It is the intent of this district to ensure that U.S. Route 11, the
"Old Valley Pike," continues to offer local residents and tourists
a safe and beautiful route through rural countryside and historic
towns, a scenic byway and an artery offering opportunities for tourism
and economic development. To this end, these regulations are intended
to:
To the extent practicable, this article shall be interpreted so as
to be consistent with the Old Valley Pike Overlay District Vision
Statement and Design Guidelines (the "Guidelines"), which expresses
the Board's legislative intent adopted on August 26, 2008. The Guidelines
are available for review in the Community Development Office.
The boundaries of the Old Valley Pike Corridor Overlay District,
the Rural Landscape Area, and the Town Gateway Area are delineated
on the Official Zoning Map.[1] If the map is ambiguous in any way, the Zoning Administrator
shall resolve such ambiguities using the following:
Nonconforming uses. Any use, activity, parcel, or structure subject to the provisions of this article which does not conform to such provisions at the time of adoption shall be considered nonconforming and subject to the regulations in Article IV, Nonconforming Uses, of this chapter.
Any application made to the County for a use described in § 165-150G through L and requiring a formal site plan as set forth in Article XIV of this chapter shall be reviewed by the Zoning Administrator and forwarded to the Planning Commission.
Any application made to the County for a use described in § 165-150G through L not requiring a formal site plan as set forth in Article XIV of this chapter shall be administratively reviewed and approved by the Zoning Administrator.
Any addition, remodel, modification, or new accessory building
to a structure existing on September 1, 2008, shall not require a
review under the overlay district.
All future entrances along Route 11 will be located and designed
to meet VDOT standards and comply with VDOT's Land Use Permit Regulations
(24 VAC 30-151).
Rural Landscape Area: residential. Agricultural buildings used for
agriculture production and new single-family dwellings not in subdivisions,
existing single-family dwellings, and new and existing accessory structures
on lots of record are exempt from these provisions. New residential
subdivisions (two or more new lots created), new townhouse developments,
and new multifamily projects approved after the adoption of the overlay
district shall meet the following requirements:
The buffer shall be maintained as green space and include an opaque screen buffer as defined in § 165-4 of this chapter. Existing vegetation may be used if it is determined by the Zoning Administrator to be sufficient.
Provisions for the continued maintenance of all screen buffers
shall be provided by the property owner. In the event that any part
of the buffer dies, replacement shall occur within 60 days. Extensions
of time to replace any part of the buffer shall be permitted by the
Zoning Administrator due to weather conditions.
Access to the site shall be limited to one access point on Route
11 unless it is determined by the Virginia Department of Transportation
that other access points are necessary. Separate entrance-only and
exit-only access systems may be used if it is determined this method
is the safest means of providing ingress and egress. Additional methods
of access may be used, such as:
Outdoor lighting shall be downcast and fully shielded to prevent
light trespass onto neighboring properties and Route 11 travel lanes.
Parking lot light fixtures and building-mounted light fixtures shall
be downcast and fully shielded.
At least 5% of the total parking area shall be landscaped in
the form of landscaped planting islands located every 10 or fewer
spaces. The interior dimensions shall be a minimum of six feet in
width or an area sufficient in size to protect the landscaping material
planted therein. Depending on the parking lot configuration, the length
shall be equivalent to the length of adjacent parking spaces or the
length of the parking bay.
Planting islands shall include a minimum of one tree (minimum
caliper of 1.75 inches) from the tree list in Section 4.3.9 of the
Guidelines as well as with shrubs and/or a vegetated ground cover
or mulch.
Provisions for the continued maintenance of all landscaping
shall be provided by the property owner. In the event that any part
of the landscaping dies, replacements shall occur within 60 days.
Extensions of time to replace landscaping shall be permitted by the
Zoning Administrator due to weather conditions.
One sign shall be allowed along Route 11 for each major entrance
into the development, including entrances off secondary streets, and
shall include the following:
The sign may be illuminated internally or may be illuminated
by top-mounted lighting downcast and fully shielded. Concealed ground-mounted
spotlights may be used but shall be placed such that they are directed
to the object to be illuminated. No light trespass from the site shall
occur.
Screened from view on all sides by a light screen buffer as defined in § 165-4. Existing natural vegetation located on the property under development may be used for screening.
Provisions for the continued maintenance of all screen buffers
shall be provided by the property owner. In the event that any part
of the light screen buffer or natural vegetation dies, replacement
shall occur within 60 days. Extensions of time to replace any part
of the buffer shall be permitted by the Zoning Administrator due to
weather conditions.
Rural Landscape Area: commercial/institutional developments. All
new commercial developments and all new institutional developments
(churches, schools, etc.) approved after the adoption of the overlay
district shall meet the following requirements.
An opaque screen buffer as defined in § 165-4 of this chapter. Existing vegetation may be used in lieu of planting where it is determined by the Zoning Administrator to be sufficient.
Provisions for the continued maintenance of all buffers shall
be provided by the property owner. In the event that any part of the
buffer dies, replacement shall occur within 60 days. Extensions of
time to replace any part of the buffer shall be permitted by the Zoning
Administrator due to weather conditions.
Access to the site shall be limited to one access point on Route
11 unless it is determined by the Virginia Department of Transportation
that other access points are necessary. Separate entrance-only and
exit-only access systems may be used if it is determined this method
is the safest means of providing ingress and egress. Additional methods
of access may be used, such as:
Outdoor lighting shall be downcast and fully shielded to prevent
light trespass onto neighboring properties and Route 11 travel lanes.
Parking lot light fixtures and building-mounted light fixtures shall
be downcast and fully shielded.
At least 5% of the total parking area shall be landscaped in
the form of landscaped planting islands located every 10 or fewer
spaces. The interior dimensions shall be a minimum of six feet in
width or an area sufficient in size to protect the landscaping material
planted therein. Depending on the parking lot configuration, the length
shall be equivalent to the length of adjacent parking spaces or the
length of the parking bay.
Planting islands shall include a minimum of one tree (minimum
caliper of 1.75 inches) from the tree list in Section 4.3.9 of the
Guidelines as well as with shrubs and/or a vegetated ground cover
or mulch.
Provisions for the continued maintenance of landscaping shall
be provided by the property owner. In the event that any part of the
landscaping dies, replacement shall occur within 60 days. Extensions
of time to replace landscaping shall be permitted by the Zoning Administrator
due to weather conditions.
An evergreen shrub of a type that will reach a height of three
feet to four feet at maturity and planted in a manner to create a
solid screen on the perimeter of the parking lot.
Provisions for the continued maintenance of all landscaping
shall be provided by the property owner. In the event that any part
of the landscaping dies, replacement shall occur within 60 days. Extensions
of time to replace any part of the landscaping shall be permitted
by the Zoning Administrator due to weather conditions.
One sign shall be allowed along Route 11 for each major entrance
into the development, including entrances off secondary streets, and
shall include the following:
The sign may be illuminated internally or may be illuminated
by top-mounted lighting downcast and fully shielded. Concealed ground-mounted
spotlights may be used but shall be placed such that they are directed
to the object to be illuminated. No light trespass from the site shall
occur.
Common service function areas, including loading docks and doors,
garage doors, trash receptacles and dumpsters, electrical and mechanical
equipment, and HVAC units, shall be located to the rear of the building
and screened from view from adjacent properties using the following
methods:
Screened from view on all sides by a light screen buffer as defined in § 165-4. Existing natural vegetation located on the property under development may be used for screening.
Provisions for the continued maintenance of all screen buffers
shall be provided by the property owner. In the event that any part
of the light screen buffer or natural vegetation dies, replacement
shall occur within 60 days. Extensions of time to replace any part
of the screening shall be permitted by the Zoning Administrator due
to weather conditions.
All new primary structures shall face the front facade of the
structure to Route 11. In the event that topography, lot size or another
restrictive feature prohibits the structure from facing Route 11,
the Zoning Administrator may make a modification to this requirement.
The front facade shall include the following:
Features that provide visual variety to wall surfaces, such
as windows, doors, arcades, porches, pilasters, and/or awnings, shall
be used. In lieu of these features, landscaping, such as trees, bushes,
berms, etc., may be used to provide visual variety.
All landscaping shall be maintained by the property owner. In
the event that any part of the landscaping dies, replacement shall
occur within 60 days. Extension of time to replace landscaping shall
be permitted by the Zoning Administrator due to weather conditions.
An opaque screen buffer as defined in § 165-4. Existing vegetation may be used in lieu of new planting where it is determined by the Zoning Administrator to be sufficient.
Provisions for the continued maintenance of buffers shall be
provided by the property owner. In the event that any part of the
buffer dies, replacement shall occur within 60 days. Extensions of
time to replace any part of the buffer may be permitted by the Zoning
Administrator due to weather conditions.
Access to the site shall be limited to one access point on Route
11 unless it is determined by the Virginia Department of Transportation
that other access points are necessary. Separate entrance-only and
exit-only access systems may be used if it is determined this method
is the safest means of providing ingress and egress. Additional methods
of access may be used, such as:
Outdoor lighting shall be downcast and fully shielded to prevent
light trespass onto neighboring properties and Route 11 travel lanes.
Parking lot light fixtures and building-mounted light fixtures shall
be downcast and fully shielded.
At least 5% of the total parking area shall be landscaped in
the form of landscaped planting islands located every 10 or fewer
spaces. The interior dimensions shall be a minimum of six feet in
width or an area sufficient in size to protect the landscaping material
planted therein. Depending on the parking lot configuration, the length
shall be equivalent to the length of adjacent parking spaces or the
length of the parking bay.
Planting islands shall include a minimum of one tree (minimum
caliper of 1.75 inches) from the tree list in Section 4.3.9 of the
Guidelines, as well as shrubs and/or a vegetated ground cover or mulch.
Provisions for the continued maintenance of landscaping shall
be provided by the property owner. In the event that any part of the
landscaping dies, replacement shall occur within 60 days. Extensions
of time to replace landscaping shall be permitted by the Zoning Administrator
due to weather conditions.
An evergreen shrub of a type that will reach a height of three
feet to four feet at maturity and planted in a manner to create a
solid screen on the perimeter of the parking lot.
Provisions for the continued maintenance of all landscaping
shall be provided by the property owner. In the event that any part
of the landscaping dies, replacement shall occur within 60 days. Extensions
of time to replace any part of the landscaping shall be permitted
by the Zoning Administrator due to weather conditions.
The sign may be illuminated internally or may be illuminated
by top-mounted lighting downcast and fully shielded. Concealed ground-mounted
spotlights may be used but shall be placed such that they are directed
to the object to be illuminated. No light trespass from the site shall
occur.
The sign shall be constructed of wood, brick, or stone masonry, or other materials included in the Guidelines. Wall signs may also be allowed as permitted in Article XIII of this chapter.
Town Gateway Area: residential. Agricultural buildings used for agriculture
production, new single-family dwellings not in subdivisions, existing
single-family dwellings, and new and existing accessory structures
on lots of record are exempt from these provisions. New residential
subdivisions (two or more new lots created), new townhouse developments,
and new multifamily projects approved after the adoption of the overlay
district shall meet the following requirements:
All new developments shall be designed so that the dwellings
that front on Route 11 shall address Route 11 by facing the front
facade of the dwelling to the road and including a major building
entrance.
Access to the site shall be limited to no more than one access
point on Route 11 unless it is determined by the Virginia Department
of Transportation that other access points are necessary. Separate
entrance-only and exit-only access systems may be used if it is determined
this method is the safest means of providing ingress and egress. Additional
methods of access may be used, such as:
Outdoor lighting shall be downcast and fully shielded to prevent
light trespass onto neighboring properties and Route 11 travel lanes.
Parking lot light fixtures and building-mounted light fixtures shall
be downcast and fully shielded.
Off-street parking lots located in front of buildings shall not exceed one two-sided bay of parking between the building and Route 11. In the Town Gateway, where on-street parking spaces are allowed along the public road frontage of the lot, the spaces shall be counted toward fulfilling the requirements of §§ 165-86 and 165-87 of this chapter.
At least 5% of the total parking area shall be landscaped in
the form of landscaped planting islands located every 10 or fewer
spaces. The interior dimensions shall be a minimum of six feet in
width or an area sufficient in size to protect the landscaping material
planted therein. Depending on the parking lot configuration, the length
shall be equivalent to the length of adjacent parking spaces or the
length of the parking bay.
Planting islands shall include at least one tree (minimum caliper
of 1.75 inches) from the tree list in Section 4.3.9 of the Guidelines,
as well as shrubs and/or a vegetated ground cover or mulch.
Provisions for the continued maintenance of all landscaping
shall be provided by the property owner. In the event that any part
of the landscaping dies, replacements shall occur within 60 days.
Extensions of time to replace landscaping shall be permitted by the
Zoning Administrator due to weather conditions.
An evergreen shrub of a type that will reach a height of three
to four feet at maturity and planted in a manner to create a solid
screen on the perimeter of the parking lot.
Provisions for the continued maintenance of all landscaping
shall be provided by the property owner. In the event that any part
of the landscaping dies, replacements shall occur within 60 days.
Extensions of time to replace landscaping shall be permitted by the
Zoning Administrator due to weather conditions.
The sign may be illuminated internally or may be illuminated
by top-mounted lighting downcast and fully shielded. Concealed ground-mounted
spotlights may be used but shall be placed such that they are directed
to the object to be illuminated. No light trespass from the site shall
occur.
Provisions for the continued maintenance of all landscaping
shall be provided by the property owner. In the event that any part
of the landscaping dies, replacements shall occur within 60 days.
Extensions of time to replace landscaping shall be permitted by the
Zoning Administrator due to weather conditions.
Common service function areas, including trash receptacles and
dumpsters, mechanical equipment and HVAC units, shall be located to
the rear of the building and screened from view from adjacent properties
using the following methods:
Provisions for the continued maintenance of all screen buffers
shall be provided by the property owner. In the event that any part
of the light screen buffer or natural vegetation dies, replacement
shall occur within 60 days. Extensions of time to replace any part
of the screening shall be permitted by the Zoning Administrator due
to weather conditions.
Town Gateway: commercial and institutional. All new commercial and
new institutional projects approved after the adoption of the overlay
district shall meet the following requirements:
All new structures shall address Route 11 by facing the front
facade of the structure to Route 11 and include a major building entrance
facing on the road. The front facade shall include the following:
Access to the development as shown on the site plan shall be
limited to no more than one access point on Route 11 unless it is
determined by the Virginia Department of Transportation that other
access points are necessary. Separate entrance-only and exit-only
access systems may be used if it is determined this method is the
safest means of providing ingress and egress. Additional methods of
access may be used such as:
Outdoor lighting shall be downcast and shielded to prevent light
trespass onto neighboring properties and Route 11 travel lanes. Parking
lot light fixtures and building-mounted light fixtures shall be downcast
and fully shielded.
Off-street parking lots located in front of buildings shall not exceed one two-sided bay or parking between the building and Route 11. In areas of the Town Gateway where on-street parking spaces are allowed along the public road frontage of the lot, the spaces shall be counted as fulfilling the requirements of §§ 165-86 and 165-87 of this chapter.
At least 5% of the total parking area shall be landscaped in
the form of landscaped planting islands located every 10 or fewer
spaces. The interior dimensions shall be a minimum of six feet in
width or an area sufficient in size to protect the landscaping material
planted therein. Depending on the parking lot configuration, the length
shall be equivalent to the length of adjacent parking spaces or the
length of the parking bay.
Planting islands shall include a minimum of one tree (minimum
caliper of 1.75 inches) from the tree list in Section 4.3.9 of the
Guidelines, as well as shrubs and/or a vegetated ground cover or mulch.
Screening using an evergreen shrub of a type that will reach
a height of three feet to four feet at maturity and planted in a manner
to create a solid screen on the perimeter of the parking lot.
Provisions for the continued maintenance of all landscaping
shall be provided by the property owner. In the event that any part
of the landscaping dies, replacements shall occur within 60 days.
Extensions of time to replace landscaping shall be permitted by the
Zoning Administrator due to weather conditions.
The sign may be illuminated internally or may be illuminated
by top-mounted lighting downcast and fully shielded. Concealed ground-mounted
spotlights may be used but shall be placed such that they are directed
to the object to be illuminated. No light trespass from the site shall
occur.
The sign shall be constructed of wood, brick, or stone masonry, or other materials included in the Guidelines. Wall signs may also be allowed as permitted in Article XIII of this chapter.
All street trees shall have a minimum tree caliper of 1.75 inches
at the time of planting. Existing vegetation may be used in lieu of
new planting where it is determined by the Zoning Administrator to
be sufficient and approved by the Planning Commission.
Provisions for the continued maintenance of all landscaping
shall be provided by the property owner. In the event that any part
of the landscaping dies, replacements shall occur within 60 days.
Extensions of time to replace landscaping shall be permitted by the
Zoning Administrator due to weather conditions.
Common service function areas, including trash receptacles and
dumpsters, mechanical equipment and HVAC units, shall be located to
the rear of the building and screened from view from adjacent properties
using the following methods:
Town Gateway: industrial developments. All new industrial developments
approved after the adoption of the overlay district shall meet the
following requirements:
Provisions for the continued maintenance of all landscaping
shall be provided by the property owner. In the event that any part
of the landscaping dies, replacements shall occur within 60 days.
Extensions of time to replace landscaping shall be permitted by the
Zoning Administrator due to weather conditions.
Access to the development shall be limited to one access point
on Route 11 unless it is determined by the Virginia Department of
Transportation that other access points are necessary. Separate entrance-only
and exit-only access systems may be used if it is determined this
method is the safest means of providing ingress and egress. Additional
methods of access may be used, such as:
Outdoor lighting shall be downcast and fully shielded to prevent
light trespass onto neighboring properties and Route 11 travel lanes.
Parking lot light fixtures and building-mounted fixtures shall be
downcast and fully shielded.
At least 5% of the total parking area shall be landscaped in
the form of landscaped planting islands located every 10 or fewer
spaces. The interior dimensions shall be a minimum of six feet in
width or an area sufficient in size to protect the landscaping material
planted therein. Depending on the parking lot configuration, the length
shall be equivalent to the length of adjacent parking spaces or the
length of the parking bay.
Planting islands shall include a minimum of one tree (minimum
caliper of 1.75 inches) from the tree list in Section 4.3.9 of the
Guidelines, as well as shrubs and/or a vegetated ground cover or mulch.
Provisions for the continued maintenance of all landscaping
shall be provided by the property owner. In the event that any part
of the landscaping dies, replacements shall occur within 60 days.
Extensions of time to replace landscaping shall be permitted by the
Zoning Administrator due to weather conditions.
A five-foot sidewalk shall be provided by the property owner
in the forty-foot buffer area along the entire Route 11 frontage in
a location to connect with adjoining properties.
The sign may be illuminated internally or may be illuminated
by top-mounted lighting downcast and fully shielded. Concealed ground-mounted
spotlights may be used but shall be placed such that they are directed
to the object to be illuminated. No light trespass from the site shall
occur.
The sign shall be constructed of wood, brick, or stone masonry, or other materials included in the Guidelines. Wall signs may also be allowed as permitted in Article XIII of this chapter.
Review of development proposals. The Zoning Administrator shall
determine within 30 days of receiving an application whether a proposal
requires a review under this article, and if a review is needed, the
following action shall be taken.
For development proposals requiring a formal site plan in accordance with Article XIV, § 165-97, the proposal shall be forwarded to the Planning Commission.
For development proposals requiring no formal site plan, the
proposal shall be administratively reviewed and approved if all requirements
of the section have been met.
No zoning permit or building permit shall be issued, or site
plan be approved, until such zoning or building permit or site plan
is determined to be in compliance with, or not subject to, this article.
Actions on development proposals. The application shall be approved
or disapproved within the period for action specified in the Zoning
Ordinance for the type of application being considered:
The Board of Supervisors shall have the right to review all
decisions of the Planning Commission made in the administration of
this article. Any person aggrieved by any decision of the Planning
Commission may request a review by the Board of Supervisors. Such
request shall be made in writing to the clerk of the Board of Supervisors
within 30 calendar days of decision. The Board of Supervisors may
affirm, reverse, or modify, in whole or in part, the decision. In
considering an appeal, the Board of Supervisors shall give due consideration
to the recommendations of the Planning Commission, together with such
other evidence as it deems necessary for a proper review. Appeals
of the Board of Supervisors' decision may be made directly to the
Circuit Court of Shenandoah County within 30 days of the Board of
Supervisors' decision.
The Board of Zoning Appeals shall have the right to review all
decisions of the Zoning Administrator made in the administration of
this article. Any person aggrieved by a decision of the Zoning Administrator
may request a review by the Board of Zoning Appeals. Such request
shall be made in writing to the Zoning Administrator within 30 calendar
days of the date of the decision. The Board of Zoning Appeals may
affirm, reverse, or modify, in whole or in part, the decision. In
considering an appeal, the Board of Zoning Appeals shall give due
consideration to the recommendations of the Zoning Administrator together
with such other evidence as it deems necessary for a proper review.
Appeals of the Board of Zoning Appeals' decision may be made directly
to the Circuit Court of Shenandoah County within 30 days of the Board
of Zoning Appeals' decision.
Existing site conditions, including topography as specified in § 165-98, woodlands, existing trees that are outside wooded areas and are at least six inches in caliper (measured at 4.5 feet above the ground) or more and in good health, tree rows, stone walls, streams, rivers, and other water bodies.