ORANGE COUNTY, VIRGINIA

Code of Ordinances

Article V. - Supplementary District Regulations

DIVISION 1. - GENERALLY

 

Sec. 70-581. - Amateur radio antennas; height requirements.

Pursuant to Code of Virginia of 1950, as amended, § 15.2-2293.1 amateur radio antennae up to 200 feet in height are exempt from the height requirements specified in this section. In order to protect the safety of adjacent property owners and the public, the base of any such antennae shall be setback from every and all property lines a minimum of one-third the number of feet as the height of the antennae. All reasonable and customary engineering practices shall be followed in the erection of any amateur antennae. Location of any amateur radio antennae over 200 feet in height shall require issuance of a special exception by the board of zoning appeals.

(Ord. of 10-12-1999)

 

Sec. 70-582. - Large retail uses.

Any "large retail use" as defined in section 70-1 shall submit a special use permit application and site plans. The purpose for this application is to promote architectural excellence and character as well as to ensure compatibility with surrounding uses, enhance property values, improve the environment by mitigating negative impacts, related but not limited to noise, public infrastructure and light pollution, promote improved pedestrian and vehicular movements, encourage efficient use of land and maintain positive community appearance, and meet guidelines as adopted by the board.

(Ord. of 6-10-2008(3))


Secs. 70-583--70-600. - Reserved.



DIVISION 2. - AIRPORT


Sec. 70-601. - Applicability.

In addition to the other provisions of this chapter, all unincorporated areas of the county located beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the county airport and the Gordonsville Municipal Airport shall be subject to the provisions of the Orange County, Virginia, Airport Zoning Ordinance as adopted and amended by the board of supervisors. Such zones are set out in FAR part 77 and shown on the imaginary surfaces map attached to the Orange County, Virginia, Airport Zoning Ordinance, appendix A of this volume.

(Ord. of 5-2-1996, § 1110)

 

Secs. 70-602--70-620. - Reserved.



DIVISION 3. - BUILDING STANDARDS


Sec. 70-621. - Principal structures allowed.

Only one principal structure, and those structures accessory to it, shall be permitted on any lot. For the purpose of this section, farm tenant houses shall be considered accessory to a farm.

(Ord. of 5-2-1996, § 1102.01)

 

Sec. 70-622. - Uses requiring special use permit.

Truck trailers, boxcars or similar constructions shall be permitted for residential, commercial or industrial occupancy only by special use permit. Occupancy of a recreational vehicle for more than 30 days shall be permitted only in a campground authorized by a special use permit.

(Ord. of 5-2-1996, § 1102.02)

 

Sec. 70-623. - Temporary use of manufactured or mobile homes.

The temporary use of manufactured homes or mobile homes may be allowed as outlined below:

(1) Temporary emergency housing. A manufactured home or a mobile home used solely for temporary emergency housing may be placed and used in any zoning district at the site of the destroyed or damaged structure upon issuance of a temporary zoning permit by the zoning administrator, subject to such reasonable conditions as he may prescribe. In such cases, the applicant shall establish some demonstrable hardship, other than medical or financial, brought on by flood, fire, storm or other natural disaster. Such temporary permit shall be issued for a period not to exceed six months and may be renewed for additional six-month periods not to exceed a total permit period of 24 months. Prior to occupancy of the temporary dwelling, the applicant must also obtain a building permit for that dwelling. The manufactured home or mobile home shall be removed within 60 days of the expiration date of the temporary zoning permit or within 60 days of the issuance of a certificate of occupancy from the building department, whichever occurs first.

(2) Temporary use while constructing a conventional home. A manufactured home or a mobile home may be used solely for temporary housing during the construction of a conventional home in the agricultural (A) district on the same lot where a single-family detached dwelling is being constructed and for which a building and zoning permit has been issued. The zoning administrator shall issue a temporary zoning permit for the temporary manufactured home and may prescribe reasonable conditions as needed. Such temporary permit shall be issued for a period not to exceed that which is reasonably expected for the construction of the conventional dwelling, generally not to exceed 12 months. If additional time for construction is needed as shown by the applicant, the zoning administrator may extend such permit for an additional period of time not to exceed a total permit period of 24 months. Prior to occupancy of the temporary dwelling, the applicant must also obtain a building permit for that dwelling. The manufactured home or mobile home shall be removed within 60 days of the expiration date of the temporary zoning permit or within 60 days of the issuance of a certificate of occupancy from the building department, whichever occurs first.

(3) Medical emergency housing. In the event of a medical emergency, a manufactured home may be used as temporary housing for immediate family members, as well as any mentally or physically impaired persons related by blood, marriage, or adoption of the caregiver, or of whom the caregiver is the legally appointed guardian, in the agricultural (A) district provided the applicant can show a medical need for such housing and obtains a temporary zoning permit from the zoning administrator as provided in this section and in any single family residential zoning district on lots zoned for single family detached dwellings. The applicant for a medical emergency housing permit shall present a demonstrated need for such housing, including but not limited to medical certificates, doctor's statements, etc. The applicant shall show that he is the owner of record of the tract of land on which the manufactured home is to be located and that the persons to occupy the manufactured home are members of his immediate family. The application shall be filed with the zoning administrator for review and subsequent approval or disapproval. A permit approved pursuant to this section may not be subsequently transferred to the heirs or assigns of the applicant. Such temporary permit shall be issued for a period not to exceed six months and may be renewed for additional six-month periods not to exceed a total permit period of 24 months. Prior to occupancy of the temporary dwelling, the applicant must also obtain a building permit for that dwelling. The manufactured home or mobile home shall be removed within 60 days of the expiration date of the temporary zoning permit.

(4) In every instance as described in this section, the manufactured home shall be placed in accordance with the provisions of this chapter and installed according to all applicable local and state building codes. Prior to the occupancy of any manufactured home as described in this section, a valid well and septic permit shall be obtained from the state department of health; and a final inspection authorizing occupancy shall be made by the building department. An entrance permit from the state department of transportation shall be obtained prior to the location of any new driveway.

(Ord. of 5-2-1996, § 1102.03; Ord. of 5-13-2003; Ord. of 6-28-2011(10))

 

Secs. 70-624--70-645. - Reserved.



DIVISION 4. - SETBACKS


Sec. 70-646. - Primary highways.

The minimum distance by which any structure, except signs, gasoline pump islands, and their canopies, shall be separated from the right-of-way of a primary highway, irrespective of property lines, shall be as follows:

(1) Germanna Highway (VA Route 3): 100 feet.

(2) James Madison Highway (US Route 15) north of the Town of Orange: 150 feet.

(3) James Madison Highway (US Route 15) south of the Town of Orange: 100 feet.

(4) Constitution Highway (VA Route 20) north of the Town of Orange or south of Spotswood Trail (US Route 33) in Barboursville: 100 feet.

(5) Constitution Highway (VA Route 20) south of the Town of Orange and north of Spotswood Trail (US Route 33) in Barboursville: 300 feet.

(6) Spotswood Trail (US Route 33): 100 feet.

(7) Blue Ridge Turnpike (VA Route 231) north of the Town of Gordonsville: 300 feet.

(8) Blue Ridge Turnpike (VA Route 231) south of the Town of Gordonsville: 100 feet.

(9) Zachary Taylor Highway (US Route 522): 100 feet.

(Ord. of 5-2-1996, § 1105.01)

 

Sec. 70-647. - Special exception use.

The board of zoning appeals may grant a special exception to permit a structure more than 100 feet, but less than 300 feet, from the right-of-way of Constitution Highway (VA Route 20) south of the Town of Orange and north of Spotswood Trail (US Route 33) in Barboursville, or more than 100 feet, but less than 300 feet, from the right-of-way of Blue Ridge Turnpike (VA Route 231) north of the Town of Gordonsville.

(Ord. of 5-2-1996, § 1105.02)

 

Sec. 70-648. - Gasoline pump islands and canopies.

Gasoline pump islands and canopies shall be set back half of the setback required in section 70-646.

(Ord. of 5-2-1996, § 1105.03)

 

Sec. 70-649. - Permanent signs on primary highways.

Permanent signs shall be set back 300 feet from the right-of-way of Constitution Highway (VA Route 20) south of the Town of Orange and north of US Route 33 in Barboursville, and 300 feet from the right-of-way of Blue Ridge Turnpike (VA Route 231) north of the Town of Gordonsville. On other primary highways, each permanent sign shall be set back from the right-of-way a distance equal to its height.

(Ord. of 5-2-1996, § 1105.04)

 

Secs. 70-650--70-670. - Reserved.



DIVISION 5. - OFF-STREET PARKING AND LOADING


Sec. 70-671. - Minimum off-street parking.

(a) At the time of construction or expansion of any principal building, the owner shall provide parking space outside of the road right-of-way, with adequate provision for entrance and exit.

(b) The minimum number of parking spaces to be provided for each use (for any use not listed, the requirements of the most similar listed use shall apply) shall be as follows:

(1) Auto service stations and public garages: three, plus two for each service bay.

(2) Bowling alleys: three for each lane.

(3) Churches, theaters, auditoriums, funeral parlors and other places of public assembly: one for every four seats, or for every 50 square feet of gross floor area, in the main assembly area.

(4) Clubs, lodges and commercial recreational facilities: one for every 100 square feet of gross floor area.

(5) Dwellings, single-family and two-family: two for each dwelling unit.

(6) Dwellings, multifamily: two for each dwelling unit, plus one guest space for every eight dwelling units.

(7) Furniture and appliance stores: one for every 750 square feet of gross floor area.

(8) Golf courses: five for each hole.

(9) Hospitals, rest homes and nursing homes: one for every two beds.

(10) Kennels: one for every 1,000 square feet of gross floor area.

(11) Manufacturing and industrial plants, including warehousing and storage: one for each employee working at any time.

(12) Offices, including medical and dental offices and banks: six for the first 1,000 square feet plus one for every additional 300 square feet of gross floor area.

(13) Restaurants: one for every 100 square feet of gross floor area.

(14) Retail stores: one for every 200 square feet of gross floor area.

(15) Schools:

Colleges and universities: four for each classroom, plus one for each office, plus one for every four seats in the main auditorium.

Grades 9--12: five for each classroom.

Grades 1--8: two for each classroom.

Preschool, kindergarten and day care: one for every six children of design capacity.

(16) Shopping centers: one for every 225 square feet of gross floor area.

(c) For dwellings, required parking spaces shall be on the same lot with the dwelling unit. For nonresidential uses, required parking spaces shall be located within 600 feet of the main building.

(d) For uses other than single-family dwellings, all parking lots shall be surfaced with gravel, asphalt or concrete, and shall be lined. Parking spaces shall be at least nine feet wide and 18 feet deep. Two-way aisles for 90-degree parking shall be at least 24 feet wide. One-way aisles for 60-degree parking shall be at least 20 feet wide. One-way aisles for 45-degree parking shall be at least 16 feet wide. Fire lanes shall be provided as required by the BOCA Fire Prevention Code.

(e) Parking areas shall be set back a minimum of 15 feet from any front property line and ten feet from any side or rear property line.

(f) All exterior lights shall be so arranged as to direct light and glare downward and away from streets or residential property.

(Ord. of 5-2-1996, § 1106; Ord. of 8-11-1998, § 1106.03; Ord. of 10-12-1999)


Sec. 70-672. - Handicapped parking.

(a) In order to provide for adequate off-street parking spaces for the handicapped, the special requirements given in this section shall be included in nonresidential developments to ensure compliance with the Americans With Disabilities Act.

(b) The number of spaces required under the provisions of section 70-671(b) shall include the following off-street parking space requirements for handicapped persons:


Total Number of Required

Off-Street Parking Spaces

Minimum Number of Spaces

Required for Handicapped

1-25

1
26-50 2
51-75 3
76-100 4
101-150 5
151-200 6
201-300 7
301-400 8
401-500 9
501-1000 2 percent of total
1001 and over 20 plus 1 for each 100 over 1000


(c) Off-street parking spaces for the handicapped shall be designed as follows:

(1) All spaces for the handicapped shall have access to a curb ramp or curb cut when necessary to allow access to the building served, shall be located so that users will not be compelled to wheel behind parked vehicles, shall be located so that the space will not be blocked by another vehicle, and shall be located the shortest possible distance between the parking area and the entrance to the principal building it serves.

(2) Diagonal or perpendicular parking spaces shall be at least 14 feet wide and 20 feet long, or at least ten feet wide and 20 feet long with open strips at least four feet wide on each side.

(3) Parallel parking spaces for the handicapped shall be located wither 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.

(4) Each parking space for the handicapped shall be paved and prominently outlined with paint, with a permanent sign of a color and design approved by the state department of transportation, bearing the internationally accepted wheelchair symbol, posted at the head of the parking space.

(Ord. of 8-11-1998, § 1106.04)

 

Sec. 70-673. - Parking lot landscaping.

(a) Generally. Every parking lot for 20 or more vehicles shall be subject to the provisions of this section.

(b) Interior. The interior of the parking lot shall include at least 200 square feet of landscaped area, and one shade tree, per ten parking spaces (or portion thereof). Each landscaped area shall have a minimum width of ten feet. Landscaped strips required by this section shall not be calculated as required interior landscaping area.

(c) Road frontage. In addition to interior landscaping as required in subsection (b) of this section, there shall be a landscaped strip at least 15 feet wide separating the parking area from any adjoining road, except where driveways or other openings are required. At least one shade tree shall be planted for every 50 feet of frontage (or portion thereof). Such trees may be planted anywhere within the landscaped strip.

(d) Adjoining property. Except where two adjoining parcels share common access to the highway, there shall be a landscaped strip at least ten feet wide separating the parking area from any side or rear lot line. At least one shade tree shall be planted for each 50 lineal feet of landscaped strip (or portion thereof). Such trees may be planted anywhere within the landscaped strip. Where two adjoining parcels share common access to the highway, no landscaping shall be required between them.

(e) Shade trees. "Shade tree," as used in this section, shall mean a deciduous tree, native to the area, at least 1¼-inch caliper (approximately eight feet in height) at the time of planting, which normally reaches a height of 30 feet or more and a crown spread of 20 feet or more at maturity. If 20 or more trees are required by this section, no more than one-fourth of the trees shall be of any one species.

(f) Landscaping plan. A landscaping plan shall be submitted in conjunction with site plan review. Such landscaping plans shall be drawn to scale and shall clearly show all existing and proposed parking spaces or other vehicular areas and the location, size and description of all landscaping materials.

(g) Maintenance. The owner of a parking area is responsible for maintenance of such parking lot and shall replace dead trees, shrubs and landscaping, and maintain fences, in a manner consistent with the initial requirements of the landscaping plan.

(Ord. of 5-2-1996, § 1107; Ord. of 8-11-1998, § 1107.02)

 

Sec. 70-674. - Loading areas.

(a) In addition to the required off-street parking requirements, and on the same premises with any commercial or industrial use, but outside of the road right-of-way, there shall be provided and maintained adequate space for standing, loading and unloading.

(b) At least one off-street space shall be provided for each 20,000 square feet of floor area or fraction thereof.

(c) Such off-street loading space shall be a minimum of 12 feet in width, 14½ feet in clearance height, and a depth of 25 feet, or sufficient depth to accommodate the largest delivery trucks serving the establishment, whichever is greater.

(d) All loading and unloading areas shall be surfaced with a bituminous or other durable, dustfree surface.

(Ord. of 5-2-1996, § 1108)

 

Secs. 70-675--70-695. - Reserved.



DIVISION 6. - SIGNS


Sec. 70-696. - Hazardous signs prohibited.

For the purpose of this chapter, the following types of signs shall be deemed hazardous to motorists or pedestrians, and shall be prohibited:

(1) Signs that simulate official traffic signs;

(2) Signs with moving parts;

(3) Signs with flashing lights;

(4) Signs that cause dangerous reflections or glare;

(5) Signs that obstruct motorists' vision;

(6) Signs displayed on utility poles;

(7) Signs that overhang a public road right-of-way; and

(8) Signs located within the public right-of-way of streets, highways or other public property.

(Ord. of 5-2-1996, § 1111.01; Ord. of 7-26-2011)

 

Sec. 70-697. - Portable, mobile signs or temporary signs.

(a) Portable or mobile signs shall only be permitted for seasonal or brief activities as provided in this section. They shall be no more than 32 square feet in area or eight feet in height. All other signs shall be permanently attached to the ground or a permanent structure and shall comply with the Virginia Uniform Statewide Building Code.

(b) Temporary signs advertising specific civic or commercial events such as public festivals, civic events, horse shows, produce stands, grand openings, fire sales, carnivals or other temporary activities may be displayed for no more than 60 days at a time, and no more than 120 days per year per site or per event.

(c) Temporary signs advertising political campaigns, may be displayed for no more than 60 days prior to the event, nor more than 15 days after the event. Political campaign signs shall be no more than 32 square feet in area and there shall be no height restrictions.

(d) Signs advertising that the lot on which they stand is for sale or lease shall be displayed no more than ten days after such real estate is sold or leased.

(Ord. of 5-2-1996, § 1111.02; Ord. of 7-26-2011)

 

Sec. 70-698. - Pylon and canopy signs.

(a) Pylon signs shall be treated as other signs for the purpose of the square footage calculation for area requirements for each lot.

(b) For canopy signs, only the area or display surface of the written wording shall be used for calculation of area requirements.

(Ord. of 5-2-1996, § 1111.03; Ord. of 7-26-2011)

 

Sec. 70-699. - Off-site advertising signs.

No more than one off-site advertising sign shall be permitted on each lot. Off-site advertising signs shall meet the size and height requirements of the zoning classification of the property on which the sign is being located. Digital signs shall not be permitted for off-site advertising.

(Ord. of 5-2-1996, § 1111.04; Ord. of 7-26-2011)

 

Sec. 70-700. - Setbacks on primary highways.

Permanent signs shall be set back 300 feet from the right-of-way of Constitution Highway (VA Route 20) south of the Town of Orange and north of US Route 33 in Barboursville, and 300 feet from the right-of-way of Blue Ridge Turnpike (VA Route 231) north of the Town of Gordonsville. On other primary highways, each permanent sign shall be set back from the right-of-way a distance equal to its height.

(Ord. of 8-11-1998, § 1111.05)

 

Sec. 70-701. - Digital signs.

(a) Digital signs shall not be located along any corridor designated as a Virginia Byway within the county.

(b) Pursuant to § 33.1-369, VA Code Ann., digital signs shall not be permitted to be located within 660 feet of any property owned by the US Department of the Interior or the National Park Service, the National Trust for Historic Preservation, any property listed on the National Register of Historic Places or the Virginia Landmarks Register.

(c) Only one monument or pylon digital sign shall be allowed per development. This limitation shall not apply to any sign utilized strictly for displaying gas station pump prices, where such signage otherwise complies with County sign regulations.

(d) Where a digital sign is to be a part of a pylon or monument sign, the maximum size of the display area shall not exceed 40 percent of the total area of the sign on which it is to be placed.

(e) For a stand-alone digital sign, the sign area shall not exceed 64 square feet.

(f) Images on a digital sign shall change as follows:

(1) No more frequently than once every four seconds.

(2) Image transition modes must be consistent for all frames and shall not simulate movement through means such as scrolling or rolling.

(3) Images shall not employ hold modes such as twinkle or bijou effects and shall not flash or scroll in any direction.

(g) Brightness levels shall be lowered for night-time display so that the image does not cause glare that may be distracting to passing motorists or pedestrians.

(Ord. of 7-26-2011; Ord. 03-11-2014)

 

Secs. 70-702--70-730. - Reserved.