Gloucester, VA Zoning Codes For Containers, 2014. Present and proposed county ordinances for storage containers within Gloucester County, Virginia. Part of a news article on Gloucester, Virginia Links and News website.

1. AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF
SUPERVISORS HELD ON TUESDAY, MARCH 4, 2014 IN THE COLONIAL
COURTHOUSE, 6504 MAIN STREET GLOUCESTER, VIRGINIA: ON A MOTION
DULY MADE BY _________________, AND SECONDED BY _________________, THE
FOLLOWING ORDINANCE WAS ADOPTED BY THE FOLLOWING VOTE:
Phillip N. Bazzani, ___;
Ashley C. Chriscoe, ____;
Christopher A. Hutson, ____;
Andrew James, Jr., ____;
John C. Meyer, Jr., ___;
Robert J. Orth, ____;
Michael R. Winebarger, ____;
AN ORDINANCE TO AMEND APPENDIX B – ZONING OF THE CODE
OF GLOUCESTER COUNTY, VIRGINIA, BY AMENDING ARTICLE 2 –
DEFINITIONS, SECTION 2-2 – DEFINITIONS; AND BY AMENDING
ARTICLE 9 - SUPPLEMENTARY DISTRICT REGULATIONS, SECTION
9-3 TEMPORARY BUILDINGS, CONSTRUCTION TRAILERS,
MANUFACTURED HOMES, AND TRAVEL TRAILERS AND ADDING
SECTION 9-24 - TEMPORARY FAMILY HEALTH CARE STRUCTURES
AND SECTION 9-25 - FREIGHT CONTAINERS
WHEREAS, the Gloucester County Planning Commission’s purpose is to
promote orderly development and advise the governing body on ways to improve the
public health, safety, convenience and welfare of the citizens of the County as
authorized pursuant to Virginia Code Section 15.2-2200; and
WHEREAS, the Gloucester County Planning Commission was informed that
the use of various types of portable storage containers and shipping or cargo
containers was not addressed in the Zoning Ordinance; and that Section 14-21 of the
Zoning Ordinance provides: “In any district, uses not specifically permitted shall not be
allowed. Persons desiring inclusion in the zoning ordinance of a use not specifically
permitted may apply for an amendment to the ordinance, in accordance with the
procedures set forth herein;” and
WHEREAS, the Gloucester County Planning Commission developed and
reached consensus on a list of definitions and recommendations which would provide
for processes by which to allow for the use of shipping containers for storage as a
permitted use in certain districts, and for the use of temporary portable storage
containers in various circumstances; and
WHEREAS, the Gloucester County Planning Commission recommended
providing for the use of “temporary family health care structures” as part of the
proposed amendments to comply with Virginia Code Section 15.2-2292.1; and
Ordinance Recommended by PC - January 2, 2014
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2. WHEREAS, the proposed ordinance is consistent with several goals in
Gloucester County’s Comprehensive Plan, including: upgrading regulations as growth
and development patterns warrant; encouraging efficient and attractive commercial
development to provide convenient access to goods and services, increase the number
of local jobs for County residents, and broaden the economic base of the County;
encouraging housing of various types by considering revisions to the land
development and construction codes to reflect new techniques and innovations in
order to facilitate housing development, rehabilitation and construction; and
encouraging quality by regulating the design of industrial areas to promote and
retain high standards of community appearance; and
WHEREAS, the Gloucester County Planning Commission prepared a draft
ordinance amendment and held a public hearing on January 2, 2014, voting 8-0
(with 3 absent and 2 vacancies) to forward the ordinance amendment to the
Gloucester County Board of Supervisors with a recommendation of approval; and
WHEREAS, the Gloucester County Board of Supervisors has held a duly
advertised public hearing and is of the opinion that public necessity, convenience,
general welfare, and good zoning practice will be furthered by such an amendment.
NOW, THEREFORE
Supervisors of Gloucester
Gloucester County Code,
Definitions; and Article 9
follows:
BE IT ORDAINED AND ENACTED, by the Board of
County, Virginia, this ___ day of ___, 2014, that the
Appendix B, Article 2 – Definitions, Section 2-2 –
- Supplementary District Regulations, be amended as
APPENDIX B – ZONING
Add the following definitions to Appendix B – Zoning – Article 2 – Section 2-2
Definitions:
Caregiver: An adult who provides care for a mentally or physically
impaired person within the Commonwealth. A caregiver shall be either related
by blood, marriage, or adoption to or the legally appointed guardian of the
mentally or physically impaired person for whom he is caring.
Freight containers: Portable, weather resistant receptacles designed for
the multi-modal shipment of goods, wares, or merchandise. This definition
includes shipping containers, cargo containers, and similar containers designed
for multi-modal transport. This definition does not include trailers, travel
trailers, tractor trailers, truck bodies, manufactured homes, motor vehicles, and
similar transportable units.
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3. Mentally or physically impaired person: A person who is a resident of
Virginia and who requires assistance with two or more activities of daily living,
as defined in Virginia Code Section 63.2-2200, as certified in writing provided
by a physician licensed by the Commonwealth.
Temporary family health care structure: A transportable residential
structure, providing an environment facilitating a caregiver's provision of care
for a mentally or physically impaired person, that (i) is primarily assembled at a
location other than its site of installation; (ii) is limited to one occupant who
shall be the mentally or physically impaired person or, in the case of a married
couple, two occupants, one of whom is a mentally or physically impaired
person, and the other requires assistance with one or more activities of daily
living as defined in Virginia Code Section 63.2-2200, as certified in writing by a
physician licensed in the Commonwealth; (iii) has no more than 300 gross
square feet; and (iv) complies with applicable provisions of the Industrialized
Building Safety Law (Virginia Code Section 36-70 et seq.) and the Uniform
Statewide Building Code (Virginia Code Section 36-97 et seq.). Placing the
temporary family health care structure on a permanent foundation shall not be
permitted.
Temporary portable storage container:
A fully enclosed box-like
container designed to permit ease of loading to and from a transport vehicle
and for temporary storage purposes on a site (typically known as PODS, MODS,
etc.). This definition does not include trailers, travel trailers, tractor trailers,
truck bodies, manufactured homes, motor vehicles, and similar transportable
units.
Temporary portable waste collection container: A container designed or
used on a property for the collection and hauling of waste or debris including
but not limited to roll-off containers or boxes and bin containers (dumpsters).
Amend Appendix B – Zoning - Article 9 - SUPPLEMENTARY DISTRICT
REGULATIONS Section 9-3 Temporary buildings, construction trailers,
manufactured homes, and travel trailers as follows:
Sec. 9-3. Temporary buildings, construction trailers, temporary portable storage
containers, temporary portable waste collection containers, manufactured
homes, and travel trailers.
Temporary buildings, construction trailers, temporary portable storage
containers, temporary portable waste collection containers, and manufactured
homes used in conjunction with construction work only, may be permitted in any
district during the period when construction work is in progress, as shown by
possession of a valid building permit, but such temporary facilities shall be removed
upon completion of the construction work. Temporary structures and containers
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4. placed on the property during construction shall not interfere with the access
or mobility of any actively used site or structure.
Manufactured homes used as temporary residence during construction or
reconstruction of a permanent residential structure may be permitted for up to twelve
(12) months upon approval by the zoning administrator. Extension(s) of six (6)
months may be granted at the discretion of the zoning administrator. For the first six
(6) months of the initial twelve (12) month period, no building permit for the
reconstruction or repair of a permanent residential structure damaged or destroyed,
as to be uninhabitable, by fire or natural disaster shall be required until the
commencement of said reconstruction or repair.
Travel trailers (recreational vehicles) used as temporary residence during
reconstruction of a permanent residence damaged, as to be uninhabitable, by fire or
other natural hazard may be permitted for up to twelve (12) months upon approval of
the zoning administrator. For the first six (6) months of the initial twelve (12) month
period, no building permit for the reconstruction or repair of a permanent residential
structure damaged or destroyed, as to be uninhabitable, by fire or natural disaster
shall be required until the commencement of said reconstruction or repair.
Extension(s) of six (6) months may be granted at the discretion of the zoning
administrator. The issuance of a zoning permit by the zoning administrator for travel
trailers (recreational vehicles) to be used as temporary residences shall be subject to
the following requirements:
(1)
(2)
(3)
(4)
The travel trailer (recreational vehicle) shall be placed no closer than five
(5) feet to any lot line.
Sanitary (water and sewer) and electrical connections shall be provided
by the applicant(s), be quick disconnect and conform to county and state
regulations.
The inhabitants shall evacuate themselves and/or the travel trailer
(recreational vehicle) when climatic conditions warrant, and within four
(4) hours of notification by federal, state or local authorities. The owner(s)
shall acknowledge and agree to hold harmless the county from liability
for any fire, theft, or casualty loss associated with the temporary use.
The travel trailer (recreational vehicle) shall be disconnected from
sanitary and electrical connection, and shall cease to be used as a
temporary residence, upon the earlier of either completion of the
reconstruction of the permanent residence or the expiration of the
permit.
Temporary portable storage containers shall be allowed for short term use
accessory to a legally permitted use under the following conditions:
(1)
(2)
(3)
A minimum five (5) foot setback from any property line.
A maximum of thirty (30) days of temporary accessory use without a
permit.
Only one (1) such container per parcel.
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5. (4)
The thirty (30) day time period may be extended in response to a
written request to the zoning administrator showing reasonable
cause.
Amend Appendix B – Zoning - Article 9 - SUPPLEMENTARY DISTRICT
REGULATIONS by adding Section 9-24. Temporary family health care
structures and Section 9-25. Freight containers and Section 9-26. Portable
Storage Containers.
Sec. 9-24. Temporary family health care structures.
The following requirements shall apply to temporary family health care
structures:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Temporary family health care structures shall be permitted as an
accessory use in any zoning district which permits single family
detached dwellings as a principal use.
Such structures shall comply with all setback requirements that
apply to the primary structure.
Only one (1) family health care structure shall be allowed on a lot or
parcel of land.
Any temporary family health care structure installed pursuant to
this section may be required to connect to any water, sewer, and
electric utilities that are serving the primary residence on the
property and shall comply with all applicable requirements of the
Virginia Department of Health.
A Zoning Permit shall be required prior to the installation of a
temporary family health care structure and, in addition to the
requirements of Section 15-2, the application shall contain evidence
of compliance with this section including:
a. The relationship of the caregiver to the occupant(s) of the
temporary family health care structure; and
b. Written certification provided by a physician licensed by the
Commonwealth establishing that the occupant(s) of the
temporary family health care structure meet the criteria
established in Virginia Code Section 15.2-2292.1.
No signage advertising or otherwise promoting the existence of the
structure shall be permitted either on the exterior of the temporary
family health care structure or elsewhere on the property.
Evidence of compliance with this section must be provided annually
on the anniversary date of the initial zoning approval, including a
current written certification by a physician licensed by the
Commonwealth as long as the temporary family health care
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6. (8)
(9)
structure remains on the property. Such evidence may involve the
inspection of the temporary family health care structure at
reasonable times convenient to the caregiver, not limited to any
annual compliance confirmation.
Any temporary family health care structure installed pursuant to
this section shall be removed within sixty (60) days of the date on
which the temporary family health care structure was last occupied
by a mentally or physically impaired person receiving services or in
need of the assistance provided for in this section. The applicant
shall notify the County upon removal of the temporary family
health care structure and provide for proper disconnection of all any
water, sewer, electric and other utilities that served the structure.
The zoning administrator may revoke the zoning permit if the
permit holder violates any provision of this section. Additionally,
the county may seek injunctive relief or other appropriate actions
or proceedings in the circuit court to ensure compliance with this
section. The zoning administrator is vested with all necessary
authority on behalf of the Board of Supervisors to ensure
compliance with this section.
Sec. 9-25. Freight containers.
The following requirements shall apply to freight containers:
(1)
(2)
Storage of freight containers.
a. Freight containers may only be stored in a legally established
truck and freight terminal as defined and permitted by this
ordinance.
b. Freight containers that have transported goods to a site may be
used for the temporary storage of such transported goods as an
accessory use to a legally established principal use in industrial
and business districts subject to the following conditions:
i. The location of the temporary storage area shall be noted
on the site plan or plot plan establishing the principal use
of the site.
ii. The temporary storage area shall not be visible from a
public right of way or from any residential use or district.
iii. The use of the freight containers for temporary storage
shall not exceed three (3) months.
iv. Freight containers shall not be stacked.
v. Freight containers shall not be converted into permanent
structures or use for permanent storage without a zoning
permit (see Section 9-25(2)).
Freight containers used only for storage of goods and equipment.
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7. (3)
a. Freight containers used only for storage of goods and equipment,
with no improvements or modifications of any kind, shall be
permitted as an accessory use to a lawfully established principal
use in compliance with the requirements of this chapter for
accessory uses and structures subject to following conditions:
i. Freight containers shall not be stacked.
ii. Freight containers shall not be visible from any public right
of way or adjoining residentially zoned property.
iii. The exterior of the freight container shall be maintained
structurally intact.
iv. No more than one (1) freight container shall be allowed on a
residential lot less than two (2) acres in area; no more than
two (2) freight containers shall be allowed on residential
lots between two (2) acres and five (5) acres in area; and a
maximum of five (5) storage containers shall be allowed on
residential lots over five (5) acres in area. Regardless of the
number of containers, their placement must comply with
the provisions of this ordinance and all other requirements
of the county code for accessory structures.
v. There is no maximum number of freight containers
permitted to be used as storage accessory to permitted
agricultural, commercial or industrial uses, provided the
placement of the containers complies with the provisions of
this ordinance and all other requirements of the county
code for accessory structures.
b. Modifications to, or the use of, freight containers for a use other
than the storage of goods and equipment of a nature customarily
incidental and subordinate to use of the principal structure and
for the benefit or convenience of the owners, occupants, or
employees of the principal use are not permitted pursuant to this
section.
Freight containers used for storage during construction.
a. Freight containers may be used in all zoning districts for the
temporary storage of construction-related materials on a building
site for which a building permit and/or land disturbance permit
has been issued. The application for such permit shall contain
express reference to the proposed use of the freight container for
storage purposes.
b. Freight containers used for storage during construction are
subject to the following conditions:
i. Freight containers shall not be stacked.
ii. Freight containers shall be placed in locations that
minimize their visibility from the public street or right-ofway and adjacent residential properties.
iii. Freight containers shall not be placed in the public street
or right-of-way or block public access or fire hydrants.
iv. The storage of hazardous materials is prohibited. A
hazardous material is defined as substances or materials
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8. (4)
which may pose unreasonable risks to health, safety,
property, or the environment when used, transported,
stored or disposed of, which may include materials which
are in solid, liquid, or gaseous form.
v. Freight containers shall be sealed against leakage and
maintained in structurally sound condition.
vi. Freight containers shall only be allowed for temporary
storage during construction.
vii. Freight containers shall be removed upon completion of
construction and prior to the issuance of a certificate of
use and occupancy.
Modification and/or use of freight containers other than as
permitted above is prohibited unless the proposed modification and
use conforms to any and all requirements of Uniform Statewide
Building Code (USBC), the Gloucester County Code of Ordinances
and any other applicable local, state, or federal requirements for the
use to be established.
A Copy Teste:
_________________________________________
Brenda G. Garton, County Administrator
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9. Department of Planning & Zoning
County Building Three - 6582 Main Street
P. O. Box 329 Gloucester, Virginia 23061
Phone (804) 693-1224
Fax (804) 693-7037
M E M O R A N D U M
TO:
Members of the Board of Supervisors
CC:
Ted Wilmot, County Attorney
Brenda Garton, County Administrator
FROM:
Anne Ducey-Ortiz, Director of Planning & Zoning
DATE:
January 6, 2014
SUBJECT:
Proposed Code Amendment and Public Hearing Notice for CA-13-02Ordinance regarding the use containers and temporary family health
care structures
The Planning Commission is recommending modifications to the zoning ordinance to allow
for various portable containers to be used in the County. The current code does not address
the use of various portable containers and cargo containers and, therefore, under the zoning
ordinance, Section 14-21, “In any district, uses not specifically permitted shall not be
allowed.” The use of cargo containers has been observed in many locations in the County
and the Virginia Department of Housing and Community Development’s Board of Housing
and Community Development is considering exempting them from the Uniform Statewide
Building Code (USBC) if they are used solely for storage. Therefore, staff requested that the
Planning Commission address this use and provide a recommendation to the Board
regarding the use of cargo containers in the zoning ordinance. The commission is also
recommending revisions to the zoning ordinance to comply with the State Code for
“temporary family health care structures.”
The Planning Commission established a subcommittee to work on recommendations to
address the use of cargo containers as structures. The subcommittee’s recommendation was
based on examples of ordinances from other localities and recommended restricting the use
of these containers to only industrial and agricultural districts. However, after listening to the
discussion from the commission members, as well as talking to other members of the staff
and the community at large, the recommendations were changed to allow them in all districts
under certain conditions. Containers are commonly used in a variety of applications and, as
the topic was discussed internally and externally, it was clear that there are many such
containers currently being used throughout the County with few, if any, complaints. By
defining a freight container, used for storage only and not modified in any way, as a type of
accessory structure, it can be regulated the same way other accessory structures are
regulated.
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10. The following is a summary of the proposed ordinance which, after much deliberation, has
been recommended by the Planning Commission for adoption.
•
Temporary family health care structures (also known as medi-cottages) are defined
based on state code definitions and permitted as required by state code.
•
Temporary portable waste collection containers and temporary portable storage
containers are defined and included with other temporary facilities under
Supplemental District Regulations - Sec. 9-3 of the Zoning Ordinance. The
temporary use (30 days) of storage containers is exempt from a permit - the use
can be extended with approval from the Zoning Administrator.
•
Freight containers, shipping containers and other similar containers are defined
and their use categorized four ways - first, based on their actual purpose for multimodal shipment and the ordinance already addresses where the storage of these
containers would be permitted in the I-1 Industrial District (truck and freight
terminal).
•
Based on review of other localities’ ordinances and discussion with other staff, a
section was included regarding allowing freight containers to be temporarily stored
in association with a legally permitted use - such as Wal-Mart or Canon. A three (3)
month time period was established based on Chesapeake’s ordinance. Like other
time-based sections of the ordinance, the time period provides a basis for
addressing violations if they become a problem. Without a permit, there is no way
to actually know how long a container has been stored on a property. However, if
staff receives a complaint about a container being an eye-sore and being used in a
manner not prescribed in the ordinance, the complaint can be processed using this
code section.
•
The ordinance proposes the use of freight containers, for storage only, to be
permitted as an accessory structure (which is defined in the zoning ordinance and
relates to the principal use of the site 1). In addition to those conditions proposed
under this subsection, a freight container used as a storage structure would have to
comply with all other sections of the zoning ordinance, including setbacks and
allowable uses. It would have to comply with the architectural standards of the
Highway Corridor Overlay District and would not be permitted to be “visible to any
district zoned for agricultural, residential, or office use, or would [be] visible from
any public right-of-way” since a freight container would be considered to “consist of
architectural materials inferior in quality, appearance, or detail to any other exterior
of the same building”.
•
Based on a suggestion from the Commission, the number of Cargo Containers
permitted on residential lots was based on lot size instead of zoning district. A
sliding scale was used with a maximum of five (5) containers on any residential lot.
No limit is provided for agricultural, commercial or industrial districts, but the
placement on the property must comply with all other sections of the county code
as would any accessory structures (setbacks, HCOD, Chesapeake Bay
Preservation Ordinance, etc.).
1
Accessory use or structure: A use or structure on the same lot or on a contiguous lot, in the same ownership, and of a
nature customarily incidental and subordinate to, the principal structure and operated and maintained for the benefit or
convenience of the owners, occupants, employees, customers, or visitors of the zoning lot with the principal use.
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11. •
The temporary use of freight containers for storage during construction was
included in the ordinance. Removal would be upon completion of construction and
prior to the Certificate of Occupancy.
•
Any modification and/or use of freight containers other than as permitted above are
prohibited unless it meets Uniform Statewide Building Code (USBC). So, the
exemptions for an accessory structure are only for unmodified storage containers no electric, no additions, not used as an office or for habitation, etc. If someone
wanted to convert a storage container into a building for a use other than storage
through modifications and additions, such a building would have to comply with the
building code and be certified by an engineer for the use proposed.
The proposed amendments are consistent with several goals in the Gloucester County’s
Comprehensive Plan, including: upgrading regulations as growth and development patterns
warrant; promoting high quality of standards of residential housing and sound housing for all
residents (medi-cottages), encouraging efficient and attractive commercial development to
provide convenient access to goods and services (containers not visible from any public right
of way), increasing the number of local jobs for County residents, and broadening the
economic base of the County (allowing more uses); encouraging housing of various types by
considering revisions to the land development and construction codes to reflect new
techniques and innovations in order to facilitate housing development rehabilitation and
construction (use of containers during construction); and encouraging quality by regulating
the design of industrial areas to promote and retain high standards of community appearance
(not visible from the right of way).
The proposed ordinance is meant to allow for flexibility and the ability to use one’s property
while protecting the concerns of how such uses may impact property values and the County’s
commercial corridors. As containers become more available and inexpensive, it is
anticipated that they will be more widely used throughout the county. With the adoption of an
ordinance to address their use, the County will be in a better position to accommodate this
use without negatively impacting existing property values.
The Commission held a public hearing on the proposed ordinance on January 2, 2014. No
one spoke in favor or against. We received one email questioning the use of medi-cottages.
The Commission voted unanimously to send the ordinance to the Board with a
recommendation for approval with the following vote:
Name
Lawrence Dame, Chair
LTC. Thomas H. Arnold
Dr. Keith Belvin
Mark Holthaus, Vice Chair
Amy E. Jacobson
Natalie Johnson
Christopher Poulson
Kenneth B. Richardson
Louis E. Serio, Jr.
Mark Strawn
Adam Taylor
Vacant (BOS)
Vacant (At Large)
Vote
Yes
Yes
Yes
Yes
Yes
Yes
Absent
Yes
Yes
Absent
Absent
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12. PUBLIC HEARING NOTICE
Pursuant to the Code of Virginia, the Gloucester County Board of Supervisors will conduct a Public
Hearing on March 4, beginning at 8:00 p.m. in the Colonial Courthouse, 6504 Main Street Gloucester,
Virginia to consider the following:
AN ORDINANCE TO AMEND APPENDIX B – ZONING OF THE CODE OF GLOUCESTER
COUNTY, VIRGINIA, BY AMENDING ARTICLE 2 – DEFINITIONS, SECTION 2-2 – DEFINITIONS;
AND BY AMENDING ARTICLE 9 - SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 9-3
TEMPORARY BUILDINGS, CONSTRUCTION TRAILERS, MANUFACTURED HOMES, AND
TRAVEL TRAILERS AND ADDING SECTION 9-24 - TEMPORARY FAMILY HEALTH CARE
STRUCTURES AND SECTION 9-25 - FREIGHT CONTAINERS
The proposed changes to the Zoning Ordinance are amendments to address the use of various types
of portable containers for temporary storage and to allow freight containers used exclusively for
storage to be regulated as accessory structures. The proposed ordinance also addresses the use of
temporary health care structures based on the requirements stated in Virginia Code Section 15.22292.1.
A complete copy of draft ordinance amendment is available and may be reviewed at the Gloucester
County Administrator’s office at 6467 Main Street, Gloucester, Virginia, at both branches of the
Gloucester County Library - Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point
Branch: 2354 York Crossing Drive, Hayes, Virginia, and on the County’s website at
www.gloucesterva.info.
All interested parties are invited to attend the hearing to express their views. Persons requiring
assistance to attend the hearing should contact the Gloucester County Administrator’s office at (804)
693-4042.
Brenda G. Garton
County Administrator
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13. 2/10/2014
Proposed Code Additions
Board of Supervisors
Public Hearing
March 4, 2014
Cargo/Shipping Containers
• Currently not a permitted “use”
• Zoning and building code are currently
consistent – need to meet USBC for any use
other than shipping
• Upcoming changes to USBC will exempt them
from USBC for storage
• Without changing our Zoning ordinance, they
would still not be permitted
• They are currently being used throughout the
county!
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1

14. 2/10/2014
Issue presented to the PC at June
meeting
Established ad-hoc committee
• Met in August and September
Reported back to PC in October
Changed Direction in November Containers as Accessory Structures
Finalized draft proposal in December
Public Hearing in January 2014
Cargo Containers
Temporary personal on-demand storage
Medical cottages
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2

15. 2/10/2014
Shipping, cargo, freight containers or
Conex boxes are different names for the
same thing: A large container usually 40’
in length that is transported on a ship, rail
line or truck.
Containers you can rent to help you move
your personal belongings or store them
during renovation.
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3

16. 2/10/2014
Medical cottages are relatively new to
Virginia. The have been called MediCottages or Granny-pods in the media.
An option for providing care to a family
member at home.
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4

17. 2/10/2014
Many areas overseas and in some areas
of the U.S. allow for the use of cargo
containers for modular homes, tiny house
living, and as components of an overall
larger project.
Addressing uses for each
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5

18. 2/10/2014
Virginia Code Section 15.2-2292.1 - Zoning provisions for
temporary family healthcare structures.
Provides that zoning ordinances for all purposes shall consider
temporary family healthcare structures (i) for use by a caregiver in
providing care for a mentally or physically impaired person and (ii)
on property owned or occupied by the caregiver at his residence as
a permitted accessory use in any single-family residential zoning
district.
Such structures shall not require a special use
permit or be subjected to any other local
requirements beyond those imposed upon
other authorized accessory structures.
Same as State Code
• 300sf or less
• Meets Industrialized
Building Safety Law and
Uniform Statewide Building
Code
• No permanent foundation
• Remove within 60 days of the
date last occupied
Allowed all districts which
allow single family homes
• SF-1, SC-1, C-2, B-2, RC-1,
and RC-2
Primary Structure Setbacks
•3 models: 288 sq ft - 299 sq ft - 605 sq ft
•Electricity and water connected directly to
homeowner's utilities
•A kitchen with a small refrigerator, microwave,
and medication dispenser.
•Bedroom and additional accommodation for a
caregiver's visit.
•The bathroom is handicapped accessible
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6

19. 2/10/2014
Definition: A container designed or used
on a property for the collection and
hauling of waste or debris including but
not limited to roll-off containers or boxes
and bin containers (dumpsters).
Definition: Temporary portable storage
container: A fully enclosed box-like
container designed to permit ease of
loading to and from a transport vehicle and
for temporary storage purposes on a site
(typically known as PODS, MODS, etc.). This
definition does not include trailers, travel
trailers, tractor trailers, truck bodies,
manufactured homes, motor vehicles and
similar transportable units.
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7

20. 2/10/2014
Added to Section 9-3 with other temporary uses currently
allowed:
Temporary buildings, construction trailers, temporary
portable storage containers, temporary portable waste
collection containers, and manufactured homes used in
conjunction with construction work only, may be permitted
in any district during the period when construction work is
in progress, as shown by possession of a valid building
permit, but such temporary facilities shall be removed upon
completion of the construction work. Temporary structures
and containers placed on the property during
construction shall not interfere with the access or
mobility of any actively used site or structure.
Temporary portable storage containers shall be
allowed for short term use accessory to a legally
permitted use under the following conditions:
(1) A minimum five (5) foot setback from any property line.
(2) A maximum of 30 days of temporary accessory use
without a permit.
(3) Only one such container per parcel.
(4) The 30 day time period may be extended in response to
a written request to the zoning administrator showing
reasonable cause.
No permit is needed for temporary storage–
misuse would be addressed by complaints
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21. 2/10/2014
Definition:
• Freight containers: Portable,
weather resistant receptacles
designed for the multi-modal
shipment of goods, wares or
merchandise. This definition
includes shipping containers,
cargo containers, and similar
containers designed for multimodal transport. This
definition does not include
trailers, travel trailers, tractor
trailers, truck bodies,
manufactured homes, motor
vehicles and similar
transportable units.
Storage of Freight
Containers used for
transport – traditional use
Freight Containers used
for storage as an
accessory structure
Freight Containers used
for storage during
construction
Modified for another use
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22. 2/10/2014
Truck and freight terminal –
permitted in I-1 Industrial
Zoning District
Temporary and accessory to
a permitted use in business
and industrial districts:
•
•
•
•
•
Location established on plan
Not visible
3 months
Not stacked
Not converted to permanent
without permit
Accessory use
• A use or structure on the
same lot or on a contiguous
lot, in the same ownership,
of a nature customarily
incidental and
subordinate to, the
principal structure and
operated and maintained
for the benefit or
convenience of the
owners, occupants,
employees, customers, or
visitors of the zoning lot
with the principal use
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23. 2/10/2014
a.Freight containers used only for storage of goods
and equipment, with no improvements or
modifications of any kind, shall be permitted as
an accessory use to a lawfully established
principal use in compliance with the requirements
of this chapter for accessory uses and structures
subject to following conditions:
Freight containers shall not be stacked.
II. Freight containers shall not be visible from any public
right of way or adjoining residentially zoned property.
III. The exterior of the freight container shall be
maintained structurally intact.
I.
IV.
Residential Lots:
• No more than one (1) freight container shall be allowed on a residential lot less
than two (2) acres
• No more than two (2) freight containers on residential lots between two (2)
acres and five (5) acres,
• A maximum of five (5) storage containers shall be on residential lots over five
(5) acres.
• Regardless of the number of containers, their placement must comply with the
provisions of this ordinance and all other requirements of county code for
accessory structures*
V.
There is no maximum number of freight containers permitted to
be used as storage accessory to permitted agricultural,
commercial or industrial uses provided the placement of the
containers comply with the provisions of this ordinance and all
other requirements of county code for accessory structures.*
*Storm water, Setbacks, Chesapeake Bay, Zoning (HCOD)
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24. 2/10/2014
1.
No building exterior (whether front, side, or rear)
which would be visible to any district zoned for
agricultural, residential, or office use, or would be
visible from any public right-of-way shall consist of
architectural materials inferior in quality,
appearance, or detail to any other exterior of the
same building. Nothing in this section shall preclude
the use of different materials on different building
exteriors, but rather shall preclude the use of inferior
materials on sides which face adjoining property
2.
No portion of a building constructed of unadorned
concrete block or corrugated and/or sheet metal
shall be visible from any adjoining agricultural,
residential, or office district or any public right-ofway. No building exterior shall be constructed of
unpainted concrete block or corrugated and/or sheet
metal.
Part of application for
BP/LDP
Conditions
•
•
•
•
•
•
•
No stacking
Minimize visibility
Not blocking access
No hazardous materials
Structurally sound
Temporary Storage
Removed upon
completion of
construction and prior to
CO and occupancy
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25. 2/10/2014
No different than
developing a site or
building a structure
using other building
materials
Comply with USBC
and other codes
(HCOD)
The Commission held a public hearing on the proposed ordinance
on January 2, 2014. No one spoke in favor or against. We received
one email questioning the use of medi-cottages. The Commission
voted unanimously to send the ordinance to the Board with a
recommendation for approval with the following vote:
Name
Lawrence Dame, Chair
LTC. Thomas H. Arnold
Dr. Keith Belvin
Mark Holthaus, Vice Chair
Amy E. Jacobson
Natalie Johnson
Christopher Poulson
Kenneth B. Richardson
Louis E. Serio, Jr.
Mark Strawn
Adam Taylor
Vacant (BOS)
Vacant (At Large)
Vote
Yes
Yes
Yes
Yes
Yes
Yes
Absent
Yes
Yes
Absent
Absent
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26. 2/10/2014
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