(A) Conservation District (C). The intent of this District is:
(1) To protect the resources of the Atlantic (Seaside) coastal area, the Barrier Islands, tidal marshes, and intercoastal waters between the islands and the mainland from any actions that would degrade the environment of those areas and threaten them as nursery and habitat for marine life, waterfowl, and other forms of wildlife;
(2) To help insure the viability of the seafood industry, which is dependent upon these fragile and environmentally important coastal areas;
(3) To protect limited areas in the Chesapeake Bay coastal area that may be identified as important nursery and habitat for marine life and waterfowl;
(4) To protect limited upland coastal areas identified as unique or unusual enough to warrant preservation because of geology, habitat, or contribution to water quality.
(B) Agriculture/Rural Business District (A). The intent of this District is:
(1) To preserve the prime agricultural soils of the county;
(2) To maintain the rural character of the county and its agricultural activities.
(3) To provide an area in which the agricultural and forestry land use activities of the county may freely practice the "Right to Farm" (as set forth in VA Code § 3.2, as amended), including the right to till the soil, plant, grow, and harvest crops, livestock and timber, with the attendant noise, dust, odor, and chemical applications, including the authorized consideration of their impacts on "the health, safety or general welfare of the public", and provided that such activities are consistent with accepted agricultural and silvicultural practices;
(4) To provide for farm agritourism activities on agricultural operations, in an agriculturally classified district, as defined in VA Code § 3.2-6400, involving activities or events that are usual and customary at Virginia agricultural operations and, also including the authorized consideration of their impacts on "the health, safety or general welfare of the public".
(5) To recognize that there currently exist established low density, settled rural residential neighborhoods in the District, and to provide for low density, rural housing compatible in aspect, design and form with the rural, agricultural quality of the District and arranged to minimize impact upon agricultural activities and to maximize open space which may be used for agriculture and forestry.
(C) Hamlet/Residential District (H/R). The intent of this District is:
(1) To recognize the county's small rural settlements of historic or cultural significance, often located at crossroads, and which have, over the years, taken on the form of primarily residential neighborhoods.
(2) To provide for a mixture of residential and low-impact commercial uses which are compatible in aspect, design, and form with this rural setting.
(D) Waterfront Hamlet/Residential District (WH/R). The intent of this District is:
(1) To recognize the county's distinct, small, traditional residential and working-waterfront hamlets situated on the seaside and bayside;
(2) To provide for their continued existence as long-established hamlets that support water-dependent activities for working watermen and recreational use;
(3) To preserve environmentally-sensitive lands and protect water quality and viewsheds;
(4) To protect flood prone areas by discouraging residential land use.
(E) Village District (V). The intent of this primary district is:
(1) To recognize the traditional villages of Northampton County and other such clusters of development in rural areas that have begun to take on the qualities of a village;
(2) To provide for a mixture of residential and neighborhood business uses which are compatible with a rural village setting. Accordingly, three secondary districts are provided.
(a) Village-1 (V-1). The intent of this secondary district is:
1. To provide a transition and potential future growth area between adjacent principally agricultural areas and the more intensely developed residential village areas of the county. Farming activities continue to be permitted.
2. To provide for a mixture of farming activities and low density residential uses that will also allow areas for potential population expansion that is still in keeping with a rural lifestyle.
(b) Village/Residential (V/R). The intent of this primarily residential secondary district is to provide residential lots large enough to accommodate both individual water systems and sewage disposal systems on the same site.
(c) Village - Neighborhood Business (V-NB). The intent of this secondary district is:
1. To recognize small neighborhood commercial areas already established in rural villages.
2. To provide for additional small neighborhood-serving commercial areas compatible in nature, design and scope with a rural village setting. Mixed-use neighborhood business with limited compatible residential development may also be appropriate if impacts from such mixed-use development can be mitigated.
(F) Waterfront Village District (WV). The intent of this primary district is to recognize the distinct, established, traditional waterfront villages in Northampton County and to provide for a mixture of residential, commercial, and limited agricultural uses which are compatible in aspect, design, and form with a rural waterfront village setting, designed to preserve environmentally sensitive lands, protect water quality and viewsheds, discourage residential land use in special flood hazard areas and serve to support its residents and the local economy with traditional propagation and harvesting of seafood products, farming, and related activities that are clean, environmentally low impact, and ecologically sound. Four secondary districts are provided.
(1) Waterfront Village-1 (WV-1). The intent of this secondary district is to provide for low-density rural housing while recognizing existing aquaculture and farming activities and ensuring that other uses and activities protect wetlands and ground and surface waters.
(2) Waterfront Village/Residential (WV/R). The intent of this secondary district is to provide a mix of housing types, with single-family units predominating, that are compatible in scale with the traditional characteristics of the village, and still ensuring that uses and activities protect wetlands and ground and surface waters.
(3) Waterfront Village - Neighborhood Business (WV-NB). The intent of this secondary district is to recognize existing commercial areas and to allow for environmentally low-impact commercial activities which preserve the pristine quality of ground and surface waters and other natural resources in the village. In addition, mixed-use neighborhood businesses with limited residential development outside of special flood hazard areas may also be appropriate if impacts from such mixed-use development can be mitigated, while still ensuring that uses and activities protect wetlands and ground and surface waters.
(4) Waterfront Village - Waterfront Commercial (WV-WC). The intent of this secondary district is to provide for those low-impact commercial uses which must be located on the waterfront due to the intrinsic nature of the activity, while still ensuring that uses and activities protect wetlands and ground and surface waters.
(G) Existing Cottage Community/Residential District (ECC). The intent of this District is to recognize existing rural residential development located on or near the water, predating the county's adoption of a zoning ordinance or developed under old zoning standards, and which are not served by public utilities. It is the intent of Northampton County not to create any new Existing Cottage Community/ Residential Districts, and the presence of an Existing Cottage Community/Residential shall not serve as justification for expansion of the District into surrounding Agriculture/Rural Business or Conservation Districts.
(H) Town Edge District (TE). The intent of this primary district is to provide potential development areas adjacent to incorporated towns which may, in the future, be served by extensions of public water and sewer services from the towns. Growth and increased development are intended to occur simultaneously with the provision of public infrastructure, including, but not limited to, public sewer and water, to support such growth and development. Four secondary districts are provided:
(1) Town Edge - 1 District (TE-1). The intent of this secondary district is to provide for a mix of farming activities, low density residential, and other low-impact uses at a density/intensity higher than that of the surrounding agricultural areas, but lower than may be appropriate in the TE/R district.
(2) Town Edge/Residential District (TE/R). The intent of this secondary district is to provide for a mix of residential, home business, low-impact commercial and community service uses at a density/intensity similar to that of the adjacent town, taking into consideration the feasibility of, and impacts from, infill development within the town.
(3) Town Edge - Neighborhood Business (TE-NB). The intent of this secondary district is to provide for a compatible mix of neighborhood-scale commercial, community service, very light industrial, and residential uses at a density higher than that in the Town Edge-1 District and similar to that of the adjacent town.
(4) Town Edge - Commercial General (TE-CG). The intent of this secondary district is to provide for a mix of commercial, community-service, and light manufacturing/industrial uses adjacent to incorporated towns and at a density similar to that of the adjacent town.
(I) Existing Business District (EB).
(1) The intent of this District is to recognize commercial uses and zones outside of Village, Waterfront Village, Hamlet/Residential, Waterfront Hamlet/Residential, and Town Edge Districts which already exist, but in areas which are not recommended by the Comprehensive Plan for such use(s) or for further development or expansion of such use(s) on adjacent sites. The Existing Business designation shall apply to all parcels (or the portions thereof) that:
(a) Have legal, actively operating businesses existing on them as of October 21, 2009, or
(b) Parcels rezoned to the Rural Village - Commercial, Community Development - Commercial Neighborhood District and/or the Community Development - Commercial General District between January 1, 2002, and October 21, 2009 to this chapter but which are located outside the Village, Waterfront Village, Hamlet/Residential, Waterfront Hamlet/Residential, and Town Edge zoning districts.
(2) Commercial uses in the EB District shall be those allowed in Appendix A for TE-CG.
(3) Existing Business Districts are not intended to be enlarged after October 21, 2009; however, a use being performed within an Existing Business District may expand to the lawful limits of the existing site.
(4) Any lawful non-conforming commercial use which exists on a parcel rezoned to the EB District on October 21, 2009, but does not appear in Appendix A, shall still be considered a permitted use on the parcel.
(J) Existing Industrial (EI). The intent of this District is to recognize existing industrial uses in the County as of October 21, 2009 as well as those proposed for industrial use in the adopted Comprehensive Plan.
(1) Existing Industrial Districts are not intended to be enlarged after October 21, 2009; however, a use being performed within an Existing Industrial District may expand to the lawful limits of the existing site.
(2) Any lawful non-conforming industrial or commercial use which exists on a parcel rezoned to the EI District on October 21, 2009, but does not appear in Appendix A, shall still be considered a permitted use on the parcel.
(K) Existing Subdivision/Residential (ES/R). The intent of this District is to recognize principally single-use, rural residential subdivisions and condominiums which have been developed or have been approved for six or more lots, or in the case of condominium development, six or more separate dwelling units on one parcel, on a 50-foot right-of-way or a state road as of October 21, 2009, but which are located in areas which are not recommended by the Comprehensive Plan for such use(s) or for further development or expansion of such use(s) on adjacent sites.
(1) The developments zoned Existing Subdivision/Residential as the primary district will retain as a secondary district the zoning assigned on December 28, 2000, or that to which the property was rezoned between December 28, 2000, and October 21, 2009. See § 154.2.081. The uses and dimensional and area regulations associated with each secondary district as adopted on December 28, 2000, and as may have been subsequently amended, are hereby incorporated into this chapter and will constitute the regulations under which each existing subdivision may continue to be developed and/or used.
(2) Existing Subdivision/Residential Districts are not intended to be enlarged after October 21, 2009; however, a development may expand to the lawful limits of the approved subdivision plat and plan of development and in accordance with the applicable December 28, 2000, use and dimensional and area regulations.
(L) Commercial (C-1). The intent of this primary District is to provide places for the conduct of commerce and business as well as to provide places of employment and strengthen the local economic base. To that end, a mix of commercial, community service, and very light industrial uses will be allowed in this District. Commercial Districts are also intended to control and limit strip commercial development and regulate access to public streets and to ensure that commercial uses preserve and protect the groundwater aquifer recharge spine along U.S. Route 13.
(M) Working Waterfront (WW).
(1) The intent of the Working Waterfront district is to provide for commercial waterfront uses. This district also provides for other non-residential uses. The following uses are permitted subject to the regulations of this chapter and more specifically: general provisions, design and performance standards for specific uses, structures and buildings, supplemental and modification regulations, administration and procedures and design and performance standards for improvements which are the subject of site plans.
Accessory uses, structures and buildings
Artist and artisan studio
Aquaculture operation
Basic utilities
Farm stand
Fishing, commercial
Marina
Short term rental
Temporary construction office
Transit stop
Uses similar to permitted uses
Water resource based guide services and tourism activities
Wildlife and marine life preservation area
Working waterfront uses, structures and buildings
Working waterfront support uses, structures and buildings
(2) The following uses require the issuance of a special use permit and are subject to the regulations of this chapter and more specifically: general provisions, design and performance standards for specific uses, structures and buildings, supplemental and modification regulations, administration and procedures and design and performance standards for improvements which are the subject of site plans.
Dredge spoil disposal site
Government offices
Museum
Research facility
Uses similar to special use permit uses
Utility distribution plant or yard
Wind turbine, small scale and wind mill 35 ft. in total height
Wind turbine, small scale > 35 ft. and 120 ft. in total height
Wind turbine, small scale > 120 ft. and 199 ft. in total height
Wireless communication facility
(3) The dimension and density regulations are shown in the chart below. Dimensions shall be measured as defined and setbacks are measured from property lines unless otherwise specified in § 154.2.003 Definitions. Dimensions may be modified as provided in supplemental and modification regulations, the resource protection area buffer shall serve as and supersede all setbacks and shall be modified as provided in § 154.2.163 Chesapeake/ Atlantic Preservation Areas (CAP).
Working Waterfront (WW)
|
Working Waterfront (WW)
| |
Maximum Density - Dwelling unit(s) per Acre(s) (sfd = single family dwelling) (mfd = multi-family dwelling) | Not Applicable |
Minimum | |
Lot Size | 10,890 sq. ft. |
Lot Frontage | 50 feet1 |
Lot Width | None |
Shoreline Width | 60 feet |
Minimum Principal Structure and Building and Accessory Dwelling Unit Setbacks | |
Front | 30 feet (10 ft. for water dependent uses only) or Prevailing2 |
Rear | 10 feet3, 5 |
Side | 8 feet3, 5 |
Side - only for attached principal structures and buildings adjacent to shared property lines | 0 feet |
Minimum Accessory Structure and Building Setbacks | |
Front | 30 feet |
Rear | 5 feet3, 5 |
Side | 3 feet3, 5 |
Minimum Setback from U.S. Route 13. Does Not Include Route 13 Business Routes | N/A |
Minimum Setback From Railroad Rights-Of-Ways | N/A |
Maximum Height4 | |
Principal | 35 feet |
Accessory | 20 feet |
Accessory - only for structures and buildings located 15 feet or less from any property line | 15 feet |
1 Minimum lot frontage may be reduced to 25 feet when the lot fronts on a cul-de-sac or when the lot is designed in conformance with the standards for a pipe stem lot.
2 See setbacks and lot measurements for prevailing setback standards.
3 If a lot zoned WW, WV-NB, WV-WC, C-1 or EI abut a lot that is zoned WW, WV-NB, WV-WC, C-1 or EI, the side and rear minimum setbacks shall be reduced to 0 feet.
4 See height and bulk for modification and supplemental regulations.
5 If a lot is zoned NB, WV-NB, WV-WC, TE-NB, TE-CG, EI, EB, C-1 or WW abuts a lot that is zoned NB, WV-NB, WV-WC, TE-NB, TE-CG, EI, EB, C-1 or WW, the side and / or rear minimum setback shall be reduced to 0 feet pursuant to § 154.2.141 General Modification to Yard Regulations.
2 See setbacks and lot measurements for prevailing setback standards.
3 If a lot zoned WW, WV-NB, WV-WC, C-1 or EI abut a lot that is zoned WW, WV-NB, WV-WC, C-1 or EI, the side and rear minimum setbacks shall be reduced to 0 feet.
4 See height and bulk for modification and supplemental regulations.
5 If a lot is zoned NB, WV-NB, WV-WC, TE-NB, TE-CG, EI, EB, C-1 or WW abuts a lot that is zoned NB, WV-NB, WV-WC, TE-NB, TE-CG, EI, EB, C-1 or WW, the side and / or rear minimum setback shall be reduced to 0 feet pursuant to § 154.2.141 General Modification to Yard Regulations.
(4) Definitions. For purposes of this section the following definitions shall apply.
(a) ACCESSORY USES, STRUCTURES AND BUILDINGS. A use or structure which is:
1. Clearly incidental to and customarily found in connection with the principal use, structure or building;
2. Subordinate to and serves the principal use, structure or building;
3. Located on the same lot or parcel as the principal use, structure or building; and
4. Not, in case of accessory structures and building, attached by any common wall or by a common roof to a principal structure or building.
(b) ARTIST AND ARTISAN STUDIO. A workshop facility for creating art and artisan works that may include sales, galleries and private instruction facilities. Each district may further restrict this use by size and/or design. Size denotes the cumulative total building footprints of all structures and buildings associated with this use.
(c) AQUACULTURE OPERATION. The propagation, rearing, enhancement, and harvesting of aquatic organisms in controlled or selected environments, conducted in marine, estuarine, brackish, or fresh water, and any land, structures, equipment and buildings directly related and essential to the function of this operation such as, but not limited to any landing, administrative office, laboratory, sales, hatchery, pond, raceway, pen, cage, incubator, grader, washer, or other equipment used in aquaculture. This shall not include processing of food or agricultural support businesses. Although other agencies may consider washing and shucking of oysters and clams to be processing, for the purpose of the NZC only, the washing and shucking of oysters and clams shall not be considered processing. Each district may further restrict this use by size and/or design. Size denotes the cumulative total building footprints of all structures and buildings associated with this use.
(d) BASIC UTILITIES. The use of land by a public utility subject to the jurisdiction of the Virginia State Corporation Commission or publicly owned to support and provide service to developed areas within the locality related to water supply, stormwater, sanitary sewage, oil, gas, electricity, telephone, cable, internet and broadband.
(e) DREDGE SPOIL DISPOSAL SITE. An area specifically designated and approved for the collection of solid material generated by the dredging of marine bottom for the purpose of navigational improvement.
(f) FARM STAND. A seasonal business selling farm produce and products including value added products made from the agricultural produce or products. A farm stand shall not be a permanent structure, shall not be affixed to the ground, shall comply with all applicable building codes and includes structures such as canopy tents and stands. Farm stands shall also include vehicles and mobile carts properly registered and licensed by the Virginia Department of Motor Vehicles.
(g) FISHING, COMMERCIAL. A business use that catches finfish or shellfish for profit including any land, structures, buildings and equipment directly related and essential to the function of this use, such as, but not limited to, any landing, administrative office, equipment storage and grading and packing sheds. This shall not include processing of finfish or shellfish. Although other agencies may consider washing and cleaning of finfish and shellfish to be processing, for the purpose of the NZC only, the washing and cleaning of finfish and shellfish shall not be considered processing. Each district may further restrict this use by size and/or design. Size denotes the cumulative total building footprints of all structures and buildings associated with this use.
(h) GOVERNMENT OFFICES. A building or structure owned, operated or occupied by governmental agency to provide a governmental service to the public. Each district may further restrict this use by size and/or design. Size denotes the cumulative total building footprints of all structures and buildings associated with this use.
(i) MARINA. Any installation providing dockage or moorage for boats (exclusive of paddle or row boats) and provides, through sale, rental or fee basis, any equipment, supply or service (fuel, electricity or water) for the convenience of the public or its lessee, renters or users of its facilities.
(j) MUSEUM. A facility designed to display and provide an interpretive context to art, artifacts, lifestyles, industry, history, events, processes, and / or collections.
(k) RESEARCH FACILITY. Research, development, and testing laboratories that do not involve the mass manufacture, fabrication, processing, or sale of products.
(l) TEMPORARY CONSTRUCTION OFFICE. Temporary structures, buildings and vehicles, including manufactured industrial units, recreational vehicles and other highway vehicles erected or placed on a construction site for accessory
use incidental and reasonably necessary to the construction work on the premises and not used as a dwelling.
(m) TRANSIT STOP. Improvements and facilities at selected points along transit routes for passenger pickup, drop off, and waiting. Facilities and improvements may include shelters, benches, signs, structures, and other improvements to provide security, protection from the weather, and access to nearby services.
(n) USES SIMILAR TO. A use that has the same characteristics as the specifically cited uses in terms of the following: trip generation and type of traffic, parking and circulation, utility demands, environmental impacts, and physical space needs.
(o) UTILITY DISTRIBUTION PLANT OR YARD. The use of land by a public utility subject to the jurisdiction of the Virginia State Corporation Commission or publicly owned to support and provide service to developed areas within the region related to water supply, stormwater, sanitary sewage, oil, gas, electricity, telephone, cable, internet and broadband. Includes facilities for the distribution, storage and transmission of such utilities.
(p) WATER RESOURCE BASED GUIDE SERVICES AND TOURISM ACTIVITIES. Water resource based recreation and tourism activities shall mean operations that provide information, direction, licensing and safety requirements to clients for recreational activities that must occur on or near the water such as kayaking, diving and snorkeling, but shall also include guided water based excursions, such as fishing charters, water fowl hunting and shore bird watching, and includes rental of appropriate equipment and incidental sales of associated gear and supplies.
(q) WILDLIFE AND MARINE LIFE PRESERVATION AREA. An area of property dedicated to the preservation or protection of endangered species, a critical environmental feature, or other natural feature.
(r) WIND TURBINE, SMALL SCALE. A system with a rated capacity of not more than ten kW for residential use and not more than 100 kW for other uses and used solely for onsite use of electrical power. Each district may further restrict this use by size and/or design. Size denotes the total height of the wind turbine.
(s) WIRELESS COMMUNICATION FACILITY (WCF). Any unstaffed facility for the transmission and / or reception of wireless communications services, usually consisting of an antenna array, transmission cables, equipment facilities, and a support structure.
(t) WORKING WATERFRONT USES, STRUCTURES AND BUILDINGS. Commercial and public uses that depend upon water to function and are located on, over or adjacent to or have direct access to a body of water such as, but not limited to, fishing, aquaculture, docks, wharfs, boat ramps, marinas, marine transportation, shipping, ports, harbors, as opposed to a use that may be enhanced by water such as, but not limited to, restaurants and housing.
(u) WORKING WATERFRONT SUPPORT USES, STRUCTURES AND BUILDINGS. Uses, structures and buildings that supply necessary services to the working waterfront such as, but not limited to, boat building, repair, storage and hauling, seafood grading, packaging, processing and sales and marine equipment sales and storage.
(Ord. passed 4-12-2016; Am. Ord. 2016-08, passed 10- -2016; Amendment adopted 7-11-2017
; Am. Ord. 2018-05, passed 4-9-2019)