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06-23-1971 MinutesVIRGINIA: At an adjourned meeting cf the Board of Supervisors of Chesterfield County, held at theCourthouse on June 23, 1971 at 2:00 P.~. Present: Mr. Irvin G. Horner, Chairman Mr. H. O. Browning, Vice-Chairman Mr. J. Ruffin Apperson Mr. F. F. Dietsch Mr. A. R~ Martin Mr. C. J. Purdy Also Present: Mr. Oliver D. Rudy, Comm. Atty. Mr. Morris Mason, Asst. Comm. Atty. Mr. M. W. Burnett, Executive Sec'y. Mr. David Welchons, Asst. Co. Eng. On motion of Mr. Browning, seconded by Mr. Apperson, it is resolved that the Virginia Department of Highways be and it hereby is requested to take into the Secondary System of roads the following school driveways: Grange Hall School - delete 0.16 miles and add 0.16 miles Beulah School - add 0.11 miles Midlothian High - Delete 0.09 miles and add 0.05 miles Ettrick School - abandon 0.08 miles, the old Ettrick School driveway (the new driveway has already been added into state maintenance) Union Branch School abandon 0.03 miles (this school is not presently used. This day the County Road Engineer in accordance with directions from this Board made report in writing upon his examination of Merry Drive, Jolly Lane and Placid Lane, in the subdivision of Gay Farms, Section 4, Bermuda Magisterial District. Upon consideration whereof, and on motion of Mr. Purdy it is resolved that Merry Drive, Jolly Lane and Placid Avenue in the subdivision of Gay Farms, Section 4, Bermuda District, be and they hereby are extsblished as public roads.' And be it further resolved, that the Virginia Department of Highways be and it hereby is requested to take into the Secondary System, Merry Drive, from its southern end of maintenance southwardly .03 mile to Jolly Lane~ Jolly Lane, from its intersection with Merry Drive, westwardly .04 mile to a cul-de-sac and from the same intersection with Merry Drive, eastwardly .09 mile to a cul-de-sac[ Placid Avenue, from its southern end of maintenance, southwardly .06 mile to a cul-de-sac. And be it further resolved, that the Board of Supervisors guarantees to the Virginia D'epartment. of Highways 50-ft. right-of-way on these roads. Plat Book 17, Page 73, on July 15, 1970. This day the County Road Engineer in accordance with directions from this Board made report in writing upon examination of Salk Road, Celtic Road and Puritan Road in the subdivision of Physic Hill, Section ~'C" in Clover Hill Magisterial District. Upon consideration whereof, and on motion of ~[r. Homer it is resolved that Salk Road, Celtic Road and Puritan Road in the subdivision of Physic Hill, Section "C" in Clover Hill District be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Highways be, and it hereby is requested to take into the Secondary System, Salk Road, from its intersection with Route 621, southeastwardly .08 mile to Celtic Road, thence southeastwardly .t0 mile to Puritan Road, thence northeastwardly .05 mile to existing maintenance; Celtic Road, from its intersection with Salk Road, ~outhwestwardly .19 mile to Physic Hill Road~ Puritan Road, from its intersec- tion with Salk Road, southeastwardly .27 mile to a cul-de-sac. These roads serve 7 houses. And be it further resolved, that the Board of Supervisors guarantees to 'the Virginia Department of Highways a 50-ft. right-of-way on these roads. Plat recorded in Plat Book 16, Pages 81. and 82, on November 6, 1968. This day the County Road Engineer in accordance with directions from this Board made report in writing upon his examination of Okehampton Drive, Exwick Lane, Exwick ~ourt and Cotfiel~ Road in the subdivision of Kimberly Acres, Section 1, in Dale Magisterial District. Upon consideration whereof, and on motion of Mr. Apperson, it is resolved that Okehampton Drive, Exwick Lane, Exwick Court, and Cotfield Road in the subdivision of Kimberly Acres, Sec. 1, Dale District, be, and they hereby are extablished as public roads. And be it further resolved, that the Virginia Department of Highways be, and it hereby is requested to take into the Secondary System, OkehamDton Drive, from its intersection with Route 637, westwardiy .05 mile to Exw~ck Lane, thence westwardly .12 mile to Cotfield }[oad; thence westwardly ~03 mile; Exwick Lane, from its intersection with Okehampton Drive, southwardly .04 mile to Exwick Lane, westwardly .04 mile to a cul-de-sac[ Cotfie!d Road, from its intersection with Okehampton Drive southwardlv .09 mile to a cul-de-sac. These roads serve 27 houses. ' ~ And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 60-ft. right-of-way on Okehampton Drive, Cotfield Road and Exwick Lane and a 50-ft. right-of-way on Exwick Court. Plat recorded in Plat Book 17, Page 72, on July 2, 1971. Due to the problem of pollution in the Appomattox River which waters are a reservoir serving the Appomattox Water Authority and due to the request of said Authority for concerned action in controlling the pollution to this reservoir, it is on motion of Mr. Browning, seconded by Mr. Apperson, resolved that this Board establish~a policy to be enforced by the Health Department of the County that every sewerage.disposal system in the County of Chesterfield shall be located at least 100 feet from the high water level of any water supply reservoir. There was read a letter from the SCL i~R Company stating that the bridge across the Railroad on Castlewood Road will be improved immediately. 71-~6CS The Board of Supervisors having heard the request of David C. Eanes, Jr. requesting the rezoning from Agricultural (A)~ to General Business (C-2) of a parcel of land of irregular shape fronting approximately 116 feet on the Midlothian Pike (Route 60) and extending southwardly to a depth of approximately 901 feet, being located approximately 420 feet west of the intersection of Midlothian Pike and Wadsworth Road in Clover Hill Magisterial District. Refer to Tax Map Sec. 28-2 (1) Parcel 9, and having made the following motion: "Be it Resolved that the zoning be approved as reques't~d, subject to the plans and specifications being approved by the Planning Director." A Vote being taken on this motion resulted in a tie vote whereupon the Tie Breaker was notified and the meeting set for this date. .Mr. Frank Minor, Attorney, cites again the request of the applicant and agrees to the 550 feet zoning and a Use Permit. Upon consideration whereof, and on motion of Mr. Apperson, seconded by Mr. Browning, it is resolved that the previous motion taken on this matter, June 9, 1971, resulting in a tie vote, be and it hereby_ is rescinded. It is here noted that Mr. Martin votes Upon further discussion, Mr. Apperson moves and Mr. Browning seconds, the following motion: Be it Resolved, that the C-2 zoning be granted in this case to a depth of 550 feet, along the property line, and a Use Permit for ingress and egress for the next 150 feet and that the remainder of the property be used as a buffer. A vote being taken on this motion: Ayes-Mr. Browning, Mr. Apperson and Mr. Horner Nays-Mr. Martin, Mr. Dietsch and Mr. Purdy, and a tie vote is recorded on this question. Mr. James W. Gordon, Jr. the County's Tie Breaker is present and hears the discussion and questions to some degree the lawyer for the applicant. Upon further consideration of this matter, Mr. Gordon states that some property in the area is zoned to a depth of 650 feet and that the property in question would be much less than this if zoned on a perpendicular, that the County needs all the business of this kin~ it can get and cast his vote for the motion. Whereupon the motion is declared passed. resolved that Item (i) in the C-2 zoning be deleted and added as Item (f)-C-1. Upon further discussion of this matter, it is on motion of Mr. Dietsch, secon~e~ by Mr. Purdy, resolved that the following ordinance be and it hereby is adopted as amended. - AN ORDII~ANCE to amend and re-enact Chapter 17, Section 1 of the Code of the County of Chesterfield, Virginia, chan~ing the definitions of building', dwelling--multiple, dwelling--one-family, ~welling--two-family and by adding a definition of mobile home BeIT ORDAINED BY THE BOARD OF SUPERVISORS OF TH~ COUNTY OF CHESTERFIELD, VIRGINIA: That Chapter 17, Section 1, of the Code of the County of Chesterfield, Virginia, be ard it is hereby araended and re-enacted to read as follows: Section 17-1. Definitions For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section: General [Jules of Construction. The Chairman thanks the Tie-Breaker for this service to the County. Mr. Rudy, Commonwealth's Attorney, explains the changes in the Mobile Home Ordinance which changes result in the extraction of all references to the control of Modular Homes. Upon discussing this matter, it is on motion of Mr. Purdy' seconded by Mr. Browning, Words used in the present tense include the future[ words in the singular nu~ber include the plural and words in the .~mlural number include tile singular~ tile word ~'building" includes the word "structure"[ the word "shall" is mandatory and not directory[ the word ':lot" includes the ~.~ords "plot", "parcel'~ and "premises"[ the word "person" includes individuals, partnershi]~s, dorporations clubs or associations. The term :'erect" and other forms thereof sud~as "erected", "erecting~', "erection" etc., shall be deemed also to include any one or more of the following terms: "Construct", "reconstruct" "alter" (structurally or otherwise), "enlarge", "change", and other forms thereof, but not the term ~maintain" or any form thereof. A passage or way open to public travel affording generally a secondary means of vehicular access to abutting lots or upon which service entrances of build= lng abut, and not intended for general traffic circulation. Automobile s~rvice stations. Any place of business, having pumps and storage tanks, at which fuels or oils for the use of motor vehicles are dispensed, sold or offered for sale at retail[ minor repairs and inspections may be carried on incidental to the sale of such fuels and oils. When such dispensing, sale or offering for sale is incidental to the conduct of a public garage the establishment shall be deemed to be a public garage. Automobile wrecking See "junk yard". Block. That property abutting one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting streets and railroad rigHt-of-way, Unsubdivided acreage, river or live stream or other bar. r~er of such size as to interrupt the continuity of development on both sides thereof. ' Boardinghouse. A dwelling otherwmse permitted in the district in which it is situated contain- ing less than ten guest rooms. 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 or trailer. ~[here divided by party walls from the ground to the ceiling each portion of a structure shall be deemed to be a separate building. Building, accessory. A subordinate building the use of which is incidental to that of a main building on the same lot. 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, anv dwelling whall be deemed to be a main building on the lot on which the same ~s situated. Building, .hei~gh~t~. The vertical distance to the level of the highest point of the roof surface, if the roof is flat or inclines not more than one inch verticle in one foot horizontal, or to the mean level between the eaves and the highest point of the roof if the roof is of any other type, measured as follows: (a) If the building adjoins the front property line or is not more than fifteen feet distance there from~ measured at the center of the front wall of the building from the established grade of the curb, or, if no grade has been officially established from the elevation of the ex- isting curb; or if no grade has been officially established and no curb exists, measured from the average level of the finished ground surface across the front of the building. (b) If the building is more than fifteen feet distant from the front property line: Measured from the average level of the finished ground surface adjacent to the exterior walls of the building. (c) Where the finished ground level is made by filling, such finisked ground level shall not be deemed to be mere than five feet above tile established grade of the sidewalk. Clerk of board of supervisors[ executive secretary. Court · Any space other than a yard on the same lot with a building or' group of build- lngs and which is unobstructed and open to the sky from and above the floor level of any room having a window or door opening on such court. Court inner. A court having no side entirely open to any yard or street line of the lot on which it is situated. The width of an inner court shall be its least horizontal dimension between the opposite sides measured at right angles to its longest side.; the. length shall be the least horizontal dimension measured at right angles to the width; the height shall be e~ual to the height of ~.he building above the floor level of the lowest room h~ving a window opening~ on such court. Court, ou~e,r. A court, one or more entire sides ~ which opens on any yard or street line of the lot on which such such court is situated and which is enclosed on the remazning sides by walls of a building or by walls of a building and the side or real lot line of the lot. The width of sn outer court shall be the least horizontal dimension; measured parallel to the open side[ provided, however, that for a court having more than one open side, the width shall be the least horizontal dimension[ the depth shall be the least horizontal dimension measured at right angles tc the width~ the height s~alt be equal the height of the building above the floor level of the lowest room having a window or door opening on such court. District~ more restricted or less restricted. In the following list each district shall be deemed to be more restricted than %he districts succeeding it and less restricted than the districts succeeding it and less restricted than the districts preceding it: R-A, R-l, TH-l, ~-1, ~I-2~ C-l, C-2, C-T, and M. An A district shall be deemed to be more restricted than an M or C district. The terms R district and residential district shall mean any R-A, R-l, R-2, TH-l, ~-1, or ~-2 dms~ct,' ~-' · the term C district shall mean any C-l, C-2 or C-T district. Dog Kennels. Place where four or more dogs are kept either private or for Day, more than six months old. ' ~ ~ Dwelling, two- f amil_~. A detached building containing two family dwelling units. include a travel trailer or mobile home. Executive Secretar~r. Clerk of Board of Supervisors. Dwelim~g, m~lti~]le. A building containing three or more family dwelling units. Dwelling does not include a travel trailer or mobile home. Dwelling, one-family. A detached building containing one family dwelling unit. 'Dwelling does not include a travel trailer or mobile home. ~ Famil~ Dwelling unit. Dwelling does not A group of rooms including cooking accomodations occupied exclusively by one or more persons living as a single, nonprofit housekeeping unit. ~rivate. An accessory building occupied or intended for occupancy by the passenger motor vehicles of the families resident on the lot. if space for more than two vehicles in a garage having a capacity of not more than three vehicles, or if more than one-half the space in a garage h~ving a capacity of more than three vehicles is occupied by any vehicles of persons not resident on the lot or if any garage is occupies by any commercial vehicle of more than five tons capacity, or by more than one commercial vehicle of a family resident on the lot or by any other commercial vehicle, such garage shall be deemed to be a public garage. .Garage, ~ubli_~c. Any building, except a building herein defined as a private garage, used for the storage or care of motor vehicles or where any s~ch vehicles are equiPPed for operation or kept for renumeration, hire or sale. Guest room. A room which is designated or intended for occupancy by or which is occupied by one or more guests for compensation but in which no provision is nade for cooking and not including dormitories for sleeping purposes. Home_.O..ccupation. Any use customarily conducted entirely within a d'~elling and carried on the inhabitants thereof, which use is clearly incidental and secondary to use of the dwelling for dwelling purposes an~] ~Joes not chancre t?.e character thereof. Clinics, hospitals, barbershops, beauty parlors, tea rooms, tourist homes and aniraal hospitals shall not be deemed to be home occupations. Hospital. Unless otherwise specified, the term "hospital'~ shall include "sanatorium':, "preventorium", "clinic", or "rest home" and shall be deemed to mean a place for the treatment or other cure of human ailments. Junk Yard. The use of more than two hundred square feet ~ area of any lot or t~e use of any portion of that half of any lot (but not exceeding a depth or ~idth as the case may be, of one hundredfeet), which half adjoins any street for the storage, keeping or abandonment of junk, incl'uding scraD ~eta].s or other scrap material, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. The term "junk yard" shall include "automobile graveyard" as defined by Chapter 304 ~f the Acts of ksserably of 1938,but shall not include any of the things recited herein ~,~hich are incidental and accessory to any 8gricuitural use permitted in the district. Lot.. Land occupied or to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, ihaving not less · than the minimum area required by this chapter for a lo% in the district in which such lot is situated, and having its principal frontage on a street. .L.ot~ corner. A lot abutting on two intersecting and interception does not exceed one hundred and thirty-five degrees. Lot, interior A lot more than a corner lot. Lot, If the front and rear lot lines are parallel: The shortest horizontal distance between such lines, if such lines are not parallel~ The shortest horizontel distance between the fron lot line and a line drawn parallel to the front lot line through the mid-point of the rear lot line[ if the lot is triangular: The shortest horizontal distance between the front lot line and a line parallel to the fron lot line, not less than ten feet long and lying wholly within 'the lot and farthest from the lot line. Mobile home. An industrialized building unit constructed on a chassis for towing to the point of use and designed to be used with or without a fouhdation for occupancy as a dwelling, or two or more such units seDarately towable, but designed to be joined together at the ooint of use to f~rm a single dwelling, and which is designed for removal to'and installation or erection on other sites. Mobile home park. A plot of ground upon which two or more mobile homes are located and where spaces or lots for mobile homes are not for ~!e. Mobile home subdivision. A subdivision only for mobile homes. Nonconforming use. Use of a building or of land that does not conform to the reculations as to use for the district in which it is situated. Rooming house. Any building or portion thereof which contains guest rooms which are designed or intended to be used, let, or hired out for occupancy by, or which are occupied by three or more, but not exceeding nine, individuals for compensation, whether the compensation be paid directly or indirectly. School. Unless otherwise specified, the terms "school" and "college" shall be limited to places of general instruction and shall not include dancing schools, ridin~ academies, or trade or specialized vocational schools. ~ ign~. Any display of any letters, words, numerals, figures, devices, emblems, pictures or any part~ or combinations thereof by any means whereby the same are made visible and~.for the purpose of making anything known, whether such displsy be made on, attached to or as a part of a structure erected for the purpose or on, attached to or as a Dart of any other structure, surface or thing, including, but not limited %o, the ground or any rock, tree or other natural object which display is visible beyo~ the boundaries of the lot on which such display is made. Stock farm. A parcel of land on which are kept more than five cows, sheep, goats, or horses, other than riding horses for the exclusive use of the owner or tenant of the land on which such horses are kept, or more than five of any combination thereof, or more than fifty chickens or other fowl, or more than fifty rabbits or other small livestock or dog kennel. Story. That portion of a building included between the surface of~.y floor and the surface of the next floor above it or if there is no floor above~ then the space betwen the. floor and the ceiling next above it. A mezzanine floor shall be counted as a story if it covers over one-third of the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above it is twenty-four feet o.rmore. A basement shall be counted as a story if its ceiling is over five feet above the level from which the hezght of the building is measured or it it is used for business purposes or if it is used for dwelling purposes by other than a janitor or domestic servants employed in the same building, including the family of the same. Story, ~alf. A story with a least two opposite exterior sides meeting a sloping roof not more than two feet above the floor. Street. A public or semi-public thoroughfare which affords the principal means of access to abutting property including road, highway, drive, land, avenue, place, boulevard and 'any other thoroughfare except an alley. .~tree~, center line of. The center line of a street shall mean the center line thereof as shown in any of the official records of the county or any municipality therin, or ss established by the city engineer of any adjoining city or by the state depart- ment of highways. If no such center line has been e~tabllsned the cente~ line of a street shall be a line lying midway between the side lines of the right-of-way thereof. Structural alteration. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. Tourist home. A dwelling otherwise permitted in the district in which it is situated in which less than ten guest rooms are provided for the ~commodation of transient guests Tourist court. A building or group of buildings containing one or more ~uest rooms having separate outside entrances for each such room or suite or suite of rooms and for each of which rooms or suites of rooms automobile parking space is provided on the premises. - - Town house. A series or cTroup of single family dwelling units consisting of four or more campers traveling by automobile or otherwise or for occupancy by or of travel trailers, tents or movable or temporary dwellings rooms or sleeping quarters of any kind. ~ ' ~ Use, ~e ~urpose for which land or a buil~in~ theron is designed~ arranged or intended o~ for which it is occupied or maintained. U~.e, accessory. A use incidental and accessory to the principal use of a lot or building locased on the same lot with the accessory use. Yard. An open space of uniform width or depth on the same lot with a uzlolng or group of builcings which open space lies between the building or a group of buildincfs and the nearest lot line and is unoccupied and unobstructed from the ground up- ward. In measuring a yard, as hereinafter provided, the line of a buildinc shall be deemed to mean a line parallel to the nearest lot line drawn through th~ point of a building or point of a group of buildings nearest to such a lot line, and the measurement shall be taken at right angles from the line of the building- to the neares~ lot line~ provided, however, that if a future width line is established by the provisions of the chapter for any street bounding the lot, then such measurement shall be taken from the line of the building to such future width line. ~.ard~ front. A yard lying between the from line of the lot and the nearest line of the building and extending across the full width of the lot. Yard, rea~. A yard lying between the rear line of the lot and the nearest line of the build- ing and extending across the full width of the lot. A yard lying between the side of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear lot line, as may be. AN ORDINANCE to amend and re-enact Chapter 17, Section 17-2 of the Code of the County of Chesterfield, Virgini~ by adding thereto new zoning districts, M~-i, MH-2 and C-T. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: That Chapter 17, Section 17-2 of the Code of the County of Chesterfield, Virginia, be and it is hereby amended and re-enacted to read as follows: Section 17-2. Districts generally. Establishment of districts. For the purposes of this chapter, the unincorporated territory of the county is hereby divided into eleven classes of districts as follows: R-A R-2 TH-1 MH-1 MH-2 C-1 C-2 C-T M A Residential-agricultural districts One family residential districts One family residential districts Town house residential districts Mobile home park districts Mobile home subdivision districts Local business districts General business districts Travel trailer park districts Industrial districts Agricultural districts. Location and boundaries of districts generally; zoning map. The locations and boundaries of such districts are hereby established as the' same as are shown on a map entitled "Zoning Map of Chesterfield County", filed at the Chesterfield County Court House, Chesterfield County, Virginia. The zoning map represents a series of maps showing the more detailed location of boundaries between districts, such series of maps being entitled "Zoning District Sectional Maps". A certified copy of each zoning districts sectional map is on file in the office of the Planning Department in Chesterfield County Court House. Such maps and all notations, dimensions and designations shown thereon shall be as much a part of this chapter as if such maps were all fully described herein. Locati~ uncertain boundaries. Where uncertainty exists as to the boundaries of any of the aforesaid districts shown on such maps, the following rules shall apply: (a) Such district boundary lines are intended to follow street, road, alley, lot or property lines as they existed at the time of the passage of the ordinance from which this chapter derives, unless such district boundary lines are fixed by dimensions shown on such maps. (b) Where such boundaries are so indicated that they approximately follow lot lines, and are not more than ten feet distant therefrom, such lot lines shalllbe construed to be such boundaries. Map .a~endments included. Reference in this chapter to such maps or any of them shall be deemed also to include reference to such maps or any of them as they may hereafter be amended. Reference to any official design, future width line, or limitation~.~imposed in any aircraft landing approaeh area, shall be deemed to include any of such matters as may be in effect at the time of the adoption of this chapter, or as may be adopted hereafter, or as any of the same may have been amended at any time. AN ORDINANCE to amend and re-enact Chapter 17, Section 17-3.1 of the Code of the County of Chesterfield, Virginia by prohibiting therein mobile homes except under certain conditions. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: That Chapter 17, Section 17-3.1 of the Code of the County of Chesterfield, Virginia, be and it is hereby amended and re-enacted to read as follows: Section 17-3. Compliance with district uses required for new construction, alteration, etc., generally Except as hereinafter provided in this chapter: (a) No building shall be erected and no existing building shall be moved, altered, added to, or enlarged, nor shall any land or building be used, designed, or intended to be used for any purpose or in any manner other than is included among the uses hereinafter listed as permitted in the district in which such building or land is located. (b) No building shall be erected, nor shall any open space surrounding any building or otherwise required by this chapter be encroached upon or reduced in any manner except in conformity to the yard, lot, area, open space,and building location regulations hereinafter designated for the district in which such building or ~pen space is l~cated. (c) No yard or other open space on one lot shall be considere4 as pro- viding a yard or open space for a building or any other lot. Except as specified for dwelling groups, no yard or other space provided about any buildings for the purpose of complying with the provisions of this chapter shall be considered as providing a yard, or open space for any other building. Section 17-3.1 R-A districts. The following regulations shall apply in all R-A districts: Uses ~ermitted. (a) One family dwellings. (b) Churches and other places of worship, including parish houses and Sunday Schools. (c)Schools, colleges, public libraries and public museums. (d) Publicly operated parks, playgrounds and athletic fields, including buildings customarily appurtenant thereto. (e) Offices of resident members of recognized professions, but no such office shall be conducted except as an accessory use in a dwelling permitted in the district. (f)Home occupations. (g)Accessory buildings and accessory uses. (h) Ail agricultural uses which consist of the raising of crops; provided, that the raising of poultry may be donducted for home use only and provided no dairy farm or stock farm or chicken farm shall be estab- lished unless and until a use permit shall first have been obtained therefore; and provided further, that there shall be no raising or keeping of hogs except by use permit. (i) No premises shall be used for the location of mobile homes except that a use permit may be granted for locating a mobile home on said premises for a period not to exceed nine months, providing the location of said mobile home is necessary because the principal residence located on said premises has been rendered uninhabitable by fire or other act of God. (j) The following uses subject to the obtaining of a use permit for each such use~ 1. Hospitals, sanitariums and scientific laboratories. 2. Philanthropic and charitable institutions. 3. Clubs, lodges and grounds for games and sports. 4. Social, recreational and community buildings. 5.Cemeteries, crematories and other places for the disposal of the human dead. 6. Public utility uses, including railroads and their facilities (except railroads yards), water and sewage works, telephone exchanges, transformer stations, electric transmission lines, above and below ground, electric towers, transmission pipe lines and underground telephone and communications cables and buried wires. Before the Board grants such use permit, it shall first obtain a report from the County Planning Commission as to whether or not the facility would be consistent with a compre- hensive plan of development for the County or would interfere with any of the proposals in such plan. The County Planning Commission must submit its report within sixty days from the receipt of such request for a permit, otherwise, it shall be deemed to have approved such application. Service line, cables, buried wires or pipes in easements or public roads, or on public roads, or on the premises of individual consumers shall be permitted without obtaining a permit. 7. Governmental buildings. 8. Greenhouses at which the products thereof are sold or offered for sale. 9. Airports. 10. ~wo-family or multiple-family dwellings. 11. Dog kennels. 12. Such other uses as may be granted by the governing body upon application to the Board of Supervisors. Such use to be governed by restrictions applicable to such uses. Required lot area. Each dwelling, together with its necessary buildings, hereafter erected shall be located on a lot having an area of not less than forty thousand square feet and a width of not less than one hundred and fifty feet front, except where the contour of land or the curvature of the street or road would make it impractical to provide a minimum of one hundred and fifty fe6t from width in the orderly subdivision of the land. Perc. enta~e' of lot coverage. All buildings, including accessory buildings, on any lot shall not cover more than twenty per cent of the area of such a lot. Front yard require~. Each lot shall have a front yard having a depth of not less ~han sixty feet. Side yards required. (a) Each lot shall have two side yards, each having a width of not less than twenty feet. (b) The side yard on the street side of a corner lot shall have a width of not less than fifty per cent of the front yard depth required for the adjoining lot at the rear of such corner lot when such adjoin{ng lot fronts on the street along the side of the~rner lot, but in no event shall any such side yard~have a width less than that required by the preceding provisions of this section for a side yard on the lot on which SUCh side yard is situated. Rear yard r.ec~uire.d. Each lot shall have a rear yard not less than fifty feet in depth. Dwellin~ size. Each dwelling, not including garages and open porches, shall have a minimum floor area of two thousand square feet. AN ORDINANCE to amend and re-enact Chapter 17, Section 17-4, of the Code of the County of Chesterfield, Virginia, by including a provision prohibiting therin the location of mobile homes. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: That Chapter 17, Section 17, Section 17-4 of the Code of the County of Chesterfield, Virginia, be and it is hereby amended as follows: Section 17-4. R-1 districts. The following regulations shall apply in all R-1 districts: Uses ~ermitted. (a)' One' family dwellings. (b) Churches and other places of worship, including parish houses and Sunday Schools. (c) Schools, colleges, public libraries and public museums. (d) Publicly operated parks, playgrounds and athletic fields, including buildings customarily appurtenant thereto. (e) Offices~f resident members of recognized professions, but no such office shall be conducted except as an adcessory use in a dwelling use in a dwelling permitted in the district. (f) Home occupations. (g) Accessorybuildings and accessoryuses. (h) All agricultural uses which consist of the raising of crops; provided the raising of poultry may be conducted for home use only and provided no dairy farm or stock farm or chicken farm shall be established unless and until a use permit shall first have been obtained therefore, and provided further that there shall be no raising or keeping of hogs for other than domestic use in any R-1 district, except by use permit. (i) The following uses subject to the obtaining of a use permit for each such use: 1. Hospitals, sanitariums, and scientific laboratories. Philanthropic and charitable institutions. 3. Clubs, lodges, and grounds for games and sports. 4. Social, recreational and community buildings. 5. Cemeteries, crematories and other places for the disposal of the human dead. 6. Public utility uses, including railroads and their facilities (except railroad yards), water and sewage works, telephone exchanges, transformer stations, electric transmission lines, above and below ground, electric towers, transmission pipe lines and underground telephone and communications cables and buried wires. Before the Board grants such use permit, it shall first obtain a report from the County Planning Commission as to whether or not the facility would be consiStant with a comprehensive plan of development for the County or would interfere with any of the proposals in such plan. The County Planning Commission must submit its report within sixty days from the receipt of such request for a permit, otherwise, it shall be deemed to have approved such application. Service lines, cables, burred wires or pipes in easements or public roads, or ~n the premises of individual consumers shall be permitted without obtaining a permit. 7. Governmental buildings. 8. Greenhouses at which the products thereof are sold or offered for sale. 9. Airports. 10. Two or multiple family dwellings. 11. Dog Kennels. 12. Such other uses as may be granted by the governing body upon application to the Board of Supervisors. Such use to be governed by restrictions applicable to such uses. Required lot area. Each dwelling, together with its necessary buildings, hereafter erected shall be located on a lot having an area of not less than fifteen thousand square feet and a width of not less than one hundred feet front, except where the contour of land and/or the curvature of' the street or road would make it impractical to provide a minimum of one hundred feet front width in the orderly subdivision of the land. Percentage of lot coverage. Ail buildings, including accessory buildings, on any lot shall not cover more than thirty percentof the area of such a lot. Front yard. re~ui.red. Each lot shall have a front yard having a depth of not less than forty feet. Side yards ~equiredo (a)- Each lot shall have two side yards, each having a width of not less than twenty feet, provided, however, that on any lot which was under one ownership at the time of the adoption of the ordinance, from which this chapter derives,.which lot has a front width of less than one ~Undredlfeet and when the owner thereof owns no adjoining land, ~ the width of each side yard may be reduced to not less than fifteen per cent 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 feet or more be reduced to less than a width equal to or, half the height of the main building on the lot, nor shall the width of any side yard be reduced to less than ten feet. (b) The side yard on the street side of a corner lot shall have a width of not less than fifty percent of the front yard depth required for the adjoining lot at the rear of such corner lot when such adjoining lot fronts on the street along the side of the corner lot, but in no event shall any such side yard have a width less than that required by the preceiding provisions of this section for a side yard on the lot which ~ch side yard is situated. Rear yard ~equ.ired. Each lot shall have a rear yard not less than twenty-five feet in depth. ~o.bi.l.e ~omes prohibited. No premises shall be used for the location of mobile homes. AN ORDINANCE to amend and re-enact Chapter 17, Section 17-5 of 'the Code of the County of Chesterfield, Virginia, by prohibiting therein mobile homes and by deleting therefrom paragraph (b) permitting the locating of house trailers and adding thereto a provision prohibiting the locating of mobile homes except under certain conditions. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERPIELD, VIRGINIA: That Chapter 17, Section 17~5 of the Code of the County of Chesterfield, Virginia, be and it is hereby amended by deleting paragraph (b) under uses permited by adding thereto a prohibition against mobile homes as follows: Section 17-5. R-2 Districts. The following regulations shall apply in all R-2 districts: ~ses permitted. Same as specified for R-1 districts. .Required lot area. Each dwelling, together with its accessory buildings, hereafter erected ~hall be located on a lot having an area of not less than seven thousand square feet ahd a front width of not less than fifty feet, if permitted by other provisions of this chapter. .~.ercenta~e of lot coverage. Same as specifie~ for R-1 districts. Front yard required. Each lot shall have a front yard having a depth of not less than thirty feet. Side yards require.d. (a) Each lot shall have two side yards, each having a width equal to not less than one-half of the height of the main building on the lot, and in no event less than fifteen per cent of the width of the lot; provided, however, that on a lot having a front width of more than fifty feet the width of each side yard shall be equal to not less thanone-half the height of the main building on the lot or not less than seven and one-half feet, whichever is greater; provided, further, that on any lot which was under one ownership at the time of the adoption of the.ordinance from which this chapter derives, which lot has a front width of less than fifty feet, and when the owner therof owns no adjoining land, the width of each side yard shall not be less than ten per cent of the width of the lot, without regard to the height of the main buildings on the lot, hut so side yard shall have a width of less than five feet. (b) The side yard on the street side of a corner lot shall have a width of not less than fifty per cent of the front yard depth required for the adjoining lot at the rear of such corner lot when such adjoining lot fronts on the street along the side of the corner lot, but in no event shall any such side yard have a width less tha~ that required by the preceding provisions of this section for a side yard on the lot on which such side yard is situated. Rear y~rd ~.equi.red. Each lot shall have a rear yard not less than twenty-five feet in depth; provided, however., that on any lot of a depth of less than one hundred and twenty'feet the depth of the rear yard may be reduced to not less than twenty per cent of the depth of the lot to a minimum of fifteen feet. Mobile homes ~rohibited except under certain conditions. After the effective date of thi~ ordinance no premises shall be used for the ~ location of mobile homes, provided, however, that nothing herein shall prohibit those persons who have located a mobile home in an R-2 district by virtue of a use permit previously granted from applying for a renewal of said use permit so long as it may be granted consecutively by the Board of Zoning Appeals, and provided further that after the effective date of this ordinance a use permit may be granted for the original locati.on of a mobile home in an R-2 district by the Board of Supervisors, which permit shall specify the location of such trailer on the premises and assure compliance with health and sanitary requirements of the county. The permit shall be valid for a period not to exceed two years. At the expiration of the time specified on the permit an application may be made for renewal of the use permit. The Board of Supervisors and the Board of Zoning Appeals may take action on suuh renewal applications without prior notice being published in a newspaper of the date the respective Boards will act on such application and no notice to adjoining landowners shall be required unless directed by the Board of Supervisors or the Board of Zoning Appeals, respectively. AN ORDINANCE to amend~ and re-enact Chapter 17, Section 17-5 of the Code of the County of Chesterfield, Virginia, by adding a new section, Section, 17-5.3, providing for the establishment of mobile home parks subject to regulations governing park area, yard requirements, density requirements, spacing require_ ments, recreational area requirements, roads and parking requirements. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: That Section 17-5.3 of the Code of the County of Chesterfield, Virginia, be and it is hereby enacted to read as follows: Section 17-5.3 MH-1 districts. The following regulations shall apply in all MH. 1 districts: ~ses Permitted. (a) Mobile home parks. (b) Accesso~f buildings and uses. ~equired park access. A mobile home park of more than ten acres shall have more than one street access. Front yard. recruited. The minimum front yard of a mobile home park adjacent to apDhlic street shall be fifty feet, said distance to be measured between the fron property line and the nearest mobile home or other structure. Side and rear yards required. Tha minimum side and rear yards of a mobile home park shall be fifteen (15) feet, said distance to be measured between the park property line and the nearest mobilehome or other structure. Except along park property lines which ~re~adjacent to a natural drainage area, side and rear.yards shall~ contain a screen, fence or landscape planting which will be designed and/or planted as to be fifty per cent or more solid when viewed horizontally between two and six feet abode average ground level. Density requirements. Intensity of development shall be limited to no more than eight mobile homes per acre of gross park area. Each site or space for an individual mobile home shall not be less than four thousand square feet in area and forty-four feet wide except that a space for a double-wide mobile home shall not be less than firty-six feet wide. Spacin~ requirements. Mobile homes shall be placed in spaces so that, at the nearest point, they shall be at least twenty feet from all driveways, eight feet from detached enclosed carports (garages) and sixteen feet from any other mobile home, or attachment thereto, or other buildings. For the purposes of the spacing requirements, a mobile home includes any attached, enclosed structure. Detached enclosed carports (garages) and storage structures ame not considered to be part of the mobile home nor are attached, unenclosed awnings, porches, and carports. R. ecreational, area renu.ired. At least ten per cent of the gross park area shall be designa.~ed and reserved for suitable recreational areas. Fifty per cent of such areas shall be provided outside of any established flood plain and shall have a slope of not more than five per cent. Placement. All mobile homes must be placed in a designated mobile home space and must not obstruct the use of, or overhang, any driveway, walkway, or public utility easement. .Parking. At least two parking spaces (ten feet by twenty feet) shall be provided for each mobile home space on, or adjacent to, or in a consolidated parking area within sixty feet of the mobile home space. Ail required parking areas shall be of hard surface, ~ustless construction. DrivewaYs ' All mobile home spaces shall abut upon a driveway of not less than twenty-four feet in width or a parking area adjacent to a driveway. Driveway parking is prohibited. Driveways must have unobstructed access to a public street or highway. All driveways shall be of hard surface, dustless construction, wi~h curb and gutters. U~de~round utilities. All telephone, electrical distribution, water, fuel and other utility linem shall be placed underground in a mobile home park. Ail sanitary sewage connections for a mobile home will be underneath the mobile home. S~%rts.. required. Skirting of mobile homes is required on all mobile homes. Areas enclosed ~y such skir~ing shall be maintained so as not to provide a harborage for rodent or create a fire hazard. Plans required. Every application for the construction, operation, maintenance and occupancy for a 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 sewer for each and every mobile home. Before any permit is issued for a mobile home park and the use thereof, the plans and specifidations shall first be approved by the County Planning Department, ta~ng into account all of the provisions as set out herein above, as well as such special conditions as may be imposed by the Board, and provided further that said plans and specifications are in accordance with state regulations governing mobile homes. AN ORDINANCE TO amend and re-enact Chapter 17, Section 17-5 of the Code of the County of Chesterfield, Virginia, by adding a new section, Section 17-5.4 providing for the establishment of mobile home subdivisions subject to regulations governing minimum size of said subdivision, required lot area and width, required side yards and rear yards and compliance with existing subdivision ordinances. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: That Chapter 17, Section 17-5.4 of the Code of the County of Chesterfield, Virginia, be and it is herek~ enacted to read as follows: Section 17-5.4. MH-2 Districts. The following regulations shall apply in all MH-2 districts: Uses ~ermitted. (a)' Mobile home subdivisions. (b) Churches and other places of worship, including.parish houses and Sunday schools. (c) Schools, colleges, public libraries and public museums. (d) Publicly operated parks, playgrounds and athletic fields, including buildings customarily appurtenant thereto. (e) Offices of resident members of recognized professions, but no such office shall be condueted except as an accessory use in a dwelling permitted in the district. (f) Home occupations. (g) AccessOry buildings and acceseory uses. (h) All agricultural uses which consist of the raising of crops: provided the raising of poultry may be conducted for home use only and provided no dairy farm or stock farm or chicken farm shall be established unless and until a use permit shall firet have been obtained therefore, and provided further that there shall be no raising or keeping of hogs for other than domestic use in any R-1 district, except by use permit. (i) The following uses subject to the obtaining of a use permit for each such use: 1. Clubs, lodges, and grounds for games and sports. 2. Social, recreational and community buildingse 3. Public utility uses, including railroads and their facilities, (except railroad yards), water and sewage works, telephone exchanges, transformer stations. 4. Governmental buildings. Required lot area and width. Each lot in a mobile home subdivision shall be not less than seven thousand squ&re feet in area and fifty feet in width measured at the front building line, said line to be thirty feet from the front property line, except that a lot for a double wide mobile home shall not be less than sixty feet wide. Required side yards. Each lot shall have a side yard of seven and one-half feet except where a side yard is adjacent to a public street then such side yard shall be thirty feet, R.equired rear yard. Each lot shal1 have a minimu~ rear yard of thirty feet. Greenbelt. A mobile home subdivision shall have a greenbelt planting strip not less th~n twenty feet in width, along all subdivision boundaries which do not include public streets or natural flood plains or drainage areas. ~ Subdivision plat. Every mobile home subdivision shall have a minimum size of five acres and the subdivision plat required under the provisions of this section shall, except as provided herein, comply with the provisions of Chapter 16 of the Code of the County of Chesterfield and if not sooner submitted, shall be submitted with each zoning application requesting an MH-2 district classification. AN ORDINANCE to amend and re=enact Chapter 17, Section 17-6 of the Cods of the County of Chesterfield, Virginia, by specifying R district uses, and by specifying front yard and side yard requirements. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: That Chapter 17, Section 17-6 of the Code of the County of Chesterfield, Virginia, be and it is hereby amended and re-enacted to read as follows: Section 17-6. C-1 Districts. The following regulations'shall apply in all C-1 districts: Uses ~ermitted. ' (a) Ail uses permitted in any contiguous R-A, R-1 or R-2 district. (b) Neighborhood service uses, such as retail food and produce stores, drug stores, bakeries and confectioneries, including the manufacture of bakery and confectionery goods for on-site retail sale only, cleaning establishments, shoe repair shops, barber and beauty shops, automobile service stations but no public garages, and other neighborhood service uses which in the opinion of the Board of Supervisors are similar in character to those enumerated, determined by c~nsideration of the board upon the application made for a use permit to establish such service, provided that no area of any lot outside of a building on such lot shall be used for the keeping or storage of any materials or waste incidental to a business use unless such area be enclosed within a solid fence not less than six feet in height. (c) Business and professional offices. (d) Theaters, but not including "drive-in" theaters. (~) Automobile parking space appurtenant to one or more business establishments in the district. (f) One mobile home, provided that the use of said mobile home for dwelling purposes shall be limited to the owner or operator of the business being conducted on said property. Required lot .area. No requirement, except that no residential use which is permitted in an R-2 district shall be located in a C-1 district on a lot having an area or width less than that required for such use in an R-2 district. Percentage of lot coverage. No requirement, except that any residential use which is permitted in a C-1 district shall conform to the lot coverage regulations for that use in an R-2 District. Yards rec~u.ire~ ~enerally. (a) Any residential use which is permitted in an R-2 district shall conform to all yard regulations specified for the use in an R-2 district. (b) Any commercial building containing one or more family dwelling units shall maintain side and rear yard and court dimensions for that portion of such building in which the family dwelling unit or units are located,, which side and rear yard and court dimensions shall not be less than those specified for an R-2 district. (c) The following regulations shall apply in all uses in C-1 districts which are not permitted in R-2 districts. Front yard. (a) Each lot in a C-1 district which district occupied the entire frontage of a blbck shall have a front yard not less than twenty-five feet in depth. (b) Each lot in a C-1 district which adjoins an R-A, R-1 or R-2 district in the same block shall have a front yard equal to that required for the lots in such R-A, Ral or R-2 district in that block. ~i Side ~ard. :~ None, except: <· (a) Each corner lot in a C,1 district shall have a side yard on the street side of such lot, which yard shall not be less than ten feet in width. il (b) Each lot in a C-1 district, which lot adjoins a lot in any R-A, R-1 or R-2 district, shall have a side yard on the side of such adjoining lot such R-A, R-1 or R-2 district, which yard shall not be less than seven and one-half feet. Rear ~ard. On each lot in a C-1 district whihh has a rear lot line in common with any lot line of a lot in a R-A, R-1 or R-2 district there shall be a rear yard of not less than fifteen feet in depth. AN ORDINANCE to amend and re-enac~ Chapter 17, Section 17-7 of the Code of the County of Chesterfield, Virginia, by deleting therefrom paragraph (i) permitting the location of mobile homes and parks, and adding a new paragraph (i) providing for the location of individual mobile homes in a C-2 district under certain conditions. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA~ That Chapter 17, Section 17-7 of the Code of the County of Chesterfield, Virginia, be and it is hereby amended'by deleting Paragraph (1) under uses permitted and by adding thereto a new paragraph (i) as follows: Section 17-7. C-2 districts. The following regulations shall apply in all C-2 districts: Us.es permitted. (a) Ail uses permitted in C~1 districts. (b) Stores for the conduct of any retail or wholesale business. (C) Public garages. (d) Dancing schools and dance halls, bowlings alleys and other commercial recreational uses. (e) Carpenter and plumbing shops, tinsmith shops, upholstery shops, electrical shops, and uses which, in the opinion of the Board of Supervisors upon the application made for a use permit to establish such service. (f) Junk yards, but only when conducted entirely within an enclosure of not less than six feet in height and a solidity of not less than 50 per cent of its surface: such enclosure shall be located at least one hundred feet from anypublic highway. (g) Tourists courts and hotels. (h) The use of power-driven machinery incidental to any use permitted in the district. Required lot area. No requirement, except that any residential use established in a C-2 district and also allowed in an R-2 district shall conform to the lot area requirements for that use in an R-2 district. Percentage of lot coverage. No requirement except that a~y residential use established in a C-2 district and also a11~ in an R-2 district shall conform to the lot coverage requirement for that use in an R-2 district. Yards rec~uired. Same as specified in C-1 districts. AN ORDINANCE to amend and re-enact Chapter 17, Section 17-7 of the Code of the County of Chesterfield, Virginia, by adding a new section, Section 17-7.1, a C-T district, providing for travel trailer parks subject to regulations governing required park area and width, required fro~ side and rear yards, density, spacing and recreational area requir~ents, and placement, parking, driveway and accessability to state highways requirements. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: That Chapter 17, Section 17-7.1 of the Code of the County of Chesterfield, Virginia, be and it is hereby enacted to read as follows: Section 17-7.1. C-T districts. The following 'regulations shall apply in all C-T districts= .U. ses P. er~i~.£ed. (a) Travel trailer parks. (b) Accessory buildings and uses. .Required park area. A travel trailer park ~all~ha~.a minimum ~of~'t~r~e 'a~cres.~ .~'. .:. . Required. park access. A travel trailer park of more than ten acres shall have more than one street access. ii Front ~ard re.~uired. Any yard of a travel trailer park adjacent to a public street shall be fifty feet, said distance to be measured between the front property line and the nearest travel trailer or other structure. Sade yard and rear ~ards required. The minimum side and rear yards of a travel trailer park shall be fifteen feet, said distance to be measured between the park property line and the nearest ~. travel trailer or other structure. Except along park property lines which are adjacent to a natural drainage area, side and rear yards shall include a solid screen, fence, or landscape planting having a height of not less than five nor more than six feet. D. ensity requirements. Intensity of development shall be limited to no more than seventeen travel trailers per acre of gross park area. Each site or space for an individual travel trailer shall not be less than fifteen hundred square feet exclusive of driveways. Spacing. Xe~u. ire~ents. Travel trailers shall be placed in spaces so that, at the nearest point, they shall be at least sixteen feet from any other travel trailer, or attachment thereto, or other buildings. ~.ec.reational area required. At least ten per cent of the gross park area shall be designated and reserved for suitable recreational area. Fifty per cent of such areas shall be out- side of any established flood plain and shall have a slope of not more than five per cent. ~.lacement. Ail traVel trailers must be placed in a designated travel trailer space and must not overhang, or obstruct the use of, a~.driveway, walkway or public utility easement. - Driveways. All travel trailer spaces shall abut upon a driveway of not less than twenty- four feet in width except that if the driveway is one way in which case the driveways shall be twelve feet in width. Driveway parking is prohibited. Driveways must have unobstructed access to a public street or highway. Ail driveways shall be of hard surface, dustless construction. ?lot plan required. Every application for the construction, operation, maintenance and occupancy for a travel trailer park shall be accompanied with plans and specifications fully setting out the trailer spaces, the position of each travel trailer, ' motor vehicle pakking spaces, the driveway giving access thereto, and a plan of landscaping. Before any permit is issued for a travel trailer park and the use thereof, the plans and specifications shall first be approved by the County Planning Department, taking into account all of the provisions as set out herein a~ove, as well as such special conditions as may be imposed by the Board, and provided further that said plans and specifications are in accordance with state regulations governing trailer parks. AN ORDINANCE to amend and re-adopt Chapter 17, Section 17-8 of the Code of Chesterfield, Virginia, by specifying uses permitted in an M District. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: That Chapter 17, Section 17-8 of the Code of the County of Chesterfield, Virginia, be and it is hereby amended and re-enacted to read as follows: Section 17-8. M Districts. The following regulations shall apply in all M districts: Uses permitted. All uses, except those specified for TH-l, MH-1, MH-2 and C-T districts, provided, however, that none of the following uses shall be established in any M district, unless and until a use permit for each such use shall first have been obtained therefor from the Board of Supervisors, subject to the regulations that are specified in this chapter, or in the opinion of the Board of Supervisors, is necessary to protect and promote the public health, safety and morals and general welfare of the people of this county. Distillation of bones. Dump. Fat rendering. Manufacture of acid cement, explosives or fireworks (or storage of same), fertilizer, gas glue, gypsum, lime or plaster of Paris.' Reduction, canning processing or treatment of animal products of any kind. Smelting of copper, iron, tin, zinc, or other ores. Sand, clay and gravel pits, granite quarries, mines and other operations for the mining of materials and removal of natural earth resources from the earth or subsoil. And all other uses which, in the opinion of the Board of Supervisors, are similar to the foregoing and might be objectionable by reason of o~or, dust, smoke, fumes, gas or noise. AN ORDINANCE to amend and re-enact Chapter 17, Section 17~9 of the Code of the County of Chesterfield, Virginia, by amending uses permitted, paragraph (g), by substituting mobile home for house trailer. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD%~ VIRGINIA: That Chapter 17, Section 17-9 of the Code of the County of Chesterfield, Virginia, be' and it is hereby amended and re-enacted to read as follows: Section 17-9. A districts. The following regul&tions shall apply in all A districts: Uses Permitted. (a) Same as specified for R-1 districts. (b) Farming, dairy farming, livestock and poultry raising, including all buildings necessary to such use and the keeping, storage, or operation of of any vehicle or machinery necessary to such use. (c) Forestry operations and saw mills together with incidental uses thereof. (d) The sale or offering for sale, by the owner or tenant of any form of goods produced on said farm. The construction of a stand or shelter for this purpose on highway frontage of any such farm shall be a permitted use. (e) Sand, clay and gravel pits, granite quarries, mines and other operations for the mining of materials and removal of natural earth resources from the earth or subsoil, subject to the regulations that are specified in section 17-11. (f) Such other uses as may be granted .by the governing body upon applications to the Board of Supervisors. Such use to be governed by restrictions applicable to such uses. (g) Mobile homes~ provided, that a ~e permit is obtained from the Board of Zoning Appeals, which permit shall specify the location of such mobile home on the premises and assure compliance with health and sanitary requirements of the County. The permit shall be valid for a period not to exceed two years. At the expiration of the time specified on the permit, a new application may be made for a new use permit. The Board of Zoning Appeals may take action on such application without prior notice being published in a newspaper on the date the Board will act on such application and no notice to adjoining land- owners shall be required unless directed by the Board of Zoning Appeals. (h) County-owned sanitary landfilll operations having a lot area not less than fifty acres. ~e~ulations governing location of buildings. (a) No building shall be located closer to the nearest side line of any state highway than a distance of fifty f~et. (b) No dwelling shall be located closer to the side property line of the parcel of land on wh%~h sqch ~welling.$s situated than a distance of ten fee~ nor closer to any o=ner owelllng on =ne same ~arcel of land than a distance of twenty feet. (c) No commercial building shall be located closer to the side property line of the parcel of land on which such building is situated than a distance of fifteen feet, nor closer to any dwelling on the same arcel of land tha a distance of twenty feet. P n AN ORDINANCE TO amend and re-enact Chapter 17, Section 17-16, subsection (e), of the Code of the County of Chesterfield, Virginia, substituting the word mobile home for house trailer as it appears therein. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: That Chapter 17,' Section 17-16 of the Code of the County of Chesterfield, Virginia, be and it is hereby amended as follows: Section 17-16. Nonconforming uses. The following regulations shall apply to all nonconforming uses existing at the time of the adoption of the ordinance from which this chapter derives, and to all nonconforming uses in districts hereafter changed and in districts hereafter established: (a) If, at the time of enactment of the ordinance from which this chapter derives, any lot, building or structure is being used in a character or manner or for a purpose which does not conform to the provisions of this chapter, and which is not prohibited by some other provision of this Code or ordinance of the County, such character or manner of use or purpose may be con- tinued and no change of title or possession of any such lot, building or structure shall be construed to prevent the continued nonconforming use of such lot~ building or structure as hereinbefore provided. Any such non- conforming use which is not otherwise unlawful and ~xcept as otherwise provided in this chapter may be hereafter extended, throughout any part of a building or structure which was manifestly arranged or designed for such use at the time of enactment of the ordinance from which this chapter derives. The Board of Zoning Appeals may grant in their discretion the privilege of an extension of the area of the present building. (b) No building, structure or premises in which a nonconforming use is abandoned for a period exceeding one year or is superseded by a ~ermitted use, subsequent to the enactment of the ordinance from which this chapter derives, shall again be devoted to any prohibited use. (c) Any nonconforming building or structure which is hereinafter damaged to an extent exceeding fifty percent of its then reproduction value exclusive of foundations by fire, flood, explosion, earthquake, war, riot, storm or so-called act of God, may not be restored, reconstructed and used for any other than a purpose permitted under the provisions of this chapter governing the district in which the building or structure is located. (d) Nothing in this chapter shall prevent the strengthening or restoration to a safe or lawful condition of any part of a building or structure declared unsafe or unlawful by the building inspector, thechief of fire department or any other 'duly authorized county official% (e), No mobile home located on any premises in violation of the regulations of this chapter or any amendments thereto shall be permitted to remain on such premises for a period in excess of one year from the date the owner, lessee or occupant of such mobile home is notified by the executive secretary of the Board of Supervisors that the location of same is not permitted under this chapter. At the expiration of such period, the mobile home shall be removed unless the location thereof complies with the terms of this chapter and any amendments thereto. Ayes-Mr. Homer, Mr. Browning, Mr. Ruffin, Mr. Dietsch, Mr. Martin, Mr. Purdy. Mr. Zane Davis comes before the Board explaining the construction of a new mobile home court on Route 10 and requested a Variance from the Plumbing Code to eliminate the "P" trap regulations on trailers. He states that in the City of Richmond they have allowed two parks to be constructed without the "P" trap, that he will guarantee that every mobile home in his park will have adequate trappings, that the State Health Department inspects "P" traps and that this would be an unnecessary expense and waste of money. Mr. Mumma, Building Inspector and Mr. Paul Emanual, Plumbing Inspector, states that most mobile homes use a flexible fitting with the joints being taped and that sewer gas may become a real problem. On motion of Mr. Dietsch, seconded bY Mr. Martin, it is resolved that a Variance from the Building Code be granted to elim&nate the under ground "P" trap, subject to the approval of the Building Inspector on all other aspects of the construction and provided that assurance is given by Mr. Davis that all mobile homes in this court will be properly trapped. Ayes: Mr. Purdy, Mr. Dietsch and Mr. Martin. Nays: Mr. Browning and Mr. Apperson. The motion is passed. Mrs. Fern Mertens and Mrs. Charles Crum~ome before the Board requesting a Variance on a tract of land adjacent to Genito Estates Subdivision and it was generally concluded that this matter be referred to the Planning Commission after the property has been properly divided' as shown on a plat. On motion of Mr. Purdy, seconded by Mr. Martin, it is resolved that the following water contracts be and they hereby are approved: WT1-31CD Genito Road $7,720.00 WT1-33D Shenandoah, Portion of Sec. "D" 15,533.10 W71-35D Glen Con~er, Section "C" 7,400.00 On motion of Mr. Purdy, seconded by Mr. Apperson, it is resolved that the following sewer contracts be and they hereby are approved: S71-7CD - Clan Conner Section "C" S71-15D - Shenandoah, Portion Section S71-16D - Belmont Hills, Sections A And B, Portion Phase II STl-18D - Belmont Parkway Apartments, Phase I S71-17D - Falling Creek - Grahamwood Road There was presented a summation of the cost of extending water service to a portion of Qualla Road, the entire cost of which would be $44,800.00. After much discussion of the benefits accruing to the County and the subdivider, it is on motion of Mr. Purdy, seconded by Mr. Browning, resolved that County Engineer be and he is hereby authorized to install said line, provided Mr. Curtis. Rudolph will pay $12,500.00 toward said line with no rebates for connectioBa. On motion of Mr. Dietsch, seconded by Mr. Browning, it is resolved that this Board awards a contract to the R. G. Martz Construction Corporation, who submitted the low bid of $74,097.50 for constructing the new Manchester Fire Station, with the understanding that this project will be completed in one hundred and twenty (120) days. There was presented a request signed by Mr. Latane T. Jenkins for a Variance from the subdivision ordinance to allow the construction of a dwelling on a parcel of land fronting on the south, line of Kingsland Road, 94.09 feet, being now owned by James C. Lunsford. On motion of Mr. Apperson, seconded by Mr. Purdy, it is resolved that a Variance be granted for the construction of a dwelling on said parcel, provided that a suitable widening strip is dedicated and provided further that Mr. Luns~ord be informed that there will be no additional building permits granted on his property unless it be subdivided. The problem of Mrs. Burton Ellis' complaint concerning the subdivision of land at the intersection of Strathmore Road and Westwood Street comes before the Board. Mr. Apperson cites that he has asked the Commonwealth,s Attorney to rule on the legality of the Planning Commission,s action in approving this plat tentatively. Mr. Rudy, Commonwealth,s Attorney, states that he has given the matter great consideration and recommends that the plat again be submitted to the Planning Commission whose members now have full knowledge of the rules governing sub- divisions. Upon further consideration and on motion of Mr. Apperson, seconded by Mr. Browning, it is resolved that the Planning Commission be asked to review the subdivision of Glen Coiner, Section "C", in light of the complaint received. Mr. James Wiley Severt comes before the Board requesting a Variance to build a dwelling on a parcel of land facing Br&nkley Road and states that the road is dedicated 50 feet wide but has not been improved. Upon consideration whereof, and on motion of Mr. Purdy, seconded by Mr. Apperson, it is resolved that a Variance be granted to Mr. Severt who owns Parcels A.B and C, Tax Map 81-10 to allow the construction of a dwelling with the provision that the County assumes no obligation to construct or maintain this road. It is under- stood that the road is 50-ft. wide or additional land will be granted to make said road 50-ft. wide. On motion of Mr. Browning, seconded by Mr. Purdy, it is resolved that the Judge of Circuit Court be requested to appoint Mr. Coyle LeRoy Oldham as Dog Warden and Special Police for the County of Chesterfield. On motion of Mr. Purdy, seconded by Mr. Apperson, it is resolved that the School budget for the year 1971-'72 be amended as follows: Reduce the expenditures 6f the following items: 41-411-135.1, Other Adm. Staff $7,350.00 41-411-135.2 Clerks 8,076.00 41-461-135.1 Staff 3,853.00 Increase: 41-411-299.3 15,426.00 41-461-299.0 3,853.00 And be it further resolved, that in thebudget for the Central Accounting Depart- ment and the General Fund Item 11-016-109.0, be increased $19,279.00 and li-000-955.7-reimbursement for school services, be increased $19,279.00. On motion of Mr. Browning, seconded by Mr. Purdy, it is resolved that the sum of $25,200.00 be appropriated from the unappropriated surplus of the General Fund to the following accounts: $3,500 to Compensation of Jurors - 11-051-121.0 300 to Collection Costs, 11-032-241.0 2,800 to Comp. issuing taga 11-033-150.0 1,000 to Issuing County Warrants, 11-052-199.0 5,000 to Travel, 11-061,220.0 and 9,100 to Motor Vehicles Repl., 11-061-400.1 3,500 to Fire truc~ repairs, 11-071,215.0 On motion of Mr. Browning, seconded by Mr. Purdy, it is resolved that the sum of $7,150.00 be transferred from the unappropriated surplus of theEttrick Sanitary District Fund to the following accounts= $1,000 to Repairs & Maintenance, 31-201-215.0 $1,300 to. Sewer Service cost, 31-201-226.0 $2,400 to Construction Contracts, 31-201-234.0 $2,450 to Repl. Motor Vehicles, 31-201-400.1 There was cited the fact that the budget for the Primary roads of the Highway Department originally presented has been passed by the Highway Commission and is adopted. On motion of Mr. Dietsch, seconded by Mr. Purdy, it is resolved that the erroneous tax claims be and they hereby are approved for payment: Clyde G. Goode, et al Assessment for first half of 1971 $3.10 Allen L. Woodfin & Margaret A. Woodfin First half of 1971 8.68 Herbert R. Crowder First half of 1971 9.30 G. Dallas Coons First half of 1971 21.70 Herbert R. Crowder First half of 1971 9.30 Herbert R. Crowder First half of 1971 9.30 Charles W. Cole First half of 1971 22.01 On motion of Mr. Martin, seconded by Mr. Dietsch, it is resolved that the Director of Gemeral Services be allowed to rent one of the Fair Buildings for a Charity Bebefit to be given by the Gamma Pi Epsilon S~r~rSty. There was presented a recreation report citing the fact that six (6) play- ground centers were opened on June 14th. On motion of Mr. Purdy, seconded by Mr. Dietsxh, it is resolved that a Variance from the subdivision ordinance be granted to Mr. Herman Smith, Jr'. to allow the construction of a dwelling on a private road leading to Route 1147, with the understanding that any further land development on this original tract of land would require a subdivision plat. WHEREAS, the Chesterfield County Nursing Home is providing dedicated, con- cerned care to the aged and ill in our community, and Whereas, as a long-term health care facility, the Chesterfield County Nursing Home has assumed a leading role in upgrading the standards of services for the elderly, chronically ill andconvalescent persons, many of whom have outlived family and friends and need community contact and understanding; and WHEREAS, The Chesterfield County Nursing Home is a member of the American Nursing Home Association and Virginia Nursing Home Association, and its staff is providing the highest quality care for its patients as exemplified in the theme "Nursing Home-We Care", for National Nursing Home Week, June wp-26th. NOW, THEREFORE, BE IT RESOLVED, on motion of Mr. Browning, seconded by Mr. Apperson, that this Board of Supervisors urges all citizens to show that "They Care" about the elderly and ill in this Community by visiting the Chester- field County Nursing Home during the week of June 20=26, 1971. On motion of Mr. Apperson, seconded by Mr. Dietsch, it is resolved that the Executive Secretary be and he hereby is authorized to sign a request for Federal support for upgrading the Probation Office. And be it further resolved, that the sum of $2,700.00 be and it hereby is appropriated to the Probation Department to match Federal and State programs. On motion of Mr. Browning, seconded by Mr. Purdy, it is resolved that the following five (5) men be and they hereby are appointed to the Chesterfield Open Spaces committee: Dr. George Ray Partin - Matoaca Mrs. Roger Stone - Bermuda Mr. Fred Jurgens - Midlothian Mr. Carl Wise - Director, Recreation Mr. Michael Ritz - Director, Planning There are two names yet to be appointed on this Commission. On motion of Mr. Purdy, seconded by Mr. Apperson, it is resolved that this Board go into Executive Session to discuss a legal problem. Reconvening: It is on motion of Mr. Browning, seconded by Mr. Purdy, resolved that this Board adjourns at 7:50 P.M. to 7:00 P.M.. on June 28, 1971. Executive Secretary