STAFFORD COUNTYChapter 28  ZONING ORDINANCE*__________*Editor's note:  Ordinance No. 094-29, adopted Aug. 9, 1994, repealed Ch. 28 in its entirety. Formerly, Ch. 28 consisted of §§ 28-1--28-7, 28-21--28-33, 28-46--28-58, 28-70--28-74, 28-86--28-93, 28-101, 28-116, 28-126--28-131, 28-141--28-143.1, 28-144--28-146, 28-156--28-171.3, 28-172--28-181, 28-186--28-207, 28-211--28-225.1, 28-226--28-232, 28-241--28-254, 28-266--28-270, 28-286--28-293.1, 28-294--28-306, and 28-321--28-331, all of which pertained to zoning. See Code Comparative Table in this Code for specific derivation thereof. Ordinance No. 094-29 also adopted a new Ch. 28, §§ 28-101--28-108, 28-201--28-206, 28-301--28-310, 28-401--28-413, 28-501--28-506, 28-601--28-607, 28-701--28-707, 28-801--28-815, 28-901--28-909, 28-1001--28-1007, 28-1101--28-1105, 28-1201--28-1208, 28-1301--28-1305, 28-1401--28-1419, 28-1501--28-1508, 28-1601--28-1605, 28-1701--28-1706, 28-1801--28-1804, and 28-1901--28-1913. Said sections have been renumbered in order to conform to the numbering style of this Code. See history note following each section for specific derivation thereof.  Cross references:  Planning commission, § 2-16 et seq.; buildings and building regulations, Ch. 6; location of perpetual care cemeteries with respect to residences, § 8-17; erosion and sediment control, Ch. 11; fire prevention and protection, Ch. 12; solid waste, Ch. 21; subdivisions, Ch. 22; vegetation, Ch. 24; water, sewers and sewage disposal, Ch. 25; wetlands zoning ordinance, § 27-16 et seq.  State law references:  Zoning, Code of Virginia, § 15.1-486 et seq.; codification of zoning ordinances, § 15.1-37.3.  __________Art. I.  Purpose and Authority, §§ 28-1--28-20Art. II.  Definitions and Construction, §§ 28-21--28-30Art. III.  General District Use Regulations and Standards, §§ 28-31--28-50Art. IV.  Planned Development and Overlay District Regulations, §§ 28-51--28-70Art. V.  Residential Cluster Provisions, §§ 28-71--28-80Art. VI.  Buffer Yards, Landscaping, Screening, and Outdoor Lighting, §§ 28-81--28-100Art. VII.  Parking, Loading, Road and Access Requirements, §§ 28-101--28-120Art. VIII.  Signs, §§ 28-121--28-140Art. IX.  Addressing, §§ 28-141--28-160Art. X.  Conditional Zoning, §§ 28-161--28-180Art. XI.  Permits, §§ 28-181--28-200Art. XII.  Amendments to Zoning Maps, §§ 28-201--28-220Art. XIII.  Generalized Development Plans, §§ 28-221--28-240Art. XIV.  Site Plans, §§ 28-241--28-270Art. XV.  Nonconformities, §§ 28-271--28-290Art. XVI.  Administration, §§ 28-291--28-310Art. XVII.  Enforcement, §§ 28-311--28-330Art. XVIII.  Amendments to Text, §§ 28-331--28-340Art. XIX.  Board of Zoning Appeals, §§ 28-341--28-353

ARTICLE I.  PURPOSE AND AUTHORITY

Sec. 28-1.  Short title.This chapter of the Code of the County of Stafford, Virginia, may also be known as the

"Stafford County Zoning Ordinance," or simply the "zoning ordinance."(Ord. No. 094-29, § 28-101, 8-9-94)

Sec. 28-2.  Purpose.The purpose of this chapter is to promote the health, safety, and general welfare of the

residents of Stafford County, Virginia, and to accomplish the objectives and purposes of § 15.1-427 and the provisions of article 8, chapter 11, title 15.1 of the Code of Virginia.(Ord. No. 094-29, § 28-102, 8-9-94)

Sec. 28-3.  Authority.The provisions of this chapter are adopted pursuant to the authority of the Code of

Virginia (1950), as amended.(Ord. No. 094-29, § 28-103, 8-9-94)

Sec. 28-4.  Applicability.(a)   No building, structure, or land within the jurisdictional territory of Stafford County, Virginia, shall hereafter be used, changed in use, developed or occupied, and no building or structure, or any part thereof, shall hereafter be erected, constructed, re-constructed, moved, or structurally altered, except in conformance with the regulations specified in this chapter.(b)   No yard or lot existing at the time of the adoption of this chapter shall be reduced in dimension or area below the minimum requirements set forth in this chapter. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter, subject to the provisions of § 15.1-492 of the Code of Virginia.(Ord. No. 094-29, § 28-104, 8-9-94)

Sec. 28-5.  Repeal.Chapter 28 as in effect prior to [August 9, 1994,] the date of adoption of this chapter is

hereby repealed, and replaced by this chapter.(Ord. No. 094-29, § 28-105, 8-9-94)

Sec. 28-6.  Conflict of provisions.If any portion of this chapter is in conflict with a Virginia statute, the Virginia statute shall

prevail. If any portion of this chapter is in conflict with another portion of this chapter, or with another section of the Stafford County Code, the more restrictive provision shall prevail.(Ord. No. 094-29, § 28-106, 8-9-94)

Sec. 28-7.  Severability.If any part of this chapter, or the application thereof to any person, property, or

circumstance is held invalid by a court of competent jurisdiction, the remainder of this chapter and its application to other persons, property, or circumstances shall not be affected.(Ord. No. 094-29, § 28-107, 8-9-94)

Sec. 28-8.  Effective date.This chapter of the Stafford County, Virginia, Code shall become effective on January 1,

1995.(Ord. No. 094-29, § 28-108, 8-9-94)Secs. 28-9--28-20.  Reserved.

ARTICLE II.  DEFINITIONS AND CONSTRUCTION

Sec. 28-21.  Purpose and intent.The purposes of this article are to establish the methods of construction and

interpretation of this chapter and zoning boundaries within Stafford County, and to define certain words as they are used in the context of this chapter.(Ord. No. 094-29, § 28-201, 8-9-94)

Sec. 28-22.  Rules of construction.(a)   Generally.  All provisions, terms, phrases and expressions contained in this chapter shall be liberally construed in order to carry out the purposes set forth herein. Terms used in this chapter, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of the Commonwealth of Virginia for the same terms.  (b)   Abbreviations.  When the following abbreviations are used in or in reference to this chapter they shall have the following meanings:  ac..........acreden..........densitydu..........dwelling unitFAR..........floor area ratioft..........feetGD..........gross densityOSR..........open space ratioSF..........single familysq. ft...........square feet(c)   Delegation of authority.  Whenever a provision appears requiring the head of a department or some other county officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize professional-level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.  (d)   Gender.  Words reflecting one gender shall be construed to include the other gender as the context may suggest.  (e)   Number.  Words reflecting the singular shall include the plural and the plural shall include the singular, as the context may suggest.  (f)   Nontechnical and technical words.  Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.  (g)   Shall, may.  The word "shall" is mandatory; the word "may" is permissive.  (h)   Tense.  Words used in the past or present tense include the future as well as the past or present.  (i)   Written or in writing.  The term "written" or "in writing" shall be construed to include any graphic representation of words, letters or figures, whether by printing or otherwise.  (j)   Computations of time.  Computations of time required under the zoning ordinance [this chapter] shall be made in accordance with these principles:  (1)   The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or a legal holiday, that day shall be excluded.(2)   The word "month" shall be construed to mean thirty (30) days.(3)   The word "week" shall be construed to mean seven (7) days.(4)   The word "year" shall mean a calendar year, unless a fiscal year is indicated.(Ord. No. 094-29, § 28-202, 8-9-94)

Sec. 28-23.  Boundary interpretations.Interpretations regarding boundaries of land use districts on the land use district map

shall be made in accordance with the following:

(1)   Boundaries shown as following or approximately following any right-of-way shall be construed as following the centerline of the right-of-way;(2)   Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such lines;(3)   Boundaries shown as following or approximately following the shorelines of any water body shall be construed as following the mean low water line of such water body;(4)   Boundaries shown as approximately following the boundaries of the county shall be construed as following such boundaries;(5)   Boundaries shown as following railroad lines shall be construed as following the midpoint between the main tracks;(6)   Boundaries shown as separated from and parallel or approximately parallel to any of the features listed in the paragraphs above shall be construed to be parallel to such features and at such distances therefrom as shown on the map; and(7)   Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map of Stafford County, or in such circumstances not covered by the subparagraphs above, the board of zoning appeals shall interpret the district boundaries.(Ord. No. 094-29, § 28-203, 8-9-94)

Sec. 28-24.  Measurements.Measurements required under this chapter shall be made following these principles:

(1)   Building setbacks.  The distance from the outermost point of the structure, except for uncovered stairs, to the nearest point of the respective property boundary.  (2)   Height of structure.  The vertical dimension of a structure as measured from the average elevation of the finished grade within twenty (20) feet of the structure to the highest point of the structure. The height limitations contained in Table 3.1 shall not apply to spires, belfries, cupolas, antennas, communication towers, silos, barns, water towers, ventilators, chimneys, monuments, flag poles or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.  (3)   Lot, depth of.  The mean horizontal distance between the front and rear lot lines.  (4)   Lot, frontage of.  The dimension of a lot measured along the front lot line thereof. If the front lot line is curvilinear, the lot frontage is to be measured on the chord of the arc. Lot frontage shall be a minimum of eighty (80) percent of the designated lot width. Lots on any cul-de-sac shall have a minimum frontage of fifty (50) feet. Pipestem, commercial and industrial lots shall be exempt from the frontage requirement.  (5)   Lot, width of.  The horizontal distance between the side lot lines, measured at the front building line. If the front building line is curvilinear, the lot width is to be measured on the chord of the arc parallel to the front lot line.  (6)   Sign, area of.  The area of a sign shall be determined from its outside measurements, including any wall work incidental to its decoration, but excluding supports, unless such supports are used to attract attention. In the case of a sign where lettering appears back-to-back, that is on the opposite side of the sign, the area shall be considered to be that of only one face. In the case of an open sign made up of individual letters, figures or designs, the area shall be determined as if such display were made on a sign with straight lines or circular sides.  (7)   Sign, height of.  The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.  (8)   Permitted encroachments.    a.   In measuring yards, the following additional principles shall be applied: Porches, balconies, chimneys, eaves, outside basement entrances, and like architectural features may project not more than six (6) feet into any required yard; provided that no such features shall be located closer than six (6) feet to any lot line.b.   Attached sheds on townhouses may project no more than six (6) feet into the required rear yard, provided that such sheds are used for storage only, have no interior access to the main

dwelling, are no more than one story in height, and no more than eighty (80) square feet of such shed may project into the required rear yard.c.   The following shall apply to any deck attached to a single-family detached dwelling:Any deck with no part of its floor higher than four (4) feet above finished grade level may extend into minimum required yards as follows:1.   Front yard:  Six (6) feet, but not closer than fourteen (14) feet to a front lot line and not closer than six (6) feet to any side lot line.  2.   Side yard:  Six (6) feet, but not closer than six (6) feet to any side lot line.  3.   Rear yard:  Fifteen (15) feet, but not closer than six (6) feet to any side or rear lot line.  Any deck with any part of its floor higher than four (4) feet above finished grade level may extend not more than twelve (12) feet into any required rear yard; provided that no such deck shall be located closer than six (6) feet to any rear lot line and not closer than a distance equal to the minimum required side yard to the side lot line.d.   The following shall apply to any deck attached to a single-family attached dwelling:Front yard:  No extension.  Side yard:  No extension.  Rear yard:  Twelve (12) feet, but not closer than six (6) feet to the rear lot line and not closer to any side lot line than a distance equal to the minimum required side yard.  e.   Attached vestibules in the B-1, B-2, B-3, M-1, and M-2 zoning districts, no greater than sixty-five (65) square feet, may project into any required setback provided that the vestibule is no closer than twenty-five (25) feet from a road right-of-way.f.   No building or structure shall be permitted within any public easement or right-of-way without written consent by the holder of the easement or right-of-way.(Ord. No. 094-29, § 28-204, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 096-45, 10-1-96; Ord. No. 001-57, 11-20-01; Ord. No. O05-23, 6-21-05; Ord. No. O08-38, 6-17-08)

Sec. 28-25.  Definitions of specific terms.When used in this chapter, the following terms shall have the meanings herein ascribed

to them:Abut.  To physically touch or border upon, or to share a common property line; or to be

located immediately across a street or right-of-way.  Access, vehicular.  A means of vehicular approach or entry to or exit from a property,

street or highway.  Access, secondary.  A means of vehicular or non-vehicular approach or entry to or exit

from a property, from a source other than a public street or highway (such as an alley).  Accessory use or structure.  A use or structure that is subordinate in area, extent and

purpose to and serves a principal use or structure; contributes to the comfort, convenience or necessity of the occupants of the principal use or structure served; and is located on the same lot under the same ownership and in the same land use district as the principal use or structure. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the district in which the principal use is located, and in no event shall an accessory use be established prior to the principal use to which it is accessory. 

Adult business.  Any adult bookstore, adult video store, adult model studio, adult motel, adult movie theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matter relating to specified sexual activities per section 4-100 of the County Code or specified anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons. 

Adult day care center.  A building or suite within a building, other than a residence, designed to provide care, protection and guidance to semi-independent adults, where overnight care is not provided. 

Adult entertainment.  Dancing modeling or other live entertainment if the entertainment is characterized by an emphasis on specified sexual activities per section 4-100 of the County Code or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons; or the showing of films, motion pictures, videotapes, slides, photographs, CD-ROMs, DVD-ROMs, streaming video, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. 

Adult merchandise.  Magazines, books, other periodicals, videotapes, films, motion pictures, photographs, slides, CD-ROMs, DVD-ROMs, virtual reality devices, or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specific sexual activities per section 4-100 of the County Code or specified anatomic areas; instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs; or, lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices. 

Adult model studio.  A commercial establishment, including a lingerie store or novelty store, in which a person performs or stimulates specified sexual activities per section 4-100 of the County Code, exposes specified anatomical areas, or engages in other performances intended for the sexual stimulation or titillation of patrons. 

Adult motel.  A motel, hotel, or similar commercial establishment that:  (i)   Provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities per section 4-100 of the County Code or specified anatomical areas and advertises the availability of this sexually-oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, internet web pages; or(ii)   Offers a sleeping room for rent for a time period less than ten (10) hours; or(iii)   Allows a tenant or occupant to sub rent the sleeping room for a time period of less than ten (10) hours.

Adult movie theater.  An enclosed building regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities per section 4-100 of the County Code or specified anatomical areas for observation by patrons, excluding movies that have been rated "G", "PG", "PG-13" "R", or "NC-17" by the Motion Picture Association of America. 

Adult nightclub.  A restaurant, bar, club, or similar establishment that regularly features adult entertainment. 

Adult store.  An establishment dealing in adult merchandise as a principle portion of its business. 

Agent.  The county administrator or his designee.  Agricultural lands.  Any parcel of land used for the purpose of agriculture, as defined

herein.  Agricultural service establishment.  The use of land, buildings or structures for the

purposes of buying or selling commodities and services that support agricultural uses. These shall include such sales and services as welding and machinery repairs, farm drainage and excavation, contracting and trades related to farm buildings and structures, and custom spray, tillage, planting and harvesting services. 

Agriculture.  Agricultural uses to include farms (and farm residences), the tilling of soil, the growing of crops, horticulture, forestry, orchards and truck farming; the raising of livestock, dairy cattle, horses, or poultry. Nursery operations are considered agricultural uses. 

Air navigation hazard.  An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe utilization of navigable airspace in the Commonwealth of Virginia. 

Airport elevation.  The highest point of any useable landing surface expressed in feet above mean sea level. 

Alley.  A service way providing a secondary means of access to abutting property and not intended for general traffic circulation. 

Allocated density.  The number of dwelling units or rooms allocated per gross acre by this chapter. 

Alteration.  Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, girders or interior partitions, as well as any change in windows or doors, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. 

Amateur radio service.  A radio communication service for the purpose of self-training, intercommunication, and technical investigation carried out by amateurs licensed by the federal government, that is, duly authorized persons interested in radio technique solely with a personal aim and without financial interest. 

Amphitheater.  An outdoor theater having a central open space or stage, surrounded by gradually rising tiers of seats or rising slopes or hills that can be utilized for seating. 

Ancillary use.  A use or structure permitted only in conjunction with a principal use permitted in the same zoning district. Ancillary uses cumulatively cannot exceed ten (10) percent of the gross floor area of a building or, area of a structure, of the related principal use and shall be located on the same lot as the principal use. 

Antenna, communication.  A structure designed to receive and or transmit communication signals which may be affixed and is incidental to a building or primary structure and is screened from view or installed to be compatible with the architectural integrity of the building or primary structure in accordance with section 28-88(b) of this chapter. 

Apartment.  See "dwelling, multifamily."  Apartment, commercial.  A dwelling unit that is designed and constructed in conjunction

with a commercial use and is structurally integrated into and a part of the primary structure.  The floor area for commercial apartments shall not be included in the floor area ratio calculations of nonresidential developments. Commercial apartments shall be subject to the following standards:(1)   The total area occupied by a commercial apartment(s), including access ways, balconies or patios, shall not exceed the area occupied by the nonresidential use(s) and any associated arcades, covered walks, or similar structures.(2)   Commercial apartments shall be provided balconies, patios or yards of no less than one hundred fifty (150) square feet in area; these amenities shall not be located on street-facing sides of the structure.(3)   Two (2) on-site parking spaces shall be provided to each commercial apartment.

Approach surface, airport.  A surface that is longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface, and at the same slope as the approach zone height limitation slope set forth in subsection 28-64(c)(3)b. The perimeter of the approach surface coincides with the perimeter of the airport approach zone. 

Aquaculture.  The hatching, raising, or breeding of fish or aquatic plants or animals for pecuniary gain. 

Arcade.  Establishments in which the primary use is the operation of mechanical, electronic and/or coin operated games and/or devices for the general amusement of the public, including pool halls and billiard parlors. 

Archive.  A collection or repository that properly stores a collection of written and graphic records or documents that have been selected for permanent or long-term preservation due to their enduring and/or historic value. An archive is administered by a qualified archivist or curator according to the principles of provenance, original order, and collective control to protect the materials' authenticity and integrity. 

Assisted living facility.  A facility providing shelter and services which may include meals, housekeeping, temporary nursing care and personal care assistance where the residents can maintain a semi-independent lifestyle and do not require more intensive care as provided in a nursing home. 

Attic.  That part of a building which is immediately below and wholly or partly within the roof framing. 

Automotive avocation.  An accessory use, pursued as a hobby and not for pecuniary gain, which may include the collection, storage, and restoration of vintage, antique, or collectible vehicles, or the building or rebuilding of vehicles for the purpose of racing at bonafide racing facilities. Automobile avocations shall be subject to the following standards:  (1)   Outdoor storage of inoperable vehicles or vehicle parts shall be kept covered and entirely screened from view from adjacent properties and roadways by a solid board fence and appropriate landscaping as approved by the zoning administrator.

(2)   No more than three (3) inoperable vehicles may be kept on the premises for the purpose of scavenging parts, unless kept inside a totally enclosed building.(3)   Persons conducting automobile avocation activities on their property shall not produce vibration, noise or glare which adversely affects neighboring properties.

Automobile graveyard.  Any lot or place which is exposed to the weather, upon which more than three (3) motor vehicles of any kind, incapable of being operated are placed. This shall not be construed to include automotive avocations. 

Automobile repair.  The maintenance, servicing, repair, restoration, or painting of vehicles. Uses permissible at an automobile repair establishment include those allowed at automobile service establishments, major mechanical work, engine overhaul, body work, straightening of body parts, painting, welding, storage of vehicles not in operating condition, or other work involving noise, glare, fumes, smoke, or other nuisance characteristics to an extent greater than normally found at an automobile service establishment. 

Automobile salvage yard.  Any area, lot, land, parcel, building, or structure used for the purchase, collection, storage, processing, sale, or resale of wrecked, inoperable, or abandoned motor vehicles or parts thereof. 

Automobile service.  A building or premises where gasoline, oil, grease, batteries, tires, brakes, mufflers and/or vehicle accessories may be installed, supplied or dispensed at retail. 

Awning.  A rooflike cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. 

Base flood/one-hundred-year flood/regulatory flood.  A flood that, on the average, is likely to occur once every one hundred (100) years, i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year. 

Base flood elevation (BFE).  The one-hundred-year flood elevation, expressed in feet above mean sea level, as established by the Federal Emergency Management Agency and shown on the flood insurance rate maps for Stafford County. 

Basement.  A space within a building and located partially underground, having one-half or more of its floor-to-ceiling height above the average adjoining grade of the building of which it is a part and with a floor-to-ceiling height of seventy-eight (78) inches or more. 

Basement, below grade.  Any area of the building having its floor subgrade below ground level on all sides. 

Bed and breakfast inn.  A commercial enterprise, housed in a building primarily designed as a single-family residence, where no more than ten (10) shortterm lodging rooms and meals served family style are provided. The operator of the inn shall live on the premises. 

Best management practices (BMPs).  A practice, or combination of practices, that is determined by a state or designated areawide planning agency to be the most effective and practical means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals. 

Boat sales facility.  A building structure or land used for the sales, lease or rental of boats or watercraft, boat motors, or boat trailers. 

Buffer area.  An area of natural or established vegetation managed to protect wetlands, other components of a critical resource protection area, including cultural resources, and state waters from significant degradation due to land disturbances. 

Buffer yard.  A yard improved with landscaping and screening materials required between different intensities or between adjoining land uses for the purpose of decreasing the potential impact of different uses. The buffer yard is intended to recreate or preserve native woodlands. The buffer yard is also intended to remain free of buildings, or parking areas. The minimum buffer width is generally a uniform width across the entire length of the common property line between lots on which uses are located that require a buffer yard. 

Buildable area, net (BNA).  The gross area of a parcel, excluding wetlands, slopes in excess of thirty-five (35) percent, dedicated rights-of-way, floodplains, and required open space. 

Buildable lot.  A duly recorded lot which was lawfully buildable or which complied with each and every requirement of the county's zoning and subdivision codes immediately prior to the effective date of this chapter; or, a duly recorded lot which complied with each and every requirement of the county's current subdivision regulations and this chapter. 

Building.  A structure having a roof and enclosed within exterior walls or fire walls, built, erected and framed of component structural parts, designed, maintained, or intended to be used for the shelter or enclosure of persons, animals, or of property of any kind. When a building is divided into separate parts by fire walls from the ground to the roof, each part so divided shall be deemed a separate building. 

Building, accessory.  A building detached from and subordinate to a main building on the same lot, and used for purposes customarily incidental to those of the main building. 

Building, interpretive.  An existing historic building or reconstructed cultural resource that depicts the form, features, and detailing of a nonsurviving building, site, or landscape using appropriate traditional building materials which accurately interprets the history of a place. A reconstruction will be based on the duplication of historic features and elements substantiated by documentary or physical evidence, including archaeological survey and/or archival research using primary sources, rather than on conjectural design. An interpretive building shall not be utilized as a dwelling. Reconstruction of a building or landscape, and the subsequent interpretive use, shall be regulated only to the extent necessary to protect public health and safety. 

Building line.  A line on a lot, parallel or symmetric to a lot line, located a sufficient distance therefrom to provide the minimum yards required by this chapter (also known as a "setback" or "building restriction line"). 

Campground.  A plot of ground upon which two (2) or more camp sites are located, established, or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education, or vacation purposes, and not intended for self-contained travel trailers or recreational vehicles. 

Camping unit.  Any tent, pop-up trailer, cabin, lean-to, or similar structure established or maintained and operated as temporary living quarters for recreation, education, or vacation purposes. 

Campsite.  Any plot of ground within a campground intended for the exclusive occupancy by a camping unit or units under the control of a camper. 

Car cover.  A cover designed for the purpose of protecting and screening a motor vehicle from view. This definition specifically excludes the use of plastic tarpaulins or similar materials, unless specifically modified to fit snugly on the vehicle. 

Car Wash.  A building or structure containing facilities for washing automobiles by production line, conveyor system or similar mechanical devices including self-service washing devices. 

Cellar.  A space within a building and located partially below grade, but with less than one-half of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than seventy-eight (78) inches. 

Cemetery.  Any land or structure used or intended to be used for the interment of human remains to include, but not exclusive of, burial grounds, single grave sites, and memorial cemeteries. The sprinkling of ashes on church grounds shall not constitute the creation of a cemetery. 

Chesapeake Bay Preservation Area (CBPA).  All appropriate land in Stafford County pursuant to Part III of the Chesapeake Bay Preservation Area Designation and Management Regulations, VR 173-02-01, and Section 10.1-2107 of the Code of Virginia. A Chesapeake Bay Preservation Area consists of a critical resource protection area and a land/resource management area. 

Child care center.  A building, other than a residence where ten (10) or more children are provided care, protection and guidance on a regular scheduled basis, and is subject to state licensing. 

Civic buildings and uses.  A building or area that may be a common place of destination or gathering for the purpose of providing educational, entertainment, fraternalism, worship, or community services to the public such as, but not limited to: libraries, cultural centers, museums, center for the arts, multiplex cinemas, town square, post offices, places of worship, community centers, fire stations with community rooms, and schools (public or private). For traditional neighborhood development (TND) this term shall not include tot lots, playgrounds, nonregulation or dedicated use athletic fields, or hiker-biker trails. 

Clear cutting.  Silvaculture activity in which eighty (80) percent of the top soil and stumps remain intact. This activity is intended for clearing of trees and shrubs without destruction of the top soil. 

Clear sight triangle.  A visually unobstructed area at the intersection of a street and driveway or two (2) streets as required by this chapter. 

Clinic, medical or dental.  A building or group of rooms used by more than two (2) licensed professionals listed below practicing as a group, to conduct the normal operations associated with health care providers. Those professionals include: physician, dentist, orthodontist, optometrist, ophthalmologist, chiropractor, psychologist, psychiatrist, physical therapist, and any similar profession. Patients shall be treated on an out-patient basis only. There shall be no overnight stay or treatment. 

Club/lodge/fraternal organization.  Any use of property or structure for social, service, recreational, or other gathering by an organization such as Elks, Moose, 4-H, American Legion, Lions, VFW, Masons, or similar groups and special interest organizations such as gun clubs, motorcycle clubs, etc. 

Cluster.  A development design technique that concentrates buildings in specific areas on the site to allow remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features and rural character. 

Commencement of construction.  For purposes of administering the flood hazard overlay district, for new construction, the first placement of permanent evidence of a structure on a site pursuant to a duly authorized building permit, such as the pouring of slabs or footings, or any work beyond the stage of excavation, including the relocation of the structure. Permanent construction does not include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or attached to a part of the principle structure. For a substantial improvement, "commencement of construction" means the first alteration of any wall, ceiling, floor or other structural member, whether or not the alteration affects the external dimensions of the structure. 

Commercial fishing.  The catching, landing, processing or packaging of fish and seafood for commercial purposes, including the mooring and docking of boats and/or the storage of traps or other fishing equipment. 

Commercial logging.  An activity which primarily involves the operation of timber tracts for the purpose of gathering forest products. 

Commercial retail.  A use that sells goods or services at retail which are subdivided into the following three (3) classifications:  (1)   Low-intensity  means commercial retail uses that generate less than fifty (50) average daily trips per one thousand (1,000) square feet of gross floor area as indicated by the current edition of  Trip Generation  published by the Institute of Transportation Engineers;  (2)   Medium-intensity  means commercial retail uses that generate between fifty (50) and one hundred (100) average daily trips per one thousand (1,000) square feet of gross floor area as indicated by the current edition of  Trip Generation  published by the Institute of Transportation Engineers;  (3)   High-intensity  means commercial retail uses that generate more than one hundred (100) average daily trips per one thousand (1,000) square feet of gross floor area as indicated by the current edition of  Trip Generation  published by the Institute of Transportation Engineers. 

Commercial use.  Any activity carried out for pecuniary gain.  Communication facility.  Facilities providing point-to-point communication services

whether by wire or radio, either aurally or visually, including radio, telephone and television broadcasting and the exchange or recording of messages. 

Community use.  Country clubs, golf courses and similar recreational uses conducted by property owner, homeowner or similar membership organizations. Also, community clubs or centers, amphitheaters, civic or cultural centers not in public ownership, including community swimming pools. 

Condominium.  A building or group of buildings, in which units are owned individually, and the structures, common areas, and facilities are owned by all of the owners of the units on a

proportional, undivided basis, pursuant to Chapter 4.2, Condominium Act of the Code of Virginia, 1950 (as amended). 

Condominium, commercial/industrial.  A building or group of buildings used for businesses, office, manufacturing, professional services and other commercial or industrial enterprises organized, owned and maintained as a condominium where building space is owned individually and the structure(s), common area(s) and facilities are owned by all of the owners on a proportional, undivided basis. 

Condominium, dwelling.  See "dwelling, condominium."  Conference facility.  A use which is an accessory to a hotel that includes meeting rooms

for business or professional conferences and seminars, and which may include provision for meals, recreational activities and other ancillary uses. 

Conical surface, airport.  A surface, extending upward and outward from the periphery of the horizontal surface at a slope of twenty (20) to one for a horizontal distance of four thousand (4,000) feet. 

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

Convalescent home.  See "nursing home."  Convenience center.  A retail complex typified by more than one unit, but less than ten

(10) units, designed for commercial use and with a total gross floor area of less than twenty thousand (20,000) square feet. 

Convenience store.  A high-intensity commercial retail operation which offers for sale prepackaged foods, household items, and other goods commonly associated with the same and may sell gasoline as a secondary activity and having a gross floor area of five thousand (5,000) square feet to ten thousand (10,000) square feet. 

Convention facility.  A building or group of buildings designed to accommodate three hundred (300) or more people in assembly. 

Critical resource protection area (CRPA).  That component of the Chesapeake Bay preservation area comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters. 

Cul-de-sac.  A street segment beginning at the nearest intersection with another street and having only one outlet, and ending with an appropriate turn-around area for safe and convenient reverse traffic movement. 

Cultural landscape.  A geographic area that includes cultural and natural resources associated with a historic event, activity, person, or group of people. Cultural landscapes are manmade expressions of visual and spatial relationships, including, but not limited to, historic plantations, farms, gardens and parks, cemeteries, scenic highways, industrial sites, Civil War encampments, and entire villages. 

Cut-off lighting.  Outdoor lighting from which the peak candle power is directed so that the upper extent of the light beam is not visible above thirty (30) degrees from a line perpendicular to the ground and so as not to illuminate directly any portion of a lot other than the lot on which the light is situated. 

Dance/exercise studio.  A school devoted to providing instruction in any of varied forms of dance, gymnastics or martial arts. 

DCSL.  Design and Construction Standards for Landscaping, Buffering and Screening for Stafford County, Virginia. 

Deck.  A structure extending from the outside wall of a building above ground level, whether or not its supports rest on the ground, and not sheltered by a roof or enclosed by other than a protective railing. 

Design and Construction Standards, Stafford County.  Specifications and standards as adopted by or applicable in the county relating to the construction of all physical improvements, as they may be amended or supplemented from time to time. 

Development.  The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure, any mining, excavation, landfill or land disturbance; and any use, change of use or

extension of the use of land or structure where there is an increase in parking or provision of stormwater management is required. 

Development, major.  Any nonresidential development involving construction and/or land disturbance greater than or equal to two thousand five hundred (2,500) square feet, or any residential development not subject to chapter 22 of the subdivision ordinance. 

Development, minor.  Any nonresidential development involving construction or land disturbance totaling a minimum of one thousand (1,000) square feet and less than two thousand five hundred (2,500) square feet, any change of use where additional parking is required, or any enlargement to an existing building or structure where there is no change in the construction footprint. 

Diameter at breast height (DBH).  The diameter of a tree measured outside the bark at a point four and one-half (4.5) feet aboveground. 

Director.  The director of the office of planning.  Display, motor vehicle.  The keeping of operable motor vehicles associated with a motor

vehicle sales business.  Display, outdoor.  The keeping in an unroofed area of representative retail merchandise

to be sold on-site. The area for display shall not exceed five (5) percent of the gross floor area of the building that it serves. Outdoor display areas shall not extend more than twenty-five (25) feet beyond the front of the building. 

Dripline.  A vertical projection to the ground surface from the farthest lateral extent of a tree's leaf canopy. 

Duplex.  A two-family residential structure, where the residential units may be arranged one above the other or semidetached by common footing. 

Dustless surface.  A surface adequately covered in accordance with good construction practice, with a minimum of either two (2) applications of bituminous surface treatment, concrete, or bituminous concrete. 

Dwelling, accessory.  An ancillary dwelling unit limited to such uses as a family member apartment, guest house (for occasional visits by family or friends), or maid's quarters and shall conform to the following:  (1)   An accessory dwelling shall not exceed twenty-five (25) percent of the total gross floor area of the principal dwelling unit.(2)   There shall be no more than one accessory dwelling per lot.(3)   When an accessory building is located in the principal dwelling, the entry to the unit and its design shall be such that the appearance of the building shall remain a one-family residence.(4)   An accessory dwelling shall have the same address as the principal dwelling.(5)   This term shall not include a carriage house.

Dwelling, atrium house.  An attached, one-story unit with private individual access for a single family. Each dwelling unit shall have a private yard(s) or atrium(s). A wall shall enclose the entire lot area of the atrium and house. The wall shall be at least three (3) feet in height in the rear or sides of the lot. All living spaces such as living rooms, dens, or bedrooms, shall face an atrium. Atrium houses must be located on a cul-de-sac or on an internal parking lot. 

Dwelling, attached.  A structure used as a place of residence for two (2) or more families, occupying separate dwelling units on the same lot. 

Dwelling, carriage house  . A dwelling unit with no more than two (2) bedrooms located above a detached garage on the same lot as a principal dwelling with access by an alley. The carriage house shall have a different address from the principal dwelling. 

Dwelling, condominium.  A building or group of buildings comprised of dwelling units in which the units are owned individually and the structure(s), common area(s) and facilities are owned by all of the owners on a proportional, undivided basis, or by a unit owner's association. 

Dwelling, employee.  A dwelling unit for the employee and the immediate members of their family of a business within a community or development which has restrictions as to who would be eligible to reside, if at all, in the community or development. This term shall not include accessory dwelling and dwellings for watchman or caretakers on premises. 

Dwelling, independent living unit.  A condominium unit with multiple rooms within a life care/retirement community providing independent living arrangements for the occupant(s) and may include permanent provisions for cooking. The life care/retirement community may provide

medical or social supervision for the occupant(s). The unit may be within a multifamily building or have the appearance of a single-family detached dwelling, duplex, townhouse, or weak-link townhouse. This term shall not include assisted living facility or nursing home. 

Dwelling, lot-line.  A detached, single-family residential unit located on an individual lot having a limited side yard on one side of the dwelling provided the wall of the dwelling on the side with the limited setback contains no windows, doors or other openings. A minimum five (5) feet shall be provided. The minimum side yard width between structures shall be wider than the combined minimum allowed. 

Dwelling, modular.  See "modular home."  Dwelling, multifamily.  A building containing more than two (2) dwelling units on the

same lot in which the units, building(s), common area(s) and facilities are owned by an individual person or entity. 

Dwelling, patio house.  A detached or semidetached, single-family unit with one dwelling unit from ground to roof. Each dwelling unit's lot shall be fully enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall. Walls shall be a minimum of three (3) feet in height. That portion of the yard or patio area comprising "minimum patio area" is this housing type's minimum yard area. All living spaces, such as living rooms, dens, and bedrooms, shall face into the yard or patio. 

Dwelling, quadruple-attached.  One of four (4) attached "buildings" which are used as "single-family dwellings"; located side-by-side or two (2) side-by-side with two (2) directly behind them, on adjoining "lots"; separated from each other by a solid wall extending from the lowest floor to the roof; and entirely separated from any other "building" by space on all other sides. 

Dwelling, semi-detached.  One of two (2) attached "buildings" which are used as "single-family dwellings"; located side-by-side on adjoining "lots"; separated from each other by a solid wall extending from the lowest floor to the roof; and entirely separated from any other "building" by space on all other sides. 

Dwelling, single-family.  A detached residential unit that is developed with open yards on all sides of the structure, but not including manufactured homes or recreational vehicles. 

Dwelling, three-family.  A "building" containing three (3) "dwelling units," with two (2) of the "dwelling units" arranged side-by-side and situated either above or below the third "dwelling unit." 

Dwelling, townhouse.  A single-family residential unit forming one of a group or series of three (3) or more attached units in which each unit has its own front and rear access to the outside, each unit is located on a separate lot, owned individually, no unit is located over another unit, and each unit is separated from one another by one or more fire resistant party walls without windows, doors or other means of access or visibility through such walls from basement to roof. 

Dwelling, townhouse, weak-link.  An attached, single-family unit with private, outside access for a dwelling unit from ground to roof. Each unit shall have both a one- and two-story section. The one-story section shall be at least ten (10) feet wide or thirty (30) percent of the lot width, whichever is greater. A group of attached, weak-link townhouses shall average no more than eight (8) dwelling units per group. 

Dwelling, triple-attached.  One of three (3) attached "buildings" which are used as "single-family dwellings"; located side-by-side on adjoining "lots"; separated from each other by a solid wall extending from the lowest floor to the roof; and entirely separated from any other "building" by space on all other sides. 

Dwelling unit.  One or more rooms, designed, occupied, or intended for occupancy as separate living quarters for a single housekeeping unit and having independent cooking, sleeping, and sanitary facilities provided within the dwelling unit. 

Dwelling, village house.  A detached, single family residential unit distinguished by very small front and side yards. All dwellings have front porches and building fronts are oriented toward the street. 

Easement.  An interest in land that is in the possession of another, permitting a limited use of enjoyment of the land in which the interest exists. 

Easement, private access.  An easement through private property specifically authorized by the planning commission, except for family subdivisions, to allow access to a specific lot or parcel. 

Entrance, restricted access.  An entrance to a public street from a private travel lane or private access easement, in accordance with section 28-108 of this chapter. 

Executive style housing.  Single-family residences with an above grade habitable space finished floor area greater than three thousand five hundred (3,500) square feet. 

Family.  Family shall mean a group of people living together as a single housekeeping unit and consisting of:  (1)   One person; or(2)   Two (2) or more persons related by blood, adoption, or marriage, together with any number of offspring, foster, step or adopted children; or(3)   A group of no more than four (4) unrelated persons living and cooking together as a single housekeeping unit though not related by blood, marriage, adoption or guardianship, provided that the limitation on the number of unrelated persons shall not apply to residents in a housekeeping unit by persons having handicaps within the meaning of section 3602(f) of the Fair Housing Act (42 USC 3601, et seq., as amended); or(4)   Those groups identified in Code of Virginia, § 15.2-2291, or like groups licensed by the Virginia Department of Social Services which otherwise meet the criteria of Code of Virginia, § 15.2-2291.(5)   Two (2) unrelated persons, together with any number of offspring, foster, step or adopted children.

Family, immediate member.  Any person who is a natural or legally defined offspring, spouse, parent, grandchild, or grandparent of the owner of a parcel of land. 

Family day care home, group.  A residence where child care is provided for more than five (5), but fewer than thirteen (13) children and which is subject to state licensing. 

Family day care home, small.  An activity carried on by an occupant of a residence as an accessory use, in which child care is provided for five (5) or fewer children on a paid basis. 

Feedlot.  A lot, yard, structure, corral or other area in which livestock are confined, primarily for the purpose of feeding, growing, raising, holding, and birthing prior to slaughter or sale. Any enclosure, pen or building wherein more than three hundred (300) veal animals, slaughter or feeder cattle, two hundred (200) mature dairy cattle, seven hundred fifty (750) swine, one hundred fifty (150) horses, five hundred (500) sheep, lambs, goats or similar animals, five thousand (5,000) fowl constitute a feedlot. This does not apply to areas upon which livestock are allowed to graze. 

Fill.  For purposes of administering the flood hazard overlay district, any sand, gravel, earth or other materials whatsoever placed or deposited in floodplains to raise the elevation of the land surface. 

Flea market.  An individual or congregate commercial retail activity conducted from or at one or more booths, stands, tables, or tents that may be conducted indoors or outdoors, where groups or individual sellers offer goods for direct sale to the public. This definition shall not include bazaars or charity fund raisers conducted by and for the benefit of a nonprofit organization provided such bazaars or fund raisers are conducted not more than four (4) times per calendar year at any location nor shall it include periodic festivals provided such festivals are conducted not more than two (2) times per calendar year at any location. Flea markets shall be subject to the following standards: 

The operator of a flea market shall maintain a listing of all vendors utilizing the flea market with the name, permanent address, social security number and home phone number of the vendors on the listing. The listing shall be kept current and made available to the sheriff's office upon request.

Fleet parking.  Parking and storage of more than five (5) operable vehicles, other than automobiles, which are used in the daily operations of a business not located on-site; or, the parking and storage of more than one vehicle with a gross vehicle weight in excess of ten thousand (10,000) pounds. This is not to be construed to include parking and storage of farm vehicles or equipment, or construction equipment such as bulldozers, front loaders, backhoes and similar devices which are not licensed to operate on state roads. 

Floodplain.  Any land area susceptible to being inundated by water from any source.  Floodplain district, designated.  Those floodplain districts specifically designated in this

chapter as being inundated primarily by the one-hundred-year flood. Included would be areas identified as the Floodway District (FW), the Floodfringe District (FF) and the General Floodplain District (FA). 

Floodway.  The channel of a river or other watercourse, and the adjacent land areas, which must be reserved in order to discharge the base flood without cumulatively increasing water surface elevation more than one foot at any point, as specified by flood insurance studies for Stafford County. 

Floor area  or  gross floor area (GFA).  The sum of the gross horizontal areas of each story of all buildings on a lot or site, measured from the exterior walls or from the centerline of party walls. 

Floor area ratio (FAR).  The total floor area of a building or buildings on a lot divided by the gross area of the lot or site. 

Forestry.  Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or in performing forest services. 

Freeboard.  A factor of safety, usually expressed in feet, above a flood level for purposes of floodplain management. 

Frontage.  That dimension of a lot measured along the front street line thereof, or if the front street is curved, along the chord of an arc. 

Frontage, building.  The width of a front building facade applicable to an individual building or suite within a building that is clearly visible from a public street or private travel lane, which provides primary access to the building. 

Garage, private.  An accessory building or part of a principal building used for the storage of motor vehicles and other domestic goods and equipment. 

Garage, public.  A building or portion thereof, other than a private garage, designed and used for servicing, repairing, equipping, renting, selling, or storing motor-driven vehicles. 

Garden center.  An outdoor area for the display, sale and storage of seasonal products accessory to a commercial retail establishment. 

Geometric design.  Standards and specifications for street layout and construction.  Golf course.  A tract of land for playing golf, consisting of at least nine (9) holes and may

include a club house, driving range(s) and putting green(s).  Greenhouse.  An enclosed structure, permanent or portable, which is used for the

growth of plants.  Gross area.  The total acreage of a specific site.  Groundcovers.  A low-growing form of vegetation consisting of shrubs or perennials, in

which the plants in some combination shall form a continuous vegetative cover on the ground. (Not turf grass). 

Groundcover management.  The cutting or trimming of groundcover in order to create an orderly appearance to the property so long as such activities do not disturb the integrity and intent for which it was installed. 

Health official.  The director of the health department for the county or her or his designee. 

Height, airport zone.  The maximum height of structures or vegetation within any airport zone as set forth in subsection 28-64(c). The datum shall be determined by mean sea level (MSL), the perimeter of which coincides with the horizontal zone. 

Height, building or structure.  See this section, "measurements," regarding "height of structure." 

Height, sign.  See section 28-205, "Measurements," regarding "sign, height."  Helistop.  An area, either at ground level or elevated on a structure, for the landing and

takeoff of helicopters without auxiliary facilities such as parking, waiting rooms, fueling and maintenance equipment. 

Heritage interpretation.  Any communication, including, but not limited to, signs, brochures, exhibits, films, and websites, designed to reveal meanings and relationships of cultural and natural heritage to the public, through first-hand involvement with a site, building, reconstructed building, artifact, landscape, or monument. 

Heritage tourism.  Presenting, marketing, and interpreting historic places, artifacts, and attractions that authentically represent the stories and people of the past and present for the purpose of educating the public and generating revenue for the county. Heritage tourism cannot take precedence over the protection and preservation of a cultural resource or landscape. 

Heritage site.  The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of the significance of any existing structure. 

Highly erodible soils.  Soils (excluding vegetation) with an erodibility index (EI) from sheet and rill erosion equal to or greater than eight (8). The erodibility index for any soil is defined as the product of the formula RKLS/T, where K is the soil susceptibility to water erosion in the surface layer; R is the rainfall and runoff; LS is the combined effects of slope length and steepness; and T is the soil loss tolerance. 

Highly permeable soils.  Soils with a given potential to transmit water through the soil profile. Highly permeable soils are identified as any soil having a permeability of greater than six (6) inches of water movement per hour in any part of the soil profile to a depth of seventy-two (72) inches (permeability groups "rapid" and "very rapid") as found in the National Soil Survey Handbook of November 1996 in the Field Office Technical Guide of the U.S. Department of Agriculture Natural Resource Conservation Service. 

Highway engineer.  The residency administrator of the area of Stafford County employed by the Virginia Department of Transportation or his representative. 

Historic integrity.  The authenticity of a property's identity, evinced by the survival of physical characteristics that existed during the property's historic or prehistoric period. The seven qualities of integrity, as defined by the National Register program, are location, setting, feeling, association, design, workmanship, and materials. 

Home business.  An occupation, profession, business or trade, with the exception of retail sales, carried on by the occupant of a dwelling unit as a secondary use, which does not generate an increase in vehicular trips beyond that normally associated with residential use and complies with the following performance standards for such uses.  (1)   Not more than one employee other than the occupant's family member residing in the principal dwelling.(2)   Customer visits by appointment only.(3)   The business must provide off-street parking for an employee and customers in addition to the minimum requirements for the district. Fleet parking shall not be permitted.(4)   The area dedicated to the home business shall not exceed twenty-five (25) percent of the gross floor area, excluding unfinished basements and garages. There shall be no outdoor storage of merchandise or materials.(5)   Home businesses shall be permitted in single-family detached dwellings only.

Home business, rural.  A nonagricultural business intended for general office, professional office, personal service, contracting and construction, which may include outside storage or storage in an accessory building or buildings, of materials necessary to the conduct of the business.  Rural home businesses shall be subject to the following standards:(1)   Outdoor storage, which may include fleet parking and equipment, shall not be located within front yard setbacks and shall be set back at least thirty (30) feet from all other property lines. Outdoor storage areas shall not comprise more than twenty-five (25) percent of the total area of the property on which the rural home business is located. Outdoor storage shall be screened from view of adjacent properties and roadways by a solid board fence and/or landscaping as approved by the zoning administrator.(2)   The businesses shall be allowed one unlighted facade or monument style sign, not to exceed eight (8) feet in area nor, five (5) feet in height. Such sign shall be set back at least fifteen (15) feet from any property lines.(3)   The business shall be allowed on parcels at least three (3) acres in size. No more than three (3) employees other than family members residing in the principal residence shall be employed in the business.

(4)   The area within the dwelling devoted to the business shall not exceed twenty-five (25) percent of the dwelling's gross floor area.(5)   The total gross floor area of the nonresidential buildings devoted to the rural home business shall not exceed four thousand (4,000) square feet. Such buildings shall be set back a minimum of twenty (20) feet from all property lines.(6)   Prior to obtaining a certificate of occupancy for a rural home business, the applicant shall submit a development in accordance with article XIII of this chapter.

Home occupation.  An occupation, profession, business or trade, with the exception of retail sales, carried on by the occupant of a dwelling unit as a secondary use, which does not generate an increase in vehicular trips beyond that normally associated with single-family residential use, or employ persons not residents of the principal dwelling, or require customer visits to the home.  Home occupations shall be subject to the following standards:(1)   They shall not occupy an area greater than twenty-five (25) percent of the total floor area of the principal structure.(2)   There shall be no outdoor storage of goods or merchandise associated with the home occupation.(3)   There shall be no employees other than family members who reside on the premises in the principal residence.(4)   There shall be no substantial increase in vehicular trip generation by the home occupation, beyond that normally associated with a residential use.

Hotel/motel.  A facility offering transient lodging accommodations to the general public or on a time-share basis and which may provide additional services such as restaurants, meeting rooms, and recreational facilities. 

Impervious surface.  A surface composed of any material(s) which reduces or prevents absorption or percolation of water into the soil. Impervious surfaces include, but are not limited to roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surfaces. 

Improvements.  Any utilities, facilities, signs, lights, buildings and structures, including but not limited to, streets, storm and sanitary sewers, waterlines, curb and gutter, and landscaping, required pursuant to the terms of the ordinances of the county. 

Industrial, heavy.  Activities related to business and industrial uses such as heavy manufacturing, light industrial uses, mining, and resource extraction. 

Industrial, light.  Activities related to business and industrial uses such as construction, light manufacturing, transportation, communication, utilities and wholesale trade. 

Industrial park.  A tract of land which has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to parking, circulation, utility needs, aesthetics and compatibility. 

Inoperative motor vehicle.  Any motor vehicle which is not in operating condition, or which for a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle, or on which there are not displayed valid license plates or a valid Virginia inspection decal and a current county automobile license decal, as required to operate a motor vehicle on public roads. 

Intensely developed areas (IDAs).  A portion of a critical resource protection area for a land/resource management area designated by the county where development is concentrated and little of the natural environment remains. 

Interment.  All forms of final disposition of human remains including, but not limited to, earth burial, mausoleum entombment and niche or columbarium inurnment. The sprinkling of ashes on church grounds shall not constitute interment. 

Intermittent stream.  A well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological characteristics commonly associated with the conveyance of water. 

Junkyard.  The use of any area of land lying within one hundred (100) feet of any state road or the use of more than two hundred (200) square feet of land area in any location for the

storage, keeping, or abandonment of junk, including scrap metals or other scrap materials. The term "junkyard" shall include the term "automobile graveyard." 

Kennel, commercial.  Any place in or at which six (6) or more animals more than six (6) months of age are kept, boarded, groomed, bred or trained for pecuniary gain on a regular basis. 

Kennel, noncommercial.  A place in which six (6) or more dogs or cats more than six (6) months of age are kept and maintained by a householder, within or adjoining a private residence. Occasional sale of such animals shall not be construed as making such place a commercial kennel. 

Land disturbing activity.  Defined in section 11-2 of the Stafford County Code.  Land/resource management area (LRMA).  A component of the Chesapeake Bay

Preservation Area outside the CRPA that includes land where specific environmental resources are located. This land, if improperly used or developed, has the potential for causing significant water quality degradation or for diminishing the functional value of the CRPA. 

Landscape design.  The planned treatment of land, structures and flora complimenting building construction of land developments. 

Landscaping.  The introduction or selective retention of flourishing trees and shrubs carefully selected and arranged to perform a design purpose or environmental function, such as controlling visual direction, providing definition to architecture, modifying climate, filtering air pollution, and controlling runoff and erosion. Trees and shrubs shall be the primary plant materials to apply to the development of the required landscaping and street planting. Street planting may include berms and low walls in conjunctions with trees and shrubs. 

Land use pods.  Identified areas on the preliminary concept plan which specify uses to be developed. Land use pod development categories shall include one or more of the following: office, commercial, residential, commercial, industrial/research. 

Live-aboard vessel.  Any vessel used as a residence or represented as a place of business, a professional or other commercial enterprise, or a legal residence. A commercial fishing boat is expressly excluded from the term "live-aboard vessel." 

Live/work unit  . A building containing commercial unit(s) and dwelling unit(s). The dwelling unit(s) shall be on floors above the commercial unit(s). The access to the dwelling unit(s) shall be within the building containing the commercial unit(s). The occupant of the single-family unit does not have to be the occupant of the commercial unit. The floor area for each type of unit, commercial or single-family, excludes any stairs or hallways used to access the unit(s). This term does not include commercial apartments or three-family dwellings. 

Lot.  A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit. 

Lot, corner.  A lot or parcel of land abutting upon two (2) or more streets at their intersection, or upon the same street forming an interior angle of less than one hundred and ten (110) degrees. 

Lot coverage.  The impervious area of any lot or parcel including, but not limited to buildings, drives, parking areas, sidewalks, patios, decks, etc. 

Lot dimensions (depth, width).  See this section, "measurements."  Lot, double frontage.  A lot having frontage on two (2) streets, not at their intersection.  Lot, interior.  A lot with only one street frontage.  Lot line.  For purpose of this chapter, any boundary line of a lot as defined herein.  Lot line, front.  A street line which forms the boundary of a lot; or, in the case where a lot

does not abut a street other than by an ingress/egress easement or private access easement (PAE), or has double frontage, that lot line which faces the principal entrance of the main building. On a corner lot, the shorter street line shall be deemed to be the front lot line regardless of the location of the principal entrance or approach to the main building. 

Lot line, rear.  The singular lot line that is most distant from, and is most nearly parallel with, the front lot line. If a rear lot line is less than ten (10) feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a ten (10) foot line parallel to the front lot line, lying wholly within the lot for the purpose of establishing the required minimum rear yard. 

Lot line, side.  Any lot line which is neither a front lot line nor a rear lot line. 

Lot, pipe stem.  A lot which does not abut a public street other than by its driveway which affords access to the lot from the public road (also known as a flag lot). 

Lot of record.  A lot which has been duly recorded in the Office of the Clerk of the Circuit Court of Stafford County. 

Lowest floor.  The lowest floor of the lowest enclosed area of a building including the basement. 

Low-growing vegetation.  Any form of vegetation that does not grow to a mature height greater than twenty-four (24) inches and is on the approved list of plantings as depicted in table 6.4. 

Manufactured home.  A structure subject to federal regulation, which is: Transportable in one or more sections; and, is eight (8) body feet or more in width and forty (40) body feet or more in length, or is three hundred twenty (320) or more square feet when erected on site; used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and, includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. 

Manufactured home park.  A site with required improvements and utilities for the parking of manufactured homes on a leasehold basis, which may include services and amenities for the residents. 

Manufactured home subdivision.  A site with required improvements and utilities for the parking of manufactured homes on a fee simple basis, which may include services and amenities for residents. 

Manufacturing, heavy.  Establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembly of component parts, the manufacture of products and the blending of materials such as lubricating oils, plastics, resins, or liquors, pharmaceuticals, soaps and toiletries, concrete, brick, tile, recycling, asphalt, slaughter operations and similar uses. 

Manufacturing, light.  Establishments engaged in the mechanical transformation of materials into new products including the assembling of component parts or the manufacture of products for the wholesale market rather than direct sales. Examples of this use include the production of cabinets and furniture, textiles, food products, ceramics and pottery, tools and hardware, machinery, appliances, and photographic processing and bottling and canning plants and similar uses. 

Marina.  A facility for the storage (wet and dry), launching and mooring of boats, together with accessory retail and service uses, including restaurants and live-a-boards, except where prohibited by County Code, but not including docks accessory to a land-based dwelling unit limited to the use of owners or occupants of those dwelling units. 

Maximum net density.  The maximum density permitted to be developed per unit of land on the net buildable area of a site, as measured in dwelling units or rooms per acre. 

Minimum floor elevation.  The lowest floor elevation permissible for the construction, erection, or other placement of any floor, including basement and cellar floors. 

Mobile home.  See "manufactured home."  Mobile home park.  See "manufactured home park."  Modular home.  A dwelling made of two (2) or more modular units transported to the

home site, placed on a permanent foundation and joined to make a single dwelling unit on a permanently improved parcel of ground. 

Modular unit.  A factory-fabricated transportable unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees and other subelements incorporated into a structure at the site. A modular unit is regulated as an industrialized building unit under Title 36, Chapter 4 (section 36-70 et seq.) of the Code of Virginia. 

Motel.  See "hotel/motel."  Motor vehicle.  A self-propelled vehicle or any trailer licensed by the Department of

Motor Vehicles.  Motor vehicle rental facility.  A building, structure or land used for the display and/rental

of motor vehicles other than boats. 

Motor vehicle sales facility.  A building, structure or land used for display, sales or lease of motor vehicles, other than boats. 

Museum.  A permanent building or landscape in the service of society, which acquires, stores, conserves, researches, communicates and exhibits material evidence of people and their environment for purposes of study, education and enjoyment by the public. 

Neighborhood center.  A concentrated area of no more than ten (10) acres containing up to one hundred thousand (100,000) square feet of low-intensity commercial retail and institutional uses that provide personal and community services to the immediate residential community. Site design is typified by orientation to pedestrians with sidewalks within the commercial area and connection to residences by a network of sidewalks, walking trails and paths; bicycle trails may be incorporated as appropriate; on-site parking is located to the rear of buildings, on-street parking may be provided, and interparcel access is provided; signs are unobtrusive. 

Net area.  The gross area of a site minus all wetlands, floodplains, and slopes greater than thirty-five (35) percent. 

Nightclub.  An establishment, excluding theaters and recreational enterprises, which provides entertainment (including but not limited to live bands, floor shows, comedians, solo artists, and/or a dance floor for patrons), more than two (2) times per month, stays open after 11:00 p.m., and has a capacity exceeding one hundred (100) patrons. 

Nonpoint source pollution.  Pollution consisting of constituents such as sediment, nutrients, and organic and toxic substances from diffuse sources, such as runoff from agriculture and urban land development and use. 

Nonprofit organization.  An entity that exists solely for religious, charitable, educational, political or civic purposes and is not in business to make a profit. 

Nontidal wetlands.  Those wetlands other than tidal wetlands "that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions" as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the federal Clean Water Act, in C.F.R. 328.3b. 

Nursing home.  An extended or intermediate care facility licensed or approved by the appropriate state and local agencies to provide fulltime convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves. 

Obstruction, airport.  Any structure, vegetation or other object, including a mobile object, which exceeds a limiting height or penetrates any airport surface or zone floor elevation. 

Office, flex.  A room or group of rooms that provides combined office, low intensity commercial retail, light manufacturing and warehouse facilities made up of one or more small establishments. 

Office, general.  A room or group of rooms used for conducting the affairs of a business, service, industry, or government. 

Office, medical/dental.  A room or group of rooms used by not more than two (2) licensed professionals listed below, to conduct the normal activities associated with health care providers, including: physicians, dentists, orthodontists, optometrists, ophthalmologists, chiropractors, psychologists, psychiatrists, physical therapists and similar professions. Normal activities shall not include internal surgery nor use of general anesthetics. 

Office, professional.  A room or group of rooms used for conducting the affairs of a profession, such as the practice of law, engineering, architecture, surveying, consulting, and similar recognized professions. 

Off-site.  Any area which does not fall within the boundaries of a subject property to be developed or planned. 

Off-street parking.  Space provided for vehicular parking outside the dedicated street right-of-way. 

100-year flood.  A flood that, on average, is likely to occur once every one hundred (100) years; i.e., one that has a one-percent chance of occurring each year, although the flood may occur in any year. 

On site.  Located on the lot in question, except in the context of facilities intended for a development, in which case the term shall mean within the boundaries of the development as a whole. 

Open space.  Undeveloped land or water left in undisturbed, open condition or developed as a landscaped area unoccupied by habitable buildings, streets or parking lots, used primarily for resource protection or recreational purposes. This includes lands used for normal agricultural activities and left in cultivation. 

Open space ratio (OSR).  The percentage of the total gross area of a parcel that is open space and not impervious surface. 

Overnight parking.  The parking of any operable vehicle during the hours of 11:00 p.m. to 6:00 a.m. excluding temporary parking for loading activities. 

Pad, development.  See "construction footprint."  Parcel.  See "lot."  Park.  An area of public land with walks, playfields, playgrounds, etc., designed for

recreational purposes.  Performance guarantee.  A bond, surety, escrow account, cashier's check or cash

deposit approved by the board of supervisors, equal to one hundred fifty (150) percent of the full cost of improvements required by these regulations and providing for completion of said improvements within a specified period of time. 

Plan, comprehensive.  The plan for the development of Stafford County with accompanying maps, plats, charts, and descriptive materials adopted by the board of supervisors pursuant to the Code of Virginia (1950, as amended). 

Plan of development.  A plan or subdivision plat reviewed under this chapter to ensure compliance with Code of Virginia, § 10.1-2109 and this chapter, prior to any clearing or grading of a site or the issuance of a building permit. 

Plant nursery.  An enterprise which conducts the retail and wholesale of plants grown on the site, as well as accessory items (but not power equipment such as gas or electric lawn mowers and farm implements) directly related to their care and maintenance. The accessory items normally sold are clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, and shovels. 

Plat.  A diagram or map, drawn to scale, showing tracts, parcels, lots, subdivisions and land boundaries. 

Playground.  A location for outdoor recreation.  Porch.  A structure extending from the outside wall of a building above ground level with

a roof but not enclosed by other than a protective railing and/or screening. At such time a porch is enclosed with materials other than screening, it shall then comply with all the applicable requirements for a "building". 

Primary surface, airport.  A surface longitudinally centered on an airport runway. The primary surface for the Stafford Regional Airport runway extends two hundred (200) feet beyond each end of the runway and is one thousand (1,000) feet wide. The elevation of the primary surface is the same as the elevation of the nearest point on the runway centerline. 

Primary travel lane.  A travel lane whose total paved travel surface exceeds thirty-six (36) feet in width. 

Profile.  A drawing of a side or sectional elevation.  Property.  Any tract or lot or parcel, or several of the same, collected together for the

purpose of subdividing, preparing a site development plan and/or developing.  Public facilities.  Any public works supplied generally by a governmental organization.

Such public works shall include, but not limited to, airports, parks, schools owned and/or operated by Stafford County or the commonwealth, water and sewer facilities and police and fire protective facilities. 

Public facilities/utility.  Buildings, structures and facilities including generating facilities, substations, switching stations, poles, lines (including distribution and transmission lines), pipes, pumping stations, water treatment facilities, wastewater treatment facilities (not including on-site sewage disposal systems), repeaters, antennas, transmitters and receivers, valves and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, broadband communications, water, sewer, and public transit to the public. 

Public road.  A publicly owned road designed and constructed in accordance with water quality protection criteria at least as stringent as requirements applicable to the Virginia Department of Transportation, including regulations promulgated pursuant to the Erosion and Sediment Control Laws of Virginia and the Virginia Stormwater Management Act. This definition includes those roads where the Virginia Department of Transportation exercises direct supervision over the design and/or construction activities. 

Public works.  Buildings, structures and infrastructures constructed by Stafford County or the Commonwealth of Virginia, or a department of Stafford County or the Commonwealth of Virginia in connection with another government agency or department of another county or municipality, at public expense for general public use, such as roads, highways, transit facilities, parks, public building, police, correction and fire protection facilities and public schools owned and/or operated by Stafford County or the Commonwealth of Virginia. 

Recreation, active.  Recreational uses, areas and activities oriented toward potential competition and involving special equipment. Playgrounds, sports fields and courts, swimming pools, skating rinks and areas, and golf courses are examples of active recreational uses. 

Recreation, passive.  Recreational uses, areas, or activities oriented to non-competitive activities which require no special equipment. Examples of passive recreational uses are natural and/or scenic areas for hiking, sitting, walking, bicycling, equestrian activities, bird watching, and picnics. 

Recreational enterprise.  Enterprises where the principal use is the operation of such businesses as, but not limited to, bowling alleys, skating rinks, swimming pools, tennis and racquetball courts, miniature golf and health spas, martial arts instruction, and fitness centers. 

Recreational facility.  A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities. 

Recreational vehicle (RV).  A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation and vacation, licensed by the department of motor vehicles. 

Recycling center.  A structure, or confined site or place where recycling activities such as the extraction and processing or reprocessing of useful materials from waste, refuse, garbage or other discarded materials take place. 

Redevelopment.  The removal and replacement, rehabilitation, or adaptive reuse of an existing structure(s) or building(s), or of land from which previous improvements have been removed. Replacement may include construction of residential, commercial, industrial, public, or other uses as well as provisions for streets, parks and other public works (facilities). 

Regulating plan.  The proposed land-use plan identifying the transect zones, primary roads, civic building and uses, pedestrian sheds, primary commercial frontage, and vista terminations for a traditional neighborhood development (TND). 

Resident.  A person who resides in one dwelling for more than ninety (90) days in a calendar year. 

Restaurant.  Any establishment, other than a licensed farm winery or bed and breakfast establishment as defined in Code of Virginia, § 4.1-100, or a cider press and store selling cider pursuant to a farm winery license, which provides as a principal use, the sale of food, frozen deserts, and/or beverages in a state ready for consumption within the establishment. 

Restaurant, delivery.  Any restaurant which conducts off-premise deliveries.  Restaurant, fast food.  Any restaurant where the principal activity is the sale of pre-

prepared or rapidly prepared food directly to the customer in a ready to consume state for consumption within the restaurant or off premises. 

Restaurant, sit-down.  Any restaurant where the prepared food is consumed on premise by the customer without the option of delivery or off-premises services. 

Retail food store.  A medium to high intensity commercial retail use, with greater than twenty thousand (20,000) square feet of gross floor area, where the primary use is the retail sale of a complete assortment of food, food preparation and wrapping materials and household cleaning and servicing items. 

Retirement housing.  A building or group of buildings comprised of more than one dwelling unit that is designed to accommodate the physical and social needs of senior citizens in a community setting for retirement and pre-retirement households where adult day care,

congregate housing, duplex dwellings, multifamily dwellings, townhouse dwellings, patio house dwellings, village house dwellings, weak-link townhouse dwellings, single-family detached dwellings and ancillary commercial activities may be permitted. 

Reverse frontage lot.  Any lot in a residential subdivision which is adjacent to a public road that has been classified by the governing body or the Virginia Department of Transportation as a collector or arterial road and has its building front and its access to an internal local road. 

Right-of-way.  A strip of land acquired by grant, reservation, dedication, prescription, or condemnation and intended to be occupied or is occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer and other similar uses. 

Right-of-way width.  The total width of a right-of-way as measured perpendicular to the sidelines thereof. 

RV park.  A plot of ground upon which two (2) or more sites are located, established, or maintained for occupancy by recreational vehicles. 

Safety area, airport.  Includes both the airport primary surface and the runway clear zones at each end of the runway on the Stafford Regional Airport Imaginary Surface Map. 

Sawmill.  A facility where logs are sawed into boards, paneling and other construction materials. 

School.  Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge excluding industrial or vocational schools or any schools owned and/or operated by Stafford County or the commonwealth. 

School, industrial.  An establishment which primarily teaches usable skills that prepare students for jobs in a trade or business that include, but not limited to:  (a)   The mechanical or chemical transformation of materials and goods into finished products.(b)   The assembly or disassembly of machinery or equipment.(c)   The use of chemicals or solvents for finished products.(d)   The discharging of firearms.(e)   Defense [defensive] driving techniques.(f)   Driving trucks or heavy equipment.

School, vocational.  An establishment offering courses of training in a skill or trade including instruction for certification by the state to operate an automobile or motorcycle. This term shall not include any training or instruction that requires the discharging of firearms, techniques for defense driving or operating a truck or heavy equipment. Except for automobile driving schools, all instructions and training shall be conducted indoors. 

Screening.  The method by which a view from one site to an adjacent site is shielded, concealed, or hidden. Screening techniques may include, but are not limited to: Fences, walls, hedges, berms or other features. 

Setback.  See "building line."  Shopping center.  A group of more than six (6) commercial retail establishments with a

gross floor area greater than or equal to twenty thousand (20,000) square feet planned, constructed and managed as a total entity with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic consideration and protection from the elements. 

Shrub.  A type of plant with relatively low height, consisting of several stems rather than a main trunk. A plant that, at the time of planting, is at least three (3) feet tall as measured from the highest root, and is one of the species listed in section 100 of the DCSL for shrubs. 

Sign.  Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. Any such device, fixture, placard or structure less than two (2) square feet in size is excluded from this definition. 

Sign, business.  A sign, either freestanding or projecting on a wall, which directs attention to a product, commodity or service available on the premises. 

Sign, cemetery identification.  A sign no smaller than one foot by one foot constructed of bronze or of another material similar in appearance that depicts the historic name associated

with a particular cemetery, as recorded in the Stafford County Cultural Resource Database or as deemed appropriate by the county agent. 

Sign copy.  The letters, numbers, symbols, characters, pictures, lights, or other information or device included on a sign to inform or attract the attention of persons. 

Sign, critical resource protection area (CRPA).  A sign identifying the landward limits of the critical resource protection area (CRPA). 

Sign dimensions (height, area).  See this section, "measurements."  Sign, directional.  An on-premises sign designed to direct customers to an entrance,

drive-through facility, or parking area, except for a development in the P-TND district. The directional sign shall not exceed two and one-half (2 1/2) feet in height. 

Sign face.  The area of a single side of a sign, excluding supports for such sign so long as said supports are not used for placement of any sign copy. 

Sign, freestanding.  Any sign located upon a lot or parcel of ground supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. 

Sign, general advertising.  A sign that identifies or communicates a commercial or noncommercial message, or an activity, product, service, or commodity not necessarily available on the premises at which the sign is located, or which directs attention to the approximate location of an establishment. 

Sign, ground-mounted.  See "freestanding sign."  Sign, historic site entrance.  Any freestanding, nonilluminated sign located at the

entrance of a historic site that contains the site name and does not exceed four feet in height.  Sign, home occupation.  An unlighted, wall-mounted sign not exceeding four (4) square

feet in area directing attention to a product, commodity or service available on the premises, but which product, commodity or service is clearly a secondary use of the dwelling. 

Sign, illuminated.  A sign, or any part of a sign, which is externally or internally illuminated or otherwise lighted from a source specifically intended for the purpose of such illumination or lighting. 

Sign, monument.  A freestanding on-premise sign designed with a solid base and with a sign face attached such that there are no gaps for air or light between the sign face and the base. 

Sign, political.  A temporary sign announcing or supporting political candidates or issues. 

Sign, projecting.  Any sign affixed to a building or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface of such building or wall. 

Sign, public.  A sign owned by and erected at the instance of a federal, state, or local government agency. 

Sign, roof.  Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure. 

Sign, subdivision.  A sign sixty (60) square feet or less in aggregate area identifying a subdivision and located thereon at the entrance to such subdivision. Said sign shall be no greater in height than six (6) feet and shall be set back from any right-of-way for proper sight distance. 

Sign, temporary event.  A sign describing a seasonal, brief or particular event or activity to be or being conducted upon the lot or premises upon which it is located. Such sign may be erected not more than one month before the event or activity described, shall be removed within one week of its conclusion, and in no event shall such sign be displayed for a period longer than six (6) months in any one calendar year. Signs advertising construction activity may remain in place until such construction is completed. The maximum height of such sign shall be ten (10) feet. Balloons used as such signs shall be exempt from the maximum height requirement. 

Sign, temporary sale.  An on-premise sign used to advertise merchandise or the sale of goods or merchandise, on a temporary basis not to exceed a period of seven (7) continuous days. No free-standing temporary sale sign shall exceed four (4) square feet in sign area. No wall mounted temporary sale sign shall exceed twenty (20) square feet in sign area. 

Sign, tenant.  A wall sign to identify more than one tenant or business located within a building in which the tenant or business does not have a direct/independent entrance to a street

and its primary entrance is through the principal entrance to the building. The sign shall be located near the principal entrance to the building. This term shall not include a business sign. 

Sign, wall.  Any sign erected or painted on a building, visible from the exterior, no part of which is more than six (6) inches from the surface of the building on which it is erected and which is confined within the limits of an outside wall. Such sign may be illuminated. 

Sign, window.  A sign used to advertise the sale of goods and merchandise, services or a business located on premises. Window signs shall be affixed to the interior side of a window. 

Silvicultural activities.  Forest-management activities including, but not limited to, the harvesting of timber, the construction of roads and trails for forest-management purposes, and the preparation of property for reforestation that are conducted in accordance with the silvicultural best management practices and enforced by the state forester pursuant to Code of Virginia, § 10.1-1105 and are located on property defined as real estate devoted to forest use under Code of Virginia, § 58.1-3230. 

Site plan  or  site development plan.  Detailed drawings indicating all building construction, land improvements, and related information, prepared in accordance with Article XIII or XIV of this chapter. 

Storage, outdoor.  The keeping in an area that is not enclosed by a building of any goods or material other than outdoor display. 

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

Street.  Any means of property access that serves three (3) or more distinct properties, other than an alley intended to provide access to the rear of lots, designed in accordance with traffic-carrying capacities, specified by the standards of the county or the Virginia Department of Transportation's Maintenance Log of Functional Classification, whichever is applicable. 

Street line.  The dividing line between a street or right-of-way and the contiguous property. 

Street, local.  A street that carries or is anticipated to carry a volume of traffic less than four hundred (400) vehicles per day; with a right-of-way width of fifty (50) feet to one hundred twenty (120) feet; these streets provide direct access to adjacent land and provide access to higher systems. Service to through traffic is discouraged. 

Street, major collector.  A street that carries or is anticipated to carry a volume of traffic between one thousand one (1,001) and five thousand five hundred (5,500) vehicles per day; with a right-of-way width of ninety (90) feet; these streets provide service to large communities or other major traffic generators not served by the arterial system. They provide links to higher classified routes and serve as important intracounty travel corridors. 

Street, minor arterial.  Streets which interconnect and supplement the principal arterial system with a greater emphasis on land access and a lower level of traffic mobility. Right-of-way widths may vary from ninety (90) feet to one hundred forty (140) feet. They provide intracommunity service as well as connecting rural collectors to the urban highway system. 

Street, minor collector.  A street that carries or is anticipated to carry a volume of traffic between four hundred one (401) and one thousand (1,000) vehicles per day; with a right-of-way width of fifty-six (56) feet to sixty-four (64) feet; these streets provide land access service and traffic circulation within residential, commercial and industrial areas. They collect local traffic and distribute it to the arterial system. 

Street, primary.  A street or highway anticipated to carry a volume of traffic exceeding three thousand (3,000) vehicles per day, designed and maintained as a part of the Virginia Primary System. 

Street, principal arterial.  The most significant streets in the area which serve long distance travel demands such as statewide and interstate travel. They provide service to major centers of activities, constitute the highest traffic volume corridors, carry the major portion of the area's through traffic, and provide continuity between other arterials. 

Street, private.  Any means of access to property which the public may not use without the permission of one or more owners of the property served. 

Street, private access easement.  An easement through private property specifically authorized by the planning commission to allow access to a specified lot or parcel. 

Street, service drive.  A public right-of-way generally parallel with, and contiguous to, a major highway, primarily designed to promote safety by eliminating pernicious ingress and egress to the major safe and orderly points of access to the major highway. 

Streetscape  . A design term within a TND referring to all the elements that constitute the physical makeup of a street and that, as a group, define its character, including, but not limited to, building frontage; street paving; street furniture; landscaping, including trees and other plantings; awnings and marquees; signs and lighting. 

Structure.  Anything constructed, installed or portable, the use of which requires a location on a parcel of land, and which extends more than twelve (12) inches above the ground at any point. 

Subdivider.  An individual, corporation, proprietor, trust, trustee, joint venture, partnership or any other entity having legal title to any tract or parcel of land to be developed, whether or not they have given their power of attorney to one of their group or another individual or entity to act on their behalf in planning, negotiation or in representing or executing the requirements of the ordinances of the county. 

Substantial alteration.  The expansion or modification of a building or development that would result in a disturbance of land exceeding an area of two thousand five hundred (2,500) square feet in the land resource management area only. 

Substantial damage.  Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. 

Substantial improvement.  Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "commencement of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either:  (1)   Any project for improvement of a structure to correct existing violations of state or local health, safety or sanitary code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or(2)   Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Supervisors.  The Stafford County Board of Supervisors.  Technical review committee (TRC).  The committee consisting of governmental agency

representatives as designated by the agent and a member of the planning commission with the responsibility for the technical review of site plans. 

Theater.  A building or part of a building devoted to showing motion pictures, or for dramatic dance, musical or other live performances. 

Tidal shore (shore).  Land contiguous to a tidal body of water between the mean low water level and the mean high water level. 

Tidal wetlands.  Vegetated and nonvegetated wetlands as defined in Cdoe of Virginia, § 28.2-1300. 

Toe of slope.  The base or bottom of a slope at the point where the ground surface abruptly changes to a significantly flatter grade. 

Top of slope.  The summit or crest of a slope at the point where the ground surface abruptly changes to a significantly flatter grade. 

Tower, communication.  A type of communication facility consisting of a free-standing framework or structure used for the elevation of a communication antenna(s). 

Traditional neighborhood development (TND).  An approach to land-use planning and urban design that promotes the development of pedestrian-friendly neighborhoods with a mix of uses, housing types and prices, lot sizes and density, architectural variety, a central civic building and use, a network of streets and alleys that may include on-street parallel parking, and defined development edges. 

Trailer.  See "manufactured home."  Trailer park.  See "manufactured home park."  Transect zone.  A specific area shown on the regulating plan for a traditional

neighborhood development (TND). There is more than one transect zone and each transect

zone has its own development requirements per subsection 28-39(p), such as, but not limited to, density, lot size, open space, types of uses and parking requirements. 

Transitional surface, airport.  Any surface which extends outward at right angles (ninety-degree angles) to the airport runway centerline and extend at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they interest the horizontal and conical surfaces. 

Travel lane.  Space specifically designated and reserved on the site for the movement of vehicular traffic. 

Travel trailer.  See "recreational vehicle."  Tree bed  or  planting bed.  A planting area that encompasses the use of low-growing

shrubs or groundcover as depicted in graphic 6.1, Buffer (L-1) Option B and graphic 6.1 Buffer (J). 

Tree, canopy.  A type of tree that, under normal growth conditions, will compose the top layer or canopy of vegetation and generally reach a mature height at or above forty (40) feet. A tree that, at the time of planting, is at least twelve (12) feet tall above the highest root, has a minimum caliper of three (3) inches' diameter at breast height (DBH), and is one of the species listed in section 100 of the DCSL for canopy trees. 

Tree, understory.  A type of tree that, under normal growth conditions, will grow to maturity beneath canopy trees and generally reach a mature height between ten (10) and forty (40) feet. A tree that, at the time of planting, is at least five (5) feet tall above the highest root and is one of the species listed in section 100 of the DCSL for understory trees. 

Truck/freight terminals.  An area and building(s) where cargo is stored and where trucks load and unload cargo on a regular basis. 

Truck stop.  Any building, premises or land in which or upon which a business, service or industry involving the maintenance, servicing, storage or repair of commercial vehicles is conducted or rendered including the dispensing of motor fuel or petroleum products directly into motor vehicles. A truck stop may also include overnight accommodation and restaurant facilities solely for the use of truck crews. 

Truck wash.  A building or structure containing facilities for washing motor vehicles, trucks, and truck trailers by production line, conveyor system or similar mechanical devices including self-service washing devices. 

Use, nonresidential.  Any use other than a residential use, community use or place of worship. 

Use, residential.  Any use associated with the occupancy of a dwelling.  Vehicle.  A self-propelled device used for transportation of people or goods.  Vehicle, commercial.  Any truck tractor, trailer, semi trailer, garbage truck, dump truck,

cement truck, or similar vehicles or equipment with any gross weight; or any vehicle with a gross weight of more than ten thousand five hundred (10,500) pounds which is not owned, leased, or operated by the occupant of the property at which it is parked. 

Vehicle, farm.  A vehicle or trailer used for the transportation of goods or materials associated with the operation of a farm or active agricultural use. 

Vestibule.  A small entrance hall or covered area projecting from and attached to a primary structure. 

Veterinary clinic.  A facility staffed with medical personnel licensed in the State of Virginia for the purpose of attending to the medical needs of various animals. 

Visitor center.  A building, attraction, or place of interest that provides public information, including in-depth cultural or natural educational media displays, such as interpretive signage, and printed media describing area attractions relevant to tourism. A visitor's center shall not include artifact collections or an archive. 

Vista.  The visual or panoramic view of a streetscape or natural scenery. An illustration or photograph may be presented to show the vista. There shall be a "focal point" for the vista such as, but not limited to, a building, square, fountain or monument. 

Vista termination.  A location at the axial conclusion of a thoroughfare. A building located at a terminal vista designated on the regulating plan shall be required to be designed in response to the view along this axis thought its articulation, elevation and/or location. 

Warehouse, storage.  Storage and shipping operations characterized by volumes of traffic that exceed one hundred (100) vehicle trips per day, and which may include outdoor storage as well as indoor storage of goods. 

Warehouse, mini storage.  A building or group of buildings with limited or controlled access consisting of individual, small, self-contained units or vaults are rented or leased for the storage of business and/or household goods. Each unit is physically separated from other units and access is often provided through an overhead door. 

Water-dependent facility.  A development of land that cannot exist outside of the critical resource protection area and must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include, but are not limited to:  (1)   Ports;(2)   The intake and outfall structures of power plants, water treatment plants, wastewater treatment plants, and storm sewers;(3)   Marinas and other boat docking structures;(4)   Beaches and other public water-oriented recreation areas; and(5)   Fisheries or other marine resource facilities.

Wayside stand/wayside market/roadside stand.  Any structure or land used for the sale of agricultural or horticultural produce, or seafood harvested or produced by the proprietor. 

Wetlands.  Those tidal and nontidal wetlands defined by the Chesapeake Bay Preservation Area Designation and Management Regulations, VR173-02-01, or any succeeding provisions. 

Wholesale businesses.  Businesses primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or acting as agents or brokers and buying merchandise for or selling merchandise to, such individuals or companies. Comment: Lumber, plywood and millwork yards such as building materials establishments are generally classified as wholesale unless the primary operation is directly to the general public as opposed to builders. In such case, they are classified as retail operations. 

Yard.  An open space between a building or group of buildings and the nearest line of a private access easement or property line of the property of which it is located. 

Yard, front.  An open space extending from the front property line or interior most line of a private access easement to the front building line or the nearest point to the front of a building. 

Yard, rear.  An open space extending from the rear property line to the rear building setback line or nearest point of the rear of a building. 

Yard, side.  An open space extending from the side property line to the side building setback line or nearest point of the side of a building. 

Zoning administrator.  The official charged with the enforcement of the provisions of this chapter.  (Ord. No. 094-29, § 28-205, 8-9-94; Ord. No. 095-09, 2-7-95; Ord. No. 095-10, 3-7-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-05, 1-2-96; Ord. No. 096-09, 2-6-96; Ord. No. 096-50, 10-15-96; Ord. No. 097-43, 6-17-97; Ord. No. 097-62, 11-18-97; Ord. No. 098-21, 3-17-98; Ord. No. 098-42, 6-2-98; Ord. No. 098-46, 6-16-98; Ord. No. 099-01, 1-5-99; Ord. No. 099-26, 7-13-99; Ord. No. 099-40, 7-13-99; Ord. No. 099-42, 7-13-99; Ord. No. 000-25, 5-16-00; Ord. No. 000-34, 6-6-00; Ord. No. 000-35, 6-6-00; Ord. No. 000-41, 8-8-00; Ord. No. 000-06, 10-17-00; Ord. No. 000-26, 10-17-00; Ord. No. 000-29, 10-17-00; Ord. No. 001-04, 1-2-01; Ord. No. 001-16, 4-10-01; Ord. No. 001-27, 5-1-01; Ord. No. 001-58, 10-16-01; Ord. No. 001-79, 11-20-01; Ord. No. 002-08, 3-19-02; Ord. No. 002-18, 4-2-02; Ord. No. 002-17, 6-18-02; Ord. No. 002-39, 12-17-02; Ord. No. 002-41, 12-17-02; Ord. No. 003-28, 6-17-03; Ord. No. 003-29, 6-17-03; Ord. No. 003-45, 7-1-03; Ord. No. 003-03, 7-1-03; Ord. No. 003-42, 9-16-03; Ord. No. 003-07, 12-2-03; Ord. No. O05-23, 6-21-05; Ord. No. O05-33, 12-13-05; Ord. No. O05-60, 12-13-05; Ord. No. O06-01, 6-20-06; Ord. No. O06-59, 8-1-06; Ord. No. O06-83, 10-17-06; Ord. No. O06-73, 12-19-06; Ord. No. O07-20, 3-20-07; Ord. No. O07-39, 7-17-07; Ord. No. O07-68, 10-2-07; Ord. No. O07-77, 12-18-07; Ord. No. O07-78, 12-18-07; Ord. No. O08-02, 5-6-08; Ord. No. O08-42, 6-17-08; Ord. No. O08-38, 6-17-08; Ord. No. O08-56, 9-16-08; Ord. No. O08-27, 10-7-08; Ord. No. O08-80, 12-2-08; Ord. No. O09-12, 3-3-09)Secs. 28-26--28-30.  Reserved.

ARTICLE III.  GENERAL DISTRICT USE REGULATIONS AND STANDARDS

Sec. 28-31.  Purpose and intent.The purposes of this article are:

(1)   To ensure that all development is consistent with the goals, objectives and policies of the County of Stafford;(2)   To ensure a series of permitted uses for each land use district established in this article;(3)   To ensure that every use within each district is compatible with other uses in that district;(4)   To take into account the environmental sensitivity of natural resources; and(5)   To ensure that development is served by adequate public services.(Ord. No. 094-29, § 28-301, 8-9-94)Sec. 28-32.  Applicability.

Each district is served by a set of regulations which control the use of land within that district. All development within each land use district shall be in conformance with the regulations set forth for that district.(Ord. No. 094-29, § 28-302, 8-9-94)Sec. 28-33.  Districts generally.

With exception of the Marine Corps Combat Development Command (MCCDC), the unincorporated areas of the County are hereby divided into the following zoning districts:A-1 AgriculturalA-2 Rural ResidentialR-1 Suburban ResidentialR-2 Urban Residential--Medium DensityR-3 Urban Residential--High DensityR-4 Manufactured HomeB-1 Convenience CommercialB-2 Urban CommercialB-3 OfficeRBC Recreational Business CampusRC Rural CommercialSC Suburban CommercialM-1 Light IndustrialM-2 Heavy IndustrialPD-1 Planned Development--1PD-2 Planned Development--2LC--Life Care/Retirement CommunityP-TND Planned-Traditional Neighborhood DevelopmentHI Heritage InterpretationLand may also be classified in the following special overlay districts:AD Airport Impact OverlayCB Chesapeake Bay Preservation OverlayFH Flood Hazard OverlayHC Highway Corridor OverlayHG Historic Gateway Corridor OverlayHR Historic Resource OverlayMZ Military Facility Impact OverlayRP Reservoir Protection Overlay(Ord. No. 094-29, § 28-303, 8-9-94; Ord. No. 099-26, 7-13-99; Ord. No. O05-21, 3-15-05; Ord. No. O07-39, 7-17-07; Ord. No. O07-68, 10-2-07; Ord. No. O08-02, 5-6-08)Sec. 28-34.  Purpose of districts.

In order to carry out and implement the purposes and objectives of this chapter, the land use districts herein established shall have the following purposes, respectively:A-1 Agricultural.  The purpose of the A-1 district is to reserve areas for traditional agricultural activities and to provide for their continuation as well as preservation of areas of rural character. 

A-2 Rural Residential.  The purpose of the A-2 district is to provide a transition between rural and urban areas, in residential areas adjacent to the growth areas which allow increased densities from the A-1 district when public water or sewer are provided.  R-1 Suburban Residential.  The purpose of the R-1 district is to provide areas which are in close proximity to existing or future development of equivalent or higher densities, and which are intended for low density residential development were public water and sewerage facilities are available. Development in the R-1 district is intended to be characterized by single-family dwellings.  R-2 Urban Residential--Medium Density.  The purpose of the R-2 district is to provide areas of medium-intensity residential uses designed and intended to be primarily characterized by townhouses, duplexes and single-family homes. Such districts are to be located near centers of urban concentrations, only where approved water and sewerage are available and where transportation systems are adequate.  R-3 Urban Residential--High Density.  The purpose of the R-3 district is to provide areas of high-intensity residential uses designed and intended to be primarily characterized by multifamily dwellings and townhouses. Such districts are to be located at centers of urban concentrations, only where approved water and sewerage are available and where transportation systems are adequate.  R-4 Manufactured Home.  The purpose of the R-4 district is to establish areas of the county which are intended for the accommodation of transportable single-family dwelling units, registered and identified by the State of Virginia as manufactured homes, formerly known as mobile homes. It is intended that these manufactured homes be located in high-density, yearround, park-type developments or subdivisions where all necessary public facilities are available and in close proximity to major roads capable of handling high volumes of traffic.  B-1 Convenience Commercial.  The purpose of the B-1 district is to provide areas for selected retail shopping and personal services to serve only the needs of the adjacent urban residential areas. Such areas are intended to be located only at strategic sites in relation to population centers and transportation networks.  B-2 Urban Commercial.  The purpose of the B-2 district is to designate appropriate areas for high-intensity commercial uses intended to serve retail sales and service, business and professional service needs at a regional or countywide scale. These areas should be located at strategic nodes along arterial and major collector roads where there are adequate utilities and facilities to serve intense development.  B-3 Office.  The purpose of the B-3 district is to provide areas of the county for the location of professional offices and office parks. Such areas should be located as transitional areas between commercial and residential uses.  RBC Recreational Business Campus.  The purpose of the RBC district is to provide areas for professional office, general office, research and development, hotel, conference facilities, low to medium intensity retail, health and fitness clubs, executive style housing, retirement housing, active recreational activities and other specified uses in a business campus environment integrated with activities dependent on significant areas of open space such as golf courses, marinas, and/or nature and wildlife preserves. This district should be located near significant environmental features such as forests, lakes with at least five (5) acres of surface water area and/or rivers and where there is provision for adequate access to major collector or higher category roadways and public sewer and water utilities.  RC Rural Commercial.  The purpose of the RC district is to provide commercial uses for the convenience of nearby rural populations at intersections of arterial and major collector roads and in structures not exceeding ten thousand (10,000) square feet of gross floor area.  SC Suburban Commercial.  The purpose of the SC district is to establish areas for commercial uses designed and intended primarily to serve the needs of the immediate neighborhood in which they are located. This district should be established at locations conveniently accessible to suburban residential areas without exceeding the design capacity of road intersections serving the site.  M-1 Light Industrial.  The purpose of the M-1 district is to establish areas of the county to provide for certain types of business and industrial uses characterized by light manufacturing, fabricating, warehousing and wholesale distribution, which are relatively free from offensive

activities and which, with proper performance standards, will not detract from residential or commercial desirability of adjacent properties. It is intended that the M-1 district encourage the development of parks for the location of these uses. These districts should be located only where all necessary public utilities are available and where transportation systems are adequate.  M-2 Heavy Industrial.  The purpose of the M-2 district is to provide areas within the county suitable for a variety of industrial type uses which may not be compatible with residential uses due to some potential nuisance or hazard. The development of "industrial parks" in the M-2 district are encouraged. Conditional use permits are required for most uses within the M-2 district to assure protection of the general public and surrounding properties. These districts should only be located where all necessary public utilities are available and where transportation systems are adequate.  PD-1 Planned Development--1.  The purpose of the PD-1 district is to provide areas of the county of not less than one hundred fifty (150) acres nor more than five hundred (500) acres which are suitable for a planned, mixed-use suburban development with a variety of housing types and commercial uses intended to serve the immediate community. This district should be located only where approved water and sewerage are available or planned and where transportation systems are adequate.  PD-2 Planned Development--2.  The purpose of the PD-2 district is to provide areas of the county of not less than five hundred (500) nor more than eight hundred fifty (850) acres which are suitable for a planned, neotraditional mixed-use development with a variety of housing types and commercial uses intended to serve the immediate community. This district should be located only where approved water and sewerage are available or planned and where transportation systems are adequate.  LC--Life Care/Retirement Community.  The purpose of the LC district is to provide areas for the continuing care of elderly, providing for transitional housing progressing from independent living in various dwelling units, with or without kitchen facilities, and culminating in nursing home care, where all related uses are located on the same lot or adjacent lots (which includes lots separated by a public right-of-way). The community may include life care facilities that provide services integral to the personal and therapeutic care of the residents thereof and shall be licensed and regulations as a home for adults under Section 63.1 of the Code of Virginia, as amended, or any successors legislation. Such districts are to be located only where approved water and sewerage are available and where transportation systems are adequate.  P-TND Planned - Traditional Neighborhood Development.  The purpose of the P-TND is to provide areas of the county which are suitable for an approach to land-use planning and urban design that promotes the development or redevelopment of pedestrian-friendly neighborhoods with a mix of uses, housing types and prices, lot sizes and density, architectural variety, a central civic building and use, a network of streets and alleys that may include on-street parallel parking, and defined development edges.  AD Airport Impact.  The purpose of the AD district is to provide an overlay zone in areas which are subject to intense and/or frequent emissions of noise and vibration from airports as well as prevent obstructions of airport zones which may result in an air navigation hazard.  CB Chesapeake Bay Preservation Area.  The purpose of the CB district is to provide an overlay zone to protect the valuable resources of and related to the Chesapeake Bay, in accordance with the Virginia Code and adopted plans.  FH Flood Hazard.  The purpose of the FH district is to provide for an overlay zone with limitations on development in areas likely to be inundated by the one-hundred-year-flood event, as defined by current flood insurance rate maps (FIRMs) for Stafford County, in order to protect life and property and to prevent or minimize flood damage.  HC Highway Corridor.  The purpose of the HC district is to provide an overlay zone along developed and rapidly developing high traffic road facilities where appropriate special standards for such corridors would address access and design needs.  HG Historic Gateway Corridor.  The purpose of the HG district is to implement the goals of the comprehensive plan by protecting cultural resources by guiding new development along major entrance routes to the designated areas.  HI Heritage Interpretation.  The purpose of the HI district is: 

1.   To reserve areas in all regions of the county for interpretation of heritage sites and to retain the setting and feeling of the cultural landscape.2.   To permit restoration, preservation, conservation, education, research and business activities related to the operation of a museum and other historic sites in Stafford County.3.   To provide heritage tourism opportunities.4.   To promote the preservation and enhancement of unique Stafford County cultural resources.HR Historic Resource.  The purpose of the HR district is to provide for the protection of historic resources in the county.  MZ Military Facility Impact.  The purpose of the MZ district is to provide an overlay zone to address the interaction between military facilities and surrounding land uses.  RP Reservoir Protection.  The purpose of the RP district is to provide an overlay zone which requires best management practices (BMPs) and other protective measures in areas critical to the integrity of public water supplies, rivers and streams, and other sensitive features.  (Ord. No. 094-29, § 28-304, 8-9-94; Ord. No. 099-26, 7-13-99; Ord. No. 003-03, 7-1-03; Ord. No. O05-21, 3-15-05; Ord. No. O07-39, 7-17-07; Ord. No. O07-68, 10-2-07; Ord. No. O08-02, 5-6-08)Sec. 28-35.  Table of uses and standards.

Table 3.1, District Uses and Standards, sets forth the uses and standards for each zoning district in Stafford County. No land or structure shall be used, occupied or developed except in accordance with the standards set forth therein.(Ord. No. 094-29, § 28-305, 8-9-94; Ord. No. O05-21, 3-15-05)

Table 3.1. District Uses and Standards    A-1 Agricultural.   

The purpose of the A-1 district is to reserve areas for traditional agricultural activities and to provide for their continuation as well as preservation of areas of rural character.(a)   Uses permitted by right:    Accessory dwelling.Agricultural service establishment on lots greater than or equal to five (5) acres.Agriculture.Aquaculture.Automobile avocation.Bed and breakfast inn.Boat sales.Campground.Cemetery.Club/lodge/fraternal organization.Community use.Equestrian use and bridle path.Feed lot.Forestry.Golf course.Group family day care home (in accordance with section 28-39(g)).Home business.Home occupation.Manufactured home qualifying as a single-family home under Virginia Code.Noncommercial kennel.Park and playground.Parking and storage of commercial vehicles.Place of worship.Plant and tree nursery/greenhouse.Public facilities/utility but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit.Public works excluding wastewater treatment facilities.Recreational enterprise.Recreational facility.

Sawmill and ancillary products.Secondary dwelling fifty (50) or more years in age upon referral of the Stafford County Historic Commission.Single-family dwelling.Slaughter and animal processing incidental to agricultural intensive use.Small family day care.Veterinary clinic.Wayside stand.(b)   Conditional use permit:    Airport, private.Child care center.Commercial kennel.Commercial tree stump grinding and mulch sale.Communication facility.Horseracing.Hotel/motel.Indoor flea market.Marina.Nursing home.Outdoor flea market.Public facility/utility for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).School.Travel trailer/RV park.Turkey shoot.(c)   Special exception:    Agricultural service establishment on lots less than five (5) acres.Parking and storage of commercial vehicles on lot(s) less than three (3) acres in size.Rural home business.(d)   Requirements:    (1)   Intensity:    Open space ratio for public works, cemetery, club, lodge, fraternal organization, schools, and places of worship..........0.50Open space ratio, other uses..........0.80 ratio(2)   Minimum lot area (in acres)  ..........3  (3)   Minimum yards:          Feet  Front..........50Side..........20Back..........35(4)   Maximum height (in feet)  ..........35  (5)   Minimum lot width (in feet)  ..........200  (Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-41, 5-16-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-05, 1-2-96; Ord. No. 096-09, 2-6-96; Ord. No. 097-13, 1-21-97; Ord. No. 097-19, 2-18-97; Ord. No. 097-35, 5-6-97; Ord. No. 000-28, 5-16-00; Ord. No. 000-73, 9-12-00; Ord. No. 001-27, 5-1-01; Ord. No. 002-08, 3-19-02; Ord. No. 002-17, 6-18-02; Ord. No. O03-29, 6-17-03; Ord. No. O05-21, 3-15-05; Ord. No. O06-83, 10-17-06; Ord. No. O07-66, 9-4-07)A-2 Rural Residential.   

The purpose of the A-2 district is to provide a transition between rural and urban areas, where public water and sewer utilities may be provided.(a)   Uses permitted by right:    Accessory dwelling.Agriculture.Aquaculture.Automobile avocation.Bed and breakfast inn.

Community use.Equestrian use and bridle path.Golf course.Group family day care home (in accordance with section 28-39(g)).Home occupation.Manufactured home.Noncommercial kennel.Park and playground.Place of worship.Public facilities/utility but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit.Public works excluding wastewater treatment facilities.School.Single-family dwelling.Small family day care.(b)   Conditional use permit:    Club, lodge, fraternal organization.Communication facility.Hospital.Marina.Nursing home.Public facility/utility for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).Recreational enterprise.(c)   Special exception:    Home business.Parking and storage of commercial vehicles.(d)   Requirements:    (1)   Intensity:    Open space ratio for public works, cemetery, club, lodge, fraternal organization, schools, and places of worshipa..........0.50Open space ratio, other uses..........0.80 ratio(2)   Minimum lot area (in acres)  ..........1  (3)   Minimum yards:          Feet    Front..........40Side..........10Back..........35(4)   Maximum height (in feet)  ..........35  (5)   Minimum lot width (in feet)  ..........100  (Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-41, 5-16-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-09, 2-6-96; Ord. No. 097-18, 2-18-97; Ord. No. 097-19, 2-18-97; Ord. No. 002-17, 6-18-02; Ord. No. O03-29, 6-17-03; Ord. No. O06-83, 10-17-06; Ord. No. O07-66, 9-4-07)R-1 Suburban Residential.   

The purpose of the R-1 district is to provide areas which are in close proximity to existing or future development of equivalent or higher densities, and which are intended for low-density residential development where public water and sewerage facilities are available. Development in the R-1 district is intended to be characterized primarily by single-family dwellings.(a)   Uses permitted by right:    Accessory dwelling.Cluster development.Community use.Duplex in approved cluster development.Group family day care home.Home occupation.

Park and playground.Public facilities/utility but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit.Public works excluding wastewater treatment facilities.School.Single-family dwelling.Small family day care.(b)   Conditional use permit:    Bed and breakfast inn.Golf course.Marina.Nursing home.Place of worship.Public facility/utility for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).Recreational facility.(c)   Special exception:    Home business.Keeping of horses and ponies on three-acre or larger lots.(d)   Requirements:    (1)   Intensity:    Allocated density..........1.5 du/acOpen space ratio..........0.50 ratio(2)   Minimum yards:          Feet    Front..........30Side..........10Back..........35(3)   Maximum height (in feet)  ..........35  (4)   Minimum lot width (in feet)  ..........80  (5)   Cluster development  ..........See Table 5.1 for requirements  **For duplex structures, the minimum width of any individual side yard is eight (8) feet, and the minimum total width between structure is ten (10) feet.(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-38, 5-16-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-09, 2-6-96; Ord. No. 097-13, 1-21-97; Ord. No. 099-45, 8-17-99; Ord. No. 000-22, 10-17-00; Ord. No. O06-83, 10-17-06)R-2 Urban Residential--Medium Density.   

The purpose of the R-2 district is to provide areas of medium density residential uses designed and intended to be primarily characterized by multifamily dwellings, duplexes and townhouses. Such districts are to be located near centers of urban concentrations, only where approved water and sewerage are available and where transportation systems are adequate.(a)   Uses permitted by right:    Atrium house dwellings.Cluster development.Community use.Duplex.Group family day care home.Home occupation.Lot-line dwellings.Multifamily dwelling.Park and playground.Patio house dwellings.Public facilities/utility but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit.Public works excluding wastewater treatment facilities.School.Single-family dwelling.

Small family day care.Townhouse.Village house dwellings.Weak-link townhouse dwellings.(b)   Conditional use permit:    Assisted living facility.Golf course.Marina.Nursing home.Place of worship.Public facility/utility for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).Recreational facility.Retirement housing.(c)   Special exception:    Home business.(d)   Requirements:    (1)   Intensity:    Allocated density..........3.5 du/acOpen space ratio..........0.25 ratioTABLE INSET:

(2)  Minimum yards (in feet)   

Single-

Duplex   

Town- Multi- Com-

Lot-line Atrium Village Patio

Weak

family    house family mercial     Link

TownhouseFront    20    20    8    15    40    20    8    15    12    15   

Side    10    3/15    15*    15    0/15    5/20****    0    3    0    0   Back    35    35    25    20    12/35    30    0    25    0    24   (3)  Maximum height (in feet)      35    35    40    45    45    35    18    35    35    28   (4)  Minimum lot width (in feet)      80    45    20    --    --    70    50    60    50    36   (5)  Minimum lot size (in sq. ft.)      --    --    --    --    --    7,000    4,000    6,000    5,000   

 3,600   

*For duplex structures, the minimum width of any individual side yard is three (3) feet, and the minimum total width between nonattached structures is fifteen (15) feet.**For multi-family structures, the minimum setback is thirty-five feet from any public right-of-way, and thirty (30) feet from any other structure.***For lot line dwellings, the minimum width of any individual side yard is five (5) feet, and the minimum total width between structures is twenty (20) feet.(6)   Cluster development  .......... See Table 5.1 for requirements  (Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-09, 2-6-96; Ord. No. 099-42, 7-13-99; Ord. No. 099-45, 8-17-99; Ord. No. 000-41, 8-8-00; Ord. No. 000-22, 10-17-00; Ord. No. O06-83, 10-17-06; Ord. No. O07-68, 10-2-07)R-3 Urban Residential--High Density.   

The purpose of the R-3 district is to provide areas of high density residential uses designed and intended to be primarily characterized by multifamily dwellings and townhouses. Such districts are to be located near centers of urban concentrations, only where approved water and sewerage are available and where transportation systems are adequate.(a)   Uses permitted by right:    Atrium house dwellings.

Cluster development.Community use.Duplex.Group family day care home.Home occupation.Lot-line dwellings.Multifamily dwelling.Park and playground.Patio house dwellings.Public facilities/utility but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit.Public works excluding wastewater treatment facilities.School.Single-family dwelling.Small family day care.Townhouse.Village house dwellings.Weak-link townhouse dwellings.(b)   Conditional use permit:    Assisted living facility.Golf course.Marina.Nursing home.Place of workshop.Recreational facility.Retirement housing.

(c)   Special exception:    Home business.Public facility/utility for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).(d)   Requirements:    (1)   Intensity:    Allocated density..........7.0 du/acOpen space ratio..........0.25 ratio

(2)  Minimum yards Single-

Duplex   

Town- Multi- Lot

  Atrium    Village    Patio   Weak-link

Townhouse(in feet)    family    house   family 

*** LineFront    20    20    8    15    20    8    10    10    15   Side    10    3/15**    15    15    5/15*    0    3    0    0   Back    35    35    25    20    30    0    20    0    25   

(3)  Maximum height (in feet)      35    35    40    65    35    18    35    35    32   (4)  Minimum lot width (in feet)      80    45    20    --    65    50    60    50    36   (5)  Minimum lot size (in square feet)    --    --    --    --    6,500    3,500    5,500    5,000    3,200   

*For lot line dwellings, the minimum width of any side yard is five (5) feet, and the minimum total width between structures is fifteen (15) feet.**For duplex structures, the minimum width of any individual side yard is three (3) feet, and the minimum total width between nonattached structures is fifteen (15) feet.

***For multifamily structures, the minimum setback is thirty-five (35) feet from any public right-of-way, and thirty (30) feet from any other structure.(6)   Cluster development  .......... See Table 5.1 for requirements  (Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-09, 2-6-96; Ord. No. 099-42, 7-13-99; Ord. No. 099-45, 8-17-99; Ord. No. 000-41, 8-8-00; Ord. No. 000-22, 10-17-00; Ord. No. O06-83, 10-17-06; Ord. No. O07-68, 10-2-07)

R-4 Manufactured Homes.    The purpose of the R-4 district is to establish areas of the county which are intended to

accommodate transportable single-family dwelling units, registered and identified by the State of Virginia as manufactured homes, formerly known as mobile homes. It is intended that these manufactured homes be located in high density, yearround park type developments where all necessary public facilities are available and in close proximity to major roads capable of handling high volumes of traffic.(a)   Uses permitted by right:    Community facility.Group family day care home.Home occupation.Manufactured home park.Manufactured home subdivision.Manufactured home/mobile home.Park and playground.Parking of tractors for use in the manufactured home park.Public facilities/utility but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit.Public works excluding wastewater treatment facilities.Small family day care home.(b)   Conditional use permit:    Public facility/utility for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).Recreational facility.(c)   Requirements:    (1)   Intensity:    Allocated density..........7.0 du/acOpen space ratio..........0.30 ratio(2)   Minimum yards:          Feet    Front..........15Side..........5Back..........5(3)   Maximum height (in feet)  ..........35  (4)   Minimum lot width (in feet):    Single wide..........40Double wide..........50(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-09, 2-6-96; Ord. No. 099-45, 8-17-99; Ord. No. O06-83, 10-17-06)P-TND Planned-Traditional Neighborhood Development    (a)   Uses permitted by right:Bank, lending institution with no drive-through facility.Bed and breakfast inn, up to five (5) rooms.Bike station.Carry out/cafe with no drive-through facility.Center for the arts.Conference center.Convention center.Country inn, up to twelve (12) rooms.

Day care center.Dormitory, school.Duplex.Dwelling, accessory.Dwelling, atrium house.Dwelling, attached.Dwelling, carriage house.Dwelling, condominium.Dwelling, lot line.Dwelling, multifamily.Dwelling, patio house.Dwelling, quadruple-attached.Dwelling, semi-detached.Dwelling, single-family.Dwelling, three-family attached.Dwelling, townhouse.Dwelling, village house.Exhibition center.Funeral home.High intensity retail uses not otherwise listed.Home occupation.Hotel.Instruction with studio.Kiosk.Library.Live/work unit.Medical, dental office.Medical, dental clinic.Museum.Open, farmers market.Outdoor pavilion.Place of worship.Professional office.Public facilities for water/sewer pump stations and water tanks.Public works.Push cart.Restaurant.Retail uses permitted by right in the B-2 zoning district.School.School, college or university.School, vocational.Telecommunication antennas as an ancillary use to an existing building or structure.Theater, movie/multiplex,Triplex.(b)   Conditional use permit:Automobile repair.Drive-through facilities.Home business.Golf course, minimum of eighteen (18) holes and may include practice tees and golf driving range as an accessory only.Hospital.Motel.Public facilities, except for water/sewer pump stations.Substation.Telecommunication facility.

Telecommunication facility other than antennas which are ancillary to an existing building or structure.Vehicle fuel sales.

(c)   Requirements:(1)   Intensity:Minimum gross tract area/acres . . . 75 except for redevelopment, provided there is no increase of impervious area greater than ten (10) percent, no minimum gross tract area/acres for such redevelopment.Allocated density, gross tract . . . 10 d.u./gross tract acresOpen space ratio, gross tract . . . 0.25/ratio(2)   Refer to tables 3.5(a), 3.5(b), 3.5(c), 3.5(d), 3.5(e), 3.5(f), and 3.5(g) for additional intensity regulations within specific Transect Zones(Ord. No. O07-39, 7-17-07)B-1 Convenience Commercial:   

The purpose of the B-1 district is to provide areas for selected retail shopping and personal services to serve only the needs of the adjacent residential areas. Such areas are intended to be located only at strategic sites in relation to population centers and transportation networks.(a)   Uses permitted by right:    Bakery.Bank and lending institution.Barber/beauty shop.Club/lodge/fraternal organization.Convenience center.Convenience store.Dance studio.Drug store.Dry cleaner/laundry.Flex office.Florist.General office use.Gift/antique shop.Indoor flea market.Low intensity commercial retail.Medical/dental office.Medium intensity commercial retail.Place of worship.Plant and tree nursery.Professional office.Public facilities/utility but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit.Public works excluding wastewater treatment facilities.Restaurant without a drive through facility.Retail food shop.School.School, vocational.Tailor shop.Veterinary clinic.(b)   Conditional use permit:    Adult business.Arcade.Broadcasting station.Car wash.Child care center.Clinic, medical and dental.

High intensity commercial retail not otherwise listed for this district.Hospital.Outdoor flea market.Pet store.Public facility/utility for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).Recreational enterprise.Retail photo laboratory processing.Restaurant with a drive through facility.Vehicle fuel sale and accessory auto repair.(c)   Requirements.    (1)   Intensity:          Ratio    Maximum floor area ratio..........0.50Open space ratio..........0.30(2)   Minimum yards:          Feet    Front*..........40Side**.......... 0Back..........25(3)   Maximum height (in feet)  ..........40  *Front setback may be reduced. Specified in section 28-59(f)(10).**Where adjoining property is other than commercial or industrial, the side yard shall be fifteen (15) feet or greater.(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 096-05, 1-2-96; Ord. No. 000-35, 6-6-00; Ord. No. 002-18, 4-2-02; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O06-73, 12-19-06; Ord. No. O07-42, 9-4-07; Ord. No. O08-61, 9-2-08; Ord. No. O09-04, 3-3-09)B-2 Urban Commercial.   

The purpose of the B-2 district is to designate appropriate areas for high intensity commercial uses intended to serve retail sales and service and business and professional service needs, at a regional or countywide scale. These areas should be located at strategic nodes along arterial and major collector roads where there are adequate utilities and facilities to serve intense development.(a)   Uses permitted by right:    Adult day care center.All uses permitted by right in the B-1 district.Bank and lending institution.Barber/beauty shop.Building material sale and storage yard and mulch sale.Car wash.Child care center.Club, lodge, fraternal organization.Convenience center.Dance studio.Drug store.Dry cleaner/laundry.Flex office.Florist.Funeral home.General office use.Gift/antique shop.Hotel.Indoor flea market.Lot intensity commercial retail.Lumber/building/electrical/plumbing supply with covered storage.Machinery sale and service.Medical/dental office.

Medium intensity commercial retail.Motel.Pet store.Place of worship.Plant and tree nursery/greenhouse.Printing, publishing, engraving.Professional office.Public facilities/utility but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit.Public works excluding waste water treatment facilities.Recreational enterprise.Restaurant.Retail bakery.Retail food shop.School.School, vocational.Tailor shop.Theater with fewer than 3,500 seats.Warehousing, mini-storage.Wholesale business.(b)   Conditional use permit:    Adult business.Arcade.Auto service.Automobile repair.Boat sales.Broadcasting station.Clinic, medical/dental.Dwelling for watchman or caretaker on premises.Fleet parking.Hospital.Marina.Motor vehicle rental.Motor vehicle sales.Nightclub.Outdoor flea market.Public facility/utility for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).Retail photo laboratory processing.Theater with 3,500 or more seats.Vehicle fuel sales.Warehouse, storage.(c)   Requirements:    (1)   Intensity:          Ratio    Maximum floor area ratio..........0.40Open space ratio..........0.25(2)   Minimum yards:          Feet    Front*..........40Side**.......... 0Back..........25(3)   Maximum height (in feet)  ..........65  *Front setback may be reduced. Specified in section 28-59(f)(10).**Where adjoining property is other than commercial or industrial, the side yard shall be fifteen (15) feet or greater.

(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-40, 5-16-95; Ord. No. 096-05, 1-2-96; Ord. No. 097-19, 2-18-97; Ord. No. 099-42, 7-13-99; Ord. No. 000-35, 6-6-00; Ord. No. 001-04, 1-2-01; Ord. No. 001-16, 4-10-01; Ord. No. 001-27, 5-1-01; Ord. No. 001-39, 8-16-01; Ord. No. 001-48, 9-13-01; Ord. No. 002-18, 4-2-02; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O06-73, 12-19-06; Ord. No. O07-42, 9-4-07; Ord. No. O07-78, 12-18-07; Ord. No. O08-61, 9-2-08)B-3 Office.   

The purpose of the B-3 district is to provide areas in the county for the location of professional offices and office parks. Such areas should be located as transitional areas between commercial and residential uses.(a)   Uses permitted by right:    Bank and lending institution.Flex office.General office use.Low intensity commercial retail.Medical/dental office.Professional office.Public facilities/utility but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit.Public works excluding wastewater treatment facilities.Restaurant without drive through.School.School, vocational.(b)   Conditional use permit:    Child care center.Hospital.Hotel/motel.Laboratory research and testing facility.Printing, publishing, engraving.Public facility/utility for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).(c)   Requirements:    (1)   Intensity:          Ratio    Maximum floor area ratio..........0.45Open space ratio..........0.30(2)   Minimum yards:          Feet    Front*..........40Side..........10Back..........25(3)   Maximum height (in feet)  ..........65  *Front setback may be reduced. Specified in section 28-59(f)(10).(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 000-35, 6-6-00; Ord. No. 002-18, 4-2-02; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O07-42, 9-4-07; Ord. No. O08-61, 9-2-08)RBC Recreational Business Campus.   

The purpose of the RBC district is to provide areas for professional office, general office, research and development, hotel, conference facilities, low to medium intensity retail, health and fitness clubs, executive style housing, retirement housing, active recreational activities and other specified uses in a business campus environment integrated with activities dependent on significant areas of open space such as golf courses, marinas, and/or nature and wildlife preserves. This district should be located near significant environmental features such as forests, lakes with at least five (5) acres of surface water area and/or rivers, and where there is provision for adequate access to major collector or higher category roadways and public sewer and water utilities.(a)   Uses permitted by right:   

Active recreation.Amphitheater.Athletic fields.Automobile service.Bake shop.Barber/beauty shop.Bank and lending institution.Bocci ball fields.Bowling alley.Business service and supply.Child care center.Clinic, medical or dental.Clubs/lodges/fraternal organizations.Community use.Conference facility.Convenience center.Convenience store.Croquet field.Dance studio.Dance/exercise studio.Drug store.Dry cleaner/laundry.Executive style housing.Flex office.Florists.General office use.Gift/antique shops.Golf course.Golf driving range and practice area.Health/fitness club or spa.High intensity commercial retail.Horseback riding and stables.Hotel/motel.Laboratory, development, research and testing.Light industrial use.Light manufacturing.Low intensity commercial retail.Marina.Medical/dental office.Medium intensity commercial retail.Parks and playgrounds.Passive recreation.Private school and instructional facility.Professional office.Public facilities/utility but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit.Public works excluding wastewater treatment facilities.Racquetball/squash/handball courts.Recreational facility.Restaurant.Retail food store (one such store shall be permitted per 500 acres of a district).Retirement housing.School.Skating rink.Swimming pool/sauna.Tennis court/club.

Theater.Volleyball court/club.(b)   Conditional use permit:    Convention facility.Helistop.Motor vehicle rental.Nightclub.Public facility/utility for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).Recreational enterprises not otherwise permitted as a matter of right in (a) above.School.School, vocational.Vehicle fuel sales.(c)   Requirements:    (1)   Intensity:    Allocated density (executive housing) . . . 1 du per 6 acresAllocated density (retirement housing) . . . 7 du per acreMinimum open space ratio (net on site, nonresidential . . . 0.25Minimum open space ratio (executive housing) . . . 0.5Minimum open space ration (gross for district . . . 0.55Minimum open space ratio (retirement housing) . . . 0.25Maximum floor area ratio (office) . . . 1.0Maximum floor area ratio (commercial retail) . . . 0.5Maximum floor area ratio (hotel) . . . 0.75Maximum floor area ratio (other) . . . 0.5

(2)   Minimum yards:          Feet    Front . . . 40SideBack . . . 25(Retirement housing)..........See Table 5.1, Cluster option for R-2 District

  Multi-family    Feet   

Front..........    40   

Side..........    0   

Back..........    25   * For multifamily structures, the minimum setback is thirty-five (35) feet from any public right-of-way, and thirty (30) feet from any other structure.Nonresidential buildings shall have an additional yard requirement of one foot for each foot of building height greater than fifty (50) feet.(3)   Maximum building height  ..........120  (4)   Minimum district size  ..........500 acres  (5)   Minimum lot area.    Retirement housing . . . See Table 5.1, Cluster Option for R-2 DistrictExecutive housing . . . 1 acre(Ord. No. 099-26, 7-13-99; Ord. No. 099-59, 11-4-99; Ord. No. 099-60, 11-4-99; Ord. No. 000-42, 6-20-00; Ord. No. 001-16, 4-10-01; Ord. No. 001-27, 5-1-01; Ord. No. 001-48, 9-13-01; Ord. No. 002-18, 4-2-02; Ord. No. 003-03, 7-1-03; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O07-78, 12-18-07; Ord. No. O08-60, 9-2-08)RC Rural Commercial.   

The purpose of the RC district is to provide areas of the county located at strategic intersections of arterial and major collector roads where commercial uses in centers of less than

ten thousand (10,000) square feet of gross floor area, for the convenience of nearby rural populations, can be located.(a)   Uses permitted by right:    Agricultural service establishment.Bank and lending institution.Barber/beauty shop.Convenience center.Convenience store.Dance studio.Drug store.Flex office.Florist.Gift/antique shop.Low intensity commercial retail.Lumber/building/electrical/plumbing supply with covered storage and wholesale mulch sale.Medical/dental office.Medium intensity commercial retail.Place of worship.Professional office.Public facilities/utility but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit.Public works excluding wastewater treatment facilities.Restaurant without a drive through.Retail bakery.Retail food store.School, vocational.Tailor shop.Veterinary clinic.(b)   Conditional use permit:    Adult business.Auto service.Broadcasting station.Child care center.Commercial kennel.Dry cleaner.Indoor flea market.Medical clinic.Outdoor flea market.Public facility/utility for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).Vehicle fuel sale.(c)   Requirements:    (1)   Intensity:          Ratio    Maximum floor area ratio..........0.45Open space ratio..........0.40(2)   Minimum yards:          Feet    Front..........40Side..........10Back..........25(3)   Maximum height (in feet)  ..........35  (Ord. No. 094-29, 8-9-94; Ord. No. 096-05, 1-2-96; Ord. No. 002-08, 3-19-02; Ord. No. 002-18, 4-2-02; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O06-73, 12-19-06; Ord. No. O08-61, 9-2-08)SC Suburban Commercial.   

The purpose of the SC district is to establish areas for commercial uses designed and intended primarily to serve the needs of the immediate neighborhood in which they are located. This district should be established on major thoroughfares at locations convenient and accessible to residential areas without vehicular trips.(a)   Uses permitted by right:    Adult day care center.Bakery.Bank and lending institution.Barber/beauty shop.Child care center.Convenience center without vehicle fuel sale.Dance studio.Drug store.Dry cleaner/laundry.Florist.Gift/antique shop.Low intensity commercial retail.Medium intensity commercial retail.Medical/dental office.Place of worship.Professional office.Public facilities/utility but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit.Public works excluding wastewater treatment facilities.Restaurant without a drive through.School.School, vocational.Tailor shop.(b)   Conditional use permit:    Adult business.Broadcasting station.Funeral home.High intensity commercial retail not otherwise listed.Indoor flea market.Outdoor flea market.Public facility/utility for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).Recreational enterprise.(c)   Requirements:    (1)   Intensity:          Ratio    Maximum floor area ratio..........0.35Open space ratio..........0.40(2)   Minimum yards:          Feet    Front*..........40Side..........10Back..........25(3)   Maximum height (in feet)  ..........35  *Front setback may be reduced. Specified in section 28-59(f)(10).(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 096-05, 1-2-96; Ord. No. 099-42, 7-13-99; Ord. No. 000-35, 6-6-00; Ord. No. O06-01, 6-20-06; Ord. No. O06-74, 10-17-06; Ord. No. O06-83, 10-17-06; Ord. No. O06-73, 12-19-06; Ord. No. O07-42, 9-4-07; Ord. No. O07-78, 12-18-07; Ord. No. O08-61, 9-2-08)M-1 Industrial Light.   

The purpose of the M-1 district is to establish areas of the county to provide for certain types of business and industrial uses characterized by light manufacturing, fabrication,

warehousing and wholesale distribution, which are relatively free from offensive activities and which, with proper performance standards, will not detract from residential desirability of adjacent properties. It is intended that the M-1 district encourage the development of parks for the location of these uses. These [This] district should be located only where all necessary public utilities are available and where transportation systems are adequate.(a)   Uses permitted by right:    Aquaculture.Automobile assembling, disassembling, painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repairing or overhauling, tire retreading or battery manufacture.Building materials sales and service yards.Commercial kennels.Contractors equipment and storage yards.Convenience center.Convenience store.Fleet parking.Flex office.General office uses.Laboratory, research and testing.Light industrial uses.Light manufacturing uses.Machinery sales and service.Motor vehicle rental.Parking and storage of tractor trailers.Printing, publishing, engraving.Public facilities/utility but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit.Public works excluding wastewater treatment facilities.Railroad sidings.Restaurants without drive through.School, vocational.Selected indoor recreational enterprises within industrial parks.Storage warehouse.Veterinary clinic.Vocational school.Warehousing, mini-storage.Welding or machine shops (including the use of punch presses not to exceed fifty (50) tons rated capacity).Wholesale business.(b)   Conditional use permit:    Adult business.Airport, private.Boat sales.Communication facility.Dwelling for watchman or caretaker on premises.Low intensity commercial retail not otherwise listed.Medium intensity commercial retail not otherwise listed.Motor vehicle sales.Other light industrial and manufacturing uses not otherwise listed for this district.Place of worship.Public facility/utility for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).Recycling facilities.School.School, industrial.

Truck stop.Vehicle fuel sales.(c)   Requirements:    (1)   Intensity:          Ratio    Maximum floor area..........0.35Open space ratio..........0.20(2)   Minimum yards:          Feet    Front*..........40Side**..........15Back**..........15(3)   Maximum height (in feet)  ..........65  *Front setback may be reduced. Specified in section 28-59(f)(10).**When adjoining any nonindustrial district, the setbacks shall be at least forty (40) feet.(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 097-04, 1-7-97; Ord. No. 097-25, 3-18-97; Ord. No. 097-36, 5-20-97; Ord. No. 097-43, 6-17-97; Ord. No. 000-35, 6-6-00; Ord. No. 001-27, 5-1-01; Ord. No. 001-48, 9-13-01; Ord. No. 002-18, 4-2-02; Ord. No. 002-17, 6-18-02; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O06-73, 12-19-06; Ord. No. O07-78, 12-18-07)M-2 Industrial, Heavy.   

The purpose of the M-2 district is to provide areas within the county suitable for a variety of industrial type uses which may not be compatible with residential uses due to some potential nuisance or hazard. The development of "industrial parks" in the M-2 district is encouraged. Conditional use permits are required for certain uses within the M-2 district to assure protection of the general public and surrounding properties. These districts should only be located where all necessary public utilities are available and where transportation systems are adequate.(a)   Uses permitted by right:    All uses permitted by right in the M-1 district.Aquaculture.Building material sales and service yards.Commercial kennels.Contractors equipment yard or rental of equipment.Convenience center.Convenience store.Fleet parking for vehicles.Flex office.General office uses.Laboratory, research and testing.Light industrial uses.Light manufacturing uses.Machinery sales and service.Printing, publishing, and engraving.Public facilities/utility but not including generating facilities, substations, switching stations and wastewater treatment facilities.Public works excluding wastewater treatment facilities.Railroad sidings.Recycling facilities.Restaurants without drive through.School, vocational.Storage warehouses.Truck/freight terminals.Truck wash.Welding or machine shops (including the use of punch presses not to exceed fifty (50) tons rated capacity).Wholesale business.

(b)   Conditional use permit:   

Adult business.Airport, private.Automobile salvage yard or operations.Communication facility.Dwellings for watchman or caretaker.Feed lots.Heavy industrial and heavy manufacturing uses not otherwise listed for this district.Junkyard.Light industrial and manufacturing not otherwise listed.Low intensity commercial retail not otherwise listed.Medium intensity commercial retail not otherwise listed.Place of worship.Public facility/utility for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).Sale of motor vehicles of a gross weight greater than five (5) tons or with a capacity to carry more than sixteen (16) passengers.School, industrial.Slaughter and animal product processing.Truck stop.Vehicle fuel sales.(c)   Requirements:    (1)   Intensity:          Ratio    Maximum floor area ratio..........0.35Open space ratio..........0.25(2)   Minimum yards:          Feet    Front*..........40Side..........40Back..........40(3)   Maximum height (in feet)  ..........65  *Front setback may be reduced. Specified in section 28-59(f)(10).(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-40, 5-16-95; Ord. No. 097-36, 5-20-97; Ord. No. 097-43, 6-17-97; Ord. No. 097-77, 11-25-97; Ord. No. 000-29, 10-17-00; Ord. No. 001-48, 9-13-01; Ord. No. 002-18, 4-2-02; Ord. No. 002-17, 6-18-02; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O06-73, 12-19-06; Ord. No. O07-41, 9-4-07; Ord. No. O07-78, 12-18-07)

PD-1 Planned Development 1.    The purpose of the PD-1 district is to provide areas of the county of not less than one

hundred fifty (150) nor more than five hundred (500) acres which are suitable for a planned, mixed-use development with a variety of housing types and commercial uses intended to serve the immediate community. This district should be located only where approved water and sewerage area available or planned and where transportation systems are adequate.(a)   Uses permitted by right:    Accessory dwellings.Atrium house dwellings.Bakeries.Banks/lending institutions.Barber/beauty shops.Commercial apartments.Community uses.Convenience center.Convenience store.Dance studios.Drug stores.

Dry cleaners/laundries.Duplex dwellings.Florists.General office uses.Gift/antique shops.Group family day care home.Home occupation.Lot-line dwellings.Medical/dental offices.Multifamily dwellings.Parks and playgrounds.Patio house dwellings.Places of worship.Professional offices.Public facilities/utility but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit.Public works excluding wastewater treatment facilities.Recreational facilities.Restaurants without drive through.Schools.School, vocational.Single-family dwellings.Small family day care home.Townhouse dwellings.Village house dwellings.Weak-link townhouse dwellings.(b)   Conditional use permit:    Adult day care center.Assisted living facility.Clubs/lodges/fraternal organizations.Child care centers.Dwellings for watchmen or caretaker on premises.Low intensity commercial retail uses not otherwise listed.Medical/dental clinics.Public facility/utility for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).Restaurants with drive through.Retail food stores greater than ten thousand (10,000) square feet.Retirement housing.Theaters.Vehicle fuel sales.(c)   Special exception:    Home business.(d)   Requirements:    (1)   Intensity:    Allocated density..........7.0 du/acMaximum floor area (nonresidential)..........0.45 ratioOpen space ratio..........0.25 ratio

  (2)  Minimum yards Single- Duplex Town- Multi- Com-   Lot-line Atrium Village Patio Weak-link Townhouse     

(in feet)    family house family mercialFront    20    20    8    15    40    20    8    15    12    15   Side    10    3/15    15*    15    0/15    5/20****    0    3    0    0   Back    35    35    25    20    12/35    30    0    25    0    24   (3)  Maximum height (in feet)      35    35    40    45    45    35    18    35    35    28   

(4)  Minimum lot width (in feet)      80    45    20    --    --    70    50    60    50    36   

(5)  Minimum lot size (in sq. ft.)      --    --    --    --    --    7,000    4,000    6,000    5,000    3,600   

*For duplex structures, the minimum required side yard setback is three (3) feet, and the minimum required distance between structures is fifteen (15) feet.**For multifamily structures, the minimum setback is thirty-five (35) feet from any public right-of-way and thirty (30) feet from any other structure.***For commercial uses adjacent to nonresidential use, the minimum required side yard setback is zero (0) feet and the minimum required rear yard setback is twelve (12) feet. For commercial uses adjacent to residential use, the minimum required side yard setback is fifteen (15) feet and the minimum required rear yard setback is thirty-five (35) feet.****For lot line dwellings, the minimum width of any individual side yard is five (5) feet, and the minimum total width between structures is twenty (20) feet.(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-09, 2-6-96; Ord. No. 099-42, 7-13-99; Ord. No. 099-45, 8-17-99; Ord. No. 000-41, 8-8-00; Ord. No. 003-29, 6-17-03; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O07-68, 10-2-07; Ord. No. O07-78, 12-18-07)

PD-2 Planned Development 2.    The purpose of the PD-2 district is to provide areas of the county of not less than five

hundred (500) nor more than eight hundred fifty (850) acres which are suitable for a planned, mixed use development with a variety of housing types and commercial uses intended to serve the immediate community in a neotraditional manner. This district should be located only where approved water and sewerage area available or planned and where transportation systems are adequate.(a)   Uses permitted by right:   

Accessory dwelling.Bakeries.Banks.Barber shops.Commercial apartments.Community uses.Convenience center.Convenience stores.Dry cleaners/laundries.Duplex dwellings.Florists.General office uses.Gift/antique shops.Group family day care home.Home occupation.Low intensity commercial retail.Medical/dental offices.Medium intensity commercial retail.Multifamily dwellings.Parks and playgrounds.Places of worship.Professional offices.Public facilities/utility but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit.Public works excluding wastewater treatment facilities.Recreational facilities.Restaurants without drive through facilities.Retail food stores.

Schools.School, vocational.Single-family dwellings.Small family day care home.Townhouse dwellings.

(b)   Conditional use permit:    Adult day care center.Assisted living facility.Auto service centers.Child care centers.Clinics, medical or dental.Clubs/lodges/fraternal organizations.Dance halls.Dwellings for watchmen or caretaker on premises.Funeral homes.High intensity commercial retail.Hotels/motels.Marinas.Public facility/utility for generating facilities, substations, switching stations and waste water treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).Recreational enterprises.Restaurants with drive through.Retail food stores greater than ten thousand (10,000) square feet.Retirement housing.Theaters.Vehicle fuel sales.

(c)   Special exception:    Home business.

(d)   Requirements:    (1)   Intensity:    Allocated density..........3.25 du/acMaximum floor area ratio..........0.50 ratioOpen space ratio..........0.25 ratio

  (2)  Minimum yards (in feet)    Single-family    Duplex    Town-

house   Multi-family    Commercial     

Front    15    15    15    15    8   

Side    0/10*    0/10*    0/30**    0/60**    0/15***   

Back    35    35    25    0/60**    12/35***   

(3)  Maximum height (in feet)    35    35    45    45    45   *For single-family and duplex structures, the minimum required side yard setback is zero (0) feet, however, the minimum required distance between structures is ten (10) feet.**For townhouses and multifamily structures, the minimum required side setback is zero (0) feet, however, the minimum required distance between structures is thirty (30) feet and sixty (60) feet respectively.***For commercial uses adjacent to nonresidential use, the minimum required side setback is zero (0) feet and the minimum required rear setback is twelve (12) feet. For commercial uses adjacent to residential use, the minimum required side setback is fifteen (15) feet and the minimum required rear setback is thirty-five (35) feet.(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-09, 2-6-96; Ord. No. 099-42, 7-13-99; Ord. No. 099-45, 8-17-99; Ord. No. O03-29, 6-17-03; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O07-68, 10-2-07)

HI Heritage Interpretation.    The purpose of the HI district is to reserve areas in all regions of the county for

interpretation of heritage sites and to retain the setting and feeling of the cultural landscape, to permit restoration, preservation, conservation, education, research and business activities related to the operation of a museum and other historic sites in Stafford County, to provide heritage tourism opportunities, and to promote the preservation and enhancement of unique Stafford County cultural resources.

(a)   Uses permitted by right:    Accessory use or structure.Agriculture.Amphitheater.Archive.Cemetery.Gift shop.General office use.Interpretive building.Museum.Passive recreation.Professional office use.Public facilities/utilities, excluding generating facilities, substations, switching stations, water treatment and wastewater facilities, repeaters, antennas, transmitters and receivers.Public works, excluding roads, highways, transit facilities, police, correction and fire protection facilities, and public schools.Visitor center.

(b)   Conditional use permit:    Employee dwelling.Library.Restaurant without a drive-through facility.Storage, outdoor.Theater.

(c)   Requirements:    (1)   Intensity:  See subsection 28-39(q)(2).  (2)   Maximum height (in feet):  Forty (40) feet.  (Ord. No. O08-02, 5-6-08)

AD Airport Impact Overlay.    The purpose of the AD district is to provide an overlay zone in areas which are subject to

intense and/or frequent emissions of noise and vibration from such uses as airports.(a)   Uses permitted by right:    (1)   All uses permitted in the underlying district, except those specified as conditional uses.(b)   Conditional use permit:    (1)   All conditional uses permitted in the underlying district.(2)   Communication facilities.Communication towers.(3)   Any habitable structure not associated with the operation of an airport located within a designated noise impact area.(Ord. No. 094-29, 8-9-94; Ord. No. 003-45, 7-1-03)

CB Chesapeake Bay Protection Overlay.    The purpose of the CB district is to provide an overlay zone to protect the valuable

resources of and related to the Chesapeake Bay, in accordance with Virginia Code.

(a)   Uses permitted by right:    (1)   All uses permitted by right in the underlying district.(b)   Conditional use permit:    (1)   All conditional uses permitted in the underlying district.(Ord. No. 094-29, 8-9-94)

FH Flood Hazard.    The purpose of the FH district is to provide an overlay zone with limitations on

development in areas likely to be inundated by the 100-year flood event, in order to protect life and property and to prevent or minimize flood damage.

(a)   Uses permitted by right:    (1)   All uses permitted by right in the underlying district for any flood fringe or any approximated floodplain district.(b)   Conditional use permit:    (1)   All conditional use permitted in the underlying district.(c)   Special exception:    (1)   Public facilities/utilities.(2)   Streets.(3)   Bridges.(4)   Railroads.(5)   Stormwater management structures.(6)   Marinas.(7)   Docks.(8)   Wharves.(9)   Piers.(10)   Water dependent uses.(11)   Public works.(Ord. No. 094-29, 8-9-94; Ord. No. O06-83, 10-17-06; Ord. No. O07-31, 5-1-07; Ord. No. O08-37, 6-17-08)

HC Highway Corridor Overlay.    The purpose of the HC district is to protect the health, safety, and general welfare of the

public by the prevention or reduction of traffic congestion, and distracting visual clutter which may result in danger on the public and private streets, a limitation is hereby placed on certain automobile oriented, fast service, quick turnover uses and related signage, which generate traffic in such amount and in such manner as to present the possibility of increased danger to the motoring public and other impediments to safe travel. This district is created in recognition of the need to provide suitable and sufficient road systems in the county and the need to protect existing and future highways from unsafe use.

(a)   Uses permitted by right:    (1)   All uses permitted by right in the underlying district, except those specified as conditional uses.

(b)   Conditional use permit:    (1)   All conditional uses permitted in the underlying district.(2)   Automobile graveyard.(3)   Automobile service facility.(4)   Car wash.(5)   Convenience store.(6)   Funeral home.(7)   Hotel or motel.(8)   Hospital.(9)   Recreational enterprise.(10)   Any use which includes a drive through facility.(11)   Theater, arena, or auditorium.

(12)   Vehicle fuel sale.(13)   Any other uses which include through facilities.(14)   Reserved.

(c)   Requirements:    (1)   Intensity:    Maximum floor area..........As in the underlying districtOpen space ratio..........As in the underlying district(2)   Minimum yards:    Front*, side*, back..........As in the underlying district(3)   Maximum height:    Thirty (30) feet for all structures within seventy-five (75) feet of the corridor highway; all other heights shall be as in the underlying district.(4)   Minimum lot width:  A-1, A-2, R-1, R-2, R-3, R-4, PD-1 and PD-2..........As in the underlying districtB-1, B-2, B-3, RBC, SC, RC, M-1, M-2, in feet..........200Lot width may be reduced to one hundred (100) feet if there is a shared entrance with an adjacent property or the sole access to the corridor highway is from interparcel access through adjacent properties or a local or private access. Lots created prior to January 1, 1995, shall be exempt from the minimum lot width.*Setback may be reduced by fifty (50) percent if in compliance with section 28-59(f)(10).

(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 096-26, 6-4-96; Ord. No. 002-13, 6-18-02; Ord. No. O06-01, 6-20-06; Ord. No. O07-78, 12-18-07)

HG Historic Gateway Corridor Overlay.    The purpose of the HG district is to implement the goals of the comprehensive plan by

protecting cultural resources by guiding new development along the major entrance routes to the designated areas.(a)   Uses permitted by right:    (1)   All uses permitted by right in the underlying district.(b)   Conditional use permit  :  (1)   All conditional uses permitted in the underlying district.(Ord. No. O05-36, 8-24-05)

HR Historic Resource Overlay.    The purpose of the HR district is to provide protection of historic resources in the county.

(a)   Uses permitted by right:    (1)   All uses permitted by right in the underlying district.(b)   Conditional use permit:    (1)   All conditional uses permitted in the underlying district.(Ord. No. 094-29, 8-9-94)

MZ Military Impact Zone.    The purpose of the MZ district is to provide an overlay zone to address the interaction

between military facilities and surrounding land uses.(a)   Uses permitted by right:    (1)   All uses permitted by right in the underlying district.(b)   Conditional use permit:    (1)   All conditional uses permitted in the underlying district.(Ord. No. 094-29, 8-9-94)

RP Reservoir Protection Overlay.    The purpose of the RP district is to provide an overlay zone which requires best

management practices (BMPs) and other protective measures in areas critical to the integrity of public water supplies, rivers and streams, and other sensitive features.(a)   Uses permitted by right:    (1)   All uses permitted by right in the underlying district.

(b)   Conditional use permit:    (1)   All conditional uses permitted in the underlying district.(Ord. No. 094-29, 8-9-94; Ord. No. 000-41, 8-8-00)

LC Life Care/Retirement Community.  (a)   Uses permitted by-right:   

Adult day care center.Assisted living facility.Community use.Dwelling, independent living unit.Nursing home.

(b)   Conditional use permits:    Place of worship.(c)   Special exception:   

Dwelling, employee.Home occupation.

(d)   Requirements:    (1)   Intensity:   

Minimum gross tract size (acres) . . . 20.0Allocated density . . . 15.0 du/acreOpen space ratio . . . 0.35 ratio

(2)   Minimum yards:    Front . . . 35Side . . . 15Rear . . . 35

(3)   Maximum height  . . . 65  (4)   Distance between buildings (feet)  . . . 20  (Ord. No. O07-68, 10-2-07)

Sec. 28-36.  Permitted and conditional uses.Uses shown as "permitted by right" in Table 3.1 shall be permitted by right only in the

respective districts, as shown.Uses shown as "permitted by conditional use permit" in the Table 3.1 shall require

issuance of a conditional use permit pursuant to section 28-185 prior to the issuance of a building permit or, if no building permit is required, prior to issuance of an occupancy permit for commencement of that use.(Ord. No. 094-29, § 28-306, 8-9-94)

Sec. 28-37.  Nonlisted uses.If a use is not specifically permitted anywhere in Table 3.1, an application may be made

by a property owner to the administrator for such use as a conditional use pursuant to section 28-185.(Ord. No. 094-29, § 28-307, 8-9-94)

Sec. 28-38.  Performance regulations.(a)   Bufferyards.  When a bufferyard is required under the provisions of this chapter, compliance with the buffer standards shall relieve the necessity of compliance with the minimum yard provisions, if the buffer requirement is greater than the applicable yard requirement.  (b)   Corner lots.  Nonresidential corner lots shall be considered to have two (2) fronts and are subject to front setback requirements for both fronts. Residential corner lots shall be considered to have one front where the front yard shall be determined to be the shortest street facing side. All other street facing sides shall have a yard of twenty-five (25) feet or the minimum front yard requirement, whichever is less. 

Landscaping, fences, hedges, berms, and similar features of corner lots shall not impair clear sight distance for the intersection. A clear area from three (3) feet above grade to ten (10) feet above grade shall be maintained at all times.(c)   Accessory buildings/structures.  No accessory building or structure shall be located within ten (10) feet of any property line on any lot greater than one acre; no accessory building or structure shall be located within five (5) feet of any property line on any lot of one acre or less; no accessory building and/or structure, except for walls, fences and signs shall be located in any front yard or street facing side yard.  No accessory building or structure shall be located within ten (10) feet of any other structure, unless it is attached to the primary structure and does not intrude into any required setbacks. In residential districts of lots less than one acre, no accessory building shall be located closer than five (5) feet to the property line except, on townhouse lots, accessory buildings may be located no closer than three (3) feet to the side property line and be exempt from rear setbacks where the lot abuts a common open area or other easement at least ten (10) feet in width.Notwithstanding those structures specifically excepted in section 28-24(1) or by subsection (d) below, no accessory building or structure shall exceed the height of the primary structure. On townhouse lots, no accessory building and/or structure shall exceed ten (10) feet in height.All accessory buildings and/or structures, except for fences or walls, on townhouse lots shall be not more than one hundred (100) square feet in size.All accessory buildings and/or interpretive buildings within the HI District shall be exempt from the preceding conditions listed in this subsection.(d)   Exceptions to height regulations.  The board of supervisors may modify the height requirements otherwise imposed in any district for a specific structure by review and approval of a conditional use permit, pursuant to the provisions of section 28-185.  (e)   Setbacks in approved industrial parks.  The board of supervisors may waive the minimum rear and side yard setback requirements for industries or businesses which are located within approved industrial parks, provided the setbacks permitted meet the intent and spirit of the park design and do not present any hazards to health and safety.  (f)   Setbacks requirements where street improvements are planned.  Where roadway improvement plans exist, approved by either the state or county, for the widening, opening, or relocation of any street or highway within the county, it shall be required that setbacks for any new construction be calculated based on the planned right-of-way in order to protect and preserve the right-of-way for such proposed street or highway.  (g)   Requirements for outdoor display and storage areas.    (1)   No outdoor display or storage area shall be permitted to obstruct any public access or fire exit to a building. No travel lanes or required parking shall be obstructed.(2)   Outdoor storage areas shall be screened from all public streets and adjacent properties if the adjacent property does not have outdoor display or storage areas. Outdoor storage areas shall not be permitted in any front yard.(3)   Outdoor storage of commercial vehicles and associated equipment, where permitted, shall be in the rear or side of principal structures, and shall not be visible from residential districts and public rights-of-way.(h)   Density requirements.  The allocated densities for each respective land use district shall not be exceeded. The maximum net density for all land use districts shall be calculated as follows: Subtract the areas of all wetlands, floodplains and slopes greater than thirty-five (35) percent from the gross area of the site to obtain the net area. Multiply the net area of the site by the allocated density to obtain the maximum net density permitted for the site.  (i)   Exceptions to floor area ratio regulations.  The board of supervisors may modify the floor area ratio requirements in any district for a building or structure by review and approval of a conditional use permit, pursuant to the provisions of section 28-185.  (j)   Exceptions to open space ratio.  The board of zoning appeals may modify the open space ratio requirements otherwise imposed in any district for a specific use by review and approval of a special exceptions, pursuant to the provisions of section 28-351.  (k)   Setbacks from Critical Resource Protection Area (RPA).  Setbacks shall be required for the building containing the principle use from the outermost point of the building to the nearest point of any RPA buffer line. Where the RPA buffer is located in the rear yard, the setback shall be

twenty-five (25) feet. Where the RPA buffer is located in the front or side yard, the setback shall be twelve (12) feet. 

This provision shall only apply to single family homes, townhouses, and duplexes. In addition, this provision shall only apply to new development projects submitted after June 3, 2008.(Ord. No. 094-29, § 28-308, 8-9-94; Ord. No. 094-53, 12-6-94; Ord. No. 097-58, 10-7-97; Ord. No. 000-25, 5-16-00; Ord. No. 000-33, 10-3-00; Ord. No. O03-54, 9-16-03; Ord. No. O05-44, 9-20-05; Ord. No. O05-33, 12-13-05; Ord. No. O07-40, 9-4-07; Ord. No. O08-02, 5-6-08; Ord. No. O08-28, 6-3-08)

Sec. 28-39.  Special regulations.(a)   Fences, walls and hedges.    Agricultural district (A-1).  Fences, walls, and hedges shall not exceed eight (8) feet in height along any rear or side yard within the required setbacks, nor shall they exceed five (5) feet in height along any front yard or within that portion of the side yard in front of the front setback line.  Rural and residential districts (A-2, R-1, R-2, R-3 and R-4).  Fences, walls, and hedges shall not exceed eight (8) feet in height within any side or rear yard nor four (4) feet in height within any front yard or within that portion of the side yard in front of the front setback line. In no event shall barbed wire, razor wire, or any other similar contrivance be used in residential districts.  Commercial districts (B-1, B-2, B-3, RC and SC).  Fences, walls, and hedges shall not exceed eight (8) feet in height within any side or rear yard nor four (4) feet in height within any front yard or within that portion of the side yard in front of the front setback line. The use of barbed wire, razor wire, or any other similar contrivance shall not be allowed in commercial districts except when incorporated into a fence at a height of not less than seven (7) feet from the nearest adjacent grade and located on arms which do not protrude onto or over any adjoining property.  Industrial districts (M-1 and M-2).  Fences, walls, and hedges shall not exceed eight (8) feet in height within any front, side or rear yard. The use of barbed wire, razor wire, or any other similar contrivance shall not be allowed in industrial districts except when incorporated into a fence at a height of not less than seven (7) feet from the nearest adjacent grade and located on arms which do not protrude onto or over any adjoining property.  Planned development districts (PD-1 and PD-2).  Fences, walls and hedges must conform to the criteria for fences for the type of zoning district (residential or commercial) in which the fence, wall, or hedge is located in the planned development district. 

In no event shall any fence, wall or hedge obstruct the clear sight line for vehicular traffic at entrances onto public roads.(b)   Performance standards in M-1 and M-2 districts.  The following standards shall be the minimum required of all uses in the M-1, light industrial, and M-2, heavy industrial, districts:  (1)   Within the M-1 district, all uses shall be conducted within enclosed buildings. Within the M-2 district, all uses conducted within five hundred (500) feet of any A-2, R-1, R-2, R-3 or R-4 district shall be conducted within enclosed buildings. Storage may be permitted outdoors, but shall be effectively screened by a wall, hedge, berm, fence, or landscaping, or a combination thereof, so that such outdoor storage will not be visible from a public right-of-way or property zoned other than M-1 or M-2.(2)   The total emissions rate of dust and particulate matter, or the emissions of sulfur oxides, from any and all sources related to any use in the M-1 or M-2 district shall not exceed state air pollution control board standards, and shall comply with the state air pollution control board regulations for the control and abatement of air pollution.(3)   The storage, utilization, or manufacture of explosives on a site shall not exceed five (5) pounds without the written permission of the fire marshal, subject to such conditions as he deems necessary.(4)   The storage, utilization, or manufacture of solid materials which may react to intensive heat or burning shall be conducted within spaces having fire-resistant construction rated for two (2) hours and protected with an automatic fire extinguishing system.(5)   The storage, utilization, or manufacture of flammable liquids or gases, or materials which produce flammable or explosive vapors shall be permitted only in accordance with the

requirements and specifications of the county fire prevention code and the National Fire Protection Association (NFPA).(6)   Operations shall not produce vibration or glare which adversely affects any residential area. Noise generated by operations shall conform to Chapter 16 of this Code.(c)   Manufactured home parks and subdivisions.    (1)   Lawful location of manufactured homes.    a.   It shall be unlawful for any person to permit any manufactured home which is to be used as a dwelling or living quarters to be parked upon any land under his partial or complete ownership, management, supervision, or control, unless such manufactured home is parked in a manufactured home park or manufactured home subdivision meeting the requirements of this chapter and for which site plan approval has been granted, except for those specifically permitted in the A-1 and A-2 districts which are a minimum of nineteen (19) feet in width, on a permanent foundation, and subject to the same development standards as conventional, site-built single family dwellings.b.   It shall be unlawful for any manufactured home sales establishment in the county to sell a manufactured home intended for use in the county, without informing the purchaser of county regulations pertaining to manufactured homes. It shall be unlawful for a manufactured home transporter to deliver a manufactured home to an unapproved or illegal location in the county.(2)   Manufactured home parks and subdivisions.    a.   Minimum acreage, number of lots.  A manufactured home park or subdivision shall have a minimum of fifteen (15) contiguous acres, not divided by a State maintained road, and shall contain no less than fifty (50) manufactured home lots.  b.   Open space and recreation/playground requirements.  A minimum open space ratio of 0.30 shall be required in all manufactured home parks or subdivisions; such open space shall be reserved for common use by all residents of the manufactured home park or subdivision. Each manufactured home park or subdivision shall provide at least one playground a minimum of four thousand (4,000) square feet in area. Such playground shall be provided with improvements.  c.   Parking spaces and areas.  Each manufactured home park or subdivision shall provide a minimum of two (2) off-street parking spaces per manufactured home lot. Such spaces may be located either on the individual lots or may be located in areas convenient to the lots served. In addition, each park or subdivision shall provide additional parking areas equal to one hundred eighty (180) square feet per ten (10) lots for the parking and storage of campers, recreational vehicles, boats and the like, owned by residents of the park or subdivision.  d.   Underpinning required.  Each manufactured home located within a manufactured home park or subdivision shall be equipped with noncombustible underpinning which screens the area under the unit. Such underpinning shall be installed within thirty (30) days of the location of the manufactured home in the county and shall be installed before a final occupancy permit is issued.  e.   Additions to manufactured homes; accessory structures generally.  No permanent or semi-permanent structure shall be affixed to any manufactured home located within any manufactured home park. No habitable accessory structure shall be erected on any manufactured home lot within any manufactured home park or subdivision. This prohibition shall not include canopies, awnings, or similar expansion units or accessory structures specifically designed as attachments to manufactured homes.  f.   Storage facilities for individual lots.  Each manufactured home park shall provide waterproof storage for each manufactured home lot on the premises, in an amount of at least ninety (90) cubic feet and constructed on fire resistant materials. Such storage space may be located either at a common location for all units, or upon each lot.  (d)   Horses or ponies in the R-1 districts.  The raising or keeping of horses or ponies for noncommercial purposes on lots of more than three (3) acres may be permitted by special exception, provided that:  (1)   Any structure for the housing of said animals shall be at least one hundred fifty (150) feet from any property line;(2)   Such lots shall be properly fenced to contain said animals;

(3)   No more than one animal shall be allowed for each two (2) acres of rangeable land. For the purposes of this section, "rangeable land" is an area properly fenced for use by horses, not including house or yard areas.(e)   Reserved.    (f)   Special provisions applicable to the disturbance or creation of steep slopes.  In areas where development may create unsafe conditions, due to the steepness of the resultant slope or the stability of the underlying soil, the following shall apply:  (1)   No permanent cut or fill slope greater than eight (8) feet in height with a grade differential of steeper than fifty (50) percent (two (2) feet of horizontal extension for every one foot of vertical rise, also termed 2:1) shall be established without the implementation of structural or nonstructural measures specifically designed to ensure the stability of the slope.(2)   The structural or nonstructural measures shall be designed and certified by a professional engineer and approved by the county administrator or his designee. Whenever a structural or nonstructural measure is proposed, the applicant shall submit a soils report for the site. This soils report shall identify the types of soils on the site, describe any proposed fill material, and document any pertinent characteristics of the soils or fill material as they relate to the ability of the soils or fill material to continue to be stable after the development of the site. The county administrator or his designee may require the submission of a geotechnical report when specific characteristics of the site or fill material are deemed to have questionable soil stability, including, but not limited to, shrink-swell soils.(3)   All required information shall be submitted to the county in conjunction with the site or construction plan or building permit application. Approval of any structural or nonstructural measures shall be required as a condition of the plan or permit approval.(4)   An as-built site development plan, which delineates actual post-development topographic conditions at the site, shall be submitted to the county for all slopes described above. The as-built plan shall be drawn to scale, use two-foot contour intervals, depict the actual topographic conditions of the site, and be certified as correct by a licensed professional engineer or land surveyor. When structural measures have been used to stabilize the slope, the as-built shall have a professional engineers certification that all work conforms with the approved design plans.(g)   Special provisions applicable to group family day care homes.    (1)   A certificate of occupancy shall be obtained in accordance with section 28-184 prior to operation of a group family day care home.(2)   Proof of compliance with all applicable regulations shall be required prior to issuance of a certificate of occupancy for a group family day care home.(3)   Upon receipt of an application for a certificate of occupancy for a group family day care home, the zoning administrator shall provide written notice to owners of all abutting properties of such application. If the zoning administrator receives no written objection from a person so notified within thirty (30) days of the notification and determines that the group family day care home complies with the provisions of this chapter, the zoning administrator may issue the permit.(4)   Should an application for an occupancy permit be denied by the zoning administrator, the applicant may appeal to the board of zoning appeals. An appeal application shall be considered following a public hearing in accordance with section 15.2-2204 of the Code of Virginia, (1950) as amended. Advertisement costs for the public hearing shall be borne by the applicant.(h)   Performance standards for golf courses and driving ranges.  The following standards shall apply to all golf courses and driving ranges.  (1)   No structure associated with a golf course or driving range shall be located less than one hundred (100) feet from any lot line.(2)   A fertilization and pesticide plan shall be filed with the county. Integrated pest management techniques shall be used as part of a fertilization and pesticide plan. The plan shall meet guidelines recommended by Virginia Polytechnic Institute and State University regarding turf management.(3)   The owner of a golf course shall maintain records for county inspection, specifying the types of fertilizers, herbicides, and pesticides used on the golf course. The report shall include

the names of fertilizers and pesticides, application rates, soil pH levels, number of times applied and total annual application.(4)   A minimum of two (2) water quality test wells shall be located on the property. The location of such wells shall be at the periphery of the property at a lower topographic elevation than the adjacent fairways or greens. Water quality test samples shall be provided to the county on a semi-annual basis.(5)   At-grade golf cart crossings shall be permitted on local streets only. Such crossings shall be made perpendicular to the street and shall be properly marked with signage and paint striping as recommended by the Virginia Department of Transportation.(6)   Prior to commencement of construction of a golf course, the applicant shall provide the county with adequate surety for the repair and/or restoration to county or state maintained roadways impacted by activities.(7)   Sources of water for irrigation of golf courses may be from surface water or the county public water supply. However, if it is deemed necessary to use groundwater, a conditional use permit in accordance with section 28-185 of this chapter shall be required.(8)   Acceleration, deceleration, and turn lanes shall be provided where the primary access to the golf course intersects with any public road. Such lanes shall be designed to accommodate peak use of the facility.(9)   Use of lighting for driving ranges, fairways, greens or tees shall require issuance of a conditional use permit in accordance with section 28-185 of this chapter.(i)   Performance standards in RBC districts.  The following standards shall be the minimum required for all uses in the RBC, recreational business campus district:  (1)   Within the RBC district, stormwater management systems shall be designed to best management practice (BMP) standards for nutrient and hydrocarbon pollutant reduction. Stormwater management systems that are not designed for subsurface detention and/or infiltration and whose surface areas are greater than 1.5 acres shall meet wet pond design criteria. Where feasible from an engineering standpoint, wet pond facilities shall be designed to serve more than one property.(2)   Architectural design--Typical building elevations for exterior facades shall be submitted to the planning department (with appeal to the county administrator) for each development section as identified within the preliminary concept plan. Architectural features for buildings greater than five thousand (5,000) square feet shall be compatible within each section.(3)   Sidewalks shall be provided within clusters of buildings and to parking areas.(4)   Pedestrian accessways shall be designed to connect clusters of buildings to common areas and retail areas.(5)   Lighting shall be provided along sidewalks.(6)   Lighting fixtures used in parking lots shall be mounted no greater than thirty (30) feet in height.(7)   A plan for sidewalk and parking lot lighting shall be submitted with each major site development plan. The plan shall be reviewed for illumination containment effects, public safety, architectural compatibility and conformity with the surrounding development pattern.(8)   Drive-through facilities shall be oriented away from public streets and primary travel lanes. Drive-through lanes shall be screened from view from public streets and primary travel lanes.(9)   Service bays shall be oriented away from public streets and primary travel lanes.(10)   The gross area of all commercial retail uses shall not exceed ten (10) percent of the gross area of the district. The gross area of all retirement housing communities shall not exceed thirty (30) percent of the gross area of the district.(11)   Retail uses with drive-throughs shall provide a Class C buffer, as specified in Graphic 6.1 of this chapter, to adjacent non-commercial uses located within the same zoning district.(12)   Executive style housing. Initial residential development shall be limited to fifty (50) lots which shall be followed by the completion of five hundred thousand (500,000) square feet of commercial, retail, hotel, research and development, conference, convention, convenience industrial or office development. Thereafter, residential development shall be subject to the following phasing requirements: One residential lot shall be permitted per ten thousand (10,000) square feet of completed commercial retail, hotel, research and development, conference, convention, convenience, industrial or office development.

Residential areas shall be developed in neighborhoods. The maximum size of neighborhoods shall be fifty (50) lots. No more than fifty (50) lots shall be approved in any given year. All residential neighborhoods shall abut open space, golf course or recreation areas. All residential dwellings shall be constructed with sprinkler systems for fire suppression as approved by the fire marshal.(13)   Retirement housing. Residential areas shall incorporate a clubhouse facility with a range of exercise equipment, sauna, meeting and activity rooms, lounge areas, personal service uses, administrative offices, and/or other community serving facilities. Recreational amenities such as club houses, walking trails, gardens, pavilions and other similar features shall be identified as to the general location and phasing of construction on a general development plan submitted with any reclassification to the RBC district. Recreational amenities shall be identified on a preliminary subdivision plan or preliminary site plan. The phasing of construction and reasonable timing for completion of amenities shall be shown on such plans subject to the discretion of the planning commission.The development must be established and maintained in compliance with the Fair Housing Act. No portion of such retirement housing shall be built for rent. At least one resident of such residential unit shall be fifty-five (55) years of age and no person less than nineteen (19) years of age shall reside in such dwelling unit. Prior to recordation of a plat or approval of a final site plan for retirement housing, the developer shall provide evidence to the County that such restricted units preclude persons less than nineteen (19) years of age from establishing residence.The retirement housing residential area, and/or any component thereof may be constructed as a secure, gated community with private streets; the streets shall he constructed of materials and maximum vertical grades complying with VDOT standards; such private streets may include traffic circles, islands, courtyards, and similar design features intended to encourage privacy, security and reduced vehicular speeds. All residential dwelling shall be constructed with sprinkler systems for fire suppression as approved by the fire marshal.(14)   a.   A preliminary concept plan identifying land use pods, minor arterial streets, primary travel lanes, open space areas, common areas, pedestrian access, major stormwater management concept plans, (each system proposed to serve a drainage area in excess of three hundred fifty (350) acres) and a traffic impact study in accordance with the transportation impact statement guidelines of the county transportation plan, projecting traffic conditions upon completion of the projects facilities system facility shall be approved by the planning commission prior to issuance of any building permits.1.   Any material change to the preliminary concept plan shall be reviewed and acted on by the planning commission within forty-five (45) days of submission to the county. Material changes, for the purpose of this section, shall mean any change greater than twenty-five (25) percent in the total area of land use pods, and/or any decrease in gross amount of open space by greater than ten (10) percent, and/or any substantial relocation of four (4) or more land use pods and/or minor arterial streets provided that such changes can be demonstrated not to increase total generated traffic by more than ten (10) percent. A recommendation for denial or failure on the behalf of the planning commission to act within the specified review period, may be appealed to the board of supervisors.b.   A traffic impact study in accordance with the transportation impact statement guidelines of the county transportation plan, projecting traffic conditions upon completion of the project shall be approved by the department of planning prior to issuance of a building permit for the initial commercial or industrial, nongolf-course-related structure; the study will project on-site traffic conditions and will identify the on-site turn lane and road capacity requirements at the principal point(s) of access and minor arterial road intersections at build-out of the RBC district.(15)   The minimum open space ratio required for the district shall be established in Table 3.1 of this chapter. On-site open space shall be for an individual site plan area within a larger planned development. District open space shall be for an entire tract of land that was reclassified to the Recreational Business Campus Zoning District. Golf courses, common areas, and recreational areas may count toward the district open space requirement.

(16)   Common areas shall be located throughout the project. Common areas shall include amenities such as pedestrian and bicycle trails, picnic tables, benches, fountains, band stands and/or other similar features.(17)   Outdoor display or storage of materials or merchandise shall be prohibited except within parcels developed for golf courses. Outdoor storage of materials for maintenance of a golf course shall be exempt from this prohibition provided that the storage area shall be screened from public view, and are not located within one hundred (100) feet of any property line.(18)   Dumpster pad sites and mechanical equipment systems shall be screened. Such screening shall consist of vegetation or materials that are consistent with the architectural design of the site and the principal building.(19)   Loading areas shall be oriented away from public streets, or shall be screened from public streets or primary travel lanes.(20)   Exterior wall, facades of an individual non-residential building shall be compatible or complementary in design and construction materials within each individual pod. Appurtenances and architectural features shall be designed to be compatible with and complementary to the nearby development.(21)   Assembly, manufacturing and automobile service activities shall be conducted within enclosed buildings.(22)   Overnight storage areas for commercial vehicles greater than seven thousand five hundred (7,500) pounds gross vehicle weight shall be screened from public view.(23)   All public streets and primary travel lanes within commercial retail, office and hotel areas shall be constructed as a curb and gutter section.(24)   The primary access road(s) within the district shall be constructed to major collector or higher category standard in accordance with the typical cross sections identified in the county transportation plan. The median of any divided street shall, if approved by the Virginia Department of Transportation, be landscaped with shrubs, understory and/or canopy trees.(25)   Edges of parking areas shall be landscaped with the use of berms and/or vegetation to minimize impacts of vehicle headlight glare on public streets, primary travel lanes and adjacent properties. Parking areas shall be set back a minimum of fifteen (15) feet from the right-of-way of any public street and ten (10) feet from any property line except where the parking area is shared (i.e., the subject of cross easements).(26)   Curb and gutter construction shall be used in all parking areas.(27)   A minimum of twenty-five (25) percent of the required parking lot landscaping shall be located within parking lot islands.(28)   A landscaping plan shall be submitted as a component of any major site development plan.(29)   Development and use of helistops shall meet the following standards:a.   No more than two (2) helistops shall be located per five hundred (500) acres of an RBC district. No helistop shall be located within five hundred (500) feet of any child care center, residence, school, or the RBC district boundary.b.   A helistop shall consist of a flat dust-free surface, that is restricted from public access, and shall be marked with paint striping and lighting identifying it as a place for the landing and take-off of helicopters in accordance with Federal Aviation Administration standards.(30)   Automobile service and vehicle fuel sales facilities shall comply with the following standards:a.   No more than three (3) automobile service and/or vehicle fuel sales facilities shall be permitted per five hundred (500) acres within an RBC District.b.   No automobile service or vehicle fuel sale facility shall be located within seven hundred fifty (750) feet of a single-family residence.c.   No vehicle service facility shall be located within seven hundred fifty (750) feet of a child care center or school.d.   All vehicle service facilities shall be designed to be capable of containing petroleum products and antifreeze or other liquids dispensed on-site. Catch basins used to contain dispensed liquids shall be designed such that fluids can be readily removed and disposed of in accordance with applicable laws.

e.   Lighting associated with vehicle fuel sales canopies shall be designed to be recessed within the canopy.f.   There shall be no outdoor storage of unlicensed vehicles. Inoperable vehicles shall be permitted to be stored for a period not to exceed five (5) working days. All inoperable vehicles shall have a valid work repair order.g.   The storage or use of hazardous materials shall be conducted in accordance with the county fire prevention code.(31)   The use and development of convenience centers and convenience stores shall comply with the following standards:a.   No convenience center or convenience store shall be located within seven hundred fifty (750) feet of any child care center or residence other than retirement housing.(32)   The use and development of light industrial and/or light manufacturing shall comply with the following standards:a.   No light industrial or light manufacturing use shall be located within seven hundred fifty (750) feet of any child care center, residence or school.b.   No light industrial or light manufacturing use shall be located within seven hundred fifty (750) feet of any conference center or convention center.c.   Any use which produces off-site audible industrial noise or detectable odors or smoke shall not be located closer than seven hundred fifty (750) feet of any office building or restaurant.(33)   Any cemetery within the RBC District shall be identified on the preliminary land development plan and shall be preserved, set apart, protected and maintained in perpetuity or relocated pursuant to state law by the owner of the parcel upon which the cemetery is located.(34)   Historic sites such as gun emplacements, foundations of historically significant sites, or similar features, as identified by the Stafford County Historic Committee, shall be identified on the preliminary land development plan by the developer and shall be preserved, set apart, protected and maintained in perpetuity or documented in accordance with Virginia Department of Historic Resources guidelines by the owner of the parcel upon which the historic sites are located.(j)   Congregate housing and retirement housing.    (1)   Dwelling density and site intensity shall not exceed that of the underlying zoning district.(2)   Buildings shall be designed to be architecturally compatible with and appear to be designed as those permitted in the underlying zoning district.(3)   No more than ten (10) percent of the total floor area of a building shall be dedicated to commercial uses. Such uses shall be oriented to serve the residents of the building or development in which it is contained.(4)   Outdoor lighting shall be provided along any sidewalk leading to an entrance of a building.(5)   Minimum separation of condominium buildings shall be twice the minimum applicable yard requirement. Congregate dwellings shall meet the minimum yard requirements for multi-family dwellings.(k)   Special regulations for car washes and truck washes.  The following requirements shall apply to car washes and truck washes:  (1)   Facilities shall be designed with oil and water separators designed to collect runoff of motor oils, grease, fuel and other hydrocarbon liquid resides.(2)   Facilities shall be designed to collect and provide for the adequate removal of dirt, silt and solid material debris.(3)   Hydrocarbons, dirt, silt and other debris shall not be discharged into public sanitary sewers.(4)   A minimum of twenty-five (25) percent of the water used on site shall be recycled.(l)   Amateur radio service.  An amateur radio service shall be permitted by right at any location licensed by the federal government, whether static or mobile. Permanent structures associated with an amateur radio service shall comply with all requirements of this chapter for an accessory structure for the zoning district in which the structure is located.  (m)   Adult business.es.  In addition to all other requirements of this chapter, any adult business shall conform to the following requirements:  (1)   The business shall be located at least five hundred (500) feet away from any residential or agricultural zoning district, or any property designated to be a residential use by an approved

general development plan, and at least five hundred (500) feet from the property line of any land used for any of the following:a.   A residence;b.   A child day care center;c.   A school (public or private), college or university;d.   A public park;e.   A public library, museum or cultural center;f.   A historic district;g.   A church or other place of worship;h.   Any other adult business;i.   A building used by a federal, state or county agency or department.(2)   Adult merchandise shall not be visible from any point outside the establishment.(3)   Signs or attention-getting devices for the business shall not contain any words or graphics depicting, describing or relating to specified sexual activities or specified anatomical areas.(4)   Such business shall not begin service to the public or any outside activity before 9:00 a.m. Hours of operation for any adult business shall not extend after 12:00 midnight.(5)   Adult merchandise shall be located in a separate room or other area inaccessible to persons under eighteen (18) years of age.(6)   All owners, managers, and employees shall be at least eighteen (18) years of age.(7)   The owner or operator shall provide adequate lighting for all entrances, exists and parking areas serving the adult business, and all areas of the establishment where the adult business is conducted. "Adequate lighting" means sufficient lighting for clear visual surveillance.(n)   Conditional use permits for adult businesses.  Conditional use permit application for adult business shall be acted upon by the board of supervisors within ninety (90) days from the date the county receives a completed application for such permit.  (o)   Preservation of existing cemeteries.  The following requirements shall apply to cemeteries within all plans of development that have an existing or are planned to have a property owners association or homeowners association.  (1)   Parcels containing cemeteries that are not separately platted or established by an easement within the boundaries of such parcels or not otherwise clearly delineated with limits of burials shall be required at the time of site or subdivision plan review to have a professionally prepared archaeological delineation of the limits of burials within the cemetery. The delineation shall be conducted in accordance with the Virginia Department of Historic Resources and their standard archaeological practices, such as, but not limited to, the removal of topsoil around the perimeter of the visible areas of the cemetery to allow a view of any grave shaft soil discolorations beyond the apparent burials, or systematic probing with rods that detect differences in soil compaction. The limits of burials shall be used to establish the perimeter boundary of the cemetery on the site plan or subdivision plat and plan. Soil removed during the delineation process must be replaced within a month of its removal in a manner that will not disturb the identified burials. Any associated vegetation should be replaced in a manner that will not disturb the identified burials.(2)   The boundary of a cemetery shall be indicated on a site development plan, subdivision plan, and subdivision plat as determined by the archaeological delineation.(3)   Pedestrian access to the cemetery shall be provided on a site development plan, subdivision plan, and subdivision plat either with a minimum of fifteen (15) feet of frontage on a street or as an easement that shall be a minimum of fifteen (15) feet wide from a street or other point of public ingress.(4)   A thirty-five-foot-minimum-wide buffer area shall be established around the perimeter of the cemetery as delineated per subsection (1) above.(5)   Temporary fencing shall be installed around the perimeter of the cemetery as delineated and the established buffer area prior to construction or grading plan approval.(6)   Permanent fencing between three (3) and four (4) feet tall shall be placed around the boundary of the cemetery and its buffer after any surrounding site work is completed. The fence shall be located on the exterior edge of the buffer area and not within the buffer area. The type of fence to be used shall be determined on a case-by-case basis and should include a gate for public access. Fencing is to be approved by the county agent.

(7)   Signage identifying the cemetery by its family association, as recorded in the Stafford County Cultural Resource Database, or as deemed appropriate by the county agent, is to be placed on a freestanding sign located adjacent to the cemetery entrance or affixed to the fencing. The sign should consist of a brass plaque or a comparable equivalent. The signage and its wording should be approved by the county agent.(8)   The cemetery grounds, fence, and buffer area shall be maintained as common area for the development. The cemetery and associated buffer area shall be indicated as an easement or as a separate cemetery parcel that can be conveyed to an appropriate entity that would be responsible for perpetual maintenance of the cemetery as well as all other common areas.The party responsible for maintenance shall be indicated as one of the following:a.   The homeowner association in the case where a homeowner association is established and the cemetery is created as a separate out-lot, easement, or part of the common open space within a subdivision; orb.   Other applicable association or entity, such as a business association, trust, or foundation.(9)   Any preservation of grave markers, including their repair or cleaning, should comply with the Virginia Department of Historic Resources standards.(10)   Any grading shall occur outside the established perimeter buffer area. In no circumstance shall such grading be sloped more than three (3) to one from the existing grade of the cemetery for a distance of fifty (50) feet beyond the buffer area.(11)   The cemetery is to be recorded at the county and state level using the Stafford County Cemetery Survey Form and the Virginia Department of Historic Resources cemetery form. Both completed forms are to be submitted to the county agent.(12)   Cemetery/burial removals are to be conducted according to the Virginia Department of Historic Resources standards and requirements, including obtaining the required permit to conduct such removal. Every effort to contact any living relatives for their permission to remove the burial(s) is required and their reinterment wishes complied with. Removal of cemeteries/burials shall not occur until a reinterment location has been decided upon. Subsection (o)(9) shall not preclude removal and reinterment of burials in accordance with the Code of Virginia.(q)   Planned-Traditional Neighborhood Development (P-TND).    (1)   Applicability.  The regulations and provisions for P-TND, where permitted, by right or conditional use permit in accordance with table 3.1, shall comply with this section. No use shall incorporate any of the regulations or provisions of this section unless reclassified as a P-TND district in accordance with this chapter.  (2)   Streets.    a.   The P-TND shall use the narrowest width of streets permitted to present the traditional town center environment, reduce the speed of vehicles, and encourage pedestrian access through the P-TND.b.   Refer to the traditional neighborhood development appendix to the comprehensive plan for specific classification of streets within a development in the P-TND district.(3)   Pedestrian sheds.    a.   The P-TND shall be designed to contain pedestrian sheds. A pedestrian shed is an area within a community that has a destination point in which most residents within the community would travel to, either walking or riding a bicycle.b.   Every residential unit shall be in at least one pedestrian shed.c.   The maximum length of a pedestrian shed is a circle with a radius of one thousand, three hundred twenty (1,320) feet (the approximate distance of a leisurely five-minute walk), except that the maximum radius of a pedestrian shed on a transit hub or a proposed transit hub as a destination point is two thousand, six hundred forty (2,640) feet (the approximate distance of a ten-minute walk). Besides transit hubs, destination points shall be civic buildings and uses (planned or existing) or commercial uses. This is to encourage walking or bicycling and if the travel time would average longer than ten (10) minutes, then most would not walk or bike to the destination point.d.   The regulating plan shall demonstrate the limits of the pedestrian shed for each residential unit per this section.

e.   Each pedestrian shed shall contain not less than five (5) percent of its gross land areas as open or park spaces as provided in table 3.4(b).(4)   Transect zones.  The traditional neighborhood development (TND) shall comprise of all or some of the following transect zones:  a.   T1, natural zone.  Consists of lands approximating or reverting to a wilderness condition, including lands unsuitable for settlement due to topography, hydrology or vegetation. This shall include all lands designated as critical resource protection area (CRPA), any lands adjoining CRPA which have a slope equal to or greater than twenty-five (25) percent, and an area of thirty-five (35) feet in width from an intermittent stream if the intermittent stream adjoins the CRPA, unless approved by the appropriate county, state, or federal offices to permit certain activities within the CRPA, steep slope or the intermittent stream.  b.   T2, rural zone.  Consists of lands in open or cultivated state, or sparsely settled. These include woodlands, agricultural lands, grasslands, and regulated or dedicated athletic fields and golf courses.  c.   T3, suburban zone.  Consists of low-density suburban residential areas, differing by allowing home occupations. Planting is naturalistic with setbacks relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions.  d.   T4, general urban zone.  Consists of a mixed-use but primarily residential urban fabric. It has a wide range of building types: single, patio and townhouses. Setbacks and landscaping are variable. Streets typically define medium-sized blocks.  e.   T5, urban center zone.  Consists of higher-density mixed-use building types that accommodate retail, offices, townhouses and multifamily. It has a tight network of streets with wide sidewalks, steady street tree planting and buildings set close to the frontages.  f.   T6, urban core zone.  Consists of the highest density, with the greatest variety of uses, and civic buildings of regional importance. It may have larger blocks; streets have steady street tree planting and buildings set close to the frontage.  g.   SD-C, special districts-commercial.  Consists of larger structures for commercial uses. The use may serve more than the development. The use may be appropriate when the development is in close proximity to a major transportation network. Proportion to scale between the height of the building and the street should be taken into consideration. Such uses may require a larger scale of parking in which mitigation and the use of parking structures would be strongly encouraged.  (5)   Specific regulations for all transect zones.    a.   Regulations in addition to those found in table 3.1 for the P-TND district, shall apply specifically to development within the transect zone. Modification or deviation from a specific regulation per tables 3.5(a), 3.5(b), 3.5(c), 3.5(d), 3.5(e), 3.5(f) and/or 3.5(g) for a transect zone may be approved by the board of supervisors as part the approval of the reclassification to the P-TND district.b.   Except for the SD-C transect zone, or a secondary dwelling fifty (50) or more years in age upon referral of the Stafford County Historic Commission, no more than one principal building and one accessory building, or one carriage house shall be permitted on one lot.c.   All lots shall front on an existing, state-maintained street or a street meeting the requirements of the subdivision ordinance with the exception of lots with nonresidential uses and not subject to the subdivision ordinance per section 22-144 of the subdivision ordinance.d.   In the case for infill lots, the front setback shall not be less than the shortest front setback established by the existing buildings on the same side of the street on the same block.e.   Setbacks from alleys shall be measured from the edge of the easement and not the centerline.f.   Street lights shall be designed to not cause any glare into any residential use that may be above the 1st floor at street grade.g.   Outdoor storage shall be screened from view of any principal street by a streetscreen. Outdoor storage shall be screened from view of any other street or adjoining property in compliance with section 130 of the DCSL.h.   The P-TND shall contain at least three (3) transect zones.(6)   Parking and loading for all Transect Zones   

a.   Unless listed as prohibited, all parallel parking spaces shall count towards the required number of parking spaces provided the size of the parallel space is in compliance with section 28-102.b.   The required parking for all uses within the transect zone shall be provided within the specific transect zone unless the required parking for a use is provided in another transect zone provided:i.   The parking is tied to a specific list of uses that are sharing parking spaces per table 3.3(b).ii.   The location of the parking spaces for a residential use is within one hundred fifty (150) feet and five hundred (500) feet if for a nonresidential use.c.   A private parking garage for a residential dwelling may be counted towards the required parking space, however, the driveway accessing the private parking garage shall not be considered towards the required number of parking spaces even if the area of the driveway is adequate for a parking space.d.   Other than parallel parking spaces, all parking spaces shall be accessed by an alley or a street that is not considered a principal street.e.   Parking lots and loading and service areas shall be screened from the principal street by buildings or streetscreens.f.   Loading and service areas shall be connected to the parking area and shall not have direct access from the main street of the P-TND.(7)   Parking and storage facilities for bicycles for all transect zones.    a.   Facilities for the parking and/or storage of bicycles shall be provided for all uses listed in table 3.3(c).b.   Bicycle parking needs to be visible, accessible, easy to use, convenient, and plentiful. Parking of bikes should preferably be covered, well lit, and in plain view without being in the way of pedestrians or motor vehicles.c.   Racks need to support the whole bike (not just one wheel) and enable the user to lock the frame and wheels of the bike with a cable or "U-shaped" lock.d.   The racks shall be installed on a wide sidewalk with five (5) or more feet of clear sidewalk space remaining.e.   The racks shall be installed in a manner to prevent theft of the rack.f.   The racks shall be four (4) feet from fire hydrants, curb ramps, and building entrances.g.   The racks shall be well distributed (have four (4) or five (5) racks distributed along the block rather than a group of four (4) or five (5) racks mid-block in one location).h.   Located in areas of high pedestrian activity.i.   The racks shall be located on the private property in which the use is located unless approved by the board of supervisors as part of the reclassification to the P-TND district, provided they are within five hundred (500) feet from the proposed use.j.   Consider long-term storage facilities, such as "bike stations", centrally-located, secure bicycle parking garages that also offer bike rentals and repairs, with easy links to transit stations, lockers, and a variety of other services. The facility shall comply with the following:i.   Individual lockers for one or two (2) bicycles.ii.   Racks are [in an] enclosed, lockable room.iii.   Racks are in an area that is monitored by security cameras or guards (within one hundred (100) feet) and always in an area visible to employees.(8)   Architectural standards in all transect zones.    a.   The exterior finish material on all facades, colors of balconies and porches, and material for fences along the principal or side street line shall be determined by the approved neighborhood design standard.b.   Flat roofs shall be enclosed by parapets a minimum of forty-two (42) inches high, or as required to conceal mechanical equipment.c.   Mechanical equipment, whether on the ground or the roof of a building shall be screened to where it is not visible from any street.d.   To maintain positive drainage of rainfall, all residential buildings, excluding multifamily units, shall have pitched roofs and shall be symmetrically sloped no less than 5:12, except that porches and attached sheds may be no less than 2:12.(9)   Encroachments and projections in all transect zones.   

a.   Awnings may encroach the public sidewalk, provided the sidewalk is not within the right-of-way.b.   Stoops may encroach one hundred (100) percent of the depth of the setback.c.   Open porches and awnings may encroach up to fifty (50) percent of the depth of the setback.d.   Balconies and bay windows may encroach up to twenty-five (25) percent of the depth of the setback.(10)   Additional regulations for T-3 transect zones.    a.   All signs shall not be lit or illuminated. Average lighting levels for street lights measured at the building frontage shall not exceed 1.0 f.c. (foot candles).(11)   Additional regulations for T-4 transect zones.    a.   A minimum residential housing mix of three (3) types, such as, but not limited to: townhouse, duplex, triplex, patio, atrium, or village, shall be provided; and each type shall consist of at least twenty (20) percent of the total number of residential units within the transect zone.b.   Average lighting levels for street lights measured at the building frontage shall not exceed 2.0 fc (foot candles).(12)   Additional regulations for T-5 transect zones.    a.   All primary buildings shall have their principal pedestrian entrances along the street. For a corner lot, the pedestrian entrance shall be along the principal street.b.   Facades shall be built parallel to the principal street frontage line along a minimum of seventy (70) percent of its length of the lot. A streetscreen shall be built along the remainder of the length of the lot.c.   The floor at street grade of a residential unit or a building used for lodging shall be raised a minimum of two (2) feet above the average grade of the sidewalk.d.   All parking areas, including parking garages, shall have a pedestrian access to the principal street except for a parking garage that is below the average grade of the principal street. A pedestrian access shall be provided from the principal street through the building which contains a parking garage below the average grade of the street.e.   Average lighting levels measured at the building frontage shall not exceed 5.0 fc (foot-candles).(13)   Additional regulations for T-6 transect zones.    a.   All principal buildings shall have pedestrian access to a street. For a corner lot, the pedestrian access shall be along the principal street.b.   The facade for buildings shall be built parallel to the principal street frontage line along a minimum of eighty (80) percent of its length of the lot. The remainder of the length shall be a streetscreen.c.   The floor at street grade of residential units or a building used for lodging shall be a minimum of two (2) feet above the average grade of the sidewalk.d.   Awnings may encroach the public sidewalk without limit, provided the sidewalk is not within the right-of-way.e.   All parking areas, including parking garages, shall have a pedestrian access to the principal street except for a parking garage that is below the average grade of the principal street. A pedestrian access shall be provided from the principal street through the building which contains a parking garage below the average grade of the street.f.   Average lighting levels measured at the building frontage shall not exceed 5.0 fc (foot-candles).(14)   Additional regulations for SD-C transect zones.    a.   All principal buildings and parking structures shall have pedestrian access to all streets the lot fronts on.b.   In the event of underground parking, pedestrian access shall be provided from the street through the building to the underground parking area.c.   Awnings may encroach upon the sidewalk with no limits.d.   Parking areas shall be screened from the principal street by a building, streetscreen or evergreen hedge.e.   All parking areas, including parking garages, shall have a pedestrian access to the principal street except for a parking garage that is below the average grade of the principal street. A

pedestrian access shall be provided from the principal street through the building which contains a parking garage below the average grade of the street.f.   Mechanical equipment, including elevator penthouses, shall be screened from view from all public streets.g.   Antennas or microwaves used for communication or telecommunication purposes shall be screened from view from all streets including streets that are not within the P-TND.h.   All buildings shall provide equal entrance features for the side of the building facing the principal street and the parking area.i.   Average lighting levels measured at the building frontage shall not exceed 5.0 fc (foot-candles).(15)   List of uses permitted within specific transect zones.    a.   All uses listed in table 3.1 are subject to specific transect zones and may not be permitted in a particular transect zone, either by-right or conditional use permit (CUP), unless listed in the following tables.b.   Only the uses listed in the following tables may be permitted, either by-right or CUP in the TND, all other uses are prohibited in the TND. Uses listed but not permitted by-right or by issuance of a CUP are prohibited in the transect zone.

Table 3.2(a) Residential Uses Within Transect Zones

  Residential Use    T1    T2    T3    T4    T5    T6    SD-C   Single-Family Detached    By-right By-right By-right By-right            Duplex                By-right By-right        Semi-detached                By-right By-right        Townhouse                By-right By-right By-right    Triplex                By-right By-right By-right    Three-family attached                By-right By-right By-right    Quadruple-attached                By-right By-right By-right    Atrium            By-right By-right By-right By-right    Village            By-right By-right By-right        Lot-line            By-right By-right By-right        Patio            By-right By-right By-right        Accessory Dwelling            By-right By-right By-right        Carriage House            By-right By-right By-right        Multifamily            By-right By-right By-right By-rightLive/work units            By-right By-right By-right By-right By-right

Table 3.2(b) Lodging Uses Within Transect Zones

  Lodging    T1    T2    T3    T4    T5    T6    SD-C   Bed & Breakfast (up to 5 rooms)        By-right By-right                Country Inn (up to 12 rooms)        By-right By-right By-right By-right By-rightMotel                        CUP    CUP   Hotel                    By-right By-right By-rightSchool Dormitory        By-right By-right By-right By-right By-right By-right

Table 3.2(c) Office Uses Within Transect Zones

  Office Use    T1    T2    T3    T4    T5    T6    SD-C     Professional Office                By-right By-right By-right By-rightMedical/Dentist Office                By-right By-right By-right By-rightMedical/Dentist Clinic                        By-right By-rightBank/Lenders Inst. Without drive-through                By-right By-right By-right By-rightBank/Lender Inst. With drive-through                        CUP    CUP   Live/work unit            By-right By-right By-right By-right By-rightHome Occupation            By-right By-right By-right        Home Business            CUP    CUP    CUP           

Table 3.2(d) Institutional Uses Within Transect Zones

  Institutional    T1    T2    T3    T4    T5    T6    SD-C   Day Care Center        By-right By-right By-right By-right By-right By-rightElementary        By-right By-right By-right            Middle        By-right By-right                High School        By-right By-right                College/University                    By-right By-right By-rightVocational School                By-right By-right By-right By-rightInstruction with studio                By-right By-right By-right By-rightPlace of Worship            By-right By-right By-right By-right By-right

Table 3.2(e) Retail/Eating Establishments Uses Within Transect Zones

  Retail/Eating Establishments    T1    T2    T3    T4    T5    T6    SD-C   Open-Market        By-right By-right By-right By-right By-right By-rightRetail uses permitted by-right in B-2 Zoning Dist.                By-right By-right By-right By-rightHigh intensity retail not otherwise listed                    By-right By-right By-rightVehicle Fuel Sales                        CUP    CUP   Automobile Repair                            CUP   Push Cart                        By-right By-rightKiosk                By-right By-right By-right By-rightRestaurant                By-right By-right By-right By-rightCarry-out/Cafe with no drive through                By-right By-right By-right By-rightCarry-out with drive through                        CUP    CUP   

Table 3.2(f) Cultural/Entertainment Uses Within Transect Zones

  Cultural/Entertainment    T1    T2    T3    T4    T5    T6    SD-C   Fountains/Public Art        By-right By-right By-right By-right By-right By-rightLibrary        By-right By-right By-right By-right By-right By-rightMuseum        By-right By-right By-right By-right By-right By-rightOutdoor Pavilion        By-right By-right By-right By-right By-right By-rightCenter for the Arts                    By-right By-right By-rightMovie Theater                    By-right By-right By-rightConference Center                    By-right By-right By-rightConvention Center                        By-right By-rightExhibition Center                        By-right By-right18-Hole Golf Course        CUP                       Bikestation                By-right By-right By-right By-right

Table 3.2(g) Agricultural Uses Within Transect Zones

  Agricultural Uses    T1    T2    T3    T4    T5    T6    SD-C   

Table 3.2(h) Public/Civic Uses Within Transect Zones

  Public/Civic Uses    T1    T2    T3    T4    T5    T6    SD-C   Fire/Rescue Station        By-right By-right By-right By-right By-right By-rightPolice Station                By-right By-right By-right By-rightHospital                    CUP    CUP    CUP   Funeral Home                By-right By-right By-right By-rightSubstations    CUP    CUP    CUP    CUP    CUP    CUP    CUP   Water/Sewer Treatment Facility    CUP    CUP                       Water/Sewer Pump Station        By-right By-right By-right By-right By-right By-rightWater Tank        By-right By-right By-right            Telecommunication Facility including as an ancillary use to an existing structure   

CUP    CUP    CUP    CUP    CUP    CUP    CUP   

Telecommunication Antennas as an ancillary use to an existing building   

                    By-right By-right

(16)   Parking regulations for all transect zones.    a.   The uses within all transect zones shall comply with the required number of parking spaces as listed in table 3.3(a)

Table 3.3(a) Parking Requirements Per Use and Transect Zones

  Parking Requirements/Uses    T1, T2, T3    T4    T5, T6, SD-C   Residential per Table 3.2(a)    2.0 spaces per unit    1.5 spaces per unit    1.5 spaces per unit   Lodging per Table 3.2(b)    1.0 per room    1.0 per room    1.0 per room   Retail/Eating Establishments per Table 3.2(c)    4.0/1000 square feet    4.0/1000 square feet    3.0/1000 square feet   

Institutional per Table 3.2(d)    Refer to Table 7.1 of the Zoning Ordinance

Refer to Table 7.1 of the Zoning Ordinance

Refer to Table 7.1 of the Zoning Ordinance

Office per Table 3.2(e) 3.0/1000 square feet    3.0/1000 square feet    2.0/1000 square feet       

Cultural/Entertainment per Table 3.2(f)    Refer to Table 7.1 of the Zoning Ordinance

Refer to Table 7.1 of the Zoning Ordinance

Refer to Table 7.1 of the Zoning Ordinance

Agricultural per Table 3.2(g)    Refer to Table 7.1 of the Zoning Ordinance

Refer to Table 7.1 of the Zoning Ordinance

Refer to Table 7.1 of the Zoning Ordinance

Public/Civic per Table 3.2(h)    Refer to Table 7.1 of the Zoning Ordinance

Refer to Table 7.1 of the Zoning Ordinance

Refer to Table 7.1 of the Zoning Ordinance

(17)   Shared parking for specified uses in all transect zones.    a.   Only the uses listed in table 3.3(b) may apply to the shared parking tabulations.b.   To determine the total number of spaces to be shared by two (2) categories, add the maximum number for each use and multiply the number by the factor then subtract that difference from the total.Example:  Office use requires sixty (60) spaces and retail use requires forty (40) spaces, total spaces required for both uses is one hundred (100); multiply by 1.2 = 120; a difference of twenty (20), therefore, subtract twenty (20) from the original required parking of one hundred (100); number of spaces now required for both uses is eighty (80).  c.   When more than two (2) categories in table 3.3(b) are to share parking, add the maximum number for each use and multiply the number by the smallest factor then subtract the difference from the total.Example:  The multiple categories are residential, retail, and entertainment and the smallest factor is 1.1, the maximum number of spaces required is five hundred (500) and with a factor of 1.1, 500 x 1.1 = 550; 500 -50 = 450 spaces required. 

Table 3.3(b) Shared Parking Factor

  Use with Use/Factor of Reduction      Residential per Table 3.2(a)

Lodging per Table 3.2(b)

Office per Table 3.2©

Retail per Table 3.2(e)

Cultural/entertainment per Table 3.2(f)

Residential per Table 3.2(a)    1    1.1    1.4    1.2    1.1   Lodging per Table 3.2(b)    1.1    1    1.7    1.3    1.5   Office per Table 3.2(c)    1.4    1.7    1    1.2    1.4   Retail per Table3.2(e)    1.2    1.3    1.2    1    1.4   Cultural/Entertainment per Table 3.2(f)    1.1    1.5    1.4    1.4    1   

(18)   Bicycle slot for each transect zone.    a.   Table 3.3(c) shall determine the number of slots for bicycle parking required per the type of use listed. If a use is not listed, it shall not require a slot for a bicycle. See [subsection (7) above for additional regulations pertaining to the location of the bicycle parking facilities.

Table 3.3(c) Parking for Bicycles

  Use    # of slots required for parking bicycles   

Multi-family units    1/10 units   Lodging per Table 3.2(b)    1/10 rooms   Office per Table 3.2(c)    1/6,000 square feet of office space

within one side of a street on a block   

Retail/Eating establishment per Table 3.2(e)    1/2,000 square feet of retail/eating establishments within one side of a

street on a block   Schools - all types    1/100 students   Library    1/1,500 square feet   Community Building, museum, cultural center    1/2,500 square feet   Center for performing arts, auditorium, outdoor pavilion and other public assembly uses   

1/100 seats   

Bus depot, terminal    10   Commuter rail, train station    1/10 parking spaces required by VRE

or Amtrak, minimum of 20   Park    1/20 required parking space, minimum

of 10   

(19)   Additional regulations and restrictions for all transect zones.    Table 3.4(a) Additional Restrictions and Limitations for Specific Uses

  Transect Zone/Use    T3    T4    T5, T6. SD-C   Residential per Table 3.2(a)    If accessory dwelling, under the

same ownership and not to exceed 500 square feet   

       

Lodging per Table 3.2(b)    Food service in the a.m. only. Additional parking required for

dwelling   

Food service in the a.m. only, extended stay facility prohibited. Additional parking required for

dwelling   

No restrictions on food service   

Office per Table 3.2(c)    Additional parking required for dwelling   

Additional parking required for dwelling   

   

Retail per Table 3.2(e)    The building area available for retail use is restricted to one block corner

location at the first story for each 300 dwelling units. Eating

establishments are restricted to no more than 20 seats   

The building area available for retail use is limited to corner locations, not more than one

per block. Eating establishments are restricted to

no more than 40 seats   

   

(20)   Open and park spaces.   

Table 3.4(b) Open & Park Space

  Type of Open & Park Space  Transect Zones    Description, Restrictions or Limitations;   

Park    T1, T2 & T3    Natural preserves available for unstructured recreation which include a landscape of path, trails, meadows, water bodies, woodlands and open shelters. 

Open Space    T1, T2, T3, T4, T5, T6 & SD-C    Generally unimproved or restored natural areas serving significant environmental functions or landscaped buffer and edge areas.   

Square    T4, T5, & T6    Areas spatially defined by surrounding building frontages with a landscape consisting of paths, lawns, shrubs, flowers and trees, formally disposed and available for unconstructed recreation and civic purposes 

Plaza    T5 & T6    Areas spatially defined by surrounding building frontages with a landscape consisting of primarily of pavement with optional planters for trees, shrubs and flowers, available for civic purposes and commercial activities such as farmers market.

Playground/tot-lot    T3, T4, T5, & T6    Fenced areas designed and equipped for recreation of children. May be included with park or greens or stand alone as tot lots.   

Green    T3, T4 & T5    Areas spatially defined by their landscape of trees, shrubs, flowers and lawn available for unstructured recreation.   

Recreational    T2, T3, T4, T5, T6 & SD-C    Areas improved for outdoor recreational activities.   

(21)   Additional density and intensity regulations for specific transect zones.    a.   The request for deviation or modification from the tables may be approved by the board of supervisors with the reclassification approval for the P-TND district.

Table 3.5(a) Allocation of Transect Zones

  Transect Zones    T1    T2    T3    T4    T5    T6    SD-C   Allocation of Zones    0--50% 0--30% 10--45% 30--60% 10--30% 0--40%  0--30% Min/Max % of Nonresidential Uses   

None None 20-Oct 20/30 30/90 50/100 60/100

Table 3.5(b) Base Residential Density

  Transect Zones    T1    T2    T3    T4    T5    T6    SD-C   

Base Residential Density   1 unit per 100 acres

avg.

1 unit per 20 acres avg

6 units per acres - gross   

12 units per acres - gross

24 units per acres - gross

48 units per acres - gross

49 units per acres - gross   

Table 3.5(c) Lot Occupancy

  Transect Zones    T1    T2    T3    T4    T5    T6    SD-C   

Lot Width--Min/Max    50/none    200/none 60/120    18/96    18/180    18/700    18/none   Max Lot Coverage    .01%    10.0%    60%    70%    90%    95%    95%   

Table 3.5(d) Setbacks, Main Buildings

  Transect Zones    T1    T2    T3    T4    T5    T6    SD-C   Front--Min/Max * (feet)    50/none 35/none 18/none 6 min/18

max0 min/20

max0 min/50

max0

min/noneSide--Min/Max * (feet)    120/none 20/none 12/none 0 min/none 0 min/24

max0 min / 24 max

0 min / none

Rear--Min (feet)    120    35    12    3    3    0    0   * The maximum setback shall not apply for lots of a redevelopment or lots with reverse frontage or lots which front on plazas, courtyards or mews.   

Table 3.5(e) Setbacks, accessory buildings

  Transect Zones    T1    T2    T3    T4    T5    T6    SD-C   Front    20 + main

bldg   20 + main

bldg   20 + main

bldg   20 + main

bldg   >Main bldg & 40 max

from rear   

0    N/A   

Side    10    3    3    0    0    0    N/A   Rear    10    3    3    3    3    0    N/A   

Table 3.5(f) Heights/Number of Stories

  Transect Zones    T1    T2    T3    T4    T5    T6    SD-C   Maximum Height (feet)    75 at the

finished floor level of the top story   

75 at the finished floor level of the top story   

75 at the finished floor level of the top story   

75 at the finished floor

level of the top story   

75 at the finished floor

level of the top story   

75 at the finished floor

level of the top story   

75 at the finished floor

level of the top story   

# of stories - min/max    1 min/1 max    1 min/3 max    1 min/3 max    2 min/4 max    2 min/6 max    1 min/6 max    1 min/6 max   

Table 3.5(g) Building Height to Street Ratio

The building height ratio is the distance between the right-of-way line at the opposite side of the street from the building to the front edge of the building (width) and the distance from the right-of-way line at the opposite side of the street from the building to the top of the building (height). The building may terrace back each story provided the ratio is maintained.

  T1    T2    T3    T4    T5    T6    SD-C   N/A N/A N/A N/A N/A 3 (height):2

(width) ratio3 (height):2 (width) ratio

(22)   Addresses and street names for streets and travelways in all transect zones.  All travelways and/or streets which provide access to a building will be named as approved by the planning department; and any building or unit whose primary access will be via the travelway or street will be assigned an address number to that travelway or street. When the travelway is a secondary access for a residential use and the lot has a carriage house, then the carriage house will be assigned an address to the travelway and the principal resident will have an address of the main street it fronts on even if the principal resident's vehicle access is from the travel way.  (r)   Life care/retirement community.    (1)   The community shall be administered in such a manner as to restrict occupancy of independent living units only to persons sixty-two (62) years of age or older unless used for employee dwellings. When two (2) persons desire to live together as a family in a life care unit, only one such person must satisfy the sixty-two (62) years of age or older requirement.

(2)   The completed community shall provide independent living units, an assisted living facility and a nursing home.(3)   The assisted living facility shall provide a minimum number of beds equal to or greater than fifteen (15) percent of the total number of independent living units proposed/constructed within the community.(4)   The nursing home shall provide a minimum number of beds equal to or greater than twenty five (25) percent of the total number of independent living units proposed/constructed within the community.(s)   Performance standards in HI districts.  The following standards shall be the minimum required for all uses in the HI, heritage protection district:  (1)   [County cultural resource inventory.]  All heritage sites identified within HI districts shall be listed on the Stafford County Cultural Resource Inventory. All heritage sites utilized for heritage tourism shall be determined historically significant, according to the National Register of Historic Places Criteria and the Aspects of Integrity.  (2)   [Master plan.]  A twenty-year master plan for the museum or site shall be submitted at the time of reclassification or site plan submittal. A master plan shall include a site map of proposed construction and reconstruction, interpretive areas, and limits of grading, and a detailed written description of all proposed changes and uses for the property (including, but not limited to, location and description of new buildings, exterior lighting, signage, and parking facilities).  (3)   Archaeological study.  Any excavation, including grading, shall require archaeological study, conducted according to the Virginia Department of Historic Resources Survey Guidelines, to identify unknown cultural resources. Attempts shall be made to avoid the destruction of significant archaeological sites by grading and construction.  (4)   Architectural treatment.  The preservation, rehabilitation, or restoration of an existing building or reconstruction of a new building shall comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties.  (5)   ADA compliance.  Under the Americans with Disabilities Act of 1990, all properties open to the public must be accessible to the disabled. Owners of heritage tourism sites shall provide the greatest level of accessibility without threatening or destroying landscape and architectural features of historic significance. See Preservation Brief 17--Architectural Character: Identifying the Visual Aspects of Historical Buildings as an Aid to Preserving Their Character by Lee H. Nelson.  (Ord. No. 094-29, § 28-309, 8-9-94; Ord. No. 095-48, 6-20-95; Ord. No. 096-09, 2-6-96; Ord. No. 097-62, 11-18-97; Ord. No. 098-19, 3-17-98; Ord. No. 097-80, 12-16-97; Ord. No. 099-22, 6-15-99; Ord. No. 099-26, 7-13-99; Ord. No. 099-42, 7-13-99; Ord. No. 099-60, 11-4-99; Ord. No. 000-29, 10-17-00; Ord. No. 003-03, 7-1-03; Ord. No. O06-59, 8-1-06; Ord. No. O06-73, 12-19-06; Ord. No. O07-20, 3-20-07; Ord. No. O07-39, 7-17-07; Ord. No. O07-68, 10-2-07; Ord. No. O07-77, 12-18-07; Ord. No. O08-02, 5-6-08)Editor's note:  Ord. No. O06-59, adopted Aug. 1, 2006, added subsection (o) to § 28-39. Inasmuch as subsection (k) was the last subsection in the section, the new material has been added as subsection (l) at the editor's discretion and with the city's approval to maintain the alphabetic sequence of § 28-39. 

Sec. 28-40.  Official zoning map.(a)   The location and boundaries of the districts established by this article are set forth and indicated on a set of maps entitled "Official Zoning Map of Stafford County," which may also be called "the zoning map," which shall be located in the Zoning Office of Stafford County, Virginia, and which shall be a part of this chapter to the same extent as if set out in this Article III.(b)   No changes of any nature shall be made in the zoning map or the matter shown thereon, except in conformance with the procedures set forth in this chapter and Virginia law. Any unauthorized change by any person or persons shall be considered a violation of this chapter.(Ord. No. 094-29, § 28-310, 8-9-94)

Secs. 28-41--28-50.  Reserved.

ARTICLE IV. PLANNED DEVELOPMENT AND OVERLAY DISTRICT REGULATIONS

Sec. 28-51. Purpose. The purposes of this article are to provide regulations for planned developments and overlay districts within Stafford County. In order to provide protection for areas of natural and historic resources, areas impacted by frequent and high levels of noise, highway corridors, and reservoir areas, these regulations are supplemental to and supersede the less stringent regulations of underlying districts. (Ord. No. 094-29, § 28-401, 8-9-94)

Sec. 28-52. Applicability. No structure or land within Stafford County, located either in a planned development district or an overlay district as established by this article, shall hereafter be developed, occupied, or used except in conformance with the provisions of this article. (Ord. No. 094-29, § 28-402, 8-9-94)

Sec. 28-53. Planned development districts. (a) General provisions. All planned development districts shall comply with the following requirements: (1) The entire tract shall be under one ownership or control; (2) The site shall have direct access to a major collector or higher classification road as identified in the Stafford County Transportation Plan; and (3) The site shall be served by a public water and a sanitary sewer system, owned and operated by the County of Stafford. (b) PD-1 site requirements. In addition to the requirements of section 28-53(a), to be considered for classification as a PD-1 district, the tract of land shall conform to the following requirements: (1) The total area for a PD-1 district shall not be less than seventy-five (75) nor greater than five hundred (500) contiguous acres. (2) The site shall be located in an area planned for public facilities and public infrastructure such as utilities and roads. (3) Soils shall be suitable for urban uses, as determined by the planning commission, based on official soil surveys or other accepted technical data. (4) No less than twenty-five (25) percent of the total area of the PD-1 district, exclusive of the areas proposed for commercial uses or parking areas shall be designated as open space for common use. (5) No less than ten (10) percent, nor more than thirty (30) percent of the total land area of the PD-1 district shall be dedicated to commercial uses unless all/or portion of the PD-1 district that was to be developed with the commercial use has been reclassified to the P-TND district and the same tract contains transect zones predominantly used for commercial uses, such as but not limited to: T4, T5, T6 and SD-C. (c) PD-2 site requirements. In addition to the requirements of section 28-53(a), to be considered for classification as a PD-2 district, the tract of land shall conform to the following requirements: (1) The total area for a PD-2 district shall not be less than two hundred fifty (250) nor greater than eight hundred fifty (850) contiguous acres. (2) The site shall be located in an area planned for public facilities and public infrastructure such as utilities and roads. (3) Soils shall be suitable for urban uses, as determined by the planning commission, based on official soil surveys or other accepted technical data. (4) No less than twenty-five (25) percent of the total area of the PD-2 district, exclusive of the areas proposed for commercial uses or parking areas shall be designated as open space for common use. (5) No less than ten (10) percent, nor more than thirty (30) percent of the total land area of the PD-2 district shall be dedicated to commercial uses unless all/or portion of the PD-2 district that was to be developed with the commercial use has been reclassified to the P-TND district and the same tract contains transect zones predominantly used for commercial uses such as but not limited to: T4, T5, T6 and SD-C. (Ord. No. 094-29, § 28-403, 8-9-94; Ord. No. 000-71, 9-12-00; Ord. No. O07-39, 7-17-07)

Sec. 28-54. Planned Development-1 District (PD-1) regulations. (a) Permitted uses. For the PD-1 district, the permitted uses shall be as set forth in Table 3.1 of Article III for PD-1 districts. (b) Density and intensity of development. The gross residential density in a PD-1 district shall not exceed seven (7) units per acre. The area used to calculate such density shall not include areas for commercial use. A maximum floor area ratio of 0.45 shall apply to all individual commercial sites within the PD-1 district. (c) Townhouse/multifamily residences. No townhouse structure shall contain more than ten (10) units, and no more than two (2) adjacent townhouse unit fronts shall have the same setback. There shall be no other setback requirements except that no townhouse shall be located within thirty-five (35) feet from any private travel lane or public street right-of-way or twenty-four (24) feet of another residential structure of the same type or within seventy-five (75) feet from another residential structure of a different type. No multifamily structure shall contain more than twenty-four (24) units. There shall be no setback requirements except that no multifamily structure shall be located within thirty-five (35) feet from any public or private street right-of-way or within thirty (30) feet from any other structure of the same type within seventy-five (75) feet of another residential structure of a different type. Townhouse or multifamily structures shall conform to the following additional requirements: (1) Minimum lot width for townhouses shall be twenty (20) feet per unit. (2) Minimum lot area shall be as per approved preliminary subdivision plans. (3) Parking areas serving townhouses and multifamily uses shall provide landscaping, per section 100 of the DCSL. (d) Single-family/duplex residences. Single-family detached and duplex residential units shall conform to the following requirements: (1) Minimum lot width for single-family detached dwellings shall be eighty (80) feet per unit; minimum lot width for duplex structures shall be one hundred (100) feet. (2) Minimum lot area shall be as per approved preliminary or construction plans. (e) Commercial uses. (1) Commercial structures shall not be located within sixty (60) feet of any residential structure; (2) No commercial structure shall be located within thirty-five (35) of any public street right-of-way; (3) Off-street parking areas for commercial uses within the PD-1 district shall provide landscaping per section 100 of the DCSL. (f) Open space requirements. Development within the PD-1 district shall comply with all the buffering, landscaping and screening requirements of section 100 of the DCSL. (Ord. No. 094-29, § 28-404, 8-9-94; Ord. No. 095-11, 3-7-95; Ord. No. 002-25, 9-3-02; Ord. No. O05-33, 12-13-05)

Sec. 28-55. Planned Development--2 District (PD-2) regulations. (a) Permitted uses. For the PD-2 district, the use schedule shall be as set forth in Table 3.1 of Article III for PD-2 districts. (b) Density and intensity of development. The total residential density in a PD-2 district, including single-family residences, multifamily residences and commercial apartments, shall not exceed three and twenty-five hundredths (3.25) units per acre. The nonresidential intensity of development on any site shall not exceed a 0.50 floor area ratio. (c) Townhouse/multifamily residences. No townhouse structure shall contain more than ten (10) units, and no more than two (2) adjacent townhouse fronts shall have the same front setback. There shall be no side yard requirements except that no townhouse unit shall be located within thirty (30) feet of another residential structure. Up to fifteen (15) percent of multifamily structures may contain up to twenty-four (24) units; all other multifamily structures shall contain no more than twelve (12) units. There shall be no side yard requirements except that no multifamily structure shall be located within sixty (60) feet of another residential structure. Townhouse and multifamily units shall conform to the following additional requirements:

(1) Minimum lot width shall be eighteen (18) feet. (2) Minimum front building setback shall be fifteen (15) feet. (3) Minimum lot area shall be as per approved preliminary or construction plans as required. (4) No more than forty (40) percent of the total units in the development shall be townhouse or multifamily units. (5) Accessory townhouse garages (detached) may have zero side yard and zero rear yard setbacks and be up to thirty (30) feet in height if a peaked roof is utilized, notwithstanding section 28-38. Attached and detached townhouse garages shall provide the same rear setback as detached garages where the lot abuts a common access easement at least twenty (20) feet in width. (d) Single-family/duplex residences. Single-family detached and duplex residential units shall conform to the following requirements: (1) Zero side yard setbacks are permitted on one side of the property; provided, however, that the opposite side yard shall be at least ten (10) feet. (2) At no time shall the distance between two (2) structures as dwellings be less than ten (10) feet. (3) Minimum lot width per unit shall be fifty (50) feet. (4) Minimum front building setbacks shall be fifteen (15) feet. (5) Minimum rear yard setbacks shall be thirty-five (35) feet, except that attached garages shall provide the same rear setbacks as detached garages where the lot abuts a common access easement at least twenty (20) feet in width. (6) Minimum lot area shall be five thousand (5,000) square feet per dwelling unit. (7) Maximum unit height shall be thirty-five (35) feet. (e) Commercial uses. Commercial uses shall conform to the following requirements: (1) Minimum front building setbacks shall be eight (8) feet or immediately behind the street sidewalk if the sidewalk is in the street right-of-way. (2) Minimum lot area and width shall be as per approved preliminary or construction plans. (3) Minimum side yard setbacks shall be as per approved construction plans. (4) The total amount of land proposed for commercial uses, including accessory uses such as parking areas, shall not be less than five (5) percent nor exceed thirty-five (35) percent of the total gross area of the development, excluding that area within the perimeter buffer area. (5) The following outside structures and goods shall be screened from view from any public right-of-way: Trash receptacles, air conditioning and heating units, loading areas, large work area doors, open work bays and inventory stored outside. (6) Sidewalks, a minimum of eight (8) feet wide and parallel to the curb of the street, shall be required in all commercial areas of the district. (f) Commercial apartments. Residential apartments shall be allowed as accessory uses to commercial establishments; provided that: (1) The total height of the structure shall not exceed the height limitations contained in Table 3.1 for commercial structures; and (2) Each residential unit has a building access other than the access designated for the commercial establishment; and (3) Each residential unit adheres to all appropriate state and county codes. (g) Residential/commercial location. No residential structure shall be constructed at a distance greater than one thousand three hundred twenty (1,320) linear feet, measured in a straight level line regardless of topography or street patterns, from at least one planned or existing civic building, such as a school, church, or recreation facility, or a commercial use. Commercial uses located within residential sections shall be located centrally within the neighborhood and maintain the character of a neighborhood center. (h) Open space requirements. Development within the PD-2 shall comply with all the buffering, landscaping and screening requirements per section 100 of the DCSL, except for section 110.3, Transitional buffer. The following open space requirements shall be met: (1) A type C transitional buffer, per section 100 of the DCSL shall be established along all perimeter property lines of the development, except as provided below.

(2) A type C transitional buffer, per section 100 of the DCSL shall be established along perimeter lines of the development that adjoins land designated as agriculture or rural residential in the land use plan. (3) A type A transitional buffer, per section 100 of the DCSL shall be established along perimeter property lines of the development that adjoins lands zoned as PD-1 or PD-2. (4) No commercial establishment within a PD-2 district shall be located within fifty (50) feet of a perimeter boundary of the PD-2 district which adjoins lands zoned for residential or agricultural use. No development or clearing, grading or construction activity, other than for any public utility construction or providing road access, shall be permitted in any buffer area; except the buffer area established along major collector or higher classification streets may be cleared and replaced with landscaping. No impervious surfaces, including structures, parking or roadways are permitted in this area, except for access authorized herein and pedestrian or bicycle trails and access. No less than fifteen (15) percent of the total internal area shall be designated as open space for common usage; except that the area of the undisturbed buffer, parking areas, and land proposed for commercial use shall not be included in the calculation of open space acreage. No less than ten (10) percent of the total open space shall be landscaped. No less than five (5) percent of the total open space or twenty (20) acres, whichever is greater, shall be designated to public or community use. (i) Architectural design controls. Examples of typical street sections, including building setbacks, architectural styles of buildings and lot widths shall be submitted to the director of planning for review at the time of submission of subdivision plans. Street trees are required in commercial areas of the district. All street trees planted within the commercial area shall conform to the following criteria: (1) Plantings shall be in sequence with a uniform spacing of no greater than fifty (50) feet on center. (2) Tree types (species) shall be those that provide a high canopy so as not to inhibit pedestrian or vehicular vision lines of movement and shall be submitted to the director of planning for review. (3) Street lighting is required in commercial and residential areas. Typical styles of all street lighting fixtures to be used shall be submitted to the planning director or his designee to review for consistency with overall architectural design of the development. Street trees and street lighting shall be maintained by the homeowners or business association. (4) On-street parallel parking shall be permitted in PD-2 districts. The number of parking spaces required for off-street parking requirements specified in article VII of this chapter shall be required, except that all on-street parallel parking spaces provided shall count towards the off-street parking requirements and shall be located within one hundred fifty (150) feet of the dwelling they are intended to serve or within three hundred (300) feet if the dwelling is provided with two (2) on-site parking spaces or garage. Parking spaces in garages on individual residential lots shall count toward off-street parking requirements where additional storage space is provided in the garage. Where on-street parking is provided, a minimum of two (2) travel lanes shall be required in addition to that necessary to accommodate on-street parallel parking. (5) Buffer yards and landscaping may only be located within street right-of-way with approval of the Virginia Department of Transportation. (Ord. No. 094-29, § 28-405, 8-9-94; Ord. No. 003-29, 6-17-03; Ord. No. O05-33, 12-13-05)

Sec. 28-56. Application for planned developments. (a) Application procedure. In addition to the requirements of article XII, whenever a tract of land meets the minimum requirements for classification as PD-1, PD-2, or P-TND as stipulated herein, the owner may file an application with the planning director requesting rezoning one of these classifications. A preliminary conference with staff for the office of planning prior to the filing is required. The applicant shall furnish twenty (20) copies of the general development plan for the development with the application. The general development plan shall be prepared by qualified individuals, as defined in article XIII of this chapter, and shall be at least of a scale of one inch equals two hundred (200) feet. In addition to the requirements of the generalized

development plan stipulated in Article XIII, at a minimum the following information shall be submitted: (1) A list giving the names, mailing addresses and assessor's parcel numbers for all adjoining property owners, including those immediately across the road. (2) A delineation of the approximate location of proposed uses within the development, the location and names of adjacent subdivisions, and the location and size in acres of proposed parks, school sites, common open areas, and any other land proposed for community use. Location, size, and total area of all proposed parks, playgrounds shall follow the adopted County guidelines for parks and recreation facilities. (3) Clear delineation of all sections, stages or phases of development along with data as to the order and timing of development. (4) A transportation plan delineating the collector or higher classification streets, all proposed pedestrian and bicycle travel ways, excluding sidewalks and all proposed connections external to the district. Submission of a report that responds to the criteria established in the county's transportation impact statement guidelines shall be required. (5) A utility plan showing the existing and proposed utility infrastructure for the specific project and adjacent planned service areas. The plan shall delineate all proposed pump stations, water towers, and the identification of all proposed easements. Supportive documentation shall be provided that includes the project's ultimate utility requirements and compliance with the county's utility plans. (6) A preliminary stormwater management analysis that identifies proposed stormwater management techniques to be utilized. The analysis shall include preliminary stormwater runoff calculations for existing and proposed conditions, including estimates of impervious surface areas and nonpoint source pollutants based on average land cover calculations for the watershed area. (7) An environmental inventory plan that discusses the following types of geographic features and any additional environmentally sensitive features which may be located on the site: a. Any "blue line" stream on the U.S.G.S. Topographic Quadrangle Maps. b. Topography using five-foot contour intervals. c. Slopes greater than twenty-five (25) percent. d. Tidal and nontidal wetlands. e. Land within the 100-year floodplain. f. Cemeteries. g. Historic sites and structures. h. Soil types. i. Tree types (deciduous or conifer) and tree coverage area. j. Wildlife habitats of all threatened or endangered species. (b) Submission requirements (1) Except for a P-TND, the applicant shall provide tables showing figures for the total acreage devoted to each of the following uses: Single-family detached residences, duplexes, townhouses, multifamily residences (separating out commercial apartments), schools, parks, open space, streets, parking and commercial use. Data indicating the total commercial square footage proposed, the overall density of the development, and the density of each section shall be provided. (2) For P-TND, the applicant shall provide; i. Twenty (20) copies of a regulating plan showing the following features: 1. Transect zone(s). 2. Primary roads. 3. Civic building and uses. 4. Pedestrian shed(s). 5. Primary commercial frontage(s). 6. Vista termination(s). ii. Twenty (20) copies of the neighborhood design standards showing the following features: 1. Architecture features specific to the development for each type of building within each transect zone.

2. Elements to building construction specific to the development for each type of building within each transect zone. 3. Streetscape and landscape scheme that is not required per this Chapter for each transect zone. 4. Lighting plan and details on the type of light fixtures to be used for each transect zone. (c) Review procedures. Upon receipt of an application for a planned development district classification, the planning commission and the board of supervisors shall advertise and hold public hearings as required by this chapter for the rezoning of property. (d) Fees. Fees for the application to rezone to a planned development district shall follow the fee schedule established by the board of supervisors. (e) Effect of approval. Upon approval of the complete application submitted under this section, the applicant shall have one hundred twenty (120) days in which to submit a preliminary subdivision/site development plan for the entire development. All final plans must comply with the stipulations and concepts approved by the board of supervisors during the rezoning. The approval of the initial application package by the board of supervisors shall in no manner obligate the county to approve any final plan. The final plan shall be prepared and submitted in accordance with the requirements of Article XIV, Site Plans, of this chapter. (f) Major change of development plan. Except in accordance with [subsection] (g) below for a P-TND, a proposed change to the approved preliminary subdivision/site development plan for the entire development shall be considered as a major change of development plan and shall comply with article XII. The following shall constitute a major change of development plan: (1) Proposed change of unit type within any section of the development. (2) Proposed change of street configuration affecting external street circulation and traffic patterns. (3) Proposed change of use of structures. (4) Proposed elimination of recreation facilities. (g) Technical modifications or adjustments to the regulating plan or neighborhood design standards for P-TND. (1) Technical modifications or adjustments to the regulating plan in accordance with [subsection] (b)(2) above may be approved by the director of planning provided: a. The technical modification or adjustment for the shifting of a boundary of a transect zone, provided the shifting does not result in the relocation or switching of transect zones and does not increase the approved density for the transect zones which are being adjusted; or b. Due to changes in the county code or technical engineering the location of a primary road or civic building and use may be shifted, provided the boundaries of the pedestrian shed is not altered. c. The director of planning shall render a decision in writing within thirty (30) days from the date of receiving the request as to whether the request is a technical modification to the Regulating Plan. (2) Modifications or adjustments to the Neighborhood Design Standards in accordance with [subsection] (b)(3) above may be approved by the director of planning provided: a. A letter has been submitted to the director of planning requesting the approval to the modifications or adjustment; and b. The specific features of the neighborhood design standards that are being modified or adjusted is described; and c. Justification as to why the originally planned feature needs to be modified or adjusted; and d. The modified or adjusted feature. e. The director of planning shall respond in writing within thirty (30) days from the date the request has been received. (Ord. No. 094-29, § 28-406, 8-9-94; Ord. No. O07-39, 7-17-07)

Sec. 28-57. Flood Hazard Overlay District (FH). (a) Purpose and intent. The purpose of these provisions is to prevent the loss of life and property, the increase or creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

(1) Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies. (2) Restricting or prohibiting certain uses, activities and development from locating within districts subject to flooding. (3) Requiring all those uses, activities and developments that do occur in floodprone districts to be protected and/or floodproofed against flooding and flood damage. (4) Protecting individuals from buying land or structures which are unsuited for intended purposes because of flood hazards. (b) Applicability. These provisions shall apply to all lands within the jurisdiction of Stafford County, Virginia, and identified as being in the 100-year floodplain by the Federal Emergency Management Agency. (c) Compliance with liability. No land within the FH district shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this section or any other applicable laws and regulations which apply to uses within the jurisdiction of this county. (d) Abrogation and greater restrictions. This section supersedes any provisions currently in effect in floodprone districts. However, any underlying zoning regulation shall remain in full force and effect to the extent that its provisions are more restrictive than this chapter. (e) Establishment of flood hazard zoning district. (1) Description of district. The floodplain districts shall include areas subject to inundation by waters of the one-hundred-year flood. The basis for the delineation of these districts shall be the flood insurance study (FIS) for Stafford County, Virginia, prepared by the Federal Emergency Management Agency dated February 4, 2005, as amended. a. The floodway district is delineated, for purposes of this division, using the criterion that certain areas within the one-hundred-year floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water elevation of that flood more than one foot at any point. The areas included in this district are specifically defined in table 3 of the above referenced flood insurance study and shown on the accompanying flood insurance rate map. b. The flood fringe shall be that area of the one-hundred-year floodplain not included in the floodway district. c. The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been determined by approximate methods. Such areas are shown as Zone A on the map accompanying the flood insurance study. For these areas, the 100-year flood elevations and floodway information from federal, state and other acceptable sources shall be used, when available. Where specific 100-year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Floodprone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by Stafford County. (2) Overlay concept. a. The floodplain district described above shall be overlays to the existing underlying districts as shown on the official zoning map for Stafford County, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions. b. Should there be any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions shall apply. c. In the event any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative action or juridical decision, the basic underlying provisions shall remain applicable. (f) Official flood insurance rate map (FIRM).

(1) The boundaries of the floodplain district are established as shown on the flood insurance rate map (FIRM) which are declared to be a part of this subsection and which shall be on file in the Departments of Code Administration and Planning and Zoning for Stafford County. (2) The delineation of any floodplain district may be revised by the board of supervisors where natural or manmade changes have occurred and/or where more-detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or individual who documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration. (3) Interpretations of the boundaries of the floodplain district shall be made by the zoning administrator. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. Persons questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the board of zoning appeals and to submit their own technical evidence if desired. (g) Zoning permit for uses, activities and development. (1) All uses, activities and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit. Such development shall only be undertaken in strict compliance with the provisions of this chapter and with all other applicable codes, such as the Virginia Uniform Statewide Building Code, and chapters of the Stafford County Codes and Erosion and Sediment Control. Prior to the issuance of any such permit, the zoning administrator shall require all applications to include compliance with all applicable state and federal laws and regulations. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodway of any watercourse, drainage ditch, or any other drainage facility or system. (2) Notwithstanding the permitted uses and structures in flood hazard districts listed in subsections (h) and (i), the zoning administrator may refuse, subject to review by the board of zoning appeals, to grant any permits for development, if it is determined that the following standards be violated: a. Uses and structures permitted in floodplains shall be those least likely to be damaged by the kind and amount of flooding anticipated. b. No area known to be susceptible to frequent and dangerous floods shall be permitted to be used during periods when such flash floods are likely to occur. c. Any structures located in floodplains shall be located, elevated and constructed as to minimize potential hazards and damage from probable flooding, resist flotation and offer minimum obstruction to flood flow. Where dwellings are permitted, lowest floor, including below grade basement, shall be a minimum of three (3) feet above the one-hundred-year flood or maximum record flood, whichever is greater. No use shall be permitted which increases amounts of potentially damaging materials (including those likely to be injurious to health) which might be carried downstream in floods. d. In the floodway district, no development shall be permitted except where the affect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate county and state authorities. e. No use, structure or activity, including the filling of land to change the level of land, shall be permitted in any floodway which adversely affect normal flood flow, increases flooding of land adjoining the floodway, causes diversion of waters in a manner more likely to create damage than does flow in a normal course, or increase peak flows or velocities in a manner likely to lead to added property-damaging materials, including those likely to be injurious to health which might be carried downstream in floods. (3) All structures constructed in any floodplain area shall, within ten (10) days of establishing the lowest floor elevation, submit an elevation certificate sealed by a registered engineer or land surveyor to the Department of Code Administration of Stafford County. For residential structures the certification must show that the lowest floor elevation is a minimum of three (3) feet above base flood elevation; for nonresidential structures which are floodproofed or elevated, the certification must show that the effective flood protection elevation is a minimum of three (3) feet above base flood elevation. (4) Prior to any proposed alteration, relocation of any channels or of any watercourse, stream, etc., within Stafford County, all applicable permits shall be obtained from the U.S. Army Corps of

Engineers, the Department of Environmental Quality (DEQ) Virginia State Water Control Board, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (DCR) Division of Dam Safety and Floodplain Management, and the Federal Emergency Management Agency. (5) All applications for development in the floodplain district and all building permits issued for the floodplain shall incorporate the following information: a. For structures to be elevated, the lowest floor elevation (including below grade basements) shown at least three (3) feet above the one-hundred-year-flood elevation. b. For structures to be floodproofed, the elevation of such floodproofing to be at least three (3) feet above the 100-year-flood elevation, and an engineer's certification that floodproofing techniques provide protection from the 100-year flood. c. Topographic information showing existing and proposed ground elevations. (6) Recreational vehicles placed on sites shall either: a. Be on site for fewer than one hundred and eighty (180) days, be fully licensed and ready for highway use; or b. Meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes as contained in the Uniform Statewide Building Code. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. (h) Permitted uses in the floodway district. (1) In the floodway district no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the one-hundred-year flood elevation. (2) The following uses and activities are permitted provided that (i) they are in compliance with the provisions of the underlying zoning district; (ii) they are not prohibited by any other law; and (iii) they do not require structures, the placement of fill, or storage of materials and equipment: a. Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. b. Recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, horseback riding and hiking trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet ranges, and hunting and fishing areas. c. Accessory residential uses, such as yard areas, gardens, play areas, and pervious loading areas. d. Accessory industrial and commercial uses, such as yard areas, parking and loading areas, and airport land strips. (3) The following uses and activities may be permitted, by special exception, in the floodway district, provided that they are in compliance with the provisions of the underlying district and are not prohibited by this chapter or any other ordinance. a. Public works, utilities and public facilities and improvements, such as railroads, streets, bridges, transmission lines, water and sewage treatment plants, stormwater management structures, and other or similar related uses. b. Water-dependent uses and activities, such as marinas, docks, wharves, piers, or shoreline protection measures, where no administrative exception has been granted by the agent. (4) The agent may at his discretion issue, in writing, an administrative exception for specified uses and activities in the floodway district. The agent must find that the placement of fill material for the proposed activity or use would not create a flood hazard or contribute to increased flood elevations of off-site properties. The applicant requesting an administrative exception shall provide sufficient information, plans and drawings for the agent to determine that there would be no flood hazard impacts. The following uses and activities may be permitted, by administrative exception, in the floodway district:

a. Water-dependent uses and activities associated with tidal water bodies, such as marinas, docks, wharves, and piers. b. Shoreline protection measures where the maximum elevation of the structure or fill does not exceed the base flood elevation. (i) Flood-fringe and approximated floodplain districts. In the flood-fringe and approximated floodplain districts the development and/or use of the land shall be permitted in accordance with the regulations of the underlying zoning district provided that no placement of fill is proposed for any use except; utilities, public facilities, and improvements, such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, stormwater management structures, shoreline protection measures and water dependent uses located within or adjacent to tidal water bodies where there would be no increase in the one hundred-year flood elevations, and other similar or related uses. Activities and/or development shall be undertaken in strict compliance with the flood-proofing, related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances. Within the approximated floodplain district, the applicant shall also delineate a floodway area based on the requirements that all existing and future development not increase the one hundred-year flood elevation more than one foot at any point. The engineering principle--equal reduction and conveyance--shall be used to make the determination of increased flood heights. This delineation shall be performed by a professional engineer and submitted to FEMA for technical evaluation and approval. Within the floodway area delineated by the applicant, the provisions of subsection (h) shall apply. (j) Design criteria for utilities and facilities. (1) Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants, including all pumping stations and collector systems, shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. (2) Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages. (3) Drainage facilities. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and on-site waste disposal sites. The board of supervisors may require a primarily underground system to accommodate frequent floods and may require a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. (4) Utilities. All utilities, such as gas lines, electrical and telephone systems being placed in floodprone areas should be located, elevated (where possible), and constructed to minimize the chance of impairment during a flooding occurrence. (5) Streets and sidewalks. Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights. (k) Variances. (1) In passing upon applications for variances, the board of zoning appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following factors: a. The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway district that will cause any increase in the 100-year-flood elevation. b. The danger that materials may be swept on to other lands or downstream to the detriment or injury of others, potentially magnifying flood hazards and damages. c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. e. The importance of the services provided by the proposed facility to the community. f. The requirements of the facility for a waterfront location. g. The availability of alternate locations not subject to flooding for the proposed use. h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. i. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. j. The safety of access by ordinary and emergency vehicles to the property in time of flood. k. The expected heights, velocity, duration, rate of rise, and sediment transport of floodwaters expected at the site. l. The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. m. Such other factors which are relevant to the purposes of this chapter. (2) The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or FEMA for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters. Variances shall be issued only after the board of zoning appeals has determined that the granting of such variance will not result in: a. Unacceptable or prohibited increases in flood heights; b. Additional threats to public safety; c. Extraordinary public expense; d. Creation of nuisances; e. Fraud or victimization of the public; f. Conflict with local laws or ordinances. (3) Variances shall be issued only after the board of zoning appeals has determined that the variance will be the minimum required to provide relief from any hardship to the applicant. (4) The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct below the 100-year-flood elevation: a. Increases the risks to life and property; and b. Will result in increased premium rates for flood insurance. (5) A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Emergency Management Agency. (l) Existing structures in the floodplain district. A structure or use of a structure or premises which lawfully existed before enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions: (1) Existing structures in the floodway district shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that it would not result in any increase in the 100-year-flood elevation or present increased flood hazards. (2) Any modifications, alterations, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of less than fifty (50) percent of its market value, shall conform to the Virginia Uniform Statewide Building Code (VA USBC). (3) Reserved. (Ord. No. 094-29, § 28-407, 8-9-94; Ord. No. 099-41, 7-13-99; Ord. No. 099-76, 11-16-99; Ord. No. O04-63, 12-7-04; Ord. No. O07-31, 5-1-07; Ord. No. O08-37, 6-17-08; Ord. No. O08-80, 12-2-08)

Sec. 28-58. Historic Resource Overlay District (HR).

(a) Definition and purpose. The Historic Resource Overlay District (HR) shall be defined as consisting of any historic area, landmark, building or structure, or any land pertaining to any estate or interest therein, along with any adjoining lands deemed necessary to protect the context in which the resource exists, which, in the opinion of the board of supervisors, should be preserved and maintained for the use, observation, education, pleasure and welfare of the people, and is so designated. It is intended that the establishment of HR districts will protect against destruction of and encroachment upon historic resources. HR districts are areas containing buildings or places in which historic events have occurred or which have special public value because of notable architectural or other features relating to the cultural or artistic heritage of the county, the commonwealth, and the nation, of such significance as to warrant conservation and preservation. (b) Architectural review board. The governing body shall appoint an architectural review board (ARB) consisting of five (5) members for the purpose of administering this section, subject to the following conditions: (1) All members appointed to the ARB shall have a demonstrated knowledge, interest, or competence in historic preservation. (2) At least one member shall be a registered architect, or an architectural historian, with a demonstrated interest in historic preservation; at least one member shall be a member of the planning commission; at least one member shall be a resident of a designated historic district in Stafford County. When adequate review of any proposed action would normally involve a professional discipline not represented on the ARB, the ARB shall seek appropriate professional advice before rendering a decision. Information on the credentials of all ARB members shall be kept on file locally for public inspection. (3) The ARB shall adopt written bylaws that include [at] a minimum: Provision for regularly scheduled meetings at least four (4) times a year; a requirement that a quorum of three (3) members be present to conduct business; rules of procedure for considering applications; written minutes of all meetings. (4) Terms of office for ARB members shall be for three (3) years and shall be staggered. (5) Vacancies on the ARB shall be filled within sixty (60) days. (6) In addition to those duties specified in this chapter, the ARB shall at a minimum perform the following duties: a. Conduct or cause to be conducted a continuing survey of the cultural resources in the community according to guidelines established by the state historic preservation office. b. Act in an advisory role to other officials, and departments of local government regarding protection of cultural resources. c. Disseminate information within the locality on historic preservation issues and concerns. d. The ARB shall provide for adequate public participation, including: 1. All meetings of the ARB must be publicly announced, to be open to the public, and have an agenda made available to the public prior to the meeting. ARB meetings must occur at regular intervals at least four (4) times per year. Public notices must be provided prior to any special meetings. The ARB shall allow for public testimony from interested members of the public, not just applicants. 2. Minutes of all decisions and actions of the ARB, or in appeals to the local governing body, must be kept on file and available for public inspection. 3. All decisions made by the ARB shall be made in a public forum and applicants shall be given written notification of decisions made by the ARB. 4. The rules of procedure adopted by the ARB shall be made available for public inspection. (c) Designation of historic districts. The board of supervisors may designate by ordinance historic resources to be included in the Historic Resource (HR) Overlay District. These resources may be, but are not limited to, landmarks established by the Virginia Landmarks Commission and any other building or structures within the county having important historic, architectural or cultural interest. (1) The ARB shall recommend and the governing body may, approve by ordinance the designation of an area or resource as Historic Resource Overlay District within which the

regulations set forth in this section and regulations adopted for each specific historic district shall apply. (2) In order to fully protect historic resources and areas, the boundaries of an Historic Resource Overlay District may include adjoining land closely related to and bearing upon the character of the historic resource, including lands within proximity of the historic resource. (3) Individual property owners' consent for inclusion of their property within the HR district is not required. (4) The board of supervisors may create HR overlay districts, provided such districts: a. Contain buildings or places in which historic events have occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, or such significance to warrant conservation and preservation. b. Is [are] closely associated with one or more persons, events, activities, or institutions that have made a significant contribution to local, regional, or national history; or c. Contain buildings or structures whose exterior design or features exemplify the distinctive characteristics of one or more historic types, periods, or methods of construction, or which represent the work of an acknowledged master or masters; or d. Have yielded, or are likely to yield, information important to local, regional or national history; or e. Possess an identifiable character representative of the architectural or cultural heritage of Stafford County; or f. Contain a landmark, building or structure included on the National Register of Historic Places or the Virginia Landmark Register. (d) Historic resource overlay district regulations. Historic resource overlay districts shall be subject to the following regulations in addition to those imposed for each specific historic district and those pursuant to the underlying zoning classification of the property. The Historic Resource Overlay District regulations shall take precedence over the underlying regulations when they conflict. All HR district boundaries shall be delineated on the official zoning map. (1) A certificate of appropriateness issued by the agent or his designee shall be required prior to the erection, reconstruction, exterior alteration, restoration or excavation of any building or structure within a HR district, or prior to the demolition, razing, relocation, or moving of any building or structure therein. The agent shall not issue a certificate of appropriateness until an application therefor has been approved by the ARB or upon appeal to the board of supervisors with consultation of the ARB, following the procedures set forth below. In addition, no demolition, razing, relocation, or moving of an historic resource in an HR district shall occur until approved by the ARB or upon appeal to the board of supervisors with consultation of the ARB. (2) Upon receipt of an application for a certificate of appropriateness, the agent shall forward to the ARB copies of the permit application, plat, site plan, and any other materials filed with such application. The application must be received by the ARB thirty (30) days or more prior to its meeting. (3) The ARB may require the submission of the following information and other materials necessary for its review of the application: statement of proposed use; name of proposed user; design sketches showing exterior building configuration, topography, paving and grading; and, a plan showing exterior signs, graphics, and lighting to establish location, color, size, and type of materials. (4) The ARB shall review and render a decision upon each application for a certificate of appropriateness within sixty (60) days of receipt, unless the applicant agrees in writing to an extension of the review period. The ARB shall apply the following criteria for its evaluation of any application. In addition to the following criteria, and guidelines adopted by the county, the ARB shall consider the Secretary of Interior's "Standards for Rehabilitation," as may be amended from time to time in determining the appropriateness of any application for approval pertaining to existing structures. a. Risk of substantial alteration of the exterior features of an historic resource. b. Compatibility in character, context and nature with the historic, architectural or cultural features of the historic district. c. Value of the resource and the proposed change in the protection, preservation, and utilization of the historic resource located in the historic district.

d. Exterior architectural features, including all signs. e. General design, scale, and arrangement. f. Texture and materials. g. The relationship of subsections a., b., and c., above, to other structures and features of the district. h. The purpose for which the district was created. i. The relationship of the size, design, and orientation of any new or reconstructed structure to the landscape of the district. j. The extent to which denial of a certificate of appropriateness would constitute a deprivation of a reasonable use of private property. (5) No application for a permit to erect, reconstruct, alter, or restore any building or structure, including signs, shall be approved unless the ARB determines or upon appeal to the board of supervisors with consultation of the ARB that it is architecturally compatible with the historic resources in the HR district. (6) In reviewing an application to raze or demolish an historic resource the ARB shall review the circumstances and the condition of the structures proposed for demolition and shall make its decision based on consideration of the following criteria: a. Is the historic resource of such architectural, cultural, or historic interest that its removal would be detrimental to the public interest? b. Is the historic resource of such old and unusual design, texture, and material that it could not be reproduced or be reproduced only with great difficulty? c. Would retention of the historic resource help preserve and/or protect another historic resource? (7) In reviewing an application to move or relocate an historic resource, the ARB shall consider the following criteria: a. Detrimental effect of the proposed relocation on the structural integrity of the historic resource. b Detrimental effect of the proposed relocation on the historical aspects and context of other historic resources, buildings, or structures in the HR district. c. Compatibility of proposed new surroundings with the historic resource if relocated. d. Benefits of relocation of the historic resource with regard to its preservation. (8) The ARB, on the basis of the application and the criteria set forth herein shall approve, with or without modifications, or deny the application. If the ARB approves or approves with modifications the application, it shall authorize the agent to issue the permit. The permit shall expire after twelve (12) months from the date of issuance if work has not yet commenced on the property. If the ARB denies the application, it shall so notify the applicant and the agent in writing. (9) Minor work or actions, deemed by the agent or his designee not to have a permanent effect upon the character of the historic property or district, shall be exempt from full review by the ARB. Instead, such minor work or actions shall be reviewed and approved or disapproved by the agent or his designee. Decisions made regarding minor work shall be rendered in writing. An applicant may appeal the decision of the agent or his designee to the ARB and of the ARB to the board of supervisors, in accord with the procedures hereinafter established. The term "minor work" shall include, but not be limited to, the repair or replacement of existing materials on exterior surfaces or appurtenances, such as steps, gutters, chimneys, windows, or exterior painting which does not result in a color change. (e) Appeals; right to demolish. (1) Any owner or owners of real property within Stafford County who are jointly or severally aggrieved by a decision of the ARB, may appeal the decision to the board of supervisors by filing a written petition with the agent within thirty (30) days of that decision. The filing of the petition shall not stay the decision of the ARB if that decision denies the right to demolish a historic resource. The board of supervisors, after consultation with the ARB, may reverse the decision of the ARB, in whole or in part, or it may affirm the decision of the ARB. (2) Any owner or owners of real property within Stafford County who are jointly or severally aggrieved by a final decision of the board of supervisors, may appeal to the Circuit Court of Stafford County for review of that decision by filing a petition at law setting forth the alleged

illegality within thirty (30) days of the final decision of the board, in accordance with section 15.1-503.2 of the Code of Virginia 1950, as amended. The filing of said petition shall stay the decision of the board pending the outcome of the appeal to the court, provided that the filing of such petition shall not stay the decision of the board if such decision denies the right to raze or demolish an historic resource. The court may reverse or modify the decision of the board of supervisors, in whole or in part, if it finds upon review that the decision of the board is contrary to the law or that its decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the board of supervisors. (3) In addition to the right of appeal set forth in subsection (2) above, the owner of an historic resource, the razing of which is subject to the provisions of this chapter, shall, as a matter of right, be entitled to demolish such historic resource, provided that: a. He has applied to the governing body for such right; and b. He has, for a period of time set forth in the time schedule contained in this section, and at a price reasonably related to its fair market value, made a bona fide offer to sell such historic resource, and the land pertaining thereto, to the county, or any person, firm, corporation, government or agency thereof which gives reasonable assurance that it is willing to preserve and restore the historic resource and the land pertaining thereto; and c. No bona fide contract, binding upon all parties thereto, shall have been executed for the sale of such historic resource, and the land pertaining thereto, prior to the expiration of the application time set forth in the time schedule contained in this section. (4) Any appeal which may be taken to the court from a decision of the board of supervisors, whether instituted by the owner or by any other party with proper standing, notwithstanding the provisions heretofore stated relating to a stay of the decision appealed from, shall not affect the right of the owner to make a bona fide offer to sell such historic resource. No offer shall be made more than one year after a final decision by the board of supervisors, but thereafter the owner may renew his request to the board to approve razing of the historic resource. The time schedule for offers to sell shall be as follows: a. Three (3) months when the offering price is less than twenty-five thousand dollars ($25,000.00). b. Four (4) months when the offering price is twenty-five thousand dollars ($25,000.00) or more, but less than forty thousand dollars ($40,000.00). c. Five (5) months when the offering price is forty thousand dollars ($40,000.00) or more, but less than fifty-five thousand dollars ($55,000.00). d. Six (6) months when the offering price is fifty-five thousand dollars ($55,000.00) or more, but less than seventy-five thousand dollars ($75,000.00). e. Seven (7) months when the offering price is seventy-five thousand dollars ($75,000.00) or more, but less than ninety thousand dollars ($90,000.00). f. Twelve (12) months when the offering price is ninety thousand dollars ($90,000.00) or more. (5) The time periods specified in this section shall commence upon receipt by the ARB of the owner's written notification of his intention to sell an historic resource. This statement shall identify the property, state the offering price, and the name of the real estate agent, if any. The ARB shall, within five (5) days, convey a copy of such statement to the county attorney. (Ord. No. 094-29, § 28-408, 8-9-94)

Sec. 28-59. Highway Corridor Overlay District (HC). (a) Purpose of the HC. In furtherance of the purposes set forth in sections 15.1-427, 15.1-489, and 15.1-490 of the Code of Virginia, and in general to protect the health, safety, and general welfare of the public by the prevention or reduction of traffic congestion, and distracting visual clutter which may result in danger on the public and private streets, a limitation is hereby placed on certain automobile oriented, fast service, quick turnover uses and related signage, which generate traffic in such amount and in such manner as to present the possibility of increased danger to the motoring public and other impediments to safe travel. This district is created in recognition of the need to provide suitable and sufficient road systems in the county and the need to protect existing and future highways from unsafe use. (b) Establishment of districts. The Highway Corridor Overlay District (HC) shall be designated by the board of supervisors by separate ordinance and will overlay all other zoning districts where it

is applied so that any parcel of land lying in a HC shall also lie within one or more other land use districts provided for by this chapter. The regulations and requirements of both the underlying district(s) and the HC shall apply; provided, however, that when the regulations applicable to the HC conflict with the regulations of the underlying district, the more restrictive regulations shall apply. (c) District boundaries. (1) HC boundaries shall be designated on the official zoning map as ordained by Ordinance O95-57, O96-23 and amended by O98-27, O96-24, O98-30, O01-29, and O01-37 establishing the boundaries of the overlay district, pursuant to Article XII, Amendments to Zoning Maps. (2) The district boundaries will be described as follows: a. Length of the district shall be established by fixing points of beginning and end in the centerline of a street. b. Width will be established by designation of the distance on one or both sides from the centerline to which the overlay district shall extend; or, by a description of coterminous property boundaries of lots along such street, or highway; or, by using visible geographic features. The HC zoning district shall be established and overlay all other zoning districts, except HI districts, on all parcels of land within the below described area: Beginning at a point at the centerline of Cambridge Street, extending five hundred (500) feet east from the centerline of Cambridge Street at the intersection with the centerline of Truslow Road; thence continuing in a northerly direction parallel to the centerline of Cambridge Street to a point where Cambridge Street becomes Jefferson Davis Highway; thence along Jefferson Davis Highway continuing in a northerly direction parallel to the centerline of Jefferson Davis Highway to a point at the centerline of Courthouse Road; thence continuing in a westerly direction along the centerline of Courthouse Road to five hundred (500) feet west of the centerline of Jefferson Davis Highway; thence continuing in a southerly direction from the centerline of Courthouse Road, parallel to the centerline of Jefferson Davis Highway to a point where Jefferson Davis Highway becomes Cambridge Street; thence continuing in a southerly direction along Cambridge Street to the centerline of Truslow Road; thence, extending along the centerline of Truslow Road to the point of beginning; encompassing all or part of the parcels listed on Attachment A, attached hereto, as shown on the map entitled "Proposed Route 1 Highway Corridor Overlay District" dated December, 2001, made by the Stafford County Department of Planning and Community Development, a copy of which shall be added to and become part of the Official Zoning Map of Stafford County. (d) Uses permitted by right. All uses permitted by right in the underlying land use district(s), shall be permitted by right in the HC unless otherwise specifically made a conditional use by this section. (e) Conditional uses. In addition to the listed uses requiring a conditional use permit (as listed in Table 3.1) in the underlying district, the following uses shall require a conditional use permit when proposed to be established in a HC: (1) Car washes, self-service and automated. (2) Funeral chapel, funeral home, or mortuary. (3) Convenience stores. (4) Theaters, arenas, or auditoriums. (5) Recreational enterprise. (6) Hotels or motels. (7) Hospitals. (8) Motor vehicle fuel sales. (9) Automobile repair. (10) Any uses which include drive-through facilities. (f) Development standards. All nonresidential uses shall be subject to the use limitations and development standards set forth in the underlying land use district(s) and, in addition, shall be subject to the following HC limitations: (1) Access and internal circulation shall be designed so as not to impede traffic on a public street. To such end, access via the following means will be approved: a. By provisions of shared entrances, interparcel connection and travelways, or on-site service drives connecting adjacent properties.

b. By access from a secondary public street as opposed to the corridor highway. c. By the internal streets of a commercial, office, or industrial complex. Developers of all parcels or lots within the HC shall submit an access and internal circulation plan to the county for approval which addresses access for the project and the surrounding area. The access plan shall demonstrate the ability to provide adequate access to surrounding properties via cross-easement agreement(s), shared entrances, interparcel connections and travelways, on-site service drives connecting adjacent properties, and/or access by secondary public streets. (2) Pedestrian circulation shall be provided for and coordinated with that generated from or using adjacent properties. The requirement for the provision of pedestrian circulation for the development of any parcels abutted on both sides along its road frontage to undeveloped parcels may, at the option of the county administrator, be satisfied by the execution and recordation of a sidewalk security agreement between the owner of the property and the county administrator to be prepared by the director of planning. The agreement shall provide for payment of one hundred twenty-five (125) percent of the amount of an engineer's certified cost estimate of the construction of the required sidewalk(s) at the time of permits or by monthly installments during a term not to exceed thirty-six (36) months and shall contain appropriate provisions for acceleration upon the sale or transfer of the property or upon a breach of the terms of the agreement. Payments made pursuant to this section shall also include an administrative fee of one hundred dollars ($100.00) which shall be payable at the time of the execution of the sidewalk security agreement. (3) Outdoor storage of goods shall be completely screened from view of the corridor highway. Outdoor storage shall include the parking of company owned and operated vehicles, with the exception of passenger vehicles. Outdoor display areas shall not encroach into any required front yard, with the exception that outdoor display areas may extend fifteen (15) feet from the building front; however, in no case shall outdoor display areas be permitted less than fifteen (15) feet from the street right-of-way. (4) Parking areas and driveways shall be paved with concrete, bituminous concrete, or other similar material except for low-impact development sites in accordance with the provisions of chapter 21.5 of this Code where pervious paving blocks and other similar materials may be allowed as approved by the agent. Surface treated parking areas and drives shall be prohibited. Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as to not interfere with pedestrian traffic. (5) Where parking is designed to be located in the front yard setback of the corridor highway, a berm shall be utilized within a designated street buffer. Where no berm is proposed within a designated street buffer, whenever possible, parking areas shall be located to the rear or side of the structure(s) or building(s) they are intended to serve. (6) Utility lines such as electric, telephone, cable television, or 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. All utility pad fixtures and meters shall be shown on the site plan. The necessity for utility connections, meter boxes, etc., should be recognized and integrated with the architectural elements of the site plan. (7) Loading areas, service entrances, and service bays shall be oriented and/or screened so as to not be visible from the corridor highway. (8) Dumpster and other waste disposal or storage areas shall be completely screened from the public view by means of a board-on-board fence and/or landscaping, or similar opaque material approved by the zoning administrator. (9) Architectural treatment shall be designed so that all building facades of the same building (whether front, side, or rear) will consist of similar architectural treatment in terms of materials, quality, appearance, and detail. No facade portion of a building constructed of unadorned cinderblock, corrugated metal or sheet metal shall be visible from the corridor highway. Mechanical equipment shall be shielded and screened from public view and designed to be perceived as an integral part of the building.

(10) Area and bulk regulations in the HC shall be the same as for the underlying land use district(s), except that: The height of buildings or structures within seventy-five (75) feet of the corridor highway shall not exceed two (2) stories or thirty (30) feet, whichever is less; and where parking areas are provided in a manner such that the structure or building is located between the parking area and the corridor highway, the applicable setback requirement may, at the option of the applicant, be reduced to fifty (50) percent of that otherwise required for the underlying district. (11) A landscaping and planting plan shall be submitted in conjunction with site plan submittal. Such landscaping and planting plan shall be drawn to scale, including dimensions and distances, and 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 and areas. Landscaping and planting plans shall be prepared by persons practicing in their area of competence. All plant materials shall be living and in a healthy condition. Plant materials used in conformance with the provisions of these specifications shall conform to the standards of the most recent edition of the "American Standard for Nursery Stock," published by the American Association of Nurserymen. Preservation of existing trees is encouraged to provide continuity, improved buffering ability; pleasing scale and image along the corridor. Any healthy, existing tree on site may be included for credit towards the requirements of this section. The owner, or his designee, shall be responsible for the maintenance, repair, and replacement of all landscaping materials as may be required or approved within the scope of these provisions. (12) Redevelopment or expansion of structures or uses that were in existence prior to the adoption of the HC district and where the square footage of any addition to a structure shall not be more than the square footage of the primary structure shall be exempt from the provisions of section 28-59(f)(5), (6) and (9); provided that such redevelopment shall not result in an increase of outside storage area or display on the undeveloped site. (g) Reserved. (Ord. No. 094-29, § 28-409, 8-9-94; Ord. No. 095-11, 3-7-95; Ord. No. 095-21, 3-21-95; Ord. No. 095-22, 3-21-95; Ord. No. 095-58, 9-5-95; Ord. No. 096-23, 7-23-96; Ord. No. 096-24, 7-23-96; Ord. No. 096-51, 10-15-96; Ord. No. 098-27, 4-21-98; Ord. No. 098-30, 5-5-98; Ord. No. 098-42, 6-2-98; Ord. No. 099-32, 6-15-99; Ord. No. 000-19, 2-15-00; Ord. No. 000-25, 5-16-00; Ord. No. 001-29, 6-5-01; Ord. No. 001-37, 12-11-01; Ord. No. 003-26, 6-17-03; Ord. No. O08-02, 5-6-08)

Sec. 28-60. Airport Impact District (AD). Reserved. (Ord. No. 094-29, § 28-410, 8-9-94)

Sec. 28-61. Reservoir Protection District (RP). Reserved. (Ord. No. 094-29, § 28-411, 8-9-94)

Sec. 28-62. Chesapeake Bay Preservation Area Overlay District. (a) Purpose and intent. (1) This section is enacted to implement the requirements of sections 15.2-2283 and 10.1-2100 et seq. of the Code of Virginia, the Chesapeake Bay Preservation Act. The purpose and intent of this section is to: a. Protect existing high-quality state waters; b. Restore state waters to a condition or quality that will permit all reasonable public uses and will support the propagation and growth of aquatic life, including game fish, which might reasonably be expected to inhabit them; c. Safeguard the clean waters of the commonwealth from pollution; d. Prevent increases in pollution; e. Reduce existing pollution;

f. Protect and enhance the wise use of environmental resources through management of development; g. Promote water resource conservation in order to provide for the health, safety, and welfare of the present and future citizens of Stafford County; h. Prevent a net increase in nonpoint source pollution from new development; i. Achieve a ten-percent reduction in nonpoint source pollution from redevelopment; j. Achieve a forty-percent reduction in nonpoint source pollution from agricultural uses. (2) The Chesapeake Bay Preservation Area Overlay District shall be in addition to and shall overlay all other zoning districts where they are applied so that any parcel of land lying in the district shall also lie in one or more of the other zoning districts provided for by this chapter. (b) Areas of applicability (district boundaries). The Chesapeake Bay Preservation Area Overlay District shall apply to all appropriate land in Stafford County. The CRPA maps show the general location of CRPAs and shall be consulted by persons contemplating activities in the county prior to engaging in a regulated activity. The CRPA maps, as amended, together with all explanatory matter thereon, are hereby adopted by reference and declared to be part of this chapter. (1) Critical resource protection area (CRPA). a. The CRPA shall include: 1. Tidal wetlands. 2. Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; 3. Tidal shores; 4. A one hundred-foot vegetated buffer area located adjacent to and landward of the components listed in subsections 1. through 3. above, and along both sides of any water bodies with perennial flow. b. Delineation by the applicant. The site-specific boundaries of the CRPA shall be delineated by the applicant through the performance of an environmental site assessment that satisfies the requirements of subsection 28-62(h)(2) of this Code. The county CRPA maps may be used as a guide to the general location of CRPAs, however this does not relieve the applicant of the requirement of the site-specific delineation of the CRPA. In addition, the administrative authority shall require that an applicant provide a site-specific determination of whether water bodies with perennial flow occur onsite. This determination shall ordinarily be completed by the applicant. The administrator may waive this requirement if during the review process it is determined that the determination is not necessary. The determination of perennial flow may be accomplished by the use of an approved scientifically valid method using field indicators of perennial flow. The applicant shall provide the information used for the determination to the administrator for review. c. Delineation by the administrative authority. The administrator may perform a delineation when requested by an applicant wishing to construct a single-family residence. The administrator may use an approved site-specific method or the administrator may waive the requirement and complete the delineation based on all available local information. In addition, the administrator may waive the requirement for a site-specific delineation if no evidence of possible CRPA features are identified through the evaluation of all available local information. This information includes topographic maps, soil surveys, and any other applicable mapping. d. Where conflict arises over delineation. Where the applicant has provided a site-specific delineation of the CRPA, the administrative authority will verify the accuracy of the boundary delineation. In determining the site-specific CRPA boundary, the administrative authority may render adjustments to the applicant's boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the applicant may seek an exception or variance, in accordance with the provisions of this chapter. (2) Land/resource management area (LRMA). The land/resource management area (LRMA) shall include all areas of the county not designated as a critical resource protection area (CRPA). (c) Use regulations. Permitted uses, special permit uses, accessory uses, and special requirements shall be as established by the underlying zoning district, unless specifically modified by the requirements set forth herein.

(d) Lot size. Lot size shall be subject to the requirements of the underlying zoning district(s), provided that any lot shall have sufficient buildable area outside the CRPA to accommodate an intended development, when such development is not otherwise allowed in the CRPA. (e) Conflict with other regulations. In any case where the requirements of this overlay district conflict with any other provision of this chapter or the Stafford County Code, whichever imposes the more stringent restrictions shall apply. (f) Development conditions. (1) Land development in critical resource protection areas may be allowed only when permitted by the administrator and if it is: (a) Water-dependent and satisfies the conditions of subdivision 1 of this subsection; 1. A new or expanded water dependent facility may be allowed provided that the following criteria are met: a. It does not conflict with the comprehensive plan; b. It complies with the performance criteria set forth in section (g) of this article; c. Any nonwater-dependent component is located outside of the CRPA; and d. Access to the water-dependent facility will be provided with the minimum disturbance necessary. Where practicable, a single point of access will be provided. (b) Constitutes redevelopment and satisfies the conditions of subdivision 1 of this subsection; 1. Redevelopment on isolated redevelopment sites shall be permitted only if there is no increase in the amount of impervious cover and no further encroachment within the CRPA and it shall conform to chapter 11 (Erosion and Sediment Control) of this Code, and chapter 21.5 (Stormwater Management) of this Code. (c) A new use subject to the provisions of section 28-62(g)(2) of this article; (d) A road or driveway crossing satisfying the conditions set forth insubdivision 1 of this subsection; 1. Roads and driveways not exempt under subsection 28-62(j) and which, therefore, must comply with the provisions of this article, may be constructed in or across CRPAs if each of the following conditions are met: a. The administrator makes a finding that there are no reasonable alternatives to aligning the road or drive in or across the CRPA; b. The alignment and design of the road or driveway are optimized, consistent with other applicable requirements, to minimize encroachment in the CRPA and minimize adverse effects on water quality. c. The design and construction of the road or driveway satisfy all applicable criteria of this article; d. The administrator reviews the plan for the road or driveway proposed in or across the CRPA in coordination with the plan of development requirements as required under subsection 28-62(h) or in accordance with the subdivision ordinance. (e) A flood control or stormwater management facility satisfying the conditions set forth in subdivision 1 of this subsection. 1. Flood control or stormwater management facilities that drain or treat water from multiple development projects or from a significant portion of the watershed may be allowed in the CRPA provided that: (a) The local government has conclusively established that the proposed location of the facility is the optimum location; (b) The size of the facility is the minimum necessary to provide necessary flood control, stormwater treatment both; (c) The facility must be identified in U.S. Army Corps of Engineers permit number 97-1212-45 or be consistent with a stormwater management program that has been approved by the Chesapeake Bay local assistance board as a phase one modification; (d) All applicable permits for construction in state or federal waters must be obtained from the appropriate state and federal agencies such as the U.S. Army Corps of Engineers, the Virginia Marine Resources Commission, and the Virginia Department of Environmental Quality; (e) Approval must be received from the local government prior to construction; and (f) Routine maintenance is allowed to be performed on such facilities to assure that they continue to function as designed.

2. It is not the intent of this subsection to allow a best management practice that collects and treats runoff from only an individual lot or some portion of the lot to be located in the CRPA. 3. Stormwater management facilities that do not meet all of the above criteria shall not be allowed in the CRPA unless a variance has been granted in accordance with the requirements of subsection 28-62(l). (f) A water quality impact assessment as outlined in this chapter shall be required for any proposed land disturbance, development, or redevelopment within the CRPA. (g) General performance criteria. (1) General performance criteria for development in Chesapeake Bay Preservation Areas (CBPAs). a. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. 1. The limits of land disturbance, including limits of clearing or grading shall be strictly defined by the approved site plan, construction plan or individual site location plan for a parcel. The limits shall be clearly shown on all plans submitted and land disturbance shall not occur within five (5) feet of the dripline of any strand [stand] of trees to be preserved. The construction footprint shall not exceed the limits for such as designated by the zoning district of the lot or parcel. 2. Ingress and egress during construction shall be limited to approved access points. b. Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the proposed use or development. 1. Existing trees over two (2) inches diameter at breast height (DBH) outside the limits of land disturbance shall be preserved in accordance with the approved site plan, construction plan or individual site location plan for a parcel. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed. 2. Site clearing for construction activities shall be allowed as approved by the administrator through the plan of development review process outlined under subsection 28-62(h) of this article. Prior to clearing and grading, suitable protective barriers, like safety fencing, shall be erected 5 feet outside the dripline of any tree or around any stand of trees to be preserved. Protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier. c. Land development shall minimize impervious cover to promote infiltration of stormwater into the ground consistent with the proposed use or development. 1. Parking areas proposed in the CRPA, the floodway district, theflood-fringe district or the floodplain district shall, to the greatest extent practical, use pervious materials, such as gravel or porous pavement. 2. (Reserved.) d. Notwithstanding any other provisions of this chapter or waivers or exemptions thereto, any land disturbing activity exceeding two thousand five hundred (2,500) square feet, including construction of all single-family houses, septic tanks, and drainfields, shall comply with the requirements of chapter 11 of this Code. e. All development and redevelopment in a CBPA exceeding two thousand five hundred (2,500) square feet of land disturbance shall be subject to a plan of development process, including the approval of a site plan in accordance with the provisions of this chapter, or a subdivision plan in accordance with the subdivision ordinance, or an erosion and sedimentation (E&S) plan in accordance with the E&S control ordinance. f. All on-site sewage disposal systems not requiring a Virginia PollutionDischarge Elimination System (VPDES) permit shall be pumped out at least once every five (5) years, in accordance with the provisions of the state health code. g. A reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided, in accordance with the state health code. This requirement shall not apply to any lot or parcel recorded prior to October 1, 1989. If a parcel was platted on or before August 1, 1991, the parcel shall be required to provide the reserve sewage disposal site the greatest extent practical, as determined by the local health department. Building or construction of impervious surface shall be prohibited on the area of all sewage disposal sites or

on an on-site sewage treatment system which operates under a permit issued by the appropriate state agency, until the structure is served by public sewer. h. An approved plan of development and all federal and state wetlands permits are required prior to initiating clearing, grading, or other on-site activities on any portion of a lot or parcel. Evidence of above stated permits must be provided to the administrator upon request. i. Land upon which agricultural activities are being conducted shall undergo a soil and water quality conservation assessment. Such assessment shall evaluate the effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient management and management of pesticides, and where necessary, results in a plan that outlines additional practices needed to ensure that water quality protection is accomplished consistent with this article. j. For any use or development, stormwater runoff shall be controlled by the use of water quality best management practices consistent with the water quality criteria of chapter 21.5 (Stormwater Management) of this Code. (2) CRPA buffer area requirements. a. To minimize the adverse effects of human activities on the other components of CRPAs, state waters, and aquatic life, a minimum one-hundred-foot buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be retained if present and established where it does not exist for development. b. Agricultural buffer areas shall be established on or before the fall 1992 growing season. c. When replanting is required to establish a buffer, a combination of trees, groundcover, and shrubs with a demonstrated ability to improve water quality shall meet the intent of the buffer area. d. The buffer area shall be located adjacent to and landward of other CRPA components and along both sides of any water body with perennial flow. The full buffer shall be designated as the landward component of the CRPA, in accordance with subsections 62(b) and (h). e. The one-hundred-foot forested buffer area shall be deemed to achieve a seventy five (75) percent reduction of sediments and a forty-percent reductionof nutrients. f. The CRPA buffer area shall be maintained pursuant to the following performance standards: 1. Indigenous vegetation may be removed subject to approval by the administrator, only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices including those that prevent upland erosion and concentrated flows of stormwater, as follows: (a) Trees may be pruned or removed as necessary to provide for sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint-source pollution from runoff. (b) Any pathways shall be designed and constructed so as to effectively control erosion. (c) Dead, diseased, or dying trees or shrubbery may be removed subject to approval by the administrator and pursuant to approved horticultural practices. (d) For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements. 2. When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, the administrator may, through an administrative process permit encroachments into the buffer area after consideration of subsections 28-62(h) and (i), and in accordance with the following criteria: (a) Encroachments into the buffer areas shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities; and (b) Where practicable, a vegetated area that will maximize water quality protection, mitigate the effects of the buffer encroachment, and is equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel. (c) The encroachment shall not extend into the seaward fifty (50) feet of the buffer area. 3. When the application of the buffer area would result in the loss of buildable area on a lot or parcel recorded between October 1, 1989, and December 2, 2003, encroachments into the

buffer area may be allowed through an administrative process in accordance with the following criteria: a. The lot or parcel was created as a result of a legal process conducted in conformity with the local government's subdivision regulations; b. Conditions or mitigation measures imposed through a previously accepted exception shall be met; c. If the use of a best management practice (BMP) was previously required, the BMP shall be evaluated to determine if it continues to function effectively and, if necessary, the BMP shall be re-established or repaired and maintained as required; and d. The criteria in subdivision (2) of this section must be met. 4. On agricultural lands, the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area and noxious weeds from invading the buffer area. Agricultural activities may encroach into the buffer area as follows: (a) Agricultural activities may encroach into the landward fifty (50) feet of the one-hundred-foot wide buffer area when at least one agricultural best management practice which, in the opinion of the local soil and water conservation district board, addresses the more predominant water quality issue on the adjacent land--erosion control or nutrient management--is being implemented on the adjacent land, provided that the combination of the undisturbed buffer area and the best management practice achieves water quality protection, pollutant removal, and water resource conservation at least the equivalent of the one-hundred-foot wide buffer area. If nutrient management is identified as the predominant water quality issue, a nutrient management plan, including soil tests, must be developed consistent with the Virginia Nutrient Training and Certification Requirements administered by the Virginia Department of Conservation and Recreation. (b) Agricultural activities may encroach within the landward seventy-five (75) feet of the one-hundred-foot-wide buffer when agricultural best management practices which address erosion control, nutrient management, and pest chemical control are being implemented on the adjacent land. The erosion control practices must prevent erosion from exceeding the soil loss tolerance level, referred to as "T", as defined in the National Soil Survey Handbook of November, 1996 in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resource Conservation Service. A nutrient management plan, including soil tests, must be developed, consistent with the Virginia Nutrient Management Training and Certification Requirements administered by the VA DCR. In conjunction with the remaining buffer area, this collection of BMPs shall be presumed to achieve water quality protection at least the equivalent of that provided by the one-hundred-foot buffer area. (c) The buffer area is not required for agricultural drainage ditches if the adjacent agricultural land has in place best management practices in accordance with a conservation plan approved by the local soil and water conservation district. (5) Where land uses such as agriculture or silviculture within the area of the buffer cease and the lands are proposed to be converted to other uses, the full 100-foot buffer shall be reestablished. In reestablishing the buffer, management measures shall be undertaken to provide woody vegetation that assures the buffer functions set forth in this chapter. (6) Subsequent to the issuance of a building permit and prior to the issuance of an occupancy permit for the construction of a new single-family dwelling, duplex or townhouse on any residential lot or parcel, a sign shall be installed by the owner, builder or developer identifying the landward limits of the CRPA (critical resource protection area). Such signs shall conform to the Critical Resource Protection Area (CRPA) Signage Policy and shall be installed at the expense of the owner, builder or developer in accordance with the Critical Resource Protection Area (CRPA) Signage Policy. (h) Plan of development process. (1) Required information. In addition to the requirements specified in Chapters 11 and 22 of the Stafford County Code, the plan of development process for CBPAs shall consist of the plans and studies identified below. These required plans and studies may be coordinated or combined, as deemed appropriate by the administrative authority. The administrative authority may determine that some of the following information is unnecessary due to the location, scope, or nature of the proposed development.

The following plans or studies shall be submitted, unless otherwise provided for: a. A plan of development in accordance with the provisions of this chapter or chapter 22 of this Code; b. An environmental site assessment; c. A landscaping element; d. A stormwater management plan in accordance with chapter 21.5 of this Code; e. An erosion and sediment control plan in accordance with the provisions of chapter 11 of this Code; f. Individual CRPA site location plan. (2) Environmental site assessment. An environmental site assessment shall be submitted in conjunction with any plan of development. The administrator may waive the requirement for an environmental site assessment, in accordance with subsection 28-62(b)(1)(c). a. The environmental site assessment shall be drawn to scale and clearly delineate the following environmental features: 1. Tidal wetlands; 2. Tidal shores; 3. Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; 4. Water bodies with perennial flow; 5. A one-hundred-foot buffer area located adjacent to and landward of the components listed in paragraphs 1. through 4. above. b. Wetlands delineations shall be performed consistent with the procedures specified by the U.S. Army Corps of Engineers. c. The environmental site assessment shall delineate the site-specific geographic extent of the CRPA. d. The environmental site assessment shall be drawn at the same scale as the plan of development, and shall be certified as complete and accurate by professionals practicing in their field of competence. (3) Landscaping element. A landscaping element shall be included in conjunction with site plan approval. No clearing or grading of any lot or parcel shall be permitted without approved plans. Plans depicting landscaping elements shall be prepared or certified by design professionals practicing within their areas of competence. a. Contents of the landscaping element. 1. The landscaping element shall be drawn to scale and generally show the location and description of existing and proposed plant material. Where there are groups of trees, stands may be outlined instead. Trees to be removed within the limits of clearing and grading shall be clearly delineated. 2. Any required buffer area shall be clearly delineated and any plant material to be added to establish or supplement the buffer area, as required by this chapter, shall be shown. 3. Within the buffer area, vegetation to be removed for sight lines, vistas, access paths, and best management practices, as provided for in this chapter, shall be shown. Vegetation required by this chapter to replace any existing vegetation within the buffer area shall also be shown. 4. Vegetation to be removed for shoreline stabilization projects and any replacement vegetation required by this chapter shall be shown. 5. The landscaping element shall depict grade changes or other work adjacent to trees which would affect them adversely. Specifications shall be provided as to how grade, drainage, and aeration would be maintained around trees to be preserved. 6. The landscaping element shall include specifications for the protection of existing trees during clearing, grading, and all phases of construction. b. Plant specifications. 1. All plant materials necessary to supplement the buffer area shall be installed according to standard planting practices and procedures. 2. All supplementary or replacement plant materials shall be living and in a healthy condition. Plant materials shall conform to the standards of the most recent edition of the American Standard for Nursery Stock, published by the American Association of Nurserymen.

3. Where areas to be preserved within the CRPAs and mitigation areas, as designated on an approved site plan or individual site location plan for a parcel, are encroached, replacement of existing trees over six (6) inches DBH will be achieved at a ratio of three (3) planted trees to one removed. Replacement trees shall be a minimum three and one-half (3.5) inches DBH at the time of planting. c. Maintenance. 1. The property owner shall be responsible for the maintenance and replacement of all vegetation as may be required by the provisions of this chapter. 2. In buffer and/or mitigation areas, required by a site plan or individual site location plan, plant material shall be tended and maintained healthy growing condition and free from refuse and debris. Diseased plant materials shall be replaced during the next planting season, as required by the provisions of this chapter. (4) Stormwater management plan. A stormwater management plan shall be submitted as part of the plan of development process required by this chapterand in conjunction with plan approval. The contents of the plan shall be in accordance with the requirements of chapter 21.5 of this Code. (5) CRPA individual site location plan. A CRPA individual site location plan shall be required for all land disturbing activities located in the CRPA. This plan shall be submitted in conjunction with an application for a single-family residential building permit, grading permit or plan submitted in compliance with chapter 11 of this Code. This requirement shall not apply to those lots associated with an approved site plan or subdivision plan that meets the requirements of this chapter. The CRPA individual site location plan shallclearly delineate the CRPA and any proposed mitigation measures. The administrative authority shall review the CRPA individual site location plan and determine whether the encroachment is warranted The administrative authority may approve, modify on deny the plan. (6) Final plans of development. Final plans of development for all lands within CBPAs shall include the following additional information: a. The site-specific delineation of the critical resource protection area boundary; b. The site-specific delineation of required buffer areas of the CRPA; c. All wetlands permits required by law; d. A BMP maintenance agreement in accordance with chapter 21.5 of this Code. (7) Installation and security requirements. a. Where buffer areas, landscaping, stormwater management facilities or other specifications of an approved plan are required, no certificate of occupancy shall be issued until the installation of required plant materials or facilities is completed, in accordance with the approved site plan. b. When the occupancy of a structure is desired prior to the completion of the required landscaping, stormwater management facilities, or other specifications of an approved plan, a certificate of occupancy may be issued only if the applicant provides to the administrative authority security in a form and amount which is in accordance with the Stafford County Security Policy. (i) Water quality impact assessment. (1) Purpose and intent. The purpose of the water quality impact assessment is to (i) identify the impacts of proposed land disturbance, development or redevelopment on water quality and lands within CBPAs; (ii) provide for administrative relief from the terms of this chapter when warranted and in accordance with the requirements contained herein; and (iii) specify mitigation which will address water quality protection. (2) When required. A water quality impact assessment is required for: (a) Any proposed land disturbance, development, or redevelopment within a CRPA, including any buffer area encroachment; (b) Any land disturbance, development, or redevelopment in an LRMA as deemed necessary by the administrative authority due to the unique characteristics of the site or intensity of the proposed development. The administrative authority when requested by the applicant proposing to construct a single-family residence in the CRPA shall perform a water quality impact assessment. (c) The water quality impact assessment shall not be required prior to submission of a site plan or application for a single-family residence building permit.

(d) There shall be two (2) levels of water quality impact assessments: A minor assessment and a major assessment. (3) Minor water quality impact assessment. A minor water quality impact assessment pertains only to land disturbance, development, or redevelopmentwithin CRPAs which causes no more than five thousand (5,000) square feet of land disturbance and requires any encroachment into the landward fifty (50) feet of the one hundred-foot buffer area. A minor assessment must demonstrate through acceptable calculations that the remaining buffer and necessary best management practices will result in removal of no less than seventy-five (75) percent of sediments and forty (40) percent of nutrients from post development stormwater runoff. A minor assessment shall include a site drawing to scale which shows the following: a. Location of the components of the CRPA, including the one hundred-foot buffer area; b. Location and nature of the proposed encroachment into the buffer area, including: Type of paving material; areas of clearing or grading; location of any structures, drives, or other impervious cover; and sewage disposal systems or reserve drainfield sites. c. Type and location of proposed best management practices to mitigate the proposed encroachment. d. Location of existing vegetation onsite, including the number and type of trees and other vegetation to be removed in the buffer to accommodate the encroachment or modification. e. A revegetation plan that supplements the existing buffer vegetation in a manner that provides for pollutant removal, erosion, and runoff control. (4) Major water quality impact assessment. A major water quality impact assessment shall be required for any land disturbance, development, or redevelopment which exceeds five thousand (5,000) square feet of land disturbance within CRPAs and requires any encroachment into the landward fifty (50) feet of the one-hundred-foot buffer area, or disturbs any portion of the seaward fifty (50) feet of the one-hundred-foot buffer area or any other components of an CRPA, or is located in an LRMA and is deemed necessary by the administrative authority. The information required in this section shall be considered a minimum, unless the administrative authority determines that some of the elements are unnecessary due to the scope and nature of the proposed use and development of land. A water quality impact assessment shall not be required for commercial or industrial uses that disturb less than twenty thousand (20,000) square feet of land or individual single-family lots, located within the LRMA and outside the CRPA. The following elements shall be included in the preparation and submission of a major water quality assessment: a. All of the information required in a minor water quality impact statement, as specified in section 28-62(i)(3); b. A hydrogeological element which shall: 1. Describe the existing topography, soils, hydrology and geology of the site and adjacent lands. 2. Describe the impacts of the proposed development on topography, soils, hydrology and geology on the site and adjacent lands. 3. Indicate the following: (a) Disturbance or destruction of wetlands in CRPAs and justification for such action; (b) Disruptions or reductions in the supply of water to wetlands, streams, lakes, rivers or other water bodies; (c) Disruptions to existing hydrology including wetland and stream circulation patterns; (d) Description of proposed fill material; (e) Location of dredge material and location of dumping area for such material; (f) Estimation of pre- and post-development pollutant loads in runoff; (g Estimation of pre- and post-development pollutant loads in runoff; (h) Estimation of percent increase in impervious surface on site and types of surfacing materials used; (i) Percent of site to be cleared for project; (j) Anticipated duration and phasing schedule of construction project; (k) Listing of all requisite permits from all applicable agencies necessary to develop project. (l) Descriptions of the proposed mitigation measures for the potential hydrogeological impacts. Potential mitigation measures may include, but are not limited to:

i. Proposed erosion and sediment control concepts. Concepts may include minimizing the extent of the cleared area, perimeter controls, reduction of runoff velocities, measures to stabilize disturbed areas, schedule and personnel for site inspection; ii. Proposed stormwater management system; and iii. Minimizing excavation and fill. c. A landscape element for areas within CBPAs that: 1. Identifies the general location of all significant plant material on site. Where there are groups of trees, stands may be outlined. 2. Describes the impacts the development or use will have on the existing vegetation. Information should include: (a) General limits of clearing, based on all anticipated improvements, including buildings, drives, and utilities; (b) Clear delineation of all trees which will be removed; (c) General description of plant material to be disturbed or removed. 3. Describes the potential measures for mitigation. Possible mitigation measures which may include, but are not limited to: (a) Replanting schedule for vegetation removed for construction, including a list of possible planting materials to be used; (b) Demonstration that the design of the plan will preserve to the greatest extent possible any significant vegetation on the site; (c) Demonstration that indigenous plants are to be used to the greatest extent possible. d. A wastewater element, where applicable, that: 1. Includes calculations and locations of anticipated drainfield or wastewater irrigation areas; 2. Provides justification for sewer line locations in CBPAs, where applicable, and describes construction techniques and standards; 3. Discusses any proposed on-site collection and treatment systems, their treatment levels, and impacts on receiving watercourses; 4. Describes the potential impacts of the proposed wastewater systems, including the proposed mitigative measures for these impacts. e. Identification of the existing characteristics and conditions of sensitive lands included as components of CRPAs, as defined in this chapter. f. A general identification of the natural processes and ecological relationships inherent in the site, and an assessment of the impact of the proposed use and development of land on these processes and relationships. (5) Submission and review requirements. a. Five (5) copies of all site drawings and other applicable information as required by subsections (c) and (d) above shall be submitted to the administrative authority for review. b. All information required in this section shall be certified as complete and accurate by a professional practicing in his field of competence. c. A major or minor water quality impact assessment shall be prepared and submitted to and reviewed by the administrative authority in conjunction with plan submission. d. As part of any major water quality impact assessment submittal, the administrative authority may require review by the Chesapeake Bay Local Assistance Department (CBLAD). Upon receipt of a major water quality impact assessment, the administrative authority will determine if such review is warranted and may request CBLAD to review the assessment and respond with written comments. Comments by CBLAD will be incorporated into the final review by the administrative authority, provided that such comments are provided by CBLAD within ninety (90) days of the request. (6) Evaluation procedure. a. Upon the completed review of a minor water quality impact assessment, the administrative authority will determine if any proposed modification or reduction to the buffer area is consistent with the provisions of this chapter and make a finding based upon the following criteria: 1. The justification for the proposed encroachment and the ability to place improvements elsewhere on the site to avoid disturbance of the buffer area; 2. Minimization of impervious surface;

3. The extent to which proposed best management practices achieve the requisite reductions in pollutant loadings; 4. The extent which the development proposal meets the purpose and intent of this chapter; 5. The cumulative impacts (degradation) on water quality of the proposed development, when considered in relation to other existing and proposed development in the vicinity. b. Upon the completed review of a major water quality impact assessment, the administrative authority will determine if the proposed development is consistent with the purpose and intent of this chapter and make a finding based upon the following criteria: 1. Within any CRPA, the proposed development is water-dependent; 2. The disturbance of any wetlands in CRPAs will be minimized; 3. The development will not result in significant disruption of the hydrology of the site; 4. The development will not result in significant degradation to aquatic vegetation or life; 5. The development will not result in unnecessary destruction of plant materials on site; 6. Proposed erosion and sediment control concepts are adequate to achieve the reductions in erosion and prevent off-site sedimentation; 7. Proposed stormwater management concepts are adequate to control the stormwater runoff to achieve water quality control in accordance with chapter 21.5 of this Code; 8. Proposed revegetation of disturbed areas will provide adequate erosion and sediment control benefits; 9. The design and location of any proposed drainfield will be in accordance with the requirements of this chapter; 10. The development, as proposed, is consistent with the purpose and intent of this chapter; 11. The cumulative impact of the proposed development, when considered in relation to other development in the vicinity, both existing and proposed, will not result in a significant degradation of water quality. c. The administrative authority shall require additional information where it is determined potential impacts have not been adequately addressed and may require additional mitigation measures based on the criteria listed above in subsections b.(1) and b.(2). d. The administrative authority shall find the proposal to be inconsistent with the purpose and intent of this chapter when the impacts created by the proposal cannot be mitigated. Evaluation of the impacts will be made by the administrative authority based on the criteria listed above in subsections a. and b. (j) Nonconforming uses and noncomplying structures. (1) The administrator may permit the continued use, but not necessarily the expansion, of any structure in existence on May 21, 1991, the date of local program adoption. The administrator may waive or modify the criteria of this part through an administrative review process for structures on legal nonconforming lots or parcels provided that: (a) There will be no net increase in nonpoint-source pollution load; and (b) Any development or land disturbance exceeding an area of two thousand five hundred (2,500) square feet complies with all erosion and sediment control requirements. (c) An application for a nonconforming use and/or waiver shall be made to and upon forms furnished by the administrator and shall include for the purpose of proper enforcement of this section, the following information: (1) Name and address of applicant and property owner; (2) Legal description of property and type of proposed use and development; (3) A sketch of the dimensions of the lot or parcel, location of buildings and proposed additions relative to the lot lines, and boundary of the CRPA; (4) Location and description of any existing private water supply or sewage system. (d) A nonconforming use and development waiver shall become null and void twelve (12) months from the date issued if no substantial work has commenced. (e) An application for the expansion of a legal principal nonconforming structure may be approved by the administrator through an administrative review process provided the following findings are made: (1) The request for the waiver is the minimum necessary to afford relief; (2) Granting the waiver will not confer upon the applicant any specific privileges that are denied by this article to other property owners in similar situation;

(3) The waiver is in harmony with the purpose and intent of this article and does not result in water-quality degradation; (4) The waiver is not based on conditions or circumstances that are self-created or self-imposed; (5) Reasonable and appropriate conditions are imposed, as warranted, that will prevent the waiver from causing a degradation of water quality; (6) Other findings as appropriate and required by the county are met; and (7) In no case shall this provision apply to accessory structures. (2) This chapter shall not be construed to prevent the reconstruction of preexisting structures within CBPA areas occurring as a result of casualty loss unless otherwise restricted by other ordinances. (k) Exemptions. (1) Construction, installation, operation, and maintenance of electric, natural gas, fiber optic, telephone transmission lines, railroads and public roads and their appurtenant structures in accordance with (a) regulations promulgated pursuant to the Erosion and Sediment Control Law (§ 10.1-560 et seq. of the Code of Virginia), and the Stormwater Management Act (§ 10.1-603.1 et seq. of the Code of Virginia), (b) an erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Conservation and Recreation, or (c) local water quality protection criteria at least as stringent as the above state requirements will be deemed to constitute compliance with this chapter. The exemption of public roads is further conditioned by the following: (a) Optimization of the road alignment and design, consistent with other applicable requirements, to prevent or otherwise minimize: (1) Encroachment into the critical resource protection area; and (2) Adverse effects on water quality. (b) All public roads shall be exempt from the requirements of this chapter as long as it is determined that there is no other reasonable alternative to locating the road in or through the CRPA and they meet the criteria listed above. (2) Exemptions for local utilities and other service lines. Construction, installation, and maintenance of water, sewer, and local natural gas lines, underground telecommunications lines, and cable television lines owned or permitted by a local government or regional service authority shall be exempt from these overlay district requirements provided that: a. To the degree possible, the location of such utilities and facilities shall be outside CRPAs; b. No more land shall be disturbed than is necessary to provide for the proposed utility or facility installation; c. All construction, installation, and maintenance of such utilities and facilities shall be in compliance with all applicable state and federal requirements and permits and designed and conducted in a manner that protects water quality; and d. Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet complies with all county erosion and sediment control requirements. (3) Exemptions for silviculture activities. Silviculture activities are exempt from this chapter provided that silvicultural operations adhere to water quality protection procedures prescribed by the Virginia Department of Forestry in the January 1997 edition of "Virginia Forestry Best Management Practices for Water Quality". The department of forestry will oversee and document installation of best management practices and will monitor in-stream impacts of forestry operations in Chesapeake Bay preservation areas. (4) Exemptions in critical resource protection areas. The following land disturbances in CRPAs shall be exempted from these overlay district requirements; a. Water wells; b. Passive recreation facilities such as boardwalks, trails, and pathways; and c. Historic preservation and archaeological activities, provided that it is demonstrated that: 1. Any required permits, except those to which this exemption specifically applies, have been issued; 2. The applicant submits sufficient and reasonable evidence to the administrative authority showing that the intended use will not deteriorate water quality; 3. The intended use does not conflict with nearby planned or approved uses; and

4. Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet shall comply with all county erosion and sediment control requirements. (5) Exemptions for usual and customary activities in CBPAs. The following activities shall be exempted from these overlay district requirements: a. Lawn maintenance, including grass cutting; b. Home gardening; c. General woodlot management; d. Maintenance of lawfully permitted bulkheads, piers, riprap, and other shoreline stabilization structures; e. Maintenance of drives, walks, and other access ways; and f. Other similar activities. (l) Variances. (1) A request for a variance to the requirements of subsections 28-62(f) and (g)(2) shall be made in writing to the board of zoning appeals. It shall identify the impacts of the proposed exception on water quality and on lands within the critical resource protection area through the performance of a water quality impact assessment which complies with the provisions of subsection 28-62(i) (2) The county shall notify the affected public of any such variance requests and shall consider these requests in a public hearing in accordance with § 15.2-2204 of the Code of Virginia, except that only one hearing shall be required. (3) The board of zoning appeals shall review the request for a variance and the water quality impact assessment and may grant the variance with such conditions and safeguards as deemed necessary to further the purpose and intent of this article if the board of zoning appeals finds: (a) Granting the variance will not confer upon the application any special privileges denied by this Article to other property owners in the overlay district; (b) The variance request is not based on conditions or circumstances that are self-created or self-imposed, nor does the request arise from conditions or circumstances either permitted or non-conforming that are related to adjacent parcels; (c) The variance request is the minimum necessary to afford relief; (d) The variance request will be in harmony with the purpose and intent of the overlay district, not injurious to the neighborhood or otherwise detrimental to the public welfare, and is not of substantial detriment to water quality; and (e) Reasonable and appropriate conditions are imposed which will prevent the variance request from causing a degradation of water quality. (4) If the board of zoning appeals cannot make the required findings or denies the variance, the board of zoning appeals shall return the request for a variance together with the water quality impact assessment and the written findings and rationale for the decision to the applicant. (5) A request for a variance to the requirements of provisions of this article other than subsections 28-62(f) and (g)(2) shall be made in writing to the administrator. The administrator may grant these variances provided that: a. Variances of the requirements are the minimum necessary to afford relief; and b. Reasonable and appropriate conditions are placed upon any variance that is granted, as necessary, so that the purpose and intent of this article is preserved. c. Variances to the provisions of [subsection] 28-62(g)(1) may be granted provided that the findings noted under [subsections] 28-62(l)(3)(a--e) are made. (m) Penalties. In addition to the penalties identified in article XVII of this chapter, for any land disturbing activity in a CRPA that occurs without an approved county plan or in violation of an approved county plan, the violator shall be subject to mitigation. Such mitigation shall be by replacement of all vegetation removed at a rate of two (2) plantings for every plant removed, unless the administrative authority determines that fewer plantings are required to meet the same pollutant removal levels that existed prior to the violation. All vegetation to be used for mitigation shall be approved by the administrative authority. (Ord. No. 094-29, § 28-412, 8-9-94; Ord. No. 095-54, 7-18-95; Ord. No. 001-81, 11-20-01; Ord. No. 003-07, 12-2-03; Ord. No. O08-56, 9-16-08)

Sec. 28-63. Military Facility Impact Overlay District (MZ). (a) Purpose and intent. Stafford County wishes to recognize the existence of the Marine Corps Combat Development Command (MCCDC) at Quantico and other military facilities in the region. The county further recognizes the positive impact of these facilities on the local community, both socially and economically, and wishes to protect the integrity of these facilities as valuable resources in the community. Therefore, the purposes of the Miliary [Facility] Impact Overlay (MZ) District are: (1) To ensure that prospective buyers of real estate in the vicinity of miliary facilities, such as Quantico and Fort A. P. Hill, are aware of the presence of the bases, their operations, and the potential impacts that they may have upon noise-sensitive land uses; and (2) To protect the integrity of the operations and continued existence of these military facilities by establishing and delineating a geographic area which is subject to noise and shock tremors caused by activities related to the normal operations of such facilities, such as low-level aircraft runs, bombing, or artillery practice. It is the intent of the county that, by designating these areas as separate zoning districts, prospective buyers of property which is located in the MZ district will have advance knowledge of the existence and impacts of the military facilities, before completing the purchase of the property, thus minimizing complaints regarding base operations. (b) Designation of district. Areas of the county which are to be included in the Military [Facility] Impact Overlay (MZ) District shall be designated by separate ordinance by the board of supervisors, pursuant to Article XII of this chapter. All parcels and lots which are located within the MZ district shall be so designated on the official zoning map(s) of Stafford County, along with the underlying zoning designation. (Ord. No. 094-29, § 28-413, 8-9-94)

Sec. 28-64. Airport impact overlay district (AD). (a) Purposes of the AD. The AD overlay district is established in furtherance of the purpose set forth in section 15.2-2294, Code of Virginia 1950, as amended, and in general to regulate and restrict the height of structures and objects or natural growth, and otherwise regulate the use of property in the vicinity of general aviation airports in the County of Stafford by creating appropriate zones and establishing boundaries thereof. It is further the intent of this chapter to regulate potential obstructions of any airport zone. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the airports and residents in the County of Stafford; and that an obstruction may reduce the size of areas available for landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airports and the public investment therein. Accordingly, it is stated: (1) That it is necessary in the interest of the public health, safety or general welfare that the creation or establishment of obstructions that are hazards to air navigation be prevented; (2) That the creation or establishment of an obstruction has the potential for being a public nuisance and may damage the area served by the airports; (3) That the County of Stafford derives economic development and enhanced interstate commerce from airports within the county, when such airports and their surrounding vicinity are held strictly to the highest possible safety standards. (b) Establishment of districts. The airport impact overlay district (AD) shall be designated by the board of supervisors by Ordinance No. O03-45 and shall overlay all other zoning districts where it is applied so that any parcel of land lying in an AD shall also lie within one or more other land use districts provided for by this chapter. The regulations and requirements of both the underlying district(s) and the AD shall apply; provided, however, that when the regulations applicable to the AD conflict with the regulations of the underlying district, the more-restrictive regulations shall apply. (c) District boundaries. (1) AD boundaries shall be as designated on the official zoning map, as ordained by Ordinance No. O03-45.

(2) The source and specific geometric design standards for these zones are to be found in part[s] 77.25, 77.28, and 77.29, subchapter E (Airspace), of title 14 of the Code of Federal Regulations, or in successor federal regulations. (3) The district boundaries shall be described as follows: a. Airport zone. An area that is centered about the runway and primary surface, with the floor set by the horizontal surface. b. Approach zone. The inner edge approach zone coincides with the width of the primary surface and begins two hundred (200) feet from each runway. The south approach zone slopes fifty (50) feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline. The north approach zone slopes thirty four and one tenth (34.1) feet outward from each one foot upward, beginning at the end of and at the same elevation of the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline. The inner dimension is one thousand (1,000) feet and the outer dimension is four thousand (4,000) feet. c. Conical zone. The area that commences at the periphery of the horizontal zone and extends outward there from for a distance of four thousand (4,000) feet. d. Horizontal zone. The area that is established by swinging arcs of ten thousand (10,000) feet radii from the center of the end of the primary surface of an airport runway and connecting adjacent arcs by drawing lines tangent to those areas. The horizontal zone does not include the approach and transitional zones. e. Runway clear zone. The area that begins at the end of the primary surface on the runway ends and extends, with the width of each approach surface defined in part 77.25D, subchapter E (Airspace), of title [14] of the Code of Federal Regulations, or in successor federal regulations. The clear zone on the north end of the runway is one thousand (1,000) feet wide where it connects to the primary surface and one thousand five hundred (1,500) feet wide at its northern edge and it extends south/north one thousand seven hundred (1,700) feet. The clear zone on the south end of the runway is one thousand (1,000) feet wide where it connects to the primary surface and one thousand seven hundred fifty (1,750) feet wide at its southern boundary and it extends north/south two thousand five hundred (2,500) feet. f. Transitional zone. The area that fans away perpendicular to any airport runway centerline and approach surfaces, with the floor elevation set by the transitional surfaces. (d) Development standards. All uses shall be subject to the use limitations and development standards set forth in the underlying land use district(s) and, in addition, shall be subject to the following AD limitations: (1) Within the area below the horizontal limits of any zone established by this section, no use may be made of land or water in such a manner as to: a. Create electrical interference with navigational signals or radio communication between the airport and aircraft; b. Diminish the ability of pilots to distinguish between airport lights and other lights; c. Result in glare in the eyes of pilots using the airport; d. Impair visibility in the vicinity of the airport; e. Create the potential for bird strike hazards; or f. Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft in the vicinity of and intending to use the airport. (2) Except as provided elsewhere in this chapter, in any AD district, no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface (also known as the floor) at any point of any zone provided for in section 28-64(c)(3). (3) The height restrictions (known as floors) for the individual zones shall be those planes delineated as surfaces in part[s] 77.25, 77.28 and 77.29, subchapter E (Airspace), of title 14 of the Code of Federal Regulations, or in successor federal regulations where those elevations when applied to individual properties restrict height of buildings or structures below the maximum height permitted in the underlying district.

(4) In addition to the provisions as specified in subsection 28-182(b), an application for a zoning permit shall contain sufficient geometric specificity for determination by the zoning administrator or his designee that the application meets the provisions of this chapter. (5) Notwithstanding section 28-273, the owner of any existing nonconforming structure or vegetation is required to permit the installation, operation and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, zoning administrator or his designee to indicate to the operators of aircraft, the presence of that airport obstruction. These markers and lights shall be installed, operated and maintained at the expense of the airport owners. (Ord. No. 003-45, 7-1-03)

Sec. 28-65. Historic Gateway Corridor Overlay District (HG). (a) Purpose and intent of the HG. The Historic Gateway Corridor Overlay District (HG) is intended to implement the comprehensive plan's goal of protecting cultural resources by guiding new development along the major entrance routes to the designated areas. Historical, archaeological, cultural, and scenic resources throughout the county are accessed by major highways and streets that have a visual and physical impact on these areas that are significant to Stafford County's past, present, and future. The district is created to ensure the continued role of these significant resources while enhancing the physical areas that surround them that are viewed by tourists and residents alike who travel these roads. (b) Establishment of districts. The Historic Gateway Corridor Overlay District (HG) shall be designated by the board of supervisors to protect and enhance the significant historical, archaeological, cultural, and scenic resources by controlling new development along arterial streets or highways designated by the board of supervisors. The Historic Gateway Overlay District (HG) shall overlay all other zoning districts where it is applied. The regulations and requirements of both the underlying districts and those of the Historic Gateway Corridor Overlay District (HG) shall apply, however, that when the regulations applicable to the Historic Gateway Overlay District (HG) conflict with the regulations of the underlying district, the more restrictive regulations shall apply. (c) District boundaries. HG district boundaries shall be designated on the official zoning map. (i) Length of the district shall be established by fixing points of the beginning and end in the centerline of a street. (ii) Width will be established by designation of the distance on one or both sides from the centerline to which the overlay district shall extend; or, by a description of coterminous property boundaries of lots along such street, or highway; or, by using visible geographic features. (d) Uses permitted by right. All uses permitted by right in the underlying land use district(s), shall be permitted by right in the HG unless otherwise specifically made a conditional use by this section. (e) Conditional uses. All uses requiring a conditional use permit in the underlying land use district(s), shall require a conditional use permit when such uses are proposed in the HG. (f) Development standards. All new development shall be subject to the use, limitations, and development standards set forth in the underlying land use district(s) and, in addition, shall be subject to the following HG limitations: (1) Architectural styles of buildings within the HG do not need to be exact replicas of historic sites. Rather, new development shall harmoniously blend within the HG with existing historic buildings, structures, sites, and objects. Franchise designs are unacceptable, as are unadorned "box-like" buildings. Instead, applicants are encouraged to use the existing historic architecturalfabric of Stafford County historic resources as a guide in designing buildings within the HG. (2) All new development within the HG shall be designed in a harmonious manner with the existing natural environment. The preservation of trees on site shall be practiced except to accommodate ingress/egress, parking, building development, and other necessary infrastructure. Where required, street trees shall be of native species. (3) All new construction for buildings or structures, including signs within the HG shall be approved by the Stafford County Architecture Review Board (ARB) prior to approval of any application for development.

(4) Appeal to the BOS. a. Any owner or owners of real property within Stafford County who are jointly or severally aggrieved by a decision of the ARB, may appeal the decision to the board of supervisors by filing a written petition with the agent within thirty (30) days of that decision. The board of supervisors, after consultation with the ARB, may reverse the decision of the ARB, in whole or in part, or it may affirm the decision of the ARB. b. Any owner or owners of real property within Stafford County who are jointly or severally aggrieved by a final decision of the board of supervisors, may appeal to the Circuit Court of Stafford County for review of that decision by filing a petition at law setting forth the alleged illegality within thirty (30) days of the final decision of the board, in accordance with section 15.2-2306, Code of Virginia 1950, as amended. The court may reverse or modify the decision of the board of supervisors, in whole or in part, if it finds upon review that the decision of the board is contrary to the law or that its decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the board of supervisors. (g) Design specifics. (1) Building form and scale shall be mindful of the existing historic fabric. No building shall dominate others within the same development. Efforts shall be taken to reduce the scale of large warehouse buildings by designing the facade of such buildings as multiple buildings clustered together. All new development shall be designed with a human scale. (2) Architectural materials should be consistent with or reflective of those used in the construction of existing historic resources located throughout the county. (3) All utilities fixed to buildings shall be shielded from public view on buildings by incorporating them into the design of the building or concealing them through parapet walls or other architectural features. (4) Building facades shall be symmetrical where applicable. (5) Franchise designs shall be tailored to meet these requirements. (6) Accessory structures shall be consistent with the overall site development including building treatment and materials. (7) Outdoor storage of equipment and materials shall be screened from all right-of-ways within the HG using fencing, walls, or planting materials. The fences or walls shall be consistent with the overall site development including building treatment and materials. (8) No banners shall be installed on any building within the HG. (9) No amplified speaker system shall be used outdoors within the HG. (10) Signage shall be designed to complement the building by using similar materials and designs. (11) Freestanding sign shall be monument signs with a maximum height of eight (8) feet and shall be designed with materials that compliment the building. (12) Lighting in signage shall not create a glare. (13) Colors within signs shall be coordinated with the building and shall not be overly intense. (14) All utilities on site shall be located underground. (15) Parking, loading and service area shall be oriented away from or shielded from the rights-of-way with walls or planting. (16) Unless required by another regulation, sidewalks shall be provided along all road frontage of the site. There shall be a separation of a minimum of five (5) feet between the sidewalk and the edge of the road(s). It is recommended the required street trees are located in this strip. (Ord. No. O05-21, 3-15-05)

Sec. 28-66. P-TND, Planned-Traditional Neighborhood Development. (a) Permitted uses. (1) For the P-TND district, the permitted uses shall be as set forth in table 3.1 of article III for P-TND districts. (2) In addition to table 3.1, the permitted uses within specific transect zones shall be as set forth in Tables 3.2(a), (b), (c), (d), (e), (f), (g) and (h). (b) Density and intensity of development. (1) The gross residential density in a P-TND district shall not exceed the maximum gross density as set forth table 3.1 of article III for P-TND districts.

(2) The permitted maximum gross residential density for specific transect zones shall be as set forth in table 3.5(b). (c) Landscape, buffering and screening. The P-TND shall be exempt from sections 28-82 and 28-86. A P-TND development shall only be subject to the transitional buffer requirements along the perimeter of the P-TND, if applicable, per section 110.3 of the DCSL. (d) Parking and loading. (1) The P-TND shall be exempt from article VII. (2) The parking and loading requirements for all uses within a P-TND shall be as set forth in tables 3.3(a) and 3.3(c). (3) Shared parking for uses within the P-TND shall be as set forth in table 3.3(b). (e) [Exemption.] The P-TND shall be exempt from article VIII. (f) On-street parallel parking and detached parking garages. On-street parallel parking shall be permitted in a P-TND district. The number of parking spaces required for off-street parking requirements specified in table 3.3(a) of this section shall be required, except that all on-street parallel parking spaces provided shall count towards the off-street parking requirements and shall be located within one hundred fifty (150) feet of the dwelling they are intended to serve. Parking spaces in garages on individual residential lots shall count toward off-street parking requirements, however, the driveway accessing the private parking garage shall not be considered towards the required number of parking spaces even if the area of the driveway is adequate for a parking space. Where on-street parallel parking is provided, a travel aisle in accordance with the Virginia Department of Transportation Subdivision Street Requirements or the requirements of Stafford County if any exceed VDOT Subdivision Requirements, shall be provided, in addition to that necessary to accommodate the on-street parallel parking. (g) Architectural design controls. The architectural design controls shall be included with the neighborhood design standards. Technical modifications or adjustments to the neighborhood design standards may be permitted in accordance to subsection 28-56(g). (Ord. No. O07-39, 7-17-07)

Sec. 28-67. Potomac River Resource Protection (PRRP) Overlay District. (a) Purpose and intent. Stafford County wishes to recognize the existence of sensitive water resources within the Potomac River Basin. The county further recognizes the positive impact of these resources on the local community and economy and wishes to protect the integrity of these resources. Therefore, the purposes of the PRRP Overlay district are to: (1) Protect streams, floodplains, slopes equal to or greater than twenty-five (25) percent, and wetland areas in the Potomac River Basin; (2) Expand buffers surrounding sensitive water resources within the Potomac River Basin in order to improve the capture of sediment, organic material, fertilizer, pesticides and other pollutants that may adversely impact the Potomac River; (3) Protect and enhance the wise use of natural resources through management of development and redevelopment: and (4) Promote protection of sensitive water resources within the Potomac River Basin in order to provide for the health, safety and welfare of the present and future citizens of Stafford County. (b) Applicability. The regulations and requirements of both the underlying district(s) and the PRRP Overlay district shall apply on all parcels of land within the below-described area. When the regulations applicable to the PRRP conflict with the regulations of the underlying district, the more restrictive regulations shall apply. The boundaries of the PRRP Overlay district shall be as follows: Beginning at a point where Telegraph Road intersections with Widewater Road continuing easterly along Widewater Road to a point where Widewater Road intersects with Rectory Lane; thence continuing easterly following the southern boundary line of Quantico Marine Corps Base to the Potomac River mean low water (MLW) line; thence continuing southerly following the Potomac River MLW line to Brent Point; thence continuing southerly and westerly along the Stafford County/Charles County, Maryland, boundary line to a point where the Potomac River MLW line intersects with Black Swamp Branch; thence continuing westerly generally following the southern property lines of parcels fronting on the south side of Potomac Creek to the intersection with Brooke Road; thence continuing northerly along Brooke Road to a point where

it intersects with the CSX Railroad tracks; thence continuing northerly along the CSX Railroad tracks to a straight line intersection with an unnamed road near the end of Hope Road; thence continuing along said unnamed road westerly to its intersection with Hope Road; thence continuing westerly along Hope Road to the intersection with Olde Concord Road; thence continuing northerly along Olde Concord Road to the intersection with Greenridge Drive; thence continuing northerly along Greenridge Drive to the intersection with Coal Landing Road; thence continuing northerly generally following the eastern property lines of parcels fronting on the east side of Jefferson Davis Highway to the intersection with Telegraph Road; and thence continuing northeasterly along Telegraph Road to the point of beginning at the intersection with Widewater Road, as shown on the map entitled "Potomac River Resource Protection Overlay District," dated October 7, 2008, prepared by the Stafford County Department of Planning and Zoning, a copy of which shall be added to and become a part of the Official Zoning Map of Stafford County. (c) Development standards. All applications for reclassifications, conditional use permits, subdivisions and site plans shall be subject to the use limitations and development standards set forth in the underlying zoning district(s) and, in addition shall be subject to the following: (1) Submission of an existing conditions plan. The purpose of the existing conditions plan is to determine the limits of sensitive Potomac River resource areas within any parcel(s) prior to development to promote conservation of the resources and the incorporation of the landscape features into the development design. This requirement does not release the applicant from obtaining a permit from the [U.S. Army] Corps of Engineers for disturbances in wetland areas, or any other necessary local, state or federal permits. The existing conditions plan shall be submitted at the time of initial application and shall identify and illustrate the location of environmental resources on the property as follows: a. Forest or other vegetated cover as depicted in aerial photos or maps available from the department of planning and zoning or other applicable agency, or as indicated by a professional land surveyor b. Flood plain districts as delineated in the most recent flood plain insurance study (FIS) for Stafford County, Virginia, prepared by the Federal Emergency Management Agency; c. Critical Resource Protection Area components as identified through a site-specific determination and approved by the agent, including: 1. Tidal wetlands; 2. Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; 3. Tidal shores; 4. A one-hundred-foot vegetated buffer area located adjacent to and landward of the components listed in subsections 1. through 3. above; and along both sides of any water bodies with perennial flow. d. Streams with intermittent flow, as identified through a site-specific determination based on the North Carolina Division of Water Quality, Identification Methods for the Origin of Intermittent and Perennial Streams, Version 3.1 or other applicable method and approved by the agent; e. Slopes equal to or greater than twenty-five (25) percent, as identified through a site-specific determination, where adjacent to and landward of critical resource protection area components and intermittent streams; f. Existing conditions plans for family subdivisions may use the agent's delineation in lieu of a site-specific determination for features c. through e., except as required by section 28-62 of the Code of Stafford County, the Chesapeake Bay Resource Protection Overlay district. (2) Performance criteria. Design of a development plan shall take into consideration the resources as stated above. a. Plans shall be designed to preserve and protect Potomac River resource areas, and to mitigate impacts to Potomac River and its tributaries. b. The CRPA shall be expanded to include intermittent streams. c. The CRPA shall be expanded to include a variable width buffer area not less than one hundred (100) feet in width. The variable width buffer area shall be located adjacent to and landward of 1. Tidal wetlands;

2. Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; 3. Tidal shores; and 4. Along both sides of any water body with perennial or intermittent flow. d. The variable width buffer shall also include any slope with a vertical rise over horizontal run equal to or greater than twenty-five (25) percent as measured from the toe of the slope to the top of the slope, where the slope is adjacent to and landward of the water bodies listed in [subsections] c.1. through 4. above. A slope shall be considered contiguous to a protected resource if the toe of the slope extends to within one hundred (100) feet of the landward limit of the resource. The top of the slope shall be considered the landward limit of the slope. The variable width buffer shall extend to the top of slope. e. The CRPA shall be subject to all of the regulations regarding CRPAs as set forth in section 28-62 of the Code of Stafford County, the Chesapeake Bay Preservation Area Overlay District. f. Existing vegetation to be retained shall be delineated on plans and marked on site with orange plastic fencing during all phases of construction per section 140 of the design and construction standards for landscaping, buffering and screening (DCSL). The limits of the variable width buffer shall be marked on site with orange plastic fencing during all phases of construction. (3) Establishment of the buffer. All buffer areas shall be identified as CRPA on all plans; approved by the agent; recorded on a plat in the land records; and run with the land and continue in perpetuity. a. The agent and/or his designee shall have access to the buffer to inspect it for compliance. (Ord. No. O08-27, 10-7-08) Secs. 28-68--28-70. Reserved.

ARTICLE IV.  PLANNED DEVELOPMENT AND OVERLAY DISTRICT REGULATIONS

Sec. 28-51.  Purpose.The purposes of this article are to provide regulations for planned developments and overlay districts within Stafford County. In order to provide protection for areas of natural and historic resources, areas impacted by frequent and high levels of noise, highway corridors, and reservoir areas, these regulations are supplemental to and supersede the less stringent regulations of underlying districts.(Ord. No. 094-29, § 28-401, 8-9-94)

Sec. 28-52.  Applicability.No structure or land within Stafford County, located either in a planned development district or an overlay district as established by this article, shall hereafter be developed, occupied, or used except in conformance with the provisions of this article.(Ord. No. 094-29, § 28-402, 8-9-94)

Sec. 28-53.  Planned development districts.(a)   General provisions.  All planned development districts shall comply with the following requirements:  (1)   The entire tract shall be under one ownership or control;(2)   The site shall have direct access to a major collector or higher classification road as identified in the Stafford County Transportation Plan; and(3)   The site shall be served by a public water and a sanitary sewer system, owned and operated by the County of Stafford.(b)   PD-1 site requirements.  In addition to the requirements of section 28-53(a), to be considered for classification as a PD-1 district, the tract of land shall conform to the following requirements:  (1)   The total area for a PD-1 district shall not be less than seventy-five (75) nor greater than five hundred (500) contiguous acres.(2)   The site shall be located in an area planned for public facilities and public infrastructure such as utilities and roads.

(3)   Soils shall be suitable for urban uses, as determined by the planning commission, based on official soil surveys or other accepted technical data.(4)   No less than twenty-five (25) percent of the total area of the PD-1 district, exclusive of the areas proposed for commercial uses or parking areas shall be designated as open space for common use.(5)   No less than ten (10) percent, nor more than thirty (30) percent of the total land area of the PD-1 district shall be dedicated to commercial uses unless all/or portion of the PD-1 district that was to be developed with the commercial use has been reclassified to the P-TND district and the same tract contains transect zones predominantly used for commercial uses, such as but not limited to: T4, T5, T6 and SD-C.(c)   PD-2 site requirements.  In addition to the requirements of section 28-53(a), to be considered for classification as a PD-2 district, the tract of land shall conform to the following requirements:  (1)   The total area for a PD-2 district shall not be less than two hundred fifty (250) nor greater than eight hundred fifty (850) contiguous acres.(2)   The site shall be located in an area planned for public facilities and public infrastructure such as utilities and roads.(3)   Soils shall be suitable for urban uses, as determined by the planning commission, based on official soil surveys or other accepted technical data.(4)   No less than twenty-five (25) percent of the total area of the PD-2 district, exclusive of the areas proposed for commercial uses or parking areas shall be designated as open space for common use.(5)   No less than ten (10) percent, nor more than thirty (30) percent of the total land area of the PD-2 district shall be dedicated to commercial uses unless all/or portion of the PD-2 district that was to be developed with the commercial use has been reclassified to the P-TND district and the same tract contains transect zones predominantly used for commercial uses such as but not limited to: T4, T5, T6 and SD-C.(Ord. No. 094-29, § 28-403, 8-9-94; Ord. No. 000-71, 9-12-00; Ord. No. O07-39, 7-17-07)

Sec. 28-54.  Planned Development-1 District (PD-1) regulations.(a)   Permitted uses.  For the PD-1 district, the permitted uses shall be as set forth in Table 3.1 of Article III for PD-1 districts.  (b)   Density and intensity of development.  The gross residential density in a PD-1 district shall not exceed seven (7) units per acre. The area used to calculate such density shall not include areas for commercial use. A maximum floor area ratio of 0.45 shall apply to all individual commercial sites within the PD-1 district.  (c)   Townhouse/multifamily residences.  No townhouse structure shall contain more than ten (10) units, and no more than two (2) adjacent townhouse unit fronts shall have the same setback. There shall be no other setback requirements except that no townhouse shall be located within thirty-five (35) feet from any private travel lane or public street right-of-way or twenty-four (24) feet of another residential structure of the same type or within seventy-five (75) feet from another residential structure of a different type.  No multifamily structure shall contain more than twenty-four (24) units. There shall be no setback requirements except that no multifamily structure shall be located within thirty-five (35) feet from any public or private street right-of-way or within thirty (30) feet from any other structure of the same type within seventy-five (75) feet of another residential structure of a different type.Townhouse or multifamily structures shall conform to the following additional requirements:(1)   Minimum lot width for townhouses shall be twenty (20) feet per unit.(2)   Minimum lot area shall be as per approved preliminary subdivision plans.(3)   Parking areas serving townhouses and multifamily uses shall provide landscaping, per section 100 of the DCSL.(d)   Single-family/duplex residences.  Single-family detached and duplex residential units shall conform to the following requirements:  (1)   Minimum lot width for single-family detached dwellings shall be eighty (80) feet per unit; minimum lot width for duplex structures shall be one hundred (100) feet.

(2)   Minimum lot area shall be as per approved preliminary or construction plans.(e)   Commercial uses.    (1)   Commercial structures shall not be located within sixty (60) feet of any residential structure;(2)   No commercial structure shall be located within thirty-five (35) of any public street right-of-way;(3)   Off-street parking areas for commercial uses within the PD-1 district shall provide landscaping per section 100 of the DCSL.(f)   Open space requirements.  Development within the PD-1 district shall comply with all the buffering, landscaping and screening requirements of section 100 of the DCSL.  (Ord. No. 094-29, § 28-404, 8-9-94; Ord. No. 095-11, 3-7-95; Ord. No. 002-25, 9-3-02; Ord. No. O05-33, 12-13-05)

Sec. 28-55.  Planned Development--2 District (PD-2) regulations.(a)   Permitted uses.  For the PD-2 district, the use schedule shall be as set forth in Table 3.1 of Article III for PD-2 districts.  (b)   Density and intensity of development.  The total residential density in a PD-2 district, including single-family residences, multifamily residences and commercial apartments, shall not exceed three and twenty-five hundredths (3.25) units per acre. The nonresidential intensity of development on any site shall not exceed a 0.50 floor area ratio.  (c)   Townhouse/multifamily residences.  No townhouse structure shall contain more than ten (10) units, and no more than two (2) adjacent townhouse fronts shall have the same front setback. There shall be no side yard requirements except that no townhouse unit shall be located within thirty (30) feet of another residential structure.  Up to fifteen (15) percent of multifamily structures may contain up to twenty-four (24) units; all other multifamily structures shall contain no more than twelve (12) units. There shall be no side yard requirements except that no multifamily structure shall be located within sixty (60) feet of another residential structure.Townhouse and multifamily units shall conform to the following additional requirements:(1)   Minimum lot width shall be eighteen (18) feet.(2)   Minimum front building setback shall be fifteen (15) feet.(3)   Minimum lot area shall be as per approved preliminary or construction plans as required.(4)   No more than forty (40) percent of the total units in the development shall be townhouse or multifamily units.(5)   Accessory townhouse garages (detached) may have zero side yard and zero rear yard setbacks and be up to thirty (30) feet in height if a peaked roof is utilized, notwithstanding section 28-38. Attached and detached townhouse garages shall provide the same rear setback as detached garages where the lot abuts a common access easement at least twenty (20) feet in width.(d)   Single-family/duplex residences.  Single-family detached and duplex residential units shall conform to the following requirements:  (1)   Zero side yard setbacks are permitted on one side of the property; provided, however, that the opposite side yard shall be at least ten (10) feet.(2)   At no time shall the distance between two (2) structures as dwellings be less than ten (10) feet.(3)   Minimum lot width per unit shall be fifty (50) feet.(4)   Minimum front building setbacks shall be fifteen (15) feet.(5)   Minimum rear yard setbacks shall be thirty-five (35) feet, except that attached garages shall provide the same rear setbacks as detached garages where the lot abuts a common access easement at least twenty (20) feet in width.(6)   Minimum lot area shall be five thousand (5,000) square feet per dwelling unit.(7)   Maximum unit height shall be thirty-five (35) feet.(e)   Commercial uses.  Commercial uses shall conform to the following requirements:  (1)   Minimum front building setbacks shall be eight (8) feet or immediately behind the street sidewalk if the sidewalk is in the street right-of-way.(2)   Minimum lot area and width shall be as per approved preliminary or construction plans.(3)   Minimum side yard setbacks shall be as per approved construction plans.

(4)   The total amount of land proposed for commercial uses, including accessory uses such as parking areas, shall not be less than five (5) percent nor exceed thirty-five (35) percent of the total gross area of the development, excluding that area within the perimeter buffer area.(5)   The following outside structures and goods shall be screened from view from any public right-of-way: Trash receptacles, air conditioning and heating units, loading areas, large work area doors, open work bays and inventory stored outside.(6)   Sidewalks, a minimum of eight (8) feet wide and parallel to the curb of the street, shall be required in all commercial areas of the district.(f)   Commercial apartments.  Residential apartments shall be allowed as accessory uses to commercial establishments; provided that:  (1)   The total height of the structure shall not exceed the height limitations contained in Table 3.1 for commercial structures; and(2)   Each residential unit has a building access other than the access designated for the commercial establishment; and(3)   Each residential unit adheres to all appropriate state and county codes.(g)   Residential/commercial location.  No residential structure shall be constructed at a distance greater than one thousand three hundred twenty (1,320) linear feet, measured in a straight level line regardless of topography or street patterns, from at least one planned or existing civic building, such as a school, church, or recreation facility, or a commercial use. Commercial uses located within residential sections shall be located centrally within the neighborhood and maintain the character of a neighborhood center.  (h)   Open space requirements.  Development within the PD-2 shall comply with all the buffering, landscaping and screening requirements per section 100 of the DCSL, except for section 110.3, Transitional buffer. The following open space requirements shall be met:  (1)   A type C transitional buffer, per section 100 of the DCSL shall be established along all perimeter property lines of the development, except as provided below.(2)   A type C transitional buffer, per section 100 of the DCSL shall be established along perimeter lines of the development that adjoins land designated as agriculture or rural residential in the land use plan.(3)   A type A transitional buffer, per section 100 of the DCSL shall be established along perimeter property lines of the development that adjoins lands zoned as PD-1 or PD-2.(4)   No commercial establishment within a PD-2 district shall be located within fifty (50) feet of a perimeter boundary of the PD-2 district which adjoins lands zoned for residential or agricultural use. No development or clearing, grading or construction activity, other than for any public utility construction or providing road access, shall be permitted in any buffer area; except the buffer area established along major collector or higher classification streets may be cleared and replaced with landscaping. No impervious surfaces, including structures, parking or roadways are permitted in this area, except for access authorized herein and pedestrian or bicycle trails and access. No less than fifteen (15) percent of the total internal area shall be designated as open space for common usage; except that the area of the undisturbed buffer, parking areas, and land proposed for commercial use shall not be included in the calculation of open space acreage. No less than ten (10) percent of the total open space shall be landscaped. No less than five (5) percent of the total open space or twenty (20) acres, whichever is greater, shall be designated to public or community use.(i)   Architectural design controls.  Examples of typical street sections, including building setbacks, architectural styles of buildings and lot widths shall be submitted to the director of planning for review at the time of submission of subdivision plans. Street trees are required in commercial areas of the district. All street trees planted within the commercial area shall conform to the following criteria:  (1)   Plantings shall be in sequence with a uniform spacing of no greater than fifty (50) feet on center.(2)   Tree types (species) shall be those that provide a high canopy so as not to inhibit pedestrian or vehicular vision lines of movement and shall be submitted to the director of planning for review.(3)   Street lighting is required in commercial and residential areas. Typical styles of all street lighting fixtures to be used shall be submitted to the planning director or his designee to review

for consistency with overall architectural design of the development. Street trees and street lighting shall be maintained by the homeowners or business association.(4)   On-street parallel parking shall be permitted in PD-2 districts. The number of parking spaces required for off-street parking requirements specified in article VII of this chapter shall be required, except that all on-street parallel parking spaces provided shall count towards the off-street parking requirements and shall be located within one hundred fifty (150) feet of the dwelling they are intended to serve or within three hundred (300) feet if the dwelling is provided with two (2) on-site parking spaces or garage. Parking spaces in garages on individual residential lots shall count toward off-street parking requirements where additional storage space is provided in the garage. Where on-street parking is provided, a minimum of two (2) travel lanes shall be required in addition to that necessary to accommodate on-street parallel parking.(5)   Buffer yards and landscaping may only be located within street right-of-way with approval of the Virginia Department of Transportation.(Ord. No. 094-29, § 28-405, 8-9-94; Ord. No. 003-29, 6-17-03; Ord. No. O05-33, 12-13-05)

Sec. 28-56.  Application for planned developments.(a)   Application procedure.  In addition to the requirements of article XII, whenever a tract of land meets the minimum requirements for classification as PD-1, PD-2, or P-TND as stipulated herein, the owner may file an application with the planning director requesting rezoning one of these classifications. A preliminary conference with staff for the office of planning prior to the filing is required. The applicant shall furnish twenty (20) copies of the general development plan for the development with the application. The general development plan shall be prepared by qualified individuals, as defined in article XIII of this chapter, and shall be at least of a scale of one inch equals two hundred (200) feet. In addition to the requirements of the generalized development plan stipulated in Article XIII, at a minimum the following information shall be submitted:  (1)   A list giving the names, mailing addresses and assessor's parcel numbers for all adjoining property owners, including those immediately across the road.(2)   A delineation of the approximate location of proposed uses within the development, the location and names of adjacent subdivisions, and the location and size in acres of proposed parks, school sites, common open areas, and any other land proposed for community use. Location, size, and total area of all proposed parks, playgrounds shall follow the adopted County guidelines for parks and recreation facilities.(3)   Clear delineation of all sections, stages or phases of development along with data as to the order and timing of development.(4)   A transportation plan delineating the collector or higher classification streets, all proposed pedestrian and bicycle travel ways, excluding sidewalks and all proposed connections external to the district. Submission of a report that responds to the criteria established in the county's transportation impact statement guidelines shall be required.(5)   A utility plan showing the existing and proposed utility infrastructure for the specific project and adjacent planned service areas. The plan shall delineate all proposed pump stations, water towers, and the identification of all proposed easements. Supportive documentation shall be provided that includes the project's ultimate utility requirements and compliance with the county's utility plans.(6)   A preliminary stormwater management analysis that identifies proposed stormwater management techniques to be utilized. The analysis shall include preliminary stormwater runoff calculations for existing and proposed conditions, including estimates of impervious surface areas and nonpoint source pollutants based on average land cover calculations for the watershed area.(7)   An environmental inventory plan that discusses the following types of geographic features and any additional environmentally sensitive features which may be located on the site:a.   Any "blue line" stream on the U.S.G.S. Topographic Quadrangle Maps.b.   Topography using five-foot contour intervals.c.   Slopes greater than twenty-five (25) percent.d.   Tidal and nontidal wetlands.

e.   Land within the 100-year floodplain.f.   Cemeteries.g.   Historic sites and structures.h.   Soil types.i.   Tree types (deciduous or conifer) and tree coverage area.j.   Wildlife habitats of all threatened or endangered species.(b)   Submission requirements    (1)   Except for a P-TND, the applicant shall provide tables showing figures for the total acreage devoted to each of the following uses: Single-family detached residences, duplexes, townhouses, multifamily residences (separating out commercial apartments), schools, parks, open space, streets, parking and commercial use. Data indicating the total commercial square footage proposed, the overall density of the development, and the density of each section shall be provided.(2)   For P-TND, the applicant shall provide;i.   Twenty (20) copies of a regulating plan showing the following features:1.   Transect zone(s).2.   Primary roads.3.   Civic building and uses.4.   Pedestrian shed(s).5.   Primary commercial frontage(s).6.   Vista termination(s).ii.   Twenty (20) copies of the neighborhood design standards showing the following features:1.   Architecture features specific to the development for each type of building within each transect zone.2.   Elements to building construction specific to the development for each type of building within each transect zone.3.   Streetscape and landscape scheme that is not required per this Chapter for each transect zone.4.   Lighting plan and details on the type of light fixtures to be used for each transect zone.(c)   Review procedures.  Upon receipt of an application for a planned development district classification, the planning commission and the board of supervisors shall advertise and hold public hearings as required by this chapter for the rezoning of property.  (d)   Fees.  Fees for the application to rezone to a planned development district shall follow the fee schedule established by the board of supervisors.  (e)   Effect of approval.  Upon approval of the complete application submitted under this section, the applicant shall have one hundred twenty (120) days in which to submit a preliminary subdivision/site development plan for the entire development. All final plans must comply with the stipulations and concepts approved by the board of supervisors during the rezoning. The approval of the initial application package by the board of supervisors shall in no manner obligate the county to approve any final plan. The final plan shall be prepared and submitted in accordance with the requirements of Article XIV, Site Plans, of this chapter.  (f)   Major change of development plan.  Except in accordance with [subsection] (g) below for a P-TND, a proposed change to the approved preliminary subdivision/site development plan for the entire development shall be considered as a major change of development plan and shall comply with article XII. The following shall constitute a major change of development plan:  (1)   Proposed change of unit type within any section of the development.(2)   Proposed change of street configuration affecting external street circulation and traffic patterns.(3)   Proposed change of use of structures.(4)   Proposed elimination of recreation facilities.(g)   Technical modifications or adjustments to the regulating plan or neighborhood design standards for P-TND.    (1)   Technical modifications or adjustments to the regulating plan in accordance with [subsection] (b)(2) above may be approved by the director of planning provided:

a.   The technical modification or adjustment for the shifting of a boundary of a transect zone, provided the shifting does not result in the relocation or switching of transect zones and does not increase the approved density for the transect zones which are being adjusted; orb.   Due to changes in the county code or technical engineering the location of a primary road or civic building and use may be shifted, provided the boundaries of the pedestrian shed is not altered.c.   The director of planning shall render a decision in writing within thirty (30) days from the date of receiving the request as to whether the request is a technical modification to the Regulating Plan.(2)   Modifications or adjustments to the Neighborhood Design Standards in accordance with [subsection] (b)(3) above may be approved by the director of planning provided:a.   A letter has been submitted to the director of planning requesting the approval to the modifications or adjustment; andb.   The specific features of the neighborhood design standards that are being modified or adjusted is described; andc.   Justification as to why the originally planned feature needs to be modified or adjusted; andd.   The modified or adjusted feature.e.   The director of planning shall respond in writing within thirty (30) days from the date the request has been received.(Ord. No. 094-29, § 28-406, 8-9-94; Ord. No. O07-39, 7-17-07)

Sec. 28-57.  Flood Hazard Overlay District (FH).(a)   Purpose and intent.  The purpose of these provisions is to prevent the loss of life and property, the increase or creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:  (1)   Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies.(2)   Restricting or prohibiting certain uses, activities and development from locating within districts subject to flooding.(3)   Requiring all those uses, activities and developments that do occur in floodprone districts to be protected and/or floodproofed against flooding and flood damage.(4)   Protecting individuals from buying land or structures which are unsuited for intended purposes because of flood hazards.(b)   Applicability.  These provisions shall apply to all lands within the jurisdiction of Stafford County, Virginia, and identified as being in the 100-year floodplain by the Federal Emergency Management Agency.  (c)   Compliance with liability.  No land within the FH district shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this section or any other applicable laws and regulations which apply to uses within the jurisdiction of this county.  (d)   Abrogation and greater restrictions.  This section supersedes any provisions currently in effect in floodprone districts. However, any underlying zoning regulation shall remain in full force and effect to the extent that its provisions are more restrictive than this chapter.  (e)   Establishment of flood hazard zoning district.    (1)   Description of district.  The floodplain districts shall include areas subject to inundation by waters of the one-hundred-year flood. The basis for the delineation of these districts shall be the flood insurance study (FIS) for Stafford County, Virginia, prepared by the Federal Emergency Management Agency dated February 4, 2005, as amended.  a.   The floodway district is delineated, for purposes of this division, using the criterion that certain areas within the one-hundred-year floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water elevation of that flood more than one foot at any point. The areas included in this district are specifically defined in table 3 of the above referenced flood insurance study and shown on the accompanying flood insurance rate map.

b.   The flood fringe shall be that area of the one-hundred-year floodplain not included in the floodway district.c.   The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been determined by approximate methods. Such areas are shown as Zone A on the map accompanying the flood insurance study. For these areas, the 100-year flood elevations and floodway information from federal, state and other acceptable sources shall be used, when available. Where specific 100-year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Floodprone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by Stafford County.(2)   Overlay concept.    a.   The floodplain district described above shall be overlays to the existing underlying districts as shown on the official zoning map for Stafford County, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.b.   Should there be any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions shall apply.c.   In the event any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative action or juridical decision, the basic underlying provisions shall remain applicable.(f)   Official flood insurance rate map (FIRM).    (1)   The boundaries of the floodplain district are established as shown on the flood insurance rate map (FIRM) which are declared to be a part of this subsection and which shall be on file in the Departments of Code Administration and Planning and Zoning for Stafford County.(2)   The delineation of any floodplain district may be revised by the board of supervisors where natural or manmade changes have occurred and/or where more-detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or individual who documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.(3)   Interpretations of the boundaries of the floodplain district shall be made by the zoning administrator. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. Persons questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the board of zoning appeals and to submit their own technical evidence if desired.(g)   Zoning permit for uses, activities and development.    (1)   All uses, activities and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit. Such development shall only be undertaken in strict compliance with the provisions of this chapter and with all other applicable codes, such as the Virginia Uniform Statewide Building Code, and chapters of the Stafford County Codes and Erosion and Sediment Control. Prior to the issuance of any such permit, the zoning administrator shall require all applications to include compliance with all applicable state and federal laws and regulations. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodway of any watercourse, drainage ditch, or any other drainage facility or system.(2)   Notwithstanding the permitted uses and structures in flood hazard districts listed in subsections (h) and (i), the zoning administrator may refuse, subject to review by the board of zoning appeals, to grant any permits for development, if it is determined that the following standards be violated:a.   Uses and structures permitted in floodplains shall be those least likely to be damaged by the kind and amount of flooding anticipated.

b.   No area known to be susceptible to frequent and dangerous floods shall be permitted to be used during periods when such flash floods are likely to occur.c.   Any structures located in floodplains shall be located, elevated and constructed as to minimize potential hazards and damage from probable flooding, resist flotation and offer minimum obstruction to flood flow. Where dwellings are permitted, lowest floor, including below grade basement, shall be a minimum of three (3) feet above the one-hundred-year flood or maximum record flood, whichever is greater. No use shall be permitted which increases amounts of potentially damaging materials (including those likely to be injurious to health) which might be carried downstream in floods.d.   In the floodway district, no development shall be permitted except where the affect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate county and state authorities.e.   No use, structure or activity, including the filling of land to change the level of land, shall be permitted in any floodway which adversely affect normal flood flow, increases flooding of land adjoining the floodway, causes diversion of waters in a manner more likely to create damage than does flow in a normal course, or increase peak flows or velocities in a manner likely to lead to added property-damaging materials, including those likely to be injurious to health which might be carried downstream in floods.(3)   All structures constructed in any floodplain area shall, within ten (10) days of establishing the lowest floor elevation, submit an elevation certificate sealed by a registered engineer or land surveyor to the Department of Code Administration of Stafford County. For residential structures the certification must show that the lowest floor elevation is a minimum of three (3) feet above base flood elevation; for nonresidential structures which are floodproofed or elevated, the certification must show that the effective flood protection elevation is a minimum of three (3) feet above base flood elevation.(4)   Prior to any proposed alteration, relocation of any channels or of any watercourse, stream, etc., within Stafford County, all applicable permits shall be obtained from the U.S. Army Corps of Engineers, the Department of Environmental Quality (DEQ) Virginia State Water Control Board, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (DCR) Division of Dam Safety and Floodplain Management, and the Federal Emergency Management Agency.(5)   All applications for development in the floodplain district and all building permits issued for the floodplain shall incorporate the following information:a.   For structures to be elevated, the lowest floor elevation (including below grade basements) shown at least three (3) feet above the one-hundred-year-flood elevation.b.   For structures to be floodproofed, the elevation of such floodproofing to be at least three (3) feet above the 100-year-flood elevation, and an engineer's certification that floodproofing techniques provide protection from the 100-year flood.c.   Topographic information showing existing and proposed ground elevations.(6)   Recreational vehicles placed on sites shall either:a.   Be on site for fewer than one hundred and eighty (180) days, be fully licensed and ready for highway use; orb.   Meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes as contained in the Uniform Statewide Building Code.A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.(h)   Permitted uses in the floodway district.    (1)   In the floodway district no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the one-hundred-year flood elevation.

(2)   The following uses and activities are permitted provided that (i) they are in compliance with the provisions of the underlying zoning district; (ii) they are not prohibited by any other law; and (iii) they do not require structures, the placement of fill, or storage of materials and equipment:a.   Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.b.   Recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, horseback riding and hiking trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet ranges, and hunting and fishing areas.c.   Accessory residential uses, such as yard areas, gardens, play areas, and pervious loading areas.d.   Accessory industrial and commercial uses, such as yard areas, parking and loading areas, and airport land strips.(3)   The following uses and activities may be permitted, by special exception, in the floodway district, provided that they are in compliance with the provisions of the underlying district and are not prohibited by this chapter or any other ordinance.a.   Public works, utilities and public facilities and improvements, such as railroads, streets, bridges, transmission lines, water and sewage treatment plants, stormwater management structures, and other or similar related uses.b.   Water-dependent uses and activities, such as marinas, docks, wharves, piers, or shoreline protection measures, where no administrative exception has been granted by the agent.(4)   The agent may at his discretion issue, in writing, an administrative exception for specified uses and activities in the floodway district. The agent must find that the placement of fill material for the proposed activity or use would not create a flood hazard or contribute to increased flood elevations of off-site properties. The applicant requesting an administrative exception shall provide sufficient information, plans and drawings for the agent to determine that there would be no flood hazard impacts. The following uses and activities may be permitted, by administrative exception, in the floodway district:a.   Water-dependent uses and activities associated with tidal water bodies, such as marinas, docks, wharves, and piers.b.   Shoreline protection measures where the maximum elevation of the structure or fill does not exceed the base flood elevation.(i)   Flood-fringe and approximated floodplain districts.  In the flood-fringe and approximated floodplain districts the development and/or use of the land shall be permitted in accordance with the regulations of the underlying zoning district provided that no placement of fill is proposed for any use except; utilities, public facilities, and improvements, such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, stormwater management structures, shoreline protection measures and water dependent uses located within or adjacent to tidal water bodies where there would be no increase in the one hundred-year flood elevations, and other similar or related uses.  Activities and/or development shall be undertaken in strict compliance with the flood-proofing, related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances.Within the approximated floodplain district, the applicant shall also delineate a floodway area based on the requirements that all existing and future development not increase the one hundred-year flood elevation more than one foot at any point. The engineering principle--equal reduction and conveyance--shall be used to make the determination of increased flood heights. This delineation shall be performed by a professional engineer and submitted to FEMA for technical evaluation and approval.Within the floodway area delineated by the applicant, the provisions of subsection (h) shall apply.(j)   Design criteria for utilities and facilities.    (1)   Sanitary sewer facilities.  All new or replacement sanitary sewer facilities and private package sewage treatment plants, including all pumping stations and collector systems, shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. 

(2)   Water facilities.  All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages.  (3)   Drainage facilities.  All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and on-site waste disposal sites. The board of supervisors may require a primarily underground system to accommodate frequent floods and may require a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.  (4)   Utilities.  All utilities, such as gas lines, electrical and telephone systems being placed in floodprone areas should be located, elevated (where possible), and constructed to minimize the chance of impairment during a flooding occurrence.  (5)   Streets and sidewalks.  Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights.  (k)   Variances.    (1)   In passing upon applications for variances, the board of zoning appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following factors:a.   The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway district that will cause any increase in the 100-year-flood elevation.b.   The danger that materials may be swept on to other lands or downstream to the detriment or injury of others, potentially magnifying flood hazards and damages.c.   The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.d.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.e.   The importance of the services provided by the proposed facility to the community.f.   The requirements of the facility for a waterfront location.g.   The availability of alternate locations not subject to flooding for the proposed use.h.   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.i.   The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.j.   The safety of access by ordinary and emergency vehicles to the property in time of flood.k.   The expected heights, velocity, duration, rate of rise, and sediment transport of floodwaters expected at the site.l.   The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.m.   Such other factors which are relevant to the purposes of this chapter.(2)   The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or FEMA for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.Variances shall be issued only after the board of zoning appeals has determined that the granting of such variance will not result in:a.   Unacceptable or prohibited increases in flood heights;b.   Additional threats to public safety;c.   Extraordinary public expense;d.   Creation of nuisances;e.   Fraud or victimization of the public;f.   Conflict with local laws or ordinances.

(3)   Variances shall be issued only after the board of zoning appeals has determined that the variance will be the minimum required to provide relief from any hardship to the applicant.(4)   The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct below the 100-year-flood elevation:a.   Increases the risks to life and property; andb.   Will result in increased premium rates for flood insurance.(5)   A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Emergency Management Agency.(l)   Existing structures in the floodplain district.  A structure or use of a structure or premises which lawfully existed before enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:  (1)   Existing structures in the floodway district shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that it would not result in any increase in the 100-year-flood elevation or present increased flood hazards.(2)   Any modifications, alterations, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of less than fifty (50) percent of its market value, shall conform to the Virginia Uniform Statewide Building Code (VA USBC).(3)   Reserved.(Ord. No. 094-29, § 28-407, 8-9-94; Ord. No. 099-41, 7-13-99; Ord. No. 099-76, 11-16-99; Ord. No. O04-63, 12-7-04; Ord. No. O07-31, 5-1-07; Ord. No. O08-37, 6-17-08; Ord. No. O08-80, 12-2-08)

Sec. 28-58.  Historic Resource Overlay District (HR).(a)   Definition and purpose.  The Historic Resource Overlay District (HR) shall be defined as consisting of any historic area, landmark, building or structure, or any land pertaining to any estate or interest therein, along with any adjoining lands deemed necessary to protect the context in which the resource exists, which, in the opinion of the board of supervisors, should be preserved and maintained for the use, observation, education, pleasure and welfare of the people, and is so designated.  It is intended that the establishment of HR districts will protect against destruction of and encroachment upon historic resources. HR districts are areas containing buildings or places in which historic events have occurred or which have special public value because of notable architectural or other features relating to the cultural or artistic heritage of the county, the commonwealth, and the nation, of such significance as to warrant conservation and preservation.(b)   Architectural review board.  The governing body shall appoint an architectural review board (ARB) consisting of five (5) members for the purpose of administering this section, subject to the following conditions:  (1)   All members appointed to the ARB shall have a demonstrated knowledge, interest, or competence in historic preservation.(2)   At least one member shall be a registered architect, or an architectural historian, with a demonstrated interest in historic preservation; at least one member shall be a member of the planning commission; at least one member shall be a resident of a designated historic district in Stafford County. When adequate review of any proposed action would normally involve a professional discipline not represented on the ARB, the ARB shall seek appropriate professional advice before rendering a decision. Information on the credentials of all ARB members shall be kept on file locally for public inspection.(3)   The ARB shall adopt written bylaws that include [at] a minimum: Provision for regularly scheduled meetings at least four (4) times a year; a requirement that a quorum of three (3) members be present to conduct business; rules of procedure for considering applications; written minutes of all meetings.(4)   Terms of office for ARB members shall be for three (3) years and shall be staggered.

(5)   Vacancies on the ARB shall be filled within sixty (60) days.(6)   In addition to those duties specified in this chapter, the ARB shall at a minimum perform the following duties:a.   Conduct or cause to be conducted a continuing survey of the cultural resources in the community according to guidelines established by the state historic preservation office.b.   Act in an advisory role to other officials, and departments of local government regarding protection of cultural resources.c.   Disseminate information within the locality on historic preservation issues and concerns.d.   The ARB shall provide for adequate public participation, including:1.   All meetings of the ARB must be publicly announced, to be open to the public, and have an agenda made available to the public prior to the meeting. ARB meetings must occur at regular intervals at least four (4) times per year. Public notices must be provided prior to any special meetings. The ARB shall allow for public testimony from interested members of the public, not just applicants.2.   Minutes of all decisions and actions of the ARB, or in appeals to the local governing body, must be kept on file and available for public inspection.3.   All decisions made by the ARB shall be made in a public forum and applicants shall be given written notification of decisions made by the ARB.4.   The rules of procedure adopted by the ARB shall be made available for public inspection.(c)   Designation of historic districts.  The board of supervisors may designate by ordinance historic resources to be included in the Historic Resource (HR) Overlay District. These resources may be, but are not limited to, landmarks established by the Virginia Landmarks Commission and any other building or structures within the county having important historic, architectural or cultural interest.  (1)   The ARB shall recommend and the governing body may, approve by ordinance the designation of an area or resource as Historic Resource Overlay District within which the regulations set forth in this section and regulations adopted for each specific historic district shall apply.(2)   In order to fully protect historic resources and areas, the boundaries of an Historic Resource Overlay District may include adjoining land closely related to and bearing upon the character of the historic resource, including lands within proximity of the historic resource.(3)   Individual property owners' consent for inclusion of their property within the HR district is not required.(4)   The board of supervisors may create HR overlay districts, provided such districts:a.   Contain buildings or places in which historic events have occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, or such significance to warrant conservation and preservation.b.   Is [are] closely associated with one or more persons, events, activities, or institutions that have made a significant contribution to local, regional, or national history; orc.   Contain buildings or structures whose exterior design or features exemplify the distinctive characteristics of one or more historic types, periods, or methods of construction, or which represent the work of an acknowledged master or masters; ord.   Have yielded, or are likely to yield, information important to local, regional or national history; ore.   Possess an identifiable character representative of the architectural or cultural heritage of Stafford County; orf.   Contain a landmark, building or structure included on the National Register of Historic Places or the Virginia Landmark Register.(d)   Historic resource overlay district regulations.  Historic resource overlay districts shall be subject to the following regulations in addition to those imposed for each specific historic district and those pursuant to the underlying zoning classification of the property. The Historic Resource Overlay District regulations shall take precedence over the underlying regulations when they conflict. All HR district boundaries shall be delineated on the official zoning map.  (1)   A certificate of appropriateness issued by the agent or his designee shall be required prior to the erection, reconstruction, exterior alteration, restoration or excavation of any building or structure within a HR district, or prior to the demolition, razing, relocation, or moving of any

building or structure therein. The agent shall not issue a certificate of appropriateness until an application therefor has been approved by the ARB or upon appeal to the board of supervisors with consultation of the ARB, following the procedures set forth below. In addition, no demolition, razing, relocation, or moving of an historic resource in an HR district shall occur until approved by the ARB or upon appeal to the board of supervisors with consultation of the ARB.(2)   Upon receipt of an application for a certificate of appropriateness, the agent shall forward to the ARB copies of the permit application, plat, site plan, and any other materials filed with such application. The application must be received by the ARB thirty (30) days or more prior to its meeting.(3)   The ARB may require the submission of the following information and other materials necessary for its review of the application: statement of proposed use; name of proposed user; design sketches showing exterior building configuration, topography, paving and grading; and, a plan showing exterior signs, graphics, and lighting to establish location, color, size, and type of materials.(4)   The ARB shall review and render a decision upon each application for a certificate of appropriateness within sixty (60) days of receipt, unless the applicant agrees in writing to an extension of the review period. The ARB shall apply the following criteria for its evaluation of any application. In addition to the following criteria, and guidelines adopted by the county, the ARB shall consider the Secretary of Interior's "Standards for Rehabilitation," as may be amended from time to time in determining the appropriateness of any application for approval pertaining to existing structures.a.   Risk of substantial alteration of the exterior features of an historic resource.b.   Compatibility in character, context and nature with the historic, architectural or cultural features of the historic district.c.   Value of the resource and the proposed change in the protection, preservation, and utilization of the historic resource located in the historic district.d.   Exterior architectural features, including all signs.e.   General design, scale, and arrangement.f.   Texture and materials.g.   The relationship of subsections a., b., and c., above, to other structures and features of the district.h.   The purpose for which the district was created.i.   The relationship of the size, design, and orientation of any new or reconstructed structure to the landscape of the district.j.   The extent to which denial of a certificate of appropriateness would constitute a deprivation of a reasonable use of private property.(5)   No application for a permit to erect, reconstruct, alter, or restore any building or structure, including signs, shall be approved unless the ARB determines or upon appeal to the board of supervisors with consultation of the ARB that it is architecturally compatible with the historic resources in the HR district.(6)   In reviewing an application to raze or demolish an historic resource the ARB shall review the circumstances and the condition of the structures proposed for demolition and shall make its decision based on consideration of the following criteria:a.   Is the historic resource of such architectural, cultural, or historic interest that its removal would be detrimental to the public interest?b.   Is the historic resource of such old and unusual design, texture, and material that it could not be reproduced or be reproduced only with great difficulty?c.   Would retention of the historic resource help preserve and/or protect another historic resource?(7)   In reviewing an application to move or relocate an historic resource, the ARB shall consider the following criteria:a.   Detrimental effect of the proposed relocation on the structural integrity of the historic resource.b   Detrimental effect of the proposed relocation on the historical aspects and context of other historic resources, buildings, or structures in the HR district.c.   Compatibility of proposed new surroundings with the historic resource if relocated.

d.   Benefits of relocation of the historic resource with regard to its preservation.(8)   The ARB, on the basis of the application and the criteria set forth herein shall approve, with or without modifications, or deny the application. If the ARB approves or approves with modifications the application, it shall authorize the agent to issue the permit. The permit shall expire after twelve (12) months from the date of issuance if work has not yet commenced on the property. If the ARB denies the application, it shall so notify the applicant and the agent in writing.(9)   Minor work or actions, deemed by the agent or his designee not to have a permanent effect upon the character of the historic property or district, shall be exempt from full review by the ARB. Instead, such minor work or actions shall be reviewed and approved or disapproved by the agent or his designee. Decisions made regarding minor work shall be rendered in writing. An applicant may appeal the decision of the agent or his designee to the ARB and of the ARB to the board of supervisors, in accord with the procedures hereinafter established. The term "minor work" shall include, but not be limited to, the repair or replacement of existing materials on exterior surfaces or appurtenances, such as steps, gutters, chimneys, windows, or exterior painting which does not result in a color change.(e)   Appeals; right to demolish.    (1)   Any owner or owners of real property within Stafford County who are jointly or severally aggrieved by a decision of the ARB, may appeal the decision to the board of supervisors by filing a written petition with the agent within thirty (30) days of that decision. The filing of the petition shall not stay the decision of the ARB if that decision denies the right to demolish a historic resource. The board of supervisors, after consultation with the ARB, may reverse the decision of the ARB, in whole or in part, or it may affirm the decision of the ARB.(2)   Any owner or owners of real property within Stafford County who are jointly or severally aggrieved by a final decision of the board of supervisors, may appeal to the Circuit Court of Stafford County for review of that decision by filing a petition at law setting forth the alleged illegality within thirty (30) days of the final decision of the board, in accordance with section 15.1-503.2 of the Code of Virginia 1950, as amended. The filing of said petition shall stay the decision of the board pending the outcome of the appeal to the court, provided that the filing of such petition shall not stay the decision of the board if such decision denies the right to raze or demolish an historic resource. The court may reverse or modify the decision of the board of supervisors, in whole or in part, if it finds upon review that the decision of the board is contrary to the law or that its decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the board of supervisors.(3)   In addition to the right of appeal set forth in subsection (2) above, the owner of an historic resource, the razing of which is subject to the provisions of this chapter, shall, as a matter of right, be entitled to demolish such historic resource, provided that:a.   He has applied to the governing body for such right; andb.   He has, for a period of time set forth in the time schedule contained in this section, and at a price reasonably related to its fair market value, made a bona fide offer to sell such historic resource, and the land pertaining thereto, to the county, or any person, firm, corporation, government or agency thereof which gives reasonable assurance that it is willing to preserve and restore the historic resource and the land pertaining thereto; andc.   No bona fide contract, binding upon all parties thereto, shall have been executed for the sale of such historic resource, and the land pertaining thereto, prior to the expiration of the application time set forth in the time schedule contained in this section.(4)   Any appeal which may be taken to the court from a decision of the board of supervisors, whether instituted by the owner or by any other party with proper standing, notwithstanding the provisions heretofore stated relating to a stay of the decision appealed from, shall not affect the right of the owner to make a bona fide offer to sell such historic resource. No offer shall be made more than one year after a final decision by the board of supervisors, but thereafter the owner may renew his request to the board to approve razing of the historic resource. The time schedule for offers to sell shall be as follows:a.   Three (3) months when the offering price is less than twenty-five thousand dollars ($25,000.00).

b.   Four (4) months when the offering price is twenty-five thousand dollars ($25,000.00) or more, but less than forty thousand dollars ($40,000.00).c.   Five (5) months when the offering price is forty thousand dollars ($40,000.00) or more, but less than fifty-five thousand dollars ($55,000.00).d.   Six (6) months when the offering price is fifty-five thousand dollars ($55,000.00) or more, but less than seventy-five thousand dollars ($75,000.00).e.   Seven (7) months when the offering price is seventy-five thousand dollars ($75,000.00) or more, but less than ninety thousand dollars ($90,000.00).f.   Twelve (12) months when the offering price is ninety thousand dollars ($90,000.00) or more.(5)   The time periods specified in this section shall commence upon receipt by the ARB of the owner's written notification of his intention to sell an historic resource. This statement shall identify the property, state the offering price, and the name of the real estate agent, if any. The ARB shall, within five (5) days, convey a copy of such statement to the county attorney.(Ord. No. 094-29, § 28-408, 8-9-94)

Sec. 28-59.  Highway Corridor Overlay District (HC).(a)   Purpose of the HC.  In furtherance of the purposes set forth in sections 15.1-427, 15.1-489, and 15.1-490 of the Code of Virginia, and in general to protect the health, safety, and general welfare of the public by the prevention or reduction of traffic congestion, and distracting visual clutter which may result in danger on the public and private streets, a limitation is hereby placed on certain automobile oriented, fast service, quick turnover uses and related signage, which generate traffic in such amount and in such manner as to present the possibility of increased danger to the motoring public and other impediments to safe travel. This district is created in recognition of the need to provide suitable and sufficient road systems in the county and the need to protect existing and future highways from unsafe use.  (b)   Establishment of districts.  The Highway Corridor Overlay District (HC) shall be designated by the board of supervisors by separate ordinance and will overlay all other zoning districts where it is applied so that any parcel of land lying in a HC shall also lie within one or more other land use districts provided for by this chapter. The regulations and requirements of both the underlying district(s) and the HC shall apply; provided, however, that when the regulations applicable to the HC conflict with the regulations of the underlying district, the more restrictive regulations shall apply.  (c)   District boundaries.    (1)   HC boundaries shall be designated on the official zoning map as ordained by Ordinance O95-57, O96-23 and amended by O98-27, O96-24, O98-30, O01-29, and O01-37 establishing the boundaries of the overlay district, pursuant to Article XII, Amendments to Zoning Maps.(2)   The district boundaries will be described as follows:a.   Length of the district shall be established by fixing points of beginning and end in the centerline of a street.b.   Width will be established by designation of the distance on one or both sides from the centerline to which the overlay district shall extend; or, by a description of coterminous property boundaries of lots along such street, or highway; or, by using visible geographic features.The HC zoning district shall be established and overlay all other zoning districts, except HI districts, on all parcels of land within the below described area:Beginning at a point at the centerline of Cambridge Street, extending five hundred (500) feet east from the centerline of Cambridge Street at the intersection with the centerline of Truslow Road; thence continuing in a northerly direction parallel to the centerline of Cambridge Street to a point where Cambridge Street becomes Jefferson Davis Highway; thence along Jefferson Davis Highway continuing in a northerly direction parallel to the centerline of Jefferson Davis Highway to a point at the centerline of Courthouse Road; thence continuing in a westerly direction along the centerline of Courthouse Road to five hundred (500) feet west of the centerline of Jefferson Davis Highway; thence continuing in a southerly direction from the centerline of Courthouse Road, parallel to the centerline of Jefferson Davis Highway to a point where Jefferson Davis Highway becomes Cambridge Street; thence continuing in a southerly direction along Cambridge Street to the centerline of Truslow Road; thence, extending along the centerline of Truslow Road to the point of beginning; encompassing all or part of the parcels

listed on Attachment A, attached hereto, as shown on the map entitled "Proposed Route 1 Highway Corridor Overlay District" dated December, 2001, made by the Stafford County Department of Planning and Community Development, a copy of which shall be added to and become part of the Official Zoning Map of Stafford County.(d)   Uses permitted by right.  All uses permitted by right in the underlying land use district(s), shall be permitted by right in the HC unless otherwise specifically made a conditional use by this section.  (e)   Conditional uses.  In addition to the listed uses requiring a conditional use permit (as listed in Table 3.1) in the underlying district, the following uses shall require a conditional use permit when proposed to be established in a HC:  (1)   Car washes, self-service and automated.(2)   Funeral chapel, funeral home, or mortuary.(3)   Convenience stores.(4)   Theaters, arenas, or auditoriums.(5)   Recreational enterprise.(6)   Hotels or motels.(7)   Hospitals.(8)   Motor vehicle fuel sales.(9)   Automobile repair.(10)   Any uses which include drive-through facilities.(f)   Development standards.  All nonresidential uses shall be subject to the use limitations and development standards set forth in the underlying land use district(s) and, in addition, shall be subject to the following HC limitations:  (1)   Access and internal circulation shall be designed so as not to impede traffic on a public street. To such end, access via the following means will be approved:a.   By provisions of shared entrances, interparcel connection and travelways, or on-site service drives connecting adjacent properties.b.   By access from a secondary public street as opposed to the corridor highway.c.   By the internal streets of a commercial, office, or industrial complex.Developers of all parcels or lots within the HC shall submit an access and internal circulation plan to the county for approval which addresses access for the project and the surrounding area.The access plan shall demonstrate the ability to provide adequate access to surrounding properties via cross-easement agreement(s), shared entrances, interparcel connections and travelways, on-site service drives connecting adjacent properties, and/or access by secondary public streets.(2)   Pedestrian circulation shall be provided for and coordinated with that generated from or using adjacent properties. The requirement for the provision of pedestrian circulation for the development of any parcels abutted on both sides along its road frontage to undeveloped parcels may, at the option of the county administrator, be satisfied by the execution and recordation of a sidewalk security agreement between the owner of the property and the county administrator to be prepared by the director of planning. The agreement shall provide for payment of one hundred twenty-five (125) percent of the amount of an engineer's certified cost estimate of the construction of the required sidewalk(s) at the time of permits or by monthly installments during a term not to exceed thirty-six (36) months and shall contain appropriate provisions for acceleration upon the sale or transfer of the property or upon a breach of the terms of the agreement. Payments made pursuant to this section shall also include an administrative fee of one hundred dollars ($100.00) which shall be payable at the time of the execution of the sidewalk security agreement.(3)   Outdoor storage of goods shall be completely screened from view of the corridor highway. Outdoor storage shall include the parking of company owned and operated vehicles, with the exception of passenger vehicles. Outdoor display areas shall not encroach into any required front yard, with the exception that outdoor display areas may extend fifteen (15) feet from the building front; however, in no case shall outdoor display areas be permitted less than fifteen (15) feet from the street right-of-way.

(4)   Parking areas and driveways shall be paved with concrete, bituminous concrete, or other similar material except for low-impact development sites in accordance with the provisions of chapter 21.5 of this Code where pervious paving blocks and other similar materials may be allowed as approved by the agent. Surface treated parking areas and drives shall be prohibited. Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as to not interfere with pedestrian traffic.(5)   Where parking is designed to be located in the front yard setback of the corridor highway, a berm shall be utilized within a designated street buffer. Where no berm is proposed within a designated street buffer, whenever possible, parking areas shall be located to the rear or side of the structure(s) or building(s) they are intended to serve.(6)   Utility lines such as electric, telephone, cable television, or 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. All utility pad fixtures and meters shall be shown on the site plan. The necessity for utility connections, meter boxes, etc., should be recognized and integrated with the architectural elements of the site plan.(7)   Loading areas, service entrances, and service bays shall be oriented and/or screened so as to not be visible from the corridor highway.(8)   Dumpster and other waste disposal or storage areas shall be completely screened from the public view by means of a board-on-board fence and/or landscaping, or similar opaque material approved by the zoning administrator.(9)   Architectural treatment shall be designed so that all building facades of the same building (whether front, side, or rear) will consist of similar architectural treatment in terms of materials, quality, appearance, and detail. No facade portion of a building constructed of unadorned cinderblock, corrugated metal or sheet metal shall be visible from the corridor highway. Mechanical equipment shall be shielded and screened from public view and designed to be perceived as an integral part of the building.(10)   Area and bulk regulations in the HC shall be the same as for the underlying land use district(s), except that: The height of buildings or structures within seventy-five (75) feet of the corridor highway shall not exceed two (2) stories or thirty (30) feet, whichever is less; and where parking areas are provided in a manner such that the structure or building is located between the parking area and the corridor highway, the applicable setback requirement may, at the option of the applicant, be reduced to fifty (50) percent of that otherwise required for the underlying district.(11)   A landscaping and planting plan shall be submitted in conjunction with site plan submittal. Such landscaping and planting plan shall be drawn to scale, including dimensions and distances, and 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 and areas. Landscaping and planting plans shall be prepared by persons practicing in their area of competence.All plant materials shall be living and in a healthy condition. Plant materials used in conformance with the provisions of these specifications shall conform to the standards of the most recent edition of the "American Standard for Nursery Stock," published by the American Association of Nurserymen.Preservation of existing trees is encouraged to provide continuity, improved buffering ability; pleasing scale and image along the corridor. Any healthy, existing tree on site may be included for credit towards the requirements of this section.The owner, or his designee, shall be responsible for the maintenance, repair, and replacement of all landscaping materials as may be required or approved within the scope of these provisions.(12)   Redevelopment or expansion of structures or uses that were in existence prior to the adoption of the HC district and where the square footage of any addition to a structure shall not be more than the square footage of the primary structure shall be exempt from the provisions of section 28-59(f)(5), (6) and (9); provided that such redevelopment shall not result in an increase of outside storage area or display on the undeveloped site.(g)   Reserved.   

(Ord. No. 094-29, § 28-409, 8-9-94; Ord. No. 095-11, 3-7-95; Ord. No. 095-21, 3-21-95; Ord. No. 095-22, 3-21-95; Ord. No. 095-58, 9-5-95; Ord. No. 096-23, 7-23-96; Ord. No. 096-24, 7-23-96; Ord. No. 096-51, 10-15-96; Ord. No. 098-27, 4-21-98; Ord. No. 098-30, 5-5-98; Ord. No. 098-42, 6-2-98; Ord. No. 099-32, 6-15-99; Ord. No. 000-19, 2-15-00; Ord. No. 000-25, 5-16-00; Ord. No. 001-29, 6-5-01; Ord. No. 001-37, 12-11-01; Ord. No. 003-26, 6-17-03; Ord. No. O08-02, 5-6-08)

Sec. 28-60.  Airport Impact District (AD).Reserved.    (Ord. No. 094-29, § 28-410, 8-9-94)

Sec. 28-61.  Reservoir Protection District (RP).Reserved.    (Ord. No. 094-29, § 28-411, 8-9-94)

Sec. 28-62.  Chesapeake Bay Preservation Area Overlay District.(a)   Purpose and intent.    (1)   This section is enacted to implement the requirements of sections 15.2-2283 and 10.1-2100 et seq. of the Code of Virginia, the Chesapeake Bay Preservation Act. The purpose and intent of this section is to:a.   Protect existing high-quality state waters;b.   Restore state waters to a condition or quality that will permit all reasonable public uses and will support the propagation and growth of aquatic life, including game fish, which might reasonably be expected to inhabit them;c.   Safeguard the clean waters of the commonwealth from pollution;d.   Prevent increases in pollution;e.   Reduce existing pollution;f.   Protect and enhance the wise use of environmental resources through management of development;g.   Promote water resource conservation in order to provide for the health, safety, and welfare of the present and future citizens of Stafford County;h.   Prevent a net increase in nonpoint source pollution from new development;i.   Achieve a ten-percent reduction in nonpoint source pollution from redevelopment;j.   Achieve a forty-percent reduction in nonpoint source pollution from agricultural uses.(2)   The Chesapeake Bay Preservation Area Overlay District shall be in addition to and shall overlay all other zoning districts where they are applied so that any parcel of land lying in the district shall also lie in one or more of the other zoning districts provided for by this chapter.(b)   Areas of applicability (district boundaries).  The Chesapeake Bay Preservation Area Overlay District shall apply to all appropriate land in Stafford County. The CRPA maps show the general location of CRPAs and shall be consulted by persons contemplating activities in the county prior to engaging in a regulated activity. The CRPA maps, as amended, together with all explanatory matter thereon, are hereby adopted by reference and declared to be part of this chapter.  (1)   Critical resource protection area (CRPA).    a.   The CRPA shall include:1.   Tidal wetlands.2.   Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;3.   Tidal shores;4.   A one hundred-foot vegetated buffer area located adjacent to and landward of the components listed in subsections 1. through 3. above, and along both sides of any water bodies with perennial flow.b.   Delineation by the applicant. The site-specific boundaries of the CRPA shall be delineated by the applicant through the performance of an environmental site assessment that satisfies the requirements of subsection 28-62(h)(2) of this Code. The county CRPA maps may be used as a guide to the general location of CRPAs, however this does not relieve the applicant of the

requirement of the site-specific delineation of the CRPA. In addition, the administrative authority shall require that an applicant provide a site-specific determination of whether water bodies with perennial flow occur onsite. This determination shall ordinarily be completed by the applicant. The administrator may waive this requirement if during the review process it is determined that the determination is not necessary. The determination of perennial flow may be accomplished by the use of an approved scientifically valid method using field indicators of perennial flow. The applicant shall provide the information used for the determination to the administrator for review.c.   Delineation by the administrative authority. The administrator may perform a delineation when requested by an applicant wishing to construct a single-family residence. The administrator may use an approved site-specific method or the administrator may waive the requirement and complete the delineation based on all available local information. In addition, the administrator may waive the requirement for a site-specific delineation if no evidence of possible CRPA features are identified through the evaluation of all available local information. This information includes topographic maps, soil surveys, and any other applicable mapping.d.   Where conflict arises over delineation. Where the applicant has provided a site-specific delineation of the CRPA, the administrative authority will verify the accuracy of the boundary delineation. In determining the site-specific CRPA boundary, the administrative authority may render adjustments to the applicant's boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the applicant may seek an exception or variance, in accordance with the provisions of this chapter.(2)   Land/resource management area (LRMA). The land/resource management area (LRMA) shall include all areas of the county not designated as a critical resource protection area (CRPA).(c)   Use regulations.  Permitted uses, special permit uses, accessory uses, and special requirements shall be as established by the underlying zoning district, unless specifically modified by the requirements set forth herein.  (d)   Lot size.  Lot size shall be subject to the requirements of the underlying zoning district(s), provided that any lot shall have sufficient buildable area outside the CRPA to accommodate an intended development, when such development is not otherwise allowed in the CRPA.  (e)   Conflict with other regulations.  In any case where the requirements of this overlay district conflict with any other provision of this chapter or the Stafford County Code, whichever imposes the more stringent restrictions shall apply.  (f)   Development conditions.    (1)   Land development in critical resource protection areas may be allowed only when permitted by the administrator and if it is:(a)   Water-dependent and satisfies the conditions of subdivision 1 of this subsection;1.   A new or expanded water dependent facility may be allowed provided that the following criteria are met:a.   It does not conflict with the comprehensive plan;b.   It complies with the performance criteria set forth in section (g) of this article;c.   Any nonwater-dependent component is located outside of the CRPA; andd.   Access to the water-dependent facility will be provided with the minimum disturbance necessary. Where practicable, a single point of access will be provided.(b)   Constitutes redevelopment and satisfies the conditions of subdivision 1 of this subsection;1.   Redevelopment on isolated redevelopment sites shall be permitted only if there is no increase in the amount of impervious cover and no further encroachment within the CRPA and it shall conform to chapter 11 (Erosion and Sediment Control) of this Code, and chapter 21.5 (Stormwater Management) of this Code.(c)   A new use subject to the provisions of section 28-62(g)(2) of this article;(d)   A road or driveway crossing satisfying the conditions set forth insubdivision 1 of this subsection;1.   Roads and driveways not exempt under subsection 28-62(j) and which, therefore, must comply with the provisions of this article, may be constructed in or across CRPAs if each of the following conditions are met:a.   The administrator makes a finding that there are no reasonable alternatives to aligning the road or drive in or across the CRPA;

b.   The alignment and design of the road or driveway are optimized, consistent with other applicable requirements, to minimize encroachment in the CRPA and minimize adverse effects on water quality.c.   The design and construction of the road or driveway satisfy all applicable criteria of this article;d.   The administrator reviews the plan for the road or driveway proposed in or across the CRPA in coordination with the plan of development requirements as required under subsection 28-62(h) or in accordance with the subdivision ordinance.(e)   A flood control or stormwater management facility satisfying the conditions set forth in subdivision 1 of this subsection.1.   Flood control or stormwater management facilities that drain or treat water from multiple development projects or from a significant portion of the watershed may be allowed in the CRPA provided that:(a)   The local government has conclusively established that the proposed location of the facility is the optimum location;(b)   The size of the facility is the minimum necessary to provide necessary flood control, stormwater treatment both;(c)   The facility must be identified in U.S. Army Corps of Engineers permit number 97-1212-45 or be consistent with a stormwater management program that has been approved by the Chesapeake Bay local assistance board as a phase one modification;(d)   All applicable permits for construction in state or federal waters must be obtained from the appropriate state and federal agencies such as the U.S. Army Corps of Engineers, the Virginia Marine Resources Commission, and the Virginia Department of Environmental Quality;(e)   Approval must be received from the local government prior to construction; and(f)   Routine maintenance is allowed to be performed on such facilities to assure that they continue to function as designed.2.   It is not the intent of this subsection to allow a best management practice that collects and treats runoff from only an individual lot or some portion of the lot to be located in the CRPA.3.   Stormwater management facilities that do not meet all of the above criteria shall not be allowed in the CRPA unless a variance has been granted in accordance with the requirements of subsection 28-62(l).(f)   A water quality impact assessment as outlined in this chapter shall be required for any proposed land disturbance, development, or redevelopment within the CRPA.(g)   General performance criteria.    (1)   General performance criteria for development in Chesapeake Bay Preservation Areas (CBPAs).a.   Land disturbance shall be limited to the area necessary to provide for the proposed use or development.1.   The limits of land disturbance, including limits of clearing or grading shall be strictly defined by the approved site plan, construction plan or individual site location plan for a parcel. The limits shall be clearly shown on all plans submitted and land disturbance shall not occur within five (5) feet of the dripline of any strand [stand] of trees to be preserved. The construction footprint shall not exceed the limits for such as designated by the zoning district of the lot or parcel.2.   Ingress and egress during construction shall be limited to approved access points.b.   Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the proposed use or development.1.   Existing trees over two (2) inches diameter at breast height (DBH) outside the limits of land disturbance shall be preserved in accordance with the approved site plan, construction plan or individual site location plan for a parcel. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed.2.   Site clearing for construction activities shall be allowed as approved by the administrator through the plan of development review process outlined under subsection 28-62(h) of this article. Prior to clearing and grading, suitable protective barriers, like safety fencing, shall be erected 5 feet outside the dripline of any tree or around any stand of trees to be preserved.

Protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier.c.   Land development shall minimize impervious cover to promote infiltration of stormwater into the ground consistent with the proposed use or development.1.   Parking areas proposed in the CRPA, the floodway district, theflood-fringe district or the floodplain district shall, to the greatest extent practical, use pervious materials, such as gravel or porous pavement.2.   (Reserved.)d.   Notwithstanding any other provisions of this chapter or waivers or exemptions thereto, any land disturbing activity exceeding two thousand five hundred (2,500) square feet, including construction of all single-family houses, septic tanks, and drainfields, shall comply with the requirements of chapter 11 of this Code.e.   All development and redevelopment in a CBPA exceeding two thousand five hundred (2,500) square feet of land disturbance shall be subject to a plan of development process, including the approval of a site plan in accordance with the provisions of this chapter, or a subdivision plan in accordance with the subdivision ordinance, or an erosion and sedimentation (E&S) plan in accordance with the E&S control ordinance.f.   All on-site sewage disposal systems not requiring a Virginia PollutionDischarge Elimination System (VPDES) permit shall be pumped out at least once every five (5) years, in accordance with the provisions of the state health code.g.   A reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided, in accordance with the state health code. This requirement shall not apply to any lot or parcel recorded prior to October 1, 1989. If a parcel was platted on or before August 1, 1991, the parcel shall be required to provide the reserve sewage disposal site the greatest extent practical, as determined by the local health department. Building or construction of impervious surface shall be prohibited on the area of all sewage disposal sites or on an on-site sewage treatment system which operates under a permit issued by the appropriate state agency, until the structure is served by public sewer.h.   An approved plan of development and all federal and state wetlands permits are required prior to initiating clearing, grading, or other on-site activities on any portion of a lot or parcel. Evidence of above stated permits must be provided to the administrator upon request.i.   Land upon which agricultural activities are being conducted shall undergo a soil and water quality conservation assessment. Such assessment shall evaluate the effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient management and management of pesticides, and where necessary, results in a plan that outlines additional practices needed to ensure that water quality protection is accomplished consistent with this article.j.   For any use or development, stormwater runoff shall be controlled by the use of water quality best management practices consistent with the water quality criteria of chapter 21.5 (Stormwater Management) of this Code.(2)   CRPA buffer area requirements.    a.   To minimize the adverse effects of human activities on the other components of CRPAs, state waters, and aquatic life, a minimum one-hundred-foot buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be retained if present and established where it does not exist for development.b.   Agricultural buffer areas shall be established on or before the fall 1992 growing season.c.   When replanting is required to establish a buffer, a combination of trees, groundcover, and shrubs with a demonstrated ability to improve water quality shall meet the intent of the buffer area.d.   The buffer area shall be located adjacent to and landward of other CRPA components and along both sides of any water body with perennial flow. The full buffer shall be designated as the landward component of the CRPA, in accordance with subsections 62(b) and (h).e.   The one-hundred-foot forested buffer area shall be deemed to achieve a seventy five (75) percent reduction of sediments and a forty-percent reductionof nutrients.f.   The CRPA buffer area shall be maintained pursuant to the following performance standards:

1.   Indigenous vegetation may be removed subject to approval by the administrator, only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices including those that prevent upland erosion and concentrated flows of stormwater, as follows:(a)   Trees may be pruned or removed as necessary to provide for sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint-source pollution from runoff.(b)   Any pathways shall be designed and constructed so as to effectively control erosion.(c)   Dead, diseased, or dying trees or shrubbery may be removed subject to approval by the administrator and pursuant to approved horticultural practices.(d)   For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements.2.   When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, the administrator may, through an administrative process permit encroachments into the buffer area after consideration of subsections 28-62(h) and (i), and in accordance with the following criteria:(a)   Encroachments into the buffer areas shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities; and(b)   Where practicable, a vegetated area that will maximize water quality protection, mitigate the effects of the buffer encroachment, and is equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel.(c)   The encroachment shall not extend into the seaward fifty (50) feet of the buffer area.3.   When the application of the buffer area would result in the loss of buildable area on a lot or parcel recorded between October 1, 1989, and December 2, 2003, encroachments into the buffer area may be allowed through an administrative process in accordance with the following criteria:a.   The lot or parcel was created as a result of a legal process conducted in conformity with the local government's subdivision regulations;b.   Conditions or mitigation measures imposed through a previously accepted exception shall be met;c.   If the use of a best management practice (BMP) was previously required, the BMP shall be evaluated to determine if it continues to function effectively and, if necessary, the BMP shall be re-established or repaired and maintained as required; andd.   The criteria in subdivision (2) of this section must be met.4.   On agricultural lands, the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area and noxious weeds from invading the buffer area. Agricultural activities may encroach into the buffer area as follows:(a)   Agricultural activities may encroach into the landward fifty (50) feet of the one-hundred-foot wide buffer area when at least one agricultural best management practice which, in the opinion of the local soil and water conservation district board, addresses the more predominant water quality issue on the adjacent land--erosion control or nutrient management--is being implemented on the adjacent land, provided that the combination of the undisturbed buffer area and the best management practice achieves water quality protection, pollutant removal, and water resource conservation at least the equivalent of the one-hundred-foot wide buffer area. If nutrient management is identified as the predominant water quality issue, a nutrient management plan, including soil tests, must be developed consistent with the Virginia Nutrient Training and Certification Requirements administered by the Virginia Department of Conservation and Recreation.(b)   Agricultural activities may encroach within the landward seventy-five (75) feet of the one-hundred-foot-wide buffer when agricultural best management practices which address erosion control, nutrient management, and pest chemical control are being implemented on the adjacent land. The erosion control practices must prevent erosion from exceeding the soil loss tolerance level, referred to as "T", as defined in the National Soil Survey Handbook of November, 1996 in

the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resource Conservation Service. A nutrient management plan, including soil tests, must be developed, consistent with the Virginia Nutrient Management Training and Certification Requirements administered by the VA DCR. In conjunction with the remaining buffer area, this collection of BMPs shall be presumed to achieve water quality protection at least the equivalent of that provided by the one-hundred-foot buffer area.(c)   The buffer area is not required for agricultural drainage ditches if the adjacent agricultural land has in place best management practices in accordance with a conservation plan approved by the local soil and water conservation district.(5)   Where land uses such as agriculture or silviculture within the area of the buffer cease and the lands are proposed to be converted to other uses, the full 100-foot buffer shall be reestablished. In reestablishing the buffer, management measures shall be undertaken to provide woody vegetation that assures the buffer functions set forth in this chapter.(6)   Subsequent to the issuance of a building permit and prior to the issuance of an occupancy permit for the construction of a new single-family dwelling, duplex or townhouse on any residential lot or parcel, a sign shall be installed by the owner, builder or developer identifying the landward limits of the CRPA (critical resource protection area). Such signs shall conform to the Critical Resource Protection Area (CRPA) Signage Policy and shall be installed at the expense of the owner, builder or developer in accordance with the Critical Resource Protection Area (CRPA) Signage Policy.(h)   Plan of development process.    (1)   Required information.  In addition to the requirements specified in Chapters 11 and 22 of the Stafford County Code, the plan of development process for CBPAs shall consist of the plans and studies identified below. These required plans and studies may be coordinated or combined, as deemed appropriate by the administrative authority. The administrative authority may determine that some of the following information is unnecessary due to the location, scope, or nature of the proposed development.  The following plans or studies shall be submitted, unless otherwise provided for:a.   A plan of development in accordance with the provisions of this chapter or chapter 22 of this Code;b.   An environmental site assessment;c.   A landscaping element;d.   A stormwater management plan in accordance with chapter 21.5 of this Code;e.   An erosion and sediment control plan in accordance with the provisions of chapter 11 of this Code;f.   Individual CRPA site location plan.(2)   Environmental site assessment.  An environmental site assessment shall be submitted in conjunction with any plan of development. The administrator may waive the requirement for an environmental site assessment, in accordance with subsection 28-62(b)(1)(c).  a.   The environmental site assessment shall be drawn to scale and clearly delineate the following environmental features:1.   Tidal wetlands;2.   Tidal shores;3.   Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;4.   Water bodies with perennial flow;5.   A one-hundred-foot buffer area located adjacent to and landward of the components listed in paragraphs 1. through 4. above.b.   Wetlands delineations shall be performed consistent with the procedures specified by the U.S. Army Corps of Engineers.c.   The environmental site assessment shall delineate the site-specific geographic extent of the CRPA.d.   The environmental site assessment shall be drawn at the same scale as the plan of development, and shall be certified as complete and accurate by professionals practicing in their field of competence.

(3)   Landscaping element.  A landscaping element shall be included in conjunction with site plan approval. No clearing or grading of any lot or parcel shall be permitted without approved plans.  Plans depicting landscaping elements shall be prepared or certified by design professionals practicing within their areas of competence.a.   Contents of the landscaping element.1.   The landscaping element shall be drawn to scale and generally show the location and description of existing and proposed plant material. Where there are groups of trees, stands may be outlined instead. Trees to be removed within the limits of clearing and grading shall be clearly delineated.2.   Any required buffer area shall be clearly delineated and any plant material to be added to establish or supplement the buffer area, as required by this chapter, shall be shown.3.   Within the buffer area, vegetation to be removed for sight lines, vistas, access paths, and best management practices, as provided for in this chapter, shall be shown. Vegetation required by this chapter to replace any existing vegetation within the buffer area shall also be shown.4.   Vegetation to be removed for shoreline stabilization projects and any replacement vegetation required by this chapter shall be shown.5.   The landscaping element shall depict grade changes or other work adjacent to trees which would affect them adversely. Specifications shall be provided as to how grade, drainage, and aeration would be maintained around trees to be preserved.6.   The landscaping element shall include specifications for the protection of existing trees during clearing, grading, and all phases of construction.b.   Plant specifications.1.   All plant materials necessary to supplement the buffer area shall be installed according to standard planting practices and procedures.2.   All supplementary or replacement plant materials shall be living and in a healthy condition. Plant materials shall conform to the standards of the most recent edition of the American Standard for Nursery Stock, published by the American Association of Nurserymen.3.   Where areas to be preserved within the CRPAs and mitigation areas, as designated on an approved site plan or individual site location plan for a parcel, are encroached, replacement of existing trees over six (6) inches DBH will be achieved at a ratio of three (3) planted trees to one removed. Replacement trees shall be a minimum three and one-half (3.5) inches DBH at the time of planting.c.   Maintenance.1.   The property owner shall be responsible for the maintenance and replacement of all vegetation as may be required by the provisions of this chapter.2.   In buffer and/or mitigation areas, required by a site plan or individual site location plan, plant material shall be tended and maintained healthy growing condition and free from refuse and debris. Diseased plant materials shall be replaced during the next planting season, as required by the provisions of this chapter.(4)   Stormwater management plan.  A stormwater management plan shall be submitted as part of the plan of development process required by this chapterand in conjunction with plan approval. The contents of the plan shall be in accordance with the requirements of chapter 21.5 of this Code.  (5)   CRPA individual site location plan.  A CRPA individual site location plan shall be required for all land disturbing activities located in the CRPA. This plan shall be submitted in conjunction with an application for a single-family residential building permit, grading permit or plan submitted in compliance with chapter 11 of this Code. This requirement shall not apply to those lots associated with an approved site plan or subdivision plan that meets the requirements of this chapter. The CRPA individual site location plan shallclearly delineate the CRPA and any proposed mitigation measures. The administrative authority shall review the CRPA individual site location plan and determine whether the encroachment is warranted The administrative authority may approve, modify on deny the plan.  (6)   Final plans of development.  Final plans of development for all lands within CBPAs shall include the following additional information:  a.   The site-specific delineation of the critical resource protection area boundary;

b.   The site-specific delineation of required buffer areas of the CRPA;c.   All wetlands permits required by law;d.   A BMP maintenance agreement in accordance with chapter 21.5 of this Code.(7)   Installation and security requirements.    a.   Where buffer areas, landscaping, stormwater management facilities or other specifications of an approved plan are required, no certificate of occupancy shall be issued until the installation of required plant materials or facilities is completed, in accordance with the approved site plan.b.   When the occupancy of a structure is desired prior to the completion of the required landscaping, stormwater management facilities, or other specifications of an approved plan, a certificate of occupancy may be issued only if the applicant provides to the administrative authority security in a form and amount which is in accordance with the Stafford County Security Policy.(i)   Water quality impact assessment.    (1)   Purpose and intent.  The purpose of the water quality impact assessment is to (i) identify the impacts of proposed land disturbance, development or redevelopment on water quality and lands within CBPAs; (ii) provide for administrative relief from the terms of this chapter when warranted and in accordance with the requirements contained herein; and (iii) specify mitigation which will address water quality protection.  (2)   When required.  A water quality impact assessment is required for:  (a)   Any proposed land disturbance, development, or redevelopment within a CRPA, including any buffer area encroachment;(b)   Any land disturbance, development, or redevelopment in an LRMA as deemed necessary by the administrative authority due to the unique characteristics of the site or intensity of the proposed development. The administrative authority when requested by the applicant proposing to construct a single-family residence in the CRPA shall perform a water quality impact assessment.(c)   The water quality impact assessment shall not be required prior to submission of a site plan or application for a single-family residence building permit.(d)   There shall be two (2) levels of water quality impact assessments: A minor assessment and a major assessment.(3)   Minor water quality impact assessment.  A minor water quality impact assessment pertains only to land disturbance, development, or redevelopmentwithin CRPAs which causes no more than five thousand (5,000) square feet of land disturbance and requires any encroachment into the landward fifty (50) feet of the one hundred-foot buffer area. A minor assessment must demonstrate through acceptable calculations that the remaining buffer and necessary best management practices will result in removal of no less than seventy-five (75) percent of sediments and forty (40) percent of nutrients from post development stormwater runoff. A minor assessment shall include a site drawing to scale which shows the following:  a.   Location of the components of the CRPA, including the one hundred-foot buffer area;b.   Location and nature of the proposed encroachment into the buffer area, including: Type of paving material; areas of clearing or grading; location of any structures, drives, or other impervious cover; and sewage disposal systems or reserve drainfield sites.c.   Type and location of proposed best management practices to mitigate the proposed encroachment.d.   Location of existing vegetation onsite, including the number and type of trees and other vegetation to be removed in the buffer to accommodate the encroachment or modification.e.   A revegetation plan that supplements the existing buffer vegetation in a manner that provides for pollutant removal, erosion, and runoff control.(4)   Major water quality impact assessment.  A major water quality impact assessment shall be required for any land disturbance, development, or redevelopment which exceeds five thousand (5,000) square feet of land disturbance within CRPAs and requires any encroachment into the landward fifty (50) feet of the one-hundred-foot buffer area, or disturbs any portion of the seaward fifty (50) feet of the one-hundred-foot buffer area or any other components of an CRPA, or is located in an LRMA and is deemed necessary by the administrative authority. The information required in this section shall be considered a minimum, unless the administrative

authority determines that some of the elements are unnecessary due to the scope and nature of the proposed use and development of land.  A water quality impact assessment shall not be required for commercial or industrial uses that disturb less than twenty thousand (20,000) square feet of land or individual single-family lots, located within the LRMA and outside the CRPA. The following elements shall be included in the preparation and submission of a major water quality assessment:a.   All of the information required in a minor water quality impact statement, as specified in section 28-62(i)(3);b.   A hydrogeological element which shall:1.   Describe the existing topography, soils, hydrology and geology of the site and adjacent lands.2.   Describe the impacts of the proposed development on topography, soils, hydrology and geology on the site and adjacent lands.3.   Indicate the following:(a)   Disturbance or destruction of wetlands in CRPAs and justification for such action;(b)   Disruptions or reductions in the supply of water to wetlands, streams, lakes, rivers or other water bodies;(c)   Disruptions to existing hydrology including wetland and stream circulation patterns;(d)   Description of proposed fill material;(e)   Location of dredge material and location of dumping area for such material;(f)   Estimation of pre- and post-development pollutant loads in runoff;(g   Estimation of pre- and post-development pollutant loads in runoff;(h)   Estimation of percent increase in impervious surface on site and types of surfacing materials used;(i)   Percent of site to be cleared for project;(j)   Anticipated duration and phasing schedule of construction project;(k)   Listing of all requisite permits from all applicable agencies necessary to develop project.(l)   Descriptions of the proposed mitigation measures for the potential hydrogeological impacts. Potential mitigation measures may include, but are not limited to:i.   Proposed erosion and sediment control concepts. Concepts may include minimizing the extent of the cleared area, perimeter controls, reduction of runoff velocities, measures to stabilize disturbed areas, schedule and personnel for site inspection;ii.   Proposed stormwater management system; andiii.   Minimizing excavation and fill.c.   A landscape element for areas within CBPAs that:1.   Identifies the general location of all significant plant material on site. Where there are groups of trees, stands may be outlined.2.   Describes the impacts the development or use will have on the existing vegetation. Information should include:(a)   General limits of clearing, based on all anticipated improvements, including buildings, drives, and utilities;(b)   Clear delineation of all trees which will be removed;(c)   General description of plant material to be disturbed or removed.3.   Describes the potential measures for mitigation. Possible mitigation measures which may include, but are not limited to:(a)   Replanting schedule for vegetation removed for construction, including a list of possible planting materials to be used;(b)   Demonstration that the design of the plan will preserve to the greatest extent possible any significant vegetation on the site;(c)   Demonstration that indigenous plants are to be used to the greatest extent possible.d.   A wastewater element, where applicable, that:1.   Includes calculations and locations of anticipated drainfield or wastewater irrigation areas;2.   Provides justification for sewer line locations in CBPAs, where applicable, and describes construction techniques and standards;3.   Discusses any proposed on-site collection and treatment systems, their treatment levels, and impacts on receiving watercourses;

4.   Describes the potential impacts of the proposed wastewater systems, including the proposed mitigative measures for these impacts.e.   Identification of the existing characteristics and conditions of sensitive lands included as components of CRPAs, as defined in this chapter.f.   A general identification of the natural processes and ecological relationships inherent in the site, and an assessment of the impact of the proposed use and development of land on these processes and relationships.(5)   Submission and review requirements.    a.   Five (5) copies of all site drawings and other applicable information as required by subsections (c) and (d) above shall be submitted to the administrative authority for review.b.   All information required in this section shall be certified as complete and accurate by a professional practicing in his field of competence.c.   A major or minor water quality impact assessment shall be prepared and submitted to and reviewed by the administrative authority in conjunction with plan submission.d.   As part of any major water quality impact assessment submittal, the administrative authority may require review by the Chesapeake Bay Local Assistance Department (CBLAD). Upon receipt of a major water quality impact assessment, the administrative authority will determine if such review is warranted and may request CBLAD to review the assessment and respond with written comments. Comments by CBLAD will be incorporated into the final review by the administrative authority, provided that such comments are provided by CBLAD within ninety (90) days of the request.(6)   Evaluation procedure.    a.   Upon the completed review of a minor water quality impact assessment, the administrative authority will determine if any proposed modification or reduction to the buffer area is consistent with the provisions of this chapter and make a finding based upon the following criteria:1.   The justification for the proposed encroachment and the ability to place improvements elsewhere on the site to avoid disturbance of the buffer area;2.   Minimization of impervious surface;3.   The extent to which proposed best management practices achieve the requisite reductions in pollutant loadings;4.   The extent which the development proposal meets the purpose and intent of this chapter;5.   The cumulative impacts (degradation) on water quality of the proposed development, when considered in relation to other existing and proposed development in the vicinity.b.   Upon the completed review of a major water quality impact assessment, the administrative authority will determine if the proposed development is consistent with the purpose and intent of this chapter and make a finding based upon the following criteria:1.   Within any CRPA, the proposed development is water-dependent;2.   The disturbance of any wetlands in CRPAs will be minimized;3.   The development will not result in significant disruption of the hydrology of the site;4.   The development will not result in significant degradation to aquatic vegetation or life;5.   The development will not result in unnecessary destruction of plant materials on site;6.   Proposed erosion and sediment control concepts are adequate to achieve the reductions in erosion and prevent off-site sedimentation;7.   Proposed stormwater management concepts are adequate to control the stormwater runoff to achieve water quality control in accordance with chapter 21.5 of this Code;8.   Proposed revegetation of disturbed areas will provide adequate erosion and sediment control benefits;9.   The design and location of any proposed drainfield will be in accordance with the requirements of this chapter;10.   The development, as proposed, is consistent with the purpose and intent of this chapter;11.   The cumulative impact of the proposed development, when considered in relation to other development in the vicinity, both existing and proposed, will not result in a significant degradation of water quality.c.   The administrative authority shall require additional information where it is determined potential impacts have not been adequately addressed and may require additional mitigation measures based on the criteria listed above in subsections b.(1) and b.(2).

d.   The administrative authority shall find the proposal to be inconsistent with the purpose and intent of this chapter when the impacts created by the proposal cannot be mitigated. Evaluation of the impacts will be made by the administrative authority based on the criteria listed above in subsections a. and b.(j)   Nonconforming uses and noncomplying structures.    (1)   The administrator may permit the continued use, but not necessarily the expansion, of any structure in existence on May 21, 1991, the date of local program adoption. The administrator may waive or modify the criteria of this part through an administrative review process for structures on legal nonconforming lots or parcels provided that:(a)   There will be no net increase in nonpoint-source pollution load; and(b)   Any development or land disturbance exceeding an area of two thousand five hundred (2,500) square feet complies with all erosion and sediment control requirements.(c)   An application for a nonconforming use and/or waiver shall be made to and upon forms furnished by the administrator and shall include for the purpose of proper enforcement of this section, the following information:(1)   Name and address of applicant and property owner;(2)   Legal description of property and type of proposed use and development;(3)   A sketch of the dimensions of the lot or parcel, location of buildings and proposed additions relative to the lot lines, and boundary of the CRPA;(4)   Location and description of any existing private water supply or sewage system.(d)   A nonconforming use and development waiver shall become null and void twelve (12) months from the date issued if no substantial work has commenced.(e)   An application for the expansion of a legal principal nonconforming structure may be approved by the administrator through an administrative review process provided the following findings are made:(1)   The request for the waiver is the minimum necessary to afford relief;(2)   Granting the waiver will not confer upon the applicant any specific privileges that are denied by this article to other property owners in similar situation;(3)   The waiver is in harmony with the purpose and intent of this article and does not result in water-quality degradation;(4)   The waiver is not based on conditions or circumstances that are self-created or self-imposed;(5)   Reasonable and appropriate conditions are imposed, as warranted, that will prevent the waiver from causing a degradation of water quality;(6)   Other findings as appropriate and required by the county are met; and(7)   In no case shall this provision apply to accessory structures.(2)   This chapter shall not be construed to prevent the reconstruction of preexisting structures within CBPA areas occurring as a result of casualty loss unless otherwise restricted by other ordinances.(k)   Exemptions.    (1)   Construction, installation, operation, and maintenance of electric, natural gas, fiber optic, telephone transmission lines, railroads and public roads and their appurtenant structures in accordance with (a) regulations promulgated pursuant to the Erosion and Sediment Control Law (§ 10.1-560 et seq. of the Code of Virginia), and the Stormwater Management Act (§ 10.1-603.1 et seq. of the Code of Virginia), (b) an erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Conservation and Recreation, or (c) local water quality protection criteria at least as stringent as the above state requirements will be deemed to constitute compliance with this chapter. The exemption of public roads is further conditioned by the following:(a)   Optimization of the road alignment and design, consistent with other applicable requirements, to prevent or otherwise minimize:(1)   Encroachment into the critical resource protection area; and(2)   Adverse effects on water quality.(b)   All public roads shall be exempt from the requirements of this chapter as long as it is determined that there is no other reasonable alternative to locating the road in or through the CRPA and they meet the criteria listed above.

(2)   Exemptions for local utilities and other service lines.  Construction, installation, and maintenance of water, sewer, and local natural gas lines, underground telecommunications lines, and cable television lines owned or permitted by a local government or regional service authority shall be exempt from these overlay district requirements provided that:  a.   To the degree possible, the location of such utilities and facilities shall be outside CRPAs;b.   No more land shall be disturbed than is necessary to provide for the proposed utility or facility installation;c.   All construction, installation, and maintenance of such utilities and facilities shall be in compliance with all applicable state and federal requirements and permits and designed and conducted in a manner that protects water quality; andd.   Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet complies with all county erosion and sediment control requirements.(3)   Exemptions for silviculture activities.  Silviculture activities are exempt from this chapter provided that silvicultural operations adhere to water quality protection procedures prescribed by the Virginia Department of Forestry in the January 1997 edition of "Virginia Forestry Best Management Practices for Water Quality". The department of forestry will oversee and document installation of best management practices and will monitor in-stream impacts of forestry operations in Chesapeake Bay preservation areas.  (4)   Exemptions in critical resource protection areas.  The following land disturbances in CRPAs shall be exempted from these overlay district requirements;  a.   Water wells;b.   Passive recreation facilities such as boardwalks, trails, and pathways; andc.   Historic preservation and archaeological activities, provided that it is demonstrated that:1.   Any required permits, except those to which this exemption specifically applies, have been issued;2.   The applicant submits sufficient and reasonable evidence to the administrative authority showing that the intended use will not deteriorate water quality;3.   The intended use does not conflict with nearby planned or approved uses; and4.   Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet shall comply with all county erosion and sediment control requirements.(5)   Exemptions for usual and customary activities in CBPAs.  The following activities shall be exempted from these overlay district requirements:  a.   Lawn maintenance, including grass cutting;b.   Home gardening;c.   General woodlot management;d.   Maintenance of lawfully permitted bulkheads, piers, riprap, and other shoreline stabilization structures;e.   Maintenance of drives, walks, and other access ways; andf.   Other similar activities.(l)   Variances.    (1)   A request for a variance to the requirements of subsections 28-62(f) and (g)(2) shall be made in writing to the board of zoning appeals. It shall identify the impacts of the proposed exception on water quality and on lands within the critical resource protection area through the performance of a water quality impact assessment which complies with the provisions of subsection 28-62(i)(2)   The county shall notify the affected public of any such variance requests and shall consider these requests in a public hearing in accordance with § 15.2-2204 of the Code of Virginia, except that only one hearing shall be required.(3)   The board of zoning appeals shall review the request for a variance and the water quality impact assessment and may grant the variance with such conditions and safeguards as deemed necessary to further the purpose and intent of this article if the board of zoning appeals finds:(a)   Granting the variance will not confer upon the application any special privileges denied by this Article to other property owners in the overlay district;

(b)   The variance request is not based on conditions or circumstances that are self-created or self-imposed, nor does the request arise from conditions or circumstances either permitted or non-conforming that are related to adjacent parcels;(c)   The variance request is the minimum necessary to afford relief;(d)   The variance request will be in harmony with the purpose and intent of the overlay district, not injurious to the neighborhood or otherwise detrimental to the public welfare, and is not of substantial detriment to water quality; and(e)   Reasonable and appropriate conditions are imposed which will prevent the variance request from causing a degradation of water quality.(4)   If the board of zoning appeals cannot make the required findings or denies the variance, the board of zoning appeals shall return the request for a variance together with the water quality impact assessment and the written findings and rationale for the decision to the applicant.(5)   A request for a variance to the requirements of provisions of this article other than subsections 28-62(f) and (g)(2) shall be made in writing to the administrator. The administrator may grant these variances provided that:a.   Variances of the requirements are the minimum necessary to afford relief; andb.   Reasonable and appropriate conditions are placed upon any variance that is granted, as necessary, so that the purpose and intent of this article is preserved.c.   Variances to the provisions of [subsection] 28-62(g)(1) may be granted provided that the findings noted under [subsections] 28-62(l)(3)(a--e) are made.(m)   Penalties.  In addition to the penalties identified in article XVII of this chapter, for any land disturbing activity in a CRPA that occurs without an approved county plan or in violation of an approved county plan, the violator shall be subject to mitigation. Such mitigation shall be by replacement of all vegetation removed at a rate of two (2) plantings for every plant removed, unless the administrative authority determines that fewer plantings are required to meet the same pollutant removal levels that existed prior to the violation. All vegetation to be used for mitigation shall be approved by the administrative authority.  (Ord. No. 094-29, § 28-412, 8-9-94; Ord. No. 095-54, 7-18-95; Ord. No. 001-81, 11-20-01; Ord. No. 003-07, 12-2-03; Ord. No. O08-56, 9-16-08)

Sec. 28-63.  Military Facility Impact Overlay District (MZ).(a)   Purpose and intent.  Stafford County wishes to recognize the existence of the Marine Corps Combat Development Command (MCCDC) at Quantico and other military facilities in the region. The county further recognizes the positive impact of these facilities on the local community, both socially and economically, and wishes to protect the integrity of these facilities as valuable resources in the community. Therefore, the purposes of the Miliary [Facility] Impact Overlay (MZ) District are:  (1)   To ensure that prospective buyers of real estate in the vicinity of miliary facilities, such as Quantico and Fort A. P. Hill, are aware of the presence of the bases, their operations, and the potential impacts that they may have upon noise-sensitive land uses; and(2)   To protect the integrity of the operations and continued existence of these military facilities by establishing and delineating a geographic area which is subject to noise and shock tremors caused by activities related to the normal operations of such facilities, such as low-level aircraft runs, bombing, or artillery practice.It is the intent of the county that, by designating these areas as separate zoning districts, prospective buyers of property which is located in the MZ district will have advance knowledge of the existence and impacts of the military facilities, before completing the purchase of the property, thus minimizing complaints regarding base operations.(b)   Designation of district.  Areas of the county which are to be included in the Military [Facility] Impact Overlay (MZ) District shall be designated by separate ordinance by the board of supervisors, pursuant to Article XII of this chapter.  All parcels and lots which are located within the MZ district shall be so designated on the official zoning map(s) of Stafford County, along with the underlying zoning designation.(Ord. No. 094-29, § 28-413, 8-9-94)

Sec. 28-64.  Airport impact overlay district (AD).(a)   Purposes of the AD.  The AD overlay district is established in furtherance of the purpose set forth in section 15.2-2294, Code of Virginia 1950, as amended, and in general to regulate and restrict the height of structures and objects or natural growth, and otherwise regulate the use of property in the vicinity of general aviation airports in the County of Stafford by creating appropriate zones and establishing boundaries thereof. It is further the intent of this chapter to regulate potential obstructions of any airport zone. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the airports and residents in the County of Stafford; and that an obstruction may reduce the size of areas available for landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airports and the public investment therein. Accordingly, it is stated:  (1)   That it is necessary in the interest of the public health, safety or general welfare that the creation or establishment of obstructions that are hazards to air navigation be prevented;(2)   That the creation or establishment of an obstruction has the potential for being a public nuisance and may damage the area served by the airports;(3)   That the County of Stafford derives economic development and enhanced interstate commerce from airports within the county, when such airports and their surrounding vicinity are held strictly to the highest possible safety standards.(b)   Establishment of districts.  The airport impact overlay district (AD) shall be designated by the board of supervisors by Ordinance No. O03-45 and shall overlay all other zoning districts where it is applied so that any parcel of land lying in an AD shall also lie within one or more other land use districts provided for by this chapter. The regulations and requirements of both the underlying district(s) and the AD shall apply; provided, however, that when the regulations applicable to the AD conflict with the regulations of the underlying district, the more-restrictive regulations shall apply.  (c)   District boundaries.    (1)   AD boundaries shall be as designated on the official zoning map, as ordained by Ordinance No. O03-45.(2)   The source and specific geometric design standards for these zones are to be found in part[s] 77.25, 77.28, and 77.29, subchapter E (Airspace), of title 14 of the Code of Federal Regulations, or in successor federal regulations.(3)   The district boundaries shall be described as follows:a.   Airport zone.  An area that is centered about the runway and primary surface, with the floor set by the horizontal surface.  b.   Approach zone.  The inner edge approach zone coincides with the width of the primary surface and begins two hundred (200) feet from each runway. The south approach zone slopes fifty (50) feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline. The north approach zone slopes thirty four and one tenth (34.1) feet outward from each one foot upward, beginning at the end of and at the same elevation of the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline. The inner dimension is one thousand (1,000) feet and the outer dimension is four thousand (4,000) feet.  c.   Conical zone.  The area that commences at the periphery of the horizontal zone and extends outward there from for a distance of four thousand (4,000) feet.  d.   Horizontal zone.  The area that is established by swinging arcs of ten thousand (10,000) feet radii from the center of the end of the primary surface of an airport runway and connecting adjacent arcs by drawing lines tangent to those areas. The horizontal zone does not include the approach and transitional zones.  e.   Runway clear zone.  The area that begins at the end of the primary surface on the runway ends and extends, with the width of each approach surface defined in part 77.25D, subchapter E (Airspace), of title [14] of the Code of Federal Regulations, or in successor federal regulations. The clear zone on the north end of the runway is one thousand (1,000) feet wide where it connects to the primary surface and one thousand five hundred (1,500) feet wide at its northern edge and it extends south/north one thousand seven hundred (1,700) feet. The clear zone on

the south end of the runway is one thousand (1,000) feet wide where it connects to the primary surface and one thousand seven hundred fifty (1,750) feet wide at its southern boundary and it extends north/south two thousand five hundred (2,500) feet.  f.   Transitional zone.  The area that fans away perpendicular to any airport runway centerline and approach surfaces, with the floor elevation set by the transitional surfaces.  (d)   Development standards.  All uses shall be subject to the use limitations and development standards set forth in the underlying land use district(s) and, in addition, shall be subject to the following AD limitations:  (1)   Within the area below the horizontal limits of any zone established by this section, no use may be made of land or water in such a manner as to:a.   Create electrical interference with navigational signals or radio communication between the airport and aircraft;b.   Diminish the ability of pilots to distinguish between airport lights and other lights;c.   Result in glare in the eyes of pilots using the airport;d.   Impair visibility in the vicinity of the airport;e.   Create the potential for bird strike hazards; orf.   Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft in the vicinity of and intending to use the airport.(2)   Except as provided elsewhere in this chapter, in any AD district, no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface (also known as the floor) at any point of any zone provided for in section 28-64(c)(3).(3)   The height restrictions (known as floors) for the individual zones shall be those planes delineated as surfaces in part[s] 77.25, 77.28 and 77.29, subchapter E (Airspace), of title 14 of the Code of Federal Regulations, or in successor federal regulations where those elevations when applied to individual properties restrict height of buildings or structures below the maximum height permitted in the underlying district.(4)   In addition to the provisions as specified in subsection 28-182(b), an application for a zoning permit shall contain sufficient geometric specificity for determination by the zoning administrator or his designee that the application meets the provisions of this chapter.(5)   Notwithstanding section 28-273, the owner of any existing nonconforming structure or vegetation is required to permit the installation, operation and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, zoning administrator or his designee to indicate to the operators of aircraft, the presence of that airport obstruction. These markers and lights shall be installed, operated and maintained at the expense of the airport owners.(Ord. No. 003-45, 7-1-03)

Sec. 28-65.  Historic Gateway Corridor Overlay District (HG).(a)   Purpose and intent of the HG.  The Historic Gateway Corridor Overlay District (HG) is intended to implement the comprehensive plan's goal of protecting cultural resources by guiding new development along the major entrance routes to the designated areas. Historical, archaeological, cultural, and scenic resources throughout the county are accessed by major highways and streets that have a visual and physical impact on these areas that are significant to Stafford County's past, present, and future. The district is created to ensure the continued role of these significant resources while enhancing the physical areas that surround them that are viewed by tourists and residents alike who travel these roads.  (b)   Establishment of districts.  The Historic Gateway Corridor Overlay District (HG) shall be designated by the board of supervisors to protect and enhance the significant historical, archaeological, cultural, and scenic resources by controlling new development along arterial streets or highways designated by the board of supervisors. The Historic Gateway Overlay District (HG) shall overlay all other zoning districts where it is applied. The regulations and requirements of both the underlying districts and those of the Historic Gateway Corridor Overlay District (HG) shall apply, however, that when the regulations applicable to the Historic Gateway Overlay District (HG) conflict with the regulations of the underlying district, the more restrictive regulations shall apply. 

(c)   District boundaries.  HG district boundaries shall be designated on the official zoning map.  (i)   Length of the district shall be established by fixing points of the beginning and end in the centerline of a street.(ii)   Width will be established by designation of the distance on one or both sides from the centerline to which the overlay district shall extend; or, by a description of coterminous property boundaries of lots along such street, or highway; or, by using visible geographic features.(d)   Uses permitted by right.  All uses permitted by right in the underlying land use district(s), shall be permitted by right in the HG unless otherwise specifically made a conditional use by this section.  (e)   Conditional uses.  All uses requiring a conditional use permit in the underlying land use district(s), shall require a conditional use permit when such uses are proposed in the HG.  (f)   Development standards.  All new development shall be subject to the use, limitations, and development standards set forth in the underlying land use district(s) and, in addition, shall be subject to the following HG limitations:  (1)   Architectural styles of buildings within the HG do not need to be exact replicas of historic sites. Rather, new development shall harmoniously blend within the HG with existing historic buildings, structures, sites, and objects. Franchise designs are unacceptable, as are unadorned "box-like" buildings. Instead, applicants are encouraged to use the existing historic architecturalfabric of Stafford County historic resources as a guide in designing buildings within the HG.(2)   All new development within the HG shall be designed in a harmonious manner with the existing natural environment. The preservation of trees on site shall be practiced except to accommodate ingress/egress, parking, building development, and other necessary infrastructure. Where required, street trees shall be of native species.(3)   All new construction for buildings or structures, including signs within the HG shall be approved by the Stafford County Architecture Review Board (ARB) prior to approval of any application for development.(4)   Appeal to the BOS.a.   Any owner or owners of real property within Stafford County who are jointly or severally aggrieved by a decision of the ARB, may appeal the decision to the board of supervisors by filing a written petition with the agent within thirty (30) days of that decision. The board of supervisors, after consultation with the ARB, may reverse the decision of the ARB, in whole or in part, or it may affirm the decision of the ARB.b.   Any owner or owners of real property within Stafford County who are jointly or severally aggrieved by a final decision of the board of supervisors, may appeal to the Circuit Court of Stafford County for review of that decision by filing a petition at law setting forth the alleged illegality within thirty (30) days of the final decision of the board, in accordance with section 15.2-2306, Code of Virginia 1950, as amended. The court may reverse or modify the decision of the board of supervisors, in whole or in part, if it finds upon review that the decision of the board is contrary to the law or that its decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the board of supervisors.(g)   Design specifics.    (1)   Building form and scale shall be mindful of the existing historic fabric. No building shall dominate others within the same development. Efforts shall be taken to reduce the scale of large warehouse buildings by designing the facade of such buildings as multiple buildings clustered together. All new development shall be designed with a human scale.(2)   Architectural materials should be consistent with or reflective of those used in the construction of existing historic resources located throughout the county.(3)   All utilities fixed to buildings shall be shielded from public view on buildings by incorporating them into the design of the building or concealing them through parapet walls or other architectural features.(4)   Building facades shall be symmetrical where applicable.(5)   Franchise designs shall be tailored to meet these requirements.(6)   Accessory structures shall be consistent with the overall site development including building treatment and materials.

(7)   Outdoor storage of equipment and materials shall be screened from all right-of-ways within the HG using fencing, walls, or planting materials. The fences or walls shall be consistent with the overall site development including building treatment and materials.(8)   No banners shall be installed on any building within the HG.(9)   No amplified speaker system shall be used outdoors within the HG.(10)   Signage shall be designed to complement the building by using similar materials and designs.(11)   Freestanding sign shall be monument signs with a maximum height of eight (8) feet and shall be designed with materials that compliment the building.(12)   Lighting in signage shall not create a glare.(13)   Colors within signs shall be coordinated with the building and shall not be overly intense.(14)   All utilities on site shall be located underground.(15)   Parking, loading and service area shall be oriented away from or shielded from the rights-of-way with walls or planting.(16)   Unless required by another regulation, sidewalks shall be provided along all road frontage of the site. There shall be a separation of a minimum of five (5) feet between the sidewalk and the edge of the road(s). It is recommended the required street trees are located in this strip.(Ord. No. O05-21, 3-15-05)

Sec. 28-66.  P-TND, Planned-Traditional Neighborhood Development.(a)   Permitted uses.    (1)   For the P-TND district, the permitted uses shall be as set forth in table 3.1 of article III for P-TND districts.(2)   In addition to table 3.1, the permitted uses within specific transect zones shall be as set forth in Tables 3.2(a), (b), (c), (d), (e), (f), (g) and (h).(b)   Density and intensity of development.    (1)   The gross residential density in a P-TND district shall not exceed the maximum gross density as set forth table 3.1 of article III for P-TND districts.(2)   The permitted maximum gross residential density for specific transect zones shall be as set forth in table 3.5(b).(c)   Landscape, buffering and screening.  The P-TND shall be exempt from sections 28-82 and 28-86. A P-TND development shall only be subject to the transitional buffer requirements along the perimeter of the P-TND, if applicable, per section 110.3 of the DCSL.  (d)   Parking and loading.    (1)   The P-TND shall be exempt from article VII.(2)   The parking and loading requirements for all uses within a P-TND shall be as set forth in tables 3.3(a) and 3.3(c).(3)   Shared parking for uses within the P-TND shall be as set forth in table 3.3(b).(e)   [Exemption.]  The P-TND shall be exempt from article VIII.  (f)   On-street parallel parking and detached parking garages.  On-street parallel parking shall be permitted in a P-TND district. The number of parking spaces required for off-street parking requirements specified in table 3.3(a) of this section shall be required, except that all on-street parallel parking spaces provided shall count towards the off-street parking requirements and shall be located within one hundred fifty (150) feet of the dwelling they are intended to serve. Parking spaces in garages on individual residential lots shall count toward off-street parking requirements, however, the driveway accessing the private parking garage shall not be considered towards the required number of parking spaces even if the area of the driveway is adequate for a parking space. Where on-street parallel parking is provided, a travel aisle in accordance with the Virginia Department of Transportation Subdivision Street Requirements or the requirements of Stafford County if any exceed VDOT Subdivision Requirements, shall be provided, in addition to that necessary to accommodate the on-street parallel parking.  (g)   Architectural design controls.  The architectural design controls shall be included with the neighborhood design standards. Technical modifications or adjustments to the neighborhood design standards may be permitted in accordance to subsection 28-56(g).  (Ord. No. O07-39, 7-17-07)

Sec. 28-67.  Potomac River Resource Protection (PRRP) Overlay District.(a)   Purpose and intent.  Stafford County wishes to recognize the existence of sensitive water resources within the Potomac River Basin. The county further recognizes the positive impact of these resources on the local community and economy and wishes to protect the integrity of these resources. Therefore, the purposes of the PRRP Overlay district are to:  (1)   Protect streams, floodplains, slopes equal to or greater than twenty-five (25) percent, and wetland areas in the Potomac River Basin;(2)   Expand buffers surrounding sensitive water resources within the Potomac River Basin in order to improve the capture of sediment, organic material, fertilizer, pesticides and other pollutants that may adversely impact the Potomac River;(3)   Protect and enhance the wise use of natural resources through management of development and redevelopment: and(4)   Promote protection of sensitive water resources within the Potomac River Basin in order to provide for the health, safety and welfare of the present and future citizens of Stafford County.(b)   Applicability.  The regulations and requirements of both the underlying district(s) and the PRRP Overlay district shall apply on all parcels of land within the below-described area. When the regulations applicable to the PRRP conflict with the regulations of the underlying district, the more restrictive regulations shall apply. The boundaries of the PRRP Overlay district shall be as follows:  Beginning at a point where Telegraph Road intersections with Widewater Road continuing easterly along Widewater Road to a point where Widewater Road intersects with Rectory Lane; thence continuing easterly following the southern boundary line of Quantico Marine Corps Base to the Potomac River mean low water (MLW) line; thence continuing southerly following the Potomac River MLW line to Brent Point; thence continuing southerly and westerly along the Stafford County/Charles County, Maryland, boundary line to a point where the Potomac River MLW line intersects with Black Swamp Branch; thence continuing westerly generally following the southern property lines of parcels fronting on the south side of Potomac Creek to the intersection with Brooke Road; thence continuing northerly along Brooke Road to a point where it intersects with the CSX Railroad tracks; thence continuing northerly along the CSX Railroad tracks to a straight line intersection with an unnamed road near the end of Hope Road; thence continuing along said unnamed road westerly to its intersection with Hope Road; thence continuing westerly along Hope Road to the intersection with Olde Concord Road; thence continuing northerly along Olde Concord Road to the intersection with Greenridge Drive; thence continuing northerly along Greenridge Drive to the intersection with Coal Landing Road; thence continuing northerly generally following the eastern property lines of parcels fronting on the east side of Jefferson Davis Highway to the intersection with Telegraph Road; and thence continuing northeasterly along Telegraph Road to the point of beginning at the intersection with Widewater Road, as shown on the map entitled "Potomac River Resource Protection Overlay District," dated October 7, 2008, prepared by the Stafford County Department of Planning and Zoning, a copy of which shall be added to and become a part of the Official Zoning Map of Stafford County.(c)   Development standards.  All applications for reclassifications, conditional use permits, subdivisions and site plans shall be subject to the use limitations and development standards set forth in the underlying zoning district(s) and, in addition shall be subject to the following:  (1)   Submission of an existing conditions plan.  The purpose of the existing conditions plan is to determine the limits of sensitive Potomac River resource areas within any parcel(s) prior to development to promote conservation of the resources and the incorporation of the landscape features into the development design. This requirement does not release the applicant from obtaining a permit from the [U.S. Army] Corps of Engineers for disturbances in wetland areas, or any other necessary local, state or federal permits. The existing conditions plan shall be submitted at the time of initial application and shall identify and illustrate the location of environmental resources on the property as follows:  a.   Forest or other vegetated cover as depicted in aerial photos or maps available from the department of planning and zoning or other applicable agency, or as indicated by a professional land surveyor

b.   Flood plain districts as delineated in the most recent flood plain insurance study (FIS) for Stafford County, Virginia, prepared by the Federal Emergency Management Agency;c.   Critical Resource Protection Area components as identified through a site-specific determination and approved by the agent, including:1.   Tidal wetlands;2.   Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;3.   Tidal shores;4.   A one-hundred-foot vegetated buffer area located adjacent to and landward of the components listed in subsections 1. through 3. above; and along both sides of any water bodies with perennial flow.d.   Streams with intermittent flow, as identified through a site-specific determination based on the North Carolina Division of Water Quality, Identification Methods for the Origin of Intermittent and Perennial Streams, Version 3.1 or other applicable method and approved by the agent;e.   Slopes equal to or greater than twenty-five (25) percent, as identified through a site-specific determination, where adjacent to and landward of critical resource protection area components and intermittent streams;f.   Existing conditions plans for family subdivisions may use the agent's delineation in lieu of a site-specific determination for features c. through e., except as required by section 28-62 of the Code of Stafford County, the Chesapeake Bay Resource Protection Overlay district.(2)   Performance criteria.  Design of a development plan shall take into consideration the resources as stated above.  a.   Plans shall be designed to preserve and protect Potomac River resource areas, and to mitigate impacts to Potomac River and its tributaries.b.   The CRPA shall be expanded to include intermittent streams.c.   The CRPA shall be expanded to include a variable width buffer area not less than one hundred (100) feet in width. The variable width buffer area shall be located adjacent to and landward of1.   Tidal wetlands;2.   Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;3.   Tidal shores; and4.   Along both sides of any water body with perennial or intermittent flow.d.   The variable width buffer shall also include any slope with a vertical rise over horizontal run equal to or greater than twenty-five (25) percent as measured from the toe of the slope to the top of the slope, where the slope is adjacent to and landward of the water bodies listed in [subsections] c.1. through 4. above. A slope shall be considered contiguous to a protected resource if the toe of the slope extends to within one hundred (100) feet of the landward limit of the resource. The top of the slope shall be considered the landward limit of the slope. The variable width buffer shall extend to the top of slope.e.   The CRPA shall be subject to all of the regulations regarding CRPAs as set forth in section 28-62 of the Code of Stafford County, the Chesapeake Bay Preservation Area Overlay District.f.   Existing vegetation to be retained shall be delineated on plans and marked on site with orange plastic fencing during all phases of construction per section 140 of the design and construction standards for landscaping, buffering and screening (DCSL). The limits of the variable width buffer shall be marked on site with orange plastic fencing during all phases of construction.(3)   Establishment of the buffer.  All buffer areas shall be identified as CRPA on all plans; approved by the agent; recorded on a plat in the land records; and run with the land and continue in perpetuity.  a.   The agent and/or his designee shall have access to the buffer to inspect it for compliance.(Ord. No. O08-27, 10-7-08)Secs. 28-68--28-70.  Reserved.

ARTICLE V.  RESIDENTIAL CLUSTER PROVISIONS

Sec. 28-71.  Purpose.The purposes of this article are:

(1)   To encourage the protection and preservation of environmentally sensitive portions of sites and agricultural lands in the county;(2)   To encourage development in a manner which lessens the cost of infrastructure;(3)   To provide incentives for clustering residential development in the most appropriate locations;(4)   To encourage more efficient and aesthetic use of open space;(5)   To encourage the reservation of open space for scenic and recreational uses;(6)   To create and encourage the use of a variety of development choices to satisfy the changing needs of the county;(7)   To offer flexibility to the developer in his approach and solution to land development problems.(Ord. No. 094-29, § 28-501, 8-9-94)

Sec. 28-72.  Applicability.This article shall apply to cluster developments, which are areas of residential

development under unified ownership or control and which are to be developed and improved as a whole under a comprehensive cluster development plan. The provisions of this article will allow residential dwellings to be developed in clusters, subject to the provisions of section 28-75, Density and dimensional requirements, with less than the minimum lot area and setbacks required by article III, General District Use Regulations and Standards, for conventional subdivisions, but without any increase in the total allowable density as specified by this chapter.(Ord. No. 094-29, § 28-502, 8-9-94)

Sec. 28-73.  Where allowed.Cluster development as allowed by the provisions of this article shall be permitted only in

the R-1, R-2 and R-3 districts. All cluster developments shall provide usable open space that can be developed for a community park, fire and rescue station, school or other public facility.(Ord. No. 094-29, § 28-503, 8-9-94; Ord. No. 000-22, 10-17-00)

Sec. 28-74.  Relationship with other applicable regulations.A cluster development shall be subject to all of the applicable standards of this chapter,

and all other requirements of Stafford County, unless specifically modified or excepted by the provisions of this article.(Ord. No. 094-29, § 28-504, 8-9-94)

Sec. 28-75.  Density and dimensional requirements.The dimensional requirements set forth in Table 5.1, Cluster Option, shall supersede

those stipulated for other development types, except that:(1)   The allocated densities for each respective land use district shall not be exceeded. The maximum net density and net buildable area for a cluster development shall be calculated as follows:Subtract the areas of all wetlands, floodplains, and slopes greater than thirty-five (35) percent from the gross area of the site to obtain the net area. Multiply the net area of the site by the allocated density to obtain the maximum net density for the site. Multiply the net area by the open space ratio to determine the required open space area. Subtract the required open space area from the net area to determine the net buildable area.(2)   The requirements for corner visibility, as set forth in section 28-105, are not waived;(3)   The yard dimensional requirement and the setback requirement for any building on a cluster lot which abuts a lot located outside the cluster development, shall be not less than the greater of such requirements set forth for the cluster lot or the abutting lot.(Ord. No. 094-29, § 28-505, 8-9-94)

Sec. 28-76.  Permitted uses.The permitted uses for cluster developments shall conform to the respective permitted

uses for the district in which the development is located, as specified in Table 3.1 of this chapter.(Ord. No. 094-29, § 28-506, 8-9-94)Secs. 28-77--28-80.  Reserved.

TABLE 5.1    Cluster Option   

District   

Allocated Min.Minimum

Area Minimum Minimum Minimum MinimumDensity* O.S.R.  Cluster Lot Width Frontyard Sideyards Rearyard

      (in feet) (in feet) (in feet) (in feet)R-1    3.0 du/1.0ac 0.5                       S.F.        8,000 sf    60    25    8/18    25   

Duplex        6,500    60    30    5/12    25   R-2    7.0 du/1.0ac. 0.25                       S.F.        8,000 sf    60    25    5/12    25   

Duplex        4,000 sf    40    25    3/15    25   Townhouse        1,200    16    15    20**    20   

R-3    15.0 du/1.0ac. 0.25                       S.F.            6,500 sf    60    30    5/12    25   

Duplex            4,000 sf    40    25    3/12    25   Townhouse            1,200    16    15    20**    20   

*Dwelling units per gross acre**Minimum between townhouse structuresNotes:    (1)   Side yard requirements are indicated with two (2) numbers, the first number indicates the minimum yard for one of the side yards, and the second number is the minimum combined total for both side yards.(2)   Height restrictions shall be the same for clustered developments as for conventional developments.(Ord. No. 094-29, 8-9-94; Ord. No. 095-11, 3-7-95; Ord. No. 000-22, 10-17-00)

ARTICLE VI.  BUFFER YARDS, LANDSCAPING, SCREENING, AND OUTDOOR LIGHTING*

__________*Editor's note:  Ord. No. O05-33, adopted Dec. 13, 2005, amended the title of art. VI to read

as herein set out. The former title read "Bufferyards, Landscaping and Outdoor Lighting." 

__________

Sec. 28-81.  Purpose.The purpose of this article is to set forth provisions and regulations which enhance the

character of Stafford County through the introduction of natural vegetation and manmade visual buffers, and the use of lighting to enhance and protect developed property in the county.(Ord. No. 094-29, § 28-601, 8-9-94)

Sec. 28-82.  Required buffers.General.  Except within the boundaries of a public airport, no structure or land which

abuts a boundary between two (2) land uses, fronts on a major thoroughfare or which is subject to special buffer requirements as specified in section 100 of the DCSL, shall hereafter be

developed, used or occupied unless a buffer yard is provided in accordance with section 100 of the DCSL. All buffers shall meet the requirements illustrated in section 100 of the DCSL.  (Ord. No. 094-29, § 28-602, 8-9-94; Ord. No. 095-11, 3-7-95; Ord. No. 098-20, 4-7-98; Ord. No. 099-08, 2-2-99; Ord. No. 001-14, 2-6-01; Ord. No. O05-33, 12-13-05; Ord. No. O06-64, 9-19-06)

Sec. 28-83.  Buffers for historic properties and districts.In order to protect historic resources, specific buffer yards are required around historic

properties and historic resource overlay districts designated in the Stafford County Cultural Resource Inventory, archaeological sites and historic buildings located within HI districts, in addition to any other buffer requirements, as indicated in section 100 of the DCSL. All development adjoining a designated historic district may require a transitional buffer in accordance with section 100 of the DCSL. Because a historic site consists of associated landscape features and the relationships between landscape features, in addition to historic buildings and structures, buffer yards should include elements that retain or enhance the historic integrity of a site or building and should comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties and the Guidelines for the Treatment of Cultural Landscapes.(Ord. No. 094-29, § 28-603, 8-9-94; Ord. No. O05-33, 12-13-05; Ord. No. O08-02, 5-6-08)

Sec. 28-83.5.  Reserved.Editor's note:  Ord. No. O05-33, adopted Dec. 13, 2005, repealed § 28-83.5, which pertained

to street buffers for PD-2 districts and derived from Ord. No. O03-29, adopted June 17, 2003. 

Sec. 28-84.  Reserved.Editor's note:  Ord. No. O05-33, adopted Dec. 13, 2005, repealed, § 28-84, which pertained

to responsibility for district bufferyards and derived from Ord. No. O94-29, § 28-604, adopted Aug. 9, 1994. 

Sec. 28-85.  Reserved.Editor's note:  Ord. No. O05-33, adopted Dec. 13, 2005, repealed § 28-85, which pertained to

nonconforming buffers and derived from Ord. No. O94-29, § 28-605, adopted Aug. 9, 1994. 

Sec. 28-86.  Landscaping standards.(a)   Parking lot, interior.  All off-street parking areas containing twenty-four (24) spaces or more shall be landscaped in accordance with the standards set out and illustrated in section 100 of the DCSL. Interior parking lot landscaping shall be provided in accordance with section 100 of the DCSL. Parking garages and any development within the boundaries of a public airport shall not be subject to the interior parking lot landscaping requirements. The requirements are for each twenty-four (24) spaces and shall conform to the "limits of the interior parking lot planting area" diagram provided in section 100 of the DCSL.  (b)   Parking lot, perimeter.  All off-street parking areas containing twenty-four (24) spaces or more and buildings used for parking garages shall provide perimeter parking lot landscaping in accordance with section 100 of the DCSL. This shall not apply to any development within the boundaries of a public airport.  (c)   Parking lot, vehicle access drive  All off-street parking areas containing twenty-four (24) spaces or more and buildings used for parking garages shall provide a vehicle access drive landscaping in accordance with section 100 of the DCSL. This shall not apply to any development within the boundaries of a public airport.  (d)   Street trees.  All development that fronts a public street shall provide a landscape strip in accordance with section 100 of the DCSL for the purpose of providing street trees unless a buffer yard is required along the same street frontage. This shall not apply to any development within the boundaries of a public airport.  (e)   Landscaping installation and maintenance criteria.  All installation and maintenance of landscaping shall be in compliance with section 100 of the DCSL.  (f)   Landscaping standard plant sizes and uses.  All required landscaping materials shall be of the type and minimum sizes set forth in section 100 of the DCSL. 

(g)   Credits.  Credits toward required buffers and parking lot landscaping may be granted by the agent as set forth in section 100 of the DCSL.  (h)   [Exemptions.]  Any properties within HI districts shall be exempt from landscaping standards previously noted in this section.  (Ord. No. 094-29, § 28-606, 8-9-94; Ord. No. 097-42, 6-17-97; Ord. No. 000-84, 11-16-00; Ord. No. 003-26, 6-17-03; Ord. No. 003-29, 6-17-03; Ord. No. 003-43, 9-16-03; Ord. No. O05-33, 12-13-05; Ord. No. O06-64, 9-19-06; Ord. No. O08-02, 5-6-08)

Sec. 28-87.  Outdoor lighting standards.(a)   Generally.  No structure or land shall be developed, used or occupied unless all outdoor lighting conforms to the requirements of this section.  (b)   Design and location.    (1)   Mounting.  All outdoor lighting shall be designed, located and mounted at heights no greater than:  a.   Eighteen (18) feet above grade for non-cutoff lights;b.   Thirty-five (35) feet above grade for cutoff lights.(2)   Location.  All outdoor lighting shall be designed and located such that the maximum illumination, measured in footcandles at the property line, shall not exceed three tenths (0.3) footcandle for non-cutoff lights and one and five-tenths (1.5) footcandles for cutoff lights.  (3)   Glare.  All lighting from nonresidential uses shall be located, screened or shielded so that adjacent residential lots are not directly illuminated.  (Ord. No. 094-29, § 28-607, 8-9-94; Ord. No. O05-33, 12-13-05)

Sec. 28-88.  Screening standards for appurtenances.The following uses shall be screened from all public streets and adjacent property,

unless the adjacent property contains the same use, by means established in section 100 of the DCSL.(1)   Waste disposal receptacles.(2)   Telecommunication facilities.(3)   Automobile graveyards and junkyards.(4)   Auto salvage facilities.(5)   Recycling facilities.(6)   Outdoor storage of vehicles for sales and/or service.(7)   Section 28-59(f)(7) of this chapter.(8)   Mechanical systems for nonresidential uses.(9)   Pump stations.(Ord. No. 097-12, 1-21-97; Ord. No. 097-43, 6-17-97; Ord. No. 001-18, 8-16-01; Ord. No. O05-33, 12-13-05)

Sec. 28-89.  Maintenance for landscape areas, buffer yards and screening.Trees, shrubs and other elements (such as fences, walls and berms) shown on the

approved plan and installed to be in compliance with the DCSL shall remain in the same good health or condition after it is approved by the county. Trees and shrubs shall remain sound, healthy, vigorous, well-rounded, and free of disease and insect infestation. It shall be the responsibility of the property owner to repair or replace the fence, wall or berm to its original condition at the time of approval.(Ord. No. O05-33, 12-13-05)Secs. 28-90--28-100.  Reserved.GRAPHIC LINK:Graphic 6.1

Editor's note:  Ord. No. 05-33, adopted Dec. 13, 2005, repealed Tables 6.1--6.4 and Graphics 6.1--6.3 and renumbered Graphic 6.4 as Graphic 6.1. Table 6.1 pertained to required street buffers and derived from Ord. No. O94-29, adopted Aug. 9, 1994; Ord. No. O99-26, adopted July 13, 1999; and Ord. No. O03-29, adopted June 17, 3003. Table 6.2 pertained to district boundary buffers and derived from Ord. No. O94-29, adopted Aug. 9, 1994; and Ord. No. O99-26, adopted July 13, 1999. Table 6.3 pertained to required parking area landscaping

standards and derived from Ord. No. O94-29, adopted Aug. 9, 1994; and Ord. No. O99-26, adopted July 13, 1999. Table 6.4 derived from Ord. No. O94-29, adopted Aug. 9, 1994; and Ord. No. O95-11, adopted March 7, 1995. Graphic 6.1 pertained to bufferyards; Graphic 6.2 pertained to parking lot landscaping and Graphic 6.3 pertained to limits of areas available for parking landscaping. 

ARTICLE VII.  PARKING, LOADING, ROAD AND ACCESS REQUIREMENTS

Sec. 28-101.  Purpose and intent.It is the intent of this article to provide safe and adequate parking, loading, transportation

and access facilities for each and every use developed within the county.(Ord. No. 094-29, § 28-701, 8-9-94)

Sec. 28-102.  Off-street parking.Every use, unless otherwise specified in this chapter, shall be provided with off-street

parking in accordance with the following standards:(1)   Size of parking spaces.  Each parking space shall have a minimum width of eight (8) feet six (6) inches and a minimum length of eighteen (18) feet for perpendicular and angle parking and a minimum length of twenty-two (22) feet for parallel parking. Any parking spaces exceeding the number of required spaces may be designated as compact car spaces with a minimum width of eight (8) feet and a minimum length of fifteen (15) feet.  (2)   Required aisles.  Each parking space shall have direct and unrestricted access to an aisle of the following minimum width: 

Width of Aisles   

    Number of Parking Rows   Angle of One Row Two Rows

Parking    (in feet)    (in feet)   Parallel    24    24   

90    20    22   <90    18    20   

(3)   Location of required parking.  Required off-street parking spaces for single-family attached and multifamily residential uses shall be located on the premises they are intended to serve and within one hundred fifty (150) feet of the dwelling which they are intended to serve. Other required off-street parking spaces shall be located on the same lot as the use which they are intended to serve, or upon a lot within three hundred (300) feet.  (4)   Number of required parking spaces.  The number of parking spaces required to be provided for each use shall be in accordance with Table 7.1.  (5)   Vehicle sales lots.  Vehicles sales lots shall contain a minimum of one hundred twenty (120) square feet of parking area per vehicle displayed on site. Required parking aisles shall conform to the provisions of subsection (2), and parking landscaping shall conform to the provisions of section 28-86 of this chapter.  (6)   Other uses not listed.  For uses not listed in Table 7.1, the parking requirements shall be taken from the Institute of Transportation Engineers Parking Generation Manual, latest edition, or as determined by the director of planning.  (7)   Computations, fractional spaces.  When units or measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions greater than one-half shall require one parking space.  (8)   Drive-through facilities, special design requirements.  Storage aisles and lanes for drive-through facilities shall not be less than ten (10) feet in width and shall provide a stacking reservoir with a minimum total length of one hundred fifty (150) feet measured from the point at which the transfer of products is conducted with a minimum of seventy-five (75) feet from the first point of transaction or menu board. The stacking reservoir length may be reduced to seventy-five (75) feet for each stacking lane where there are two (2) drive-through lanes

associated with a business. The stacking reservoir length may be reduced to fifty (50) feet for each stacking lane where there are three (3) or more drive-through lanes associated with a business. Such aisles and lanes shall provide sufficient radii so those vehicles can approach drive-through facilities without crossing the limits of the lanes or aisles. The service or actual drive-up area shall not be less than eight (8) feet in width. Drive-through lanes cannot block any travel way, drive isle or parking spaces.  (9)   Use of required parking spaces.  The use of required parking spaces is limited to parking of motor vehicles; this does not include the storage of merchandise or materials and/or the repair of motor vehicles or any kind of equipment or the overnight parking of commercial vehicles except for vehicle sales facilities or where permitted by this chapter.  (10)   Special exceptions.  No vehicle for which a special exception has been granted under previously valid laws shall be parked on any street or street right-of-way. On lots of one acre or larger the vehicle shall not be parked within any front yard setback area.  The parking and storage of tractor-trailers, tractor semi-trailers, trailers and/or truck tractors or cabs capable of attaching to and pulling trailers or semi-trailers (hereinafter called "vehicles") are prohibited in the R-1, R-2, R-3 and R-4 districts, unless a special exception was previously granted under the Stafford County Code.(11)   Ingress/egress for parking and loading spaces.  The location and design of parking and loading spaces shall be such that there is easy ingress and egress in and out of the spaces for vehicles that they are designed to serve. There shall be adequate turning radii into parking and loading spaces such that the vehicles they are intended to serve will not encroach into other parking spaces or designated drive-through lanes. The minimum travel lane width between mini-storage warehouses shall be thirty (30) feet to allow for adequate turning area for trucks delivering goods and materials to the storage units.  (12)   Commercial vehicle parking.  Commercial vehicle parking spaces shall be in addition to required parking for a specific use. Commercial vehicle parking may be permitted in agricultural, commercial and industrial zoning districts. Overnight commercial vehicle parking shall be limited to truck/freight terminals and truck stops, except for fleet parking and where permitted by this chapter.  (13)   Shared parking.  Shared parking may be permitted with the following:  a.   The minimum number of required parking spaces provided for all uses.b.   A shared parking agreement and/or easement is recorded in the county land records.(14)   Parking credits.  Credit toward the required number of parking spaces for an individual use may be permitted with the following:  a.   A credit for up to twenty (20) percent of the required parking may be permitted for a place of worship or other similar use that has infrequent daily demands of required parking, where such use has shared parking, as approved by the agent. The overall number of spaces should be equal to or greater than the total parking required for the more intensive use.b.   A credit for up to ten (10) percent of the required parking may be permitted of an individual use provided such use has a transit stop located on site or within public right-of-way adjacent to the property.(Ord. No. 094-29, § 28-702, 8-9-94; Ord. No. 095-12, 3-7-95; Ord. No. 096-19, 5-7-96; Ord. No. 000-72, 9-12-00; Ord. No. 002-17, 6-18-02; Ord. No. 002-41, 12-17-02; Ord. No. O05-34, 12-13-05)

Sec. 28-103.  Handicapped parking and access.All handicapped parking and loading spaces shall be designed to meet the following

criteria:(1)   Except for single-family detached and duplex dwellings, the number of spaces required in Table 7.1 shall include provisions for handicapped parking as specified in Table 7.2.(2)   All handicapped parking spaces shall have access to a curb cut or curb ramp to allow access to the building served by such parking spaces.(3)   All handicapped parking spaces shall be provided a continuous, unobstructed path connecting all accessible elements and spaces of a building or facility, and shall be located so that users will not be compelled to traverse behind parked vehicles.

(4)   Handicapped parking spaces shall be a minimum of eight and one-half (8 1/2) feet in width and adjoin an access aisle with a minimum width of five (5) feet. One in every eight (8) spaces, or fraction thereof, shall be provided an access aisle with a minimum width of eight (8) feet and shall be designated by signs as "van accessible."(5)   Parallel parking spaces shall be located either at the beginning or end of a block or adjacent to alley entrances. Curbs adjacent to such spaces shall be of a height which will not interfere with the opening and closing of motor vehicle doors, or the loading or unloading of handicapped passengers.(6)   Each parking space shall be paved and prominently outlined and maintained with a permanent, abovegrade sign of an approved design and color, bearing the internationally accepted wheelchair symbol and/or caption "parking by disabled permit only." Such signs shall have the bottom edge no lower than four (4) feet, nor higher than seven (7) feet above the parking surface.(Ord. No. 094-29, § 28-703, 8-9-94; Ord. No. 095-12, 3-7-95)

Sec. 28-104.  Off-street loading space requirements.All uses which involve the receipt or distribution, by vehicles, of materials or

merchandise shall provide and maintain off-street space for standing, loading and unloading purposes in accordance with the following standards:(1)   Number and size of required loading spaces.  The number and sizes of required loading spaces shall be as specified in Table 7.3.  (2)   Location of loading spaces.  Loading spaces shall be located entirely within the same lot as the use they are intended to serve and not on any public right-of-way, front yard or other lot; adequate access to such spaces shall be provided.  (3)   Use of off-street loading spaces.  The use of required loading spaces shall be limited to the parking of trucks and/or trailers only while actual loading or unloading operations are taking place. Loading spaces shall not be used for temporary or permanent parking of trucks and/or trailers.  (Ord. No. 094-29, § 28-704, 8-9-94; Ord. No. 001-62, 10-16-01)

Sec. 28-105.  Clear sight triangles.All entrance and exit drives and street intersections shall provide clear sight triangles in

both directions; no visual obstructions may be placed from three (3) feet above the ground to ten (10) feet above the ground within the required clear sight triangle(s). Clear sight triangles shall be provided as follows:

(1)   Drive with bufferyard.    Type of Street Distance in Feet   

  A*    B*   Arterial    30    250   

Collector    5    200   Primary    20    150   Local    15    100 

(2)   Street with bufferyard.    Type of Street Distance in Feet   

      A*    B*   Arterial    30    300   

Collector    25    250   Primary    20    200   Local    15    150   

(3)   Street without bufferyard.    Type of Street Distance in Feet   

    A*    B*   Arterial    35    300   

Collector    25    250   Primary    25    200   Local    20    150   

In the above three (3) tables:A*  is the distance from the edge of the pavement of the street to the point on the drive at which clear sight distance is required.  B*  is the distance measured along the centerline of the street, from the centerline of the entrance to the point where an oncoming vehicle must be visible.  (Ord. No. 094-29, § 28-705, 8-9-94)

Sec. 28-106.  Right-of-way protection.Roads shall be constructed and rights-of-way provided in accordance with the Stafford

County Subdivision Ordinance. Where plans exist, approved by either the state department of highways and transportations or the board of supervisors, for widening, opening or relocating any street or highway within the county, setbacks for any new construction shall be calculated based on the planned right-of-way in order to preserve and protect the right-of-way for such proposed street or highway.(Ord. No. 094-29, § 28-706, 8-9-94)

Sec. 28-108.  Restricted access entrances.All residential developments with thirty-five (35) units or more that have access from private travel lane(s) or private access easement(s) shall establish and maintain restricted access entrance(s) to the development from any public street.(a)   Access restriction.  Restricted access entrances shall be designed in a manner to inhibit free movement of vehicular traffic to and from private travel lanes or private access easements to public streets. Restricted access entrances shall include one (1) or more of the following mechanisms to restrict vehicular traffic:  (1)   Gatehouse(s) or sentry box(es) manned by security guard(s).(2)   Gate arms, fences or vehicle obstructions that are remotely controlled by the owner of a unit or persons or vehicles possessing a special access pass.(3)   Remote control camera(s) monitored by security guard(s).(b)   Design criteria.  Restricted access entrances shall be constructed to meet the following additional design criteria:  (1)   Turn around areas shall be provided for vehicles that are unable to obtain entry to the private travel lane(s);(2)   Gate arms, fences, or vehicle obstructions shall be located a minimum of one hundred (100) feet from any public street;

(3)   Automated provisions shall be made to permit emergency response vehicles to enter through the restricted access entrance(s).(c)   Maintenance.  Restricted access entrances shall be operated and maintained on a twenty-four-hour per day basis, three hundred sixty-five (365) days a year. Owners of a development upon which restricted access entrances are required shall adequately assure Stafford County of such perpetual operation and maintenance.  (Ord. No. 097-62, 11-18-97)Secs. 28-109--28-120.  Reserved.

Table 7.1    Required Parking Spaces   

TABLE INSET:

  Use Category    Subcategory  or Condition    SpacesRequired   

Abattoirs    per 750 square feet gfa    1.0   

Adult day care center    per 4 care recipients    1.0   

Arcades    per 250 square feet gfa    2.0   

Assisted living facility    per 4 beds    1.0   

Atrium house    per unit    2.5   

Auditoriums, dramatic or musical theatres and other public assembly uses    per seat    1.0   

Automobile service    per service bay    3.0   

Car washes    stacking per wash stall    5.0   

Commercial retail    per 1,000 square feet gfa   

Low intensity        3.0   

Medium intensity        4.0   

High intensity        7.0   

Community buildings, lodges, clubs, museums, etc.    per 1,000 square feet gfa    4.0   

Conference facility*   per every 4.5 persons permitted with the maximum capacity of the structure   

1.0   

Convenience center    per 1,000 square feet gfa    6.0   

Convention facility*   per every 3 persons permitted with the maximum capacity of the structure   

1.0   

Drive through windows    stacking per window    8.0   

Dwellings:           

Mobile home parks    per lot    2.0   

Multifamily    per unit    2.2   

Multifamily for elderly    per unit    1.2   

Single-family & duplex    per unit    2.0   

Townhouse    per unit    2.2   

Furniture, large machinery and equipment sales    per 1,000 square feet gfa    2.5   

Golf facilities:  9 or 18 hole courses        25.0   

Plus, per green        3.0   

Par 3 and miniature courses        10.0   

Plus, per green        3.0   

Driving ranges        2.0   

Plus, per tee        1.0   

Hospitals, nursing homes and similar uses    per 2 beds    1.0   

Plus, per employee of the largest shift        1.0   

Hotels and motels    per rental unit    1.0   

Independent living unit    per unit    0.8   

Industrial uses    per 1,000 square feet gfa    2.5   

Kennels, commercial    per 300 square feet gfa    1.0   

Libraries    per 300 square feet gfa    1.0   

Lot-line    per unit    2   

Lounges, etc.    per 1,000 square feet gfa    10.0   

Manufacturing    per 1,000 square feet gfa    2.5   

Marinas with boat ramp    per wet boat slip    3.0   

Marinas without boat ramp    per wet boat slip    1.0   

Marinas    per dry storage unit    0.5   

Medical and dental clinics    per 1,000 square feet gfa    4.0   

Nonretail, e.g., banks, personal service shops, etc.    per 1,000 square feet gfa    3.0   

Office uses    per 1,000 square feet gfa    3.0   

Outdoor sales    per 1,000 square feet of land    3.0   

Patio house    per unit    2.5   

Places of worship    per 5 seats    1.5   

Recreational enterprises    per 1,000 square feet gfa    6.0   

Recreational facilities    per 3 stadium seats    1.5   

Restaurants (sitdown)    per 1,000 square feet gfa    11.0   

Restaurants (fastfood/drive-in)    per 1,000 square feet gfa    15.0   

Restaurants (with delivery)    per 1,000 square feet gfa    13.0   

Retirement housing    per d/u    1.0   

RV parks    per pad    1.0   

Schools, including public schools:           

Day/nursery schools    per 10 students    2.0   

Elementary    per 25 students    1.5   

    per 100 students    1 bus   

Middle    per 15 students    1.0   

    per 100 students    1 bus   

High and prep    per 5 students    1.0   

Vocational/professional/industrial and    per 100 square feet gfa classroom space    4.0   

College/university    per 100 square feet gfa classroom space    2.0   

    If dormitory residence on campus    2.0   

    per 400 square feet gfa gymnasium space    1.0   

    per 300 square feet gfa office/admin. space    1.0   

    per dormitory/residence room    1.0   

Shooting ranges    per firing station    1.0   

Shopping center    per 1,000 square feet gfa    5.0   

Storage, mini warehouse    per 1,000 square feet gfa of office associated with the use    3.0   

Storage, indoor    per 1,000 square feet gfa    1.0   

Storage, outdoor    per 2,000 square feet land area    1.0   

Swimming pools    per 100 square feet of water surface    1.0   

Veterinary services    per 300 square feet gfa    1.0   

Village house    per unit    2   

Weak-link townhouse    per unit    2.5   * May be reduced by the board of supervisors if owner/occupants building design restricts capacity of the building to a number less than the approved occupancy load designated by the fire marshal.

ARTICLE VIII.  SIGNS

Sec. 28-121.  Purpose and intent.The purpose of this article is to promote convenience, safety and general welfare by the

establishment of standards for the placement, erection, use and maintenance of signs in Stafford County.(1)   It is the intent of this article to authorize the use of signs in commercial and industrial areas which are:a.   Compatible with their surroundings;b.   Appropriate to the type of activity to which they pertain;c.   Large enough to sufficiently convey a message about the owners or occupants of a particular property, the commodities, products or devices available thereon, or the business activities conducted thereon, yet small enough to prevent excessive, overpowering advertising which would have a detrimental effect on the character of the community, or which could unduly distract the motoring public, causing unsafe motoring conditions.(2)   It is also the intent of this article to limit signs in noncommercial areas to essential uses, primarily for identification and information, in order to protect the character and appearance of noncommercial areas.(Ord. No. 094-29, § 28-801, 8-9-94)

Sec. 28-122.  Certain types prohibited in all districts.The following types of signs are prohibited in all zoning districts:

(1)   Any sign displaying flashing or intermittent lights or lights of changing degrees of intensity, except a sign indicating time or temperature, which changes alternating on not less than a five-second cycle, or message board, when such sign does not constitute a public safety or traffic hazard, in the judgment of the zoning administrator or his designee.(2)   Any lighting, either by exposed tubing or string of lights, either outlining any part of a building or affixed to any ornamental part thereof.(3)   Any sign that obscures or interferes with any sign displayed by public authority for the purpose of giving traffic instructions or direction or other public information.(4)   Any sign that uses the word "stop" or "danger" or otherwise presents or implies the need or requirement of stopping or caution of the existence of danger or which is a copy or imitation of, or which, for any reason, is likely to be confused with, any sign displayed by public authority.(5)   Any sign that obstructs any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress or egress for any building, as required by law.(6)   Any sign or illumination that causes any direct glare into or upon any building, other than the building to which the sign may be related.(7)   Any sign that violates any provision of any law of the state relative to outdoor advertising.(Ord. No. 094-29, § 28-802, 8-9-94)

Sec. 28-123.  Types permitted in A-1 districts.The following types of signs are permitted in AG districts:

(1)   Business signs; provided that:a.   No portion of a freestanding sign shall be greater than twenty (20) feet above ground level.b.   No wall sign shall be greater in height than the roof line of the main building located on the premises.c.   The aggregate area of freestanding, or projecting, or wall signs shall not exceed fifty (50) square feet.d.   No more than one freestanding sign shall be located on any one road frontage of any lot or premises.(2)   Home occupation signs; provided that, the maximum size shall be four (4) square feet.(3)   Public signs.(4)   Subdivision signs.(5)   Temporary event signs provided that not more than two (2) such signs shall be located on any lot or premises and that the maximum size shall not exceed sixty-four (64) square feet.(6)   General advertising signs; provided that:a.   No such sign shall be greater than twenty (20) feet in height.

b.   The maximum size of any such sign shall not exceed sixty-four (64) square feet.c.   No such sign shall be located at a distance of less than three hundred (300) feet from another such sign on the same side of a right-of-way.d.   No more than one freestanding sign shall be located on any one road frontage of any lot or premises or located in any required minimum yard.(7)   Model home sign; provided that:a.   The maximum size sign shall not exceed thirty-two (32) square feet.b.   No such sign shall be greater than six (6) feet in height.c.   Not more than one such sign shall be located on any lot or premises.d.   Such sign shall be removed when use as a model home is discontinued.(8)   Temporary sale sign.(9)   Critical resource protection area (CRPA) sign.(Ord. No. 094-29, § 28-803, 8-9-94; Ord. No. 095-47, 6-6-95; Ord. No. 098-42, 6-2-98; Ord. No. O08-56, 9-16-08)

Sec. 28-124.  Types permitted in A-2 and R-1 districts.The following types of signs are permitted in A-2 and R-1 districts:

(1)   Home occupation signs; provided that, the maximum size shall be four (4) square feet.(2)   Public signs.(3)   Subdivision signs.(4)   Temporary event signs; provided that, the maximum size shall be four (4) square feet and that not more than one such sign shall be located on any lot or premises.(5)   General advertisement signs; provided that:a.   No portion of a free standing sign shall be greater than twenty (20) feet above ground level.b.   No wall sign shall be greater in height than the roof line of the main building located on the premises.c.   The aggregate area of freestanding, or projecting, or wall signs shall not exceed forty (40) square feet.d.   No more than one freestanding sign shall be located on any one road frontage of any lot or premises.(6)   Model home sign; provided that:a.   The maximum size sign shall not exceed thirty-two (32) square feet.b.   No such sign shall be greater than six (6) feet in height.c.   Not more than one such sign shall be located on any lot or premises.d.   Such sign shall be removed when use as a model home is discontinued.(7)   Critical resource protection area (CRPA) sign.(Ord. No. 094-29, § 28-804, 8-9-94; Ord. No. O08-56, 9-16-08)

Sec. 28-125.  Types permitted in R-2, R-3, and R-4 districts.The following types of signs are permitted in R-2, R-3 and R-4 districts:

(1)   Public signs.(2)   Subdivision signs.(3)   Temporary event signs; provided that, the maximum size shall be four (4) square feet and that not more than one such sign shall be located on any lot or premises.(4)   Model home sign; provided that:a.   The maximum size sign shall not exceed thirty-two (32) square feet.b.   No such sign shall be greater than six (6) feet in height.c.   Not more than one such sign shall be located on any lot or premises.d.   Such sign shall be removed when use as a model home is discontinued.(5)   Critical resource protection area (CRPA) sign.(Ord. No. 094-29, § 28-805, 8-9-94; Ord. No. O08-56, 9-16-08)

Sec. 28-126.  Types permitted in B-1, B-2, M-1 and M-2 districts.The following types of signs are permitted in B-1, B-2, M-1, and M-2 districts:

(1)   Public signs.

(2)   Temporary event sign; provided that, the maximum size shall not exceed sixty-four (64) square feet.(3)   General advertising signs; provided that:a.   No such sign shall exceed twenty (20) feet in height.b.   The maximum size of any such sign shall not exceed forty (40) square feet.c.   No such sign shall be located at a distance of less than two hundred (200) feet from another such sign on the same side of a right-of-way or located in any required minimum yard.(4)   Business signs shall be permitted in B-1, B-2, M-1 and M-2 districts, if such meet the following standards:a.   In existing and proposed shopping centers, industrial parks and office/professional centers, the following provisions shall apply:1.   One freestanding sign for each public road frontage identifying the center or park shall be permitted. Such sign shall be a monument sign, not to exceed thirty (30) feet in height. The maximum size of such sign shall not exceed one-quarter ( 1/4) square foot of sign area for each linear foot of combined building frontage or street frontage for the site, whichever is greater. No such sign for an undeveloped property shall exceed three hundred (300) square feet.2.   Each store or industry may have wall signs for each building frontage. The maximum height of such sign shall not exceed five (5) feet above the height of the building. The maximum size of such sign shall be two (2) square feet for each lineal foot of building frontage.3.   Each store or industry shall also be permitted one identification sign not to exceed ten (10) square feet in size, on the rear of the building, to identify the tenant, and one under-canopy sign, located at the front of the building not to exceed six (6) square feet in size.4.   Business signs for proposed shopping centers, industrial parks and office/professional centers shall be kept in good repair and removed upon completion of the project.5.   Each freestanding building, having street frontage on a state maintained roadway, shall be permitted one (1) freestanding monument sign, not to exceed eight (8) feet in height. The maximum size of such sign shall not exceed one (1) square foot for each lineal foot of building frontage.6.   Each freestanding building, not having frontage on a state maintained roadway, shall be permitted one (1) freestanding monument sign, not to exceed six (6) feet in height. The maximum size of such sign shall not exceed one-half ( 1/2) square foot for each lineal foot of building frontage.b.   The following provisions shall apply to individual businesses, industries or offices not located in shopping centers, industrial parks or office/professional centers:1.   One (1) freestanding sign may be located on any lot or premises, except that on lots having frontage on two (2) or more streets; one (1) sign for each street frontage shall be permitted; provided that, the combined square footage shall not exceed the total permitted for one sign. Such signs shall be monument signs, not to exceed twelve (12) feet in height. The aggregate size of all such signs shall not exceed one (1) square foot of sign area for each lineal foot of building frontage.2.   The maximum height of a wall sign shall not exceed five (5) feet above the height of the building. The aggregate area of all such signs shall not exceed two (2) square feet of sign area for each lineal foot of building frontage.(5)   Temporary sale signs.(6)   Directional signs.(7)   Window signs.(8)   Critical resource protection area (CRPA) sign.(Ord. No. 094-29, § 28-806, 8-9-94; Ord. No. 095-47, 6-6-95; Ord. No. 097-51, 11-18-97; Ord. No. 098-42, 6-2-98; Ord. No. O08-56, 9-16-08)

Sec. 28-127.  Types permitted in RC, SC, B-3, LC, and RBC districts.The following types are permitted in RC, SC, B-3, LC and RBC districts:

(1)   Public signs.(2)   Temporary event signs; provided that no such sign shall exceed sixty-four (64) square feet in size.(3)   Business signs; provided that such signs meet the following standards:

a.   Wall signs shall not exceed one and one-half (1 1/2) square feet for each lineal foot of building frontage.b.   One freestanding sign per building frontage, not exceeding one square foot for each lineal foot of building frontage and twelve (12) feet in height shall be permitted.c.   Each store or office shall be permitted one identification sign, not to exceed ten (10) square feet in size, on the rear of the building, to identify the tenant.(4)   The following provisions shall apply to convenience centers, shopping centers and office/professional centers located in RC, SC, and RBC districts:a.   One freestanding sign identifying the center shall be permitted for each public street frontage. Such sign shall be a monument sign, and shall not exceed twenty (20) feet in height. The maximum area of such sign shall not exceed one square foot for each lineal foot of building frontage. The total square footage for all such signs shall not exceed the maximum permitted for the site.b.   Each building may have one wall sign for each building frontage. The maximum area for wall signs shall not exceed one-half square foot for each lineal foot of building frontage.c.   Each store or office shall be permitted one identification sign, not to exceed ten (10) square feet in size, on the rear of the building, to identify the tenant and one under-canopy sign, not to exceed six (6) square feet in size for each building frontage.(5)   Temporary sale sign.(6)   Directional sign.(7)   Window sign.(8)   Subdivision sign.(9)   Critical resource protection area (CRPA) sign.(Ord. No. 094-29, § 28-807, 8-9-94; Ord. No. 098-42, 6-2-98; Ord. No. 099-26, 7-13-99; Ord. No. 003-03, 7-1-03; Ord. No. O07-68, 10-2-07; Ord. No. O08-56, 9-16-08)

Sec. 28-128.  Types permitted in PD-1 districts.Signs permitted in PD-1 districts shall be the same as those specified in section 28-125;

provided, however, that business signs greater than thirty (30) square feet, may be permitted, with a special exception.(Ord. No. 094-29, § 28-808, 8-9-94)

Sec. 28-129.  Types permitted in PD-2 districts.(a)   Those signs specified in section 28-125 and permitted in R-2, R-3 and R-4 districts shall be permitted in residential areas of a PD-2 district.(b)   Prior to any signs erected in a commercial area of a PD-2 district, the applicant shall submit a comprehensive sign program that depicts typical styles of all sign types to be used. Such signs shall be of the type permitted in the provisions of subsection (4) of section 28-126, and shall meet the specifications articulated in that subsection with the following exceptions:(1)   No such sign shall exceed twenty (20) feet in height.(2)   The maximum size of any such sign shall not exceed one hundred (100) square feet without a special exception.(Ord. No. 094-29, § 28-809, 8-9-94; Ord. No. 098-42, 6-2-98)

Sec. 28-130.  Types permitted in HI districts.The following types of signs are permitted in HI districts:

(1)   Historic entrance sign.(2)   Public sign.(3)   Temporary event sign, including banners; provided that, the maximum height shall not exceed four (4) feet.(4)   Directional sign.(Ord. No. O08-02, 5-6-08)

Editor's note:  Ord. No. O08-02, adopted May 6, 2008, added § 28-130 and renumbered existing §§ 28-130--28-136 as 28-131--28-137. 

Sec. 28-131.  Permit to erect.

No permanent or temporary event sign shall be erected without first obtaining a sign permit. Every application for a sign permit shall be accompanied by a set of plans showing the area of the sign, the size, the structure, character and design proposed, the method of illumination if any, the exact location of the sign, building frontage, road frontage and clear sight triangles. A fee as determined by the board of supervisors shall be paid for each sign permit. The largest face of a multiple face sign shall be computed to determine the square footage.(Ord. No. 094-29, § 28-810, 8-9-94; Ord. No. 098-42, 6-2-98; Ord. No. O08-02, 5-6-08)See editor's note following § 28-130.

Sec. 28-132.  Approval of internal illumination.Any internally illuminated sign must have a U.L. label or meet the minimum standards of

the Uniform Statewide Building Code.(Ord. No. 094-29, § 28-811, 8-9-94; Ord. No. O08-02, 5-6-08)

Editor's note:  See editor's note following § 28-130. 

Sec. 28-133.  Exception from setback requirements.Signs shall be exempt from setback requirements in all districts; provided, however, that

no sign shall be so located as to interfere with vehicular clear sight triangle distance at intersections or to create a safety hazard.(Ord. No. 094-29, § 28-812, 8-9-94; Ord. No. O08-02, 5-6-08)

Editor's note:  See editor's note following § 28-130. 

Sec. 28-134.  Traffic hazard.No sign shall be located or illuminated in such a manner as, in the opinion of the zoning

administrator or his designee, to cause a traffic hazard. Where a permit is required, the permit shall not be issued until the location and illumination, if any, of the sign are approved by the zoning administrator or his designee, who may consult with the Resident Engineer of the Virginia Department of Transportation to assist in determining whether the sign would constitute a traffic hazard.(Ord. No. 094-29, § 28-813, 8-9-94; Ord. No. O08-02, 5-6-08)

Editor's note:  See editor's note following § 28-130. 

Sec. 28-135.  Clearance for projecting signs.No part of any sign projecting more than twelve (12) inches from any wall or from any

other support shall be less than ten (10) feet above the level of the ground at that point. Signs projecting over vehicle traffic shall be not less than fourteen (14) feet above ground level.(Ord. No. 094-29, § 28-814, 8-9-94; Ord. No. O08-02, 5-6-08)

Editor's note:  See editor's note following § 28-130. 

Sec. 28-136.  Repair and removal of signs.Whenever the zoning administrator or his designee determines that a sign is structurally

unsafe or endangers the safety of a structure, premises, or the public, or is erected or maintained in violation of the provisions of this chapter, the zoning administrator or his designee shall order the sign to be made safe or in compliance with this chapter, as the case may be, or to be removed. Such order shall be sent by registered mail, return receipt requested, and shall be complied with.(Ord. No. 094-29, § 28-815, 8-9-94; Ord. No. O08-02, 5-6-08)

Editor's note:  See editor's note following § 28-130. 

Sec. 28-137.  Types of signs permitted in P-TND districts.(a)   Monuments.    (1)   Project or community identification signs may only be monument signs no larger than twelve (12) feet above finished grade.

(2)   The signage area of the monument sign shall not exceed one hundred (100) square feet; for double-face monument signs, the sign area for each side shall not exceed one hundred (100) square feet.(3)   A monument sign may be located on both corners of the street at an intersection.(4)   The lettering style for the monument sign shall be legible, simple and straightforward, with the size of letters scaled to pedestrian and vehicular sight lines from the street.(5)   Any illumination of monument signs must not exceed 1.0 f.c. (foot candle) at the property/right-of-way line. External lights fixtures for monument signs should be concealed or screened by landscaping and directed so that no glare impacts motorists.(6)   High pressure sodium vapor (yellow-orange) lighting is prohibited.(b)   Building signs.    (1)   No more than two (2) major user signs are permitted on the top level of any building.(2)   The total area of signage for the building shall not exceed one and one-half (1.5) square foot of sign for each linear foot of the building frontage in which the sign is attached upon to a maximum of one thousand (1,000) square feet.(3)   Roof-mounted signs or signs protruding above the building roof line or above the parapet wall prohibited.(4)   Major user signs should consist of individual, pin-mounted channel letters, (illuminated or nonilluminated).(5)   For buildings up to three (3) stories, the major user sign may have letter or logo height up to three (3) feet.(6)   For buildings taller than four (4) stories, the major user sign may have letter or logo heights up to four (4) feet.(c)   Tenant signs.    (1)   Each office building is allowed to have two (2) signs adjacent to the principal entrance that list the major building tenants.(2)   The total sign area for each sign shall not exceed twenty-five (25) square feet.(3)   Tenant signs are only permitted on the first level or ground level of a building.(4)   The style and height of letters should be standardized and should relate to the size of the area to which the sign will be attached. The height of the letters should be eight (8) to fourteen (14) inches. Logos are permitted.(5)   Window signs may be permitted along the first or ground level only. Consideration to the size and location of the window sign needs to be proportional to the size of the window and not to cause clutter.(6)   One blade sign for each business not to exceed five (5) square feet, may be attached perpendicular to the facade and must have at least eight (8) feet of clearance between the bottom of the blade sign and the sidewalk and shall not project more than forty-two (42) inches from the wall.(d)   Illuminated signs.    (1)   External illumination fixtures, most appropriately used for wall mounted retail signs are advised to be permanently mounted and the light source permanently directed.(2)   Halo illumination is preferred to internally illuminated signs. Internally illuminated box signs are discouraged.(3)   Illuminated signs shall not disturb nearby uses, particularly residential uses, and should not exceed 1.0 f.c. (foot candle) measured at any property/right-of-way line.(4)   High pressure sodium vapor (yellow-orange) lighting is prohibited.(5)   Fixtures styles should complement the architectural style or character of the building.(6)   Building-mounted sign conduits, raceways, transformers, junction boxes, etc. should be concealed or painted so as to make them as inconspicuous as possible.(e)   Address signs.  One address number no less than six (6) inches measured vertically shall be attached to the building in proximity to the principal entrance. Per section 28-145 of the zoning ordinance, the number shall be Arabic numerals only. Roman numerals or the spelling-out of an address is prohibited.  (f)   Directional signs.    (1)   Directional signs shall be no higher than eight (8) feet measured from the base of the sign.

(2)   Directional signs shall be clearly visible to vehicular traffic and located far enough from the nearest curb of an intersection to prevent visual interference of any street signs or traffic.(g)   Critical resource protection area (CRPA) sign.    (Ord. No. O07-39, 7-17-07; Ord. No. O08-02, 5-6-08; Ord. No. O08-56, 9-16-08)

Editor's note:  See editor's note following § 28-130.  Secs. 28-138--28-140.  Reserved.

ARTICLE IX.  ADDRESSING

Sec. 28-141.  Purpose and intent.The purpose of this article is to provide for the creation and maintenance of a uniform

countywide system for the assignment of permanent and unique addresses to all principal buildings in Stafford County. This article, by creating such a system, is designed to assist fire and rescue companies, the United States Postal Service, and other agencies in the timely and efficient provision of their services to the residents and businesses of Stafford County.(Ord. No. 094-29, § 28-901, 8-9-94)

Sec. 28-142.  Establishment and adoption.A system for naming roads and assigning numbers to principal buildings, is hereby

established. The index of official road names, on file in the office of planning, is hereby adopted and made a part of this article.(Ord. No. 094-29, § 28-902, 8-9-94)

Sec. 28-143.  Administration of system.The director, or his duly authorized agent, shall be responsible for administering the

addressing system established herein, in accordance with the provisions of this article.(Ord. No. 094-29, § 28-903, 8-9-94)

Sec. 28-144.  Responsibilities of the director.(a)   The director shall determine roads requiring road names, in accordance with the provisions of this article.(b)   The director shall record all road names assigned under this article, and the subdivision ordinance, in the index of official road names. The director may amend the index of official road names to correct inaccuracies in explanatory material relative to particular roads or to remove road names not approved by the board of supervisors prior to the effective date of this article.(c)   The director shall be responsible for the assignment of addresses to all existing and future buildings in accordance with the provisions of this article.(d)   The director shall record all numbers assigned under this article in the atlas of official road names and principal building numbers, on file in the office of planning.(e)   The director shall be assisted by the guidelines for addressing, on file in the office of planning, in the assignment of all addresses and in the establishment of administrative procedures for the distribution of such addresses. Where the provisions of this article are deemed insufficient to determine the correct procedure for an address assignment, the current guidelines for addressing shall be revised to establish a procedure which reflects the purpose and intent of this article.(e)   The director shall be responsible for the installation and maintenance of street name signs at all intersections of public roads named under this article.(Ord. No. 094-29, § 28-904, 8-9-94)

Sec. 28-145.  Responsibilities of the property owner.The owner of a principal building shall post the building's assigned number in a manner

so as to be visible and distinguishable from the road on which the building fronts. If a building does not front on a road or is not visible from the road, then the number shall be posted at a walk, driveway, or the suitable location so that it is easily discernible from the road. The number

shall be posted in a manner which clearly associates the number with the building to which it has been assigned. The number shall be Arabic numerals only. The cost of such posting shall be the responsibility of the property owner.(Ord. No. 094-29, § 28-905, 8-9-94; Ord. No. O05-35, 6-21-05)

Sec. 28-146.  Compliance.(a)   Addresses shall be reserved for named roads. Buildings along such roads shall be identified by reference to the addressing system adopted herein.(b)   Property owners of existing buildings and those buildings issued a building permit prior to the system becoming operational along the road from which the building is addressed shall comply with the provisions of this article within one year of the date of notification of an address assigned by the director.(c)   Property owners of future buildings and those buildings issued a building permit after the system is operational along the road from which the building is addressed shall comply with the provisions immediately upon receipt of an address by the director.(d)   Building permits for buildings along roads where the system is operational shall be issued only after an official address is assigned in accordance with the provisions of this article.(e)   Occupancy permits for buildings along roads where the system is operational shall only be issued after proper posting of the building number is completed in accordance with this article.(Ord. No. 094-29, § 28-906, 8-9-94)

Sec. 28-147.  Assignment of road names.(a)   Road names shall be assigned to all public and private vehicular accesses serving more than one principal building, when such buildings cannot be clearly identified from any intersecting road.(b)   Road names shall not duplicate or closely approximate road names already assigned. Family surnames may be used as road names.(c)   The board of supervisors may name or rename an existing or newly established road at any time by amending and reordaining this article, in accordance with section 15.2.-2204 of the Code of Virginia (1950), as amended. Changes in road names involving only road name prefixed or suffixes, including but not limited to, "street," "road," "avenue," "boulevard," "drive," "way," "place," "lane," or "court," shall be subject only to administrative review and approval by the county administrator or the administrator's designee. The naming or renaming of any road shall be in accordance with by the current guidelines for naming roads, on file in the office of planning.(d)   Road names must be found in the Cambridge Dictionary. Any modification to this regulation shall be approved by the director of the planning department.(Ord. No. 094-29, § 28-907, 8-9-94; Ord. No. 001-20, 3-20-01; Ord. No. O05-25, 6-21-05)

Sec. 28-148.  Assignment of building numbers.(a)   Building numbers shall be assigned to all principal buildings within Stafford County.(b)   Odd numbers shall be assigned on the left side of a road, and even numbers to the right side of a road. Left and right shall be determined from the perspective of a traveler moving away from the road origin in a forward motion.(c)   The board of supervisors may, by resolution, establish a road's origin. In the absence of a board resolution, the origin of a road shall be the end point with the greatest average daily traffic (ADT), as determined from the most current Virginia Department of Transportation counts, when available. In cases where no ADT counts are available, the origin shall be the end point where it is most reasonable to expect traffic to be the greatest.(d)   In subdivisions requiring the submission of a preliminary plan, where this chapter precludes subdivision of individual lots, and in manufactured home parks, numbers shall be assigned lot by lot. In all other cases, numbers shall be assigned at a twenty-foot interval along the centerline of the road on which the property has direct vehicular access to.Addresses for corner lots or lots which front on more than one road shall be assigned on the road that the driveway originates. If the driveway accesses both roads, then the address shall be assigned to the road on which a building fronts. If the driveway accesses both roads and the

building is situated at an angle then the address shall be assigned to either road at the discretion of the agent or his designee.(e)   A building on a parcel fronting a named road, and clearly identifiable from that road, shall bear the number assigned to the interval which captures the midpoint of the building front. In all other cases, a building shall bear the number assigned to the interval which captures a majority of the building driveway.(f)   In cases where a building is occupied by more than one business, each separate office, commercial, or industrial space shall be designated by a suite number or similar designation. The suite number or like designation, shall be separate from the number assigned to the building and shall be indicative of the floor on which the business is located.(g)   In cases where a building is occupied by more than one residential unit, each separate front entrance shall be assigned a building number; no number shall be assigned to the building as a whole. When at least one unit has no separate front entrance, each unit shall be designated by an apartment number or like designation. The apartment number or like designation, shall be separate from the number assigned to the building and shall be indicative of the floor on which the apartment is located.(h)   In cases where the quantity of available numbers along a segment of road is fewer than the number of units which require a number along that segment of road, alphanumeric numbers shall be assigned when whole numbers have been exhausted.(i)   In cases where a building is located on a corner lot, the address shall be assigned from the street where primary ingress and egress is obtained.(Ord. No. 094-29, § 28-908, 8-9-94; Ord. No. O05-03, 3-15-05; Ord. No. O05-03, 3-15-05)

Sec. 28-149.  Appeals.(a)   When a citizen is aggrieved by the application of the provisions of this article to property owned by such citizen, an appeal may be made to the county administrator.(b)   Such appeal shall be in writing and state the nature of the appeal. The county administrator shall interpret the appeal as reasonable or unreasonable, and shall affirm or not affirm the decision of the director, accordingly. Where the decision of the director is not affirmed, the county administrator shall instruct the director to provide redress in a manner consistent with the purpose and intent of this article.(c)   When an appeal is determined to be unreasonable by the county administrator, the appellant, at his sole discretion, may appeal to the board of supervisors through the county administrator. All such appeals shall be forwarded to the board of supervisors for their consideration. The decision of the board of supervisors, in an appeal under this section, shall be final.(Ord. No. 094-29, § 28-909, 8-9-94)Secs. 28-150--28-160.  Reserved.

ARTICLE X.  CONDITIONAL ZONING

Sec. 28-161.  Purpose.The purpose of conditional zoning is to provide for the reasonable and orderly

development and use of land in those situations in which circumstances indicate that the existing district regulations are not adequate. Conditional rezoning is intended to be used where reasonable conditions, voluntarily proffered by the applicant for rezoning and not generally applicable to land similarly zoned, would make the requested rezoning compatible with the surrounding zone districts and uses.(Ord. No. 094-29, § 28-1001, 8-9-94)

Sec. 28-162.  Applicability.A conditional zoning district is a zoning district, or portion thereof, which has been

established pursuant to the provisions of this article,a nd which is subject to certain reasonable conditions voluntarily proffered in writing by the owner, or agent of the owner, and agreed to by the board of supervisors as part of a reclassification of property in a zone district.

The voluntary conditions proffered by the applicant for a conditional rezoning, if approved by the board of supervisors, are applicable in addition to those regulations applicable to a particular zoning district or portion thereof.(Ord. No. 094-29, § 28-1002, 8-9-94; Ord. No. O06-79, 10-17-06)

Sec. 28-163.  Review.Applicants for rezoning using proffers shall make application on forms provided by the

planning department to the director of planning or his designee and shall include the voluntarily proffered conditions, or a statement of intent to file written proffers, the required fee, an affidavit and required analysis of significant impact. The director of planning or his designee shall forward the application to the planning commission for a public hearing, after proper legal notice, who shall make its findings and recommendation to the board of supervisors. The board of supervisors shall advertise and hold a public hearing pursuant to the requirements of this article after which it shall vote on the application. The board may consider additional proffers, withdrawal of proffers, substantial changes to the package of proffers, or amendments to conditions, if the same have been voluntarily proffered in writing by the applicant and the owner.(Ord. No. 094-29, § 28-1003, 8-9-94; Ord. No. O05-53, 12-13-05; Ord. No. O06-79, 10-17-06)

Sec. 28-164.  Requirements.(a)   Requirements for proffers.  Conditional rezoning, based upon proffers by the owner of the property, will be allowed subject to the following requirements:  (1)   The proffered conditions must be part of the rezoning request;(2)   The proffered conditions must be offered by the owner prior to the public hearing of the board of supervisors, except that the board may accept amended proffers once the public hearing has begun if the amended proffers do not materially affect the overall proposal;(3)   The proffered conditions must be voluntarily offered by the property owner;(4)   The proffered conditions must be in writing and signed by the owner;(5)   The proffered conditions must be reasonable;(6)   The rezoning itself gives rise to the need for the proffered conditions;(7)   Such conditions have a reasonable relation to the rezoning; and(8)   All such proffered conditions are in conformity with the comprehensive plan of the county and with the requirements of the Code of Virginia.(b)   Dedications included in proffers.  In the event that a proffer includes the dedication of real property or the payment of cash, such property shall not transfer and such cash payment shall not be made until the facilities for which such property is dedicated or cash is tendered are included in the capital improvements program of the county; provided however, that nothing herein shall prohibit the county from accepting proffered conditions which are not normally included in the capital improvements program. 

If proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall include provisions for the disposition of the property or cash in the event the property or cash is not used for the purpose for which it was proffered. Such provisions may include the return of the property or cash to the owner, or such other disposition as is agreed to by the county and the owner at the time the proffer is made.(Ord. No. 094-29, § 28-1004, 8-9-94; Ord. No. O06-79, 10-17-06)

Sec. 28-165.  Appeals.Appeals of a decision of the board of supervisors may be taken to the Stafford County

Circuit Court, as prescribed by law.(Ord. No. 094-29, § 28-1005, 8-9-94)

Sec. 28-166.  Indexing of conditions.The zoning map shall show, by an appropriate symbol on the map, the existence of

conditions attaching to the zoning on the map. The zoning administrator or his designee shall keep in his office and make available for public inspection a conditional zoning index. The index shall provide ready access to any ordinance creating conditions in addition to the regulations for in a particular district.

(Ord. No. 094-29, § 28-1006, 8-9-94)

Sec. 28-167.  Enforcement of conditions.The zoning administrator or his designee shall be vested with all necessary authority on

behalf of the board of supervisors to administer and enforce conditions attached to rezoning, including but not limited to:(1)   Issuance of written orders to comply with such conditions;(2)   Initiating legal action to ensure compliance;(3)   Requiring a guarantee or contract, or both, for construction of physical improvements required by conditions; and/or(4)   Denial of issuance of any use, occupancy, or building permits.(Ord. No. 094-29, § 28-1007, 8-9-94)Secs. 28-168--28-180.  Reserved.

ARTICLE XI.  PERMITS

Sec. 28-181.  Purpose.The purpose of this article is to set forth the provisions and procedures for obtaining

needed permits and certificates.(Ord. No. 094-29, § 28-1101, 8-9-94)

Sec. 28-182.  Zoning permits.(a)   When required.  No building or structure shall be erected, constructed, altered, moved, converted, extended or enlarged without a zoning permit issued by the zoning administrator or his designee. No zoning permit shall be issued by the zoning administrator or his designee except in conformity with the provisions of this chapter.  (b)   Applications.  Applications for zoning permits shall be made to the zoning administrator or his designee on forms provided. Each application shall be accompanied by a plan drawn to scale showing the size and shape of the parcel of land, the location of the structure or the use with respect to the property lines and to the right-of-way of any street or highway, written verification from the county treasurer that all delinquent real estate taxes on the subject property have been paid in full and any other information which the zoning administrator or his designee deems necessary for consideration in review of the application.  (c)   Procedure.  Upon receipt of an application, the zoning administrator or his designee shall review the application for completeness. If the application is not complete, the zoning administrator or his designee shall, within five (5) working days, return the application to the applicant noting the deficiencies. If the application is complete, the zoning administrator or his designee shall review the application and shall, within five (5) working days, either approve or deny the application. If the application is denied, the zoning administrator or his designee shall state in writing the reasons for the denial.  (d)   Appeal.  If the application is denied, the applicant may appeal the decision of the zoning administrator or his designee to the board of zoning appeals, as provided in article XIX.  (Ord. No. 094-29, § 28-1102, 8-9-94; Ord. No. 096-47, 10-15-96)

Sec. 28-183.  Building permits.(a)   When required.  No building or structure shall be erected, constructed, altered, moved, converted, extended or enlarged without a building permit, and no building permit shall be issued unless its issuance is approved by the zoning administrator or his designee. No zoning permit shall be issued nor building permit approved by the zoning administrator or his designee except in conformity with the provisions of this chapter.  (b)   Applications.  Applications for zoning permits shall be made to the zoning administrator or his designee on forms provided.  (c)   Procedure.  Upon receipt of an application for a zoning permit, the zoning administrator or his designee shall review the application for completeness. If the application is not complete, the zoning administrator or his designee shall, within five (5) working days, return the application to the applicant noting the deficiencies. If the application is complete, the zoning administrator or

his designee shall review the application and either issue the permit or deny the application. If the proposed use is in conformity with the provisions of this chapter and all other applicable laws and ordinances, as certified to the zoning administrator or his designee by the officers, bodies, or agencies responsible for the administration thereof, the zoning administrator or his designee shall, within five (5) working days, issue the building permit. If the application is denied, the zoning administrator or his designee shall state in writing the reasons for the denial.  (Ord. No. 094-29, § 28-1103, 8-9-94)

Sec. 28-184.  Certificates of occupancy.(a)   When required.  No land shall be used or occupied nor shall any building erected or structurally altered be used or changed in use without the issuance of a certificate of occupancy by the zoning administrator or his designee. Such certificate shall state that the building or proposed use complies with the building laws and the provisions of this chapter.  (b)   Application.  Certificates of occupancy shall be applied for within ten (10) days after the erection or alteration of structures that have been completed.  (c)   Procedure.  Upon receipt of an application for a certificate of occupancy, the zoning administrator or his designee shall review the application for completeness. If the application is not complete, the zoning administrator or his designee shall, within five (5) working days, return the application to the applicant noting the deficiencies. If the application is complete, the zoning administrator or his designee shall review the application and either issue the certificate or deny the application. If the proposed use is in conformity with the provisions of this chapter and all other applicable laws and ordinances, as certified to the zoning administrator or his designee by the officers, bodies, or agencies responsible for the administration thereof, the zoning administrator or his designee shall, within five (5) working days, issue the certificate of occupancy. If the application is denied, the zoning administrator or his designee shall state in writing the reasons for the denial.  (Ord. No. 094-29, § 28-1104, 8-9-94)

Sec. 28-185.  Conditional use permits.(a)   Purpose and intent.  Issuance of a conditional use permit shall be required for those uses designated as conditional uses in Article III. Conditional uses are those uses which are generally compatible with the other land uses permitted in a land use district, but which require individual review of their location, design, and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location. These uses have some unique character or probable special impacts such that their effect on the surrounding area cannot be determined in advance of the use being proposed at a particular location.  (b)   General provisions.  The following provisions shall apply for all conditional use permits:  (1)   Conditional use permits may be authorized upon a finding by the board of supervisors that the use will not be detrimental to the character and development of the adjacent land and will be in harmony with the purpose and intent of this chapter.(2)   Any use, building, or activity lawfully existing on the effective date of this chapter, or for which a building permit was issued prior to the effective date of this chapter, shall not require a conditional use permit, so long as such existing use, building, or activity is not expanded or enlarged.(3)   Should a request for a conditional use permit be denied, at least one year shall elapse before another application for the same is considered.(4)   Any application for a conditional use permit may be withdrawn upon written request by the applicant at any time prior to the submission of any public hearing notice for advertisement. If such request for withdrawal is made after publication of notice for public hearing, such withdrawal shall only be with the consent of the body which had advertised for the public hearing. No new application concerning any or all of the land included in the original application shall be filed within six (6) months of the date of the action, unless the respective body approving withdrawal specifies that the time limitation shall not apply.(c)   Conditional use permits.  No conditional use permit shall be issued except in conformance with the following provisions: 

(1)   An application for a conditional use permit shall be submitted to the Stafford County Department of Planning and Community Development, and shall contain the following information:a.   A completed application for a conditional use permit in an approved form provided by the department of planning and community development.b.   A generalized development plan in accordance with Article XIII.c.   A nonrefundable application fee, as established by the board of supervisors.d.   Impact statements on the effects to traffic volumes and capacities, public water and sewer capacities, noise, dust and smoke emissions.e.   Written verification from the county treasurer that all delinquent real estate taxes on the subject property have been paid in full.(2)   An application for a conditional use permit shall be reviewed by the staff.(3)   After receiving the report and recommendation of the staff, the planning commission shall, pursuant to notice and public hearing requirements of Code of Virginia, § 15.2-2204, hold a public hearing and make a recommendation on the application to the board of supervisors to grant, grant with conditions, or deny the conditional use permit.(4)   Upon receiving the report and recommendation of the planning commission, the board of supervisors shall hold a public hearing pursuant to notice and public hearing requirements of Code of Virginia, § 15.2-2204. Subsequent to the public hearing, the board of supervisors shall render a decision on the application to grant, grant with conditions, or deny the conditional use permit.(5)   Per Code of Virginia, § 15.2-2289 and section 28-297 of this Code, the application shall include completed affidavit forms as provided by the planning department disclosing the equitable ownership of the real estate to be affected by the application, in the case of corporate ownership, the name of stockholders, officers and directors and in any case the name and addresses of all the real parties of interest.(6)   At least fifteen (15) days prior to a conditional use permit public hearing before the planning commission, board of supervisors, or a joint session of both, the planning commission or its representative shall erect on the property proposed for a conditional use permit a sign or signs furnished by the planning director or his designee indicating the proposed use, and the date, time, and place of the hearing. The sign shall be erected within ten (10) feet of whatever boundary line of such property abuts a public road, and shall be placed so as to be clearly visible from the road. The bottom of the sign shall be not less than fifteen (15) inches above the ground. If more than one public road abuts such property, then a sign shall be erected in the same manner for each such road. If no public road abuts the property proposed for the Conditional use permit, then signs shall be erected in the same manner as provided for, above on at least two (2) boundaries of the property abutting land owned by the applicant.(7)   Written notice shall be given by the planning commission or its representative to all adjoining property owners no less than five (5) days before the public hearing before the planning commission or board of supervisors. Notice sent to the last known address of any such owner, as shown on the current real estate tax assessment books of the county, shall be deemed adequate compliance with this requirement. In the event the adjoining property is within another jurisdiction of the commonwealth, the notice shall be sent to the administrator or executive of that jurisdiction. If the public hearing before the planning commission and/or board of supervisors is cancelled, notice shall be remailed no less than five (5) days before the rescheduled public hearing.a.   The written notice by the planning commission or its representative shall be by certified mail. Costs of all notices, including publication, posting, and mailing, as required under this section, shall be taxed to the applicant.(d)   Standards for issuance.  A conditional use permit may be granted for any use shown as a conditional use in a land use district only if the board of supervisors finds that the issuance of the permit will meet all other requirements of this chapter and is in accord with the following standards:  (1)   The use shall not tend to change the character and established pattern of development in the vicinity of the proposed use;

(2)   The use shall be in harmony with the uses permitted by right under a zoning permit in the land use district and shall not adversely affect the use of adjacent properties;(3)   The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof;(4)   The use shall not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use;(5)   The use shall not be detrimental to the public welfare or injurious to property or improvements in the neighborhood; and(6)   The use shall be in accord with the purposes and intent of this chapter and the comprehensive plan of the county.(e)   Conditions.  In granting any conditional use permit, the board of supervisors shall designate such conditions in connection therewith as will, in its opinion, assure that the use will conform to the requirements set out in this subsection and that will continue to do so. Such conditions may include, but are not limited to, the following:  (1)   Conditions may be imposed to abate or restrict noise, smoke, dust or other elements that may affect surrounding properties;(2)   Establish setback, side or rear yard requirements necessary for orderly expansion and to prevent traffic congestion;(3)   Provide for adequate parking and ingress and egress to public streets and roads; and(4)   Provide adjoining property with a buffer or shield from view of the proposed use, if deemed necessary.(f)   Revocation.  Any permit issued pursuant to this article may be revoked by the board of supervisors, after notice and hearing pursuant to § 15.1-431 of the Code of Virginia, for willful noncompliance with this ordinance or any conditions imposed under the authority of this article.  (Ord. No. 094-29, § 28-1105, 8-9-94; Ord. No. 095-12, 3-7-95; Ord. No. 096-47, 10-15-96; Ord. No. O05-54, 12-13-05; Ord. No. O06-42, 6-20-06; Ord. No. O06-66, 9-19-06; Ord. No. O08-51, 6-17-08; Ord. No. O08-71, 12-2-08)Secs. 28-186--28-200.  Reserved.

ARTICLE XII.  AMENDMENTS TO ZONING MAPS

Sec. 28-201.  Purpose.Whenever the public necessity, convenience, general welfare or good zoning practice

requires, the board of supervisors may change boundaries prescribed on the official zoning map by majority vote, provided such action is in conformity with the provisions of this article.(Ord. No. 094-29, § 28-1201, 8-9-94)

Sec. 28-202.  Applicability.(a)   The location and boundaries of the districts established by article III of this chapter are set forth and indicated on the official zoning maps which are located in the Stafford County Office of Zoning and Inspections. No changes of any kind may be made in these maps except in conformity with the procedures set forth in this article.(b)   Amendments to the zoning map shall be initiated by the filing with the director of planning or his designee of a petition by the owners or contract owners of land proposed to be rezoned. An amendment to the zoning map is hereafter referred to generally as a "rezoning."(Ord. No. 094-29, § 28-1202, 8-9-94)

Sec. 28-203.  Submission.(a)   Requests for rezoning shall be filed with the director of planning or his designee. Such request shall be filed on standard forms supplied for that purpose and shall include:(1)   A general development plan, in accordance with article XIII of this chapter.(2)   Written verification from the county treasurer that all delinquent real estate taxes on the subject property have been paid in full.

(3)   Per § 15.2-2289, Code of Virginia (1950), as amended, and section 28-297 of this Code, completed affidavit forms as provided by the planning department disclosing the equitable ownership of the real estate to be affected by the application, in the case of corporate ownership, the name of stockholders, officers and directors and in any case the name and addresses of all the real parties of interest.(b)   When the owner or owners of property request a rezoning, a fee established by the board of supervisors by ordinance shall be charged and collected at the time a request is filed.(c)   Requests for rezoning meeting the following criteria shall be accompanied with an analysis of impact:(1)   Any reclassification to any land use district where maximized development under the regulations of that district would generate five hundred (500) or more average daily trips for the development. Calculations for trip generation rates shall be based on data from the most current edition of the Institute of Traffic Engineers Trip Generation Manual, a traffic study for the site done to standards approved by Stafford County, or using average daily trip (ADT) rates supplied by Stafford County;(2)   Any rezoning with a potential gross density of seven (7) dwelling units per acre;(3)   Any residential reclassification with the potential for fifty (50) dwelling units or more on the site;(4)   Any rezoning of more than fifty (50) acres;(5)   Any rezoning to a commercial classification of land adjoining land included in a residential classification.(d)   The required analysis shall describe the differences which would result from development under the current zoning classification and from development under the proposed classification. The required analysis shall consider and shall be based on:(1)   The current capacity of and the anticipated demands on highways, utilities, storm drainage, schools, and recreational facilities;(2)   The potential tax revenues and anticipated public expenditures;(3)   The location of and impact on environmental features such as; endangered species, wetlands, steep slopes and highly permeable soils;(4)   The impact on adjacent property and property values;(5)   Location of and proximity to designated and identified historic sites.These studies shall describe the differences which would result from maximum, ultimate development of the land under the proposed zoning classification as compared to maximum development under the existing zoning classification. Such studies shall be prepared in accordance with guidelines set forth by the office of planning and shall be a part of the official application.(e)   Unless this requirement is waived in accordance with section 28-223, each application for a rezoning shall also be accompanied by a generalized development plan, prepared and submitted in accordance with the requirements of article XIII of this chapter.(Ord. No. 094-29, § 28-1203, 8-9-94; Ord. No. 096-47, 10-15-96; Ord. No. O05-54, 12-13-05)

Sec. 28-204.  Review.(a)   The planning commission shall take action on the proposed additions or modifications within ninety (90) days and report its recommendations to the governing body. If, in the opinion of the planning commission, the public necessity, convenience, general welfare, and good zoning practice require, the commission may recommend a decrease in the land area to be rezoned, or that a less intensive classification be granted than is set forth in the request.(b)   Failure of the planning commission to report its recommendation within ninety (90) days after the first meeting of the commission after the proposed amendment was first referred to the commission shall be deemed a recommendation for approval of the proposed amendment.(c)   Upon receipt of the recommendation of the planning commission, the board of supervisors shall hold a public hearing, in conformance with the requirements of this article. All such recommendations of the planning commission, when delivered to the board of supervisors, shall be available for public inspection.(d)   Following the hearing before the board of supervisors, the board shall either approve or deny the request, or any part thereof. Nothing herein shall preclude the board of supervisors

from decreasing the land are to be rezoned, or from zoning the property to a lesser intensive category than that which was requested.(Ord. No. 094-29, § 28-1204, 8-9-94)

Sec. 28-205.  Notice.(a)   No map amendment shall be adopted except after notice and a hearing before the planning commission and a notice and hearing before the board of supervisors as required by state law. The planning commission shall not recommend and the board of supervisors shall not adopt a map amendment until notice of intent to do so has been published at least once a week for two (2) consecutive weeks in a newspaper of general circulation in the county. If the map amendment results in a decrease of the allowable dwelling unit density of any parcel of land, written notice shall be given at least fourteen (14) days before the hearing to the owner or owners, their agent or the occupant, of each parcel involved.(b)   At least fifteen (15) days prior to a map amendment public hearing before the planning commission, the board of supervisors, or a joint session of both, the planning commission or its representative shall erect on the property proposed for a rezoning, a sign or signs furnished by the planning director or his designee indicating the change proposed, and the date, time, and place of the hearing. The sign shall be erected within ten (10) feet of whatever boundary line of such property abuts a public road, and shall be placed so as to be clearly visible from the road. The bottom of the sign shall be not less than fifteen (15) inches above the ground. If more than one public road abuts such property, then a sign shall be erected in the same manner for each such road. If no public road abuts the property proposed for rezoning, then signs shall be erected in the same manner as provided for, above on at least two (2) boundaries of the property abutting land owned by the applicant. The sign posting requirement shall not apply to any change in zoning district designation involving an overlay zoning district.(c)   If the parcel of land that is subject of a map amendment is located within three thousand (3,000) feet of a boundary of a military base, military installation, or military airport, excluding armories operated by the Virginia National Guard, then, in addition to the advertising and written notification as required herein, written notice shall also be given by the planning commission or its representative at least ten (10) days before the hearing to the commander of the military base, military installation, or military airport and shall advise the commander of the opportunity to submit comments or recommendations.(d)   Written notice shall be given by the planning commission or its representative to all adjoining property owners no less than five (5) days before the public hearing before the planning commission or board of supervisors. Notice sent to the last known address of any such owner, as shown on the current real estate tax assessment books of the county, shall be deemed adequate compliance with this requirement. In the event the adjoining property is within another jurisdiction of the commonwealth, the notice shall be sent to the administrator or executive of that jurisdiction. If the public hearing before the planning commission and/or board of supervisors is cancelled, notice shall be remailed no less than five (5) days before the rescheduled public hearing.i.   Written notice by the planning commission or its representative shall be by certified mail. Costs of all notices, including publication, posting, and mailing, as required under this section, shall be taxed to the applicant.(Ord. No. 094-29, § 28-1205, 8-9-94; Ord. No. 095-37, 5-16-95; Ord. No. O04-64, 12-7-04; Ord. No. O06-42, 6-20-06; Ord. No. O06-66, 9-19-06; Ord. No. O08-51, 6-17-08; Ord. No. O08-71, 12-2-08)

Sec. 28-206.  Criteria considered.At each hearing, the following criteria will be considered:

(1)   Compliance of the request with the stated requirements of the district or districts involved;(2)   The existing use and character of the property and the surrounding property;(3)   The suitability of the property for various uses;(4)   The trends of growth and development in the surrounding area;(5)   The current and future requirements of the county for land;

(6)   The transportation requirements of the project and the county, and the impact of the proposed land use on the county transportation network;(7)   The requirements for schools, parks, recreational lands and facilities, and other public facilities and services, potentially generated by the proposed classification;(8)   The conservation of property values in the surrounding area;(9)   The preservation of natural resources and the impact of the proposed uses on the natural environment;(10)   The most appropriate use of the land;(11)   The timing of the development of utilities and public facilities and the overall public costs of the development; and(12)   The consistency, or lack thereof, of the proposed rezoning with the Stafford County Comprehensive Plan as in effect at that time.(Ord. No. 094-29, § 28-1206, 8-9-94)

Sec. 28-207.  Limitation on filing new application after denial of request.Following the denial of a rezoning, no application for reclassification of the same land to

the same land use district shall be allowed for a period of twelve (12) months.(Ord. No. 094-29, § 28-1207, 8-9-94)

Sec. 28-208.  Withdrawal of application for rezoning.Any application for rezoning may be withdrawn upon the written request of the applicant,

any time prior to the submission of the public hearing notice for advertisement. If such request for withdrawal is made after publication of the notice of the public hearing, such withdrawal shall only be with the consent of either the planning commission or the board of supervisors, whichever body has advertised the public hearing. Following the withdrawal of a request for reclassification, no new application for reclassification of the same land to the same district shall be allowed for a period of six (6) months, unless the body approving withdrawal specifies that this time limitation shall not apply.(Ord. No. 094-29, § 28-1208, 8-9-94)

Secs. 28-209--28-220.  Reserved.

ARTICLE XIII.  GENERALIZED DEVELOPMENT PLANS

Sec. 28-221.  Purpose and intent.The purpose of the generalized development plan requirement is to provide a concept of

development related to a reclassification or conditional use permit in order to provide a basis for review of the proposed use of the subject parcel or lot.(Ord. No. 094-29, § 28-1301, 8-9-94)

Sec. 28-222.  Required.Applications for rezonings and conditional use permits shall be accompanied by a

generalized development plan (GDP) in accordance with this article; the GDP shall become a part of the respective application.(Ord. No. 094-29, § 28-1302, 8-9-94)

Sec. 28-223.  Waiver of requirements.The director of planning may waive the requirement for the submission of a GDP if the

application meets one of the following standards:(1)   There will be less than two thousand five hundred (2,500) square feet of total land disturbance on lots or parcels of less than ten thousand (10,000) square feet.(2)   For single-family dwellings intended for the occupancy of the applicant and where there will be less than five thousand (5,000) square feet of land disturbance.(3)   For specific items of information when, in the opinion of the director of planning, their application to the subject property does not serve the purpose and intent of this article.

(Ord. No. 094-29, § 28-1303, 8-9-94)

Sec. 28-224.  Qualifications for GDP preparation.When a GDP involves engineering, architecture, urban land use planning or design,

landscape architecture, or surveying, such work shall be performed by persons qualified and authorized to perform such professional work, in accordance with applicable provisions of the Code of Virginia.(Ord. No. 094-29, § 28-1304, 8-9-94)

Sec. 28-225.  Content.A GDP submitted with and as part of an application for reclassification or conditional use

permit shall at a minimum include the following:(1)   Date of drawing, true north arrow, scale, legend for all symbols used, name of the applicant, name of the owner, name of the development, the person preparing the drawing, match lines if applicable;(2)   Boundaries of the area covered by the application, a vicinity map showing the general location of the proposed development, major roads and existing subdivisions at a scale of one inch equals two thousand (2,000) feet;(3)   Approximate locations and identification of any easements and rights-of-way on or abutting the site;(4)   Approximate location of each existing and proposed structure on the site and the number of stories, height, roof line, gross floor areas and location of building entrances and exits;(5)   Identification and location of uses and structures on all abutting properties;(6)   Approximate location of all existing and proposed parking and loading areas, outdoor trash storage, lighting facilities, and pedestrian walkways;(7)   Approximate location, height and type of each existing and proposed wall, fence, and other types of screening;(8)   Approximate location and description of all proposed landscaping;(9)   Approximate location, height and dimensions of all proposed signage on site;(10)   Approximate location of all existing drainage ways, floodplains and wetlands on site;(11)   Approximate location of all common open space, recreational areas and bufferyards;(12)   Where the site abuts any tidal water body or impoundments, the approximate high water line, low water line, top of bank and toe of slope; and(13)   Approximate location and identification of all significant natural or noteworthy features including, but not limited to, historic and archeological sites, cemeteries, existing trees with a trunk diameter greater than six (6) inches DBH.(Ord. No. 094-29, § 28-1305, 8-9-94)

Secs. 28-226--28-240.  Reserved.

ARTICLE XIV.  SITE PLANS

Sec. 28-241.  Purpose and intent.The purpose of this article is to encourage innovative and creative design and facilitate

use of the most advantageous construction techniques for development of land in the county. It is further the intention of this article to ensure efficient use of land to promote high standards in the layout, design, landscaping, and preservation of open space, and construction of development.(Ord. No. 094-29, § 28-1401, 8-9-94)

Sec. 28-242.  Applicability.No development shall occur within the County of Stafford unless in accordance with the

provisions of this article.(Ord. No. 094-29, § 28-1402, 8-9-94)

Sec. 28-243.  Qualifications for site plan preparation.When a site plan involves engineering, architecture, urban/land use planning or design,

landscape architecture, or surveying, such work shall be performed by persons qualified and authorized to perform such professional work, in accordance with applicable provisions of the Code of Virginia.(Ord. No. 094-29, § 28-1403, 8-9-94)

Sec. 28-244.  Administration of article.(a)   The county administrator or his designee is hereby appointed as the agent representing the board of supervisors for administration of this article as provided for in the Code of Virginia.(b)   In addition to the provisions contained in this article, the county administrator, subject to the approval of the board of supervisors may from time to time establish reasonable administrative procedures not inconsistent with the provisions of this article. Requirements so established shall govern the administration of this article.(c)   Any person aggrieved of any decision of any administrative official whose decision is required pursuant to this article may, within thirty (30) days of such decision, appeal and have determination made by the board of zoning appeals pursuant to provisions of Article XIX.(Ord. No. 094-29, § 28-1404, 8-9-94)

Sec. 28-245.  When required.(a)   A minor site plan is required and shall be submitted for all minor developments as defined in section 28-25 unless waived under the provisions of subsection (c) herein.(b)   A major site plan is required and shall be submitted for all major developments as defined in section 28-25.(c)   The submission of a minor site plan may be waived by the agent for developments in which land disturbance is less than two thousand five hundred (2,500) square feet. The request shall be in writing to the agent describing the justification for the waiver.(d)   A preliminary site plan shall be required for all major developments when proposing two (2) or more detached buildings within the same contiguous development plan. The purpose of a preliminary site plan is to provide a concept of the proposed use of the subject property. Upon written request, the requirement for the submittal of the preliminary site plan may be waived by the agent provided the site has an approved general development plan (GDP) and the proposed development is in general compliance with the GDP.(e)   A minor grading plan may be required for the purpose of;(1)   Clearing more than two thousand five hundred (2,500) square feet but less than twenty-one thousand seven hundred eighty (21,780) square feet (one-half acre) that does not involve any structures or buildings;(2)   Adding fill with no structures or buildings;(3)   Stockpiling;(4)   Drainage project; or(5)   Other projects approved by the erosion and sediment/stormwater management administrator.(f)   A major grading plan may be required for the purpose of clearing, grading or stockpiling an area twenty-one thousand seven hundred eighty (21,780) square feet (one-half acre) or more that does not involve any structures, buildings or public facilities.(g)   An infrastructure plan may be required for the approval of pump stations and linear projects such as, but not limited to roads, sidewalks, trails and stormwater management facilities.(Ord. No. 094-29, § 28-1405, 8-9-94; Ord. No. 096-11, 3-19-96; Ord. No. O09-12, 3-3-09)

Sec. 28-246.  Fees.There shall be a fee charged for the examination and approval or disapproval of minor

site plans and both major preliminary and final site plans. This fee shall be established by the board of supervisors and shall be paid at the time of submission of the site plan.(Ord. No. 094-29, § 28-1406, 8-9-94)

Sec. 28-247.  Submission requirements for minor site development plans.When a minor site plan is required, it shall be drawn to the scale of one inch equals fifty

(50) feet or larger, on a clean, eight and one-half (8 1/2) inches × eleven (11) inches (or larger, but not to exceed forty-two (42) inches in any dimension) sheet of paper capable of being photocopied. The scale of the plan, the name of the individual who prepared the plan, and north direction indicator shall be shown. Additionally, at a minimum, the plan shall provide the following information, when applicable:(1)   The boundaries of the subject property and building setback lines;(2)   The location and dimensions of all existing and proposed structures;(3)   The location of all required parking and loading spaces, including handicapped facilities and access;(4)   Existing and proposed ingress/egress to and from the site;(5)   The location and dimensions of all required bufferyards and landscaped areas;(6)   The location and identification of all plantings to meet applicable landscaping requirements;(7)   The zoning designation for the site, including any proffers or conditions applicable to the development or use of the site, and the zoning designation of all abutting properties; and(8)   Any other information which the agent or his designee may deem necessary in order to fully evaluate the application.(Ord. No. 094-29, § 28-1407, 8-9-94)

Sec. 28-248.  Submission requirements for major site development plans.(a)   Every major site development plan shall show the name of the development, the name and address of the owner or developer, magisterial district, county, state, north direction indicator, date and scale of drawing, and number of sheets. In addition, a blank space no less than four inches square on the plan face for the use of the approving authority shall be reserved.(b)   Major site development plans shall be prepared to the scale of no less than one inch equals fifty (50) feet or larger. No sheet shall exceed forty-two (42) inches in size.(c)   A site development plan may be prepared on one or more sheets to show clearly the information required by this section and to facilitate the review and approval of the plan. If prepared on more than one sheet, match lines shall clearly indicate where the several sheets match.(d)   When more than one sheet is required to cover the entire project, a common sheet general in nature, shall be provided, which shall show all of the individual sheets of an application in proper relationship to each other.(e)   At least ten (10) clearly legible blue or black line copies of a site development plan, plus one vellum or sepia transparency, shall be submitted to the agent for the county.(f)   Profiles shall be submitted on standard plan profile sheets. Special studies, as required, may be submitted on standard cross section paper and shall be an approximate scale. No sheet size shall exceed forty-two (42) inches. Floodplain limit studies required by this chapter shall be shown on all profile sheets, with reference to properties affected and the centerline of the stream.(g)   All horizontal dimensions shown on the site development plan shall be in feet and decimals of a foot to be closest to one-tenth of a foot; and all bearings in degrees, minutes and seconds to the nearest ten (10) seconds, minimum accuracy.(Ord. No. 094-29, § 28-1408, 8-9-94)

Sec. 28-249.  Contents of site development plans.(a)   [Required.  ] Preliminary and final site development plans are required for all major development. Upon written request, the requirement for preliminary site development plans may be waived by the county administrator or his designee.  (b)   Preliminary site development plans.  Every preliminary site plan shall contain the following information:  (1)   The location and total acreage of the various types of land use.(2)   The location of the tract or parcel by means of an insert map at a scale of not less than one inch equals two thousand (2,000) feet, plus such information as names and numbers of

adjoining roads, streams and bodies of water, railroads, subdivisions, magisterial districts and other land marks sufficient to properly identify the location of the property.(3)   A topographical map compiled by either accepted field or photogrammetric methods with a contour interval not greater than five (5) feet.(4)   A boundary survey accurate to one foot in two thousand five hundred (2,500) feet relative to a specified meridian.(5)   The location, names and dimensions of proposed streets, alleys, easements and required building setbacks.(6)   Preliminary sketch plans indicating the provision for all utilities, including but not limited to, the proposed method of accomplishing drainage, water supply and sewerage disposal.(7)   The limits of flood plains and critical resource protection areas, which shall be established by current soil surveys or engineering methods as may be established or required by the agent or his designee.(8)   The location of all existing roads, easements and utility lines, as well as streams and drainage ways.(9)   The zoning designation of the site, including any statement of proffers or conditions applicable to the development or use of the site, including a description of their implementation, and the zoning designation of all abutting properties.(10)   North indication arrow.(11)   Any other information which the agent or his designee shall deem necessary in order to fully evaluate the application.(c)   Final site development plans.  A final site plan shall be based on a previously approved preliminary site plan, except where the requirement to submit a preliminary plan has been waived by the agent or his designee; all final site plans shall contain the following information in addition to that required for preliminary plans:  (1)   A certificate signed by the engineer or surveyor setting forth the source and title of the owner of the subject property and the place of record of the last instrument in the chain of title.(2)   A signature panel, with spaces identified for the signature of the agent, appropriate officials of the Virginia Department of Transportation, fire marshal, and department of utilities or health department.(3)   The names of owners and present use of adjoining properties.(4)   Location of all required building setback lines.(5)   Location, type and size of vehicular ingress and egress for the site, including fire lanes.(6)   Location, type, size and height of all buffering, landscaping, fencing, screening and retaining walls, where required under the provisions of this chapter.(7)   Existing topography, with a maximum of two-foot intervals, and the proposed finish grading by contour.(8)   Provisions for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction. These shall be reviewed under the procedures established in the county erosion and sedimentation control ordinances.(9)   All off-street parking spaces, parking bays, and loading spaces provided and the number required, and all handicapped facilities and access.(10)   The location, width, size and intended purposes of all easements and right-of-ways and whether they are to be publicly or privately maintained.(11)   The following data relative to all existing and proposed streets: Location, width, names, curve data, grades and sight distances at intersections with other streets and drives.(12)   Provision for the natural disposition of natural and storm water on- and off-site, in accordance with the current design criteria and construction standards for the commonwealth and the county, including but not limited to the calculation of the contributing drainage area in acres and the location, size, type and grade of ditches, catch basins, inlets, pipes and other drainage structures.(13)   All existing and proposed sanitary sewer facilities, indicating all pipe sizes, types, grades, invert elevations, location of manholes, and such other data as may be deemed necessary by the director of planning.

(14)   All existing and proposed water facilities, including all water mains, their sizes, valves and fire hydrant locations.(15)   The location of any proposed refuse removal pads. Such pads shall be located outside of public rights-of-way.(16)   The total acreage of the tract and the acreage proposed for each type of use, along with the proposed general use for each building and, if a multifamily residential building, the number of dwelling units shall also be shown.(17)   Location and size of all recreation and open space areas.(18)   Address of each building to be constructed, to include appropriate apartment or suite number in accordance with section 28-148 of this chapter.(19)   A copy of the applicable zoning ordinance for the property shall be affixed to the plan. A narrative of how the proffers will be implemented with the phasing of construction shall be provided on the plan sheets. The location of any recreation and other amenities shall be shown on the plan with a narrative of the components and timing of construction.(Ord. No. 094-29, § 28-1409, 8-9-94; Ord. No. 096-21, 5-7-96; Ord. No. 098-18, 3-17-98)

Sec. 28-250.  Notice after submission.(a)   Any person or developer who submits a site development plan for approval under the provisions set forth in this article shall submit written proof of notification to all property owners whom shall own property adjoining such property. Notice sent by registered or certified mail to the last known address of any such owner, as shown on the current real estate tax assessment books of the county, shall be deemed adequate compliance with this requirement. This provision of notice shall be the responsibility of the owner or developer, who shall mail receipts to the county at the time plans are submitted. No site development plan shall be approved within five (5) days of any such notice.(b)   The notification required by this section shall read as follows:

"This is to notify you that a site development plan has been submitted for approval to the Director of Planning and Community Development, County of Stafford, Stafford County Administration Center, 1300 Courthouse Road, Stafford, VA 22554 (540) 658-8668. The site plan may be reviewed at the above office."(c)   The agent shall promptly notify the board of supervisors of all site plan applications.(Ord. No. 094-29, § 28-1410, 8-9-94; Ord. No. O06-66, 9-19-06)

Sec. 28-251.  Review procedure.(a)   The agent or his designee is responsible for the review, the processing and the requesting of additional agency and consultant reports relative to a site development plan which has been submitted pursuant to this article. Developers are required to discuss the proposals contained in the site development plan, as submitted, with the staff officials of the county prior to official request for approval of that plan.(b)   In the performance of his duties with respect to site plans, the agent may request opinions and/or decisions, either verbal or written, from other departments, divisions, agencies or authorities of the county government, from officials, departments or agencies of the commonwealth and from other qualified persons, as may, from time to time, be retained.(c)   The agent shall submit site plans to the health department for its review and recommendation relative to proposed septic systems and water supply systems, including grading and drainage considerations related to the systems. No final site development plan shall be approved where individual water supply and/or septic tank systems are proposed, until written approval has been secure from the health director. The health director or his agent shall determine the suitability of the soil and topography for septic tank systems with subsurface disposal and shall not approve such development plan, when satisfactory service is not reasonablyanticipated.(d)   The review of a site plan shall ensure that adequate erosion and sedimentation control measures, as required and approved under the provisions of the county soil erosion and sedimentation control ordinance, are provided.(e)   A site plan shall be reviewed for general conformance with the recommended site plan preparation procedures and open space serving the general area of the site plan.

(f)   The developer shall be advised as to the recommendations and decisions of the agent. Such notification shall be by formal letter and/or legible markings and notes in red on the developer's plan showing the agent's decision.(Ord. No. 094-29, § 28-1411, 8-9-94)

Sec. 28-252.  Approval or disapproval generally.(a)   Approval or disapproval of a final site development plan by the agent shall occur within sixty (60) days of receipt of the final documents in the department of planning and zoning, unless abnormal or unusual circumstances exist, in which case the approval time may be extended.(b)   Approval of the site development plan and issuance of a land disturbing (grading) permit by the agent constitutes authorization to proceed with construction of improvements within the area proposed under the site development plan.(c)   Approval by the agent of the final site development plan submitted under the provisions of this article shall expire five (5) years from the date of such approval by the agent.(Ord. No. 094-29, § 28-1412, 8-9-94; Ord. No. 000-83, 11-16-00; Ord. No. O09-12, 3-3-09)

Sec. 28-253.  Issuance of building permits to conform to approved plan and article.

No permit shall be issued by any administrative offices or agent of the county for construction of any building or improvement requiring a permit in any area covered by a site development plan, except in conformity to the provisions of this article and the duly approved site development plan.(Ord. No. 094-29, § 28-1413, 8-9-94)

Sec. 28-254.  Plan changes and revisions.(a)   No change, revision or erasure shall be made on any pending or final site development plan nor on any accompanying data sheets where approval has been endorsed on the plan or sheets, unless authorization for such changes is granted in writing by the agent.(b)   Any site development plan may be revised and such revision shall be accomplished in the same manner as originally approved.(Ord. No. 094-29, § 28-1414, 8-9-94)

Sec. 28-255.  Approval of final plan prerequisite to construction or site improvement.

No construction or site improvement shall be initiated until the final site plan has been approved, except for grading under an approved grading plan.(Ord. No. 094-29, § 28-1415, 8-9-94)

Sec. 28-256.  Required standards and improvements generally.(a)   All improvements required to be installed by this article shall be installed at the cost of the developer in accordance with design and construction standards of the county. In cases where specifications have been established either by the board of supervisors or by the Virginia Department of Transportation (VDOT) for construction of streets, etc., or by this article for related facilities and utilities, such specifications shall be followed. The most restrictive specifications shall prevail. The developer's performance bond as discussed below shall not be released until construction has been inspected and accepted by an appropriate engineer or agent for the county and by VDOT, where appropriate.(b)   Prior to the approval and issuance of any land disturbing (grading) permit, there shall be executed by the owner or developer a performance agreement to construct, as required, physical improvements that are located within public rights-of-way or easements or as are connected to any public facility in form and substance as approved by the county, together with a security in the amount of the county approved estimated cost, dated within twelve (12) months of posting the security, of the required improvements, as determined by the agent for the

county. The performance agreement shall be in accordance with the Stafford County security policy adopted by the Board of Supervisors, 1984, and as amended.(c)   In addition to improvements and standards specified in other sections of this article, the following minimum standards and improvements shall also be required:(1)   When a site development plan abuts one side of any public street which is in the state highway system and/or maintained by the county or which is proposed by the comprehensive plan of the county, the subdivider shall be required to dedicate at least one-half of the right-of-way necessary to make horizontal and vertical adjustments to such street. Any such right-of-way addition shall be dedicated for public use when the plat is recorded. When a site development plan is presented on public streets of less than fifty (50) feet in total width, additional right-of-way shall be dedicated to achieve at least a minimum fifty (50) feet in width. All building setbacks shall be measured from the additional dedicated right-of-way. No alley on a site plan shall have a right-of-way of less than twenty (20) feet.(2)   All street and highway construction standards and geometric design standards shall be in accord with those established in the subdivision ordinance of the county.(3)   Private vehicular travel lanes or driveways designed to permit vehicular travel on the site and to and from adjacent property and parking areas shall be constructed not less than twenty (20) feet in width, except within parking areas, where it shall be at least eighteen (18) feet. Interparcel access shall be provided to adjacent properties where practical. Drive-thru window lanes and stacking lanes shall conform with section 28-102(8). These minimum specifications may be waived upon written request submitted to the board of supervisors. On any site bordering a state, primary, arterial or interstate highway, or adjacent to an existing service road in the state highway system, the developer, in lieu of providing travelways or driveways that provide vehicular travel lanes to and from adjacent property, may dedicate, where necessary, and construct a service road under county and state standards for such roads. In such event, the setback requirements shall be no greater if the service road is dedicated to the required setback, except in no instance shall a building be constructed closer than twenty (20) feet from the nearest right-of-way line.(4)   Cul-de-sacs are to be designed in accordance with the standards specified in the subdivision ordinance of the county.(5)   Interior travel lanes, driveways and parking bays [are] to be constructed in accordance with county standards and are to be congruous with the public street to which the travel lanes, driveways and parking bays are connected. Every parking bay shall be so constructed that no vehicle, when parked, will overhang property lines or travel lanes. At a minimum, all surfaces shall be to VDOT standards, excluding low-impact development sites in accordance with provisions of chapter 21.5 of this Code; provided, however, that churches, clubs, fraternal organizations and other similar uses which have infrequent demands upon parking areas may, upon presentation of written justification, be granted relief from part or all of the paving requirements by the board of supervisors, and this relief may be requested concurrent with the site plan review. At a minimum, however, parking and driving areas for the aforesaid uses shall be surfaced with crushed stone in an amount sufficient to prevent soil erosion, abate dust and provide an adequate driving surface. Contractor's equipment and vehicle storage areas, rural home businesses, landscaping businesses, plant nurseries, parking areas in floodplains and CRPAs and properties within HI districts shall be exempt from paving requirements. To retain historic integrity of cultural resources in HI districts, road surface treatment may be grass pavers, or another type of permeable surface treatment, in addition to crushed stone.(6)   Adequate easements shall be provided for drainage and all utilities on any parcel or tract in accordance with county standards. Where multiple structures or pipes are installed, the edge of the easement shall be at least five (5) feet clear of the outside pipes. Where easements do not follow the established lot lines, the nearest edge of any easement shall be a minimum of five (5) feet from any building.(7)   The developer shall provide for all utilities and services required, to include both on-site and off-site improvements. The determination of exact improvements required, i.e., size of lines and capacities, is to be established by the developer in conference with the director acting on the advise of appropriate officials, authorities, departments, and/or consultants having expertise on the subject. Tests or other methods of soil evaluation deemed necessary by the county health

department, wherever required, shall be the responsibility of the developer. When central water and/or sewer systems having sufficient capacity either exist or are proposed within a reasonable distance of the area of the site development plan, provisions shall be made to connect to the system.(8)   In the preparation of site development plans, consideration will be given to provide suitable areas for parks, schools, open space and other areas of public or private recreational use, especially when such facilities are proposed in the general vicinity of the area under consideration in the adopted comprehensive plan for the county.(9)   Adequate fire hydrants, with assurance of adequate water supply and distribution systems, will be provided by the developer, unless county policy, approved programs and the conditions then present warrant otherwise. Fire hydrants will be provided in the total area to be planned, and in such locations as are approved by the board of supervisors or its designated agent.(10)   Landscaping plantings, screening, fences, walks, curbs, gutters and other physical improvements shall be installed, where appropriate, along all affected street frontage and shall be designed to be congruent with physical improvements on adjacent properties, as required by this article, or other ordinances of the county and the regulations of VDOT, where appropriate, will be provided by the developer.(11)   No uses requiring a site plan as listed in section 28-245 of this article shall be located within a minimum distance of any sewerage treatment facility less than that specified by Commonwealth of Virginia Department of Health requirements.(12)   For any new construction or addition requiring a major site plan, the developer shall provide lighting in accordance with section 28-87 of this chapter to adequate light the parking areas, as well as illuminate the entrance onto public streets and any walkways bordering the parking areas. Installation and operating costs of such lighting shall be the responsibility of the developer/owner. Such lighting shall be located, screened or shielded so that adjacent residential uses are not directly illuminated. The location of the required lights and related information shall be shown on the site plan.(d)   It shall be the responsibility of the developer to provide adequate supervision and inspections on the site during the installation of all required improvements and to have a responsible superintendent or foreman, together with one set of approved plans, profiles and specifications, at the site at all times when work is being performed.(Ord. No. 094-29, § 28-1416, 8-9-94; Ord. No. 094-40, 9-13-94; Ord. No. 094-53, 12-6-94; Ord. No. 095-12, 3-7-95; Ord. No. 099-52, 9-21-99; Ord. No. 003-26, 6-17-03; Ord. No. O08-02, 3-18-08; Ord. No. O09-12, 3-3-09)

Sec. 28-257.  As-built plan for completed improvements.Upon the satisfactory completion of the installation of all required improvements shown

on the approved major site development plan, the developer shall submit to the agent four (4) copies of the completed as-built site plan. Such plan shall be submitted one week prior to the anticipated occupancy of any building for the review and approval by the agent for conformity with the approved site plan and the ordinances and regulations of the county and state agencies.(Ord. No. 094-29, § 28-1417, 8-9-94)

Sec. 28-258.  Certificate of approval for improvements.Upon satisfactory completion of the required improvements, and the submission of an

as-built site plan, the agent shall furnish a certificate of approval to the developer covering all required improvements on the site. Such certificate of approval will authorize the release of bonds which shall have been furnished for the guarantee of satisfactory installation of such improvements or parts thereof.(Ord. No. 094-29, § 28-1418, 8-9-94)

Sec. 28-259.  Acceptance of improvements for maintenance and dedication.The approval of the site development plan or the installation of the improvements as

required in this article shall in no case serve to bind the county to accept such improvements for maintenance, repair and operation thereof. Such acceptance shall be subject to the county

and/or state regulations, where applicable, concerning the acceptance of each type of improvement.(Ord. No. 094-29, § 28-1419, 8-9-94)

Secs. 28-260--28-270.  Reserved.

ARTICLE XV.  NONCONFORMITIES*

__________*Editor's note:  Ord. No. 002-34, adopted Sept. 3, 2002, amended art. XV in its entirety and

enacted similar provisions as set out herein. The former art. XV derived from Ord. No. 094-29, §§ 28-1501--28-1508, adopted Aug. 9, 1994. 

__________

Sec. 28-271.  Purpose.Nonconforming uses and structures are incompatible with permitted uses in the districts

involved. It is the intent of this article to permit lawful nonconforming uses and structures to continue until they are removed, but not to encourage their survival or expansion.(Ord. No. 002-34, 9-3-02)

Sec. 28-272.  Definition.Where a lawful structure exists at the effective date of the adoption or amendment of this

article that could not be built under the current regulations for the district in which it is located, such structure is a nonconformity.(Ord. No. 002-34, 9-3-02)

Sec. 28-273.  Nonconforming structures.(a)   A nonconforming structure shall not be enlarged or altered in any way which increases its nonconformity. The owner of a single family residential structure may apply to the board of zoning appeals (BZA) for a special exception when the requested improvements, including any proposed increase in square footage, will not increase the nonconformity, and the comprehensive plan, as in existence at the time of application, does not envision a change in the character or use of the district in question. Under all other situations, an applicant will be required to apply to the BZA for a variance; however, any single-family residential structure may be altered to decrease its nonconformity without the requirement for a special exception or variance.(b)   If a nonconforming structure is damaged or destroyed by any means by more than fifty (50) percent of its fair market value/replacement cost, as determined at the time of the damage or destruction, it shall not be reconstructed except if done so in conformity with the current zoning regulations for the district in which it is located.(c)   A single-family residential structure that is damaged or destroyed may be reconstructed provided that the dwelling is reconstructed without any increase in its height, bulk or floor area and the structure does not further violate the yard setbacks required by the zoning district in which it is located.(d)   If a nonconforming structure is moved for any reason, and for any distance, it shall thereafter, upon relocation, conform to the current regulations for the zoning district in which it is relocated.(e)   Such buildings or structures, except for general advertising signs which are subject to Code of Virginia, § 33.1-370.2, as amended, shall conform to such regulations whenever they are enlarged, extended, reconstructed or structurally altered.(Ord. No. 002-34, 9-3-02; Ord. No. O06-58, 8-1-06; Ord. No. O06-80, 12-5-06; Ord. No. O08-20, 3-18-08)

Sec. 28-274.  Nonconforming uses.

(a)   If no structural alterations are made, a lawful nonconforming use of a structure may be changed to another nonconforming use of the same or more restrictive classification. Whenever a lawful nonconforming use of a structure has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.(b)   A nonconforming use shall not be expanded or extended into any other portion of the structure which was not occupied by the nonconforming use at the time of the adoption of this article or any amendment hereto. The nonconforming use of land which does not involve a structure or which is an accessory to the nonconforming use of a structure shall not be expanded or extended beyond the area it occupies at the time of the adoption of this article or any amendment hereto.(c)   No existing structure, or portion thereof, which includes a nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, unless such use is changed to one permitted in the district in which such building or premises is located.(Ord. No. 002-34, 9-3-02)

Sec. 28-275.  Nonconforming lots.(a)   A lawful nonconforming lot or parcel which does not meet the requirements for minimum lot width or area, or both, may be utilized for a permitted use subject to the provisions of this article, provided the yard and setback dimensions and other requirements shall conform to the regulations for the district on which the lot is located. Variance of yard and setback requirements shall be obtained only through the board of zoning appeals.(b)   The amount, quantity or degree of any existing nonconformity may not be increased and no new nonconformity on the lot can be created.(Ord. No. 002-34, 9-3-02)

Sec. 28-276.  Discontinuance.The use of any legally nonconforming land, building, or structures and the use thereof

may be continued only so long as the then-existing, or a more restricted, use continues and is not discontinued for more than two (2) years.(Ord. No. O08-20, 3-18-08)

Sec. 28-277.  Abandoned nonconforming signs.(a)   A nonconforming sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of more than two (2) years.(b)   Upon notification by the county, an abandoned, nonconforming sign shall be removed by the owner of the property on which the sign is located within sixty (60) days of the date of the notification.(c)   If the county, despite reasonable attempts, is unable to locate and/or notify the owner; or if the owner fails to remove an abandoned nonconforming sign within sixty (60) days of being notified, the county, through its agents or employees, may enter the property upon which the sign is located and remove said sign.(d)   If the county removes an abandoned nonconforming sign pursuant to paragraph (c) above, the cost of such removal shall be chargeable to the owner of the property.(Ord. No. O08-20, 3-18-08)

Secs. 28-278--28-290.  Reserved.

ARTICLE XVI.  ADMINISTRATION

Sec. 28-291.  Purpose.It is the purpose of this article to set forth the entities charged with the administration of

the provisions of this chapter.(Ord. No. 094-29, § 28-1601, 8-9-94)

Sec. 28-292.  Board of supervisors.The board of supervisors shall have the following duties for the administration of this

chapter:(1)   To appoint such officers and bodies as required by this chapter and the Code of Virginia.(2)   To authorize, upon the proper findings, conditional use permits.(3)   To hear such appeals as are set forth in this chapter, when such appeals are properly brought before them.(4)   To approve or disapprove amendments to the zoning map and this chapter.(Ord. No. 094-29, § 28-1602, 8-9-94)

Sec. 28-293.  Planning commission.(a)   Membership and term.  There shall be a planning commission which shall have the powers and duties granted to it by the Code of Virginia.  [(b)   Reserved.]    (Ord. No. 094-29, § 28-1603, 8-9-94)

Sec. 28-294.  Planning director.There shall be a planning director who shall have the powers and duties granted to him

by the Code of Virginia or delegated to him by the board of supervisors.(Ord. No. 094-29, § 28-1604, 8-9-94)

Sec. 28-295.  Zoning administrator.(a)   There shall be a zoning administrator who shall have the powers and duties granted to him by the Code of Virginia and such other powers and duties as may be delegated to him by the board of supervisors.(b)   The department of planning and zoning shall develop an application form and procedure for all requests for zoning determination. These applications shall be entered into the department zoning application tracking system.(c)   A required fee established by the board of supervisors shall be charged for all requests for a zoning administrator determination.(d)   Upon receipt of an application for a zoning administrator determination, the department of planning and zoning shall provide written notice by certified mail to all adjoining property owners. The notice shall include a descriptive summary of the requested determination and a reference to the place or places within the locality where copies of the application for a zoning administrator determination may be examined. The last known address of any such owner, as shown on the current real estate tax assessment books of the county, shall be deemed adequate compliance with this requirement.(e)   At least thirty (30) days but no more than ninety (90) days shall elapse between the notification of adjacent property owners and the making of the zoning administrator determination.(f)   When the determination has been made, written notice of the determination shall be provided to the applicant and to all adjoining property owners by the department of planning and zoning by certified mail. The last known address of any such owner, as shown on the current real estate tax assessment books of the county, shall be deemed adequate compliance with this requirement.(Ord. No. O07-43, 9-4-07; Ord. No. O08-54, 9-2-08)

Sec. 28-296.  Oath of property interest.Petitions brought by property owners, contract purchasers or agents thereof, shall be

sworn to under oath before a notary public or other official before whom oaths may be taken, stating whether or not any member of the planning commission or board of supervisors has any interest in such property, either individually, by ownership of stock in a corporation owning such land, partnership, as the beneficiary of a trust, or the settler of a revocable trust or whether the member of the immediate household of any member of the planning commission or board of supervisors has any such interest.

(Ord. No. 000-51, 8-8-00)

Sec. 28-297.  Disclosure of real parties in interest.All applicants for a special exception, a special use permit, conditional use permit,

amendment to the zoning ordinance or variance shall make complete disclosure of the equitable ownership of the real estate involved in the application, including, in the case of corporate ownership, limited liability company ownership or similar business ownership, the name of stockholders, officers, managing partners, general partners, owners and members, and in any case the names and addresses of all of the real parties in interest. The requirement of listing names of stockholders, officers and directors shall not apply to a corporation whose stock is traded on a national or local stock exchange and having more than five hundred (500) shareholders. In the event the ownership of the involved real estate changes in any respect during the time the application is pending, the applicant shall make complete disclosure of the new equitable ownership of the real estate involved in the application as required herein. If the applicant is a contract purchaser, the ownership information required herein shall be provided for the contract purchaser in addition to the owner of the real estate involved in the application. This section applies to applications before the board of supervisors, planning commission and board of zoning appeals.(Ord. No. O05-54, 12-13-05)

Secs. 28-298--28-310.  Reserved.

ARTICLE XVII.  ENFORCEMENT

Sec. 28-311.  Violations.It shall be a violation of this chapter, and shall subject the violator to the enforcement

remedies provides in this article and by state law, for any of the following to occur:(1)   To engage in any development, use, construction, reconstruction, remodeling or other activity of any nature upon any land and improvements subject to the jurisdiction of Stafford County, without all the certificates, licenses, permits, or other forms of authorization required under this chapter; or(2)   To engage in any development, use, construction, reconstruction, remodeling or other activity of any nature in any manner which is inconsistent with the certificates, licenses, permits, or other forms of authorization granted for the conduct of such activity by Stafford County; or(3)   To violate, either by commission or omission, any term, condition, or qualification placed by Stafford County upon a certificate, license, permit, or other form of authorization granted by Stafford County to allow the use, development, or other activity upon any land or improvements subject to the jurisdiction of Stafford County; or(4)   To erect, construct, reconstruct, remodel, alter, locate, relocate, maintain or use any building, structure, or part thereof, or to use any land in violation or contravention of any regulation of this chapter or amendment thereto; or(5)   To continue any of the above-stated violations. Each day of a violation shall be a separate offense.(Ord. No. 094-29, § 28-1701, 8-9-94)

Sec. 28-312.  Remedies.Any violation or attempted violation of this chapter or of any condition or requirement

adopted pursuant to this chapter may be abated, corrected, enjoined, removed, or restrained by means of abatement, injunction, or other appropriate action pursuant to the Code of Virginia, 1950 (as amended) sections 15.1-491 and 15.1-499 et seq.

Stafford County may seek such criminal or civil penalties as are provided in this chapter, or, as are or may be authorized by Virginia law. The zoning administrator or his designee may make a written determination of the existence of a violation of the provisions of this chapter and issue or cause to be issued a notice of violation and a stop work order to stop work on any building or structure on any land subject to the jurisdiction of Stafford County on which there is, or has been, an uncorrected violation of a provision of this chapter, or a violation of any permit

or other form of authorization issued under this chapter by Stafford County. The cessation of work shall be in accordance with the powers and procedures authorized by the Virginia Uniform Statewide Building Code.(Ord. No. 094-29, § 28-1702, 8-9-94)

Sec. 28-313.  Enforcement.The owner of the land or the structure which is in violation of the provisions of this

chapter shall be notified in writing of each violation, stating the causes and basis thereof. Upon a determination by the zoning administrator or his designee that a violation of this chapter exists, he shall serve notice of such violation on the person committing the violation, or if the violator cannot be identified, upon the owner of the land on which the violation occurs. Such notice shall explain the violation and demand the correction or abatement of the violation. If the violation has not been corrected or abated within a reasonable time, as determined by the zoning administrator or his designee, the zoning administrator shall initiate such legal action as may be necessary to terminate and/or correct the violation.(Ord. No. 094-29, § 28-1703, 8-9-94)

Sec. 28-314.  Civil penalties.(a)   Summons.  The zoning administrator or his designee shall have the authority and power to issue one or more civil summonses to violators to enforce the provisions of this chapter. Such summons shall be on forms and through procedures approved by the Stafford County Attorney. 

Any person summoned for a scheduling violation may make an appearance in person or in writing by mail, the county treasurer prior to the date set for the trial. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty imposed. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgement of the court.(b)   Trial.  If a person charged with a scheduled violation does not enter a waiver of trial, the violator shall be tried in the general district court with the same rights of appeal as provided by law. 

In any action for a scheduled violation, Stafford County shall have the burden of proof to show the liability of the violator, by a preponderance of the evidence. An admission of liability or a finding of liability shall not be considered a criminal conviction for any purpose.(c)   Fines.  Each violation of this chapter may result in a civil fine of not more than one hundred dollars ($100.00) per day during which the violation is found to have existed. Each day may constitute a separate violation. However, in no event shall specified violations arising from the same set of operative facts be charged more frequently than once in any ten-day period, and in no event shall a series of specified violations arising from the same set of operative facts result in civil penalties which exceed a total of three thousand dollars ($3,000.00). Designation of a particular zoning ordinance violation for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, and except for any violation resulting in injury to any person or persons, such designation shall preclude the prosecution of the violation as a criminal misdemeanor. 

No provision of this section shall be construed to allow imposition of a civil penalty for:(1)   Enforcement of the Uniform Statewide Building Code;(2)   Activities related to land development or activities related to the construction or repair of buildings and other structures;(3)   Violation of an erosion or sedimentation control ordinance; or(4)   Violation of any provision of this chapter relating to the posting of signs on public property or public rights-of-way.(d)   Uniform schedule of civil violations.  Violation of any section of this chapter, except as specified in section 28-315 of this chapter, shall be subject to a civil penalty pursuant to the authority of the above and to section 15.1-499.1 of the Code of Virginia (1950) as amended, violations of this chapter shall be subject to the imposition of the corresponding scheduled penalties:  1st offense . . . $100.002nd and subsequent offenses . . . 150.00(e)   Civil violations of Chesapeake Bay Preservation Area Overlay District.   

(1)   Any person who violates the provisions of section 28-62 of this chapter, violates or fails, neglects or refuses to obey any final notice, order, rule, regulation, or variance or permit condition shall upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed five thousand dollars ($5,000.00) for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid to the county into a fund dedicated to the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas, in such a manner as the court may direct by order, except that where the violator is the county itself, or its agent, the court shall direct the penalty be paid into the state treasury.(2)   With the consent of any person who violates any provision of section 28-62 of this chapter related to protection of water quality in a designated Chesapeake Bay Preservation Area, or violates or fails, neglects, or refuses to obey any local governmental body's or official's notice, order, rule, regulation, or variance or permit condition authorized under such ordinance, the local government may provide for an issuance of an order against such person for the one-time payment of civil charges for each violation in specific sums, not to exceed ten thousand dollars ($10,000.00) for each violation. Such civil charge shall be paid into the treasury of the county for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas except where the violator is the county, or its agent, the civil charges shall be paid to the state treasury. Civil charges shall be in lieu of any appropriate civil penalty that could be imposed under subsection (1) as specified above. Civil charges may be in addition to any cost of restoration required or ordered by county.(Ord. No. 094-29, § 28-1704, 8-9-94; Ord. 098-59, 10-6-98; Ord. No. 099-57, 10-19-99)

Sec. 28-315.  Criminal penalties.Any person, whether as owner, lessee, principal, agent, employee, or otherwise, who

violates any provision of this chapter which causes physical injury to any person, shall be guilty of a misdemeanor, and upon conviction, shall be punishable by a fine of not less than ten dollars ($10.00) and not more than one thousand dollars ($1,000.00).

Each day during which such violation continues, shall be a separate and punishable violation of this chapter.(Ord. No. 094-29, § 28-1705, 8-9-94)

Sec. 28-316.  Actions by others.Whenever a violation of this chapter occurs, or is alleged to have occurred, any person

may file a written compliant with the zoning administrator or his designee. Such complaint shall state fully the causes and bases thereof and shall be filed with the zoning administrator or his designee. The zoning administrator or his designee shall properly record such complaint, investigate and take action thereon as is appropriate.(Ord. No. 094-29, § 28-1706, 8-9-94)

Secs. 28-317--28-330.  Reserved.

ARTICLE XVIII.  AMENDMENTS TO TEXT

Sec. 28-331.  Purpose.Whenever the public necessity, convenience, general welfare or good zoning practice

requires, the board of supervisors may amend, supplement, or change the regulations of this chapter provided such action is in conformity with the provisions of this article.(Ord. No. 094-29, § 28-1801, 8-9-94)

Sec. 28-332.  Initiation of amendments.Amendments to this chapter may be initiated by the following methods:

(1)   By adoption by the board of supervisors of a resolution of intention to amend, which shall be referred to the planning commission for consideration as provided in this article; or(2)   By approval by the planning commission of a motion of resolution of recommending such an amendment.

(Ord. No. 094-29, § 28-1802, 8-9-94)

Sec. 28-333.  Notice.No text amendment shall be adopted except after notice and a hearing as follows:

(1)   Amendments to this chapter do not need to be advertised in full, but may be advertised in reference, including reference to the place or places within the county where copies of the proposed amendment may be examined. Amendments that decrease the allowed dwelling unit density of more than twenty-five (25) parcels of land shall have written notice given to the owner(s) or their agent of each parcel of land involve, provided however, written notice of such changes shall not have to be mailed to the owner(s) or their agent of lots shown on a subdivision plat where such lots are less than eleven thousand five hundred (11,500) square feet.(2)   The planning commission shall not recommend and the board of supervisors shall not adopt an amendment to this Code until notice of intent to do so has been published at least once a week for two (2) consecutive weeks in a newspaper of general circulation in the county, in accordance with section 15.2-2204 of the Code of Virginia (1950), as amended.(Ord. No. 094-29, § 28-1803, 8-9-94; Ord. No. 002-40, 12-17-02)

Sec. 28-334.  Review.No portion of the text of this chapter shall be amended unless the board of supervisors

first refers the proposed amendment to the planning commission for its recommendations. The planning commission shall hold a public hearing on the proposed amendment, properly advertised in accordance with the provisions of this chapter. The planning commission shall take action on the proposed amendment and report its recommendations to the board of supervisors within ninety (90) days after the first meeting of the commission after the proposed amendment was first referred to the commission. Failure of the planning commission to report its recommendation within ninety (90) days after the first meeting of the commission after the proposed amendment was first referred to the commission shall be deemed approval of the proposed amendment.

Upon receipt of the recommendation of the planning commission of a text amendment, the board of supervisors shall hold a public hearing, in conformance with the requirements of this chapter and state law. All such recommendations of the planning commission, when delivered to the board of supervisors, shall be available for public inspection.

Following the hearing before the board of supervisors, the board shall either approve or deny the proposed text amendment, or make appropriate changes therein.(Ord. No. 094-29, § 28-1804, 8-9-94)

Secs. 28-335--28-340.  Reserved.

ARTICLE XIX.  BOARD OF ZONING APPEALS

Sec. 28-341.  Composition, appointment and terms of members.The board of zoning appeals heretofore established shall continue as the board of

zoning appeals under the provisions of this chapter. Said board shall consist of seven (7) members who shall be appointed by the circuit court of the county.

The term of office of members of the board of zoning appeals shall be five (5) years. Appointments for vacancies occurring other than by expiration of terms shall be for the unexpired term.(Ord. No. 094-29, § 28-1901, 8-9-94)

Sec. 28-342.  Compensation of members.Members of the board of zoning appeals shall serve without pay other than traveling

expenses.(Ord. No. 094-29, § 28-1902, 8-9-94)

Sec. 28-343.  Removal of members.Members of the board of zoning appeals shall be removable, for cause by the appointing

authority, upon written charges and after a public hearing.(Ord. No. 094-29, § 28-1903, 8-9-94)

Sec. 28-344.  Selection of officers and adoption of rules and regulations.The board of zoning appeals shall choose, annually, its own chairman, vice chairman

and secretary. The board of zoning appeals shall adopt such rules and regulations it may consider necessary.(Ord. No. 094-29, § 1904, 8-9-94)

Sec. 28-345.  Quorum; meetings generally.A quorum of the board of zoning appeals shall be at least four (4) members. Meetings

shall be held at the call of the chairman or at such times as a quorum of the board may determine. All such meetings shall be open to the public.(Ord. No. 094-29, § 28-1905, 8-9-94)

Sec. 28-346.  Authority of chairman to administer oaths and compel attendance of witnesses.

The chairman of the board of zoning appeals, or in his absence the vice chairman, may administer the oaths and compel the attendance of witnesses.(Ord. No. 094-29, § 28-1906, 8-9-94)

Sec. 28-347.  Minutes and other records.The board of zoning appeals shall keep minutes of its proceedings, showing the vote of

each member upon each question, and it shall keep records of its examinations and other official actions, all of which shall be filed in the office of zoning and inspections and shall be a public record.(Ord. No. 094-29, § 28-1907, 8-9-94)

Sec. 28-348.  Filing of applications to board; application fee.Application to the board of zoning appeals shall be filed in the department of code

administration on approved forms. Each such application shall include:(1)   A check for the fee established by the board of supervisors, payable to the county treasurer.(2)   Written verification from the county treasure that all delinquent real estate taxes on the subject property have been paid in full.(3)   Per § 15.2-2289, Code of Virginia (1950), as amended, and section 28-297 of this Code, completed affidavit forms as provided by the department of planning and community development disclosing the equitable ownership of the real estate to be affected by the application, in the case of corporate ownership, the name of stockholders, officers and directors and in any case the name and addresses of all the real parties of interest.(Ord. No. 094-29, § 28-1908, 8-9-94; Ord. No. 096-47, 10-15-96; Ord. No. O05-54, 12-13-05)

Sec. 28-349.  Appeals to board generally.(a)   The board of zoning appeals shall hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of this chapter.(b)   An appeal to the board of zoning appeals may be taken by any person aggrieved, or by an officer, department, board or bureau of the county affected, by any decision of the zoning administrator. Such appeal shall be taken within thirty (30) days after the decision appealed from, by filing, with the zoning administrator, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board of zoning appeals all the papers constituting the record upon which the action appealed was taken. An appeal shall stay all

proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the board of zoning appeals that, by reason of facts stated in the certificate, a stay, would in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board of zoning appeals or by a court of record, on application and on notice to the zoning administrator and for good cause shown.(c)   The board of zoning appeals shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof, as well as due notice to the parties of interest and decide the same within sixty (60) days.(d)   In exercising its powers, the board of zoning appeals may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from. A favorable vote of four (4) members of the board shall be necessary to reverse any order, requirement or determination of any administrative official or to decide in favor of the applicant.(Ord. No. 094-29, § 28-1909, 8-9-94; Ord. No. 094-53, 12-6-94)

Sec. 28-350.  Grant of variances.(a)   The board of zoning appeals may authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship; provided that the spirit of this chapter shall be observed and substantial justice done.(b)   The board of zoning appeals may authorize a variance under this section when a property owner can show that his property was acquired in good faith and where, by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at time of the effective date of the ordinance from which this chapter derives, or where, by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or the use of development of property immediately adjacent thereto, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the use of the property, or where the board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant; provided, that the variances shall be in harmony with the intended spirit and purpose of this chapter.(c)   No variance shall be authorized by the board of zoning appeals, unless it finds:(1)   That the strict application of the provisions of this chapter would produce undue hardship;(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 shall 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;(4)   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.(d)   Should an application for a variance be denied, the board shall not consider substantially the same application for at least one year. The one year shall be counted from the date of the board's denial.(Ord. No. 094-29, § 28-1910, 8-9-94; Ord. No. 094-53, 12-6-94; Ord. No. 001-17, 3-20-01)

Sec. 28-351.  Grant of special exemptions.(a)   The board of zoning appeals may grant special exceptions under this chapter upon finding that the use will not be detrimental to the character and development of adjacent land and will be in harmony with the purpose and intent of this chapter.(b)   An application for a special exception shall be submitted to the zoning administrator, who shall forward the same, along with such information that may be necessary, to the board of zoning appeals.(c)   No special exception shall be granted, except after notice and hearings provided in section 15.2-2204 of the Code of Virginia (1950), as amended.

(d)   If the board of zoning appeals shall find that the use for which a special exception is sought shall be in accord with the following standards, it may grant the exception, provided that all other provisions of law shall be complied with:(1)   The use shall not tend to change the character and established pattern of development of the proposed use;(2)   The use shall be in harmony with the uses permitted by right under a zoning permit in the zoning district and shall not affect adversely the use of neighboring properties;(3)   The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof;(4)   The use shall not affect the health or safety of persons residing or working in the neighborhood of the proposed use;(5)   The use shall not be detrimental to the public welfare or injurious to property or to improvements to the neighborhood;(6)   The use shall be in accord with the purposes of this chapter and the comprehensive plan of the county.(e)   Any use, building or activity legally in existence on the effective date of this chapter, shall not require a special exception, so long as such existing use, building or activity is not expanded or enlarged.(f)   Should an application for a special exception be denied, at least one year shall elapse before another application of the same use on the same land is considered. The one year shall be counted from the date of denial.(Ord. No. 094-29, § 28-1911, 8-9-94; Ord. No. 094-53, 12-6-94; Ord. No. O06-76, 12-5-06)

Sec. 28-352.  Imposition of conditions on variances and special exceptions.In granting a variance or special exception, the board of zoning appeals may impose

such conditions 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 ensure that the conditions imposed are being and will continue to be complied with.(Ord. No. 094-29, § 28-1912, 8-9-94)

Sec. 28-353.  Appeals from board.(a)   Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any taxpayer or any officer, department, board or bureau of the county, may present to the circuit court of the county a petition specifying the grounds on which aggrieved, within thirty (30) days after the filing of a decision in the office of such board.(b)   Upon the presentation of a petition pursuant to this section, the court shall allow a writ of certiorari to review the decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board 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 return certified or sworn copies thereof or of such portions thereof, as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.(d)   If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.(e)   Costs shall not be allowed against the board of zoning appeals, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from.

(Ord. No. 094-29, § 28-1913, 8-9-94)