DIRECTOR OF PLANNING HENRY DISTRICT AICP DAVID P. MALONEY …

BOARD OF SUPERVISORS PLANNING DEPARTMENT

SEAN M. DAVIS, CHAIRMAN

HENRY DISTRICT

W. CANOVA PETERSON, IV, VICE-CHAIRMANMECHANICSVILLE DISTRICT

FAYE 0. PRICHARDASHLAND DISTRICT

AUBREY M. STANLEYBEAVERDAM DISTRICT

ANGELA KELLY-WIECEKCHICKAHOMINY DISTRICT

SCOTT A. WYATTCOLD HARBOR DISTRICT

WAYNE T. HAZZARDSOUTH ANNA DISTRICT

CECIL R. HARRIS, JR.COUNTY ADMINISTRATOR

QckIO

HANOVER COUNTYESTABLISHED IN 1720

WWW.HANOVERCOUNTY.GOV

DAVID P. MALONEY, AICPDIRECTOR OF PLANNING

MARY B. PENNOCKDEPUTY DIRECTOR OF PLANNING

LEE W. GARMAN, AICPCURRENT PLANNING MANAGER

J. KEITH THOMPSONPRINCIPAL PLANNER

MEGAN M. DALZELLPRINCIPAL PLANNER

P.O. Box 470HANOVER, VIRGINIA 23069

PHONE 804-365-6171FAx: 804-365-6232

MEMORANDUM

TO:

FROM:

SUBJECT:

Hanover County Planning Commission

David P. Maloney,Director of Planning

Ordinance 18-04: Places of Worship

DATE:

Introduction

March 15, 2018

Planning staff was requested to evaluate the feasibility of permitting places of worship (churches)as a use by-right, and draft appropriate ordinance amendments. Discussions with the CommunityDevelopment Committee resulted in staff being directed to prepare an ordinance amendment and presentthe amendment to the Board of Supervisors for authorization to advertise a public hearing. Asdevelopment of the ordinance progressed, staff realized that the proposal to allow churches by-right inseveral districts created unexpected regulatory challenges. The result is an ordinance that permitschurches by-right in the A-i, Agricultural District (with exceptions), the AR-6, Agricultural ResidentialDistrict (with exceptions), and the B-i, B-2, and B-3, and OS Business Districts.

Hanover: People, Tradition and Spirit

Planning CommissionPage 2March 15, 2018

Summary

A-i, Agricultural District:

Places of Worship will be permitted as a use by-right on parcels two acres or greater. Whenlocated on parcels less than two acres, or if located on lots located within recorded A-i zonedsubdivisions containing more than two lots, Places of Worship will be permitted as a Conditional Use.

The rational for allowing Places of Worship in subdivisions as a use by-right in subdivisionscontaining only two lots is a property owner may choose to subdivide their property to create a lot for achurch. The creation of the lot constitutes a subdivision of land. Logically, the sole reason for thecreation of the lot is to permit a church use. This scenario is distinguished from a situation where landhas been divided into several 10 acre parcels for the intended purpose of creating a residentialsubdivision, where residents of the subdivision have a reasonable expectation that all lots will be usedfor residential purposes. Further, staff recommends that property within the A-i, Agricultural Districtnot be permitted to be divided into lots containing less than the required 10 acres.

AR-6, Agricultural Residential District:

Places of Worship may be permitted as a use by-right on parcels zoned AR-6. If located withina subdivision containing 3 or more lots, they would be permitted with a Conditional Use Permit for thereasons previously stated.

Business and Office Service Districts

Places of Worship permitted as a use by-right.

RS, RM, and MX Zoning Districts:

By right Places of Worship located within the zoning districts create a challenge from a zoningperspective. These districts have specific requirements that (1) a conceptual plan of development besubmitted with the zoning application, (2) a requirement that the property be developed in substantialconformity with the conceptual plan, and (3) the ability of the developer to obtain conditional subdivisionapproval by the Planning Commission during the zoning process. Based on these ordinance provisionsand requirements, unless a zoning application for any of these districts contained a specific request for achurch use, use of any portion of the property for a church following zoning approval would most likelynot meet the substantial conformity requirements of the district regulations. Substantial conformity isdefined in the zoning ordinance as follows:

Substantial Conformity: Conformity, as determined by the zoning administrator uponconsideration of the record, with an approved conceptual plan, sketch plan, site plan, orproffered condition which leaves a reasonable margin for adjustments in the physical layout ofthe final development due to final engineering data, provided the adjustment does not increasethe density of the proposed development or reduce any provision intended to mitigate the impactof the development on the adjacent properties or community.

Planning CommissionPage 3March 15, 2018

Additionally, the conceptual plan in most instances, also constitutes the preliminary subdivisionplat. Any division of the property in a configuration that departs dramatically from the conceptualplan/preliminary plat also requires a preliminary subdivision plat amendment approved by the PlanningCommission. Therefore, staff is recommending Places of Worship be required to obtain a ConditionalUse Permit in these districts because of the unique structure of these districts and the various zoningrequirements.

The Conditional Use Permit review process will accomplish numerous objectives. Because aConditional Use Permit requires a sketch plan as part of the application and review process, the sketchplan may be used to amend the conceptual plan required by the original zoning. Further, review of theConditional Use Permit application by the Planning Commission can also serve to amend the preliminaryplat, if such an amendment is necessary.

Industrial Zoning Districts:

Staff recommends that Places of Worship continue to require a Conditional Use Permit in theindustrial districts. The reasoning is Hanover has a limited supply of available and zoned industrial land.Requiring a Conditional Use Permit will provide the Board of Supervisors greater discretion to determineif a church is an appropriate use in a specific location, and evaluate such use in the context of EconomicDevelopment policies contained within the Comprehensive Plan.

Recommendation

Staff recommends APPROVAL upon the Planning Commission making a finding Ordinance18-04 protects the public health, safety, and general welfare, and promotes good zoning practices.

ORDINANCE 18- 04

AN ORDINANCE TO AMEND THE PROVISIONS OF THE HANOVER COUNTYCODE, CHAPTER 26, ZONING ORDINANCE, RELATED TO THE LOCATION Of,AND OTHER REGULATIONS APPLICABLE TO, PLACES OF WORSHIP, ASFOLLOWS:

I. BY AMENDING SECTION 26-6, TO PROVIDE A DEFINITION Of ‘PLACEOf WORSHIP”;

2. BY AMENDING SECTION 26-18 AND SECTION 26-33, TO PROVIDE THATPLACES OF WORSHIP ARE PERMITTED BY RIGHT IN THE A-iAGRICULTURAL DISTRICT AND THE AR-6 AGRICULTURALRESIDENTIAL DISTRICT ON PARCELS OR LOTS THAT ARE (A) TWO (2)ACRES OR GREATER IN SIZE AND (B) NOT LOCATED WITHINRECORDED SUBDIVISIONS CONTAINING THREE OR MORE LOTS;

3. BY AMENDING SECTION 26-20 TO PROVIDE THAT PLACES OFWORSHIP ARE PERMITTED ON PARCELS OR LOTS LESS THAN TWO (2)ACRES IN SIZE, OR IN RECORDED SUBDIVISIONS CONTAINING THREEOR MORE LOTS, IN THE A-I AGRICULTURAL DISTRICT WITH ACONDITIONAL USE PERMIT;

4. BY AMENDING SECTION 26-35 TO PROVIDE THAT PLACES OFWORSHIP ARE PERMITTED IN A RECORDED SUBDIVISION OF THREE(3) OR MORE LOTS IN THE AR-6 AGRICULTURAL RESIDENTIALDISTRICT WITH A CONDITIONAL USE PERMIT;

5. BY AMENDING SECTION 26-45 TO PROVIDE THAT PLACES OFWORSHIP ARE PERMITTED IN THE RC, RURAL CONSERVATIONDISTRICT WITH A CONDITIONAL USE PERMIT;

6. BY AMENDING SECTION 26-88, TO CLARIFY THAT PLACES OFWORSHIP ARE PERMITTED IN THE MX MIXED USE DISTRICT WITH ACONDITIONAL USE PERMIT;

7. BY AMENDING SECTION 26-107 AND SECTION 26-110, 10 PROVIDETHAT PLACES OF WORSHIP ARE PERMITTED BY RIGHT IN THE B-iNEIGHBORHOOD BUSINESS DISTRICT AND, BY REFERENCE, IN THE B-2 COMMUNITY BUSINESS DISTRICT, THE B-3 GENERAL BUSINESSDISTRICT, AND THE OS OFFICE/SERVICE DISTRICT;

8. BY AMENDING SECTION 26-163, SECTION 26-165, SECTION 26-172,SECTION 26-174, AND SECTION 26-183, TO PROVIDE THAT PLACES OFWORSHIP SHALL ONLY BE PERMITTED IN THE M-1 LIMITEDINDUSTRIAL DISTRICT, THE M-2 LIGHT INDUSTRIAL DISTRICT, ANDTHE M-3 HEAVY INDUSTRIAL DISTRICT WITH A CONDITIONAL USEPERMIT; AND

9. BY AMENDING SECTION 26-24, LOT SIZE REQUIREMENTS IN THE A-iDISTRICT; SECTION 26-39, DENSITY REQUIREMENTS AND LOT SIZEREQUIREMENTS IN THE AR-6 DISTRICT; SECTION 26-59,CONDITIONAL USES IN THE RS, SINGLE-FAMILY RESIDENTIALDISTRICT; SECTION 26-72, CONDITIONAL USES IN THE RM MULTIFAMILY RESIDENTIAL DISTRICT; SECTION 26-243, REGULATIONS

Page 1 of 17

APPLICABLE TO SIDE YARDS; SECTION 26-248, MODIFICATION OFHEIGHT REGULATIONS; SECTION 26-25 1, PARKING REQUIREMENTS;SECTION 26-274, GENERAL REQUIREMENTS FOR SIGNS IN THERESIDENTIAL DISTRICTS; SECTION 26-295, REGULATIONSAPPLICABLE TO CEMETERIES; AND SECTION 26-3 17, USES ANDACTIVITIES WHICH REQUIRE A SITE PLAN; TO REPLACE REFERENCESTO CHURCHES, RECTORIES, PARISH HOUSES, CONVENTS,MONASTERIES, TEMPLES, SYNAGOGUES AND OTHER SIMILARTERMS TO “PLACE Of WORSHIP”.

WHEREAS the Hanover County Zoning Ordinance has, for many years, required that

organizations which seek to establish or expand churches and other places of worship obtain a

conditional use permit prior to doing so, regardless of the zoning district in which the place of

worship was to be located; and

WHEREAS churches and other places of worship have long been a part of the community

in Hanover County, and the number of such places of worship continues to grow as the population

of Hanover County increases and becomes more diverse; and

WHEREAS the Board of Supervisors has determined that, under certain conditions in

agricultural and agricultural residential districts, and in the business districts of the County, these

uses can coexist with other uses and not require additional conditions prior to their operation; and

WHEREAS the Board of Supervisors has determined that, in keeping with Free Exercise

Clause of the United States Constitution and the religious freedoms recognized in federal and state

law, there should be greater flexibility in where places of worship can be established and reduced

regulation on the right of the people to worship as they choose; and

WHEREAS the Board of Supervisors finds that the Hanover County Zoning Ordinance

can be amended to allow places ofworship to operate by right in more places of the County without

negative impacts on the community as a whole; and

WHEREAS the Board of Supervisors finds that the public necessity, convenience, general

welfare and good zoning practice require that the Zoning Ordinance be amended in accordance

with these findings;

NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Hanover

County:

1. That the Hanover County Code, Zoning Ordinance, Section 26-6, Definitions, is amended toread, in relevant part, as follows:

Page 2 of 17

Section 26-6. - Definitions.

For the purpose of this Ordinance, certain terms and words are hereby defined:

* * *

Place ofworship: a structure or place which is:

(1) used for the regular assembly of persons for the primary purpose of religious worship,ceremonies, rituals, and education pertaining to a particular system of beliefs and

(2) operated, maintained, and controlled by a religious body organized to sustain publicworship,

together with related accessory buildings and uses by such religious body customarilyassociated with the primary purpose, such as rectories, parsonages, convents, monasteries,offices, or religious education classes, but not including adult day care centers, child day carecenters, recreation facilities, or schools.

2. That the Hanover County Code, Zoning Ordinance, Section 26-18, Permitted uses in the A-iAgricultural District, is amended to to provide for the following:

Section 26-18. - Permitted uses.

A building or land shall be used only for the following purposes:

21. Places of worship, on lots or parcels two (2) acres or larger in size and not withinrecorded subdivisions containing three (3) or more lots.

3. That the Hanover County Code, Zoning Ordinance, Section 26-20, Conditional uses in the A-1 Agricultural District, is amended to provide for the following:

Section 26-20. - Conditional uses.

The following uses may be permitted as conditional uses:

21. Churches and other places Places of worship, on parcels (a) less than two (2) acres insize or (b) in recorded subdivisions containing three (3) or more lots, or the expansionby more than fifty (50) percent of the floor area of a church or place of worship as itexisted on November 18, 1927.

Page 3 of 17

4. That the Hanover County Code, Zoning Ordinance, Section 26-,24, Lot size requirements inthe A-i Agricultural district, is amended to read in its entirety as follows:

Section 26-24. - Lot size requirements.

(a) Lot size requirements.

(b) 80 ft. rights-of-way

(c) 60 ft. rights-of-way

Lot Lot

Width Depth

2

Page 4 of 17

Minimum, Square Feet Minimum, Feet

Average Lot Minimum LotArea Area

Subdivisions other than Ruralcluster subdivisions: Single-

family dwelling on the following

proposed rights-of-way:

10 acres

(a) 160 ft. rights-of-way

l.a.

l.b.

450

400

275

250

250

200

200

200

200

200

200

2 acres

(d) 50 ft. rights-of-way

Family homesteads, pursuant toprovisions specified in section

26-31:

Churches, rectories, parishhllc’ ,f1WI1+c,

monasteries, temples and

synagoguesPlaces of worship

Animal hospital, larger animals

Animal hospital, small animals,

no open pens or kennels

1 acre

10 acres

200

300

2 acres 300 300

5 acres 200

5 acres 200

2 acres 200

5 acres 200

building or facility.

*Ultimate rights-of-way are those designated by the Major Thoroughfare Plan.

(b) Lot Width/Frontage Measurement Requirements.

All other roads andeasements (including family

divisions)

MinimumFront lot Line required lot

width

Any point within thefront half of the total

depth

Any point within thefront half of the total

depth

Page 5 of 17

Campgrounds5

Recreation uses clubs,

ri Stable, commercial

7.

8.

Stable, private

Frog or fish farms, or the raisingfor sale of small animals

200

200

200

200

2009. Medical office

10. Public building or facility:

2 acres 300

The minimum lot area shall be the area necessary toaccommodate the use, any accessory use, and anyrequired buffers, screening or access to the public

Lot Width MeasuredAt:

Lot Located On:

Public Road

Public Subdivision Road*

Private Subdivision Road*

Minimum Road Minimum Width ofFrontage: Road Serving Parcel:

Minimum VDOTstandards


50’

20**

20’

20’

20’**Any point within thefront half of the total

depth

-(c) The division of lots, or reduction of size in lots through boundary line adjustments, intoparcels smaller than ten (10) acres for the purpose of creating lots for the uses, other than familyhomesteads, listed in subsection (a) is prohibited.

* Subdivision roads are those created through the subdivision process

**For any lot or parcel that is described in deeds or plats recorded in the Hanover County CircuitCourt Clerk’s Office prior to the close of business on October 9, 1996, the property owner mayobtain a building permit or otherwise develop the property for use as a single-family residence ifthe property owner can demonstrate that he has a legal right of access to the property for such use.

5. That the Hanover County Code, Zoning Ordinance, Section 26-33, Permitted uses in the AR-6 Agricultural Residential District, is amended to provide for the following:




6. That the Hanover County Code, Zoning Ordinance, Section 26-3 5, Conditional uses in the AR-6 Agricultural Residential District, is amended to provide for the following:



20. Churches and other places Places of worship, on parcels (a) less than two (2) acres insize or (b) in recorded subdivisions containing three (3) or more lots, or the expansionby more than fifly (50) percent of the floor area of church or place of worship as it

1027

7. That the Hanover County Code, Zoning Ordinance, Section 26-3 9, Density requirements andlot size requirements in the AR-6 Agricultural Residential District, is amended to read in itsentirety as follows:

Section 26-39. - Density requirements and lot size requirements.

(a) The minimum parcel size for consideration of AR-6 zoning shall be four (4) acres. The zoningrequest shall apply to the subject parcel in its entirety. Permissible density shall be calculatedas follows:

Parcel Size Maximum # of Lots Minimum Lot Size

4—13.99 acres* 2 2 acres


25+ acres* 1 lot per 6.25 acres 5 acres

Page 6 of 17

* Fractions resulting from the calculation shall be rounded down to the next whole number.

(b) No lot less than twenty (20) acres in area which is part of a recorded subdivision shall beeligible for consideration for AR-6, Agricultural Residential District zoning.

(c) Lot size requirements:

Minimum, Acres Minimum, Feet

1 LotArea Lot Width LotDepth

Single-family dwelling on the following1. . 5acres


r (a) 1 160 ft. rights-of-way 450 200

(b) 80 ft. rights-of-way 400 200

(c) 60 ft. rights-of-way 275 200

(d) 50 ft. rights-of-way 250 200

Churches, rectories, parish houses,2. convents and monasteries, temples and 2 acres 200 200

synagogues Places of worship

3. Animal hospital, larger animals 10 acres 300 300

Animal hospital, small animals, open pens5 acres - 300 300

or kennels

5. Recreation uses clubs, campgrounds 5 acres 200 200

6. Stable, commercial 5 acres 200 200

7. Stable, private 2 acres 200 200

8.Frog or fish farms, or the raising for sale

5 acres 200 200of small animals

9. Medical office 2 acres 300 1 200

Page 7of17

The minimum lot area shall be the areanecessary to accommodate the use, any

10. Public building or facility: accessory use, and any required buffers,screening or access to the public building or

facility.

Notes:

1. Lot width is measured at the front lot line for any lot located along any public road exceptthose public roads created through the subdivision process; for lots located along a privateroad or a public road created through the subdivision of a parcel, lot width is measured ata point within the front half of the total depth of the lot. When access to a lot exempt fromsubdivision requirements is provided by use of a right-of-way with a width of fifty (50)feet or less, the lot shall meet the minimum width requirements for any lot which hasfrontage on a fifty-foot right-of-way.

2. Minimum frontage for development on private roads or any other road created throughsubdivision is twenty (20) feet; frontage on any other public road shall be the minimumrequired lot width.

3. Proposed rights-of-way are those designated by the Major Thoroughfare Plan.

8. That the Hanover County Code, Zoning Ordinance, Section 26-45, Conditional uses in the RCDistrict, is amended to provide for the following:



5. Places of worship.

9. That the Hanover County Code, Zoning Ordinance, Section 26-59, Conditional uses in the RSSingle-Family Residential District, is amended to provide for the following:



7. Churches, rectories, parish houses, convents and monasteries, temples, andsynagogues, or the expansion of any existing church, temple, or synagogue by morethan fifty (50) percent of its floor areaPlaces of worship.

10. That the Hanover County Code, Zoning Ordinance, Section 26-72, Conditional uses in the RM Multi-Family Residential District, is amended to provide for the following:



4. Churches, rectories, parish houses, convents and monasteries, temples, andsynagogues, or the expansion of any existing church, temple, or synagogue by morethan fifty (50) percent of its floor areaPlaces of worship.

Page 8 of 17

11. That the Hanover County Code, Zoning Ordinance, Section 26-8 8, Conditional uses in the MXMixed Use District, is amended to provide for the following:

Section 26-88. - Conditional uses



12. That the Hanover County Code, Zoning Ordinance, Section 26-107, Permitted uses in the B-iNeighborhood Business District, is amended to provide for the following:




13. That the Hanover County Code, Zoning Ordinance, Section 26-110, Conditional uses in the B-1 Neighborhood Business District, is amended to delete the following:


7. Churches and other places of worship, or the expansion by more than fifly (50) percentof original floor area of a church or place of worship.

14. That the Hanover County Code, Zoning Ordinance, Section 26-163, Permitted uses in the MiLimited Industrial District, is amended to provide for the following:



1. Any use permitted in the B-i Neighborhood Business District, except for places ofworship, greenhouses and nurseries for growing plants, trees, and shrubs.

15. That the Hanover County Code, Zoning Ordinance, Section 26-165, Conditional uses in theM-lLimited Industrial District, is amended to read in its entirety as follows:



1. Any conditional use permitted in the A-i, Agricultural District or the B-i,Neighborhood Business District.

2. Auditorium or lecture hall and recreation facilities primarily for employees in thedistrict.

3. Greenhouses, commercial, wholesale or retail.

4. Parking garages, commercial or public.


6. Sports and recreational instruction (outdoor).

16. That the Hanover County Code, Zoning Ordinance, Section 26-172, Permitted uses in the M2 Light Industrial District, is amended to provide for the following:

Page 9 of 17



1. Any use permitted in the B-O, business office district, B-i, neighborhood businessdistrict, or the M-1, limited industrial district, except for places of worship.

17. That the Hanover County Code, Zoning Ordinance, Section 26-174, Conditional uses in theM-2 Light Industrial District, is amended to read in its entirety as follows:




2. Carwash or vehicle washing facility, automatic or otherwise.



5. Private power generation plants, producing electricity for other users.

6. Propane Storage and distribution.


‘8. Stable or riding academy.

9. Storage, transfer and distribution of industrial gases, where such gases are stored intanks in excess of five thousand (5,000) gallons, or where the total storage of such gaseson a lot exceeds twenty thousand (20,000) gallons.

910. Theaters, including drive-in theaters.

1-011. Truck stops.

4412. Wholesale Motor Vehicle Auction.

18. That the Hanover County Code, Zoning Ordinance, Section 26-183, Conditional uses in theM-3 Heavy Industrial District, is amended to read in its entirety as follows:



1. Any conditional use permitted in the A-i, Agricultural District or the B-iNeighborhood Business District.

2. The manufacturing, compounding, processing, packaging, fabrication or treatment ofthe following:

(a) Asbestos products or abatement services.

(b) Chemical and allied products.

(c) Disinfectants or related industrial or household chemical compounds.

(d) Explosives, including ammunition and fireworks, and explosive storage.

Page 10 of 17

(e) Insecticides and fungicides.

(f) Paint and coating.

(g) Pesticide, fertilizer, and other agricultural chemicals.

(h) Petroleum and coal products.

(i) Primary metals.

(j) Rendering and meat byproduct processing.

3. Atomic laboratories.

4. Automobile wrecking yard.

5. Car wash or vehicle washing facility, automatic or otherwise.

6. Incinerator, industrial or public.

7. Junkyards, open or enclosed storage ofjunk.

8. Materials recovery facilities.

9. Petroleum storage.



-14j. Radioactive waste handling.

4-213. Steam generation plants producing steam for others.

1414. Storage of dead animals, offal, garbage and waste products.

4415. Stockyard.

4-5J. Stone crushing and grinding.

4-617. Testing ofjet engines and rockets.

4-718. Truck stops.

19. That the Hanover County Code, Zoning Ordinance, Section 26-243, Regulations applicable toside yards, is amended to provide for the following:

Section 26-243. - Side yards.

(a) Open, unenclosed porches, platforms, or paved terraces, not covered by roof or canopyand which do not extend above the level of the first floor of the building, may extendor project into the required side setback not more than six (6) feet.

(b) Where a building in a commercial district is subject to the height, area, and bulkrequirements applicable to residential development under section 26-248(b), the sideyard requirements for residential development shall be applied only to the lowest floor(and all floors above it) which contains more than twenty-five (25) percent of its areaused for dwelling. All floors shall be subject to side yards required by these regulationsfor commercial buildings adjacent to residential districts.

Page 11 of 17

(c) For the purpose of the side yard regulations, a group of business or industrial buildingsseparated by common or party walls shall be considered as one (1) building occupyingone (1) lot.

(d) The minimum depth of side yards for schools, libraries, churches, community houses,places of worship, and other public and semipublic buildings in residential districtsshall be twenty-five (25) feet, except where a side yard is adjacent to a business orindustrial district, in which case, the depth of the yard shall be as required in the districtregulations for the district in which the building is located.

20. That the Hanover County Code, Zoning Ordinance, Section 26-248, Modification of heightregulations, is amended to read in in part as follows:

Section 26-248. - Modification of height regulations.

(a) Subject to the following specific modifications, no structure may exceed the heightlimit provided under the applicable zoning district:

1. Except within an APO Airport Protection Overlay District or within theHanover County Airspace Map area, the height limitations of this Ordinanceshall not apply to the following structures when such structures do not exceeda height of one hundred twenty-five (125) feet:

c. Church spiresSpires attached to places of worship.

3. Except as may be restricted within an APO Airport Protection Overlay Districtor within the Hanover Airspace Map area, public and semipublic or publicservice buildings, hospitals, institutions or schools, when permitted in a district,may be erected to a height not exceeding sixty (60) feet and churches andtemplesplaces of worship may be erected to a height not exceeding seventy-five(75) feet when the required side and rear yards are each increased by at leastone (1) foot for each one (1) foot of additional building height above the heightregulations for the district in which the building is located.

4. Notwithstanding any other provisions of this Ordinance:

(a) No place of public assembly, including but not limited to, schools,churchesplaces of worship, hospitals, theaters, and assembly halls, shallbe erected or otherwise located under an “approach surface” as definedby the FAA and within ten thousand (10,000) feet of the end of anairport runway. This provision shall only apply to airports includedwithin an APO Airport Protection Overlay District.

21. That the Hanover County Code, Zoning Ordinance, Section 26-251, Parking requirements, isamended to read in its entirety as follows:

Section 26-251. - Parking requirements.

Page 12 of 17

Accessory parking spaces (including structural, under-structure, off-street and on-street, aspermitted by district regulations) shall be provided as follows:

Uses Minimum Number of Required Parking Spaces

Residential Uses:

Residential dwelling (single familydetached) (other than age-restricted)

2 spaces per dwelling unit;

Attached townhouse or multiple-familydwelling (other than age restricted 2 spaces per dwelling unit

dwellings)

Age-restricted dwelling (includingattached or detached dwelling, 1.5 spaces per dwelling unit

townhouse or multiple-family dwelling)

Rooming, boarding or lodging house 1 space per bedroom

Hotel or motel 1 space per unit, plus 5 spaces

Institutional Uses:

Church, temple, synagogue or place 1 space per 4 seats or bench seating spaces in mainPlace of worship auditorium or sanctuary

Day nursery or child day care center, 1 space per 350 square feet of gross floor areaadult day care (GFA)

Elementary, or junior highlmiddle school 4 spaces per classroom

High school 6 spaces per classroom

1 space per seat or bench seating space inCollege, university, adult learning auditorium; together with dormitories, add 1 space

institution per bedroom. If no auditorium or dormitories, then10 spaces per classroom

Page 13 of 17

Public library, museum, or community

center

Private club, fraternity, sorority, and

lodge, with sleeping rooms

Private club, fraternity, sorority, andlodge, with no sleeping rooms

Nursing home, convalescent home, and

rest home

Assisted living facility

Animal hospital

Hospital

10 spaces per use plus 1 additional space for each300 square feet of GfA in excess of 1000 square

feet

1 space per 600 square feet of GFA, or 2 per

bedroom, whichever is greater

1 space per 600 square feet of GFA

1 space per 350 square feet of GFA in mainassembly/dining building and administrative

buildings

2 spaces per bed

1 space per 2 patient beds

2 spaces, plus 0.5 spaces per bedroom

1 space per 400 square feet of GFA; 4 spaces

minimum

Business/Industrial Uses:

Machinery, equipment, and automobileand boat sales and service

For first 100,000 square feet of GFA: 1 space per250 square feet of GFA; for every 1000 square feet

of GFA beyond 100,000 square feet: 1 space per 200

square feet of GFA

1 space per 1000 square feet of GFA

Retail, display, and associated office floor area: 1• space per 250 square feet OFA; minimum 4 spaces

Storage and shop: 1 space per 2,000 square feet ofGFA

Auto sales/service: minimum 10 spaces

Camp, day or boarding

Retail store, personal service

establishment, bank, shopping center (notincluding home furnishing and appliance

store)

Home furnishing or appliance store

Page 14 of 17

Restaurant or other establishment forconsumption of food or beverages on the 1 space per 100 square feet of GfA

premises (other than fast food restaurant)

Restaurant, fast-food or cany-out 1.25 spaces per 100 square feet of GFA

Office or office building (other thanmedical), post office, studio (other than 1 space per 400 square feet of GFA

athletic studio)

1 space per 200 square feet of GFA;Medical office or clinic I . .

Clinic: minimum 10 spaces

1 space per 50 square feet of GFA of main assemblyfuneral home

area; minimum 30 spaces

Retail, display, and associated office floor area: 1General contractor and repair shops space per 400 square feet GfA, plus 1 space per

2000 square feet of GFA of warehouse/storage

Broadcasting station 1 space per 300 square feet of GfA

All industrial uses not otherwise 1 space per 5000 square feet of GFA, plus 1 spaceprovided for in this table per 400 square feet of office area

Entertainment Uses:

Major event entertainment, auditorium,1 space per 4 seats or bench seating spaces

theater, stadium, or arena

Bowling alley 5 spaces per lane

4 per hole (including a putting green), plus 1 spaceCountry club or golf club, driving range . . . . .

per tee for a driving range (in conjunction with aminiature golf course .

course); add 5 spaces for stand-alone driving range

Indoor fitness center, recreation facility, 1 space per 50 square feet of GFA devoted togymnasium or athletic facility instructional fitness, aerobics, weight training, or

Page 15 of 17

similar activities, plus 1 space per 400 square feet ofGFA for indoor pools, courts, or similar facilities

Indoor sports and recreation instruction 1 space per 400 square feet

Outdoor athletic or playing field(including baseball/softball, soccer, 45 spaces per field or pooi

swimming pooi and hockey)

Amusement facility or park, dance hail,skating rink, indoor swimming pool, 1 per 100 square feet of GFA, unless otherwiseconvention hall or exhibition hall, specified at time of zoning approval

without fixed seats

22. That the Hanover County Code, Zoning Ordinance, Section 26-274, General sign requirementsfor residential districts, is amended to read in part as follows:

Section 26-274. - General Requirements - Residential Districts

(a) The following signs are permitted in the A-i, AR-2, AR-i, RC, AR-6, RS, R-1, R2, R-3, R-4, R-5, and RM Zoning Districts, and those portions of an MX District that are usedsolely for residential uses:

5. A sign for a church bulletin board for a place or worship or the identification ofpermitted public and semipublic uses, recreational uses, or clubs. The sign shallconform to the size and location regulations contained in section 26-276(e), below.

23. That the Hanover County Code, Zoning Ordinance, Section 26-295, Cemeteries, is amendedto read in its entirety as follows:

Section 26-295. - Cemeteries.

The following provisions shall apply to the operation of a cemetery:

1. May include a crematorium provided such building is located at least two hundred(200) feet from the boundaries of the cemetery.

2. The minimum area of the cemetery shall be ten (10) acres unless accessory to achurch place of worship or limited to use by a family.

24. That the Hanover County Code, Zoning Ordinance, Section 26-317, Uses and activities whichrequire a site plan, is amended to read in part as follows:

Section 26-3 17. - Uses and activities which require a site plan.

Page 16 of 17

(a) A site plan shall be required for the following uses:

2. All business and industrial uses and churches and other places of worship,except for:

25. This ordinance shall be effective on the date of adoption.

Page 17 of 17

CLEAN

ORDINANCE 18-04 flATFAkc1Ych

AN ORDINANCE TO AMEND THE PROVISIONS OF THE HANOVER COUNTYCODE, CHAPTER 26, ZONING ORDINANCE, RELATED TO THE LOCATION OF,AND OTHER REGULATIONS APPLICABLE TO, PLACES OF WORSHIP, ASFOLLOWS:

1. BY AMENDING SECTION 26-6, TO PROVIDE A DEFINITION OF “PLACEOF WORSHIP”;

2. BY AMENDING SECTION 26-18 AND SECTION 26-33, TO PROVIDE THATPLACES OF WORSHIP ARE PERMITTED BY RIGHT IN THE A-IAGRICULTURAL DISTRICT AND THE AR-6 AGRICULTURALRESIDENTIAL DISTRICT ON PARCELS OR LOTS THAT ARE (A) TWO (2)ACRES OR GREATER IN SIZE AND (B) NOT LOCATED WITHINRECORDED SUBDIVISIONS CONTAINING THREE OR MORE LOTS;

3. BY AMENDING SECTION 26-20 TO PROVIDE THAT PLACES OFWORSHIP ARE PERMITTED ON PARCELS OR LOTS LESS THAN TWO (2)ACRES IN SIZE, OR IN RECORDED SUBDIVISIONS CONTAINING THREEOR MORE LOTS, IN THE A-I AGRICULTURAL DISTRICT WITH ACONDITIONAL USE PERMIT;

4. BY AMENDING SECTION 26-35 TO PROVIDE THAT PLACES OFWORSHIP ARE PERMITTED IN A RECORDED SUBDIVISION OF THREE(3) OR MORE LOTS IN THE AR-6 AGRICULTURAL RESIDENTIALDISTRICT WITH A CONDITIONAL USE PERMIT;

5. BY AMENDING SECTION 26-45 TO PROVIDE THAT PLACES OFWORSHIP ARE PERMITTED IN THE RC, RURAL CONSERVATIONDISTRICT WITH A CONDITIONAL USE PERMIT;

6. BY AMENDING SECTION 26-88, TO CLARIFY THAT PLACES OFWORSHIP ARE PERMITTED IN THE MX MIXED USE DISTRICT WITH ACONDITIONAL USE PERMIT;

7. BY AMENDING SECTION 26-107 AND SECTION 26-110, TO PROVIDETHAT PLACES OF WORSHIP ARE PERMITTED BY RIGHT IN THE B-iNEIGHBORHOOD BUSINESS DISTRICT AND, BY REFERENCE, IN THE B-2 COMMUNITY BUSINESS DISTRICT, THE B-3 GENERAL BUSINESSDISTRICT, AND THE OS OFFICE/SERVICE DISTRICT;

8. BY AMENDING SECTION 26-163, SECTION 26-165, SECTION 26-172,SECTION 26-174, AND SECTION 26-183, TO PROVIDE THAT PLACES OFWORSHIP SHALL ONLY BE PERMITTED IN THE M-1 LIMITEDINDUSTRIAL DISTRICT, THE M-2 LIGHT INDUSTRIAL DISTRICT, ANDTHE M-3 HEAVY INDUSTRIAL DISTRICT WITH A CONDITIONAL USEPERMIT; AND

9. BY AMENDING SECTION 26-24, LOT SIZE REQUIREMENTS IN THE A-iDISTRICT; SECTION 26-39, DENSITY REQUIREMENTS AND LOT SIZEREQUIREMENTS IN THE AR-6 DISTRICT; SECTION 26-59,CONDITIONAL USES IN THE RS, SINGLE-FAMILY RESIDENTIALDISTRICT; SECTION 26-72, CONDITIONAL USES IN THE RM MULTIFAMILY RESIDENTIAL DISTRICT; SECTION 26-243, REGULATIONS

Page 1 of 16

APPLICABLE TO SIDE YARDS; SECTION 26-248, MODIFICATION OFHEIGHT REGULATIONS; SECTION 26-251, PARKING REQUIREMENTS;SECTION 26-274, GENERAL REQUIREMENTS FOR SIGNS IN THERESIDENTIAL DISTRICTS; SECTION 26-295, REGULATIONSAPPLICABLE TO CEMETERIES; AND SECTION 26-3 17, USES ANDACTIVITIES WHICH REQUIRE A SITE PLAN; TO REPLACE REFERENCESTO CHURCHES, RECTORIES, PARISH HOUSES, CONVENTS,MONASTERIES, TEMPLES, SYNAGOGUES AND OTHER SIMILARTERMS TO “PLACE OF WORSHIP”.

WHEREAS the Hanover County Zoning Ordinance has, for many years, required that

organizations which seek to establish or expand churches and other places of worship obtain a

conditional use permit prior to doing so, regardless of the zoning district in which the place of

worship was to be located; and

WHEREAS churches and other places of worship have long been a part of the community

in Hanover County, and the number of such places of worship continues to grow as the population

of Hanover County increases and becomes more diverse; and

WHEREAS the Board of Supervisors has determined that, under certain conditions in

agricultural and agricultural residential districts, and in the business districts of the County, these

uses can coexist with other uses and not require additional conditions prior to their operation; and

WHEREAS the Board of Supervisors has determined that, in keeping with Free Exercise

Clause of the United States Constitution and the religious freedoms recognized in federal and state

law, there should be greater flexibility in where places of worship can be established and reduced

regulation on the right of the people to worship as they choose; and

WHEREAS the Board of Supervisors finds that the Hanover County Zoning Ordinance

can be amended to allow places of worship to operate by right in more places of the County without

negative impacts on the community as a whole; and

WHEREAS the Board of Supervisors finds that the public necessity, convenience, general

welfare and good zoning practice require that the Zoning Ordinance be amended in accordance

with these findings;

NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Hanover

County:

1. That the Hanover County Code, Zoning Ordinance, Section 26-6, Definitions, is amended toread, in relevant part, as follows:

Page 2 of 16

Section 26-6. - Definitions.

For the purpose of this Ordinance, certain terms and words are hereby defined:

* * *

Place ofworship: a structure or place which is:

(1) used for the regular assembly of persons for the primary purpose of religious worship,ceremonies, rituals, and education pertaining to a particular system of beliefs and

(2) operated, maintained, and controlled by a religious body organized to sustain publicworship,

together with related accessory buildings and uses by such religious body customarilyassociated with the primary purpose, such as rectories, parsonages, convents, monasteries,offices, or religious education classes, but not including adult day care centers, child day carecenters, recreation facilities, or schools.

2. That the Hanover County Code, Zoning Ordinance, Section 26-18, Permitted uses in the A-iAgricultural District, is amended to to provide for the following:




3. That the Hanover County Code, Zoning Ordinance, Section 26-20, Conditional uses in the A1 Agricultural District, is amended to provide for the following:



21. Places of worship, on parcels (a) less than two (2) acres in size or (b) in recordedsubdivisions containing three (3) or more lots.

Page 3 ofl6

4. That the Hanover County Code, Zoning Ordinance, Section 26-,24, Lot size requirements inthe A-i Agricultural district, is amended to read in its entirety as follows:

Section 26-24. - Lot size requirements.

(a) Lot size requirements.

Minimum, Square Feet Minimum, Feet

Average Lot Minimum LotLot Width Lot Depth

Area Area

Subdivisions other than Rural

cluster subdivisions: Single

i .a. family dwelling on the 10 acresfollowing proposed rights-of-

way:

(a) 160 ft. rights-of-way 450 200

(b) 80 ft. rights-of-way 400 200

(c) 60 ft. rights-of-way 275 200

(d) 50 ft. rights-of-way 250 200

Family homesteads, pursuant

1 .b. to provisions specified in 2 acres 250 200

section 26-31:

2. Places of worship 1 acre 200 200

3. Animal hospital, larger animals 10 acres 300 300

Animal hospital, small

4. animals, no open pens or 2 acres 300

kennels

Recreation uses clubs,5. 5 acres 200 200

Campgrounds

Page 4 of 16

6. Stable, commercial 5 acres 200 200

r7. Stable, private 2 acres 200 200

Frog or fish fais, or the8. raising for sale of small 5 acres 200 200

animals

9. Medical office 2 acres 300 200

The minimum lot area shall be the area necessary toI accommodate the use, any accessory use, and any

10. Public building or facility: . .

required buffers, screening or access to the publicbuilding or facility.

*ultimaterights..of..way are those designated by the Major Thoroughfare Plan. - -

(b) Lot Width/Frontage Measurement Requirements.

Lot Width Measured Minimum Road Minimum Width ofLot Located On:

At: Frontage: Road Serving Parcel:

MinimumMinimum VDOT

Public Road Front lot Line required lotstandards

width

E Any point within thePublic Subdivision Road* front half of the total 20’


depth

Any point within thePrivate Subdivision Road* front half of the total 20’ 50’

depth

All other roads and Any point within theeasements (including family front half of the total 20’* * 20’* *

divisions) depth

(c) The division of lots, or reduction of size in lots through boundary line adjustments, intoparcels smaller than ten (10) acres for the purpose of creating lots for the uses, other than familyhomesteads, listed in subsection (a) is prohibited.

Page 5 of 16

* Subdivision roads are those created through the subdivision process

**for any lot or parcel that is described in deeds or plats recorded in the Hanover County CircuitCourt Clerks Office prior to the close of business on October 9, 1996, the property owner mayobtain a building permit or otherwise develop the property for use as a single-family residence ifthe property owner can demonstrate that he has a legal right of access to the property for such use.

5. That the Hanover County Code, Zoning Ordinance, Section 26-3 3, Permitted uses in the AR-6 Agricultural Residential District, is amended to provide for the following:




6. That the Hanover County Code, Zoning Ordinance, Section 26-3 5, Conditional uses in the AR-6 Agricultural Residential District, is amended to provide for the following:



20. Places of worship, on parcels (a) less than two (2) acres in size or (b) in recordedsubdivisions containing three (3) or more lots.

7. That the Hanover County Code, Zoning Ordinance, Section 26-3 9, Density requirements andlot size requirements in the AR-6 Agricultural Residential District, is amended to read in itsentirety as follows:

Section 26-39. - Density requirements and lot size requirements.

(a) The minimum parcel size for consideration of AR-6 zoning shall be four (4) acres. The zoningrequest shall apply to the subject parcel in its entirety. Permissible density shall be calculatedas follows:

Parcel Size Maximum # of Lots Minimum Lot Size



25+ acres* 1 lot per 6.25 acres 5 acres

* Fractions resulting from the calculation shall be rounded down to the next whole number.

(b) No lot less than twenty (20) acres in area which is part of a recorded subdivision shall beeligible for consideration for AR-6, Agricultural Residential District zoning.

(c) Lot size requirements:

Page 6 of 16

450

400

275

250

200

300

300

The minimum lot area shall be the

facility.

Lot Depth

200

200

200

200

300

200

300

200

200

200

200

200

Minimum, Feet

Lot Width

Minimum, Acres

LotArea

5acres1Single-family dwelling on the following


(a) 160 ft. rights-of-way

(b) 80 ft. rights-of-way

r (c) 60 ft. rights-of-way

(d) SOft. rights-of-way

2. Places of worship

3. Animal hospital, larger animals

Animal hospital, small animals, open pens

or kennels

2 acres

10 acres

5 acres4. 300

5. Recreation uses clubs, campgrounds 5 acres 200

6. Stable, commercial 5 acres 200

7. Stable, private 2 acres 200

Frog or fish farms, or the raising for sale8. 5 acres 200

of small animals

Medical office

Public building or facility:

9.

10.

Notes:

2 acres

areanecessary to accommodate the use, anyaccessory use, and any required buffers,

screening or access to the public building or

Page 7 of 16

1. Lot width is measured at the front lot line for any lot located along any public road exceptthose public roads created through the subdivision process; for lots located along a privateroad or a public road created through the subdivision of a parcel, lot width is measured ata point within the front half of the total depth of the lot. When access to a lot exempt fromsubdivision requirements is provided by use of a right-of-way with a width of fifty (50)feet or less, the lot shall meet the minimum width requirements for any lot which hasfrontage on a fifty-foot right-of-way.

2. Minimum frontage for development on private roads or any other road created throughsubdivision is twenty (20) feet; frontage on any other public road shall be the minimumrequired lot width.

3. Proposed rights-of-way are those designated by the Major Thoroughfare Plan.

8. That the Hanover County Code, Zoning Ordinance, Section 26-45, Conditional uses in the RCDistrict, is amended to provide for the following:




9. That the Hanover County Code, Zoning Ordinance, Section 26-59, Conditional uses in the RSSingle-Family Residential District, is amended to provide for the following:




10. That the Hanover County Code, Zoning Ordinance, Section 26-72, Conditional uses in the RM Multi-Family Residential District, is amended to provide for the following:




11. That the Hanover County Code, Zoning Ordinance, Section 26-28, Conditional uses in the MXMixed Use District, is amended to provide for the following:

Section 26-88. - Conditional uses



12. That the Hanover County Code, Zoning Ordinance, Section 26-107, Permitted uses in the B-iNeighborhood Business District, is amended to provide for the following:



Page 8 of 16


13. That the Hanover County Code, Zoning Ordinance, Section 26-110, Conditional uses in the B-1 Neighborhood Business District, is amended to delete the following:


7. Churches and other places of w expansion by more than fifty (50) perccui

of original floor area of a church or place of worship.

14. That the Hanover County Code, Zoning Ordinance, Section 26-163, Permitted uses in the MiLimited Industrial District, is amended to provide for the following:



1. Any use permitted in the B-i Neighborhood Business District, except for places ofworship, greenhouses, and nurseries for growing plants, trees, and shrubs.

15. That the Hanover County Code, Zoning Ordinance, Section 26-165, Conditional uses in theM-iLimited Industrial District, is amended to read in its entirety as follows:




2. Auditorium or lecture hall and recreation facilities primarily for employees in thedistrict.

3. Greenhouses, commercial, wholesale or retail.




16. That the Hanover County Code, Zoning Ordinance, Section 26-172, Permitted uses in the M2 Light Industrial District, is amended to provide for the following:



1. Any use permitted in the B-O, business office district, B-i, neighborhood businessdistrict, or the M-i, limited industrial district, except for places of worship.

17. That the Hanover County Code, Zoning Ordinance, Section 26-174, Conditional uses in theM-2 Light Industrial District, is amended to read in its entirety as follows:



Page 9 of 16


2. Carwash or vehicle washing facility, automatic or otherwise.




6. Propane Storage and distribution.


8. Stable or riding academy.

9. Storage, transfer and distribution of industrial gases, where such gases are stored intanks in excess of five thousand (5,000) gallons, or where the total storage of such gaseson a lot exceeds twenty thousand (20,000) gallons.

10. Theaters, including drive-in theaters.

11. Truck stops.

12. Wholesale Motor Vehicle Auction.

18. That the Hanover County Code, Zoning Ordinance, Section 26-12 3, Conditional uses in theM-3 Heavy Industrial District, is amended to read in its entirety as follows:



1. Any conditional use permitted in the A-i, Agricultural District or the B-iNeighborhood Business District.

2. The manufacturing, compounding, processing, packaging, fabrication or treatment ofthe following:

(a) Asbestos products or abatement services.

(b) Chemical and allied products.

(c) Disinfectants or related industrial or household chemical compounds.

(d) Explosives, including ammunition and fireworks, and explosive storage.

(e) Insecticides and fungicides.

(f) Paint and coating.

(g) Pesticide, fertilizer, and other agricultural chemicals.

(h) Petroleum and coal products.

(i) Primary metals.

(I) Rendering and meat byproduct processing.

3. Atomic laboratories.

Page 10 of 16

4. Automobile wrecking yard.

5. Car wash or vehicle washing facility, automatic or otherwise.

6. Incinerator, industrial or public.

7. Junkyards, open or enclosed storage ofjunk.

8. Materials recovery facilities.

9. Petroleum storage.



12. Radioactive waste handling.

13. Steam generation plants producing steam for others.

14. Storage of dead animals, offal, garbage and waste products.

15. Stockyard.

16. Stone crushing and grinding.

17. Testing ofjet engines and rockets.

18. Truck stops.

19. That the Hanover County Code, Zoning Ordinance, Section 26-243, Regulations applicable toside yards, is amended to provide for the following:

Section 26-243. - Side yards.

(a) Open, unenclosed porches, platforms, or paved terraces, not covered by roof or canopyand which do not extend above the level of the first floor of the building, may extendor project into the required side setback not more than six (6) feet.

(5) Where a building in a commercial district is subject to the height, area, and bulkrequirements applicable to residential development under section 26-248(b), the sideyard requirements for residential development shall be applied only to the lowest floor(and all floors above it) which contains more than twenty-five (25) percent of its areaused for dwelling. All floors shall be subject to side yards required by these regulationsfor commercial buildings adjacent to residential districts.

(c) For the purpose of the side yard regulations, a group of business or industrial buildingsseparated by common or party walls shall be considered as one (1) building occupyingone (1) lot.

(d) The minimum depth of side yards for schools, libraries, community houses, places ofworship, and other public and semipublic buildings in residential districts shall betwenty-five (25) feet, except where a side yard is adjacent to a business or industrialdistrict, in which case, the depth of the yard shall be as required in the districtregulations for the district in which the building is located.

Page 11 of 16

20. That the Hanover County Code, Zoning Ordinance, Section 26-248, Modification of heightregulations, is amended to read in in part as follows:

Section 26-248. - Modification of height regulations.

(a) Subject to the following specific modifications, no structure may exceed the heightlimit provided under the applicable zoning district:

1. Except within an APO Airport Protection Overlay District or within theHanover County Airspace Map area, the height limitations of this Ordinanceshall not apply to the following structures when such structures do not exceeda height of one hundred twenty-five (125) feet:

c. Spires attached to places of worship.

3. Except as may be restricted within an APO Airport Protection Overlay Districtor within the Hanover Airspace Map area, public and semipublic or publicservice buildings, hospitals, institutions or schools, when permitted in a district,may be erected to a height not exceeding sixty (60) feet and places of worshipmay be erected to a height not exceeding seventy-five (75) feet when therequired side and rear yards are each increased by at least one (1) foot for eachone (1) foot of additional building height above the height regulations for thedistrict in which the building is located.

4. Notwithstanding any other provisions of this Ordinance:

(a) No place of public assembly, including but not limited to, schools,places of worship, hospitals, theaters, and assembly halls, shall beerected or otherwise located under an “approach surface” as defined bythe FAA and within ten thousand (10,000) feet of the end of an airportrunway. This provision shall only apply to airports included within anAPO Airport Protection Overlay District.

21. That the Hanover County Code, Zoning Ordinance, Section 26-251, Parking requirements, isamended to read in its entirety as follows:

Section 26-25 1. - Parking requirements.

Accessory parking spaces (including structural, under-structure, off-street and on-street, aspermitted by district regulations) shall be provided as follows:

Uses Minimum Number of Required Parking Spaces

Residential Uses:

Page 12 of 16

Residential dwelling (single family2 spaces per dwelling unit

detached) (other than age-restricted)

Attached townhouse or multiple-familydwelling (other than age restricted 2 spaces per dwelling unit

dwellings)

Age-restricted dwelling (includingattached or detached dwelling, 1.5 spaces per dwelling unit

townhouse or multiple-family dwelling)

Rooming, boarding or lodging house 1 space per bedroom

Hotel or motel 1 space per unit, plus 5 spaces

Institutional Uses:

rTspace per 4 seats or bench seating spaces in mainPlace of worship

auditorium or sanctuary

Day nursery or child day care center, 1 space per 350 square feet of gross floor areaadult day care (GFA)

Elementary, or junior highlmiddle school 4 spaces per classroom

High school 6 spaces per classroom

1 space per seat or bench seating space inCollege, university, adult learning auditorium; together with dormitories, add 1 space

institution per bedroom. If no auditorium or dormitories, then10 spaces per classroom

I 10 spaces per use plus 1 additional space for eachPublic library, museum, or community

300 square feet of GFA in excess of 1000 squarecenter

feet

Private club, fraternity, sorority, and 1 space per 600 square feet of GFA, or 2 perlodge, with sleeping rooms bedroom, whichever is greater

Page 13 of 16

Private club, fraternity, sorority, and1 space per 600 square feet of GFA

lodge, with no sleeping rooms

r 1 space per 350 square feet of GFA in mainCamp, day or boarding assembly/dining building and administrative

buildings

Hospital 2 spaces per bed

Nursing home, convalescent home, and1 space per 2 patient beds

rest home

Assisted living facility 2 spaces, plus 0.5 spaces per bedroom

1 space per 400 square feet of GFA; 4 spacesAnimal hospital

minimum

Business/Industrial Uses:

Retail store, personal service For first 100,000 square feet of GFA: 1 space perestablishment, bank, shopping center (not 250 square feet of GFA; for every 1000 square feetincluding home furnishing and appliance of GFA beyond 100,000 square feet: 1 space per 200

store) square feet of GFA

Home furnishing or appliance store 1 space per 1000 square feet of GFA

Retail, display, and associated office floor area: 1space per 250 square feet GFA minimum 4 spaces

Machinery, equipment, and automobileStorage and shop: 1 space per 2,000 square feet of

and boat sales and serviceGFA

Auto sales/service: minimum 10 spaces

Restaurant or other establishment for

consumption of food or beverages on the 1 space per 100 square feet of GFApremises (other than fast food restaurant)

Restaurant, fast-food or carry-out 1.25 spaces per 100 square feet of GFA

Page 14 of 16

Office or office building (other thanmedical), post office, studio (other than 1 space per 400 square feet of GFA

athletic studio)

1 space per 200 square feet of GFA;Medical office or clinic . .

Clinic: minimum 10 spaces

1 space per 50 square feet of GFA of main assemblyfuneral home

area; minimum 30 spaces

Retail, display, and associated office floor area: 1General contractor and repair shops space per 400 square feet GFA, plus 1 space per

2000 square feet of GFA of warehouse/storage

Broadcasting station 1 space per 300 square feet of GFA

All industrial uses not otherwise 1 space per 5000 square feet of GfA, plus 1 spaceprovided for in this table per 400 square feet of office area

Entertainment Uses:

Major event entertainment, auditorium,1 space per 4 seats or bench seating spaces

theater, stadium, or arena

Bowling alley 5 spaces per lane

4 per hole (including a putting green) plus 1 spaceCountry club or golf club, driving range,

per tee for a driving range (in conjunction with aminiature golf course

course); add 5 spaces for stand-alone driving range

1 space per 50 square feet of GFA devoted toIndoor fitness center, recreation facility, instructional fitness, aerobics, weight training, or

gymnasium or athletic facility similar activities, plus 1 space per 400 square feet ofGFA for indoor pools, courts, or similar facilities

Indoor sports and recreation instruction 1 space per 400 square feet

Page 15 of 16

Outdoor athletic or playing field(including baseball/softball, soccer, 45 spaces per field or pool

swimming pooi and hockey)

Amusement facility or park, dance hail,skating rink, indoor swimming pooi, 1 per 100 square feet of GFA, unless otherwiseconvention hall or exhibition hall, specified at time of zoning approval

without fixed seats

22. That the Hanover County Code, Zoning Ordinance, Section 26-274, General sign requirementsfor residential districts, is amended to read in part as follows:

Section 26-274. - General Requirements - Residential Districts

(a) The following signs are permitted in the A-i, AR-2, AR-i, RC, AR-6, RS, R-1, R2, R-3, R-4, R-5, and RM Zoning Districts, and those portions of an MX District that are usedsolely for residential uses:

5. A sign for a bulletin board for a place or worship or the identification of permittedpublic and semipublic uses, recreational uses, or clubs. The sign shall conform tothe size and location regulations contained in section 26-276(e), below.

23. That the Hanover County Code, Zoning Ordinance, Section 26-295, Cemeteries, is amendedto read in its entirety as follows:

Section 26-295. - Cemeteries.

The following provisions shall apply to the operation of a cemetery:

1. May include a crematorium provided such building is located at least two hundred(200) feet from the boundaries of the cemetery.

2. The minimum area of the cemetery shall be ten (10) acres unless accessory to aplace of worship or limited to use by a family.

24. That the Hanover County Code, Zoning Ordinance, Section 26-317, Uses and activities whichrequire a site plan, is amended to read in part as follows:

Section 26-317. - Uses and activities which require a site plan.

(a) A site plan shall be required for the following uses:

2. All business and industrial uses and places of worship, except for:

25. This ordinance shall be effective on the date of adoption.

Page 16 of 16

Documents

DIRECTOR OF PLANNING HENRY DISTRICT AICP DAVID P. MALONEY …