Article I Purpose and Intent

Caroline County Zoning Ordinance

Table of Contents

Adopted 3/27/80

Amended through: 01/27/09

Article I -- Purpose and Intent
Section 1 / Title / 1-1
Section 2 / Statement of Purpose / 1-1
Section 3 / Application / 1-1
Article II -- Definitions
Section 1 / General Rules of Construction / 2-1
Section 2 / Definitions / 2-1
Article III -- Establishment of Districts
Section 1 / Districts Established / 3-1
Section 2 / Official Zoning Maps / 3-1
Section 3 / Determination of District Boundaries / 3-1
Section 4 / General Provisions / 3-2
Article IV -- Rural Preservation (RP)
(formerly Agricultural, A-1)
Section 1 / Statement of Intent / 4-1
Section 2 / Permitted Principal Uses and Structures / 4-1
Section 3 / Permitted Accessory Uses and Structures / 4-2
Section 4 / Temporary Uses Repealed June 27, 2000
Section 5 / Special Exception Uses with Board of Supervisor’s Approval / 4-3
Article V -- Agricultural Preservation (AP)
(formerly Agricultural/Forestal Preservation, A-2)
Section 1 / Statement of Intent / 5-1
Section 2 / Definitions / 5-1
Section 3 / Permitted Principal Uses and Structures / 5-2
Section 4 / Permitted Accessory Uses and Structures / 5-3
Section 5 / Permitted Temporary Uses / 5-3
Section 6 / Permitted Special Exception Uses / 5-4
Section 7 / Standards for Permitted Principal Uses and Structures / 5-5
1 / Regulations and Standards for Intensive Agriculture Operations / 5-5
Section 8 / Standards for Accessory Uses and Structures / 5-10
Section 9 / Standards for Permitted Temporary Uses / 5-11
9.1 / Standards for the placement of single-wide manufactured house during the construction of a single family dwelling (Repealed 9-26-95) / 5-11
9.2 / Standards for Manufactured Houses for Farm Tenant Structures / 5-11
9.3 / Standards for Construction Offices and Equipment Sheds / 5-12
9.4 / Standards for Horse Shows, Dog Shows, Steeplechase, Turkey Shoots, Other Similar Activities / 5-12
Section 10 / Additional Standards and Conditions for Uses Permitted by Special Exception / 5-13
10.1 / Additional Standards for Sawmills / 5-13
10.2 / Additional Standards for Commercial Storage and Processing of Bulk Agricultural Products / 5-13
10.3 / Additional Standards for Plant Nursery and Greenhouse with Retail Sales / 5-13
10.4 / Additional Standards for Private Clubs and Lodges / 5-14
10.5 / Additional Standards for Bed and Breakfast / 5-14
10.6 / Additional Standards for Convents, Monasteries or Religious Retreat / 5-14
10.7 / Additional Standards for Kennels / 5-14
10.8 / Additional Standards for Farm Equipment Sales, Rental and Service Establishments and Agricultural Supply Establishments / 5-15
10.9 / Additional Standards for Major Home Occupations / 5-15
10.10 / Additional Standards for Pre-School/Day Care Center/Nursery School / 5-16
10.11 / Additional Standards for Equestrian Facilities, Including Board and Instruction (Spectator Uses) / 5-16
Article 5-A -- Rural Residential-2 District (RR-2)
(formerly Agricultural/Residential, AR-1)
Section 1 / Statement of Intent / 5A-1
Section 2 / Permitted Principal Uses and Structures / 5A-1
Section 3 / Permitted Accessory Uses and Structures / 5A-2
Section 4 / Uses Permitted by Special Exception / 5A-2
Article 5-B -- Rural Residential-5 District (RR-5)
Section 1 / Statement of Intent / 5B-1
Section 2 / Permitted Principal Uses and Structures / 5B-1
Section 3 / Permitted Accessory Uses and Structures / 5B-1
Section 4 / Permitted Temporary Uses / 5B-2
Section 5 / Permitted Conditional Uses / 5B-3
Article VI -- Residential District (R-1), Low Density
Section 1 / Statement of Intent / 6-1
Section 2 / Uses Permitted by Right / 6-1
Section 3 / Uses Permitted by Special Exception / 6-1
Article VII -- Residential District (R-2) -- Medium Density
Section 1 / Statement of Intent / 7-1
Section 2 / Uses Permitted by Right / 7-1
Section 3 / Uses Permitted by Special Exception / 7-1
Article VII-A -- Residential District (R-3) -- Mobile Home Subdivision
Section 1 / Statement of Intent / 7A-1
Section 2 / Uses Permitted by Right / 7A-1
Section 3 / Uses Permitted by Special Exception / 7A-1
Article VIII -- Residential District (MHP-1) -- Mobile Home Park
Section 1 / Statement of Intent / 8-1
Section 2 / Uses Permitted by Right / 8-1
Section 3 / Uses Permitted by Special Exception / 8-1
Article IX -- Business District (B-1)
Section 1 / Statement of Intent / 9-1
Section 2 / Uses Permitted by Right / 9-1
Section 3 / Uses Permitted by Special Exception / 9-2
Article X - Industrial District (M-1) – Manufacturing
Section 1 / Statement of Intent / 10-1
Section 2 / Uses Permitted by Right / 10-1
Section 3 / Uses Permitted by Special Exception / 10-2
Article XI -- Planned Unit Developments
Division 1. Generally / 11-1
Section 1 / Applications / 11-1
Section 2 / Contents of Development Plan / 11-1
Section 3 / Rezoning to Planned Development District / 11-2
3.1 / Planning Commission Procedures / 11-2
3.2 / Preapplication Conferences / 11-2
3.3 / Planning Commission Recommendations to the Board of Supervisors / 11-3
3.4 / Action by Board of Supervisors / 11-3
Section 4 / Landscape Plan / 11-3
4.1 / Buffering / 11-4
4.2 / Minimum Plantings / 11-4
Section 5 / Site Plans / 11-5
Division 2. Planned Residential Development (PRD) / 11-5
Section 1 / Statement of Intent / 11-5
Section 2 / Uses Regulations / 11-6
Section 3 / Permitted Accessory Uses / 11-6
Section 4 / Area Regulations / 11-6
Section 5 / Density / 11-7
Section 6 / Minimum Area Requirements for Open Space / 11-7
Section 7 / Setback and Yard Requirements / 11-7
Section 8 / Maximum Height of Buildings / 11-7
Section 9 / Streets / 11-7
Division 3. Planned Mixed Use Development (PMU) / 11-7
Section 1 / Statement of Intent / 11-7
Section 2 / Permitted Uses - Residential / 11-7
2.1 / By Right / 11-8
2.2 / Conditional Uses / 11-8
Section 3 / Permitted Uses - Commercial/Service / 11-10
3.1 / By Right / 11-10
3.2 / Conditional Uses / 11-10
Section 4 / Permitted Uses - Shopping Center / 11-11
4.1 / By Right / 11-11
4.2 / Conditional Uses / 11-11
Section 5 / Permitted Uses - Industrial / 11-11
5.1 / By Right / 11-11
5.2 / Conditional Uses / 11-11
Section 6 / Minimum Area Required for Establishment of District / 11-11
Section 7 / Regulations Governing Residential / 11-12
7.1 / Residential Density / 11-12
7.2 / Minimum Area Requirements for Open Space / 11-12
7.3 / Recreational Requirements / 11-12
7.4 / Height Regulations / 11-12
7.5 / Building Separation / 11-12
7.6 / Setback and Yard Requirements / 11-12
7.7 / Townhouse and Garden Apartments / 11-12
Section 8 / Regulations Governing Commercial/Service Areas / 11-13
Section 9 / Regulations Governing Shopping Center Areas / 11-13
Section 10 / Regulations Governing Industrial Area / 11-14
Division 4 - Planned Shopping Center District (PSC) / 11-15
Section 1 / Statement of Intent / 11-15
Section 2 / Permitted Uses / 11-15
Section 3 / Area Required for Creation of PSC District / 11-16
Section 4 / Site Planning - External Relationships / 11-16
Section 5 / Orientation / 11-16
Section 6 / Site Planning - Internal Relationships / 11-16
Division 5 - Planned Industrial Park (PIP) / 11-16
Section 1 / Intent / 11-16
Section 2 / Permitted Uses / 11-17
2.1 / By Right - Category I / 11-17
2.2 / By Right - Category II / 11-18
2.3 / Conditional Uses - Category I / 11-19
2.4 / Conditional Uses - Category II / 11-19
Section 3 / Minimum Area Required for Creation of District / 11-19
Section 4 / Off-Street Parking and Loading Requirements / 11-19
Section 5 / Sign Regulations / 11-19
Section 6 / Additional Requirements / 11-20
Division 6 – Planned Recreation and Entertainment District (RE) / 11-20
Section 1 / Purpose and Intent / 11-20
Section 2 / Permitted Uses / 11-20
Section 3 / Special Permit Uses / 11-21
Section 4 / Lot Area and Other Dimensional Requirements / 11-21
Article XII -- Lot Area and Other Dimensional Requirements within Districts
Section 1 / Lot Area and Other Dimensional Requirements within Districts / 12-1
Section 2 / Exemptions and Reductions / 12-2
Article XIII -- Off-Street Parking and Loading Requirements
Section 1 / Off-Street Parking Requirements / 13-1
Section 2 / Off-Street Loading Requirements / 13-2
Article XIV -- Sign Regulations
Section 1 / General Provisions / 14-1
Section 2 / Signs Permitted in Rural Preservation (RP) District / 14-2
Section 3 / Signs Permitted in Agricultural Preservation (AP) District / 14-2
Section 4 / Signs Permitted in Residential (R-1, R-2 and R-3) Districts / 14-3
Section 5 / Signs Permitted in Mobile Home Parks (MHP-1) / 14-3
Section 6 / Signs Permitted in Planned Unit Development (PUD-1) / 14-3
Section 7 / Signs Permitted in Business (B-1) and Industrial (M-1) Districts / 14-3
Section 8 / Sign Permits; Applications; and Fees / 14-4
Article XV -- Supplemental Regulations
Section 1 / Special Provisions Applicable to Corner Lots / 15-1
Section 2 / Fences, Walls and Hedges / 15-1
Section 3 / Exceptions to Height Regulations / 15-1
Section 4 / Accessory Buildings and Uses / 15-1
Section 4A / Permitted Front Yard, Rear and Side Yard Extensions / 15-2
Section 5 / Parking and Storage of Certain Vehicles / 15-2
Section 6 / Flood Hazard Zones / 15-3
6.1 / Purpose / 15-3
6.2 / Applicability / 15-3
6.3 / Compliance and Liability / 15-3
6.4 / Abrogation and Greater Restrictions / 15-4
6.5 / Severability / 15-4
6.6 / Description of Districts / 15-4
6.7 / Official Zoning Map / 15-5
6.8 / Boundary Changes / 15-5
6.9 / Interpretation of District Boundaries / 15-5
6.10 / Permit and Application Process / 15-5
6.11 / Permitted Uses in the 100-Year Floodplain District / 15-6
6.12 / General Standards / 15-7
6.13 / Specific Standards / 15-8
6.14 / Standards for Approximated Floodplain / 15-9
6.15 / Standards for the Special Floodplain District / 15-10
6.16 / Standards for the Floodway / 15-10
6.17 / Standards for Subdivision Proposals Within Floodplain District / 15-10
6.18 / Design Criteria for Utilities and/or Public Facilities / 15-11
6.19 / Variances / 15-11
6.20 / Existing Structures in Floodplains / 15-12
Section 7 / Special Provisions Applicable to Mobile Home Parks / 15-13
Section 8 / Development Standards / 15-16
A. / Standards for Contractors Office, Equipment & Sales Facilities / 15-16
B / Standards for Communication Facilities / 15-17
C. / Standards for Retail Sales and Services associated with Offices / 15-20
D. / Standards for Antique Shops / 15-20
E. / Standards for In-Law Suites / 15-20
F. / Standards for Accessory Apartment / 15-21
G. / Standards for Commercial Nursery/Greenhouses / 15-22
H. / Standards for a Towing Storage Lot / 15-22
I. / Blank / 15-23
J / Standards for Artist Studio / 15-23
K. / Major Golf Course / 15-24
Section 9 / Special Provisions Applicable to Multi-family Dwellings / 15-25
Section 10 / Special Provisions Applicable to Industrial (M-1) Districts / 15-25
Section 11 / Special Provisions Applicable to Lots of 10 acres or Less in the Rural Preservation (Repealed 11/27/01) / 15-26
Section 12 / Special Provisions Applicable to Residential (R-3) District / 15-26
Section 13 / Repealed (September 26, 1995) / 15-26
Section 14 / Site Plan Requirements / 15-26
Section 15 / Highway Corridor Overlay District / 15-29
15.1 / Purpose and Intent / 15-29
15.2 / District Boundaries / 15-29
15.3 / Establishment of Districts / 15-30
15.4 / Administration / 15-30
15.5 / Permitted Use / 15-30
15.6 / Lot Area and Other Dimensional Requirements / 15-30
15.7 / Design Requirements / 15-33
Section 16 / Special Provisions Applicable to Major Home Occupations / 15-34
Section 17 / Chesapeake Bay Preservation Area Overlay District / 15-35
17.1 / Purpose and Intent / 15-35
17.2 / Definitions / 15-36
17.3 / Applicability / 15-39
17.4 / Designation of Resource Protection Areas (RPA) / 15-39
17.5 / The Resource Management Area (RMA) / 15-40
17.6 / Uses / 15-41
17.7 / Lot Sizes / 15-41
17.8 / Performance Standards for Chesapeake Bay Preservation Areas / 15-41
17.9 / Additional Development Criteria for Resource Protection Areas / 15-44
17.10 / Water Quality Impact Assessment (WQIA) / 15-47
17.11 / Plan of Development Process / 15-51
17.12 / Nonconforming Uses and Non-complying Structures / 15-56
17.13 / Exemptions / 15-57
17.14 / Exceptions / 15-58
17.15 / Conflict of Article with other Regulations and Severability / 15-59
17.16 / Penalties / 15-59
Section 18 / Special Provisions Applicable to Manufacturing of Horticultural Products / 15-60
Section 19 / Resource Sensitive Area Overlay District / 15-60
19.1 / Purpose and Intent / 15-60
19.2 / District Boundaries / 15-61
19.3 / Establishment of Districts / 15-61
19.4 / Administration / 15-61
19.5 / Permitted Uses / 15-61
19.6 / Lot Area and Other Dimensional Requirements / 15-61
19.7 / Design Standards / 15-61
Section 20 / Special Provisions Applicable to Campgrounds/Camping Area / 15-63
Section 21 / Residential Occupancy / 15-64
Article XVI -- Nonconforming Lots, Uses and Structures
Section 1 / Intent / 16-1
Section 2 / Continuation of Nonconforming Uses / 16-1
Section 3 / Discontinuance or Abandonment of a Nonconforming Use / 16-1
Section 4 / Permitted Changes of Nonconforming uses / 16-1
Section 5 / Nonconforming Signs / 16-4
Section 6 / Use of Nonconforming Lots / 16-4
Section 7 / Special Provisions Regarding Nonconforming Uses and Structures in Flood Overlay District / 16-5
Section 8 / Verification of Nonconforming Uses / 16-5
Article XVII -- Administration and Enforcement
Section 1 / Purpose / 17-1
Section 2 / Enforcement / 17-1
Section 3 / Zoning Permits Required / 17-1
Section 4 / Zoning Permit Applications / 17-1
Section 5 / Review of Applications / 17-2
Section 6 / Time Limitation for Zoning Permits / 17-3
Section 7 / Structures in Violation / 17-3
Section 8 / Issuance of Building Permits / 17-3
Section 9 / Certificate of Occupancy and Certificate of Zoning Compliance Required / 17-3
Section 10 / Application for Certificate of Occupancy and Zoning Compliance / 17-3
Section 11 / Zoning Amendments / 17-4
Section 12 / Rezonings / 17-5
Section 13 / Use Permits / 17-13
Section 14 / Zoning Text Amendments / 17-20
Section 15 / Comprehensive Plan Amendments / 17-21
Section 16 / Development Standards Waiver Requirements in the Residential / 17-24
District subject to Special Exception Approval
Section 17 / Time Limits / 17-25
Article XVIII -- Board of Zoning Appeals
Section 1 / Authority and Establishment / 18-1
Section 2 / Powers and Duties / 18-2
Section 3 / Appeals to the Board / 18-2
Section 4 / Variances / 18-3
Section 5 / Certiorari to Review Decision of the Board / 18-5
Article XIX -- Amendments
Section 1 / Intent / 19-1
Section 2 / Initiation of Amendments / 19-1
Section 2.1 / Uses Not Provided for / 19-1
Section 3 / Application Procedures and Fees / 19-1
Section 4 / Public Hearing and Notice / 19-2
Section 5 / Notice of Adjacent Jurisdictions / 19-2
Section 6 / Referral to Planning Commission / 19-2
Section 7 / Establishment of Conditions at the time of Zoning Map Amendments (Conditional Rezoning) / 19-3
7.1 / Administration, Filing and Acceptance of / 19-3
Section 8 / Withdrawal of Request / 19-4
Section 9 / Limitations on Filing After Denial / 19-4
Section 10 / Concept Zoning Plan/County Plan Amendment / 19-4
10.1 / Purpose / 19-4
10.2 / Objectives / 19-4
10.3 / General Procedures / 19-5
10.4 / Approval Procedure / 19-5
10.5 / Rezoning / 19-6
10.6 / Frequency of Applications / 19-6
10.7 / Petitions, Applications, and Supporting Documents / 19-6
10.8 / Definitions / 19-6
Article XX -- Violations and Penalties
Section 1 / Complaints Regarding Violations / 20-1
Section 2 / Violation and Penalties / 20-1
Article XXI -- Validity
Section 1 / Separability / 21-1
Section 2 / Interpretation of Conflicts / 21-1
Section 3 / Repeal of Conflicting Ordinances / 21-1

Zoning Ordinance

CarolineCounty, Virginia

Adopted March 27, 1980

Article I

Purposes and Intent

Section 1 - Title

This ordinance shall be known as the Zoning Ordinance for CarolineCounty.

Section 2 - Statement of Purpose

For the purpose of promoting the health, safety and general welfare of the public and of further accomplishing the objectives of Section 15.1-427 of the Code of Virginia, this zoning ordinance is hereby adopted by the Board of Supervisors of Caroline County. This ordinance has been designed (1) to provide for adequate light, air, convenience of access, and safety from fire, flood and other dangers; (2) to reduce or prevent congestion in the public streets; (3) to facilitate the creation of a convenient, attractive and harmonious community; (4) to expedite the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports, and other public requirements; (5) to protect against destruction of or encroachment upon historic areas; (6) to protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation or loss of life, health or property from fire, flood, panic or other dangers; and (7) to encourage economic development activities that provide desirable employment and enlarge the tax base. (8) To provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment; and (9) to protect approach slopes and other safety areas of licensed airports; and (10) to promote affordable housing; and (11) to protect the quality of surface and groundwater resources. (Amended 10/24/90)

Section 3 - Application

This Ordinance shall apply to the unincorporated territory of CarolineCounty, Virginia. It is the intent of this ordinance that the extent of its applicability be automatically changed in accordance with the provisions hereof or provision of State law, which may affect the applicability of this Ordinance.

Article II

Definitions

Section 1: General Rules of Construction

For the purpose of this Ordinance certain terms of words used herein shall be interpreted as follows:

1. The word person includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

1. Words used in the present tense include the past and future tenses, and the future tense includes the present.

1. The singular number includes the plural, and the plural the singular, unless the context clearly indicates the contrary.

1. The word “shall” is always mandatory; the word “may” is permissive.

1. The word “building” or “structure” includes any part thereof, and the word “building” includes the word “structure”.

1. The word general development plan (GDP) includes the words “zoning development plan”, “zoning plat plan” and “plan of development”.

1. The word “lot” includes the words “plot”, “parcel”, and “tract”.

1. The word “used” or occupied include the words “intended, designed, or arranged to be used or occupied”.

1. The figures used in conjunction with the following definitions are used for illustrative purposes and for clarity.

Section 2: Definitions

For the purpose of this ordinance, the following words and phases shall have the meanings attributed to them. The Zoning Administrator shall strictly construe the terms and definitions in this section. In the event a term is not defined in this section, the administrator shall refer to the Code of Virginia, Code of Caroline County and the Virginia Uniform Statewide Building Code for guidance. In the case a term or use is not defined herein, the following texts shall be incorporated as part of this section of the ordinance, A Glossary of Zoning, Development, and Planning Terms 50th Anniversary Edition, The New Illustrated Book of Development Definitions 1993 Edition, United States Building Code (USBC),International Building Code (IBC), and The American Heritage Dictionary of the English Language, 4th Edition.. In determining appropriate activities of a defined use, the zoning administrator may consult the current edition of the Standard Industrial Classification Manual (SIC).

AASHTO

/ The American Association of State Highway and Transportation Officials.
ADT / Average daily traffic count.
Abandon / The discontinuance of a use pursuant to Section 124-805; the alteration of a use; or act of changing one use to another use, whether to a more restrictive or to a more expansive use.
Aboveground Storage Tank or “AST” / Any one or combination of tanks, including pipes, used to contain an accumulation of oil at atmospheric pressure, and the volume of which, including the volume of the pipes, is more than 90% above the surface of the ground. The term does not include line pipe and breakout tanks of an interstate pipeline regulated under the Hazardous Liquid Pipeline Safety Act of 1979.
Abut / Having property lines in common.
Abutting Parcels / See Contiguous Parcels.
Acceleration Lane / An added roadway lane that permits integration and merging of slower moving vehicles into the main vehicular stream. See Figure 1.
Act / The Chesapeake Bay Preservation Act, Code of Virginia, sec. 10.1-2100, et seq., 1950, as amended.
Accepted Engineering Practice / That which conforms to accepted principles, tests or standards of nationally recognized technical or scientific authorities.
Access / A way or means of providing vehicular or pedestrian entrance or exit to a property. See Figure 2.
Access Connection / Any driveway, street, turnout or other means of providing for the movement of vehicles to or from the public roadway system.
Access Management / The process of providing and managing access to land development while preserving the regional flow of traffic in terms of safety, capacity and speed.
Access Road / A paved or unpaved route or path from a public highway or public road to a building, structure, use, site or associated facility.
Accessible / Describes a site, building facility or portion thereof that complies with this section and CABO A117.1 listed in Chapter 35, and that can be approached, entered and used by a physically disabled person.
Accessory Apartment / A separate, complete housekeeping unit in which no more than two (2) persons reside and which is substantially contained within the structure of or within an accessory structure and clearly secondary to a single-family detached dwelling. The accessory apartment may not occupy more than 750 total (gross) square feet as measured from outside dimensions
Accessory Dwelling Unit / See Dwelling, Accessory.
Accessory Use or Structure/Building / A subordinate use or structure customarily incidental to and located upon the same lot occupied by the principal use or structure, in the same zoning district. Truck bodies, semi-trailers and mobile homes shall not be used as an accessory use/structure. See Figure 3.