Town zoning ordinance of the town of Parksley, Virginia

[From the U.S. Government Printing Office, www.gpo.gov]

Parksley Zoning Ordinance - Adopted April 10, 1995

Town Zoning Ordinance

The Town of Parksley, Virginia

Prepared by:

The Town of Parksley Planning Commission

During the preparation of this ordinance, financial assistance was provided by the
Chesapeake Bay Local Assistance Department, Commonwealth of Virginia.

oo- Preparation of this ordinance was funded, in part, by the
Department of Environmental Quality's Virginia Coastal Resources
Al Management Program through Grant No. NA370ZO360-01 of the
National Oceanic and Atmospheric Administration, Office of Ocean
zr, and Coastal Resource Management, under the Coastal Zone
Management Act of 1972, as amended.

With Technical Assistance by:

ACcomack-Northampton Planning District Commission
P.O. Box 417
Accomac, Virginia 23301

Parksley Zoning Ordinance - Adopted April 10, 1995

Parksley Town Zoning Ordinance as dul adopted by the Parksley Town
Council in regular session on MCI 1995.

Certification:
Thomas W. Yo

Teste:
Denise Bernard, Clerk

The effective date of this ordinance shall be from and after its
adoption by the Parksley Town Council, and its provisions shall be
enforced thereafter until repealed or amended.

Parksley Zoning Ordinance - Adopted April 10, 1995

TABLE OF CONTENTS,

ARTICLE TITLE PAGE

I General Provisions ............................... 1

Ii Definitions ...................................... 5

III Districts ....................................... 16

Residential, Single-Family (R-15) ............ 20

Residential, Mixed (R-M) ..................... 23

Commercial, General (C-G) .................... 26

Chesapeake Bay Preservation Area
Overlay District (CBPA) .................... 29

IV Sign Regulations ................................ 47

V Off-Street Parking .............................. 49

Vi Nonconforming Lots .............................. 51

VII Nonconforming Uses .............................. S2

VIII Administration and Enforcement .................. 55

Ix Special Use Permits ............................. 57

X Provisions for Appeal ........................... 60

XI Amendments ............................... ' ....... 65

Parksley Zoning Ordinance - Adopted April 10, 1995

MAPS and FIGURES

MAP PAGE

Town of Parksley Zoning Map .................................. 17

Town of Parksle-% Chesapeake Bay
Y
Preservation Area Overlay District Map ..................... 18

FIGUR13

Illustration of Lot Terms and Yard Requirements .............. 19

Parksley Zoning Ordinance - Adopted April 10, 1995

Article I - General Provisions

I-1 Pu=ose and Authority to Zone. Whereas, by act of the General
Assembly of Virginia as provided in Title 15.1, Chapter 11, Article
8, Section 15.1-486 through 15.1-498, Code of Virginia, as amended,
the governing body of any county or municipality may, by ordinance,
divide the territory under its jurisdiction into districts of such
number, shape, and area as it may deem best suited to carry out the
purposes of this article, and in each district it may regulate,
restrict, permit, prohibit, and determine the following:

A. The use of land, buildings, structures, and other premises for
agricultural, commercial, industrial, residential, and other
specific uses; and

B. The size, height, area, bulk, location, erection,
construction, reconstruction, alteration, repair, maintenance,
razing or removal of structures; and

C. The areas and dimensions of land, water, and air space to be
occupied by buildings, structures and uses, and of courts,
yards, and other open spaces to be left unoccupied by uses and
structures, including variations in the sizes of lots based on
whether a public or community water supply or sewer system is
available and used; and

D. The excavation or mining of soil or other natural resources.

Therefore, be it ordained by the governing body of the Town of
Parksley, Virginia, for the purpose of promoting the health,
safety, and/or general welfare of the public and of further
accomplishing the objectives of Section 15.1-427 of the Code of
Virginia, that the following be adopted as the zoning ordinance of
the Town of Parksley, Virginia, together with the accompanying map.
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, 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; (7) to encourage economic
development activities that provide desirable employment and

Parksley Zoning Ordinance - Adopted April 10, 1995

enlarge the tax base; (8) to promote affordable housing; (9) to
protect surface water and ground water as required by the
Chesapeake Bay Preservation Act; and (10) to be in accord with and.
to implement the goals, objectives and policies set forth in the
Parksley Town Plan, as adopted by the Parksley Town Council.

1-2 Ordinance Sets Minimum Standards. Whenever the standards set
forth in this ordinance are at variance with the requirements of
any other lawfully adopted statutes, rules, regulations, deed.
restrictions, covenants, or ordinances, the most restrictive, or
that imposing the highest standards shall govern.

1-3 Town Liability. The zoning of any land and the granting of
any permit or certificate for the use of land and/or structure
shall not be interpreted as a guarantee by the Town of Parksley of
the suitability of such land or structure for developing or use.

1-4 Severability Clause. Should any section or provision of this
ordinance be declared by the courts to be unconstitutional or.
invalid, such decision shall not affect the validity of this,
ordinance as a whole or any other part thereof other than the part
so declared to be unconstitutional or invalid.

1-5 Non-exclusionary Intent. It is not the intent of this.
ordinance to exclude any economic, racial, religious or ethnic
group from enjoyment of residence, land ownership or tenancy within.
the Town; nor is it the intent of this ordinance to use public,
powers in any way to promote the separation of economic, racial,
religious, ethnic groups, nor persons with disabilities; nor is it.
the intent of this ordinance to use public powers in any way to
deny anyone the otherwise lawful use of the resources within the!
Town of Parksley based upon family status, except as may be the
incidental result of meeting the purpose outlined in Section I-1,
herein. I. I

1-6 Provisions for Official Zoning May. The boundaries of the
zoning districts are shown on the official zoning map of the Town
of, Parksley, Virginia, which together with all notations,
amendments, and explanatory matter thereon are hereby made a part
of this ordinance. The official zoning map shall be attested by,
the signature of the Mayor of the Town, whose signature shall be
witnessed, and shall remain on file in the office of the Zoning
Administrator and/or Town Hall where it shall be accessible to the
general public.

1-6.1 Changes or Amendments. If, in accordance with the provisions
of this ordinance, changes are made in district boundaries or other
matter portrayed on the official zoning map, such changes shall be
entered on the official zoning map promptly after the change has
been approved by the Town Council, or no more than thirty (30) days
after approval. Such changes shall be attested by the initials of'

Parksley Zoning Ordinance - Adopted April 10, 1995

the Zoning Administrator and the date of entry. A paper copy of
such map or maps shall be maintained in the office of the Zoning
Administrator and/or Town Hall.

Changes to this ordinance which involve matters portrayed on the
official zoning map shall become effective immediately upon being
entered onto the official zoning map or matter shown thereon except
in conformity with the procedure set forth in this ordinance. Any
unauthorized change of whatever kind by any person shall be
considered. a violation of this ordinance and punishable as provided
under Article VII.

1-6.2 Replacement. In the event that any or all of the official
zoning map becomes damaged, destroyed, lost or difficult to
interpret because of the nature or number of changes and additions,
the Town Council may by resolution adopt a new official zoning map.
The new official zoning map may correct drafting or other errors,
or omissions in the prior official zoning map, but no such
correction shall have the effect of amending the original official
zoning map or any subsequent amendment thereof. The new official
zoning map shall be attested by the signature of the mayor and
shall be witnessed. Unless the prior official zoning map or maps
have been lost or totally destroyed, the prior map or maps or any
significant parts thereof remaining shall be preserved, together
with all available records pertaining to the adoption and
amendment, if any, of the prior map or maps.

1-6.3 Apiplication and InterT)retation of District Boundaries. Where
uncertainty exists as to the boundaries of zoning districts as
shown on the official zoning map, the following rules shall apply:

A. Unless otherwise indicated, district boundaries indicated as
approximately following the center lines of existing or
proposed roads, streets, highways, alleys, or railroads; mean
low water or center lines, as indicated, of streams, ponds,
drainage ditches, or other natural and manmade bodies of
water; or property lines shall be construed to follow such
lines.

B. Boundaries indicated as parallel to or extensions of features
indicated in subsection A above shall be so construed.
Distances not specifically indicated on the official zoning
map shall be determined by the scale of the map.

C. If no distance, angle, curvature description, or other means
is given to determine a boundary line accurately and the
foregoing provisions do not apply, the same shall be
determined by the size of the scale shown on the official
zoning map.

D. where a district boundary line divides a lot which was in

Parksley Zoning Ordinance - Adopted April 10, 1995

single ownership at the time of passage of this ordinance, the
Board of Zoning Appeals shall hear and decide the exact
location of the district line in keeping with the provisions
of Article VIII.

E. Where the exact location of district boundaries is not clear
after application of the rules presented, the Board of Zoning
Appeals shall hear and decide such questions in accordance
with the provisions of Article VIII.

1-7 Application of District Recrulations. The regulations set by
this ordinance within each district shall be minimum regulations
and shall apply uniformly to each class or kind of structure or
land except as hereinafter provided:

A. No building or land shall hereafter be used or occupied, and
no building or part thereof shall be erected, constructed,
reconstructed, moved, or structurally altered except in
conformity with all of the regulations herein specified for
the district in which it is located or is to be located.

B. No building shall hereafter be erected, constructed, or
altered so as to exceed height or bulk limits, to accommodate
or hou-se a greater number of families, to occupy a greater
percentage of lot area, or to have narrower or smaller rear
yards, front yards, side yards, or other open spaces than
herein required.

C. No new yard or lot shall hereafter be created nor shall any
yard or lot existing at the time of enactment of this
ordinance be altered so that width, depth, or area
requirements; front side, or rear requirements; or other
requirements of this ordinance are not maintained, except when
a portion of a lot is acquired for public use.

D. Nothing contained herein shall require any changes in the
plans or construction of any building for which a building
permit was granted prior to the effective date of this
ordinance. However, if such construction does not commence
within six (6) months or less after this ordinance becomes
effective, construction shall be in conformity with the
provisions of this ordinance for the district in which the
activity is located.

Parksley Zoning ordinance - Adopted April 10, 1995

Article II - Definitions

For the purpose of this ordinance, certain words and terms are
defined as follows. Words used in the present tense include the
future. Words in the singular include the plural, and the plural
includes the singular.

II-1 Accessory Use or Structure: A subordinate use or structure
customarily incidental to and located upon the same lot occupied by
the main use or building. This definition of accessory structure
shall include satellite dishes.

11-2 Acreage: A parcel of land, regardless of area, described by
metes and bounds which is not a numbered lot on any recorded
subdivision plat.

11-3 Administrator, The: The official charged with the enforcement
of the zoning ordinance. He may be any appointed or elected
official who is by formal resolution designated to the position by
the governing body. He may serve with or without compensation as
determined by the governing body.

11-4 Agriculture: The tilling of the soil, the raising of crops,
horticulture, forestry, and gardening, including the keeping of
animals and fowl, and including any agricultural industry or
business such as fruit packing plants, dairies, or similar uses.

11-5 Agricultural Lands: Those lands used for the planting and
harvesting of crops or plant growth of any kind in the open;
pasture; horticulture; dairying; floriculture; or raising of
poultry and/or livestock.

11-6 Alteration: Any change in the total floor area, use,
adaptability, or external appearance of an existing st 'ructure.

11-7 Aipartment House: A building used or intended to be used as
the residence of three (3) or more families living independently of
each other.

11-8 Basement: A story having part but not more than one-half
(1/2) of its height below grade. A basement shall be counted as a
story for purposes of height regulations, if it is used for
business purposes, or for dwelling purposes by other than a janitor
employed on the premises.

11-9 Bed and Breakfast House: A dwelling where lodging and
breakfast is provided for compensation for up to six (6) persons
(in contradistinction to hotels, boarding houses and tourist
houses) and open to transients. Up to one person may be hired to
assist in the operation of the establishment.

Parksley Zoning Ordinance - Adopted April 10, 1995

II-10 Best Manacrement Practices (BMPs): A practice, or a
combination of practices, that is determined by a state or
designated area-wide planning agency to be the most effective,
practical means of preventing or reducing the amount of pollution
generated by nonpoint sources to a level compatible with water
quality goals.

II-11 Boarding House: A building where, for compensation, lodging
and meals are provided for at least six (6) and up to ten (10)
persons.

11-12 Buffer Area: An area of natural or established vegetation
managed to protect other components of a Resource Protection Area
and state waters from significant degradation due to land
disturbances.

II-13-Building: Any structure having a roof supported by columns
or walls for the housing or enclosure of persons, animals, or
chattels.

II-14-Buildincr, Height of: The height shall be measured from the
average elevation of the ground surface along the front of the
building.

11-15- Building, Main: The principal structure or one (1) of the
principal buildings on a lot, or the building or one (1) of the
principal buildings housing the principal use on the lot.

11-16 Cellar: A story having more than one-half (1/2) of its,
height below grade and which may not be occupied for dwelling
purposes.

11-17 Chesaveake Bay Preservation Area (CEPA) : Any land designated
by the Parksley Town Council pursuant to Part III of th e Chesapeake
Bay Preservation Area Designation and Management Regulations, VR
173-02-01, promulgated pursuant to the Code of Virginia. The
Parksley Chesapeake Bay Preservation Area shall consist of a
Resource Protection Area and a Resource Management Area.

11-18 Commission, The: The Planning Commission of the Town of
Parksley, Virginia.

11-19 Construction Footprint: The area of all impervious surface
including, but not limited to, buildings, roads and drives, parking
areas, and sidewalks and the area necessary for construction of
such improvements.

11-20 Dairy: A commercial establishment for the manufacture and
sale of dairy products.

11-21 Deve loment: The construction, or substantial alteration, of

Parksley Zoning Ordinance - Adopted April 10, 1995

residential, commercial, industrial, institutional, recreation,
transportation, or utility facilities or structures.

11-22 Diameter at Breast Heicrht (DBH) : The diameter of a tree
measured outside the bark at a point 4.5 feet above ground.

11-23 District: Districts as referred to in the State Code,
Section 15.1-486.

11-24 Dripline: A vertical projection to the ground surface from
the furthest lateral extent of a tree's leaf canopy.

11-25 Dwelling: Any structure which is designed for use for
residential purposes, except hotels, boarding houses, lodging
houses, tourist cabins, apartments, travel trailers, and
manufactured and mobile homes.

11-25.1 Multiple-Family: A structure arranged or designed to be
occupied by more than two (2) families.

11-25.2 Single-Family: A structure arranged or designed to be
occupied by one (1) family, the structure having only one (1)
dwelling unit.

11-25.3 Two-Family: A structure arranged or designed to be
occupied by two (2) families, the structure having only two (2)
dwelling units.

11-26 DwellincT Unit: One (1) or more rooms in a dwelling designed
for living or sleeping purposes, and having at least one (1)
kitchen.

11-27 Family: One (1) or more persons occupying a premises and
living in a single dwelling unit, as distinguished from an
unrelated group occupying a boarding house, lodging house, tourist
home, or hotel.

11-28 Frontage: The minimum width of a lot measured from one (1)
side line to the other along a straight building setback line as
defined as required herein.

11-29 Garage, Private: Accessory building designed or used for the
storage of not more than three (3) automobiles owned and used by
the occupants of the building to which it is accessory. on a lot
occupied by a multiple-unit dwelling, the private garage may be
designed and used for the storage of one and one-half (1 1/2) times
as many automobiles as there are dwelling units.

11-30 Garage, Public: A building or portion thereof, other than a
private garage, designed or used for servicing, repairing, equip-
ping, renting, selling, or staring motor-driven vehicles.

Parksley Zoning Ordinance - Adopted April 10, 1995

11-31 Golf Course: Any golf course, publicly or privately owned,
on which the game of golf is played, including accessory uses and
buildings customary thereto, but excluding golf driving ranges as
defined herein.

11-32 Golf Drivincr Range: A limited area on which golf players do
not walk, but onto which they drive golf balls from a central
driving tee.

11-33 GovernincLBody: The Town Council of Parksley, Virginia.

11-34 Historical Area: An area indicated on the Zoning map to
which the provisions of the ordinance apply for protection of a
historical heritage.

11-35 Home Garden: A garden in a residential district for the
production of vegetables, fruits, and flowers generally for use
and/or consumption by the occupants of the premises.

11-36 Home Occupatio : Any occupation or profession carried on in
a dwelling unit or on the premises thereof, provided that:

A. No person other than members of the family residing on the
premises shall be engaged in such occupation.

B. The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to its use for residential
purposes by-its occupants, and not more than twenty-five (25)
percent of the floor area of the dwelling unit or twenty-five
(25) percent of said floor area if conducted in an accessory
building, shall be used in the conduct of the home occupation.

C. There shall be no change in the outside appearance of the
building or premises, or other visible evidence of.the conduct
of such home occupation other than one sign, not exceeding one
(1) square foot in area. The sign must have a white
background with black trim. Letters must be in black and must
be no more than three inches in height.

D. No traffic shall be generated by such home occupation in
greater volumes than would normally be expected in a
residential neighborhood, and any need for parking generated
by the conduct of such home occupation shall be met off the
street and other than in a required front yard.

E. No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odors, or
electrical interference detectable to the normal senses off
the lot, if the occupation is conducted in a single-family
dwelling, or outside the dwelling unit if conducted in other
than a single-family dwelling. In the case of the electrical

Parksley Zoning Ordinance - Adopted April 10, 1995

interference, no equipment or process shall be used which
creates visual or audible interference in any radio or
television receivers off the premises, or causes fluctuations
in line voltage off the premises. Bed and breakfast houses,
boarding and rooming houses, tourist homes and private
education institutions, the conducting of a beauty or barber
shop, tea room or restaurant, rest home, clinic, doctor or
dentist office, child care center, real estate office, or
cabinet, metal, or auto repair shop shall not be deemed a home
occupation.

11-37 Impervious Cover: A surface composed of any material that
significantly impedes or prevents natural infiltration of water
into the soil. Impervious surfaces include, but are not limited
to: roofs, buildings, streets, parking areas, and any concrete,
asphalt, or compacted gravel surface.

11-38 Infill: Utilization of vacant land in previously developed
areas.

11-39 Kennel: Any place in which more than three (3) dogs, more
than six (6) months of age are kept, or any number of dogs are kept
for the purpose of sale or rental or in connection with boarding,
care, or breeding, for which any fee is charged.

11-40 Land Disturbance: Any activity causing a land change which
may result in soil erosion from water or wind and the movement of
sediments into state waters or onto other lands, including, but not
limited to, clearing, grading, excavating, transporting and filling
of land; except that this term shall not apply to minor activities
such as home gardening, individual home landscaping, and repairs
and home maintenance.

11-41 Lot: A parcel of land occupied or to be occupied by a main
structure or group of main structures and accessory' structures,
together with such yards, open spaces, lot width, and lot areas as
are required by this ordinance, and having frontage upon a street,
either shown on a plat of record or considered as a unit of
property and described by metes and bounds.

11-42 Lot, Corner: A lot abutting on two (2) or more streets at
their intersection. Of the two (2) sides of a corner lot, the
front shall be deemed to be the shortest of the two (2) sides
fronting on streets.

11-43 Lot, Depth of: The average horizontal distance between the
front and rear lot lines.

11-44 Lot, Double Frontage: An interior lot having frontage on two
(2) streets.

Parksley Zoning Ordinance - Adopted April 10, 1995

II-45-Lot, Interior: Any lot other than a corner lot.

11-46 Lot, Width: The width of any lot at the setback line,
calculated bv measuring back a uniform distance from the street.
line as required by the setback regulation. If the street line!
curves or angles, then the setback line shall also curve or angle!
uniformly with the street line and the lot ' width shall be
calculated along the said curve or angle setback line.

11-47 Lot of Record: A lot which has been recorded in the Clerk's
Office of the Circuit Court.

11-48 Manufacture and/or Manufacturincr: The processing and/or
converting of raw, unfinished materials, or products, or either of'
them, into articles or substances of different character, or for
use for a different purpose.

11-49 Manufactured Home: A structure constructed to federal
standards, transportable in one or more sections, which, in the
traveling mode, is eight (8) feet or more in width and is forty
(40) or more feet in length, or when erected on site, is three-
hundred and twenty (320) or more square feet, and which is built on
a permanent chassis and designed to be used as a dwelling unit with
or without a permanent foundation when connected to the required
utilities, and includes the plumbing, heating, air conditioning,
and electrical conditions contained therein. The term I'mobile
home," once widely used to describe transportable housing units,
has been replaced in the Code of Virginia, Section 36-85.16 et,
seq., by the term "manufactured home."

11-50 Manufactured Home Park or Subdivision: Any area designed to
accommodate two (2) or more manufactured homes intended for
residential use where residence is in manufactured homes
exclusively.

11-51 Mobile Home: A transportable, factory built home designed to
be used as a year-round residential dwelling and built prior to the
enactment of the Federal Manufactured Housing Construction and
Safety Standards Act of 1974. (This definition shall not include
motor homes and travel trailers.)

11-52 Motor Home: Every private motor vehicle with a normal.
seating capacity of not more than ten persons, including the
driver, designed primarily for use as living quarters for human
beings.

11-53 Nonconforming Lot: An otherwise legally platted lot that:
does not conform to the minimum area or width requirements of this
ordinance for the district in which it is located either at the
effective date of this ordinance or as a result of subsequent:
amendments to the ordinance.

Parksley Zoning Ordinance - Adopted April 10, 1995

11-54 Nonconforming Activity: The otherwise legal use of a
building or structure or of a tract of land that does not conform
to the use regulations of this ordinance for the district in which
it is located, either at the effective date of this ordinance or as
a result of subsequent amendments to the ordinance.

11-55 Nonconforming Structure: An otherwise legal building or
structure that does not conform with the lot area, yard, height,
lot coverage, or other area regulations of this ordinance, or is
designed or intended for a use that does not conform to the use
regulations of this ordinance for the district in which it is
located, either at the effective date of this ordinance or as a
result of subsequent amendments to the ordinance.

11-56 Nonpoint Source Pollution: Pollution consisting of
constituents such as sediment, nutrients, and organic and toxic
substances from diffuse sources, such as runoff from agriculture
and urban land development and use.

11-57 Nontidal Wetlands: Those wetlands other than tidal wetlands
that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, as defined by the
U.S. Environmental Protection Agency pursuant to Section 404 of the
federal Clean Water Act, in 33 C.F.R. 328.3b, dated November 13,
1986, provided that any exceptions thereto shall be exceptions
herein.

11-58 Noxious Weeds: Weeds that are difficult to control
effectively, such as Johnson Grass, Kudzu, and multiflora rose.

11-59 Office: For the purpose of this ordinance offices are
defined as a building, room or suite in which services, clerical
work, professional duties or the like are carried out.'

11-60 Parking Space: A permanently maintained area, enclosed or
unenclosed, sufficient in size to store one (1) standard size
automobile, together with a driveway connecting the parking space
with a street or alley and permitting ingress or egress of an
automobile.

11-61 Parkincr Area, Off-Street: Parking (as defined in 11-61)
space provided for vehicles outside the dedicated street
right-of-way.

11-62 Plan of Development: The process for site plan review to
ensure compliance with Section 10.1-2109 of the Code of Virginia
and Section 111-5.12 of this Zoning Ordinance, prior to any
clearing or grading of a site or the issuance of a building permit.

Parksley Zoning Ordinance - Adopted April 10, 1995

11-63 Public RoZLd: A publicly-owned road designed and constructed
in accordance with water quality protection criteria at least as
stringent as requirements applicable to the Virginia Department of
Transportation.

11-64 Public Water and Sewer Systems: A water or sewer system'
owned and operated by the Town of Parksley or owned and operated by
a private individual or a corporation approved by the governing
body and properly licensed by the State Corporation Commission, and.
subject to special regulations as herein set forth.

11-65 Recreational Vehicle: Vehicular-type structure designed as
temporary living accommodations for recreation, camping, and travel
use. There are four (4) basic types of recreational vehicles:
travel trailers, motor homes, truck campers, and camping trailers.

11-66 Redeveloment: The process of developing land that is or has,
been previously developed.

11-67 Recruired ODen Space: Any space required in any front, side,
or rear yard.

11-68 Resource Management Area (RMA) That component of the
Chesapeake Bay Preservation Area that is not classified as the
Resource Protection Area. RMAs include land types that, if
improperly used or developed, have the potential for causing
significant water quality degradation or for diminishing the
functional value of the Resource Protection Area.

11-69 Resource Protection Area (RPA) : That component of the
Chesapeake Bay Preservation Area comprised of lands at or near the
shoreline that have an intrinsic water quality value due to the
ecological and biological 'processes they perform or are sensitive
to impacts which may result in significant degradation to the
quality of state waters.

11-70 Restaurant: Any building in which, for compensation, food or
beverages are dispensed for consumption on the premises including,
among other establishments, cafes, tea rooms, confectionery shops,
or refreshment stands.

11-71 Retail Stores and ShoT)s: Buildings for display and sale of'
merchandise at retail or for the rendering of personal services)
(but specifically exclusive of coal, wood, and lumber yards) such
as the following which will serve as illustration: drug store,
newsstand, food store, candy shop, milk dispensary, dry goods and
notions store, antique store and gift shop, hardware store,
household appliance store, furniture store, florist, optician,
music and radio store, tailor shop, barber shop, and beauty shop.

IT-72 Satellite Dish: A device incorporating a reflective surface

Parksley Zoning Ordinance - Adopted April 10, 1995

that is solid, open mesh, or bar configured and is in the shape of
a shallow dish, cone, horn, or cornucopia. Such device shall be
used to transmit and/or receive radio or electromagnetic waves
between terrestrially and/or orbitally based units. This
definition includes, but is not limited to, satellite earth
stations, TVROs (television reception only satellite dish
antennas), and satellite microwave antennas.

11-73 Setback: The minimum distance by which any building or
structure must be separated from a lot line.

11-74 Sign: Any display of any letters, words, numerals, figures,
device, emblems, pictures, or any parts or combinations thereof, by
any means whereby the same are made visible for the purpose of
making anything known, where such display be made on, attached to,
or as a part of a structure, surface, or any other thing including,
but not limited to, the ground, any rock, tree, or other natural
object, which display is visible beyond the boundaries of the
parcel of land on which the same is made. A display of less than
one (1) square foot in area is excluded from this definition.

11-74.1 Business. A sign which directs attention to a product,
commodity, or service available on the premises.

11-74.2 Home Occupation. A sign not exceeding one (1) square foot
in area directing attention to a product, commodity, or service
available on the premises, but which product, commodity, or service
is clearly a secondary use of the dwelling. The sign must have a
white background with black trim. Letters must be in black and no
more than three inches in height.

11-74.3 Home Identification. A sign not exceeding four (4) square
feet in area identifying an individual dwelling, property, or
occupants' name. Said sign shall not be located any closer than
five (5) feet to any property line.

11-74.4 General Advertising. A sign which directs attention to a
product, commodity, or service not necessarily available on the
premises.

11-74.5 Location. A sign which directs attention to the
approximate location of an establishment from which the advertised
product may be obtained.

11-74.6 Directional. A directional sign which indicates the
@irection to which attention is called four (4) square feet or less
in area, giving the name only of the farm or business responsible
f or the erection of same, one end of which may be pointed, or on
which an arrow may be painted.

11-74.7 Identification. A sign, not exceeding sixteen (16) square

Parksley Zoning Ordinance - Adopted April 10, 1995

feet in area, for the purpose of showing the name and use of a
convent, monastery, seminary, church, country club, sanitarium,
cemetery, children's home, orphanage, fraternal organization,
hospital, or other similar establishment, when such use is
permitted in a residential zone as specified in this article and.
such sign is erected or displayed on the property as identified.

11-74.8 Real Estate. A sign not exceeding four (4) square feet in.
area identifying a particular property for sale.

11-74.9 Temporarv. A sign not exceeding four (4) square feet in.
area applying to a seasonal or other brief activity such as, but
not limited to, yard sales, horse shows, or auctions.

11-75 Sicrn Structure: Includes the supports, uprights, bracing,
and framework of' any structure, be it single-faced, double-faced,
v-type, or otherwise exhibiting a sign.

11-76 Store: See Item 11-72, Retail Stores and Shops.

11-77 Story: That portion of a building, other than the basement,
included between the surface of any floor and the surface of the
floor next above it. If there is no floor above it, the space
between the floor and the ceiling next above it.

11-78 Story, Half: A space under a sloping roof, which has the
line of intersection of roof decking and wall face not more than
three (3) feet above the top floor level, and in which space not.
more than two-thirds of the floor area is finished off for use.

11-79 Street; Road: A public thoroughfare, except an alley or
driveway, which affords principal means of access to abutting
property.

11-80 Street Line: The dividing line between a street or road
right-of-way and the contiguous property.

11-81 Structure: Anything constructed or erected, the use of which
requires permanent location on the ground, or attachment to some-
thing having a permanent location on the ground. This includes,
among other things, dwellings, buildings, signs, etc.

11-82 Tributary Stre : Any perennial stream that is so depicted
on the most recent U.S. Geological Survey 7-1/2 minute topographic!
quadrangle map (scale 1:24,000).

11-83 Tourist Home: A dwelling where only lodging is provided for
compensation for up to fourteen (14) persons (in contradistinction.
to hotels and boarding houses) and open to transients.

11-84 Travel Trailer: Vehicular structure mounted on wheels which

Parksley Zoning Ordinance - Adopted April 10, 1995

is designed as temporary living accommodations for recreation,
camping, and travel use and can be easily towed by automobile or
small truck and does not require special highway movement permits.

11-85 Truck Camper: Portable structure designed to be loaded onto
or affixed to the bed or chassis of a truck. Designed to be used
as temporary living accommodations for recreation, camping, and
travel use.

11-86 Use, Accessory: A subordinate use customarily incidental to
and located upon the same lot occupied by the main use.

11-87 Variance: A variance is a reasonable deviation, granted by
the Board of Zoning Appeals, from those provisions regulating the
size or area of a lot or parcel of land or the size, area, bulk, or
location of a building or structure.

11-88 Water-dependent Facility: A development of land that cannot
exist outside of the Resource Protection Area and must be located
on the shoreline by reason of the intrinsic nature of its
operation. These facilities include, but are not limited to (i)
ports; (ii) the intake and outfall structures of power plants,
water treatment plants, sewage treatment plants, and storm sewers;
(iii) marinas and other boat docking structures; (iv) beaches and
other public water-oriented recreation areas; and (v) fisheries or
other marine resources facilities.

11-89 Wayside Stand, Roadside Stand, Wayside Market: Any structure
or land used for the sale of agricultural or horticultural produce,
livestock, or merchandise produced by the owner or his family on
their farm.

11-90 Wetlands: Nontidal wetlands.

11-91 Yard: An open space on a lot other than a court, unoccupied
and unobstructed from the ground upward, except as otherwise
provided herein.

11-91.1 Front. An open space on the same lot as a building between
the front line of the building (excluding steps) and the front lot
or street line, and extending across the full width of the lot.

11-91.2 Rear. An open, unoccupied space on the same lot as a
building between the rear line of the building (excluding steps)
and the rear line of the lot and extending across the full width of
the lot.

11-91.3 Side. An open, unoccupied space on the same lot as a
building between the side line of the building (excluding steps)
and the side line of the lot, and extending from the front yard
line to the rear yard line.

Parksley Zoning Ordinance Adopted April 10, 1995

Article-III Districts

III-1 Enumeration of Districts. For the purpose of this ordinance,
the incorporated area of the Town of Parksley, Virginia, is hereby
divided into the following districts.

Residential, Single-Family: R-15 page 20

Residential, Mixed: R-M page 23

Commercial, General: C-G page 26

Chesapeake Bay Preservation Area
Overlay District CBPA page 29

Location of these districts can be found on Map 1, page 17, and on
Map 2, page 18.

A graphic illustration of lot terms and yard requirements as
defined in Article II and used in the district regulations may be
found on Figure 1, page 19.

TOWN OF PARKSLEY

Map I
ZONING DISTRICTS

F-j R-19 Residential

R-M Residential Mixed

C-G Commercial General

TOWN OF PARKSLEY

..............

.................

Map 2
CHESAPEAKE BAY
PRESERVATI.ON AREAS

Resource management Area

Resource Protection Areas

Perennial Strearrv
Non-Tidal Wetland

Buffer Zone

Fi gt=m I-

LLUS TRAMN OF ILCT 7SP?AS

-;de Lot
Lines
!rnanor

2 Lot OepM
U- do -
@3 Rear L--T Uri
In
I I ntenor
Comer 'Lat IMM
LOT

Streez Ff=.=.ga

iLLUST"RATTON GFRE-MIRED "^'.::03

@-:iecuirea
Accescry
Aear Yard
Rear
Y=

MAIN
i9squoad SUILOING
Side
Yarcl Side
Yard

Yard FleqWred Rom
FfMI Lot Lne yam

suaw mw

Parksley Zoning Ordinance - Adopted April 10, 1995

111-2 Residential Single-Family District, R-15

111-2.1 Statement of Intent. This district is comoosed of certain
quiet, medium-density residential areas plus certain open areas
where similar residential develovment is recommended to occur by
the Town of Parksley Town Plan. @he regulations for this district
are designed to stabilize and protect the essential characteristics
of the district and to promote and encourage a suitable environment
for family life where there are children. To these ends,
development is limited to a relatively medium concentration; and
permitted uses are basically limited to single-unit dwellings
providing homes for the residents, plus certain additional uses,
such as parks, and certain public facilities that serve the
residents of the district. This area is represented as R-15 on
page 18 of the Town of Parksley, Virginia, Zoning Ordinance and as
Residential on the Future Land Use Map in the Parksley Town Plan.

111-2.2 Principil Permitted Uses and Structures. The following
uses shall be Permitted subject to all the other requirements of
this ordinance as a matter of right in Single-Family Residential
District (R-15).

A. Single-Family Dwellings.

B. Public Parks and Playgrounds.

C. Accessory Buildings, including Satellite Dishes.

D. Residential. Swimming Pools, provided that same are located no
closer than. ten (10) feet to any adjoining property line, and
provided that any swinuning pool with a depth of twenty- f our
(24) inches or more, whether below or above grade, fixed or
movable, shall be enclosed by independent fencing and gates at
least f ive (5) f eet high with a mesh no larger than six (6)
inches.

Swimming pools not in conformity with the foregoing shall
require a Special Use Permit.

E. Public Utilities: signs, poles, distribution lines,
distribution transformers, pipes, meters, and other facilities
necessary for the provision and maintenance of public
utilities, including water and sewerage facilities.

F. Home identification signs as defined in Article II and in
comoliance with Article IV of this Ordinance.

G. Identification signs as defined in Article II and in
comoliance with Article IV of this Ordinance.

H. Real es tate signs as defined in Article II and in compliance

Parksley Zoning ordinance - Adopted April 10, 199s

with Article IV of this Ordinance.

I. Temporary signs as defined in Article II and in compliance
with Article IV of this Ordinance.

111-2.3 Special Exceptions. The following uses shall be permitted
in Single-Family Residential District (R-15), subject to all the
other requirements of this ordinance, only upon the obtaining of a
Special Use Permit from the Town Council.

A. Two-Family Dwelling.

B. Home occupations - as defined in 11-36.

C. Home occupation signs as defined in Article II and in
compliance with Article IV of this Ordinance.

D. Churches.

E.- Bed and Breakfast Houses.

F. Swimming Pools not in conformity with Section III-2.2.D.

G. Cemeteries.

111-2.4 Area Regulations. The minimum lot area required for a
permitted use in the 11R-1511 district is 15,000 square feet.

111-2.5 Setback Regulations. Structures shall be located thirty-
five (35) feet or more from any street right-of-way which is fifty
(50) feet or greater in width, or sixty (60) feet or more from the
center of any street right-of-way less than fifty (50) feet in
width; however, no building need be set back more than the average
of the setbacks of the two adjacent structures on either side. A
vacant lot fifty (50) feet or more in width may be assumed to be
occupied by a building having a minimum setback. This shall be
known as the "setback line." on corner lots, the structures shall
be set back thirty (35) feet from both streets.

111-2.6 Frontage Recrulations. The minimum lot width measured along
a street at the setback line shall be fifty (50) feet or more.

111-2.7 Yard Regulations.

Side: The minimum side yard shall be fifteen (15) feet or more.
A one story accessory building shall have a side yard of
three (3) feet or more and any accessory building over 1
story in height shall be ten (10) feet or more from any
lot line, except that any satellite dish shall be five
(5) feet or more from any lot line.

Parksley Zoning Ordinance - Adopted April 10, 1995

Rear: Each main building shall have a rear yard of thirty-five
(35) feet or more - Any satellite dish shall be placed in
a rear yard only. A one story accessory building shall
have a rear yard of three (3) f eet or more and each
accessory building over 1 story shall be ten (10) feet or
more from any lot line.

111-2.8 Heicrht Recrulations. Buildings may be erected up to 35 feet
and two and one-half (2 1/2) stories in height except that:

A. Public utility structures, church spires, belfries, cupolas,
monuments, water towers, chimneys, flues, flag poles,
residential. television antennae and residential radio aerials
are exempt. Parapet walls may be up to 4 f eet above the
height of the building on which the walls rest.

B. Accessory buildings and satellite dishes shall be limited to
two (2) stories or twenty-five feet in height.

111-2.9 Fencincr RecTulations. Fences may be erected upon the
obtaining of a zoning permit, subject to all other requirements of
this ordinance.

A. Fences'may be erected up to ten (10) feet in height.

B. Fences may be placed on the property line upon agreement
between adjacent property owners; otherwise fencing shall be
setback one (1) foot from the property line.

C. Type of construction and materials for fencing shall be
subject to approval by the zoning administrator.

111-2.10 Access.. Each dwelling unit shall front on a dedicated
public street or a f if teen (15) foot minimum width access easement.

Parksley Zoning Ordinance - Adopted April 10, 1995

111-3 Residential Mixed District, R-M

111-3.1 Statement of Intent. This district is intended to provide
quiet, medium- and higher-density residential areas plus open areas
where residential development is recommended to occur by the Town
of Parksley Town Plan. The regulations for this district are
designed to stabilize and protect the essential characteristics of
a residential district and to promote and encourage a suitable
environment for family life where there are children while allowing
for a variety of housing opportunities and flexibility in design.
This area is represented as R-M on the Zoning Map on page 18 of the
Town of Parksley, Virginia, Zoning Ordinance and as Residential on
the Future Land Use Map in the Parksley Town Plan.

111-3.2 Principal Permitted Uses and Structures. The following
uses shall be permitted subject to all the other requirements of
this ordinance as a matter of right in Residential Mixed District
(R-M).

A. Single-Family Dwellings.

B. Two-Family Dwellings.

C. Multi-Family Dwellings.

D. Apartment Houses and Boarding Houses.

E. Tourist Homes.

F. Bed and Breakfast Houses.

G. Schools.

H. Churches.

I. Libraries.

J. Rest or Convalescent Homes.

K. Nursing Homes.

L. Clubs and Lodges.

M. Parks and Playgrounds.

N. ,.4,ccessory Buildings, including Satellite Dishes.

0. Home Occupations as defined in Section 11-36 of this
Ordinance.

P. Public Utilities: signs, poles, distribution lines,

Parksley Zoning Ordinance - Adopted April 10, 1995

distribution transformers, Qipes, meters, and other facilities
necessary for the provision and maintenance of public
utilities, including water and sewerage facilities.

Q. Home occupation signs as defined in Article II and in
compliance with Article IV of this Ordinance.

R. Home identification signs as defined in Article II and in.
compliance with Article IV of this Ordinance.

S. Identification signs as defined in Article II and in,
compliance with Article IV of this Ordinance.

T. Real estate signs as defined in Article II and in compliance!
with Article IV of this Ordinance.

U. Temporary signs as defined in Article II and in compliance!
with Article IV of this Ordinance.

111-3.4 Area Regulations.

A. For lots containing or intended to contain a single-family,
dwelling not served by public water and sewerage systems, the!
minimum lot area shall be 15,000 square feet.

B. For lots containing or intended to contain dwellings for two
or more families not served by public water and sewerage, the
minimum lot area is 15,000 square feet plus 1,000 square feet:
for each additional dwelling unit above one. The
administrator may require a greater area if considered
necessary by the health official-

111-3.5 Setback Recrulations. Structures shall be located thirty-
five (35) feet or more from any street right-of-way which is fifty
(50) feet or greater in width, or sixty (60) feet or more from the
center of any street right-of-way less than fifty (50) feet in
width; however no building need be set back more than the average
of the setbacks of the two adjacent structures on either side. A
vacant lot fifty (50) feet or more in width may be assumed to be
occupied by a building having a minimum setback. This shall be
known as the "setback line." On corner lots, the structures shall.
be set back thirty (35) feet from both streets.

111-3.6 FrontacTp Regulations. The minimum lot width measured along
a street at the setback line shall be fifty (50) feet or more, and
for each additional dwelling unit or permitted use there shall be
at least ten (10) feet of additional lot width at the setback line.

111-3.7 Yard RecTulations.

Side: The minimum side yard shall be fifteen (15) feet or more.

Parksley Zoning ordinance - Adopted April 10, 1995

A one story accessory building shall have a side yard of
three (3) feet or more and any accessory building over 1
story in height shall be ten (10) feet or more from any
lot line, except that any satellite dish shall be five
(5) feet or more from any lot line.

Rear: Each main building shall have a rear yard of twenty-five
(25) feet or more. Any satellite dish shall be placed in
a rear yard only. A one story accessory building shall
have a rear yard of three (3) f eet or more and each
accessory building over 1 story shall be ten (10) feet or
more from any lot line.

111-3.8 Height Recrulations. Buildings may be erected up to 35 feet
and two and one-half (2 1/2) stories in height except that:

A. Public utility structures, church spires, belfries, cupolas,
monuments, water towers, chimneys, flues, flag poles,
residential television antennae and residential radio aerials
are exempt. Parapet walls may be up to 4 feet above the
height of the building on which the walls rest.

B. Accessory buildings shall be limited to two (2) stories in
height.

C. The height limit for structures may be increased up to forty-
five (45) feet and up to three (3) stories provided each side
yard is ten (10) feet, plus one (1) foot of side yard for each
additional foot: of building height over thirty-five (35) feet.

D. A public or semipublic building such as a school, church,
library, or hospital may be erected to a height of sixty (60)
feet from grade provided that required front, side, and rear
yards shall be increased one (1) loot for each foot in height
over thirty-five (35) feet.

111-3.9 Access. Each dwelling unit shall front on a dedicated
public street or a f if teen (15) foot minimum width access easement.

Parksley Zoning Ordinance - Adopted April 10, 1995

-111-4 Commercial-General District, C-Q

111-4.1 Statement of Intent. This district is intended to provide
for the conduct of general business to which the public requires
direct and frequent access. This area is represented as C-G on
page 18 of the Town of Parksley, Virginia, Zoning Ordinance and as
Commercial on the Future Land Use Map in the Parksley Town Plan.

111-4.2 Princival Permitted Uses and Structures. The following
uses shall be permitted by right in Commercial -General District (C-
G).

A. Retail Food Stores.

B. Bakeries.

C. Dry Cleaners.

D. Laundries.

E. Post Offices, County Offices, Town Offices, and other similar
public uses.

F. Barber and Beauty Shops.

G. Theaters and Assembly Halls.

H. Hotels, Motels, and Inns.

I. Professional and Business Offices.

J. Banks and Lending Institutions.

K. Churches.

L. Libraries.

M. Animal Hospital or Clinic.

N. Funeral Homes.

0. Restaurants.

P. Retail Service Stores.

Q. Retail Sales Stores.

R. Service Stations (with major repair under cover).

S. Clubs and 'Lodges.

Parksley Zoning Ordinance - Adopted April 10, 1995

T. Auto Sales and Service.

U. Public Utilities: Signs, poles, distribution lines,
distribution transformers, pipes, meters, and other facilities
necessary for the provision and maintenance of public
utilities, including water and sewage facilities.

V. Virginia ABC Stores.

W. Drainage, Erosion and Flood Control Devices.

X. Residential Apartments above stores.

Y. Accessory Buildings.

Z. Business signs not af fixed to the building in which the
business is conducted shall be permitted only upon the
specific premises where the business is located, provided that
no business shall have more than one (1) sign and said sign
shall not exceed thirty-two (32) square feet in area. Signs
shall not exceed a height of twenty (20) feet above ground
level. Larger or higher signs may be allowed with a special
use permit.

AA. Signs or a combination of letters may be attached to a
building or structure, where business is conducted on the
premises, for the purpose of advertising and displaying the
name, address, and/or a business slogan, of the specific
business conducted therein.

BB. Directional signs, as defined in Article II and in compliance
with Article IV of this Ordinance.

CC. Identification signs not exceeding twelve (12) square feet in
area.

111-4.3 Special Exceptions. The following uses shall be permitted
in Commercial -General District, C-G, subject to all the other
requirements of this ordinance, only upon the obtaining of a
Special Use Permit from the governing body.

A. Public billiard parlors and pool rooms, bowling alleys, dance
halls, and similar forms of public amusement. In approving
any such application, the governing body may establish such
special requirements and regulations for the protection of
adjacent property, set the hours of operation, and make
requirements as they may deem necessary in the public
interest.

B. Grain and Feed Supply.

Parksley Zoning Ordinance - Adopted April 10, 199s

C. Machinery Sales and Service.

D. Wholesale Stores.

E. Warehouses.

F. Truck Storage and Service.

G. Lumber and Building Supply (with storage under cover).

H. Plumbing and Electrical Supply (with storage under cover).

I. multi-family dwellings.

J. Bed and Breakfast Houses.

K. Apartment Houses and Boarding Houses.

L. Tourist Homes.

M. Any other uses not specifically named herein.

111-4.4 Area Recrulations. None, except for permitted uses
utilizing individual sewage disposal systems; the required area for
any such use shall be approved by the health official.

111-4.5 Frontage and Yard Rectulations. None, except for permitted
uses adjoining or adjacent to a residential district, the minimum
side yard or rear yard shall be twenty-five (25) feet, and off-
street parking shall be in accordance with the provisions contained
herein.

111-4.6 Height Recrulations. Buildings may be erected to a height
of 45 feet and three (3) stories, except that:

B. Accessory buildings shall be limited to two (2) stories in
height and any accessory building over one (1) story in height
shall be at least ten (10) feet from any lot line.

111-4.7 Access.. Each main building shall front on a dedicated
public street or a f if teen (15) foot minimum width access easement.

Parksley Zoning Ordinance - Adopted April 10, 1995

111-5 Chesapeake ay Preservation Area Overlay District, CBPA

111-5.1 Puripose and Intent.

A. This Article is enacted to implement the requirements of
Section 10.1-2100 et sea. of the Code of Virginia (The
Chesapeake Bay Preservation Act) as part of the Town of
Parksley Zoning Ordinance. The intent of the Parksley Town
Council and the purpose of the Overlay District is to: (1)
protect existing high quality state waters; (2) restore all
other state waters to a condition or quality that will permit
all reasonable public uses and will support the propagation
and growth of all aquatic life, including game fish, which
might reasonably be expected to inhabit them; (3) safeguard
the clean waters of the Commonwealth from pollution; (4)
prevent any increase in pollution; (5) reduce existing
pollution; and (6) promote water resource conservation in
order to provide for the health, safety, and welfare of the
present and future citizens of the Town of Parksley.

B. This district shall be in addition to and shall overlay all
other zoning districts where they are applied so that any
parcel of land lying in the Chesapeake Bay Preservation Area
Overlay District shall also lie in one or more of the other
zoning districts provided for by the Zoning Ordinance. Unless
otherwise stated in the Overlay District, the review and
approval procedures provided for in the Town of Parksley
Zoning Ordinance Section 111-5.12, Plan of Development
Process; the Accomack County Erosion and Sediment Control
Ordinance; and the Accomack County Building Code, including
all grading permits and building permits, shall be followed in
reviewing and approving development, redevelopment, and uses
governed by this Article.

111-5.2 Authority. This Article is enacted under the authority of
Section 10.1-2100 et secT. (The Chesapeake Bay Preservation Act) and
Section 15.1-489, of the Code of Virginia. Section 15.1-489 states
that zoning ordinances shall be designed to give reasonable
consideration to the preservation of lands significant for the
protection of the natural environment, and that such zoning
ordinances may "also include reasonable provisions, not
inconsistent with applicable state water quality standards, to
protect surface water and groundwater as defined in Section 62.1-
44.85 (8).fv

111-5.3 Conflict with Other Recrulations. In any case where the
requirements of this Article conflict with any other provision of
the Town of Parksley Code, whichever imposes the more stringent
restrictions shall apply.

Parksley Zoning Ordinance - Adopted April 10, 1995

111-5.4 Definitions. The words and terms used in the overlay
District have the meanings which are defined in Article II,
Definitions, of the Town of Parksley Zoning Ordinance, unless the
context clearly indicates otherwise.

111-5.5 Application of CBPA District.

A. The Chesapeake Bay Preservation Area Overlay District shall
apply to all lands identified as CBPAs as designated by the:
Parksley Town Council and as shown on the Town of Parksley
Chesapeake Bay Preservation Area Map. The Chesapeake Bay
Preservation Area Overlay District is composed of a Resource!
Protection Area (RPA) , and a Resource Management Area (RMA) . I
(1) Resource Protection Areas include the following land
categories, the protection of which is necessary to
protect the quality of state waters:

a. 'The tributary stream known as Katy Young Branch;

b. A 100-foot vegetated buffer area located adjacent:
to and on the southern side of Katy Young Branch.

(2) Resource Management Areas are generally composed of the
200 feet of land contiguous to and south of the RPA,
except between Jones and Browne Avenues. Beginning at:
the intersection of Jones Avenue and Gertrude Street, it:
shall run east along the north edge of Gertrude Street to
the east side of Wilson Avenue, turning north along
Wilson Avenue to the south edge of Pine Street, then
running east along the south side of Pine Street to the
west side of Cassatt Avenue, then running south on the
west side of Cassatt Avenue to the north side of an alley
between Gertrude and Callen Streets, then running east
across Patton Avenue and continuing on the north side of
the alley until rejoining the aforementioned 200 foot
line at Browne Avenue.

B. The Town of Parksley Chesapeake Bay Preservation Areas Map on
page 19 of this Ordinance shows the general location of CBPAs
and should be consulted by persons contemplating activities
within the Town of Parksley prior to engaging in a regulated
activity.

111-5.6 Interr.)retation of Resource Protection Area Boundaries.

A. Delineation by the Applicant.

The site-specific boundaries of the Resource Protection Area
shall ordinarily be determined by the applicant in accordance

Parksley Zoning Ordinance - Adopte d April 10, 1995

with Section 111-5.12, Plan of Development Process, of this
Article.

B. Delineation by the Zoning Administrator.

The Zoning Administrator, when requested by an applicant
wishing to construct a single family residence, may perform
the delineation. The Zoning Administrator may use remote
sensing, hydrology, soils, plant species, and other data, and
consult other appropriate resources as needed to perform the
delineation.

C. Where Conflict Arises Over Delineation.

Where the applicant has provided a site-specific delineation
of the RPA, the Zoning Administrator will verify the accuracy
of the boundary delineation. In determining the site-specific
RPA boundary, the Zoning Administrator may render adjustments
to the applicant's boundary delineation, in accordance with
Section 111-5.12, Plan of Development Process, of this
Article. In the event the adjusted boundary delineation is
contested by the applicant, the applicant may seek relief, in
accordance with the provisions of Section III-5.12.D.

111.5.7 Use ReS11lations. Permitted uses, special permit uses,
accessory uses, and special requirements shall be as established by
the underlying zoning district, unless specifically modified by the
requirements set forth herein.

111-5.8 Lot Size. Lot size shall be subject to the requirements
of the underlying zoning district(s), provided that any lot shall
have sufficient area outside the RPA to accommodate an intended
development, in accordance with the performance standards in
Section 111-5.10, Performance Standards, when such development is
not otherwise allowed in the RPA.

111-5.9 Recruired Conditions for Resource Protection Areas.

A. Development in RPAs may be allowed only if it: (i) is water-
dependent; or (ii) constitutes redevelopment. A new or
expanded water-dependent facility may be allowed provided
that:

(1) It does not conflict with the Parksley Town Plan;

(2) It complies with the performance criteria set forth in
Section 111-5.10 of this Article;

(3) Any non-water-dependent component is located outside of
Resource Protection Areas;

Parksley Zoning Ordinance - Adopted April 10, 1995

(4) Access will be provided with the minimum disturbance
necessary. Where possible, a single point of access will
be provided.

B. A water quality impact assessment shall be required for any
proposed development within RPAs and for any development
within RMAs when required by the Zoning Administrator because
of the unique characteristics of the site or intensity of
development, in accordance with the provisions of Section III-
5.11, Water Quality Impact Assessment, of this Article.

C. Redevelopment shall conform to applicable stormwater,
management and erosion and sediment control criteria as set
forth in Section 111-5.10 of this Article.

111-5.10 Performance Standards.

A. Purpose and Intent.

The performance standards establish the means to minimize
erosion and sedimentation potential, reduce land application
of nutrients and toxins, and maximize rainwater infiltration.
Natural ground cover, especially woody vegetation, is most.
effective in holding soil in place and preventing Site
erosion. Indigenous vegetation, with its adaptability to
local conditions without the use of harmful fertilizers or
pesticides, filters stormwater runoff. Minimizing impervious
cover enhances rainwater infiltration and effectively reduces
stormwater runoff potential.

The purpose and intent of these requirements are also to
implement the following objectives: prevent a net increase in
nonpoint source pollution from new development; achieve a 1006
reduction in nonpoint source pollution from redevelopment; and
achieve a 40% reduction in nonpoint source pol .lution f rom
agricultural uses.

B. General Performance Standards for Development and
Redevelopment in Chesapeake Bay Preservation Areas.

(1) All development exceeding 2,500 square feet of land
disturbance shall be subject to a plan of development
process, in accordance with Section 111-5.12, Plan of'
Development Process, of this Article.

(2) Land disturbance shall be limited to the area necessary
to provide for the desired use or development.

a. In accordance with an approved site plan, the
limits of land disturbance, including clearing or
grading shall be strictly defined by the

Parksley Zoning Ordinance - Adopted April 10, 1995

construction footprint. These limits shall be
clearly shown on submitted plans and physically
marked on the development site.

b. Ingress and egress during construction shall be
limited to one access point, unless otherwise
approved by the Zoning Administrator.

(3) Indigenous vegetation shall be preserved to the maximum
extent possible consistent with the use and development
permitted and in accordance with the Virginia Erosion and
Sediment Control Handbook.

a. Existing trees over six (6) inches diameter at
breast height (DBH) shall be preserved outside the
construction footprint. Diseased trees, trees that
create a danger to the structure, or trees weakened
by age, storm, fire, or other injury may be
removed.

b. Clearing shall be allowed only to provide necessary
access, sight lines and vistas; positive site
drainage; water quality BMPs; and the installation
of utilities, as approved by the Zoning
Administrator.

(4) Land development shall minimize impervious cover to
promote infiltration of stormwater into the ground
consistent with the use or development permitted.

a. Pervious material shall be used for any required
parking area, alley, or other low traffic driveway,
unless otherwise approved by the Zoning
Administrator.

(5) Any land disturbing activity exceeding 2,500 square feet,
including construction of all single-family houses,
septic tanks, and drainfields, shall comply with the
requirements of the Accomack County Erosion and Sediment
Control Ordinance.

(6) All on-site sewage disposal systems not requiring a
Virginia Pollutant Discharge Elimination System (VPDES)
permit shall be pumped out at least once every five
years.

(7) A reserve sewage disposal site with a capacity at least
equal to that of the primary sewage disposal site shall
be provided. This requirement shall not apply to any lot
or parcel recorded prior to October 1, 1989 if such lot
or parcel is not sufficient in capacity to accommodate a

Parksley Zoning Ordinance - Adopted April 10, 1995

reserve sewage disposal site, as determined by the local
Health Department. Building or construction of any
impervious surface shall be prohibited on the area of all
sewage! disposal sites or on an on-site sewage treatment
system which operates under a permit issued by the State
Water Control Board, until the structure is served by
public! sewer.

(8) For any development or redevelopment, stormwater runoff
shall be controlled by the use of best management
practices that achieve the following:

a. For development, the post-development nonpoint
source pollution runoff load shall not exceed the
pre-development load, based on the calculated
average land cover condition for Virginia's
Chesapeake Bay watershed (0.45 pounds of
phosphorous per acre per year) or as calculated by
the Eastern Shore Soil and water Conservation
District for the Town of Parksley, whichever is
greater;

b. For sites within isolated redevelopment sites, the
nonpoint source pollution load shall be reduced by
at least 10 percent. The Zoning Administrator may
waive or modify this requirement for redevelopment
sites that originally incorporated best management
practices for stormwater runoff quality control,
but in no case may the post -development nonpoint
source pollution runoff load exceed the pre-
development load-

C. For redevelopment, both the pre- and post-
development loadings shall be calculated by the
same procedures. However, where the design data is
available, the original post -development nonpoint
source pollution loadings can be substituted for
the existing development loadings.

(9) Prior to initiating grading or other on-site activities
on any portion of a lot or parcel, all wetlands permits
required by federal, state, and local laws and,
regulations shall be obtained and evidence of such,
submitted to the Zoning Administrator, in accordance with
Section 111-5.12, Plan of Development Process, of this
Article.

(10) Land in CBPAs upon which agricultural activities are:
being conducted shall have a soil and water quality
conservation plan. Such plan shall be based upon the
Field Office Technical Guide of the U.S. Department of

Parksley Zoning Ordinance - Adopted April 10, 1995

Agriculture Soil Conservation Service and accomplish
water quality protection consistent with this ordinance.
Such a plan shall be approved by the local Soil and Water
Conservation District by January 1, 1996.

C. Buffer Area Requirements.

To minimize the adverse effects of human activities on the
other components of Resource Protection Areas, state waters,
and aquatic life, a 100-foot buffer area of vegetation that is
effective in retarding runoff, preventing erosion, and
filtering nonpoint source pollution from runoff shall be
retained if pr esent and established where it does not exist.

The buffer area shall be located adjacent to and landward of
other RPA components and along both sides of any tributary
stream. Generally, the buffer area shall be measured 1001
landward from that point where there is a distinct change from
predominantly wetland vegetation to non-wetland vegetation.
The full buffer area shall be designated as the landward
component of the RPA.

The 100-foot buffer area shall be deemed to achieve a 75
P
ercent reduction of sediments and a 40 percent reduction of
nutrients. A combination of a buffer area not less than 50
feet in width and appropriate best management practices
located landward of the buffer area which collectively achieve
water quality protection, pollutant removal, and water
resource conservation at least the equivalent of the full 100-
foot buffer area may be employed in lieu of the 100-foot
buffer if approved by the Zoning Administrator after
consideration of the Water Quality Impact Assessment, in
accordance with Section 111-5.11 of this Article.

The buffer area shall be maintained to meet the following
additional performance standards:

(1) In order to maintain the functional value of the buffer
area, indigenous vegetation may be removed only to
provide for reasonable sight lines, access paths, general
woodlot management, and best management practices, as
follows:

a. Trees may be pruned or removed as necessary to
provide for sight lines and vistas, provided that
where removed, they shall be replaced with other
vegetation that is equally effective in retarding
runoff, preventing erosion, and filtering nonpoint
source pollution from runoff.

b. Any path shall be constructed and surfaced so as to

Parksley Zoning Ordinance - Adopted April 10, 1995

effectively control erosion-

C. Dead, diseased, or dying trees or shrubbery may be
removed at the discretion of the landowner, and
silvicultural thinning may be conducted based upon
the best available technical information, which can
be obtained from the local State Forester and
County Extension Office.

d. For shoreline erosion control projects, trees and
woody vegetation may be removed, necessary control
techniques employed, and appropriate vegetation
established to protect or stabilize the shoreline
in accordance with the best available technical
advice and applicable permit conditions or
requirements.

(2) When the application of the buffer areas would result in
the loss of a buildable area on a lot or parcel recorded
prior to October 1, 1989, the Zoning Administrator may
modify the buffer area in accordance with the following
criteria:

a. Modifications to the buffer areas shall be the
minimum necessary to achieve a reasonable buildable
area for a principal structure and necessary
utilities;

b. Where possible, an area equal to the area
encroaching the buffer area shall be established.
elsewhere on the lot or parcel in a way to maximize
water quality protection; and

C. -In no case shall the reduced portion of the buffer
area be less than 50 feet in width' without an
exception pursuant to Section 111-5.15.

(3) On agricultural lands within the RPA the agricultural
buffer area shall be managed to prevent concentrated.
f lows of surf ace water f rom, breaching the buf f er area and.
noxious weeds f rom invading the buf f er area. The
agricultural buffer area may be reduced as follows:

a. To a minimum width of 50 feet when the adjacent
land is implementing a federal, state, or locally-
funded agricultural best management practices
program, provided that the combination of the!
reduced buffer area and the best management
practices achieve water quality protection,
pollutant removal, and water resource conservation.
at least the equivalent of the 100 foot buffer

Parksley Zoning Ordinance - Adopted April 10, 1995

area;

b. To a minimum width of 25 feet when a soil and water
quality conservation plan, as approved by the local
Soil and Water Conservation District, has been
implemented on the adjacent land. Such plan shall
be based upon the Field Office Technical Guide of
the U.S. Department of Agriculture Soil
Conservation Service and accomplish water quality
protection consistent with this Article.

C. The buffer area is not required for agricultural
drainage ditches within designated RPAs if the
adjacent agricultural land has in place best
management practices in accordance with a
conservation plan approved by the local Soil and
Water Conservation District.

111-5.11 Water Ouality Impact Assessment

A. Purpose and Intent.

The purpose of the water quality impact assessment is to
identify the impacts of proposed development on water quality
and lands within Resource Protection Areas; ensure that, where
development does take place within Resource Protection Areas,
it will be located on those portions of a site and in a manner
that will be least disruptive to the natural functions of
Resource Protection Areas; and specify mitigation which will
address water quality protection.

B. Water Quality Impact Assessment Required.

A water quality impact assessment, to be submitted during the
plot plan, site plan and/or subdivision review Iprocess, is
required for:

(1) Any proposed development within a Resource Protection
Area, including any buffer area modification or reduction
as provided for in Section III-5.10.C of this Article.

(2) Any proposed development in the RMA if deemed necessary
by the Zoning Administrator due to unique characteristics
of the site or intensity of the proposed development.

C. Contents of a Water Quality Impact Assessment.

The water quality impact assessment shall be of sufficient
specificity to demonstrate compliance with this Article. The
information required in this section shall be considered a
minimum, unless the Zoning Administrator determines that some

Parksley Zoning Ordinance - Adopted April 10, 1995

of the elentents are unnecessary due to the nature and scope of
the proposed use and development of land. The impact
statement shall be prepared by qualified persons acting within.
the limits of their professional expertise and license, and
shall include the following:

(1) Location of the components of the RPA, including the one
hundred (100) foot RPA buffer.

(2) Location and nature of any proposed encroachments into
the IZPA buffer area including the type of pavincf
material; areas of clearing or grading; and the location
of any structures, driveways and other impervious cover.

(3) Type and location of proposed best management practices
to mitigate the proposed encroachment.

(4) Calculation of pre- and post-development pollutant:
loading in accordance with Section III-5.10.B(7).

(5) Identification and status of any required wetlands
permits from federal, state or local agencies.

(6) An erosion and sediment control plan in accordance with
the requirements of Accomack County's Erosion and
Sediment Control Ordinance.

D. Evaluation Procedure.

(1) The Zoning Administrator may request review of the water
quality impact assessment by the Chesapeake Bay Local
Assistance Department (CBLAD). Any comments by CBLAD
will be considered by the Zoning Administrator provided
that such comments are provided by CBLAD within thirty
(30) days of the request.

(2) Upon the completed review of a water quality impact
assessment, the Zoning Administrator will determine if
any proposed modification or reduction to the buffer area
is consistent with the purpose and intent of this Article
or if' the proposed development is consistent with the
purpose and intent of this Article. The Zoning
Administrator will make a finding based on the following
criteria in conjunction with Sec. 111-5.12:

a. The necessity of the proposed encroachment into the
buffer area and the ability to place improvements
elsewhere on the site to avoid disturbance of the
buffer area;

b. Within any RPA, the proposed development is water-

Parksley Zoning Ordinance - Adopted April 10, 1995

dependent;

C. The disturbance of wetlands will be minimized;

d. Impervious surface is minimized;

e. The development, as proposed, meets the purpose and
intent of this Article;

f. Proposed erosion and sediment control devices are
adequate to achieve the reductions in runoff and
prevent off-site sedimentation;

g. Proposed best management practices, where required,
or proposed stormwater management facilities and
practices are adequate to control the stormwater
runoff to achieve the required standard for
pollutant control;

h. The development will not result in unnecessary
destruction of plant materials on site;

i. The cumulative impact of the proposed development,
when considered in relation to other development in
the vicinity, both existing and proposed, will not
result in a significant degradation of water
quality.

111-5.12 Plan of Development Process. Any development exceeding
2,500 square feet of land disturbance shall be accomplished through
a plan of development process prior to any clearing or grading of
a site or the issuance of any building permit, to assure compliance
with all applicable requirements of this Ordinance. The plan of
development process shall generally be satisfied by the approval of
a site plan, or a plot plan in accordance with the provisions in
III-5.12.A and any additional plans or studies as required by the
Administrator.

A. Plot Plans. One copy of a plot plan drawn to scale f or
individual single-family dwellings or accessory structures for
single-family residences or for commercial development which
results in a land disturbance less than 10, 000 square feet and
which will result in an area of impervious surface of less
than 16 percent. of any lot or parcel, shall be submitted to
the designated authority for review and approval. Any
encroachment into an RPA shall require an applicant to prepare
a site plan as outlined in � III-5.12.B below, including the
submission of a water quality impact assessment in accordance
with Article 111-5.11 of this Article.

Parksley Zoning Ordinance - Adopted April 10, 1995

B. Recruired Inf ormation. At a minimum, the plot plan shall be!
drawn to scale and contain the following information:

(1) A boundary survey of the site drawn to scale or site
drawing showing the north arrow and property line
boundaries and distances.

(2) Area of the lot/parcel.

(3) Location, dimensions, and use of proposed and existing
structures including marine and temporary structures. In
the case of temporary structures, the date when the
structures will be removed must be indicated.

(4) Location of all building restriction lines, setbacks,
easements, covenant restrictions, and rights-of-way.

(5) Dimensions and location of all existing driveways,
parking areas, or other impervious surfaces.

(6) Location of all existing and proposed septic tanks and
drainfield areas including reserve areas required
according to � III-5.10.B(6) and the location of all
existing and proposed wells.

(7) Limits of clearing and grading.

(8) Specifications for the protection of existing trees and
vegetation during clearing, grading, and all phases of
construction.

(9) Location of Resource Protection Area (RPA) boundary, as
specified in � 111-5.6 of this Article, including any
required buffer areas.

(10) Location of all erosion and sediment control devices.

(11) Amount of impervious surface proposed for the site.

C. Site Plan. A site plan for any proposed development which
will result in 10,000 square feet of land disturbance or
greater, or any industrial development proposal shall be
submitted to the designated authority for review and approval.
Any encroachment into an RPA shall require an applicant to
submit a water quality impact assessment in accordance with
Section 111-5.11 of this Article.

D. RecTuired Information. The applicant shall submit six (6)
prints at a scale of one hundred (100) feet to the inch of the
site plan to the designated authority. At a minimum, the site
plan shall contain the information required for a plot plan

Parksley Zoning Ordinance - Adopted April 10, 1995

above and the following additional information:

(1) The proposed title of the project and the names and
addresses of the professional(s) preparing the plan, the
owner or owners of record, and the applicant, if
different, and a signature panel for the designated
authority's approval.

(2) Site boundaries, north arrow, scale, the present zoning
and current use of the property and all contiguous or
abutting parcels.

(3) Existing topography with a maximum contour interval of
two (2) feet.

(4) All wetlands permits required by law.

(5) Limits of existing floodplains.

(6) Existing natural land features, trees, water features and
all proposed changes to these features shall be indicated
on the site plan, including the location of all wooded
areas before development, the proposed limits of clearing
and all trees to be preserved in accordance with Section
III-5.10.B(2) of this Article.

(7) Public sanitary sewer system, public water mains and fire
hydrants.

(8) Slopes, terraces, retaining walls, fencing and screening
within required yards, and any shoreline stabilization
structures.

(9) Plans for collecting and depositing stormwater and method
of treatment of natural and artificial watercourses,
including a delineation of proposed limits of
floodplains, if any, as created or enlarged by the
proposed development.

(10) Stormwater management plan which shows the following:

a. Location and design of all planned stormwater
control devices.

b. Procedures for implementing non-structural
stormwater control practices and techniques.

C. Pre- and post -development nonpoint source pollutant
loadings with supporting documentation of all
utilized coefficients and calculations.

Parksley '21.oning Ordinance - Adopted April 10, 1995

d. For facilities, verification of structural
soundness, including a Professional Engineer or
Class IIIB Surveyor Certification.

e. The plan shall include a guarantee from the
property owner that he or she and subsequent owners
shall be responsible for any necessary maintenance
or repairs.

E. Review by Iministrator. The administrator shall review plot
plans, site plans and subdivision plans for compliance with
all requirements of this Ordinance. Within sixty (60) days of
submission of a plot plan, site plan, or subdivision plan, the
applicant shall be advised in writing, by formal letter or by
legible markings on the plan, of any additional data that may
be required or improvements that need to be made for
compliance with this Ordinance.

F. Denial of Plan, Ampeal of Conditions or Modifications. In the
event the plot plan or site plan is disapproved and
recommended. conditions or modifications are unacceptable to
the applicant, the applicant may appeal such administrative
decision to the Town Council. In granting an appeal, the Town
Council must find such plan in accordance with all applicable
ordinances and include necessary elements to mitigate any
detrimental. impact on water quality and upon adjacent property
and the surrounding area, or such plan meets the purpose and.
intent of this Ordinance. If the Town Council finds that the
applicant I s plan does not meet the above stated criteria, they
shall deny approval of the plan.

111-5.13 Nonconformities. The lawful use of a building or
structure which existed on the effective date of this Article or
which exists at the time of any amendment of this Article, and
which is not in conformity with new provisions of this Overlay
District may be continued in accordance with the following
provisions and the provisions in this Ordinance for Nonconforming
Uses.

A. No change or expansion of use of an existing nonconforming
structure shall be allowed with the exception that the
Administrator may grant an application for existing structures
on lots or parcels to provide for remodeling and alterations
or additions to such nonconforming structures in accordance
with Article VI of this Ordinance, provided that:

(1) The alteration, use, improvement, or minor expansion of
an existing structure does not increase the non-poi , nt
source pollution load or degrade the quality of surface
waters, and encroachment into the buffer area is
minimized.

Parksley Zoning Ordinance - Adopted April 10, 1995

(2) Any development, redevelopment, or land disturbance
exceeding an area of 2,500 square feet complies with all
erosion and sediment control requirements of the Accomack
County Erosion and Sediment Control Ordinance.

B. Unimproved nonconforming lots of record at the time of the
effective date of this Ordinance which are of insufficient
size to meet the minimum requirements of this Ordinance
regarding area, frontage, setbacks, width, depth, side and
rear yards, or Buffer Area requirements may be used as
permitted by the regulations for the underlying district in
which the lot is located, subject to the following:

(1) Lots must comply with all minimum zoning requirements and
other applicable ordinances in ef f ect on the date such
lot was recorded, and

(2) When the application of the full 100-foot buffer area
would result in the loss of buildable area on a lot or
parcel recorded prior to October 1, 1989 the
Administrator may modify the buffer area in accordance
with the following:

a. Reduction of the buffer area shall be the minimum
necessary to achieve a reasonable buildable area
for the principle structure and necessary
utilities; and

b. Where possible, an area equal to the reduction of
the buffer area shall be established elsewhere on
the lot or parcel in a way to maximize water
quality protection; and

C. In any case where a 50-foot buffer area cannot be
maintained, an applicant may request an exception
in accordance with Section 111-5.15 below.

C. An application to alter or expand a nonconforming use shall be
made to and upon f orms furnished by the Administrator and
shall include for the purpose of proper enforcement of this
Article the following information:

(1) Name and address of applicant and property owner.

(2) Legal description of the property and type of proposed
use and development.

(3) A sketch of the dimensions of the lot or parcel, location
of buildings and proposed additions relative to the lot
lines, and boundary of the Resource Protection Area.

Parksl ey Zoning Ordinance - Adopted April-10, 1995

(4) Location and description of any existing private water
supply or sewage system.

D. Approved applications shall become null and void twelve months
from the date issued if no substantial work has commenced.

111-5.14 Exemptions.

A. Exemptions for Utilities, Railroads, and Public Roads.

Construction, installation, operation, and maintenance of
electric, gas, and telephone transmission lines, railroads,
and public roads and their appurtenant structures, including
sidewalks and lighting, in accordance with (i) regulations
promulgated. pursuant to the Erosion and Sediment Control Law
(Section 10.1-560 et seq. of the Code of Virginia) and the
Stormwater Management Act (Section 10.1-603.1 et seq. of the
Code of Virginia), (ii) an erosion and sediment control plan
and a stormwater management plan approved by the Virginia
Department of Conservation and Recreation, or (iii) local
water quality protection criteria at least as stringent as the
above state requirements will be exempt from the Overlay
District requirements. The exemption of public roads is
further conditioned on the following:

(1) Optimization of the road alignment and design, consistent
with other applicable requirements, to prevent or
otherwise minimize (i) encroachment in the Resource
Protection Area and (ii) adverse effects on water
quality;

(2) Public: roads as defined in Section II of this article are
exempt: from Overlay District requirements.

B. Construction, installation, and maintenance of water, sewer,
and local gas lines shall be exempt from the Overlay District
provided that:

(1) To the degree possible, the location of such utilities
and facilities shall be outside RPAs;

(2) No more land shall be disturbed than is necessary to
provide for the desired utility installation;

(3) All construction, installation, and maintenance of such
utilities and facilities shall be in compliance with all
applicable state and federal requirements and permits and
designed and conducted in a manner that protects water
quality; and

Parksley Zoning Ordinance - Adopted April 10, 1995

(4) Any land disturbance exceeding an area of 2, 500 square
feet complies with all Accomack County erosion and
sediment control requirements.

C. Exemptions for Forestry Activities.

Forestry activities are exempt from the requirements of this
Article provided that silvicultural operations adhere to water
quality protection procedures prescribed by the Department of
Forestry in its "Best Management Practices Handbook for
Forestry Operations."

D. Exemptions in Resource Protection Areas.

The following land disturbances in Resource Protection Areas
may be exempted from the Overlay District: (i) water wells;
(ii) passive recreation facilities such as boardwalks, trails,
and pathways; and (iii) historic preservation and
archaeological activities, provided that it is demonstrated to
the satisfaction of the Zoning Administrator that:

(1) Any required permits, except those to which this
exemption specifically applies, shall have been issued;

(2) Sufficient and reasonable proof is submitted that the
intended use will not deteriorate water quality;

(3) The intended use does not conflict with nearby planned or
approved uses; and

(4) Any land disturbance exceeding an area of 2,500 square
feet shall comply with all Accomack County erosion and
sediment control requirements.

111-5.15 Exce tions.

A. A request for an exception to the requirements of this Overlay
District shall be made in writing to the Zoning Administrator.
.It shall identify the impacts of the proposed exception on
water quality.

B. The Zoning Administrator shall review the request for an
exception and the water quality impact assessment if required,
and may grant the exception with such conditions and
safeguards as deemed necessary to further the purpose and
intent of this Article if the Zoning Administrator finds:

(1) Granting the exception will not confer upon the applicant
any special privileges that are denied by this Article to
other property owners in the Overlay District;

Parksley Zoning Ordinance - Adopted April 10, 1995

(2) The exception request is not based upon conditions or
circumstances that are self-created or self-imposed, nor
does the request arise from conditions or circumstances
either permitted or non-conforming that are related to
adjacent parcels;

(3) The exception request is the minimum necessary to afford.
relief;

(4) The exception request will be in harmony with the purpose.
and intent of the Overlay District, and not injurious to
the neighborhood or otherwise detrimental to the public!
welfare; and

(5) Reasonable and appropriate conditions are imposed which
will prevent the exception request from causing a.
degradation of water quality.

C. If the Zoning Administrator cannot make the required findings
or refuses to grant the exception, the Zoning Administrator
shall return the request for an exception and the written
findings and rationale for the decision to the applicant, with
a copy to the Board of Zoning Appeals. The applicant may then
apply to the Board of Zoning Appeals for a variance as
provided in Article IX, Provisions for Appeal.

D. The Board of Zoning Appeals shall consider the findings and
rationale of the Zoning Administrator in determining
consistency with the purpose and intent of this Article.

Parksley Zoning Ordinance - Adopted April 10, 1995

Article IV - Sign Recrulations

IV-1 Statement of PurDose. The following sign regulations are
established to assure compatibility of signs with surrounding land
usage, to enhance the economy of the Town, to protect the public
investment in streets and highways, to promote the safety and
recreational value of public travel, to preserve natural beauty and
to promote the reasonable, orderly and effective display of outdoor
advertising.

IV-2 Advertising Outdoors Regulated. No person except a public
officer or employee in performance of a public duty, shall paste,
post, paint, print, nail, tack, erect, place, maintain, or fasten
any sign, pennant, flags, outdoor advertising signs, billboard, or
notice of any kind, or cause the same to be done, f acing or visible
f rom any public street or public open space, except as provided
herein.

IV-3 Height Re@Mlations. Signs shall not exceed a height of 20
f eet above ground level or the street to which it is oriented,
whichever is higher.

IV-4 General Regulations.

IV-4.1. Except f or authorized traf f ic signs, no sign shall be
erected at the intersection of any streets in such a manner as to
create a traffic hazard by obstructing vision between heights of
two and one-half (2 1/2) and eight (8) feet; or at any location
where it may interfere with, obstruct the view of, or be confused
with any authorized traffic sign.

IV-4.2. No sign will be erected which imitates or resembles any
official traffic sign, signal or device or uses the words "Stop" or
"Danger" prominently displayed or presents or implies*the need or
requirement of stopping or the existence of danger on any highway.

IV-4.3. No sign will be erected which advertises any activities
which are illegal under State or Federal law or regulations in
ef f ect at the location of such sign or at the location of such
activities.

IV-4.4. No sign will be erected which is inconsistent with State
law or the provisions of this ordinance.

IV-4.5. No sign will be erected which involves noise, motion or
rotation of any part of the structure or displays intermittent or
flashing lights, without a Special Use Permit from the governing
body.

Parksley Zoning Ordinance - Adopted April 10, 1995

IV-5 Nonconforming Signs. Any sign lawfully in existence at the
time of the effective date of this ordinance may be maintained
although it does not conform with the provisions of this ordinance.
Such nonconforming signs shall comply in all respects with the
requirements of Article VI relating to nonconforming uses. If such
nonconforming sign is destroyed, demolished, or removed due to any
reason, it shall not be replaced without complying with all
provisions of Article IV.

Parksley Zoning Ordinance - Adopted April 10, 1995

Article V - Off-Street Parking

V-1 Statement of Intent. The schedule below shall control the
provision of parking spaces in the various Town zoning districts.
The purpose of off-street parking provisions is to insure adequate
access to any part of the Town by fire and emergency medical
services, and to promote the economic well-being of the Town by
creating a pleasant shopping climate.

V-2 Parking Space Size.- Parking space size shall be a maximum of
162 square feet with a width of 9 feet and a length of 18 feet and
a minimum of 91 square feet with a width of 7 feet and length of 13
feet. Parking spaces required for the handicapped shall be 200
square feet with a width of 10 feet and a length of 20 feet.

V-3 Schedule of Off-Street Parkincr.

Districts Off-Street Parking Recruirements

R-15 Two (2) parking spaces per dwelling unit.

R-M Two (2) parking spaces per dwelling unit.

C-G When there is no public parking within
3001 of the premises, one (1) parking
space for each two hundred (200) square
feet of gross floor area or fraction
thereof.

V-4 Additional Recruirements. The following situations are
controlled separately from the above district-wide off-street
parking regulations.

V-4.1. For churches, high schools, theaters, general auditoriums,
and other similar places of assembly, at least one (1) parking
space for every five (5) fixed seats provided in said building.

V-4.2. For medical and dental offices, at least ten (10) parking
spaces. Three (3) additional parking spaces shall be furnished for
each doctor or dentist in such offices in excess of three doctors
or dentists.

V-4*3, For fraternal lodges, hunting clubs, golf courses, and
country clubs, at least twenty-five (25) parking spaces shall be
provided. Additional oarking may be required by the Zoning
Administrator.

V-4.4. Forpost offices at least one (1) for each fifty (50) box
holders but not less than ten (10) spaces.

Parksley Zoning Ordinance - Adopted April 10, 1995

V-4.5. For restaurants at least one (1) parking space per table or
booth plus six (6) for employees.

V-5 RecTuirements for HandicayDed Access.

Total Parking Spaces in Lot Accessible Spaces
2 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 201 of total

Parking spaces for handicapped persons shall have a minimum
dimension of twelve by twenty feet and shall be clearly marked
"Handicapped Parking Only."

Parksley Zoning Ordinance - Adopted April 10, 1995

Article VI - Nonconforming Lots

VI-1 Statement of Intent. Unimproved nonconforming lots of record
at the time of the effective date of this Ordinance which are of
insufficient size to meet the minimum requirements of this
ordinance regarding area, frontage, setbacks, width, depth, side
and rear yard requirements may be used as permitted by this Article
or the regulations for the underlying district in which the lot is
located, subject to certain conditions.

VI-2. Lots must comply with all minimum zoning requirements and
other applicable ordinances in effect on the date such lot is
located.

VI-3. The use of such nonconforming lots shall be subject to the
requirements of the Board of Zoning Appeals as to setbacks, side
yards and rear yards for same, and other provisions of this
ordinance pertaining thereto.

VI-4 Procedure.

VI-4.1. An application for a permit for the use of a nonconforming
lot shall be made to the Board of Zoning Appeals through the zoning
Administrator, which application shall contain information as
follows:

A. Name and address of applicant and property owner

B. Legal description of the property and a copy of the plat of
survey thereof, showing date of recordation, if any

C. Type of use proposed for the property

D. A sketch of the lot showing dimensions thereof and proposed
location of structures thereon, in relation to streets, lot
lines, Chesapeake Bay Preservation Areas (if applicable),
structures on adjoining properties, and the location of
proposed water supply and septic system the lot and the
location of such systems on adjoining lots.

VI-4.2. The Board of Zoning Appeals shall consider the application
as it would an application for a variance, and after holding a
public hearing following due advertisement thereof, the Board may
grant the right to use said lot subject to reasonable requirements
imposed by it relative to setback, sideyard, rear yard, and other
provisions of this ordinance pertaining thereto.

Parksley Zoning ordinance - Adopted April 10, 1995

Article VII - Nonconforming Uses

VII-1 Continuation.

VII-1.1. If at the time of enactment of this ordinance, any legal
activity is being pursued, or any lot or structure is being legally
utilized in a manner or for a purpose which does not conform to the
provisions of this ordinance, such manner of use or purpose may be
continued as herein provided.

VII-1.2. If any change in title of possession or renewal of a
lease of any such lot or structure occurs, the use existing may be
continued.

VII-1.3. If any nonconforming use (structure or activity) is
discontinued for a period exceeding two (2) years after the
enactment of this ordinance, it shall be deemed abandoned and any
subsequent use shall conform to the requirements of this ordinance.

VII-1.4. Temporary seasonal nonconforming uses that have been in
continual operation for a period of two (2) years or more prior to
the effective date of this ordinance are excluded.

VII-1.5. Uses, structures, or activities which were lawful before
this ordinance was passed or amended, but which would be:
prohibited, regulated, or restricted under the terms of this
ordinance or future amendment, may be continued. Any such future:
use, structure, or activity shall conform to the requirements of'
this ordinance or future amendment.

VII-2 Procedure..

VII-2.1. An application for a nonconforming use permit shall be
made to and upon forms furnished by the Zoning Administrator and
shall include for the purpose of proper enforcement of this
Article, the following information:

A. Name and address of applicant and property owner;

B. Legal description of the property and type of proposed use and
development;

C. A sketch of the dimensions of the lot or parcel, location of:
buildings -and proposed additions relative to the lot lines,
and boundary of the Resource Protection Area for any lot or
parcel located within a Chesapeake Bay Preservation Area;

D. Location and description of any existing private water supply
or sewage system.

Parksley Zoning Ordinance - Adopted April 10, 1995

VI I - 2. 2. Upon determining that same is proper, a nonconf orming use
permit shall be issued by the Zoning Administrator.

VII-3 Repairs and Maintenance. On any building devoted in whole or
in part to any nonconforming use, work may be done in any period of
twelve (12) consecutive months on ordinary repairs provided that
the cubic content of the structure as it existed at the time of
passage or amendment of this ordinance shall not be increased.
Nothing in this ordinance shall be deemed to prevent the
strengthening or restoring to safe condition of any structure or
part thereof declared to be unsafe by any official charged with
protecting the public safety, upon order of such official.

VII-4 Expansion or Enlargement.

VII-4.1. A nonconforming structure to be extended or enlarged
shall conform with the provisions of this ordinance.

VII-4.2. A nonconforming activity may be extended throughout any
part of a structure which was arranged or designed for such
activity at the time of enactment of this ordinance.

VII-5 Restoration or Replacement.

VI-5.1. If a nonconforming activity is destroyed or damaged in any
manner, it shall be restored only if such use complies with the
requirements of this ordinance, provided any such restoration is
started within twelve (12) months and completed within twenty-four
(24) months from the date of damage or destruction.

VII-5.2. If a nonconforming structure is destroyed or damaged in
any manner, it shall be restored only within the existing
construction footprint. If such a nonconforming structure can be
made conforming during reconstruction, then it shall comply with
the requirements of this ordinance.

VII-5.3. When a conforming or nonconforming structure, regardless
of use, is damaged to any extent, either may be repaired or
restored, provided any such repair or restoration is started within
twelve (12) months and completed within eighteen (18) months from
the date of damage or destruction.

VII-6 Procedure.

VI I - 6. 1. Prior to commencement of any repairs or maintenance under
Section VII-3, expansion or enlargement under VII-4, or restoration
or replacement under VII-5, an application for a permit for same
shall be made to the Zoning Administrator, which application shall
contain the information required in VII-2 of this ordinance.

VII-6.2. Upon determining that the proposed repairs and

Parksley Zoning Ordinance - Adopted April 10, 1995

maintenance, and/or expansion and enlargement, and/or restoration
or replacement is in accordance with the provisions of this
ordinance, the Zoning Administrator shall issue a permit for same.

Parksley Zoning Ordinance - Adopted April 10, 1995

Article VIII Administration and Enforcement

VIII-1 Zoning Administrator. This ordinance shall be administered
by the Zoning Administrator who shall be appointed by the Town
Council and shall be assisted by such other persons as the Town
Council may direct. The Zoning Administrator shall have all
necessary authority to administer and enforce the provisions of
this ordinance.

The Zoning Administrator is hereby empowered to enter and go upon
any private or public property in the Town for the purpose of
inspecting for compliance with this ordinance and of administration
and enforcement hereof, provided that any and all such entries
shall be in accordance with the general requirements of due process
and nothing herein shall authorize or purport to authorize any
unlawful search or seizure.

VIII-2 Zoning Permits.

VII 1-2.1. Buildings or other structures shall be erected,
constructed, reconstructed, enlarged, or altered only after a
zoning permit has been obtained from the administrator. Fees shall
be charged in accordance with Section VIII-6 of this Article. The
zoning permit shall state that the proposed construction, use, or
other activity is in accord with all provisions of this Zoning
ordinance. The Zoning Administrator may promulgate rules
determining any additional information that may be required to
accompany each application for a permit herein.

VIII-2.2. The Zoning Administrator shall act on any application
received within forty-five (45) days after receiving the
application, unless the property is located in the Chesapeake Bay
Preservation Area. For property located within the Chesapeake Bay
Preservation Area, the Zoning Administrator shall act within ninety
(90) days upon receipt of the application. If formal notice in
writing is given to the applicant, the time for action may be
extended as reasonably necessary.

VIII-3 Certificate of Compliance. Land may be used or occupied and
buildings structurally altered, erected, used or changed in use
only after a certificate of compliance has been issued by the
administrator. Such a permit shall state that the building or the
proposed use, or the use of the land, complies with the provisions
of this ordinance. A similar certificate shall be issued for the
purpose of maintaining, renewing, changing, or extending a
nonconf orming use. A certificate of compliance either for the
whole or a part of a building shall be applied for simultaneously
with the application for a zoning permit. The permit shall be
issued within ten (10) days after the erection or structural
alteration of such building or part has conformed with the

Parksley Zoning Ordinance - Adopted April 10, 1995

provisions of this ordinance.

VIII-4 Recruired Information. Each application for a zoning permit
and a certificate of compliance shall be accompanied by three (3)
copies of a scale drawing. The drawing shall show the size and
shape of the parcel of land on which the proposed building is to be
constructed, the nature of the proposed use of the building 03:
land, and the location of such building or use with respect to the
property lines of said parcel of land and to the right of way Or
any street or highway adjoining said parcel of land. Any other
information which the administrator may deem necessary for
consideration of the application may be required. If the proposed
building or use is in conformity with the provisions of this
ordinance, a permit shall be issued to the applicant by the
administrator. One copy of the drawing shall be returned to the
applicant with the permit.

VIII-5 Violations and Penalties. Any person who violates any
provision of this ordinance or any amendment thereto, or who fails
to.perform. any act required hereunder or does any prohibited act,
shall be guilty of a misdemeanor, and, upon conviction thereof,
shall be punished by a f ine of not more than two hundred f if ty
dollars ($250) or imprisonment in the county jail for not more than
thirty (30) days, or both, for each offense. Each and every day on
which any violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such
hereunder. Any violation of this ordinance is hereby declared to
be a public nuisance per se and shall be enjoined to cease.

VIII-6 Fee Schedule. Fees shall be imposed as follows:

Zoning Ordinance (copy) $ 5.00

Zoning Permit $ 10.00

Certificate of Compliance $ 10.00

Nonconforming Use Permit $ 10.00

Special Use Permit $150.00

Variance $150.00

Rezoning $500.00

Water Quality Impact Assessment Review $150.00

In addition to the foregoing fees, the applicant for any permit,
special use permit, variance, rezoning, or water quality impact
assessment review shall pay all costs of any required notices and
advertisements.. All fees and costs paid shall be non-refundable.

Parksley Zoning Ordinance - Adopted April 10, 1995

Article IX Special Use Permits

IX-1 Statement of Intent. It is recognized in this ordinance that
certain uses are not necessarily incompatible with the uses
traditionally associated with standard zoning districts, if the
proper mitigating conditions are enacted along with the proposed
use. Therefore, such uses have been designated as special uses,
and have been included in Article III. Such uses are allowed in
the associated districts upon the issuance of a Special Use Permit
by the Parksley Town Council.

IX-2 Procedure. An application for a special use permit may be
submitted by the property owner, contract owner, or optionee of the
property affected. Procedures for application and review shall be
as follows:

A. The applicant shall submit an application to the Zoning
Administrator. Such application shall be accompanied by
evidence that the specific criteria set forth in the ordinance
for the special. use requested will be met. Accompanying maps
showing the site of the proposed use may be required.

B. The Zoning Administrator shall review the application, visit
the site, request additional information or review by other
agencies, and formulate and transmit a recommendation to the
Town Council.

C. The Town Council shall hold a public hearing in accordance
with Section 15.1-431 of the Code of Virginia, in order to
receive public comment and to decide upon the Special Use
Permit application. Such public hearing shall be scheduled to
coincide with the regularly scheduled Town Council meeting
that most closely follows the Council's receipt of.the Special
Use Permit application. If the requirement for proper notice
for a public hearing makes such regularly scheduled Town
Council meeting impractical, the public hearing shall be
scheduled for the Town Council meeting one meeting hence from
the meeting most closely following receipt of the application
by the Town Council.

E. If the Town Council requests a recommendation from the
Planning Commission regarding the issuance of the Special Use
Permit, a joint public hearing shall be held. The Planning
Commission recommendation shall be transmitted to the Town
Council by the Town Council's first meeting after the date the
public hearing is held.

IX-3 Conditions and Bonds.. The Town Council may impose conditions,
limitations, or other special requirements as it deems necessary to
protect the public health, safety, and general welfare, such as,

Parksley Zoning Ordinance - Adopted April 10, 1995

but not limited to, the following:

A. Abatement or restriction of noise, smoke, dust, vibration,
odors, wastes, or other elements that may affect surrounding
properties..

B. Establishment of setback, side, front, and rear yard
requirements necessary for orderly expansion and for
preventing traffic congestion.

C. Provision for adequate parking and ingress and egress to
public streets and roads necessary to prevent traffic
congestion.

D. Provision for adjoining property with a buffer or shield from
view of the proposed use and/or structure.

E. Limitation on signage or other structures to be placed upon.
property that may affect surrounding properties.

F. Establishment of a time limit for expiration after which the:
permit shall no longer be valid or shall require renewal.

G. The Town Council may require a bond, in a reasonable amount,
determined by the Council, to be payable to the Zoning
Administrator to insure compliance with the terms and
conditions of any special use permit.

IX-4 Review Standards. The Zoning Administrator and Town Council.
shall consider the following in reviewing a special USE!
application:

A. The proposed use and/or structure is allowed in the district:
in question with a special use permit.

B. The proposed use and/or structure is consistent with the Town
Plan.

C. The proposed use and/or structure will not tend to change the
character and established pattern of development of the
district in which it will be located.

D. The proposed use and/or structure, and accompanying parcel
development, are in harmony with the uses permitted by right'.
in the zoning district and with the intent of the zoning
district regulations and will not adversely affect the use of:
neighboring property or impair the value thereof.

IX-4 Notification to Applicant. After due consideration, the Town
Council shall make a decision and promptly notify the applicant of
its decision in writing, along with a justification for denial Or

Parksley Zoning Ordinance Adopted April 10, 1995

special conditions.

IX-5 Effect of Approval. The issuance of a special use permit
shall authorize the applicant to construct only such structure or
conduct only such uses as are specifically made part of the special
use permit. No deviations, expansion, or other changes whatsoever
shall be made from the term of the special use permit without the
express written consent of the Town Council.

Parksley Zoning ordinance - Adopted April 10, 1995

Article X Provisions for Appeal

X-1 Board of Zonincr Appeals.

X-1.1. A Board of Zoning Appeals, which shall consist of no more
than seven (7) and no less than f ive (5) residents of the Town but
shall always be an odd number, shall be appointed by the Circuit
Court of Accomack County according to the provisions of the Code of
Virginia, Section 15.1-494. Members of the Board may receive such
compensation as may be authorized by the governing body. Members
shall be removable for cause by the appointing authority upon
written charges and after public hearing. Appointments for
vacancies occurring otherwise than by expiration of term shall in
all cases be fox, the unexpired term.

X-1.2. The term of office shall be for five (5) years, except that
original appointments shall be made f or such terms that the term of
one member shall expire each year. Members of the board shall hold
no -other public office in the County or Town except that one may be
a member of the local planning commission.

X-1.3. Any member of the board shall be disqualified to act upon.
a matter bef ore the board with respect to property in which the
member has a legal interest.

X-1.4. The board shall choose annually its own chairman, vice-
chairman, and secretary. The vice-chairman shall act in the
absence of the chairman.

X-2 Powers of the Board of Zoning Appeals. The Board of Zoning
Appeals shall have the following powers and duties:

X-2.1. To hear and decide appeals from any order, requirements,
decision or determination made by an administrative' officer or
Zoning Administrator in the administration or enforcement of this
ordinance.

X-2.2. To authorize upon appeal in specific cases such variances
f rom. the terms of the ordinance as will not be contrary to the
public interest, when, owing to special conditions, a literal
enforcement of the provisions will result in unnecessary hardship;
provided that the spirit of the ordinance shall be observed and
substantial justice done, as follows:

A. When a pro* erty owner can show that his property was acquired
P
in good f aith and where by reason of the exceptional
narrowness, shallowness, size or shape of specific piece of
property at the time of the effective date of the ordinance or
where by reason of exceptional topographic conditions or other
extraordinary situation or condition of such piece of

Parksley Zoning Ordinance - Adopted April 10, 1995

property, or of the use or development of property immediately
adjacent thereto, the strict application of the terms of the
ordinance would effectively prohibit or unreasonably restrict
the use of the Property or where the board is satisfied, upon
the evidence heard by it, that the granting of such variance
will alleviate a clearly demonstrable hardship approaching
confiscation, as distinguished from a special privilege or
convenience sought by the applicant, provided that all
variances shall be in harmony with the intended spirit and
purpose of the ordinance.

No such variance shall be authorized by the board unless it
finds:

(1) That the strict application of the ordinance would
produce undue hardship; and

(2) That such hardship is not shared generally by other
properties in the same zoning district and the same
vicinity; and

(3) That the authorization of such variance will not be of
substantial detriment to adjacent property and that the
character of the district will not be changed by the
granting of the variance.

B. No such variance shall be authorized if the board finds that
the condition or situation of the property concerned or the
intended use of the property is of so general or recurring a
nature as to make reasonably practicable the formulation of a
general regulation to be adopted as an amendment to the
ordinance.

C. In authorizing a variance the board may impose such conditions
regarding the location, character and other features of the
proposed structure for use as it may deem necessary in the
public interest, and may require a guarantee or bond to insure
that the conditions imposed are being and will continue to be
complied with.

X-2.3 Interpretation. The Board of Zoning Appeals shall have the
authority to hear and decide applications for interpretation of the
district map where there is any uncertainty as to the location of
a district boundary. After notice to the owners of the property
affected by any such question, and after public hearing with notice
as required by Section 15.1-431 of the Code of Virginia, the board
may interpret the map in such a way as to carry out the intent and
purpose of the ordinance for the particular section or district in
question. The Board shall not have the power to change
substantially the location of district boundaries as established by
ordinance.

Parksley Zoning Ordinance - Adopted April 10, 1995

X-3 Anplications for Variances. Applications for variances may be
made by any property owner, tenant, governmental official,
department, board or bureau. Such applications shall be made to
the Zoning Administrator in accordance with rules and regulations
adopted by the Board. The application and accompanying maps, plans
or other information shall be transmitted promptly to the secretary
of the Board who shall place the matter on the docket to be acted
upon by the Board. No such variances shall be authorized except
after notice and hearing as required by Section 15.1-431 of the
Code of Virginia. The Zoning Administrator may also transmit a
copy of the application to the Planning Commission which may send
a recommendation. to the Board or appear as a party at the hearing.

X-4 Appeal to the Board of Zoning Appeals. An appeal to the board
may be taken by any person aggrieved or by any officer, department,
board or bureau of the county or municipality affected by any
decision of the Zoning Administrator. Any written notice of a
zoning violation or a written order of the zoning administrator
shall include a statement informing the recipient that he may have
a right to appeal the notice of a zoning violation or a written
order within thirty (30) days, and that the decision shall be final
and unappealable if not appealed within thirty (30) days. The
appeal period shall not commence until such statement is given.
Such appeal shall be taken within thirty (30) days after the
decision appealed from by filing with the Zoning Administrator, and
with the board, a notice of appeal specifying the grounds thereof.
The Zoning Administrator shall forthwith transmit to the board all
the papers constituting the record upon which the action appealed
was taken. An appeal shall stay all proceedings in furtherance of
the action appealed from unless the Zoning Administrator certifies
to the board that by reason of facts stated in the certificate a
stay would in his opinion cause imminent peril to life or property,
in which case proceedings shall not be stayed otherwise, than by a
restraining order granted by the board or by a court of record, on
application and on notice to the Zoning Administrator and for good.
cause shown. No such appeal shall be heard until after notice and.
hearing as required by Section 15.1-431 of the Code of Virginia.

X-4.1. Appeals shall be mailed to the Board of Zoning Appeals c/c,
the Zoning Administrator, and a copy of the appeal mailed to the
secretary of the planning commission. A third copy should be
mailed to the individual official, department or agency concerned,
if any.

X-5 Rules and Recrulations.

X-5.1. The Board of Zoning Appeals shall adopt such rules and
regulations as it may consider necessary.

X-5.2. The meeting of the board shall be held at the call of its;
chairman or at such times as a quorum of the board may determine.

Parksley Zoning Ordinance - Adopted April 10, 1995

X-5.3. The chairman, or, in his absence, the acting chairman, may
administer oaths and,compel the attendance of witnesses.

X-5.4. The board shall keep minutes of its proceedings, showing
the vote of each member upon each question, or if absent or f ailing
to vote, indicating such fact. It shall keep records of its
examination and other official actions, all of which shall be
immediately filed in. the Town Hall and shall be a public record.

X-5.5. All meetings of the board shall be open to the public.

X-5.6. A favorable vote of the majority of the board shall be
necessary to reverse any order, requirement, decision or
determination of any administrative official or to decide in favor
of the applicant on any matter upon which the board is required to
pass.

X-6 Public Hearing. The board shall fix a reasonable time for the
hearing of an application or appeal, give public notice thereof as
well as due notice to the parties in interest and decide the same
within ninety (90) days. In exercising its powers, the Board may
reverse or affirm, wholly or partly, or may modify the order,
requirement, decision, or determination of an administrative
officer, or may decide in favor of the applicant on any matter upon
which it is required to pass under the ordinance or may effect any
variance from the ordinance. The board shall keep minutes of its
proceedings and other official actions which shall be filed in the
Town Hall and shall be public record. The chairman of the board,
or in his absence the acting chairman, may administer oaths and
compel the attendance of witnesses.

X-7 Decision of the Board of Zoning Apneals.

X-7.1. Any person or persons jointly or severally aggrieved by any
decision of the Board of Zoning Appeals, or any taxpayer or any
officer, department, board, or bureau of the county or
municipality, may present to the Circuit Court of the county a
petition specifying the grounds on which aggrieved within thirty
(30) days after the filing of the decision in the Town Hall.

X-7.2. Upon the presentation of such petition, the court shall
allow a writ of certiorari to review the decision of the Board of
Zoning Appeals and shall prescribe therein the time within which a
return thereto must be made and served upon the relator's attorney,
which shall not be less than ten (10) days and may be extended by
the court. The allowance of the writ shall not stay proceedings
upon the decision appealed from, but the court may, on application,
on notice to the Board and on due cause shown, grant a restraining
order.

X-7.4. If, upon the hearing, it shall appear to the court that

Parksley zoning ordinance - Adopted April 10, 1995

testimony is necessary for the proper disposition of the matter it
may take evidence or appoint a commissioner to take such evidence
as it may direct and report the same to the court with his findings
of fact and conclusions of law, which shall constitute a part of
the proceedings upon which the determination of the court shall be
made. The court. may reverse or affirm, wholly or partly, or may
modify the decision brought up for review.

X-7.5. Costs s'hall not be allowed against the Board, unless it
shall appear to the court that it acted in bad faith or with malice
in making the decision from which appealed.

Parksley Zoning Ordinance - Adopted April 10, 1995

Article XI Amendments

XI-2 General Provisions. The regulations, restrictions and
boundaries established in this ordinance may, from time to time, be
amended, supplemented, changed, modified, or repealed by the
governing body, provided:

XI-1.1. The Planning Commission shall hold at least one (1) public
hearing on such proposed amendment af ter notice as required by law,
and may make appropriate changes in the proposed amendment as a
result of such hearing. Upon completion of its work, the
commission shall present the proposed amendment to the governing
body together with its recommendations and appropriate explanatory
materials. Such public hearing may be held jointly with the
governing body at its public hearing.

XI-1.2. Before approving and adopting any amendment, the governing
body shall hold at least one (1) public hearing thereon, pursuant
to public notice as required by law after which the governing body
may make appropriate changes or corrections in the proposed
amendments; provided, however, that no additional land may be zoned
to a-different classification than was contained in the public
notice without an additional public hearing after notice required
by law. An affirmative vote of at least a majority of the members
of the governing body shall be required to amend the zoning
ordinance-

XI-2 Effect of Reveal, Amendments, or Recodification of any Part of
this Ordinance on prior Proceedings, Acts or Offenses. The repeal,
amendment or recodification of any part of this ordinance shall not
affect any act, or offense done or committed, or any penalty
incurred, or any right established, accrued or accruing on or
before the effective date of such repeal, amendment or
recodification, nor enlarge any such right or privilege', except as
specifically provided by such repeal, amendment or recodification.
Neither shall the repeal, amendment or recodification of any part
of this ordinance affect any proceeding, prosecution, suit or
action which may be pending, said prior laws being continued in
full force and effect for those purposes.

@M_ lll@
NOAA COASTAL SERVICES CTR LIBRARY

3 6668 14112784 7