DEVELOPMENT MANAGEMENT ORDINANCE TOWN OF WARSAW VIRGINIA ADOPTED MAY 9, 1996 PARTS OF THE DEVELOPMENT MANAGEMENT ORDINANCE NUMBERING ARE NOT SEQUENTIAL. ONCE THE FINAL CHANGES ARE MADE TO THE CHESAPEAKE BAY PRESERVATION ACT THEN THE WHOLE ORDINANCE WILL BE RENUMBERED. Pages 1 through 85 should take you through Section 3-4-11.Use of Mobile Units Prohibited. Pages 86 through 128 should start Section 3-5 OVERLAY DISTRICT and take you through Section 3-11-8 NONCONFORMING USES LOCATED IN THE RESOURCE PROTECTION AREA (RPA) and ending with the sentence: c. A nonconforming use and development waiver shall become null and void twelve months from the date issued if no substantial work has commenced. The next page following page 128 will be page 118 and it will be the table of contents for ARTICLE 4 DESIGN AND PERFORMANCE STANDARDS. This page 118 will go through page 182 and this is the Amended Section of 4-6.1 that was amended on August 14 2003 and it is the Section dealing with Low Impact Development. After page 182 that ends with Section 4-6-3 page 167 will start again with Section 4-6-3 and the page numbering will continue from page 167 through page 250. Page 250, 257, 261, and 265 will be duplicated. The duplicated page of these four pages have a starred (*) definition that was added when Section 4-6.1 was amended in August 14, 2003. ARTICLE I INTRODUCTORY PROVISIONS Section No. Section Page 1-1 TITLE 21 1-2 AUTHORITY 21 1-3 PURPOSE 21 1-4 JURISDICTION 21 1-5 RELATIONSHIP TO THE COMPREHENSIVE PLAN 21 1-6 INTERPRETATION 22 1-7 SEVERABILITY 22 1-8 REPEAL OF CONFLICTING ORDINANCES 22 1-9 EFFECTIVE DATE 22 1-10 SAVING PROVISION 22 1-11 FILING OF CERTIFIED COPIES OF THIS ORDINANCE 23 ARTICLE 2 Warsaw DMO Page 1 ADMINISTRATION AND PROCEDURES Section No. Section Page 2-1 PROCEDURES FOR PROCESSING DEVELOPMENT APPLICATIONS 27 2-1-1 DUTIES OF THE TOWN MANAGER 27 2-1-2 DECISION-MAKING PATHS (DMPs) 28 2-1-2a DMP-a ADMINISTRATIVE APPROVAL 28 2-1-2b DMP-b TOWN COUNCIL'S APPROVAL AFTER PUBLIC HEARING 28 2-1-2c DMP-c TOWN COUNCIL'S APPROVAL, PUBLIC HEARING NOT REQUIRED 29 2-1-2d DMP-d BOARD OF ZONING APPEAL'S APPROVAL 29 EXHBT 1 PLAN OF DEVELOPMENT APPROVAL PROCEDURE 30 EXHBT 2 DECISION-MAKING PATHS (DMP DETAILS) 31 EXH 3 DECISION-MAKING MATRIX 32 2-2 PLAN OF DEVELOPMENT PROCESS 33 2-2-1 APPLICATION OF THE PLAN OF DEVELOPMENT PROCESS 33 2-2-2 ACTIVITIES EXEMPT FROM THE PLAN OF DEVELOPMENT PROCESS 34 2-2-3 PRE-APPLICATION CONFERENCE 36 2-2-4 DEVELOPMENT PERMIT APPLICATION 37 2-2-5 SUBMISSION OF A COMPLETE DEVELOPMENT PERMIT APPLICATION 37 ARTICLE 2 ADMINISTRATION AND PROCEDURES Warsaw DMO Page 2 Section No. Section Page 2-2-6 DOCUMENTS TO BE SUBMITTED 38 EXHBT 4 REQUIRED SUBMISSION DOCUMENTS 40 2-2-7 WAIVER OF SUBMISSION/DESIGN REQUIREMENTS 47 2-2-8 SUBMISSION OF SKETCH PLATS AND SKETCH PLANS 47 2-2-9 SIMULTANEOUS REVIEW OF PLATS AND PLANS AND OTHER REQUESTS 47 2-2-10 SUBMISSION OF A MINOR SUBDIVISION/SITE PLAN 48 2-2-11 SUBMISSION OF A MAJOR SUBDIVISION PLAN 48 2-2-12 ADJUSTMENTS TO APPROVED SITE PLANS 50 2-2-13 ADJUSTMENTS TO APPROVED SUBDIVISION PLATS 50 2-2-14 WETLAND PERMITS REQUIRED BEFORE FINAL APPROVAL 50 2-3 PUBLIC NOTICE REQUIREMENTS 51 2-4 APPEALS OF DECISIONS RENDERED 52 2-4-1 APPEALS OF ADMINISTRATIVE DECISIONS 52 2-4-2 APPEALSLS OF DECISIONS MADE BY THE TOWN COUNCIL AND THE BOARD OF ZONING APPEALS 52 2-5 AMENDMENTS 52 2-5-1 INITIATING AN AMENDMENT 52 2-5-2 PROCESSING AN AMENDMENT REQUEST 53 2-6 PERFORMANCE AND MAINTENANCE GUARANTEES 53 ARTICLE 2 ADMINISTRATION AND PROCEDURES Warsaw DMO Page 3 Section No. Section Page 2-6-1 PERFORMANCE AND MAINTENANCE GUARANTEES REQUIRED BEFORE FINAL APPROVALS 53 2-6-2 RELEASE OF PERFORMANCE AND MAINTENANCE GUARANTEES 54 2-7 CERTIFICATE OF COMPLIANCE, BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY 55 2-7-1 DEVELOPMENT PERMITS 55 2-7-2 CERTIFICATES OF OCCUPANCY 56 2-8 APPLICATION FEES AND ESCROW FUNDS 56 2-8-1 APPLICATION FEES 57 2-8-2 ESCROW SCHEDULE 57 2-9 VIOLATIONS, ENFORCEMENT AND PENALTIES 57 2-9-1 VIOLATIONS 57 2-9-2 ENFORCEMENT 58 2-9-3 PENALTIES 59 ARTICLE 3 ZONING Section No. Section Page Warsaw DMO Page 4 3-1 ZONING DISTRICTS 64 3-1-1 Establishment 64 3-1-2 Applicability, Effect of Overlay Districts 64 3-1-3 Statement of Intent of Each Base and Overlay District 65 3-1-3a Limited Residential (R-1) 65 3-1-3b Residential\Office (R-12) 65 3-1-3c Limited Commercial (C-1) 65 3-1-3d General Commercial (C-2) 66 3-1-3e Limited Industrial (M-1) 66 3-1-3f Chesapeake Bay Preservation Area Overlay (CBPA) 67 3-1-3g Traditional Town Overlay (TT) 67 3-2 OFFICIAL ZONING MAP 67 3-2-1 Official Zoning Map of the Town of Warsaw, Virginia 67 3-2-2 Amendments to the Official Zoning Map 68 3-2-3 Unauthorized Changes 68 3-3 INTERPRETATION OF DISTRICT BOUNDARIES 68 3-3-1 Center Lines as Boundaries 68 3-3-2 Property or Other Edgelines as Boundaries 69 3-3-3 Boundaries Other Than as Above 69 3-3-4 Dimensions 69 3-3-5 Unclassified Areas 69 3-3-6 Interpretation in Cases of Uncertainty 69 3-3-7 Jurisdictional Boundary Changes 69 3-4 APPLICATION OF DISTRICT REGULATIONS 70 3-4-1 Use, Occupancy, and Construction 70 3-4-2 Uses Permitted and Conditionally Permitted by Zoning District 70 3-4-3 Uses Not Specifically Permitted 70 3-4-4 Compliance with Height, Bulk, and Area Provisions 70 3-4-5 Required Yard for One Structure or Use Not to be Used to Meet Requirements for Another 71 EXHBT 5 PERMITTED/CONDITIONALLY PERMITTED USES BY ZONING DISTRICT 72 EXHBT 6 SCHEDULE OF BULK AND AREA REQUIREMENTS 74 ARTICLE 3 ZONING Section No. Section Page Warsaw DMO Page 5 3-4-6 Reduction of Lots or Lot Area Below the Minimum Prohibited 76 3-4-7 Reduction of Yards Below the Minimum Prohibited 76 3-4-8 Special Yard Regulations 76 3-4-9 Accessory Uses 76 3-4-10 Home Occupations 82 3-4-11 Use of Mobile Units Prohibited 85 3-5 OVERLAY DISTRICT REGULATIONS 86 3-5-1 Development Provisions - Chesapeake Bay Preservation Area (CBPA) 86 3-5-2 Development Provisions - Traditional Town District (TT) 100 3-6 BOARD OF ZONING APPEALS (BZA) 102 3-6-1 Membership 102 3-6-2 Powers 103 3-6-3 Duties 103 3-6-4 Guiding Principals 104 3-7 VARIANCE RELIEF 105 3-7-1 Application for a Variance 105 3-7-2 Fndings Necessary Before Issuance of a Variance 105 3-7-3 Variances Not Authorized 106 3-7-4 Conditions Attached to Variances 106 3-7-5 Lapse of Variance Approval 106 3-8 PLANNING COMMISSION 106 3-8-1 Membership 106 3-8-2 Powers and Duties 107 3-9 CONDITIONAL ZONING 107 3-9-1 Purpose 107 3-9-2 Proffer of Conditions 108 3-9-3 Effect of Conditions 109 3-9-4 Zoning Map Notation and Records 109 ARTICLE 3 ZONING Section No. Section Page Warsaw DMO Page 6 3-9-5 Submittal Requirements 109 3-9-6 Procedural Regulations and Requirements 109 3-10 CONDITIONAL USE PERMITS 110 3-10-1 Purpose and Intent 110 3-10-2 Review Standards for Conditional Use Permits 110 3-10-3 Special Conditionsq 111 3-10-4 Conditional Use Permit Application Requirement 112 3-10-5 Conditional Use Permit General Provisions 112 3-10-6 Revocation of Conditional Use Permits 113 3-11 NONCONFORMING USES 113 3-11-1 Continuation of Nonconforming Uses of Land and/or Structures 113 3-11-2 Change in District Boundaries 115 3-11-3 Permits 115 3-11-4 Nonconforming Lots of Record 115 3-11-5 Prohibition against the Creation of Lots Below Width and Area Requirements for the Zoning District 115 3-11-6 Highway Realignment or Condemnation 116 3-11-7 Uses Under Conditional Use Permit Provisions are not Nonconforming Uses 116 3-11-8 Nonconforming Uses Located in the Resource Protection Management Area (RPA) of the Chesapeake Bay Preservation Act (CBPA) Overlay District 116 ARTICLE 4 DESIGN AND PERFORMANCE STANDARDS Section No. Section Page 4-1 GENERAL LAYOUT AND DESIGN 127 Warsaw DMO Page 7 4-1-1 Purpose and Intent 127 4-1-2 Plan of Development Submittal Requirements 127 4-1-3 General Requirements Relating to Overall Design and Utility of Land 127 4-1-3a Suitability of Land for Development 127 4-1-3b Building Design 128 4-1-3c Relationship of Building to Site 129 4-1-3d Relationship of Project to Adjoining Areas 130 4-1-3e Landscape and Site Treatment 131 4-1-3f Signs 132 4-1-3g Lighting 132 4-1-3h Maintenance Considerations 133 4-1-3i Preservation of Natural Features 134 4-2 LAND DIVISION DESIGN STANDARDS 135 4-2-1 Purpose and Intent 135 4-2-2 Plan of Development Submittal Requirements 135 4-2-3 General Requirements 135 4-2-3a Preservation of Resources 135 4-2-3b Provision of Open Space 135 4-2-3c Compliance with Zoning Provisions of Article 3 135 4-2-3d Compliance with the Comprehensive Plan 135 4-2-4 Layout of Streets As It Related to Lot and Block Configuration 136 4-2-4a Compliance with Section 4-3 and Other Provisions of this Ordinance 136 4-2-4b Street Layout Shall Promote the Economic Use of the Site 136 4-2-4c Access 136 4-2-4d Facilitation of Proper Block Configurations 136 4-2-4e Separation of Lots from Major Thoroughfares and Arterial Roads 136 4-2-4f Dual Frontage by Means of Rear Alleys 137 4-2-5 Blocks 137 4-2-5a Size 137 4-2-5b Shape 137 4-2-5c Non-Residential Blocks 138 4-2-6 Lots 138 4-2-6a General Design 138 4-2-6b Dimension and Size 138 Section No.