ARTICLE 5 -- GENERAL REGULATIONS
Except as otherwise specifically provided, the following general regulations shall apply:
501USES GENERALLY
501.1Determinations Concerning Unspecified Uses
Uses other than those specified in district regulations as permitted principal or accessory uses may be added to a district on application by a landowner if the Planning Commission and Board of Supervisors find:
a.That there is no clear intent to exclude such uses;
and
b.That the proposed use is appropriate within the district and would have no more adverse effects on other uses within the district; or uses in adjoining districts, than would uses of the same general character permitted in the district.
In such cases the Board shall proceed to amend the ordinance in accord with the provisions of Article 12.
501.2Temporary Dwellings
The Zoning Administrator shall accept applications permitting the erection and occupancy of a temporary dwelling during the construction of a dwelling on same lot and shall refer the application for a permit for such temporary dwelling to the Board of Zoning Appeals for special exception action. In such cases, the Board of Zoning Appeals may specify appropriate conditions and requirements to be applied to the permit, in which event the permit shall be subject to such conditions and requirements.
501.3Houses Displayed for Advertising Purposes
Construction of a house displayed for advertising purposes, not intended to be sold or occupied as a dwelling, whether in connection with a residential development or otherwise shall not commence until a performance bond adequate to insure the removal of the structure has been posted.
501.4Portable Dwelling
Except as otherwise specifically provided in this ordinance, no portable dwelling, occupiedor vacant, shall be located on any lot.
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502ACCESSORY USES AND STRUCTURES
502.1Residential Occupancy of Accessory Buildings
Except as otherwise specifically provided in this ordinance, use of accessory buildings as dwellings or lodgings is expressly prohibited.
502.2Parking, Storage or Use of Major Recreational Equipment
in Residential Districts
The following regulations shall apply to parking or storage of major recreational equipment in residential districts.
502.2.1
Major recreational equipment defined. Major recreationa1 equipment as defined for purposes of these regulations, includes travel trailers, pickup campers, motorized dwellings, tent trailers, boats and boat trailers, houseboats, and the like, and cases or boxes used for transporting such recreational equipment, whether occupied by such equipment or not.
502.2.2No major recreational equipment shall be used for living, sleeping, or other occupancy when parked or stored on a residential lot, or in any other location not approved for such use.
502.2.3Major recreational equipment six feet or more in
average height; not parked or stored in a garage, car-
port, or other building:
a.Shall not be located in any required front or
side yard;
b.Shall be locatedat least three feet from all buildings.
502.3Limitation on Parking/Storage of Inoperable Vehicles, Etc.
No residential lot, or common area serving such lot, located, within the PDH, R-1, R-2, or R-4 zoning district shall be used for the repair, maintenance, or restoration of motor vehicles other than those vehicles owned by and registered in the name of an occupant of the dwelling constituting the principal use for such lot. Provided, however, that this section shall not be interpreted to prohibit the operation of a home occupation, as otherwise permitted by this ordinance. (Amended December 5, 1983.)
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No inoperable vehicle shall be parked or stored outdoors for more than 1 week on a lot of less than ten (10) acres in area in any residential district. Not more than one inoperable vehicle may be parked outdoors at a time on any lot greater than ten (10) acres in area in any residential district. Any vehicle not displaying current license plates and inspection validation certificate as required by Virginia law shall be construed as an inoperable vehicle. Not more than one item of major recreational equipment not in operating condition shall be parked outdoors on any lot of less than ten (10) acres in area in any residential district.
No inoperable vehicle shall be so located on any lot in any residential district as to be visible from a Class I or II road.
502.4 Limitations on Parking of Trucks in Residential Districts
No truck with rated capacity of 1-1/2 tons or more shall be parked in any residential district (except for purposes of making pickups or deliveries) in any location other than either:
a. Behind the nearest portion of buildings to streets;
b. In any approved off-street parking area.
(NOTE: For regulations concerning exclusion of accessory buildings from yards, see Section 513.6.)
503 GENERAL REQUIREMENTS CONCERNING ARRANGEMENT AND LOCATION OF STRUCTURES
All buildings and other structures shall be so located and arranged on lots as to provide safe and convenient access for fire protection, servicing, and off-street parking located on the premises.
504 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT
In A-10 and A-3 districts only, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard, area, and other requirements of this ordinance shall be met for each structure as though it were on an individual lot. In residential districts, only one structure housing a permitted or permissible principal use may be erected on a single lot.
505 DRAINAGE
No building shall be erected on any land and no change shall be made in the existing contours of any land, including any change in the course, width, or elevation of any natural or other drainage channel, in any manner that will obstruct, interfere with, or substantially change the drainage from such land to the detriment of neighboring lands. Factors to be considered in determining substantial change shall include existing zoning, recommendations of the adopted Comprehensive Development Plan, and adopted drainage standards of the Virginia Highway Commission. In his administration of this requirement, the Zoning Administrator shall refer any application submitted to him to the County Engineer for a determination in the matter.
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505WATER SUPPLY
The following requirements shall apply to all proposed uses and structures:
1.A source of water supply sufficient to serve the proposed uses or structures must be approved in accordance with the district regulations and other requirements of this ordinance. The water supply must meet all applicable federal, state and local laws and regulations, including all state and local health department regulations and all local ordinances.
2.For any proposed subdivision, the water supply serving the lots must be approved prior to approval of the preliminary planof subdivision. The water supply must meet all applicable federal, state and local laws and regulations, including all state and local health department regulations and all local ordinances. If the proposed lots are to be served by private groundwater wells, a sufficient water supply must be evidenced by hydrogeologic tests submitted with the preliminary plan of subdivision in conformance with Facilities Standards Manual, Section 6.210.
3.Whenever a proposed use or structure is to be served by a private groundwater well, no zoning permit shall be issued until the well has been tested in accordance with the regulations of the Codified Ordinances of Loudoun County, Chapter 1040 (Water Wells). (Amended 11/7/88)
12A
LOTS, YARDS AND RELATED TERMS, REQUIREMENTS,
LIMITATIONS AND METHODS FOR MEASUREMENT
510DEFINITIONS, GENERAL TERMS
510.1Lot
A parcel of land occupied or to be occupied by a building and its accessory buildings or, by group dwellings and their accessory buildings together with such open spaces as are required, under the provisions of this ordinance, having at least a minimum area and dimensions required by this ordinance for lots in the zone in which the lot is situated, and having its principal frontage on a Class I, II or III road. The term "record lot" means the land designated as a separate and distinct parcel of land on a legally recorded subdivision plat filed among the land records of Loudoun County, but does not include land identified in any such plats as an out-lot. A lot may consist of an individual lot of record, or combinations of adjacent recorded lots and/or portions of lots.
510.2Yard
For purposes of these regulations, a yard is defined as an open space unoccupied and unobstructed by any structure orportion of a structure from 30 inches above the general ground level of the graded lot upward (except as provided in Sections 502 and 513).
510.3Required Yard
A yard, as defined above, located along the perimeter of a lot, the dimensions of which are set by the district regulations of this ordinance.
511LOT ACCESS REQUIREMENTS
No structure requiring a building permit shall be erected upon any lot which does not have frontage on a Class I; Class II, or Class III road as specified in the schedule of district regulations, except as specifically provided in subdivision regulations, or in multi-family dwelling and industrial park developments regulated in Article 7.
512 VISIBILITY CLEARANCE AT INTERSECTIONS
For protection against traffic hazards, no material impediment to visibility (defined as any impediment which could conceal a child on a bicycle from an approaching driver) shall be placed, allowed to grow, erected or maintained within visibility triangles described as follows:
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a.At street intersections: The apex is at the intersecting right-of-way lines, the sides are 25 feet in length, and the base runs through the lot.
b.At driveway intersection with streets: The apex of the triangle is at the intersection of the street right-of-way line with the edge of the driving surface of the driveway nearest to the approaching traffic lane, theside of the triangle coterminous with the street right-of-way line is 25 feet in length, the side of the triangle coterminous with said edge of driveway is 20 feet in length, and the base runs through the lot.
c.Exceptions: Where terrain features present substantial obstacles to provision and maintenance of such visibility triangles, the Zoning Administrator may permit the provision and maintenance of lesser visibility clearance, but such clearance shall be the maximum which is reasonably practicable to pro- vide and maintain.
513USES AND STRUCTURES PERMITTED IN REQUIRED YARDS
The following uses and structures shall be permitted in required yards, subject to the limitations established:
513.1Fences, Walls and Hedges
Fences, walls and hedges, which in residential districts shall not exceed six feet in height for solid portions, or an additional two feet for portions which are at least 50% open, subject to visibility clearance requirements as set forth in Section 512.
513.2 Covered Entry Porches
Covered entry porches, enclosed or unenclosed, may project into any required yard, provided that no such porch shall project more than three (3) feet into such yard; or be closer than three (3) feet to any lot line.
513.3Balconies
Balconies may project not more than four (4) feet into any required yard other than a front yard, but shall not be closer than three (3) feet to any lot line.
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513.4 Architectural Features, Chimneys, Eaves, or the Like
Architectural features, chimneys, eaves, or the like may project into required side or rear yards not more than 24 inches, but not closer than three (3) feet to any lot line, and into required front yards not more than three (3)feet.
513.5 Air Conditioners
Air conditioners rated at 24,000 BTU or less shall not be so placed hereafter so as to discharge air within five (5) feet of lot lines, and those rated over 24,000 BTU to discharge air within 12 feet of lot lines except where said air conditioners are separated from lot lines either by projections of buildings or by streets, alleys, or permanent open space at least 20 feet in minimum dimensions.
513.6Accessory Buildings in Required Yards
No portion of any accessory building shall be permitted in any required yard, provided however, thatif no utility or drainage easements are adversely affected, accessory buildings or portions thereof may be erected either to within two (2) feet of adjacent lot lines (if such buildings are separated) or to a common wall, in portions of required yards which are located as follows:
513.6.1 On regular lots, at least 60 feet from street lines at a front or the lot, and at least 25 feet from any street lines at the side of the lot.
513.6.2 On irregular lots, at least 40 feet behind the front line of any building adjacent to the lot line, and at least 25 feet from any access easement.
514REGULAR LOTS
514.1Regular Lots Defined
A regular lot is a lot with direct access to a Class I, Class II, or Class III road, so located, shaped and oriented to adjacent lots as to be reasonably adapted to application of general measurements indicated below, and with location of yards by type (front, side, rear and special) logically determined by and related to adjacent street or streets and adjacent yard patterns. A regular through lot has frontage on two Class I, Class II or Class III roads.
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514.2Regular Lots, Width Measurements
The width of a regular lot shall be determined by measurement across the rear of the required front yard, the width between side lot lines extended at the points where they intersect with a street line shall not be less than 80% of the required width. However, in cases where lots front on curved or circular (culs de sac) streets, the radii of which do not exceed 90 feet, the distances between side lot lines extended where they intersect with the street line may be reduced to 60% (measured in a straight line between the points where side lot lines extended intersect the street line.)
514.3Regular Lots, Frontage
514.3.1 On regular interior lots, the front shall be construed to be a portion nearest the street.
514.3.2 On regular corner lots, the front shall be construed to be the shortest boundary fronting on a street. If the lot has equal frontage on two or more streets, frontage shall be construed in accordance with the prevailing building pattern, nor the prevailing lotting pattern if a building pattern has not been established.
514.3.3 On regular through corner lots, if the shortest boundary fronting on a street is 80 per cent or more of the length of the longest boundary fronting on a street, the applicant may select either frontage if lot width requirements of the district are met.
514.3.4On regular through lots, all portions adjacent to streets shall be considered in establishing frontage.for regulatory purposes. If the Zoning Administrator finds that the pattern of lots and/or the pattern of required yards on lots adjacent to portions of the through lot is such as to justify a requirement that more than one front yard be provided on such lot, he shall make such a requirement.
514.4Regular Lots, Yards Adjacent to Street
514.4.1 Front yards of the depth required in the district shall be provided across the frontage of a regular lot, and may be required on more than one frontage, as provided for in Section 514.3.4 above.
514.4.2 Other yards adjacent to streets shall be provided across or along the portion of the lot adjacent to the street, and shall be half the minimum dimension for required front yards in the district.
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514.4.3 Street line for measurement of required yards adjacent to streets. Where the lot line adjacent to a street is straight, required yards shall be measured from such line, extended in the case of rounded corners. On convex lots, a straight line shall be drawn between the two points at which lot lines for the portion of the lot involved intersects street lines, extended in the case of rounded corners. On concave lots, a straight line shall be drawn tangent to the arc of curve at the street line, extended in the case of rounded corners. Depth of required yards adjacent to streets shall be measured perpendicular to such straight lines, and the inner line of such required yards shall be parallel to the outer line.
514.5Rear Yards on Interior Regular Lots
Rear yards on interior regular lots shall be provided at the depth required for the district, and shall run across the full width of the lot at the rear. Depth of a required rear yard shall be measured in such a manner that the yard is a strip of minimum depth required by district regulations with its inner edge parallel to its outer edge.
514.6Yards on Corner Lots
Corner lots shall be deemed to have no rear yards, but only a full-depth front yard, a half-depth front yard and side yards. Through lot shall be deemed to have either two full-depth front yards, or one full depth and one half-depth front yards, and two side yards.
514.7Side Yards on Regular Lots
Side yards on regular lots are defined as running from the required front yard line to the required rear yard line. On regular through lots the required side yard shall run from the required front yard line to the second required front yard line (see Section 514.3.4.). On corner lots the required side yards shall run from the point where side yard lines intersect, to required front yard lines.
515IRREGULAR LOTS
515.1Irregular Lot, Defined
An irregular lot is defined as a lot, usually but not always with sole access from a Class III road, which is so located, shaped or oriented to adjacent lots that application of general measurement methods or dimensional yard requirements of the district in