BATH COUNTY

LAND USE REGULATIONS

TABLE OF CONTENTS

PAGE

ARTICLE 1 - AUTHORITY AND ENACTMENT ................................................................ 1

101.00 Authority to Establish Zoning................................................................... 1

102.00 Authority to Establish Subdivision Regulations ...................................... 1
103.00 Enactment .................................................................................................. 4

ARTICLE 2 - PURPOSES OF THE REGULATIONS ........................................................... 5

201.00 Purposes..................................................................................................... 5
202.00 Non-Exclusionary Intent ........................................................................... 6

ARTICLE 3 - DEFINITIONS OF TERMS USED IN THIS ORDINANCE ......................... 7

301.00 General....................................................................................................... 7
302.00 Specific Definitions................................................................................... 7

ARTICLE 4 - ESTABLISHMENT OF DISTRICTS............................................................... 33

401.00 Division of Bath County into Districts ..................................................... 33

402.00 Incorporation of the Zoning Map ............................................................. 33
403.00 Map Amendment....................................................................................... 33
404.00 Replacement of the Official Zoning Map................................................. 33
405.00 Rules for Determining Boundaries ........................................................... 34

ARTICLE 5 - APPLICATION OF ZONING REGULATIONS............................................. 35

501.00 Uses – Administrative Reviews & Permits .............................................. 35

501.01 Permitted Uses .............................................................................. 35
501.02 Conditional Use............................................................................. 35
501.03 Review of Building Permits ......................................................... 35
501.04 Site Plan Review ........................................................................... 35
501.05 Variances ....................................................................................... 35
502.00 Interpretations, Liability & Cooperation .................................................. 35
502.01 Interpretations................................................................................ 35
502.02 Liability ......................................................................................... 36
502.03 Cooperation of other officials and officers .................................. 36
503.00 Buildings.................................................................................................... 36
504.00 Lots and Yards........................................................................................... 37

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 505.00 Gardening .................................................................................................. 37
506.00 Permits Issued Prior to Adoption of Ordinance ....................................... 37
507.00 Payment of Delinquent Real Estate Taxes ............................................... 37

ARTICLE 6 - USES IN DISTRICTS........................................................................................ 38

601.00 Conservation District C-1 ......................................................................... 38

602.00 Agricultural Limited District A-1............................................................. 40
603.00 Agricultural General District A-2............................................................. 43
604.00 Residential Limited District R-1............................................................... 46
605.00 Residential District R-2............................................................................. 47
606.00 Medium Density Residential District R-3................................................ 49
607.00 Residential District R-4............................................................................. 51
608.00 Planned Unit Development District R-5 .................................................. 52
609.00 Convenience Business District B-1 .......................................................... 58
610.00 General Business District B-2................................................................... 60
611.00 Planned Business District B-3 .................................................................. 63
612.00 Light Industrial District M-1..................................................................... 65
613.00 Flood Hazard District FH-1 ...................................................................... 67
614.00 Airport Hazard District AH-1 ................................................................... 68

ARTICLE 7 - USE REGULATIONS ....................................................................................... 69

701.00 Area Regulations ....................................................................................... 69

701.01 Modification of Yard Requirements ............................................ 69
701.02 Special Provisions for Corner Lots .............................................. 69
701.03 Conditional Height Regulation..................................................... 69
702.00 Additional Buildings on a Single Lot ....................................................... 70
702.01 Additional Dwellings.................................................................... 70
702.02 Temporary Buildings .................................................................... 70
702.03 Accessory Buildings ..................................................................... 70
703.00 Off-Street Parking ..................................................................................... 73
703.01 General Requirements................................................................... 73
703.02 Site Requirements ......................................................................... 74
703.03 Parking Space Requirements for All Districts ............................. 74
703.04 Off-street Loading and Unloading Space..................................... 76
704.00 Junkyards and Automobile Graveyards ................................................... 77
704.01 Criteria for the Location of Junkyard or Automobile Graveyds . 77
704.02 Licensed Automobile Graveyards or Junkyards in Existence..... 78
705.00 Home Occupations .................................................................................... 78
705.01 Special Requirements ................................................................... 78
705.02 Expiration and Revocation ........................................................... 79
706.00 Signs........................................................................................................... 79
706.01 Intent.............................................................................................. 79
706.02 General Requirements................................................................... 79
706.03 Permissible Signs in All Districts................................................. 80

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 706.04 Signs as Permitted Uses................................................................ 82
706.05 Signs as Conditional Uses ............................................................ 83
706.06 Signs Prohibited in all Districts .................................................... 83
706.07 Maintenance and Removal of Signs............................................. 84
707.00 Manufactured Homes................................................................................ 84
707.01 Manufactured Home Lot Requirements....................................... 84
707.02 Manufactured Home Park & Setback Requirements .................. 84
707.03 Manufactured Home Accessory Structures
707.04 Manufactured Home Park Application and Site Plan.................. 85
707.05 Manufactured Home Park Design Standards............................... 86
707.06 Manufactured Home Subdivision Requirements......................... 87
708.00 Non-Conforming Lots, Buildings, and Uses............................................ 88
708.01 Lots of Record............................................................................... 88
708.02 Nonconforming Structures ........................................................... 88
708.03 Nonconforming Uses of Land ...................................................... 89
708.04 Nonconforming Uses of Structure................................................ 90
709.00 Special Regulations for Townhouses ....................................................... 91
710.00 Fences ........................................................................................................ 91
711.00 Recreational Vehicles................................................................................ 92
711.01 Occupancy of Recreational Vehicles ........................................... 92
711.02 Space and Density Requirements for Permitted Campgrounds .. 92
711.03 Health & Safety Standards for Permitted Campgrounds............. 93
711.04 Storage of Recreational Vehicles ................................................. 93
711.05 Screening Requirement for Campgrounds/RV Storage Areas.... 93
712.00 Intensive Livestock, Dairy, Poultry Facilities.......................................... 96
712.01 Definitions ..................................................................................... 96
712.02 Acreage Requirements.................................................................. 96
712.03 Setbacks from existing dwellings................................................. 97
712.04 Setbacks from existing livestock, dairy or poultry facilities ....... 97
712.05 Setbacks from property lines and public roads ............................ 98
712.06 Other setbacks ............................................................................... 98
712.07 Certified Plan Required ................................................................ 98
712.08 Livestock, Dairy or Poultry Facility Development Plans............ 98
712.09 Nutrient Management Plan........................................................... 99
713.00 Equine – Residential Zoning Districts...................................................... 100
713.01 Real Estate..................................................................................... 100
713.02 Setback and Fencing ..................................................................... 101
713.03 Quantity ......................................................................................... 101
713.04 Barns and Accessory Structures ................................................... 101
713.05 Use ................................................................................................. 102
713.06 Penalties for Ordinance Infractions.............................................. 102

ARTICLE 8 - ADMINISTRATION ......................................................................................... 102

801.00 Zoning Administrator................................................................................ 103

801.01 Appointment.................................................................................. 103

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 801.02 Powers and Duties Relating to Zoning......................................... 103
801.03 Zoning Administration Process .................................................... 103
802.00 Zoning Permit Procedures......................................................................... 103
802.01 Issuance ......................................................................................... 103
802.02 Application .................................................................................... 104
802.03 Application Procedure .................................................................. 104
802.04 Application Procedures for Conditional Uses.............................. 106
802.05 Application Procedures for Rezoning or Map Amendment........ 108
802.06 Procedures - Proffering - Zoning Dist Reg, & Cond Zoning ...... 109
802.06-1 Intent .......................................................................................... 109
802.06-2 Proffer of Conditions................................................................. 109
802.06-3 Expiration................................................................................... 109
803.00 Board of Zoning Appeals.......................................................................... 109
803.01 Terms of Office ............................................................................. 110
803.02 Public Offices Held....................................................................... 110
803.03 Compensation................................................................................ 110
803.04 Support .......................................................................................... 110
803.05 Vacancies....................................................................................... 110
804.00 Rules of Procedure - Board of Zoning Appeals ....................................... 110
805.00 Powers and Duties of the Board of Zoning Appeals................................ 111
806.00 Application for Variances ......................................................................... 112
806.01 Application .................................................................................... 112
806.02 Posting and Land........................................................................... 112
806.03 Hearing and Action ....................................................................... 113
806.04 Limitation of Hearings.................................................................. 113
806.05 Withdrawal of Application ........................................................... 113
806.06 Fee.................................................................................................. 113
807.00 Procedure for Requesting a Hearing Before ........................................... 114
the Board of Zoning Appeal
808.00 Decision of Board of Zoning Appeals...................................................... 114
ARTICLE 9 - Subdivision Regulations..................................................................................... 116
901.00 Subdivision Requirements ........................................................................ 116
902.00 Statutory Provisions .................................................................................. 116
903.00 Administrator............................................................................................. 117
903.01Administrator ................................................................................. 117
903.02 Duties............................................................................................. 117
903.03 To Consult ..................................................................................... 117
903.04 Additional Authority..................................................................... 117
903.05 Administration of Subdivision...................................................... 117
904.00 Procedures for Making and Recording Plats............................................ 117
904.01 Platting Required........................................................................... 117
904.03 Draw and Certify........................................................................... 120
904.04 Owner’s Statement........................................................................ 120
904.05 Health Official Statement ............................................................. 120
904.06 No One Exempt............................................................................. 120
904.07 Standard Subdivision/Acreage Subdivision................................. 120

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 904.08 Standard Subdivision/Acreage Subdivision................................. 120
904.09 Separation Of One Parcel ............................................................. 120
904.10 Agriculturally Zoned Subdivisions .............................................. 121
904.11 Private Contracts ........................................................................... 121
904.12 Necessary Changes ....................................................................... 121
904.13 Restrictive Covenant to Certain Streets ....................................... 122
905.00 General Regulations .................................................................................. 122
905.01 Access and Streets......................................................................... 122
905.02 Alleys............................................................................................. 122
905.03 Approach Angle ............................................................................ 123
905.04 Block Length................................................................................. 123
905.05 Block Orientation.......................................................................... 123
905.06 Block Width .................................................................................. 123
905.07 Bond............................................................................................... 123
905.08 Building Site.................................................................................. 123
905.09 Business or Industrial Blocks ....................................................... 123
905.10 Corner Lots.................................................................................... 123
905.11 Cul-De-Sacs .................................................................................. 123
905.12 Dead-End Alleys........................................................................... 124
905.13 Easements...................................................................................... 124
905.14 Erosion and Sedimentation Plan Required................................... 124
905.15 Fire Protection............................................................................... 124
905.16 Flood Control and Drainage ......................................................... 124
905.17 Improvements................................................................................ 124
905.18 Land Must Be Suitable ................................................................. 124
905.19 Location Monuments .................................................................... 124
905.20 Lot Corner Monuments................................................................. 125
905.21 Lot Location .................................................................................. 125
905.22 Lot Shape....................................................................................... 125
905.23 Lot Size.......................................................................................... 125
905.24 Monuments Visible for Inspection............................................... 125
905.25 Mutual Responsibility................................................................... 125
905.26 No Reserve Strips.......................................................................... 125
905.27 Part of a Tract................................................................................ 125
905.28 Paving Widths ............................................................................... 125
905.29 Pit Privies....................................................................................... 126
905.30 Plans and Specifications ............................................................... 126
905.31 Private Streets................................................................................ 126
905.32 Private Water and/or Sewer.......................................................... 126
905.33 Public Water.................................................................................. 126
905.34 Relation to Erosion and Sediment Control Laws ........................ 126
905.35 Remnants....................................................................................... 126
905.36 Sanitary Sewers............................................................................. 126
905.37 Separate Ownership ...................................................................... 127
905.38 Septic Tanks .................................................................................. 127
905.39 Service Drives ............................................................................... 127

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 905.40 Site Plan......................................................................................... 127
905.41 Street Alignment and Layout........................................................ 127
905.42 Street Grades ................................................................................. 127
905.43 Street Identification Signs............................................................. 127
905.44 Street Names ................................................................................. 128
905.45 Subdivision Development Incl. as Land Disturbing Activity ..... 128
906.00 Approval of Plats....................................................................................... 128
906.01 Approval Required Before Sale.................................................... 128
906.02 Preliminary Sketch........................................................................ 128
906.03 Preliminary Plat............................................................................. 128
906.04 Procedure for Review of Preliminary Plat ................................... 129
906.05 No Guarantee ................................................................................ 129
906.06 Six Month Limit............................................................................ 130
906.07 Final Plats ...................................................................................... 130
906.08 Consideration of Final Plats.......................................................... 131
906.09 Vacation of Plat............................................................................. 132
907.00 Advertising Clauses................................................................................... 133
908.00 Effectual Clauses....................................................................................... 133

ARTICLE 10 – SITE PLANS ................................................................................................... 134

10.001 Intent .......................................................................................................... 134

10.002 Development or use requiring site development plan.............................. 134
10.003 Submission requirements .......................................................................... 134
10.004 Preparation and submission procedure; items to be shown..................... 135
10.005 Minimum standards and improvements ................................................... 136

ARTICLE 11 - SCHEDULE OF FEES .................................................................................... 140

1101.00 Fees Related to Zoning and Subdivisions ................................................ 140

1102.00 Fees Related to Amendments ................................................................... 140
1103.00 Return of Fees............................................................................................ 140
1104.00 Schedule of Fees........................................................................................ 140

ARTICLE 12 - VIOLATION AND PENALTY ...................................................................... 142

1201.00 Violation .................................................................................................... 142

1202.00 Complaints Regarding Violations............................................................. 142
1203.00 Penalties..................................................................................................... 142

ARTICLE 13 - LEGAL STATUS PROVISIONS ................................................................... 143

1301.00 Conflict with Other Laws.......................................................................... 143

1302.00 Validity ...................................................................................................... 143
1303.00 Repeal ....................................................................................................... 143

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 1304.00 Amendments.............................................................................................. 143
1305.00 Effective Date............................................................................................ 143

Table 1 - Zoning Schedule, Single Structure Uses.................................................................... 71

Table 2 - Bath County Lot Regulations for Manufactured Home Parks
and Subdivisions .................................................................................................................... 72

LIST OF FIGURES

Figure 1 - Zoning Administration Process, Bath County ......................................................... 105

Figure 2 - Administration of Subdivision Regulations, Bath County ...................................... 119

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 ARTICLE 1
AUTHORITY AND ENACTMENT

101.00 AUTHORITY TO ESTABLISH ZONING

Whereas, by act of the General Assembly of Virginia, as recorded in Title 15.2, Chapter 22, Article
7, Sections 15.2-2280 through 15.2-2316, Code of Virginia, 1950, as amended, the Governing Body
of any county or municipality may, by ordinance, classify the territory under its jurisdiction into
districts of such number, shape, and size as it may deem best suited to carry out the purpose of
zoning, and in each district it may regulate the following:

101.01 The use of land, buildings, structures, and other premises for agricultural, business,
industrial, residential, floodplain, and other specific uses.

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

101.03 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 in use.

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

102.00 AUTHORITY TO ESTABLISH SUBDIVISION REGULATIONS

Whereas, by act of the General Assembly of Virginia, as recorded in the Code of Virginia, 1950, as
amended, as Article 7, Sections 15.2-2240 through 15.2-2276, requires the Board of Supervisors of
Bath County, Virginia, hereinafter referred to as the "Governing Body," adopt regulations to assure
the orderly subdivision of land and its development, to provide for the harmonious and economic
development of the County, for the coordination of streets within subdivisions with other existing or
planned streets, for adequate open spaces for traffic, recreation, light, and air, and for the distribution
of population and traffic which will tend to create conditions favorable to health, safety,
convenience, and prosperity including reasonable regulations and provisions that apply to or
provide:

102.01 For size, scale, and other plat details.

102.02 For the coordination of streets within and contiguous to the subdivision with other
existing or planned streets within the general area as to location, widths, grades, and
drainage.

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102.03 For adequate provisions for drainage and flood control and other public purposes,
and for light and air.

102.04 For the extent to which and the manner in which streets shall be graded, graveled, or
otherwise improved and water, storm, sanitary sewer, and other public utilities or
other community facilities are to be installed.

102.05 For the acceptance of dedication for public use of any right-of-way located within
any subdivision which has been constructed or proposed to be constructed within the
subdivision, any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage
system, water line as a part of a public system, or other improvement, financed or to
be financed in whole or part by private funds, only if the owner or developer: (1)
certifies to the Governing Body that the construction costs have been paid to the
person constructing such facilities; or (2) furnishes to the Governing Body a certified
check or cash escrow in the amount of the estimated costs of construction or
personal, corporate, or property bond, with surety satisfactory to the Governing
Body, in an amount sufficient for and conditioned upon, the construction of such
facilities, or a contract for the construction of such facilities and the contractor's
bond, with like surety, in like amount and so conditioned; or (3) furnishes to the
Governing Body a bank or savings and loan association's letter of credit on certain
designated funds satisfactory to the Governing Body as to the bank or savings and
loan association, the amount and the form.

102.06 For monuments of specific types to be installed establishing street and property lines.

102.07 That unless a plat be filed for recordation within six (6) months after final approval
thereof, or such longer period as may be approved by the Governing Body, such
approval shall be withdrawn and the plat marked void and returned to the approving
official.

102.08 For the administration and enforcement of such ordinance, not inconsistent with
provisions contained in this chapter, and specifically for the imposition of reasonable
fees and charges for the review of plats and plans, and for the inspection of facilities
required by any such ordinance to be installed; such fees and charges shall in no
instance exceed an amount commensurate with the services rendered taking into
consideration the time, skill and administrator's expense involved. All such charges
heretofore made are hereby validated.

102.09 For payment by a subdivider or developer of land of his pro rata share of the cost of
providing reasonable and necessary sewerage and drainage facilities, located outside
the property limits of the land owned or controlled by him but necessitated or
required, at least in part, by the construction or improvement of his subdivision or
development; provided, however, that no such payment shall be required until such
time as the Governing Body or a designated department or agency thereof shall have
established a general sewer and drainage improvement program for an area having
related and common sewer and drainage conditions and within which the land owned

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 or controlled by the subdivider or developer is located. Such regulations shall set
forth and establish reasonable standards to determine the proportionate share of total
estimated cost of ultimate sewerage and drainage facilities required to adequately
serve a related and common area, when and if fully developed in accord with the
adopted comprehensive plan, that shall be borne by each subdivider or developer
within the area. Such share shall be limited to the proportion of such total estimated
cost which the increased sewage flow and/or increased volume and velocity of
stormwater runoff to be actually caused by his subdivision or development bears to
total estimated volume and velocity of such sewage and/or runoff from such area in
its fully developed state. Each such payment received shall be expended only for the
construction of those facilities for which the payment was required, and until so
expended, shall be held in an interest-bearing account for the benefit of the
subdivider or developer; provided, however, that in lieu of such payment the
Governing Body may provide for the posting of a personal, corporate, or property
bond, cash escrow or other method of performance guarantee satisfactory to it
conditioned on payment at commencement of such construction.

102.10 For reasonable provisions permitting a single division of a lot or parcel for the
purpose of sale or gift to a member of the immediate family of the property owner,
subject only to any express requirement contained in the Code of Virginia, 1950, as
amended. Only one such division shall be allowed per family member, and shall not
be for the purpose of circumventing this subsection. For the purpose of this
subsection a member of the immediate family is defined as any person who is a
natural or legally defined offspring, spouse, or parent of the owner.

102.11 For the partial or complete release of any bond, escrow, letter of credit, or other
performance guarantee required by the Governing Body under this section within
thirty (30) days after receipt of written notice by the subdivider or developer of
completion of part or all of any facilities required to be constructed hereunder unless
the Governing Body notifies said subdivider or developer in writing of any specified
defects or deficiencies in construction and suggested corrective measures prior to the
expiration of said thirty (30) day period; provided, however, that the Governing
Body shall not be required to release such bond, escrow, letter of credit, or other
performance guarantee in an amount to exceed ninety (90) percent of the actual cost
of the construction for which the bond was taken until such facilities have been
completed and accepted by the Governing Body or State agency. For the purposes of
this subsection, a certificate of partial or final completion of such facilities from a
duly licensed engineer or land surveyor, as defined in the Code of Virginia, 1950, as
amended, Section 54.1-408, or from a department or agency designated by the local
government may be accepted without further inspection of such facilities.

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103.00 ENACTMENT

Therefore, be it ordained by the Governing Body for the purpose of promoting the health, safety, or
general welfare of the public and of further accomplishing the objectives of Title 15.2, Chapter 22 of
the Code of Virginia, 1950, as amended, that the following be adopted as the Land Use Regulations
of Bath County, Virginia, incorporating the Bath County Zoning Ordinance as amended and
Subdivision Ordinance, Bath County, Virginia, as amended.

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 ARTICLE 2
PURPOSES OF THE REGULATIONS

201.00 PURPOSES

The Bath County Planning Commission and Governing Body have undertaken to achieve the
delicate balance between the individual property rights of its citizens and the health, safety, and
general welfare of the public and accomplish the objectives of Section 15.2-2200 by reasonable
restrictions on those property rights. Further, to comply with the provisions of Article 7, Section
15.2-2240, et. seq. the purposes of these regulations are:

201.01 To provide for adequate light, air, convenience of access, and safety from fire, flood,
and other dangers.

201.02 To reduce or prevent congestion in the public streets.

201.03 To facilitate the creation of a convenient, attractive, and harmonious community.

201.04 To expedite the provision of adequate police and fire protection, disaster evacuation,
civil defense, transportation, water, sewerage, flood protection, schools, parks,
forests, playgrounds, recreational facilities, airports, and other public requirements.

201.05 To protect against destruction of, or encroachment upon, historic areas.

201.06 To promote and protect the environmental integrity and vitality of Bath County.

201.07 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.

201.08 To encourage economic development activities that provide desirable employment

and enlarge the tax base.

201.09 To establish certain subdivision standards and procedures to assure the orderly
subdivision of the land and its development for the County of Bath, Virginia.

201.10 The subdivision standards and procedures are part of a long-range plan to guide and
facilitate the orderly and beneficial growth of the community and to promote the
public health, safety, convenience, comfort, prosperity, and general welfare. More
specifically, the purposes of these standards and procedures are to provide a guide
for the change that occurs where land and acreage become urban in character as a
result of development for residential, business, or industrial purposes, to provide
assurance that the purchasers of lots are buying a commodity that is suitable for

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 development and use, and to make possible the provision of public services in a safe,
adequate, and efficient manner.

202.00 NON-EXCLUSIONARY INTENT

It is not the intent of these regulations to exclude any economic, racial, religious, or ethnic group
from enjoyment of residence, land ownership, or tenancy within Bath County, nor is it the intent of
these Land Use Regulations to use public powers in any way to promote the separation within Bath
County of economic, racial, religious, or ethnic groups, except as may be an incidental result of
meeting the purpose outlined in Section 201, herein.

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 ARTICLE 3
DEFINITIONS OF TERMS USED
IN THIS ORDINANCE

301.00 GENERAL

Words and terms set forth below shall have the meanings ascribed to them. The present tense
includes the future tense. The singular number includes the plural and the plural includes the
singular. The masculine gender includes the feminine and neuter genders. The word “person”
includes a firm, corporation, association, organization, trust, or partnership. The word “shall” is
always mandatory. The words “used” or “occupied” as applied to any land or building shall be
construed to include the words “intended, arranged or designed to be used or occupied.” Any word,
term, or phrase used in these Land Use Regulations not defined herein shall have the meaning
ascribed to such word, term or phrase in the most recent edition of Webster’s Unabridged
Dictionary, unless in the opinion of the Zoning Administrator, established customs or practices in
Bath County, Virginia justify a different or additional meaning. For the purpose of these Land Use
Regulations, certain words and terms are herein defined as follows:

302.00 SPECIFIC DEFINITIONS

When used in this Ordinance, the following words and phrases shall have the meaning given in this
Section:

302.01 Abattoir. A commercial slaughter house.

302.02 Access. A means of approach or admission.

302.03 Accessory Use or Building. See Use, Accessory or Building, Accessory.

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

302.05 Administrator, The. The official charged with the enforcement of these Land Use
Regulations. 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.

302.06 Adverse Impact. An impact that creates, imposes, aggravates, or leads to inadequate,
impractical, unsafe, unhealthy conditions on a site, or degrades or damages
environmental or cultural resources on a site proposed for development or on off-site
property or facilities.

302.07 Agriculture. The tilling of the soil, the raising of crops, the practice of horticulture
and forestry, including the keeping of animals and fowl, and including any
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 agricultural industry or business such as fruit packing plants, dairies, or similar use,
not including abattoir.

302.08 Agricultural Processing. Processing operations for agricultural products including

meat preparation; feed mills; dairy processing; timber processing; portable sawmills;
and fruit and vegetable packing, sorting and grading, as an accessory use to an
agriculture, horticulture or animal husbandry use.

302.09 Airport. A place either on land or on water where aircraft may land to discharge or
receive cargo and passengers, make repairs, or take in fuel.

302.10 Airport Hazard. Any structure, tree, or use of land which obstructs the airspace
required for, or is otherwise hazardous to, the flight of aircraft in landing or taking
off at an airport.

302.11 Alley. A platted service way providing a secondary means of access to abutting
properties.

302.12 Alteration. Any change in the total floor area, use, adaptability, or external
appearance of an existing structure.

302.13 Animal or Poultry Husbandry. Any keeping, boarding, breeding, or raising of any
number of horses, goats, sheep, poultry, cattle, pigs, mules, ducks, emus, llama,
alpacas or other customary farm animals for any purpose, or of more than three (3)
dogs and five (5) cats or other customary pet animals for non-commercial purposes.

302.14 Animal Hospital or Clinic. Establishment where treatment of animals is received

and no activity is conducted outside the main building. Kennels are not included.

302.15 Antique Shop. An establishment that sells items such as furniture, household wares
and decorations, and related articles, which have value and significance because of
factors such as age, rarity, historical significance, design, and sentiment.

302.16 Apartment. A unit in a multi-family dwelling providing living quarters for a single
family, in which separate access to the outside is usually not provided, and in which
the major orientation of the unit is horizontal rather than vertical, or any
condominium unit of similar physical character, appearance, and structure.

302.17 Apartment Development. A development containing one (1) or more multi-family

dwellings containing apartments, with accessory parking, open space, recreation and
management facilities, and any other facilities for common use.

302.18 Automobile. A motor vehicle designed and mass produced to carry one (1) or more
passengers on ordinary public roads generally for the convenience of a family and
typically having four (4) or more wheels and an internal-combustion gasoline or

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 diesel engine. The term automotive, as used elsewhere in these regulations, includes
all motorized vehicles.

302.19 Automobile Graveyard. Any lot or place which is exposed to the weather and public
view upon which three (3) or more motor vehicles of any kind, not displaying current
Commonwealth of Virginia inspection certification, are placed, located, or found.

302.20 Automobile, Inoperable. An automobile that meets all of the following criteria:

302.20-1 It is not capable of starting, moving forwards and backwards under its own power,
and braking;

302.20-2 It is not licensed in accordance with Section 46.2, Motor Vehicles, Code of Virginia,
1950, as amended;

302.20-3 It is exposed to the weather and/or public view; and or

302.20-4 The cost of restoration to running condition is the same or more than the value placed
on such automobiles for personal property tax purposes.

302.21 Automobile for Salvage. An automobile that is salvaged within thirty (30) days of
its placement on a parcel of land.

302.22 Automobile Service Station. Any area of land, including structures thereon, used for
the retail sale of gasoline or oil, automobile accessories, and incidental services
including facilities for lubricating, hand washing and cleaning, or otherwise servicing
automobiles, but excluding painting, major repair, or automatic automobile washing.

302.23 Base Flood. The flood having a one percent chance of being equaled or exceeded in
any given year. Also known as the 100-year flood.

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

302.25 Bed and Breakfast. Bed and Breakfast means any establishment providing
overnight accommodations plus breakfast in a private home, which provides guest
rooms to the public, transitory lodging or sleeping accommodations and at least one
meal per day, which may but need not be breakfast, to each person to whom
overnight lodging is provided.

302.26 Board. The Board of Zoning Appeals as established in these Regulations.

302.27 Boarding House (Rooming House). A building or part thereof, other than a hotel,
motel, or restaurant, where meals and/or lodging are provided for compensation for

9
 three (3) to ten (10) unrelated persons where no cooking or dining facilities are
provided in individual rooms and in which the length of stay usually exceeds one (1)
week in duration. A lodging house is also included in this definition.

302.28 Building. Any structure designed or intended for support, enclosure, shelter, or
protection of persons, animals, or property.

302.29 Buildable Area. The area of the lot remaining after required yards have been
provided.

302.30 Building, Accessory. A subordinate building located on the same lot as the main
building, the use of which is incidental and accessory to that of the main building or
use. No such accessory structure shall be used for housekeeping purposes or located
in any required front yard.

302.31 Building Code. The Virginia Uniform Statewide Building Code, as adopted by the
Governing Body and as amended.

302.32 Building Footprint. The area on the ground surface covered by the building.

302.33 Building, Height of. The vertical distance measured from the level of the edge of
the pavement opposite the middle of the front of the structure to the highest point of
the roof if a flat roof, to the deck line of a mansard roof, or to the mean height level
between the eaves and the ridge of a gable, hip, or gambrel roof. For buildings set
back from the road line, the height shall be measured from the average elevation of
the ground surface along the front of the building.

302.34 Building Inspector. The building official appointed by the Governing Body to
administer and enforce the provisions of the Building Code, or his designated
representative or agent.

302.35 Building, Main. A building in which is conducted the main or principal use of the
lot on which said building is situated.

302.36 Campground. Campgrounds shall mean and include, but not be limited to tourist
camps, travel trailer camps, recreation camps, family campgrounds, camping resorts,
camping communities or any other area, place, parcel or tract of land, by whatever
name called, on which three (3) or more campsites are occupied or intended for
occupancy, or facilities are established or maintained, wholly or in part, for the
accommodation of camping units for periods of overnight or longer, whether the use
of the campsites and/or facilities is granted gratuitously by a rental fee, by lease, by
conditional sale or by covenants, restrictions and easements. This definition is not
intended to include summer camps and migrant labor camps as defined in Sections
35-43 and 32-415, Code of Virginia, 1950, as amended, construction camps,
permanent manufactured home parks, or storage areas for unoccupied camping units,
or property upon which the individual owner may choose to camp and not be

10
 prohibited or encumbered by covenants, restrictions and conditions from providing
his sanitary facilities within his property lines.

302.37 Capital Improvements Program (CIP). The Bath County plan for expenditures for
physical facilities of government, such as costs for acquisition of land or interests in
land; construction of buildings or other structures, including additions or major
alterations; construction of highways or utility lines; fixed equipment; landscaping;
and similar expenditures.

302.38 Carport. Any space outside a building and contiguous thereto, wholly or partly
covered by a roof, and used for the shelter of motor vehicles. A carport may have
side enclosures exclusive of required supports and the side of the building to which
the carport is contiguous. It must meet requirements of an accessory building for
purposes of setback requirements.

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

302.40 Cemetery. A place used or intended to be used for the interment of human remains
or pet animal remains and dedicated or designated for that purpose.

302.41 Child Care Center. Any facility other than a family day care home providing care,
protection, and guidance to a group of children during only part of the day.

302.42 Church or House of Worship. A building where persons regularly assemble for
religious worship, and which is maintained and controlled by a religious body
organized to conduct public worship.

302.43 Clerk. The Clerk of the Circuit Court having jurisdiction in Bath County, Virginia.

302.44 Commission, The. The Bath County Planning Commission.

302.45 Common Elements. All portions of a cooperative other than the units.

302.46 Community Center. Community entertainment, recreation, or meeting place, which

may be publicly or privately owned.

302.47 Communications Equipment. Any tower, dish or other equipment used to send or
receive electronic transmissions for public or private use.

302.48 Comprehensive Plan. The official document adopted by the Board of Supervisors,
intended to guide the physical development of theCounty or a portion thereof. Such
plan, including maps, plats, charts, policy statements and/or descriptive material,
shall be adopted in accordance with Section 15.2-2226 of the Code of Virginia.

11
302.49 Conditional Zoning. A rezoning procedure which allows an applicant to voluntarily
propose (proffer) conditions in accordance with Section 802.05 of these Land Use
Regulations that limit or qualify how his/her property may be used.

302.50 Condominium. A dwelling unit in an apartment building or residential development

which is individually owned, but in which the common areas are owned, controlled,
and maintained through an organization consisting of all individual owners.

302.51 Convenience Store. A commercial establishment designed and intended to serve

daily or frequent trade needs of the surrounding population, characterized by the
retail sale of food and other household products, the rapid turnover of customers,
high traffic/trip generation, and having less than five thousand (5,000) square feet of
retail area.

302.52 Conversion Building. A building that at any time before establishment of the
cooperative was occupied wholly or partially by persons other than persons with an
ownership interest in the cooperative organization owning or leasing the cooperative.

302.53 Cooperative. Real estate owned or leased by a cooperative organization.

302.54 Cooperative Interest. A leasehold interest under a proprietary lease coupled with
ownership of an interest in the cooperative organization.

302.55 Cooperative Organization. Any corporation or entity which owns or leases real
estate and disposes of cooperative interests in such real estate.

302.56 Cooperative Unit. A physical portion of the cooperative designed for separate
tenancy.

302.57 Country Inn. A business which offers accommodations and dining in a

predominantly rural area. Overnight accommodations are available, and a full-
service restaurant provides breakfast, lunch and dinner to guests and the general
public.

302.58 Country Store. A retail store usually stocked with a wide variety of merchandise,
the ground floor area of which is five thousand (5,000) square feet or less, which
offers for sale grocery items and gift/souvenir items. Gasoline may also be offered
for sale, but only as a secondary activity.

302.59 Cul-de-Sac. A circular turning area at the end of a dead-end street.

302.60 Cultural Center. Establisments such as art galleries, botanical and zoological
gardens of an historic, educational or cultural interest which are not operated
commercially.

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302.61 Curb Grade. The elevation of the established curb in front of the building measured
at the center of such front, where no curb grade has been established, the Zoning
Administrator shall establish such curb grade.

302.62 Dairy. A commercial establishment for the manufacture and sale of dairy products.

302.63 Dairy Farm. A livestock establishment where the production of milk is its primary
purpose.

302.64 Day Care Facilities. Facilities for the care, protection, and supervision of children or
adults on a regular basis away from their primary residence for less than 24 hours a
day. Accessory uses may include offices, recreation areas and parking.

302.65 Developer. An owner of property being subdivided, whether or not represented by

an agent.

302.66 Development. A tract of land developed or to be developed as a unit under single

ownership or unified control which is to contain three (3) or more residential
dwelling units. The term "development" shall not be construed to include any
property which will be principally devoted to agricultural production.

302.67 District. A section of Bath County within which the zoning regulations are uniform
as referred to in the Code of Virginia, 1950, as amended, Section 15.1-486.

302.68 Driveway. Any private way provided for the principal purpose of providing
vehicular access to an off-street parking area or service in the case of drive-in type
uses.

302.69 Dump Heap (Trash Pile). Any area of one hundred (100) square feet or more lying
within one thousand (1,000) feet of a State highway, a residence, or a food handling
establishment where trash, garbage, or other waste or scrap material is dumped or
deposited without being covered by a sanitary fill.

302.70 Dwelling. Any building or portion thereof which is designed for or used for
residential purposes except hotels, boarding houses, lodging houses, tourist cabins,
and recreational vehicles.

302.71 Dwelling, Existing. For the purpose of Section 712.00 of the Land Use Regulations,
either of the following shall constitute an existing dwelling:

(a) A structure, designed for residential use, which is occupied on the date a
completed application for a livestock, dairy or poultry facility building permit
or other zoning approval is received by the office of the zoning
administrator; or

13
 (b) A structure, designed for residential use, which is not occupied on the date a
completed application is received, but which has been issued a certificate of
occupancy or a building permit prior to the date on which a completed
application for a livestock, dairy, or poultry facility building permit or other
zoning approval is received by the office of the zoning administrator or which
has been occupied for a three (3) year period of time within the five (5) years
immediately preceding the date on which a completed application for a
livestock, dairy, or poultry facility building permit or other zoning approval is
received by the office of the zoning administrator.

302.72 Dwelling, Multi-Family. A building designed for, or occupied exclusively by, three
(3) or more families living independently of each other; the term includes
condominiums of similar physical appearance, character, and structure.

302.73 Dwelling, Single-Family. A building designed for, or occupied exclusively by, one
(1) family.

302.74 Dwelling, Two-Family (Duplex). A building designed for, or occupied exclusively

by, two (2) families living independently of each other.

302.75 Dwelling Unit. One (1) or more rooms in a dwelling designed for living or sleeping
purposes and having at least one (1) kitchen.

302.76 Easement. A grant by a property owner of the use of land for a specific purpose or
purposes by the general public, a corporation, or a certain person or persons.

302.77 Educational Area. Facilities for the education of students, including public and
private schools at the primary, elementary, middle, or high school level, vocational
and technical schools, and colleges. Accessory uses include play areas, cafeterias,
recreational and sport facilities, auditoriums, and before-or after-school day care.

302.78 Engineer. An engineer currently registered by the Commonwealth of Virginia.

302.79 Family. One (1) or more persons occupying a dwelling and living as a single
housekeeping unit, as distinguished from persons occupying a boarding house,
lodging house, or hotel as herein defined. Private household workers employed and
housed on the premises may be considered as included in the family occupying said
premises.

302.80 Family Day Care Home. Any private family home providing care, protection, and
guidance to not more than ten (10) children during only part of the day. Children
related by blood or marriage to the person who maintains the home shall not be
counted.

302.81 Family, Immediate Member of. Any person who is a natural or legally defined
off-spring, spouse, parent, or sibling of the owner.

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302.82 Flood. A general temporary inundation of lands not normally covered by water that
are used or usable by man. Concurrent mudslides shall be deemed to be included in
this definition.

302.83 Flood Hazard Area. The maximum area of the floodplain which is likely to be
flooded once every one hundred (100) years or for which mudslides can be
reasonably anticipated. These areas are defined by the Department of Housing and
Urban Developments Flood Hazard Mapping or Rate Study Mapping as appropriate.

302.84 Flood Insurance Rate Map (FIRM). An official map of a community on which the
Federal Emergency Management Agency (FEMA) has delineated areas in the
floodplain subject to inundation of the base flood and the risk premium zones based
on the technical data in the Flood Insurance Study.

302.85 Flood Insurance Study. The official report provided by the Federal Emergency
Management Agency (FEMA) that includes flood profiles and the water surface
elevation of the base flood.

302.86 Floodplain. An area, usually a relatively flat or low land area adjoining a river,
stream, or water course, which has been in the past, or can be reasonably expected in
the future, to be covered temporarily by a flood.

302.87 Floodplain, 100-year. Any land area susceptible to being inundated by water from
the base flood and having a drainage area greater than one hundred (100) acres.

302.88 Floodplain Alteration. A development action which will change the cross section of
the floodplain and will increase either: 1) the erosive velocity or 2) the height of
floodwaters either on-site or off-site. Alterations include, but are not limited to, land
disturbing activities such as clearing, grading, excavating, transportation, and filling
of land.

302.89 Flood Proofing. A combination of structural provisions, changes, or adjustments to

properties and structures subject to flooding required for new construction in the
floodplain by the Virginia Uniform Statewide Building Code and Reference
Standards, Section 108.1.

302.90 Floodway. The channel of a river or other water course and the adjacent land areas
required to carry and discharge the waters of the one hundred (100) year flood.

302.91 Floor Area. The sum of the gross horizontal areas of the total number of floors of a
building measured from the exterior faces of the exterior walls or from the centerline
of walls separating two (2) buildings, but not including any attic space providing
headroom of less than seven (7) feet, unusable basement or cellar space not used for
retailing, uncovered steps or fire escapes, open porches, accessory water or cooling
towers, accessory off-street parking spaces, and accessory off-street loading berths.

15
302.92 Frontage. The minimum width of a lot measured from one side lot line to the other,
along a straight line on which no point shall be farther away from the street upon
which the lot fronts, or from the front edge of the lot than the building setback line as
defined and required herein.

302.93 Garage, Private. Accessory building designed or used for the storage of vehicles
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 vehicles for each dwelling unit in accordance with minimum
off-street parking requirements.

302.94 Garage, Automotive Repair. A building or portion thereof, other than a private
garage, designed or used for servicing, major repairing, painting, equipping, renting,
selling, or storing motor-driven vehicles.

302.95 Gardening. Any use of land unenclosed except for fencing for the raising of grass,
flowers, vegetables, crops, trees, or other botanical objects of natural growth,
generally for the use and/or consumption by the occupants of the premises, but not
including accessory structures used for the same purpose.

302.96 General Store. A single store, the ground floor area of which is four thousand
(4,000) square feet or less which offers for sale primarily most of the following
articles: bread, milk, cheese, fresh meats and vegetables, canned and bottled foods
and drinks, tobacco products, candy, papers and magazines, and general hardware
articles. Gasoline may also be offered for sale but only as a secondary activity of a
general store.

302.97 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.

302.98 Golf Driving Range. A limited area on which golf players do not walk, but onto
which they drive golf balls from a central driving tee.

302.99 Governing Body. The Board of Supervisors of Bath County, Virginia.

302.100 Group Home. Any facility providing full-time care, maintenance, protection, and
guidance to more than three (3) children separated from their parents or guardians.

302.101 Guest Room. A room which is intended, arranged or designed to be occupied, or

which is occupied, by one (1) or more guests paying direct or indirect compensation
therefore, but in which no provision is made for cooking. Dormitories are excluded.

302.102 Health Department. The Bath County Health Department or its designated agent or
representative (“Health Official”).

16
302.103 Highway Engineer. The Virginia Department of Transportation’s Resident
Engineer for Bath County or his designated representative.

302.104 Historical Area. An area containing buildings or places in which historic events
occurred or having special public value because of notable architectural or other
features relating to the cultural or artistic heritage of the community of such
significance as to warrant conservation and preservation.

302.105 Hog Farm. A farm where swine are raised commercially as the principal farm
enterprise.

302.106 Hog Pen. An enclosure for concentrated confinement or housing of swine. A hog
pen shall be located at least five hundred (500) feet from the nearest residence,
except that of the owner.

302.107 Home for Adults. Any facility other than a Nursing Home, providing part-time or
full-time care to three (3) or more aged, infirm or disabled adults. Persons related by
blood or marriage to the operator of the facility shall not be counted.

302.108 Home Occupation. An accessory use carried on by the occupant of a dwelling in

connection with which there is no display, no one is employed other than immediate
members of the family residing on the premises, and the activities are conducted
within the dwelling or accessory building and which does not change the physical
character of such buildings.

302.109 Hospital. An institution rendering medical, surgical, obstetrical, or convalescent

care, including any institution licensed as a hospital by the State Hospital Board.

302.110 Hospital, Special Care. A special care hospital shall mean an institution rendering
care primarily for mental or feeble-minded patients, epileptics, alcoholics, or drug
addicts.

302.111 Hotel/Motel. A building in which lodging or board and lodging are provided and
offered to the public for compensation and in which cooking facilities may be
provided, or in which lodging facilities are provided primarily for travelers and in
which the length of stay is primarily less than one (1) week in duration. The term
"hotel" includes the term "motel."

302.112 Housing for the Elderly. Housing for the elderly and/or physically handicapped -
multi-family structure containing at least three (3) dwelling units and within which at
least ninety (90) percent of all dwelling units (or all but one [1] dwelling unit of the
number of dwelling units if less than ten [10]) are occupied or designed for
occupancy by:

17
 (a) Families of two (2) or more persons, the head of which (or his or her spouse) is
sixty-two (62) years of age or over or is handicapped;

(b) The surviving member or members of any family described in paragraph (a)
living in a unit within the building with the deceased member of the family at
the time of his or her death;

(c) A single person who is sixty-two (62) years of age or over or a non-elderly
handicapped person between the ages of eighteen (18) and sixty-two (62);

(d) Two (2) or more elderly or handicapped persons living together, or one (1) or
more such persons living with another person who is determined by a licensed
physician's certificate to be essential to their care or well being;

For the purpose of this definition handicapped persons means any adult having an
impairment which is expected to be of long continued and indefinite duration, is a
substantial impediment to his or her ability to live independently, and is of a nature
that such ability could be improved by more suitable housing conditions.

302.113 Industrialized Building Unit. A building assembly or system of building

subassemblies, including the necessary electrical, plumbing, heating, ventilating and
other service systems, manufactured off-site and transported to the point of use for
installation or erection, with or without other specific components, as a finished
building or as a part of a finished building comprising two (2) or more industrialized
building units, and not designed for ready removal to or installation or erection on
another site. Sometimes referred to as a modular building unit.

302.114 Infrastructure. The basic installations and facilities on which new development
depends. The public infrastructure includes roads and water and sewer lines.

302.115 Intensive Facility (hereafter Dairy Facility, Livestock Facility, or Poultry Facility,
as Applicable.) An operation with dairy, livestock, or poultry structures, related
parcels of land, and accessory uses as defined herein (Sections 302.101, 302.130, and
302.200): (1) which operation at any one time has at least one hundred (100) animal
units as referenced in the "Intensive Facility Equivalency Chart" shown below in this
section, with such animals being stabled or confined and being fed or maintained for
a total of forty-five (45) days or more in any twelve (12) month period; and (2) over
any portion of which operation, crops, vegetation, forage growth, or post-harvest
residues are not sustained while such animals are being stabled or confined.

18
 INTENSIVE FACILITY EQUIVALENCY
TYPE OF FACILITY EQUIVALENT OF 100 ANIMAL UNITS

Livestock 100 slaughter and feeder cattle

Livestock 250 swine each weighing over 55 pounds

Livestock 50 horses

Livestock 1,000 sheep or lambs

Dairy 67 mature dairy cattle (whether milked or dry cows)

Poultry 5,500 turkeys

Poultry 10,000 laying hens or broilers

302.116 Junkyard. (Automobile Wrecking Yard). A lot, land, or structure, or part thereof,
used primarily for the collecting, storage, and sale of waste paper, rags, scrap metal,
or discarded material, or for the collecting, dismantling, storage, and salvaging of
machinery or vehicles not in running conditions, or for the sale of salvaged parts
thereof.

302.117 Jurisdiction. The area or territory subject to the legislative control of the Governing
Body.

302.118 Kennel. Any location where breeding, raising, grooming, caring for, or boarding of
dogs, cats, or other similar small animals for commercial purposes is carried on.

302.119 Land Use Plan. The Land Use Plan of Bath County, as amended.

302.120 Light Industry. Includes warehousing and light manufacturing uses which produce
some noise, traffic congestion or danger, but which are of such limited scale or
character that they present no serious hazard to neighboring properties from fire,
smoke, noise, or odors.

302.121 Livestock. Includes all domestic or domesticated: bovine animals, including, but not
limited to cattle; equine animals including, but not limited to horses; ovine animals
including, but not limited to sheep; porcine animals, including, but not limited to
hogs.

302.122 Livestock, Dairy, Poultry Facility, Existing. (Only for the purpose of determining
residential setbacks in the A-1 and A-2 Agricultural Districts under this section.) A
livestock, dairy, or poultry facility which has been in operation for a one (1) year
period of time within the five (5) years immediately preceding the date on which
zoning approval is sought for a dwelling or where zoning approval is not necessary
for such dwelling, the date on which a building permit is sought for such dwelling.

19
302.123 Livestock, Dairy, Poultry Structure. Any building, structure, installation, storage
container, or storage site used in the operations of an intensive livestock, dairy, or
poultry facility, including, but not limited to, feed storage bins, litter storage sites,
incinerators, manure storage sites, poultry houses, poultry disposal pits, and dead
poultry cold storage chests.

302.124 Livestock Market. A commercial establishment wherein livestock is collected for

sale, sold, or auctioned off.

302.125 Livestock Raiser, Dairy Operator, Poultry Grower (hereafter, "Operator"). The
owner or operator of the livestock facility, dairy or poultry facility or the land on
which the livestock, dairy, or poultry facility is located.

302.126 Loading Space. A space within the main building or on the same lot providing for
the standing, loading, or unloading of trucks and other carriers.

302.127 Lot. A numbered and measured portion or parcel of land separated from other
portions or parcels by description in a site plan or a recorded plat, or by metes and
bounds, intended to be a unit for the purpose, whether immediate or future, or
transfer of ownership, or of development or separate use. The term applies to units
of land whether in a subdivision or a development.

302.128 Lot Area. The total horizontal area within the lot lines of a lot. No alley, public
way, public land, or area proposed for future street purposes is included within the
net area of the lot.

302.129 Lot, Corner. A lot abutting upon 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 shorter of the two (2)
sides fronting on streets.

302.130 Lot Coverage. The ratio of the horizontally projected area of the main and accessory
buildings on a lot to the total area of the lot, except where otherwise defined herein.

302.131 Lot, Depth of. The average horizontal distance between the front and rear lot lines.

302.132 Lot, Double Frontage (Through). An interior lot having frontage on two (2) streets
as distinguished from a corner lot.

302.133 Lot, Interior. Any lot other than a corner lot.

302.134 Lot of Record. A lot or parcel of land whose existence, location, and dimensions
have been recorded in the Office of the Clerk of the Circuit Court of Bath County,
Virginia, at the time of the adoption of this Ordinance.

302.135 Lot, Width. The average horizontal distance between side lot lines.

20
302.136 Main Use. The primary purpose for which land or a building is used.

302.137 Manufacture and/or Manufacturing. The processing and/or converting of raw,

unfinished materials, or products, or either of them, into articles of substances of
different character, or for use for a different purpose.

302.138 Manufactured Home (Red Sticker). A structure intended for human habitation that
is subject to Federal regulations, or transportable in one (1) or more sections, is eight
(8) feet or more in width or forty (40) feet or more in length, or when erected, is three
hundred twenty (320) or more square feet in area. Such a structure is built on a
permanent chassis and designed to be used as a dwelling with or without a
permanent foundation.

302.139 Manufactured Home Park. Any development in which space is leased providing
for two (2) or more manufactured or modular homes intended for residential use for a
period of time longer than thirty (30) days.

302.140 Manufactured Home Stand. A plot of ground within a manufactured home park
designed to accommodate one (1) manufactured home.

302.141 Manufactured Home Subdivision. Any area designated to accommodate three (3)
or more manufactured homes intended for residential use on lots owned by the
manufactured home owner.

302.142 Modular Home. A premanufactured dwelling unit, comprised of a combination of

one (1) or more building sections or modules, containing electrical, plumbing,
heating, ventilating and other service systems, manufactured off-site and transported
to the point of use for installation or erection, with or without other specified
components, to comprise a finished building. Such a structure is not built on a
permanent chassis and is designed to be used only with a permanent foundation.

302.143 Non-Conforming Lot. An otherwise legally recorded 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 these Land Use Regulations.

302.144 Non-Conforming Use of Structures. The otherwise legal use of a building or

structure 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 these Land Use Regulations.

302.145 Non-Conforming Structure. A structure existing at the time of enactment or

amendment of this Ordinance which does not conform to the requirements of this
Ordinance by reason of height or condition, or by reason of its impingement upon
required yard areas.

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302.146 Non-Conforming Use of Land. A use of land existing at the time of the enactment
of this Ordinance, or at the time of a Zoning Amendment, which does not conform
with the regulations of the use district in which it is located.

302.147 Nursery. An agricultural/ commercial enterprise where plants and accessory

products are sold on a retail basis.

302.148 Nursing Home. Any facility or any identifiable component of any facility in which
the primary function is the provision, on a continuing basis, of nursing services and
health-related services for the treatment and inpatient care of two (2) or more
nonrelated individuals, including facilities known by varying nomenclature or
designation such as convalescent homes, skilled care facilities, intermediate care
facilities, extended care facilities and infirmaries, and hospices.

302.149 Nutrient Management Plan Definition. A plan, as approved by the Virginia

Department of Conservation and Recreation or the Virginia Cooperative Extension,
to manage the amount, placement, timing, and application of animal manure,
fertilizer, sewage sludge, or other materials containing plant nutrients to minimize
pollution and to produce crops.

302.150 Off-Street Parking Area. Space provided for vehicular parking outside the
dedicated street right-of-way.

302.151 One Hundred (100) Year Flood. A flood that, on the average, is likely to occur
once every one hundred (100) years.

302.152 Overnight Lodging Establishment. A residential dwelling providing for transient

lodging on a daily or weekly basis, but for no more than 30 consecutive days to the
same person(s). Parking of one (1) space per bedroom required.

302.153 Parcel of Land. A measured portion of land separated from other portions of land
by a metes and bounds description or described as separate, discrete tract in an
instrument of conveyance or devise and recorded in the offices of the clerk of this
County.

302.154 Parks & Recreational Areas. Uses of land that are characterized primarily by
natural areas, large areas consisting mostly of vegetative landscaping or outdoor
recreation, or community gardens in which persons not owning or residing on the
property grow plants or flowers for personal consumption. Structural improvements
are generally limited to those structures that facilitate the use of the land as park and
open space. Accessory uses may include playgrounds, maintenance facilities,
swimming pools, restrooms and dressing rooms, concessions, caretaker’s quarters,
and parking.

302.155 Parking Space. An area consisting of a minimum of ten (10) x thirty (30) feet.

22
302.156 Parking Space, Off-Site. A space suitable for parking one automobile and including
adequate driveways, if necessary, to connect such space with a public right-of-way.
Space within a building or upon a roof, allocated for parking shall be included and
considered a part of the required spaces.

302.157 Parks, Playgrounds, and Outdoor Recreation Areas. Land publicly or privately
owned devoted to recreational pursuits, not for habitation, usually an open area
reserved for outdoor activities such as play, hiking, exercise, or competitive sport.

302.158 Pen. A small enclosure used for the concentrated confinement and housing of
animals or poultry, a place for feeding and fattening animals, a coop. Enclosed
pasture or range with an area in excess of one hundred (100) square feet for each
small animal or two hundred (200) square feet for each larger animal shall not be
regarded as a pen. Any enclosure containing a hog is a hog pen. (See Section
302.85.)

302.159 Pit Privy. "A non water carriage device for temporary storage or permanent disposal
of human excreta. The privy shall not be used as the receptacle of any carriage
waste." A pit privy consists of a lined earthen pit with a suitable rodent and insect
proof structure and pit vent stack. The structure shall be provided with a self closing
lid(s) on the seat riser. The pit privy is located exterior to a dwelling.

302.160 Planned Unit Development. A form of development characterized by unified site

design for a variety of housing types and densities, clustering of buildings, common
open space, and a mix of building types and land uses in which project planning and
density calculation are performed for the entire development rather than on an
individual lot basis.

302.161 Planning Commission or Commission. The Planning Commission of Bath County,

Virginia.

302.162 Plat. Includes the terms: map, plan, plot, replat, or replot, a map or plan of a tract or
parcel of land which is to be, or which has been subdivided. When used as a verb,
"plat" is synonymous with "subdivide."

302.163 Porch. The term “porch” shall include any porch, veranda, gallery, terrace, portico
or similar projection from a main wall of a building and covered by a roof, other than
a carport. An “unenclosed porch” is a porch with no side enclosure (other than the
side of the building to which the porch is attached) that is more than eighteen (18)
inches in height, exclusive of screens.

302.164 Poultry House. Any structure designed for the keeping, breeding, or raising of any
number of poultry.

302.165 Prefabricated Building. The completely assembled and erected building or

structure, including the service equipment, of which the structural parts consist of

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 prefabricated individual units or subassemblies using ordinary or controlled materials
and in which the service equipment may be either prefabricated or at-site
construction.

302.166 Professional. When used in connection with "use" and "occupancy," a use or
occupancy by persons generally engaged in rendering personal, executive, sales, or
administrative services or activities, including accountants, architects, professional
engineers and land surveyors, doctors, lawyers, dentists, insurance offices, real estate
offices, religious organizations, stockbrokers, and administrative agencies considered
professional in character. The term does not include repair or sale of tangible
personal property stored or located within the structure nor any use which would
create any loud noises or noxious odors.

302.167 Property. Any tract, lot, parcel, or several of the same collected together for the
purpose of subdividing.

302.168 Property Owners Association. A corporation or other legal entity or a non-profit

organization which has as its purpose maintenance of streets and/or other common
areas.

302.169 Public Service/Storage Buildings. A building or set of buildings consisting of

individual, small, self-contained units that are leased or owned for the indoor storage
of business and household goods or contractors’ supplies. Freight containers,
recreational vehicles, school buses or any thing else that its intended use (meaning
its intended use at time of manufacture) is not to be a storage building may not be
used as a storage building.

302.170 Public Water and Sewage Systems. A water or sewage disposal system owned and
operated by a public entity.

302.171 Public Utilities. Public service structures such as power plants or substations; water
lines, treatment plants, or pumping stations, sewage disposal systems and treatment
plants; or such similar operations publicly or privately owned furnishing electricity,
gas, rail transport, communications, or related services to the general public.

302.172 Ramada. A structure erected over a manufactured home for the purpose of
providing shade or shelter.

302.173 Recreational Vehicle. Any vehicular type structure, designed or modified as

temporary living accommodations for recreation, camping, and travel use.
Generally, there are four (4) basic types of recreational vehicles: travel trailers, motor
homes, truck or pickup campers, and camping trailers:

• Travel trailer means a vehicular, portable structure built on a chassis, designed to

be used as a temporary dwelling for travel, recreational, and vacation uses,
permanently identified Travel Trailer by the manufacturer of the trailer and, when

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 factory equipped for the road, shall meet all applicable standards for use on public
highways;

• Truck or pickup camper means a portable structure designed to be loaded on or

mounted on a truck chassis for use as a temporary dwelling for travel, recreation,
and vacation;

• Motor home means a self-contained vehicle designed for temporary dwelling to

be used for travel, recreation, and vacation, constructed as an integral part of a
self-propelled vehicle;

• Camping trailer means a folding structure, mounted on wheels and designed for
travel, recreation, and vacation use.

302.174 Recreational Vehicle Storage Area. A commercial storage or parking area where
three (3) or more unoccupied recreation vehicles are stored for more than fourteen
(14) consecutive days.

302.175 Required Open Space. Any space required in any front, side, or rear yard.

302.176 Residential Use. The use of any place, building, or establishment in whole or in part
as a dwelling.

302.177 Restaurant. Any building in which for compensation food, or beverages are
dispensed to persons not residing on the premises for consumption on the premises
including, among other establishments, cafes, delicatessens, or refreshment stands.

302.178 Restaurant, Drive-In. An eating and/or drinking establishment which caters to

motor-driven vehicle businesses where the person being served may consume his
food and/or drink while sitting in a motor-driven vehicle, as opposed to a restaurant
serving exclusively inside or adjacent to the main building.

302.179 Retail Stores and Shops. 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 illustrations: drug store,
news stand, 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, and beauty and barber shop.

302.180 Right-of-Way. Access over or across particularly described property for a specific
purpose or purposes or the interest in the land for such purpose.

302.181 Right-Of-Way Line. The dividing line between a lot, tract, or parcel of land and a
contiguous street, railroad, or public utility right-of-way.

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302.182 Sawmill. A permanent structure housing a mill or machine and its appurtenances for
the purposes of processing of timber into lumber and/or employing 3 or more
employees.

302.183 School, Business or Commercial. Privately owned and operated educational

institution or educational organization, no matter how titled, maintaining or
conducting classes for the purpose of offering instruction, for a consideration, profit
or tuition, to prepare individuals to pursue any occupation for profit in business
administration, bookkeeping, accounting, data processing, stenography, clerical,
secretarial, receptionist, or other office occupations.

302.184 School, Private. Privately owned and operated educational institution or educational
organization, maintaining or conducting classes for the purpose of offering
instruction of students from kindergarten to twelfth grade level.

302.185 School, Public. Publicly owned and operated educational institution or educational
organization regulated by the Commonwealth of Virginia and maintaining or
conducting classes for the purpose of offering instruction of students from
kindergarten to twelfth grade level.

302.186 School, Trade. Privately or publicly owned and operated educational institution or
educational organization maintaining or conducting classes for the purpose of
offering instruction to pursue any occupation for profit in any skilled trade,
electronics, data processing or industry, or to give occupational training, or to give
training in public or other service occupations, or to give vocational training
designed to prepare an individual for, or to upgrade an individual in, technical
occupations and technical phases of other occupations.

302.187 Screening or Buffering. Any device or natural growth, or a combination thereof,

which shall serve as a barrier to vision, light, or noise between adjoining properties,
wherever required by these Land Use Regulations. Whenever used for screening or
buffering purposes, “natural growth” shall be taken to mean coniferous or deciduous
trees, bushes and shrubbery.

302.188 Setback. The minimum distance by which any building, structure, use or activity
must be separated from the lot lines or point reference. Required yards may be
located in this setback area.

302.189 Setback Line. A line generally parallel with and measured from the lot line, defining
the limits of a yard in which no building or structure may be located above ground.

302.190 Shooting Range. An establishment designed and used for conducting shooting
matches or practice shooting.

302.191 Sign. Any words, lettering, parts of letters, figures, numerals, phrases, sentences,
emblems, devices, designs, trade names or marks, or combinations thereof, by which

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 anything is made known, such as the designation of an individual, a firm, an
association, a profession, a business, a commodity, or product, which are visible
from any public way and used as an outdoor display. A display of less than one (1)
square foot in area is excluded from this definition.

302.192 Sign Area. The smallest square, rectangle, triangle, circle, or combination thereof
encompassing the entire advertising area, excluding architectural trim and structural
supports.

302.193 Sign, Business. A sign painted, electrical, or otherwise, erected for the purpose of
conveying information, knowledge, or ideas to the public about a subject related to
the premises upon which said sign is located.

302.194 Sign, Directional. A directional sign is one (one end of which may be pointed or on
which an arrow may be painted) indicating the direction to which attention is called
giving only the name of the firm or business responsible for the erection of same and
distance.

302.195 Sign, Home Occupation. A sign 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.

302.196 Sign, Locational. A sign which directs attention to the approximate location of an
establishment from which an advertised product or service may be obtained.

302.197 Sign, Outdoor Advertising. A structural poster panel or painted sign, either free
standing or attached to a building, for the purpose of conveying information,
knowledge, or ideas to the public about a subject unrelated to the premises upon
which it is located.

302.198 Sign Structure. A structure, including the supports, uprights, bracing and
framework be it single-faced, double-faced, V-type, or otherwise, which is located on
the ground or on top of another structure and which supports no more than two (2)
signs.

302.199 Sign Structure Facing . The surface of the sign upon, against, or through which the
message of the sign is exhibited, not including architectural trim and structural
supports.

302.200 Sign, Temporary. Any sign, banner, pennant, valance, or advertising display
constructed of cloth, canvas, light fabric, cardboard, wallboard or other materials
with or without frames intended to be displayed for a period of not more than thirty
(30) consecutive days.

302.201 Site Plan. The proposal for a development or a subdivision including all covenants,
grants or easements and other conditions relating to use, location, and bulk of

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 buildings, density of development, common open space, public facilities, and such
other information as is required in applicable sections of this Ordinance.

302.202 Slope. The vertical elevation of land area divided by the horizontal distance,
expressed as a percentage. Slope percentage shall be determined using the County
base planimetric and topographic maps or if required, then other topographic maps,
elevations, etc. prepared by such persons licensed to perform surveys to determine
such information.

302.203 Story. That portion of a building other than the basement included between the
surface of the floor next above it. If there be no floor above it, the space between the
floor and the ceiling next above it.

302.204 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 (2/3) of the floor area is finished off for use.

302.205 Street. Any public thoroughfare or, any private thoroughfare providing access to two
(2) or more lots, but not including driveways.

302.206 Street or Alley, Public Use Of. The unrestricted use of a specified area or
right-of-way for ingress and egress to two (2) or more abutting properties.

302.207 Street Centerline. A line generally parallel to the right-of-way lines that equally
divide the street right-of-way.

302.208 Street, Feeder and/or Collector. The Subdivision Street Requirements of the
Virginia Department of Transportation definitions will apply unless otherwise
defined.

302.209 Street, Half. A street that does not meet the minimum right-of-way width
requirements set forth or referenced in this Ordinance.

302.210 Street, Internal. A private street providing access to lots or other streets within the
development, exclusive of driveways.

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

302.212 Street, Local Service. A street that is used primarily as a means of public access to
the abutting properties.

302.213 Street (Road).The Subdivision Street Requirements of the Virginia Department of

Transportation definitions will apply unless otherwise defined.

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302.214 Street, Service Drive. A street, the purpose of which is to provide access to abutting
property and other streets while controlling access to an immediately adjacent street
to which the service drive is generally parallel and contiguous.

302.215 Street Width. The total width of the strip of land dedicated or reserved for travel,
including roadway, curbs, gutters, sidewalks, planting strips, and bikeways, located
within the right of way.

302.216 Structure. Anything constructed or erected, the use of which requires a location on
the ground, or attached to something having a location on the ground, including fuel
pumps and above-ground elevation valves for the transmission of oil and natural gas.

302.217 Subdivider. Any individual, corporation, or registered partnership owning any tract,
lot, or parcel of land to be subdivided, or a group of two (2) or more persons owning
any tract, lot, or parcel of land to be subdivided who have given their power of
attorney to one of their groups or another individual to act on their behalf in
planning, negotiating for, in representing, or executing the legal requirements of the
subdivision.

302.218 Subdivision. The term subdivision shall include:

(a) Standard Subdivision. The division of a parcel of land into three (3) or more
lots or parcels for the purpose of transfer of ownership or building
development in the Agricultural General Zoning District A-2, and the
following Residential Zoning Districts, R-1, R-2, R-3, and R-4;

(b) Acreage Subdivision. The division of any parcel of land into lots of two (2) or
more acres. Acreage subdivisions are considered only in the Agricultural
Limited (A-1) and Agricultural General (A-2) Zoning Districts;

(c) Lot Subdivision. The one-time division of a single parcel into two (2) lots for
any purpose. A plat of such division shall be submitted for approval in
accordance with the provisions of Section 906.00;

(d) Development Subdivision. The division of a parcel of land for business or

industrial development. A plat of such division shall be submitted for
approval in accordance with the provisions of Section 906.00;

(e) The term "subdivision" includes the re-subdivision of lots of record or the
vacation of plats. The term shall apply either to the process of subdivision or
the land subdivided;

(f) The word "subdivision" and any derivative thereof shall have reference to the
term "subdivision" as herein defined.

302.219 Surveyor. A land surveyor currently certified by the Commonwealth of Virginia.

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302.220 Television and/or Radio Stations. A broadcasting facility licensed in the public
interest, convenience, and necessity by the Federal Communications Commission,
which includes transmitting and receiving equipment, studios, offices, utility
buildings, and other necessary accessories required to operate a station.

302.221 Tourist Court, Auto Court, Motel, Hotel, or Motor Lodge. Building or buildings
containing individual sleeping rooms, designed for, or used temporarily by,
automobile tourists or transients, with garage or parking space conveniently located
to each unit. Cooking facilities may be provided for each unit.

302.222 Tourist Home. A dwelling where only lodging is provided for compensation for up
to fourteen (14) persons (in contrast to hotels and boarding houses) and open to
transients.

302.223 Townhouse. A unit separated from adjacent units by a vertical wall with no
openings, providing a dwelling for a single family, in which separate access to the
outside is provided, and in which the major orientation of the unit is vertical rather
than horizontal.

302.224 Townhouse Development. One (1) or more single-family dwellings consisting of

townhouses, with accessory parking, open space, and recreational and management
facilities.

302.225 Travel Trailer. See Section 302.145.

302.226 Tree. A woody perennial plant having a single main stem.

302.227 Tree Farm. A tree-covered area managed as a business enterprise

302.228 Use, Accessory. A subordinate use, customarily incidental to and located upon the
same lot occupied by the main use. Any accessory use shall not be located in any
required front yard.

302.229 Use, Conditional. A conditional use or special exception is one which may be
allowed in accordance with Section 802.03 of these Regulations when the Board of
Zoning Appeals, after review of the application and hearing, thereby finds as a fact
that the proposed use is consistent with the Comprehensive Plan, is compatible with
surrounding uses, is consistent with the intent of these Land Use Regulations, is in
the public interest, and will comply with all other provisions of law and ordinances
of Bath County.

302.230 Uses, Prohibited. Any use not specifically permitted shall be prohibited.

302.231 Variance. A variance is a relaxation of the terms of these Land Use Regulations
where such variance will not be contrary to the public interest and where, owing to
conditions peculiar to the property and not the result of the action of the applicant, a

30
 literal enforcement of these Land Use Regulations would result in unnecessary and
undue hardship. As used in this Ordinance, a variance is authorized only for height,
area, and size of structure or size of yards and open spaces, establishment or
expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a
variance be granted because of the presence of nonconformities in the zoning
division or district or adjoining zoning divisions or districts.

302.232 Warehouse. A structure for storing goods, wares, or merchandise.

302.233 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.

302.234 Wholesale Sales. An operation which sells chiefly to retailers, other merchants, or
industrial, institutional, and commercial uses for resale or business use.

302.235 Yard. A space on the same lot with a main building, such space being open,
unoccupied, and unobstructed by buildings from ground to sky except where
encroachments and accessory buildings are expressly permitted.

302.236 Yard, Front. An open, unoccupied space, excluding steps and uncovered porches or
patios, situated on the same lot with the main building, and extending the full width
of the main building, and which is bounded on four sides as follows: by the front
face of the main building; on the sides by the projections of the side lines of the main
building frontwards to their intersection with the right of way; on the outer front by
that part of the right of way line which falls between the intersections with the
projected side lines. On corner lots, the dept of the front yard shall be considered as
parallel to the street upon which the lots has its least dimensions. Refer to Table 1,
Zoning Schedule, Single Structural Uses, for minimum yard dimensions.

302.237 Yard, Rear. An open space, excluding steps and uncovered porches or patios
situated on the same lot with the main building, such space being unoccupied except
possibly by an accessory building and extending the full width of the main buildings,
and which is bounded on four sides as follows: by the rear face of the main building;
on the sides by the projection of the side lines of the main building rearwards to their
intersection with the rear lot line; on the extreme rear by that part of the rear lot lines
which falls between its intersections with the projected side lines. On corner lots, the
rear yard shall be the opposite end of the lot from the front yard. Refer to Table 1,
Zoning Schedule, Single Structural Uses, for minimum yard dimensions.

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302.238 Yard, Side. Open spaces, excluding steps and uncovered porches or patios, on the
same lot with the main building, being mostly unoccupied except possibly by an
accessory building, and which consist of the lands remaining on each side of the
main building, exclusive of the front and rear yards. If no front yard is required, the
front boundary of the side yard shall be the front line of the lot and if no rear yard is
required, the rear boundary of the side yard shall be the rear line of the lot. On
corner lots, the side yard shall be considered as parallel to the street upon which the
lot has its greatest dimension. No accessory building or use located in a side yard
shall be closer to a side or rear lot line than the minimum dimensions as set forth in
Table 1, Zoning Schedule, single structural uses nor closer than thirty-rive (35) feet
to a front lot line or right-of-way line, whichever is closer.

302.239 Zoning Administrator. An appointed County official who serves as the Zoning
Administrator charged with the interpretation, administration and enforcement of this
Ordinance for Bath County, Virginia, or his/her designee.

302.240 Zoning Permit. A document signed by the Zoning Administrator as a condition

precedent to the commencement of a use or the erection, construction,
reconstruction, restoration, alteration, conversion, or installation of a structure or
building, which acknowledges that such use, structure or building complies with the
provisions of the County Land Use Regulations, or authorized variance therefrom.

302.241 Zoning District. The various classification of agricultural, residential, business,

industrial, flood hazard and airport hazard zoning categories provided for in these
regulations and the areas on the zoning map in which such different districts are
mapped.

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 ARTICLE 4
ESTABLISHMENT OF DISTRICTS

401.00 DIVISION OF BATH COUNTY INTO DISTRICTS

For the purposes of these Land Use Regulations, Bath County is divided into zoning districts named
and described in the following sections. The boundaries of said zoning districts are hereby
established and shown on the Official Zoning Map maintained in the Office of the Zoning
Administrator and shown as originally adopted within Article 12, Zoning Map et seq.

402.00 INCORPORATION OF THE ZONING MAP

The zoning map entitled the "Official Zoning Districts Map for Bath County, Virginia," dated May
12, 1981, as amended, hereinafter referred to as the Official Zoning Map, with all notations,
references, amendments, and dates thereof, and other information shown thereon, shall constitute a
part of these Land Use Regulations. Said map shall be made a public record and shall be kept
permanently in the Office of the Zoning Administrator, where it shall be accessible to the general
public.

403.00 MAP AMENDMENT

If in accordance with the provisions of Article 8, herein, changes are made in the district boundaries
or other information portrayed in the Official Zoning Map, such changes shall be entered on the
Official Zoning Map within ten (10) days after the amendment has been approved by the Governing
Body, together with a numerical entry referring to the application for the amendment, submitted in
accordance with Article 8, herein, which shall be kept as a public record by the Zoning
Administrator. Said numerical entry shall state the reference number of the application in the
records of the Zoning Administrator and the date of the approval of the amendment by the
Governing Body. Amendments to this Ordinance, which involves matter portrayed on the Official
Zoning Map, shall become effective immediately upon being entered onto the Official Zoning Map.
The Bath County Official Zoning Map, which shall be located in the office of the Zoning
Administrator, shall be the final authority in determining the current zoning status of land and water
areas, buildings, and other structures in the County. No changes of any nature shall be made in the
Official Zoning Map except in accordance with the procedures set forth herein.

404.00 REPLACEMENT OF THE OFFICIAL ZONING MAP

In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret
because of the nature or number of changes and additions, the Governing Body may, by resolution,
adopt a new Official Zoning Map which shall supersede the prior 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 corrections shall have the effect of amending the original Official Zoning Map or

33
any subsequent amendment thereof. Unless the prior Official Zoning Map has been lost or has been
totally destroyed, the prior map, or any significant parts thereof remaining shall be preserved,
together with all available records pertaining to its adoption or amendment.

405.00 RULES FOR DETERMINING BOUNDARIES

Unless district boundary lines are fixed by dimensions, and where uncertainty exists with respect to
the boundaries of any of the aforesaid districts as shown on the Official Zoning Map, the following
shall apply:

405.01 Unless otherwise indicated, district boundaries indicated as approximately following

property lines, landlines, centerlines of streams, roads, highways, alleys, the
shorelines of reservoirs, or other bodies of water or civil boundaries, shall be
construed to follow such lines.

405.02 District boundaries indicated as approximately parallel to the centerlines of streams,

roads, highways, or rights-of-way of the same, or the shorelines of reservoirs, or
other bodies of water, or said lines extended, shall be construed as being parallel
thereto and at such distance therefrom as indicated on the Official Zoning Map. If no
distance is given, such dimensions shall be determined by the use of the scale shown
on the Official Zoning Map.

405.03 Where a district boundary line as appearing on the Official Zoning Map divides a lot
which is in single ownership at the time of this enactment, the use classification of
the larger portion may, on application, be extended to the remainder by the
Governing Body in accordance with Article 8 of this Ordinance.

405.04 Where a public road, street, or alley is officially vacated or abandoned, the
regulations applicable to the property to which it is reverted shall apply to such
vacated or abandoned road, street, or alley.

405.05 Where a district boundary is indicated to follow a river, creek, branch, or other body
of water, said boundary shall be construed to follow the centerline at low water or at
the limit of the jurisdiction, and in the event of change in the shoreline, such
boundary shall be construed as moving with the actual shoreline with its
reestablished center or channel.

405.06 If no distance, 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 use of the scale shown on the Official Zoning Map. In case of
subsequent dispute, the matter shall be referred to the Board which shall determine
the boundary in accordance with Section 806.01 of this Ordinance.

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 ARTICLE 5
APPLICATION OF ZONING REGULATIONS

The regulations established herein within each district shall be minimum regulations and shall be
uniformly applied to each class of structure or land, except as hereinafter provided:

501.00 USES – ADMINISTRATIVE REVIEWS & PERMITS

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

501.01 Permitted Uses. A permitted use is one which is allowed in the district in which the
land is situated. Where the proposed use is permitted and is in accordance with other
regulations herein, a Zoning Permit will be issued by the Zoning Administrator,
without a public hearing.

501.02 Conditional Use. A conditional use (i.e., special exception in accordance with the
Code of Virginia, 1950, as amended) is one which may be allowed when the Board
of Zoning Appeals, after review of the application and hearing thereon, finds as a fact
that the proposed use or uses are consistent with the Comprehensive Plan and the
policies of the County and the public interest. Where the use is conditional, a Zoning
Permit will be issued by the Zoning Administrator after such conditional use has
been approved by the Board of Zoning Appeals.

501.03 Review of Building Permits. All applications for building permits and amendments
thereto shall be submitted to the Zoning Administrator for review, and approved
prior to permit issuance. Each application shall include a set of building plans and all
data necessary to show that the requirements of the land use regulations are met.

501.04 Site Plan Review. The Zoning Administrator shall receive all applications for site
plan review and review for completeness and prepare submittals for review by the
appropriate body.

501.05 Variances. The Zoning Administrator shall receive all applications for variances or
other plans as shall be permitted or approved as required by the land use regulations,
review for completeness and prepare submittals for review by the appropriate body.

502.00 Interpretations, Liability & Cooperation.

502.01 Interpretations. The interpretation and application of the provisions of this code
shall be by the Zoning Administrator. An appeal of an interpretation by the Zoning
Administrator shall be submitted to the Board of Zoning Appeals, who, unless
otherwise provided, is authorized to interpret the land use regulations, and such
interpretation shall be considered final.

35
 Uses are permitted within the various zones as described in these land use
regulations and as otherwise provided herein.

It is recognized that all possible uses and variations of uses that might arise cannot
reasonably be listed or categorized. Mixed uses/sites or any use not specifically
mentioned or about which there is any question shall be administratively classified
by comparison with other uses identified in the zones described in these land use
regulations. If the proposed use resembles identified uses in terms of intensity and
character, and is consistent with the purpose of this code and the individual zones
classification, it shall be considered as a permitted/nonpermitted use within a general
zone classification, subject to the regulations for the use it most nearly resembles. If a
use does not resemble other identified allowable uses within a zone, it may be
permitted as determined by the hearing body in public hearing as an amendment to
these land use regulations, pursuant to section 101.00.

502.02 Liability. The Zoning Administrator, or designee, shall be charged with the
enforcement of these land use regulations, who acting in good faith and without
malice in the discharge of the duties described herein, shall not be personally liable
for any damage that may accrue to persons or property as a result of an act or by
reason of an act or omission in the discharge of such duties. A suit brought against
the Zoning Administrator or employee, due to any such act or omission performed by
the Zoning administrator or employee in the enforcement of any provision of such
codes or other pertinent laws or ordinances, implemented through the enforcement of
these regulations, or enforced by the enforcement agency, shall be defended by Bath
County and such liability shall be assumed by Bath County.

These regulations shall not be construed to relieve from or lessen the responsibility
of any person owning, operating or controlling any building or parcel of land for any
damages to persons or property caused by defects, nor shall the enforcement agency
or its jurisdiction be held as assuming any such liability by reason of the reviews or
permits issued under these regulations.

502.03 Cooperation of other officials and officers. The Zoning Administrator shall be
authorized to request, and shall receive so far as is required in the discharge of the
duties described in these regulations, the assistance and cooperation of other officials
of the jurisdiction.

503.00 BUILDINGS

No building shall hereafter be erected, constructed, or altered so as to exceed the height limit, to
accommodate or house a greater number of families, or to occupy a greater percentage of the lot area
than is required or specified in the regulations herein for the district in which it is located.

36
504.00 LOTS AND YARDS

No new lot or yard shall hereafter be created, nor shall any lot or yard existing at the time of
enactment of this Ordinance be altered, nor shall any building or structure, whether new or existing
be moved, so that lot width, depth, or area requirements, front, side, or rear yard requirements, or
inner or outer court requirements, or other requirements of this Ordinance are not maintained, except
when a portion of a lot is acquired for public use. No part of a yard or other open space required for
any building for the purpose of complying with the provisions of this Ordinance shall be included as
part of a yard or other open space similarly required for another building. Every part of a required
yard or court shall be open from its lowest point to the sky unobstructed except for the ordinary
projection of sills, cornices, buttresses, ornamental features, chimneys, flues, and eaves provided
such projections shall not extend into the required yard areas for a distance exceeding two (2) feet.

505.00 GARDENING

Gardening shall be exempt from zoning permit requirements in any district allowing residential uses
provided that such gardening shall not be objectionable by reason of odor, dust, noise, pollution, soil
erosion, sedimentation, or drainage.

506.00 PERMITS ISSUED PRIOR TO ADOPTION OF ORDINANCE

Nothing contained herein shall require any change in the plans or construction of any building or
structure for which a permit was granted prior to the effective date of these Land Use Regulations.
However, if such construction does not commence within thirty (30) days after these Land Use
Regulations become effective, or if construction is discontinued for a period of six (6) months or
more, further construction shall be in conformity with the provisions of these Land Use Regulations
for the district in which the operation is located.

507.0 PAYMENT OF DELINQUENT REAL ESTATE TAXES

The Applicant must produce satisfactory evidence that any delinquent real estate taxes owed have
been paid prior to the initiation of an application for a conditional use permit, variance, rezoning or
other land disturbing permit, including building permits and erosion and sediment control permits, as
set forth in the Code of Virginia, Section 15.2-2286(B).

ARTICLE 6
USES IN DISTRICTS

37
601.00 CONSERVATION DISTRICT C-1

601.01 Intent of the Conservation District C-1. This district is to protect those areas of the
County where man's activities, left unrestricted, have a high potential for adversely
impacting the environment and the safety and welfare of the public by accelerated
soil erosion, reduced water quality, inappropriate uses of the land, and generally the
uneconomical provision of public facilities and services. The district is applied to
complex areas requiring special attention to achieve the most appropriate use of the
lands involved.

601.02 Permitted Uses. Within Conservation District C-1, land to be used or structures to
be erected for one or more of the following uses:

601.02-1 Wildlife areas, game refuges, hunting preserves, and forest preserves;

601.02-2 Parks & recreation or educational areas;

601.02-3 Flood control and watershed structures;

601.02-4 Tree farms; woodlots; pasture;

601.02-5 Water supply buildings, reservoirs, wells, storage tanks, and similar essential public
utility and service structures;

601.02-6 Public service buildings such as municipal, State, or Federal service or storage
buildings;

601.02-7 Nursery or tree farms;

601.02-8 Fish hatcheries;

601.02-9 Cemeteries;

601.02-10 One (1) inoperable automobile;

601.02-11 One (1) automobile for salvage.

601.03 Uses Permitted Upon Approval. The development authorized within this district is
regulated by a comprehensive development and management plan proposed by the
developer. Conventional zoning restrictions are waived in favor of the detailed site
plan developed to preserve and protect the character and the environment consistent
with the purposes of this district.

601.04 Data to Accompany Application. Within the Conservation District, there shall be
submitted a tentative, overall development plan which shall include:

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601.04-1 Scale accurate proposed development plan mapping of the project to include:

(a) Proposed land uses including residential types, commercial types, recreation,
and any other proposed use;
(b) Proposed street system including public and private right-of-way;
(c) Proposed parking areas and parking space delineations;
(d) Proposed plat showing subdivision lot lines;
(e) Proposed utility rights-of-way or easements including water, sewer, gas,
power, and telephone;
(f) Proposed drainage plan;
(g) Proposed location of buildings, structures, and improvements;
(h) Property lines of proposed common property;
(i) Proposed pedestrian circulation system;
(j) Proposed landscaping plan;
(k) Proposed treatment of the project perimeter such as screening or
landscaping;
(l) Relationships and tie-ins to adjacent property.

601.04-2 Supporting documentation to include the following minimum data:

(a) A legal description of the project boundaries;

(b) A statement of existing and proposed property owners;
(c) Names and addresses of all adjacent property owners;
(d) A statement of project development objectives and character to be achieved;
(e) An approximate development schedule including dates of proposed
construction beginning and completion and staging plan, if appropriate;
(f) A statement of intention regarding future selling or leasing of land areas.,
dwelling units, commercial areas, etc.;
(g) Quantitative data including the number and type of dwelling units, parcel sizes,
gross and net residential densities, total amount and percentage of open spaces,
residential, commercial, and other land use types;
(h) Proposed building types including architectural style, height, and floor area;
(i) Approvals from the Virginia Department of Transportation and the County
Health Officer;
(j) Proposed agreements, provisions, or covenants which govern the use,
maintenance, and continued protection of property to be held in common
ownership;
(k) A statement of proposed temporary and permanent erosion and sedimentation
control measures to be taken.

601.04-3 Application: An application meeting the foregoing requirements shall be filed with
the Zoning Administrator. The Zoning Administrator shall forward the application
and data to the Planning Commission for their review and recommendation. The
Planning Commission shall consider the general plan for the development, the
location, arrangement and size of lots, parks, school sites, and other reservations of
open space; the location, width and grade of streets; the location and arrangement of

39
 parking spaces; the location, arrangement and height of buildings, the location,
arrangement and design of neighborhood business areas and accessory parking
spaces, the gross densities proposed for the area; and such other features as will
contribute to the orderly and harmonious development of the area, with due regard to
the type and the character of adjoining neighborhoods and the peculiar suitability of
the proposed uses;

601.04-4 Appearance of Developer: The Planning Commission and/or the Governing Body
may require the developer to appear to discuss the planned development;

601.04-5 Planning Commission Report: The Planning Commission shall report to the
Governing Body within sixty (60) days one of the following:

(a) Recommend approval of the plan as presented; or

(b) Recommend approval of the plan as revised by concurrence of the Planning

Commission and the developer; or

(c) Recommend disapproval.

601.04-6 Final Approval: Upon the preliminary approval by the Governing Body the
developer shall within ninety (90) days furnish three (3) copies of the plan for public
hearing and final disposition.

601.05 Accessory Uses. Where a lot is devoted to a permitted principal use, customary
accessory uses and structures are authorized. The following rules are applicable:

601.05-1 Home occupations provided that the requirements of Article 7, Section 705 are met;

601.05-2 Temporary buildings for uses incidental to construction work, such buildings shall be
removed upon completion or abandonment of the construction work;

601.05-3 Signs as provided for in Article 7;

601.05-4 Parking as provided for in Article 7.

602.00 AGRICULTURAL LIMITED DISTRICT A-1

602.01 Intent of the Agricultural Limited District A-1. The intent of the Agricultural
Limited District is to retain major areas of natural ground cover for conservation
purposes and retaining of public forests and preserves. Uses not consistent with the
existing character of this district are not permitted.

602.02 Permitted Uses. Within Agricultural Limited District A-1, the following uses are
permitted:

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602.02-1 Agriculture, including farm dwellings and agricultural buildings and agricultural
processing;

602.02-2 Animal or poultry husbandry;

602.02-3 Flood control and watershed structures;

602.02-4 Nursery or tree farms;

602.02-5 Parks and recreation areas;

602.02-6 Wildlife areas, game refuges, and forest preserves;

602.02-7 Water supply buildings, reservoirs, wells, elevated tanks, and similar essential public
utility and service structures;

602.02-8 Public service or storage buildings;

602.02-9 Cemeteries;

602.02-10 General Store, Country Store, including antique shops;

602.02-11 Bed & Breakfast establishments; overnight lodging establishments;

602.02-12 Lodge;

602.02-13 Churches and related parish buildings;

602.02-14 Two (2) inoperable automobiles;

602.02-15 One (1) automobile for salvage;

602.02-16 Dairy facility, intensive;

602.02-17 Livestock facility, intensive;

602.02-18 Poultry facility, intensive;

602.02-19 Livestock, dairy, poultry structure.

602.02-20 Single-family dwellings, including individual manufactured homes (manufactured

after 1976) and modular homes, that are to be located on slopes of less than twenty-
five percent or in a setting to not take away from the character of the land or on land
that is suitable as agreed upon by the Health Department Official, Building Official
and Zoning Administrator and meets all requirements of erosion and sediment
control.

41
602.03 Conditional Uses. When, after review of an application and hearing thereon, in
accordance with Article 8, herein, the Board of Zoning Appeals finds as a fact that
the proposed use is compatible with surrounding uses, is consistent with the intent of
this Ordinance and of the Land Use Element of the Comprehensive Plan, is in the
public interest, and will comply with all other provisions of law and ordinances of
Bath County, the following uses may be permitted:

602.03-1 Single-family dwellings including Acreage Subdivision and Lot Subdivision that are
located on slopes of more than 25% slope;

602.03-2 Campgrounds or recreational vehicle parking areas in compliance with Article 7,

Section 711.00;

602.03-3 Temporary trailer camps for the housing of construction workers on highway and
other similar projects;

602.03-4 Sawmills;

602.03-5 Organized group camps and campgrounds;

602.03-6 Communication transmitting or receiving stations and towers;

602.03-7 Sanitary landfill operations;

602.03-8 Automobile service stations and automotive repair garage;

602.03-9 Booster or relay stations, transformer, substations, transmission lines and towers,
pipes, meters and other facilities for the provision and maintenance of public utilities,
including railroads and facilities, and water and sewerage installations;

602.03-10 Shooting range;

602.03-11 Tourist courts, hotels, or motels;

602.03-12 Extraction of minerals, rock, gravel, sand, etc.;

602.03-13 Batching plants for asphalt, concrete, etc.;

602.03-14 Bulk storage of fuel or explosives;

602.03-15 Fish hatcheries;

602.03-16 Automobile graveyards and junkyards;

42
602.03-17 Other uses which are similar to the foregoing.

602.04 Accessory Uses. Where a lot is devoted to a permitted principal use, customary
accessory uses and structures are authorized. The following rules are applicable:

602.04-1 Home occupations provided that the requirements of Article 7, Section 705 are met;

602.04-2 Living quarters of persons employed on the premises;

602.04-3 Private parking garage;

602.04-4 Temporary buildings for uses incidental to construction work, such buildings shall be
removed upon completion or abandonment of the construction work;

602.04-5 Signs as provided for in Article 7;

602.04-6 Parking as provided for in Article 7.

603.00 AGRICULTURAL GENERAL DISTRICT A-2

603.01 Intent of Agricultural General District A-2. This district covers the portion of the
County which contains the most productive agricultural and forest lands which lie on
slopes of less than twenty-five (25) percent and represent the most valuable
agricultural production lands. This district is established for the specific purpose of
facilitating agricultural operations, forest production, conservation of water and other
natural resources, reducing soil erosion and protecting watersheds. Uses not
consistent with the character of this district are not permitted.

603.02 Permitted Uses. Within Agricultural General District A-2, the following uses are
permitted:

603.02-1 Agriculture, dairying, general farming, and forestry, including farm dwellings and
agricultural buildings and agricultural processing;

603.02-2 Animal or poultry husbandry;

603.02-3 Flood control and watershed structures;

603.02-4 Nursery, tree farms, greenhouses;

603.02-5 Feed mills, grain storage as primary uses;

603.02-6 Forest and conservation;

603.02-7 Parks and recreation areas;

43
603.02-8 Golf courses, miniature golf courses, driving ranges;

603.02-9 Single-family and two family dwellings, including Standard Subdivision, Lot
Subdivision, and Acreage Subdivision;

603.02-10 The office of a resident member of a recognized profession provided that the office is
located in a dwelling;

603.02-11 Individual manufactured homes (manufactured after 1976) and modular homes;

603.02-12 Federal, State, municipal administrative, and service buildings;

603.02-13 Water supply buildings, reservoirs, wells, elevated tanks, and similar essential public
utility and service structures;

603.02-14 General store, country store, antique shops, and museums;

603.02-15 Churches and places of worship and/or cemetery;

603.02-16 Community center;

603.02-17 Schools and colleges for academic instruction, located not less than fifty (50) feet
from any lot line;

603.02-18 Lodge;

603.02-19 Veterinary hospital, kennels (provided that no enclosure containing animals and no
storage of odor or dust producing substances shall be located within two hundred
(200) feet of a property line, that the operation is conducted on a tract of land not less
than five (5) acres in area, and that the use is not objectionable by reason of odor,
bright lights, or noise. The industrial performance standards in the M-1 District are
applicable when adjacent to residential districts and shall be used as a guide to
determine whether characteristics of the use are objectionable;

603.02-20 Bed & Breakfast establishments, overnight lodging establishments;

603.02-21 Plant nurseries and greenhouses;

603.02-22 Two (2) inoperable automobiles;

603.02-23 One (1) automobile for salvage;

603.02-24 Dairy facility, intensive;

603.02-25 Livestock facility, intensive;

44
603.02-26 Poultry facility, intensive;

603.02-27 Livestock, dairy, poultry structure.

603.03 Conditional Uses. When, after review of an application and hearing thereon, in
accordance with Article 8 herein, the Board of Zoning Appeals finds as a fact that the
proposed use is compatible with surrounding uses, is consistent with the intent of this
Ordinance and of the Land Use Element of the Comprehensive Plan, is in the public
interest, and will comply with all other provisions of law and ordinances of Bath
County, the following uses may be permitted:

603.03-1 Temporary trailer camps for the housing of construction workers on highway and
other similar projects;

603.03-2 Booster or relay stations, transformer, substations, transmission lines and towers,
pipes, meters and other facilities for the provision and maintenance of public utilities,
including railroads and facilities, and water and sewerage installations;

603.03-3 Sawmills;

603.03-4 Communication transmitting stations and towers;

603.03-5 Sanitary landfill operations;

603.03-6 Automobile service stations, automotive repair garages;

603.03-7 Electric generation and sub-stations;

603.03-8 Automobile graveyards and junkyards;

603.03-9 Shooting range;

603.03-10 Hotels, or motels, country inn;

603.03-11 Extraction of minerals, rock, gravel, sand, etc.;

603.03-12 Batching plants for asphalt, concrete, etc.;

603.03-13 Bulk storage of fuel or explosives;

603.03-14 Temporary stands for the sale of produce raised on the farm;

603.03-15 Airport;

45
603.03-16 Campgrounds or recreational vehicle parking areas in compliance with Article 7,
Section 711;

603.03-17 Organized group camps or campgrounds;

603.03-18 Fish hatcheries;

603.03-19 Cultural/music centers;

603.03-20 Other uses which are similar to the foregoing.

603.04 Accessory Uses. Where a lot is devoted to a permitted principal use, customary
accessory uses and structures are authorized. The following uses are also applicable:

603.04-1 Home occupations provided that the requirements of Article 7, Section 705 are met;

603.04-2 Living quarters of persons employed on the premises;

603.04-3 Private parking areas;

603.04-4 Temporary buildings for uses incidental to construction work, such buildings shall be
removed upon completion or abandonment of the construction work;

603.04-5 Signs as provided for in Article 7;

603.04-6 Parking as provided for in Article 7.

604.00 RESIDENTIAL LIMITED DISTRICT R-1

604.01 Intent of Residential Limited District R-1. The intent of the R-1 Residential District
is to protect the residential character of established neighborhoods and communities.
The regulations for this district tend to protect established neighborhoods which
reflect a long standing character.

604.02 Permitted Uses. Within the Residential Limited District R-1, the following uses are
permitted:

604.02-1 Single-family and two family dwellings;

604.02-2 Public utilities and facilities serving the neighborhood;

604.02-3 Schools;

604.02-4 Churches and other places of worship with attendant cemeteries, educational, and
recreational facilities. No recreation facility shall be located closer than one hundred
(100) feet from any lot of a residential use;

46
604.02-5 Overnight lodging establishment;

604.02-6 One (1) inoperable automobile;

604.02-7 One (1) automobile for salvage.

604.03 Conditional Uses. When, after review of an application and hearing thereon, in
accordance with Article 8 herein, the Board of Zoning Appeals finds as a fact that the
proposed use is compatible with the surrounding uses, is consistent with the intent of
this Ordinance and of the Land Use Element of the Comprehensive Plan, is in the
public interest, and will comply with all other provisions of law and ordinances of
Bath County, the following uses may be permitted:

604.03-1 Public parks, playgrounds, recreational buildings and grounds, tennis courts, golf
courses, and similar recreational uses, all of a noncommercial nature, provided that
any such principal building, swimming pool, or other structure shall be located not
less than one hundred (100) feet from any other lot in any residential district;

604.03-2 Child care centers, family day care homes, or nursery schools provided that State
licensing requirements are met and such uses are not less than fifty (50) feet from
any other lot in a residential district;

604.03-3 Public utility transformer stations, pumping stations, major transmission lines,
towers, and telephone exchanges, not including service or storage yards;

604.03-4 Equine – Residential Zoning Districts as provided for in Article 7;

604.04 Accessory Uses. Where a lot is devoted to a permitted principal use, customary
accessory uses and structures are authorized. The following rules are applicable:

604.04-1 Home occupations provided that the requirements of Article 7, Section 705 are met;

604.04-2 Living quarters of persons employed on the premises;

604.04-3 Private parking garage;

604.04-4 Temporary buildings for uses incidental to construction work, such buildings shall be
removed upon completion or abandonment of the construction work;

604.04-5 Signs as provided for in Article 7;

604.04-6 Parking as provided for in Article 7.

605.00 RESIDENTIAL DISTRICT R-2

47
605.01 Intent of Residential District R-2. The intent of the R-2 Residential District is to
encourage residential neighborhoods and to stabilize and protect the essential
character of such neighborhoods. The regulations for this district tend to protect
against encroachment of commercial or industrial uses and other uses likely to
generate noise, crowds, concentrations of traffic, light dust, odors, smoke, or other
obnoxious influences.

605.02 Permitted Uses. Within Residential District R-2, the following uses are permitted:

48
605.02-1 Single-family dwellings;

605.02-2 Two (2) family dwellings provided that the intent of this district is maintained in the
design and use of two (2) family developments;
605.02-3 Overnight lodging establishments;

605.02-4 Churches and other places of worship with attendant cemeteries, educational, and
recreational facilities. No recreational facility shall be located closer than one
hundred (100) feet from any lot line of a residential use;

605.02-5 Public parks, playgrounds, recreational buildings and grounds, tennis courts, golf
courses, and similar recreational uses, all of a noncommercial nature, provided that
any such principal building, swimming pool or other structure shall be located not
less than one hundred (100) feet from any other lot in any residential district;

605.02-6 Public utilities and facilities serving the neighborhood;

605.02-7 One (1) inoperable automobile;

605.02-8 One (1) automobile for salvage.

605.03 Conditional Uses. When, after review of an application and hearing thereon, in
accordance with Article 8 herein, the Board of Zoning appeals finds as a fact that the
proposed use is compatible with surrounding uses, is consistent with the intent of this
Ordinance and of the Land Use Element of the Comprehensive Plan, is in the public
interest, and will comply with all other provisions of law and ordinances of Bath
County, the following uses may be permitted:

605.03-1 Child care centers, family day care homes, or nursery schools provided that State
licensing requirements are met and such uses are not less than fifty (50) feet from
any other lot in a residential district;

605.03-2 Homes for adults, provided that the licensing requirements of Section 63.2-1701 and
63.2-1800 of the Code of Virginia, 1950, as amended are met;

605.03-3 Hospitals;

605.03-4 Kennels, provided that no enclosure containing animals and no storage of odor or
dust producing substances shall be located within two hundred (200) feet of a
property line, that the operation is conducted on a tract of land not less than five (5)
acres in area, and that the use is not objectionable by reason of odor, bright lights, or
noise. The industrial performance standards in the M-1 District are applicable when
adjacent to residential districts and shall be used as a guide to determine whether
characteristics of the use are objectionable;

605.03-5 Parks, playgrounds, and other outdoor recreation and open space areas, whether
public or private, provided that any clubhouse, swimming area, playing field, or
other area of intensive activity, or any area characterized by loud noises or lighting

49
 at night, shall be located not less than five hundred (500) feet from any lot line of a
residential use;

605.03-6 Veterinary hospitals, provided that no enclosure containing animals or odor or dust
producing substance shall be located closer than two hundred (200) feet form a
property line and that for hospitals treating other than customary pet animals, the
operation shall be conducted on a tract of land not less than five (5) acres in area;

605.03-7 Family care homes, foster homes or group homes serving the mentally retarded,
developmentally disabled, or other, rest homes or nursing homes for convalescent
patients, not related by blood or marriage, provided that licensing requirements are
met;

605.03-8 Public utility transformer stations, pumping stations, major transmission lines,
towers, and telephone exchanges, not including service or storage yards;

605.03-9 Equine – Residential Zoning Districts as provided for in Article 7.

605.04 Accessory Uses. Where a lot is devoted to a permitted principal use, customary
accessory uses and structures are authorized. The following uses are also applicable:

605.04-1 Home occupations provided that the requirements of Article 7, Section 705 are met;

605.04-2 Living quarters of persons employed on the premises;

605.04-3 Private parking garage;

605.04-4 Temporary buildings for uses incidental to construction work, such buildings shall be
removed upon completion or abandonment of the construction work;

605.04-5 Signs as provided for in Article 7;

605.04-6 Parking as provided for in Article 7.

606.00 MEDIUM DENSITY RESIDENTIAL DISTRICT R-3

606.01 Intent of Medium Density Residential District R-3. The intent of the Medium
Density Residential District is to provide for a range of development densities in
accordance with the Bath County Comprehensive Plan. The regulations for this
district provide for development which is not completely residential as it includes
public and semipublic, institutional and other related uses. However, it is basically
residential in character, and, as such, is protected against encroachment of heavy
commercial, industrial, and other uses likely to generate noise, crowds, large
concentrations of traffic, light, dust, odors, smoke, and other obnoxious influences.

606.02 Permitted Uses. Within Medium Density Residential District R-3, the following
uses are permitted:

606.02-1 Single-family dwellings;

50
606.02-2 Two-family dwellings;

606.02-3 Multi-family dwellings;

606.02-4 Townhouses in conformance with Section 709.00;

606.02-5 Schools and colleges for academic instruction, located not less than fifty (50) feet
from any lot line;

606.02-6 Churches;

606.02-7 Parks and playgrounds;

606.02-8 Professional offices in structures similar in character with surrounding

neighborhoods;

606.02-9 Public utilities and facilities serving the neighborhood;

606.02-10 Overnight lodging establishments;

606.02-11 One (1) inoperable automobile;

606.02-12 One (1) automobile for salvage.

606.03 Conditional Uses. When, after review of an application and hearing thereon, in
accordance with Article 8 herein, the Board of Zoning Appeals finds as a fact that the
proposed use is compatible with surrounding uses, is consistent with the intent of this
Ordinance and of the Land Use Element of the Comprehensive Plan, is in the public
interest, and will comply with all other provisions of law and ordinances of Bath
County, the following uses may be permitted:

606.03-1 General hospitals;

606.03-2 Family care homes, foster homes or group homes serving the mentally retarded,
developmentally disabled or other, rest homes, homes for adults, or nursing homes,
provided that licensing requirements are met;

606.03-3 Club, fraternities, lodges, and meeting places of other organizations, provided that
buildings in which such meeting places are housed shall be located at least fifty (50)
feet from any other lot;

606.03-4 Dormitories and boarding houses including dining facilities accessory to such;

606.03-5 Nursery schools and child care centers, if located not less than fifty (50) feet from
any other lot, provided there is established and maintained in connection therewith a
completely fenced and screened play lot of adequate size;

51
52
606.03-6 Public utility transformer stations, pumping stations, major transmission lines,
towers, and telephone exchanges, not including service or storage yards;

606.03-7 Public buildings and properties of a cultural or administrative type;

606.03-8 Commercial operations which: (1) will not adversely affect the health or safety of
persons residing in the neighborhood of the proposed use; (2) will not be detrimental
to the public welfare or injurious to property or improvements; (3) will not be in
conflict with the intent of this district; and (4) will comply with all other provisions
regulating such uses;

606.03-9 Equine – Residential Zoning Districts as provided for in Article 7.

606.04 Accessory Uses. Where a lot is devoted to a permitted principal use, customary
accessory uses and structures are authorized. The following uses are also applicable:

606.04-1 Home occupations provided that the requirements of Article 7, Section 705 are met;

606.04-2 Living quarters of persons employed on the premises;

606.04-3 Private parking garage;

606.04-4 Temporary buildings for uses incidental to construction work, such buildings shall be
removed upon completion or abandonment of the construction work;

606.04-5 Signs as provided for in Article 7;

606.04-6 Parking as provided for in Article 7.

607.00 RESIDENTIAL DISTRICT R-4

607.01 Intent of the Residential District R-4. The intent of the Residential District R-4 is to
allow low cost residential development in the form of manufactured home parks or
subdivisions.

607.02 Permitted Uses. Within Residential District R-4, the following uses are permitted:

607.02-1 Manufactured home parks in accordance with Article 7, Section 707.00;

607.02-2 Manufactured home subdivisions in accordance with Article 7, Section 707.00;

607.02-3 Permanent buildings housing management offices, child care centers, laundry
facilities, or indoor recreational facilities or other service facilities may be permitted,
provided that:

(a) Parking requirements for such facilities are met;

(b) Such uses are subordinate to the residential use and character of the park.

53
607.02-4 One (1) inoperable automobile;

607.02-5 One (1) automobile for salvage.

607.03 Conditional Uses. When, after review of an application and hearing thereon, in
accordance with Article 8 herein, the Board of Zoning Appeals find as a fact that the
proposed use is compatible with surrounding uses, is consistent with the intent of this
Ordinance and of the Land Use Element of the Comprehensive Plan, is in the public
interest, and will comply with all other provisions of law and ordinances of Bath
County, the following uses may be permitted:

607.03-1 Neighborhood commercial uses, provided they are designed and intended to meet the
service needs of persons residing in the park and its immediate neighborhood.

607.04 Accessory Uses. Where a lot is devoted to a permitted principal use, customary
accessory uses and structures are authorized. The following rules are applicable:

607.04-1 Home occupations provided that the requirements of Article 7, Section 705 are met;

607.04-2 Living quarters of persons employed on the premises;

607.04-3 Private parking garage;

607.04-4 Temporary buildings for uses incidental to construction work, such buildings shall be
removed upon completion or abandonment of the construction work;

607.04-5 Signs as provided for in Article 7;

607.04-6 Parking as provided for in Article 7.

608.00 PLANNED UNIT DEVELOPMENT DISTRICT R-5

608.01 Intent of Planned Unit Development District R-5. The intent of the Planned Unit
Development District R-5 is to provide for larger scaled development and clustering
of single-family residential dwelling units through design innovation to provide for a
neighborhood with a variety of housing types and densities, neighborhood shopping
facilities, schools, parks, playgrounds, off-street parking and, where necessary, land
reserved to provide local employment opportunities.

608.02 Permitted Uses. Within Planned Unit Development District R-5, the following uses
are permitted:

608.02-1 Single-family dwellings on an existing lot to conform to the requirements of R-2;

608.02-2 Two (2) family dwellings;

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608.02-3 Multi-family dwellings, apartments, townhouses (as regulated in Section 709 of this
Ordinance) and condominiums;

608.02-4 One (1) inoperable automobile;

608.02-5 One (1) automobile for salvage.

608.03 Accessory Uses. In addition to the principal uses, other commercial or

non-commercial service uses may be permitted provided: (a) that such uses are
intended primarily to serve the needs of the project area residents; (b) that such uses
are designed and located for the convenience of the project area residents and to
protect the character of the district; (c) that all subsequent changes in use shall be
approved by the Planning Commission or its agent; (d) that all commercial uses shall
not total more than ten (10) percent of the total project area; and (e) that construction
of commercial facilities shall not begin until twenty-five (25) percent of the
residential units or two hundred fifty (250) dwelling units, whichever is less, of the
total planned unit development has been completed.

608.04 Uses Permitted by Approval. The development authorized within this district is
regulated by a comprehensive development and management plan proposed by the
developer and where conventional zoning lot restrictions are waived in favor of the
detailed site plan and dedication of common open space.

608.05 Qualifying Requirements. A tract or parcel of land may be considered for R-5
Planned Residential District Zoning only if it meets the following conditions:

608.05-1 Ownership Requirements: The project area must be in one (1) ownership or the
application filed jointly by the owners of all land within the project area. The holder
of a written option to purchase land shall, for the purposes of such application, be
deemed to be an owner of such land; however, each and every project area in a
Planned Residential District must be in single or common ownership before the final
development plan is approved;

608.05-2 Availability of Public Utilities: The project area must be located where public water
and sewer systems are available, or where a community water and sewer system can
be developed as part of the project;

608.05-3 Land Suitability: Rezoning land to R-5 Planned Residential District may be denied
if from investigation conducted by all public agencies concerned, it has been
determined that the land is not suitable for development because of inadequate road
access, inadequate community facilities, excessive distance to employment area,
non-conformity to county development plans, or other public health, welfare, or
safety objectives.

608.06 Site Design Requirements. The following are the site design requirements for the
R-5 Residential District:

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608.06-1 Maximum Density: The gross residential density shall not exceed eight (8) dwelling
units per acre;

608.06-2 Common Open Space: Minimum open space shall be not less than thirty (30)
percent of the total area exclusive of buildings, streets, alleys, roads, parking areas,
walks, patios, and other similar improvements but inclusive of swimming pools and
other active and passive recreational areas;

608.06-3 Functional Relationships: The site development plan shall be designed for
convenient relationships between the various functional areas of the project such as
residential, recreational, shopping, etc.;

608.06-4 Lot Design: The lot design, arrangement, and shape shall be such that lots will
provide satisfactory and desirable sites for buildings, be properly related to
topography, and provide convenient and safe access;

608.06-5 Street Design: The street system within the project area shall be designed:

(a) According to functional street purposes and projected traffic flow;

(b) To discourage through traffic;
(c) To assure safe and convenient sight distances;
(d) To complement the natural topography;
(e) In coordination with existing and planned streets;
(f) To be dust proof and passable year round.

608.06-6 Street Names and Signs: The name of proposed streets shall not duplicate existing
street names irrespective of the use of the suffix street, avenue, boulevard, driveway,
place, lane or court. Proposed streets, which are obviously in alignment with other
already existing and named streets, shall bear the names of the existing streets. Street
names shall be indicated on the preliminary plan and final subdivision plat. Street
signs shall be provided at all intersections;

608.06-7 Street Lighting: Street lighting shall be provided on all streets in the development;

608.06-8 Pedestrian Circulation: Provision shall be made for sidewalks and pedestrian
walkways, which will enable residents, visitors and/or patrons to walk safely and
conveniently between the various functional areas of the project and adjacent
circulation systems;

608.06-9 Parking: Off-street parking shall be provided in adequate amounts and in convenient
locations. Wherever feasible, parking areas should be designed to preserve natural
amenities and should avoid excessive concentrations of pavement by scattered
landscaping and tree planting. Generally, two parking spaces should be provided for
each dwelling unit;

608.06-10 Water and Sewer: All Planned Residential Districts shall be served by collective
water and sewer systems as follows:

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 (a) Wherever feasible the project area water or sewer systems shall be connected
to existing public systems;

(b) Where connection to existing public water or sewer systems are not feasible,
the developer shall provide community water or sewer systems;

608.06-11 Community Facilities: Reservation or dedication of land for community facilities

may be required if the need is created by the project area development or if proposed
on the County development plan;

608.06-12 Fire Hydrants: Fire hydrants shall be provided throughout the project area in such
locations to provide adequate fire protection;

608.06-13 Drainage: The site development plan shall include a plan for adequate drainage.
The street and lot plan shall be designed to avoid drainage problems. Where storm
drains or drainage ditches are required, or where an existing waterway or drainage
way traverses the project area, an easement or right-of-way shall be provided with
adequate improvements to contain the drainage flows from the tributary area
upstream of the watershed;

608.06-14 Floodways: Land subject to flooding in accordance with Section 613.00 of these
Land Use Regulations and land deemed to be topographically unsuitable shall not be
platted for residential occupancy, nor for such other uses as may increase danger of
health, life, or property, or aggravate erosion or flood hazard. Such land within the
project area shall be used as common open space or other uses which would not be
endangered by periodic or occasional inundation or shall not produce conditions
contrary to public welfare;

608.06-15 Easements: Easements through the project area shall be provided for water, sewer,
gas, telephone, power and other utilities as required by the respective utility
departments, agencies or companies;

608.06-16 Grading: The site development plan shall be designed to minimize the amount of
grading required for development. To the extent feasible, the natural lay of the land
shall be maintained except where grading is required for public health or safety;

608.06-17 Natural Amenities: The developer shall make every reasonable effort to protect and
preserve the natural amenities of the site such as tree cover, waterways, scenic
overlooks, etc. The site development plan shall be designed to maximize the use and
enjoyment of natural amenities by project residents;

608.06-18 Landscaping and Screening: Landscaping and screening may be required to

improve the project's appearance or to provide a buffer between potentially
conflicting uses.

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608.07 Data to Accompany Application. With the Planned Unit District, there shall be
submitted a tentative, overall development plan which shall include:

608.07-1 Scale accurate proposed development plan mapping of the project to include:

(a) Proposed land uses including residential types, commercial types, recreation
and any other proposed use;
(b) Proposed street system including public and private right-of-way;
(c) Proposed parking areas and parking space delineations;
(d) Proposed plat showing subdivision lot lines;
(e) Proposed utility rights-of-way or easements including water, sewer, gas,
power, and telephone;
(f) Proposed drainage plan;
(g) Proposed location of buildings, structures, and improvements;
(h) Property lines of proposed common property;
(i) Proposed pedestrian circulation system;
(j) Proposed landscaping plan;
(k) Proposed treatment of the project perimeter such as screening or landscaping;
(1) Relationships and tie-ins to adjacent property.

608.07-2 Supporting documentation to include the following minimum data:

(a) A legal description of the project boundaries;

(b) A statement of existing and proposed property owners;
(c) Names and addresses of all adjacent property owners;
(d) A statement of project development objectives and character to be achieved;
(e) An approximate development schedule including dates of proposed
construction beginning and completion and staging plan, if appropriate;
(f) A statement of intent regarding future selling or leasing of land areas, dwelling
units, commercial area, etc.;
(g) Quantitative data including the number and type of dwelling units, parcel sizes,
gross and net residential densities, total amount and percentage of open space,
residential, commercial, and other land use types;
(h) Proposed building types including architectural style, height, and floor area;
(i) Approvals from the Virginia Department of Transportation and the County
Health Officer;
(j) Proposed agreements, provisions, or covenants which govern the use,
maintenance, and continued protection of property to be held in common
ownership;
(k) A statement of proposed temporary and permanent erosion and sedimentation
control measures to be taken.

608.07-3 Application: Application for a Planned Unit Development meeting the foregoing
requirements shall be filed with the Zoning Administrator. Ten (10) copies of the
original application are required to be filed with it. The Zoning Administrator shall
forward the application and data to the Planning Commission for their review and
recommendation. The Planning Commission shall consider the general plan for the

58
 community, the location, arrangement and size of lots, parks, school sites and other
reservations of open space, the location, width and grade of location, arrangement
and height of buildings; the location, arrangement and design of neighborhood
business areas and accessory parking spaces; the gross densities proposed for the
area; and such other features as will contribute to the orderly and harmonious
development of the area, with due regard to the type and the character of adjoining
neighborhoods and the peculiar suitability of the proposed uses;

608.07-4 Processing Fee: At the time of filing the preliminary plan application, the applicant
shall deposit with the Zoning Administrator a check payable to the Treasurer in an
amount determined by the Governing Body;

608.07-5 Appearance of Developer: The Planning Commission and/or the Governing Body
may require the developer to appear to discuss the planned unit development;

608.07-6 Preliminary Plan Approval:

(a) Within sixty (60) days after the filing of the preliminary development plan, the
Planning Commission shall report to the Governing Body one of the following:

• Recommend approval of the plan as presented, or

• Recommend approval of the plan as revised by concurrence
of the Planning Commission and the developer, or
• Recommend disapproval;

(b) The Governing Body shall give notice under Section 15.1-431 of the Code of
Virginia, 1950, as amended of a public hearing to be held not more than
thirty (30) days after the receipt of the Planning Commission's report. After
the hearing, the Governing Body disapproves or approves the preliminary
development plan, or approves the preliminary development plan with
modifications;

(c) If the preliminary development plan is approved, or approved with

modifications by the Governing Body, the Zoning Map shall be amended to
show the R-5 Planned Unit Development. If the preliminary development
plan is approved with modifications, the Governing Body shall not amend
the Zoning Map until the applicant has filed with the Zoning Administrator
written consent to the plan as modified.

608.08 Status of Approval. No building permits shall be issued within the project area until
the final development plan has been approved by the County under the procedures in
the following sections.

608.09 Final Plan Application. Within six (6) months following the approval of the
preliminary development plan, the applicant shall file with the Zoning Administrator
ten (10) copies of a final development plan containing in final form, the information
required in the preliminary plan, including but not limited to, final maps and

59
 documents specified above. In its discretion and for good cause, the Planning
Commission may, upon receipt of a written application, extend for six (6) months the
period for filing of the final development plan:

608.09-1 Phasing Plan: If the project area is to be developed in stages, a phasing plan shall be
submitted with the final development plan. The phasing plan shall delineate the
areas to be developed in each phase and the approximate development schedule of
each phase;

608.09-2 Compliance with Preliminary Plan: The final development plan shall be in
substantial compliance with the preliminary development plan. The final
development plan shall be deemed in substantial compliance providing modification
does not involve any of the following and provided further that such modification
does not exceed the limitations of this district's regulations:

(a) Variation of the proposed residential density or intensity of use by more than ten
(10) percent;

(b) Reduction of more than ten (10) percent of the area reserved for common open
space;

(c) Increase of the floor area proposed for nonresidential use by more than ten (10)
percent; and

(d) Increase of the total ground area covered by buildings by more than five (5)
percent.

608.09-3 Final Plan Approval: The Planning Commission shall review the final development
plan and shall approve the final development plan if it is in substantial compliance
with the preliminary development plan. The Clerk of the Court in whose office
deeds are conveyed will record the final development plan in the manner provided
for recording plats or subdivisions.

608.10 Subdivision Plat Requirements. Refer to Article 9, Subdivision Regulations,

Section 904.00.

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609.00 CONVENIENCE BUSINESS DISTRICT B-1

609.01 Intent of Convenience Business District B-1. The intent of Business District B-1 is
to accommodate day-to-day convenience service and retail uses. All business
servicing, storage or processing shall be conducted within a completely enclosed
building except where the nature of the activity makes it impossible.

609.02 Permitted Uses. Within Convenience Business District B-1, the following uses are
permitted:

609.02-1 Generally recognized retail business which supplies commodities on the premises for
persons residing in adjacent residential areas, including: groceries, meats, dairy
products, baked goods or other foods, drugs, dry goods, clothing, notions, or
hardware, barber and beauty shops, liquor store, florists;

609.02-2 Hotels and motels, inns;

609.02-3 Banks and loan and finance offices, including drive-in types;

609.02-4 Churches;

609.02-5 Hospitals;

609.02-6 Funeral home and/or mortuary;

609.02-7 Automobile service stations and garages;

609.02-8 Restaurants;

609.02-9 Business and professional offices;

609.02-10 Museums;

609-02-11 Nursing homes;

609.02-12 Child care centers;

609.02-13 Public utilities and facilities serving the neighborhood;

609.02-14 One (1) and two (2) family dwellings;

609.02-15 One (1) inoperable automobile;

609.02-16 One (1) automobile for salvage.

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609.03 Conditional Uses. When, after review of an application and hearing thereon, in
accordance with Article 8 herein, the Board of Zoning Appeals finds as a fact that the
proposed use is compatible with surrounding uses, is consistent with the intent of this
Ordinance and of the Land Use Element of the Comprehensive Plan, is in the public
interest, and will comply with all other provisions of law and ordinances of Bath
County, the following uses may be permitted:

609.03-1 Personal service establishments which performs services on the premises including
repair shops, photographic studios, and self-service laundries;

609.03-2 Post office and similar governmental office buildings serving persons living on the
adjacent residential area;

609.03-3 Public utility transformer stations, pumping stations, major transmission lines,
towers, and telephone exchanges, not including service or storage yards;

609.03-4 Campgrounds or recreational vehicle storage areas in compliance with

Section 711.00;

609.03-5 Overnight lodging establishments and Bed & Breakfast establishments.

609.04 Accessory Uses. Where a lot is devoted to a permitted principal use, customary
accessory uses and structures are authorized. The following rules are applicable:

609.04-1 Home occupations provided that the requirements of Article 7, Section 705 are met;

609.04-2 Living quarters of persons employed on the premises;

609.04-3 Private parking garage;

609.04-4 Temporary buildings for uses incidental to construction work, such buildings shall be
removed upon completion or abandonment of the construction work;

609.04-5 Signs as provided for in Article 7;

609.04-6 Parking as provided for in Article 7.

610.00 GENERAL BUSINESS DISTRICT B-2

610.01 Intent of General Business District B-2. The intent of the General Business District
B-2 is to provide space for the general commercial development to which the public
requires direct and frequent access, including retail business and services at locations
where it is convenient.

610.02 Permitted Uses. With the General Business District B-2, the following uses are
permitted:

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610.02-1 Bakery, laundry, dry cleaning, clothes dyeing, cannery or similar establishment;

610.02-2 Banks and loan and finance offices, including drive-in types;

610.02-3 Bowling alley, pool hall, billiard parlor and similar enterprises provided that such use
is conducted within a completely enclosed building and such building if less than
two hundred (200) feet from any Residential District shall have no openings other
than stationary windows or required fire exits within such distance;

610.02-4 Business and professional offices;

610.02-5 Carpenter, electrical, Plumbing, heating, welding sheet metal, appliance repair,
painting, publishing, lithographing, upholstering, gunsmith or similar shops provided
that any use shall be conducted within a completely enclosed building and provided
that no part of a building for such use shall have any opening other than stationary
windows or required fire exits within one hundred (100) feet of any Residential
District;

610.02-6 Churches and other places of worship and church school buildings;

610.02-7 Department stores, variety stores, specialty shops, discount stores, and appliance
stores;

610.02-8 Funeral home and/or mortuary;

610.02-9 Greenhouses;

610.02-10 Motels and hotels, inns;

610.02-11 Police, fire and rescue squad stations;

610.02-12 Post offices;

610.02-13 Public buildings and properties of a cultural, administrative or service type;

610.02-14 Radio and television broadcasting studios;

610.02-15 Bus stations;

610.02-16 Restaurants, cafes, dairy product stores and soda fountains, drive-in eating and
refreshment establishments;

610.02-17 Retail business or service establishments such as grocery, fruit or vegetable stores,
drug stores, barber and beauty and other personal service shops, hardware stores,
clothing stores, liquor stores, florists, dry cleaning and laundry, pickup stations and
food lockers;

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610.02-18 Self-service laundry and dry cleaning shops;

610.02-19 Swimming pools, skating rinks, golf driving ranges, miniature golf courses, riding
academy, livery stable, amusement park or similar recreation use or facility if located
at least two hundred (200) feet from any Residential District;

610.02-20 Taxi stands;

610.02-21 Theaters, playhouses and dinner theaters;

610.02-22 Veterinary clinics, kennels and animal hospitals provided that any structure or
premise used for such purpose shall be distant at least two hundred (200) feet from
any Residential District;

610.02-23 Public utilities and facilities serving the neighborhood;

610.02-24 Individual residential uses associated with a permitted use such as the residence of an
entrepreneur;

610.02-25 Multi-family dwellings and apartments;

610.02-26 One (1) inoperable automobile;

610.02-27 One (1) automobile for salvage;

610.02-28 Hospitals;

610.02-29 Public service or storage buildings.

610.03 Conditional Uses. When after review of an application and hearing thereon, in
accordance with Article 8 herein, the Board of Zoning Appeals finds as a fact that the
proposed use is compatible with surrounding uses, is consistent with the intent of this
Ordinance and of the Land Use Element of the Comprehensive Plan, is in the public
interest, and will comply with all other provisions of law and ordinances of Bath
County, the following uses may be permitted:

610.03-1 Abattoirs or slaughter houses, except for poultry and rabbits incidental to a retail
store;

610.03-2 Athletic fields, stadiums and arenas;

610.03-3 Automobile service stations, automotive repair garage;

610.03-4 Automobile, motorcycle, bicycle, truck, trailer, farm implement, heavy equipment,
aircraft, boat, establishments for display, hire, sales and repair, including sales lots
and carwash establishments provided that all operations other than display and sales

64
 shall be conducted within a completely enclosed building. Buildings used for repair
work if less than one hundred (100) feet from any Residential District shall have no
openings other than stationary windows or required fire exits within such distance;

610.03-5 Beverage manufacturing, bottling or distribution stations and food processing,

packaging or distribution stations, provided that such use shall be distant at least one
hundred (100) feet from any Residential District;

610.03-6 Circuses, carnivals, fairs and sideshows;

610.03-7 Commercial exhibition of wild animals or reptiles;

610.03-8 Drive-in theaters provided all parts of such drive-in theater shall be distant at least
two hundred (200) feet from any Residential District and provided that the screen
shall be so located as not to be visible from adjacent streets or highways and it shall
be set back not less than two hundred (200) feet from the established right-of-way of
said street or highway;

610.03-9 Individual residential uses associated with a conditional use such as the residence of
an entrepreneur, but not including subdivisions and multi-family complexes;

610.03-10 Automobile graveyards;

610.03-11 Livestock market and sales pavilions. Public utility transformer stations, pumping
stations and major transmission lines, and towers and telephone exchanges;

610.03-12 Race track, auto or horse;

610.03-13 Shooting ranges or gallery;

610.03-14 Wholesale business, storage or warehouse provided that any such use shall be distant
at least fifty (50) feet from any Residential District;

610.03-15 Public utility transformer stations, pumping stations, major transmission lines,
towers, and telephone exchanges;

610.03-16 Recreational vehicle storage areas in compliance with Section 711.00.

610.04 Accessory Uses. Where a lot is devoted to a permitted principal use, customary
accessory uses and structures are authorized. The following rules are applicable:

610.04-1 Living quarters of persons employed on the premises;

610.04-2 Private parking garage;

610.04-3 Temporary buildings for uses incidental to construction work; such buildings shall be
removed upon completion or abandonment of the construction work;

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610.04-4 Signs as provided for in Article 7;

610.04-5 Parking as provided for in Article 7.

611.00 PLANNED BUSINESS DISTRICT B-3

611.01 Intent of the Planned Business District B-3. The B-3 Planned Business Zone is
intended to permit the development of business areas, under one (1) ownership or
control in those areas of the county where there are areas of sufficient size in heavily
populated sections and where sanitary sewers, street access, and public water supply
are adequately provided. Within this district, the location of buildings, design of
buildings, parking areas, and other open spaces shall be controlled in such a manner
that it will not be a detriment to the adjoining residential property or to the area in
general.

611.02 Permitted Uses. Within the Planned Business Zone, no building, structure, or
premises shall be used and no building or structure shall be erected or altered until
and unless the same has been approved by the Planning Commission and by the
Governing Body in accordance with the provisions contained in Article 8, Section
802.00, and until and unless the following conditions have been complied with:

(a) Uses permitted will be the same as those permitted in the B-2 Zone.

(b) There shall have been filed with the Planning Commission a written application
for approval of a contemplated use within said district, which application shall
be accompanied with the following information:

1 A plot plan indicating the location of present and proposed buildings,

driveways, parking lots, landscaping, screening, and other necessary uses;

2 Preliminary architectural plans for the proposed building or buildings;

3 A description of the business operations proposed in sufficient detail to

indicate the effects of those operations in producing excessive auto or traffic
congestion or problems of noise, glare, odor, fire, or safety hazards, or other
factors detrimental to the health, safety, and welfare of the area;

4 Engineering or architectural plans for the handling of any of the problems of

the type outlined in item 3. above, including the handling of storm water and
sewers and necessary plans for the controlling of smoke or other nuisances
such as those enumerated under item 3. above;

5 Any other information the Planning Commission or Governing Body may

need to adequately consider the effect that the proposed uses may have upon
the area, and/or the cost of providing municipal services to the area.

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611.03 Area Regulations. In this district the area regulations, maximum lot coverage,
height regulations, and off-street parking shall comply with the requirements of the
B-2 District:

611.03-1 There shall be a twenty-five (25) foot setback from all streets and all adjoining
residential property. This setback shall act as a buffer between the business and
residential uses. It shall be fully landscaped and maintained with grass and with trees
or shrubbery of sufficient height and density to serve as a screen between the
business zone and the residential zone. The buffer zone shall not constitute a sight
distance obstruction at street intersections. The buffer zone shall be considered as
part of the lot area but shall not be used for any business purpose such as buildings,
parking lots, signs, or any accessory use. The buffer zone, upon completion of
development of the project, shall be at or near the same grade or plane which existed
prior to the development of the planned business district property, unless otherwise
expressly reviewed and approved by the Planning Commission and by the Governing
Body;

611.03-2 These restrictions shall not apply to that portion of the lot fronting on the major
business thoroughfare or thoroughfares. Entrances to the property will be allowed
from the arterial streets only.

611.04 Signs.

611.04-1 For each shopping center, one ground sign having a maximum area of one hundred
(100) square feet, maximum overall height of thirty (30) feet, minimum distance
from street line of ten (10) feet indicating the name of the shopping center. In lieu of
the shopping center name, the one sign may designate a business use or a
combination of business uses within the center;

611.04-2 For each individual business, one (1) sign attached to the building having a
maximum area of one (1) square foot for each linear foot of building frontage
occupied by a single permitted use;

611.04-3 All other regulations of Article 7, Section 706.00 shall apply.

612.00 LIGHT INDUSTRIAL DISTRICT M-1

612.01 Intent of Light Industrial District M-1. The intent of the M-1 Industrial District is
to accommodate industrial uses that provide desirable employment consistent with
the goal of maintaining environmental quality. The M-1 District is to permit the
manufacturing, compounding, processing, packaging, assembly, sales and/or
treatment of finished or semifinished products from previously prepared material.

612.02 Permitted Uses. Within the Light Industrial District, the following uses are
permitted:

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612.02-1 Assembly of electrical appliances, electronic instruments and devices, radios and
phonographs. Also the manufacturing of small parts, such as coils, condensers,
transformers, and crystal holders;

612.02-2 Automobile assembling, painting, upholstering, repairing, rebuilding, reconditioning,

body and fender work, truck repairing or overhauling, tire retreading or recapping or
battery manufacture;

612.02-3 Blacksmith shop, welding or machine shop, excluding punch presses exceeding forty
(40) ton rated capacity and drop hammer;

612.02-4 Laboratories-pharmaceutical and/or medical;

612.02-5 Manufacture, compounding, processing, packaging or treatment of such products as

bakery goods, beverage products, candy, cosmetics, dairy products, drugs, perfumes,
pharmaceuticals, perfumed toilet soap, toiletries and food products;

612.02-6 Manufacture, compounding, assembling or treatment of articles of merchandise from

the following previously prepared materials: bone, cellophane, canvas, cloth, cork,
feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, precious or
semiprecious metals or stones, shell, straw, textiles, tobacco, wood, yarn, and paint;

612.02-7 Manufacture of pottery and figurines or other similar ceramic products, using only
previously pulverized clay and kilns fired only by electricity or gas;

612.02-8 Manufacture of musical instruments, toys, novelties, and rubber and metal stamps;

612.02-9 Cabinets, furniture, and upholstery shops;

612.02-10 Boat building;

612.02-11 Monumental stone works;

612.02-12 Public utility generating, booster or relay stations, transformer substations,
transmission lines and towers, and other facilities for the provision and maintenance
of public utilities, including railroads and facilities, water and sewerage installations;

612.02-13 Public service or storage buildings;

612.02-14 One (1) inoperable automobiles;

612.02-15 One (1) automobile for salvage.

612.03 Conditional Uses. When after review of an application and hearing thereon, in
accordance with Article 8 herein, the Board of Zoning Appeals finds as a fact that the
proposed use is compatible with surrounding uses, is consistent with the intent of this
Ordinance and of the Land Use Element of the Comprehensive Plan, is in the public

68
 interest, and will comply with all other provisions of law and ordinances of Bath
County, Virginia, the following uses may be permitted:

612.03-1 Building material sales yards, plumbing supplies storage;

612.03-2 Coal and wood yards, sawmills, lumber yards, feed and seed store;

612.03-3 Contractor's equipment storage yards or plants, or rental of equipment commonly

used by contractors;

612.03-4 Veterinary or dog or cat hospital, kennels;

612.03-5 Wholesale businesses, storage warehouses;

612.03-6 Automobile graveyards and junkyards.

612.04 Accessory Uses. Where a lot is devoted to a permitted principal use, customary
accessory uses, and structures are authorized:

612.04-1 Living quarters of persons employed on the premises;

612.04-2 Private parking garage;

612.04-3 Temporary buildings for uses incidental to construction work, such buildings shall be
removed upon completion or abandonment of the construction work;

612.04-4 Signs as provided for in Article 7;

612.04-5 Parking as provided for in Article 7.

612.05 Requirements for Uses:

612.05-1 Before a Building Permit shall be issued or construction commenced on any

permitted use in this district, or a permit issued for a new use, the plans, in sufficient
detail to show the operations and processes, shall be submitted to the Zoning
Administrator for study. The Administrator may refer these plans to the Planning
Commission for recommendation. Modifications of the plans may be required;

612.05-2 Permitted uses shall be conducted wholly within or completely enclosed on all sides
by a solid masonry wall, a uniformly painted solid board fence or evergreen hedge
six (6) feet in height. Public utilities and signs requiring natural air circulation,
unobstructed view, or other technical consideration necessary for proper operation
may be exempt from this provisions. This exception does not include storing of any
materials;

612.05-3 Landscaping may be required within any established or required front setback area.
The plans and execution must take into consideration traffic hazards. Landscaping

69
 may be permitted up to a height of three (3) feet, and to within fifty (50) feet from the
corner of any intersecting streets;

612.05-4 Sufficient area shall be provided: (a) to adequately screen permitted uses from
adjacent business and residential districts; and (b) for off-street parking of vehicles
incidental to the industry, its employees and clients;

612.05-5 The Administrator shall act on any plan received within twenty (20) days after
receiving the application. If formal notice in writing is given to the applicant, the
time for action may be extended for a twenty (20) day period. Failure on the part of
the Administrator to act on the application within the established time limit shall be
deemed to constitute approval of the application.

613.00 FLOOD HAZARD DISTRICT FH-1

These land use regulations shall follow and comply with Chapter 12 “Flood
Protection” (adopted 9/9/97) of the Bath County Code until further amended and adopted.

614.00 AIRPORT HAZARD DISTRICT AH-1

614.01 Intent of Airport Hazard District AH-1. The intent of the Airport Hazard District is
to protect airports from encroachment of obstructions or hazards to aircraft.

614.02 Approach Zone. An approach zone to an airport shall include an area of eleven
thousand (11,000) feet from the end of any runway. The approach zone for airports
accommodating heavy jet aircraft extends out three and one-half (3½) miles from the
end of any runway.

614.02-1 Proposals for the establishment of uses within the approach zone shall be
accompanied by Federal Aviation Administration's recommendations;

614.02-2 Places of public assembly such as schools, churches, hospitals, apartment houses,
theaters, and assembly halls shall not be erected or otherwise located in any area
which will be classified as an approach zone.

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 ARTICLE 7
USE REGULATIONS

701.00 AREA REGULATIONS

Area and density regulations are provided by district in the Zoning Schedule, Single Structural Uses,
Table 1, and Lot Regulations for Manufactured Homes, Parks, and Subdivisions, Table 2.

701.01 Modification of Yard Requirements. Yard requirements may be modified to

provide:

701.01-1 An uncovered porch or patio may project into a required front yard for a distance not
exceeding one-third of the distance from the front line of the main building to the
right-of-way line or the front line of the lot, whichever is closer.

701.01-2 An uncovered porch or patio may be included as open space in meeting open space
requirements and may be included as yard area in meeting yard dimension
requirements provided no structure is closer than five (5) feet of the property line;

701.01-3 Minimum setback requirements of these Land Use Regulations for yards facing
streets shall not apply to any lot where the average setback on developed lots within
the same block and zoning district and fronting on the same street is less than the
minimum. In such cases, the setback on such lot may be less than the required
setback but not less than the average of the existing setbacks on the existing
developed lots;

701.01-4 Signs advertising sale or rent of premises may be erected up to the property line;

701.02 Special Provisions for Corner Lots.

701.02-1 Of the two (2) sides of a corner lot the front shall be deemed to be the shorter of the
two (2) sides fronting on streets;

701.02-2 The side yard on the side facing the side street shall be thirty-five (35) feet or more
for both main and accessory buildings;

701.02-3 For subdivisions platted after the enactment of these Land Use Regulations, each
corner lot shall have a minimum width at the setback line of one hundred twenty-five
(125) feet or more.

701.03 Conditional Height Regulation.

701.03-1 The height limits may be increased upon approval by the Board of Zoning Appeals
after public hearing, provided there are two (2) side yards for each permitted use,

71
 each of which is ten (10) feet or more, plus one (1) foot or more per side yard for
each additional foot of building height over thirty-five (35) feet;

701.03-2 A public or semipublic building such as a school, church, library, or general 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) foot for each foot in height over
thirty-five (35) feet;

701.03-3 Church spires, belfries, cupolas, monuments, water, silo, barns, towers, chimneys,
flues, flag poles, television and radio antenna are exempt, except for those structures
exceeding two hundred (200) feet in height where written approval from the Federal
Aviation Administration is necessary. Parapet walls may be up to four (4) feet above
the height of the building on which the walls rest.

702.00 ADDITIONAL BUILDINGS ON A SINGLE LOT

After a review of an application, additional buildings on the same lot or parcel of land may be
permitted.

702.01 Additional Dwellings. Additional dwellings on a single lot may be permitted

provided that:

702.01-1 Additional dwellings conform to the minimum lot area, minimum lot width,
maximum lot coverage, and yard requirements;

702.01-2 The arrangement of such additional dwellings are in such a manner so that if the lot
or parcel of land is ever subdivided no substandard lots are created;

702.01-3 Each additional dwelling has access to a public street by means of a passageway
open to the sky at least fifteen (15) feet in width.

702.02 Temporary Buildings. Temporary buildings used in conjunction with construction

work only may be permitted in any district but shall be removed immediately upon
completion or abandonment of construction.

702.03 Accessory Buildings. The location of accessory buildings and uses must meet the
following conditions:

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TABLE 1

73
TABLE 2

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702.03-1 Where an accessory building is attached to the main building, a substantial part of
one wall of the accessory building shall be an integral part of the main building or
such accessory building shall be attached to the main building in a substantial
manner by a roof and, therefore, such attached accessory building shall comply in all
respects with the requirements applicable to the main building;

702.03-2 A detached accessory building shall be located as prescribed in Table 1 for the
district in which the lot is located;

702.03-3 A detached accessory building, not more than two (2) stories in height, may be
constructed on not more than thirty (30) percent of the rear yard;

702.03-4 No detached accessory building may be located in the front yard of a lot.

703.00 OFF-STREET PARKING

Off-street automobile storage or parking space shall be provided on every lot on which any
permitted or conditional use is established in accordance with these Land Use Regulations.

703.01 General Requirements. For the purpose of these Land Use Regulations, the
following general requirements are specified:

703.01-1 The term "off-street parking space" shall mean a space at least ten (10) feet wide and
twenty (20) feet in length with a minimum net area of two hundred (200) square feet,
excluding area for egress and ingress and maneuvering of vehicles;

703.01-2 Parking spaces for all dwellings shall be located on the same lot with the main
buildings to be served;

703.01-3 If an off-street parking space cannot be reasonably provided on the same lot on
which the main use is conducted, such space may be provided on other off-street
property, provided such space lies within six hundred (600) feet of the property line
of such main use;

703.01-4 The required number of parking spaces for any number of separate uses may be
combined in one lot, but the required space assigned to one use may not be assigned
to another use at the same time;

703.01-5 Area reserved for off-street parking in accordance with the requirements of these
Land Use Regulations shall not be reduced in the area, encroached upon, or changed
to any other use unless the use which it serves is discontinued or modified;

703.01-6 Off-street parking existing at the effective date of these Land Use Regulations in
connection with the operation of an existing building or use shall not be reduced to
an amount less than hereinafter required for a similar new building or use. Existing

75
 off-street parking which is provided in an amount less than the requirements stated
hereinafter shall not be further reduced.

703.02 Site Requirements. All off-street parking shall be laid out, constructed, and
maintained in accordance with the following requirements:

703.02-1 All such parking areas, except those serving one (1) and two (2) family dwellings,
shall be surfaced with stone, concrete, or plant bituminous material and maintained
in a dust-proof manner. A good stand of vegetative cover shall be maintained on the
remainder of the lot;

703.02-2 Lighting facilities shall be so arranged that light is reflected away from adjacent
properties;

703.02-3 The parking lot shall be adequately drained;

703.02-4 Off-street parking spaces in commercial and industrial districts shall be clearly
marked;

703.02-5 Access to the parking lot from adjacent streets shall be provided in accordance with
the following requirements:

(a) Access shall be provided by means of not more than two (2) driveways for the
first one hundred twenty (120) feet of frontage along any one (1) street and
shall have not more than one (1) additional driveway for each additional one
hundred fifty (150) feet of street frontage;

(b) Entrances or exits shall have access widths along the edge of the street
pavement of not more than forty (40) feet as measured parallel to the street, and
shall be located not closer than twenty (20) feet to street intersections nor ten
(10) feet to adjoining property lines;

(c) Access driveways shall not be closer than twenty (20) feet from adjacent
driveways at any point from the edge of the pavement to the right-of-way line.

703.03 Parking Space Requirements for All Districts. In all districts, there shall be
provided off-street automobile storage or parking space with vehicular access to a
street or alley, and shall be equal in area to at least the minimum requirement for the
specific land use set forth.

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LAND USE PARKING REQUIREMENTS

703.03-1 Dwellings:

a. One (1) and two (2) families. Two (2) spaces for each dwelling unit.

b. Multi-family, townhouses. Two (2) spaces per dwelling unit except for efficiency
apartments for which one (1) space per dwelling unit shall
be provided.

c. Hotels, motels. One (1) space for each bedroom plus one (1) additional
space for each two (2) employees, plus one (1) for each 500
sq. ft. of common area.

d. Manufactured homes (parks and subdivisions). Two (2) spaces per manufactured home.

e. Travel trailer parks. One (1) space for each travel trailer, motor home, or
camper.

f. Board and rooming houses, dormitories. One (1) space for each bedroom.

703.03-2 Public Assembly:

a. Newly constructed churches and other places of One (1) space for each five (5) seats in the main auditorium
worship. or sanctuary.

b. Private clubs, lodges, and fraternal or sororal One (1) space for each three hundred (300) square feet of
buildings not providing overnight accommodations. floor area.

c. Theaters, auditoriums, coliseums, stadiums, and One (1) space for each five (5) seats.
similar places of assembly.

d. Schools, including kindergartens, playschools, and One (1) space for each employee, including teachers and
day care centers. administrators, plus five (5) spaces per classroom for high
school and colleges; plus one (1) space for each five (5)
seats in assembly rooms.

e. Skating rinks, dance halls, exhibition halls, pool One (1) space for each two hundred (200) square feet of
rooms, and other places of amusement or assembly floor area.
without fixed seating arrangements.

f. Bowling alleys. Two (2) spaces for each alley.

g. Libraries, museums. One (1) space for each five hundred (500) square feet of
floor area.

703.03-3 Health Facilities: One (1) space for each two (2) beds, plus one (1) space for
each staff doctor, plus one (1) space for each four (4)
a. Hospitals, and similar uses. employees on the maximum working shift.

b. Kennels and animals hospitals. A net parking area equal to thirty (30) percent of the total
enclosed or covered area.

c. Medical, dental, and health offices and clinics. At least ten (10) spaces. Three (3) additional parking
spaces shall be furnished for each doctor and dentist having
office in such clinics in excess of three (3) doctors or
dentists plus one (1) space per each two (2) staff and
employees.

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 d. Homes for adults and similar uses. One (1) space for each four (4) beds plus one (1) space for
every three (3) employees.

703.03-4 Businesses:

a. Automobile repair establishments. One (1) space for each three hundred (300) square feet, with
a minimum of ten (10) spaces.

b. Food stores. One (1) space for each two hundred (200) square feet of
floor area designated for retail sales only.

c. Restaurants, including bars, cafes, taverns, night One (1) space for each four (4) seats provided for patron
clubs, lunch counters, and all similar dining and/or use, plus one (1) space per employee on average shift.
drinking establishments.

d. Office buildings, including banks, business, One (1) space for each three hundred (300) square feet of
commercial and professional offices and buildings but ground floor area, plus one (1) space for each five hundred
not including medical, dental, and health offices and (500) square feet of upper floor space.
clinics.

e. General business, commercial or personal service One (1) space for each two hundred (200) square feet of
establishments catering to the retail trade. floor area designated for retail sales.

f. Governmental offices. One (1) space for each three hundred (300) square feet of
ground floor area plus one (1) space for each five hundred
(500) square feet of upper floor area and one (1) space for
each governmental vehicle.

g. Shopping centers. One (1) space per two hundred (200) square feet or retail
sales area.

h. Furniture stores. One (1) space for each one thousand (1,000) square feet of
gross floor area.

i. Public utilities, such as telephone exchanges and One (1) space for each employee on the maximum shift
substations, radio and television stations, and electric plus a parking area equal to twenty-five (25) percent of the
power and gas substations. gross floor area.

j. Mortuaries and funeral parlors. Five (5) spaces per parlor unit or chapel unit, or one (1)
space per four (4) seats, whichever is greater.

703.30-5 Industries: One (1) space for each three (3) employees on the
maximum working shift, plus one (1) space for each
a. Manufacturing and industrial establishments not company vehicle or manufactured equipment operating
catering to the retail trade. from the premises.

b. Wholesale establishments. One (1) space for every fifty (50) square feet of customer
service area, plus two (2) spaces for each three (3)
employees on the maximum working shift, plus one (1)
space for each company vehicle operating from the
premises.

703.04 Off-Street Loading and Unloading Space. Off-street loading and unloading spaces
shall be provided as hereinafter required by these Land Use Regulations.

703.04-1 Floor area over ten thousand (10,000) square feet. There shall be provided for each
hospital, hotel, commercial, or industrial building, or similar use requiring the receipt
or distribution of materials or merchandise, and having a floor area of more than ten
thousand (10,000) square feet, at least one (1) off-street loading space for each ten

78
 thousand (10,000) square feet of floor space or fraction thereof. Such space shall be
so located as not to hinder the free movement of pedestrians and vehicles over a
sidewalk, road, or alley;

703.04-2 Floor area less than ten thousand (10,000) square feet. There shall be provided for
each hospital, hotel, commercial, or industrial building requiring receipt or
distribution of materials or merchandise and having a floor area of less than ten
thousand (10,000) square feet, sufficient off-street loading space (not necessarily a
full space if shared by an adjacent establishment) so located as not to hinder the free
movement of pedestrians and vehicles over a sidewalk, road, or alley;

703.04-3 Size of off-street loading spaces shall have minimum dimensions of fourteen (14)
feet in height, twelve (12) feet in width, and seventy (70) feet in length;

703.04-4 Connection to Road or Alley. Each required off-street loading space shall have direct
access to a road or alley or have a driveway which offers satisfactory ingress and
egress for trucks;

703.04-5 Permanent Reservation. Area reserved for off-street loading in accordance with the
requirements of these Land Use Regulations shall not be reduced in area or changed
to any other use unless the use which is served is discontinued or modified, except
where equivalent loading space is first provided that meets the requirements herein.

704.00 JUNKYARDS AND AUTOMOBILE GRAVEYARDS

Title 33.1, Chapter 6, Section 33.1-348 of the Code of Virginia, 1950, as amended, establishes the
criteria for review of the proposed location of junkyards and automobile graveyards. These
provisions are hereby incorporated and establish the criteria for licensing junk dealers. This section
of the Bath County Land Use Regulations incorporates the provisions of the above referred sections
of the State Code. Junkyards or automobile graveyards, meeting the following criteria, may be
permitted upon a conditional use hearing as provided in Article 8.

704.01 Criteria for the Location of Junkyard or Automobile Graveyards. (See Title 33.1-
348 of the Code of Virginia, 1950, as amended.) No junkyard or automobile
graveyard shall be established, any portion of which is within one thousand (1,000)
feet of the nearest edge of the right-of-way of an interstate or primary highway or
within five hundred feet (500) of the nearest edge of the right-of-way of any other
highway, except:

704.01-1 Junkyards or automobile graveyards which are screened by natural objects,

plantings, fences, or other appropriate means so as not to be visible from the
main-traveled way of the highway, or otherwise removed from sight;

704.01-2 Junkyards or automobile graveyards which are established, any portion of which is
not within the floodplain as delineated by the Federal Emergency Management

79
 Association or not within five hundred (500) feet from the normal high water
devotion of any stream, river, pond, or lake;

704.01-3 Junkyards and/or automobile graveyards which are granted a Conditional Use Permit
and located in areas which are zoned Agricultural Limited, A-1; Agricultural
General, A-2; General Business, B-2; or Industrial, M-1;

704.01-4 Junkyards and/or automobile graveyards which are not visible from the
main-traveled way of the highway;

704.01-5 Automobile graveyards and/or junkyards in existence at the time of the adoption of
these Land Use Regulations are to be considered as nonconforming uses. They shall
be allowed up to one (1) year after adoption of these Land Use Regulations in which to
completely screen the operation or use, on any side open to public view, by a masonry
wall, a uniformly painted solid board fence, or an evergreen hedge six (6) feet in
height, or other suitable screening as defined in Section 711.05.

704.02 Licensed Automobile Graveyards or Junkyards in Existence at the Time of

Adoption. Licensed automobile graveyards or junkyards in existence at the time of the
adoption of these Land Use Regulations, as amended, are considered as
nonconforming uses (see Section 708.03).

705.00 HOME OCCUPATIONS

Home occupations meeting all the “special requirements” of Section 705.01 (subsections 705.01-1
through 705.01-7) shall be permitted as an Accessory Use in all districts unless the particular activity
requires a Conditional Use Permit or is expressly prohibited within such district. These Land Use
Regulations shall use a Conditional Use Permit approach for home occupations which are unable to
meet and/or which violate one (1) or more of the “special requirements” in Section 705.01. The use
of Conditional Use Permits is to insure compatibility of such home occupations with surrounding
residential uses. Custom or tradition are not to be considered as criteria for the evaluation of home
occupation. The Zoning Administrator may request advice from the Planning Commission and/or
Board of Zoning Appeals as appropriate.

705.01 Special Requirements. Home occupation, where permitted, must meet the following
special requirements:

705.01-1 The applicant must be the owner of the property on which the home occupation is to
be located, or must have written approval of the owner of the property if the applicant
is a tenant;

705.01-2 The home occupation shall be operated only by the members of the family residing on
the premises and no article or service shall be sold or offered for sale except as may be
supplied, manufactured, or conducted by members of the family residing on the
premises;

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705.01-3 The home occupation when restricted to the main building shall not occupy more than
twenty-five (25) percent of the floor area within said building;

705.01-4 The home occupation shall not generate excessive traffic or produce obnoxious odors,
glare, noise, vibration, electrical disturbance, radioactivity, or other conditions
detrimental to the character of the surrounding area, and in general, shall give no
evidence of nonresidential character of use other than through the use of a sign
meeting requirements for professional name plates, as spelled out in Section 706.03-4;

705.01-6 Additional off-street parking may be required by the Zoning Administrator after
review of the application;

705.01-7 The applicant for a home occupation may be required to present evidence that a county
fire company has approved the proposed use with regard to fire safety.

705.02 Expiration and Revocation. A Zoning Permit for home occupations shall expire or be
revoked under the following conditions:

705.02-1 Whenever the applicant ceases to occupy the premises for which the Home
Occupation Permit was issued. No subsequent occupant of such premises shall engage
in any home occupation until he shall have been issued a new permit after proper
application;

705.02-2 Whenever the holder of such a permit fails to exercise the same for any period of six
(6) consecutive months;

705.02-3 Whenever the Board of Zoning Appeals finds that the holder of the permit has violated
the conditions of the permit for one (1) or more of the "special requirements" in
Section 705.01.

706.00 SIGNS

706.01 Intent. The purpose of the following sign requirements is to promote and protect the
public health, welfare, and safety by regulating existing and proposed outdoor
advertising, and outdoor signs of all types. It is intended to protect property values,
create a more attractive economic and business climate, and enhance and protect the
scenic and natural beauty of Bath County. It is further intended to reduce sign or
advertising distraction and obstructions that may be caused by signs overhanging or
projecting over public right-of-way, provide more open space, curb the deterioration of
the natural environment, and enhance community development.

706.02 General Requirements:

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706.02-1 Except as provided in Section 706.03 below, no outdoor advertising sign or structure
shall be erected without Zoning and Building Permits. Failure to adhere to the
requirements of these Land Use Regulations automatically cancels such permits and
said structure or sign shall be removed forthwith;

706.02-2 For the purpose of computing sign area only one side of a "V-Type" or double-faced
sign shall be considered;

706.02-3 Roof top signs or roof top sign structures shall not extend more than twenty (20) feet
above the roof line. Roof top signs or sign structures shall not extend beyond or
overhang any exterior wall of the building upon which secured;

706.02-4 No sign or sign structure shall be located in such a manner as to materially impede the
view of any road intersection, or in such a manner as to materially impede the view of
the intersection of a road with a railroad grade crossing;

706.02-5 No sign shall be erected, relocated, or maintained so as to prevent free ingress to or

egress from any door, window, or fire escape;

706.02-6 No portion of any sign structure except official road markers, which shall adhere to the
applicable State and local laws, shall be less than ten (10) feet above the level of an
adjacent sidewalk or other pedestrian thoroughfare, no less than sixteen (16) feet
above the level of an adjacent public driveway, alley or street;

706.02-7 All signs, whether permanent or temporary, shall comply with the applicable
requirements of the Building Code;

706.02-8 In the event any sign is to be relocated, it shall be required that the owner of said sign
obtain a new Zoning and Building Permits;

706.02-9 All sign structures may be erected up to a height of thirty-five (35) feet, except in the
business and industrial districts which may be erected up to a height of one hundred
(100) feet;

706.02-10 All signs coming within the jurisdiction of State and Federal laws along Interstate
Highway and Federal-aid primary highway systems shall conform to said laws in lieu
of any other sign regulations in these Land Use Regulations;

706.02-11 All signs in existence at the time of the passage of these Land Use Regulations, which
do not conform to these Regulations, shall be classified as nonconforming, but may be
continued providing they are properly maintained during the life of such advertisement
or advertising structure.

706.03 Permissible Signs in All Districts. The following signs are allowed in all districts and
shall be exempt from permit requirements:

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706.03-1 Real estate signs advertising sale, rental, or lease of the land or building upon which
signs are located, provided that:

(a) In residential districts, real estate signs shall not be in excess of six (6) square
feet, and no more than two (2) such signs on any single lot;

(b) In business districts, there shall be no sign in excess of thirty-two (32) square
feet and no more than three (3) such signs on any single lot;

(c) In industrial districts, there shall be no sign in excess of ninety (90) square feet
and no more than three (3) such signs on any single lot;

706.03-2 Informational signs of a public or quasi-public nature identifying or locating civic,

educational, or cultural purpose and signs drawing attention to public parking lots, rest
rooms, or to other public convenience relating to such places or activities are
permitted. Such signs shall not exceed an area of six (6) square feet, shall not be
illuminated, shall contain no advertising matter, and shall be set back not less than five
(5) feet from the fronting highway; Nothing contained herein shall be construed to
limit the effect of Section 706.03-3;

706.03-3 Official notices or signs posted or displayed by or under the direction of any public or
court officer in the performance of his official or directed duties, or by trustees under
deeds of trust, deeds of assignment or other similar instruments. Such signs shall not
exceed an area of two (2) square feet, shall not be illuminated and shall contain no
advertising matter, other than that which may be required by law;

706.03-4 Professional name plates not exceeding two (2) square feet in area, such signs to be
non-illuminated;

706.03-5 One (1) sign or bulletin board indicating the name of the institution or civic association
not exceeding ten (10) square feet in area on premises of public or semipublic
facilities;

706.03-6 Signs located on the premises relating to active construction projects;

706.03-7 Memorial signs or tablets, including names of buildings and date of erection when cut
into masonry, bronze, or other materials;

706.03-8 Traffic or other public signs or notices posted or erected by or at the direction of a
governmental agency;

706.03-9 Customary signs, in conjunction with residential usage, including mailbox lettering,
names of residents, house numbers, names of farms and estates, and other similar
usage not exceeding ten (10) square feet;

706.03-10 One (1) subdivision identification sign at the main entrance or entrances to the
subdivision sufficiently set back from the main road leading to the subdivision

83
 entrance to preserve a clear safe zone along the main road as determined by the
Resident Engineer provided that such sign shall not exceed one hundred (100) square
feet, may be illuminated, shall be so designed as to be in the public interest, and shall
make no reference to the sale or lease of the lots or houses located within said
identified subdivision.

706.03-11 Temporary signs, excluding political advertisements:

(a) Not permitted longer than sixty (60) days.

(b) Shall be removed by sign owner within five (5) days after the date of the event or
activity to which the sign makes reference, or if he fails to do so, by the Zoning
Administrator at the owner's expense five (5) days following registered
notification of the owner.

(c) No temporary sign shall exceed thirty (30) square feet per sign area.

(d) All portable and vehicular signs shall adhere to the requirements set forth herein
except for those signs not exceeding forty (40) square feet and attached to
vehicles which are used primarily for other purposes than displaying an outdoor
advertising sign.

706.04 Signs as Permitted Uses. The following signs are permitted uses in the following
districts without a public hearing:

706.04-1 Residential Districts. Within any Residential District, the following signs are
permitted:

(a) One (1) sign for each subdivision relating to the sale of property within said
subdivision, provided that such sign shall be within said subdivision, shall not
exceed thirty (30) square feet per sign area, shall not be illuminated, shall be
maintained at subdivider's expense, and shall be removed by subdivider when
eighty (80) percent of the lots in said subdivision are sold.

(b) Where multi-family dwellings are a permitted use, one (1) sign for identifying
multi-family dwellings of more than six (6) units, provided that such sign shall
be located only on the premises of the multi-family dwellings, shall not exceed
nine (9) square feet in area, shall indicate nothing other than the name and/or
address of the premises, and the name of the management, and may be
illuminated only by indirect illumination.

(c) Directional signs for parks and playgrounds and other permitted nonresidential
use, provided that such signs shall not exceed four (4) square feet in area, shall
be within one (1) mile of the use, and shall not be illuminated.

706.04-2 Business Districts. Within all business districts, except Section 611.00, Planned
Business District, B-3, the following signs are permitted:

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 (a) Business signs having a maximum aggregate area not to exceed one hundred
(100) square feet provided that no sign attached to a building shall project more
than five (5) feet beyond the face of the building.

706.04-3 Industrial Districts. Within any Industrial District, the following signs are permitted:

(a) Business sign or signs having a maximum aggregate area not to exceed one
hundred (100) square feet provided that no sign shall project more than five (5)
feet beyond the face of the building.

(b) Directional signs for industrial uses provided that such signs shall not exceed
four (4) square feet and shall be within one (1) mile of said industrial use.

706.05 Signs as Conditional Uses. The following signs may be permitted as conditional uses:

706.05-1 Signs related to conditional uses. Except as hereinafter provided within any residential
district, signs relating to buildings and uses permitted conditionally are permitted as
conditional uses, provided that they shall not exceed twenty (20) square feet per sign
area; shall indicate nothing other than the activity engaged in, the name of the owner,
firm, organization, or agency, and the hours of activity, shall be limited to two (2)
signs per use; and may be indirectly illuminated at the discretion of the Board. In
business and industrial districts, signs relating to buildings and uses permitted
conditionally shall be permitted as conditional uses, provided that all requirements of
sign area and character for permitted signs are met;

706.05-2 Directional signs related to conditional use. Within any residential district, directional
signs for uses and buildings permitted conditionally are permitted as conditional uses,
provided that they shall not exceed four (4) square feet per sign area, shall be within
one (1) mile of the use, and shall not be illuminated;

706.05-3 Outdoor advertising signs, one (1) for each lot of one hundred (100) feet or less of lot
frontage with one (1) additional such sign for each additional one hundred (100) feet
or less of lot frontage under single or separate ownership at the time of the passage of
these Land Use Regulations, and provided said sign shall not exceed sixteen (16)
square feet in area per sign structure facing.

706.06 Signs Prohibited in all Districts. The following signs are prohibited in all districts:

706.06-1 Any sign which uses the words "stop" or "danger" prominently displayed or which is a
copy or imitation of official traffic control signs;

706.06-2 Any sign which contains flashing or intermittent illumination;

706.06-3 Any sign which is manufactured and is designed to and effectively does distract the
attention of passing motorists on any highways by loud and blatant noises, movable
objects, or flashing lights.

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706.07 Maintenance and Removal of Signs:

706.07-1 All signs and sign structures shall be kept in repair and in proper state of preservation.
All signs must adhere to the provisions of the Building Code;

706.07-2 Signs which are no longer functional, or are abandoned, shall be repaired, removed, or
relocated at the owner's expense in compliance with the provisions of these Land Use
Regulations within thirty (30) days following disfunction.

707.00 MANUFACTURED HOMES

Any manufactured home placed in the County of Bath after the date of enactment or amendment of
these Land Use Regulations, shall meet the following requirements:

707.00-1 All manufactured homes shall meet the plumbing requirements and the electrical
wiring and connection, construction, blocking, and anchoring requirements of the
Virginia State Building Code and shall display the seal of a testing laboratory
approved by the State of Virginia;

707.00-2 All manufactured homes shall be completely skirted such that no part of the
undercarriage shall be visible to a casual observer, in accordance with methods and
materials approved by the Building Official;

707.00-3 All manufactured homes shall be supplied with public water and wastewater disposal
or such individual service evidenced by permits from the Health Department.

707.01 Manufactured Home Lot Requirements.

707.01-1 An individual manufactured home lot shall meet the requirements of Article 9 of these
Land Use Regulations and Table 1, Zoning Schedule, Single Structural Uses.

707.02 Manufactured Home Park and Setback Requirements. All manufactured home
parks shall meet the requirements of Article 9 of these Land Use Regulations and
Table 2, Bath County Lot Regulations for Manufactured Home Parks and
Subdivisions and the following requirements:

707.02-1 A minimum of five (5) spaces shall be completed and ready for occupancy before the
first occupancy is permitted;

707.02-2 The overall density of any manufactured home park shall not exceed seven (7) units
per gross acre. The density of any particular acre within such park shall not exceed
eight (8) units per gross acre;

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707.02-3 No main or accessory building shall be located closer than twenty-five (25) feet to any
property line of a manufactured home park.

707.03 Manufactured Home Accessory Structures. All manufactured home accessory

structures erected or constructed after the date of enactment or amendment of these
Land Use Regulations must meet the following requirements:

707.03-1 All manufactured home accessory structures must meet the plumbing, electrical
connection, wiring, construction, and other applicable requirements of the Building
Code;

707.03-2 Except in the case of an awning, ramada, or other shade structure, where a
manufactured home accessory structure is attached to the manufactured home unit, a
substantial part of one wall of the accessory structure shall be flush with part of the
manufactured home unit, or such accessory structure shall be attached to the
manufactured home unit in a substantial manner by means of a roof. All manufactured
home accessory structures, whether attached or detached, shall be designed and
constructed as free standing structures. No detached manufactured home accessory
structure, except ramadas, shall be erected closer than seven and a half (7½) feet to a
manufactured home;

707.03-3 Manufactured home accessory structures, except ramadas, shall not exceed the height
of the manufactured home;

707.03-4 No manufactured home accessory structure shall be erected or constructed on any

manufactured home lot or stand except as an accessory to a manufactured home.

707.03-5 The rear yard of each manufactured home stand may be provided with one (1)
clothesline which shall be exempt from setback and other requirements of
manufactured home accessory structures.

707.04 Manufactured Home Park Application and Site Plan. Applicants for manufactured
home parks shall meet the following special requirements:

707.04-1 The following information shall be required of site plans:

(a) The date of the site plan, the name of the surveyor and the number of sheets
comprising the site plan;

(b) The scale and the north designation;

(c) The name and signature of the owner and the name of the proposed park, said
name shall not closely approximate that of any existing manufactured home park
or subdivision in the County of Bath;

(d) A vicinity map showing the location and area of the proposed park;

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 (e) The boundary lines, area, and dimensions of the proposed park, with the
locations of property line monuments shown;

(f) The names of all adjoining property owners;

(g) Proposed layout, including interior streets with dimensions and such typical
street cross sections and centerline profiles as may be required in evaluating the
street layout; water, sewer, drainage, and utility lines, facilities and connections,
with dimensions shown; location and type of solid waste collection facilities;
interior monuments and lot lines, dimensions, and areas of manufactured home
lots, common open space and recreation areas, common parking areas, and other
common areas; locations and dimensions of manufactured home stands and
parking spaces, management offices, laundry facilities, recreation buildings, and
other permanent structures; location and nature of fire fighting facilities,
including hydrants, fire extinguishers, and other fire fighting equipment; location
of fuel storage facilities and structure of high flammability; and location and
dimensions of landscaping amenities, including street lights, sidewalks, planted
areas, significant natural features to be retained, and fencing and screening.

707.04-2 The site plan shall be accompanied by a narrative statement describing how the
standards and requirements set forth herein are to be met, a statement from the Health
Official certifying approval of the proposed site plan and, where appropriate,
statements from the Virginia Department of Transportation Highway Resident
Engineer certifying approval of the street and drainage, water and sewer, or utility
system layouts by the owner/operation.

707.05 Manufactured Home Park Design Standards.

707.05-1 Streets. An internal street system shall be provided to furnish convenient access to
manufactured home stands and other facilities in the park, shall be designed such that
connection to existing drainage and utility systems is convenient, and shall meet the
following requirements; in addition to such other reasonable standards and
requirements as may be established by the Governing Body:

(a) All internal streets shall be permanently paved with a durable, dust-proof, hard
surface. Minimum pavement widths shall be sixteen (16) feet for streets;

(b) Dead-end streets shall be limited in length to six hundred (600) feet, shall be
provided with cul-de-sacs with turning areas of not less than forty (40) feet in
radius;

(c) Streets shall be adapted to the topography, shall follow the contours of the land
as nearly as possible, and shall have safe grades and alignments;

(d) Driveway entrances to manufactured home parks from any public street or road
shall conform to the current construction standards of the Department of
Transportation.

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707.05-2 Vehicle Parking. Off-street parking shall be provided for the use of occupants at the
minimum ratio of 2.0 car spaces (each space containing a minimum of one hundred
eighty [180] square feet) for each manufactured home. Each off-street parking space
shall be paved or graveled and have unobstructed access to either a public or private
street. On street parking is prohibited unless the paved street on which the
manufactured home fronts is expanded to accommodate additional parking lanes or
parking bays;

707.05-3 Lighting. All streets and walkways within the manufactured home park shall be
lighted;

707.05-4 Disposition of Garbage and Rubbish. It shall be the responsibility of the

manufactured home park to collect or cause to be collected and disposed of garbage
and rubbish as frequently as may be necessary in accordance with the Bath County
Solid Waste Ordinance;

707.05-5 Installation of Storage Tanks. Gasoline, liquefied petroleum, gas, or oil storage tanks
shall be so installed as to comply with all County, State, and Federal fire prevention
and protection regulations;

707.05-6 Open Spaces. Where manufactured home lot sizes are relied on primarily to provide
for open space, lots and stands shall be so grouped as to maximize the amount of
usable space, while meeting the minimum yard requirements set forth in Section
707.01 of these Land Use Regulations;

707.05-7 Record of Tenants for Manufactured Home Parks. The operator of a manufactured
home park shall keep an accurate register of all tenants occupying manufactured
homes located in the park. The register shall show the name and permanent residence
address of the owner and occupants of any manufactured home located in the park, the
make and registration of any manufactured home, the time and date of arrival and
departure, and such other information as might be necessary to provide information
about the occupants of the manufactured home. These records shall be open to the
law enforcement officers and public officials whose duties necessitate acquisition of
the information contained in the register. The register record for each occupant
registered shall not be destroyed for a period of three (3) years following the date of
departure of the registrant from the park;

707.05-8 Certificate of Use and Occupancy Required. No manufactured home shall be

occupied nor accessory structure used in any manufactured home park until a
certificate of occupancy and/or use shall have been issued by the County Building
Inspector to the effect that the manufactured home park or the portion thereof for
which such certificate is requested is in compliance with all applicable provisions of
these Land Use Regulations. Such certificate shall not be issued until after the same
has been approved by the Health Department, Zoning Administrator, and other
agencies as required.

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707.06 Manufactured Home Subdivision Requirements.

707.06-1 Manufactured Home Subdivisions shall meet the requirements of Article 9 of these
Land Use Regulations and Table 2, Bath County Lot Regulations for Manufactured
Home Parks and Subdivisions;

707.06-2 The orientation of a manufactured home on a lot in a manufactured home subdivision

shall have the side of the manufactured home with the longest dimension parallel to
the street.

708.00 NON-CONFORMING LOTS, BUILDINGS, AND USES

It is the intent of these Land Use Regulations to recognize that the elimination of existing lots,
buildings, and structures or uses that are not in conformity with the provisions of these Land Use
Regulations is as much a subject of health, safety, and general welfare as is the prevention of the
establishment of new uses that would violate the provisions of these Land Use Regulations. It is,
therefore, the intent of these Land Use Regulations to permit these non-conformities to continue, but
not to encourage their survival, permit their expansion, or permit their use as grounds for adding other
structures or uses prohibited elsewhere in the same district.

Therefore, any structure or use of land existing at the time of the enactment of these Land Use
Regulations, and amendments thereto, but not in conformity with its regulations and provisions, may
be continued, unless otherwise stated with these Land Use Regulations, subject to the following
provisions:

708.01 Lots of Record. Where a lot of record at the time of enactment of these Land Use
Regulations does not contain land of sufficient area or width to permit conformity with
the dimensional requirements of these Land Use Regulations, the following provisions
shall apply:

708.01-1 When two (2) or more adjoining and vacant lots with continuous frontage are in single
ownership at the time of enactment of these Land Use Regulations or amendments
thereto, and each of such lots have a width or lot area less than is required by the
district in which they are located, such lots shall be platted and reparceled so as to
create one (1) or more lots which conform to the minimum lot width and area
requirements of the district;

708.01-2 Where a single non-conforming lot of record at the time of enactment or amendment
of these Land Use Regulations is not of continuous frontage with other lots in the same
ownership, such lot may be used as a building site, provided that yard dimensions and
requirements other than those applying to area or width of the lot shall conform to the
regulation for the district in which such lot is located. Variances of yard requirements
may be obtained only through appeal to the Board, as outlined in Section 807.00
herein.

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708.02 Nonconforming Structures. Where a lawful structure exists at the time of enactment
or amendment of these Land Use Regulations that could not be built in the district in
which it is located by reason of restrictions on lot coverage, height, yard dimensions,
or other requirements, such structure may be continued so long as it remains otherwise
lawful, subject to the following provisions:

708.02-1 Any structure or portion thereof declared unsafe by the Building Official may be
restored to a safe condition, provided that the requirements of this section are met, and
that the cost of restoration of the structure to a safe condition shall not exceed fifty (50)
percent of its replacement cost at the time of the Building Official declaration;

708.02-2 No nonconforming structure may be enlarged or altered in any way which increases its
non-conformity, and any structure or portion thereof may be altered to decrease its
non-conformity;

708.02-3 Notwithstanding the provisions of Section 708.02-2 above, whenever repairs on or

installation of plumbing fixtures in residential structures is required by law or
administrative action of the Health Official or the Building Official, such alterations
shall be permitted, provided that where such alterations require an addition to the
structure, such addition shall be no nearer the lot line than permitted by the
requirements of these Land Use Regulations. Where an existing residential structure
exceeds these requirements, the said addition shall extend no nearer the lot line than
the existing building line;

708.02-4 Should a nonconforming structure be moved, it shall thereafter conform to the yard
dimension requirements of the district in which it is located after it is moved;

708.02-5 Should a nonconforming structure or nonconforming portion of a structure be

destroyed by any means, it shall be reconstructed in conformity with provisions of
these Land Use Regulations, so far as practicable, but not to any greater degree of
non-conformity.

708.03 Nonconforming Uses of Land. Where a lawful use of land exists at the time of
enactment or amendment of these Land Use Regulations that would not be permitted
by the regulations imposed herein and where such is either: (1) an accessory use
involving the use of no separate accessory structure; or (2) a principal use involving no
individual structure, such use may be continued as long as it remains otherwise lawful,
subject to the following provisions:

708.03-1 No such nonconforming use shall be enlarged or increased nor extended to occupy a
greater area of land than was occupied at the time of enactment or amendment of these
Land Use Regulations;

708.03-2 No such nonconforming use shall be moved in whole or in part to any portion of the
lot or parcel other than that occupied by such use at the time of enactment or
amendment of these Land Use Regulations;

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708.03-3 In the event that such use ceases for reasons other than destruction for a period of more
than one hundred and eighty (180) days, any subsequent use shall conform to all
requirements of these Land Use Regulations for the district in which the land is
located;

708.03-4 No additional structure not conforming to the requirements of these Land Use
Regulations shall be constructed in connection with such nonconforming use.

708.04 Nonconforming Uses of Structure. Where a lawful use involving an individual

structure or structures in combination, exists at the time of enactment or amendment of
these Land Use Regulations, that would not be permitted in the district in which it is
located under the requirements of these Land Use Regulations, such use may be
continued as long as it remains otherwise lawful, subject to the following provisions:

708.04-1 No structure existing at the time of enactment or amendment of these Land Use
Regulations devoted to a nonconforming use shall be enlarged, extended, moved, or
structurally altered, except repairs on or installation of plumbing fixtures required by
law or administrative action of the Health Official or the Building Official, or the
changing of interior partitions or interior remodeling, or in changing the use of the
structure to a conforming use;

708.04-2 A nonconforming use of a structure may be extended to include use of the entire
structure, but shall not be extended to include either additional structures or land
outside the structure;

708.04-3 When a nonconforming use of a structure or structures and premises in combination is

discontinued or abandoned for one (1) year, or for eighteen (18) months during any
three (3) year period, except when government action impedes access to the premises
or when a nonconforming use is superseded by a permitted use, the structure and
premises shall not thereafter be used except in conformity with the regulations of the
district in which it is located;

708.04-4 Upon application to the Board of Zoning Appeals, as provided in Article 8 of these
Land Use Regulations, any nonconforming use of a structure or structures and
premises in combination may be changed to another nonconforming use if the Board
shall find that the proposed use is equally appropriate or more appropriate to the
district than the existing use. The Board may impose such conditions relating to the
proposed use as it may deem necessary in the public interest and may require a cash
bond or equivalent, a surety bond of a surety company, or a certified check payable to
the Treasurer of Bath County, be supplied in an amount equal to the estimated cost of
complying with the conditions imposed to insure that the conditions imposed are being
and will continue to be met.

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709.00 SPECIAL REGULATIONS FOR TOWNHOUSES

709.01 No more than ten (10) townhouses shall be included in any townhouse grouping.

709.02 Attached dwellings shall be separated by a noncombustible party wall to the roof line,
with a fire resistance of not less than two (2) hours duration.

709.03 Each townhouse building shall front on a street dedicated to public use. If access is to
be provided by means of privately owned and maintained streets, the streets including
curbs, gutters, and sidewalks shall be developed according to standards found in
Subdivision Street Requirements by the Virginia Department of Transportation by
authority of Section 33.1-12, 33.1-69, and 33.1-229 of the Code of Virginia, 1950, as
amended.

709.04 Common areas shall be maintained by and be the sole responsibility of the
developer-owner of the townhouse development until such time as the
developer-owner conveys such common area to homeowner's association whose
members shall be all the individual owners of the townhouses in the townhouse
development. Said land shall be conveyed to and be held by said homeowner's
association solely for recreational and parking purposes of the owners of the individual
townhouse lots in the development. In the event of such conveyance by the
developer/owner to a homeowner's association, deed restrictions and covenants shall
provide, among other things, that any assessments, charges for cost of maintenance of
such common areas shall constitute a pro-rata lien upon the individual townhouse lots.
Maintenance of townhouse exteriors, lawns, refuse handling, taxes, lighting, and
drainage shall be provided in a similar manner so as to discharge any responsibility
from the County of Bath.

710.00 FENCES

710.01 No fragile, readily flammable material such as paper, cloth or canvas shall constitute a
part of any fence, nor shall any such material be employed as an adjunct or supplement
to any fence;

710.02 In the case of corner lots in residential districts, there shall be no planting, fence or
obstruction to vision more than three (3) feet high, less than twenty (20) feet from the
intersection of two (2) street lines.

710.03 Fence and retaining wall heights shall be as follows (not relevant to farms):

(a) Front Yard – not to exceed three and one-half (3.5) feet in height
(b) Rear Yard – not to exceed six (6) feet in height
(c) Side Yard – Lot side – six (6) feet in height
(d) Side Yard – Street side – three and one-half (3.5) feet (unless residential, then
three (3) feet) in height

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711.00 RECREATIONAL VEHICLES

Any recreational vehicle placed or used in Bath County after the date of enactment or amendment of
these Land Use Regulations shall meet the following requirements. Any recreational vehicle site
existing without the approval of Bath County prior to the adoption of these Land Use Regulations as
amended, is considered a nonconforming use. It shall be allowed up to six (6) months to comply with
the provisions of Section 711.00. Any recreational vehicle site existing with a Conditional Use Permit
must comply with the provisions of Section 711.00 within six (6) months after the Conditional Use
Permit expires.

711.01 Occupancy of Recreational Vehicles. No person shall occupy any recreational

vehicle unless such vehicle and its site conforms to the provisions of these Land Use
Regulations:

711.01-1 To be occupied, the recreational vehicle must be currently registered, licensed, and/or
inspected. When owned by a resident of Virginia, the vehicle must be in compliance
with the provisions of the Virginia Motor Vehicle Code and bear evidence of current
local licensing;

711.01-2 To be occupied or stored, any recreational vehicle normally garaged, stored, or parked
in Bath County must be licensed in Bath County in accordance with the Virginia
Motor Vehicle Code. The fee for such license shall be assessed in the same manner
and in accordance with the same requirements as the local automobile license;

711.01-3 To be occupied, the recreational vehicle must conform to the applicable requirements
of the Bath County Building Code and the Rules and Regulations of the State Board of
Health, Commonwealth of Virginia, Governing Campgrounds.

711.02 Space and Density Requirements for Permitted Campgrounds:

711.02-1 The density of recreational vehicle spaces within a campground shall not be more than
twenty (20) per acre. The minimum area of any space for a recreational vehicle shall
be sixteen hundred (1,600) square feet with no dimension less than twenty-five (25)
feet. No such space shall be located less than thirty-five (35) feet from the street lot
lines and alley lines and no less than ten (10) feet from interior lines. Recreational
vehicles shall be so located on each space so that there will not be less than ten (10)
feet to any other vehicle or building within the campground;

711.02-2 The area for a campground shall be a minimum of five (5) acres with a maximum of
twenty percent (20%) as occupied space and eighty percent (80%) as open space;

711.02-3 All recreational vehicles located in a campground shall be set no less than fifty (50)
feet from adjoining property lines unless written permission is given from that
property owner;

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711.02-4 All campgrounds covered under these Land Use Regulations, shall be screened from
the view of any public road in accordance with the minimum standards found in
Section 711.05.

711.03 Health and Safety Standards for Permitted Campgrounds and Other Sites of
Occupation:

711.03-1 An approved water and sewage system shall be a prerequisite to obtaining a permit for
a campground;

711.03-2 All campgrounds are subject to periodic inspections by the Bath County Health
Authority for water and sewage system compliance as required by State law;

711.03-3 If an electrical system is provided, it shall consist of approved fixtures, equipment, and
appurtenances, which shall be installed in accordance with the Uniform Statewide
Building Code;

711.03-4 The collection, storage, and disposal of refuse shall be so conducted as not to create a
health hazard, rodent harborage, insect breeding area, accident or fire hazard, or air
pollution and is the responsibility of the land owner.

711.04 Storage of Recreational Vehicles:

711.04-1 To be stored, the recreational vehicle must be currently registered, licensed, and/or
inspected. When owned by a resident of Virginia, the vehicle must be in compliance
with the provisions of the Virginia Motor Vehicle Code and bear evidence of current
local licensing;

711.04-2 Recreational vehicles may be stored, but not occupied for more than fourteen (14)
consecutive days and thirty (30) days in the aggregate for any one (1) calendar year on
land owned or rented by the registered owner of the vehicle or his/her immediate
family. Each vehicle so stored shall meet the yard requirements for accessory
buildings in the district in which it is located. If no main structure is located on a
parcel, the recreational vehicle must be located in accordance with the lot requirements
for that district and screened from public view in accordance with Section 711.05;

711.04-3 By storing three (3) or more recreational vehicles on a single parcel such use of a
parcel is considered to be a recreational vehicle storage area (a commercial enterprise)
and must conform to the provisions of these Land Use Regulations, as appropriate. No
recreational vehicle shall have its wheels removed, except for repair purposes. Each
recreational vehicle so stored shall meet the yard requirements for accessory buildings
in the district in which it is located.

711.05 Screening Requirement for Campgrounds and Recreational Vehicle Storage Areas:

711.05-1 The applicant for a campground must submit a screening and buffering plan to the
Zoning Administrator. The plan shall explicitly describe changes to the ground cover,

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 landscape improvements, buffer yards, screens and the physical design relationship of
the site to surrounding properties. Required planting shall be conducted within the
beginning of the first opportune planting season following approval of final
development plans;

711.05-2 Waiver. The screening and planting requirements of this section shall be applied
equally to all similarly classified and situated properties but may be modified or
waived in certain cases where a site is subject to any of the following circumstances,
as determined by the Building and Zoning Administrator:

(a) Natural land and land cover characteristics would achieve the same intent of
this section;

(b) Innovative landscape or architectural design is employed to achieve equivalent

screening and buffering effect.

711.05-3 General standards for this section shall be as follows:

(a) Site shall refer to the lot on which these screening and buffering requirements
are to be applied.

(b) Screening shall refer to the construction of a visually opaque, physical barrier
of specified height within a required buffer yard.

• Screening materials shall be continuously maintained, present an attractive

exterior appearance, and be of durable construction.

• Unless otherwise noted, acceptable screening materials include wood

stockade fences, decorative masonry walls, brick walls, and earth berms.

• All refuse service and outdoor storage areas shall be screened from
surrounding views.

• Location of screening shall not obstruct the visibility of traffic circulation.

(c) Planting shall refer to the preservation of existing vegetation or planting or

new growth within a required buffer yard as specified.

• Where on-center spacing of new plantings is not specified, the planting may
be irregularly dispersed throughout the buffer yard yet shall be organized to
maximize the screening and buffering objectives.

• At time of planting, all new evergreen trees shall have a minimum height of
five (5) feet and all new deciduous trees shall have a minimum caliper of
one (1) inch as defined by the American Association of Nurserymen.

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 • Where required, each large deciduous tree shall have an ultimate height of
fifty (50) feet or greater, and one (1) shall be planted for each thirty (30)
linear feet of buffer yard.

• Where required, each large evergreen tree shall have an ultimate height of
fifty (50) feet or greater, and one (1) shall be planted for each twenty (20)
linear feet of buffer yard.

• Where required, each small evergreen tree shall have an ultimate height of
fifteen (15) feet or greater, and one (1) shall be planted for each fifteen (15)
linear feet of buffer yard.

• Where required, all evergreen shrubs shall have an ultimate height of six (6)
feet or greater, be at least eighteen (18) inches at time of planting, and be
planted five (5) feet on center or less.

• Where a parking lot is adjacent to a public street right-of-way, one (1) small
evergreen shrub of three (3) feet ultimate height and eighteen (18) inches at
time of planting, planted for each five (5) feet of linear distance, and one (1)
small or large deciduous or evergreen tree planted for thirty (30) feet of
linear distance shall be provided along the parking lot perimeter. All
plantings shall be continuously maintained, shall not interfere with the use of
adjoining properties, and shall not obstruct the visibility of traffic
circulation.

(d) Buffer Yard shall refer to a landscaped strip of specified width along certain
segments of the building site perimeter.

• The buffer yard shall be reserved solely for screening and plantings, no
driveways (except where necessary for safe access), parking areas, nor
building structures shall be permitted.

• The amount of required buffer yard shall not be more than ten (10) percent
of the total building site area, but in such case that the buffer yard is reduced,
the amount of planting and screening shall be proportionately increased.

(e) Requirements. In a campground the types of screening, buffer yards, and

planting will be one of the following minimum standards:

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 Option I: Option 2:

• Six (6) foot screening. • Thirty-five (35) foot buffer

• Twenty-five (25) foot buffer yard. yard.
• Large evergreen trees and small • Large evergreen trees, small
evergreen trees. evergreen trees and one (1)
row of evergreen shrubs.

712.00 INTENSIVE LIVESTOCK, DAIRY, POULTRY FACILITIES

It is the intent of this section of the Bath County Land Use Regulations to encourage economic
development and to preserve farmland by providing for the viability of Bath County's agricultural
sector by encouraging the orderly and responsible growth of its livestock, dairy, and poultry industry.

Within the Agricultural Limited District A-1 and Agricultural General District A-2, all agricultural
production activities (e.g., tillage, crop production, harvesting, pasturing of animals, etc.) and related
best management practices shall be uses by right to which the provisions of Article 6 apply. In
addition, any agriculture production activity that is described in Article 6 of the Land Use Regulations
and that is undertaken in accordance with the provisions of this Section within the A-1 and A-2
Agricultural Districts shall also be a use by right.

712.01 Definitions. The following definitions shall be used in Section 712.00 and are defined
in Article 3:

712.01-1 Intensive Facility (hereafter Dairy Facility, Livestock Facility, or Poultry Facility, as
Applicable). (See Article 3, Definitions, Section 302.94);

712.01-2 Dwelling, Existing (see Article 3, Definitions, Section 302.56);

712.01-3 Livestock (see Article 3, Definitions, Section 302.100);

712.01-4 Livestock, Dairy, Poultry Facility, Existing (see Article 3, Definitions,

Section 302.101);

712.01-5 Livestock, Dairy, Poultry Structure (see Article 3, Definitions, Section 302.102);

712.01-6 Livestock Raiser, Dairy Operator, Poultry Grower (hereafter, "Operator"). (See
Article 3, Definitions, Section 302.104);

712.01-7 Parcel of Land (see Article 3, Definitions, Section 302.130).

712.02 Acreage Requirements (see Article 3, Section 302.94):

712.02-1 The minimum number of acres on which an intensive livestock, dairy, or poultry
facility may be established shall be as follows:

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 (a) For an intensive facility in which livestock are confined and fed, twenty (20)
acres or the number of acres required by the nutrient management plan
whichever is less and which has been approved pursuant to Section 712.09
herein.

(b) For an intensive facility in which swine or poultry are confined and fed, seven
(7) acres or the number of acres required by the nutrient management plan
whichever is less and which has been approved pursuant to Section 712.09.
herein.

712.02-2 All such acres for any one intensive facility need not be contiguous, if the operator
owns or has the right to possession of all acres on which such facility shall be
established. In addition, the operator shall demonstrate that he or she has a right to
access between any non-contiguous acres in such operation;

712.02-3 Livestock, dairy, or poultry facilities in operation as of the effective date of this
amendment which do not have sufficient acres, as required above, shall be considered
non-conforming existing uses in accordance with Section 708.00, non-conforming
lots, buildings, and usage.

712.03 Setbacks from existing dwellings.

712.03-1 Each livestock, dairy, or poultry structure shall be set back from all existing dwellings
not owned by the operator as follows:

(a) From an existing dwelling in the A-1 and A-2 Agricultural Districts, three
hundred (300) feet.

(b) From an existing dwelling in an adjacent nonagricultural zoning district, six

hundred (600) feet.

(c) The operator may reduce the above six hundred (600) feet setback to four
hundred (400) feet if he/she follows procedures set forth in Section 711.05,
Screening Requirements for Campgrounds and Recreational Vehicle Storage
Areas through Section 711.05-3(c).

712.04 Setbacks from existing livestock, dairy, or poultry facilities:

712.04-1 Each dwelling not owned by the operator shall be set back from all existing livestock,
dairy, or poultry structures as follows:

(a) From an existing livestock, dairy, or poultry structure in the A-1 and A-2
Agricultural Districts, three hundred (300) feet.

(b) From an existing livestock, dairy, or poultry facility in an adjacent

nonagricultural zoning district, six hundred (600) feet.

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 (c) The owner of the new dwelling may reduce the above six hundred (600) feet
setback to four hundred (400) feet if he/she follows procedures set forth in
Section 711.05, Screening Requirements for Campgrounds and Recreational
Vehicle Storage Areas through Section 711.05-3(c).

712.05 Setbacks from property lines and public roads:

712.05-1 The setback for intensive livestock, dairy, poultry structures from property lines and
public roadways shall be at least one hundred fifty (150) feet.

712.06 Other setbacks:

712.06-1 All livestock, dairy, poultry structures shall be set back at least one thousand (1,000)
feet from platted residential subdivisions; residentially zoned districts; manufactured
home parks or subdivisions; public schools; churches; county-owned buildings; county
and community recreation areas; public wells, public springs, and public water intakes;

712.06-2 The operator may reduce the above one thousand (1,000) feet setback to eight hundred
(800) feet if he/she follows procedures set forth in Section 711.05, Screening
Requirements for Campgrounds and Recreational Vehicle Storage Areas through
Section 711.05-3(c).

712.07 Certified plan required:

712.07-1 The owner of an intensive facility constructed or completed after the effective date of
this chapter shall file with the Zoning Administrator a plat or similar documentation
showing the entire parcels on which the facility is located and also showing the
location of the facility within the parcel or parcels. With this plat or similar
documentation, the owner shall submit a written statement, sworn to and subscribed
before a notary public, by which the owner certifies to the Zoning Administrator that
the intensive facility shown on the plat or similar documentation meets all applicable
setback requirements of these Land Use Regulations.

712.08 Livestock, Dairy or Poultry Facility Development Plans:

712.08-1 In the A-1 and A-2 Agricultural Districts, an operator or a potential operator shall file
with the Zoning Administrator a development plan which indicates the number, size,
and location of livestock, dairy or poultry structures planned for the subject parcel.
When such development plan has been approved by and filed with the Zoning
Administrator and during the period in which it remains in effect, the planned
structures shall be obliged to meet setbacks only from those dwellings and uses
existing at the time the development plan is approved. The Zoning Administrator shall
approve within thirty (30) days of receipt of the development plan, or if the
development plan does not meet the requirements of Article 8, the Zoning
Administrator shall return the development plan to the person who submitted it,

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 together with a written description of the portion(s) of the development plan that do
not comply with such sections;

712.08-2 The development plan shall be based on the requirements of this section and shall be
accompanied by a plat or similar documentation verifying the accuracy of the
distances shown in the development plan and containing all of the data as specified;

712.08-3 The development plan shall remain in force only so long as the structures proposed are
constructed in accordance with the development plan and are placed in service as
described below;

712.08-4 At least one third (1/3) of the number of head of livestock or dairy animals, subject to
this chapter of these Land Use Regulations or one (1) poultry structure indicated in the
development plan must be placed into service within thirty-six (36) months of the date
on which the development plan is approved by the Zoning Administrator, unless at
least one-third (1/3) of the number of livestock, dairy or one (1) such poultry structure
is already in service on the subject parcel at the time the development plan is filed;

712.08-5 The operator shall notify the Zoning Administrator in writing within thirty (30) days of
placement into service of any structure indicated in his/her development plan;

712.08-6 In the event an operator fails to build the proposed structure or have in place the
minimum number of head required in the above Section 712.08-4 or fails to obtain
building permits for any of the structures indicated in his development plan within the
prescribed five (5) year period, the Zoning Administrator shall revoke the
development plan. All future development plans of the structure on the subject parcel
shall conform to the requirements of this chapter;

712.08-7 Each parcel for which a development plan has been approved by the Zoning
Administrator shall display at its entrance a sign no smaller than two (2) square feet, or
larger than four (4) square feet, clearly visible from the nearest roadway, indicating
that a development plan is in effect for the parcel and containing the words "Certified
Agricultural Development Site";

712.08-8 Nothing herein shall be construed to prohibit an operator or a potential operator from
submitting amendments to his/her original development plan or to submitting revised
development plans at any time. The Zoning Administrator shall approve the amended
or revised development plan, following the standard set for in 712.08-1 above,
according to the terms of these Land Use Regulations in effect at the time that the
amendments or revisions are submitted to the Zoning Administrator.

712.09 Nutrient Management Plan:

712.09-1 After the effective date of this amendment to these Land Use Regulations, no intensive
facility shall commence operation until a nutrient management plan, if required by the
Commonwealth of Virginia, for the proposed facility has been reviewed and approved
by the Virginia Department of Conservation and Recreation or by the Virginia

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 Cooperative Extension Service or by a person certified or employed by the
Commonwealth as a nutrient management planner;

712.09-2 If off-site disposal is part of the nutrient management plan, the operator shall provide,
as part of that nutrient management plan, written documentation of an agreement with
the receiver of the wastes produced at the operator's facility or an affidavit, sworn and
subscribed before a notary public, that states his/her intention to dispose of the waste
through sale in retail establishments or otherwise marketing to consumers.
Documentation shall specify the duration of the agreement and the nature of the
application or use of the wastes. A nutrient management plan containing such an
agreement shall be valid only as long as the agreement remains in force and shall be
reviewed whenever such an agreement expires or is terminated by either party. The
operator shall notify the Zoning Administrator whenever such an agreement is
terminated before its stated expiration date within fifteen (15) days of such
termination;

712.09-3 The facility shall also provide (for) a site, with or without a permanent structure, for
the storage of animal wastes, if required by the Commonwealth of Virginia, and meet
all applicable standards of the Commonwealth;

712.09-4 Notwithstanding this, if an operator is unable to locate a storage site on the same
parcel of land because of insufficient acreage or topographical hardship, then the
Zoning Administrator, after consultation with the operator's engineer, may permit the
storage site to be located on adjacent land owned by the operator, or, if there is a valid
agreement for off-site disposal as provided in this section, the Zoning Administrator
may permit the storage site be located on a parcel specified in the agreement for off-
site disposal;

712.09-5 The operator shall insure that the nutrient management plan is reviewed and updated
every ten (10) years by an agent of the Virginia Department of Conservation and
Recreation or by the Virginia Cooperative Extension Service or by a person certified
or employed by the Commonwealth as a nutrient management planner.

713.00 EQUINE – RESIDENTIAL ZONING DISTRICTS

Allowance of equine (horses and ponies) on property zoned Residential (R-1, R-2 and R-3) shall
meet all the “special requirements” of Sections 713.01 through 713.05, including subsections, as
set forth below. Any residential zoned property grandfathered for equine at the time of the
adoption of this regulation shall be permitted to continue to keep equine until such use ceases in
accordance with the Bath County Land Use Regulations. A conditional use may be permitted
after consideration of the special requirements set forth below.

713.01 Real Estate

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713.01-1 To be considered for the allowance of horses said lot or tract of land shall be no
less than 10 acres.
713.01-2 Acreage used in determining the 10 acres (if more than one parcel is used to
comprise the 10 acres) shall be reviewed for adequacy according to parcel layout,
topography, neighboring residences, etc.
713.01-3 Parcels that are leased for additional acreage (to comprise the 10 acres required)
may be considered and shall be reviewed for adequacy according to parcel layout,
topography, neighboring residences, etc.

713.02 Setback and fencing

713.02-1 Fencing shall be in place throughout the property so that it is no closer than one
hundred feet (100’) from any existing residential dwelling of the neighboring
properties
713.02-2 Fencing shall be maintained and kept in good order at all times by the property
owner.
713.02-3 Section 713.02-1 herein is a guide as to setback for fencing. Based upon each
application’s unique situation that setback may be changed at the discretion of the
Board before issuance of a Conditional Use Permit.
713.02-4 The types of fencing permitted are:
• Wooden Fence—Minimum height of four (4) feet; minimum of three (3)
horizontal boards; boards are a minimum of six (6) inches wide; the
maximum space between each board is six (6) inches.
• Wire Fence—American wire (also called woven wire fence); a minimum
height of four (4) feet.
• Additional Wire-- No more than one strand of barbed wire or electric wire
shall be permitted on top of the fence.

713.03 Quantity

713.03-1 A maximum of 5 horses shall be allowed per ten acres of property. Additional
horses shall be in proportion to the 5 horses per 10 acres. i.e., 20 acres no more
than 10 horses.

713.04 Barns and Accessory Structures

713.04-1 Barns and/or accessory structures shall be no closer than 200’ from the adjoining
property line.
713.04-2 At the time of application, the applicant shall submit drawings of the barn and/or
accessory structures along with specs of the building materials intended to be
used in the construction of the barn and/or accessory structures. Fencing
specifications to be supplied at time of application as well.

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713.04-3 All barns and/or accessory structures shall be kept in a neat, clean and orderly
fashion with storage of manure in structures or on the property, covered with a
waterproof tarp, thus alleviating obnoxious odors and insects that may be
observed by neighboring property owners, and runoff.
713.04-4 All feed, with the exception of hay, shall be stored within the structures in a
manner to prevent rodents from having access to the feed.

713.05 Use

713.05-1 A Conditional Use Permit may only be issued for equine that are for
personal pleasure. At no time shall a permit be issued to anyone that will
have horses for any commercial or financial gain.

713.06 Penalties for Ordinance Infractions

713.06-1 In addition to the penalties provided for in Chapter 18 of the Bath County Code, a
violation of any of these provisions will authorize revocation of the Conditional
Use Permit.

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 ARTICLE 8

ADMINISTRATION

These regulations shall be administered in accordance with the provisions below.

801.00 ZONING ADMINISTRATOR

801.01 Appointment. The Zoning Administrator shall be appointed by and shall serve at the
pleasure of the Governing Body which shall fix the compensation of the Zoning
Administrator.

801.02 Powers and Duties Relating to Zoning. The Zoning Administrator is authorized and
empowered on behalf of and in the name of the Governing Body to administer and
enforce the provisions set forth herein to include receiving applications, inspecting
premises, issuing Zoning Permits and other duties as appropriate for uses and
structures which are in conformance with the provisions of these Land Use
Regulations. The Zoning Administrator shall have all necessary authority on behalf
of the Governing Body to administer and enforce these Land Use Regulations,
including the ordering, in writing, the remedy for any condition found in violation of
these Land Use Regulations, the issuance of stop work orders and the bringing of
legal actions, including injunction, abatement, or other appropriate action or
proceeding, to insure compliance with these Land Use Regulations. The Zoning
Administrator does not have the authority to take final action on applications or
matters involving variances nor on conditional uses or other variances, on which
final action is reserved to the Board.

801.03 Zoning Administration Process. Figure 1 outlines the administrative process to be

followed under various provisions of these Land Use Regulations.

802.00 ZONING PERMIT PROCEDURES

Zoning Permits shall be issued in accordance with the following provisions and procedures:

802.01 Issuance. No building or structure shall be erected, constructed, altered, moved,

converted, extended or enlarged without a zoning permit issued by the Zoning
Administrator or his designee and except in conformity with the provisions of this
chapter. The Zoning Administrator shall issue a Zoning Permit for any permitted use
or structural alteration, provided such proposed use of land or structure, or structural
alteration, is in conformance with the provisions set forth herein. The Zoning Permit
shall indicate whether the use is a permitted use, a conditional use or a variance.

105
802.02 Application. Applications for zoning permits shall be made to the Zoning Administrator or
his/her designee on forms provided. Each application shall be accompanied by a plan drawn to
scale showing the size and shape of the parcel of land, the location of the structure or the use
with respect to the property lines and to the right-of-way of any street or highway, written
verification from the County Treasurer that all delinquent real estate taxes on the subject
property have been paid in full and any other information which the Zoning Administrator or
his/her designee deems necessary for consideration in review of the application.

802.03 Application Procedure. Upon receipt of an application, the Zoning Administrator or his/her
designee shall review the applicationf or completeness. If the application is not complete, the
Zoning Administrator or his/her designee shall, within five (5) working days, return the
application to the applicant noting the deficiencies. If the application is complete, the Zoning
Administrator or his/her designee shall review the application and shall, within five (5) working
days, either approve or deny the application. If the application is denied, the Zoning
Administrator or his/her designee shall state in writing the reasons for the denial. Applications
for a Zoning Permit shall be submitted to the Zoning Administrator according to the following
provisions:

106
figure 1 – 118

107
802.03-1 An application for a Zoning Permit for a permitted use shall be accompanied by two
(2) copies of an acceptable site plan with such reasonable information shown thereon
as shall be required by the Zoning Administrator. Such site plan shall include, as a
minimum, the following: lot dimensions with property line monuments located
thereon, location and size of existing and proposed structures, yard dimensions and
the use of structures, easements (private and public), water courses, fences, street
names and street right-of-way lines, and such other information regarding abutting
property as directly affects the application;

802.03-2 Each application for a Zoning Permit, upon issuance of the permit, shall be
accompanied by payment of a fee as set forth in Article 10 to help defray expenses of
administration;

802.03-3 If the proposed use or construction described in the application required by Section
802.02-1 are in conformity with the provisions set forth herein and other appropriate
codes and regulations of the County of Bath, including but not limited to the
required:

(1) Health Department or Service Authority approval of water, sewer or septic

systems;
(2) Virginia Department of Transportation Entrance Permit;
(3) Flood Insurance - Floodplain Ordinance;
(4) Erosion and Sediment Control Ordinance Plan.

The Zoning Administrator shall sign and return one (1) copy of the site plan to the
applicant and shall issue a Zoning Permit. The Zoning Administrator shall retain the
application and one (1) copy of the site plan for his records;

802.03-4 If the application and site plan submitted describes work which does not conform to
the requirements set forth herein, the Zoning Administrator shall not issue a Zoning
Permit, but shall return one (1) copy of the site plan to the applicant along with a
signed refusal in writing. Such refusal shall state the reasons for refusal and shall
cite the portions of these Land Use Regulations with which the submitted plan does
not comply. The Zoning Administrator shall retain one (1) copy of the site plan and
one (1) copy of the refusal.

802.04 Application Procedures for Conditional Uses. Applications for a Conditional Use
Permit shall be submitted to the Zoning Administrator, who shall refer the
application to the Board for a public hearing. Applications for Conditional Use
Permits must be submitted in accordance with the following procedures:

802.04-1 An application shall be accompanied by two (2) copies of an acceptable site plan
drawn in accordance with applicable provisions of Section 802.00 of these Land Use
Regulations, with such reasonable information shown thereon as may be required by
the Zoning Administrator. Such site plan shall include, as a minimum, the following:
the dimensions with property line monuments located thereon, location and size of

108
 existing and proposed structures, yard dimensions and the use of structures,
easements (private and public), water courses, fences, street names and street
right-of-way lines, and such other information regarding abutting property as directly
affects the application;

802.04-2 Each application for a Zoning Permit for a conditional use or other special exception
shall be accompanied by payment of a fee as set forth in Article 10 to help defray the
cost of publicizing and conducting the public hearing;

802.04-3 The Zoning Administrator shall cause to have posted in a conspicuous place on the
property in question one (1) or more signs, each of which shall not be less than
twelve (12) square feet in area, shall contain information as to the proposed change
and the date and time of the public hearing, and the cost of each shall be paid by the
applicant prior to the public hearing, these signs shall be posted at least fifteen (15)
days prior to the public hearing;

802.04-4 The application shall be sent to the Commission for review and recommendation,
and said Commission shall have sixty (60) days from the date of the filing of the
formal application and in accordance with the approved Bath County Planning
Commission schedule within which to submit a report to the Board. If the
Commission fails to submit a report within the aforementioned sixty (60) day period,
it shall be deemed to have recommended approval of the proposed conditional use;

802.04-5 The Board shall consider the proposed conditional use or other special exception
after notice and public hearing in accordance with Section 15.2-2204 of the Code of
Virginia, 1950, as amended, and shall take action on the proposed conditional use
within sixty (60) days from the date of the public hearing, provided however, that if,
due to inclement weather or other circumstances beyond the Board’s control, the
Board may have an additional thirty (30) days to take action on the proposed
conditional use;

802.04-6 In evaluating the proposed conditional use or other special exception, the Board shall
address the following concerns:

(a) The effect of the proposed use or special exception, on existing and projected
traffic volumes in the neighborhood;

(b) The current and future need for the proposed use in the County of Bath; and
in the area; and

(c) The character of the existing neighborhood and the effect of the proposed use
or special exception on existing property values.

802.04-7 Conditions set forth in Section 802.03-6 for the various conditional uses are
minimum. In approving a proposed conditional use or other special exception, the
Board may stipulate such additional requirements as are necessary to protect the
public interest. The Board may require the applicant to furnish a performance bond

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 in an amount sufficient for and conditioned upon the fulfilling of any and all
conditions and requirements stipulated by the Board;

802.04-8 If the Board approves the application for a Zoning Permit for a proposed conditional
use, the Zoning Administrator shall issue a Conditional Use Permit, indicating the
conditional nature of the use;

802.04-9 If the Board disapproves the application for a Zoning Permit for a proposed
conditional use or other special exception, the Board shall inform the applicant of the
decision in writing within thirty (30) days from the date of the Board's action, stating
the reasons for disapproval. The Zoning Administrator shall retain one (1) copy of
the site plan and one (1) copy of the refusal, and shall keep them as a public record;

802.04-10 A property owner, or his appointed agent, shall not initiate action for a Conditional
Use Permit relating to the same conditional use affecting the same parcel of land
more often than once every twelve (12) months;

802.04-11 A Conditional Use Permit must be put into effect six (6) months after the date the
permit is issued, unless otherwise provided in the permit itself; i.e., “put into effect”
means that some action must have taken place to begin the use of the Conditional
Use Permit – examples: ordering of materials/supplies, breaking ground to begin
construction, submission of application obtaining appropriate licenses from other
agencies, etc.

802.04-12 Renewal of a Conditional Use Permit does not require a public hearing unless the
original conditions in the permit are changed; however, notice of the renewal will be
shown in the local newspaper at least thirty (30) days prior to its expiration;

802.04-13 Upon change of ownership, any Conditional Use Permit shall remain in effect for the
property by the owner provided that the conditional use is continued within two (2)
years.

802.05 Application Procedures for Rezoning or Map Amendment. In accordance with

Section 1204.00 of these Land Use Regulations, the Governing Body may, from time
to time, amend these regulations or district maps whenever the public necessity,
convenience, general welfare, or good zoning practice require. Any resolution or
motion by the Governing Body or Planning Commission proposing the rezoning
shall state the above public purposes therefore.

802.05-1 Applications for amendments initiated by any person, firm, or corporation owning
the subject property shall be submitted in writing to the Zoning Administrator and
shall be accompanied by two (2) copies of the proposed amendment and an
acceptable site plan, where applicable, with such reasonable information shown
thereon as shall be required by the Zoning Administrator. Where site plans are
required, they shall show, as a minimum, the following: lot dimensions with
property line monuments located thereon, location and size of existing and proposed
structures, yard dimension and the use of structures, easements (private and public),

110
 water courses, fences, street names and street right-of-way lines, and such other
information regarding abutting property as directly affects the application. Proposals
for amendments not initiated by either the Commission or the Governing Body shall
be accompanied by payment of a fee as set forth in Article 10;

802.05-2 The Commission shall consider the proposed amendment after notice and public
hearing in accordance with Section 15.2-2204 of the Code of Virginia, 1950, as
amended. The Commission shall then present the proposed amendment along with
site plans and explanatory materials, where applicable, to the Governing Body with
its recommendations. If the Commission fails to submit its recommendations within
sixty (60) days of the first meeting of the Commission after the proposed amendment
has been referred to it, the Commission shall be deemed to have approved the
proposed amendment;

802.05-3 The Governing Body shall consider the proposed amendment after notice and public
hearing in accordance with Section 15.2-2204 of the Code of Virginia, 1950, as
amended, and shall take action on the proposed amendment within thirty (30) days
from the date of the public hearing. The Governing Body and the Commission may
hold a joint public hearing in accordance with Section 15.2-2204 of the Code of
Virginia;

802.05-4 Any petition for an amendment may be withdrawn prior to action thereon by the
Governing Body at the discretion of the person, firm, or corporation initiating such a
request, upon written notice to the Zoning Administrator;

802.05-5 No more than one (1) application affecting a specific parcel of land may be initiated
during any single twelve (12) month period unless filed for interdependent and filed
concurrently.

802.06 Procedures for Proffering Conditions to Zoning District Regulations, Conditional

Zoning.

802.06-1 Intent. The intent of this section is to provide (pursuant to Sections 15.2-2296
through 15.2-2301 of the Code of Virginia, 1950, as amended) to the zoning district
regulations or the Zoning District Map a more flexible and adaptable zoning method
to cope with situations found in such zones whereby a zoning reclassification may be
allowed subject to certain conditions proffered by the zoning applicant for the
protection of the community that are not generally applicable to land similarly zoned;

802.06-2 Proffer of Conditions. An owner may proffer reasonable conditions, in addition to

the regulations established elsewhere in these Land Use Regulations, as part of an
amendment to the zoning district regulations or the Zoning District Map. The
proffered conditions shall be in writing and shall be made prior to the public hearing
before the Governing Body. In addition:

(a) The rezoning itself must give rise to the need for the conditions.
(b) The conditions proffered shall have a reasonable relation to the rezoning.

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 (c) The conditions proffered shall not include a cash contribution to the County.
802.06-3 Expiration. Any Zoning Permit shall automatically expire six (6) months from the
date of issuance if the person, firm, or corporation to which the permit was issued has
not clearly demonstrated that the permit is being exercised for the purpose for which
is was issued, or if the work so authorized is suspended or discontinued for a period
of one (1) year.

803.00 BOARD OF ZONING APPEALS

The Board shall consist of five (5) members who shall be appointed by the Circuit Court of Bath
County.

803.01 Terms of Office. Appointments shall be for five (5) years each. The Secretary of the
Board shall notify the Circuit Court at least thirty (30) days in advance of the
expiration of any term of office. A member whose term expires shall continue to
serve until his successor is appointed.

803.02 Public Offices Held. No member shall hold any public office except that one (1)
member may be a member of the Commission.

803.03 Compensation. Members of the Board may receive such compensation as may be
authorized by the Governing Body.

803.04 Support. Within the limits of funds appropriated by the Governing Body, the Board
may employ or contract for secretaries, clerks, legal council, consultants, and other
technical and clerical services.

803.05 Vacancies. Appointments for vacancies occurring otherwise than by expiration of

term shall in all cases be for the unexpired term. Members shall be removable for
cause by the Circuit Court upon written charges and after hearing held after at least
fifteen (15) days notice.

804.00 RULES OF PROCEDURE - BOARD OF ZONING APPEALS

The Board shall observe the following procedures:

804.01 Said Board shall adopt rules in accordance with the provisions of these Land Use
Regulations and consistent with other ordinances of the County of Bath and general
laws of the Commonwealth for the conduct of its affairs.

804.02 Said Board shall elect a Chairman, Vice Chairman, and Secretary from its own
membership who shall serve annual terms as such and may succeed themselves.

804.03 Said Board will keep a full public record of its proceedings and shall submit a report
of its activities to the Governing Body at least once each year.

112
804.04 All meetings of said Board shall be open to the public, except for meetings that
comply with requirements of a “closed meeting” under Va. Code Section 2.2-3711.

804.05 Any member of said Board shall be disqualified to act upon a matter before said
Board with respect to property in which the member has an interest.

804.06 The meetings of said Board shall be held at the call of the Chairman and at such
other times as a quorum of said Board may determine.

804.07 The Chairman, or in his absence the Vice Chairman or acting Chairman, may
administer oaths and compel the attendance of witnesses.

804.08 A quorum shall be at least three (3) members.

804.09 A favorable vote of three (3) members of said 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 said Board is empowered.

805.00 POWERS AND DUTIES OF THE BOARD OF ZONING APPEALS

The Board shall have the following duties and powers:

805.01 To hear and decide appeals from any order, requirement, decision, or determination
made by an administrative officer in the administration or enforcement of these Land
Use Regulations.

805.02 To authorize upon original application in specific cases, such variance from the terms
of these Land Use Regulations 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 these Land Use Regulations shall be
observed and substantial justice done as follows:

805.02-1 When a property owner can show that this property was acquired in good faith and
where by reason of the exceptional narrowness, shallowness, size or shape of a
specific piece of property at the time of the effective date of these Land Use
Regulations, or where by reason of exceptional topographic conditions or other
extraordinary situation or conditions of such piece of property, or of the use or
development of property immediately adjacent thereto, the strict application of the
terms of these Land Use Regulations 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 these Land Use Regulations;

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805.02-2 No such variance shall be authorized by the Board unless it finds: (1) that the strict
application of these Land Use Regulations would produce undue hardship; (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 variation;

805.02-3 No such variance shall be authorized except after notice and hearing as required by
Section 15.2-2204 of the Code of Virginia, 1950, as amended;

805.02-4 No variance shall be authorized unless the Board finds that the condition or situation
of the property concerned or the intended use of the property is not 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 these Land Use Regulations;

805.02-5 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.

806.00 APPLICATION FOR VARIANCES

Application for variances from these Land Use Regulations may be made by any property owner,
tenant, governmental official, department, board, or bureau.

806.01 Application. Application shall be made to the Zoning Administrator. The

application shall be accompanied by an acceptable site plan with such reasonable
information shown thereon as may be required by the Zoning Administrator. Such
site plan shall include, as a minimum, the following: lot dimensions with property
line monuments located thereon, location and size of existing and proposed
structures, yard dimensions and the use of structures, easements (private and public),
water courses, fences, road names and road right-of-way lines, and such other
information regarding abutting property as directly affects the application. The
application and accompanying maps, plans, or other information shall be transmitted
promptly to the Secretary of the Board. The Zoning Administrator shall also
transmit a copy of the application and materials to the local commission which may
send a recommendation to the Board or appear as a party at the hearing.

806.02 Posting and Land. The Zoning Administrator shall cause to have posted in a
conspicuous place on the property in question one or more signs, each of which shall
not be less than six (6) square feet in area, shall contain information as to the
proposed change and the date and time of the public hearing, and the cost of each
shall be paid by the applicant prior to the public hearing. These signs shall be posted
at least fifteen (15) days prior to the public hearing.

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806.03 Hearing and Action. The secretary shall place the matter on the docket to be
acted upon by the Board. No such variance shall be authorized except after notice
and hearing as required by Section 15.2-2204 of the Code of Virginia, 1950, as
amended. The Board shall decide same within thirty (30) days from the date of such
hearing.

806.04 Limitation of Hearings. A property owner, or his appointed agent, shall not initiate
action for a hearing before the Board relating to the same parcel of land more often
than once every twelve (12) months without specific approval of the Board.

806.05 Withdrawal of Application. Any petition for a hearing before the Board may be
withdrawn prior to action thereon, by said Board at the discretion of the person, firm,
or corporation initiating such request upon written notice to the Secretary of said
Board.

806.06 Fee. Each application for a variance shall be accompanied by payment of a fee as
set forth in Article 11 to help defray the cost of publicizing and conducting the public
hearing. Upon withdrawal of an application, the fee required will be refunded
provided no expenditures have been made for publicizing or conducting the public
hearing at the time the notice is received.

807.00 PROCEDURE FOR REQUESTING A HEARING BEFORE THE BOARD OF

ZONING APPEALS

Requests for a hearing before the Board for an administrative review shall observe the following
procedures:

807.01 An appeal to the Board may be taken by any person aggrieved by, or by an officer,
department, board, or bureau of the County of Bath affected by a decision of the
Zoning Administrator within thirty (30) days after the decision.

807.02 Applications for appeal shall be submitted to the Zoning Administrator who shall
refer the application to the Board, such applications shall specify the grounds for
appeal.

807.03 The Zoning Administrator shall forthwith transmit to the Board all of the papers
constituting the record upon which the action being appealed was taken.

807.04 An appeal shall stay all proceedings in furtherance of the action being appealed
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, and on notice to the Zoning
Administrator and for good cause shown.

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807.05 The Board shall fix a reasonable time for the hearing of appeals. The Board shall
also consider appeals after notice and hearing as required by Section 15.2-2204 of
the Code of Virginia, 1950, as amended, and decide the same within thirty (30) days
from the date of such public hearing.

807.06 In exercising the powers granted the Board in Section 805.00 of these Land Use
Regulations, the said Board may, in conformity with the provisions of these Land
Use Regulations, reverse or affirm, wholly or in part, or may modify the order,
requirements, decisions, or determination of the Zoning Administrator, and to that
end shall have all the powers of the Zoning Administrator and may issue or direct the
issuance of a Zoning Permit.

807.07 Any application for appeal before the Board may be withdrawn prior to action
hereon by said Board at the discretion of the person, firm, or corporation initiating
such a request upon written notice to the Secretary of said Board.

807.08 Each application for an appeal shall be accompanied by payment of a fee as set forth
in Article 11 of these Land Use Regulations to help defray the cost of publicizing and
conducting the public hearing. Upon withdrawal of an application, the fee required
will be refunded provided no expenditures have been made for publicizing or
conducting the public hearing at the time the notice is received.

808.00 DECISION OF BOARD OF ZONING APPEALS

808.01 Any person or persons jointly or severally aggrieved by any decision of the Board, or
any taxpayer or any officer, department, board, or bureau of the County of Bath may
present to the Circuit Court of the County of Bath a petition specifying the grounds
on which aggrieved within thirty (30) days after the filing of the decision in the
office of the Board.

808.02 Upon the presentation of such petition, the Court shall allow a writ of certiorari to
review the decision of the Board and shall prescribe therein the time within which a
return thereto must be made and served upon the aggrieved'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 being appealed, but the Court
may, on application, on notice to the Board, and on due cause shown, grant a
restraining order.

808.03 The Board shall not be required to return the original papers acted upon by it, but it
shall be sufficient to return certified or sworn copies thereof of such portions thereof
as may be called for by such writ. The return shall concisely set forth such other
facts as may be pertinent and material to show the grounds of the decision being
appealed and shall be verified.

808.04 If, upon the hearing, it shall appear to the Court that testimony is necessary for the
proper disposition of the matter, it may take evidence or appoint a commissioner to

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 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 in part, or may modify the decision brought up for review.

808.05 Costs shall 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 being appealed.

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 ARTICLE 9
SUBDIVISION REGULATIONS

901.00 SUBDIVISION REQUIREMENTS

Under the authority to establish subdivision regulations and the purposes, the regulations established
herein constitute minimum requirements which shall apply to all subdivision, except as herein
provided. The following statutory provisions shall be effective in the County of Bath.

902.00 STATUTORY PROVISIONS

The following statutory provisions shall be effective in the County of Bath:

902.01 No person shall subdivide land without making and recording a plat of such
subdivision in the office of the Circuit Court of Bath County and without fully
complying with the provisions of this Article.

902.02 No such plat of any subdivision shall be recorded unless and until it shall have been
submitted to and approved by the local Commission or by the Governing Body or its
duly authorized agent of the County of Bath wherein the land to be subdivided is
located, or by the commissions, Governing Bodies, or agents, as the case may be, of
each county or municipality having a Subdivision Ordinance, in which any part of
the land lies.

902.03 No person shall sell or transfer any land of a subdivision before such plat has been
duly recorded as provided herein, unless such subdivision was lawfully created prior
to the adoption of a Subdivision Ordinance applicable thereto or is a bona fide
division in accordance with the authority provided by the Code of Virginia, 1950, as
amended, Article 7, Sections 15.2-2240 through 15.2-2276.

902.04 A parcel of land that has been previously subdivided cannot be further subdivided
until a period of not less than 3 years have lapsed. This restriction shall not apply to
family subdivisions (i.e., a parcel may be subdivided for a family member without
waiting the 3 year time period, however, the parcel created for that family member
cannot be subdivided until the 3 years have lapsed).

902.05 Any person violating the foregoing provisions of this section shall be subject to a
fine of not more than five hundred ($500.00) dollars for each lot or parcel of land so
subdivided or transferred or sold, and the description of such lot or parcel by metes
and bounds in the instrument of transfer or other document used in the process of
selling or transferring shall not exempt the transaction from such penalties or from
the remedies herein provided.

902.06 No clerk of any court shall file or record a plat of a subdivision required by this
article to be recorded until such plat has been approved as required herein; and the

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 penalties provided by Section 17-59 of the Code of Virginia, 1950, as amended, shall
apply to any failure to comply with the provisions of this subsection. (Code 1950,
Section 15-784, Section 15-785, Section 15-794.1; Code 1950 (Suppl.), Section
15-967.8; 1962, c. 407).

903.00 ADMINISTRATOR

903.01 The agent appointed by the Governing Body is hereby delegated to administer these
Land Use Regulations. In so acting, the agent shall be considered the agent of the
Governing Body, and approval or disapproval by the agent shall constitute approval
or disapproval as though it were given by the Governing Body. The agent is the
Planning Commission. Certain of its functions may be delegated to staff. To
expedite routine handling of lot subdivisions, the Governing Body has delegated
authority for their approval to the Zoning Administrator.

903.02 Duties. The agent shall perform its duties as regards subdivisions and subdividing in
accordance with these Land Use Regulations and the Code of Virginia, 1950, as
amended.

903.03 To Consult. In the performance of its duties the agent may call for opinions or
decisions, either verbal or written, from other departments in considering details of
any submitted plat. This authority by the agent shall have particular reference to the
Virginia Department of Transportation, the Health Department, and the Erosion and
Sediment Control Plan Program.

903.04 Additional Authority. In addition to the regulations herein contained for the platting
of the subdivisions, the agent may, from time to time, establish any reasonable
additional administrative procedures deemed necessary for the proper administration
of these Land Use Regulations.

903.05 Administration of Subdivision. Figure 2 outlines the administrative process to be

followed under the provisions of the Subdivision Regulations found in this Article.

904.00 PROCEDURES FOR MAKING AND RECORDING PLATS

904.01 Platting Required. Any owner or developer of any tract of land situated within the
County of Bath who subdivides the same shall cause a plat of such subdivision, with
reference to known or permanent monuments, to be made and recorded in the office
of the Clerk of the Circuit Court of the County of Bath, Virginia. No such plat or
description of subdivision shall be recorded unless and until it shall have been
submitted, approved and certified by the agent in accordance with the regulations set
forth in these Land Use Regulations. No lot shall be sold in any such subdivision
before the plat shall have been recorded.

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904.02 In the event a plan for subdivision is disapproved by the agent, the subdivider may
appeal to the Governing Body. The Governing Body may then override the
recommendation of the agent and approve said plat.

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FIGURE 2

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904.03 Draw and Certify. Every such plat shall be prepared by a surveyor or civil engineer
duly licensed by the Commonwealth of Virginia, who shall endorse upon such plat a
certificate signed by him setting forth the source of the description of the land
subdivided. When the plat is of land acquired from more than one (1) source, the
outlines of the several tracts shall be indicated upon such plat, within an insert block,
or by means of a dotted boundary line upon the plat.

904.04 Owner's Statement. Every such plat, or the deed of dedication to which such plat is
attached, shall contain in addition to the surveyor's or civil engineer's certificate a
statement to the effect that "the above and foregoing subdivision of (here insert
correct description of the land subdivided) as appears in this plat is with the free
consent and in accordance with the desire of the undersigned owners, proprietors,
and trustees, if any," which shall be signed by the owners, proprietors, and trustees, if
any, and shall be duly acknowledged before some officer authorized to take
acknowledgments of deeds, and when thus executed and approved as herein
specified shall be filed and recorded in the office of the Clerk of the Circuit Court of
the County of Bath, Virginia, and indexed under the names of the land owners
signing such statement and under the name of said subdivision.

904.05 Health Official Statement. Every such plat shall in addition to the above contain the
following statement: “The foregoing subdivision plat entitled ____, dated ______,
prepared by , is approved by the undersigned Health Official in accordance with
Section 906.00 of the Bath County Land Use Regulations and may be admitted to
record.”

904.06 No One Exempt. No persons shall subdivide any tract of land that is located within
the County of Bath except in conformity with the provisions of these Land Use
Regulations and Sections 904.04-1 and 904.04-2.

904.07 The terms "standard subdivision" and "acreage subdivision" shall not include a bona
fide division or partition of agricultural land for agricultural purposes or for a
building site for members of the family owning any such agricultural lands. Such
building site division shall meet or exceed the minimum land area requirements in
the zoning district in which it is located. A plat of the division is required to be
approved by the agent prior to recordation, however, if any such division involves
the creation of a road to serve the division or partition, such road shall be identified
as a private road;

904.08 The terms "standard subdivision" and "acreage subdivision" shall not include a single
division of a lot or parcel for the purpose of sale or gift to a member of the immediate
family of the owner. Only one such division shall be allowed per family member
and shall not be for the purpose of circumventing the provisions of the Subdivision
Ordinance. A plat of the division is required to be approved by the agent prior to
recordation, however, if any such division involves the creation of a road to serve the
division or partition, such road shall be identified as a private road;

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904.09 The agent may, however, permit the separation of one (1) parcel from a tract of land
without complying with all requirements of these Land Use Regulations if it is not in
conflict with the general meaning and purpose of these Regulations, however, if any
such division involves the creation of a road to serve the division or partition, such
road shall be identified as a private road.

904.10 Subdivisions submitted, within a three time period, comprising an aggregate of more
than five (5) lots/parcels, with a private septic system shall comply with the
following:

(a) Drainfields shall be located at least fifty feet (50’) from the bank of any
drainageway (including streams with seasonal and perennial flows);

(b) A minimum of three hundred feet (300’) lot width at building (construction)
site shall be maintained;

(c) Drainfields shall maintain a fifty feet (50’) setback from any neighboring
property line;

(d) The Health Department Official may require that a one hundred percent
(100%) usable drainfield reserve be adhered to;

(e) For properties zoned as A-1 (Agricultural Limited District) the minimum lot
size shall be ten (10) acres, unless the immediate building area is at a slope of less
than twenty-five percent (25%) and with the proper documentation from the property
owner showing the slope to be less than 25%, the minimum lot size may be reduced
to five (5) acres;

(f) For properties zoned as A-2 (Agricultural General District) the minimum lot
size shall be five (5) acres.

(g) Family subdivisions (immediate member of family) shall be exempt from

complying with (a) thru (f).

(h) Subdivisions comprising an aggregate of five (5) lots or less shall be exempt
from complying with (a) thru (f). If a time period of more than three years has lapsed
a further subdivision shall be granted, provided that there are no more than five
parcels created within any three year time frame. If more than five parcels are
created in any three year time period, sections (a) thru (f) must be adhered to.

904.11 Private Contracts. These Land Use Regulations bears no relation to any private
easement, covenant, agreement or restriction, nor is the responsibility of enforcing
such private easement, covenant, agreement or restriction implied herein to any
public official. When these Land Use Regulations calls for more restrictive
standards than are required by private contract, the provisions of these Regulations
shall control.

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904.12 Necessary Changes. No change, erasure, or revision shall be made on any
preliminary or final plat, nor on accompanying data sheets after approval of the agent
has been endorsed in writing on the plat or sheets, unless authorization for such
changes has been granted in writing by the agent.

904.13 Restrictive Covenant to Certain Streets. All streets designated as private streets or
otherwise not intended to be added to the secondary system of state highways upon
their completion shall be identified on the plat and each related deed of conveyance
the following statement: “The street(s) depicted are not constructed to a standard
acceptable to the Virginia Department of Transportation for acceptance as a part of
the secondary system of state highways and will, therefore, not be maintained by that
agency, or by the county, until such time as the construction is improved to a
minimum standard acceptable to that agency for addition to the secondary system of
state highways with said improvements being managed with funds other than those
administered by that agency.”

905.00 GENERAL REGULATIONS

The general specifications and requirements set forth in this section shall be followed:

905.01 Access and Streets. Access and street requirements vary by the type of subdivision
proposed as follows:

905.01-1 Standard Subdivision Streets. For all standard subdivisions all streets shall be
designed and constructed to "Virginia Department of Transportation Subdivision
Street Requirements" standards. Ownership of the streets shall be public unless
waived by the Bath County Planning Commission in which case the streets shall be
platted as private streets subject to the provisions of 904.07;

905.01-2 Acreage Subdivision Streets. For acreage subdivision, streets shall be public and
meet the "Virginia Department of Transportation Subdivision Street Requirements"
unless either or both requirements are waived upon recommendation of the Bath
County Planning Commission. If the Commission recommends reduction of the
standards or private ownership of the streets, plats shall clearly provide access and
utility easements, in which case the streets shall be platted as private streets subject
to the provision of 904.07;

905.01-3 Lot Subdivision Access. Plats for subdivision of single lots shall include an
ingress-egress and utility easement of a minimum of fifteen (15) feet, which shall be
platted as a private easement along with the covenant established under 904.07-1;

905.01-4 Plats for subdivisions with private streets shall clearly inform the purchaser of his
responsibility for the construction, reconstruction, and maintenance of streets within
the development. There shall be specific notation on the plat that streets will not be
incorporated into the State Highway System until the owners of the private street
bring it to a condition meeting State subdivision street standards.

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905.02 Alleys. Alleys should be avoided whenever possible. If permitted, the right-of-way
will not be less than twenty (20) feet.

905.03 Approach Angle. All streets shall intersect at an angle of not less than eighty (80)
degrees, unless otherwise approved by the Highway Engineer.

905.04 Block Length. The maximum length of blocks generally shall be twelve hundred
(1,200) feet and the minimum length of blocks upon which lots have frontage shall
be five hundred (500) feet.

905.05 Block Orientation. Where a subdivision adjoins a major road, the commission may
require that the greater dimension of the block shall front or back upon such major
thoroughfare to avoid unnecessary ingress or egress.

905.06 Block Width. Blocks shall be wide enough to allow two (2) tiers of lots of minimum
depth, except where fronting on major streets or prevented by topographical
conditions or size of the property in which case the agent may approve a single tier
of lots of minimum depth.

905.07 Bond. Before any subdivision plat will be finally approved, and before the
acceptance of dedication for public use of any right-of-way located within any
subdivision which has been constructed or proposed to be constructed within the
subdivision, any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage
system, waterline as part of a public system, or other improvements financed or to be
financed in whole or in part by private funds, the owner or developer must: (1)
certify to the Governing Body or its agent that the construction costs have been paid
to the person constructing such facilities; or (2) furnish to the Governing Body or its
agent a certified check, letter of credit cash escrow, or contract for construction in the
amount of the estimated costs of construction or a personal, corporate or property
bond, with surety satisfactory to the Bath Governing Body or its agent, in an amount
sufficient for and conditioned upon the construction of such facilities.

905.08 Building Site. To insure that residents will have sufficient land upon which to build
a house which is flood free, the agent may require the subdivider to provide elevation
and flood profiles sufficient to demonstrate the land to be completely free of the
danger of flood waters.

905.09 Business or Industrial Blocks. Blocks intended for business or industrial use shall
be designed specifically for such purposes with adequate space set aside for off-street
parking and delivery facilities.

905.10 Corner Lots. Corner lots shall have extra width sufficient for maintenance of
required building lines on both streets as required by the agent.

905.11 Cul-De-Sacs. Streets designed to have one (1) end permanently closed must be
terminated by a turn-around facility of sufficient size to permit the reverse direction

125
 of commercial vehicles. All turn-around facilities shall be designed in accordance
with the Subdivision Street Requirements of the Virginia Department of
Transportation.

905.12 Dead-End Alleys. Dead-end alleys shall be avoided, but if unavoidable, shall be
provided with adequate turn-around facilities as determined during the plat review.

905.13 Easements. The agent may require that easements for drainage through adjoining
property be provided by the subdivider. Easements of not less than ten (10) feet in
width shall be provided for water, sewer, power lines, and other utilities in the
subdivision when required by the agent.

905.14 Erosion and Sedimentation Plan Required. At the time of filing the preliminary
plat or a standard subdivision, an erosion and sedimentation control plan will also be
filed in accordance with the Bath County Erosion and Sediment Control Ordinance
and the provisions of the Virginia Erosion and Sediment Control Handbook. For
areas of steep slope where runoff may endanger neighboring properties, additional
erosion and control measures above minimum standards may be required by the
agent as an additional precautionary method.

905.15 Fire Protection. The installation of adequate fire hydrants in a subdivision at

locations approved by the agent may be required, provided necessary public water is
available.

905.16 Flood Control and Drainage. If any portion of the proposed subdivision is
determined by the agent to appear to be in the one hundred (100) year floodplain, the
subdivider shall provide the necessary information to demonstrate that the presence
of the one hundred (100) year floodplain was considered in the layout of the
subdivision. The subdivider shall also provide the plans for meeting the Statewide
stormwater management criteria, or alternate criteria adopted by the Governing
Body. The flood control and drainage information shall include a properly certified
engineer's statement that such improvements, when properly installed, will be
adequate to meet the criteria as applied to the proposed development.

905.17 Improvements. All required improvements shall be installed by the subdivider at his
cost. In cases where specifications have been established by the Virginia
Department of Transportation for streets, curbs, etc., such specifications shall be
followed. The subdivider's performance bond shall not be released until
construction, subject to Virginia Department of Transportation specifications, has
been inspected and approved by the Highway Engineer. All improvements shall be
in accordance with these Land Use Regulations.

905.18 Land Must Be Suitable. The agent shall not approve the subdivision of land if from
adequate investigations conducted by all public agencies concerned, it has been
determined that in the best interest of the public, the site is not suitable for platting
and development purposes of the kind proposed.

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905.19 Location Monuments. Location monuments shall be of approved commercial
design or of permanent material, four (4) inch diameter or four (4) inch square and
three (3) feet long with a flat top shall be set at all street corners, at all points where
the street line intersects the exterior boundaries of the subdivision and at angle
points, and points of curve in each street. The top of the monument shall be set flush
with the finished grade.

905.20 Lot Corner Monuments. All other lot corners shall be marked by a rod of
permanent material not less than three-fourths (3/4) inches in diameter and twenty-
four (24) inches long, or one-half (1/2) reinforcement rod twenty-four (24) inches
long driven so as to be flush with the finished grade. When solid rock is
encountered, drill a hole four (4) inches in the rock and cement a steel rod of at least
one-half (1/2) inch diameter.

905.21 Lot Location. Each lot shall abut on a street dedicated by the subdivision plat, or on
an existing publicly dedicated street, or on a street which has become public by right
of use. If the existing streets are not fifty (50) feet in width, the subdivider shall
make provisions in the deeds to the lots for all buildings to be so constructed as to
permit the widening by dedication of said roads or streets to a width of fifty (50) feet.

905.22 Lot Shape. The lot arrangement, design, and shape shall be such that lots will
provide satisfactory and desirable sites for buildings, and be properly related to
topography, and conform to requirements set forth herein. Lots shall not contain
peculiarly shaped elongations solely to provide necessary square footage of area
which would be unusable for normal purposes.

905.23 Lot Size. Lot size shall be in accordance with the lot requirement for the zoning
district in which the subdivision is to be located as prescribed in Article 7.

905.24 Monuments Visible for Inspection. Upon completion of subdivision streets, sewers,
and other improvements and prior to the issuance of Building Permits, the subdivider
shall make certain that all required monuments are clearly visible for inspection and
use. Such monuments shall be inspected and approved before any improvements are
accepted by the Governing Body.

905.25 Mutual Responsibility. There is a mutual responsibility between the subdivider and
the County to divide the land so as to improve the general use pattern of the land
being subdivided.

905.26 No Reserve Strips. Unless otherwise approved by the agent and the Highway
Engineer, there shall be no reserve strips intended to control access to public streets.

905.27 Part of a Tract. Whenever part of a tract is proposed for platting and it is intended to
subdivide additional parts in the future, a sketch plan for the entire tract shall be
submitted with the preliminary plat.

905.28 Paving Widths. Paving widths shall be in accordance with regulations established by the
Virginia Department of Transportation.

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905.29 Pit Privies. Pit privies shall not be allowed in Standard or Development Subdivisions.
Acreage and lot subdivisions may allow pit privies if all lots in the subdivision are over
five (5) acres in area and all requirements of the Zoning Administrator and the Health
Department are met.

905.30 Plans and Specifications. Ten (10) blue or black line prints of the plans and
specifications for all required physical improvements to be installed, shall be prepared by
a registered engineer and shall be submitted to the agent for approval or disapproval
within forty-five (45) days. If approved, one (1) copy bearing certification of such
approval shall be returned to the subdivider within forty-five (45) days. If disapproved,
three (3) copies shall be returned to the subdivider with the reason for disapproval in
writing. In the event that the action is not taken in sixty (60) days, such subdivision shall
be deemed approved.

905.31 Private Streets. Private streets are prohibited in platted subdivisions unless they are
specifically approved during the plat review process in accordance with Section 906.00
and subject to the statements required on the plat and deeds as set forth in Section
904.07.

905.32 Private Water and/or Sewer. Nothing in this regulation shall prevent the installation of
privately owned water distribution systems or sewage collection and treatment facilities
provided; however, that any such installations must meet all of the requirements of the
State Water Control Board, the State Health Department, and any other State or local
regulation having authority over such installations.

905.33 Public Water. Where public water is available, the service shall be extended to all lots
within a subdivision (the costs of extension shall be at the Developer’s expense) and the
Developer shall be obligated to connect each lot to public water, where public water is
available.

905.34 Relation to Erosion and Sediment Control Laws. The General Assembly has
determined that the lands and waters comprising the watersheds of the State are great
natural resources which are being adversely affected by the rapid shift in land use from
agricultural to nonagricultural uses. The General Assembly found it necessary to
establish and implement the Virginia Erosion and Sediment Control Law to control
erosion and sedimentation from land-disturbing activities.

905.35 Remnants. Land subject to flooding, land deemed to be topographically unsuitable for
residential occupancy and all remnants of lots below minimum size left over after
subdividing a tract must be added to adjacent lots, or become the property of a
homeowners association rather than allowed to remain as unusable parcels.

905.36 Sanitary Sewers. The agent may not approve any subdivision in which sanitary sewers
are not provided for unless the agent shall receive from the Health Department a written
approval of the lots within the subdivision in meeting the requirements of the Virginia
Health Department for an approved sanitary sewage disposal system. Where public
sanitary sewer is available, the service shall be extended to all lots within the subdivision
(the costs of extension shall be at the Developer’s expense) and the Developer shall be

128
 obligated to connect each lot to public sanitary sewer, where public sanitary sewer is
available.

905.37 Separate Ownership. Where the land covered by a subdivision includes two (2) or more
parcels in separate ownership, and lot arrangement is such that a property ownership line
divides one (1) or more lots, the land in each lot so divided shall be transferred by deed
to single ownership simultaneous with the recording of the final plat. Said deed is to be
deposited with the agent and held with the final plat until the subdivider is ready to
record same, and they both shall then be recorded together.

905.38 Septic Tanks. In subdivisions where septic tanks or individual wells are contemplated,
the agent may require lot areas be greater than those required herein, if the Health
Department determines that there are factors of drainage, soil condition, or other
conditions to cause potential health problems.

905.39 Service Drives. Whenever a proposed subdivision contains or is adjacent to a limited

access highway or expressway, provision shall be made for a service drive or marginal
street approximately parallel to such right-of-way at a distance suitable for an appropriate
use of the land between such highway and the proposed subdivision. Such distances
shall be determined with due consideration of the minimum distance required for ingress
and egress to the main thoroughfare. The right-of-way of any major highway or street
projected across any railroad, limited access highway or expressway shall be of adequate
width to provide for the cuts or fills required for any future separation of grades.

905.40 Site Plan. A required submission, prepared and approved in accordance with the
provisions of Article X, which is a detailed engineering drawing of the proposed
improvements required in the development of a given lot.

905.41 Street Alignment and Layout. The arrangement of streets in new subdivisions shall
make provision for the continuation of existing streets in adjoining areas. The street
arrangement must be such as to cause no unnecessary hardship to owners of
adjoining property when they plat their own land and seek to provide for convenient
access to it. Where, in the opinion of the agent, it is desirable to provide for street
access to adjoining property, proposed streets shall be extended by dedication to the
boundary of such property. Half streets along the boundary of land proposed for
subdivision may not be permitted. Wherever possible, streets should intersect at
right angles. In all hillside areas streets running with contours shall be required not
to intersect at angles of less than sixty (60) degrees, unless approved by the Highway
Engineer.

905.42 Street Grades. The grades of streets shall be in accordance with specifications
established by the Highway Engineer, and such grades as submitted on subdivision
plats shall meet the grade maximums provided in the Virginia Department of
Highways and Transportation Subdivision Street Requirements.

905.43 Street Identification Signs. Street identification signs of an approved design shall be
installed at all intersections.

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905.44 Street Names. Proposed streets which are obviously in alignment with other already
existing and named, shall bear the names of the existing street. Failing to meet the
above stipulations, in no case shall the name of proposed streets duplicate existing
street names irrespective of the use of the suffix street, avenue, boulevard, driveway,
place, lane, or court. Street names shall be indicated on the preliminary and final
plats and shall be approved by the agent. Names of existing streets shall not be
changed except by approval of the Governing Body.

905.45 Subdivision Development Included as Land-Disturbing Activity. The Code of

Virginia includes the term subdivision development, along with activities disturbing
land for commercial or noncommercial uses as land-disturbing activities. For
purposes of these Land Use Regulations, the County of Bath defines land-disturbing
activities as activities disturbing ten thousand (10,000) or more square feet of land
for commercial or noncommercial uses.

906.00 APPROVAL OF PLATS

906.01 Approval Required Before Sale. Whenever any subdivision of land is proposed, and
before any permit for the erection of a structure shall be granted, the subdivider or his
agent shall apply in writing to the agent for the approval of the subdivision plat and
submit ten (10) copies of the preliminary plat including the lot, street, and utilities
layout. No lot shall be sold until a final plat for the subdivision shall have been
approved and recorded in the manner herein set forth.

906.02 Preliminary Sketch. The subdivider may, if he so chooses, submit to the agent a
preliminary sketch of the proposed subdivision prior to his preparing a detailed
preliminary of final plat. The purpose of such preliminary sketch is to permit the
agent to advise the subdivider whether his plans in general are in accordance with the
requirements of these Regulations. Upon submission of any such preliminary sketch
it shall be studied. The subdivider shall be advised where it appears that changes
would be necessary. The agent may mark the preliminary sketch indicating
necessary changes and any such marked sketch shall be returned with the
preliminary plat. The preliminary sketch shall be as follows:

906.02-1 It shall be drawn on white paper or on a print of a topographic map of the property.
It shall be drawn to an appropriate scale, i.e., two hundred (200) feet to the inch. It
shall show the name, location, and dimensions of all streets entering the property,
adjacent to the property, or terminating at the boundary of the property to be
subdivided. It shall show the location of all proposed streets, lots, parks,
playgrounds, and other proposed uses of the land to be subdivided and shall include
the approximate dimensions.

906.03 Preliminary Plat. The subdivider shall present to the agent ten (10) copies of a
preliminary layout at an appropriate scale as required by the agent. The preliminary
plat shall include the following information:

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906.03-1 Name of subdivision, owner, subdivider, surveyor, or engineer, date of drawing,
number of sheets, north point, and scale;

906.03-2 Location of proposed subdivision by an insert map at a scale of not less than one (1)
inch equals two thousand (2,000) feet showing adjoining roads, their name or
number, towns, subdivisions, and other landmarks;

906.03-3 The boundary survey or existing survey of record provided such survey shows a
closure with an accuracy of not less than one (1) in twenty-five hundred (2,500) total
acreage, acreage of subdivided area, number and approximate area and frontage of
all building sites, existing buildings within the boundaries of the tract, names of
owners and their property lines within the boundaries of the tract adjoining such
boundaries;

906.03-4 All existing, platted and proposed streets, their names, number and width, existing
utility or other easements, public areas, and parking spaces, culverts, drains and
water courses, their names and other pertinent data;

906.03-5 All parcels of land to be dedicated for public use and the conditions of such
dedication;

906.03-6 Topography at appropriate intervals when required by the agent;

906.03-7 Elevations of existing and proposed ground surface at all street intersections and
points of major grade change along centerline of streets together with proposed
gradelines connecting therewith;

906.03-8 Proposed connections with existing sanitary sewers and existing water supply or
alternate means of sewage disposal and water supply;

906.03-9 Provisions for collecting and discharging surface drainage and preliminary design of
any structures that may be required (see E & S requirement).

906.04 Procedure for Review of Preliminary Plat. The agent shall discuss the preliminary
plat with the subdivider in order to determine whether or not his preliminary plat
generally conforms to the requirements of the Subdivision Ordinance and of these
Land Use Regulations. The subdivider shall then be advised in writing within
forty-five (45) days, which may be by formal letter or by legible markings on his
copy of the preliminary plat, concerning any additional data that may be required, the
character and extent of public improvements that will have to be made; and the
amount of the performance bond which will be required as a prerequisite to approval
of the final subdivision plat. In determining the cost of required improvements and
the amount of the performance bond, the agent shall require a bona fide estimate of
the cost of improvements to be furnished him by the subdivider.

906.05 No Guarantee. Approval by the agent of the preliminary plat does not constitute a
guarantee of approval of the final plat.

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906.06 Six Month Limit. The subdivider shall have not more than six (6) months after
receiving official notification concerning the preliminary plat to file with the agent a
final subdivision plat in accordance with these Land Use Regulations. Failure so to
do shall make preliminary approval null and void. The agent may, on written request
by the subdivider, grant an extension of this time limit.

906.07 Final Plats. The subdivision plats submitted for final approval and subsequent
recording shall be clearly and legibly drawn in ink upon stable based material at an
appropriate scale, i.e., one hundred (100) feet to the inch on sheets not exceeding
seventeen (17) x twenty-two (22) inches in size. When a subdivision cannot be
platted on a sheet of this size, it is suggested that it be platted in sections, numbering
the sections numerically, as Section 1, 2, 3, etc. of the subdivision. It should show
the following information:

906.07-1 Name of subdivision, magisterial district, county, State, tax map identification
number of all parcels, including new parcel(s), owner, north point, scale of drawing
and number of sheets. If shown on more than one (1) sheet, matched lines shall
clearly indicate where the several sheets join. A blank oblong space of at least two
(2) inches x four (4) inches shall be reserved for the use of the approving authority;

906.07-2 Location of proposed subdivision by an insert map at a scale of not less than one (1)
inches equals two thousand (2,000) feet indicating thereon adjoining roads, their
names or numbers, towns, subdivisions, and other landmarks;

906.07-3 A boundary survey with an error of closure within the limits of one in ten thousand
(10,000) related to the magnetic north and showing the location of all monuments
and their type of material. The survey may be related to the U.S.C.G.S. state grid
north if the coordinates of one corner of the subdivision is shown;

906.07-4 Certificates signed by the surveyor or engineer setting forth the source of description
of the land subdivided and the place of record;

906.07-5 A statement to the effect that the subdivision, as it appears in this plat, is with the free
consent and in accordance with the desires of the owners, proprietors, and trustees, if
any, which shall be signed by the owners, proprietors and trustees, if any, and shall
be duly acknowledged before some officer authorized to take acknowledgments of
deeds along with statement for Health Department Official to acknowledge and
approve;

906.07-6 When the subdivision consists of land acquired from more than one source of title,
the outlines of the various tracts shall be indicated by dash lines and identification of
the respective tracts shall be placed on the plat;

906.07-7 The accurate location and dimensions by bearings and distances with all curve data
on all lots and street lines and centerlines of streets, boundaries of all proposed or
existing easements, parks, school sites or other public areas, the number and area of

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 all building sites, all existing public and private streets, their names or numbers and
widths, existing utilities, and those to be provided such as sanitary sewers, storm
drains, watermains, manholes, and underground conduits including their size and
type, water courses and their names, names of owners and their property lines, both
within the boundary of the subdivision and adjoining said boundaries;

906.07-8 All dimensions shown shall meet the standards published by the State Board of
Licensing;

906.07-9 The data of all curves along the street frontages shall be shown in detail at the curve
or in a curve data table containing the following: delta, radius, arc, tangent, chord,
and chord bearings;

906.07-10 Engineers Certification. A professional engineer or surveyor shall certify that all
required facilities are designed and built to the requisite standards.

906.08 Consideration of Final Plats. The Planning Commission shall act on proposed final
plats within sixty (60) days after it has been officially submitted for approval by
either approving or disapproving such plat in writing, and giving with the latter
specific reasons therefore. The specific reasons for disapproval may be contained in
a separate document or may be written on the plat itself, and shall relate in general
terms such modifications or corrections as will permit approval of the plat.

906.08-1 If the Commission fails to act on the proposed plat within sixty (60) days after it has
been officially submitted for approval, the subdivider, after ten (10) days written
notice to the Commission may petition the Circuit Court of the County to decide
whether the plat should or should not be approved. The Court shall hear the matter
and make and enter such order with respect thereto as it deems proper;

906.08-2 If the Commission disapproves a plat and the subdivider contends that such
disapproval was not properly based on these Land Use Regulations applicable
thereto, or was arbitrary or capricious, he may appeal to the Circuit Court having
jurisdiction of such land, and the Court shall hear and determine the case as soon as
possible, provided that his appeal is filed with the Circuit Court within sixty (60)
days of the written disapproval by the Planning Commission or other agent;

906.08-3 The subdivider shall have not more than six (6) months after receiving final approval
to file the subdivision plat for recordation. If a plat is not filed for recordation within
the time limit such approval shall be withdrawn and the plat marked void and
returned;

906.08-4 Before the acceptance of dedication for public use of any right-of-way located within
any subdivision which has been constructed or proposed to be constructed within the
subdivision, any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage
system, waterline as part of a public system, or other improvement financed or to be
financed in whole or in part by private funds, the owner or developer must: (1)
certify to the Planning Commission that the construction costs have been paid to the

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 person constructing such facilities; or (2) furnish to the Treasurer a certified check,
letter of credit, cash escrow, or contract for construction in the amount of the
estimated costs of construction or a personal, corporate or property bond, with surety
satisfactory to the Planning Commission, in an amount sufficient for and conditioned
upon the construction of such facilities;

906.08-5 Should the County have accepted the dedication of a road for public use and such
road is not acceptable into the secondary system of state highways due to factors
other than its quality of construction, the County may require the subdivider or
developer to furnish a maintenance and indemnifying bond or letter of credit with
surety satisfactory to the Governing Body in an amount sufficient for, and
conditioned upon, the maintenance of such road until such time as it is accepted into
the secondary system of state highways;

906.08-6 Recordation. The recordation of such plat shall operate to transfer, in fee simple, to
the Governing Body such portion of the premises platted as is on such plat set apart
for streets, alleys, or other public use and to transfer to the County any easement
indicated on such plat to create public right of passage over the same;

906.08-7 Conditions. The plat shall not be approved until the subdivider has complied with
the general requirements and minimum standards of design in accordance with these
Land Use Regulations, and has made satisfactory arrangements for performance
bonds, cash or cash bond to cover the cost of necessary improvements to the
satisfaction of the agent. Approval of final plat shall be written by the agent on the
face thereof.

906.09 Vacation of Plat. A plat may be vacated by these Land Use Regulations of the
Governing Body in which the land shown on the plat or part thereof to be vacated
lies, on motion of one of its members, or on application of any interested person.
Such Land Use Regulations shall not be adopted until after notice has been given as
required by Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said
notice shall clearly describe the plat or portion thereof to be vacated and state the
time and place of the meeting of the Governing Body at which the adoption of these
Land Use Regulations is to be considered. An appeal from the adoption of these
Land Use Regulations may be filed within thirty (30) days with the Circuit Court
having jurisdiction of the land shown on the plat or part thereof to be vacated. Upon
such appeal, the court may nullify these Land Use Regulations if it finds that the
owner of any lot shown on the plat will be irreparably damaged. If no appeal from
the adoption of these Land Use Regulations is filed within the time provided or if
these Land Use Regulations is upheld on appeal, a certified copy of these Land Use
Regulations of vacation shall be recorded in the Clerk's office of the court in which
the plat is recorded.

906.09-1 In cases where any lot has been sold, the plat or part thereof may be vacated
according to either of the following methods: (a) by instrument in writing agreeing
to said vacation signed by all the owners of lots shown on said plat and also signed
on behalf of the Governing Body of the County in which the land shown on the plat

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 or part thereof to be vacated lies for the purpose of showing the approval of such
vacation by the Governing Body. The word "owners" shall not include lien creditors
except those whose debts are secured by a recorded deed of trust or mortgage and
shall not include any consort of an owner. The instrument of vacation shall be
acknowledged in the manner of a deed and filed for record in the Clerk's office of
any court in which said plat is recorded; (b) by these Land Use Regulations of the
Governing Body on motion of one of its members or on application of any interested
person. The vacation of a plat shall also comply with Section 15.2-2271 of the Code
of Virginia, 1950, as amended. Such Regulations shall not be adopted until after
notice has been given as required by Section 15.2-2204 of the Code of Virginia,
1950, as amended. Said notice shall clearly describe the plat or portion thereof to be
vacated and state the time and place of the meeting of the Governing Body at which
the adoption of these Land Use Regulations will be voted upon. Any person may
appear at said meeting for the purpose of objecting to the adoption of these Land Use
Regulations. An appeal from the adoption of these Land Use Regulations may be
filed within thirty (30) days with the Circuit Court having jurisdiction over the land
shown on the plat or part thereof to be vacated. Upon such appeal, the court may
nullify these Land Use Regulations if it finds that the owner of any lot shown on the
plat will be irreparably damaged. If no appeal from the adoption of these Land Use
Regulations is filed within the time provided or if these Land Use Regulations is
upheld on appeal, a certified copy of these Land Use Regulations of vacation shall be
recorded in the Clerk's office of any court in which the plat is recorded.

907.00 ADVERTISING CLAUSES

907.01 Subdivider's Advertising Requirement. A subdivider, when advertising a

subdivided tract of land for sale, shall be specific as to whether or not officially
approved water and sewage facilities are available.

908.00 EFFECTUAL CLAUSES

908.01 Exceptions. Where the subdivider can show that a provision of these standards
would cause unnecessary hardship if strictly adhered to, and where, because of
topographical or other conditions peculiar to the site, in the opinion of the agent a
departure may be made without destroying the intent of such provisions, the agent
may authorize an exception. Any exception thus authorized is to be stated in writing
in the report of the agent with the reasoning, on which the departure was justified, set
forth. No such variance may be granted by these Land Use Regulations which is
opposed in writing by the County or Highway Engineer or Health Official.

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 ARTICLE 10
SITE PLANS

10.001 Intent.
It is the intent of this Article to assure compliance with the applicable ordinances and statutes, to
encourage innovative and creative design to facilitate use of the most advantageous techniques in the
development of land in Bath County, to ensure the efficient use of land and to promote high
standards in the layout, design, landscaping and construction of development.

10.002 Development or use requiring site development plan.

No Zoning permit shall be issued until a site plan has been submitted and approved in accordance with
the provisions of this Article. A site plan will not, however, be required for the repair or rehabilitation of
an existing structure when such work does not involve and is not related to either a change in or an
increase in the intensity of the use as determined by the Administrator. In the case of permitted uses
requiring site plans, the Zoning Administrator may waive any and all requirements when in his/her
judgment; the submissions are not necessary to assure compliance with any provision of this chapter.

10.003 Submission requirements.

A. Every site plan submission as hereafter provided shall contain the following information:
(1) The location of the tract or parcel by vicinity map at a scale of one (1) inch equals two thousand
(2,000) feet and landmarks sufficient to the property identify the location of the property.
(2) A boundary survey of the tract or site plan limit, with an error of closure within the limit of one
(1) in ten thousand (10,000), related to the true meridian, showing the location and type of
boundary evidence and the area of the site.
(3) A certificate signed by the engineer or surveyor setting forth the source and title of the owner of
the tract and the owners name and place of record of the last instrument in the chain of title
(including the deed book and page number).
(4) Existing and proposed streets and easements, their names, numbers and width; existing and
proposed utilities of all types; watercourses and their names; owners, zoning and present use of
adjoining tracts.
(5) The location, type and size of ingress and egress to the site.
(6) The location, type, size and height of all fencing, screening and retaining walls where required
under the provisions of applicable ordinances.
(7) All off-street parking and parking bays, loading spaces and walkways, indicating type of
surfacing, size, angle of stalls, width of aisles and a specific schedule showing the number of
parking spaces provided and the number required in accordance with this chapter. All spaces
shall have adequate space for moving and turning.
(8) The numbers of floors, floor area, height and location of each building and proposed general use
for each building. For single-family attached or multifamily dwellings, the number, size and
type of dwelling units shall be shown.
(9) Front elevations, shown to scale.
(10) Existing and proposed water and sanitary sewer facilities, indicating all pipe sizes, types and
grades and where connection is to be made to an existing or a proposed central water or sewer
system.
(11) Adequate provision for the disposition of natural and storm water with respect to quality and
quantity.

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 (12) Provision and schedule for the adequate control of erosion and sedimentation, indicating
proposed temporary and permanent control practices and measures, which shall be implemented
during all phases of clearing grading and construction.
(13) Existing topography, accurately shown with a maximum of two-foot contour intervals at a scale
of not less than fifty (50) feet to the inch, unless waived by the Zoning Administrator.
(14) The proposed finished grading by contour supplemented where necessary by spot elevations.

B. All horizontal dimensions shown in the site development plan shall be in feet and decimals of a
foot nearest to one hundredth (0.01) of a foot, and all bearing in degrees, minutes and seconds
to the nearest ten (10) seconds.
C. A landscape design plan based upon accepted professional design layouts and principles shall be
required unless waived by the Zoning Administrator.
D. Site plans for the expansion of an existing use on the same lot or onto an adjacent lot shall show all
existing facilities as well as those proposed.

10.004 Preparation and submission procedure; items to be shown.

A. The site plan or any portion thereof, involving engineering architecture, landscape architecture
or land surveying shall be prepared by person licensed to do such work. Final site plans shall
be certified by an architect, engineer or land surveyor within the limits of their respective
licenses authorizing them to practice in the Commonwealth of Virginia.
B. The site plan shall show the name and address of the owner or developer, magisterial
district, county, north point, date, scale of drawings and number of sheets. In addition, it
shall reserve a blank space four by four (4x4) inches in size on the plan face for use of the
approving authority.
C. The site plan shall be prepared to the scale of one (1) inch equals one hundred (100) feet or
longer; no sheet shall exceed forty-two (42) inches in size.
D. The site plan may be prepared on one (1) or more sheets. If prepared on more than one (1)
sheet, match lines shall clearly indicate where the several sheets join.
E. Four (4) clearly legible blue or black line copies of the site plan shall be submitted to the
Zoning Administrator.
F. In addition to the required information set forth above, the following specific items shall
also be shown on all site development plans:
(1) Right-of-way lines, centerlines, departing lot lines, lot numbers, subdivision limits,
limits of construction and building location.
(2) Centerline curve data, including delta radius arc, cord and tangent.
(3) The radius of all curb returns to face of curb. On streets where curb and gutter are not
required, the radius shall be indicated to the edge of bituminous treatment.
(4) Street names and state route numbers on all existing streets in vicinity.
(5) The edge of the proposed street surface or the face of the curb, as the case may be, for
the full length of all streets.
(6) The width of rights-of-way and all easements and the width of surface or distance
between the curb faces and the relation to the center line. Easements and rights-of-way
of all utilities shall be clearly defined for the purpose intended and whether they are to
be publicly or privately maintained.
(7) When proposed streets intersect with adjoining existing streets or travelways, both
edges of existing pavement surface or curb and gutter must be indicated for a minimum
of one hundred (100) feet or the length of connection, whichever is the greater distance.

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(8) The existing and proposed drainage easements and the direction of drainage flow in
streets, storm sewers, valley gutters, streams and subdrainage, etc.
(9) All water mains, sizes, valve and fire hydrant locations.
(10) All sanitary and storm sewers and appurtenances, identified by type and number; the
station on the plan shall conform to the station shown on the profile. The top and invert
elevation of each structure shall be indicated.
(11) The contributing drainage area in acres shall be shown statistically and shall show all
culverts, pipe curb inlets and other entrances exclusive of driveway pipes.
(12) The floodplain limits as established by the current soil survey, if available.
(13) The location of all or any springs either within or draining to street right-of-way. The
proposed method of treatment shall be indicated.
(14) The location of all streams or stream relocations or drainage ways or ditches related to
the street construction as proposed by the developer. Easements shall not be considered
part of the street right-of-way. Detailed typical drainage section and type of stabilization
shall be provided for approval by the Administrator and the resident engineer for VDOT.
(15) The type of class of concrete or treated metal drainage pipe to be installed and paved
roadside ditches as required.
(16) The location of “no-through-street” signs where required on cul-de-sac streets or
temporary cul-de-sac streets.
(17) The proper driveway entrance type, computed culvert size and/or VDOT design
designation.
(18) Provision at ends of curb and gutter for erosion control.
(19) Typical street sections to be used on the site development plan.
(20) The symmetrical transition of pavement at intersections with existing street, indication
road edge delineators.
(21) The connection to proposed VDOT construction when necessary.
(22) A minimum of two (2) datum references for elevations used on plans, profiles and
correlation, where practical, to United States Geological Survey datum.
(23) Any necessary notes that may be required to explain the intent and purpose of specific
items on the plan or profile.

10.005 Minimum standards and improvements.

A. Costs and specifications. All improvements required by this Article shall be installed at
the cost of the developer. Where cost sharing or reimbursement agreements between
the county and the developer are appropriate, the same shall be recognized by formal
written agreement prior to site development plan approval and shall be subject to VDOT
review and acceptance. When specification s have been established either by VDOT for
streets, etc., or by this chapter for related facilities and utilities, such specifications shall
be followed. The developer’s performance bond shall not be released until construction
has been inspected and accepted by the county and by VDOT.
B. Bonding and agreement. Prior to the approval of any site plan, there shall be executed by the
owner or developer an agreement with the county to construct required physical improvements
located within public rights-of-way or easements or connected to any public facility, together
with a bond or surety approved by the Board in the amount of the estimated cost of the required
physical improvements as determined by the Zoning Administrator. The agreement and surety
shall provide for completion of all work within a specified time to be determined by the Zoning
Administrator.

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C. Common wall housing. Condominium and common-wall housing projects of all types shall
indicated on the plat that those areas reserved for rental purposes and those areas reserved for
sale purposes. All common wall housing projects shall be required to submit a subdivision plat
showing all lots.
D. Right-of-way dedication. Where the adopted Comprehensive Plan for Bath County or VDOT
plans indicate a proposed right-of-way greater than that existing along the boundaries of the site
development plan, such additional right-of-way shall be dedicated for public use when the plan
is approved. Where a site plan is presented on public streets of less than fifty (50) feet in width,
additional rights-of-way shall be added so that the public street or right-of-way shall be a
minimum of twenty-five (25) feet from the existing centerline.
E. Street standards.
(1) All street and highway construction standards and geometric design standards shall be in
accord with those specified in the Bath County Land Use Regulations.
F. Driveways and service roads.
(1) The pavement of vehicular travel lanes or driveways, designed to permit vehicular travel on
the site and to and from adjacent property and parking areas shall be not less then fourteen
(14) feet in width.
G. Easements. Adequate easements shall be provided for drainage and all utilities.
H. Drainage. Adequate drainage for the disposition of storm and natural water both on and off
site.
I. Erosion and sediment control, utilities.
(1) Adequate provisions shall be made by the developer for all utilities, both on site and off
site.
(2) Percolation tests and/or other methods of soil evaluation deemed necessary by the
Health Director shall be the responsibility of the developer.
(3) Where central water and/or sewer systems having sufficient capacity either exist or are
proposed within a reasonable distance of the area of the site plan; provisions shall be
made to connect to such systems.
(4) All public facilities, utility and drainage easements outside the rights-of-way of public
streets or accessways shall be shown on the final site plan.
J. Landscaping and screening. Landscape planting, screening, fences, walks, curbs, gutters
and other physical improvements, as deemed necessary by the Board or required by the
regulations of the VDOT, shall be provided by the developer.
K. Environmental impact. Adverse environmental impact of the development should be
minimal. The criteria for determination shall be as follows:
(1) Water supplies. The impact shall be deemed excessive if the Health Official finds that
the development will jeopardize the safety of present or future water supplies or that by
reason of topography, soil type and conditions, surface and subsurface drainage
condition, the water table, the history of failures of septic systems in adjacent areas and
the extent of septic development there appears to be doubt of the proper functioning of
septic systems with respect to contamination of water supplies.
(2) Lack of adequate drainage. Excessive environmental impact with respect to drainage
shall be deemed to exist if surface or subsurface water retention and/or runoff is such
that it constitutes a danger to the structural security of proposed dwelling units or other
on-site structures. In addition, inadequate drainage shall be deemed to exist where
proposed site grading and development creates harmful or damaging effects from
erosion and siltation on downhill and/or downstream land and no adequate remedy is
provided. Recommendation may be required based on the evaluation of a submitted
sedimentation and erosion control plan.

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 (3) Tree masses and large individual trees should be preserved wherever possible.
(4) Wherever possible, utility lines should be placed underground.
(5) All major streams and rivers, especially those upon which flood control, water
impoundment and recreation facilities are located or planned, should be left in their
natural state where adequate or improved to provide for the maintenance of water
quality standards.
L. Review and approval.
(1) Site plans, which conform, to the standards and requirements of this chapter shall be
approved or modified by the Planning Commission following the recommendation of
the Zoning Administrator.
(2) Approval, modification and approval or disapproval of a site development plan by the
Zoning Administrator shall occur within ninety (90) days of filing of the required
documents in the office of the Zoning Administrator. Approval, modification and
approval or disapproval of a site development plan by the Zoning Administrator, in the
case of permitted uses requiring a site plan, shall occur within thirty (30) days of filing
of the required document in the office of the Zoning Administrator.
(3) Any submission requirement of this Article may be waived by the Zoning
Administrator.
(4) No change, revision or erasure shall be made on any pending or final site plan or on any
accompanying data sheet where approval has been endorsed on the plat or sheet unless
authorization for such change is granted, in writing, by the Zoning Administrator.
(5) Approval of a site plan pursuant t this Article shall expire twelve (12) months after the
date of approval unless building permits have been obtained for construction.
Extensions may be granted upon written request by the applicant to the Zoning
Administrator prior to the lapse of approval and all bond and surety agreements.
(6) Any site plan may be revised, provided a request for revision shall be filed and
processed in the same manner as the original site plan.
M. Public obligation.
(1) The approval of a site development plan or the installation of the improvements as
required in this Article shall not obligate the county to accept improvements for
maintenance, repair or operation. Acceptance shall be subject to county and/or state
regulations, where applicable, concerning the acceptance of each type of improvement.
(2) No public easement or right-of-way or public dedication shown on any site
development plan shall be accepted for public use until such proposed dedication shall
first be approved by the Board and evidence of such approval shown on the instrument
to be recorded.
N. During construction.
(1) One (1) set of approved plans, profiles and specifications shall be at the site at all times
when work is being performed.
(2) County and state agencies responsible for the supervision and enforcement of this
Article shall periodically inspect the site during the period of construction.
O. Completion of required construction.
(1) Upon completion of all required improvements shown on the approved site plan, the
developer shall submit to the Zoning Administrator three (3) copies of the completed
as-built site plan or building location plant, certified by an engineer, architect or
surveyor. The as-built site plan shall be submitted at least one (1) week prior to the
anticipated occupancy of any building for review and approved by the Zoning

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 Administrator for conformity with the approved site plan and the ordinances and the
regulations of Bath County and state agencies. This requirement may be waived by the
Zoning Administrator in cases in which no public facilities are required or where all
public facilities are accepted by the agency which will operate the same and where no
further useful purpose would be served by preparation of as-built site plans.
(2) Upon compliance with the terms of this Article and the satisfactory completion of
construction, the Administrator shall prepare a certificate of approval. Certificates of
approval, upon ratification by the Planning Commission, shall release all bonds, which
may have been furnished.
P. Fees. A fee shall be paid for the examination and approval or disapproval of every site plan
submitted. The fee shall be payable at the time of filing, to the Treasurer of Bath County in
the amount required by a fee schedule adopted by the Board of Supervisors by resolution.

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 ARTICLE 11
SCHEDULE OF FEES

The Governing Body shall establish a schedule of fees in order to help defray the expenses of
administration, processing applications, publicizing and conducting public hearings, and performing
necessary inspections.

1101.00 FEES RELATED TO ZONING AND SUBDIVISIONS

The following fees shall apply for applications relating to subdivision and zoning regulations.

1101.01 Each application for a Zoning Permit shall require a fee as established by the
Governing Body. Fees as adopted by the Bath County Board of Supervisors are set
forth in Section 1004.00 herein.

1102.00 FEES RELATED TO AMENDMENTS

The applicant for an amendment shall be billed for any actual costs of advertising and/or posting of
the public notice. (Amended 12/10/96.)

1103.00 RETURN OF FEES

No portion of any fee payment shall be returned to any applicant, except that where an application
requiring a public hearing is withdrawn prior to notification of public hearing, that portion of any fee
payment relating to notice and conduct of public hearing shall be returned.

1104.00 SCHEDULE OF FEES

Conditional Use Permit $200.00

Conditional Use Permit – Renewal $100.00

Variance $200.00

Telecommunications $5,000.00
& Wind Energy
Conditional Use Permit

Rezoning $150.00 – rezoned to ag.

$275.00 + $25.00/acre – rezoned to residential
$300.00 + $25.00/acre – rezoned to business
$300.00 + $25.00/acre – rezoned to industrial

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 Subdivision $75.00 + $20.00/lot – preliminary
$75.00 + $20.00/lot – final
$10.00/line – vacate boundary line
$50.00 vacate plat

Administrative Permit $25.00

E&S Control $250.00 + $10/acre + cost of plan review

$25.00 agreement in lieu of

Verification/Confirmation Letters $25.00

Site Plan Review $100.00 agriculture & residential

$200.00 business & industrial
$500.00 PUD

Appeals from Zoning Administrator $100.00

(refunded if Zoning Administrator found to be incorrect in decision)

Adopted by Bath County Board of Supervisors: May 11, 2004

EFFECTIVE DATE: May 12, 2004

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 ARTICLE 12
VIOLATION AND PENALTY

1201.00 VIOLATION

All departments, officials, and public employees of the County of Bath which are vested with the
duty or authority to issue permits or licenses shall conform to the provisions of these Land Use
Regulations. They shall issue permits for uses, buildings, or purposes only when they are in
harmony with the provisions of these Land Use Regulations. Any such permit, if issued in conflict
with the provisions of these Land Use Regulations, shall be null and void.

1202.00 COMPLAINTS REGARDING VIOLATIONS

Whenever a violation of these Land Use Regulations occurs, or is alleged to have occurred, any
person may file a written complaint. Such complaint stating fully the causes and basis thereof shall
be filed with the Administrator. He shall record promptly such complaint, immediately investigate,
and take action thereon provided by these Land Use Regulations.

1203.00 PENALTIES

Any person, firm, or corporation, whether as principal agent, employee, or otherwise, violating,
causing, or permitting the violation of any of the provisions shall be guilty of a misdemeanor and,
upon conviction thereof, may be fined in accordance with the Code of Virginia, 1950, as amended.
Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and
every day during which any portion of any violation of these Land Use Regulations is committed,
continued, or permitted by such person, firm, or corporation and shall be punishable as herein
provided.

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 ARTICLE 13
LEGAL STATUS PROVISIONS

1301.00 CONFLICT WITH OTHER LAWS

Wherever the requirements of these Land Use Regulations are at variance with the requirements of
any other lawfully adopted statutes, rules, regulations, or ordinances, the most restrictive or that
imposing the higher standards, shall govern.

1302.00 VALIDITY

Should any article, section, subsection, or provision of these Land Use Regulations be declared by a
court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of these Land Use Regulations as a whole or any part thereof other than
the part so declared to be invalid or unconstitutional.

1303.00 REPEAL

All ordinances or portions of ordinances in conflict with these Land Use Regulations are hereby
repealed to the extent of their conflict.

1304.00 AMENDMENTS

These Land Use Regulations may be amended in whole or in part by the Governing Body provided
that any such amendment shall either originate with or be submitted to the Commission for
recommendation; and further provided that no such amendment shall be adopted without a public
hearing. Notice shall be given of the time and place of such hearing by publication in accordance
with Section 15.2-2204 of the Code of Virginia, 1950, as amended.

1305.00 EFFECTIVE DATE

These Land Use Regulations incorporate the Bath County Zoning Ordinance adopted May 12, 1981,
as amended and the Subdivision Ordinance, Bath County, Virginia, adopted August 14, 1984, as
amended. These Land Use Regulations were duly considered, following a required public hearing
held on November 9, 2004, and were adopted by the Board of Supervisors of the County of Bath,
Virginia, at its regular meeting held on November 9, 2004. Amendment to these Land Use
Regulations were duly considered, following a required public hearing held on June 10, 2008, and
were adopted by the Board of Supervisors of the County of Bath, Virginia, at its regular meeting
held on June 10, 2008. These Regulations shall take effect and be in force from and after 12:01 a.m.,
June 11, 2008.

AYES Carol A. Hardbarger NAYS __Richard B. Byrd_____________________

_Jonathan R. Trees________________ Stuart L. Hall

Percy C. Nowlin

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