically extended to the Getter line of such vacation. DIVISION 2. HISTORIC DXSTBICT$ AND LANDMARKS, Sec. ~.1-~4. D~ignatlen of ~istorie Districts. Pursuant to Sections 15.1-489 and 15.1-503.2, Code of Virginia, 19~0, es smende~, the Beard of Supervisors shall have an important historical arehitecthral or cultural interest and 8~-~23 to establish historic districts within the County containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage cf the County. Sec. .21.1~25. Creation of Preservation Committee. For the purposes of assisting in the administration of the provisions of this Division, there is hereby created a Preservation Co~tmittee. Such Committee shall be composed of seven members appointed by the Board of Supervisors. At least one [1) member shall be an architect or landscape architect, one (1] member shall be a contractor, one (1) member shall be a representative of a local historical society and one (1) member shall be a person with professional expertise or training in the field of historic preservation and historic landmarks. Members of the Preservation Committee shall b~ appointed for three-year terms, and no member shall serve for more than two (2) consecutive terms. Sec. 21.1-26. Procedure for Desi~natln~ an ~istoric District, Landmarks and Landmark Sites. Applications for the creation of an historic district, or the designation cf landmarks and landmark sites shall be filed with the Director of Planningt by the Planning Commission, Board of Supervisors, th~ owner, contract purchaser with the owner'S written consent, the owner's agent or sixty (60) percent of the owners of all buildings within a proposed historic district. The application shall be in such form and contain such information as shall be prescribed by the Director of Planning. The Board of Supervisors may e~tablish applica- tion fees in order to defray the cost of application review. Sec. 21.1-27. ~p~nsibilities of the Plannin~ Commission and Preservation Committee. (a) Upon receipt of an application the Director of Planning shall, except in cases of a proposal initiated by the Planning Commission, refsr such application to the Planning Commission and the Preservation Committee for their review and report. (b) Within sixty (60) days following the first meeting of the Planning Con~nission after the receipt of such proposal or application, the Planning Commission and the Preservation Committee shall hold a joint public hearing to review such application and shall prepare independent reports thereon ad- dressed to the Board of Supervisors. (c) Notice of such public hearing shall be given in the same fashion as provided for in Section 21.1-18(a), (c) and (d). The reports prepared by the Planning Commission and the Preservation Conu~ittee shall address the effect of the designa- tion of the proposed district or building on the future development of the County and such other matters as it shall deem appropriate and shall recommend to the Board of Snpervisor~ that the proposed district Or landmark either be designated, be designated with altered boundaries, or not be designated. Bec. 21.1-28. Action by the Board of Supervisors. Following the receipt of the recommendations and reports of the Preservation Committee and the Planning Commission, the Board of Supervisors shall conduct a public hearing and shall consider the reguest for designation of an historic district, landmark or site. Such public hearing shall be conducted in the same fashion as hearings conducted to consider amendments to the County Zoning Ordinance. Written notification shall be sent to all owners of property proposed for designation as an 89-324 historic landmark, a landmark site, or proposed fo~ inclusion within an historic district. Sec. 21.1-29. Standards for De~i~nation of Ristoric Districts. No ar~a of th~ County er building located within County shall be dasiqnated an hi~toric district pursuant to th~ provisions of this Division unless suet area or ~uil~img ~hall constitute a distinct section ct the County, building building site within the County and shall have the potential tn provide cultural and civic benefits by reason cf the existence of at least one (1) of the following factors: (a; TAm presence o£ special historical interest relating to local, state or national history. (b} The presence of special character or aesthetic interest or value caused by the development pattern of fha area er by natural~ landscaping ~r topographical f~atures of the area. {c) The presence c~ one (1) or more periods or styles of (d) ~he concentration of indiqanons examples of local their original design end which have a uniform scale and derive (e) The presence of Ohm (1) or more buildings of high architectural quality and historic interest. Sec. 21.1-30. CertiIicates cf Appropriateness. (a) Authority. Th~ Preservation Committee, aDtin~ ae apprnpriatenes$, in accordance with the previsions Of thi= (b) Certificat~ r~quir~d, It shall be unlawful fox any movement or demolition of any building, structure, other activities which has been ~ssignatad a landmark or landmark eertifinate cf appropriateness with re,pest to such work, and in the case of demolition of a principal structure, with or property located within an historic district on whist any matter of right, be entitled to raze e~ demolish such landmark ~et forth in the schedul~ hereinafter set for~l and at a land pertaining thereto, to the County or to any person, firm, corporation, government or agency thereof, or political sub- that it is willing to preserve and restore the landmark, building or structure and the land pertaining thereto; and that no bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such lan~ark, building or structure, and the land pertaining thereto, prior to the expiration of the applicable time period set forth in the time schedule hereinafter stated. No offer to sell shall be made more than one (1) year after a final decision by the Preser- vation Committee, but thereafter the owner may renew his request to the Board of Supervisors to approve the razing or demolition of the historic landmark, building or structure. · he time schedule for offers to sell shall be as follows: three (3) months when the offering price is less than 25,000 dollars; four (4) months when the offering price is 25,000 dollars or more but less than 40,000 dollars; five (5) months when the offering price is 40,000 dollars Or more but less than 55,000 dollars: six (6) months when the offering price is 55,000 dollars or more but less than 75,000 dollars; seven (7) months when the offering price is 75,000 dollars or more but less than 90,000 dollars; and twelve (12) months when the offering price is 90,000 dollars or more. (c) ~pplicationsfor Certificates of Appropriateness. (1) Applications for certificates of appropriateness shall be submitted to the Director of Planning in such form as shall be prescribed by the Director of Planning. (2) In any case where the work to be perfermed in conformance with a certificate of appropriateness requires the issuance 6f a Variance or approval of a zoning change or other permit or approval, no application for a certifi- cate of appropriateness shall be accepted until such other approval has been issued. The issuance of any such other approval shall not be deemed to establish any right to the issuance of a certificate of appropriateness and such certificates shall only be issued or denied solely on the basis of the standards established by this Chapter. (d) Action by the Preservation Committee. (l) Within forty-five (45) days following the receipt of a completed application for a certificate of appropriateness, the Preservation Co~ittee shall review the application and shall either grant the certificate of appropriateness without modification, qrant the certificate of appropriateness with modifications or subject to conditions, Or deny the certificate of appropriateness. (2) The Committee may, or at th~ applicant's request shall, meet with the applicant to review the application prior to rende¥ing any decision. (3) In considering such application the Committee shall be guided by the purposes for which landmarks, landmark sites and historic districts are designated and by the particular standards and considerations contained in the Secretar~ of the Interior's Standards for Rehabilitation and amendments as adopted by the Board of Supervisors. (e) Appeal Procedure from Preservation Committee. In any case in which the applicant is dissatisfied with the decision of the Preservation Contmittee on his application for a certificate of appropriateness, the applicant may appeal the decision to the Board of Supervisors within thirty (30) days of the d~cision by filing a notice of appeal with the Clerk of the Board of Supervisor~. (f) Limitation On Certificates. A certificate of appropriateness shall become null and void twelve (12) months 89-326 al:ar ~he da:a on which it wac issued unless Within s~ch period the w0~k authorized by ~uch certificate is comm~nC~d~ A certificate of appropriateness shall relate solely to the work shown on plans approved within ~uch e~rtifieate and it shall bo unlawful to deviate from any certificate of appropriaten~mm without obtaining a'n amended a~rtifi~ate in the s~me manner aa herein provided for obtaining original certificates. Sec. 21.1-3I. Emergency Alterations or Demolitienm by Public Officials. No County official shall seek to remove, alter or demolish any structure which is a landmark or is on a landmark site or in an historic district, fc~ ~he purpose of remedying conditions determined to be dangerous to life, health or ~afety, Un~$~ ~ certificate of appropriateneee has ~een i~sued to permit such removal, alteration er demolition provided, hew~ver~ that the certificate may require that the work not materially change or detract from the exterior appearance of the structure where the danger to life, health or safety may be abated without so chanqing or detracting from th~ ~xt~rfor appearance. Where a danger to life, health or safety exists, th~ Chief Building Official may cause the landmark or landmark sits to be barricaded. Eeo. 21.1-32. Appeal f:om Decision of the Board of Sup~rvi- Any aggrieved property owner ~hall have the right to appeal any final decision of the Board of S~pervisors pursuant to this Division by following the procedure sat out in Seo~ion 15.1-50~.2(c) of the Cede of virqinia, 1950, as amended. In addition to the penalties so provided in this Ordinance, any person who de~lish~ ~lters, er constructs a building, structure or site in violation of this Division shall be required to re~tor~ ~h~ building, Structure or site to its appearance prior to the violation. and property, hnzard~ bo h~alth and saf~y, d~$rup~ion of co~ercial and governmental services, ~ext racrdina~ and and z~lief and impai~ent of the tax ba~ by~ (~) R~gulating uses, activities and d~velo~nt which, ae%in~ alone or i~ combination with othe~ e~istin~ or future insreases in flood heights, v~loci~ies and freguenui~s. (b) Rustricting or prohibiting certain uses, and development from lots=ins within areas subject to flooding. (c) R=qulrtnq all those uses, activities and developments that do occur in floodpron~ area~ tQ ~e protected and/or (d) Pr~tectlng individual ~ from buyinq lands and structures which are unsuited ~or intended purposes flood hazard~. Sec. 21.1-35. Dutie9 Generally of Director of Environmental E'n'ginee ring . (a) This Division shall89-327~e enforced by the Director of Environmental Engineering and such deputies as the Director of Environmental Engineering may appoint. The Environmental Engineer shall review all site and schematic plans and building permits and certify that the proposed development or construction is not in violation of the provisions of this Division. If such proposed development or construction is in conflict with this Division, the Director of Environmental Engineerinq shall refuse to approve such plan or building permit. (b) The Director of Environmental Engineering shall maintain for public inspection, and furnish upon request for the determination of applicable flood insurance risk premium rates within all areas having special flood hazards identified on the County Flood Insurance Rate Map (FIRM), any certificates of floodproofing, information on the elevation of the lowest floor, including basement, above the base flood elevation and horizontal distance of the structure from th~ outermost boundary of the base flood for all new er substantially improved structures. Also, records will include whether or not such structures contain basements, if structures have been floodproofed and the elevatione above the base flood level to which they were floodproofed. (c) The Director of Environmental Engineering shall maintain a record of all Variance actions, includinq justification for %heir issuance, and report such Variances issued in the County's annual report submitted to the Administrator. Sea. 21.1-36. Floodplain Districts and Zones Generally. (a) Easis of districts. The 100 year flood ehall be adopted as the base flood for purposes of floodplain management measures. The 500 year flood shall be employed to indicate additional areas of flood risk in the County. The basis for the delineation of these districts shall h~ the Flood Insurance Study and Related Maps for Chesterfield County prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated September 16, 1982, as amended. (1) The floodway district is delineated, for the purpoeee of this Division, using the criteria that a certain area within the floodplain must be capable of carrying the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The areas included in this dietrict are mpecifically defined in Table 2 of the above referenced F16od Insurance Study, and are shown on the accompanying flood boundary and floodway maps (FBFM). (2) The flood fringe district shall be that area of the base of flood area not included in the floodway district. The basis for the outermost boundary of this district shall be the base flood elevations contained in the flood profiles of the above referenced Flood Insurance Study, and as shown on the accompanying FSFM. (3) The approximated floodplain district shall be that base flood area for which no detailed flood profiles or elevations are provided, but where a base floodplain boundary has been approximated. Such areas are shown on the FIR~. Where the specific base flood elevation cannot be determined using other sources of data, such as the U. S. Army Corps of Engineers, Floodplain Information Reports, U. S. Geological Survey Floedprone Quadrangles, recorded subdivision plats, etc., the applicant for the proposed use, development and/or activity ~hall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Eydrologic a~d hydraulic analyses shall be undertaken only by professional engineers or oth~rs of demonstrated qualifications, who shall certify 89-328 that the technical m~thods used accurately reflect currently accepted technical concepts. Studies~ analyse~, computations, etc., shall be submitted in sufficient detail to allow s thorough review by the Director of Environmentel Engineering and shell include a theoretical delineation of floodway from flood fringe when development within an approximated floodplain districL is requested. (b) Basis of Zones. The County shall be divided into sones, each having e specific flood potential or hazard. Each ·one shall be assigned one (1} of the following ~lcod inenrance zone designations: (1) Zones Al-All, Al4, Al5 and Al6: Special flood hazerd areas inundated by waters of the base flood. (2) Zone B~ Areas between the special flood hazard urea and the limits of th~ 5O0 y~a~ flood, including areas of the 100 year floodplain that are protected fre~ the 100 year flood by dike, levee or other water control year shallow flooding wher~ doD%he are less than one (1) is no~ subdivided. (3) Zone C: Ail arees out,ids the limits of the 50~ year flood. The$~ areas are subject to minimel or no (¢) Floodplain District OverLa~ (1} The floodplain di~fricte described above shall b~ over,aye tO tbs ~xlstlng underlying zoning districts as provi$1one for the fioodplein districts shall serve as a supplement to the ~nderlytng district provisions. (2) Where there is a~y conflict between the districts and those of any Underlying district, the more r~striotive provisions and/ox those pertaining to the floodplain district~ shall apply. (3) In the event any provision concerning a floodplain district is deulared ineppliaable as a result of any legislative or administrative actions or judicial discretion, the basic underlying di~tri0t provisions shall remain applicabl~. (d) Floodplain Maps. The boundarie~ of the floodplain to be a part of this Division and which shall be kept on file (e~ District Boundary Changes. The delineation Of any of the floodplain districts may be r~vised by the County where individual detriments indicate the need for such cheng~. from the Administrator. (f) Inter,rotation of Di~cf Boundaries. Initial shall be made by the Director of Environmental Rngin~ering. An appeal to tb~ Foard of Zoning Appeels may be taken by any Sec. 21.1-37. District Regulations. (a) Generally. (1) Ail uses, activities and development occurring within any floodplain district shall be undertaken only upon the issuance of a building permit. Such development shall be undertaken only in strict compliance with tho provisions of this Division and with all other applicable codes and ordinances, such as the virginia Uniform Statewide Building Code and the County Subdivision and Erosion and Sediment Control Ordinances. Prior to the issuance of any building permit, the Director of ~nvlron- mental ~ngineering shall require the applicant to provide, in addition t6 the basic information on the permit, the following information: a. For every structure that will bP elevated, the elevation of the lowest floor, including basement, above the base flood elevation and horizon- tal distance of the structure from the outermost boundary of the base flood. b. For every nonresidential structure that will be f%oodproofed, the elevation to which the strneture will be floodproofed. c. The elevation of the base flood. (2) Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system. (3) Prio~ to any propoeed alteration Or relocation of any channels or floodways of any watercourse, stream~, etc., as shown on the County's PIt~4, and prior to approval by the Director of Environmental Engineering, the applicant shall als0 obtain approval from the U.S. Army Corps of Engineers and the State Water Control BOard. Further, tho applicant shall give notification of the proposal to all affected adjacent municipalities. Copies of such notifications shall be forwarded to the Director of Environmental Engineering, the State Water Control Board, the State Department of Intergovernmental Affairs and the Federal Insurance Administrator. (4) All new construction of habitable residential structures in subdivisions, within zones Al-16 and unnumbered A zones on the County's FIRM, shall be prohibited. (5) Ail new construction of habitable residential structures on parcels (on record as of March 16, 1983) which are at least ninety-five (95} percent inundated by the base flood and out~ide of a subdivision within zones Al-16 and unnumbered A zones on the County's FIRM, shall have a minimum floor level of twelve (12) inches above the base flood and cause no increase in the base flood elevation. (6) All substantial improvements of habitable residential structures, within zones Al-16 and unnumbered A zones on the County's FIRM, shall comply With Section 21.1-40 (1) a. (7) All new construction and substantial improvements of residential structures, within B and C zones on the County's FIRM, shall have a minimum floor level of twelve (12) inche~ above the base flood elevation, adjacent tO the nearest A zone, and be set back 89-330 at lea~t twenty (20) f~et horizontal distance from the outermost boundary of the base flood. (8) Ail new construction of nonresidential structures within the floodway on the COunty's FBFM shall be prohibited. (9) All new construction and substantial improvements Of nonresidential structures aRd aaoessory buildings, within the floodway fringe on the County's FBFM~ shall either: have minimum floor level of twelve (12) inche~ above the base flood elevation; or together wit5 attendant utility and sanitary facilities, desiqned to be wat~rtigkt a~ least twelve (12) inches above the base flood level with walls substantially impelaneubl~ to the passage of water, and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (tO) Ail new construction and substantial improvements of nonresidential structures, Wi%kln B and C zones on th~ County's FIRM, shall either: hav~ a minimum floor level of twelve (12) inch.s above the ~ase flood elevation of the nearest A zone~ or together with attendant utility and sanitary facilities, be designed so that at least (12) twelve inche~ above the base floo~ level o~ the nearest A zone is watertight with walls substantially impermeable to the passag~ ~ water, and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects o~ buoyancy. (i1] Where floodprooflng is utilised for a particular structur~ in accordance Subsection (91 of this Section, registered professional ~ngineer or architect shall certify that the flocdproofing methods ara adequate to withstand the flood ~depth$, prsseure~, velocities, impact and uplift forces and other factors a~sociated with the base flood. A record of such certificates, indicating the ~peoific elevation (referenced to the National Geodetic Vertical Datum of 1929 (~GVD)) to which structure~ are fleedproofed, shall be maintained with the Director of Environmental Engineering in accordance with {12) The Director of Environmental Engineering shall require thut owners of ~xisting ~anufa~tn~ed or me~ile home parks, and manufactured or mobile home subdivisions, located within zone~ At-16-and un~umbered A zones on the Co~nty'~ rIP24, file an ~vacna%ion plan indicatin9 alternate vehicular access and escape routes with the Virginia State Disaster Preparedness Office. {13~ All existin~ manufactured or mobile homes, located in a ~peciat flood hazard aras on the Co=nty's PiPit. shall be anchored to re$is: flotation, collapse or lateral movement by ~rcviding ever-the-top and frame ties to ground anchors. Specific. requirements shall be that: over-the-top ties be provided at each cf the four corners ef the manufactured or mobile home with two additional ties pst s~de at i~termmdiat~ locations, with manufactured or mobile homes less than fifty {50) feet long r~qulring one Il) additional tie per side; frame ties be provided at each corner of the hom~ with five (5) addi- tional ties p~r side at intermediate points, with homes less than fi£%~ {50) feet long requiring four (4) additional ties per side; all ccmpon~nt~ of %kc anchoring syste~ be capable of carrying a force of 4,900 pcunds~ and any additions to the home be similarly anchored. (14) The placement of new manufactured or mobile · ' homes on individual lots or parcels, the construe%ion of 89-331 new manufactursd or mobile home parks and manufactured or mobile home subdivisions and the expansion or substantial improvements to existing manufactured or mobile home parks and manufactured or mobile home subdivisions shall be prohibited within Zones Al-16 and unnumbered A zones on the County's FIRM. (15) The placement of new manufactured or mobile homes On individual lots or parcels, the construction of new manufactured or mobile home parks and manufactured or mobile home subdivisions and the expansion of existing manufactured or mobile home parkz and manufactured or mobile home subdivisions shall require, within zones B and C on the County's FIRM, that: stands or lots be elevated on compacted fill or on pilings so'that the lowest floor of the home will be at least twelve (12) inches above the base flood level of the nearest A zone and be set back at least twenty (20) feet horizontal distance from the outermost boundary of the base flood; adequate surface drainage and access for a hauler be provided; and in the instance of elevation on pilings, lots be larqe enough to permit zteps, pilinq foundations be placed in stable soil no more than ten (10) feet apart and reinforcement be provided for pilings more than six (6) feet above the ground level. (16) All subdivision proposals and other proposed new developments shall include, within such proposals, base flood elevation data. (17) All new construction and substantial improvements to existing structures shall have the access driveways elevated to at least the base flood level. (18) There shall be no filling of any floodplains unless an approved subdivision or site plan is on file with the Department of Environmental Engineering. (b) Floodway District. (1) Generally. In the floodway diztrict, no residential or nonresidential structures, manufactured or mobile homes Or filling shall be permitted. (2) Permitted uses. In the floodway district, the following uses and activities are permitted, subject to review and approval of the Environmental Engineer; provided, that they comply with the provisions of the underlying district and are not prohibited by any other Ordinance. Further, no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements, which have been approved by the Environmental Enginser and/or State authoritiez, a~ required: a. Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod iarming and wild crop harvesting. b. ~ublic and private recreational uses and activities, such ee parks, day camps, picnic grounds, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges and hunting and fishinq areas. c. Accessory residential uses, such as yard areas, gardens, play areas and loading areas. d. Accessery industrial and commercial uses, such as yard areas, parking and loading areas, 89-332 airport landing strips, etc. e. Material exhzaetion which will not increase the level of ~loodlnq or velocity. See Chapter 7.2 Of this Code and Sections 21.1-I95(b) and 21.1-39 (a) (12). i. Temporary outdoor recreetional uses, such as oir¢~$ss, oarnivals and similar activities. g. Utilities and public facilities and improvements, such as railroads, streets, bridges~ transmission lines, pipelines, water and waste water treatment plan~s and other similar or related us~s. h. Water related use~ and activities, such as marinas, docks, wharves, piers, etc. i. Storage of material~ and equipment provided that; they ere net soil stockpiles, buoyant, flammable, e~plcsive, toxic, or radioactive ~nd are not sub,oct to major da~aage by flooding; and/or provided tkat $=c~ material and eguiDmsnt is ~i~mly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time availabl~ after flood warning. j. Structures (other than inhabitable} accessory to the uses and activities in the preceding list. k. Other similar uses, structures and activities provided that they cause no increase in flood heights ~n~/or velocities. (¢) Flood FriD~e District. (1) Gen~ In the flood fringe district, the development andfer use of land shall be permitted in accordance with the regulations o~ the underlying zoning district; provided, that eli such usus, activities and/or development shall not incrsase %he base flood levels and shall be undertaken in strict compliance with the floodproofing and reIe~ed provisions contained in' the Virginia Uniform Storewide Building Code and all will filling in the flood fringe ar~a be permitted to make a building lot for the purpose of con, trusting a remidential dwelli=g. (2) Permitted uses. a. Those uses permitted in the floodway subjeo~ %o review and approval of the Environmental b. Residential structures~ subjec~ to the provisions of Section 21.1-37 {a} (5). e. Nonr~sidential construction, subject to the provisions of Section 21.1-37 (a} d. Accessory residential $~rus~ures, subject to the Drovisions of Section 21.1-37 (a} (9). A~roximated Floodplain District. In the approximat- ed fleo~pisin district, all development and uses ~helt he th~ ~ame as permitted in the floodway district. Sec. 21.1-38. Applioatione for Variances. The burden of proof rests upon the applicant for a Variance, and without such proof a Variance must be denied. The applicant must ~how: good and sufficient cause; that failure to grant the variance would result in an exceptional hardship; that granting the Variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances; and that the Variance is the minimum necessary, considering the flood hazard, to afford relief. Sec. 21.1-39. Factors to be Considered in Granting Building Permits and Variances. (a) In considering applications for development in the floodway and flood fringe distriots and Variances, the Director of Environmental Engineering or Board of Zoning Appeals shall consider the following factors: (1) The danger to life and property due to increased flood heights or velonities caused by encroachments. No building permit or Variance shall be granted for any proposed USe, development or activity within the floodway or flood fringe districts that will cause any increase in flood levels during the base year flood. (2) The danger of materials being swept onto other lands or downstream to the injury of others. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. (5) The importance of the services provided by the proposed facility to the community. (6) The requirements of the facility for a waterfront location. (7) The availability of alternate locations not subject to flooding for the proposed use. (8) The compatibility of the proposed use with existing and anticipated future development. (9) The relationship of the propoaed use to the General Plan and floodplain management program for the (10) The safety of access to the property in time of flood by ordinary and emergency vehicles. (11) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. (12) The loss of beneficial natural stormwater management characteristics. (13) Such other factors that are relevant to the purposes of this Division. (b) The Director of Environmental Engineering or the Board of Zoning Appeals may refer an application and accompanying documentation for a building permit or Variance to an engineer or other qualified person or agency for technical 89-334 assistance in evaluating the proposed project in relation ~o flood heiqhts~ velooities~ the adequacy of the plans for protection or any ether related matters. (c) The Board of ~onlng Appeals may forward requeste for Variances to the Federal Insurance Administration for comment. {d) The DirectOr ~f Environmehtal Engineering and Board of Zoning Appeals shall notify the applicant for a building permit and/or Variance, in writing, that the approval of such for construction efa structure below the base flood elevation could increase risk to life and property, and could result in increased premium rates for flood insurance. (e) A record of the above notifioaticn~ as well as all Variance actions, including justification for their i~uane~, shall be maintained b~ the Director of Environmental Engineering. Variance approvatn ~hall b~ no%cO i~ %he annual report ~ubmitted to the Administrator. Se~. 21.1-~0. Exi~tinq Stru~%ure$ in Floodplain Di~trict~. A structure Or use of a structuru on premises which lawfully existed before February 23, 19~3, but which is not in conformity with this Division, may b~ continued suhjec~ to the following conditions: (a) aabi%able Residential Structures. The modification, alteration, repair, reconstruction or improvement of any kind to a structure requiring a building permit, and/or use located in any floodplain district to an ~xt~nt or ~cont of le~ ~han fifty (50) percent o~ its value, in accordance with the Ccnnty A$~e~or'~ records, ~hall be elevated to the ~reates~ extent possible. The modification, alteration~ repair~ rec0nstructien or improvement of any kind to a structure requiring a building permit andTor use reqardlese of its location in a floodplain district to an extent or amount of mor~ than fifty (50) percent of its value, in accordance with the County Assessor'~ records, shall constitute a substantial improvement, Th%~ i~provement shall be elevated to at least twelve (12} inchee abov~ the bate (h) Nonresidential Structures. Th~ modification, alteration, repair~ reconstruction or improvement of any kind to a structure and/er use located in any floodplain district ~e an extent Or amount of less than ~ifty (50) p~rcent of its value, in accordance with the County Assessor's xecords, shall be elevated and/er floodproof~d te the ~reatest extent possible. The modification, alteration, repair, rssonstruction or improvement of any kind to a ~tructure and/or use regardless ef its location in a floodplain district to an extent or amount cf more than fifty (50} percent of its value, in accordance with improvement. This improvement shall be elevated to at least twelve (12) inches above the ~aas ~lood level and/er floodproofed to at least twelve (12) inches above the base Sec. 21.1-41. A~ditional Prov~sion~ Relative to Flood Hazard Nitigation. Within the base flood and/er the approximated floodplain arose, as delineated, the following additional provisions shall be met: [a) Ail electric w~ter heater~, e~ectric furnaces and other critical electrioal installaticne shall be permitted only 89-335 at elevations at least twelve (12) inches above the base flood level. (b) Water supply systems, sanitary waste water systems and gas and oil supply systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the systems into floodwaters. Design and construction shall be in accordance with BOCA requirements. (c) Adequate drainage shall be provided to minimize exposure to flood heights. (d) Preliminary plat requirements shall include a map showing the location of the proposed subdivision and/or land development with respect to any designated floodplain district, including information on, but not limited to, thc base flood elevations, boundaries of the floodplain districts, proposed lots and sites, and fills and areas subject to special deed restrictions. (e) Building permit application shall include location of base flood, if previously determined. Sec, 21.1-42. County Liability. (a) The degree of flood protection sought by the provisions of this Division is considered reasonable for r~gulatory purposes and is based upon acceptable ~ngineering methods of study. Larger floods may occur on rare occasions. Plood heights may be increased by man-made or n~tural causes, such as ice jams and bridge openings restricted by debris. This Division does not imply that areas outside the floodplain districts, or land uses permitted within such districts, will be free from flooding or flood damages. (b) This Division shall not create liability on the part of the County,' or any officer or employee thereof, for any flood damages that result from reliance on thi~ Division, or any administrative decision lawfully made thereunder. Sec. 21.1-43. Sec. 21.1-44 DIVXSION 4. R-SS R~SZDENTIAL DIST~ZC~. Purpose and Intent of District. Permitted uses--By right. The following uses shall be permitted by right in the R-88 District; {a) Single-family dwellings. {b) Churches and other places of worship, including parish houses, Sunday Schools and temporary ~svival tents (revival tents ~ubject to obtaining written permission from both the Police Department and Health Department). (c) Public schools, colleges, libraries and musetums. (d) Publicly operated parks, playgrOundS and athletic fields, including buildings and facilities customarily appurtenant thereto. Public and private forests, wildlife preserves and conservation areas. (e) Propagation and cultivation of crops, flowers, tre~s, and ~hrubs which ere not offered for sale. (f) Group care facilities. 89-336 i 21.1-45. Qsee PermittEd with Certain R~strictions, Sec. 21.1-46. Accessory Uses. The following a=c~s~ory use~ R-~8 District: shall be permitted in the tool and ~toragm buildings, (a} Pripate garages, g~rdsn, (b) ~ome occupations. (o) T~nnis ceurfis and similar rscrea~ion facilities. (d) Swimming pools and adjoining deck areas; provided, ~hat they ars entirely enclosed with a security type Zence or wall not les~ than four (4} feet in height; and provided, ths~ no swiping pool wall shall be located within six (6) feet of an adjacent lot in an R District (nor in a ~equired front or COrner sids yard). (~) Temporary buildings or t~ailers devoted to purpo~e~ incidental to con,traction ac~ivltie~ taking place on the pr~mise$; provided, ~hat ~uch building~ er trailers shall be removed ~pon completion or abandonment of Such work. Sec. 21.1~47. Conditional Uses. The following u~ may be allowed by subject to tbs provisions of Section 2t.1-9: Condltional USS, Stock farms. (b} A dwellinq unit ~eparated fram fha principal dwelling (e} Public and private profit-~aking clubs, golf courses, and other ~ecraational facilities. Planned developments. ~ass transportation. (f) Two-fnmily dwellings. (g) Hospitals, clinics, sanitariums, medical and dental laboratories. (h} Recreational facilities and grounds appurtenant %hersto. (il Private schools, colleges, libraries end museums. (j} Family day car~ homes, child care centers and kindergartens. (k) Boarding or lodqing houses. (l} Greek letter fraternitle~ or sororities operatin~ in conjunction wikh any collsge, university or community college. (mi Public and private utility uses, ~o lon~ as they require a ~tructure~ to include all wa%er, waste wa%er, solid wa~tm disposal, electric, gas~ communications, and nakural gas, liquified pe~releth~ gao (L~) and Detroleum produc~ transmissions facilities; in addition, natural gas, li~uified petroleum gas, and petroleum p~oducts transmiseion facilities above or belc~ ground. The following utility uses shall be permitted without obtaining a Conditional Use: publi~ wa~er and waste water lins~ and appurtcnance~ service lines to individual users; and cables, wires or pipes above or below ground when such uses are located in easements on public roads, or in public roads. Sec. 21.1-48. Special Exceptions. The following uses may be allowed by Sp¢clal Exception, subject to the provisions of Section Nonprofit legal servioe facilities. (b) Philanthropic and charitable institutions. (c) Nonprofit civic, social and fraternal clubs and lodges; nothing in this subsection shall be construed to include Greek letter fraternities or sororities operating in conjunction with any colleqe, university or community college. (d) Cemeteries, crematories and other places for the disposal of the dead. (e) Emergency rescue squad and fire station building~ and grounds. (f) Government buildings. (g) Greenhouses, hothouses and plant nurseries ab which the products thereof are sold Or of£ered for sale. (h) A business operated on a lot or parcel inside or outside of a dwelling unit or accessory building and net a home occupation; provided, that the owner or operator of the business resides on the premises. (i) A mobile home to be located for a period not to exceed nine (9) months; provided, that the location of such mobile home is necessary because the principal residence located on the premises has been rendered uninhabitable by fire or other act of God. (j} Back yard, attic and garage sales which exceed seven {7) days in duration. (k) Kennel, private. Sec. 21.1-49. Required Conditions. The following conditions shall be met in the R-88 District: (a) Lot area. Each primary structure together with its accessory structure~, hereafter erected shall be located on a lot havinq an area of not less than 88,000 square feet and a width of not less than 150 feet, except that where the lot fronts on a major arterial road, as shown on the General Plan, the lot width shall be increased to 300 feet. At the option of the applicant, the area of any lot not havinq direct access onto a major arterial road, as shown on the General Plan, as amended, may be reduced to not less than 43,560 square feet provided that thc total number of lots within the platted subdivision shall not exceed the total number of lots calculated as (1) Determine gross site area by actual on-site (2) Subtract land that is not oontiguous: a. Any parcel that does not abut, adjoin~ or share a ooK~on boundary with the rest of the development. 89-338 b, Land that is cut off from the main paroel Dy an existing road, railroad, existing development, or a perennial stream. (3) Subfract land area constituting roads and land within ultimate rights of way of existing roads {as defined by the Transportation (4) Subtract land within the limits of the bass ~lood area aa defined bI Section 21,1-36. (5) Subtract land previously used in calculating the denaity of other adjacent subdivisions. (6) Equals base site area. (7) Mul=iply base site area by: .5 Eguala total De--mitred lot~ or residential (b) P~rcentage of lot coverage. Ail buildings, including acceaao:y b~il~inge, on any lot shall not oever more than twenty (20) percent of the area of such a lot. {e) Front yard. ~ch lot shall have a ~ront yard havin~ a depth of not lees than seventy-five (75) feet. [d) Side yard. Each lot shall have two (2) ~ide each having a width of not less t-~an for~y {40) ~eet. {e) Corner side yard. Each corner side yard shall not be less than s~venty-five (751 feet~ except that a corner lot baTk to back with another corner lot shall ha~s a cornea yard not less than forty (40) feet. (f) ~. Each lot shall have a rear yard not less than f~fty (50) fee% in depth. Sec. 21.1-50. DIVISION £. R-40 R~SIDENTIAL DISTRICT. Purpose and Intent cf Dimtrlot, P~rmitted umeg--By Right, The following uses shall b~ per~itfed by right in the R-40 District: Those u~es permitted by right in the R=85 District. Sec. 21,1-52, Uses ~ermitted with Certain Restrictions. S~e. 21.1-$4, Conditional Uses. The ~ollowing uses may be allowa~ by Uses permit%ed in the R-8~ Diatriot. Sec. 21.!-55. Special Exceptions. The following uses may be Conditional Uee~ Those Conditional allowed by Special Exception, Section 21.1-14: Those uses 89-339 permitted as Spscial Exception in the E-88 District. Sec. 21.1-56. Required Conditions. The following conditions shall be met in the R-40 District: (a) Lot area. Each primary structure together with its accessory structures, hereafter erected shall be located on a lot having an area of not less than 40,000 square feet and a width of not less than 150 feet. (b) Pe~entass of lot coverage. Ail buildings, including accessory buildings, on any lot shall not cover more than twenty (201 percent of the area of such a lot. (c) Front yard, Each lot shall have a front yard having a depth of not less than sixty (60) feet. (d) Side yard. Each lot shall have two sid~'yards, each having a width of not less than twenty (20) feet. (e) Corner side yard. Each corner side yard shall not be tess than fifty-five (55) feet; except, that lots recorded prior to April 1, 1974, shall be only required to observe corner side yards of thirty (30) feet and a corner lot which is back to back with another corner lot shall have a corner side yard not less than thirty (30) feet. (f) Rear 3ard. Each lot shall have a rear yard not less than fifty~ feet in depth. DIVISION 6. R~25 RESIDENTIAL DISTRICT. Sec. 21.1-57. Purpose and Intent oi District. 21.1-58. Permitted uses--By Right. The following uee~ shall be permitted by right in the R-25 District: Those u~e~ permitted by right in the R-88 District. Sec. 21.1-59. Uses Permitted with Certain Restrictions. Sec. 21.1-60. Accessory Uses. The following accessory uses shall be p~rmitted in the R-25 District: Those accessory uses permitted in the R-88 District. Sec. 21,1-61. Conditional Use~. The following uses may be allowed as Conditional Uses in the R-25 District, subject to the provisions of Section 21.1-9: Those Conditional Uses permitted in the R-88 District. Sec. 21.1-62. Special Exceptions. The following uses may be allowed as Special Exceptions in the R-25 District, subject to the provisions of Section 21.1-14: Those uses permitted as Special Exceptions in the R-88 District. Sec. 21.1-63. Required ConditionsJ 89-340 The ~ollowing conditions shall be met in the R-25 District: (a) Lot area. Each primary ~truct~re, togethex with its accessory structures, hereafter erected shall be located on a lot having an af~a of not Ie~ than 2~,000 square feet and a front width of net lems than 120 feet. (b) Percentage of lot coverage. AIl buildings, including accessory buildings, on any lot shall net cover more than tWenty-five (25) percent of the area cf ~uch a lot. (c) Front yard. Each lot ~hall have ~ front yard having a depth of not lsss than fifty (50) feet. (d) side 3ard. Each let shall have two side yards, each having a width of not le~s than fifteen [15) feet. (s) C~rner s~dea~d. Each corner side yard ~hall no= be less than left,five (45) feet; except, that a corner lot back to back with another corner lot shall have ~ corner side yard not less than twenty-fi~e (25} feet. (f) Rear ~a~d. Each lot ~hall have a rear yard not 1~ than forty--~-~) feet i~ d~pth. DIVISION 7. R-15 RESIDENTIAL DISTRICT. PnrpOme and Intent of Di~tzict. 21.1-65. Permitted U~es--B¥ R~.. The following uses shall be permitted by right in the District: Those uses permittsd ~y right in th~ District. Sec. 21.I-66. Uses Permitted with Certain Restrictions. Sec. 21.1-67. Accessory Us~s. The following accessory u~es shall be permitted iD the R-15 District: Those accessory uses permitted in the R-~8 District. Sec. 21.1-6S. Conditional Uses, The following ~$~ m~y be allowed as Conditional Uses in the R-15 District~ e~bject to the provi~ion~ of Sseti0n 21.1-9: Those Conditional Uses permitted in the R-~S District, Sec. 21.1-69. Spsuial Excsptions. The following n~s may b~ allowe~ as Special Exceptions in the R-l§ District, subject to the provisions of S~ction 21.1-1~ Those uses p~rmit~e~ as Special Exceptions in the R-88 District. See. 21.1-70. Reguired Conditions. The following conditions shall be met in thc ~-15 District; (a) Required lot a~sa. Each dwelling, together with it~ aCCessOry buildings, hereafter erected shall be lccatsd on a lo~ having an area of not less than 15,0~Q square feet and a front width o~ not les~ than 100 feet. (b) Percentage cf lot coverage. Ail buildings, including accessory buildings, on any lot shall not cover more than thirty (30) percent of the area of such a lot. (c) Front yard. Each lot shall have a front yard having a depth of not less than forty (40) feet. (d) Side yard. Each let shall have two side yards, each having a width of not less than fifteen (15) feet; provided that on any lot which Was under one ownership as of December ll, 1945, which lot ha~ a front width of less than 100 feet and when the owner thereof owns no adjoining land, the width of each ~ide yard may be reduced to not less than fifteen (15) percent of the width of such lot, but in no event shall the width of either side yard on any lot having a width of sixty (60) lest or more be reduced to less than a width equal to one-half the height of the main building on the lot, nor shall the width of any side yard be lass than ten (10) feet. (e) Corner side yard. Each corner side yard shall not be less than thirty-five (35) feet; except that subdivision lots recorded prior to April 1, 1974, shsll observe corner ~ide yards not less than twenty (20) feet and a corner lot back to back with another corner lot shall have a corner side yard not less than twenty (20} feet. (f) Rear yard. Each lot ~hall have a rear yard of not less than twenty-five (25) feet in depth. DIVISION 8. R-12 ~SID~NTIAL DISTRICT. Sec. 21.1-71. Purpose and Intent of District. 21.1-72. Sec. Permitted USes--B~ Rights. The following uses shall be permitted by right in the R-12 District: Those uses permitted by right in the R-88 District. Sec. 21.1-73. Uses Permitted with Certain Restrictions. Sec. 21.1-74. Accessory Uses. The following accessory uses shall be permitted in the R-12 District: Those accessory uses permitted in the R-88 District. Sec. 21.1-75. Conditional Uses. The following uses may be allowed as Conditional Uses in the R-12 District, subject to the provisions of Section 21.1-9: Those Conditional Uses permitted in the R-88 District. Sec. 21.1-76. Special Exceptions. The following uses may be allowed as Special Exceptions in the R-12 District, subject to the provisions of Section 21.1-14: Those uses permitted as Special Exceptions in the R-88 District. Sac. 21.1-77. Required Conditions. The following conditions shall be met in the R-12 District: (a) Required lot area. Each dwelling, together with its accessory buildings, hereafter erected shall be located on a 89-342 front width of not less than ninety {S0) feet. {b) 9e~e~ntage of lot coverage. All buildings, including thirty {30) psrcent of the area of such a lot. (c) Front yard. Each lot shall have a front yard having a depth of not less than thirty-five (35) fset. (d) Side yard. Each lot shall have two side yard~, each having a width of not less than ken (10) feet. (e) Corner side yard. Each corner side yard shall not be less than thirty {30) feet; except a corner lot back to back (f$ Rear yard. Each lot ~halI have a rear yard of not less than twenty-five 125) feet in depth. DIVISION 9. R-9 Sec. 21.1-7S. Purpose and Intent of District. Sec. ~l.l-7B. 9er~itted Use~--~y Right. The following uses shall be permit:ed by right in the R-9 Distriot~ Those uses permitted by right in ~he R-88 District. Sec. 2t.I-BO. U~ Pe~itt~d with Certain Restrictions. Eec. 21.1-8t. AcceSSOry Uses. The follewfn~ aCCessory us~s shall be permitted in the ~is~rict: ~hose accessory uses permittsd in the R-8~ District. Sec. 21.1-82. Condi:ional Uses. The following uses may be allowed as Conditional U~es the R-9 District, subject to the provisions of SeC~iOm ~hcse Conditional Uses permitted in the R-88 District. Sec. 21.1~83. Special Exceptions. The following uses may be allowed as Special EIceptiens in the R-9 District subject to tbs previsions of Section 21.1-14: Those uses p~rmitted a~ Special '~×ception~ in the R-88 Distriut. Sec. 21.1-84. Required Conditions. The following conditions shall ~e met in the R-9 District: buflding~ h~reafter ~rected shall be located ca a lot hav~nq an area of not less than 9,QQQ square feet and a front width of not less than seventy-five (?5} feet. (b) Percentage of lot coverage. All buildings, including acesssory buildings, on a~y lot ~all net cover more than thirty ~30) p~rcent of the area o~ such a (c) Front yard. Each lot ~hall have a front yard having a depth of net less than thirty {30) feet. 89-343 (d) Side yard. Each lot shall have two side yards, each having a width of not le~s than seven and one-half (7 1/2) feet. (e) Corner side yard, Each corner side yard shall not be less than twenty-five (25) feet; except a corner lot back to back with another COrner let shall have a corner side yard not less than fifteen (15) feet. · (f) Rear yard. Each lot shall have a rear yard of not less than twenty-fi~ (25) feet in depth. DIVISION 10. R-7 RESIDENTIAL DISTRICT. Sec. 21.1-85. Purpose and Intent of District. 21.1-86. Permitted Uses--By Right. The following uses shall be permitted by right in the R-7 District: Those uses permitted by right in the R-85 District. Sec. 21.1-87. Uses Permitted with Certain Restrictions. Sec. 21.1-88. Accessory Uses. The following accessory uses shall be permitted in the R-7 District: Those accessory uses permitted in the R-88 District. Sec. 21.1-89. Conditional Uses. The following uses may be allowed as Conditional Uses in the R-7 District, subject to the provisions of Section 21.1-9; Those Conditional Uses permitted in the R-88 District. Sec. 21.1-90. Special Exceptions. The following uses may be allowed as Special Exceptions in the R-7 District, subject to the provisions of Section 21.1-14: Those uses permitted as Special Exceptions in the R-SS District. Sec. 21.1-91. Required Conditions. The following conditions shall be met in the g-7 District: (a) Lot Area. Each dwelling, together with its accessory building(s], hereafter erected shall be located on a lot having an area not less than 7,000 square feet and a front width of not less than fifty (50) fee%, provided that such lot was granted tentative subdivision approval prior to November 19, 19E5, and recorded prior to January 1, 1989. If such tentative approval is not renewed and expires or if a new subdivision is granted tentative approval after Nove~foer 13, 1985, each dwelling, together-with its accessory building(s), hereafter erected shall be located on a lot having an area not less than 9,000 square feet and a front width of not less than seventy-five (75) feet. (b) Percentage of lot coverage. All buildings, including accessory buildings, on any lot shall not cover more than thirty (30) percent of the area of such a lot. (c) Front yard. Each lot shall have a front yard having a depth of not less than thirty (30) feet. (d) side yard. Each lot shall have two side yards, each having a width of seven and one-half (7 1/2) feet; provided, 89-344 ~hat on any lot which was under one ownership on December 11, 1945, which log has a front width of less than fifty {~0) feet and when =he owner =hereof owns no adjoininu land, the width cf each side yard may be reduced to not I~$ th~n ten (10) percent of width of such let, but in nc event shall the width of either side yard on any lot be les~ than fiv~ {~) feet. (e) Corner side yard. ~ach corner side yard shall bs less than twenty-five (25) feet~ e~ceDt that subdivision lots recorded prior to April i, 1974, shall observe corner tide yards cf fifteen {15) feet and a corner lot back to back with another corner lot shell have a corner side yar~ no: less than fifteen (15] feet. (f~ Rear ~ard. Each let shall have a r~ar yard not than twen~yfive (~} feet in depth. Sec. 21.1-92. Manufactured or Mobile ~omes ~rohibitsd e×0ept under C~rtain Conditions. After January 1, 1973, no premises shall be used for location of manufactured or mobile homes; provided, that nethin~ he~ein shall prohibit a person who has Iota=ed a manufactured or mobile home in an R-7 District, by virtue of a permit previously grant~d, from applying for a reu~waI of said p~rmlt:' an~ provided ~ur=her, that after January 1, 1973, manufacture~ or mobile home p~rmit may bc greeted for the original location of a manufactured or mcbil~ home in an R-7 ~istrict by the BoaTd of Supervisors, which manufactured or mobile home permit shall specify the location of such home on the premises and assure compliance with health, and sanitary requirements of the Ccunty~ The manufactured o~ ~obile home pe~mih ~hall bm valid for a period net to exceed seven (7) year~. At the ~xpiretion of the time specified on the mann- lectured or mobile home permit, an application may be made for renewal of =he manufactured, or mobile home permit. DIVISION 11. R~TH R~I~NTIAL-TOWNNOUSR nI~T~ICT. Sec. 21.1~93. Purpose and Intent of Di~rlet. Sec. 21.1-94. Permitted Use$-i~y Right. Tho following uses shall be permitted by right in the R-T~ District= Townhouses. Sec. 21.1-95. Uses Permitted with C~rtain Restrictions. Sec. 21.1-96. Accessory Use~. The following accessory use~ ~hall be permitted in the R-TH District: (a) Propagation and cultivation of crops, flowers, trees, and shrubs which are not offered for ~ale. (b) Private gara~, %ool en~ ~%orege buildings, boat hcumes, piers and docks. (c) Non-commercial passive and ~ctive recreational facilities for community purposes. (d) ~om~ occupations. (e) Temporary buildings or trailers devoted to purpeseu incidental to construction activities taking place on the 89-345 premises; provided that such buildings and trailers shall be removed upon completion or abandonment of such wo~k. (f) Temporary real estate offices for the purposes of selling lots or townhouses within the development provided such office is removed upon eighty (80) percent of the recorded lots being sold. (g) Buildings and structures devoted to maintenance and groundskeeping purposes and equipment storage. Sec. 21.1-97. Conditional Uses. The following uses may be allowed as Conditional Uses in the R-T~ District, subject to the provisions of Section 21.1-9: (a) Child care centers and kinderqartens. (b) Planned developments. (c} Public and private utility uses, so long as they require a structure, to include all water, waste water, solid waste disposal, electric, gas, communications, and natural gae, liquified petroleum gas (LPG) and petroleum products transmissions facilities; in addition, natural gas, liquified petroleum gas, and petroleum products transmission facilities above or below ground. The following utility uses shall be permitted without obtaining a Conditional Use= public water and waste water lines and appurtenances; service lines to individual users; and cables, wires or pipes above or below ground when such uses are located in easements on public roads, or in public roads. Sec. 21.1-98. Special Exceptions. The following uses may be allowed as Special Exceptions in the R-TH District, subject to the provisions of Section 21.1-14: Reserve. Sec. 21.1-99. Required Conditions. The purpose and goal of the following conditions is to result in a development which protects against overcrowding, undue density of population, obstruction of light and air and which is attractive, convenient and harmonious. To this end, buildings should be designed to impart harmonious proportions and to avoid monOtonOus facades or large bulky masses. Townhouse buildings should possess architectural variety but enhance an overall cohesive residential character. Character should be achieved through the creative u~e of design elements such as balconies and/or terraces, articulation of doors and windows, sculptural or textural relief of facades, archi- tectural ornamentation, varied roof lines, or other appurtenances such as lighting fixtures and/or planting. Townhouse row~ of more than six (6) units shall be clustered and employ sufficient variety of setbacks between units to avoid monotonous facades and bulky masses. The following conditions shall be met in the District, except as specified in Section 21.1~100: (a) Lot Area. Each dwelling, together with its accessory building(s), hereafter erected shall be located on a lot having an area not less than 1,520 square feet and a front width of not less than nineteen (19) feet; except end units in townhouse groups or rows having less than five (5) units shall have lot area of not less than 2,320 square feat and a width of not less than twenty~nine (29) feet and end units in townhouse groups or rows havinq five (5) or more units shall have a lot 89-346 area of ne% less t~han 2,720 square feet and a width of not les~ than thirty-four (34) (b) ~r~ntag~ Of 10~ co,erase. All ~uildin~s, including accessory buildings, on any lot shall not ~over more than fifty (50) p~rcent cf the area of such a %ct. No accessory building except for a private garage on any lot shall cove~ more than 22~ square feet. (c) Front yard. ~ash lo~ shall have a front yard having s depth of not 1~ than twenty (20) fs~t. (d) Side yard. A side yard of not less ~han ten feet in width shall be provided for each end residence in townhouse group~ or rows having four (4) er lass units. %ownhouss groups having ~ive (5) or more units shall have minimum ~ide yard of fiftmen (15) feet. (e) Corner side yard. Each lot on a corner shall have corner side yard of ~o~ ~es~ th~n fluency-five ~25} feet. (f) Rear yard. sash lot shall have a rear yard having a depth of not less than twenty-five (2S} (g) Setbacks from major arterials. All buildings in the R-TH District shall have minimtlm fifty (50) foot setbacks from the proposed right~ of way cf major arterials as indict=ed on the General Plan. Group or row design. (1) The fatal number of unit9 within each attached group or row of tewnhouses shall be varied, but in no, case exceed ten (10) and shall be designed and sited as outlined herein. (2} Each townhous~ Bait shall have a varied buildin~ line of at least two 12) feet~ every third unit shall vary in front building line at least ~our (4) feet. ti) Minimum acreage required. Each ~ach townhouse development ~hall have ~ minimum of ten (i0) gross acres. (j) Density. Density shall not exceed eight (~) dwelling units per gross acre. Gross acreage is defined ae all land within the exterior boundaries of the tract on which the developmen~ is located including private lots, private drives, parking areas, recreational ar~a~ public streets and other public or ssmi-publlc uses established as part of the developn~ent plan. (k) Frontage on public street. All lots shall have frontage on a public street~ or access thereto by coat. On right of way within 500 feet. (1) Common area, A minimum of twenty (20) percent of total gross acreage shall be pro~ided as con%men open ar~a, exclusive of drlveways~ parking areas, and recreational areas. Within this area, a minimum common area of fiv~ (5) fee~ of all lo~ except ~he side, front and rear of any lot or lots fronting or ~butting a public (~) CO~Qn areas and ownership o~ property. Co. on areas individual owners, shall be maintained by and be the ~ole reuponuibility of the d~veloper-owner of the tQwnhouse development until such ti~e as ~he developer-owner conv~ys ~uch co.on area to a nonprofit corporate o~er who~e members shall be all of ~he 'individual o~ers cf townhouses in the under Section 5S-79.1 et seq. Df the Code of Virginia. SUch 89-347 land shall be conveyed to and be held by such nonprofit corporate owner or such nonprofit council of co-owners solely for recreational and parking purpoeee of the owners of the individual townhouee lots in such townhouse development. In the event of such conveyance by the developer-owner to a nonprofit corporate owner, deed restrictions end covenants, in form and substance satisfactory to the County Attorney, shall provide, among other things, that any assessments, charges and casts of the maintenance of such common areas shall constitute a pro rata lien against the individual townhouee lots, inferior in lien and diqnity only to taxes and bona fide duly recorded deeds of trust on each towD_house lot. An applicant, seeking to subject property to townhouse development under this Article whose ownership or interest in the property is held by a valid leaee, shall provide for an initial term of not less than ninety-nine (99) years in such lease. (n) Recreational area required. An area conveniently accessible tc and included within the development of not less than ten (10) percent of the gro~s acreage ~hall be provided ~or suitable recreational use by the occupants, and in no event shall less than one and one-half (1 1/2) acres be provided. Recreational facilities, including active and passive recreation and community buildings shall be provided, as deemed appropriate during tentative subdivision approval. Issuance of occupancy permits for townhenses shall be in conjunction with the phasing of recreational facilities in accordance with the approved subdivision plan. (o) Architectural plans and landscaping plans. In conjunction with schematic plan ~submission, architectural renderings/elevations and landscaping plans shall be submitted to the Planning Contmisslon for approval. Sec. 21.1-100. Exemptions. (a) Sections 21.1-94 through 21.1-99 shall not apply to lots in the R-TH District which: (1) had an unexpired tentative subdivision plat on November 13, 1985, provided that the tentative subdivision plat has been properly renewed in accordance with the Subdivision Ordinance; or (2) had a subdivision plat recorded prior to November 13, 1985. (b) Where the provisions of subsection (a) apply, the following shall be required: (1) Permitted Uses~~B¥ Right. The following uses shall be permitted by right in the R-TH District as referenced in this Section: Townhouses. (2) Accessory Uses. The following accessory uses shall be permitted in the R-TH District: Those accessory uses permitted in the R-88 District. (3) Conditional Uses. The following uses may be allowed as Conditional Uses in the R-TH District, subject to the provisions of Section 21.1-9: Those Conditional Uses permitted in the R-88 District. (4) Special Exceptions. The following uses nay be allowed as Special exceptions in the R-TH District, subject to the provisions of Section 21.1-14: Those uses permitted as Special Exceptions in the R-88 District. (5) ~uired Conditions. The following conditions shall be mat in the R-TH Dist~lct as referenced in this Section: 89-348 a. Lot area. Each dwelling, togs%her with its ancessory buildinqs~ hereafter erected shall be located on a lot having an area cf not less than t,520 square feet and & front width of not less than nlnete~n (19) feet, except end units which shall have a let area of not less than 2,320 square feet and a width of not le~s ~han twenty-nine (29) feet. b. ~eroentag~ of lot coverage. All buildings, including accessory buildings, on any lot shall not cover more than forty (40) percent of th~ area of such lot. No accessory building except for a private garage on any lot shall cover more than 100 square feet. e. Front yard. ~ach lot shall have a front yard having a depth of not less than twenty-five (25) feet. d. Side yard_ A ~ide ya!d of not less than ten (10) feet in width shall be provided for eac~ end residence in the building; except, that corner side yard~ shall be not less than twenty-five (25} feet. e. Rear vard. ~aeh lot shall ha~e a rear yard of not less thaa twenty-five (25) feet in d~phh ~easured from the rear main building line. f, Setbacks ' for buildln~s from ma~or arterials. Alf~nildinqs~n the R-T~'Di~trict eha!l have minimum fifty (50) foot setbacks from the proposed rights of way of majo~ arterials a~ indicated on the General Plan, as amended, subject to the provisions of s&ction 21.1-235, Section 21.1-236. g. Common areas. A minimum co,on area of (10) ten feet in width shall be provided for each exposed side, ~rent 'and rear of all lots of a blo=k, e~=ept the side, ~ront and rear of any lot or Io~s fronting or abutting a public street. h. Limitation on n~glber of units. Th~ number of nn~t~ in a group of attached townhcuses shall not exceed ten i, Common area~ and ownershi~ of ~ropert the event co~u~on areas ara provided which are. not contained in lets or ~ree%a conveye~ to indlvld~al owners, such common areas shall be maintained by and be the ~ele responsibility of =he devsloper~own~r of the townhonse development until such time as the ~eveloper-owner c0nvey~ such common area to a nonprofit corporate owner whos~ members shall be ~11 of the individual owners of townhousea in the townho~se development o~ to a nonprofit council of co-owners as pro¥~d~d under Section 55-79.1 e~ seq. of the Code of Virginia. Such land shall be conveyed te an~ be held by such nonprofit eerporat~ owner or such nonprofit council of ed-own=rs solely for recreutlonal and parking of =he owners of the in~iviOual townhouse lots in ~uch townhe~se development. In the event of ~uch conveyance by ~ke ~eYeloper-owner to a nonprofit corporate owner~ deed restrictions and covenants, in form ~d substance satisfactory tQ the Cu=nty Attorney, shall provide, among pro rata lien against the individual ~ownhease lets, inferior in lien and dignity Only to taxms and bona fide applicant, seeking to subject property to townhou~ in the property ie held by a valid lease, shall provide ~9-349 for an initial term of not less than 500 years in much lease. j. Density. Density of development shall not exceed ten (10) dwelling units per gross acre. Gross acreage is defined as all land within the exterior boundaries of the tract on which the development is located including private lets, private drives, parking areas, recreational areas, public streets and other public or semirpublic uses established as part of the development plan. k. Minimum acreage required. Each such townhouse development shall have a minimu~ gross acreage of not less than ten (10) acres. 1. Frontage on public street. Whenever the plan for townhouse pro,oct provides for other than one individual ownership, all lots shall have frontage on a public street or access thereto by common right of way within 500 feet. m. Recreational area required. An area conveniently accessible to and included within the townhouse development of not less than ten (10) percent of the gross acreage shall be provided for suitable recrea- tional use by the occupantm of the fownhouse development, and in no event shall less %hah one and one-half (1 1/2) acrem bm so provided. A site plan of the recrmational facilities shall be submitted to the Director of Planning for approval and incorporated in the master deed as approved before recording. Occupancy permitm for townhouses shall be issued only when the recreational facilities have been completed according to approved plan, or when the whole project, including recreational facili- ties, has been fifty (50) percent completed, or when the developer-owner furnishes bond with approved surety to the County satisfactory to the Director of Planning and County Attorney. n. Setback for driveways and parking areas. Ail private driveways and parking areas shall be at least fifty (50) feet from the proposed rights of way of major arterials as indicated on the General Plan and fifteen (15) feet from all other rights of way of any other existing or proposed public road. DIVISION 12. R-~iF MULTI-FA~4ILY RESIDENTIAL DISTRICT. 21.1-101. Purpose and ~ntent of District. Sec. 21.1-102. Permitted Uses--By Right. The following uses shall be permitted by right in the District: Multiple-family dwellings. Sec. 21.1-103. Uses Permitted with Certain Restrictions. The following accessory uses shall be permitted in the R-MF District: (a) Private garages, gardens, tool and storage buildings. (b) Memo Occupations. 89-350 [c} Non-commercial pa~sive and active facilities for community purpose~. (d) Management office and maintenance buildings. (e) Temporary bnildinqe er trailers devoted to purposes incidental to construction activities taking place on premieee; provided that such b~ildin~s or trailers shall be removed upon ~o~pletion or abandonment of such wo~k. Sec. 21.1-10§. Conditional Uses, The following uses may be allowed as Conditional Uses in the R-MF District, subject to the provisions of S~ction 21.1-9: Child care centers and kindergarten~. {b) Planned developments. {C) Public and private utility uses, so long as require a structure, to include all water, waste water, eclid wast~ disposal, electric, gas, communications, and natural gas, liquified petroleum ~as [LPG] and petroleum products transmissions facilities; in addition, natural 9a~, liquified ~e~roleum gas, and petroleum products transmle~ien facilities above or below ground. The following utility uses shall be permitted wi%hour obtaining a Conditional Use! public water and waste water lines and appurt~nan=e$~ ~ervice lines to individual users~ and cables, wires or pipes above or b~low ground when such uses are located i~ easements on pub!in roads, er in puhlle roads. Sec. 21.1-106. S~ecial Exceptions. The following uses may be allowed as Special Exceptions in the R-MF District, subject to ~he provisions o£ Section 21.1-I4: eec. 21.1-107. Re,sired Cendition~. The purpose and goal o~ the following couditions is to create a development which ~roteets against overcrowding, undue density of population, obstruction of light and air, and whlsh is attraceive, convenient and harmonious. To this end, buildings should be designed to impart harmonious proportions and to avoid monotonous facades or large bulky masse~. Buildings should possess architeutur~ variety but enhance an overall cohesive residential character. Character shall b~ achieved through the creative use ef design elements such as balconies and/er terraces, articulation of doors and windows, sculptural cr textural relie~ o~ facades, architectural erna~snta=ion, varied rsc~ line~ or other appurtenances such as lighting fix%urns an4/or planting. The following development standard~ ~hall be met in the R-~F District except as specified in Section 21.1-108. (a} Parcel area and density. The minimum parcel size shall be twenty (~0) acres. The density of the development shall not exceed ten (!01 dwelling units per gross acre. (b) Per,enrage of parcel coverage. Ail buildings, including accessory buildings, On any parcel shall not cover more than forty (40} percent of the area of such parcel, No accessory building except for private garages and recreation, maintenance and management office buildings on any parcel shall cover more ~an 100 square feet. 89-3~1 (c) Dwelling unite. The total number of dwelling units on any one (1) floor level of a buildinq shall not exceed ten (10). (d) Setbacke from roads anN ~ropert¥ lines. Ail etructures shall be set back a minimum of twenty-five (25) feet from interior private driveways. If the structure is forty-eight (48) feet or more in height, the eetback may be reduced to twenty (20) feet where adjacent to a fire lane. Structures shall be set back at leaet fifteen (15) feet from any parking space and at leas~ fifty (50) feet from any proposed right of way of a public road. All etructuree shall be eat back a minimum of fifty (50) feet from all property lines, unless adjacent to another Multi-family Reeidential District, in which case a minimum eetback of at least thirty (30) feet will be maintained. Apartment buildinge conetructed along adjacent cr internal public road(s) shall front that road(s). (e) Dietance between buildings. The minimum distance between buildinge ehall be thirty (30) feet plus five (5) feet for each story above three (3) gtorieg. (f) Sidewalks. Sidewalks shall be provided and shown on the plan submitted for schematic plan approval. (g) Drivewaye and parking areas. All reade, drivewaye, and parking areas shall have concrete curbs and q~tters. All private driveways and parking areae ehall be at least fifteen (15) feet from the right of way line of any existing or proposed public road, except thoee roads indicated on the General Plan as major arteriale where the eetback ehall be increaeed to fifty (50) feet eubject, however to the provieione of Section 21.1-235 and Section 21.1-236. (h) goade. A eecond road access (public or private) shall be deeigned and conetructed Lo a public road prior to occupancy of mere than ~ifty (50) unite. Additional accee~e~ may be required where more than 200 units are constructed to be determined by the Planning Commission at the time of schematic plan approval. As used herein the term "access roads" ehall be those roads which connect resid~ntlal clusters to public roads. Access reade shall have a minimum pavement width of thirty (30) feet. Ail other private streets and driveways shall have a minimum width of twenty-four (24) (i) Recreation area required. An area conveniently acceeeible to 'and included within the development of not than ten {10) percent of the gross acreag~ shall be provided for suitable recreational use by the occupante, and in no event shall lees than one and one-half (1 1/2) acres be provided. R~creational facilitiee, including active and paeeive recreation and community buildinge ehall be provided, as deemed appropriate during echematic plan approval. Ieeuance of occupancy permite for multi-family dwelling units shall be in conjunction with the phasing of recreational facilitiee in accordance with the approved echematic plan. (j) C.ompatibility with adjacent properties.. Compatibility between any multiple family project and adjacent properties shall be ineured by providing a buffer area as required through echematic plan approval. Sec. 21.1-108. Exemption~. Sections 21.1-102 through 21.1-107 shall not apply to undeveloped proj~cte which had valid zoning and a valid site plan approval on November 13, 1985, provided that the cite plan approval remains valid according to Section 21.1-272 (k). Exemptions shall be granted to permit these projects to be developed according to conditions of zoning and site plan approvale. 89-352 Sec. 21.1-10~. Purpose and Intent of D/strict. Soo. 21.1-110. Per~it=sd Uses--By Right. The following uses shall be permitted by right in the ~H-1 District: Man, featured or mobile home park~. Sec. 21.1-11I. Use~ Permitted with certain Restrictions. Sec. 21.1-112. Accessory Uses. The following accessory use~ shall b~ perm±tt~ in the MH-1 District: (a) Any accessory uses permitted in the R-88 District. (b~ Private tool and storage buildings. Sec. 21.1-113. Conditional Uses. The following uses may be allowed a~ Conditional U~e~ in the MH~I District, subject to the provisions of ~ection 21.1-9: Sec. 21.1-11~. Special Exceptions. The following uses may be allowed as special exceptions in the MEal District, subject to the provisions of Section 21.1-14: None. Sec. 21.1-115. Required Conditions. (a) Park access. A manufactured or mobile home park of more than ten |1~) acres ~hall have ~0re than one (1) street (b) ~ront yard. required. The minimum fron~ yard of man, factored or mobile home park ad~acent to a public street shall bs fifty (50) feet, ~ueh distance to be measured between the front property line and the nearest manufactured or mobile hem~ er other structure. rear yard~ of a manufactured or mobile home park shall be fifteen (!D} feet, such distance to be measured between the park property line and ~he nsarezt manufactured hems, mobile hems or other structure except aloRg park property lines which are ad~acent to a natural drainage area o~ a limited highway, side and rear yards shall contain a screen, fence Or landscape planting which shall be designed and planted to be fifty (50) percent er more solid when viewe~ horizontally between two {2) and six (6) feet above average ground level. (~) Density requirements. Density o~ development ~hall be limite~ to no more than eight (~) units per acre of gross park area. Each site or space for an indivldual unit ~hall not be less than 4,QOO eqmare ~eet in area and forty-fo~r (44) feet wide~ ~xc~pt, that a space for a doubl~-wide manufacture~ or mobile hom~ unit shall no% be le~m than fifty-six (56) feet wide. (e} Spacing requirements. Unit~ sh~ll b~ placed in spaces so that, at the nearest point, they zhell be at least twenty (20) f~t from all driveways, eight (8) feet from detached enclosed carport~ (garages~, and ~ixt~en (16) fe~t ~9-353 from any other mobile home, or attachment thereto, or other buildings. Per the purpose of the spacing requirements, a manufactured or mobile home includes any attached, enclose~ structure. Detached enclosed carports (garages) and storage structures are not considered to be part of the manufactured or mobile home nor are attached unenclosed awnings, porches and carports. If) Recreation area required. At least ten (10) percent of the gross park area shall be designated and reserved for suitable recreational area. Fifty (50) percent of such areas shall be provided outside of any established floodplain end shall have a slope of not more than five (5) percent. {g) Placement. All manufactured or mobile homes shall be placed in a designated space and shall not obstruct the use of, or overhang, any driveway, walkway or public utility easement. (h) Parking. At least ~wo (2) parking spaces (nine (9) feet by eighteen (18) feet) ehall be provided for each manufactured or mobile home space on, or adjacent to, or in a consolidated parking area within sixty {60) feet of the manufactured or mobile home space. All required parking areas shall be of hard surface~ dustleas construction. (i) Driveways. All manufactured or mobile home spaces shall abut upon a driveway of not less than twenty-four (24) feet in width or a parking area adjacent to a driveway. Driveway parking is prohibited. Driveways shall have unobstructed access to a public street or highway. All drive- ways shall be of hard surface, dustless construction. (j) Underground utilities. All telephone, electrical distribution, water, fuel, and other utility lines shall be placed underground in a manufactured or mobile home park. All sanitary waste water connections for a manufactured or mobile home shall be beneath the manufactured Or mobile home. (k) Refuse disposal. The storage and collection of refuse shall be so managed as to not create a health or fire hazard. All refuse shall be stored in fly proof, watertight, rodent proof containers which shall be provided in sufficient capacity. The park management shall be responsible for the collection and proper disposal of all refuse. (1) Plans required. Every application for the construction, operation, maintenance and occupancy for a manufactured or mobile home park shall be accompanied with plans and specifications, fully setting out the spaces, motor vehicle parking spaces, the driveway giving access thereto, a plan of landscaping and providing a connection to a sanitary waste water treatment system for each and every manufactured or mobile home. Before any permit is issued for a manufactured or mobile home park and the use thereof, the plans and specifications shall first be approved in accordance with Article 9. (m) Wind protection. Four I4) or more tie-down rings shall b~ placed underneath the manufactured or mobile home so that the area outlined by the tie-down rings shall include not less than 400 square feet. The rings shall be anchored and the manufactured or mobile home appropriately attached thereto so that a manufactured or mobile home tied to them will net pull the rings out of the anchor when the manufactured or mobile home is subjected to wind gusts of seventy-five (75) miles per hour striking the mobile home broadside and parallel to the ground. (n) Skirts required. Ail manufactured or mobile hemes shall be completely skirted. 89-354 DIVISION 14. MH-2 MANUFACTURED OR MOBILE ~©~ SU~IVISZON DISTRICT. Sec. 21.1-117. Permitted Uses--By Right. The following uses shall be permitted by riqht in the M3~-2 District: (a) Those u~es permitted by right in the R-88 District, ex.spt single family dwellfnqm. (h) ~anufaotured or mobile home subdivisions. See. 21.1-118, Uses Permitted with Certain Rmstrictions. Sec. 21,1-119, Accessory The following accessory u~e~ ~hall be permit%ed in the NE-2 District: Those accessory uses permitted in the R-88 Dis~ic~. Sec~ 21.1-I20. Conditional U~es. The following usam may be allowed as Conditional Uses in the M~-2 Diztric~, subject to =he previeione of Section 21.1-9: Tho~e Conditional Uses permitted in the R-~ District. Sec. 21.1-121. Special Exc~p=ions. The iollowing umem may be allowed as speuial exceptions in ~he MM-2 District, subject to the provisions of Section 21.1-14: Those uses permitted as mpecial exceptions in the District. Sec. 21.1-122. Re~uired Conditions. (a) Required lot area and width, Each lot shall be not less than 7,000 square feet in area and fifty (50) feet in width, measured at a tine thirty (30) fmet from the front property line; except~ that a lot for a dcubl~-wide f&cturcd or mobile home mhalI not be less than sixty (60) wide. (b) Re~i~ed side yards. ~aoh lot shall have a side yard of maven and 0ne-half (7 1/2) feet except wb~r~ a side yard is adjacent to a public s~ree=, th0n such side yard shall thirty (30) feed. (c) Required front and rear yard. ~aeh lot shall have a minimum rear yard of thirty ~30~ feet and a minimum front yard of thirty (30) feet. (d) Greenbelt. A manufactured or mobile home subdivi- sions shall have a greenbelt planting 9trip not less than twenty (20) feet in width, along all subdivision boundaries which do not include p~blic streets, natural floodplain or drainage aream, or limited access highways. (e) Subdivision minimum size and plat. Every manu- factured or mobile home subdivision shall have a minimu~ size o~ five (5) acre~ an~ every subdivieien ~lat proposed under the provisions of thi~ Division shall, ~xcept as provided herein, comply with the provimions of the County Subdivision Ordinancu and if not sooner submitted, Ehall he submitted with each ~oning application requesting an ~H-2 District classification. 89-355 (f) Wind protection. Four (4) or more tie-down rings shall be placed underneath the manufactured or mobile home so that the area outlined by the tie down rings shall include not less than 400 square feet. The rings shall be anchored and the manufactured or mobile home appropriately attached thereto so that a manufactured or mobile home tied to them will not .pull the rings out of the anther when the manufactured or mobile home is subjected tO wind gusts of seventy-five (75) miles per hour striking the manufactured or mobile home broadside and parallel to the ground. DIVISIO~ 15. A AGRICULTURAL DISTRICT. Sec, 21,1-123. Purpose and Intent of District. Sec. 21.1-124. Permitted Uses--By Right. The following uses shall be permitted by right in the A District: (a) Same as specified for R-88 District. (b) Farming, not including stock Or dairy farming, but including all buildings necessary to such use and the keeping, (c) Forestry operations and sawmills together with the incidental uses thereof. (d) Graveyards. (e) Kennel, private. Sec. 21.1-125. U~es Permitted with Certain Restrictions. The following uses shall be permitted in the A District subject to compliance with ~he following conditions and other applicable standards of this Chapter. (a) Stock or dairy farms provided that the lot or parcel has not less than three (3) acres. If this restriction cannot be, these uses may be allowed by Special ~xception. Sec. 21.1-126. Accessory Uses. The following accessory uses shall be permitted in the A District: (a) Those accessory uses permitted in the R-88 District. Ih) The sale er offering for ~ale, by the owner or tenant, of any form of goods produced on such farm including the construction o£ a greenhouse, hothouse, plant nursery, stand or shelter for this purpoee. Sec. 21.1-127. Conditional Uses, The following uses may be allowed by Conditional Use, subject to the provisions of Section 21.1-9: (a) Same as specified for R-88 District. (b) Sand, clay and gravel pits, granite quarries, mines and ether operations for the mining of materials and removal of natural earth re$ource~ from the earth or subsoil, subject to the r~gulations that are specified in Section 21.1-195(b). (c) Sanitary landfill operations. 89-356 (d) Qutdeor ~ecr~ational cstablish~entso Airports. {f) Landfills Construction/Demolition/Debris only subjec~ tQ the following minimum restrictions plus any addi- Supervisors: Permitted Waste Types Waste classi£ication Dsbris D~molltion Waste the Inert taste Waste Types Stumps, wood, brush and leaves from land clearing Operations Lumber, wire, ~heet- rock, brick, shinqlez, glass, pipe, concrete, metal, plastics oM any such matsriuls. Waste produced from destruction of struc- tures and their foundations, including Concrete, broken brick, brick, blocks and r~bble. shall be maintained area and adjacent Buffers and 8etback~ a. A 100 foot buffer between any disturbed property. b. A 100 foot buffer chall be maintained be=ween any disturbed ares and any wetlands, 100 year floodplains, or flowing streams. c. A ~00 £oot ~uffer shall he maintained between any di~hn~bed area and any residential, recreational or school use or any property zoned Agricultural (A) and designated on the G~neral Plan d. A 200 fooc setback shall be maintained from any active water z~Dpty well. |3) Cell DeSigns a. A cell liner equivalen~ to twelve (12) inches of impermeable clay (1 x 10" eM/SEC) ~hall b= installed. b. A synthetic liner may be substituted for the clay liner noted in (a} above if the synthetic liner is installed over a twelve (12) inch soil cushion. c. An eighteen (18~ inch sand drainage blanket shall be installed over the liner. d. A fi~e (5) foo~ separation shall be maintained from the waste mater~al to the Seasonally high gronndwaker table as de%ermlned hy field 89-357 e. The minimum liner centerline slope shall be one (1) percent unless otherwise approved by site plan review, f. Tho minimum liner cross slope shall be one-half (0.5) percent unless otherwise approved by site plan review. g. A final cap shall be installed over each cell that shall include the following: 1. Twelve (12) inches of7 compacted clay with a permeability of 1 x 10- CM/SEC or its equivalent. 2. Twelve (12) inches of soil (minimum) for final grading. 3. Twenty-four (24) inches of compacted soil for vegetative cover. (4) Access Road a. The entrance road, taper and turn lanes shall be paved in accordance with Virginia Department of Highway Standards. b. The entrance road shall be paved from its intersection with a public road to the gate house. c. Adequate stacking capacity for vehicles shall be provided on-site. d. Beyond the gate house, any area to be accessed by vehicles shall have an all weather surface designed to support truck traffic. e. The access road shall be eecured and locked so as to preclude access to the site when not opened for operation. (5) Access Control a. A full time gate attendant shall be present at the gate when the site ie open and receiving debris. b. The gate attendant shall inspect all leads from an elevated platform which permits visual inspection into the load. c. The gate attendant shall keep a log of all waste loads received at the site that includes the following minimum information: 1. Date 2. Mauls: 3. Estimated volume 4. Type of waste 5. $cure~ of waste (subdivision, develop~ ment or location) 6. Cell location for burial d. Ail loads suspected of containing material other than that permitted shall be turned away. e. The entrance gate shall be locked at all times that the gate attendant is not at the gate. 89-358 f. Fencing, berms and other barriers shall installed at all locations on =h~ property that would permit the unauthorized entrance onto the ~ite. g. The equipment operator ~hall separate all materials other tAan that permitted for identifica- tion before pnshing into working face. Any unauth- oris~d materials shall be removed from the site and placed in a site licensed to handle such material. Drainage and ~roeion Control a. Adequate channel evaluations, a~ d~t~mined improvement~ and evaluation of on-gite and off-site policies. d. ~!1 ~enuded slopes that will he e×Dosed for period~ in excess of nin~ty (90) days shall hav~ proper silt fencing and shall ba ~eeded in the fall. e. Soil stock pile areas shall have silt traps and fencing. ~hall be plao~d over the working fae~ on a weekly b. Debris shall be spread in shallow layers and compacted. (8} ~quipment a. The operator shall have suitablm equipmen= for operating the site and performing the following operation during a period of equ£pmen~ breakdown. The function~ to be performed ar~: control Personnel a. The operator ~hall he responsibls for maintaining the appropriate personnel %0 operat~ the site efficiently and effectively. A% all timem, that the gate is opened and the si~e i~ ~ecaiving waste, the ~a~ attendant shall be on d~ty and a heavy 89-359 equipment operator ~hall be spreading and compacting the waste. (10) Groundwater Monitoring a. The operator shall be responsible for the security of monitorinq well(s). b. The wells shall be secured with steel casinqs and locked. c. The wells shall be sampled in accordance with the permit and operations plan. d. The results of all groundwater monitoring shall be reported directly to the County from th~ analytical testing laboratory. (11) Leachers Contingency Plan a. In some instances leachers collection and treatment may be installed On a contingency basis, when and if a leachers problsm dsvelops. b. The epcrator shall notify the Ceunty when any leeehate discharge is released and the procedures that will be employed to contain it prier to removal. e. The contingency plan shall be on file with the County prior to the start~up of the disposal operation. (12) In addition to the information required for the submission of a Conditional Use application, the following information ~hall be submitted for any Conditional Use application for the location and operation of a debris landfill. a. Location Map at an appropriate scale showing all of the following characteristics within 1000 feet of ths property boundaries of the proposed project. 1. 2. 3. 4. 5. Surface water supply intakes Watershed protection zone~ Wetlands 100 Year floodplain 6. Surfucs impoundments and freeflowing streams 7. Site topography 8. Private or public wells 9. Public roads 10. Public facilities 11. Residences and occupied structures b. Zoning and Property Map at the same scale e. Hydrogeologic Report prepared by a hydro- geologist of the ~ite including the following information: 1. Hydrogeologic and soil characteristics of the site 2. Vertical profile of soil to a depth twenty (20) feet below the proposed floor of the landfill or to bedrock, whichever is less in accordance with the following: Acreage of Fill Area Total Number of Borings Less than 10 4 89-360 10-49 50-99 100-20Q MOZe than 200 3, Water level slevations location at least twenty four I24) the field observation~ were completed proposed floor of the landfill 5. statement on suitability of soils for use a~ a liner 14 24 % 1 boring for each addtional l0 acre~ ~cr each hours after at the the site 6. Map showing %he direction of ground- water flow d. Report and engineering drawings prepared by a qualified landfill professional describing: l. Sources and quantities of waote to be handled 2. Proposed location and limits of operational area Entrance location and traffic impact 4. Proposed buffer~ from ~acent proper- 5. Proposed depth and height of disposal operation 6. Description of the site liner, leachers collection and re~evai s~stem 7. Proposed life (y~a~$} of this site minimise site impacts in ~he ~ellowinq protection; noise, dus~, litter an~ water quality control~ and ~as migration. {g~ Any permitted or Conditiona~ Use allowsd.in the C-5 or I-3 Districts. Sec. 21~1-128. Special Exceptions. The followinq us~s may be allow~ by Special Exception, subject to ~he provisicnm of Section (a) same as specified ~or R-SS District. (b) I~dividual manufactured or mobile homes for a period not to exceed scv~n (7) years. At th~ ~xpiration of the seven (7} year period, application ~ay be made for renewal of the Special Exception. (c) Stock or dairy farms when the lot or parcel has less th~n three 13) acres. Sec. 21.1-1~9. Required Conditions. The following conditions shall be met in tbs A Diztrict~ 89-361 Sa~e as specified for (a) ~ercenta~e of lot coverage. R-88 District. (b) Front yard. Same as specified for R-88 District. (c) Side yard. Sa~e as specified for R-88 District. (d) Corner side yard. Same as specified for R-88 Distriot. (f) Rear yard. S~me as specified for R-88 District. Required lot area. Each primary structure together with accessory structures, hereafter erected shall be located on a lot having an area of net le~s than 43,560 square lest and a width ef not less than 150 feet. (q) Exemptions. The requirements of Section 21.1-128 shall not apply to any lot of record created prior to May 26, 1988 when the owner thereof owns no adjoining land. Lots exempted from Section 21.1-128 shall co~ply with the require- ments of Section 21.1-70. DIVISION 16. 0-1 NEIGHBORHOOD OFFICE DISTRICT. Sec. 21.1-130. Purpose and Intent of District. (a] The purpose and intent of the Neighborhood Office (O-1) District is to permit limited professional and administrative offices and similar uses to be developed as a trans±tion between conlmercial/industrial uses and residential neighborhoods. Developments within this district should not generate excessive traffic volumes or truck traffic nor create undue noise or glare beyond lot lines and should be compatible with adjacent residential developments. Sites should be designed to insure maximum compatibility with, and minimal impact on, existing and future residential development in the area. (b) The O-1 District should generally be located along minor arterial or collector streets, but not at arterial road intersections. In addition, this district may also be located between commercial/industrial districts and existing or pro- posed residential developments. See. 21.1-131. Permitted Uses--B~ Right. Within any 0-1 District, no buildings, structures er premises shall be used, arranged, or designed to be used except for one or more of the following uses: (a) Offices: business, governmental, medical, or profes- sional. (b) Libraries. (c) Brokerages. (d) Churches and/or Sunday Schools (e) Convalescent homes, nursing homes, rest homes. [f) Group care facilities. (g) Museums. (h) Nursery schools, child or adult day care center~, and kindergartens. (i) Propagation and cultivation of crops, flowers, trees, and shrubs which are not offered for sale. 89-362 (j) Public and private ~orests, wildlife preserves and (k) Travel agencies to includ~ t~avel arzanging and transportation ticket services. (1) Underground utility ~ces except as provided in Section 21.1-132(g], when such uses are located in easements, ur in public road~ right~ of way. sec. 21.1-132~ Uce~ Permitted with Certain R~strictions. The following uses shall be permitted in the 0-1 District subject to ~emplia~ee with the £ollewing conditions and other applicable standards of this Chapter. If the following r~trietiOn$ cannot bs mot, these uses may be allowed by Conditional Usa, subject to the provisions of Section 21.1-9: (ap M~dic~l clinic~ ~xovided that ~either the business nor the building is designed to accommodate ambulance traffic. (bp Optometrist sales and ~ervise provided that: (1) The sales and servicing of eyewear is done by an Optometrist as an accessory use in conjunction with medical practica; (2) ~ot more than fifteen (I5) percent of the ~ross floor area may be devoted to ~uch sales ~e~ s~zvices. (c) Public or privat~ parks, playgrounds and/or fields provided that: (1) Organized sports leagues shall not be permitted on playfields, courts or similar areas. (1) Playfield~, courts or similar active reurea- tionaI uses shall be~ located a minimum of t00 feet from adjacent propsrtie~ zoned fe~ residential purposes or zoned agrieultn~al and shown on the setback required above ~hall be landscaped per (dp Pharmacies provide~ that: (1) The use shall be lecate~ in a building sontaln- ing other m~dical ~ervices; and (2) The ~se shall not hav~ ~ separate oDt~a~ce to the outside. (e) Temporary construction trailers/buildings provided that: {1) The temporary structure shall be devoted exclu- and {~) The temporary ~tructur~ shall be removed upon conviction or abandonment of construction activities. (f) Veterinary offices provided that: (1) No board is permitted; {2) No o~tside funs are permitted; and (3) ~o overnight care is permitted. (g) P~blic and privat~ utility uses, so long a~ they require a struefiure~ to include all water and waste w~ter 89-363 pumping stations; electric, gas, communications, and natural gas, liquified petroleum gas (LPG) and petroleum products transmissions facilities; in addition, natural gas, lic~uificd petroleum gas, and petroleum products transmission facilities above or below qround, provided that all such uses which are visible from adjacent residential or office zoned properties or properties currently zoned Agricultural (A) and shown on the General Plan as residential or office uses are enclosed within a structure having a style and character compatible with surrounding residential er office structures or are completely Screened from view from such adjacent properties. (h) Satellite dishes provided that: (1) The dishes are accessory to a principal uses; and (2) The diameter of the dish does not exceed twelve (12) feet. Sec. 21.1-133. Accessory Uses. The following accessory uses shall be permitted in the O-1 District: (a) In conjunction with accessory residential uses, any accessory use permitted in the R-88 District. (b) Dwelling unit(s) for the owner/operator of the business(es) located on the property. (c) Medical or dental laboratories only when provided in conjunction with medical or dental offices. (d) Other aooessory uses, not otherwise prohibited, customarily accessory and incidential to any permitted use. Sec. 21.1-134.' Conditions U~es, The following uses may be allowed by Conditional Use in the 0-1 District, subject to the provisions of Section 21.1-9: (a) Planned'Developments. (b) Non-profit civic, social and fraternal lodges. Sec. 21.1-135. Special Exceptions. The following uses may be allowed by Special Exception in the 0-1 District, subject to the provisions of Section 21.1-14: Reserve. Sec. 21.1-136. Required Conditions. In addition to the other requirements of this Chapter, the following conditions shall be met in the 0-1 District: (a) Except as permitted herein, no goods shall be produced for retail sale on the premises. (b) All uses ~hall be conducted entirely within an enclosed building, except for accessory automobile parking, (c) ~ndividual buildings shall not exceed 5,000 square feet of gross floor area if located within 200 feet of an existing residentially zoned parcel or area currently zoned agricultural and shown on the General Plan for residential use , but in no case shall any individual building exceed 8,000 square feet of gross floor area. Individual projects shall not exceed 5,000 square feet of gross floor area per acre. All 89-364 surrounding residential n~ighborkoods. Compatibility may be achieved through the us~ of similar building massing, material~, Seals or ether arckitac%ural features. {d) ~e~diug docks and drive-in loading doors 8hall (e} With the exception of group care facilities, use shall be opened to the public between 9~08 p.m. and 6:00 (f) Ne uae uha11 bs permitted which i~ classified by Uniform statewide Building Code as high hazard. DIVISION 17. 0-2 CORPORATE OFFICE DISTRICT. (a) The purpose and intent of the Corporate Office District is to sncourage the int~gra%ion of professional and ad~inistr&tive offices with supporting uses. within this district should not cr~a=e undue noise or glare beyon~ lot lines and should be c~mpatibte with adjacent rssi- dential developments. Site~ should bs designed' to insure maximum oompatlbility with, and minimal impact on, existing and future regid~ntial ~e~u!opment in the area. (b) The 0-2 District should generally be located along artsrial cr collector road~. In addition, this district may also be located betwsen cormmercial/industrial districts and existing or proposed residential ~velopments. if an 0-2 District is used as a transition, adjacent to existing or planned residential neighborhoods, the sit~ should be designed with office u~e~ closer ~o the neighborhoo~, and non-office uses away from the neighborhood. Sec. 21.1-138. Pe~mitted Uses--By Right. Within any 0-2 District, no buildings, gtruot~res Or premises shall be used, arranged, or designed to be used except for one or more of the following uses: (c) Any permitted uses in the ©-1 District. Art school, gall~r~ er museum. Funeral homes or ~e~tuaries. Hotels+ Laboxatcrles - medical or de~=al. Medical clinics. Po~t offices. Com~unlca~ion ~tudios, stations, amd/or of towe~s. Schoolo/colt~ges - public and private. Schools - business. Telephone exchanges. Sec. 21.1-139. offices Pe~mitted with C~rt~in Res%fictions. / 89-365 The following uses shall he permitted in the 0~2 District subject to compliance with the following conditions and other applicable standards of this Chapter. If the following restrictions cannot bo met, these uses may be allowed by Conditional Use, subject to the provisions of Section 21.1-9: (a) Unless permitted in the 0-2 District, any uses permitted with restrictions in the Neighborhood Office (O-1) District except: Public or private parks (which are regulated by this section). (b) The following uses ~hall be permitted only in projects of twenty-five (25) acres or more, provided such uses are located internally to the project, not along any road on the periphery of the project, and shall be primarily for the convenience of the employees of the office uses. At no time shall such uses exceed thirty (30) percent of the gross floor ar~a under construction or occupied by permitted uses in such (1) Ail C-1 uses. (2) Artist material and supply store. (3) ~ealth clubs. (4) Office supply store. (5) Post office. (c) School~ - commercial, trade, music, dance, vocational and training provided that such uses are located on the interior of the project and not along any road on the periphery of the project. (d) Fire station~ and re~cue ~quads provided that: (1) No external sirens or P.A. systems are provided. (2) All garage-type doors shall be screened from view of adjacent residential properties or areas currently zoned agricultural and shown on the General Plan for residential use unless garage doors are architecturally 0ompatible with area residential or. agricultural properties. (e) Golf courses provided that no building, other than player shelters shall be located within 200 feet of adjacent residential, residential tow~house or residential multi-family district or property currently zoned agricultural and shown on the General Plan for residential use. (f) Hospitals provided that: (1) They are located a minimum of 100 feet from adjacent residential, residential multi-family or residential townhonse properties or property currently zoned agricultural and shown on the General Plan for residential use; and (2) Emergency room entrances ds not face residential, residential multi-family or residential townhcuse or agricultural district designated on the General Plan for residential use. (g) Public or private parks provided that: (1) Playfields, courts or ~imilar active recreational uses shall be located a minimum of I0O feet from adjacent properties zoned fei residential, residen- tial townhouse, residential multi-family or zoned 89-366 agricultural and she%u1 on the General Plan for residential {2) The 100 foot setback required above shall be landscaped per Section (h) Towers provided that the structure ig architecturally incorporated into the design of a building used for a per~itted sec. 21.1-140. Accessory Uses~ The following accessory uses shall he permitted in th~ 0-2 District: (a) Accessory uses, not otherwise prohibited, that are customarily accessory and incidental to any permitted use. (b) In eonjnnctlon with hotels, and within the structure housing hotels, accessory uses s~h as a~tomobilc rentals, fitness e~nte~, r~taurants, night clubs, gift shops, and meeting rooms. (c) In conjunction with office use, werehouses provided such warehouse urea does not e~ceed twenty-five (25) pexcent of the ~r0ss floor area o~ the ~ndiv~duel tenant office space. Further, all warehouse spac~(~) w~thin office ~ilding(s) shall he served ~y a single loading door or Sss. 21.1-141. Conditional U~es~ The following uses may bt allo~ed by Conditional Us~ in the 0-2 District, subject to tko provisions of Section 21.1-9: (a) Any Conditional Use allowed in ~he O-1 District, unless previously pe~mit~ed in this District. th} Landfills - Censtrnction/Demolition/De~ris only subject to the re~triction$ Outline4 in Section 21.1-127(f). (~} ©ffiee/w~rehouses where tko warehouse aras does not conform to the a~e~ory use r~strictions. Sec. 21.1-142. E~ecial E×~eptions. The following uses may be allowed by Special Exception the 0-2 District, subject to the provis~ons of Section 21.1~14: (a) Any Special Exception allowed in the O-1 unless previously permitted in this Dis~rict. Soc. 21.1-143. Re,sired Conditions. In addition to the other requiremeAts of this ChapteE, following conditions shall ~e met in the 0-2 District: (a) NO goods shall be prodnced except for retail sale on the premises. (b~ All uses shall be conducted entirely within an enclosed buLldlng, except for accessory a~tomobil~ parking and louding/~nloading facilities. (c) No use shall be p~rmitted which is classified by the Uniform Storewide Build~ Code a~ high hazard. DIVISION 18, C-1 COh~/ENIENCE BUSINESS DISTRICT, Sec. 21,t-144. Purpose and Intent of District. ~a) Tho purpose and intent of the C-1 District is to permit limited retail and ~ersonal ~ervice operetion~ ~uoh as 89-367 the sale of food, hardware or gasoline; drug stores; banks; offices; and personal service operations near residential neighborhoods and in rural location~. The u~es permitted should be those uses which provide goods and services to nearby residential communities and should not include uses which would routinely attract customers from a wider market area. Design controls should apply to projects within this district to provide an effective land use transition between the resi- dential community and this District. lb) No C-1 District should contain more than three (3) acres. No C-1 zoning should be granted within one mile of any other such district, unless such C-1 zoning is for the purpose of obtaining the three (3) contiguous acres maximum and the development of the District provides a ~nified plan for archi- tecture, access and siqnage. (c) The C-1 District should generally be located at the the intersection of collector streets; between residential neighborhoods and higher intensity uses and/or arterials; or at the intersections of arterials within planned rural portions of the County. All such locations may not be suitable for a C-1 District; however, a C-1 District may be suitable if the lccation is so designated on the General Plan and if the living environment and integrity of the nearby residential area can be protected. Sites should be designed to insure maximum compati- bility with, and minimal impact On, existing and future resi- dential development in the area. See. 21.1-145. Permitted Uses--By Right. Within any C-1 District, no buildings, structures, or premi~e~ ~hall be used or arranged er designed to be used except for one or more of the following uses: (a) Bakery goods Store. (b) Banks and savings and loan associations with er without an outside public address system or with or without drive-in windows. (c) Barber or beauty shop. (d) Book or stationery store. (e) Brokerage. (f) Camera store. {g) Candy store. {h} Drug store/pharmacy. (i) Dry cleaning, pick up and drop off; coin operated dry cleaning} pressing; laundry and laundromat; not to include dry cleaning plants. (j) Dry goods store. (k) Dairy products store. (1) Florist shop. (m) Grocery store. (n) Hardware ~tore. (o) Newspaper or magazine sales. (p) Nursery schools, child or adult day care centers and kindergartens. 89-368 (q) Of£ic~s: Business; goverrnuental, medical and pro- feesional. Restaurants, not in~luding fast food or carry out restaurants, (t) Tailoring and dressmaking (u) Underground utility nmos except Section 21.t-146(a), when such uses are located in easements, er in public roads right~ of way. (v) Variety (w) Video rental and sales store. 21.1-146. Uses Permitted with Certain Restrictions. The following uses shall ~e permitted in the C-I District subject to compliance with the following ¢ondition~ and other applicable standard~ of thi~ Chapter. If +_he following rostrictlons cannot te met, these uses may be allowed by Conditional USe, subject to th~ provisions of Section ~l~l-9: (a) Unless permitted by-~ight in the C-1 District, a~y uses permitted with ros~rlctions in the 0-1 District. (b) Motor vehicle accessory store provided thet~ (1) No motor vehicle repair shall bs permitted: and (2) No parts shall ~e installed on the premises. lc) Gasoline sales in conjunction with a permitted use and provided that such use is not lo~ated along streets which terminate in a residential neighborhood. (d) ~et grooming shops provi~e~ that: (1) No boarding i~ (2}No outside runs a~e permitted; and No overniqht care is permitted. Sec. 2t.1-I47. Accessory Uses. The following accessory uses shall he permitted in the C-! District~ (&) Acu~s$ory uses as permitted in the O-1 District. (b) Other accessory uses, not o=herwise prohibited~ customarily accessory and incidental tO ~ny Seo~ 21,1-148. Conditional Uses. The following ~es ~ay b~ allowed by Conditlon~l Uso in the o-I District, subject to the ~rovisions of ~ection 21.1-9: (a) Any Cond~tionaI Use as allowed in %he 0-1 District, unI~ss previously permltt~d in this District. (b) K~nnels, commercial. Sec. 21.1-149. Special Exceptions. Tho following uses may ~e allowed by Special Exception in the C-1 District, subject to the provisions of Section 21.1-14: 89-369 (a) Any Special Exception allowed in the R-88 District, unless previously permitted in this District. Sec. 21.1-150. Required Conditions. In addition to the other requirements of this Chapter, the following conditions shall be met in the C-1 District: (a) Individual buildings shall not exceed 5,000 square feet of gross floor area if located within 200 feet of an existing residentially zoned parcel or area currently zoned agricultural and shown On the General Plan for residential nsc, but in no case shall any individual building exceed 8,000 square feet of gross floor area. Individual projects shall not exceed 5,000 square feet of gross floor area per acre. Ail structure shall have an architectural style compatible with surrounding residential neighborhoods. Compatibility may be achieved through the use of similar building massing, materi- als, scale or other architectural features. (b) No goods may be produced for retail sale on the premises if mere than five (5) persons are engaged in such production. (c) All uses, including storage, shall be conducted entirely within an enclosed building, except for accessory automobile parking, loading or unloading facilities. (d) The required number of parking spaces may be reduced by 10% if the site is adjacent to or within a neighborhood containing sidewalks or other pedestrian walkway systems and the walkway systems within the neighborhood are extended to the site and constructed within the site. (e) No use shall be opened to the ppblic between 9:00 p.m. and 6:00 a.m. (f) No use shall be permitted which is classified by the Uniform Statewide Building Code as high hazard. DIVISION 19. C-2 NEIGHBORHOOD BUSINESS DISTRICT. Sec. 21.1-151. Purpose and Intent of District. (a) The purpose and intent of the C-2 District is to permit neighborhood-oriented retail services to include small shopping centers or developments which serve neighborhood-wide trade areas. Design controls shall apply to this District to provide an effective land use transition between the residen- tial community and higher intensity uses. sites should be designed to insure maximum compatibility with, and minimal impact on, existing and future residential development in the area. Access to and the nu/~ber of conflict points along arterial roadways should be limited. Integrated vehicu- lar/pedestrian circulation should be provided within each project and between adjacent developments. (b) The C-2 District should generally be located at the intersection of arterials or at the intersection of arterials with major collector streets. Soc. 21.1-152. Permitted Uses--By Right. Within any C-2 District, no buildings, structures or premises shall be used Or arranged or designed to be used except for one or more of the following uses: la) Any permitted uses in the C-1 District. (b) Antique shops, not to include pawn shops and second-hand stores. 89-370 exclusiv~ Appliance stores. Art $chool~, galleries or museums. Artist material and supply stores. Automobile self-servies stations. Bicycle sales and rentals. Catering e~teblishments. Curlo or gift shops. Frozen food locker and ~ales. ~unezal homss or mortuaries. Jewelry stor~s. Libraries. Medical facilities or clinics. offices and Stations, £oz~une ~sllers, tsa leaf readers, prophets, etc. (bb) Office supply stores. (dd) ~a£nt and wallpaper stores. (cc) Pst shops, including pet grooming. (~f) Philanthropic and charitabl~ u~es. (gq) Photography (th) Post (ii) Madio~ television and other home entertainment, sales (jj) Rental of health and partF equipment; and small homm hardware, tools and equipment. (ll) fast food Imm) (pp) (qq) (ss) 21.1-153. Rest, nursing and convalescent homes. Restaurants to include carry out restaurants, but not Schools--music, dance and business. Sewing machine sales, instruction, and services. Sporting goods sales. Telephone exchanqes. Toy stores. Travel arranging and transportation ticket services. Veterinary clinics. Uses P~rmitted with Certain Restrictions. The following uses shall be permitted in the C-2 District subject to compliance with the following conditions and other applicable standards of this Chapter. If the following restrictions cannot be met, these uses may be allowed by Conditional Use, subject to the provisions of Section 21.1-9: (a) Unless permitted in the C-2 District, any uses permitted with restrictions in the C-1 District. (b) Greenhouses or nurseries provided there is no outside storage or growing. (c) Printing shops provided that only copying and/or duplicating machines are used. No high volume presses or web presses shall be permitted. (d) Towers, provided that the ~tructure is architectural- ly incorporated into and compatible with the design of a building used for a permitted use. (e) Shopping centers provided that they are limited to a maximum of ten (10) acres per project; however, a shopping center of a maximum of twenty-five (25) acres shall be per- mitted provided it has frontage on, and access to, at least two (2) arterial roads. (f) Hospitals provided that: (1) They are located a minimum of 100 feet from adjacent residentially zoned property or areas currently zoned agricultural and. shown on the General Plan as residential uses; and {2) ~mergency room entrances do not fac~ ~uch residential or agricultural areas. (g) Temporary outdoor Christmas tree sales provided that: (1) Sales shall not begin before November 15 and shall be restricted only to retail sales of Christmas trees, wreaths, holly and similar decorative horticultural materials. (2) A temporary stand not to exceed two hundred (200) square feet in area may be constructed or placed on site in accordance with any applicable law, and/or one properly licensed, in~peoted, and operative truck or other vehicle may be parked, when utilized for such sales. 89-372 (3) Any portion of the sales area ~haI1 be located in ac~rdanc~ with the minimum yar~ depth~ (setbacks) required for the District. (4) Sufficient area ~hall be set aside on site to provide a minimum of £ive (5} temporary off-street parking spaces. If the ~alss are located on the sa~e Lot with an existing uss, tho required minimum and most convenient parking ~paees for the existing u~e shall ~et be used fox Christmas tree sales. (5) Signs shall 0nly be permitted in accord with Article 8 of thi~ {6) Any structure erected thereon, vehicle parked, ~igns, trash, debris and the like shall be removed no later than January ~5. The fo%lowing accessory uses shall be permitted in the C~2 ~ustom~rily accessory and incidental to any permitte~ use. Sec. 21.1~155. Conditional Use~. The following uses ~ay be allowed by Conditional Uss in (a) Any Conditional Use allowed in the C-1 District, unless previously permittsd in thim District. (¢) Kenn~l~, ~e~ierolal. (~) Land~ii!s - Conmtruction/Demolition/Deb~is only subject to the restrictions outlined in Section (e) Outside'public address system in conjunution with any Se~. 91.~-~5. Speclal The following uses may be allowed ~y Special Exeeptie'n in the C-2 District, subject to the provisions of S~et~oD ~1.1-14; (a) Any Special Exception allowed in the C-1 District, unless previously permi=t~d in ~h~s In addition to thm other requirsments of this Chapter, th~ following conditions shall be met in the C-2 production. (b} No outmid~ display of merchandise areas and such aream are d~slgned for such us~ and Dsde~trian- 89-373 (c) No use shall be permitted which is classified by the Uniform Statewide Buildin9 Code as high hazard. DIVISION 20. C-3 COMMUNITY BUSINESS DISTRICT. Sec. 21.1-158. Purpose and Intent of District. (a) The purpose and intent of the C-3 District is to permit community scale commercial development to include shopping centers which serve community wide trade areas and p~omcte public convenience and accessibility. Toward thie end, mi×ed use projects containing commercial, office and residen- tial townhouse/residential multi-family ueem ~hould be en- courages. Design controls should apply to this District requiring integrated design standards within individual pro- jects; access to and the number of conflict points along arterial roadways should be limited; integrated vehicular/pedestrian acceee zhould be provided within each project and should be provided between adjacent developments. Sites should be designed to insure maximum compatibility w~th, and minimal impact on, existing and future residential develop- ment in the area. (b) The C-3 District should qenerally be located along major arterials at their intersections with other arterials. Sec. 21.1-159. ~ermitted Uses--B~.~.ig~~. Within any C-3 District, no buildin~z, structures, or premises shall be used or arranged or designed to be used except for one or more of the following uses: (a) Any permitted uses as regulated in the C-2 District. (b) Automobile service stations. (c) Carpenter and cabinetmakers offices end display Cocktail lounges and nightclubs. (e) Contractors' offices and dieplay rooms. (f] Electrical, plumbing or heating supply sales, service and related display rooms. (g) Feed, seed, and ice sales. (h) Fraternal uses. Greenhouses or nurseries. (j) Hospitals. (k) ~otels. (1) Laboratories. (m) Liquor stores. (n) Motor vehicle washes. (o) Pawn shops and second-hand stores. (p) Recreational establishements, commercial-indoor. (q) Repair services exolusing body, major engine and transmission repair of motor vehicles. (r) Restaurants~ to include fast iood and carryout with or without an outride public addreee ey~tem. 89-374 Ce) schools--commercial, trade, vocational and training. (t) ~hopping centers provided that they are limited to a maximum of twenty-five C25) acres per project. (u) Ta~idermies. (v) Theaters, except drive-in thee=ers. Veterinary hospitals and/or commercial kennels. Sss. 21..1-160. Uses Permitted with Certain Kestricti0ns. The following uses shall he permitted in the C-3 District subject to compliance with the following conditions and ether applicable standards cf this Chapter. If th~ following restrictians cannot be met, the~ uses may be allowed by Conditional Use, subject to the provis£cn~ Of Section 21.1-9~ (a) Unless permitted in the C-3 District, any uses pe~mitted with restrictions in the C-2 District. (b) Material reclamation recslving glass and paper products ch/y, provided that they are located within a structure and there is no overnight p&rking of tractor trailers. Cc) Automobile and motorcycle - sales and, as to sales, ~ervice, repair Or rental provided that: feet from adjacent re,:dent:al and office propertie~ or areas currently zoned agricultural and shown on the shall be landsceped according fo Sec=ion C2) Storage yard~ for vehicles awaiting body repeir/painting, auction or wholesale sales, shall be screened from vlsw of any adjacent properties on which public roa~s or areas currently zoned agricultural and mhown on the General Plan for residential or office (3) Ail garage-~ype door~ shall be oriented away office ~roperaiss, external roads er areas currently zoned agricultural and shown on the General Plan for residential or off:os uae. (4} There shall be no elevate~ display structures {d) Off:ce/warehouses provided that such uses shall be set back a minimum of 100 feet from ad~acent re,:dent:al# office or similar properties cz areas currently zoned agricul- tural and shown on the General Plan as residential or office residential or office uses. The 100 feet setback shall be landscaped according to S~etion 2~.~-228(a) (4) . When loading/warehouse areas are oriented ap~a¥ from adjacent residential or office usen, ~etbaoks shall be governe~ by the setbacks cf the District. {e) Out~ide storagel as accessory to the uses permitted herein, including, but not limited to: re=ail building mater- isle; sonstTuction =quipmcnt/materials; feed/seed item~; centers, greenhouses, hot houses~ miscellaneous materials for retail/wholesale sales; provided that: properties un which such uses are not permitted or do not 89-375 exist, and areas currently zoned agricultural and desig- nated on the General Plan for residential, agricultural, office, or light industrial uses and external public road rights of way; and (2) No more than ten (10) percent of the qross floor area of the principal use may be used for outdoor storage. (f) Residential multi-family and tewnhousos, provided that: (1) No more than thirty (30) percent of the gross acreage of any project may be used for residential, multi-family and/or residential townheuse uses. Such uses shall be incorporated into an integrated schematic plan. No such residential uses shall be permitted until the following requirements are satisfied: (2) Construction has begun on a minimual of fifty (50) percent of the qro~s site area devoted to commercial (3) They are located in projects of twenty-five (25) (4) Such uses comply with the requirements of the residential townhonse district or the residential multi- fa/~ily zoning district, except that densities for multi- family uses may be increased to fourteen (14) units per (g) Shopping centers in projects of more than twenty-five (25) acres, but less than forty-five (45) acres, provided the project has frontage on, and access to, at least two (2) arterial roads. Sec. 21.1-161. Accessory Uses. The following accessory uses shall be permitted in the C-3 District: (a) Accessory uses permitted in the C-2 District. (b) Other accessory uses, not otherwise prohibited, customarily accessory and incidental to any permitted use. Sec. 21.1-162. Conditional Uses. The following uses may be allowed by Conditional Use in the C-3 District, subject to the provisions of Section 21.1-9: (a) Any Conditional Use allowed in the C-2 District, unless previously permitted in this District. Sec. 21.1-163. Special Exceptions. The following uses may be allowed by Special Exception in the C-3 District, subject to the provisions of Section 21.1-14: (a) Unless permitted in the C-3 District, any Special Exception allowed in the C-2 District. Sec. 21.1-164. Required Conditions. In addition to the other requirements of this Chapter, the following conditions shall be met in the C-3 District: (a) Except as provided herein, the same conditions as required in the C-2 District. 89-376 (b) ~o goods may be produced for retail sale on the premises if More ttan fifteen (15) p~rsons are engaged in such production. (c) Outside display of merchandise permitted provided such display conforms backs uf the District in which located. for sale shall h~ to the parking set- DIVISION 21. C-4 REGIONAL BUSINESS DISTRICT. Sec. 21.1-165. Purpose an~ Intent of District. {al The purpose and intent cf the Regional Center (C-4) District is ~o encourag~ integrated de~elopment~ containing a mixture of regional shopping centers, employment centsrs, major office/light industrial parks and/or high ~en~ity residential developments. Urban dssign standard~ should apply within individual projects; access to and the number of conflict points along major arterial roadways should be limited; an integrated system of vehicular/pedestrian circulation shoul~ be provided within individual projects and should be ~x~n~ed ~o adjacent developments, sites should be designed to insure maximum compatibility with, and minimal impact OD, existing and future residential development in the area. (b) The C-4 Dist:ict should generally be located on larg~ sites ad,scent to the County'~ limited access arterials at int~ruee=ions/interchan~es with ma~or arterials. Direct access onto me~cr arterials should b~ ~quired and direct acces~ onto llmlted access arterials should be encouraged. G~nerally, a C-A District in a given 1Ocstlon within the County should contain a minimum of thirty-five (35) acre~ and a minimu~ 500,0~ square feet of commercial, office and/or industrial Sec. 21.1-166. Pe:mi~ted Ueee--B~ Right. Within any C-4 District, nc buildings, structures~ ox (a) Any permitted u~e~ in the C-3 District. Any permitted u~es in the 0-2 District. (c) Commercial automobile parking. ~ecreatienal establishmsnts, coImmercial-indoo~ and (e) Shopping cea%ers provided they are located on a minim%~ of forty-five (45) ~cres. Sec. 21.1-167+ U~ Permitted wi~ Certain Restriotions. Th~ following uses shall be permitted in the C-4 District subject to compliance with th~ following eondition~ and other applicable standards of thi~ Chapter. If the ~ollewing restrictions cannot be met, these u~es may be allowed by Conditional Use, subject to the provisions of Section 21.1-9~ (a) ~nlsss allowed by right in the C-4 District, any u~es permitted with restrictions in the C-3 District, except thmt the density of multi-f~a~ily projects may be increased to eighteen (iS) units per gfe~ acre; however, with provision of deck or underground parking, multi-family densities may be in- creased to twenty-five (25) units per gross acr~. (b) Any permitted use ia the I-1 Digtriet provided that not more than thirty (30) percent of the gross acreage of the total project shall be cccupisd by such u~es. 89-377 Sec. 21.1-168. Accessory uses. The following accessory uses shall be permitted in the C-4 District: (a) Accessory uses permitted in the C-3 District. (b) Other accessory uses, not otherwiee prohibited, customarily accessory and incidental to any permitted use. Sec. 21.1-169. Conditional uses. The following uses may be allowed by Conditional Use in the C-4 District, subject to the provisions of Section 21.1-9: (a) Any Conditional Use allowed in the C-3 District, unless previously permitted in the C-4 District. (b) Airports. (c) Exposition buildings or centers. (d) Stadiums or arenas. (e) Truck terminals. Sec. 21.1-170. Special Exceptions. The following uses may be allowed by Special ~xception in the C-4 District, subject to the provisions of Section 21.1-14: (a) Any Special Exception allowed in the C-3 District, unless previously permitted in the C-4 District. See. 21.1-17i. Required Conditions. In addition to the other requirements of this Chapter, the following conditions shall be met in the C-4 District: (a) Except as provided herein, the same conditions as required in C-3 District. (b) Subject to the provisions of Article 7, minimum project densities shall be 8,000 square feet of. gross floor area per gross acre for retail projects and/or 15,000 square feet of gross floor area per gross acre for office projects. This density may be provided in phases subject to approval of a phasing plan by the Director of Planning and the Director Transportation, which plan shall include appropriate assurances that minimum densities will be met. DIVISION 22. C-5 GENERAL BUSINESS DISTRICT. Sec. 21.1-172. Purpose and Intent of District. (a) The purpose and intent of the General Business (C-5) District is to provide areas primarily for motor vehicle oriented uses. Sites should be designed to insure maximum compatibility with, and minimal impact on, existing and future residential development in the area. (b) The C-5 District should generally be located along arterials or near industrial areas. Sec. 21.1-173. Permitted Uses--sy Right. Within any C-5 District, no buildings, structures or premises shall be used, arranged or designed to be used, except for one or more of the following uses: (a} Any permitted uses in the C-3 District. 89-378 (b> (c) (e) mixing. (9) (h) (j) Any permitted uses in the I-1 District. Auction sales or salvage berne. ~oat sales, service, repair and rental. Building material sales yarde~ not including concrete Commercial automobile parking. Contractor's shops and storage yar~s. Display houses or "shell" houses. Freight forwarding, packing, and crating services. Farm implements and machinsry sales, service, rental and repair e~tablishm~nts. (k) Manufactured home, mobile home, modular hom~, travel trailer ~ales, service, repair and rental. (1) glass and (n) of utility materials or equipment. (q) Recreational outdoor. (u) at re,ail paper products only. Motor vehicle ~al~, ~er~ic~, repair, and rental. Public garag~. ~ublic utili=y survice buildings, including facili- commexcial~in~oor Satellite dishes. Tire recapping and v~lcanizing establishments. aha Utility trailer and truck r~ntats. Wholesal~ trade of any pro~uc~s permi~t~ to ~e sold in this.District. 21.1~174. Usss Psrmitted with Certain Restrictions. The ~ullowing use~ shall be permitted in the C~5 District, subject to compliance with the fellowing eondition~ an~ other appllcabl= standards of this Chapter. If the following r~strictions cannot he met, the~e u~s$ ~y be allowed by Con4itional Use, subject to the provisions of Section 21.1-9: (a) Unless psrmitted in the C-5 District, any uses permitted with restrictions in the C-~ Distxict. (b) Travel ~rail~r parks, which wsre zoned ~-T Dri0r to April 12, 1999, and we~ b~ing op~rat%d as such prior to April 12~ 1989. Such uses shall conform to the requirements, which were in effect for such districts prior %o April 12, (c) A manufactured or mobile home used as the principal residence of th~ owner/operator of a business and located on the property, ~ubject to obtaining a permit from the Board of Supervisors. 89-3?9 Sec. 21.1-175. Accessory Uses. The following accessory u~es shall be permitted in the C-5 District: (a) Accessory uses as permitted in the C-3 District. {b) Other accessory uses, not otherwise prohibited, customarily accessory and incidental to any permitted use. Sec, 21.1-176. Conditional Uses. The followinG uses may be allowed by Conditional USe in the C-5 District, subject to the provisions of Section 21.1-9: (a) Any Conditional Use allowed in the C-3 District, unless previously permitted in the C-5 District. (b) Adult bookstores. (c) Adult mini-motion picture theaters. (d) Adult motion picture theaters. (e) Sassage parlors. (f) Travel trailer parks. Sec. 21.1-177. Special Exceptions. The following uses may be allowed by Special Exception in the C-5 District, subject to the provisions of Section 21.1-14: (a) Any Special Exception allowed in the C-3 District, unless previously permitted in the C-5 District. Sec. 21.1-178. Reguired Conditions. .In addition to the other requirements of this Chapter, the following conditions shall be met in the C-5 District: (a) No goods may he produced for retail sale on the premises if more than fifteen (15) personR are engaged in such productions. (b) No outside display of nterchandise for sale is per- mitred unless such display area conforms to the parki~9 set- backs of this District. ~urther, there shall be no elevated structures to display motor vehicles. (c) No use shall be permitted which is classified by the Uniform Statewide Building Code as high hazard. DIUISION 23. I-1 LIGHT INDUSTRIAL DISTRICT. Sec. 21.1-179. Purpose and Intent of District. (a) The purpose and intent of the Light Industrial District (I-l) is to encourage the grouping of administrative and research offices, laboratories and light manufacturing uses. Limited retail and service uses should be permitted when they are part of an integrated industrial development and are accessory to other uses within the project. Light manufac- turing uses shall be those dependent upon raw materials first processed elsewhere. (b) I-1 Districts may be located near residential dis- tricts to provide a transition between the residential uses and more intense commercial/industrial projects. Sites should be designed to insurs ma~imtum compatibility with, and minimal impact on, existing and future residential developmsnt in the area. Access should be provided to arterials. 89-380 Within any I-1 District, no buildings, strucbures or premises mhall be used, arranged or d~igne~ to be used except for one or mere of the following uses: {a) ~anufacturing of apparel and other finished Droducts mede from fabrics, leather~ and similar materials, e~cspt leather ~annin~. (b) Bakery products mannfaotur±ng. (c) slending~ mixing and compounding of manufactured ge0d~. water. (e) Brooms and brushes manufacturing. (f) Catering establishment. (g) Coating, engraving and allied ~ervice$ (not to include on~raving, pickling, anodizing, or other metal surface tr=atment). (h) Cold ~torage. (i) Communication studios and station, not to include towers (see restricted uses~. (j) Confeotionery and related preduct~ mannfaeturinq. (k) COnverting paper to paperboard products~ paperboard containers and boxes. (1) Cosmetics and toiletrie~ (eompouudin~ only) manufac- turing. (m) Costume jewelry, costume novelties, buttons and ~i~cellaneons notions (except precious metals manufacturing. (n) Dry cleaning p~an~$. (o) ~lectrl=, lighting and wiring equipment, household appliences~ computer equipment, communication equipment (including radio and TV) an~ electronic components and accessories manufacturing. (p) Fabricating shes% metal products, [q) Freight forwarding, packaging and czating services, not including truck terminals. Fur dressing and dyeing. (siIndustrial and vocational training schools. Jewelry, silverware and platedware manufacturing. (u) Laboratories and other research and development facilities. {v) Lamp shade~ manufacturing. (w) Linoleum, asphalt-feltbase and other heed surface floor cover manufasturing. (y) Miscellaneous plastic products manufacturing. 89-381 (z) Morticians' goods manufacturing. lea) Motion picture production. (bb) Moving companies to include, but not limited to, households and businesses. (cc} Musical instruments and parts manufacturing. (dd) Offices--governmental, business, professional and medical. (ce) Paper recycling by the compaction method. (fl) Pens, pencils and other office and artists' materials manufacturing. (gg) Pharmaceutical products manufacturing. (hh) Photographic and optical goods manufacturing. (ii) Printing, publishing and allied industries. (jj) Professional scientific and controlling instruments manufacturing. (kk) Rectifying and blending liquors. (11) Roasting coffee; and coffee products and tea manu- facturing. (mm) Spices, flavor extracts and flavor syrups manufac- turing. (nn) Toys, amusement, sporting and athletic goods manufac- turing. (oo) Tool and equipment rental (pp) Travel arranging and transportation ticket services. (gq) Umbrellas, parasols and canes manufacturing. (rr) Underground utility uses except as provided in Section 21.1-181(c), when such uses are located in easements or public roads rights of way. (ss) Warehouses. (tt) Watches and clocks manufacturing. (uu) Wholesaling houses and distributors. (w) Wine, brandy and brandy spirits manufacturing. Sec. 21.1-181. Uses Permitted with Certain Restrictions. The following uses shall be permitted in the I-1 District subject to compliance with the following conditions and other applicable standards of this Chapter. If the following restrictions cannot be met, these uses may be allowed by Conditional Use, subject to the provisions of Section 21.1-9: (a) The following uses shall be permitted only in projects of twenty-five (25) acres or more. At no time shall sueh uses exceed thirty (30) percent of the gross floor area under construction er occupied by permitted uses in such projects. (1) Hotels. 89-382 are located internally to the projest, not along any road on the periphery u~ the project and shall be primarily for the a. Ail C-1 use~. b. Artist material and supply stor~s. e, Mealth clubs. e.. Office supply stores. g. Towers provided that tho structure is architecturally incorporated into the design cf a building. (b) Schools--commercial, trade, music, dance, business, vocational and training, subject to ~uch us~s being located un the interior of the project and not along roads located on the periphery of the project. (c) Public and private utility uses, so long a~ ±h~y require a s~ructure, to in=lade all water and waste water gas~ liquifi~d petroleum gas (LPG) and petrolaum products transmissions facilities; in addition, na%ural gas, llquified gas, a~d petroleum products transmission faciliti~a above and below ground, provided that all such u~e~ which are visible from adjacent residential or office zone~ properties or proper- ties soned Agricultural (A) and shown on the General Plan as residen=ial or office uses, shall be enclosed within a struc- ture havinq a style and character compatible with surrounding residential or office structures or shall be completely screened from view fromm auch adjacent properties. Satellit~ dishes provided that= (I) The dishes are accessory ~o a principal use~ and (2} Th~ diameter of the ~iah does ne% ~Xoaed twelve (I2) feet. completely enclosed buildinq. sec. 21.1-182. Aacessory Uses. The ~ollowing accessory u~e~ shall be permitted in the (~) ~uoh oth~r accessory us~ which are no~ prohibited pe~i~ed use. assembled by a permitted usa ~hall be permitted provi~ salesroom for any one e~%ablishm~nt does not ex,ed a floor area o~ thirty (30) percent of the gross ~IOOr area of per S~c. 21.1-I83. Conditional Uses. The following uses may bs allowed by Conditiogal Use in the I-1 District, subject to the provisions of Sec%ion 21.1-9: 89-383 (a) Any permitted or Conditional Use allowed in the C-3 District unless otherwise permitted in the I-1 District. (b) Airports. (c) Paper recycling by the chemical method. Sec. 21.1-184. Special Exceptions. The following uses may be allowed by Special ~xception in the I~l District, subject to the provisions of Section 21.1-14: (a) Any Special Exception allowed in the C-3 District, unless otherwise permitted in the I-1 District. Sec. 21.1-185. Required Conditions. In addition to the other requirements of this Chapter, the following conditions shall be met in the I-1 District: (a) Ail uses, including storage, shall be conducted entirely within an enclosed building except for accessory parking, loading and.unloading facilities. (b) No use shall be permitted which is classified by the Uniform Statewide Buildin9 Code as high hazard or by reason of its nature or manner of operation is or may become more hazar- dous, objectionable or o~ensive than other uses permitted by right under %his District and is incompatible with such other uses because of odor, dust, smoke, cinders, fumes, noise, vibration, waste~, fire, explosion, glare or unsightliness. (c) The uses permitted in this District shall be those uses which are dependent upon raw materials first processed elsewhere. (d) In addition to any other requirement of this Chapter, the uses permitted in this District, plus any accessory uses shall, be located at least 100 feet from any agricultural, residential, townhouse residential or multi-family residential district subject to Section 21.1-202. (e) Loading areas shall be oriented away from any exist- in9 residential, multi-family residential or townhouse resi- dential district or area currently zoned agricultural and shown on the General Plan for residential use. DIVISION 24. I-2 GENERAL INDUSTRIAL DISTRICT. Sec. 21.1-186, Purpose and Intent of District. (a) The purpose and intent of the General Industrial (I-2) Distrint is to provide adequate areas in appropriate locations for manufacturing and other related activities. (b) The I-2 District should generally be located in areas with access to arterials or collector streets and, where practical, in locations where rail and water access are available. Uses within this District should generally be buffered from existing or proposed residential neighborhoods by less intense uses. Sites should be designed to insure maximum compatibility with, and minimal impact on, existing and ~uture residential development in the area. Sec. 21.1-187. Permitted Uses--Dy Right. Within any I-2 District, no buildings, structures or premises shall be used, arranged Or designed to he used except for one or more of the following use~: {a) Any permitted use in the I-1 District. 89-384 Electrical transmission and distribution Building materials--storage and sale. Contractors offices, shops and storage (d) Cottonseed oil milling. (e) Dairy products mannfaetu~ing. (f) Electric trans£crming ~tation~. equipment, electrical industrial apparatus, nery~ equipment and supplies, otherwise tion with (r) and other electrical machl- (h) Fee~ and gzain storage. Furniture and fixtures manufacturing. (j) Greenhouse~, hot houseS, and plant nurseries. Ic~ manufacturinq, Macaroni, ~paghe%%i, vermicelli, and noodles manufac- Mas~ transportation. Motor vehicle service s~stion. Other fabricated metal p~OdUcts manufacturing not iiste~ in this Chapter. Other food preparations manufacturing. Pstroleu~ produces or fuel {gas mr liquid) distribu- ~toraqe less than 18,000 gallons Or =ubic feet. Pottery and related products manufacturing. Shortening~ soybean oil, table oils, margarine, oil and other e~£ble fatB and oils mannfaetufing. Signs and advertising displays--manufacturing. Sugar manufacturing. Tactile mill product~ manufacturing. (y) Tobacco manufacturing. (z) Tool and equipment zental. (aa) Truck terminals. (bb) Utility trailer and truck rental. (cc) Water and waste water treatment plants. 21.1-188. Uses Permitted with Certain R~tri¢~ions. The following uses shall be permitted in =he Z-2 District subj~o% =e oomplianoe with the following conditions and oth~r upplicabl~ standards mi thi~ Chapter. If the fellow~ng Conditional Use, subject to th~ pro~i~iens of ~ect£un 2!.1-9~ (a) Unless permitted in the I-2 District, except for hotels any uses permitted with ~sstrlotions in the I-1 Dis- trict. Sec. 21.1-189. Accessory Uses. The following accessory uses shall be permitted in the District: (a) Accessory uses permitted in the I-1 District unless otherwise permitted in th~ I-2 District. (b) outside public address systems. (c) Such other accessory uses which are not prohibited and which are customarily accessory and incidental to any permitted use. Sec. 21.1-190. Conditional Uses. The following uses may be allowed by Conditional Use in the I-2 District, subject to the provision~ of Sechion 21.1-9: (a) Any Conditional Use allowed in the I-1 District, unless otherwise permitted in the I-2 District. (b) Pehroleum products or fuel (gas or liquid distribu- tion) in excess of 18,000 gallons or cubic feet, but not to ~xc~d 50,000 gallons or cubic feet. (c) Mining and quarrying operations, subject to the r~strictions outlined for such uses in Section 21.1-195 plus any additional conditions which may be required by the Board of Supervisors. (d) Steam generation plants producing steam for others. (e) Marine terminals. Sec. 21.1-191. Special Exceptions. The following uses may be allowed by Special Exception in the I-2 District, subject to 'the provisions of Section 21.1~14: (a) Any Special Exception allowed in the I-1 District, unless otherwise permitted in the %-2 District. Sec. 21.1-192. Required Conditions. In addition to the other requirements of this Chapter, following conditions shall be met in the I-2 District: (a) The uses permitted in this District are those uses which are dependent upon raw materials first processed else- where. (b) No use shall be permitted which is classified by the Uniform Statewide Building Code as high hazard or by reason of its nature or manner oi operation is or may become more hazard- OUs, 0bjeotionable or offen~ivs than other uses permitted by right under thi~ District and i~ incompatible with such other uses because of odor, dust, smoks, cinders, fumes, noise~ vibration, wastes, fire, explosion, glare er unsightliness. (c) In addition to any other rsquirsmsnt of this Chapter, the uses permitted in this District, plu~ any accessory uses, shall be located at lsas~ 200 ~eet from any agricultural, residential, townhouse residential and multi-family residential district subject to Section 21.1-202. DIVISION 25. I-3 HEAVY INDUSTRIAL DISTRICT. 89-386 Sec. 21.1-193. Purpose and Inten~ of District. Ia) The purpose and intent of the Heavy ~ndustrial (I-3) District is to p~ovide location~ for intense manufacturing uses which process raw materials. ~his District should not he located adjacent to existing or proposed residential, office, or commercial areas. lb) ~he I-3 District should generally be located in areas ~ical, in locations where rail and water scce~ is available. This Dietrlct ~hould generally be buffered ~rom residential, office or commercial districts b~ less intense uses. Sites should be d~signed to insure maxzmum compmtibility wi~h, and minimal impa0~ on, axis.ting and futuze residential development in the area. Sec. 21.1~194. Permitted Uses~-By Right. Within any I-3 nistrict, no b~ildlngs, s~rueturas or except for on~ or more of the following uses= {a} Any permitted uses in the I-2 District. (b) Abrasive, a~begtos and miscellaneous nonmetallic mineral products manufacturing. Blast furnaces, steel works and the rolling and ~inishing of ferrous Fuel {gas or liquid) distribution storage. Canning and preserving of fruits, vegetables and seafoods. {f) Cement (hydraulic) manufacturing. Chemicals and allied products manufacturing. Coal and coke storage. Cut stone and stone products (k)Flat glass manufacturing. (1)Glass and glas~ware (pressed er blown( manufacturing. {m)Grain mill pro~ucts manufacturing. (n)Industrial fibers and packaging films manufacturing. (p) Leather tanning. (q) Gas production planes, natural or manufactured gas storage and distribution points, and oth~r utilities. (r) L~mber and weud pro,nets (except furniture} manufacturinq. (s) Machinery (except electrical) manufacturing. (t) Malt mannfaeturimg. (u) Malt liquors manufacturing. (V) Manufactured ur mobile hom~ manufacturing. 89-387 (w) Matches manufacturing. (x) Meat products manufacturing. (y) Motor vehicles, boats and trailers manufacturing. (z) Nonferrous foundries and other primary metal indus- tries. (aa) Paper, pulp and allied products manufacturing. (bb) Paper recycling by the chemical method. (cc) Primary smelting and refining of nonferrous metals. (dd) Rol~nq, drawing and e×tru~ing of nonferrous metals and alloys. (et) Rubber and miscellaneous plastic products manufac- turing. (fl) Secondary smelting and refining o9 nonferrous metals and alloys. (gg} Structural clay products manufacturing. (hh) Towers for communication purposes. (ii) Transportation equi~ent manufacturing. Sec. 21.1-195. Uses Permitted with Certain Restrictions. The following uses shall be permitted in the I-3 District, subject to compliance with the following conditions and other applicable standards of thi~ Chapter. Tf the following restrictions cannot be met, these uses may be allowed by Conditional Use, subjeot to the provisions of Section 21.1-9= (a) Unless permitted in the I-3 District, any uses permitted with restrictions in the I-2 District. (b) Mining and quarrying provided that: (1) The excavations shall be confined to areas at l~ast 200 feet from any residential district Or 100 feet from any office, business, research and development, or agricultural distriot; (2) The excavations shall be confined to areas at least 200 feet from the right of way lines of any existing or platted street, road or highway; except, that where the ground level is higher than the road, the Director of Planning may permit excavations down to the road level; (3) Any building containing power-driven or power- producing machinery or equipment shall be at least 600 feet from all adjacent property in any residential, office, business, research and development, or agricul- tural districts or the right of way lines of any existing or platted street, road or highway; (4) Ail roadways on and all vehicular entrances and exits from the premises on which such operations are conducted to any public roads shall be located to secure public safety, lessen congestion and facilitate trans- portation, and shall be SO maintained as te eliminate any nuisance from dust to neighboring properties; (5) All equipment used for the production or trans- portation of materials shall be constructed, maintained and operated in such a manner as to eliminate as far as practicable noises, vibrations or dust which constitute a safest practicable condition a~ ali times. In ne case shall peI~itted processing menace the physical ~afsty of per~on~ or prop~r%y oD public streets or adjoln~ng proper- ties. The accaee read to the prcc~ing area shall be boundary lines of the property wherein such procemsing i~ permitted shall be posted a~ intervals not in excess of 280 feet with signs warning against the dangerou~ opera- tion being conducted on the premises; (6) A plan of operation shall be submitted to, and approved by, the D/rector of Planning which ~hall provide in all respects for the adequate safe-guarding and protec- tion of other nearby interest and the general public health, safety, convenience, prosperity and welfare and which shall include a matisfactory plan and program showing, by contour maps and otherwise~ how the land is to be restored to a safe, stable and usable con~itioa by regradlng, drainage, planting or other suitable treatment so that it will resist erosion and conform substantially with adjscent land characteristics; {?J whenever the opera,ion shall have cea~ad fo~ any period exceeding twelve (1]) aonsecu%ive months, then all plants, buildings, structures (except fences), stockpile~ and equipment ~halI be entirely removed from the premises, and the premises shall be re~tored as required herein; and (8) A bond with approved surety in such amount as the Director o~ ~Isnnlng may determine, shall ~e furnishe~ prior to undertaking any work under th~ permit guarantee- ing the faithful performance of all the applicable requirements in this Chapter. (C) Junk yards provided that: [1~ Such u~a i~ set back at least 100 feet fro~ right~ of way and aOjacent properties except as provided in Section 21.1-I99(b)~ (2} Such nee shall be ~cruened from view of rights of way aD~ adjaoen~ properties with land~caping and a solid board fence or a solid wall; {3) Junk vehicles or parts thereof shall no~ be e~orad in pile~ %hat e~ceed the height o~ the screening; (4) No collection or storage cf any dangerous material such a~ explosives, chemicals, gases, or radio- active substances shall be permitted; and (~} No such use shall p~rmit liquid waste or any other substance harmful to sell or plant life %0 seep or Slow through, under, over or across ad~oinin~ property. Sec. 21.1-1~. Accessory Uses. The following sccessory uses shall be permitted in the I-3 District: (a) Accessory u~en permitted in the I-2 District, unles~ otherwise permitted in the t-3 District. (h) Such other accessory u~es which are not prohibited and which are customarily accessory and incidental to any Sec, 21.1-197. Conditional Uses. The following uses may be allowed by Conditional Use in the I-3 District, subjeut to the provisions cf Section 21.1-9: 89-389 (a) Any Conditional Use allowed in the unless otherwise permitted in the I-3 District. garbage, transfer (d) (e) city for (h) (i) (J) Statewide I-2 District, Fertilizer manufacturing. Inoinerating, reducing or dumping of dead animal~, or refuee for compensation, including loading or thereof and sanitary landfille. Slaughterhouses. Stockyards. Blectric power generation plants producing electri- others. · Animal and marine fats and oils manufacturing. Ordinance and accessories--manufacturing and storage. Petroleum refining and related industries. Any other uee which i~ classified by the Uniform Building Code as high hazard or by reason of ~ nature or manner of operation is or may become more hazardous, objectionable, or offensive than other uses permitted by riqht in this District and is incompatible with such uses because of odor, duet, emoke, cinders, fumes, noise, vibration, wastes, fire, explosion, glare Or unsightliness. Sec. 21.1-192. Special ~xceptions. The following uses may be allowed by Special Exception in the I-3 District, subject to the provi~ions of Section 21.1-14: (a) Any Special Exception allowed in the I-2 District, unless otherwise permitted in the I-3 District. Sec. 21.1-199. Required Conditions. In addition to the other requirements of this Chapter, the following conditions shall be met in the I-3 District: (a) In addition to any other requirements of this Chap- ter, the uses permitted in this district, plus any accessory uees, shall be located at least 300 feet from any agriculturalt residential, townhouse residential, or multi-family residential district and at least 200 feet from any office, research and development, or business district subject to Section 21.1-202. ~ICi~ 4. DEVELOPMenT STANDARDS COUNTYWIDE. The following requirements shall apply to all development within the County. In addition to these standards, there shall be additional standards which apply to residential, office, conu~ercial and industrial development, a~ well as signs and access and internal eiroulation and other a~pects of devel- opment as provided in this Chapter. DIVISION 1. GENERALLY-COUNTYWIDE. Sec. 21.1-200. Continued Conformity with Bulk Regulations. The maintenance of yards and other open space and minimum lot area legally required for a building or use shall be a continuing obligation of the owner of such building or use or of the property on which it is located as long as the building or use is in existence. Furthermore, no legally required yards, other open space, or minimum lot area allocated to any building or use shall, by virtue of change of ownership or for any other reason, be used to eatiefy yard, other Open Space or minimum lot area requirements for any other building or use. 89-390 Sec. 21.1-ZOl. Minimum Requirements Net to be Encroached UpOn. The minimum yards, parking space~ and other open spaces, including lot area required by this Chapter ~ar every building er use existing on April 12, 1989, or for any buildlag er use hereafter erected, shall not he encroached upon or considered ss yard or parking space or open space required for any other building cr use, nor shall any yard or lot area be reduced below the district requirement of this Chapter, except as pamitted in Section 21.1-9. .S~e. 21.I-292. Variations in Requirements when Adjacent to Vacant 5~nd Zoned Agris~Ltural. agricultural district that is designated for office, commer- cial, or industrial u~e by the Coastal Plan, then the ~eveiop- meat requirements may be reduced in accordance with th~ reduc- tions permitted herein as if the zoning lot were adjaoen~ to property zoned 0, ~, and I. Sec. 21.1-203. Division of Zoning Lots. ~e improved zoning lot shall hereafter b~ divided into two ~2) or more zoning iota and no portion Of any i~proved zoning lot shall be sold, unless all improved zoning l~t~ r~ulting from each such division or sale shall conform with all th~ applicable bulk regulations of the zoning district in which the property is located and with the reguirements of Chapter S~c. 21.1-204. Location cf Required Open Space.. Except in She case e~ planned developments, all yard~ and ct~er open Spaces allocated to a building, group of buildings or use shall be losated on the sams zoning lot as such build- ing, or group of buildings er use. Sac. 21.1-205. Uses without BuiI~.in~s. Wh~re a lot is to be occupied for a permitted use without buildings, the yards required for such lot shall be provided and maintained unless otherwise stipulated in this Chapter; except, that side yards shall net be required on lots aged for garden purposes without buildings or structures. S~c. 21.1-~96. Dumpeters, Garbage Cans and Trash Compact~r Areas, In all R-MF~ R-TH~ O, C and I DiSerlcts, solid waste storage ~reas {dumpsters, garbag~ cans, trash compactors, etc.) shall be screened from view of adjacent property and publ~ rights of way by a solid fence, walk, dense evergreen plantings er architectural feature+ Such storage ar~as shall, observe the parking setbacks of the district in which located. F~rther in any O, C or I Di~rict~ solid waste Stor~ge areas shall .be separated from any residentially sone~ property or any property being used for residential purposes by the principal building. Solid waste sto~age ar~as located on property zoned R-T~ R-MP, ur within 1000 f~t of any property zoned reslden~ially or any proper~y use~ %or residential purposes ~hai1 not uerviced between the hours of 9:00 p.m. and 6~00 Sec. 21.1-207. Front Yards for Cemeteries and Graveyards. Th~ minimum fro~t yard regulation for buildings ~hall apply to all graves in new or existing cemeteries and grave- yards, except ~here existing graves are closer to th~ road, in which case any new graves may be located as close as the closest existing grave; except, that nO n~w graves shall be ulossr than fifteen {I5) feet to a public right of way, nor 89-391 within any ultimate right of way, as designated On the General Plan. Sec. 21.1-208. Measurement of Yards. (a) In any project located in an O, C or I District required setbacks shall be measured from the project boundaries and public rights of way regardless of whether individual lots are created or not. (b) The minimum front yard depths specified herein, and the minimum widths of side yards on the street side of corner lots, shall be measured from the existing street right of way line, except where a street is designated for widening or extension by an adopted plan, in which case the measurement shall be taken from the future right of way line. In deter- mining the location of such future right of way lines, it shall bs assumed that the street is to be widened equally ~n both sides of the established center line to the full width desig- nated by an adopted plan unless determined otherwise by the Director of Transportation or there is on file with the Depart- ment of ~ransportation an attested copy of an officially adopted detailed highway plan for such street widening, exten- sion or location. Except for special access streets, in no cass shall any street in an "R-TH", "R-MF", '~R" or "A" District be considered, for the purpose of this Section, as having a right of way less than fifty (50) feet wide and in any other district less than sixty (60) feet wide. Each yard shall be measured horizontally to the nearest point of the building or use area, except for allowable projections. Special access streets shall be considered, for the purpose of this Section, as having a right of way or easement width of a minimum of fifty (50) feet. setbacks from special access streets shall not be required unless the Director of Transportation deter- mines that setbacks are needed to achieve safe ingress and egress to the property adjoining the street. Special access streets shall not be located within required front or corner side yard setbacks. Sec. 21.1-209. Through Lots. Buildings on lots that extend through from street to street shall conform to the required front yards on both streets, but need not conform to the required rear yards. Sec. 21.1-210. Ma~or Arterials - Yards. Adjacent to major arterials where there is an existing principal building(s) on both sides of, and within 200 feet of, a proposed principal building(s) in the same block, the pro- posed principal building(s) need setback only as far as the average setback of the existing principal building(s). Where there is no existing buildin9 within 200 feet on one side in the same block, the setback of the existinq building may be averaged with the required setback of the district. However, no building shall be set back less than fifteen (15) feet from a proposed right of way line. When averaging setbacks, no existing building shall be considered to have a setback of less than zero (0). The setback for parkinq areas may be calculated in the same fashion using existing parking areas to average. Sec. 21.1-211. Yards - Setback Exemptions. The following buildings, parts of buildings, and uses may occupy or project into required minimum yards as indicated: (a) Into any yard, cornices, eaves, sills, leaders, belt courses, chimneys, canopies and similar ornamental features: three (3) feet; uncovered stairs or fire escapes: four (4) feet six (6) inches; terraces, steps and landinqm not higher than the entrance floor of the buildinq: ten (10) feet; bay windows and balconies occupying not more than One-third (1/3) 89-392 of the Wall lengthz three (3) feet; entside storm ~nclosures that no such projection shall extend to within l~s~ than five (5) feet of any interior side lot llne nor within les~ than ten (1O~ feet of any street side tot line. (b) Structure~, ~uch as porchee, carports, drive-in window canoplss, open on three (3) sides, to include gasoline canopiest may extend into: a required side yard not more th~n one-half (1;2) the required side yard if it does not come closer than five (5) f~et to the side lot line~ a required front yard not more than ten (lQ) feet; and a retrained rear yard of not more than ten (10) fe~t. (c) Front and corner ~ide yard requir~ants shall not apply to bus sheltmrs, telephone booth~, guardhouses or struc- tures supporting a ~eurity or traffic control function. Sec. 21.1-~12. Kelqht Exemptions and (a} ~elght limitations ~hall not apply to church belfries, cupolas, domee! heat transfer units, tanks, ments, water towers~ chimneys, flues, flagpole~, radio or television antennas, or similar ~t~uctures, having an area less than twenty-fiv~ (~] percent of the ground floor buEldlng area, nor the parapet walls or bulkheads extending not moro than fou~ (4) feet above the limiting h®iqht of the building, ~or to grain ~levators, d~rrieks or other necessary in4ustrial, utility or public service structures; provided, that no such str~cture ~hall exceed a height in any "R", "R-TH", "R-Mr", "0-1" or "C-1" District of fifty (50) feet~ nor in any other district of 1BO {b} The permitted heights of buildings and structures shall be reduced if the ~irector of Planning determines that the structures would interfere with air traffic at the County Airport or the County's ~mergency Communication System. DIVISION 2. PARKING. Sec. ~l.l~21~. G~nerally. In all distriot~, off-street parking areas shall be provided in connection with and as an accessory use to sash and every use on the premises to be served~ ~ub3ect to Section See. 21.1-214. Restriction~ mag Limita~ions~Resldentiai, Townhousa aesidential,, and Multi-family Residential. (a) Parking and ~tcrinq recreational ~quipment in '~R," "R-TH" and ~R-FIF" (1) In all "R" Districts, only two (2) items of reoreen~onaI 6quipment may be parked on u zoning lo~ for each dwelling unit thereon, other t/]en in a totally enclosed b~ilding. Further, alt recreational equipment shall he parked or stored in a rear yar~, except for loading or unloading, and shall be set hack at least ten (I0) feet from the rear lot linms and five (5) feet from the side lot lina~. No trailer or vehicle shall have its wheel~ r~moved ~xcep~ for repair purposes. (2) Nc recreational e~uipment shall be used for living or business purposes, or connected to u~ility services except for maintenance purposes. (3) In "R-T~" and "a-MF" District~, the parking and storing of recreational equipment shall be prohibited unless a common storage area(s) is (are) provided for recreational vehicle parking, including boats, tru0ka exceeding 4,000 poundm net weight end two (2) axI~s, 89-393 campers, and travel and utility trailers. Parking spaces for recreational equipment and/or vehicles shall be in addition to that required for parking private vehicles. Said storage area or areas shall be effectively screened from view. (b) Truck parking in "R", "R-TH" and "R-MF" Districts. No off-street parking area or other premises in an "R", "R-TH" and "R-MF" District, except on a farm where much use is inci- dental to farming, shall be used for the parking er storage of any truck or commercial vehicle exceeding 4,000 pounds net weight and two (2) axles except while loading or unloading on such premises. Sec. 21.1-215. Compliance with Regulations Necessary B~fore Permit Issued. No permit shall be issued for the occupancy of any build- ing hereafter erected, located, reconstructed, enlarged, converted, or altered, or of any premises for which the use is changed, until the parking spaces required herein have been completed. Sec. 21.1-216. Interpretation of Mpecific Requirements. (a) For any use not listed, the requirements of the most similar listed use shall apply, unless otherwise specified. (b) Except for shopping centers, in the case of mixed use developments, parking spaces shall be provided on the basis of the sum of the required spaces for each use, or based on site design and the specific mix of uses. The Director of Planning or the Planning Commission through site plan and/or schematic plan review may grant a reduction in the required number of parking spaces based on shared use by activities having dif- ferent time demands for spaces and/or provision of pedestrian- ways between uses. (c) Where fractional space results, the required number of parking spaces shall be construed to bs the next highest whole number. Sec. 21.1-217. Parking spaces Required. Except as provided for in Section 21.1-255.4.(a), the number of parking spaces to be provided for each use shall be as follows: USE (al Residential and Lodging Dwellings to include= single family, two family, multi-family, townhouses, and manufactured or mobile homes. (2) Motels, hotels, boarding houses, --with lounges/restaurant --with meeting facilities (3) Rest homes and nursing homes. NUMBER OF SPACES Two (2) for each dwelling unit. One (t) per bedroom. add one (1) per 150 sq. it. for such area. add one (1) per three (3) seats for such area. One (1) for each ~eur (4) beds. (b) Educational Schools 89-394 Collegs~, uniYer~i~ies, senior high ~chools Igrades 10-12). 12) Elementary and junior high schools (grades 1-9). Nnrs~ry ~chooI$ and child care centers. Churches an~ funeral parlors Cl~bs~ lodges and assembly halls without fixed seats. (3) Stadiums and arenas. (4) Theaters, auditoriums ~ other places of public assembly with fixed s~atg+ (d) Mmdical ~ospitals. Recreational (1) Driving ranges. (2) Golf courses. (4} Swimming pools. (5] Tennis, racquetball, ~qua~h, and handball courts. (6) Oth~r indoor commercial recreational facilities. One (1) for each employee, plus One (1) for each six (6) s=udents (maximum a~ one ~l) time). Five (5} plus ampleye=. One {1} for each twenty (20) children enrolled up to a maximum of [6) speces, plus one (1) for each 21.1-219 (e) (2). One {1) for each four (4) s~ats. One (1) for each 100 sq. ft. of flour ar~a used for assembly. One (1) for each four (4) seats. One (1) fer each three (3} ~et~. 1.5 for each bed. 1.2 for each driving tee. Sixty (60) per nine (9) holes. Three (3) for each hol~ for the first eighteen (i$) holes, plus two (2) for each hole ~or ~he second eighteen ~1~) holeD, plus one (1) for e~ch hole thereafter. One (I} for each n~nety (90) sq, ft. of combined 8wi~ing and wading areas. Pour (~) for each One (1) for each 200 sq. ft. e£ gross floor area. 89=395 (f) Vehicle Sales and Service (1) Self-service gasoline stations. (2) Motor vehiele service stations. (3) Vehicle sales, service, and rental establishments [to include bicycles). (g] office and Business (1) Building supply or home centers. (2) Furniture and appliance store. {3) Kennel, commercial. (4) offices. Buildings having a gross floor area of 10~000 square feet or less. Buildings having a gross floor area in ~xcess of 10,000 square feet, but less than 50,000 square feet. (c) Buildings having a of 50,000 square feet, but less than 75,000 square feet. 89-396 One (1) for each 200 sq. ft. of gross floor area for attendant's booth, store, etc. Three (3) plus thr~e (3) for each service bay. One (1) per 400 sq. ft. cf enclosed sales, rental, office, and parts floor area, plus one (1] for each 2,500 sq. ft. of open sales/rental display area, Dlus three I3) for each service bay. One (1) per 400 sq. ft. of gross floor area located within a building plu~ one (1) par 2,000 sq. it. of storage outside main building. One (1) per 750 sq. ft. of qro~e floor area. One (1) for each 500 sq. ft. of gross floor area, five (5) spaces minimum. One (1) for each 200 sq. ft. of gro~ floor area, five (5) spaces minimum. One (1) for each 200 sq. ft. of gross floor area for the first 10,000 sq. ft. of gross floor area plu~ one (1) for each 250 square feet in excess of 10,000 square feet. One (1) for each 200 sq. ft. of gross floor area for the first 10~000 sq. ft. of gross floor area plus one (1) for each Buildings having a greta floor area of 75,000 square feet or greater. Restaurants. Drive-in and/or fast food {h~ Retail stores, personal serviues and repair shops, bank~, etc. Shoppin~ centers or gimilar retail groups of buildings. Business and Industrial Mini-warehouses. (2) Officm warmhonses, when the office space is less than fifty (50) gross floor area of th~ are permitte~ a~ an accessory mere than fifty (50) percent and re=ail uses are not permitted. (3) O~fice warehouses when the office space is more than fifty (50) percent of the gross floor area of the building and re%ail use is permitted as ~9-397 250 square feet £ur ~he n~xt 4O,OOO feet, plus one for each additional 300 feet in of 5O,00O square feet. One (]) for each 208 square feet of gross floor area for the first 10,000 square feet of gro~s floor area, plu~ one for eaoh squar~ feet for the feet plus one [1} for each additional 360 square Zest for the square ~eet en~ (1) for each a~itional 4QO square feet in square !est. ft. of gross floor area. 2.0 per 100 sq. ft, of gross fifteen {t5) One (1) per 200 gress flour area. 4.4 per 1,000 sq. ft. of gross floor One (~) per e~loyee, five (5) spases minimum. ft. Of floor area. One {ll per 300 sq. (4) Office warehouses when the office space is less than fifty {50) percent and there is no retail space. (5) Manufacturing and industrial plants, including related offices, laboratories, warehousee and storage. (6) Laboratories, research and development facilities, other than those related to manu~ facturing. (7) Warehousing, wholesaling houses and distributore. (i) Other Ambulance service or rescue squad. Greenhousesv nursery centers, lawn and garden centers. One (1) par 750 sq. ft. of gross floor area. One (1) per em- ployee up to 300, plus one per two (2) employees in excess of 300. Spaces to be computed based on maxlmu/~ ntu~ber of employees on site at any one time. One (1) per 300 sq. ft. cf gross floor area. One (1) per employee, plus one (1) p~r 1,000 sq. ft. of gross floor area, plus one (1) per company vehicle (spaces to be computed on maximum number of employees on-site at any one time). Three (3) per motor vehicle operated (2) One (1) per 200 sq. ft. of gross floor area located within a building plus one (1) per 700 sq. ft. of gross greenhouses or open storage/growing Sec. 21.1-218. Handicapped Parking Space Requirements.. (al A minimum of three {3) percent of the first 200 parking epaces required for any use, but in no case less than one (1) space, shall be provided and designated for use by the physically disabled. For uses which have more than 200 required parking spacee, six (6) spaces plus one (1) percent cf the required spaces in excess of 200 spaces shall be provided for the physically disabled. This requirement may be modified by the Director of Planning or th~ Planning Connnission through schematic and/or site plan review where the applicant can demonstrate %hat fewer spaces will be sufflci~nt. (b) Handicapped parking spaces shall be twelve (12) feet--six (6) inches wide and eighteen (18) feet long. The spaces shall be located as close as possible to building 89-398 entrances or centrally located in parking lots between build- ings and serving both buildings. {c) Inclined ramps shall be provided and shall be signed to provide access from both sides of e vehicle directly to a sidewalk. Ramps shall have a minim~un widt~ of five feat and ahalI have a maximum slope of one (1) unit vertical in twelve (12) unit~ horizontal (d) Handicapped spaces shall be identified by above grade signs as reserved for physically handicapped person~. The lower edg.e of signs shal~ be at least four (4) feet above- grade, but no higher than seven (7) feet above-grade. sec. 21.1-219. Design Standards for Off-Street Parking. (a) Each paved off-street parking ~pac~ shall b~ of such shape~ lo~ation and designed as to be e~fectively ~sable. Except for handicapped spaces, spaces shall be at lea~t 16~ square feet in area with a minimum width of 9.0 feet. Gravel perking spaces, where ps--mitred, shall be at least 200 squar~ feet in anea with a minimum width of ten (10} feet. (b) Except as stated herein, driveway widths shall be (1) Two-Way One-Way Traffic Traffic ~etween two rows of 9~0 parking 24 22 Between two row~ of 6~O parkln~ 24 16 Between two rows of 45° parking 24 14 Serving a single row of 90° parking 22 18 Mervinq a single row e~ 60° parking 20 14 Serving a single row of 45° parking 20 12 24 12 Drives with ne parking On either ~ide (2) For drives serving thirty {30) or less vehicles and where parking is not provide~ on either side, the width for two-way drives can ba reduced to twenty-two feet. (3} For drives serving fifteen (15) or le~s vehicles and where parking is not provided on either side, the {C} Driveway servin~ mini-warehouse facilities. On~-way drives serving m~ni-warehouse facilities shall he a minimum of twenty-two 122} feet in width. (d) Surface Treatment. (1) Except for single family residential and farm us~a, and in I-2 and Z-3 Districts~ driveways and parking ar~as shall be paved with concrete, bit~inons concrete, or other similar materiel. Except in I-2 and I-3 Districts, surface treated parking ar~as and drives shall be pr0hibit~d. Generate curb nn~ gutter shell be installed around the perimeter of all paved driveways and parking areas. Other curbing material of similar quality, such as brick or cobblestone, mhall be permitted at the discretion of the Director of Planning or Planning Commission through ~ite or schematic plan review. Drainage shall he designed ~o as not to interfere with pedestrian traffic. {2} In I-2 and I-3 Districts, employee or visitor parking areas shall be surfaced with e minimum of ~ triple shot of tar aud gravel. Other parking areas shall have a minimum surface Of six (6) inches of ~21 o~ ~21A stone. 89-399 (3) In all districts, for parking areas of four (4) spaces or less, the area shall have a minimum surface of six (6) inches of ~21 or #2lA stone. (4) Where curb and gutter are not required herein and not necessary, as determined by Environmental Engineering, the perimeter of driveways and parking areas shall be delineated by a permanent means such as bumper blocks, railroad tlss, or timbers (having a minimum end dimension of six (6} inches by eight (8) inches) or similar such treatment. Delineation materials shall be secured with a minimum of %we (2) re-bars to the ground, pavement, or other feature which is permanently attached to the ground. (e) Stacking Lane Requirements. Stacking space shall be provided for any use having drive-through facilities or areas having drop-off and pick-up areas. Stacking spaces shall have a minimum length of eighteen (18) feet. Stacking spaces shall conform to the parking setback for the district in which it is located. Stacking spaces ~hall be designed so as not to impede on and off-site traffic movements or movements into and out of parking spaces. Stacking spaces shall be separated from other internal driveways with rai~ed medians, as deemed necessary for traffic movement or safety, by the Director of Planning. Stacking spaces shall be provided as follows: (1) Banks or other financial institutions with drive-in windows: four (4) stacking spaces for the first drive-in window plus two (2) stacking spaces for each additional window. {2) Nnrsery schools and child/adult care: parking areas and driveways for nursery schools and child/adult care activities shall be designed to provide an area for drop-off and pick-up. This area shall be connected to the main building by a sidewalk to p~eclude the need for children to cross any driveway. Driveways, ~ntrances and exits should be designed to maximize pedestrian safety. Further, a sidewalk shall be provided f~om the building to an approved school bus pick-up and drop-off area. (3} Car washes: a. Automatic o~ drive-through car washes shall have a minimum of seven (7) stacking space~ for each bay. b. Self-service car washes shall have a minimum of three (3) stacking spaces for each bay. (4) Drive-in or fast food restaurants: six stacking spaces for the first drivevin window, plus two (2) stacking spaces for each additional window. (5) Other uses with drive-in windows such as dry cleaners, convenience stores, etc.: three (3~ stacking spaces for each window, Sec. 21.1-220. Control of Off-Site Parking Facilities. In cases where parking facilities are permitted on land other than the ~oning lot on which the building or use is served is located, such lot shall be zoned to permit the use for which the parking is intended to serve. The owner shall obtain a lea~e, the duration of which ie acceptable to the Director cf Planning, and record said lease with the Clerk of the Circuit Court. sec. 21.1-221. Off-street Loadin~ Requirements. 89-400 O~f-s~rset ~oadin~ spaces shaZ1 Be provided, based on frequency of ~eliveries, types of delivery vehicle~, nature of the business, product delivered, c~ other factors relatin~ to the use of the property, as determined by the bisector of Planning. DIVZSlON 2. LANDSCAPING. ~e~. 21.1-222. Purpose and Intent--Landscaping. A comprehen~iv~ landscaping program for each individual lot or parcel ia ~ssenCial for the visual enhancement of the county and to protect and promote the appearance, chara~t~r~ and eQonomi= values of land. Whenever possible, malntenan~e of the existing topography is encouraged. The purpose and of ~uch landscaping requirements is also to reduce the visibility of paved areas fro~ ad,scent preperti~ and moderate climatic effects, minimize noise and ~lare, and enhance public ~afety by defining spaces to influence traffic movement. Landscaping will reduce the amount of ~torm water runoff and provide transition between neighboring properti~. See. 21.1-223. Landscaping Plan and Plantlnq (a) A conceptual landscaping plan shall be submitted in conjunction wit~ ~inal site plan approval. (b) such landscaping plan ~hall he drawn to including dimension~ and did%encee, and clearly delineate all existing and proposed parking spaces or other vehicle access aisles, driveway~, an~ the 1DCa%ion, size and descrip- tion of all landscaping material~. Sec, 21.1-224. Plant ~aterials S~ecifications. (a)~' Ail plant materials shall be living and in a h~althy ~n. Plant materials u~ed in conformance with the provision of these specifications shall conform 'to the standards of the mo~t ree~nt e~ition of the "Amerisan Standard for Nurser~ Stock,'~ published by the American Association of NurEery~n. (1) ~lI Deciduous Trees. Small deciduon~ trees shall be of a species having an average minimum mature crown ~pread of grea~er %hen twelve (12) feet. A minimum caliper of at least two and one-half (2 1/2) inch~ at the time of planting shall be required.. (2) Large Deciduous Trees. Large deciduous trees ~hall he of a species having ~D average minimum ma=use crown spread of greater than thirty (30) fe~t. A minimum caliper of at least three an~ one-half (3 1/2) inches at the time of plan=ing shall be required. minimum height of five (5) feet at the tim~ of planting. (4) Medium ~hrubs. Shrubs and he,ge forms shall hays a minimum height of two (2) feet at the time of planting. (c) Landscapin~ Design. Generally, and except where otherwise indicated in any applicablu, cfficially adopted plans and guidelines for landscaping, plan=ing required by this Divi~±en Should be in a~ i~regular line an~ spaced at random. Clustering of plants and tree species shall be required to provide a professionally acceptabl~ composition and mix of vegetation. Decorative walls and fences may he integrated into any landscaping program. The use of such wall~ or fences, whsn havfng a minimum height of three (3) ~eet, may reduce the 89-401 amount of required plant materials at the discretion of the Director of Planning or the Planning Co~mission for these uses requiring site plan approval and the ~lanning Commission for those uses requiring schematic plan approval. (d) Tree Preservation. Preservation of existing trees and shrubs shall be maximized to provide continuity and im- proved buffering ability. Except when otherwise necessary to provide access, any trees, eight (8) inches or greater in caliper, located within the ~etback from a public right of way shall be retained unless removal is approved by the Director of Planning er Planning Con~is~ion for those uses requiring site plan approval and the Planning Co~ission for those uses requiring schematic plan approval. Any healthy existing tree or mhrub may be included for credit towards the requirements of this Division. I~ any preserved tree or shrub that has been credited dies within three (3) years of construction, one tree or shrub shall be planted for each tree or shrub lost, respectively. Ail existing trees, plus any shrubs which are to be preserved, on the site shall be shown on the required landscaping plan, or where there are groups of trees, or shrubs, such groups may be outlined. Any e×i~ting trees to be removed shall be clearly delineated on the landscaping plan. (e) Maintenance. The owner, or his agent, shall be responsible for the maintenance, repair, and replacement of all landscapinq materials as may be required by ~he provisions of this Division~ Ail plant material shall be tended and main- tained in a healthy growing condition and free from refuse and debris ah all times. Ail unhealthy, dying or dead plant material~ shall be replaced during the .next planting season. All landscaped areas shall be provided with a readily available water supply. The utilization of underground storage chambers to collect runoff to be later used to irrigate plant materialD is encouraged. (f) Installation and Bending Requirements. (1) All landscaping shall be installed in accordance with p:ofessionally accepted landscaping practices and procedure~. Landscaped areas shall require protection from vehicular encroachment by such means as, but not limited to, wheel stop~, concrete or bituminous curbs. (2) Where landscaping is required, no certificate of occupancy shall be issued until the required landscapinq is completed in accordance with the approved landscape plan. When the occupancy of a structure is desired prior to the completion of the required landscaping, a certifi~ cate of occupancy may be issued only if the owner or develope~ provides a form of surety satisfactory to the Planning Department in an amount equal to the costs of completing the required landscaping. (3) Ail required landscaping shall be installed and approved by the first planting season following issuance of a certificate Of Occupancy or the surety described above may be forfeited to the County. This requirement shall not preclude the phasing of landseapinq programs for larger development projects, the timing of which shall be approved by the Director o~ Planning. (g) Perimeter Land~caping. Landscaping shall be required at the outer boundaries of projects or in the required yards of a lot or parcel or development and shall be provided except where driveways Or Other openinq~ may be required. There shall be different landscaping requirements in yards and parking areas as identified herein and in the particular districts, which shall be provided as follows: (1) Perimeter Landscaping A. 89-402 a. At least one (1( small deciduous tree for each fifty (S0) iin~al f~ct and at least one everqreen free for each fifty (50) lineal feet; b. At least one (1) medium shrub for each c. Low ~hrub$ and ground cover reasonably dispersed throughout. (2) Perimeter Landscaping B {Option T) a. Af least one (1} large deciduous tree for each fifty (5~) lineal feet and at least one (1) evergreen for each thirty (30) lineal feet; each fifty (50) lineal feet~ c. At least one (11 medium shrub for each fifteen (15) lineal feet; and d. Low sbrub~ and ground cover disDersed a, A minimum three (3) foot high undulating b~rm; and b. Perimeter Landscaping A. (4} Perimeter Landscapinq C (Option I) a. A~ leas= ene (Il large deciduou~ tree for each fifty (50) lineal feet and at least erie e~ergreen ~ree fur each thirty (30) lineal feet~ b. A~ least one (1) small deciduon$ tree for each {hi,fy (30) lineal (10) lineal feet; an~ (5} Perimeter Landscaping C (0ptien II) a. A minimum four (4) foe: high undulating b. Perimeter Landscaping B. (6) Perimeter Landscaping D. a. A~ least one (1) large deciduous tree for ~ach fifty (~0} lineal ~sst and at least one {1) evergreen for each thirty (30) lineal feet; b. At lea~t one (1} small deciduous tree for every fifty (50) lln~al feet; and c. At least one (l}, medi~ shrub for every five (5) lineal feet, or continuous hedge forms for the entire lot width, or a continuous pioket fence for the entire lot width, no ~horter fhan three (3) feet and nu taller thee four (4} feet, painted white or whitewashed; and ~9-40~ d. Low ground cover reasonably dispersed throughout. (7) Perimeter Landscaping a. At least one for each thirty (30) One (1) evergreen for feet~ and b. At least one (1) large deciduous tree lineal feet and at least each thirty (30) lineal (1) small deciduous tree for every thirty (30) lineal feet; and c. At least one (1) medium Shrub for every five (5) lineal feet, or continuous hedge forms for the entire lot width, or a continuous picket fence for the entire 10t width, no shorter than three (3) feet and no taller than four (4) feet, painted whi~e or whitewashed, or an undulating berm, for the entire 10t width, at minimum four (4) feet tall; and d. Low shrubs and ground cover reasonably dispersed throughout. (8) Perimeter Landscaping F. a. At least one (l) large deciduous tree for each fifty [50) lineal feet and at least one (1) evergreen for each thirty (30) lineal feet; and b. At least one (1) small deciduous tree for every fifty [50) lineal feet; and c. Continuous hedge forms for the entire lot width, no shorter than three (3) feet at planting and five (5) feet at maturity, or a continuous picket fence or lattice fence for the entire lot width, no shorter than five (5) feet and no taller than six (6) feet, or a continu- ous, solid or pierced red brick and mortar wall for the entire lot width, nO shorter than five (5) feet and no taller than (6) feet, provided that no more than £crty percent (40%) of the vertical fac~ of such wall is open piecework; and d. Low shrubs and ground cover reasonably dispersed throughout. Sec. 21.1-225. Landscaping Standards for Surface Parking Areas. (a) Quantity. Any paved parking area shall have at least twenty (20) square feet of interior landscaping for each space. Each required landscaped area shall contain a minimum of square feet and have a minimum dimension of at least 9.0 feet. A maximum of ten (10) percent of the required area may be in smaller areas if approved through sit~ plan or schematic plan review. (b) Materials. The primary landscaping material used in parking areas shall be trees which provide shade or are capable of providing shade at maturity. Except as required by Section 21.1-255.4. (b), each required landscaped area shall include at least one (1) small tree, as outlined in this Division. The total number of trees shall not be less than omc [1) for each 200 square feet, or fraction thereof, of required interior landscaped area. The remaining area shall be landscaped with shrubs and other vegetative material compatible with the tree landscaping. 89-404 [C} Design. Landscaped areas shall be reasonably dis- persed throughoub, located so as to divide the expanse ef paving. Landscaped arsa~ shall also define vehicular-versus ped~gfrian-ways. The area designated ss. required setbacks shall not be included as part of bhe required landscaped area. DIVISION 4. BUFFERS AND SCREENING. Sec. 21.1-226. Purpose and Inten%. (a) Buff~s shall be designed to provide a horizontal tion; provide ~ran~i~ion and s~paratien; reduce neigs and glare; and/or maintain privacy. Buffers shall provide inter- mittent visual separation between uses. (b) Screening shall provide a vertical barrier and ~hall ~ denigned to block visual or noise impact, Where unreiabed ac~iviti~ ar~ located adjasent to oas another, buffers and screening shall ba ~aed qe insure compatibility between adja- (a) Puffers ~hell be provided in accnrdanee with Section 2].1-228 and in aCCOrdance with the provisions of this Divi- sion. ~ addition fo the buffers required herein, the ~oa~d Of Superviser~ er Board of Zoninq Appeals may r~quire buffers at the ti~e of their final decision on applications lawfully before them, of s~ch l~ngth, width and typ~ as will effectively and appropriately ~ffer one use froa~ another use where auch use~ are d~d t0 be incompatibl~ whether such uses be within the same districts or in different dis~icts, Such buffers, when required~ shall not be used for any purpose other ~han as permitted herein, or as permitted by the action of the Board of Supervisors or Board of Zoning Appeals. (b) Existing mature vegetation located within required buffers shall be maintained unless removal is approved by the Planning Commission for those uses re~iring schematic plan approval end the Director of Planning or Planning Commission for those uses requiring ~ito pla~ approval. Further, pre- served v~qetation may be substituted f~r required landscaping maeerials upon approval by the ~lanning commiaslon for those uses ra~ir~ng ~chematic plan app~0~al and the ~lannlng Commis- sion or the Director of Planning for those use~ requiring site plan approval. {c) Buffers ~hatl be provided on the lot cr parcel in conformance with the matrix set for~% in section 21.1-229. {4) Where the develupmen% is to contain more ~han one uae or group of uses~ the more stringent requirements Ob the matrix shell apply. (~) ~uffers shall bs required at the outer boundari~a of a let along the rear and/or side proper~y lines and shall be pr~vld~ ~×¢ept where driveways or Other opening~ may be required. (f) Buffers shall be inclusive of r~quired (g) Wh~re required, screening shall provide complete visual separation of e~tside storage~ loading docks, overhead doors, service areas, trash collection e~orage areas, vehicle storage yards and similar uses. (h) The only uses permitted by right in buffers shall be landscaping and ~er~ening as permitted hersin~ however, the Direo%or of ~lanning or Planning Co, isaiah may permit signs; a~curity fencing; utilities which run generally perpenai~ular through the buffer; pedestrian walkways7 or nimilar uses ~9-405 provided the spirit and intent of the requirement is main- tained. (i) Except for buffers required by the Board of Super- visors or Board of zoning Appeals, the requirements for buffers and screening may be waived and/or modified by the Planning Commission during schematic or site plan review and approval under any of the following conditions: (1) If the strict provisions of this Division reduces the usable area of a lot, due to lot configuration or size to a point which would preclude a reasonable uss of the lot, buffer and/or screening requirements may be waived or modified provided the side or rear of a building, a barrier, and/or the land between that building and the property line, has been specifically designed to minimize adverse impact through a combination of architec- tural and landscaping techniques. (2) Where the building, a barrier and/or the land between that building asd the property line has been specifically designed to minimizs adverse impact through a combination of architectural and landscaping techniques. (3) Where the adjoining land is designated in the General Plan for a use which would not require the provi- sion of buffers or screens. (4) Where the adjoining property is used for any public purpose other than a school, day care center or hospital. {5) Where adjacent residential or agricultural property is used for a compatible use which has been permitted by the Board of Zoning Appeals as a special exception or the Board of Supervisors as a conditional use. used for (7) merits of When the adjoining land is an R district and is non-residential purposes. Where the topography is such that the require- this Division would not be effective. (8) ~etween uses that are to be developed under a ccnmmon development plan. Sec. 21.1-228. Buffer and Screening Requirements. (a) Buffers shall be provided as shown on the buffer width matrix in Section 21.1-229. Landscaping shall be accom- plished within required buffers as follows: (1) A twenty-five (25) foot buffer shall conSiSt of an unbroken strip of open spacs and shall be planted in accordance with Perimeter Landscaping C. (2) A fifty (50) foot buffer shall consist ci an unbroken strip of open space and shall be planted at 1.5 times the d~nsity of Perimeter Landscaping C. (3) A seventy-five (75) foot buffer shall consist of an unbroken strip o~ open space and shall be planted at 2.0 times the density of Perimeter Landscaping C. (4) A 100 foot buffer shall consist of an unbroken strip of open space and shall be planted at 2.5 times the density of Perimeter Landscaping C. (b)~ Screening. Screening shall be accomplished by building design cr by the use of durable architectural walls or fences constructed cf comparable materials to the principal 89-406 guess to the represent the zoning lot: building and using'a design compatible to that of the principal building located on the property. Sac. 21.1~229. Buffer Width Matrix The required width of buffers ~hall be determinsd from the following matrix. The left column Of the matrix represent~ %ha use of the zoning lot on which the buffer must be provided, the top column of the matrix represents the ~se of property COnti- zoning lot. The interior numbers in the matrix width iD feet of the required huffsr on the BUFFER WIDTH MATRIX A* R-7/88 R-TH/R-ME A* + R-7/85 + + R-TH/R-ME + 50** 0-t + 40 0-2 + 50 C-~ + 40 C-2 + SO C-3 + 75 C-4 + 75 C-5 + t00 I-1 + 50 I-2 + 75 I-3 + 100 *Note; Buffers adjacent to ~acant apricultural zoning shall be determined based upon ~ha ~esignation of th~ agricultural property on the General Plan. **Notet Where R-7 through R-88 is adjacent to R-TH Or R-~iF Duffer shall be required on the R-TH or R-ME District. There shall be no bnffer requirements, unisys required by ~he Board of Supervisors or Board of Zoning Appeals b~tween any single family residential districts. p,IVISIO~ 1. GENE.~.LY.' DE~LOPMENT REQUIREMENTS-COUNT~IDE. Sec. 21.1~230. Street Frontaq~ Rsquired--Resid~ntial an4 h~ricultural. (a) Unle~ oth~rwlse specified and excep~ for fa~ 18.1-2 shall be used in whole or in pa~t for dwelling purposes ~nless such lot abuts for ut l~ast fifty (50) f~t upon street as herein defined. No lot o~ parcel of land abutbinq th~ terminuB of a public ~treet shall b~ dOemeO~ by virtue uf such abu~ent, to have i~s principal frontage on a public street~ unless such lot f~onts for at lea~t ~irty (30) fe~t on an approved ~e~manun~ cul-de-sac. 89-407 (b) No permit for the erection, moving or conversion of any building ena parcel outside a subdivision as defined in Saotion 18.1-2 ~hall be issued unles~ the street, highway or road adjoining the land on which such building is to be created, moved or converted is: a part of the state highway syste~m, primary or secondary; or, such street, highway or road has been improved to provide a Satisfactory means of ingress and egress for the public. This provision shall not apply to farm buildings or structures not designed for human habitation. Sec. 21.1-231. One Main Building on Each Residential or Agricultural Lot. Except in the case of planned developments, every principal detached residential structure hereafter erected Or ~trncturally altered shall be located on a lot and in no case shall there be more than one such building per lot unless otherwise permitted in this Chapter. Sec. 21.1-232. Residential, Townhuuse Residential and Multi-family Residential Land Not to be Used for Commercial No portion of any parcel or lot which is looated in any R, R-TH, or R-MF, District shall be used for access to any land which is located in an office, business or industrial district, or used for any purposes not permitted in any R, R-TN, or R-MF District. Sec. 21.1-233. Residential and ~ricultural Lots Which Do Not Satisfy Minimum Area or Width. In R or A Districts any lot, lots or parcel of land having an area or average width less than that required for a lot in the district in which it is situated, and which was under one ownership in 1945 and when no other adjoining land was at that tfme or since under the same ownership, may be used as a legal zoning lot provided that all other regulations of the district are Complied with. Sec. 21.1-234. Fences in Residential, Multi-family Residential, and Townho~se Residential Districts. In residential, multi-family residential and townhouse residential districts, unless otherwise specified, no fence or wall more than four (4) ~eet high shall be permitted in any front or corner side yard, nor shall any fence or wall more than seven (7) feet high be permitted in any side or rear yard. On a corner lot, ne structure or planting which might obstruct vision between a height of two (2) feet six 6 inches and a height of eight (8) feet above the established curb grade shall be permitted within a distance of twenty (20) feet in either direction from the corner. At intersections of driveways with streets, no structure or planting which might obstruct vision between a height of two (2) feet six (6) inches and a height of eight (8) feat ~ha~l be permitted within a.visibili~y triangle created by measuring ten {10) feet in from the intersection of a driveway boundary and property lines away from the driveway with the ends of the two (2) ten (10) foot lines connected in a straight line to form the visibility triangle. The above mentioned heights shall be computed based on the elevation of the driveway that is perpendicular and adjacent to that portion of the structure or planting. Sec. 21.1-235. Setbacks on Cul-de-sacs--Residential and Townhouae Residential Districts. In R and R-TM Districts, if the radius of a eel-de-mae is forty (40) feet or less the building setback around the cul-de- eac shall be at least thirty (30) feet. Where the radius of the cul-de-sac is more than forty (40) feet, the building setback need not be more than twenty-five (25) feet. 89-408 Sec. 21.1--256. Required Yards for AcCessory Buildings in "R", "R-TH", and "A~' Di~icts. "' Except aL indicated in ~his SEction, the yard rsquirements for permitted uses shall apply to the accessory buildings: (a) In R and A Districts and lct~ in R-~H Distxictz identified iD Section 21.1-100, one story detached buildings shall observe a side yard setback not l~ss than one-half {1/2) tbs required side yard for s permitted use, a front yard setback of the lesser of one-half (1/~) the depth of the lot or eighty (80) feet, and a rear yard ~etback Of nut les~ than ten (lO) ~eet; except that an accessory building located on a corner lot shall observe a corner side yard ~etback not l~ss than the required front yard setback for permitted (b) E×~ept fmr the R-T~ Districts identi~is~ in Section 21.1-100, in R-TH DfEtri~tE ebtachcd and detached carports, garages, storage buildings, or other similar accessory tures are permitted on individual lots and shall observe the front, side, and earner side yard setback for the ~rincipal building. No rear yard ~etbaek shall he required. To insure adequate usable open space au each lot, one wall of any such accessory structure ~ust abut an interio~ side property line. A p~ivaey yard, having a minimum size of tan (10) by twenty-firs (25) feet shall be maintained on each l~t where there are such structure~, An accessory structure in an ~-TM ~is~rict shall cover no mere than forty-five (45) percent of the required rear yard. (c) In R and A Di~trict~ and lo~s in K-TH Districts, identified in Section 21.1-10~, a detached accessory building havin~ more than one (1) story shall observe an interior side yard not less than the side yard required of the permit%ed use, a rear yard setback cf not less than one-half (1/2) the required rear yard for a permitted use, a ~o~ner side yard se%back cf not less than the fro~t yard requirement ~or a permitted use~ and a front yard ~etback the lesser of one-half (1/2) of the averag~ depth of the lot or eighty (BO} feet. (d) Tn R and A Di~trlots and lots in R-T~ Districts, identified in Section 21.1-100, a detached accessory building ~hall cover no more than twenty (20) percent of the required rear yard. (e} In R and A Districts and lots in R-TH Districts ~denti~ied in Section 21.1-100, carports attached to single family dwellings shall observe interior side yard setbacks not less than 0ne-half (l/l) t~he required side yard in that did- tricE, hue in no c~se less than five (~} feet. Sec. 2I.i-2~7. Heights--Aqricultursl, Residential, TQwnhouse -Residential and M~lti-fa/~ily ~%'idenfial. The meximu/~ height cf all buildings within the districts enumerated b~low shall bs as follows,'unlese otherwise provided in Section 21.1-212 er in ~ec{10n 21.1-237.1: {a} R-~$, R-40, R-25, R-15~ R-12~ R-9, R-7, M~i, MH-2, R-T~, and R-M?: (1) Ail buil~inq$ o~her than accessory multi~nily--three (3) ~torie~ 0r f~rty (40) feet, whichever is less. (2) Mu!ti-f~--except for those p~0j~cts listed in Section 21.~ SlX (6) stori~ or seventy (70) feet, 89-~09 (3) Accessory buildings--One-half (1/2) the height of the principal building or twenty-five (25) feet, whichever is greater. Further, in R-TE Districts, except those lots listed in Section 21.1-100 (a), no windows, doors, or other similar openings will be permitted above one (1) story or ten 10) feet, whichever is less. In R-TH Districts, except those specified in Section 21.1-100 accessory buildings that abut a common side property line shall maintain a solid wall (having no windows, doors or other similar openings) along said ad- joining property line. (b) A: (1) All buildings other than accessory--Three (3) stories or forty (40) feet, whichever is less. (2) Buildings accessory to the conduction of farm- ing, fifty (50) feet. (3) Accessory Buildings--Cna half (1/2) the height of the principal building er twenty-five (25) feet, whichever is greater. $.e%. ~1.1,23!~ ~eishts--A~ricultural, Residential, Townhouse Residential and Multi-F~lly Residential in Village Districts. (a} Midlothian Village Core. (1) All buildings other than accessory buildin~s-- two and 0ne-h~l~ (~ 2/21 stories or thirty (30) feet, whichever is less. {2) Accessory buildings--OhS-half the height of the principal building or twenty-five (25) feet whichever is greater. Further, in the R-TH Districts, except those lots listed in Section 21.1-100.(a), no windows, doors, or other similar openings will be permitted above one (1} story or ten {10) feet, whichever is less. Accessory buildings that abut a common side property line shall maintain a solid wall (having no windows, doors, or ether similar openings) along said adjoining property line. (b) Midlothian Village Fringe (1) All buildings other than accessory buildings-- three (3) stories or forty (40} feet, whichever is less. (2) Accessory buildings--one-half the height of the principal building or twenty-five feet (25) whichever is greater. Further, in R-TH Districts, except those lots listed in Section 21.1-100.(a), no windows, doors or other similar openings will be psrmitted above one (1) story or ten (10) feet, whichever is less. Accessory buildings that abut a co,mens side property line shall maintain a solid wall (having no windows, doors, or other similar openings) along said adjoining property line. ~[ITICK.]~ 6. DE~ELOP~NT ~EQUII~EF~T$. OFFICE, CO~ERCIALAND INDUSTRIAl. DIVIBIO~ 1. G=N=RALL¥. DEVELOPMENT REQUIREMENTS-COU~TYWIDS. Sac. 21.1-238. Utility Lines Under,round. All utility lines such as electric, telephone, CATV, or other similar lines shall be installed underground. This requirement shall apply to lines serving individual sites as well as to utility lines necessary within the project. All junction and access boxes shall be screened with appropriate landscaping. Prior to the issuance of an occupancy permit, a plan shall be submitted to, and approved by, the Planning Department showing all utility pad fixtures and meters and the 89-410 screening required herein and SUCh plan shall be implemented. The necessity for utility connections, meter boxes, etc., should be reeognize~ amd integrated with the architectural elements of the site plan. Sec. 21.1-239. Loading Areas. Sites shall be designed and buildings shall be oriented ~o that loading areas are screened, in accordance with Article 4, Division 4, from any of the project perimeters adjoining any agricultnralr residentialt townhouse residential, multi-family residential or aDy district in which loading areas are prohibited; as well as from any public right of way. Sec. 21.1-248. Exterior Liqhtinq. Ali exterior lights shall be arranged and in,tailed so that the direct or reflected illumination ~oes not exceed 0.5 foot candles above backgxound measured at the lot line of any adjoining agricultural, residential, residential townhouse, or residential multi-family district. Lighting standards shall b~ of a directional type capable of shielding the light source from direct view from any adjoining agricultural, residential, residential townhouse or re~idential multi-family d~gtrict or public riqht of way. Sec. 21.1-241. Outside Storage Area~. Outside storage, if permitted by the underlying zoning district, shall be subject to the restrictiOnS of the under- lying zoning district, provided further that all on:side storage ar~as shall be ~isually sereened~ in accordance with Article 4, Division 4, from public rights of way and adjacent property: provided, however, if adjacent property is occupied by an outside storage area, screening of the outside storage area from the adjacent storage area shall not be required. Outside storage shall include , bu~ not be limited to, the parking of all compan~ owned and operated vehicles, with the exception of pamm~ng~r vehicles. Sec. 21.1-24~. Servie~ ~tation$ and Public Gars=es. public garage having above g~Ound tanks shall have a vehicular ~ntranee or exit within 200 feet of %he premises cf any resi- dentiaI use~ sehool~ playground, church, hospital, library or institutional building. In any case, no Dart of any such service station, repair she9 or qarage shall b~ within 100 feet of any such buildings or properties. Se=. 21.1-24~. aeights. The maximum height of all buildingm within any office, cO~erclal ox industrial district shall be as follows, as outlined in Section 21.1-2I~ and as required by Section 21.1-255.5: (al In offic~ and co~uercial di~%riets~ Do structure shall exceed a helgh% of three {3~ stories or forty-five (45) feet, whichever is less, except off~ee buildings, hospitals and hotels which may be constructed to a height of twelve (12) stories or 120 feet, whichever is less. (b) In I-t Di~trlctS, nO buildings except officeS, hosDitnls and hotel~, which may b~ constructed bo a height of twelve I12) stories or 12Q feet, whichever is less, shall exceed a height of three (31 stories or fifty (c) In I-2 and I-3 Districts, no buildings shall exceed a height of 150 feet, 89-411 (d) No structures within 100 feet of any undeveloped residential district, or any agricultural district designated for residential use by the General Plan, shall ~xceed a height of three (3) stories or fifty (50) feet, whichever is less. No structure within 200 feet of any existing residential neighbor- hood shall exceed a height of two (2) stories or .thirty (30) feet, whichever is less. However, if there is an existing dwelling more than two (2) stories in height within 100 feet of the district, the height of the structure may be increased to the height of the dwelling. DIVISION 2. DEVELOPMENT REQUIREMENTS--EMERGING GROWTH AREAS Sec. 21.1-244. Purpose and Intent for Standards in Emer~in~ Growth Areas. The purpose of this Division is tO provide a high-quality, functional and well-designed office, co~nercial and industrial environment; maintain the long-term functioning and adequacy of major arterial roadways; to limit access and the number of conflict points and, thereby, reduce the need for additional crossover locations and traffic Signals; to promote improved pedestrian and vehicular circulation; to encourage land assembly and the use of land in accordance with the General plan; to promote architectural continuity; and to encourage designs which produce a compatible relationship between individual buildings, the circulation system and adjacent areas. Sec. 21.1-245. Areas of Applicability and Exemptions. (a) The standards outlined in this Division shall apply to all development in o££i¢e, commercial and industrial district~ with the exception of those areas outlined in Divisions 3 and 4 of this Article. (b) Any Conditional Use Plannsd Development (CUPD) approved by the Board of Supervisors prior to April 12, 1989, shall be exempt from the requirements of this Division, except where such requirements are also conditions of the CUPD zoning. Sec. 21.1-246. Yard Requirements for Office, Commercial and Industrial Districts. (a) Setbacks along major arterials. Ail buildings, drives and parking areas shall have a minimum seventy-five (75) foot setback from the proposed rights of way of major arterials as indicated on the General Plan, as amended, except that in an I-3 District building setbacks shall be increased to ninety (90) feet. Within these ~e%banks, landscaping shall be provided in accordance with Perimeter Landscaping B. (b) Front and corner side yards. The front and corner side yard setback for buildings, drives, and parking areas shall be a minimum of forty (40) feet from public rights of way other than major arterials with the exception that in an I-2 District, building setbacks shall be increased to sixty (60) feet, and in an 1-3 District, building setbacks shall be increased to ninety (90) feet, with the provision of landscaping in accordance with Perimeter Landscaping A. (c) Side yards. The side yard setbacks for buildings, drives, and parking areas shall be a minimum of thirty (30} feet with the provision of landscaping in accordance with Perimeter Landscaping A. One (1) foot shall be added to each ~ide yard for each one (~) foot that the building height adja- cent thereto exceeds forty-five (45) feet. (d) Rear yard. The minimum rear yard setback for buildings, drives, and parking areas shall be forty (40) feet 89-412 with the provision of landscaping in accordance with Perimeter Landscaping A. One (1) feet shall be added te each rear yard for each one (17 foot that the building height adjacent thereto exceeds £er~y-five (45) feet. (e) Yards for qasatine pumps. The setbacks for gasoline pumps and drives serving gasoline pump islands shall be the same as these for buildings and drives, as required in Section. sec. 21.1~247. Permitted Variation~ in Yard R~uir~4~ents. The required minimum yards for aDy zcnin~ lot er parcel, except those located in an I-2 or I-3 District, may be reduced as follows with the provision cf addition~l landscaping: (a) ~mthacks along major arterials. Th~.reqalred setback for buildingm~ drives and parking steam along meier arterials may be reduced to fifty (50) fee% with the provision of landsca~in~ in accordance with Perimeter Landscaping C. (b) Front and corner side yards. The required front and corner side yard setback along publi~ rights of way ether than major arterials may be reduced to tNenty-~ive (25) f~h with the provi~ion of land~caplng in accordance with Perimeter Landscaping C. (c) Side yarde. The required side yard may he reduced to ten (10) feet with the provision of landscaping .in accordance with Perimeter Landscaping B, except when adjacent to any agricultural, residential, townheume residential or multi-family r~id~n%ial district. (d) Rear yard. The required rear yard m~y be reduced to twenty (20) feet with the provision of lend,capiaS in accordance with Perimeter Landscaping B, except when adjacent to any agricultural, residential, tewnhou~e residential or ~ulti-f~u~ily residential district. Sec. 21.1-248. Architectural Treatment. No building exterior (whether front, side, Or rest) which would be visible ~o any district zoned agricultural, residential~ townhouse residential, mu!ti-family residential, office er any public right of wa~ shall consist of architectural mat~rlals ~nf~ior in quality~ appearance, or detail to any. other exterior of the same building. Nothing in thic s~etien shall preclude the use of different materials on dSfferent building exteriers~ but rather, shall preclude th~ use of inferior m~terials' on sides which face adjoining property. No portion of a building con~t~cted of unadorned concr~t~ block or corrugated sad/or sheet metal shall be visible from any ad)cluing agricultuxsl, ~esidmntial, townhous~ r~side~tlal, multi-family residential or office district or any public right of way. No building exterior shall be cf unpainted concrete block or corrugated and/or sheet metal. Mechanical equipment, whether ground-Isvel or rooftop, shall be ~hield~d and screened from public view and d~sign~d to be per~eived as an integral part of the building. Seo~ 21,1-249. Peripheral, Surface and Deck Parking. Area The following peripheral landscaping shall be required along any side of a parking area except those sides which abut rights of way. These sides which abut rights of way shall be landscaped in accordance with front eno corner side yar~ requirements. ~ land,caped strip at least ten width shall he located between the parking area and the abashing property lines, except where driveways or ether openings may be required. Continuous hedge forms and et lea~t one (1) small declduou~ tree, as outlined in Section ~9-415 21.1-224(b) (1), shall be planted in the landscaped strip for each fifty (50} lineal feet. Sec. 21.1-250. Use Limitations. Ail uses shall be ~ubject to the use limitations set forth in the underlying zoning district(s), and, in addition, except in the C-1 District, use~ that have drive-in windows and/or gasoline pumps, and all uses exclusively permitted in the General Business (C-5) District shall only be permitted when incorporated into a project of one (1) or more parcels with an aggregate size of ten (101 acres or more. DIVISION 3. DEU~LORM~NT RRQU%REMRNTS-- POST DEVELOPMENT AREAS. Sec. 21.1-251. Purpose and Intent for Standards in Post Development Areas. The purpose of the following standards is to provide flexible design criteria in areas .which have already experienced d~velopment and insure continuity of development. It ia the intent of this Division to promote renovation and improvement of commercial areas; improved compatibility with adjacent residential uses; and maintain the 10ng-term functioning and adequacy of the arterial road system by limiting access to and the number of conflict points with such system. Designs which produce a COmpatible relationship between individual buildings, the circulation system and adjacent areas See. 21.1-252. Areas of Applicability and Exemptions. The Post Development Areas shall include all lands as ~pscified herein and which are located in office, commercial and industrial districts. Post Developed Areas shall include: (a) Midlothian Turnpike extending from the Richmond corporate limits to the centerline of Alverser Drive, including all land, to a depth of 1,500 feet from the centerlin~ of Midlothian Turnpike, unless the parcel or project extends further than 1,500 feet in which case the requirements shall apply to the entire parcel or project. (b) Hull Street Road extending from the Richmond corporate limits to the centerllne of the Virginia Power transmission ~asement located approximately 400 feet west of McKesson Road, including all land, toia depth of 500 feet from the centerline of Hull Street Road, unless' the parcel or project extends further than 500 feet, in which case the reqnirement~ ~hall apply to the entire parcel or project. (c) Jefferson Davis Highway. (1) Northern area extending from the Richmond corporate limits to Proctors Creek, including all land, east of JEfferson Davis Highway and all land to a depth of 800 feet west of the centerline of Jefferson Davis Highway, unless the parcel or project extends further than 800 feet in which ca~e the requirements shall apply to the entire parcel or project. (2) Central area extending from Proctors Creek the centerline of Old Bermuda Hundred Road and including all land to a depth of 800 feet from the centerline of Jefferson Davis Highway, unless the parcel or project extends further than 800 feet in which case the requirements shall apply to the entire parcel or project. (3) Southern area extending from Timsberry Creek to the Colonial Heights corporate limits, including all land, to a depth of 800 feet from the centerline of Jefferson Davis Highway, unless the parcel or project extends 89-414 further than 8DP feet in'which case the r~quiremsnts shall (d) Bun Air Community bounded hy the Richmond corporate limits on the sast~ the southern railroad on the south, ~immy Wi~ers Creek on the west and Euguenat Road on the north. {e) Chester Community extending from the oenterline of Street, including all land, to a depth of 1588 feet from the oenterline of West Hundred Road unle~ %he parcel or project extends further than 15oo feet in which case the requirements shall apply to the entir~ pafce~ or project. Cf) ~tkriok Co~uqi~_~ bounded by Dupuy Road on the north, the Colonial Heights corporate limit9 on the ~ast, Petersburg corporate limits on the south and ~ho Seaboard Coastline Railroad on the {g) Matoaca Community extending from the centerline of ~olloway Avenue to the centerllne of ~atoaca Road, incladln~ all land to a depth of 6~ feet from the centerline of River Road, unles~ the parcel or proje¢~ extends further than 600 feet in which case th~ requirements shall apply t~ the entlr~ parcel or project. Ch) Reserve. (i) Exemptions. Any Conditional Use Planned Developmenf (CUPD} approved by the Board of Supervisors prior to April 1989, shall be sxemp= from the requirements cf thi~ Division, zoning. Sec. 21.1-~3. Yard Requirements.for Office, Cc~m~ercial and Industrial Districts. The following yard requirements shall apply to any zoning tot or parcel: (a) Setbacks alon~ __pDjcr arterials. Ail buildings, drives and parking area~ shall h~ve a minimum fifty (50) setback frf~m the proposed rights of way o~ major arterials as indicated on the G~neral Plan, as amended, ex¢¢p= that the building setback in an I-2 District shall be increased to sixty (60) feet and in an I-3 District, to ninety (90) fee:. Within these setbacks, landscaping ~halt be provided in accordance with P~rimeter Landscaping ~. side yard setback for buildings shall be e minimum of thirty (30) feet fNom public rights of way c%her than major arterials except that in Rn I-2 District, building setback~ shall he in=teased to sixty (60) feet and in an t~3 District to ninety IPo) feet. The setback for drives and parking mrea~ ~hall be minimum of fifteen C15) foe= from existing or proposed rights of way. Within the~e setbacks, landscaping shall be provided (c) $id~ ~ards. The side yard setba~k~ for buildings shall be a minimum of twenty (20) feet, except in the T-2 and %-~ Pis~ricts side yards shall h~ increased to thirty (301 fe~t. One (1) foot shall bs added to mach midm y~rd for each one (1~ foot that the building height adjacent thereto ekcueds forty-five (45) feet. Cd) Rear yards. The minimu~ ~ar yard setback buildings shall be thirty (30) feet. One (1) foot mhall be addmd to each rear yard for ~ach one (1) foot that the height adjacent thereto esceed~ forty-five (45) 89-415 (e) ~.ards for gasoline pumps. The setbacks for gasoline pumps shall be the same as those for buildings and the setback for drives serving gasoline pumps shall be the same as those for drives and parking areas, as required in this Section. Sec. 21.1-254. Permitted Variations in Yard Requirements. The required minimum yards for any zoning lot or parcel, e×eept those located in an I-2 or I-3 District, may be reduced with the provision of additional landscaping and/or if adjacent property is zoned for a similar use, as follows: (a) Setbacks along ma)or arterials. The required setback for buildings, drives and parking areas along major arterials may be reduced to twenty-five (25! feet with the provision of landscaping in accordance with Perimeter Landscaping C. (b) Front and corner side ~ards. The required front and corner side yard setback for buildings along public rights of way other than major arterials may be reduced to twenty-five (25) feet with the provision of landscaping in accordance with Perimeter Landscapin9 B. (c) side yards. The required side yard setback for buildings may be reduced to zero (0) in all districts except in O, I-2 and I~3 Districts, and except when adjacent to any agricultural, residential, townhouse residential or multi-family residential district. (d) Rear yard. No reduction shall be permitted. Sec. 21.1-255. Architectural Treatment. No building exterior (whether front, side, or r~ar) which would be visible to any public right of way shall be constructed of unadorned concrete block or corrugated and/or sheet metal. Mechanical equipment, whether ground-level or rooftop, shall be shielded and screened from public rights of way. DIVISION 4. EEV~LOPMEN~ REQUIREMENTS-- VILLAGE DISTRICT Sec. 21.1-255.1. Purpose and Intent of District. The purpose and intent of thi~ division are to recognize unique villages within the County, which are part of the county's cultural, architectural and historic heritage; and to maintain and reinforce the character, identity, and pedestrian scale of such villages by continuing and enhancing existing. patterns of development through the implementation of adopted plans and guideline~ and the establishment of a special district mandating particular land use regulation and development standards and requirements within such villages. Such villages may include, but are not limited to: Ben Air, Chester, Ettrick, Matoaca, Midlothian, and other ecmmunitie~ having a unique cultural, architectural, or historic identity. Sec. 21,1-255.2. Areas of ~ppl%cability and Exemptions. The village District shall include all lands as specified herein: (a) The Midlothian Village Core, comprised of all that area bounded by the Southern Railroad right-of-way; by the western property llne of Tax Map 15-12 (1) Parcel 50; by Westfield Road; by Sycamore Sguare Drive; by Midlothian Turnpike; by the western and southern property lines of Tax Map 15-12 (1) Parcel 41; by the southern property line of Tax Map 15-12 (1) Parcel I00; by the southern property llne of Tax Map 15-12 (1) Parcel 39; by the western and southern property lines 89-416 O~ TaX Map 15-12 {1) Parcel 38; by the western property line of the nortkern property line of Tax Map 15-16 (1) Parcel 15; by a Map 15-16 {1) Parcel 15; by a line extending to the aorth and line of Tax Map 16-13 (1) Parcel 2; by the southern property line u£ Tax Map 16-13 (1) Parcel 2; the eastern property line cf Tan Map 16-9 (1) Parcel 31 extending to the SOUth; by Midlothiau Turnpike; by Mt. Pisgah Drive; by the eastern property line of Tax Map 15-8 (1) ~arc,1 56 (all said Tax Map 1989); and being the same area ~hown On th~ map entitled ~i~!othian village Area, prepared by the Chesterfield CoRnty Planning Department and dated February 7, 1989, incorporated herein ~y reference. (b) Midlothian Village Fringe, comprised of all that area bounded by the Southern Railroad right-of-way; by Win%erfield 15-7 (1) Parcel 44; by the northern and western property lines of Tax Map 15-11 II) Parcel 1; by Midlothian Turnpike; by the western property line of Tax Map 15-11 (1) Parcel ~; by southern property line of Tax Map I5-11 {1) Parcel 3 to ~hs east; by LeSordon Drive; by the southern property line of Tax Map 15-11 {I] Parcel 4; by a line extending from the southeastern~ost corner of ~a~ Map 15-11 (1) Parcel 4 to the southwesternmost corner cf Tax ~aD 15-11 (5) MidlOthian Villaqe Parent 1; by the southern property lines uf Tax ~ap 15-11 (5) Midlothian Village, Parcels 1, 9, 6, and 7; by the southern property lines cf Tax Map 15-1! (6) ~idlothian village Parcels 3 and 5, and of Tax ~ap 15-12 (1) Parcels 41 and 160; by the southern prQperty line of Tax Map 15~12 (1} Parcel 39; by the western and southern property lines of Tax Map 15-1~ (1) 38; by the western proper~y line of Tax ~ap 25-4 (1) Parcel 4 extending to the north and south; by the northern property line of Ta~ Map 15-16 (1) Parcel 1~; by a llne extending due east ~rom the northeasternmost corner of Tax ~ap 15-16 (1) Parcel I$; by the eastern property llne Tax Map 16-13 {1) Parcel 2 extending to the south; by the southern property lines of Tax ~ap 16-1~ (I) Parcels 6 and 9; by the ~a~tern property lines of Tek Map 16-13 ~1) Parcels 9, 8, 7, 4, and 11, and of Tar Map 16-9 (t) Parcel 61; by Midlethian Turnpike; by the eastern property lines of Tax Map 16-9 (1) Parcels 19 and 34; by the northeastern property lines of Tax ~ep 16-9 (1) Parcels 19 and 34 extending to th~ northwest; 5y Old Buckingham ~ead; by eastern proper~y l~ne of Tax Map 16-9 (1) Parcel 51; by the eastern and northern property lines of Tax Map 16-9 (~) Parcel 59; by the northern and western property lines of Tax Map 16-9 (1} Parcel 58~ by the northern property line uf Tax asp 16-9 (I) Parcel 57; by Mount Pi~qah Drive; and by the eastern property line cf Tax Map %~-~ (1} Parcel 56; save and except the area of the Midlothian Villaqe Core described.in paragraph (a) above (all s~id Tax Map Parcels beinq as 9hewn on the Tax Assessor's Map January 9, 1989}; and being th~ same area shown un the map entitled ~idlothian village Area, prepared by the Chesterfield County Planninq Department ~nd dated February 7, Sec. 21.1-~5.3. Implementation of ~Ians end Guidelines. In acting upon any rezening; conditional use permit; conditional use planned d~velopment; schematic plan; si=e plan; variance; ~pecial exception; historic district, landmark or landmark ai~e d~signation; or other decision under this chapter; which decision will impact a designated Villaq~ District, tau responsible body, officer Or agent shall review such decisions for conformity with all and any officially adopted plans end guideline~ for 4evelopment within districts. Sec. 21.1-2~5.4. Exceptional Development standards. 89-417 (a) Parking. Improved, designated parking spaces in a public right-of-way may be counted toward the number of parking spaces required by Section 21.1-217., when more than one-half (1/2) of each such space adjoins the site; such off-site parking spaoee shall not be ~ubjeet to Section 21.1-220. of this chapter. Ail other requirements of Section 21.1-217. shall apply,as described. (b) ~ At least one (1) large deciduous tree, ae defined in Section 21.1-224. (b) (2), shall be included in each landscaped area, in lieu of the one (1) small tree required by Section 21.1-225. (b}. All other requirements of Section 21.1-225. shall apply as described. See, 21.1-255.5. Exceptional Development Requirements. Heights. The maximum height of all buildings shall be as follows, unless otherwise provided in Section 21.1-212. (a) Midlothian village Core. NO structure in the Mfdlothien Village ~Core ~hall exceed a height of two and one half (2 1/2) stories or thirty less. (b) Midlothian Village Fringe. No structure in the Midlothian Village Fringe shall exceed a height of three (3) stories or forty-five (45) feet, whichever is less. Sec. 21.1-255.6. Setback Requirements. Except where an underlying industrial district or a conditional use permit r~quires a greater minimum setback (in which case there shall be no maximum setback, unless otherwise specified by such underlying industrial district or conditional use permit), the following setbacks shall be observed. (a) Midlothian Village Core. The maximum and minimum setbacks for all buildings, drives, and surface and deck parking areas in the Midlothian Village Core, as defined by Section 21.1-255.2. (a), shall be as follows: (1) Setbacks along ma~or arterials. a. The minimum setback along major arterials, for buildings, ehalt be fffteen (15) feet. The maximum setback along major arterials for at least one building on a lot shall be fifty (50) feet; however, this maximum setback shall be reduced in accordance with the following formula, if there is an existing building on one or more sides of th~ subject lot, but in no case shall the maximum setback be less than fifteen (15) feet. Formula for mandatory reduced maximum setback: The average of the setbacks of the closest principal buildings occupying the lots adjoining the sides of the subject lot, if buildings occupy both these adjoining and are within 200 feet of the subject lot; or The average of the setback of the closest principal building occupying a lot adjoining one side of the subject lot and fifty (5O) feet, if a building occupies only one of the lots adjoin- ing the sides of the subject lot and is within 200 feet of the subject let (whether the opposite side of the subject lot is an unoccupied lot or a public right-of-way). Landscaping shall be provided within the setback in accordance with Perimeter Landscaplhg 89-418 b. The minimum setbac~ along major arterialm, for drives and parking areas, shall be twenty (20) feet behind the front line of the building with the least setback on the lot. If there is no bnitding on the 10t, the minimum metback for drives and parking areas shall be twenty (20) fe~t behind the maximum se%back for one building on the s~bject lot de,ermined in paragraph a. above. ~owever, in no case need drives be get back more than fifty (50) feet. Landscaping ~hall be provided within the setback in accordance with Perimeter Landscaping Furthsr, this minimum setback may be reduced to the front line of the building with the least setback on the lot with provision of landscaping in accordance with Perimeter Landscaping F. {2) Front and corner side setbacks. s. The front and corner side setbacks along rights-of-way other than major ar~eriai~, for build- ingm, ~hall b~ at minimum fifteen (15) feet; however, ~hs minimum setback shall be increased, if there is an ~×isting building on uno or more sides of the subject lot, in acmordance ~ith the following formula, but in no case' shall the minimum setback be mandatory increase of minimum s~tback: The average of the setbacks of the closest princlpal buildingm'occ~pying the latz adjoining the sides of the subject lot, if building~ occupy both the~e lots and are within 200 f~et; Or The average of ~he setback of the clomeat principal building occnpying a lot adjoining one sid~ of the subject lot an4 fifteen (15) feet, if a building OCcupies only one of the adjoining the sides of the subject lot smd is within 20~ feeb (whether th~ opposite ~ide of th9 ~ubjec~ lot is an ~noeoupied lot or a public right-cf-way}. The maximum front and corner side setbacks along rights-el-way ocher than major arterials for at lmamt one building on a lot shall be twenty-five (25) Landscaping shall be provi~e~ within the setback in accordance with Perimeter Landscaping D+ b. The minimum front and ~orner sld~ setbacks along rights-of-way other than major ar~erials, for drive~ end parking areas, shall b~ twenty-five £ee~. Landscaping shall bm provided ~ithin fha setback~ in accordance with ~erimeter Landscaping D. Far,her, this minimum metbamk may be reduced tu thc front line of the building with the leas= setback On the lot with provision ~f iand~caping in accordance with Perimeter Landscaping F. {3} Sid~ setbacks. The m~nlmum si~e setback buildings, drives,' and parking areas shall be twent~five ~25) f~t with the provision C£ landscaping in accordance with ~arimeter Landscaping ~; thi~ setback may be reduced to ten (10) fe~t with provision c~ landmcaDinq in accordance w~th Perimeter Landscaping B. Alternatively, the side setback, for buildings i~ office and co--artist districts only, me~ be zero ~0} feet, when adjacent to an office or commercial district. (4) Rear setbacks. The minimu~ rear setbacks for buildings, drives, and parking areas shall be twenty-five {2~) fee% with the Dro¥islon of landscaping in accord&ne~ 89-419 with Perimeter Landscaping A; this setback may be reduced to ten (10) feet with provision of landscaping in accordance with Perimeter Landscaping B. Alternativsly, the rear setback, for buildings in office and commercial districts only, may be zero (0) feet, when adjacent to an office or co~m~ercial district. (5) Setbacks for gasoline pumps. ~he setbacks for gasoline pumps and drives serving gasoline pump islands shall be the same as those for drives and parking areas as required in paragraphs (1) through (4) above. (b) Mi~lg~an yi~e Fringe. The maximum and minimum setbacks for all buildings, drives, and surface and deck parking areas in the Midloth~an Village Fringe, as defined by Section 21.1-255.2.{b), shall be as follows: (1) Setback~long major arterials. a. The minimum setback along major arterials, for buildings, shell be fifty ('50) feet; however, this minimum shall be increased as authorized by the Director of Planning when the average setback of the existing buildings on one or more sides and within 200 fee~ of the subject lot is more than fifty (50) feet. Landscaping mhall be provided within the setback in accordance with Perimeter Landscaping E. b. 'The minimum setback along major arterials, for drives and parking areas, shall be no less than the front line of the building with the least setback on the lot. Landscaping shall be provided within the setback in accordance with Perimeter Landscaping E. (2) Front and corner side so,backs. a. 9he minimum front and corner side setbacks along rights-of-way other than major arterials, for buildings, shall be twenty-five (25) feet. Landscaping shall be provided in accordance with Perimeter Landscaping D. b. The minimum front and corner side setbacks along nights-of-way other than major arterials, for · drivee and parkin~ areas, shall be no less than the front line of the building with the least setback on the lot, Landscaping shall be p~ovided within the setback in accordance with Perimeter Landscaping D. (3) Side setbacks. The minimum side setback for buildings, driVeS, and parking areas shall be thirty (30) feet with the provision of Perimeter Landscaping A. However, the minimum side setback may be reduced to ten (10) feet with provision Of landscaping in accordance with Perimeter Landscaping B, except when adjacent to any R, R-TH, R-MF, and A District. (4) Rear ~sthacks. The minimum rear setback for buildings, drives, and parking areas shall be forty (40) fe~t witch the p~ovision of Perimeter Landscaping A. However, the minimum rear ~etback may ba reduced to twenty (28) feet with provision of landscaping in accordance with Perimeter Landscaping B, except when adjacent to any R, R-T~, R-MP, and A District. (5) Setbacks for gasoline pumps. The setbacks for gasoline pumps and drives serving ~asoline pump islands shall be the same as those for drives and parking areas as required in paragraphs (1) through (4) above. Sec. 21.1-255.7. Architectural Treatment. 89-420 No building ex=crier (whether front, side, or near) ~halt consist of architectural materials inferior in quality, appearance, or detail to any other exterior of the sam~ building. Nothing in thi~ ~eti0n shall preclude the use cf different materials on different exteriors (which ~ould acceptable if r~pre~entat~Ve of good arshitac%urai ~eslgu) hut rather, shell preclude the n~e of infer/or materials On sides which face adjoining property and thus, might adversely impact existing or future devel0p~ent Causing & substantial depreci- ation oi property values. No portion of a building constructed of unadorned cinder block or corrugated and/or sheet metal shall be visible from any adjoining A, E, ~TH, R-MF, or 0 District or any public right-of-way. Mechanical equipment! whether ground-level or rooftop, shall be shielded and screened from public view end designed to be perceived as an integral part Of tb~ building. Eur~her, buildings shall be designed to impart harmonious proportions and to avoid monotonous facades or large bulky masses. Buildings shall possess architectural ~ariety, but enhance an overall cohesive village character as r~fleoted in existing strnctures. This character shall be achieved through the uss of design elements --. inOlD~iDg, but not limited to, balconies and/or terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, varied root Iin~, or other appurtenances such as lighting fix~ure~ ~Dd/or planting ~ as are describe~ in the applicable adopted plan~ and guidelines. Sec. 21.1-25~.S. Peri~heral Surface and Deck Parking Area Landscaping. Th~ follewiDg peripheral landscaping shall ~e required along any ~ide of a parking area except the~e sides which abut rights-of-way. (Those sides whluh abut rights-of-way shall be landscaped in accordance with Section 21.1-25S.6.) A landscaped strip at least nin~ (9) feet in width shall be located between the parking area and the abutting property lines, except wh~re driveways or other eps~i~gs may be required. Continuoue hedge fo~ms and at least one (~) large deciduou~ %r~e, as def~es~ in ~ection 2t.1-224(b) (2)~ shall be planted in the !end,caped strip for each fifty (50) lineal Sec. 21.1-2~5.9. Use Limitations. Ail uses shall be subject to the use linitetions set forth in the undurlying zoning di~trict(s~, and, in addltlon, .except in the C-1 District, uses that have drive-in window~ sad/Or gasoline pumps, and all uses exclusively permitted in the C-5 Dis~rict shall only be permitted when incorporated into project of one (1) or more lots with an aggregate size of ten Il0) acres er more. ARTIC~ 7. AC~SS ~ I~ CI~TI~ - o~zc~, co~ac~ ~ The purpose and intent of this Ar~ic!e is to non-residential or mixed-use developments in order to maintain or improve %he le~e~ of service of roads~ ~o minimize n~ber o~ access point~ to ~0ad~; to promote the sharing of aeeeS~ an~ the ability to travel between site~ to insure %hat development i~ of a Scale proportionate to the capacity appropriate traffic mitigation measures are provided; to pro- vide pedestrian circulation no,work8 among residential~ cial~ and recr=ational areas; and to e~anee $~futy and convenience for the public. TO these ends, implementation of an approved transportation systems management plan is Sec. 21.1-257. Access =o Arterials and Collector Roads. 89-421 (a) Direct access to arterials and collector roads shall be approved by the Director cf Transportation or his agent. (b) Unless an access plan is submitted to and approved by the Transportation Department for more than one access to an arterial road: (1) No parcel or lot in existence prior to August 12, 1987 having frontage along an arterial shall be permitted mo~e than one (1) direct access to that major arterial; and (2) No assembly of two (2) or more parcels, which parcels were in existence prior %0 the dates listed in subsection (1) above, and which are subsequently placed under one ownership, control end/or maintenance shall be permitted more than one (1) direct access to an arterial. (c) Direct access shell be provided by, but not be limited to, One (1) or mere of the following means: (1) Access to the parcel may be provided by an existing er planned public right of way, a special access street, and/or a private drive; and/or (2) Access to the site may be provided via the internal circulation of a shopping center, an office complex, or similar group of buildings having access in accordance with an approved access plan; and/or (3) Access may be provided via individual or shared Sec. 21.1-258. Crossovers. (a) Crossover as used in this Article shall mean any break in the median of a divided road. (b) Developers of all parcels or lots located at existing or proposed crossovers shall submit to the Transportation Department for approval, prior to schematic or site plan epproval, a plan which addresses access for the surrounding area. The Transportation Department may require the owner(s) af such parcels or lots to provide shared access to adjacent properties by easements and/or public rights of way. Sec. 21.1-259. Internal Circulation. All sites shall have direct and convenient vehicular circulation between adjacent properties, unless otherwise permitted by the Transportat~pn Department. Sec. 21.1-260. Access Plan. Any access plan submitted to the Transportation Department, in accordance with this Article shall be drawn to scale; shall include dimensions and distances; shall clearly delineate the traffic and pedestrian circulation system; shall include the location and width of all streets, crossovers, driveways, access aisles, entrances to parking areas, walkways and bicycle paths; and any other information deemed necessary by the Transportation Department. Sec. 21.1-261. Traffic Impact Analysis. Unless the Director of Transportation can determine required mitigatinq road improvements, a · Traffic Impact Analysis shall be submitted to, and approved by, the Transportation Department under the following circumstances: 89-422 (a) ~or any proposed development which is expected to ~ene~ate 10,O0O Average Daily Trips {APT) or mor~ based on trip generation re%es as defined by the Institute Transportation Engineers' publication, "Trip Generation". (b) At the ~eqllest of the Transpor%atlon Depar~meAb, when tbs propese~ deuelo~nent is expected to significantly impact the transportation network. Sss. 51.1-262. Required Improvements--Generally. (a) The Transportation Department shall de%ermine the improvement~ necessary to accommodate proposed development in accordance wi~h, but not limited ~o, the following: (1) Conformance with ths General ~lan or other planned transportation facilities; (2) Maintenance of a minimum D level of servioe based upon a twenty (20) year traffic demand Droj'ection, ae provided by the Director of Transportation, or in areas so designated by the Transportation Department, no level Of ~ervice below that which currently ~xi~t~; an~ (3) Safe and efficient access. (b) The developer shall be re~ponslble for p=evisien cf improvements, the need for which ie generated by the development, as determined by the Transportation Department. for determining the functional classification of roadways. (d) The ~ransportaticn Department may eetabllsh maximum densities to achieve acceptable levels of Ser~ics, as outlined in this Article. Sec. 21.I-263. Pedestrian Access. Pedestrian walkways shall be i,nc~r~orated in%o each project in such a fashion as to mlnlmrza con~licts with vehicular traffic. Pedestrian circulation systems shall be ~xtend~ t¢ adjacent projects and shall connect USes within individual projects. Pedestrian watkways shall be shown on ~i%e plans, ~ee. 21.1-264. Appeals of Decision of Director of Transportation. Any person agqrieved by a decision of the Director of Transportation may appeal such decision in accordance with the procedures provi~e~ in Section ARTICLE 8. DIVISION 1. COQNT~ID=--GENERALLY. Sec. 21.1-265. Purpose and Intent. The purpose and intent of this ~sticn is to ~egulate the use Qf publicly visible displays or qraphic~ to protect and %nhanc~ the character of major arterial roadways and surrounding areas; to prevent dimini~hlng property values within these areas due to ~Keessive si~nage; to safeguard the public use and nature of majos arterial roadways; and to minimize visual dish,actions to motorists along public Z0ads. ~ec. 21.1-266. Generally- (a) Design Concept 89-423 (1) A unified system of signage and graphics shall be designed for each individual development. The letter style, graphic display, and color of all signage and graphics within an individual development shall be consistent. Signage concepts should be considered during the design of buildings, so that signage and graphics are architecturally incorporated inte these buildings and the sits they inhabit. Size, height, location, material, and color should be compatible with buildings and site design. (2) Freestanding signs shall be encased within a structure that is architecturally related to and compatible with the main building(s) and overall architec- tural design of the development. (3) Landscaping shall be integrated with each indi- vidual freestanding sign. Clustering of plants shall be required to provide a mix of vegetation. The landscaping required by this Section shall be depicted on site plans. (4) Illumination. a. External lighting shall be limited to light fixtures using white, not colored, lighting and shall not be blinking, fluctuating, or moving. External lighting shall only be permitted if the sign face is constructed of natural materials such as wood or stone or man-made materials such as plastic or metal having the appearance of natural materials. External lighting shall be provided by concealed and/or screened spots or floods and shall be arranged and installed so that direct or reflected illumination does not exceed 0.5 foot- candles above background measured at the lot line of any adjoining residential, townhouse residential, multi-f~mily residential, or agricultural district or public right of way. b. Internal lighting shall be limited to internal light contained within =ranslucent letters and/or logos 'and internally illllminated sign bo×~, provided the background or field on which the copy and/or logos are placed, is opaque. The area illuminated is restricted to the sign face only. The direct or reflected illumination shall not exceed 0.5 footcandles above background measured at the lot line of any adjoining residential, townhouse residential, multi-family residential or agricultural' parcel or public right of way. Changeable copy beards shall only be permitted when incorporated into the principal sign. Changeable copy boards may have a t~anslucent mign field. (5) Prior to the erection of any sign, a comprehensive sign package shall be submitted to the Planning Department for approval, unless otherwise provided by this Article. The sign package shall provide detailed renderings to inclnde color~, ~izes, lighting, location, etc. for all signs within any development. (b) Applicable State and Federal sign control~ shall be complied with. (c) A County sign permit shall be required for all signs over six (6) square fee~ in area. (d) Applications for permits shall be submitted on forms obtained at the office of the Building Official. Each application shall be accompanied by scaled drawings based on a survey plat, showing the location of the sign and property identification. Such application shall include plans showing the size, dimension and height of the sign. In the case of 89-424 required. Each sign and outdoor advertising structure shall have the permit number and date of issuance permanently affixed to the sign by the manufacturer in a location clearly legible Planning, upon erection cf any freestanding sign, to include outdoor advertising structures, a survey plat certifying the location of the sign shall be submitted to the Planning Depart- {e) Signs an~ outdoor advertising s~ructures shall not opening intended to provide light, air or ingress and egress for any building or structure. bocce%es structurally unsafe or endangers the safety of a building or premise~ of endSngcr~ the public safety, it shall wide Buildinq Code. (g) Wi{h the exception of outdoor advertising sign~, all signs, including directional sign~, shall hs set back at least fifteen {151 feet from all property line~, unl~$~ a greater setback is specified, or unless ethsrwlee specified by section 21.1-270.I.{a). Howeverr along public rights Qf way, this setback may be reduced to a minimum of twenty (20) feet from the edge of pavement or face of curb, but in DQ case shall the sign he set back less than one (1) fmot from the property line adjacent road is widened. Along roads which have proposed within the proposed right of way provided the owner shall herein once the right of way is acquired. (h} Sign lighting shall be positioned and shielded so as not to impair the vimion of any motor vehicle operator or cause any direct glare into or upon any p~eperty other than the (i) ~ortable signs shall be prohibited on a temporary or permanent basis. (j) Outdoor advertising signs shall be prohibited within the following areas: (1] All parcels of land located within 1,500 feet of batws=n the Richmond corporate limits and the intersection of Route 10 and State Route 1506 (Buckingham Street) and (2) Ail parcels of land located within 1,500 feet of between State Route 650 (Turner Road) an~ $C~te ~eute 667 (Otterdale Road). (3) All parcels cf land located within 1,500 feet of the centerline of S~ate ROUte ~O (Midlothian Turnpike) between the intersection Of Route 60 and Falling Creek and the Chester~ie!d County/Powhatan County line. (4) All parcels of land located at the interchange and, specifically, within 1,500 feet of ~1= centarline cf any ramp comprisinq this interchange, wh~ther ce~str=c~ed er planned. 89-425 15) All parcels of land located at the interchange of ~tate Route 604 (Courthouse Road) and State Route 288 and, specifically, within 1,500 feet of the centerline of any ramp comprising this interchange, whether constructed or planned. (8) All parcels of land located at the interchange of State Route 10 (Iron Bridge Road) and Chippenham Parkway (State Route I50) and, specifically, wit~hin 1,500 feet of the oenterline of any ramp comprising this interchange, whether constructed or planned. (7) All parcels of land located at the interchange ci State Route 10 (~ast Hundred Road) and Interstate 295 end, specifically, within 1,500 feet of the centerline of any r~ump compr.ising this interchange, whether constructed or planned. (k) Outdoor advertising signs shall be permitted in C-5, I-2 and I-3 Districts,' and on any property zoned B-3 on April 12, 1989, except in those areas specified above where outdoor advertising signs are prohibited. (1) In C-3, C-4, and I-1 Dietricts, outdoor advertising signs shall be permitted subject to obtaining a Conditional Use, except in those areas specified in subsection (j) where outdoor advertising signs are prohibited. (m) Tn "A" Districts, outdoor advertising signs may be allowed subject to obtaining a conditional ese except in those areas specified in subsection (j) plus the following areas where outdoor advertising,signs shall be prohibited: (1) All parcels of land located within 300 feet of the closest boundaries of the right of way of U. S. Route 60 (Midlothian Turnpike) between State Route 868 (Grove Road) and the intersection of U.S. Route 60 and Falling Creek unless the parcel on which the sign is located extends further than 300 feet, in which case the prohibition shall include such additional property £cr a maximum of 1500 feet. (2) All parcels of land located within 300 feet of the closest boundaries of the right of way of State Route 637 (~opkins Road) between the Richmond corporate limits and the intersection of State Route 637 (Hopkins Road) and State Route 145 (Centralia Road), unless the parcel on which the sign is located extends further than 300 feet, in which case the prohibition shall include such additional property for a maximum depth of 1,500 feet. (n) Any outdoor advertising sign~ shall not exceed an area of 385 square feet; except those which are adjacent to and face interstate highways which shall not exceed an area of 700 square feet; a height of twenty-five.(25) feet and one (1) sign high; and shall conform to the building setbacks of the District. Further, signs shall be at least 700 feet apart and at least 300 feet from County parks, entrances into residential developments and multi-iamily residential and townhouse residential zoned properties. NO outdoor advertising ~igns shell be loeated within the limits of a 100-year floodplain. (o) An abandoned sign and all structural elements above the footing shall be removed by the owner of the sign or the owner or lessee of the property. Any sign located on property which becomes vacant and is unoccupied for a period of two (2) years or more shall be deemed abandoned. Sec. 21.i-267. Signs -- Countywide for R, R-TH, R-MF, and A Districts. 89-426 Unless otherwise required by Section 21.1-267.1, the following ~ign$ shall bo permitted in all ~, R-TH, R-MF, and A Districts and all other signs shall be prohibited: (a) One (1) sign not exceeding one (1) square foot in area, identifying a dwelling, its occupant, its location, or u customary incidantaI home occupation, {b) One {1) sign not exceeding thirty-two (32) scalars feet in area identifying any club, church, school, or other public or s~mi-public institution unless such use ia located along a major arteriel in which case the size of the sign may be increased to fifty (50) square feet. However, the area may be increased by thirty-two 132) ~quare feet if an interchangeable copy sign is incorporated. (c) One (1) temporary real estate sign, not exceeding four (4) square feet in area, advertising th~ $~le or rent of the pr~mises. Such ~ign shall be located on the premises at least twenty (20) feet from the n~arest corner of a etreef intersection, shall net b~ illuminated, shall be maintained ia good condition, and shall be removed within ten (16) days after the ~ransfer of title or rental of such property. Hewever~ if the property fronts along a major arterial and is d~$ignate~ on the General Plan for non-residential use, the temporary ~ign shall meet the requirements for such signs i~ the office, ~usiness and/or industrial ~istricts, (d) Temporary cfr-site real estate siqns~ net oxceedin~ two (2) ~quara feet in area, directing the way ~o premises which are for sake or rent. Such signs shall be limited to one (1) per parcel (lot) of land, with no more than throe {~) signs along any one (I) street, such signs shall be placed on a structure designe~ ~er the sole purpose of supporting the sign and such signs shall be printed or paint~, maintained in good condition, and shall De removed within ten {!0) days after the transfer of title or rental of such pro~esty. (o) $~gne ~isplayed for the purpose of farm identification shall be located on the farm premises, shall be set back at least fifty (50) feet from the nearest corner of a street intersection, ~hall be painted or printed, maintained in good condition, and shall not be illuminated. The total aggre- gate area of all signs shall not exceed twelve (12] square fast. (f) One (1) temporary sign advertising the sake of farm sign shall not e~ceed twelve (12] squar~ feet in area, and shall not be less than fifteen {1~) fee~ from any 9freer or lot line. Such ~iqn shall net be illuminated, shall be pain%sd or printed,' maintained in good cenOition, and shall be r~oved ~ithin ten {10} day~ after the end of ~ach season. {q) Directional signs not over seven (7) square feet in area, indicating the location of churches, schools, hospitals, parks, scenic or historic places, or other places of general public interest. Any such signs and mounting shall not exceed seven (7] feet in total height and not more =hen one (1) sign pertainiuq to a single p!aoa~ ~hall be displayed along any one (I} street. (h) One (I} t~mporary on-site real estate sign, not exceeding thirty-two I32) eq~are feat in area, advertising a residential d~velopmen% project ~rovided such sign shall be removed when eiqhty' (88) percent of the dwelling units in the proj~ce a~ occupied. (i) One {1) temporary sign not exceeding thirty-two {32) square fast in aras may be installed and maintained on the premis~ for the purpose of advertising the use to be made of the b~ild±ng or structuT~ and the businesses and firms ~9-427 developing the building or structure. Such sign may be installed only when actual construction is started and shall be removed upon occupancy of the building~or ~truoture. (j) A permanent ~ign, not exceeding twenty (20) ~quare feet in area or ten (10) feet in overall height, identifying the name and nature of a residential development. One (1) such sign shall be permitted on the premises for each separate street entrance to the development. However, one (1) such sign shall be permitted on each side of an entrance if both ~iqn~ are attached to an ornamental wall or feature. (k) Pylon Signs shall be prohibited. (1) Interchangeable copy signs and rate and price ~igns shall be allowed only if integrated into a permitted freestanding or building-mounted identification sign. (m) Unless otherwise specified, ne sign in this Section shall exceed a height of ten (101 feet, sec. 21.1-267.1. Signs--Village Districts for R~ R-TH, R-MF, A, MM-l, and MH-2 Districts. Signs shall be permitted within the Village District in all R, R-TH, R-MF, and A Districts in accordance with Section 21.1-267., however the following additional requirements shall apply: (a) In no case shall the height of any sign, which is not attached to a building, exceed the lesser of either five (5) feet or the maximum height prescribed in Section 21.1-267. (b) In no case shall the area of any sign, which is not attached to a building, exceed the lesser of either twenty-four (24) square feet or the maximum area prescribed in Section 21,1-267. Sec. 21,1-268. Signs--Countywide for 0ffice.~. Commercial and Industrial Districts. Unless otherwise permitted or restricted by Sections 21.1-269., 21.1-270., and 21.1-270.1, the following signs shall be permitted in all O, C and t Districts: (a) Except as follows, any sign permitted and as regulated in the R, R-T~, R-MF, and A Districts. (b) One (1) temporary real estate sign, not exceeding thirty-two (32) square feet in area, advertising the sale or rent of the premises. Such sign shall be located on the premises at least twenty (20) feet from the nearest corner of a street intersection and shall be removed within ten (10) days after the transfsr of title or rental of such property. (c) No sign shall be higher than the roof line or parapet wall of any building for which the sign is proposed. A sign may be attached to the facia of a ~hsd roof of a structure, but may not be located so as to extend above the upper edge of the facia'of said shed roof. Also, a sign may be attached to the facia of, or located on, the sloping roof of a structure, but may not be located so as to extend more ~han four (4) feet above the lower edge of said sloping roof. (d) Directional signs indicating location of truck entrances, employee parking, shipping and receiving, and similar activities; provided that all such .signs are located on the property of the business and no such sign exceeds five (5) fee~ in height and eight (8) square feet in area. Directional signs may include business names or loges; however, no more than two (2) such directional signs displaying a business name or logo shall be legible from a public right of way. 89-428 (e) A shopping center, office ~ark, industrial commercial park or s~mi~a~ group Qf buildings may Rave one ~reestanding on-site directory si~n near each major entrance. ~ueh sights) shall be limited to identifying and providing directional information to the individual businesses located within the shopping center, office park, industrial parkw co~ercial park or similar g~oup of buildings. This sign shall not exceed twenty (20) square feet in area and eight {8) feet in heiqht or be located within a complex ~o aS to be a traffic and/or safe%y hazard. (f) one (1) detached order board for businesses with drive-through facilities; provided that no such sign shall exceed a height e~ six (6) feet nor an area of thirty (30) square fees. These ~igns shall net be inuluded in the number o~ freestanding ~igns permitted or in the total aggregate ~ign Sec. 21.1-269. Signs ~n ~merging Growth Ar~as for Office, ~o~erc~al and Industrial Districts. In addition to the signs permitted in Section 2].I-268, the follow~ng signs Sh~ll be permitted in all Q, C and Districts in emerging g~ow~h {a) On individual parcels or Iota having two (21 acre~ er ]e$~; one (1) freestanding business sign per parcel or lot not exceeding fifty (50) square f~%t in area is permitted. individual parcels or lots having more than two (2} acres, one (1) free,tending business sign per parcel or 10t not exceeding 100 square fee% in area is permitted. When the side or rear lot line adjoins a remidentisI, =ownhouse residential, multi-family residential, or agricultural district, the axterie~ ~igns shall h~ attached flat agalns~ the building and shall not face the adjacent lot located in a residential, townheuse residential, multi-family residential, or agricultural ~ietrict, unless such sign is located at least 150 feet from ~ueh districts. Business signs may be integral with or attached to the main building, er major appendage thereof, and shall not project from the building or appendage more ~hen eighteen (18) inches. The aggregate ~ign area of all business $igD~ on any one lot shall not exceed onQ (1) sqnare foot for each two (2) feet of lot frontage (on corner lots; either thc front lot line or the corner side tot tine, but not ~oth, ~ay be used to ~cmpute siqn area, regardless of road classifi- cation) provided that a minimu~ of twenty (20) square feet or a maximum of 150 s~uara ~eet shall be permitted. ~usiness signs shall not exceed fiftm~n (15) feet in height. (b) In shopping centers, office parks, in,us:rial park~, commercial parks cr ~i~ilar groups of buildings, on~ freestanding business sign not exceeding 10~ ~quare ~et in area and twenty (20) fee~ in height, identifying the development and announcing only the name or location o~ the shopping center, office park~ industrial park, Or commercial park and/or business names of tenants therein, If such development f~onts along more than one (~} major asterial, as indica~e~ on the General Plan, a freestanding ~ign may be permitted along each malor arterial. Ail individual business signs within such developments shall be attached to the main building or major appendage including, but not limited to canopies, marquees, and awnings; however~ businesues located cn individual parcels within a project which fron~ on internal public rights of way er private accesses shall be permitted freestanding individual business signs in accordance with individual parcel or 10t requirements, as provided for in t~e applicable zoning district, provided such signs are not legible to external public rights of way. Further, businesses located on individual parcel~ within a project which £rent on external public right3 of way shall be permitted, one (1} freestanding business sign not axc~edlng twenty (20) square feet in area and a height of eight (8) feet, Where the side or rear lot line ~9-429 adjoins a residential, townhouse residential, multi-family residential or agricultural district, the ~xterior signs shall be attached flat against the building and shall not face the adjacent lot in such districts unless such sign is located at least 150 feet from such district. No sign shall project more than eighteen (18) inches from the building or major appendage. The aggregate sign area of all individual business signs for any one (1) businees shall not exceed one (1) square foot for each two (2) feet of store frontage provided that a minimum of twenty (20) square feet and a maximum of 150 square feet shall be permitted. Sec. 21.1-270. Signs in Post Development Areas for Office, ~ommer~i~l and Industrial Districts. (a) In addition to the signs permitted in Section 21.1-268, the foll6wing signs shall be permitted in the O, C-1 and I-1 Districts in post development areas: (1} Any sign permitted and as regulated in the R, R-TH, R-FLF, and A Districts. (2) On individual parcels or lots one freestanding business sign per parcel Or lot net sxceedinq 100 square feet in area is permitted. When the side or rear lot line adjoins a residential, townhouse residential, multi-family residential, or agricultural district, the exterior signs shall be attached flat against the building and shall not face the adjacent lot located in such district(s) unless much sign is located at least 150 feet from the district(s). Business signs may be integral with or attached to the main building and shall not project from the building or appendage more than eighteen (18) inches. The aggregate sign area of all business signs on any one (1) lot shall not exceed one (1) square foot for each two (2) feet of lot frontage (on corner lots, either the front lot line or the corner side lot line, but not both, may be used to compute sign area, regardleee of the road classification) provided that a minim~un of twenty (20) square feet or a maximum e£ 150 square feet shall be permitted. Business ~igns shall not exceed fifteen (15) feet in height. (3) In shopping centers, office parks, industrial parks, commercial parks or similar groups of buildings, one (1} sign no% exceeding 100 sqn/are feet in area and twenty (20) feet in height, identifying the development and announcing only the name or location of such developments and business names of tenants therein. If such development fronts along two (2) major arterials as indicated on the General Plan, a freestanding sign may be permitted along each major arterial. Ail individual business signs within such developments shall be attached to the main building or major appendaqe including, but not limited to canopies, marquees and awnings; however, businesses located on individual parcels within a project which front on internal public riqhte of way and private accesses shall be permitted freestanding individual businese signs in accordance with individual parcel or lot requirements, as provided for in the applicable zoning district, provided such signs are not legible to external public rights of way. Further, busine~ees located on individual parcels within a project which front on external public rights of way shall be permitted, One (1) freestanding business sign not .exceeding twenty (20) square feet in area and a height of eight (8) feet. Where the side or rear lot line adjoins a residential, townhouse residential, multi-family residential or agricultural district, the exterior signs shall be attached flat against the building and shall net face the adjacent lot in such district(s) unless such sign is located at least 150 feet from such district(s). No sign shall project 89-430 ~ore Uhan eighteen (1~) inches ~rom the building or major appendage. The aggregate area of all bu~in~ $ig~s for any one (1) business shall not exceed one (1) egnare foot for each two (2) feet of store fron[ag~ provided that minimum of twenty (20} square feet and a maximum of 150 equate feet shall be permitted~ (b) The following signs shall be pern%itted in the C-~ District: Any signs permitted and aa regulated for O, C-1 and I-i Distrlsts; except, that the aggregate sign area of all business signs on any one [1) lot may be increased to 1.75 square feet for each two (2) fset of lot or buildin~ {c} The following signs shall be permitted in the C-~, end ~-~ Districts: Any sign permitted and as regulated for ~usiness signs on any one (1) lot may be increased to 2.5 square f~ut for each two (2) feet of lot or building (sheDDing centerl frontage. (~) The fullawing signs shall be permitted in the C-5 an~ I-3 Districts: (1) Any sign permitted add as regulated for C-$, C-4 and I-2 Districts unless otherwise permitted herein. (2~ Flashing and continuous reader board sign~, ~uhj~ct to obtaining a Conditional Use. Sec. 21.1-270.1. Signs--Village Districts for 0,..~, and (a) Signs shall be per-mitred within the Village District in all O, C, and I District~ in aceordaAce with Section 21.1-268., however the ~cllowinq additional requirements shall apply: (1) ID no sase shall the height of any sign, which is not attached to a building, exceed the lesser of either five (5) feet er the maximum height prescri~sd in Section 21.1-26~. (2! In no case ehalI T~he area of any nigh, ~hlsh is not attached to a building, exceed the lesser cf either prescribed in Section 21.l-268. (3) The setback for signs permitted in section 21.1-268. and in this smction may be reduced to five (5) feet. (b) In mdditien to the sign~ permitted by Section 21.1-268.~ the following Eign~ shall also be permitted in all Q, C, and I Districts in Post Development Districts: (1) On individual lot~ one (I) freestanding business sign per lot not exceeding twenty-four (24) square feat in area and f~ve (5] feet in height ~hali be permitted. When the side or r~ar lot line adjoins a R, 5-T~, R-MY, Or A D~strlct, the exterior signs shall not fats the adjacent lot located in e R, R-TH, R-MY, or A District, unless such sign is located at least 150 feet from such distriet~. Business signs may be integral with or attached to the main building or major appendaqe thereof, and nhaI1 not project from the building or appendage more than thirty (30} inches. Th.e aggregate sign area of all business signs on any one let shall not excesd one (1] ~gusre foot 89-491 for each two (2) feet of lot frontage (on corner lots, either the front lot line of the corner side lot linc, but not beth may be used compute sign area, regardless of road classification); however, in nO case shall the maximum permitted be less than twenty (20) square feet or more than 150 square feet. (2) In shopping centers, office parks, industrial parks, commercial parks or similar groups of buildings, one freestanding business sign not exceeding twenty-four (24) square feet in area and five (5) feet in height, identifying the davelopment and announcing only the name or location of the shopping center, office park, industrial park, or com~crcial park and/or business names of tenants therain. If such development fronts along more than Cue (1) major arterial, as indicated on the General Plan, a freestanding sign may be permitted along each major arterial. Ail individual business signs within such developments shall be attached to the main building or major appendage including, but not limited to, canopies, marquees, and awnings. However, businesses located on individual lots within a project which front on internal public rights-of-way shall be permitted freestanding individual business signs in accordance with individual lot requirements, as provided for in the applicable sorting district, and provided that such signs are not legible to external public rights-of-way. Further, businesses located on individual lots within a project which front on external public rights-of-way shall be permitted, one (1) freestanding sign net exceeding twenty (20) square feet in area and five (5) feet in height. Where the side .or rear lot line adjoins a R, R-T~, R-MP, or A District, the exterior signs shall not face the adjacent lot located in a R, R-T~, R-M~, or A District, unless such sign is located at least 150 feet from such districts. Nc sign shall project more than thirty (30) inches from the building or major appendage. The aggregate sign area of all business signs on any one lot shall not exceed one (1) square foot for each two (2) feet of store frontage; however, in no case shall the maximum permitted be less than twenty (20) square feet or more than 150 square feet. ARTICLE 9. SCHEMATIC AND SITE PLANS. DIVISION 1. SCHEMATIC PLANS. Sec. 21.1-271. Schematic Plans. (a) Any project containing a mixture of residential and non-residential uses; townhouses (R-T~), multi-family (R-M~I; and/or a project to be constructed in phases, shall submit schematic plans for review to the Planning Commission. Any person aggrieved by the decision of the Planning Commission may appeal such decision in the same manner as for site plans. Upon approval of schematic plans by the Planning Commission, site plans shall be submitted in accordance with Division 2 of this Article. (b) Schematic plans shall include the horizontal layout of the project based upon a metes and bounds survey; list of uses; square footage or number of dwelling units; conceptual landscaping plans; cross-sections of any required buffers; if deemed necessary by the Transportation. Department, a traffic impact analysis; and/or any additional information necessary to insnrs compliance with conditions of zoning. (c) The Planning Commission shall review schematic plans to insure compliance with the requirements of this Ordinance and conditions of zoning; to insure compliance with the spirit and intent of the goals and policies of the General Plan; to insure land use compatibility and transition; and to mitigate any adverse impact on the public's health, safety and welfare. 89-432 Tho Planning Gormmission may impose conditions to accomplish the purposes herein. (d) The Director of Planning, or his responsible for posting a notice of the eohemafic plan public h~aring in accordance with Section DIVISION 2. SITE PLA~E. Sec. 21.1-272. Uses Requiring Site Plan approval. The following uses req~xire a site plan when they r~ire ~ building permit or involve a land area greater than 4,00~ sc/uare feet: (a) Non-residential use~ to include, but not limited to, churches, schools mr colle~o~ hospitals~ nursing homes, institutional buildings, p~blic buildings, parks and playgrounds. {b) Any land use er development in multi-f~mily residential, mobile home park, office, commercial and {c) Any non-residential land use permitted by right in any district. Conditional U~e er Special ExcepTion is required. Section 21~1-273~ Preparation and Submission of Sit~ Plans. (a) Site plans, or any portion thereof, involving engineering, landscape architecture, architecture or land surveying, shall be prepared or certified respectively by an engineer, Iand$cape architect, ~rchiuect or land surveyor duly registered by the State to practice as such. (b) Requests for cite plan review and approval shall b~ accompanied by ~he following: (1) A completed app!ica~ion form. Copies as required by the Director of Planning. selec=ion by =ho applicant cf the Administrative or Planning Ce~tmission site plan review an~ approval (4) Fees as required by Section 21.1-280. (5) Copies, the number of which ~hall be determined by ~hs Director o£ Plannlug, of ail Commission's and ~oards' minute~ relating to zoning and development of fke property. (c) Every site plan shall be prepared in the following manner and show the following info~ma%ioD ~nd location o~ land uses where necessary and applicable: (t) A site plan may be pre,&red in one or more ~he~t~ %O shew clearly the information xequired by this Article to facilitate review and approval of the plan. If prepared in mur~ than one ~heet, matuh lines ~hall clearly indicate where the sheets join and each skeet shall contain an overall sketch plan showing the relationship of improvements on each sheet. (21 A master site plan may b~ ~ubmitte~ ~or large areas ~o be developed in phases. Further changes, additions or deletions may be Submi%%e~ as site plans 89-43~ wherein only that portion of the land or building affected n~ed be shown. (3) Clearly legible blue or black line copies of a site plan prepared in accordance with the requirements of this Article, are required %o be submitted for approval as provided in this Article. (4) Land use. (5) Parking areas and driveways. (6) Recreation or open spaces. (7! Name and location of development. (8) Boundary of the entire tract by courses and distances. (9) Area and present zoning of tract. (10) Names and addresses of the owner or owners of record of the tract and the applicant. (11) Owner, zoning, and present use of all contiguous or abutting property. (12) Date, scale, north pclnt, and number of sheets. Scale shall be one (1) inch equals 100 feet or larger, for all plan sheets showing buildings or building lots, and at least one (1) inch equals 600 feet on plan sheets showing no buildings or building lots. Sheet size shall not exceed twenty-four (24) by thirty~six (36) inches. (13} Vicinity sketch. (14) All building restriction lines, highway setback lines, utility easements, covenants, reservations and existing, as well as ultimate, rights of way, as shown on the General Plan. (15) Existing and finished topography with a maximum of one (1) foot contour intervals. Plans depicting any off-site drainage areas shall show off-site topography with a maximum of five (5) foot contour intervals. (16) Name, address and telephone number of the pnrson preparing the plan. {17) ~torm drainage systems and natural and artificial watercourses. (I8) All existing improvements excluding privately owned underground utilities and the like. (19) Limits of any established 100 year floodplains. (20) Sidewalks, streets, alleys and easements. (21) Buildings and structures to inolude architectural elevations/renderings; distances between buildings; number of stories; area in gross square feet of each floor; number of dwelling units or guest rooms; building height; and location and size of required street address sign. (22) Driveways, entrances, exits, parking areas and loading spaces to include n~mber of parking spaces; number of handicapped parking spaces; and number of loading spaces. (23) Public sanitary waste water systems. 89-434 {~5) Gan, power and telephone lines, utility company owned or operated. (26) Slopes, terraces, retaining waits, fencing and screening within the required pards. (27) Plans for cellecting and depositing storm water in accordance with the requirements of the Environmental Engineering Department and method of treatment of natural and artificial watercourses, including a delineation of proposed limits of. floodplains, if any~ as cre~ted or enlarged by the proposed development. (25} Conceptual outdoor lighting, provided detailed submitted prior to installation. (29} Conceptual landscaping, provided d~tailed plans are submitted prior to installation. (30) Any other feature of the development which is r~quired by this Chapter to be shown on a site pla~. (d} The Director of Planning or his agent shall be responsible for review~nq the site plans for general completeness and compliance with adopted plans or such administrative requirements as nay he ~tablished prior to forwarding copie~ thereof to ether reviewing agencies er officials. Section 21.1-274. S~te Plan Processing. At the time a site plan is submitted, the applicant shall elect whether to seek approval under the administrative review a~d approval process set forth in Section 21.1-275 Or the Planning Commi~$ion review and approval procedure set forth in Section 21.1-276. If ~hs applicant fails ~o make such seleotlo~, his application will be processed under the administrative review and approval procedure. Section 91.1-~75. Administrative Review. (a} Ail site plans which are properly submlt~ed as provided in this Article for administrative review and approval shall be r~viewed and recommended for approval er ~enial by: The Director of Planning or his agents, relative a. Compliance with the requirsment~ of this Chapter, inclu41ng, but ~ot limieed to, setbacks, side yards and roar yards, haiqht, of building, lot area end lot coverage, fencing, Screening, Iand~eaptng# lighting, architectural design; and pedestrian access. b. LocatiOn, design and adequacy cf automobile parking as to number of spaces, square footag~ per space inclnding movement lanes and fetal area. relative a. Location and dsslgn of vehicular entrances and exits in relation to streets giving acce~ to the nits. b. Adeguate provi~ion for inter,al and external traffic circulation includinq, but net limited to access to adjoining property; traffle control d~vices, and speed control devices. 89-435 (3) Virginia Department of Transportation Engineer relative to highway matters. (4) ~he Director of ~nvironmental Engineering or his agents, relative to: Adequacy of drainage and erosion control b. design Flood protection. Compliance with applicable established criteria, construction standards and speeifioations for all required public road and drainage improvements. (5) The 'Director of Utilities or his agents, relative to: a. Adequacy of water supply and sanitary waste water facilities. b. Compliance with applicable established design criteria, construction standards and specifications for all required public water and waste water improvements. (6} Building Official or his agents, relative to fire protection and compliance with the provisions of the County Fire Prevention Code and the Uniform Statewide Building Code. (7) Director of Health or his agents relative to private waste water and water systems. (8) Chief of Police or his agents relative to police protection and County safety codes. (b) The Director of Planning shall approve or disapprove site plans in accordance with the reviewing authorities' recommendations. Be shall notify the applicant of his decision to approve or disapprove the site plan within thirty (30) days of the date of submission of the plan, if practicable. (c) In the event the applicant disagrees with the final decision of the Director of Planning, he may file a written appeal with the Planning Commission within fifteen {15) days of that decision. In addition, adjacent property owners may appeal the final decision of the Director of Planning by filing a written appeal with the Planning Commission within fifteen (15} days of that decision. Adjacent property owners' appeals shall be limited to condition~ which directly affect the property owners and include access, utility locations, buffers, conditions of zoning, architectural treatment in the C-1 and 0-1 Districts and land use transitions. The Co~ission shall fix a reasonable time for hearing of the appeal and decide the same within sixty (60) days. The Commission may affirm, modify or reverse the decision. During this period the Director of Planning shall not approve the site plan or the building permit. Section 21.1-276. Planning Commission Review. All site plans which are properly submitted as provided for in this division for Planning Con~ission review and approval ~hall be reviewed and recommended for approval or denial as follows: (a} The appropriate departments and/or agencies will review and make recommendations relative to approval or denial as outlined in Section 21.1-275(a) of this Article. 89-436 (b) ~ffeotive (ninety {~0) days following date of adoption} the Director of Planning, or his assn,, stall resp0n~ible for po~Cinq a notice of 'the site plan public h~aring in accordance with ~e~tlon ~c) The Director of Planning stall submit recommendations to the Planning Co~t~ission for approval or d~nial of the site plan in accordance with the reviewing authorities' reco~endations. (d} If the Planning Cor~r~iz~ion fails t~ approv~ or disapprove the proposed site plan within sixty (60) days after it has been officially submitted for approval, the applicant, after ten {10) days' notice to the Commission, may petition the Circuit Court to decid~ whetter the si~e plan should or should not be approved. The Cour~ shall hear the matter and shall approve o~ disapprove the plane in accordance with this Chapter. (e) In the event the applicant disagrees with the final decision of tko Planning Con, lesion, ha may file a written appeal with the Circuit Court within sixty days of that .d~cieion. In addition, adjacent property owners may appeal the final decision of th~ Planning Commission by filing a written app~aI with the Circnit Court within sixty (~O) ~ays of that decision. Adjacent proper~y own~z' appeals shall be limited to condi%ion~ whlu5 dirsctty affect the property o~ers and access, utility locations, b~ffezs, conditions of zoning, architectural treatment in the C-1 and O-1 Districts and land u~ ~ransitlons. The Court ~hall fi~ a r~asonable time for hearinq of the appeal. Du~ing this period DirectOr of ~lanning shall n~t approve the site plan the building permit. ~ection 21.1-277. Period of Site Plan Validity. An approved ~ite plan ~halI become null and void if no significant work i$ do~ or development is ma~e on the site within twelve (12} months after final ~ite plan approval. Th~r~ ~hall be no clearing or grading of any ~ite approval of a gra~ng and/or erosion control plan by the Director of Planning and the Director of Enviro~ental Engi- neering. Con~trUe~iOn or development may begin upon approval of the site plan by the Director of Planninq and of b~ilding permits by the Buildinq Official. Section 21.1-278. Minor or Major Adjustment in ~roved Site ~lan. (a) After a site plan has b~en approved, this Article and other provisions of this Chapter; with th~ intent 0f the approving bedims in their a~proval of site plans; and with tko general purpose 0f the General Plan for concerned. D~viation from an appr~vsd $it~ plan without wEitt~n approval of the Director of Plannin~ shall void th~ plan mhd the Director of Planning sha!l require the to resubmit a n~w site plan for Oonsideration. (h) A~y major revision of an approved site plan ~hall made in the g~ manner as originally approved. FOr such revisions, any re~irement~ of this Article which are found by the Director to be unnecessary to assure comDliance with the Sec. 2t.1-279. Construction to be in Accordance with Plan; Prerequislt~ to Issuance of ~ermit. 89-437 (a) It shall be unlawful for any person to construct, erect or structurally alter any building or structure or develop, change or improve land for which a site plan is required, except in accordance with the approved site plan. (b) No building permit shall be issued to construct, erect or alter any building or structure or develop, or improve any land, that is subject to the provisions of this Article until a site plan has been submitted and approved. Sec. 21.1-280. Fees. In addition to any other fees required by the County, fees shall be payable to the County Treasurer and submitted to the Planning Department upon filing es follows: (a) Commercial, industrial, institutional (b) Multi-family residential (c) Master site plan (d) Revised site plan (e) Schematic plan (1). Multi-far~ily and town- house residential (2). Commercial, industrial and institutional (f) Appeal to decision of Director of Planning ARTICLE 10. Sac. 21.1-281. Definitions. $820.00 plus $45.00 $870.00 plus $10.00 per unit $520.00 $370.00 $370.00 plus $15.00 per unit $920.00 plus $75.00 $260.00 DEFINITIONS For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section: For state law definitions relating to zoning, see Code of Va., Sec. 15.1-430. Accessory buildin~ or use. A building or a use of land used for a purpose incident and subordinate to that for which s main building is used, and the use of premises for a purpose incident and subordinate to the main or dominant use of the premises. Administrator. The Federal Insuranc~ Administrator who administers the National Flood Insurance Program of the Federal Emergency Management Agency. Adult book store. An establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating "specified sexual activities" or "special anatomical areas," or an establishment with a segment or section devoted to the sale or display of such material. Adult care center. Same as child care center, except that such facility is for the care of adults. Adult mini~mntion picture =heater. An enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an 89-438 emphasis on matter ~epi~tinq, describinG or relating to "~pecifi~d ~exual activities" or "~p~ifle~ anatomical areas" for observation by Datrons therein. Adalt motion piet~a theatre. An enclosed building with a capacity Of fifty (50) or mor~ persons used for presentlnq material distinguished or characterized by an e~pka~is on matter d~picting, describing er relating to "specified sexual actiuitiss" er "specified anatomical areas," for ob~eegation by patrons therein. Airpert. Any area of land er water which is used or intended for use for the landing and taking off of ai~cre£t and any appurtenant a~sas which are used or intended for ~$e for airport buildings or other airport facilities or rights of way, tofether w~th all airport buildings an~ facilities located thereon. Alley. A pa~age or way open to the public or privat~ travel affording generally a secondary means of vehicular buildings abut, a~d not · intended for general traffic Area of ~ecial flood hazard. That land in the floodplain subject to a one {1) percent er greater chan~e of fleodin~ in any given year. The area ~ill b~ designated on the County Flood Insurance ~ate Map (FIRM) as zones A~ Al-All, Al4, Al5, Arterial, major. See principal arterial. Arterial, minor, A road which interconnects with, and identifiable neighborhoods; and distributes travel to ~mall geographic areas. ~he term "minor a~te~ial" shall include, but of ninety (90) feet, a~ ~hewn Qn the General Plan. Arterial, principal. A road which ~rovide$ major the majeF c~nter{s) of activity; has a high traffic volume; tQ%~! area travel on a minimum mileage. Principal arterial right of way of widBh 120 to 200 feet, as shown on the G~neral Plan. Automatic er drive-through car wash. ~ f~eillt¥ where washing of cars is performed by machines and may include man, al labor such e~ d~yie~ off cars and cleaning of interiors. at retail, and where dispensing i~ pe~formed by the customer ur gasoline, diesel o~1 and/or fu~l for internal combustion engines is supplied and dispersed at retail and where, in a~dit~on, the following services may be rendered, and sales distributors and ignition system parts; sale, servicing and of mufflers, tail pipe~, water ho~e~, fa~ belts, brake fluid, ligh~ bulbs, windshield wipers and blades, qrease r~tainers, 89~439 wheel bearings and the like; radiator cleaning, flushinq and fluid replacement; washing and polishing supplies; greasing and lubrication; provision and repair of fuel pumps, oil pumps and lines; minor adjustment and repair of carburetors; adjustment and repair o£ brakes; emergency repair of wiring; minor motor adjustments not involving removal of the head or crankcase; sales of beverages, packaged foods, tobacco products and similar convenience goods for customers, as accessory and incidental to the principal operations; provision of road maps and other travel information to customers; provision of restrocm facilities; and State motor vehicle inspections. A service station is not a public garage or a body shop. Uses permissible at a service station do not include major mechanical, and body work, straightening of body parts, painting, welding,, storage of automobiles or trucks net in operating condition or other operations involving noise, glare, smoke, fumes or other characteristics to an extent greater than normally found in service stations. Backwater. A flow retarding influence due to a dam or other construction, such as a bridge or culvert, er another Base flood. A flood having a one (1) percent chance of being equalled or exceeded in any given year. Basement. That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the average vertical distance from average grade to the floor below is more than the average vertical distanc~ from average grade to ceiling. Block. That property abutting one side of a street and lying between the two nsarest intersecting or intercepting streets, or nearest intersecting or intercepting streets and railroad rights of way, unsubdivided acreage, river or live stream or other barrier of such size as to interrupt the continuity of development of both sides thereof. Boarding or lodging house. A structure otherwise permitted in the district in which it is situated where meals and/or lodging are provided for compensation for three or more, but not exceeding nine, guests who are not transients. Boat. A vehicular portable structure, with or without a deck and with or without power designed for transportation on Boat trailer. A vehicular structure built on a chassis and designed for transporting boats. Building. Any structure having a roof supported by columns or walls built for the support, shelter or enclosure of persons, animals, chattels or property of any kind, except a tent, mobile home or manufactured home. Th~ word "building" includes the word "structure." Building, main. A building in which is conducted the principal use of the lot on which it is situated. In any residential or agricultural district, any dwelling shall be deemed to be a main building on the lot On which the same is situated. Building height. A vertical distance from the "grade" level to the highe's't--point e~ the coping of a flat roof or te tho deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof. ~ A nonvehicnlar portable structure designed to be used as a temporary dwelling for travel, recreation and 89-440 vacation uses, with s~ OVerall length Of not mere than eighteen Cellar. Same as "basement." Cemetery. A place for burial of the dead, where lots are sold. Child care center. Any facility, other than a family day care home, operated for the purpose of providing care, protection and guidance to a group of t~n {lO) or more children separated from their parents er guardian during a part c~ the day only, except: (1) A facility required to be licensed a~ a suau~er camp Under ~ectlons ~5-4~ through 3§-53 of tbs Code of Virginia; (2} a public school or a private school, unless Commissioner of Welfare and institutionz determines that such private schoel i~ operating a child car~ center outside the the educational instruction of children, two (~) tc fiv~ years of age, at which children two (2) to four (41 years ag~ do not attend in excess of four (4) heurs per day and children five (5) years of age do not attend in excess o~ six and one-half (6 1/2) hours per day; and (4) a Sunday school cenducted by a reliqieus institution or a ~aciliey operated by a religious organization where children ~re cared for during short per~od~ o~ t~me while person~ r~sponsible for such children are attending r~ligion~ services. Clerk. Cl~rk of tho Board of Supervisors. Clinic. An ~$tablisbmeDt where patients who are not lodged overnight are admitted for e~aminaticn or ~rsatm~nt by physicianS, ~en~ists er veterinarians. Cockta~ Any establishment which serves aluohollc beverages but has ne more than one [1} ef the following relationship to the types and sizes of businesses, Commission. The Planning Commission of the County. Conditional Use. A use that may be permitted in district by the Board cf Supervisors under c~rtain Conditional zoning. The classifying cf land into districts by 'legislative action, including the allowing of conditions being in addition to the regulations providsd fez particular zoning district by this Chapter. or rear yard. are kept and from which milk is sold on or off the prsmiseso A Density. The number of dwelling unit~ Or the square footage per acre. 89-441 Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Director of Planning. The Planning Director. Display, outside. Any area used for, but not limited to, the display of equipment, supplies or other goods for sale whereby such materials are only displayed outside for a portion of any twenty-four (24) hour day. District. A portion of the County within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Chapter. Drive-in restaurant. See fast food restaurant. Drive-in windows. A customer service facility designed for the convenience of the motoring public accessory to an office or retail establishment which is intended to enable the customer to transact business with a person located within a structure or a machine without exiting the motor vehicle. Dwellinq or dwelling unit. Any building or portion thereof providing complete independent permanent facilities for living, sleeping, eating and sanitation designed for or used exclusively as living quarters by one family, but not including a tent, cabin, travel trailer, mobile home, manufactured home, or a room in a hotel or motel. Dwelling, multiple-family. A building or portion thereof, containing three (3) or more dwelling units. Dwelling, single family. A building designed for use or occupied exclusively by one (1) family. Dwelling, two-family. A building designed for use or occupied exclusively by two (2) families and containing two (2) dwelling units. Easement. A grant of rights by a property owner to another individual, group or governmental unit to make limited use of a portion of real property for a specified purpose. Emerging growth area. That area defined by Section 21.1-245. 'Erect. Includes "construct," "reconstruct," "enlarge" and other forms thereof but not the word "maintain" or any form thereof, Existing construction. Structures for which the start of construction corm~enced ~efore the effective date of this Chapter. ~xisting constructlen may also be referred to as "existing structures." Family. (1) An individual; (2) Two (2) Or more persons related by blood, marriage, adoption or guardianship plus any domestic servants, foster children and not more than two (2) roomers, living together as a single nonprofit housekeeping unit in a dwelling or dwelling (3) A group of not more than £our (4) persons not related by blood, marriage, adoption or guardianship living together as a singl~ nonprofit housekeeping unit in a dwelling or dwelling unit. 89-442 Family day-care home. Any private family home in which more than five (5) children are r~celved for car~, protection and guidance et any one hims during the twenty-four {24) hour day. These regulations shall not apply to: (1) children who are related by blood or marriage to the per,on who maintains the home; or (2) homes which accept children exclusively from Depart. meats of Welfare or Social Services. Farm. Any tract of land which is used for the ~aising of agricultural products and which may include facilities for tko sale of such products from the premises where produced. The definition of "farm" shall eot include stosk farms, commercial plant nurseries, commercial g~eenheuses, commercial hatcheries~ or other commercial retail or agriculture-related industrial Flood. A general and temporary condition of partial or compl~t~ ~nunda~ion of normally dry land Flood b~.updary and floodway maps (FSFM). The official map of hhe County On which the Administrator ha~ delineated the boundaries of the 100 and 500 year floods and flcodways. Flood insurance rate m.ap (FIRM]. The official ~ap of the County on w~ich the Administrator has delineated both the special hazard areas and the risR premium ~onee applicable to the County. Floodplain management. The operation cf an overall flood damage, including, but not limited to, emergency preparedness plans, flood control work~ and floodplain manage- ment regulations. Floodproofinq. A combination of structural and nonstruct~ra! additions, changes or adjustments to structures which reduce or eliminate flood d~mege to Ieat es%ate er improved real property, water and sanitary facilities~ struc- tures and their contents. Floodway. As shown on th~ County's FBFM, the channel of a must be reserved in order to dlschargs the base flood wibhout one {1) foo~ at any point, Floodway fringe. Ae shown on the County's FBFM, the ar~a of the floodplain that can be completely ob~hfueted without increasing the water surface elevation of the base flood by more then one (1) foot at any point. Floor area, gross. Sum of a horizontal area of ali of a building measured from the exterior faces of the ~xte~ier walls or from the c~nterline of walls separating two buildings, but not including outside s=oraga areas~ attached garages or mechanical equipment. ~reewa¥. An express%ray with fully controlled access which gives preference to through-traffic by providing access connections wit~ selected public road~ Only and prohibits at-grade crcsaings or direct privat~ driveway connsction~. The term "freeway" shall inelude~ but not be limited to, limited Garage, private. An aoeess0ry building occupied, intended for occupancy, by the passenger motor ~ehi~le$ of fau~ilies resident on the lot, including a carport. If space for more than two (2} vehicles in a garage or carport having capacity of not more than thres (3) vehicles, or if more than one-half (1/2) the space in e garage having a ¢~pacity of three (3) or more vehicles, is occupied by any commercial v~hicle of 89-443 a family resident on the lot, or by any other commercial vehicles, such garage shall be deemed to be a public garage. ~ara~e, public. Any building or portion thereof, open to the public, other than a private qarage, deeigned or uee~ for equipping, servicing, repairing, hiring, storing or parking motor driven vehicles, The term "repairing" shaZl include tire recapping, body, major engine and transmission repairs, but shall not include dismantling or storage of junked vehicles. Golf course. Any golf course, public or private, where golf is played, including accessory uses and buildings customary thereto. Grade. The average of the finished ground level measured at the center of all walls of a building. In case walls are parallel to and wi{hin five (5) feet of a sidewalk, the grade (ground level) may be measured et the sidewalk. Graveyard. A place for burial of human dead, consisting of one (1) or more graves, which has been set aside and maintained by a church or family. Group care facility. An adult and/or child caring institution, designed tO provide resident services to individualm who are handicapped er disabled, requiring rehabilitation or personal services. Group care facility includes uses such as group homes, halfway houses, resident schools and resident facilities. Guest room. A sleeping room which is designed or intended for occupancy by, or which is occupied by on8 or more guests for Compensation, but in which no provision is made for cooking. The term does not include a dormitory for sleeping purposes. Home occupation. Any occupation, profession, enterprise or activity conducted solely by one or more members of a family on the premises which is incidental and secondary to the use of the premises including the home office of a member of a recognized or licensed profeesion, such as an attorney-at-law, physician, dentist, musician or artist, real estate salesman, proiessional engineer; provided, that (1) not more than the equivalent area of one quarter of one floor shall be used for such purpose; (2) that ouch occupation shall not require external alterations; (3) that no commodity is stored er sold, except such as are made on the premises; (4) there shall be no group instruction, assembly or activity, or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling; (5) that there is used no sign, other than a nameplate which is attached to the building, which is not illuminated and mot more than one (1) square foot in area; and (6) that not more than one (1) motor vehicle used in conjunction with the home occupation, is parked on the premises. Permitted home occupations shall not include the conduct of animal hospitals or kennels, beauty parlors, barbershops, nursing homes, convalescent homes, rest heme~, tourist homes, massage parlors or similar e~tablishments offering services to the general public. Eo_~q~pital. An institution providinq primary health services and medical or $~rqical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including as an integral part of the institution, related facilities ~uch as laboratories, out-patient facilities or training facilities. Hotel. A building designed for transient occupancy containing lodging rooms or suites accessible from a common hall or entrance, providing living, sleeping and bathroom facilities. A central kitchen, meeting rooms, dining room, 89-444 restaurant, n/qht club~ gift shop and recreation room are generally provided. The term "ho%el" $h~11 nQt include a motel. Industrial Park. A development that contains thre~ (3) or more industrial establishments planned, developed or managed as a unit related in location; size and type of shops to the that the unit serves and provides on-site parking in relationship to the size and types of industrial uses. Institutional buildinq. A building OWned, occupied and used by institutions of a civic, religious, charitable, educational, or philanthropic nature. Junk yard. The u~e of more thau 200 cubic feet of the open area cf any lot or parcel cf land for the depositing, sorting, refining, baling, dismantling, or storage e£ junk, including, but not limited to, scrap metals cE other scrap material; u~ed or ~crap building, plumbing, electrical and heating material~ discarded household eppliance~, furnishings and fixtures; dismantled or d~molishe~ me,or vehicles or other machinery or parts thereof; or one or more motor vehicles that are incperabl~ and eccnc~ically i~praotical to make operative. The term '~]unk yard~' shall not include any of the things r~oihed h~r~in which ai~ incidental and accessory to any aqrioultural or industrial use. Kennel, commercial. A facility wher~ dog~ a~e kept for boarding, breeding, care, grooming, sale or uther purpose for commercial gain. Kennel, p~ivate. A place where three (3) or more dogs, more than six (6) months cid, are kept for private Lattice Fence. A wooden fence of posts, at least two (2) horizontal rails, and perpendicularly erected laths no less than one {1) inch wide, and no ~arther apart then two inches. Laundromat. A building or part ~hereof where clothes or other household ertl=les ars wamh~d in self-service machines and where such washed clothes and articles may also be 4rie~ or ironed and no delivery service is provided in connection therewith. Liv~ entertainment. Live ~nt~rteinmen~ shall ins!uda, but LOt. A ~ingle parcel of land occupied, or intended to be occupied, by a principal building or buildinqs end accessory buildings and uses, together with ~ueh open spaces as are than the minimum area required by this ordinance for a lo= in street. Th~ word "I~t" lne~udea t-he words "plot, .... parcel" and Lot area. The area of a horizontal plane hounded by the occupied by the wators of a duly iecurded lake or river. Lot, corner. A lot abutting on two (2) ~tr~e%$ which intersect at an s~gle not greate~ than 135 degree~. A of which i8 substantially a continuation of the front lot line Lot~ interior. Any lot' other than a corner lot. ~9-44§ Lot, through. A lot having a pair of opposite lot lines along two (2) more or less parallel public streets. Both street lines shall be deemed front lot lines. Lot ~ The shortest horizontal distance between front and r~ l~nes of a lot measured perpendicular to the street line. Lot width. The horizontal distance between the sidelines of a lot measured along the front yard setback line. Lot, zoning. A tract of land, located within a single block, which, at the time cf 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 all of which is to be used, developed, or built upon as a unft under single ownership. A zoning lot may or may not conform to a lot of record. Lot of record. A lot shown upon a subdivision plat recorded in the clerk's office at the circuit court of the County. Manufactured home. A structure subject to Federal regulation which is transportable in one (1) or more sections, is eight (8) feet or more in width and forty (40) feet er more in length or is 320 or more square feet when erected on-site; is built on a permanent chassis; is designed to be used as a single family dwelling, with or wi%tout a permanent foundation, when connected to required utilities; and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. ~assage parlors. Same as defined in Section 13-1 of this Code. Mini-warehouse. A building consisting of individual, small, self-contained units that are leased for the storage of household goods, businezz goods Or contractors' supplies. Mobile home. An industrialized building unit which is eight (8) feet or more in width and thirty-two (32) feet or more in length, and is constructed on a chazsis for towing to the point of use and designed to be used with or without a foundation for occupancy as a dwelling when connected to required utilities; or two (2) or more such units separately towable, but designed to be joined together at the point of use to form a single dwelling, and which is designed for removal to, and installation or erection on other sites. Mobile or manufactured home park. A plot of ground upon which two (2) or more mobile or manufactured homes are located and where spaces Or lots are not for sale. Mobile or manufactured home subdivision. A subdivision, as defined in Chapter 18.1 of this Code, which is designed solely for mobile or manufactured homes. Modular home or unit. An industrialized building assembly or system of building sub-assemblies, including the necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off-site and traneported to the point of use for installation or erection, with or without other specified components, as a finished building or as a part of s finished building comprising two (2) or more industrialized building units, and not designed for ready removal to or installation or erection on another site. Motor court or motel. A building or buildings designed for transient occupancy containing locking rooms or suites accessible through a common hall or separate outside entrances. A central kitchen, meeting rooms, or dining room are not 89-446 ~e~erelly provided within the s~e structure as room~ or suite~. N~w eon~tru~ion. ~truc~ures for which the ztart of construction commenced on or after April 12, 1999. Night~lub, Any commercial e~tahli~hment which serves alcoholic beverages and has iiva entertainment and dancing. Ncnoonfor/nin~ The lawful use of land, buildings, ~trueture~ and pzemigeg existing on April 12, 19~9, which use does not 0enform to the applicable provisions of this Chapter. Nursing.Home. Any convalescent heme, rest home or home for more ~han three (3) persons who are aged, iniirm, chronically ill or incurably afflicted, and any place devoted primarily to the maintenance and operation Qf facilities for the treatment and care of such persons, excluding extensive or intensive care that i~ normally provide~ in a genexal hospital or other ~pecialized hospital, but who do ~equire care in excess o~ room and board and who need ~odioal nursing, convalescent cz chronic care. Office Park. A developman~ ~ha~ contains three (S) or mere ~eparat~ offi~ buildings pl~nne~, developed or managed as a unit related in loc&%i~n~ si~e and typ~ of us~s ~o the area that the unit s~rves and provides on-site par~ing in relationship to the types and ~i~a~ ef offices. One hundred {I00) year flood. See "base flood," Open space. Any ar~a not occupied by building, drive or parkin~ area. Pedestrianwa~v. Circulation s~stem designed to be utilized by pede~tr~ah~; b~cyclists and/or other non-mo~oriz~4 traffic. Picket Fence. A wooden fence of posts, at least two (2) horizontal ~and vertical pickets; the pickets of which shall be no more than four ~) inches wide, and no far,er apar~ than their own width. ~lanned development, one (1) or more contiguous under single ownership or unified control, planned as a whole in accordance with an approved master plan which may include multi~le land u~es and az ~urthar ouatin~d in Section 21.1-10. Planning co~isslon. The County Planning Co~is~ion. Post development area. That area as defin6d in 21.1-~52. ~remises. A lot, parcel, tract or plot of land togethe~ with all b~ildings and s=ructures thereon. ~ro~ect. A dev~I~pmen~ that is planned, de~eloped ~ecr~ational equipment. Equipment including boats, boat traile~s~ zaft~, hous~ trailers, travel trailers, pick-up campe=s or coaches, motorized: dwellings, tent trailers, and the like, and cases or boxes used for transporting recrea=ionat equipment, whether oc=upiedby ~ch equipment or not. Restauran=. An establishment whose principal busines~ thc sale of food and beverage~ to th~ customer in a ready-=o-consume state~ and whose design o~ principal method operation includes one {1~ Or both of the following: (1) Cuntome~$, ~ormally provided wi~ an individual are served their foods and/or 'beveraq%9 by a r~ntaurant ~9-447 employee a: the same table or counter at which said items are (2) A cafeteria-style setting is provided where food and/or beverages are consumed within the restaurant structure. Restauran%, catty-out. An establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state, and whose design or method of operation includes one or more of the following characteristics: (1) The consumption of foods and beverages within the restaurant building, within a motor vehicle parked upon the premises, or at other facilities on the premises outside the building, is prohibited and such prohibition is strictly enforced by the restaurateur. (2) Foods and beverages are usually served in edible, paper, plastic er other disposable containers. (3) Foods and beverages are either picked up ~y the consumer or delivered by restaurant employee(s). Restaurant, fast food. Any establishment which provides as a principal use the sale of food, frozen desserts, or beverages in a ready-to-consume state for consumption either within the restaurant, within a motor vehicle parked On the premises, or off-premises, and whose design or principal method of operation includes One (1) or more of the following characteristics: (1) Food, frozen desserts, or beverages are served in edible containers or in paper, plastic or other disposable containers. Eating utensils, if provided, are disposable. (2) Food, frozen desserts, or beverages are usually to a seating facility within the restaurant, to a motor vehicle or off-premises. If consumed on-premises, customers generally are expected to clear their own tables and dispose of their trash. (3) Food, frozen desserts, or beverages are served to the occupants of a motor vehicle while seated therein, such as through a drive-in window or via curb service. The term "fast food" restaurant shall include drive-in S~hool. Unless otherwise specified, the term "school" and "college" shall be limited to places of general inetruction and shall not include dancing schools, riding academies, or trade or specialized vocational schools. Self-service car wash. A facility for the cleaning of automobiles where cleaning is performed by the automobile owner and assistance by employees of the facility is not provided. Such facilities include wand washe~. Shopping center. A development that contains three (3) or more commercial establishments planned, developed, or managed as a unit related in location, size ~nd type of shops to the area 'that the unit serves and provides on-site parking in relationship to the types and sizes of stores. Si~n. Any display of letters, figures, designs, devices, pictures, loges, emblems, insignia, numbers, lines or colors or any combination thereof, visible to the public for the purpose of making anything known or attracting attention. The flag, emblem, insignia, poster or other display of a nation, political unit, educational, charitable, religious or similar group, campaign, non-profit drive or event or the architectural 89-448 ~dvertisinq message on, er a~ an integral part thereof, ~hali not be included within the meaning of this definition. Nor shall any of the previously mentioned display~ b~ inelud~ within the meaning of this definition when such displays are located within a building or other enclosure and a~ not visible from the exterior cf the building or other enclosure. Si~n area. The area cf sign shall be determined from its outside measurements, including any framing, trim er molding, but excluding the height and width of supports and ~upportin~ structure and any area of such sign used to identify the location of the establishment. For the purpose of computing area, a ~ign consisting of two (2) or more sides, where the interior angle between any of the sides exceeds sixty degrees, each side shall be counted when computing sign area. $i~n, business. A sign which directs attention to a business, co~modit~ servicu or other activity conducted upon the pr~raises upon which such sign is located. Sign, fixed. A sign attached, erected, or painted on the outside wall of a building and supported by any part of or marquee. Sign, flashing or continuou~ r~a~e~ board. Any sign displaying flashing or intermittent light, s or other lights of ch~mglug ~eg~c~ of intensity, b~ightness or color, or electronically moving copy. Thi~ definition shell not apply to sigma which ~iepl~y public service information such as tim~, date~ f~mperat~re, weather~ 'or similar information provided message does not change more frequently than once every ten (lO} seconds. Sign, freestanding. A nonmovable sign supported by a ~enc~, r~taining wall, or by ~pright structural members or braces on or in ~he ground and not attached to a building. Si~n height. The v~ftioal distanc~ from the street grade or the average lot gra~e at the required minimu~ ~rent setback line fo~ signs, whichever allows for the greater heights, to the highes~ point of the sign. Si~n, illuminated. A sign illuminated by artificial means either internally or externally and directed howards the sign. Si~n, outdoor advertising. A structure including billboards and painted walls, used as an outdoor display for the purpose of making anything known, the matter advertised or displayed not exclusively related tc the premises wh~re such sign is located or to which it is off,red. Sign, portable. Any sign n~t permanently affixed to the ground nor to a. building, which i~ designed or ~onstructed in such ~ manner that it can be moved or relocated wiuhou= involving any structural or support chan~es (including any sign attached to or displayed on a vehicle that is used for the express purpose of advertising a business establishment, product, or service, when hh~ v~hi¢le is parke~ so as to attract the attention of motoring or madam%tiaa traffic). Sign, pylon. A freestanding 8iqn {he% is supported by one (1) or mor~ moils Or posts o~ o~her uprights and where the S~ecial exception. A special use not permitted in district except by a special permit granted under the provisions cf this Chapter. Specified anatomical areas: Leas than complet~Iy and opaquely =overed human genitals, pubic region, buttock~ and 89~449 female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even i£ completely and opaquely covered. Specified sexual activities: ~uman genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and/or fondling or other erotic touching of human genitals, pubic region, buttock or female breast. Stacking Spaces. A queuing area for motorists who remain in their vehicle awaiting service at a drive-through facility er discharging or picking up passengers at other facilities, Stock farm. A parcel of land on which are kept one or more cows, sheep, goats Or horses or other farm animals, or more than twelve (1~2) chickens or other fowl, rabbits or other small domesticated livestock. Storage area, outside. Any area used to keep, but not limited to, equipment, aboveground storage tanks, supplies, vehicles for repair of body or engine damage or goods for sale whereby such materials remain outside on a continuing basis. Story. That portion of a building, other than a cellar or basement, extending from the surface of'any floor to the surface of the floor next above it, or if there be no floor above, then the portion of a building extending from the floor to the ceiling next above it. Story, half. That portion of a building immediately under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) Opposite exterior walls are not more than four (4) feet above the floor of the etory. Street. A dedicated public highway, street, avenue, boulevard, road, lane, alley or any public right cf way which affords the principal means of access to abutting property. In the case of an alley, it is only meant to afford a secondary means of vehicular access to abutting property. Street, center line. The center line of a street shall mean the center line thereof as shown in any of the official records of the County, or as established by the Transportation Department or by the Virginia Department of Transportation. If no such canton line has been established, the center line of a street shall be a line lying midway between the side lines of the right of way thereof. Street, collector. A road which provides both land access service and ~raffic circulation within residential neighborhoods and commercial and industrial areas; may penetrate residential neighborhoods; distributes trips from the major/minor arterial through an area to their ultimate destinations; and/or collects trafflo from local streets in residential neighborhoods and channels it to a major/minor arterial. The term "collector street" shall include, but not be limited to, collectors as shown on the General Plan. Street llne. The line between a lot, tract, or parcel of land and a continuous street. Street, local. A road which primarily permits direct access to abdttlng lands, and connects to collector streets and/or major/minor arterials, and does not normally accon%modate through traffic movements. Street, special access. A street which primarily accommodates vehicular movements in a designated area between commercial and/or industrial developments thereby minimizing the necessity for these movements to OCcur On other streets and/or arterials and limitinq the number of access points to 89-450 public right of way and/or eas*m~nt+ Structural alteration. Any chunge, requiring a building permit, in the ~upporti~ ~embers of a building or ~tr~ct~re, including bearing walls, columns, beams, girders or simila~ the roof of a building. Structure. Anything constructed or erected which has a something having a permanent location on the ground. Tourist hume. An establishment used for dwelling purposes in which less than b*n {10) room~ with or without meals, are o£~ered ta transien= guests for compensation. dwellings located or sited on individual lots designed to be by party wall~ without doors, win~ows, or other provisions for Transportation, muss. Station serving ruilroad tranepertation, ra~f~'--~-~f transit and bu~ and Travel trailer park. Premises used or intended to be u~ed, let, or rente~ to~ ~or occupancy by two {2) or more campers, travel trailers, tents or facilities similar thereto, a ChasSiS a~d ~esigue~ ~o b~ used for temporary occupancy for pe~aD~nt iden~ifioution "Truvel Trailer" thereon} and when gross weight does not exceed 4,50O pounds, or being of weight provide~ its overall length does not exceed thirty-two ($2! feet. Use. The purpose for which lund or a building thereon is muintained. Use, accessory. A uss that is incidental to the principal Use, ~e~mitted. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements and regulations Of such dis~rict. ~S3 principal. The main use of land Or buildings as U~ trailer. A vehicular structure built on a cha~i~ and d~signe~ to b~ used by ~he individual for per~onal hauling. this Chapter regulating the size or area of s lot or parcel of structure wken ~hs strict application of thi~ Chapter would generally by other properties, and provided such Vuriance is not ¢oA%rary to =he intended spirit and purpose of this Chapter and would result in substantial justice being done. 89-451 Vetarinary heepital. A building or group of buildings providing surgical or medical treatment to animals, and having facilities for cvernlght care. Warehousing, wholesaling houses and distributors. A non-retail service establishment for the handling of articles or goods. Yard. An open space at grade or between a building Or structure and th~ adjoining lot line unoccupied and unobstructed by any portion of a building or structure from the ground upward. Yard, front. A yard extending across the front of a lot between the front lot line and the nearest line of the main building. Yard, rear. A yard extending across the rear of a lot between the rear line of the lot and the nearest line of the rear of the main building. Yard, side. A yard lying between the side lot line of the lot and the nearest line of the side of the main building from the front yard to the rear yard. Yard measurement. In measuring a yard, the line of a building shall be deemed to mean a line parallel to the nearest lot line drawn through the point of a building or the point of a group of buildings nearest to such lot line, and the measurement shall be taken at right angles from the line of the building to the nearest lot line. If a future width line is established by the provisions of this Chapter for any street bounding the lot, then such measurement shall be taken fro~ the line of the building to such future width line. Yard, privacy. A small area contiguous to a building and enclosed on at least two (2) sides by either a wall or fence of six (6) feet minimum height. Yard sale. A sale, not more than two (2) days in duration, of personal property owned by the seller and usual to a household. Such sale is conducted by the owner or lessee of the property on which it occurs. Such sale does not occur on the same property more than four (4) times in any one (1) calendar year and not more than twice within a thirty (30) day period. The word "yard sale" includes garage sale, lawn sale, attic sale, rummage sale, or any similar casual sale of tangible property which is advertised by any means whereby the public at large is or can be made aware of said sale. Chapter 21 is hereby amended and reenacted as Division 2. Conditional Uses Sec. 21-34. Generally. (4) Procedural requirements: The following procedure shall be adhered to by the applicant for any planned development: c. Final plans. Final plans shall be final plats for property within the planned development to be subdivided. Final plans for land not to be subdivided shall be site plans as required in division 12 of this article. Final plans shall be submitted to the director of planning who shall approve them if he determines such plans are in accordance with an approved schematic plan and all applicable ordinances. If the final plans are not in accordance with a schematic plan, then the director of planning shall refer the final plan to the planning commission. If the cer~mission finds the final plan not to be in accordance with the same schematic plan, the 89-452 schematic plan shall be amended by the commission~ er the final plan ~ha~l hQ Made to be in accordance with the schematic plan before the final plan skall be approved. d. Land added Or ~oved after master plan approval. If land a=ea is to be added to or removed from a planned development after a master plan has b~n approved, the area to be added or removed shall be considered ~nder a scparat~ conditional USe application. If an area is approved to be added to or removed from a planned development, the me~te~ plan for the original d~v~lopment shall thereafter include the area added t~eretu or removed therefrom. e. , O~en ~paoe~_ The heard of ~up~rvisors or the planning CQ~i~S~On may require any reasonable method %0 g~arantes that open Spaces provided as an integral part of the planned development shall always remain available =o tho~e people for whom they were designed to serve and that such open spaces shall be reasonably maintained. ~ee. ~1-67.I through 21-67.10, Reserve. Division 11.2. Corridor Overlay District S~e. 21-67.20. Access and Internal Circulation. For access and internal ciYe~lation requirements see Chapter 21.1, krtiule ?. Division 12, site Plans and Schematic Plans see. ~1-68. ~pplieation. For sits schematic and site plan review process ~s Cha~ter 21.1, Article 9. S~c. 21-69. through Sec. 21-77 Article X. R-T~ Residential - Townhouae District sec. 21-109. Permitted uses--By right. The following use~ ~hall be p~rmitted by right in the District: $~c. 21-113. Required conditions. (b) The following =endi=ions ehalI be met in the District except as specified in Section ]1-11~,I (13) Recreational and area required. An area conveniently accessible :o and included within the development of net les~ than ten percent cf the gross a=reage shall be pro~ided for suitable rserea~ional use by the Occupants, and in no e~ent shall be less than one and one-half acres be provide~. Recreational facilities, including active and pa~sive recreation and conununity buildings shall be provided, as deemed ap~reprlate ~uring s~te plan approval, Issuance of occupancy permits fur townhcuses shall be in conjunction witk the phasing of recreational facilities in accordance with the approved plan of development. Article XXII. R-MF R~siden=ial - Multifamily District Sec. 21-196. Permitted uses--ay right. The following uses shall be permitted by right dn the District: Multiple-family dwellings. Sec. 21-200. Required Conditional (b) The following development standards shall be met in the R-MF District except as specified in Sec. 21-200.l. (10) Compatibility with adjacent properties. Compatibility between any multiple family project and adjacent properties shall be insured by providing a buffer area. C. Property for which a' r~zoning application is filed with the County after the effective date of this ordinance shall be governed by the provision of Chapter 21.1. D. All property zoned 0, B or M on the effective date of this ordinance, or after such date if a rezoning application was filed with the County prior to the effective date of this ordinance, may be developed in accordance with Chapter 21. (2) That this ordinance shall be effective on the date of adoption by the Board of Supervisors. Vote: Unanimous ~SEE MINUTES OF AUGUST 23, 1989 FOR CQRR~CTIONS TO ZONING ORDINA~f It was generally agreed to recess for five (5) minutes. Reconvening: Mr. Mayes requested Item 13.B.l., Set Public Bearing Date Consider Thoroughfare Plan for Chesterfield County, be taken out of sequence as the hour was late and there were a considerable number of residents present who had been waiting a lengthy period of time. On motion of Mr. Mayee, seconded by Mr. Daniel, the Board suspended its rules to consider allowing Item 13.B.l., Set Public Bearing Date to Consider Thoroughfare Plan for Chesterfield County, to be heard out of sequence. Vote: Unanimous On motion cf Mr. Maye$, seconded by Mr. Daniel, the Board moved Item 13.H.l., Set Public Hearing Date to Coneider Thoroughfare Plan for Chesterfield County, to be heard prior to Item 11., Deferred Items, as listed on the agenda. Vote: Unanimous 13.H.1. TO CONSIDER THOROUGHFARE PLAN FOR CHESTERFIELD COUNTY There was discussion relative to remandinq the Thoroughfare Plan to the Planning Commission for further consideration of three alternatives for the east-west corridor through property in the Matoaca District in the Taylor Road/Bundle Road areas, Mr. Mayes made a motion, seconded by Mr. Daniel, to remand the Thoroughfare Plan for Chesterfield County tO the Planninq Commission for further review of alternatives for the east-west corridor through property in the Matoaca District in the Taylor Road/Bundle Road areas. Discussion and comments ensued relative to specific instruc- tions to be conveyed to the Planning Commission; clarification as to which portion of the Plan was to be remanded to the Planning Commission; whether or not resolution of the east-west corridor freeway in the Taylor Road/Bundle Road area would 89-454 S~C.21.1 impact ~he entire Plan; that the remaining portion of the Thoroughfare Plan be considered.at this time rather than being remanded to the Planning Commission; etc. Mr. Curtis stated he ie currently working with eitisens in his District to address their concerns regarding the Hopkinn Road Extension portico of the Plan and anticipates resolving tho~e concerns prior to the scheduled public hearing date. ~e added, however, that if had been unable to resolve those concerns by th= time th~ public hearing is scheduled, he would request a deferral until such time time as those concerns could be resolved. He state~ he was ready to qo forward with his portion of the Plan to set the public hearing date for May 10, 1989 would not permit sufficient time for the Planning Commission to r~view proposed alternatives Set the portion of the Plan ~elative tO the east-w~st corridor freeway in the Taylor Road/~undle Road area and forward a re¢oK~endetio~ to the Board of Sup~rviser$ for consideration and suggested that consideration be given to setting the date of June 14, 1989 which would pf0vfde sufficient time for the both Mr. Mayes' and Mr. Currin's concerns to be addressed/resolved. After further discussion, Er. Mayes amended h~e motion, seconded by Nr. Daniel, to remand to the Planning Commission for further review the portion of the Thoroughfare Plan relative to the east-west corridor through proper~y in the ~atoaca ~istrict in the Taylor Road/Bundle Road areas; and further, met the date of Jun~ 14, 19~9, at 7;OO p.m. for a public hearin~ to consider the Thoroughfare Plan for Chesterfield County. Vote: Unanimous .11. D~P~R~D ITEMS ll.B. TO CONSIDER THE PROPOSED FYi9-90 BUDGET AND 1990-1994 CAPITAL IM~ROUF3~ENTS PROGR~ Mr. S~egmale~ di~tribute~ data relative to the proposed ~¥~9-90 $1,300,400 in additional operating ~xp~ndltures; and $409,500 appro%imately $381,558,500. Mr. Applega%e referenced and distributed copie~ of information provided by the School Board in response to questions from the Beard of SupErvisors regarding the County's reduction analys~s of the School Board budget as discussed during the earlier work Discussion ensued r~lative to the n~ed by the School Division for thirty additionnl aides for duty-free lunch assignm~n~, the n~ed for gui~anoe counselors, the County proDection for a reduction of student enrollment at the high $ch©ol l~vel as Opposed to th~ School System's projection and iks impact potential funding resources, ~upport fox ~upplemental funding for the school System if there were a demonstrated need caused by the County's projection of student eArollment being than the projection of the School SUperintendent, etc. It was g~nerally agreed that ii enrollment wa~ more than projected tha~ the Board would consider additional funding. Doard, resolved that the Board adopt ~he FY89=90 Operating Budget {General and all other funds}, as amended, with $837,550 in total r~venuo increases; $872,0~0 in reductions to 89-455 expenditures; $1,300,400 in additional Operating expenditures; and $409,500 increase to the Fund Balance, for a budget totalling approximately $381,558,500. Mr. Sullivan pointed out that of the total School fund of $192 million, staff wa~ within .8 of the requested amount which seems very close. Be stated that he supperted approval in light of the fact that he and Mr. Currin had suggested advertising a tax increase in addition to the five (5) cents increase which was not considered and that there is no other option without that tax increase. The Board being polled, the vote was as follows: Mr. Sullivan: Aye. Mr. Currin: Aye.. Mr. Mayes: Aye. Mr. Daniel: Aye. Mr. Applegate: Aye. On motion of the Board, it was resolved that the Board adopt the FY1990-1994 County Capital Improvements Program in the amount of $110,883,500, as amended, with $33,682,300 being defined as the amount available for bond funding in 1994 for Schools. (It is noted the Utilities Capital Improvements Program for FY1990-1994 was not included.) The Board being polled, the vote was as follows: Mr. Sullivan: Aye. Mr. Currin: Aye. Mr. Mayes: Aye. Mr. Daniel: Aye. Mr. Applegate: Aye. ll.C. TO CONSIDER AN ORDINANCE ESTABLISHING THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF PROPERTY On motion of the Board, the following ordinance was adopted: AN ORDINANCE TO ESTABLISH Tt~ ANnUaL TH LEVX ON vARiOUS CLASSES OF PROPERTY FOR THE COUNTy OFC~ESTERFIELD BE IT ORDAINED by the Hoard of Supervisors of the County of Chesterfield that for the year beginning on the first day of January, 1989, and ending on the thirty~first day of December, 1989, the taxes on property in all the Magisterial Districts of the County of Chesterfield shall be as follows: Sec. 1. Real Property and Mobile Homes. On tracts of land, lots or improvements thereon and on mobile homes the tax shall be $1.09 on every $100 of a~e~ed value thereof. Sec. 2. Personal Property. (a) On aut~obiles, trailers, boats, boat trailers, ether motor vehicles and on all tangible personal property used or held in connection with any mining, manufacturing or other business, trade, oceupation or profession, including furnish- ings, furniture and appliances in rental units, the tax shall be $3.60 on every $100 of the assessed value thereof. (b) On aircraft as defined by Section 58.1-3503 and -3506 of the Code of Virginia, 19~0, as amended, the tax shall be $1.10 on every $100 o~ the assessed value thereof. Sec. 3. Public Service Corporation Property. 89-456 (a) On that portion of real estate and tangible personal property of public service oorporatleas which has been equalized aa provided in Section 58.t-2684 of [hQ Code of Virginia, 1950, as amended, the tax shall be $1.09 on every $1Q0 of the assessed valne thereof determined by the State Corporation CommissiOn. (~) The fore,clog subsections to the contrary notwith- ~tandingr on au~omobile~ and trucks belonging to such public service corporations T~ha tax shall be $3.60 on every $100 cf essezzed value thereof. Sec. 4. Machiner~ and Tools. On machinery and ~ool~ n~ed in a manufacturin~ Or mining ~usiness the tax ~hall bs $1.00 on every $100 aase~ed value thereof. · he Board being polled, the vote was as follows: M~. Sullivan: Aye. Mr. Currin: Aye. Mr. Mayas: Aye. Mr. Daniel: Aye. Mr. Applegate: Aye. ll.D. TO CONSIDER AN AMENDMENT TO SECTIONS 20-34~ 20-37, 20-6~ AND 20-69 O? T~E COUNTY CODE TO INCP~A$~ VARIOUS WATER AND SEWER RATES It wa~ noted that copiem of revi~d Item ll.D., To Consider an ~mendment ~o $~ctions 20-34, 20-~7, 20-~ and 20-69 of the County Code to Increaa~ Va~ione ~ater and Sewer Rates~ were distributed ~o the Board. On motion of ~$. Daniel, seconded Dy ~r. Currin~ The Board adopted khe following ordinance, with rates and capital p~ojeets consistent with Category lb level of fundin~ and including %he reco~m]endations presented at the work ess~ion: 20-23 Effective Date cf Service Charq~ The service charges for water and wastewa=er shall apply to all ~ervi~e rendered after May 1, 1999 20-34 Water Connection The connection fee for w~ter in the County shall he the capital cost recovery charge p4u~ the me%ss installation charge bas~ on the meter size and type of installation in accordance with the followin~ schedules. 89-4~7 (a) Customer Class Dwelling, Single Family, Including Townhouses Dwelling, Two Family Dwelling, Multiple Family (per unit) Individual Trailers or per Trailer Unit in a Park (**) All Other Customer Classes: Meter Size (Inches) sis The Capital Recovery Charges shall be as follows: Recommended Number Capital of ERU~ Recovery Per Unit Charge 1.00 1,877 5/8 1.00 1,877 0.85 1,595 0.85 1,595 5/8 1.00 1,877 1 2.50 4,693 1-1/2 5.00 9,385 2 8.00 15,016 3 16.00 30,032 4 25.00 46,925 6 50.00 93,850 8 80.00 150,160 10 115.00 215,855 12 155.00 290,935 Above 12 inches - to be negotiated at the time of application based upon ERU's. ~er unit for a dwelling with a 5/8-inch meter. Dwellings served by larger size meters pay in accordance with the schedule shown for Ail Other Customer Classes. See Chapter 21 for definition. ** Per unit, the per unit charge is based on .85 at the 5/8" meter charge. See Chapter 21 for definition. (b) The meter installation charges shall be as follows: (1) Service Lines (without meter) 5/8" $ 395 1" $ 550 1-1/2" $ 770 2" $ 840 (2) Meters 0nly (without service line) 5/8" $ 35.00 1"' $ 90.00 1-1/2" $205.00 2" Meter $260.00 (c) For all installations not specifically covered in {b) above, the charge shall be the cost of the installation plus 25%. 20-37 Water Rates. In all ca~e~ not covered by contract made by the Board of Supervisors prior to July 1, 1977 the consumer shall pay charges in accordance with the following ~chedule$: 89-458 (a) Monthly Serv±¢e Charges The monthly service charges shall b~ as follows: Customer Costs Charge: ~1.90 per account per month Commodity Costs Charge= $0.86 per hundr%d oubic feet (Ccf) Capacity Co~t Charge~ Dwelling, Singl~ Family, Includlug Townhou~es Dwelling~ Two Family (*) Dwelling, Multiple Family Trailers (per unit] (**} All. Other Customer Cla~se~: (Inches) (~) ?er unit ~umber MoDthly Of ERUs CaDacity Per Unit Cost Charge $2.02 1.OO 2.02 0.85 1.72 ~.85 1.72 1 2.50 5.05 1-1/4 3.60 7.27 1-1/2 5.00 lO.lO 2 8.00 16.1~ 3 %6.00 4 25.00 50.50 6 ~0.00 101.O0 8 ~O.OO 10 1t~.00 232.30 12 155.00 fur a dwelling residence with a §/8-inch meter. Dwellings served by larger ~%ze ~eters pay in accordance with th~ schedule shown for all Other Customer Classes. See Chapter 21 for definition. ~r unit, the par unit charge i~ based on ,85 of the 5/8" ~eter charge. See Chapter 21 for definition. 89-4~9 (b) Ancillary Charges Type Char~ (1) Portable Water Motet Deposit $550.00 (2) Bacteriological Test (each) $13.00 Meter Testing Charges (a) 5/8 inch $30.00 (b) 1 inch $30.00 (c) 1 1/2 inch $40.00 (d) 2 inch $40.00 (e) Sizes larger that 2 incho$ Will be charged based on actual cost. (4) Account Initiation Charge $15.00 (5) Late Payment Charge 5% or $ 1.50 minimum + l%/mo. $10.00 $25.00 (6) Bill Collection Prior to Disconnect (7) Service Reconnection Fee (includes 6 above) (8) Meter Reinstallation Charge $50,00 (9) Temporary Meter Disconnect Fee - Customer cost charge plus capacity costs charge each billing period, plus Service Reconnection Fee (c) When a connection fee has been paid, the shall pay the applicable monthly service charges and ancillary charges from that date forward. 20-68 Wastswater Connection Charges~, The connection fee for wastewater in the county shall be as follows: (a) Existing residence already having a septic tank installed by the developer of the lot, $3,600. 89-460 For all other cla~ses, the Connection fee ~h&ll be the Capital Cost Recovery Charge based on the watex meter size a~ li~ted below. Cost Customer Class Dwelling, Sinqle Pamily~ ~ncluding Townhousee Dwelling, Two Family Dwelling, Multiple F~ily Individual Trailers or per Trailer Unit in a Park All Other Customer Classes: 20-69 Meter Size (Inches} 5/8" Reco~e~ded Number Capital Per Unit Charge 1.00 $2,180 1.00 2,180 0.85 1,~53 5/8 1.0~ I 2.50 5,450 1-]/2 5.00 10,900 2 ~O0 17,440 3 16.00 34,880 4 25.00 54,500 6 50.00 109,000 8 80.00 174,400 10 115.00 12 155.60 337,900 Above 12 inches - to be neqotiated application based on projected =RU's Per unit for a dwelling with a 5/8~inch me=er. Dwel- lings served by larger sis= meters pay in accordance with the ~eh~dule ~hown fez All Other Cu~omer Classes. See Chap%e~ 21 for definition. Per unit, the per unit charge is based cn .~5 of the 5/8" meter charge. See Chap=er 2~ for definition. FOr any dwelling or lot where wastewa~er service i~ available but no lateral has baen constructed to s~rve the property, the connection fee will be reduced by $8U0.00 from the fee shown in (a) above. The responsibility to construct a lateral will b~ that cf the applicant. er property other than res±~ential a~ listed in item (a) shall be the responsibility of tAe ~8er. W~stewate~ Charges. All consumers BhaS1 pay all applicable charges as follcw~: (a) Monthly Service Charges: The monthly service charges shall be as follows: Customer Costs Charge: $1.90 per account per month (*) Uniform Volume Charge: $1.04 per hundred cubic feet (Cci) Capacity Co,ts Charges; Number Meter Size of ERUs Customer Class (Inches) Per Unit Recommended Monthly Capacity Cost Charge Dwelling, Single Family, (**} Including Townhouses Dwelling, Two Family (**) Dwelling, Multiple Family (***) Trailers (per unit) (***) Ail Other Customer Classes: 5/8 1.00 $7.03 5/8 1.00 7.03 0.85 5.98 0.85 5.98 5/8 and 3/4 1.0O 7.03 1 2.50 17.58 1-1/4 3.60 25.31 1-1/2 5.00 35.15 2 8.00 56.24 3 16.00 112.48 4 25.00 175.75 6 50.00 351.50 8 80.00 562.40 10 115.00 808.45 12 155.00 1,089.65 (*) For wastewater-only service account. (**) ~r unit for a dwelling with a 5/8-inch meter. Dwelling~ ~erved by larger size meters pay in accordance with the schedule shown for all Other Customer Classes, except where virtual meter size policies apply. See Chapter 21 for definition. (***)Per unit, the per unit charge is based on .85 of the 5/8" meter charge. See chapter 21 for definition. 89-462 Ancillary charges (1) ~trong Waste Surcharge (See Chapter IV, (3) 20-106) hOD Surcharge (%) ~ (~OD-240) (62.4~V) ($0.214) 1,000~000 SS Surcharge (*) = (ss-240) (62.4xv) ($0.090) 1,000,000 BOD = Biochemical o~y~en demand in parte per million of e_he industrial waste. SS ~ Suspended solfd~ in parts per million of %h~ industrial waste. v = volume cf the industrial waste in cubic fe~t. Account Initiation Charge (~) $1~.00 Lafe Payment Charge 5% or $1.~0 (4) Bill Csllec~iun to Disconnect minimu~ + l%/mo. $10.00 Charge only applio~ when =~t=ulaticns result in a positive number. (*~} Applies to a~count~ having wa~tewat~r service (c) Where residential premises are connected to the county waetewater system but not the county water system, the service chargo shall be $18.29per month; Eot all other users, the eon~u3~ef will be required eo install a privah~ m~ter at hie expense and the service charge will be ba~ed en the meter reading or at th~ ~ole 4is~r~ticn of the utilltlss depart~ent, a monthly ~ervice charge will he set. The location, size an~ manufacturer of =he m~ter ~hall be as appTo~ed by the utilities department. (d} When a connection fee has been paid tbs cc~su~er ehall pay the applicable monthly servlca charges from that dat~ forward. shall, in addition to the monthly u~r charge, pay a ~urcharge to cover the cost of treating excessive strength waste or pollutants as provided in Article III & IV of this chapter. (f} The consu~r shall be liable for the paymen~ of all charges ma~e for service rendered. Liability for application for discontinuance of service to the utilities department. 20-34 an~ 20-68 shell be e~fectfve July 1, 1989. The So~r~ being polled, the vote was as follows: Nr. Sullivan: Aye. Mr. Currin: Aye. Mr. Mayas: Aye. Mr. Daniel: Aye. Mr. Applegate: Aye. 89-463 ll.E. TO CONSIDER AN ORDINANCE TO RETAIN OR REDUCE TEE CURRENT CONSUMER UTILITIES TAX RATES UNDER SECTIONS 8-52, 8-53 AND 8-53.1 OF THE COUNTY CODE mr. Daniel informed the Beard that his employer, Philip Morris, Inc., is one of the larger electrical utility users in the County affected by the proposed ordinance, declared a possible conflict of interest pursuant to the Virginia Comprehensive Conflict of Interest Act and stated he did not intend to vote on this matter. On motion of Mr. Sullivan, seconded by Mr. Currin, the Board adopted the following ordinance: AN ORDINANCE TO AMENDARTICnR 12 OF C~-P"TER 8 OF THE CODE OF THE COUNTY OF CHESTERFIELDt 197~t AS~NDED, HEI~qTINGTOCONSUMER~TILITIES T~2~ES For similar state law, see Sections 58.1-3812 and 58.1-3814 of the Cede of Virginia, 1950, as amended. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 8 of the Code of the County of Chester- field, Virginia, is amended and reenacted by amending Sections 8-51, 8-52 and 8-53 of Article X and by adding Section 8-53.1 to Article 5: Sec. 8-51. Definitions. The following words and phrases when used in this article in relation to consumer utility taxes, shall, for the purpose of this article, have the following respective meanings except where the context clearly indicates a different meaning: Utility services. Local exchange telephone service, electric power service and gas service furnished within the limits of the County. Sec. 8-52. Amonnt of tax on telephone utility service. There is hereby imposed and levied by the County upon each and every consumer of telephone utility service a tax on the service charge made by the seller against the consLuner with respect to the utility service. The tax shall be calculated as follows: Residential consumers: Twenty (20) percent of the consumer's mont/%ly billing from the seller, not to exceed $2.00. Commercial or industrial consumers: Ten (10) percent of the first $200 plus one (1) percent of the amount between $201 and $10,000 plus one-half (1/2) percent of the balance of the consumer's monthly billing from the seller. The tax shall be paid by the consumer to the seller, for the use of the County, at the time the billing submitted by the seller shall become due and payable under the agreement between the consumer and seller. Sec 8-53. Amount of tax on electric power service. There is hereby imposed and levied by the County upon each and every consumer of electric utility service a tax made by the seller against the consumer with respect to the utility service. The tax shall be calculated as 89-464 Residential ¢o~sumer~ Twenty (2~) percent of the consumer's monthly ~illing from the ~ellerl Do~ to exceed $2.00. Commercial or industrial consumers: Ten (ID) percent between $201 and $10,000 plu~ one-half (1/21 percent of th@ balance of the consumer's monthly billing fxom the ~eller. The tax shall be paid by th~ con~t%mer to the ~eller, for the use Of the County, a~ ~h~ time ~he bill,hq ~ubmitted by the seller ~halt become due and payable under khe agreement between %he consume~ and ssl!er. Sec. $-53.t. Amount of Lax on g~.~ ~crviee. There is hereby impo~cd an~ levied ~y the County upon and every consumer of gas utility service a tax on th~ charge made by the seller against the oo~s=~er With respect to the utility service. The tax shall be calculated as fo~lown~ Residential consumers: Twenty 120) p~re~n% of the consumer's monthly billing from the seller, not to exceed Commercial or industrial consumers: Ten (10) percent of the first $200 plus one (1) percen~ of th~ ~T~ount between $201 and $10,000 plus one-half (1/2) per=ant cf the balance of the consumer's monthly billing from the Thc tax shell be paid by the consu~er to :he seller, for the use o~ the County~ at th~ time the billinq ~ubmit%ed by the seller shall become due and payable unde~ tat agr=ement between the co~9~er and seller. (2) The tax levied and ~po~ed under this ordinance shall become effe~tiv~ ~ugus~ 1, 198~, upon ~ixty (~0) notice by ee~tified mail to ~ registers~ agent ~f ~ach seller required to collect cons~r utility Abstention: Mr. Daniel~ ll.F, TO CO~$IDE~ AN ORDINANCE TO AMEND SECTIONS 21-9 AND 21-77 OF THE COUNTY CODE TO INCREASE P~E~' FOR T~E FILING OF APPLICATIONS AND TO ELIMINATE CURRENT FROM SITE P~N FILING FEE On motion of Mr. Daniel, seconded by ~r. Sullivan, the adopted the followln~ ordinance~ /EN ORD~N~E ~O AMEND $~TION~ 2I-9 ~ 21-77 OF '~ P~ FILING F~ BE IT O~AINED by the Board of Sup~vi~or~ of Chesterfield County: (1) That S~c~ion~ 2~-9 and 21-77 c~ the Cod~ of the County of Che~Sarfield, 1978, as ~s~ded, are amendod and ~ec. 21-9. Pee$ for Eearin~s. The cos~ of each hearing requested pursuant tc the provi- sions of %hi~ chapter~ includin~ adverti~emen~ whe~ rmqulr~d, shall be ae follows and shall be deposited simultaneously with the filing of the application or petition; (a) Zoning: · (1) Agricultural (A) ....... $370.00 Plust per acre ..... 10.00 (2) Residential (R-88, R40, R-25 R-15~ R-12, R-9~ R-7t R-TH, R-MF, MH-1, MH-2) ...... 645.00 Plus, per acre ..... 20.00 With conditional zoning 1,290.00 Plus, per acre ..... 65.00 (3) Commercial, office, industrial ......... 645.00 Plue, per acre ..... 50.00 With conditional zoning . . . 1,290.00 plus, per acre ..... 65.00 (b) Conditional uses and special exceptions: (1) Multiple family or two family ........... 2,070.00 Plus, per unit for each unit after the first two (2) units 20.00 (2} Mobile Homes: (a} New . ......... 545.00 (b) Renewal ........ 245.00 (3) Planned development: (a) New .......... 3,070.00 Plus, per acre .... 65.00 Or: Per multi-f~mily or duplex dwelling unit after the first two (2) units . . 20.00 (b) Amend condition of Planned Development ...... 745.00 (each occasion) (4) All others ......... 470.00 Plus, per acre .... 55.00 (c) Va~iance~ .......... '. 570.00 (d) Appeal to deeisien of Director of Planning ............ 770.00 Sec. 21-77. Fees. o o o (a) In addition to any other fees required by the county, fees shall be paid to the county treasurer upon filing of a site plan as follows: o o o Ayes: Mr. Daniel, Mr. Mayes and Mr. Sullivan. Ney~: Mr. Appleqate and Mr. Currin. ll.G. TO CONSIDER AN ORDINANCE TO AMEND SECTION 14.1-21 OF THE COUNTY CODE TO INCREASE THE MOTOR VEHICLE LICENSE TAX ON TRUCI~S TO THE MAXIMUM PERMITTED BY THE COMMONWEALTH OF VIRGINIA 89-466 seconded by Mr. Sullivan, resolv=d thor the Roard adopt the following ordinanoe~ ~ OP~I~%~ ~O.~'m) ~CTION 14.1-21, CODE OF T~ ~ OF ~S~, 1978, ~ ~ED, TO ~E ~I~ LIC~ T~ON T~ BE IT O~AINED by the Board of Supervisors of Chesterfield County: (1) That Section 14.1-21 of ~e Code of th~ County Chesterfield, 1978~ as amended, is ~anded and r~enaeted as follows= (a) On ~ch and every truck not designed and used for the transportation of passengers, and not exempt from taxation as otherwise herein provided, the license fax ~hall be ae follow~ With gross weight of 4,000 pounds or le~ 20.00 witk gross weight of 4,001 poundD to 6,5g0 pounds .............. 25.00 With gross weight of 6,501 pound~ to 12,fl00 pounds ............ 30_00 With ~ross weight of l~,gOl pounds to 20,000 pounds ............ 35.00 Wi~h gro~ weigh~ of 20,001 pounds to 3~,800 pounds ............ 40.00 With gross wsighf of 30,001 and over . . . 45.00 CONSIDER A~ AR~ND~-~T TO TH~ 19S8-89 ~UDG~T TO APPROPRIATE $1,900,925.00 IN ADDITIONAL STAT~ FUNDS FOR EDUCATIOR There.waD a brief discussion relative to whether or net the School ~oard was obligated to Dpend ~he money as they voted in ~helr approved resolution or appropriate in any way they see fit once %he f~nding is received, etc. On motion of Mr. DanieI~ seconded by M~. Currln, the Board amended the 19~8-~9 School Budget and appropriated $1,900,925 of the minimum gain provision in add£tional State funds to the School Operating Eund =o uuver tbs items in the following categories: Instruction T~xtb~oks Administration Transportation Operation and Maintenance cost of one-time outlay Equipment Maintenance Contracts ~xpendable Equipment TOTAL $132,300 275,000 13,325 116,800 910,000 318,900 ~2~,000 89-467 ll.I. TO CONSIDER AN ORDINANCE TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS FROM DESIgNATeD ~STIMATED REVENUES FOR FISCAL YEAR 1990 FOR TEE OPERATING BUDGET AND CAPITAL IMPROVEMENTS PROGRA~ It wa~ noted the appropriation of anticipated FY90 bond funds was deleted from this ordinance and that a public hearing would be held at a later date prior te the appropriation of those funds. On motion of the Board, the following appropriation ordinance was adopted: AN ORDINANCE TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS FROM DESIGNATED ESTIMATED I~/~UES FOR F~90 FOR TN OPERATING BUDGET AND 'r~ CAPITAL IMPRO~S PROGRAM FOR TRE COUNTY OF C~ESTERFIRLD BE IT HEREBY ORDAINED by the Board of Supervisors of the County of Chesterfield: (1) That for the fiscal year beginning on the first day of July, 1989, and endinq on the thirtieth day of ~une, 1990, the following SeCtlon~ shall be adopted: Sec. 1 The following designated funds and accounts shall be appropriated from the designated estimated revenues to provide a capital improvements program for and to operate the Connty: General Fund Estimated Revenue: Prom Local Sources General Property Taxes Other Local Taxes Licenses, Permits, Fees Fines & Forfeiture~ Other Local Revenue From Other Agencies State, Federal & Other Localities Transfers & Reserves Connty Capital Improvements Fund Industrial Park Reserve V.P.S.A. Reserve Reserve Future Pay As you Go Capital Projects Anticipated Fund Balance 7/1/89 Total Revenue Appropriations: Board of Supervisors Clerk to the Eoard County AdministratOr's Office Budget & Management HumanResource Management County Attorney Legislative & Volunteer Services Management Services Administration General Services Information Systems Technoloqy Accounting Internal Audit Purchasing News & Information Servicer Commissioner of Revenue County Assessor License Inspector $126,005,600 37,454,400 6,146,600 796t600 6,707,500 34,500,600 380,600 162,600 800,000 2,119,900 15,453,400 $230~527,800 241,800 175,700 294,900 428,600 471,100 480,000 80,600 167,600 647,400 3,722,600 1,185,900 242,500 480,100 126,200 1,419,700 1,512,700 257,200 1,785,000 89-468 m m m Commonwealth's Attex~y Circuit Court General Dis=tic= Coot: ~DR Court Magistrate Circuit Court Clerk Law Library Police Department Fire Department Sheriff and Jail Communications Center Human Services Administration Social Services Mental Health/Manta! Retardation/ Substance Abuse E~alth Department Juvenile Detention Hems Probation Library Parks and Recreation Extension Servie~ County Fair Community Development Administration ~conomic Development Planning Department Transportation Building Inspection Engineering an~ Drainage Sanitation Registrar Buildings & Gronnd~ Street Lights and Roads Employee Welfare a Ben~fit~ u=ili=y Right-of-way Non-Departmental Capital Projects Debt Service Transfers Reserve For Debt Reserve, Future ~ay As You GO Capital PrOjects Fund Balance, 6/30/90 Total General Fund School Operat±nq Fnnd Estimated Revenues: From Other Agencies State and Federal Governme~ From =he Qenaral Fund Total Revenue Appropriations: School Adminietration Instruction, S=aff Support RupiI Transportation Federal Projects Total ~shool Operating Pond County Grant Fund 89-469 783,400 197,600 6,2~D 925,700 t6,000 16,963,800 14,629,100 4,242,900 1,1t5,180 141,000 4,611,5O0 6,663,600 1,627,700 1,128,7~0 34~600 3,000 3,002,9~8 202,3~0 27,500 308,200 981,200 302,900 1,997,100 1,~13,200 2,151,008 ~49,900 2,454,00~ 274,40~ 24,200 lt7OOrO00 11,903,900 10~306,200 2,~5S,700 203~000 4,001,400 14,207,200 $230,527,80~ 9,194,40~ 73,588,$5~ 106,415,00~ $191,636,00G t0,781~261 3,$30,570 7,79~,177 1,966~082 $,29~,91! 7;78~,900 20,673,899 1,407,50~ 104,943,984 Estimated Revenue: Prom the State & Federal Government From the General Fund Total Revenue Appropriations: Youth Services Victim/Witness Assistance Community Diversion Litter Grant Housing Grant Pretrial Release Total County Grant Fund County CIP FUnd Estimated Revenue: Interest Earnings Transfer from County Garage Transfer from Utilities Total Revenue Appropriations: Transfer to County General Fund County Capital Projects Total County CIP Fund vehicle and Communications Maintenance Estimated Revenue: Sales Retained Earnings Total Revenue Appropriations: County Garage & Motor Pool Two-Way Radio Transfer to County CIP Total vehicle andCommunications Maintenance Risk Management Fund Estimated Revenue: Service charges Transfer from General Fund Fund Equity 7/1/89 Total Revenue Appropriations: Risk Management Operations Premiums and Less Estimates Fund Equity 6/30/89 Total Risk Management Fund County Airport Fund ~stimated Revenue: Sales Use of Money and Property Transfer from General Fund Total Revenue Appropriations: Airport Total County Airport Fund County Mursinq Home Fund Estimated Revenue: Patient Care Services 89-470 685,700 72,900 $ 758,600 70,800 63,000 340,600 12,500 139,000 132,700 $ 758,600 519,200 225,000 200,000 $ 944,200 380,600 563,600 $ 944,200 3,044,400 225,000 $ 3,269,400 2,592,400 452,000 225,000 $ 3,269,400 1,882,600 200,000 2~841r300 $ 4,923,900 261,700 1,620,900 3,041,300 $ 4,923,900 727,600 385,900 50,000 1,163,500 1,163,500 1,163,500 4,804,480 Total REvenue Appropriations: Total County Nur~in~ Home Fund 570,000 101,100 $ 5,475,500 5,475t500 $ 5,475,800 Water Fund Capital Cost Recov~r~ Fees Appropriations~ Water Debt Transfer to Capital Projects Fund Trznsfer ~o County Capital Projects Fund Wastewater Servios Charges Capital CO~L Recovery Fees Other Revenue Appropriations: Wastewate= Opsrations Transfer to U=ility Capital Pro~eots Fund Transfer to County Capltal Projects Fund Addition to Improvement & Replacement Account Total Wastewater Fund $ Utility CapltalPro~ect~ - Water Construction Water Bond Interest Total Revenue Appropriatlons~ Water Capital Improvements Total Water Capital ImprOVements 10,~19,000 8,245,700 2,45~,100 3,89~,900 $ 25,111~700 10,270,900 2,702,800 12,038,000 100,000 13,097t200 9,000,900 4~264,100 $ 26,362,200 8,524¢700 5,426,600 10~434,000 1,875,900 118,000 12,038,000 12,156,000 I2~56,000 U~ilit¥ Capital P~0je0ts - Wastewat~r Construction Appropriations: Wast~water Capital Improvements see attached $cheduls for project listing. 1,620,000 I0,434,000 12,0~4,000 See. 2 Appropriations in addition to those contained in the general appropriation ordinance may be made by the ~oard only if there is available in the qeneral fund an unencumbered and unappropriated ~um ~ufflolent to meet such appropriations. Sec. 3 Except a~ ~et forth in Sections 7, 13 and 14, the County Administrator may, as provided h~rain, authorize th~ 89-471 transfer of any unencumbered balance or portion thereof from one classification of expenditure to another within the same department or agency. The County Administrator may transfer up to $15,000 from the unencumbered balance of the appropriation of one department or agency to another department or agency, including the contingency account encompassed in the Non- Departmental appropriation. No more than one transfer may be made for the sa/~e item causing the need for a transfer, unless the total a~ount to be transferred for the item does not exceed $15,000. Sec. 4 The County Administrator may increase appropriations for the following items of non-budgeted revenue that may occur during the fiscal year: a. Insurance recoveries received ~or damage to County vehicles or other property for which County funds have been expended to make repairs. b. Refunds or reimbursements made to the County for which the County has expended funds directly related to that refund or reimbursement. c. Any revenue source not to exceed $15,000. Sec. 5 (a) All outstanding encumbrances, both operating and capital, at June 30, 1989 shall be reappropriated to the 1989-90 fiscal year to the same depart/~ent and account for which they ars encumbered in the previous year. Sec. 5 (b) At the close of the fiscal year, all unencum- bered appropriations for budget items other then Capital Projects, grants, and donations restricted to specific purposes shall revert to the Fund Balance Available for Appropriation of the fund in which they are included. Sec. 6 Appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriations until the completion of the project or until the Board of Supervisors, by appropriate ordinance or resolution, changes or eliminates the appropriation. Upon completion of a capital project, staff is authorized to close out the project and transfer to the funding source any remaining balances. This section applies to appropriations for Capital Projects at June 30, 1989 and appropriations in the 1989-98 budget. Sec. 7 That the County Administrator may authorize the transfer of Utilities Capital Projects funds that are 20% or up to $100,000 of the original project cost, whichever is less, from any Utilities Capital Project to any othez project or to the balance of the water and wastewater construction funds. Sec. 8 That the approval by the Board of Supervisors of any grant of funds to the County constitutes the appropriation of both the revenue to be received from the grant and the County's expenditure required by the terms of the grant, if any. The appropriation of grant funds will not lapze at the end of the fiscal year, but shall remain appropriated until completion of the project or until the Board of Supervisors, by appropriate resolution, changes or eliminates the appropriation. Upon completion of a grant project, staff is authorized to close out the grant and transfer back to the funding source any remaining balances. Thiz appliez to appropriationz for grants outstand~ lng at June 30, 1989 and appropriations in the 1989-90 budget. Sec. 9 The County Administrator may appropriate both revenue and expenditure for donations made by citizens or citizen groups in support of County programs. Any remaining unencum- bered balance of a restricted donation at the end of the fiscal year will be reapprcpriated into the ~ubsequent fiscal year. ~9-472 Sec. l0 The Director of the Accounting Department is autho- rized to make transfers to th~ various funds for which there are transfers budgeted. The Director skall transfer fnn~ oDly existing bond resolutions that specify the manner in which Sec. 1t The Treasurer may advance monies to and from the various funds of th% Connt~ to allow maximun cash flo~ effi- ciency, The advances must no= violate county bond covenants or other l%qal ~estrietione t~at would prohibit an advance. See. 12 The County Administrator i~ authorized to make expenditures from the following Trust & Agency Funds for the specified reasons for which th~ funds were established. In no cass shall the expenditure exceed the available balance in the fund: a. Nursing Eome Patient'~ Fund b. M.W. ~urnett Em~Ioyee Award Fund c. Special ~elfars Fund d. T.F. Jeffress Memorial Fund e. C~unty Deferred Compensation Ri~k Management Depar~ent for use 2e kite addltlonal personnel the Salary Adjustment fonds to departments as needed for pay-for-performance co, ts in 1989-90. (2) That this ordinance shall become effectiv~ on JUly l, 1989 Vote= Unanimous 13. N~ BUSINESS t3.A. VIRGINIA PO~R CONP~J~Y CONTRACT (1988-19911 On motion of Mr. Currin, seeoDde~ Dy ~r. Daniel, the Board authorized the County Administrator ~o execute a ~e~ three (3) year power ~ervice contract with Virginia Power for the perio~ of July 1~ 1988 June 30, 1991, ~ith th~ new contract providing for a first year (July 1988 - ~une 1989) rednctien of 9.9% from rat~e in the e×pired cont,&ct and credit for overpayment retroactive to July 1, 1988 upon execution of the contract~ second and third year increases of 2.5~ and 2,4%, respectively; and selection of aoooun=s for billing under d~/~and rates where charges are ba~ed npon puak demand as they relate to Virginia Power's peak demands. 13.B. APPROPRIATION OF FUNDS FOR SOUTHSIDE t~GIONAL JAIL PLA~ING On motion of ~r. ~ayes, seconded by Mr. Daniel, the Boa~d ~ppropriated $19,000 as Chesterfield County's share of the total $50,000 oast for a study to initiate necessary planning to include site plan reviews, zoning~ utility requirements, soil conditions, transportation access end other programmatic concerns for e proposed south~id~ regiosa! jail, wi~h the ~enrse of funds for this appropriation being within cnrrent budqeted funds in the electric ~er~ice category due to a recent rats reduction by Virginia Power. ~9-473 13.C. EXTENSION OF TERM OF GRANT AGREEMENT BETWEEN COUNTY OF CHESTERFIELD AND THE COMMONWEALTH OF VIRGINIA CONCERNING AIRPORT PROJECT NO. T0007-01 On motion of Mr. Sullivan, seconded by Mr. Currin, the Board approved extension of the term of a grant agreement between the County of Chesterfield and the Commonwealth of virginia conceining Airport Project No. T0007-01 until April 30, 1989 to permit final reimbursement to the County in the amount of $734.75 and authorized the County Adaninistrator to execute amended Grant Agreement. (It is noted a copy of the amended agreement is filed with the papers of this Board.) Vote: Unanimous 13.D. AWARD OF CONTRACT FOR ENVIRONMENTAL PLANNING CONSULTANT SERVICES FOR COMMUNITY MENTAL HEALTH/MENTAL P~ETARDATIO~ AND SUBSTANCE ABUSE BUILDING On motion of Mr. Daniel, seconded by Mr. Currin, the Board awarded a contract for environmental planning consultant services design for the' new Mental Health/Mental Retardation and Substance Abuse building to Buffalo Organization for Social and Technological Innovation, Inc. (S0STI, Inc.) for a fixed cost of $48,000, which funding will come from bond project AUTHORIZE EXECUTION OF "SALE AND PURCHASE AGREEN~NT" TO ACQUIRE AN OWNERSHIP INTEREST IN THE GREATER RIC}iMOND TRANSIT COMPANY There was discussion regarding a reduction in the representation, the financial status of the corporation; the County's assumption of financial liabilities, assets and obligations, funding shortfalls, etc. if the corporation were to fail; future jurisdictional membership as provided under the conditions of agreement; whether or not there would be objection to deferring the matter for two weeks; honoring the good faith co~m~itment per mutual discussions of neighboring jurisdictions within the previous year; the rate structure as compared to the existing debt structure; etc. Mr. Currin and Mr. Sullivan expressed concern relative to the County's assumption of financial liabilities, assets and obligations, funding shortfalls, etc., if the corporation were to fail. On motion of Mr. Daniel, seconded by Mr. Meyes, %he Board authorized the Chairman of the Board to execute the "sale and Purchase Agreement" between Chesterfield County and the City of Richmond to acquire ownership interest in the Greater Richmond Transit Company, subject to approval of the closing documents as to form by the County Attorney and subject' to the following provisions: 1. Chesterfield and Richmond would each purchase an equal number of shares of GRTC stock for $50,000. Richmond's existing five shares of GRTC stock would be repurchased by GRTC for $543,110. 2. GRTC would be governed by a six-member Beard of Director~, three members appointed by ~ach governing body. The provisions of GRTC articles of incorporation and by-lawe could only be amended by approval of GRTC governing bodies. 89-474 Nays: GRTC. 4, The current as~et~ and liabilities of QRTC would be and all outstanding liability claims. 5. Each lucality could, by itself, mandate the =reation of routes within its jurisdiction so long a~ the locality contractually agrees to pay the cost of that service which mileage cost is approximately $3.00 per mile with $1.60 of the cost being covered by fares and $1.48 being covered by ~uh~idies. by fare revenue and rOUte subsidies. Each locality would 7. With the agreement of Richmond and Chesterfield, Benrico join, the structure of GRTC w0ula be ebange~ to provide ~r. Currin and ~r. sullivan. 13.F. APPOINTMENTS - CAMP BAKER 5[~/~AG~MENT DOA~D On motion of Mr. Daniel, seconded by ~r. C~rrin, the Board nominated Mr. Alfred P. Elkc to serve the unexpired, term of Mr. Robert D. Collier on the Camp Baker Management Board, whose formal appoin~ent will be made at the April 26, 1989 meeting. LIGHT INSTALLATION COST APPROVAL On motion of Mr. Daniel, seconded by Mr. Mayas, the Board approved the cost ~or a streetlight installation in the amount of $1,139.07 at Paddock Grove Ceur: and $~able Gate Road, with funds in the amount of $1,032.60 f~om the Dale District Street Light Fund and the amount of $107.~7 being expended from the Dale District Three Cen~ Road Fund. i~,G.~. STZEET LIGHT REQUEBT On ~otion of Mr. Daniel, seconded by Mr, Mayas, the Board approved a street light request at the int~rsectio~ of Ceurtheuas ~ead and ~atesdale Drive, with fundinq to ~a expended from the Dale District Street Light Fund effective July l, 1989. 13.G.3. RICHMOND REGIONAL PLANNING DISTRICT COMMISSION $9-475 WHEP~AS, representation On the Richmond Regional Planning District Commission is ba~ed on a member jurisdiction's population; and WHERF~AS, Chesterfield County's population in May, 19~9 will entitle it to an additional elected representative being named to the Richmond Regional Planning District Commission; and WHEREAS, Chesterfield County has been strongly supportive of and has exercised leadership in the Richmond Regional Planning District Commission. NOW, THEREFORE BF IT RESOLVED, that the Chesterfield County Board of Supervisors is formally requesting additional representation based upon a County population in excess of 201,800. Mr. Daniel requested that a copy of the approved resolution be prepared for delivery to the Richmond Regional Planning District Conhmission the following day. 13.G.4. KINGSLAND ROAD/SALEM CHURCH ROAD SAFETY IMPROVEMENTS On motion of the Board, the following resolution was adopted: WHEREAS, numerous accidents have occurred along Kingsland Road and at the Kingsland Road/Salem Church Road intersection; and WHEREAS, the County has previously requested the Virginia Department of Transportation (VDOT) to make improvements to these roads; and WHeReAS, VDOT has installed additional signing end pavement markings at the Kingsland Road/Salem Church Road intersection; and WHEREAS, accidents continue to occur along these roads. NOW, THEREFORE, BE IT RESOLVED, that the Board requests VDOT to install additional warning signs along Kingsland Road and warning lights at the ~ingsland Road/Salem Church Road intersection. Vote: Unanimous 13.H. S~T DATES FOR PUBLIC HEARINGS 13.H.2. TO CONSIDER RESTRICTION OF THROUGH TRUCK TRAFFIC ON RUFFIN MILL ROAD After a brief discussion, it was on motion of Mr. Currin, seconded by Mr, Daniel, resolved that the Board defer setting a public hearing date to consider restriction of through truck traffic on Ruffin Mill Road until May 10, 1989. 13.H.3. TO CONSIDER TWO REFERENDUM QUFSTIONS TO AMEND THE CHESTERFIELD COUNTY CBART=R On motion of Mr. Daniel, seconded by Mr. Mayes, the Board set the daEe of June 14, 1989, at 7:00 p.m., for a public hearing to con~ider two referendllm questions to amend the Chesterfield County Charter relative to impact fees and cash proffers. 89-476 There was discussion relative to a meeting with the County's Legislative Delegation to discuss th~ proposed Charter a~ndments, that additional information and/or clarification concerning the ramifications of th~ proposed amon~/~eats relative to impact fees and cash proffers was necessary, that the matter be deferred until ~ay 10, I9~9 $O that such information/clarification could be provided, etc. It was generally agreed that not only should the matter bs discussed with the Legislative Delegation but that an invitation to attend the public hearing should alee be extended ~o ~he Delegation. Mr. Mayes made a substitute ~otion~ seconded by Mr. Daniel, that th~ Board defer consideration of setting ~he date for a public hearing to consider two referendum questions to amend the Chesterfield County Charter ~ntil May 10, 1989. Vote: Unanimous 13.H.4. TO CONSIDER CONVEYANCE OF PARCEL IN AIRPORT INDUSTRIAL PARK TO MARUCEAE VIRGINIA, INC. AND AUT~0RI~E EBAL ESTATE CONTP~KCT On ~otion of Mr. $~lliv&n~ seconded by Mr. Coffin, the Board s~t the date of April ~6, 19~9, a~ 9:00 a.m., for 'a public hearing to coneideE the conveyance of a parcel in the Airport Industrial Park to Maruchan ¥irginia, Inc. and to authorize the County Administrator to e×sente the necessary documents to enter into a real estate con~ract for said conveyance. Vote: Tnanlmeus 13.I. CONSENT ITEMS 13.I.1. APPROVAL OF R~SOLUTION R~QU~STIN~ G~L%~T FUNDS FOE DUTCH adopted the following resolutlon= operated by the Virginia Department of Game and Inland Fisheries and the CQ~ty of Chesterfield as a ~oating access facility on the J~u~es River s~rving the residents of Chesterfield County and adjoining jurisdictions; an~ WH~RF~%S, tbs ~a¢iii~y is in need of impro~ement~ to th~ James River; and WK~R~AS, lengthy delays and traffic back-up~ have from ~wo (2) e~isting rar~ps$ and Fisheries is preparing to upgrade the two (~) ~xi~ti~g ramps at additional boat ramps and improvements at th~ Dutch Gap Boat ~9-~77 ALLOCATION 0P FUNDS FOR TSE PURCHASE OF PLAYGROUND EQUIPMENT AT SWIFT CREEK ~tF~NTARY SCNOOL On motion of Mr. Sullivan, seconded by Mr. Currin, the Board transferred $1,500 from the Clover Rill District Three Cent Road Fund to the Parks and Recreation Department for the purchase of playground equi~ment and surfacing materials for the Swift Creek Elementary School. Vote: Unanimous (It is noted the Swift Creek Elementary School PTA will donate funds for the remaining costs, with the total playground equipment purchase being approximately $8,000.) 13.I.3. REQUEST FOR BINGO/RAFFLE PERMITS On motion ~r. Sullivan, seconded by Mr. approved the following requests the calendar year 1989: ORGANIZATION Ben Air Rotary Club Brandermill, Midlothian, Wcodlake Jaycees Ben Air Midlothian Lions Vote: Unanimous Currin, the Board for bingo/raffle permits for TYPE Raffle Raffle Raffle 13.I.4. C~ANGBS IN THE STATE SECONDARY ROAD SYSTEM On motion of Mr. Sullivan, seconded by Mr. Currin, the Board adopted the following resolution: WHEPJ~AS, Powhite Parkway (Route 76), Project Numbers TR00-020-101, PE102, C502; TR00-020-101, C503, RW203; and TR00-020-101, PR104, C505 has been constructed and approved by the State Highway Commissioner; and WHEREAS, the construction has necessitated changes in the Secondary System to the roads so altered. NOW~ THEREFORE, RE IT RESOLVED, that portion of old location of Route 653, i.e., Section 1 shown in yellow on the sketch titled, "Change~ in the Secondary System Due to Relocation and Construction on Route 76, Project Number TR00-020-101, PE102, C502", dated at Richmond, Virginia, November 17, 1988 a total distance of 0.45 mile, does not serve a public need and is to be discontinued from the Secondary System of State Highways pursuant to Section 33.1-150 of the Code of Virginia of 1950, amended; AND FURTHER, that portion of Secondary Route 653, i.e., Section 2 as shown in red on %he sketch titled, "Changes in the Secondary System Due to Relocation and Construction on Route 76, Project Number TR00-020-101, PR102, C502", dated at Richmond, Virginia, November 17, 1988 a total distance of 0.44 mile, be and hereby is added to the Secondary System of State Highway~ pursuant to Section 33.1-299 of the Code cf Virginia of 1950~ a~ended; AND FURTHER, that portion of old location of Route 754, i.e., Section 2 as shown in yellow on the sketch titled, "Change~ in the Secondary System Due to Relocation and Construction on Route 76, Project Number TR00-020-101, C503, RW203," dated at Richmond, Virginia, November 17, 1988 a total distance of 0.07 mile, does not serve a public need and is to be discontinued from the Secondary System of State Highways 89-478 pursuant co section 33.1-150 of the Code of Virqinia of 1950, amendud7 A~D ~URT~R, that portion of old location of Route 1757, i.e., section 1 shown in yellow on the sketch- titled, "Changes in the Secondary Systmm Du~ to Relocation and Construction on acute 76, Project Number TR00-820-10I, PE104, C505", dated at Richmond, Virginia, Novea~er 17, 1988 a total distance of 0.04 mile, does not ~erve a Dublin need and iL to be disccntinumd from the Secon~ry System of State ~ighways pursuant'to Section 33.1-150 of the Code of virginia of 1950, amended~ AND FURTHER, that portion of Secondary Routm 1757, Section Z as shown in ~ed ou the sketch titled, "Changes in the Secondary System Due to Relocation and Construction on Route 76, Project Number TR00-020~101, P~104, C505", da~ed at Richmond, Virginia, November 17,' 1988 a to,al distance of mile, be ~ud hexeby is added to the Secondary system of state Bighway~ pursuant to Section 33.1-299 of the Code of Virginia cf 19~0, amended. 13.I.5. STAT~ ROAD ACCEPTANCE This day the County Enviror~ental Engineer, in accordance with directions from this Board, made report in writing upon hi~ examination of Wil¢onna Read, ~rightridge Road ~ri~htr~dgS Wa~, Brightrldge Court, Briqhtridge Lan~ and Venture Koad in Glen Wood, ~,c~on F add a portion of ~len Wood, See%ion C, Clover Bill District. Upon consideration whereof, and on motion Of Mr_ Sullivan, seconded by Mr. Currin, it is r~solved that Wilconna Road, ~rightridge Road, Erightridge Way, Brightridge Court, ~right- ridge Lane and Ventur~ Road in Glen Wood, Section F and a portion of Glen Woed~ Section C, Clover ~ill District, be and they h~reby are established as public roads. And be i~ further resolved, that the Virgini~ Department of Transportation, he and i~ hereby is requested tc take in~c ~he Secondary System, Wilconna Road, ~eginning at ~he intersection with Valencia Road, State Roues 2855, end going southerly 0.02 mile, then turning and going southeasterly 0.07 mile to the intersection with Brightridge Road, then continuing south- easterly 0.09 mile to end in a cul-de-sac; Bright~idge Road, beginning at the intermection with Wilconn~ Roa~ and going nertheasterl~ 0.09 mils, then turning and going easterly 0.07 mile to the intersection with Brightr~dge Way, then continuing easterly 0.0~ mile, then turning and going southerly 0.03 mile to the intersection with Brlgktrldgs Court, =hen ~urning and going southwesterly O.05 mile~ then turning and going south- easterly 0.03 mile to the intersection with ~rightridge Lan=, th~n continuing southeasterly 8.07 mile to end in a cul-de-sac; Brighkridg~ Way, begiDnlng et the intersection with Rrfghtridge Road and going southwesterly 0.04 mile ts end in a cul-de-sac; Brightridge Court, beginning at the interssctie~ with ~right- ridge Road and going easterl~ 0.03 mile to end in a cul-de-sac; Brightridg~ Bane, beginning at the intersection with ~ri~ht- ridge Ro~d end going southwesterly 0.05 mile to end in a t~mporary turnaround; and Venture Road, beginning at the intersection with Valencia Road~ State Route 2855, and going southeasterly 0.08 miI~ to end in a cul-de-sac. This request is inclusive of th~ a~jacent slope, sight distance and designated Virginia Department of Tran~portation drainage The~e road~ serve 80 lots. .' 89~479 And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Transportation a 50' right-of-way for all of these roads. These sections of Glen Wood are recorded as follows: Section F. Plat Book 53, Pages 9 & 10, June 5, 1956~ Section C. Plat Book 30, Pages 89 & 90, March 24, 1978. This day the County Environmental Engineer, in accordance with directions from this Board, made report' in writing upon his examination of Deer Run Drive, Velvet Antler Lane, Velvet Antler Drive, Velvet Antler Place, Full Rack Drive, Full Rack Circle, Full Rack Court, Full Rack Place, Buck Rub Drive, ~ika Lane, Sika Court, Master Stag Drive and Suck Rub Court in Deer Run, Section I, Matoaca District. Upon consideration whereof, and on motion of Mr. Sullivan, seconded by Mr. Currin, it is resolved that Deer Run Drive, Velvet Antler Lane, Velvet Antler Drive, Velvet Antler Place, Full Pack Drive, Full Rack Circlg, Full Rack Court, Full Rack Place, Buck Rub Drive, Sika Lane, Sika Court, Master Stag Drive and Buck Rub Court in Deer Run, Section I, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, bm and it hereby is requested to take into the Secondary System, Deer Run Drive, beginning at the intersection with Bull Street Road, U.S. Route 360, and going southeasterly 0.09 mile, then turning and going southerly 0.10 mile to the intersection with Velvet Antler Lane, then continuing southerly 0.03 mile to end at proposed Deer Run Drive, Deer Run, Section III; Velvet Antler Lane, beqinning at the intersection with Deer RUn Drive and going easterly 0.06 mite to end at the intersection with Velvet Antler Drive; Velvet Antler Drive, beginning at the intersection with Velvet Antler Lane and going southerly 0.01 mile to end at proposed Velvet Antler Drive, Deer Run, Section II. Again Velvet Antler Drive, beginning at the intersection with Velvet Antler Lane and going northerly 0.10 mile, then turning and going easterly 0.12 mile to the intersection with Velvet Antler Place, then going southeasterly 0.06 mile to the intersection with Full Rack Drive, then turning and going southerly 0.02 mile to end at proposed Deer Run Drive, Deer Run, Section II; Velvet Antler Place, beginning at the intersection with Velvet Antler Drive and going north- easterly 0.07 mile to end in a cul-de-sac; Full Rack Drive, beginning at the intersection with Velvet Antler Drive and going northeasterly 0~07 mile to the intersection with Sika Lan~, then turning and going easterly 0.17 mile to the inter- section with Full Rack Circle, then continuing easterly 0.08 mile, then turning and going southerly 0.11 mile to the inter- section with Full Rack Court, then turning and going south- westerly 0.08 mile to the intersection with .Full Rack Place, then continuing southwesterly 0.04 mile to end at the inter- section with Suck Rub Drive and Sika Lane; Sika Lane, beginning at the intersection with Full Rack Drive and Buck Rub Drive and going northwesterly 0.10 mile to the intersection with Sika Court, then turning and going northerly 0.17 mile tO end at the intersection with Full Rack Drive as aforementioned, therefore Full Rack Drive and Sika Lane form a loop; Full Rack Circle, beginning at the inter~ectien with Full Rack Drive and going southerly 0.07 mile to end in a cul-de-sac; Full Rack Court, beginning at the intersection with Full Rac~ Drive and going northwesterly 0.04 mile to end in a cul-de-sac; Full Rack Flace, beginning at the intersection with Full Rack Drive and going northerly 0.04 mile to end in a cul-de-sac; $ika Court, beginning at the intersection with Sika Lane and going northeasterly 0.05 mile, then turning and going northerly 0.07 89-480 mile to end in a cul-de-sac; Suck Rub Drive, beginning at hh~ intersection with Full Rack Drive and ~ika Lane and going southerly 0,17 Rile to the Deer Run, Sec. I intersection with Master Stag Drive, then turning and going southwesterly 0.07 mile, then turAing and going westerly 0.07 mile to the inter- section with Buck Rub Court, then ~urnin~ and going westerly 0.02 mils to end at proposed Buck Re39 Drive, Deer Run, Section I~; Master Stag Drive, beginning at %ha intersection with Buck Rub Drive and going easterly 0.05 mile to end at proposed Master Stag Drive, Spring ?race, Section A; and Buck Rub Court, beginning at the inter~ection with Buck Rub Drive and going southeasterly 0.06 mile to end in a eel-de-sac. This request is ins~usive of the adjacent slope, sight distance and designated virginia Department of Transportation drainage And be it further resolved, that the Board cf Supervisors guarantees to the Virginia Department of Transportation a 50' right-of-way for ail of these roads except Doer Run Drive which has an 80' right-of-way and Velvet Antler Lane which has a 70' right-of-way. This s~ct£on ur'Deer Ken_is.recorded a~ follows: Section I. Plat Book 53, Pages 72, 73~ 74 & 75, July 23, 1956. Vo~e: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon hie s×am~nation of Cedar Lane, Perdue Avenue, P~rdue Terrace and P~rdue Court in Warfi~ld Estates,' emotions A~ B and C and Goyna's Subdivision, E~rmada District. Upon consideration whereof, and on motion of ~r. Sulllvan, seconded by ~r. Cu~in, it is ~esolved that Cedar Lane, Perdue Avenue, Perdue Terrace end P~rdue Court in Warfield Estates, Section A, B a~d C and Goyne's Subdivision, Bermuda District~ be and they hereby are established as public roads. And be it further resolved, that the. Virginia Dep~r~ent of Transportation, be and i: hereby is requested to take into the Secondary System, Cedar Lane, beginnin~ at the intersection with Osborne Road, State ~oute 616, and going southerly mile to the intersection with ~er~ue Avenue; Perdue Avenue, h~ginning at the intersection with Cedar Lane and ~oing easterly 0.07 mile to the intersection with ~erdue the~ con~inuing northeasterly 0.07 mile to the i~ters~tion wi{h Perdue Court, then continuing northerly 0.10 mile to the intersection wi~_h Osborne Boad~ State Bo~te 616; Perdue Terrace, beginning a% the intersection wi~h ~srdue Avenue and going northerly Q.14 m~le t~ ~nd in a ~nl-de-~ac~ and Court, beginning at the inter~eetie~ with Fardue Avenue and going easterly 0.84 mile to end in a cul-de-sac. This request is inclusive o~ th~ adjacent slope, sight di~tan~ and designated Virginia Depart~ent of T~ansportmtion drainage These roads serve 32 lots. And be it further resolved, that the Board of ~upervi~o~s guarantees tQ the Virginia Department Of Transportation a 50' right-of-way for all of these roads. These sections of Warfield Estates are r~or~ed as follows: 89-481 Section A. Plat Book 46, Page 39, June 29, 1984. ~eotion B. Plat Book 48, Page 85, Ma~ch 12, 1985. Section C. Plat Book 54, Page 89, October 21, 1986. Goyne's Subdivision is recorded as follows: Plat Book 8, Page 147, April 5, 1947. Vote: Unanimous This day the County Environmental Engineer, in accordance with directione from this Board, made report in writing upon his examination of Murray Olds Drive and Murray Olde Court, Midlothian Dietriot. Upon consideration whereof, and on motion of Mr. Sullivan, seconded by Mr. Currin, it is reeolved that Murray Olds Drive and Murray Olds Court, Midlothian District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and it hereby is requeeted to take into the Secondary System, Murray 01de Drive, beginning at existing Murray Olds Drive, State Route 727, and going southeasterly 0.05 mile to the intersection with Murray Olds Court, then turning and going easterly'0.13 mile to the intersection with Grove Road, State Route 868; and Murray Olds Court, beginning at the intersection with Murray Olde Drive and geing south- westerly 0.06 mile to end in a cul-de-sac. This request is inclueive of the adjacent slope, sight distance and designated Virginia Department of Transportation drainaqe These roads serve adjacent commercial properties, And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Transportation a 50' right-of-way for Murray 01ds Court and a. variabl~ width 50' to 60' right-of-way for Murray Olds Drive. Murray 01ds Drive and Murray Olds Court are rscorded as follows: Dedication of Murray Olds Drive and Murray Olds Court. Plat Book 54, Page 56, September 23, 1986. RESOLUTION CONFIRMING PROCEEDINGS OF CHESTERFIELD INDUSTRIAL DEVELOPMENT AUTHORITY FOR ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOSrDS FOR TIGER ENTERPRISES, INC. (LEASING TO WEIDMULLER, INC.) On motion of Mr. Sullivan, seconded by Mr. Currin, the Board adopted the following reeolution: WBEREAS, the Industrial DeveIot3ment Authority .of the County of Chesterfield (the Authority), has considered the application of Weidmuller, Inc. and Tiger Enterprises, Inc. for lease to Weidmuller, Inc. (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $2,300,000 (the Bonds) to assist in the financing of the Company's acquisition, construction and equipping of an expansion of approximately 29,000 square feet to a manufacturing facility for the manufacture of electrical and electronic connectors (the Project) to be located at 821 Southlake Boulevard in Chesterfield, Virginia, and has held a public hearing thereon on March 15, 1989; and 89-482 W~R~AS, the Authority has requested the Board of Supervisors {the Board) of Cheeterfield County, Virginia County,, to approv~ the issuance of the Rends to comply with Section 147(f) of the Internal Revenue Code of 19~6, as amended (the Code); and to apply to the Allocation Administrator to request an allocation of an amount not to exceed $2,300,000 of I5.1-1399.10 through 15.1-1399.17 cf the Code of Virginia of 19~0, as amended (the Act), to comply with Section 146 of the Code; WHEREAS~ a copy Of the Autherity's resolution approving the issuance of the Bends, s~bject =o terms to be agreed upon, a fec0rd u£ tho public hearing end a "fiscal impact sta~emen=" with respect te the ~ro~ect have been filed with the Board; · B= IT R~$OLVED BY TEE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: 1. The Board hereby approves ths issuance of the Bonds by the Industrial De, elopement Autkority of the County of Chesterfield for the benefit of Weidm=ller, Inc. and Tiger Enterprises, Inc. for lea~e to Wei~muller, Inc., to the extent required by S~ct±on t47(f) ef the Code, to permit the Anthorlty to assist in the financing of the Project. 2. The Board hereby agre%~ to apply to the kI1Qc~tion Administrator to requesu an allocation of an amount not exceed $2,30Q,000 of the State Ceiling to the Bo~ds, pursuant to the Act, and directs the County Administrator to prepare and file an application tkerefor as promptly aa practicable. 3. Approval of the iesuance of the Bonds, aa required by section 147(f) of the Code, does not constitute an endorsement of the BOndu Or the creditworthiness of the Company, but, as required hy Section 15.1-1380 of the Code of Virqinie of 1950, as a~ended, the Bonds shall provide that neither th~ County nor the Authority shall be obligated to pay the Bond~ or the inter,st ther~n or other costs incident ~hereto ~oept from the ~evsnues and moneys pledqed therefor, and neither the faith or credit nor the t~ing power of the Com~onwealth, the County ncr the Authority shall be pledged thereto. 4. This resolution shall take effect i~ediately upon its adoption. .13.I.7. APPOINTMENT OF DONALD K. ~EKES AS ASSISTANT FIRE On motion o~ Mr. Sullivan, seconded by Mr. Currin, the Board appointed Sergeant Donald K. Reekes am Assistant Fir~ Marshal, effective ~edlately, pursuant to Sections 27-36 of the ~ode of Virginia, 1950, ae amended. ~.~.$.. WOOLRIDGE ROAD On motion of Mr. ~u!livan, seconded by Mr. Corrina. the Board appropriated $2,000 from the Clover Milt District Three Cent Road Funds for pothole repairs and $36,000 from the Indngtrial/R~ereational Access Fund for a plant mix overlay for Woolridge Road in orde~ to prevent further deterioration; authorized staff to take all necessary steps tO have the repairs and overlay ~0mpleted. 89-~83 13.I.9. AUTBORIZATION TO DISPOSE OF 1972 MACK FIP~E PUMPER on motion of Mr. Sullivan, seconded by Mr. Currin, the Board declared a 1972 Mack fire pumper as surplus property and authorized the disposal of said fire pumper through the normal advertising and bid process to the highest bidder, which unit has reached the end of its useful service life to Chesterfield County and for safety reasons should be phased out of service. 13.J. UTILITIES DEPARTMENT ITEMS 13.J.1. CONSENT ITEMS 13.J.l.a. APPROVAL OF UTILTTY CONTRACT FOR COBBL~ GLeN On motion of Mr. Mayas, seconded by Mr. Daniel, the Board approved the following Utility contract and authorized the County Administrator to execute any necessary document~: Utility Contract Number 89-0337, Cobble Glen - Developer: Brandermill Investment Associates Contractor: R.M.C. Contractors, Inc. Contract Amount: Water - Sewer - Total - Estimated County Cost: Water - (Refund through connections) Estimated Developer Cost: Number of Connections: 17 Code: $35,501.50 $51,087.00 $86,588.50 $ 6,363.83 $80,244.67 5B-2511-997 13.J.1.b. APPROVAL OF SEWER CONTRACT FOR GREENLEIGH MOBILE HOME PARK OFF-SITE SEWER On motion of Mr. Nayes, seconded by Mr. Daniel, the Board approve the following sewer contract for and authorized the County Administrator to execute any necessary documents: Contract Number 89-0226 - Greenleigh Mobile Home Park Off-Site Sewer Line - Developer: Chesterfield Associates Contractor: Richard L. Crowder Constructlen CO. Total Contract Amount: - Estimated County Cost: - (Refund through connections) Estimated Developer Cost: Number of Connections: Future Code: Vote: Unanimous $138,653.80 $ 78,771.93 $ 59,881.87 5N-2511-997 13.J.l.c. APPROVAL OF QUITCLAIM DEED FOR PORTION OF 16 FOOT SEWER EASEMENT ACROSS PARCEL OWI~ED BY W. GERALD SPEEK$ On motion of Mr. Mayas, seconded by Mr. Daniel, the Board authorized the Chairman of the Board and the County Administrator to execut~ a Quitclaim De~d for Mr. W. Gerald Speaks to vacate a portion of 16' sewer easement located across his property along Route 360. (It is noted a copy of the plat is filed with paper~ e£ this B~ard.) 13.J.l.d. AWARD OF CONTRACT FOR WINT[RPOCK BOOSTER STATION 89-484 on motion o~ Mr. Mayas, seconded by Nr. Daniel~ ~he Board Contract Number W87-40C for the construction of the Winterpcck $219,003.06, which project includes the construction of a water boocter ctaticn On the Winterpock Road water l~ne recently installed; appropriated $54,000 from the Fund Balanc~ to 5E-5535-74OB to complete the projeGt; and authorized the County Ad/uin±~trator to execute any ~e~esary documentn. (It is ~otod a 10% contingency is included.) 13.J.2, REPORTS ~r. Sale presented the Board with a report on the developer water and sower contracts e~ecuted by the County Administrator. 13.~. REFORTS ~r. Ramsay pren~nt~d %he Board With a status report on the General Fund Contingency A~coant~ General ~und ~alance~ Road R~rv~ Funds, bls~rlct Road and street Light Funds, Lease Purchase~, School Board A~enda and Board Public Nearing Schedule. The Board sa% the da=e of May 10, 1989, for a dinne~ ~eeting with the Volunte~ District Fire Chiefs. Mr. Ramsay ~tated th% Virginia Department of Transportation has formally notified =he Ceun:y of she acceptance and/or abandon- ment of th~ following roads into/from the State SecOndary ADDITIONS L~NGTH Rents 4050 (Riggers Station Drive) - From Route ~20 Route 4051 (Trailtop Terrace) - From Rou~e 4050 to southwest cul-de-sac Route 4051 (Woodsacre Lane) - From Route 40~0 to Route 4051 0,15 Mi. 0.20 ~i. 0.12 Mi. NANSFIELD CROSSING - P~AS~ I & II Route 3783 (Ariarhurst Road) - From Route 4090 to 0.07 mile northwest Route 4090 Route 4090 (~ansflel~ Crossing Road) - From Route 720 to 0,07 mile north Rout~ 3783 Route 409t (Mansfield Cro~ing Court) - Fro~ Route 4090 to eaa= cul-de-sac Rout~ 409~ (~u~£ie!d Crossing Lane) - Fro~ Route 4090 to southwest cul-de-sac Route 4092 (Man~fi~Id Crossing Terrace) - From Rou~e 4090 to west cul-de-sac ~,07 Mi. 0,2~ Mi. 0.04 Mi. 0.07 ~i. 0.03 Mi. NI88HO IWAI/FUJI LATEX Route 926 - From Route 746 to 0.30 mile south Route 746 Mi, DEER MEADOW Route 1921 (Rran~rmill Parkwayl - From 0.0~ nile north Route 3870 to 0.27 mile north ROute 3869 0.~7 Mi. $9-485 ADDITIONS D~R MEADOW (continued) Route 3869 (Deer Meadow Drive) - From Route 1921 to west cul-de-sac Route 3875 (Deer Meadow Road)- Prom 0.04 mile northeast Route 3870 to Rout~ 3869 Route 3876 (Deer Meadow Place) - From Route 3869 to south cul-de-sac Route 3877 (Deer Meadow Terrace) - From Route 3S69 to south cul-de-sac Route 3878 (Deer Meadow Court) - Prom Route 3869 to north cul-de-sac Route 3879 (Deer Meadow Lane) - Prom 0.07 milo north Route 3869 to 0.11 mile southwest Route 3869 BROOKFZELD SOUTN - SECTION B Route 2662 (Morelock Drive) - From 0,03 mile south Route 2263 to Route 3339 Route 3339 (Morelock Court) - From 0.04 mils west Route 2662 to 0.04 mile east Route 2662 Route 865 (Treely Road) - From Route 625 to 0.32 mile east Route 625 MASON WOODS - SECTION B Route 4020 (Mason Crest Drive) - From Route 641 to northwest cul-de-sac Route 4021 (Mason Run Drive) - From 0.02 mile northeast Route 4020 ho southwest cul-de-sac Route 4022 (Mason Run Court) - From Route 4021 to northwest cul-de-sac MASON WOODS - SECTION ~ Route 4023 (South Run Court) - Prom Route 4021 to northwest cul-de-sac 360 COMMERCIAL PARK WEST Route 3315 (Paulbrook Drive) - From Route 3036 to west cul-de-sac BEXLEY COSMOPOLITAN - PHASE IV Route 3823 (Llama Lan~) - From 0,01 mile north Route 3825 to northwest ~nl-de-$ao Route 3826 (Elkview Drive) - From Route 3823 to 0.06 mile north Route 3023 NEW~y's WOOD - $~CTION B Route 3685 (Newby'5 Wood Trail) - From 0,02 mile north Route 3686 to 0.02 mile north Route 3688 Route 3688 (Berry Patch Drive) - From Route 8685 to northeast cul-de-sac 89-486 LENGTH 0.34 Mi. 0.05 Mi. 0.04 Mi, 0.06 Mi. 0.05 Mi. 0.18 Mi. 0.03 Mi. 0.08 Mi. 0,32 Mi, 0.09 Mi. 0.19 Mi. 0.07 Mi. O.06 Mi. 0.15 Mi. 0.15 Mi. 0.06 Mi. 0.15 Mi. 0.14 Mi. ADDITIONS OLD CREEK WEST ~ SECTIONS 6 & 7 Route 4040 (Darcy Lens) - From Route 837 to 0.06 mile southeast Route 4041 Route 4041 (Uarcy Court) - From Route 4040 ta northeast cul-de-sac SHADOW RIDGE Route 2989 ISandyridgo Park~ey) - From 8.88 mile west Route 2~90 to Route 1921 Route 3869 (Shadow Ridge Road) - From Route 1921 to northeast cul-de-sac Route 3890 [Shadow Ridge Court) - From Route 3869 to north cul-de-sac Route 3891 (Shadow Ridge Place) - From Route 3869 to north cul-de-sac Route 3892 (Shadow Ridgs Lane) - From Route 3869 to northwest cul-de-sac TURTLE HILL Route. 3893 {Turtle Hill Road) - Prom Route 1921 to east oul-de-sec Route 3894 (Turtle Hill Lane) - Zrom Route to northeast cul-de-sac Route 3895 (Turtle Hill Court) - From Route tO south cul-de-sac Route 3898 (Turtle Hill Place) - From Route 3893 to north cul-de-sac Route 3897 (T~rtle Hill Circle) - From Rout~ tO ~oz%h cul-de-sac CROSS CREEK - SECTION A Route ~77Z (crse~ing'~ Way) - From Route 714 to 0.01 mile northeast Route 3775 Route 3774 (Croe~ieg~s Way Court} - From Route 3773 to southeast Route 3775 (Cr0~$in~'s Way Terrace) - From Route 3773 to southeast cul-de-sac Route 852 (Old Hundred Road) - From Route 76 to Route 754 Change in Primary ~ys%~m, Routs 1 - Project: 5~9 DW-1, Section 1 - Old location Of Rou~e 1, wee% a~ th~ new location, from Station 335+40 to s~ati~n 343+5~ 14. ADJOURNMENT On motion of Mr. Daniel, 89-487 LENGT~ 0.04 Mi, ~.11 Mi. ~.39 0.05 Mi. 0.04 Mi. 0.06 Mi. 0.29 Mi. 0.08 Mi.~ 0.05 Mi. 0.0~ Mi. 0.05 ~i. 0,16 Mi. 0.06 Mi. O.OB Mi. 0.15 Mi. Curzln, the Board adjourned at 1:00 a.m. on April 13, 1989 un%il 9:00 a.m. On April 26, 1989. Vote: Unanimous ~ahe B, Ramsay ~ // County Administrator/ 89-488 ~G. H. App{eg'a~ce Chairman