112 West Main Street
P.O. Box 111
Orange, Virginia 22960
1-540-672-3313

CHAPTER 70 – ZONING

Sec. 70-846. – Purpose and Intent.

The purpose of the Telecommunications Towers and Facilities article of the Zoning Ordinance, hereinafter referred to as “this Article,” is to implement Orange County’s land use and zoning policies regarding telecommunication antenna structures (TASs) and related telecommunications facilities constructed and operated in the county. The secondary purpose is to ensure compliance with applicable federal laws, including the Telecommunications Act of 1996 and Middle Class Tax Relief and Job Creation Act of 2012, rules and interpretations of the FCC, and the Code of Virginia.

The intent of this Article is to:

  1. Establish clear siting standards, permitting processes, and approval criteria for TASs and related facilities depending on the scale and type of facility;
  2. Utilize set standards to allow administrative permitting of small-scale TASs and related facilities, such as towers and antennas for the provision of fixed wireless internet, where such facilities have been determined to have relatively low impacts;
  3. Encourage co-located facilities where suitable towers and/or alternative tower structures exist;
  4. Avoid unnecessary proliferation of towers by ensuring all towers can accommodate multiple carriers and service providers;
  5. Ensure towers are sited and designed to minimize impacts on historic resources and viewsheds, or the county’s natural resources;
  6. Provide for government-owned TASs and facilities, within state and federal law, so as to allow the provision of an adequate, efficient, and reliable public safety communications system, and the provision of high-speed, affordable broadband to underserved citizens;
  7. Promote consistency with the adopted Comprehensive Plan; and
  8. Protect the health, safety, convenience, and general welfare of the public.

Sec. 70-847. – Applicability.

  1. The provisions of this Article shall apply to all property within the jurisdictional limits of Orange County, unless specifically superseded by state or federal law. This Article shall not apply to any property within the jurisdictional limits of the Town of Orange or the Town of Gordonsville.
  2. Should any provision of state and/or federal law, or any rule or interpretation by the FCC, impose a higher standard or a more restrictive standard than is contained within this Article, that standard shall control. Should any provision of this Article conflict with another section of the Orange County Code of Ordinances, this Article shall control.

Sec. 70-848. – Terms and Definitions.

The following definitions shall apply in the administration of this Article:

Alternative tower structure. A structure, such as a building, water tower, electrical pole, sign, steeple, or canopy, not originally built to support antennas, but to which one or more antennas may be mounted to provide telecommunication services.

Amateur radio. This term refers to the radio communications system used by those with a personal aim and without pecuniary interest, as regulated by the FCC rules and regulation specific to amateur radio.

Antenna. Any apparatus designed and used for the purpose of transmitting and/or receiving electromagnetic waves, including, but not limited to, telephonic, cellular, data, radio, and television communications. This definition shall include “small cell facilities” and “micro-wireless facilities” as defined in the Code of Virginia.

Co-locate. The practice of installing multiple antennas on an existing telecommunication antenna structure or alternative tower structure. Derivations of this term shall have corresponding meanings.

Engineer. A person licensed by the Commonwealth of Virginia as a professional engineer.

FAA. The Federal Aviation Administration.

FCC. The Federal Communications Commission.

Fixed wireless internet. A type of internet service whereby the end-user receives access to the internet via a radio, microwave, or other wireless link between two or more fixed points.

Germanna-Wilderness Area. A planning area established in the 2015 amendment of the Orange County Comprehensive Plan, being generally a 14,600-acre area of easternmost Orange County. This definition shall include any future modification of the area boundaries.

Madison Barbour Rural Historic District. A national historic district in western Orange County identified in the National Register of Historic Places and the Virginia Landmarks Register, being generally a 32,600-acre area between the Rapidan River, U.S. 15, and portions of the Greene County and Albemarle County lines.

Mature woodlands. An area of forest generally undisturbed by human activity for several decades, where trees are near or at mature height and crown growth.

Telecommunication antenna structure. A vertically-projecting, free-standing structure, also commonly referred to as a tower, which is built specifically to support antennas, or act as an antenna, for the purpose of providing telecommunication services.

Sec. 70-849. – Amateur Radio Antennas.

An amateur radio antenna shall be permitted as an accessory use to any lawful, conforming residential or commercial principal use, subject to the following:

  1. The antenna shall be subject to Zoning Permit requirements and the minimum setback and yard requirements of the zoning district in which it is to be constructed.
  2. The total overall height of the antenna and any support structure shall be one-hundred, ninety-nine (199) feet or less.
  3. There shall be no restriction on the number of support structures for the antenna.
  4. The applicant shall submit a written certification from a licensed professional engineer that construction of the antenna conforms to reasonable and customary engineering practices.
  5. The applicant shall provide a valid FCC amateur radio operator’s license.
  6. The Zoning Administrator may require reasonable screening of the antenna based on visibility from a public right-of-way, the proximity of neighboring properties, and the presence of any nearby historic assets.

Sec. 70-850. – Co-located Telecommunications Antennas.

The placement of a telecommunications antenna on an alternative tower structure, or co-location on an existing telecommunication antenna structure (TAS), shall be permitted as a by-right accessory use in all zoning districts, subject to the following:

  1. The antenna and any related facilities shall be subject to Zoning Permit requirements pursuant to Article II of the Zoning Ordinance, and shall be administratively approved by the Zoning Administrator pursuant to meeting the requirements of this section.
  2. If the antenna is to be co-located on an existing TAS, a scaled drawing showing the tower, the proposed location and height of the antenna, and the antenna design shall be a required element of the Zoning Permit application. The applicant shall demonstrate that the color and design of the antenna will be consistent with the overall color and design of the TAS.
  3. If the antenna is to be installed on an alternative tower structure, a scaled drawing of the structure along with the proposed location and height of the antenna, and the antenna design shall be a required element of the Zoning Permit application. The applicant shall demonstrate to the satisfaction of the Zoning Administrator that the antenna and related facilities will be moderately concealed by either aesthetics, such as with paint or construction materials, or by careful design and placement of the antenna. The Zoning Administrator shall consider the location of the structure within any registered historic district or the designation of the structure on any historic register in determining consistency with this requirement. Any antenna installed on a residential structure, such as a dwelling or garage, for the purpose of providing the owner with fixed wireless internet shall be exempt from the requirements of this subsection.
  4. The structure to which the antenna is to be attached shall be a lawful, conforming structure, or any existing TAS.
  5. The antenna shall not add more than twenty (20) feet to the height of the structure or TAS to which it is being attached, regardless of maximum height requirements of the underlying zoning district.
  6. The antenna shall not necessitate any new lighting, or additional lighting if the structure already contains lighting, pursuant to FAA or other requirements.
  7. Commercial advertising related to any antenna permitted pursuant to this section shall be prohibited.
  8. Microwave dishes shall not exceed six (6) feet in diameter.

Sec. 70-851. – Administratively-Approved Telecommunications Towers and Facilities.

The construction of a telecommunication antenna structure (TAS) and any related ground equipment may be administratively-approved by the Zoning Administrator pursuant to meeting the requirements of this section. All TASs approved pursuant to this section shall be considered principal uses for the purpose of determining minimum setbacks and yards.

  1. Maximum height. The total maximum height of a TAS eligible for administrative approval shall not exceed one-hundred (100) feet in all zoning districts. These maximum height limits may be increased by up to twenty-five percent (25%) upon approval of a Special Exception by the Board, pursuant to Article II of the Zoning Ordinance.
  2. Design and siting criteria. The following criteria shall govern any TAS eligible for administrative approval:
    1. Structure type. The TAS shall be either a monopole design or a self-supporting design with a maximum base width of thirty-six (36) inches.
    2. Setback distances. The TAS and any related ground-mounted facilities shall comply with the minimum setback and yard requirements of the underlying zoning district, and shall also be setback from all existing off-site buildings a distance equal to the height of the TAS. The Zoning Administrator may reduce the setback requirement from existing buildings provided the design of the TAS incorporates breakpoint technology. In this case, the setback from buildings shall be equal to one-hundred and ten percent (110%) of the distance from the highest point of the TAS to its breakpoint location.
    3. Special design criteria. If the TAS is located within the Madison-Barbour Rural Historic District, within two-hundred fifty (250) feet of the centerline of any primary or secondary road, within five-hundred (500) feet of the right-of-way of Germanna Highway (Route 3), within one-thousand (1,000) feet of the right-of-way of a Virginia Scenic Byway, or within one-thousand (1,000) feet of any specific property listed on the National Register of Historic Places or the Virginia Landmarks Register, concealment of the TAS shall be required in accordance with any of the following:
      1. The TAS may be located within, or on the fringe of, a substantial stand of mature woodlands. For this option, the TAS and any installed antennas shall be painted or otherwise colored to simulate a wood look in order to match the adjacent woodlands. Any compound fencing for ground equipment shall be given a similar treatment. The applicant shall demonstrate long-term viability of the woodlands, such as via natural growth protection area easement, to maintain compliance with this subsection.
      2. If the TAS is to be located in an open field or other open area, it shall be disguised to simulate a mature tree.
      3. The TAS may be concealed by or within a sacrificial façade or enclosure, such as silo, flagpole, water tower, art sculpture, or other structure as approved by the Zoning Administrator.
    4. Standard design criteria. If the TAS is located outside of any area listed above in subsection (3), it may be constructed without concealment in any manner described below:
      1. A TAS constructed of wood shall be maintained in its natural state or painted a color from a brown or tan palette which simulates wood.
      2. A TAS constructed of metal shall be maintained in a rust-free and corrosion-free state, and shall not cause undue glare onto neighboring properties.
      3. A TAS constructed of other materials shall be painted a neutral color from a gray, tan, or brown palette.
  3. Submittal requirements. Any proposed TAS and related facilities eligible for administrative approval pursuant to the above criteria shall submit the following for approval:
    1. Zoning Permit application materials pursuant to Article II of the Zoning Ordinance.
    2. A scaled elevation drawing of the proposed tower with the maximum height indicated and any related facilities shown.
    3. Drawings and/or documents necessary to demonstrate compliance with the design and siting criteria above.
    4. If the TAS is to be located on a property subject to a conservation easement, written consent of easement holder.

Sec. 70-852. – Telecommunications Towers and Facilities Approved by Special Use Permit (SUP).

  1. Applicability. Any of the below categories of telecommunication antenna structures (TASs) shall have an SUP approved by the Board, pursuant to Article II of the Zoning Ordinance, before the construction and use may commence. All TASs approved pursuant to this section shall be considered principal uses for the purpose of determining minimum setbacks and yards.
    1. Any TAS within any zoning district which exceeds one-hundred (100) feet in height, unless otherwise permitted via Special Exception pursuant to Sec. 70-851(a).
    2. Any other telecommunications tower or facility not otherwise specifically provided for in this Article.
  2. Pre-submittal conference. An applicant submitting an SUP application pursuant to this section shall confer with the Zoning Administrator prior to submittal so he/she may provide a preliminary review of the proposal and the application materials.
  3. Submittal requirements. An application for approval of any of the above categories of TASs shall include the following:
    1. SUP application materials pursuant to Article II of the Zoning Ordinance, provided that the required site plan is prepared by a licensed professional and also shows the locations of all buildings within five-hundred (500) feet of the proposed tower compound.
    2. A scaled elevation drawing, prepared by a licensed professional, which shows the design, type, location, size, height, and configuration of the proposed TAS and all proposed antennas and other equipment.
    3. Photographs of the proposed site and of the point(s) of access to the state road network.
    4. A complete Section 106 review pursuant to the National Historic Preservation Act (NHPA) with findings as determined or confirmed by the State Historic Preservation Officer (SHPO).
    5. A copy of the completed FCC Form 854 (Application for Antenna Structure Registration). If the project does not fall under a categorical exclusion (CatEx) in the FCC environmental rules and regulations, the Finding of No Significant Impact (FONSI) as issued by the FCC shall also be supplied.
    6. A written, signed commitment by the tower owner that the proposed TAS will provide co-location opportunities. This shall be accompanied by a certification from a professional engineer that the TAS, if one-hundred (150) feet in height or less, can accommodate at least four (4) co-located facilities, and if above one-hundred (150) feet in height, can accommodate at least six (6) co-located facilities. Alternatively, the applicant may request partial or full exemption from this provision in writing provided specific conditions warrant such a request.
    7. An analysis of the need for the new TAS. This shall detail why existing towers or other alternative tower structures cannot satisfy the need for the new TAS based on geographical constraints, service coverage maps, engineering requirements, lack of suitable co-location opportunities, and/or issues due to anticipated electromagnetic interference.
    8. A letter of commitment by at least one (1) telecommunication services provider to locate facilities on the proposed TAS.
    9. Photographs of visual simulations or of a balloon test conducted at the proposed site. The photographs shall simulate the visibility of the maximum height of the TAS, if constructed. Photographs shall be simulated/taken from at least four (4) vantage points on public roads and/or public properties to adequately simulate the visual impact of the proposed TAS on neighboring and nearby properties. If a balloon test is conducted, it shall last a duration of at least six (6) hours during clear, daytime weather. The applicant shall provide notice of the date(s) and time(s) of the test in a local newspaper of general circulation at least seven (7) days prior to the actual test, and provide proof of said notice to the county.
    10. A draft copy of the lease for the subject property, if applicable.
    11. Proof of notification to the FAA, a copy of the FAA “no hazard” determination, and proof of registration with the FCC, as applicable.
    12. If the TAS is to be located on a property subject to a conservation easement, written consent of easement holder.
  4. Design and siting criteria. The following criteria shall govern any TAS and related facilities permitted pursuant to this section.
    1. Structure type. The TAS shall be a monopole design in accordance with the specific criteria below.
      1. A TAS located within the Madison-Barbour Rural Historic District, within five-hundred (500) feet of the right-of-way of Germanna Highway (Route 3), within two-thousand (2,000) feet of the right-of-way of a Virginia Scenic Byway, or within two-thousand (2,000) feet of any specific property listed on the National Register of Historic Places or the Virginia Landmarks Register shall be adequately concealed from public view. Adequate concealment may be achieved by disguising the monopole to simulate a mature tree, disguising it with sacrificial façade or enclosure which blends with the surrounding landscape, or by locating the monopole within a stand of mature woodlands pursuant to subsection iii below.
      2. A monopole located outside of any area listed above may be constructed without concealment, unless otherwise required by the Board. If concealment is not required, the TAS shall be maintained with a galvanized finish or a neutral paint color.
    2. Height. The height of the TAS shall not exceed one-hundred ninety-nine (199) feet, including any non-structural elements such as a lightning rod.
    3. Setback distances. The TAS shall be setback at least five-hundred (500) feet from all existing off-site dwellings, and shall also be setback from all existing on-site and off-site buildings a distance equal to the height of the TAS. The TAS and any related ground-mounted facilities shall also comply with the minimum setback and yard requirements of the underlying zoning district. The Board may approve a reduction in the five-hundred (500) feet setback requirement, upon written request by the applicant, whereby he/she demonstrates, due to topography, TAS safety features/design, achieving an adequate service area, or due to the general characteristics of the area, strict adherence to this setback requirement will result in a hardship. Setback distances from on-site and off-site buildings specified herein shall not apply to buildings built after approval of the SUP for the TAS.
    4. Lighting. The lighting of a TAS shall be pursuant to FAA requirements, unless the TAS is located within any area listed in subsection (1)i above, in which case lighting shall be prohibited. Lighting of the fenced compound shall be limited to security lighting only, and any fixtures used for such purposes shall be of the full-cutoff variety.
    5. Ground equipment; fencing. All ground equipment associated with the TAS shall be located within a fenced compound within the lease area, if applicable. All fencing shall be a minimum of eight (8) feet in height. Unless otherwise obscured from public view by other means, the compound and fencing shall be screened by landscaping approved as part of the site plan for the project.
    6. Antennas. All antennas and other facilities installed on the TAS shall blend aesthetically with the design and color of the TAS. Additionally, all antennas and other attached facilities shall comply with the applicable co-location requirements set forth in Sec. 70-850.
    7. Ridgelines. The location of any TAS permitted pursuant to this section shall avoid being located near any ridgeline in order to limit impacts to viewsheds.
    8. Exceeding requirements. Any of the requirements specified in this subsection may be exceeded upon approval of a Special Exception by the Board, pursuant to Article II of the Zoning Ordinance. A Special Exception application may only be submitted after approval of the SUP for the TAS.
  5. Approval criteria. In reviewing an SUP application for a new TAS, in addition to the SUP approval considerations specified in Article II of the Zoning Ordinance, the Planning Commission and the Board shall also consider the following factors, as applicable:
    1. The demonstrated need for the TAS;
    2. Visual impacts of the TAS;
    3. Types and intensities of land uses in the area;
    4. Surrounding tree cover and foliage;
    5. Proximity to historic areas, buildings, and structures;
    6. Proximity to airports;
    7. Proximity to tourism assets;
    8. Access to the site;
    9. Language of the lease; and
    10. Any other factor relevant to the purpose and intent of this Article.
  6. Supplemental review. In review and consideration of an SUP application pursuant to this section, the Zoning Administrator, Planning Commission, and/or Board may contract the services of a licensed engineer to assist in review. The applicant shall be responsible for reimbursing the county for the costs of this review upon request, not to exceed two-thousand, five-hundred dollars ($2,500).
  7. Local government access. Tower owners shall provide the County co-location opportunities as a public benefit to improve the availability and reliability of public telecommunication services. At least one (1) suitable, usable space shall be available for use by the County on all towers at the time of SUP approval, and in no event shall that space be occupied by another user without providing the County at least sixty (60) days written notice and an opportunity for the County to lease the space at that time. A suitable, usable space shall be any space on the TAS that can occupied without upgrades or other structural alterations at the County’s expense.

Sec. 70-853. – Exempt and Government-owned Telecommunications Towers and Facilities.

  1. Exempt installations. The following categories of telecommunication antenna structures (TASs) shall be exempt from the provisions of this Article and subject to any requirements of this section:
    1. Any TAS constructed and owned by the County, pursuant to subsection (b) below.
    2. Any TAS constructed by a state or federal entity which is otherwise exempt from local regulation.
    3. Any temporary TAS erected by a governmental entity for the duration of a declared state of emergency, provided that the facility is removed within three (3) months of the end of the state of emergency.
    4. Any temporary TAS erected by a commercial entity to provide coverage of a special event. Such a facility shall be removed within thirty (30) days, or within seven (7) days after conclusion of the event, whichever occurs first.
    5. Any noncommercial antennas and other similar devices for private, in-home residential use, such as broadcast television antennas, wireless access points/routers, wireless network range extenders, and the like. However, any such antenna or device shall be subject to the maximum height requirements of the underlying zoning district.
  2. County-owned facilities. The following procedures and criteria shall govern any permanent TAS and related facilities constructed by the County:
    1. Prior to construction, the location of the TAS and related facilities shall be generally shown and/or described in the Comprehensive Plan pursuant to § 15.2-2232 of the Code of Virginia.
    2. Prior to construction, the Board shall, upon consultation with the Broadband Authority as necessary, issue a written determination of public necessity for the proposed TAS and related facilities. This determination shall include a detailed description of the proposed TAS, including height and design specifications, necessary to meet the public necessity. Prior to issuing this determination, the Board shall allow for public comment on the proposal for a period no shorter than thirty (30) days.
    3. Any TAS and related facilities constructed by the County shall comply with all applicable state and federal regulations, including NEPA and NHPA reviews if necessary.
    4. In the event the County desires to transfer its ownership of a TAS to a private commercial entity, a Special Use Permit (SUP) for the use shall be required pursuant to this Article. This shall be in addition to any required public hearing related to the disposition of public property.

Sec. 70-854. – Nonconforming Telecommunications Towers and Facilities.

  1. Any telecommunication antenna structure (TAS) constructed prior to May 8th, 2018 which otherwise does not comply with the provisions of this Article shall be deemed a lawful nonconformity. A lawful nonconforming TAS may be permitted for co-located antennas/facilities, but shall not be expanded, enlarged, or altered except in full conformance with this Article and with Article III (Nonconformities) of the Zoning Ordinance.
  2. Any nonconforming TAS may be moved to another portion of the same property on which it is constructed upon approval of a Special Exception by the Board.

Sec. 70-855. – Abandoned Facilities.

Any telecommunication antenna structure (TAS) or antenna not operated or used for a continuous period of twelve (12) months shall be considered abandoned. The owner of the tower or the property owner, as the case may be, shall remove the TAS and all associated facilities within ninety (90) days of receipt of the notice from the Zoning Administrator to do so. Ground equipment and any buildings may remain with written approval from the property owner. Should the owner fail to comply with the removal requirement notice, the County may remove the TAS and any related facilities, the costs for which shall be paid by the property owner. Alternatively, with consent of the owner, the County may assume ownership of the TAS and any related facilities for its own use.

Secs. 70-856 – 70-938. – Reserved.

(Ordinance of 05-08-2018)

 

Sec. 70-939. – Temporary uses, general.

(a) Reserved.

(b) Temporary or seasonal sales.

(1) Temporary sales of produce, meals, Christmas trees, fireworks, and other seasonal goods, are permitted upon approval of a temporary zoning permit.

Such permit may impose conditions necessary to alleviate any adverse impacts such as provisions for adequate on-site parking, public safety, fire safety, hours of operation, provision for sewage disposal, and other health and safety concerns.

(2) A temporary zoning permit for temporary sales shall be valid for a period not to exceed 45 days, unless extended, and shall require that all structures and materials be removed within such time period. At a minimum:

a. Structures for temporary sales, which may include portable trailers, may not exceed 500 square feet in floor area and shall be setback a minimum of 35 feet from public roads.

b. Entrances and exits must be clearly delineated and located to provide safe ingress and egress from roads.

(3) Outdoor retail sales events shall be allowed every weekend, including one three-day event every 30 days.

(c) Special events.

(1) A temporary zoning permit shall be required for special events that are planned for or which reasonably may be expected to attract more than 100 persons at any one time.

Examples of special events which require a temporary zoning permit are: carnival, circus, festival, fair, dog show, horse show, fireworks show, tent Event or similar meetings, and shall be issued for not more than two occasions and not more than ten days on a specific property in any six-month period.

(2) No such activity shall be located closer than 50 feet from the property line of a residential use, unless the owner of the residential use grants and files express written permission in a form that can be reviewed and validated by the zoning administrator.

(3) Adequate provisions must be made for off-street parking, security, safe ingress and egress, refuse disposal, sanitary facilities as appropriate and approved by the zoning administrator.

(4) Special events are permitted only between the hours of 7:00 a.m. and 12:00 midnight. The zoning administrator may require that no activity, including set-up or knockdown of any such use, be permitted between 12:00 midnight and 7:00 a.m.

(5) Night operations shall be permitted only if the zoning administrator determines that the proposed lighting protects the public safety and will not cause excessive glare into residential areas or onto public streets.

(6) Prior to issuance of a zoning permit, outdoor or music festivals must also obtain an entertainment permit from the county administrator’s office.

(7) Prior to issuance of a zoning permit, fireworks shows must also obtain a fireworks display permit, which sets forth the days and hours of the show, from the county administrator’s office.

(8) The following special events are exempt from the requirements of this section and may occur without a temporary zoning permit. Exempt special events, however, shall remain subject to all other applicable provisions of this ordinance [Ord. of 3-9-10] and the county laws and regulations, including, but not limited to standards governing noise control.

a. Special events planned or reasonably expected to attract less than 100 persons at any one time.

b. Special events occurring within, or upon the grounds of, a private residence, where the property owner receives no compensation for hosting the event and guests/attendees are not charged an admission fee.

c. Any event sponsored in whole or in part by the county or another political subdivision of the Commonwealth of Virginia.

d. Any organized special events conducted at sites or facilities typically intended, used, and designed for such events.

Examples of such exempt activities include, but are not necessarily limited to sporting events conducted on courses or fields intended and used for such activities such as commercial stables or horse riding facilities; historic home museums and adjacent grounds, wedding services conducted at churches, country inns, banquet facilities/halls, reception halls, or similar facilities; wine tasting and wine tasting dinners at Virginia farm wineries or wineries whose facilities are designed for such events; conferences and similar events in facilities designed for such use.

(Ord. of 3-9-2010)

CHAPTER 70 – ZONING

Sec. 70-811. – Intent.

This article encourages economic development, preserves farm land, and promotes the orderly and responsible growth of the livestock, dairy and poultry industries. In the agricultural (A) district, all agricultural production uses, including the uses defined as intensive livestock, dairy and poultry facilities, shall be permitted by right.

(Ord. of 5-2-1996, § 1501)

Sec. 70-812. – Setbacks.

(a) Each intensive livestock, dairy or poultry structure shall be set back from all existing dwellings not owned by the operator as follows:

(1) If the dwelling is in an agricultural district, 300 feet.

(2) If the dwelling is in a residential district, 600 feet. The 600-foot setback shall be reduced to 400 feet if the operator plants and maintains a ten-foot-deep vegetative screen that will grow to a height of six feet or more within two years, or if there is a natural barrier of similar height and depth, separating such dwelling from the facility.

(b) Any dwelling not owned by the operator shall be set back from any existing intensive livestock, dairy or poultry structure as follows:

(1) If the dwelling is in an agricultural district, 300 feet;

(2) If the dwelling is in a residential district, 600 feet. The 600-foot setback shall be reduced to 400 feet if the owner or builder of the dwelling plants and maintains a ten-foot-deep vegetative screen that will grow to a height of six feet or more within two years, or if there is a natural barrier of similar height and depth, separating such dwelling from the facility.

(c) Each intensive livestock, dairy or poultry structure shall be set back at least 50 feet from any property line, at least 100 feet from the right-of-way of any secondary road, and at least 150 feet from the right-of-way of any primary highway.

(d) Each intensive livestock, dairy or poultry structure shall be set back at least 1,000 feet from any incorporated town, public school, place of worship, or public water intake from a stream or river. The above 1,000-foot setback shall be reduced to 800 feet if the operator plants and maintains a ten-foot-deep vegetative screen that will grow to a height of six feet or more within two years, or if there is a natural barrier of similar height and depth, separating such town, school, place of worship or public water intake from the facility.

(e) The board of zoning appeals may permit reduced setbacks by special exception.

(Ord. of 5-2-1996, § 1502)

Sec. 70-813. – Development plans to include plat or similar document.

(a) Any person who intends to establish or expand an intensive livestock, dairy or poultry facility shall file with the zoning administrator a development plan, including a plat or similar document that indicates the number, size and location of all intensive livestock, dairy or poultry structures planned for the subject parcel, and a written statement, sworn to and subscribed before a notary public, by which the owner certifies to the zoning administrator that the facility meets all applicable requirements. Where a proposed expansion would not substantially change the character of the facility or the intensity of the use, the zoning administrator may approve the expansion without requiring a development plan.

(b) If the plan meets the requirements of this chapter, the zoning administrator shall approve it within 30 days of receipt. If the plan does not meet the requirements of this chapter, the zoning administrator shall return it to the applicant within 30 days of receipt, together with a written description of the portion or portions of the plan that do not meet such requirements. Any plan not returned to the applicant within 30 days of receipt shall be deemed approved. As long as an approved plan is in effect, the applicant shall have the right to build the structures and operate the facilities shown on the plan, notwithstanding any dwelling or other feature located after the time of approval.

(c) The development plan shall remain in force only so long as the proposed structures are constructed in accordance with the development plan. At least one-third of the number of livestock or dairy animals indicated in the development plan, or one poultry structure, shall be placed in service within five years of the date on which the development plan is approved by the zoning administrator unless at least one-third of the livestock or one poultry structure was already in service at the time the plan was filed. If the operator fails to obtain building and zoning permits for any of the proposed structures, or fails to have in place the minimum number of livestock required, within five years of the date on which the development plan is approved by the zoning administrator, the development plan shall expire.

(d) The operator shall notify the zoning administrator in writing within 30 days of placement into service of any structure indicated on his plan.

(e) Each parcel for which a development plan has been approved shall display at its entrance a sign no smaller than two square feet, and no larger than four square feet, clearly visible from the nearest public road, indicating that a development plan is in effect for the parcel and containing the words “Certified Agricultural Development Site.”

(f) Nothing in this section shall be construed to prohibit an operator or a potential operator from submitting amendments to his original development plan, or from submitting revised development plans. The zoning administrator shall review such amendments or revised plans as required in subsection (a) of this section according to the zoning ordinance in effect at the time the amendments or revised plans are received.

(Ord. of 5-2-1996, § 1503)

Sec. 70-814. – Nutrient management plan.

(a) No intensive livestock, dairy or poultry facility for which the commonwealth requires a nutrient management plan shall commence operation until such plan has been approved by the state department of conservation and recreation, or by the state cooperative extension service, or by a person certified or employed by the commonwealth as a nutrient management planner.

(b) If the nutrient management plan provides for off-site disposal of waste, the operator shall provide, as part of the plan, written documentation of an agreement with the receiver of the waste produced at his facility, or an affidavit, sworn and subscribed before a notary public, that states his intention to dispose of waste through sale in a retail establishment or otherwise marketing to consumers. Documentation shall specify the duration of the agreement and the nature of the application or use of the waste. A nutrient management plan containing such an agreement shall be valid only as long as the agreement remains in force and shall be reviewed whenever such agreement expires or is terminated. If such an agreement is terminated before its expiration date, the operator shall notify the zoning administrator within 15 days of termination.

(Ord. of 5-2-1996, § 1504)

Secs. 70-815—70-845. – Reserved.

CHAPTER 70 – ZONING

Sec. 70-771. – Special use permit required.

Each application for a special use permit to construct a manufactured home park or to enlarge an existing mobile home park shall be accompanied by four copies of a site plan pursuant to section 70-116, showing the location of common trash containers, location and size of driveways, parking areas, playgrounds, utilities, service buildings, other buildings, manufactured or mobile home spaces, and setbacks from all public roads.

(Ord. of 5-2-1996, § 1401)

Sec. 70-772. – Minimum area.

Each manufactured home space shall have a minimum area of 5,000 square feet and a minimum width of 40 feet.

(Ord. of 5-2-1996, § 1402)

Sec. 70-773. – Separation of homes.

Spaces shall be designed such that no manufactured home is closer than ten feet to any other space. No space shall be located closer to the park boundary than 25 feet. Each space shall be clearly defined on the ground by permanent markers.

(Ord. of 5-2-1996, § 1403)

Sec. 70-774. – Streets and parking areas.

All internal streets and parking areas shall be designed and constructed to the state department of transportation subdivision street standards. Parking spaces shall be provided outside of the right-of-way at a rate of two parking spaces for each manufactured home space, plus one guest parking space for every ten manufactured home spaces. Each parking space shall be at least nine feet wide and 18 feet deep. Approved street lighting shall be provided for every 200 linear feet of internal street and at each entrance to or exit from the park. Lighting shall be directed away from adjacent properties and roadways so that it does not create a nuisance or safety hazard.

(Ord. of 5-2-1996, § 1404)

Sec. 70-775. – Water and sewer systems.

Each manufactured home space shall have an adequate supply of water approved by the state department of health. All domestic waste water shall empty into a sewage treatment system approved by the state department of health.

(Ord. of 5-2-1996, § 1405)

Sec. 70-776. – Solid waste disposal.

Solid waste shall be collected and disposed of as frequently as necessary, but not less than twice weekly, at the park owner’s expense. The manner of disposal shall be approved by the county.

(Ord. of 5-2-1996, § 1406)

Sec. 70-777. – Recreation space.

At least 500 square feet of playground space shall be provided and maintained for each space. Each park shall provide at least two playgrounds, and no playground shall be less than 10,000 square feet in area. At least one shall be improved with equipment appropriate to preschool and elementary schoolchildren, and at least one shall be improved with equipment appropriate for secondary schoolchildren. Such playgrounds shall be located on the same lot as the manufactured homes and shall be available for entry and use by the occupants. The owner shall designate an agent, satisfactory to the board of supervisors, to maintain such playgrounds without expense to the county. Such areas shall be used exclusively for recreation and shall not include parking lots, streets or other impervious surfaces.

(Ord. of 5-2-1996, § 1407)

Secs. 70-778—70-810. – Reserved.

 

CHAPTER 70 – ZONING

Sec. 70-731. – Intent.

The board of supervisors hereby implements clustering provisions as required by Section 15.2-2286.1 VA Code Ann.

This article offers the option of creating subdivisions consisting of clusters of lots accompanied by a reserved area of open space in agricultural (A) and residential zones to preserve biological value and diversity, and maintain vistas, forests, historical heritage and agricultural land. Compared to non-cluster development, cluster developments are intended to preserve the rural character of Orange County, maintain the opportunity for agricultural and forestry use, reduce the amount of land consumed by residential developments, lower the cost of roads and other public facilities and help maintain the quality of life for the citizens of Orange County. Cluster developments shall fully comply with the provisions of chapter 54 of this Code except as provided below.

(Ord. of 6-26-2007)

Sec. 70-732. – Applicability.

(a) Agriculturally zoned areas. This section only applies to individual parcels of land of at least 112 acres in agricultural (A) zoned areas that do not have a taxable improvement.

(b) Residentially zoned areas. This section applies to all parcels of land in residential zoned areas without a taxable improvement.

(c) Contiguous parcels can be combined into a single parcel for the purpose of this section.

(Ord. of 6-26-2007)

Sec. 70-733. – Area and density.

(a) Agriculture (A) zoned areas. The minimum area for a cluster development in an agriculturally zoned area shall be 112 acres to permit an easement of 100 acres while meeting the 90 percent open space requirement. A minimum of 90 percent of the land area shall be reserved as open space and can only be used for agriculture, forestry, or a nature preserve in accordance with section 70-734(a). The open space shall be at least one single 100-acre parcel for each 112 acres subdivided. The individual lots for single-family dwellings shall be contiguously grouped in compatible cluster(s) within the development. There shall be allowable no more than one cluster of dwellings per 112 acres subdivided. Each lot shall conform to the minimum lot standards in sections 70-304, 70-735, and 54-138 et seq.

(b) Residential zoned areas. There is no minimum area for a cluster development in a residential zoned area. A minimum of 50 percent of the land area shall be reserved as open space and can only be used for agriculture as permitted by section 70-332, forestry, nature preserve or recreational purposes in accordance with section 70-734. The individual lots shall be contiguously grouped in compatible cluster(s) within the development. Each lot shall conform to the minimum lot standards in sections 70-334, 70-735, and 54-138 et seq.

(Ord. of 6-26-2007; Ord. of 6-28-2011(11))

Sec. 70-734. – Preservation of reserved area as open space; deed restrictions; enforcement.

(a) Agricultural (A) zoned areas.

(1) The reserved area in agricultural (A) zoned areas shall be preserved as open space. It shall not be subdivided or used for the purpose of any dwelling or other occupied structure, and may only be used for:

(i) Agriculture;

(ii) Forestry; or

(iii) Nature preserve.

Uninhabited structures related to the uses listed above may be constructed on the open space upon the issuance of proper permits by the county.

(2) Restrictive covenants and a conservation easement on the reserved area, reflecting the limitations set forth in subsection (1) of this section, shall be established by the subdivider and reviewed and approved by the county attorney prior to being recorded with the approved final plat of subdivision in the land records as maintained by the clerk of the circuit court of the county. Any subsequent use of the reserved area must be consistent with the restrictive covenants and the conservation easement. The conservation easement must be placed with the Virginia Outdoors Foundation or some similar organization approved by the board of supervisors. This organization must have independent legal standing and be willing and able to enforce the easement in perpetuity. Any subsequent change to the conservation easement or restrictive covenants recorded for the open space must be approved by the county attorney as consistent with the original approved cluster and this ordinance [Ord. of 3-9-10] prior to recordation.

(3) The following language or other language approved by the zoning administrator and county attorney shall be used in the deed of restrictive covenants or deed of conservation easement and shall be shown on the face of the plat of subdivision:

“The land designated as open space or reserved area as shown hereon [or as described herein (in the case of a deed)] may be used only for agriculture, forestry, or nature preserve;”

(4) The zoning administrator shall issue no zoning permit and the subdivision agent shall approve no plat that would violate the terms or intent of this article.

(5) Ownership of the parcel designated as open space must be clearly established and approved by the county attorney, as meeting the requirements of this article prior to the approval of the subdivision plat for the cluster development.

(b) Residential zoned areas.

(1) The reserved area in residential zoned areas shall be preserved as open space, cannot be subdivided or used for the purpose of any dwelling or other occupied structure and may only be used for:

(i) Agriculture as permitted by section 70-332

(ii) Forestry;

(iii) Nature preserve; or

(iv) Recreational purposes.

Uninhabited structures related to the uses listed above may be constructed on the open space upon the issuance of proper permits by the county.

There must be a homeowner’s association in the subdivision responsible for the maintenance and upkeep of any facilities that may be constructed in relation to the use of the open space unless the county determines that accepting the facilities into the county system would be appropriate. The restrictions on the reserved area shall be recorded in the deed for the open space parcel as well as each lot in the cluster subdivision.

(2) Restrictive covenants on the reserved area reflecting the limitations set forth in subsection (1) of this section shall be established by the subdivider and reviewed and approved by the county attorney prior to being recorded with the approved final plat of subdivision in the land records as maintained by the clerk of the circuit court of the county. Any subsequent use of the reserved area must be consistent with the restrictive covenants. Any subsequent change to the conservation easement or restrictive covenants recorded for the open space must be reviewed and approved by the county attorney as meeting the requirements of this article prior to recordation.

(3) The following language or other language approved by the zoning administrator and county attorney shall be used in the recorded deed of restrictive covenants or deed of conservation easement and shall be shown on the face of the plat of subdivision:

“The land designated as open space or reserved area as shown hereon [or as described herein (in the case of a deed)] may be used only for agriculture as permitted by Sec. 70-332, forestry, nature preserve or recreational purposes;”

(4) The zoning administrator shall issue no zoning permit and the subdivision agent shall approve no plat that would violate the terms or intent of this article.

(5) Ownership of the parcel designated as open space must be clearly established and approved by the county attorney, as meeting the requirements of this article prior to the approval of the subdivision plat for the cluster development.

(Ord. of 6-26-2007)

Sec. 70-735. – Lot standards.

(1) The minimum frontage shall be 70 feet.

(2) The minimum setback shall be 35 feet.

(3) The minimum rear yard shall be 25 feet.

(4) The minimum side yard shall be ten feet.

(Ord. of 6-26-2007)

Sec. 70-736. – Streets and utilities.

A cluster development street must consist of a right-of-way that is at least 50 feet wide and shall provide access from each lot in the development to the state highway system. The street may be maintained either by the property owners’ association or by the Virginia Department of Transportation (VDOT), and shall be constructed in accordance with article III of chapter 54 of this Code. The lots shall have entrances onto the development street and shall not have entrances onto a state primary or secondary highway. Utilities may not be constructed within the street right-of-way. Acreage set aside for streets and utilities shall not be included in the area set aside for open space.

(Ord. of 6-26-2007)

Sec. 70-737. – Design features.

(a) The cluster development shall be designed to ensure quality development and preservation of open space. In order to accomplish these goals, the following specific features on the land included in the cluster development shall be situated to the extent possible in the reserved area of open space:

(1) Historic and cultural features. Historic and cultural features shall include historic and cultural features and archeological sites which have been identified by the Virginia Department of Historic Resources, the National Trust of Historic Preservation, the Orange County Historical Society, or other state, local or federal entities charged with the identification of historic and cultural resources.

(2) Sensitive environmental features. Sensitive environmental features shall include wetlands, non-tidal wetlands and watercourses as defined under state law or in the comprehensive plan, and slopes in excess of 15 percent.

(3) Agricultural lands. Agricultural lands shall include the most productive agricultural land as determined by the county agricultural extension agent.

(4) Natural ridge lines. Natural ridge lines shall include the area along the top of a hilltop or ridge.

(b) The streets in the cluster development shall avoid the features and lands set forth in subsection (a), champion or historic trees, tree masses, and unusual rock formations.

(c) The houses shall not be located along natural ridge lines or on slopes in excess of 15 percent, and clearing of natural ridge line or on critical slopes shall be minimized.

(d) To the extent possible the lots containing houses in the cluster development and the houses themselves shall be situated in order to preserve and enhance the features set forth in this section.

(e) Historic and cultural features, sensitive environmental features and agricultural lands not situated in the reserved area of open space shall be identified along with provisions to protect these features.

(f) The landowner or developer shall have a qualified expert, acceptable to the zoning administrator, identify on the subdivision plat and include measures to protect the features set forth in subsection (a) herein as part of the cluster development and the expert shall certify compliance with this section on the subdivision plat.

(Ord. of 6-26-2007)

Sec. 70-738. – Procedure for approval.

Cluster subdivision proposals shall be reviewed and approved in accordance with the provisions of this article and chapter 54 of this Code.

(Ord. of 6-26-2007)

Secs. 70-739—70-770. – Reserved.

 

CHAPTER 70 – ZONING

 

DIVISION 1. – GENERALLY

Sec. 70-581. – Amateur radio antennas; height requirements.

Pursuant to Code of Virginia of 1950, as amended, § 15.2-2293.1 amateur radio antennae up to 200 feet in height are exempt from the height requirements specified in this section. In order to protect the safety of adjacent property owners and the public, the base of any such antennae shall be setback from every and all property lines a minimum of one-third the number of feet as the height of the antennae. All reasonable and customary engineering practices shall be followed in the erection of any amateur antennae. Location of any amateur radio antennae over 200 feet in height shall require issuance of a special exception by the board of zoning appeals.

(Ord. of 10-12-1999)

Sec. 70-582. – Large retail uses.

Any “large retail use” as defined in section 70-1 shall submit a special use permit application and site plans. The purpose for this application is to promote architectural excellence and character as well as to ensure compatibility with surrounding uses, enhance property values, improve the environment by mitigating negative impacts, related but not limited to noise, public infrastructure and light pollution, promote improved pedestrian and vehicular movements, encourage efficient use of land and maintain positive community appearance, and meet guidelines as adopted by the board.

(Ord. of 6-10-2008(3))

Secs. 70-583—70-600. – Reserved.

 

DIVISION 2. – AIRPORT

Sec. 70-601. – Applicability.

In addition to the other provisions of this chapter, all unincorporated areas of the county located beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the county airport and the Gordonsville Municipal Airport shall be subject to the provisions of the Orange County, Virginia, Airport Zoning Ordinance as adopted and amended by the board of supervisors. Such zones are set out in FAR part 77 and shown on the imaginary surfaces map attached to the Orange County, Virginia, Airport Zoning Ordinance, appendix A of this volume.

(Ord. of 5-2-1996, § 1110)

Secs. 70-602—70-620. – Reserved.

 

DIVISION 3. – BUILDING STANDARDS

Sec. 70-621. – Principal structures allowed.

Only one principal structure, and those structures customarily accessory to it, may be permitted on any lot. Up to seven (7) farm tenant houses may be considered accessory to a farm, as defined in Sec. 70-1. Any road serving three (3) or more addressed dwelling units on such a farm shall be named.

(Ord. of 5-2-1996, § 1102.01; Ord. 10-27-15)

Sec. 70-622. – Uses requiring special use permit.

Truck trailers, boxcars or similar constructions shall be permitted for residential, commercial or industrial occupancy only by special use permit. Occupancy of a recreational vehicle for more than 30 days shall be permitted only in a campground authorized by a special use permit.

(Ord. of 5-2-1996, § 1102.02)

Sec. 70-623. – Temporary housing.

Temporary housing may be allowed as outlined below:

  1. Temporary emergency housing. A manufactured home or a mobile home used solely for temporary emergency housing may be placed and used in any zoning district at the site of the destroyed or damaged structure upon issuance of a temporary zoning permit by the zoning administrator, subject to such reasonable conditions as he may prescribe. In such cases, the applicant shall establish some demonstrable hardship, other than medical or financial, brought on by flood, fire, storm or other natural disaster. Such temporary permit shall be issued for a period not to exceed six months and may be renewed for additional six-month periods not to exceed a total permit period of 24 months. Prior to occupancy of the temporary dwelling, the applicant must also obtain a building permit for that dwelling. The manufactured home or mobile home shall be removed within 60 days of the expiration date of the temporary zoning permit or within 60 days of the issuance of a certificate of occupancy from the building department, whichever occurs first.
  2. Temporary use during new construction. Any existing single-family dwelling, manufactured home, or a mobile home may be used for temporary housing during the construction of a new single-family dwelling or installation of a new manufactured home in the agricultural (A) district This is permissible provided the existing dwelling and the proposed new dwelling are located on the same lot. The zoning administrator shall, upon application for necessary construction permits by the owner, issue a temporary zoning permit for the temporary housing and may prescribe reasonable conditions as needed. Such temporary permit shall be issued for a period not to exceed that which is reasonably expected for the construction or installation of the new dwelling, generally not to exceed 12 months. If additional time for construction is needed as shown by the applicant, the zoning administrator may extend such permit for an additional period of time not to exceed a total permit period of 24 months. A temporary manufactured home or mobile home shall be removed within 60 days of the expiration date of the temporary zoning permit or within 60 days of the issuance of a certificate of occupancy from the building department for the new dwelling, whichever occurs first. An existing single-family dwelling used as temporary housing shall be completely removed within six (6) months of the issuance of a certificate of occupancy from the building department for the new dwelling.

(3) Medical emergency housing. In the event of a medical emergency, a manufactured home may be used as temporary housing for immediate family members, as well as any mentally or physically impaired persons related by blood, marriage, or adoption of the caregiver, or of whom the caregiver is the legally appointed guardian, in the agricultural (A) district provided the applicant can show a medical need for such housing and obtains a temporary zoning permit from the zoning administrator as provided in this section and in any single family residential zoning district on lots zoned for single family detached dwellings. The applicant for a medical emergency housing permit shall present a demonstrated need for such housing, including but not limited to medical certificates, doctor’s statements, etc. The applicant shall show that he is the owner of record of the tract of land on which the manufactured home is to be located and that the persons to occupy the manufactured home are members of his immediate family. The application shall be filed with the zoning administrator for review and subsequent approval or disapproval. A permit approved pursuant to this section may not be subsequently transferred to the heirs or assigns of the applicant. Such temporary permit shall be issued for a period not to exceed six months and may be renewed for additional six-month periods not to exceed a total permit period of 24 months. Prior to occupancy of the temporary dwelling, the applicant must also obtain a building permit for that dwelling. The manufactured home or mobile home shall be removed within 60 days of the expiration date of the temporary zoning permit.

(4) In every instance as described in this section, all dwellings shall be placed in accordance with the provisions of this chapter and installed according to all applicable local and state building codes. Prior to the occupancy of any new home as described in this section, a valid well and septic permit shall, as applicable, be obtained from the state department of health; and a final inspection authorizing occupancy shall be made by the building department. An entrance permit from the state department of transportation shall be obtained prior to the location of any new driveway onto a state road. Any applicant seeking approval of temporary housing pursuant to this section shall certify via an affidavit their acknowledgement of the terms specified in this section and as may be set by the Zoning Administrator. The Zoning Administrator shall maintain a standard affidavit form for use by applicants.

(Ord. of 5-2-1996, § 1102.03; Ord. of 5-13-2003; Ord. of 6-28-2011(10); Ord of 05-08-2018)

Sec. 70-624. – Exterior lighting.

  1. Purpose. The purpose of this section is to regulate exterior lighting in order to:
    1. Permit the use of exterior lighting at the minimum levels necessary for nighttime safety, utility, security, productivity, enjoyment, and commerce;
    2. Ensure exterior lighting does not adversely impact land uses on adjacent lands by minimizing light trespass, obtrusive light, and glare;
    3. Ensure the safety of motorists by minimizing light spillage and glare onto adjacent streets;
    4. Curtail light pollution, reduce sky glow, and preserve the nighttime environment for astronomy, wildlife and the enjoyment of residents and visitors;
    5. Conserve energy and resources to the greatest extent possible; and
    6. Ensure security for persons and properties.
  2. Applicability and compliance. The provisions of this section shall apply to all nonresidential development, all single-family attached residential development (i.e. townhome complexes), and all multi-family residential development (i.e. apartment complexes), pursuant to the subsections below:
      1. Nonconforming lighting. Exterior lighting in existence before October 27th, 2015 that does not comply with this section may remain in place. Any exterior lighting associated with the above uses which was installed on or after October 27th, 2015 shall be brought into compliance with this section no later than December 31st, 2020.

    No changes to the use, location, height, or features of exterior lighting fixtures shall be allowed except in conformance with current exterior lighting standards. Changing the housing or lenses in a lighting fixture and routine lighting fixture maintenance (such as changing lamps or light bulbs, ballast, starter, photo control, or other similar components) are allowed if such actions do not result in a higher lumen output or increased dispersion of light from the fixture.

    1. Exemptions. The following are exempt from the standards of this section:
        1. Lighting within or adjacent to a public street right-of-way/easement that is used principally for illuminating the roadway;
        2. Lighting exempt from this section as a matter of state or federal law;
        3. FAA-mandated lighting associated with a utility installation or airport;
        4. Lighting for public monuments and statuary;
        5. Temporary lighting for special events, provided such lighting is discontinued upon completion of the event;
        6. Temporary lighting for active construction sites, provided such lighting is discontinued upon completion of the construction activity;
        7. Temporary lighting for emergency situations, provided such lighting is discontinued upon abatement of the emergency situation;
        8. Security lighting controlled and activated by motion sensor devices for a duration of fifteen (15) minutes or less;
        9. Lighting associated with barns, paddock areas, livestock pens, and other structures and areas used for bona fide agricultural purposes, but not including lighting of residential buildings, parking areas, or other associated commercial uses which may be located on the property;
        10. Low-voltage landscape lighting;
        11. Underwater lighting in swimming pools, fountains, and other water features; and
        12. Holiday or festive lighting, provided such lighting does not cause unsafe glare on or near public street rights-of-way.

      3.  Compliance. For new development and redevelopment, a minor site plan or major site plan as required pursuant to Article II of this Ordinance shall be utilized to demonstrate compliance with this section. For other situations, the Zoning Administrator may utilize other means of determining compliance.

    1. Prohibited lighting. The following types of lighting are prohibited:
      1. Luminaries that imitate an official highway or traffic control light or sign;
      2. Luminaries that obscure or inhibit visibility of any traffic control light or sign;
      3. Luminaries that have a flashing or intermittent pattern of illumination, except as may be permitted for time or temperature displays and for digital signs;
      4. Privately-owned luminaries located in a public right-of-way or on public property;
      5. Searchlights and aerial lasers, except when used by federal, state, or local authorities;
      6. Open-flame gas lamps;
      7. Mercury vapor luminaries; and
      8. Luminaries equipped with adjustable mounting devices permitting alteration of luminaire aiming on the fly.
    2. Exterior lighting standards. The following standards shall apply to all lighting permitted pursuant to this section:
      1. General.
        1. Shielding. All luminaries shall be fully shielded and full-cutoff, either by fixture design or as a decorative design with full-cutoff optics.
        2. Focused lighting. All lighting shall be controlled and directed so as to be confined only to the object(s) intended to be illuminated. Directional shielding may be used to meet this standard. Except for exterior accent lighting, all lighting shall be generally directed and focused downward.
        3. Spillover light. Lighting intensity shall not exceed 0.5 foot-candle at the property line(s) of the parcel(s) on which the development is constructed. For developments with multiple lots and a master lighting plan, this standard shall apply to the perimeter of the development as a whole.
        4. Mounting height. Unless otherwise required by the County Code or approved as a condition of a Special Use Permit or Special Exception, the maximum height of a luminaire installed for residential development shall be twenty (20) feet, and twenty-five (25) feet for all other development. Mounting height shall be measured from the bottom of an installed luminaire to finished grade below.
      2. Canopies.
        1. Luminaire installation. Luminaries in canopies, such as those associated with vehicle refueling facilities, drive-through windows, etc., shall be recessed into the canopy ceiling so that the bottoms of the luminaries are flush with the ceiling. Alternatively, indirect lighting may be used where light is directed upward to and reflected downward from the underside of the canopy, with the luminaries shielded so that direct illumination is focused exclusively on the underside of the canopy.
        2. Prohibited installations. No lighting shall be installed on the sides or top of any canopy, with the exception of an internally-illuminated logo sign. For the purpose of this section, digital signs other than those utilized strictly for displaying fuel prices shall be considered exterior lighting and shall be prohibited from being located on any canopy.
        3. Light containment. Horizontal illumination shall not exceed twelve (12) foot-candles at the perimeter of the canopy.
      3. Ground-mounted accent lighting. Ground-mounted spotlighting and floodlighting used to provide accent illumination for buildings, landscapes, signs, and other exterior features of a development shall be installed such that the central axis of the light beam from the luminaire does not exceed an angle of forty-five (45) degrees from finished grade.

(Ord. 05/08/2018)

 

Secs. 70-625 – 70-645. – Reserved.

 

DIVISION 4. – SETBACKS

Sec. 70-646. – Primary highways.

The minimum distance by which any structure, except signs, gasoline pump islands, and their canopies, shall be separated from the right-of-way of a primary highway, irrespective of property lines, shall be as follows:

(1) Germanna Highway (VA Route 3): 100 feet.

(2) James Madison Highway (US Route 15) north of the Town of Orange: 150 feet.

(3) James Madison Highway (US Route 15) south of the Town of Orange: 100 feet.

(4) Constitution Highway (VA Route 20) north of the Town of Orange or south of Spotswood Trail (US Route 33) in Barboursville: 100 feet.

(5) Constitution Highway (VA Route 20) south of the Town of Orange and north of Spotswood Trail (US Route 33) in Barboursville: 300 feet.

(6) Spotswood Trail (US Route 33): 100 feet.

(7) Blue Ridge Turnpike (VA Route 231) north of the Town of Gordonsville: 300 feet.

(8) Blue Ridge Turnpike (VA Route 231) south of the Town of Gordonsville: 100 feet.

(9) Zachary Taylor Highway (US Route 522): 100 feet.

(Ord. of 5-2-1996, § 1105.01)

Sec. 70-647. – Reserved

Sec. 70-648. – Gasoline pump islands and canopies.

Gasoline pump islands and canopies may be set back up to half of the setback distance required in section 70-646.

(Ord. of 5-2-1996, § 1105.03; Ord. 10-27-15)

Sec. 70-649. – Permanent signs on primary highways.

Permanent signs shall be set back 300 feet from the right-of-way of Constitution Highway (VA Route 20) south of the Town of Orange and north of US Route 33 in Barboursville, and 300 feet from the right-of-way of Blue Ridge Turnpike (VA Route 231) north of the Town of Gordonsville. On other primary highways, each permanent sign shall be set back from the right-of-way a distance equal to its height.

(Ord. of 5-2-1996, § 1105.04)

Secs. 70-650—70-670. – Reserved.

 

DIVISION 5. – OFF-STREET PARKING AND LOADING

Sec. 70-671. – Purpose and applicability.

The regulations in this division are established for the purposes of: (1) maximizing the safety and functionality of parking areas; (2) providing parking and loading facilities in a reasonable proportion to the needs of one or more uses; (3) reducing minimum parking requirements to coincide with common usage rather than peak usage; (4) minimizing the visual and environmental impacts of parking areas on neighboring properties; and (5) allowing for flexible site design and layout.

Except as otherwise provided for, the regulations in this division shall apply to: (1) each new use or structure approved after the date of adoption of these regulations; (2) any site redevelopment whereby any structure is demolished in order to accommodate new construction; and (3) each change or intensification of any use that necessitates additional parking, but only to the extent of the additional parking.

(Ord of 05-02-96, Ord. 08/11/98, Ord of 11/12/99, Ord. of 10/27/15)

Sec. 70-672. – Parking area design and use.

(a) General design standards.

  1. Location. All required off-street parking spaces required herein shall be located on the same lot as the structure or use to which they are accessory, or on a lot contiguous thereto which has the same zoning classification and is under the same ownership. The zoning administrator may authorize the latter provided that the required parking spaces are located within five-hundred (500) feet of a building entrance to the use that such spaces serve, and that ownership arrangements are made so as to assure the permanent availability of such spaces to the satisfaction of the administrator.
  2. Uses. All required off-street parking spaces shall be used for the parking of operable vehicles.
  3. Layout. On any property for which the minimum parking requirement is forty (40) or more spaces, parking areas shall be split up such that no more than half of the required number of spaces is located in the front yard.
  4. Separation of parking from use. No parking area or spaces shall be separated from the use or structure they serve by a street whose classification is a major collector or higher.
  5. Entrances. Any lot may have a maximum of two (2) entrances on the road(s) serving the lot and parking area. The zoning administrator may modify this requirement for lots containing multiple uses, such as shopping centers, for unique site constraints, for lots fronting on any arterial highway (see below), and/or to meet any applicable VDOT regulation(s). Such entrances shall be at least ten (10) feet from any side property line and at least ten (10) feet in width per lane.
  6. Access to arterial highways. Except as may be provided for elsewhere in this Ordinance, lots and/or developments fronting on an arterial highway shall utilize a shared access concept such that no site has exclusive access to the arterial highway at intervals of less than one access point every five hundred (500) feet, measured from the center line of the entrance(s). If shared access cannot be provided due to either site constraints or incompatibility of adjacent uses, the site shall be limited to one exclusive access point, or for shopping centers, one exclusive access point per five hundred (500) feet of road frontage.
  7. Parking areas on adjacent lots. Connections shall be provided between parking areas on adjacent lots and/or developments, provided they share similar zoning classifications.
  8. Surfacing.  All off-street parking, stacking, loading and drive areas, except for those required for single-family and two-family dwellings, shall be surfaced so as to provide a durable and dustless surface, and shall be graded so as to dispose of all surface water accumulation within the area, unless such surface water accumulation is part of a designed stormwater runoff control measure. Parking lots with fifteen (15) or more spaces, along with any stacking and drive areas, shall be surfaced with concrete, asphalt or other bituminous pavement, pavers, and/or permeable/pervious pavement.
    1. The zoning administrator may grant a waiver from the paving requirement for: (1) any use deemed to be of a rural and intermittent nature whereby the applicant submits sufficient written and graphic evidence that the paving requirement is not appropriate to the specific site and use due to the location, size, intensity of use or other unique, site-specific conditions; (2) any temporary or overflow parking whereby the applicant submits a written statement that such parking is not for permanent use; or (3) any use for which vehicular access is provided by a state-maintained road which is not hard-surfaced and is not planned to be hard-surfaced at the time of site plan submittal.
  9. Emergency access. Drive aisles may be utilized as emergency access lanes provided the centerline of said aisle is no farther than thirty (30) feet from the principal structure(s). Where practical, emergency access lanes shall be provided outside of drive aisles and other required parking areas.
  10. Lighting. All lights used to illuminate any parking, stacking, loading or drive areas shall be of the full-cutoff variety (i.e. they do not project light above the horizontal plane of the fixture) and so arranged so as to direct light and glare downward and away from streets or neighboring properties.

Demarcation. Parking spaces in lots of five (5) or more spaces shall be delineated by painted lines, curbs, bumper blocks, vertical lines on continuous curbing or other appropriate means of marking. Any method of demarcation shall be maintained and periodically restored as long as the parking area serves an active use.

Pedestrian circulation. Accommodations for pedestrians moving between the parking area(s) and building(s) shall be provided such that pedestrian access through and around the parking area(s) is separate from the vehicular drive aisles. There shall be a sidewalk at least five (5) wide between the side of any building(s) and an adjacent parking area.

(b) Modification or waiver. Except where individually specified, the zoning administrator may modify or waive any of the general standards contained within Sec. 70-672(a) so long as the administrator finds that the public health, safety or welfare would be equally or better served by the modification or waiver and that the modification or waiver would not otherwise be contrary to the purpose and intent of this chapter. For any denial of a modification or waiver request, the applicant(s) may file an appeal pursuant to Sec. 70-68.

            (Ord. 10/27/15)

Sec. 70-673. – Parking requirements.

(a) Uses not listed. The zoning administrator shall determine the required parking and loading requirements for any uses not specifically listed herein, based upon the most similar uses that are listed.

(b) Computations. The computation of the number of required parking spaces shall be in accordance with Sec. 70-673(f), unless otherwise modified. The zoning administrator may accept a parking study prepared by a transportation engineer or other similarly licensed transportation professional to determine peak or maximum parking requirements.

      1. Where any computation results in a fractional number, the number of required parking spaces shall be rounded to the nearest whole number.
      2. For the purposes of this section, gross floor area shall include all interior floor area devoted to and ancillary to the use, including storage and warehousing space unless otherwise stated.
      3. Where parking is based on the number of employees, the number of employees shall mean the maximum number of persons working on any one (1) shift.
      4. All references to maximum occupancy shall mean the maximum occupancy as determined pursuant to the Virginia Uniform Statewide Building Code.
      5. Garage spaces, and other covered spaces or bays outside of drive aisles and any required vehicle stacking area, may be counted towards the minimum number of required parking spaces.

(c) Alternative parking. In recognizing the various forms of personal transportation available, modifications to the total number of required parking spaces are permitted below. Alternative parking spaces shall be marked appropriately with signage and/or pavement stenciling.

      1. Motorcycles. Parking spaces for motorcycles may substitute for up to five (5) required automobile spaces or five (5) percent of required automobile parking, whichever is less. For every three (3) motorcycle spaces provided, the minimum number of automobile parking spaces may be reduced by one (1).
      2. Small cars. Where the minimum number of parking spaces is fifteen (15) to one-hundred (100), up to twenty-five (25) percent of the installed spaces may be for small cars. Where the total requirement is over one-hundred (100) spaces, spaces for compact cars may constitute up to thirty-five (35) percent of the installed spaces.

(d) Maximum parking. In order to avoid excessive surpluses of parking which increase development costs and impervious surfaces, as well as reduce the economic viability of land, impervious parking for all uses other than individual single-family and two-family dwellings shall not be provided in excess of ten (10) percent above the required minimum. Where parking is to be provided in excess of ten (10) percent above the required minimum, parking areas above this threshold shall be surfaced with permeable/pervious pavement or other low-impact design alternative. On sites where the soil conditions do not allow for the successful installation of permeable/pervious pavement, and upon sufficient written and/or graphic evidence submitted by the applicant of such, the zoning administrator may waive the permeable/pervious paving requirement.

(e) Parking area setbacks. Parking areas shall be set back a minimum of fifteen (15) feet from any front property line and ten (10) feet from any side or rear property line. Where buffer yards are required due to different neighboring zoning classifications, parking areas may encroach up to half of the required buffer yard. Parking areas adjacent to any primary highway may encroach up to half the required setback distance otherwise required by Sec. 70-646. The Board of Supervisors may approve a special exception for any encroachment of a parking area in excess of the latter.

(f) Minimum parking requirements.

Agricultural Uses Parking Required
Agriculture (as defined, except for farm breweries, wineries, and distilleries open to the public) No requirement
Farm brewery, winery, or distillery (open to the public) 1 per 200 sq. ft. of gross floor area generally open to the public
Farm enterprise 1 per non-resident employee
Farm stand 1 per 100 sq. ft. of sales area; 3-space minimum
Farmer’s Market 1.5 per booth or vendor’s space
Stable, commercial 1 per non-resident employee, plus 1 per every 4 animals stabled
Stable, private No requirement
Residential & Lodging Uses Parking Required
Accessory apartment 1, plus the dwelling unit requirement
Bed and breakfast inn 1 per guest room, plus the dwelling unit requirement
Dwelling, single-family (attached or detached) 2 per dwelling unit
Dwelling, two-family 2 per dwelling unit
Dwelling, multifamily

One bedroom

Two bedrooms

Three bedrooms

Four or more bedrooms

1.75 per dwelling unit

2.0 per dwelling unit

2.25 per dwelling unit

2.5 per dwelling unit

Home occupation 1, plus the dwelling unit requirement
Hotel/Motel 1.1 per guest room, plus additional spaces for separate concurrent uses
Manufactured home 2 per home or per leasable space within manufactured home parks
Short-term lodging facility 1 per guest room, plus the dwelling unit requirement
Institutional & Civic Uses Parking Required
Day care center/Nursery facility 1 per employee, plus 0.1 per person of maximum occupancy, plus 1 per vehicle associated with the facility, plus a dedicated pick-up/drop-off vehicle stacking area
Family day care home 1 per non-resident employee, plus the dwelling unit requirement
Funeral home/parlor 0.25 per person of maximum occupancy for the main chapel, plus 1 per two employees, plus 1 per hearse and/or company vehicle
Group home 0.5 per resident, plus 1 per non-resident employee
Hospital (in-patient care) 1 per 2 patient beds, plus 1 per employee
Museum/Gallery 1.25 per 1,000 sq. ft. gross floor area; 4 space minimum
Nursing home/Assisted living facility 0.2 per bed, plus 1 per employee, plus 1 per vehicle associated with the facility
Place of worship 0.25 per person of maximum occupancy for the main assembly area, plus required parking for other daily ancillary uses
School (public and private) To be determined by the zoning administrator based on a parking study submitted by the owner, and in consideration of traffic generation figures, peak parking demands, and other relevant available data
Professional Office Uses Parking Required
Bank 2.5 per 1,000 sq. ft. gross floor area, plus each drive-through lane shall accommodate stacking for 5 vehicles
Contractor/Consultant office 1 per 600 sq. ft. gross floor area
Doctor/Dentist office 1.2 per examination/operation room, plus 3 per 1,000 sq. ft. gross floor area of the ancillary office use
General office 3 per 1,000 sq. ft. gross floor area excluding storage areas; 3-space minimum
Government office 4 per 1,000 sq. ft. gross floor area, or as determined by the zoning administrator
Laboratory 2.5 per 1,000 sq. ft. gross floor area excluding storage areas
Veterinary clinic 3, plus 2 per examination/operation room
Commercial Uses Parking Required
Antique shop 1 per 600 sq. ft. gross floor area
Car wash (as a principal use) 1 per bay, plus stacking space for 1 vehicle behind each bay, plus 1 per vacuum/air/etc. facility
Car wash (as an accessory use) Stacking space for 3 vehicles behind the wash bay, plus 1 per vacuum/air/etc. facility
Convenience store with vehicle refueling facilities 2.5 per 1,000 sq. ft. gross floor area, plus necessary vehicle stacking area (spaces at pumps may not count toward the minimum parking requirement), plus 1 per vacuum/air/etc. facility
Grocery/Food store (including pharmacies) 4 per 1,000 sq. ft. gross floor area excluding storage areas
Kennel 1 per 500 sq. ft. gross floor area not including runs
Kitchen (commercial food preparation) 2.5 per 1,000 sq. ft. gross floor area, plus 1 per delivery/company vehicle
Laundromat 5 per 1,000 sq. ft. gross floor area
Nursery, retail 2 per 1,000 sq. ft. gross indoor sales floor area, plus 1 per 2,000 sq. ft. gross outdoor sales floor area, plus 1 per delivery/company vehicle
Personal service establishment 3 per 1,000 sq. ft. gross floor area; 4 space minimum
Retail, general 3.3 per 1,000 sq. ft. gross floor area excluding storage areas; 4-space minimum
Retail, hard goods (including furniture, large appliances, hardware, building materials, auto parts, etc.) 1.5 per 1,000 sq. ft. gross floor area, plus 1 per delivery/company vehicle
Restaurant with drive-through facilities 1 per 125 sq. ft. gross floor area (including outdoor seating areas), plus each drive-through lane shall accommodate stacking for 5 vehicles
Restaurant, general (including drinking establishments) 1 per 100 sq. ft. gross floor area (including outdoor seating areas)
Shopping center 3 per 1,000 sq. ft. gross sales floor area
Vehicle service/repair 2 per bay, plus spaces for other ancillary uses on-site (e.g. general retail or vehicle rentals)
Vehicle sales and rentals (including farm equipment) 2 per 1,000 sq. ft. gross indoor floor area, plus 1 per 2,000 sq. ft. gross outdoor sales/display area (total is in addition to 1 space for each vehicle for sale/displayed outdoors)
Industrial Uses Parking Required
Distribution facility 1 per employee, plus spaces for any ancillary office, retail, etc. use on-site
Junk yard/Salvage yard 1 per employee, plus 1 per 5,000 sq. ft. of land area devoted to material storage, plus spaces for any ancillary office use
Manufacturing/Processing facility 1 per employee, plus spaces for any ancillary office, retail, etc. use on-site
Mini-storage, indoor 1 per 25 storage units, plus 3 for any office
Mini-storage, drive-up 3 for any office or 4 if a dwelling unit is also present (space in front of each storage unit may be utilized as parking for the units, provided that a drive aisle of ample width is retained)
Warehouse 1 per employee, plus spaces for any ancillary office, retail, etc. use on-site
Recreational Uses Parking Required
Club/lodge 0.3 per person of maximum occupancy
Golf course 2 per hole, plus spaces for any ancillary use
Gym or Health and fitness center/studio 0.2 per person of maximum occupancy, plus 1 per employee
Public pool 1 per 125 sq. ft. of water surface
Recreational courts and fields

Baseball or softball diamond

Basketball court

Soccer or football field

Tennis court

Volleyball court

14 spaces per diamond

6 spaces per court

14 spaces per field

2 spaces per court

6 spaces per court

Shooting range, indoor 1 per firing stall/lane, plus spaces for any retail use on-site
Shooting range, outdoor As determined by the zoning administrator
General Parking Required
Indoor assembly space not otherwise identified 0.25 per person of maximum occupancy, plus spaces for other incidental uses
Parks and general outdoor assembly space As determined by the zoning administrator, based on the nature of the use and relevant traffic and parking data available

(Ord of 10/27/15)

Sec. 70-674. – ADA-accessible parking.

(a) In order to provide for adequate off-street parking spaces for persons with disabilities, the special requirements given in this section shall be included in nonresidential developments to ensure compliance with the Americans With Disabilities Act (ADA).

(b) The number of spaces required under the provisions of section 70-673(f) shall include the following ADA-accessible off-street parking space requirements:

Total Number of Required

Off-Street Parking Spaces

Total Minimum Number of ADA-Accessible Spaces (Column A) Van-Accessible Parking spaces with min. 96” wide access aisle Car-Accessible Parking Spaces with min. 60” wide access aisle
1-25 1 1 0
26-50 2 1 1
51-75 3 1 2
76-100 4 1 3
101-150 5 1 4
151-200 6 1 5
201-300 7 1 6
301-400 8 1 7
401-500 9 2 7
501-1000 2 percent of total 1/8 of Column A* 7/8 of Column A**
1001 and over 20 plus 1 for each 100 over 1000

* 1 out of every 8 accessible spaces ** 7 out of every 8 accessible spaces

(c) All ADA-accessible spaces shall have access to a curb ramp or curb cut when necessary to allow access to the building served, shall be located so that users will not be compelled to wheel behind parked vehicles, shall be located so that the space will not be blocked by another vehicle, and shall be located the shortest possible distance between the parking area and the entrance to the principal building it serves.

(d) Each ADA-accessible parking space shall contain all appropriate clearances, markings and signage as required by the most currently adopted federal ADA Standards for Accessible Design at the time of site plan approval.

(Ord. of 8-11-1998, § 1106.04; Ord. 10-27-15)

Sec. 70-675. – Dimensional requirements.

(a) Orientation of spaces. Parking spaces may be oriented perpendicular, angled, parallel or curvilinear to the drive aisle.

(b) Minimum parking space and drive aisle dimensions. Parking spaces and drive aisles shall be designed in accordance with the following minimum dimensional requirements:

      1. Parking envelope dimensions.
Type Perpendicular and Angled Parking Parallel and Curvilinear Parking
Standard space 9’ x 18’ 8½’ x 21’
Small car space 8’ x 15’ 7½’ x 18’
Motorcycle 4’ x 8’ 4’ x 8’
ADA-accessible (car) 14’ x 18’ (including a 4’ striped access aisle)* As approved by the zoning administrator
ADA-accessible (van) 17’ x 18’ (including a 8’ striped access aisle)*

*Double spaces may share a single striped access aisle.

      1. Drive aisles.
Angle of Spaces One-Way Aisles Two-Way Aisles
90° 18’ 22’
75° 16’ 20’
60° 16’ 20’
45° 14’ 20’
30° 14’ 20’
14’ 20’
      1. Clustering of Spaces. For uninterrupted rows of parking spaces, the spaces shall be divided by landscape islands at least six (6) feet wide such that no more than ten (10) spaces are in an uninterrupted line.

(Ord. 10-27-15)

Sec. 70-676. – Shared parking.

(a) Required off-street parking spaces may be provided cooperatively for two (2) or more uses, and the amount of such combined space shall equal the sum of the amounts required for the separate uses. At the request of the applicant(s), the zoning administrator may approve a reduction in the number of required parking spaces for a shared parking arrangement subject to the following:

      1. A reciprocal deeded agreement, along with any necessary easement plats, is approved as part of the site plan approval process and recorded as a public document which assures the perpetual joint use of such shared parking.
      2. A parking study is submitted which supports the shared parking proposal.
      3. No parking spaces are reserved for individuals or groups on a 24-hour basis.
      4. Up to thirty (30) percent of the parking spaces may be shared between uses operating at similar times and days of the week.
      5. Up to fifty (50) percent of the parking spaces may be shared between uses that operate at different times of the day and/or different days of the week.
      6. If the conditions for shared parking become null and void and the shared parking arrangement is discontinued, this will constitute a violation of zoning regulations for any use approved expressly with shared parking. The applicant must then provide written notification of the change to the zoning administrator and, within sixty (60) days of that notice, provide a remedy satisfactory to the zoning administrator to provide adequate parking.

(Ord. 10-27-15)

Sec. 70-677. – Parking lot landscaping.

(a) Generally. Every parking lot for fifteen (15) or more vehicles shall be subject to the provisions of this section.

(b) Interior. The interior of the parking lot shall include at least one-hundred (100) square feet of landscaped area, and one shade tree, per ten (10) parking spaces (or portion thereof). Each landscaped area shall have a minimum width of six (6) feet. Landscaped strips required by subsection (d) shall not be calculated as required interior landscaping area.

(c) Road frontage. In addition to interior landscaping as required in subsection (b) of this section, there shall be a landscaped strip at least fifteen (15) feet wide separating the parking area from any adjoining road, except where driveways or other openings are required. At least one shade tree shall be planted for every fifty (50) feet of frontage (or portion thereof). Such trees may be planted anywhere within the landscaped strip.

(d) Adjoining property. Except where two adjoining parcels share common access to the highway, there shall be a landscaped strip at least ten (10) feet wide separating the parking area from any side or rear lot line. At least one (1) shade tree shall be planted for each fifty (50) lineal feet of landscaped strip (or portion thereof). Such trees may be planted anywhere within the landscaped strip. Where two adjoining parcels share common access to the highway, no landscaping shall be required between them.

(e) Shade trees. “Shade tree,” as used in this section, shall mean a deciduous tree, native to the area, at least 1¼-inch caliper (approximately eight (8) feet in height) at the time of planting, which normally reaches a height of thirty (30) feet or more and a crown spread of twenty (20) feet or more at maturity. If twenty (20) or more trees are required by this section, no more than one-fourth of the trees shall be of any one species.

(f) Landscaping plan. A landscaping plan shall be submitted in conjunction with site plan review. Such landscaping plans shall be drawn to scale and shall clearly show all existing and proposed parking spaces or other vehicular areas and the location, size and description of all landscaping materials.

(g) Maintenance. The owner of a parking area is responsible for maintenance of such parking lot and shall replace dead trees, shrubs and landscaping, and maintain fences, in a manner consistent with the initial requirements of the landscaping plan.

(Ord. of 5-2-1996, § 1107; Ord. of 8-11-1998, § 1107.02; Ord. 10-27-15)

Sec. 70-678. – Loading and unloading areas.

(a) In addition to the required off-street parking requirements, and on the same premises with any commercial or industrial use, but outside of the road right-of-way, there shall be provided and maintained adequate space for standing, loading and unloading.

(b) One off-street space shall be provided for each 20,000 square feet of floor area or fraction thereof for any commercial use, and for each 40,000 square feet for any industrial use. Such off-street loading space shall be a minimum of 10 feet in width, 14½ feet in clearance height, and a depth of 20 feet, or sufficient depth to accommodate the largest delivery trucks serving the establishment, whichever is greater. The zoning administrator may approve the co-location of a single loading area within a vehicular drive aisle provided the applicant provides sufficient written evidence that loading/unloading will not occur during peak parking demand and the co-location of such a loading area will not negatively impact the circulation of vehicles throughout the parking area.

(c) No loading/unloading space(s) shall be located in the front yard of any lot.

(d) The zoning administrator may modify or waive any of the standards contained within this section so long as the administrator finds that the public health, safety or welfare would be equally or better served by the modification or waiver and that the modification or waiver would not otherwise be contrary to the purpose and intent of this chapter. For any denial of a modification or waiver request, the applicant(s) may file an appeal pursuant to Sec. 70-68.

(Ord. of 5-2-1996, § 1108; Ord. 10-27-15)

Secs. 70-679–70-695. – Reserved.

 

DIVISION 6. – SIGNS

Sec. 70-696. – Hazardous signs prohibited.

For the purpose of this chapter, the following types of signs shall be deemed hazardous to motorists or pedestrians, and shall be prohibited:

(1) Signs that simulate official traffic signs;

(2) Signs with moving parts;

(3) Signs with flashing lights;

(4) Signs that cause dangerous reflections or glare;

(5) Signs that obstruct motorists’ vision;

(6) Signs displayed on utility poles;

(7) Signs that overhang a public road right-of-way; and

(8) Signs located within the public right-of-way of streets, highways or other public property.

(Ord. of 5-2-1996, § 1111.01; Ord. of 7-26-2011)

Sec. 70-697. – Portable, mobile signs or temporary signs.

(a) Portable or mobile signs shall only be permitted for seasonal or brief activities as provided in this section. They shall be no more than 32 square feet in area or eight feet in height. All other signs shall be permanently attached to the ground or a permanent structure and shall comply with the Virginia Uniform Statewide Building Code.

(b) Temporary signs may be displayed for no more than 60 days at a time, and no more than 120 days per year per site or per event.

(Ord. of 5-2-1996, § 1111.02; Ord. of 7-26-2011; Ord. 10-27-15)

Sec. 70-698. – Pylon and canopy signs.

(a) Pylon signs shall be treated as other signs for the purpose of the square footage calculation for area requirements for each lot.

(b) For canopy signs, only the area or display surface of the written wording shall be used for calculation of area requirements.

(Ord. of 5-2-1996, § 1111.03; Ord. of 7-26-2011)

Sec. 70-699. – Off-site advertising signs.

No more than one off-site advertising sign shall be permitted on each lot. Off-site advertising signs shall meet the size and height requirements of the zoning classification of the property on which the sign is being located. Digital signs shall not be permitted for off-site advertising.

(Ord. of 5-2-1996, § 1111.04; Ord. of 7-26-2011)

Sec. 70-700. – Setbacks on primary highways.

Permanent signs shall be set back 300 feet from the right-of-way of Constitution Highway (VA Route 20) south of the Town of Orange and north of US Route 33 in Barboursville, and 300 feet from the right-of-way of Blue Ridge Turnpike (VA Route 231) north of the Town of Gordonsville. On other primary highways, each permanent sign shall be set back from the right-of-way a distance equal to its height.

(Ord. of 8-11-1998, § 1111.05)

Sec. 70-701. – Digital signs.

(a) Digital signs shall not be located along any corridor designated as a Virginia Byway within the county.

(b) Pursuant to § 33.1-369, VA Code Ann., digital signs shall not be permitted to be located within 660 feet of any property owned by the US Department of the Interior or the National Park Service, the National Trust for Historic Preservation, any property listed on the National Register of Historic Places or the Virginia Landmarks Register.

(c) Only one monument or pylon digital sign shall be allowed per development. This limitation shall not apply to any sign utilized strictly for displaying gas station pump prices, where such signage otherwise complies with County sign regulations.

(d) Where a digital sign is to be a part of a pylon or monument sign, the maximum size of the display area shall not exceed 40 percent of the total area of the sign on which it is to be placed.

(e) For a stand-alone digital sign, the sign area shall not exceed 64 square feet.

(f) Images on a digital sign shall change as follows:

(1) No more frequently than once every four seconds.

(2) Image transition modes must be consistent for all frames and shall not simulate movement through means such as scrolling or rolling.

(3) Images shall not employ hold modes such as twinkle or bijou effects and shall not flash or scroll in any direction.

(g) Brightness levels shall be lowered for night-time display so that the image does not cause glare that may be distracting to passing motorists or pedestrians.

(Ord. of 7-26-2011; Ord. 03-11-2014)

Secs. 70-702—70-730. – Reserved.

CHAPTER 70 – ZONING

DIVISION 1. – GENERALLY

Sec. 70-276. – Zoning districts.

(a) For the purpose of this chapter, the unincorporated areas of Orange County, Virginia are hereby divided into the following zoning districts:

Agricultural (A).

Limited Residential (R-1).

General Residential (R-2).

Planned Residential (R-3).

Multifamily Residential (R-4).

Limited Commercial (C-1).

General Commercial (C-2).

Limited Industrial (I-1).

General Industrial (I-2).

Barboursville Village Overlay District

Planned Development – Business (PDB).

Planned Development – Mixed Use (PDM).

Planned Development – Traditional Design (R-5)

(b) The location and boundaries of these districts are shown on the zoning maps of the county, incorporated in this section by reference and on file in the county offices.

(Ord. of 5-2-1996, § 101)

Sec. 70-277. – Unauthorized uses prohibited.

Any use not expressly permitted or permitted by special use permit in a specific district is prohibited. – (Ord. of 5-2-1996, § 102)

Secs. 70-278—70-300. – Reserved.

 

DIVISION 2. – AGRICULTURAL ZONING DISTRICT

Sec. 70-301. – Intent.

The agricultural zoning district (A) comprises most of the land area of the county. It preserves the rural character of the county by protecting agriculture from conflicts with incompatible uses and discourages the random scattering of commercial and industrial uses and residential developments. In addition to agriculture, it permits the traditional rural pattern of homes and small businesses.

(Ord. of 5-2-1996, § 201)

Sec. 70-302. – Permitted uses.

In the agricultural district, land may be used for the following uses, and any accessory use that is customarily incidental to such uses, including home occupations and home enterprises :

1) Agriculture.

2) Agritourism.

3) Bed and breakfast inn.

4) Short-term lodging facility.

5) Single-family dwelling.

6) Two-family dwelling.

7) Manufactured home.

8) Place of worship.

9) Cemetery or graveyard.

10) Sign subject to sections 70-308 and 70-696 et seq.

11) Farm enterprise, farm stand, wayside stand.

12) Farmer’s market of up to 4,000 square feet gross floor area.

13) Temporary uses, with a zoning permit pursuant to sections 70-309 and 70-122, limited to the following:

a. Temporary or seasonal sales.

b. Special events.

14) Accessory Apartment.

15) Commercial Kitchen or Smokehouse.

(Ord. of 5-2-1996, § 202; Ord. of 7-12-2011(2); Ord.11-13-2013; Ord. 03-11-2014; Ord. of 04-14-2015; Ord. of 06-14-2016)

Sec. 70-303. – Uses permitted by special use permit.

In the agricultural district the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

1) Agricultural equipment sales or service, or both.

2) Airport.

3) Bed and breakfast inn with a restaurant open to non-guests.

4) Boarding kennel or commercial breeding kennel.

5) Camp, campground or recreational vehicle park.

6) Fairground

7) Elder care center, child day care center, or nursery school.

8) Livestock auction or farmer’s market of greater than 4,000 square feet gross floor area.

9) Manufactured home park.

10) Mine or quarry.

11) Office not exceeding 4,000 square feet gross floor area, including professional or contracting office.

12) Cultural use.

13) Commercial recreational use.

14) Institutional use.

15) Public garage.

16) Public use such as school, park, library, or fire and rescue station.

17) Retail store not exceeding 4,000 square feet gross floor area, including, a farm stand greater than 1,000 square feet gross floor area, flea market, or retail nursery.

18) Restaurant which is accessory to an agritourism use where said use has been in existence for at least five years.

19) Sanitary landfill.

20) Veterinary service, including animal hospital.

21) Outdoor power equipment, motorcycle, all-terrain vehicle, watercraft repair and storage.

22) Public utility facility.

23) Pyrotechnics testing/manufacturing on a parcel 50 acres or greater in size.

(Ord. of 8-11-1998, §§ 203, 203.18; Ord. of 5-8-2001; Ord. of 7-12-2011(2); Ord. 06-14-14 (20); Ord. of 04-14-2015; Ord. of 08-11-2015, Ord. of 07-12-16, Ord. 05/23/2017, Ord. of 03-13-2015)

Sec. 70-304. – Area regulations.

In the agricultural zoning district, the minimum lot area shall be two acres, except in cluster developments subject to article VI, or manufactured home parks subject to article VII.

(Ord. of 5-2-1996, § 204)

Sec. 70-305. – Frontage regulations.

In the agricultural zoning district, the minimum lot frontage shall be 200 feet, except in cluster developments subject to article VI, or manufactured home parks subject to article VII. Each lot shall meet the minimum requirement, either at the front lot line or at the required building setback.

(Ord. of 5-2-1996, § 205)

Sec. 70-306. – Setback and yards.

(a) In the agricultural zoning district, the regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet six inches in height.

(b) For setbacks from primary highways, see section 70-646 et seq.

(c) The setback from any secondary road or subdivision street with a right-of-way 50 feet or more in width shall be 35 feet from the right-of-way.

(d) The setback from any secondary road or subdivision street with a right-of-way less than 50 feet in width shall be 85 feet from the centerline of the road.

(e) The minimum side yard width for each main structure shall be 20 feet. A two-family dwelling, which shall be constructed in a side-by-side arrangement unless otherwise permitted via section 70-1, shall have no side yard requirement for the main structure at the property line which separates the units. The minimum side yard width for each accessory structure shall be ten feet.

(f) The minimum rear yard width for each main structure shall be 35 feet. The minimum rear yard width for each accessory structure shall be ten feet.

(g) For corner lots the side yard adjacent to the side street shall not be less than the minimum setback. For double-frontage lots the rear yard shall not be less than the minimum setback.

(h) The zoning administrator may authorize construction of an unenclosed porch no more than ten feet deep to be attached to a single-family dwelling, irrespective of setbacks or required yards, upon finding in writing that such porch will not be detrimental to adjoining property or the intent of this chapter. If the zoning administrator does not make such finding, the board of zoning appeals may grant a special exception for such porch.

(i) The setback for any new dwelling shall be a minimum of 50 feet from the shoreline of any body of water. Construction proposed to take place within any floodplain shall comply with those provisions as outlined in chapter 34

(Ord. of 5-2-1996, § 206; Ord. of 7-24-1998, § 206.08, Ord. of 06-12-2018)

Sec. 70-307. – Height regulations.

In the agricultural zoning district, structures other than public utility facilities and silos shall be 40 feet in height or less. The board of supervisors may grant a special exception to allow a structure taller than 40 feet.

(Ord. of 5-2-1996, § 207)

Sec. 70-308. – Signs.

(a) In the agricultural district, signs are permitted within the guidelines as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. See also section 70-696 et seq.

(b) One permanent sign for every 200 feet of road frontage shall be permitted. The total area of permanent signs shall be 32 square feet or less.

(c) Monument signs and pylon signs shall be eight feet or less in height. Building signs shall not project above the top or sides of the building.

(d) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists and pedestrians.

(Ord. of 5-2-1996, § 208; Ord. of 7-26-2011)

Sec. 70-309. – Temporary uses.

In the agricultural district, temporary uses may be permitted upon the issuance of a temporary zoning permit granted by the zoning administrator.

(1) Reserved.

(2) Temporary or seasonal sales.

a. Temporary sales of produce not otherwise permitted by right, meals, Christmas trees, fireworks, and other seasonal goods, are permitted upon approval of a temporary zoning permit. Such permit may impose conditions necessary to alleviate any adverse impacts such as provisions for adequate traffic control, on-site parking, public safety, fire safety, hours of operation, provision for sewage disposal, and other health and safety concerns.

b. A temporary zoning permit for temporary sales of farm or food products shall be valid for a period not to exceed 90 days, and shall require that all structures and materials be removed within such time period.

1. Structures for temporary sales shall meet the required setbacks set forth in section 70-306 (setbacks and yards).

2. Entrances and exits must be clearly delineated and located to provide safe ingress and egress from roads.

c. Outdoor on-site farm or food products sales shall be allowed daily.

d. Flea markets shall be allowed one, three-weekend event every 30 days. Permitted hours are from 7:00 a.m. to 9:00 p.m.

(3) Special events.

a. A temporary zoning permit shall be required for special events that are planned for or which reasonably may be expected to attract more than 100 persons a day. Examples of special events which require a temporary zoning permit are: Carnival, circus, equipment show and display, festival, fair, fireworks show, tent event or similar meetings or events. Each subsequent event shall require a new permit.

b. Adequate provisions must be made for off-street parking, security, safe ingress and egress, refuse disposal, sanitary facilities as appropriate and approved by the zoning administrator.

c. Special events are permitted only between the hours of 7:00 a.m. to 10:00 p.m., Sunday through Thursday; and 7:00 a.m. to 12:00 a.m., Friday and Saturday. The zoning administrator may require that no activity, including set-up or knockdown of any such use, be permitted between 11:00 p.m. to 7:00 a.m.

d. Night operations shall be permitted only if the zoning administrator determines that the proposed lighting protects the public safety and will not cause excessive glare into residential areas or onto public streets.

e. If a temporary use permit is obtained for an outside music/festival, an entertainment permit will not be required.

f. Prior to issuance of a zoning permit, fireworks shows must also obtain a fireworks display permit, which sets forth the days and hours of the show, from the county administrator’s office.

g. The following special events are exempt from the requirements of this section and may occur without a temporary zoning permit. Exempt special events, however, shall remain subject to all other applicable provisions of this section and the county laws and regulations, including obtaining any and all other permits necessary for said event.

1. Special events planned or reasonably expected to attract less than 100 persons at any one time.

2. Special events to include private parties and social events occurring within, or upon the grounds of, a private residence, where the property owner receives no compensation for hosting the event and guests/attendees are not charged an admission fee.

3. Any event sponsored in whole or in part by the county or another political subdivision of the Commonwealth of Virginia.

4. Any organized special events conducted at sites or facilities typically intended, used, and designed for such events. Examples of such exempt activities include: sporting events conducted on courses or fields, animal show events, equestrian events held at stables or riding facilities, events held on the property of historic home/site museums, wedding services, wine tasting and wine tasting dinners at wineries whose facilities are designed for such events, and conferences and similar events in facilities designed and which have a zoning permit for such use.

5. Any established event/festival that has been in existence five or more years prior to the passing of this ordinance amendment will not be required to obtain a temporary use permit, provided that the use does not change.

6. Yard sale events at a private residence or community yard sale, held by the occupant of the residence, that do not last more than three days at any given time.

(Ord. of 7-12-2011(2))

Secs. 70-310—70-330. – Reserved.

 

DIVISION 3. – LIMITED RESIDENTIAL ZONING DISTRICT

Sec. 70-331. – Intent.

The limited residential district comprises low-density residential areas. It protects such areas from the traffic, noise and other effects of commercial and industrial uses and medium- and high-density residential development, and avoids conflicts with agricultural uses. It also encourages use of community water and sewer systems.

(Ord. of 5-2-1996, § 301)

Sec. 70-332. – Permitted uses.

In the limited residential district, land may be used for the following uses, and any customarily incidental accessory use, including home occupations:

1) Single-family dwelling.

2) Two-family dwelling.

3) Short-term lodging facility.

4) Agriculture, except keeping of any animals other than those customarily kept as household pets.

5) Agritourism.

6) Place of worship.

7) Public use such as school, park, library, fire and rescue station.

8) Sign subject to sections 70-338 and 70-696 et seq.

9) Accessory apartment.

10) Farm stand, wayside stand.

(Ord. of 5-2-1996, § 302; Ord. of 11-13-2013; Ord. of 06-10-2014; Ord. of 04-14-2015; Ord. of 08-11-15)

Sec. 70-333. – Uses permitted by special use permit.

In the limited residential district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

1) Elder care center, child day care center, or nursery school.

2) Bed and breakfast inn.

3) Keeping of animals other than those customarily kept as household pets.

4) Office not exceeding 4,000 square feet gross floor area, including professional or contracting office.

5) Cultural use.

6) Institutional use.

7) Farmer’s market.

8) Public utility facility.

(Ord. of 5-2-1996, § 303; Ord. of 06-10-14; Ord. of 04/14/2015; Ord. of 08/11/15)

Sec. 70-334. – Area regulations.

(a) In the limited residential district, where a dwelling is served by neither a community water system nor a community sanitary sewer system, the minimum lot area shall be 40,000 square feet.

(b) Where a dwelling is served by either a community water system or a community sanitary sewer system, but not both, the minimum lot area shall be 30,000 square feet.

(c) Where a dwelling is served by both a community water system and a community sanitary sewer system, the minimum lot area shall be 20,000 square feet.

(Ord. of 5-2-1996, § 304)

Sec. 70-335. – Frontage regulations.

In the limited residential district, the minimum lot frontage shall be 100 feet. Each lot shall meet the minimum requirement either at the front lot line, or at the required building setback.

(Ord. of 5-2-1996, § 305)

Sec. 70-336. – Setback and yards.

(a) In the limited residential district, regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet six inches in height.

(b) For setbacks from primary highways, see section 70-646 et seq.

(c) The setback from any secondary road or subdivision street shall be 35 feet from the right-of-way.

(d) The minimum side yard width for each main structure shall be 20 feet. A two-family dwelling, which shall be constructed in a side-by-side arrangement unless otherwise permitted via section 70-1, shall have no side yard requirement for the main structure at the property line which separates the units. The minimum side yard width for each accessory structure shall be ten feet.

(e) The minimum rear yard width for each main structure shall be 35 feet. The minimum rear yard width for each accessory structure shall be ten feet.

(f) For corner lots, the minimum side yard width adjacent to the side street shall be 25 feet. For double-frontage lots, the minimum rear yard width shall be 35 feet.

(g) The zoning administrator may authorize construction of an unenclosed porch no more than ten feet deep to be attached to a single-family dwelling, irrespective of setbacks or required yards, upon finding in writing that such porch will not be detrimental to adjoining property or the intent of this chapter. If the zoning administrator does not make such finding, the board of zoning appeals may grant a special exception for such porch.

(h) The setback for any new dwelling shall be a minimum of 50 feet from the shoreline of any body of water. Construction proposed to take place within any floodplain shall comply with those provisions as outlined in chapter 34

(Ord. of 5-2-1996, § 306; Ord. of 8-11-1998, § 306.07, Ord. of 06-12-2018)

Sec. 70-337. – Height regulations.

In the limited residential district, structures other than public utility facilities shall be 40 feet or less in height. The board of zoning appeals may grant a special exception to allow a structure taller than 40 feet.

(Ord. of 5-2-1996, § 307)

Sec. 70-338. – Signs.

(a) In the limited residential district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. See also section 70-696 et seq.

(b) The total area of permanent signs on any lot shall be six square feet or less.

(c) Monument signs and pylon signs shall be eight feet or less in height. Building signs shall not project above the top or sides of the building.

(d) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists and pedestrians.

(Ord. of 5-2-1996, § 308; Ord. of 7-26-2011)

Secs. 70-339—70-360. – Reserved.

 

DIVISION 4. – GENERAL RESIDENTIAL ZONING DISTRICT (R-2)

Sec. 70-361. – Intent.

The general residential district comprises low- and medium-density residential areas. It protects such areas from the traffic, noise, and other effects of commercial and industrial uses and high-density residential development, and avoids conflicts with agricultural uses. It also encourages use of community water and sewer systems.

(Ord. of 5-2-1996, § 401)

Sec. 70-362. – Permitted uses.

In the general residential district, land may be used for the following uses, and any customarily incidental accessory use, including home occupations:

1) Single-family dwelling.

2) Two-family dwelling

3) Short-term lodging facility.

4) Place of worship.

5) Public use such as school, park, library, fire and rescue station.

6) Signs subject to sections 70-368 and 70-696 et seq.

7) Accessory Apartment

(Ord. of 5-2-1996, § 402; Ord. of 04/14/2015; 08/11/15)

Sec. 70-363. – Uses permitted by special use permit.

In the general residential district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

1) Elder care center, day care center, or nursery school.

2) Keeping of animals other than those customarily kept as household pets.

3) Office not exceeding 4,000 square feet gross floor area, including professional or contracting office.

4) Cultural use.

5) Institutional use.

6) Bed and breakfast inn.

7) Public utility facility.

(Ord. of 5-2-1996, § 404; Ord. of 04/14/2015; 08/11/15)

Sec. 70-364. – Area regulations.

(a) In the general residential district, where a dwelling is served by neither a community water system nor a community sanitary sewer system, the minimum lot area shall be 40,000 square feet.

(b) Where a dwelling is served by either a community water system or a community sanitary sewer system, but not both, the minimum lot area shall be 30,000 square feet.

(c) Where a dwelling is served by both a community water system and a community sanitary sewer system, the minimum lot area shall be 10,000 square feet.

(Ord. of 5-2-1996, § 404)

Sec. 70-365. – Frontage regulations.

In the general residential district, the minimum lot frontage shall be 70 feet. Frontage shall be measured from one side lot line to the other, parallel to a segment connecting the endpoints of the front lot line. Each lot shall meet the minimum requirement either at the front lot line, or at the required building setback.

(Ord. of 5-2-1996, § 405)

Sec. 70-366. – Setback and yards.

In the general residential district, the following regulations shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet six inches in height:

(1) For setbacks from primary highways, see section 70-646 et seq.

(2) The setback from any secondary road or subdivision street shall be 35 feet from the right-of-way.

(3) The minimum side yard for each structure shall be ten feet. A two-family dwelling, which shall be constructed in a side-by-side arrangement unless otherwise permitted via section 70-1, shall have no side yard requirement for the main structure at the property line which separates the units.

(4) The minimum rear yard for each main structure shall be 25 feet. The minimum rear yard for each accessory structure shall be ten feet.

(5) For corner lots, the minimum side yard width adjacent to the side street shall be 25 feet. For double-frontage lots, the minimum rear yard width shall be 35 feet.

(6) The zoning administrator may authorize construction of an unenclosed porch no more than ten feet deep to be attached to a single-family dwelling, irrespective of setbacks or required yards, upon finding in writing that such porch will not be detrimental to adjoining property or the intent of this chapter. If the zoning administrator does not make such finding, the board of zoning appeals may grant a special exception for such porch.

(7) The setback for any new dwelling shall be a minimum of 50 feet from the shoreline of any body of water. Construction proposed to take place within any floodplain shall comply with those provisions as outlined in chapter 34

(Ord. of 5-2-1996, § 406; Ord. of 8-11-1998, § 406.07)

Sec. 70-367. – Height regulations.

In the general residential district, structures other than public utility facilities shall be 40 feet in height or less. The board of zoning appeals may grant a special exception to allow a structure taller than 40 feet.

(Ord. of 5-2-1996, § 407)

Sec. 70-368. – Signs.

(a) In the general residential district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. See also section 70-696 et seq.

(b) The total area of permanent signs on any lot shall be six square feet or less.

(c) Monument signs and pylon signs shall be eight feet or less in height. Building signs shall not project above the top or sides of the building.

(d) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists and pedestrians.

(e) Signs with a digital display area of up to sixteen (16) square feet per side or less are allowed when used by a civic organization to replace an existing sign that is lit by conventional methods, provided the sign display is static with no changes more frequent than every 60 seconds, and that the replacement signs has no greater footprint. and contains no more square footage, than the sign that is being replaced.

(Ord. of 5-2-1996, § 408; Ord. of 7-26-2011; Ord. of 02-10-2015)

Secs. 70-369—70-390. – Reserved.

 

DIVISION 5. – PLANNED RESIDENTIAL ZONING DISTRICT (R-3)

Sec. 70-391. – Intent.

The planned residential district is intended for planned residential developments where a portion of the land area is permanently devoted to private recreational or conservation uses, such as lakes, parks, golf courses, or open space. Because of the permanent allocation of such areas, lot size and setback regulations may be less than in other residential districts. It also subjects the development of planned communities to more careful control than is the case for other residential developments.

(Ord. of 5-2-1996, § 501)

Sec. 70-392A. – Permitted uses.

In the planned residential district land may be used for the following uses and any customarily incidental accessory use, including home occupations:

1) Single-family dwelling.

2) Two-family dwelling.

3) Multifamily dwelling.

4) Short-term lodging facility.

5) Community services such as office, day care center, elder care center, or security facility.

6) Place of worship.

7) Public use such as school, park, library, fire/rescue station.

8) Signs subject to sections 70-400 and 70-696 et seq.

9) Accessory Apartment

(Ord. of 5-2-1996, § 502; Ord. of 04/14/2015; 08/11/15)

Sec. 70-392B. – Uses permitted by special use permit.

In the planned residential district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

1) Cultural use.

2) Institutional use.

3) Public utility facility.

(Ord. of 04/14/2015; 08/11/2015)

Sec. 70-393. – Community water and sewer systems.

In the planned residential district, community water and sewer systems, approved by the health department, shall be provided for all lots less than two acres in area. Individual wells and sewage disposal systems, approved by the health department, may be used on any lot of two acres or more.

(Ord. of 5-2-1996, § 503)

Sec. 70-394. – Streets and roads.

In the planned residential district, streets and roads shall be designed and constructed in accordance with the state department of transportation subdivision street standards. Streets and roads shall be maintained either by the state department of transportation or by a property owners’ association established pursuant to Code of Virginia, § 55-508 et seq.

(Ord. of 5-2-1996, § 504)

Sec. 70-395. – Site standards.

In the planned residential district, the minimum site area for a planned residential community pursuant to this division shall be 30 acres. At least one-third of the total area shall be owned by the property owners’ association and reserved for recreation and open space.

(Ord. of 5-2-1996, § 505)

Sec. 70-396. – Height regulations.

In the planned residential district, structures other than public utility facilities shall be 40 feet or less in height. The board of zoning appeals may grant a special exception to allow a structure taller than 40 feet.

(Ord. of 5-2-1996, § 506)

Sec. 70-397. – Plan of development may be proffered as condition of rezoning.

At the time of application for rezoning, the applicant may submit a complete plan of development, showing:

(1) The areas to be subdivided for dwelling units;

(2) The areas to be used for recreation and community facilities;

(3) Preliminary plans for community water and sanitary sewer systems;

(4) Preliminary plans of roads;

(5) Draft articles of incorporation of the property owners’ association;

(6) Draft conditions, covenants and restrictions for property owners; and

(7) Other information necessary for the county to determine whether the application serves the public health, safety and general welfare.

All information submitted by the applicant pursuant to this section shall be proffered as conditions for rezoning, pursuant to Code of Virginia, § 15.2-2297. Approval of the application for rezoning shall constitute acceptance of such proffered conditions, and the rezoning shall be conditioned upon the fulfillment of such proffers.

(Ord. of 5-2-1996, § 507)

Sec. 70-398. – Area and frontage regulations.

An application for rezoning shall set forth the minimum area and frontage of lots. After approval by the board of supervisors, such requirements shall become part of the zoning regulations for the property. For any property zoned R-3 as of January 1, 1990, the minimum lot area shall be 10,000 square feet, and the minimum frontage shall be 60 feet.

(Ord. of 5-2-1996, § 508)

Sec. 70-399. – Setback and yards.

(a) In the planned residential district, the setback from primary highways shall be determined by section 70-646. The application for rezoning shall set forth requirements for setbacks from subdivision streets, and side and rear yards. After approval by the board of supervisors, the property owners’ association shall be responsible for administering the regulations for setbacks and yards. For any property zoned R-3 as of January 1, 1990, the setback shall be 35 feet from the right-of-way of the front street, the setback shall be 25 feet from the right-of-way of the side street for corner lots, the minimum side yard shall be eight feet, and the minimum rear yard shall be 25 feet.

(b) The setback for any new dwelling shall be a minimum of 50 feet from the shoreline of any body of water. For any property zoned R-3 as of January 1, 1990, the setback shall be 25 feet from the shoreline of any body of water. Construction proposed to take place within any floodplain shall comply with those provisions as outlined in chapter 34

(Ord. of 5-2-1996, § 509; Ord. of 8-11-1998, § 509.01; Ord. of 5-8-2001)

Sec. 70-400. – Signs.

(a) In the planned residential district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. See also section 70-696 et seq.

(b) Multifamily dwellings shall be permitted one square foot of sign area for every two linear feet of building frontage. The total area in signs shall be distributed among building, pylon and monument signs such that pylon signs make up no more than half the total.

(c) Other uses and unimproved lots shall be limited to six square feet of permanent signs.

(d) Monument signs and pylon signs shall be eight feet or less in height. Building signs shall not project above the top or sides of the building.

(e) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists and pedestrians.

(Ord. of 5-2-1996, § 510; Ord. of 7-26-2011)

Secs. 70-401—70-420. – Reserved.

 

DIVISION 6. – MULTIFAMILY RESIDENTIAL ZONING DISTRICT (R-4)

Sec. 70-421. – Intent.

The multifamily residential district is composed of multifamily dwellings such as garden apartments, townhouses, housing for the elderly or disabled, and other uses of a similar intensity. It protects such areas from the traffic, noise, and other effects of commercial and industrial uses, and avoids conflicts with agricultural uses. The uses in this district require community water and sewer systems.

(Ord. of 5-2-1996, § 601)

Sec. 70-422. – Permitted uses.

In the multifamily residential district, land may be used for the following uses, and any customarily incidental accessory use, including home occupations:

(1) Single-family dwellings.

(2) Two-family dwellings.

(3) Multifamily dwellings.

(4) Elder care center, child day care center, or nursery school.

(5) Place of worship.

(6) Public uses such as school, park, library or fire/rescue station.

(7) Recreational, administrative and service facilities that are an integral part of a housing complex.

(8) Signs subject to sections 70-431 and 70-696 et seq.

(9) Accessory Apartment

(Ord. of 5-2-1996, § 602; Ord. 08/11/15)

Sec. 70-423. – Uses permitted by special use permit.

In the multifamily residential district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

(1) Housing for the elderly or disabled at a density of up to 25 dwelling units per acre, provided that commercial, recreational and religious uses are within one-fourth mile.

(2) Two or more new manufactured units that meet the HUD Manufactured Home Construction and Safety Standards or the CABO One and Two Family Dwelling Code, with site-built amenities such as a garage, porch or facade, incorporated into a single residential structure containing at least 1,400 square feet of living space, skirted on all sides with brick, with a roof pitch of at least 5:12.

(3) Nursing home.

(4) Professional office.

(5) Retail store not exceeding 4,000 square feet gross floor area.

(6) Public utility facility.

(Ord. of 5-2-1996, § 603; Ord. 08/11/15)

Sec. 70-424. – Community water and sewer systems.

In the multifamily residential district, community water and sewer systems, approved by the health department, shall be provided for all lots, buildings and structures.

(Ord. of 5-2-1996, § 604)

Sec. 70-425. – Area and density.

(a) In the multifamily residential district, the minimum area for a multifamily project shall be five acres.

(b) The maximum density shall be eight units per gross acre, except for housing for the elderly or disabled pursuant to section 70-423(1).

(Ord. of 5-2-1996, § 605)

Sec. 70-426. – Frontage regulations.

(a) In the multifamily residential district, each lot shall meet the minimum requirement either at the front lot line, or at the required building setback.

(b) For any use other than attached single-family dwellings, the minimum frontage shall be 70 feet.

(c) For attached single-family dwellings, the minimum frontage shall be 18 feet.

(Ord. of 5-2-1996, § 606)

Sec. 70-427. – Setback and yards.

(a) In the multifamily residential district, the regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet, six inches in height.

(b) For setbacks from primary highways, see section 70-646 et seq.

(c) The setback from any existing or proposed secondary road shall be 35 feet from the right-of-way. The setback from any street internal to the development shall be

20 feet from the right-of-way.

(d) The setback for any apartment building from a its parking lot shall be 20 feet.

(e) The minimum rear yard for attached or unattached single-family dwellings or accessory structures shall be 25 feet.

(f) The minimum side or rear yard for apartment buildings and commercial buildings shall be 50 feet.

(g) The space between buildings in an apartment complex shall not be less than 1.5 times the height of the taller of the buildings if windows exist in one or both facing walls. If facing walls have no windows, the distance between buildings shall not be less than the height of the taller of the buildings.

(h) The setback for any new dwelling shall be a minimum of 50 feet from the shoreline of any body of water. Construction proposed to take place within any floodplain shall comply with those provisions as outlined in chapter 34

(Ord. of 5-2-1996, § 607; Ord. of 8-11-1998, § 607.07; Ord. of 01-10-2017)

Sec. 70-428. – Height regulation.

In the multifamily residential district, structures other than public utility facilities shall be 50 feet or less in height. The board of zoning appeals may grant a special exception to allow a structure taller than 50 feet.

(Ord. of 5-2-1996, § 608)

Sec. 70-429. – Requirements for common areas.

In the multifamily residential district, at least one-third of the gross land area of a multifamily project shall be set aside for recreation and open space. Such common areas shall be located on the same tract of land as the multifamily dwellings and shall be available for entry and use by the occupants. The owner shall designate an agent, satisfactory to the board of supervisors, to maintain such common areas without expense to the county. Such areas shall be used exclusively for recreation and shall not include parking lots, streets or other impervious surfaces. Each project shall provide at least two playgrounds, and no playground shall be less than 10,000 square feet in area. At least one shall be improved with equipment appropriate to preschool and elementary schoolchildren, and at least one shall be improved with equipment appropriate for secondary schoolchildren.

(Ord. of 5-2-1996, § 609)

Sec. 70-430. – Limitation on number of units.

In the multifamily residential district, no more than eight townhouses or other attached single-family dwelling units shall be included in one structure. The maximum length of any structure in this district shall not exceed 200 feet, except for nursing homes or housing for the elderly or disabled.

(Ord. of 5-2-1996, § 610)

Sec. 70-431. – Signs.

(a) In the multifamily residential district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines. See also section 70-696 et seq.

(b) The total area of permanent signs on any lot occupied by multifamily dwellings shall be one square foot of sign area for every two linear feet of building frontage. The total area shall be distributed among building, pylon and monument signs such that pylon signs make up no more than one-half of the total.

(c) The total area of permanent signs on any lot not occupied by multifamily dwellings shall be limited to ten square feet.

(d) Pylon signs shall be eight feet or less in height. Building signs shall not project above the top or sides of the building.

(Ord. of 5-2-1996, § 611; Ord. of 7-26-2011)

Secs. 70-432—70-450. – Reserved.

 

DIVISION 7. – LIMITED COMMERCIAL ZONING DISTRICT (C-1)

Sec. 70-451. – Intent.

The limited commercial district provides for small businesses that will serve nearby residential districts. The character of development should be compatible with residential surroundings. Traffic and parking congestion should be held to a minimum to protect the public safety while preserving neighborhood character and property values in the surrounding residential districts. This district may serve as a buffer between more intensive commercial development and residential or agricultural uses.

(Ord. of 5-2-1996, § 701)

Sec. 70-452. – Permitted uses.

In the limited commercial district, land may be used for the following uses and any customarily incidental accessory use, provided that no merchandise, materials, tractor-trailers, or equipment are stored outdoors:

1) Office not exceeding 4,000 square feet of gross floor area.

2) Place of worship.

3) Public use such as school, park, library, or fire/rescue station.

4) Retail store not exceeding 4,000 square feet of gross floor area.

5) Signs in accordance with sections 70-456 and 70-696 et seq.

6) Up to four dwelling units attached to an office or a retail store.

7) Temporary uses, with a zoning permit pursuant to section 70-940, limited to the following:

a. Temporary or seasonal sales.

b. Special events.

8) Outdoor power equipment, motorcycle, all-terrain vehicle, watercraft repair and storage.

9) Cultural use.

10) Commercial indoor recreational use.

11) Institutional use.

12) Microbrewery / Microdistillery, provided that outdoor live music/entertainment is

not permitted.

(Ord. of 5-2-1996, § 702; Ord. of 3-9-2010; Ord. of 06-10-14(8); Ord. of 04/14/2015; 08/11/15, Ord. 03-13-2018)

Sec. 70-453. – Uses permitted by special use permit.

In the limited commercial district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

1) Any commercial use compatible with residential surroundings that is not permitted in any other district.

2) Bed and breakfast inn with/without a restaurant open to non-guests.

3) Commercial outdoor recreational use.

4) Public utility facility

(Ord. of 5-2-1996, § 703; Ord. of 04/14/2015; 08/11/15)

Sec. 70-454. – Setback and yards.

(a) In the limited commercial district, the regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet, six inches in height.

(b) For setbacks from primary highways, see section 70-646 et seq.

(c) The setback from any secondary road or subdivision street shall be 35 feet from the right-of-way.

(d) The minimum side yard width shall be 20 feet.

(e) The minimum rear yard width shall be 35 feet.

(f) For corner lots, the minimum yard width adjacent to the side street shall be 35 feet. For double-frontage lots, the minimum rear yard width shall be 35 feet.

(g) No more than two-thirds of any lot shall be covered with impervious surfaces such as buildings and parking lots.

(Ord. of 5-2-1996, § 704)

Sec. 70-455. – Height regulations.

In the limited commercial district, structures other than public utility facilities shall be 40 feet or less in height. The board of zoning appeals may grant a special exception to allow a structure taller than 40 feet.

(Ord. of 5-2-1996, § 705)

Sec. 70-456. – Signs.

(a) In the limited commercial district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines.

(b) The total area of permanent signs on any improved lot shall not exceed two square feet of sign for each linear foot of building frontage. The total shall be distributed among building, pylon and monument signs such that pylon signs make up no more than half the total.

(c) The total area of permanent signs on any unimproved lot shall not exceed 32 square feet.

(d) The height of on-site pylon signs shall not exceed 18 feet. Building signs shall not project above the top of the building more than one-third of the total height of the building.

(e) The total area of off-site advertising signs on any lot shall not exceed 32 square feet. The height of off-site advertising signs shall not exceed eight feet.

(f) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists or pedestrians.

(g) Digital signs are permitted as set forth in section 70-701

(Ord. of 5-2-1996, § 706; Ord. of 7-26-2011)

Secs. 70-457—70-480. – Reserved.

 

DIVISION 8. – GENERAL COMMERCIAL ZONING DISTRICT (C-2)

Sec. 70-481. – Intent.

The general commercial district provides for commercial uses to which the public requires direct and frequent access. General commercial uses will normally be located on primary highways near population centers. Agricultural uses and residential developments are not permitted because they tend to conflict with commercial uses over traffic, noise, hours of operation, and other nuisance issues. Industrial uses, which tend to create less serious conflicts, are permitted by special use permit.

(Ord. of 5-2-1996, § 801)

Sec. 70-482. – Permitted uses.

In the general commercial district, land may be used for the following uses and any accessory use:

1) Automobile sales, service, storage or rental.

2) Commercial assembly plant, such as a printing or framing shop.

3) Office / Office building.

4) Place of worship.

5) Cultural use.

6) Commercial indoor or non-vehicular outdoor recreational use.

7) Institutional use.

8) Public use such as school, park, library, or fire/rescue station.

9) Restaurant.

10) Retail store.

11) Signs in accordance with sections 70-486 and 70-696 et seq.

12) Up to four dwelling units attached to any permitted commercial use.

13) Temporary uses, with a zoning permit pursuant to section 70-940, limited to the following:

a. Temporary or seasonal sales.

b. Special events.

14) Vocational training facility.

15) Outdoor power equipment, motorcycle, all-terrain vehicle, watercraft repair and

storage.

16) Microbrewery / Microdistillery.

(Ord. of 5-2-1996, § 802; Ord. of 3-9-2010; Ord. of 11-13-2013; Ord. of 06-10-14 (13); Ord. of 04/14/2015; 08/11/15, Ord. 03-13-2018)

Sec. 70-483. – Uses permitted by special use permit.

In the general commercial district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

1) Carnival, circus, noncommercial fairground or similar temporary activity.

2) Bed and breakfast inn with/without a restaurant open to non-guests.

3) Limited manufacturing and processing.

4) Manufactured home sales and service.

5) Theater, video game parlor, or other recreational use.

6) Wholesale distribution or warehouse.

7) Adult-oriented business.

8) Commercial outdoor vehicular recreational use.

9) Public utility facility

10) Self-storage facility

11) Any commercial use which is not expressly permitted in this district.

(Ord. of 5-2-1996, § 803; Ord. of 04/14/2015; 08/11/15; 01/10/17)

Sec. 70-484. – Setback and yards.

(a) In the general commercial district, the regulations of this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet, six inches in height.

(b) For setbacks from primary highways, see section 70-646 et seq.

(c) The setback from any secondary road or subdivision street shall be 35 feet from the right-of-way.

(d) The minimum side or rear yard width adjacent to a residential or agricultural district shall be 50 feet. The side or rear yard shall be suitably fenced and/or landscaped to screen the agricultural or residential use from any adverse impact. The suitability of the fencing or landscaping shall be reviewed and approved as part of the site plan review before a zoning permit is issued. (See section 70-117 et seq.)

(e) The minimum side yard width adjacent to a commercial or industrial district shall be ten feet. The minimum rear yard width adjacent to a commercial or industrial district shall be 20 feet.

(f) For corner lots, the minimum side yard width adjacent to the side street shall be 35 feet. For double-frontage lots, the minimum rear yard width shall be 35 feet.

(Ord. of 5-2-1996, § 804; Ord. of 8-11-1998, § 804.04)

Sec. 70-485. – Height regulations.

In the general commercial district, structures shall be 100 feet or less in height. The board of supervisors may grant a special exception to allow a structure taller than 100 feet. See section 70-67(a).

(Ord. of 5-2-1996, § 805)

Sec. 70-486. – Signs.

(a) In the general commercial district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines.

(b) The total area of permanent signs on any improved lot shall not exceed two square foot of sign for each linear foot of building frontage. The total shall be distributed among building, pylon and monument signs such that pylon signs make up no more than half the total.

(c) The total area of permanent signs on any unimproved lot shall not exceed 32 square feet.

(d) The height of on-site pylon signs shall not exceed 18 feet. Building signs shall not project above the top of the building more than one-third of the total height of the building.

(e) The total area of off-site signs on any lot shall not exceed 32 square feet. The height of off-site signs shall not exceed eight feet.

(f) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists or pedestrians.

(g) Digital signs are permitted as set forth in section 70-701

(Ord. of 5-2-1996, § 806; Ord. of 7-26-2011)

Secs. 70-487—70-510. – Reserved.

 

DIVISION 9. – LIMITED INDUSTRIAL ZONING DISTRICT (I-1)

Sec. 70-511. – Intent.

The limited industrial district establishes an area for industrial uses which may create some nuisance, and which are not compatible with residential or neighborhood commercial service uses. It encourages research and development and other office industrial uses by separating them from both heavy industry and residential and neighborhood commercial uses.

(Ord. of 5-2-1996, § 901)

Sec. 70-512. – Permitted uses.

In the limited industrial district, land may be used for the following uses and any customarily incidental accessory use, provided that no merchandise, materials, or equipment are stored outdoors:

(1) Automobile and equipment sales, service, storage or rental.

(2) Laboratory.

(3) Limited manufacturing and processing.

(4) Office / Office Building.

(5) Public utility, fire or rescue station, or maintenance facility.

(6) Signs in accordance with sections 70-516 and 70-696 et seq.

(7) Wholesale distribution or warehouse.

(8) Vocational Training Facility

(9) Outdoor Power Equipment Motorcycle. All-Terrain Vehicle. Watercraft Repair and Storage

(Ord. of 5-2-1996, § 902; Ord. of 11-13-2013; Ord. of 06-10-14 (9))

Sec. 70-513. – Uses permitted by special use permit.

In the limited industrial district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

(1) Any commercial use.

(2) Any industrial use which is conducted outdoors.

(Ord. of 5-2-1996, § 903)

Sec. 70-514. – Setback and yards.

(a) In the limited industrial district, the regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet, six inches in height.

(b) For setbacks from primary highways, see section 70-646 et seq.

(c) The setback from any secondary road or subdivision street shall be 50 feet from the right-of-way.

(d) The minimum side or rear yard width adjacent to an agricultural or residential district shall be 100 feet. The side or rear yard shall be suitably fenced or landscaped, or both, to protect the adjacent property from any adverse impact. The suitability of the fencing or landscaping shall be reviewed and approved as part of the site plan review before a zoning permit is issued. See section 70-116 et seq.

(e) The minimum rear yard width adjacent to a commercial or industrial district shall be 50 feet.

(f) For corner lots, the minimum side yard width adjacent to the side street shall be 50 feet. For double-frontage lots, the minimum rear yard width shall be 50 feet.

(Ord. of 5-2-1996, § 904)

Sec. 70-515. – Height regulations.

In the limited industrial district, structures shall be 100 feet or less in height. The board of supervisors may grant a special exception to allow a structure taller than 100 feet. See section 70-67(a).

(Ord. of 5-2-1996, § 905)

Sec. 70-516. – Signs.

(a) In the limited industrial district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines.

(b) The total area of permanent signs on any improved lot shall not exceed one square foot of sign for each linear foot of building frontage. The total area of signs shall be distributed among building, pylon and monument signs such that pylon signs make up no more than half the total.

(c) The total area of permanent signs on any unimproved lot shall not exceed 32 square feet.

(d) The height of on-site pylon signs shall not exceed 18 feet. Building signs shall not project above the top of the building more than one-third of the total height of the building. The height of off-site signs shall not exceed eight feet.

(e) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists or pedestrians.

(f) Digital signs are permitted as set forth in section 70-701

(Ord. of 5-2-1996, § 906; Ord. of 7-26-2011)

Secs. 70-517—70-540. – Reserved.

 

DIVISION 10. – GENERAL INDUSTRIAL ZONING DISTRICT (I-2)

Sec. 70-541. – Intent.

The intent of the general industrial district is to provide areas for manufacturing, processing and assembling of parts and products, distribution of products at wholesale, and a broad variety of specialized industrial operations, and areas which may be conducive to and appropriate for such activities. Because of their potential to generate nuisances, an emphasis is placed on adequate buffering and development standards to provide reasonable protections for neighboring properties. Industrial uses should be discouraged in situations where such uses would incur unmitigated audible or other impacts on neighboring properties, particularly those with considerable residential density.

Typically, general industrial districts should only be located in areas designated for such activities by the comprehensive plan. These districts are generally intended to be located in areas served by public water and sewer, in close proximity to rail lines and/or airports, and where there is quick and convenient access to primary roads.

(Ord. of 03-08-2016)

Sec. 70-542. – Permitted uses.

In the general industrial district, land may be used for the following uses and any customarily incidental accessory use:

(1) Accessory retail or office use, not exceeding twenty percent (20%) of the gross floor area of the principal use.

(2) Brewery.

(3) Building materials sales establishment.

(4) Contractor’s shop.

(5) Data center.

(6) Distillery.

(7) Feed, grain, and fertilizer sales.

(8) Greenhouse, commercial.

(9) Laboratory.

(10) Lumberyard or sawmill.

(11) Machine shop.

(12) Machinery and heavy equipment sales, rental, and service.

(13) Manufacturing, processing, assembly, and/or packaging of goods within the following categories:

(a) Apparel and other fabricated textile products (SIC Major Group 23*);

(b) Converted paper and paperboard products (SIC Industry Group 267*);

(c) Electronics and electrical components;

(d) Fabricated metal products and machinery, not to include the usage of on-site foundries and/or smelting;

(e) Food products (SIC Major Group 20*), not to include any on-site slaughtering;

(f) Furniture and fixtures (SIC Major Group 25*);

(g) Leather products (SIC Major Group 31*);

(h) Measuring, analyzing, and controlling instruments (SIC Major Group 38*);

(i) Motor vehicles, motorcycles, travel trailers/campers, and related transportation parts and equipment;

(j) Paperboard containers and boxes (SIC Industry Group 265*);

(k) Pharmaceuticals, cosmetics, and toiletries;

(l) Pottery, stone, and glass products;

(m) Rubber and plastic products (SIC Major Group 30*);

(n) Soaps, detergents, and specialty cleaners (SIC categories 2841 and 2842*);

(o) Textile mill products (SIC Major Group 22*); and

(p) Wood products, including prefabricated structures.

(14) Outdoor power equipment, motorcycle, all-terrain vehicle, and watercraft repair and storage.

(15) Printing and publishing facility.

(16) Publicly-owned recreational uses and facilities.

(17) Self-storage facility.

(18) Signs in accordance with sections 70-547 and 70-696 et seq.

(19) Temporary uses, with an approved zoning permit.

(20) Vehicular repair, storage, and service.

(21) Vocational training facility.

(22) Wholesale or distribution center.

* Includes the stated uses as well as the types of manufacturing categorized under the referenced Standard Industrial Classification (SIC) groupings.

(Ord. of 03-08-2016)

Sec. 70-543. – Uses permitted by special use permit.

In the general industrial district, the following uses may be permitted upon issuance of a special use permit by the board of supervisors:

(1) Accessory retail or office use exceeding twenty percent (20%) but not greater than fifty percent (50%) of the gross floor area of the principal use.

(2) Airport.

(3) Brewery or Distillery with on-site food preparation.

(4) Bulk fuel storage and distribution as a principal use.

(5) Commercial recreational use.

(6) Flea market.

(7) Junkyard or salvage operation.

(8) Landfill.

(9) Manufacturing, processing, assembly, and/or packaging of goods within the following categories:

(a) Any use involving the usage of an on-site foundry and/or smelting processes;

(b) Carbon fiber and fiberglass products;

(c) Concrete, gypsum, and plaster products (SIC Industry Group 327*);

(d) Explosives (SIC category 2892*);

(e) Fertilizer, herbicide, pesticide, and other agricultural chemicals (SIC Industry Group 287*);

(f) Organic and inorganic chemicals (SIC Industry Groups 286 and 281*);

(g) Paints, varnishes, lacquers, adhesives, sealants and other similar fluids/compounds;

(h) Refined petroleum products (SIC Major Group 29*); and

(i) Structural clay products (SIC Industry Group 325*);

(10) Materials recovery facility.

(11) Mining, including stone-crushing and immediate on-site processing of mined materials.

(12) Office/Office building as a principal use.

(13) Place of worship.

(14) Public utility facility.

(15) Rendering plant, tannery, or other similar use of an odorous nature involving the production or processing of animal products.

(16) Telecommunications tower.

(17) Vehicular sales and rental.

* Includes the stated uses as well as the types of manufacturing categorized under the referenced Standard Industrial Classification (SIC) groupings.

(Ord. of 03-08-2016)

Sec. 70-544. – Setback and yards.

(a) In the general industrial district, the regulations in this section shall apply to all buildings, all structures that require building permits, and all temporary or portable buildings greater than 150 square feet in floor area or greater than eight feet, six inches in height.

(b) For setbacks from primary highways, see section 70-646 et seq.

(c) The setback from any secondary road or subdivision street shall be 35 feet from the right-of-way.

(d) The minimum side or rear yard width adjacent to a residential or agricultural district shall be 100 feet, or 50 feet for lots within the Thomas E. Lee Industrial Park. The side or rear yard shall be suitably fenced or landscaped, or both, to protect the adjacent use from any adverse impact. Fencing shall be at least eight feet in height as measured from grade and shall consist of a solid material such that the industrial use is effectively screened from view. Landscaping shall at least consist of two rows of evergreen trees, at least eight feet in height and located 20 feet apart and staggered. The suitability of the fencing or landscaping shall be reviewed and approved as part of the site plan review before a zoning permit is issued. See section 70-116 et seq. The property owner shall be responsible for maintaining landscaping and fencing, including the replacement of dead trees and shrubs and the repair of any damaged or broken fencing, in a manner consistent with the provisions of this section.

(e) The minimum side or rear yard width adjacent to a commercial or industrial district shall be 50 feet.

(f) For corner lots, the minimum side yard width adjacent to the side street shall be 50 feet. For double-frontage lots, the minimum rear yard width shall be 50 feet.

(g) Setback and yard requirements for lots in the Thomas E. Lee Industrial Park:

(1) Front yard. Thirty-five (35) feet from any secondary road or fifty (50) feet when the opposing frontage is within an agricultural or residential district. For setbacks from primary road rights-of-way, see section 70-646 et seq.

(2) Side yard. Ten (10) feet when adjacent to an industrial or commercial district; fifty (50) feet when adjacent to an agricultural or residential district; zero (0) feet when adjacent to a railroad right-of-way.

(3) Rear yard. Ten (10) feet when adjacent to an industrial or commercial district; fifty (50) feet when adjacent to an agricultural or residential district; thirty-five (35) feet for double-frontage lots; zero (0) feet when adjacent to a railroad right-of-way.

(4) Corner lot yards. Thirty-five (35) feet adjacent to both frontages; fifty (50) feet when adjacent to or opposite from an agricultural or residential district.

(Ord. of 5-2-1996, § 1004; Ord. of 8-11-1998, § 1004.03; Ord of 03-08-2016)

Sec. 70-545. – Height regulations.

In the general industrial district, structures shall be 100 feet or less in height. The board of supervisors may grant a special exception to allow a structure taller than 100 feet. See section 70-67(a).

(Ord. of 5-2-1996, § 1005)

Sec. 70-546. – Signs.

(a) In the general industrial district, signs are permitted as set forth in this section. In granting a special use permit, the board of supervisors may allow signs that exceed these guidelines.

(b) The total area of permanent signs on any improved lot shall not exceed one square foot of sign for each linear foot of building frontage. The total area of signs shall be distributed among building, pylon and monument signs such that pylon signs make up no more than half the total.

(c) The total area of signs on any unimproved lot shall not exceed 32 square feet.

(d) The height of on-site pylon signs shall not exceed 18 feet. Building signs shall not project above the top of the building more than one-third of the total height of the building. The height of off-site signs shall not exceed eight feet.

(e) Signs may be lighted so that they are illuminated from within or have one or more lights shining on them so that each face of the sign is illuminated. Lights used to internally and externally illuminate each face of a sign shall be directed so as to minimize glare to passing motorists or pedestrians.

(f) Digital signs are permitted as set forth in section 70-701

(Ord. of 5-2-1996, § 1006; Ord. of 7-26-2011)

Secs. 70-547—70-549. – Reserved.

 

DIVISION 11 – Barboursville Village Overlay District

Sec. 70-550. – Purpose and Intent.

  1. The Barboursville Village Overlay District (BVOD) implements the policies, objectives, and purposes of the Comprehensive Plan and the Code of Virginia § 15.2-2283 by providing standards to protect and enhance the character of the area which complement the requirements of the underlying zoning districts. These regulations are intended to foster a higher standard of commercial building design and site design which is respectful of the cultural and historic nature of Barboursville, and produces development that complements, rather than detracts, from the character of the area. This character is in large part due to the Federal, Georgian, Greek Revival, Vernacular Victorian, and post and beam/timber frame architectural stylistic elements that were common of buildings built in the area during the eighteenth, nineteenth, and early twentieth centuries. Accordingly, a major purpose of this overlay is to provide avenues for nonresidential development to be substantially reflective of these architectural styles, while allowing for modern building practices. These regulations are further intended to retain the small village and community identity through the use of setback reductions to encourage a slightly greater degree of density and a continuation of the unique development pattern, through the use of restrictions on certain incompatible uses, and through the utilization of the underlying traditional, Euclidian zoning districts. However, these goals are to be achieved while not inhibiting the functionality of the arterial highways traversing the area. Finally, the village boundaries are arranged such that development will generally be encouraged within them and generally be discouraged outside of them.

Sec. 70-551. – Establishment and Applicability.

  1. Applicability. These overlay district regulations shall apply to the area designated as the Barboursville village on the Recommended Land Use Map of the adopted 2013 Comprehensive Plan, and more specifically as shown on the map adopted by the Board of Supervisors.
  2. Overlay concept. Unless otherwise stated herein, the permitted uses and other regulations of the underlying zoning districts and all other sections of this Zoning Ordinance shall continue to apply. All commercial development within the district shall conform to these provisions, unless specifically exempted.
  3. Zoning Map. The boundaries of this district shall be clearly delineated on the county’s zoning maps.
  4. A BVOD Advisory Committee (BVODAC) shall be appointed by the Board Of Supervisors for terms of two (2) years each. The BVODAC shall be comprised of five (5) persons, at least three (3) of whom must reside in, or own real estate in, the BVOD.

(Ord. of 01/28/2020)

Sec. 70-552. – Administration.

  1. Review procedures. All commercial development within the BVOD shall conform to the zoning permit and site plan requirements set forth in Article II of this Chapter. The Zoning Administrator shall refer all submitted minor and major site plans or development proposals within the BVOD to the BVOD Advisory Committee for their review and comment. The Zoning Administrator may refer any submitted site plan or development proposal within the BVOD to the Planning Commission for their review and comment. If the Zoning Administrator denies any part of a site plan or development proposal that he/she finds is not consistent with these overlay regulations, the applicant may make a written request for the matter to be reviewed and determined by the Commission.
  2. Nonconformities. Unless otherwise stated or modified herein, nonconforming uses and structures shall be regulated by Article III of this Chapter.
    1. If a commercial structure is nonconforming due to encroaching on a setback area or required yard, it may be expanded or enlarged provided the new portion of the structure is no closer to the affected property line than the nonconforming portion.

Sec. 70-553. – Uses.

  1. Except as provided in the following subsection, all by-right permitted uses and all special uses in the underlying zoning districts shall be permitted within the BVOD in accordance with individual district regulations.
  2. The following uses shall not be permitted within the BVOD.
    1. Adult-oriented business.
    2. Public utility facility.
    3. Self-storage facility.
    4. Wholesale or distribution center.
    5. Any use utilizing drive-through facilities.
  3. Any retail store in excess of five thousand square feet is allowed only by special use permit.

Sec. 70-554. – Area and Frontage Requirements.

Minimum lot area and frontage requirements shall be regulated by the underlying zoning districts.

Sec. 70-555. – Minimum Setback Requirements.

The specific requirements provided in this section shall supersede those found elsewhere in this Ordinance, but only within the boundaries of the BVOD. Setback distances not modified by this section shall be regulated by the underlying zoning district(s).

  1. Constitution Highway (Route 20) and Spotswood Trail (Route 33): minimum setback of seventy-five (75) feet from center-line of the road, which shall apply to all buildings and structures. Parking areas may encroach up to half this minimum distance. Freestanding signs shall have a minimum setback distance from the right of way which is equal to the height of the sign.
  2. Governor Barbour Street (Route 678): no minimum setback requirement for structures or signs.
  3. Old Barboursville Road (Route 738): minimum setback of twenty-five (25) feet from the centerline of the road for structures and signs.
  4. Adjacent to the railroad right-of-way: no minimum setback requirement.

Sec. 70-556. – Height Requirements.

No commercial building or structure within the BVOD shall exceed forty (40) feet in height.

Sec. 70-557. – Commercial Building Standards.

  1. Applicability. The standards set forth in this section shall apply to all new commercial development within the BVOD. For the purposes of this section, “new” shall refer to any commercial building or structure built after adoption of this overlay district. .
  2. Building design. Commercial buildings shall incorporate the architectural treatments and design considerations established below.
    1. Any commercial building within the BVOD shall be constructed in any of the following architectural styles by making substantial use of the building elements identified below for the style. Style elements may be physically installed or simulated.

Federal/Georgian Example

Federal/Georgian

  • Brick or clapboard exterior
  • A square or rectangular building shape
  • Double-hung windows with divided lights and shutters
  • Gable windows
  • An embellished front entryway (e.g. elliptical fanlights, side lights, Palladian windows, columns, a porch, etc.)
  • A hip roof or side-gable roof
  • A symmetrical arrangement of doors and windows
  • Exterior cornice molding
  • Quoins
  • End-chimneys

Greek Revival Example

Greek Revival

  • Brick, clapboard, stucco, or stone exterior
  • A square or rectangular building shape
  • A full-height front porch supported by stylized columns
  • A front gable with a pediment
  • Decorative pilasters
  • Double-hung windows with divided lights
  • Exterior cornice molding
  • An embellished front entryway (a horizontal transom, side lights, columns, etc.)
  • A hip roof or low-pitched gable roof

Folk Victorian Example

Vernacular (Folk) Victorian

  • A square, rectangular, or L-shaped building
  • A front-gable roof
  • Clapboard and/or decorative siding (i.e. “fishscale” siding) exterior
  • Bracketed eaves
  • A continuous or mostly-continuous front porch with decorative embellishments (e.g. spindlework, brackets, stylized columns, etc)
  • Decorative front gable-end detailing
  • Double-hung windows with top pediments

Post & Beam / Timber Frame Example

Post & Beam / Timber Frame

  • Exposed structural components (i.e. rafters, purlins, posts, girts, knee braces, brackets, etc.)
  • A square or rectangular building shape
  • A prominent, covered entryway
  • Vertical siding, clapboard, stone, stucco, or shake exterior
  • A gable roof or gambrel roof
  • Metal, shake, or slate roofing materials
    1. Building and roofing colors shall be subtle, neutral and/or earth tones, and shall be of low-reflectance.
    2. Strip centers as a building design shall not be permitted within the BVOD. For the purposes of this section, a strip center shall mean any single-story building used for three (3) or more separate commercial uses which are contained within separate units that share a common frontage.
  1. Mechanical equipment. Roof-mounted mechanical equipment shall be opaquely screened from view at grade by parapet walls or other similar structures that reflect the architecture of the building. Ground-mounted mechanical equipment shall not be located in any yard adjacent to a public road, and shall be opaquely screened from view by walls or structures that are a continuation of the principal structure’s architecture.
  2. Waste receptacles. Trash dumpsters and waste receptacles for commercial use shall not be located in any yard adjacent to a public road, and shall be opaquely screened from view by fencing and/or evergreen landscaping. This standard shall retroactively apply to any lot upon any new development or complete redevelopment.
  3. Lighting. All exterior lighting shall be of the full-cutoff variety that directs light downward and away from street or neighboring properties and shall have a historic and/or high-grade style of design reflective of the examples provided below.
  1. Fencing. Picket fences and split-rail fences are the permitted fence types. Chain-link fencing is expressly prohibited except for security and safety purposes to enclose trash containers, HVAC, electrical etc. In such case the chain-link fencing itself must be opaquely screened from public view by use of approved fencing or natural buffer such as bushes and trees.

Sec. 70-558. – Off-street Parking and Landscaping.

Off-street parking, loading, and landscaping shall be regulated by the Supplementary District Regulations section of this Chapter.

Sec. 70-559. – Outdoor Storage.

Outdoor storage of goods and materials related to any commercial use shall not be located in any yard adjacent to a public road, and shall be opaquely screened by fencing and/or evergreen landscaping, or shall be within an approved accessory building.

Sec. 70-560. – Signage.

  1. Area. Maximum allowable area of signage shall be regulated by the underlying zoning district.
  2. Height. Freestanding signs within the BVOD shall not exceed eight (8) feet in height. Building signs shall not extend above the highest point of the building to which they’re attached.
  3. Style. Monument signs are the only style of freestanding sign permitted in the BVOD.
  4. Digital signs. Digital signs shall have a static display (no strobes or star-bursts etc) of a single color, and may feature a change of message no more frequent than once per sixty (60) seconds.

(Adopted 10/25/2016)

 

DIVISION 12. – PLANNED DEVELOPMENT – BUSINESS (PDB)

Sec. 70-565A. – Purpose and Intent.

  1. The Planned Development – Business district implements the policies, objectives, and purposes of the Comprehensive Plan, the Germanna-Wilderness Area Plan, and the Code of Virginia § 15.2-2283 by allowing for flexibility, variety, and cohesiveness in commercial site design while avoiding the inefficient use of land, lack of connectivity, and lack of architectural continuity typically associated with traditional zoning methods.
  2. The intent of this district is to provide innovative avenues for various types of commercial development which:
    1. Balance the conventional priority for convenient motor vehicle access with the walkability and efficiency of pedestrian-oriented design;
    2. Implement design principles that produce functional, harmonious, and attractive buildings and site layouts;
    3. Take a creative approach in preserving and protecting natural site features through innovative site planning and the use of low impact development (LID) principles; and
    4. Are compatible with adjoining neighborhoods and adjacent areas with respect to scale, intensity, and design.

Sec. 70-565B. – Applicability.

Any property qualifying for a zoning map amendment to the PDB district shall be identified as being within the Germanna-Wilderness Area on the Future Land Use Map of the Comprehensive Plan.

Sec. 70-565C. – Development plans.

  1. Form. Any PDB district shall be regulated by an overall development plan or master plan, as otherwise required as part of the zoning map amendment submittal requirements specified in Article II of this Chapter. Such plans shall be prepared by a licensed surveyor, engineer, or architect, and in addition to said submittal requirements shall also include:
    1. Design guidelines and generalized elevation drawings for the overall site;
    2. A circulation/transportation plan, including a transportation impact analysis (TIA);
    3. A master signage plan;
    4. A landscaping plan;
    5. A generalized land use plan and list of proposed uses; and
    6. A public utilities plan.
  2. Major Revisions. Requests for major revisions to a PDB development plan shall follow procedural requirements for zoning map amendments. A major revision shall be characterized by:
    1. Significant changes in density;
    2. Substantial changes in vehicular circulation or access;
    3. Substantial changes in the types of land uses proposed;
    4. Substantial changes in building design or site design; and
    5. Any other change the Zoning Administrator determines is a major divergence from the approved development plan.
  3. Minor revisions. All other changes to an approved PDB development plan shall be considered minor and may be administratively approved by the Zoning Administrator. Requests for minor revisions shall be in writing by the owner. If the Zoning Administrator denies such a request, the matter may be brought before the Board of Supervisors for a public hearing and decision to approve or deny.
  4. Implementation. All properties for which a PDB development plan is approved shall be under common ownership before construction may begin.

Sec. 70-565D. – Site Development Standards.

  1. Minimum area required to establish a district: Three (3) contiguous acres.
  2. Minimum lot size: Large enough to adequately accommodate all development requirements.
  3. Maximum lot coverage ratio: Seventy (70) percent. This may be increased to eighty (80) percent provided that the site design incorporates considerable usage of Low Impact Design (LID) elements and features, such as bioretention, rainwater harvesting, pervious pavement, engineered wetlands, etc.
  4. Minimum number of separate principal uses: Three (3).
  5. Principal structures and uses: Multiple principal uses and/or structures may be allowed on a lot.
  6. Connectivity: Lots within a PDB district shall be arranged such that inter-parcel vehicular travel is possible without the need to utilize the road serving the development.
  7. Parking criteria: See the Supplementary District Regulations section of this Chapter.
  8. Landscaping: Established as part of the development plan, which shall at least meet the intent of any landscaping requirements specified in Article V of this Chapter
  9. Outdoor lighting criteria: See the Exterior Lighting section of the Supplementary District Regulations section of this Chapter.
  10. Perimeter buffer: A natural and/or landscaped buffer at least twenty-five (25) feet wide shall be maintained on any side of a PDB district which abuts a residential zoning district or residential use.
  11. Public utilities required: Public water and wastewater services shall be required for all development in a PDB district.
  12. Underground utilities: All utilities shall be placed underground.
  13. Transportation. Any road(s) built to serve a PDB district shall be constructed to meet VDOT Secondary Street Acceptance Requirements unless it is determined the public health, safety, and welfare would be better served otherwise.
  14. Signage: Established as part of the development plan. A contiguous PDB district shall generally be limited to one (1) permanent free-standing sign unless it is determined the public health, safety, and welfare would be better served otherwise.

Sec. 70-565E. – Building Standards.

  1. Maximum height: Forty (40) feet, unless otherwise permitted via Special Exception or via Special Use Permit for telecommunications facilities
  2. Minimum setbacks and yards: Established as part of the development plan.
  3. Exterior mechanical equipment: All HVAC equipment and other mechanical devices shall be opaquely screened from view from all public rights-of-way.
  4. Refuse receptacles: Receptacles and enclosures for refuse shall be opaquely screened from view. Screening shall be complementary to building design and materials.
  5. Building materials: Metal siding and/or non-architectural concrete block shall not comprise any building façade visible from a public right-of-way. No building façade visible from a public right-of-way shall be comprised of more than fifty (50) percent of a single building material.
  6. Building façades: For building façades visible from a public right-of-way, horizontal wall expanses longer than forty (40) feet shall be interrupted by recesses, projections, overhangs, and other architectural treatments in order to reduce the physical monotony of the building.
  7. Outdoor storage. Outdoor storage of materials and supplies shall be opaquely screened with landscaping and/or fencing from adjacent properties and public rights-of-way. Chain-link fencing is not permitted as screening for outdoor storage.

Sec. 70-566. – Reserved.

 

DIVISION 13 – PLANNED DEVELOPMENT – MIXED USE (PDM)

Sec. 70-567A. – Purpose and Intent.

  1. The Planned Development – Mixed Use district implements the policies, objectives, and purposes of the Comprehensive Plan, the Germanna-Wilderness Area Plan, and the Code of Virginia § 15.2-2283 by allowing for interrelated and compatible commercial, institutional, residential, and recreational uses within an interconnected pedestrian-oriented neighborhood.
  2. The intent of this district is to permit flexibility and a focus on high-quality design for mixed-use developments which:
    1. Provide a level of density and intensity in order to promote a dynamic and convenient neighborhood;
    2. Exemplify traditional communities that are pedestrian-oriented and offer a variety of transportation, housing, commercial and recreational options;
    3. Take a creative approach in preserving and protecting natural site features through innovative site planning and the use of low impact development (LID) principles for stormwater management as may be permitted by the Virginia Department of Environmental Quality; and,
    4. Provide for the efficient use of land which preserves open space and limits impacts to surrounding properties.

(Ordinance of 08/27/2019)

Sec. 70-567B. – Applicability. Any property qualifying for a zoning map amendment to the PDM district shall be identified as being within the Germanna-Wilderness Area on the Future Land Use Map of the Comprehensive Plan.

Sec. 70-567C. – Development plans.

  1. Form. Any PDM district shall be regulated by an overall development plan or master plan, as otherwise required as part of the zoning map amendment submittal requirements specified in Article II of this Chapter. Such plans shall be prepared by a licensed surveyor, engineer, or architect, and in addition to said submittal requirements shall also include:
    1. Design guidelines and generalized elevation drawings for the overall site;
    2. A circulation/transportation plan, including a transportation impact analysis (TIA);
    3. An open space and recreational facilities plan;
    4. A master signage plan;
    5. A generalized land use plan and list of proposed uses;
    6. A landscaping plan; and,
    7. A public utilities plan.
  2. Major Revisions. Requests for major revisions to an approved PDM development plan shall follow procedural requirements for zoning map amendments. A major revision shall be characterized by all or any of the following:
    1. Significant changes in density;
    2. Substantial changes in vehicular circulation or access;
    3. Substantial changes in the types of land uses proposed;
    4. Substantial changes in building design or site design; and,
    5. Any other change the Zoning Administrator determines is a major divergence from the approved development plan.
  3. Minor revisions. All other changes to an approved PDM development plan shall be considered minor and may be administratively approved by the Zoning Administrator. Requests for minor revisions shall be in writing by the owner. If the Zoning Administrator denies such a request, the matter may be brought before the Board of Supervisors for a public hearing and decision to approve or deny.
  4. implementation. All properties for which a PDM development plan is approved shall be under common ownership prior to the issuance of either a Land Disturbing Permit(s) or site plan approval.
  5. Alternative Form. Any overall development plan or master plan for a PDM district may integrate or consolidate, remove, or modify any guidance or requirement as set forth herein provided such alternative form supports and furthers the PDM district as set forth in Section 70-567A (Purpose and Intent) subject to the following:
    1. Such integration or consolidation, removal, or modification along with information supporting the alternative form shall be included as part of the zoning map amendment submittal requirements specified in Article II of this Chapter.
    2. Sections 70-567D(a), 70-567E(e)(1), and 70-567F(a)(d)(e) are not eligible for removal or modification.

 (Ordinance of 08/27/2019)

Sec. 70-567D. – Area Standards.

    1. Minimum area required to establish a district: Twenty (20) contiguous acres.
    2. Minimum area devoted to nonresidential development: The site shall have a minimum area devoted to nonresidential development of between ten percent (10%) and thirty percent (30%) of the gross project area.
    3. Maximum gross residential density: Six (6) dwelling units per acre. A PDM district shall have at least two (2) different types of dwelling units, and no more than seventy (70) percent of the total number of units provided shall be any one type of dwelling unit.
    4. Minimum area devoted to common open space: Twenty percent (20%) of the gross acreage of the site.
    5. Open space criteria:
      1. Open space may be in the form of plazas, squares, commons, recreational areas such as playgrounds, ballfields, trails, and bike paths, picnic areas, and natural/wooded areas.
      2. A minimum of eighty-five percent (85%) percent of dwelling units shall be within one-thousand (1,000) feet of a usable, common open space area at least ten thousand (10,000) contiguous square feet in size.
      3. All common open space shall be protected by covenants and open space easements setting forth the provisions for its ownership and maintenance
    6. Open space density bonuses: For each additional five percent (5%) of open space provided above the required minimum, the maximum gross residential density may be increased by two (2) dwelling units per acre. The maximum gross residential density shall not exceed twelve (12) dwelling units per acre.

(Ordinance of 08/27/2019)

Sec. 70-567E. – General Site Layout Guidelines.

    1. Neighborhood core: The site shall have a neighborhood core, of between ten percent (10%) and thirty percent (30%) of the gross project area, which includes a mix of commercial, residential, and open space uses.
    2. Mixing of uses: Residential and nonresidential land uses must be sufficiently mixed horizontally across the project and vertically within buildings to facilitate a truly pedestrian-oriented environment. Multi-family and single-family attached housing shall generally be located closest to the core of the community and/or central commercial area.
    3. Access. At least two access points to the project site will be provided. All lots shall front on a public or private street or on a square or plaza. No residential use shall have direct access to any road outside of the district.
    4. Alleys: Alleys may be utilized to provide access to lots and shall be the preferred means of access for lots in residential areas in order to facilitate a street-front orientation for the structures.
    5. Street criteria:
      1. Public and private streets may be provided, but all streets shall be designed in accordance with VDOT Secondary Street Acceptance Requirements unless it is determined by the Board of Supervisors at the time of zoning map amendment the public health, safety, and welfare would be better served otherwise.
      2. The transportation system will be generally in the form of a grid of interconnected streets, alleys and paths, modified as necessary to accommodate topography and the extent of the project site. Roundabouts   are the preferred intersection design subject to VDOT regulations.
      3. Cul-de-sacs or dead-end roads will not be permitted unless warranted by topographical or site design constraints, as determined by the Zoning Administrator or designee.
      4. Streets within and adjacent to the neighborhood core will utilize well-delineated crosswalks and bulb-outs or other similar facilities to minimize pedestrian crossing distances.
      5. Motor vehicle circulation shall be designed to promote pedestrian and bicycle activity.
    6. Sidewalk criteria:
      1. Sidewalks shall be provided on both sides of all streets within the project area unless the Zoning Administrator determines that  locating a sidewalk on only one (1) side of the street is reasonable for the specific development.
      2. Sidewalks in residential and non-residential areas  shall be designed to ensure pedestrian safety.
      3. Connections will be made to existing sidewalks if such facilities exist on adjacent properties, unless otherwise prohibited by VDOT regulations.
    7. Landscaping: Established as part of the development plan, and will at least meet the intent of any landscaping requirements specified in Article V of this Chapter. Street trees will generally be planted throughout the neighborhood core and any other nonresidential or open space areas in order to form a canopy once the trees reach maturity. Tree species will be diversified  and indigenous to the area.
    8. Outdoor lighting criteria: See the Exterior Lighting section of the Supplementary District Regulations section of this chapter.
    9. Parking criteria:
      1. See the Supplementary District Regulations section of this Chapter (Sec. 70-671 et. seq.).
      2. On-street parking may be used to satisfy residential and nonresidential parking requirements, and shall be provided on streets within and adjacent to the neighborhood core.
      3. Detached garages for single-family attached and detached dwellings shall be located only in the rear or side yard. Attached garages shall not extend beyond the front plane of the dwelling.
    10. Signage criteria: Established as part of the development plan.

(Ordinance of 08/27/2019)

Sec. 70-567F. –Building Standards.

      1. Maximum height: Forty-five (45) feet, unless otherwise permitted via Special Exception or via Special Use Permit for telecommunications facilities.
      2. Minimum lot sizes and yards: Established as part of the development plan. Build-to lines shall be utilized instead of traditional minimum setback distances or yard widths. In establishing these standards, the following principles shall be used:
        1. Fire and rescue access to any property shall not be impaired;
        2. Adequacy of light, air, privacy, and access to open space is sufficient for residential uses; and,
        3. The safety and functionality of the transportation network is not hindered.
      3. Principal structures and uses: Multiple principal uses and/or structures may be allowed on a lot. Where residential uses and nonresidential uses are within a single structure, the residential use(s) shall be considered accessory to the nonresidential use(s).
      4. Public utilities required: Public water and wastewater services shall be required for all development in a PDM district.
      5. Underground utilities: All utilities shall be placed underground.

Secs. 70-568. – Reserved.

 

DIVISION 14 – PLANNED RESIDENTIAL – TRADITIONAL DESIGN (R-5)

Sec. 70-569A. – Purpose and Intent.

      1. The Planned Residential – Traditional Design (R-5) district implements the policies, objectives, and purposes of the Comprehensive Plan, the Germanna-Wilderness Area Plan, and the Code of Virginia § 15.2-2283 by allowing for a traditional approach to residential development which provides for the sense of community, pedestrian orientation, sense of place, and connectivity that is commonly associated with neighborhoods prior to the suburbanization of residential development that occurred in the mid-twentieth century.
      2. The intent of this district is to provide for a manner of residential development which:
        1. Fosters a sense of community through the application of building placement and orientation standards and ample common spaces;
        2. Comports with many commonly-accepted principles of traditional neighborhood development while providing a range of housing types;
        3. Relies on a transportation network that is compact, well-connected, and conducive to all forms of mobility, including walking, biking, and motor vehicles;
        4. Takes a creative approach in preserving and protecting natural site features through innovative site planning and the use of low impact development (LID) principles; and
        5. Avoids typical aspects of suburbanization, including large lot sizes, large building setback requirements, a lack of community space and common open space, inefficient use of land, no proximity to commercial centers or civic uses, and a lack of pedestrian infrastructure.

Sec. 70-569B. – Applicability. Any property qualifying for a zoning map amendment to the R-5 district shall be identified as being within the Germanna-Wilderness Area on the Future Land Use Map of the Comprehensive Plan.

Sec. 70-569C. – Development plans.

      1. Form. Any R-5 district shall be regulated by an overall development plan or master plan submitted and approved as part of the zoning map amendment request. Such plans shall be prepared by a licensed surveyor, engineer, or architect, and in addition to said submittal requirements shall also include:
        1. Design guidelines for the overall site and generalized lot layout standards for each form of housing to be provided;
        2. A circulation/transportation plan, including a transportation impact analysis (TIA), hierarchy of streets, and general street cross sections;
        3. An open space, common areas, and recreational facilities plan;
        4. A landscaping plan;
        5. A generalized land use plan; and
        6. A public utilities plan.
      2. Major Revisions. Requests for major revisions to an R-5 development plan shall follow procedural requirements for zoning map amendments. A major revision shall be characterized by:
        1. Significant changes in density;
        2. Substantial changes in vehicular circulation or access;
        3. Substantial changes in the types of land uses proposed;
        4. Substantial changes in building design or site design; and
        5. Any other change the zoning administrator determines is a major divergence from the approved development plan.
      3. Minor revisions. All other changes to an approved R-5 development plan shall be considered minor and may be administratively approved by the Zoning Administrator. Requests for minor revisions shall be in writing by the owner. If the Zoning Administrator denies such a request, the matter may be brought before the Board of Supervisors for a decision to approve or deny.
      4. Implementation. All properties for which an R-5 development plan is approved shall be under common ownership before construction may begin.

Sec. 70-569D. – General Site Development Standards.

      1. Minimum area required to establish a district: Twenty (20) contiguous acres. If a proposed R-5 district is within 1/4 mile of an existing commercial area of considerable size, or is within 1/4 mile of any area specifically designated for commercial use within the adopted Comprehensive Plan, the minimum shall be fifteen (15) acres.
      2. Public utilities required: Public water and wastewater services shall be required for all development in an R-5 district.
      3. Underground utilities: All utilities shall be placed underground.
      4. Maximum height: Forty (40) feet, unless otherwise permitted via Special Exception or via Special Use Permit for telecommunications facilities.
      5. Landscaping: Established as part of the development plan, which shall at least meet the intent of any landscaping requirements specified in Article V of this Chapter. Street trees shall generally be planted throughout the development in order to form a canopy once the trees reach maturity. Tree species shall be diversified as a precaution against blight.
      6. Outdoor lighting criteria: See the Exterior Lighting section of the Supplementary District Regulations section of this chapter.
      7. Signage: If desired, established as part of the development plan.

 

Sec. 70-569E. – Form-based development design.

      1. Housing forms. All housing provided within an R-5 development shall adhere to the forms provided below (examples shown).
F1: Single-family detached F2: Single-family detached w/ accessory apartment F3: Duplex (over-and-under)
C:\Users\jfrederick\Desktop\sfd.jpg Image result for accessory apartment C:\Users\jfrederick\Desktop\Duplex stacked.jpg
F4: Duplex (side-by-side) F5: Fourplex F6: Townhouse
C:\Users\jfrederick\Desktop\Duplex.jpg C:\Users\jfrederick\Desktop\fourplex.jpg C:\Users\jfrederick\Desktop\townhouse.jpg
F7: Bungalow court F8: Courtyard apartments F9: Live/work unit
C:\Users\jfrederick\Desktop\bungalow court.jpg C:\Users\jfrederick\Desktop\courtyard apt.jpg C:\Users\jfrederick\Desktop\live work.jpg

Figure 1: Permitted housing forms and example images

        1. Definitions. For the purposes of these district regulations, the following definitions shall apply:
          1. F1: Single-family detached – a free-standing dwelling unit designed to provide housing for one (1) family and which is constructed in accordance with the Uniform Statewide Building Code.
          2. F2: Single-family detached w/ accessory apartment – see above and the definition for accessory apartment in Sec. 70-1.
          3. F3: Duplex (over-and-under) – a structure that consists of two (2) dwelling units stacked one on top of the other with no openings between them, both of which face and are entered from the frontage street.
          4. F4: Duplex (side-by-side) – a structure that consists of two (2) dwelling units connected by a common side wall with no openings between them, both of which face and are entered from the frontage street.
          5. F5: Fourplex – a structure that consists of four (4) dwelling units, typically two (2) on the ground floor and two (2) above, all of which share a common entry.
          6. F6: Townhouse – a structure that consists of up to five (5) single-family dwelling units each with separate entrances and connected by common side walls with no openings between them, all of which face and are entered from the frontage street.
          7. F7: Bungalow court – a site that consists of a series of small detached structures all constructed in a cohesive style, which may be single-family detached or duplex dwellings, arranged around and with entrances onto a common courtyard/shared yard that is typically parallel to the frontage street.
          8. F8: Courtyard apartments – an L or U-structure that consists of multiple side-by-side or stacked dwelling units accessed from a common courtyard or series of common courtyards, all of which utilize individual and/or shared entrances.
          9. F9: Live/work unit – a structure, which is typically owned by a single entity, that consists of up to two (2) dwelling units above or behind a nonresidential ground floor space.
      1. Multiple forms of housing required. At least three (3) forms of housing must be provided in any R-5 development; for the purposes of this section forms F3 and F4 shall be considered one form. No more than forty percent (40%) of the total number of units may be form F1. This may be increased to sixty percent (60%) provided forms F2, F3, and/or F4 are adequately dispersed throughout the areas in which form F1 is provided.
      2. Live/work units. If provided, all form F9 housing shall be located in the same area within the development.
      3. Distribution of housing. Higher-density forms of housing shall generally be located closest to any on-site or off-site nonresidential uses, including form F9 units.
      4. Build-to zones. All housing shall be oriented to the frontage road or for housing forms F7 and F8, to a central courtyard, shared yard, or plaza. Build-to zones shall be utilized for all housing forms instead of traditional building setbacks. No build-to zone shall extend further than twenty-five (25) feet into a lot.

Y:\Ordinances & Amendments\Ordinance Amendments\2018\ZTA 18-05 - GWAP zoning districts\build to zone diagram.png

Figure 2: Illustration of a build-to zone (required) and a traditional setback (not permitted)

      1. Neighborhood form. An R-5 development shall be generally arranged in blocks, streets, alleys, building lots, and open space areas. A strict adherence to a right-angle grid pattern is discouraged in order to allow the development to fit within the topography rather than be superimposed upon it.
      2. Block layout. The perimeter of a given block shall not exceed thirteen-hundred and fifty (1,350) feet, unless it is predominantly for usable common open space. No block face shall have a length greater than five-hundred (500) feet without an alley providing through access. A continuous network of rear alleys is recommended for all lots, and is required for any lot sixty (60) feet or less in width, or for any lot which has frontage on a courtyard/plaza or other open space.
      3. Garages. If provided, garages shall not face the frontage road to which the lot is oriented unless they are located completely behind the dwelling.
      4. Open space criteria:
        1. A minimum of twenty percent (20%) of the gross acreage of an R-5 development shall be devoted to common open space and/or community recreational facilities. The required courtyards associated with housing forms F7 and F8 may be used to meet this requirement provided they are at least ten-thousand (10,000) contiguous square feet in size.
        2. All dwelling units shall be within at least one-thousand feet of a usable, common open space at least ten-thousand (10,000) contiguous square feet in size.
        3. All common open space shall be protected by covenants and open space easements setting forth the provisions for its ownership and maintenance.
      5. Density. An R-5 development shall not exceed a gross density of six (6) dwelling units per acre without density bonuses.
      6. Density bonuses. Density bonuses may be allowed under the following scenarios. The maximum gross density of any R-5 development shall not exceed twelve (12) dwelling units per acre with density bonuses.
        1. An additional one (1) dwelling unit per gross acre may be permitted for each additional five percent (5%) open space provided above the required minimum. The maximum bonus permitted via this provision shall be two (2) dwelling units per acre.
        2. An additional bonus of two (2) dwelling units per acre may be granted if the site abuts either an existing commercial area of considerable size or any area specifically designated for commercial use within the adopted Comprehensive Plan, and improved pedestrian connections are provided to said area.
        3. An additional bonus of two (2) dwelling units per acre may be granted if at least twenty percent (20%) of the total number of dwelling units is provided as forms F7, F8, and/or F9.

Sec. 70-569F. – Transportation Standards.

      1. Streets. All roads shall be dedicated to public use and designed in accordance with VDOT Secondary Street Acceptance Requirements. The Board of Supervisors may allow low-volume roads, alleys, and non-integral roadways to be private and not built according to VDOT standards provided covenants for their maintenance are recorded in the Circuit Court. Streets and their encompassing rights-of-way shall generally be designed to accommodate cars, bicycles, parking, planting strips/islands, and pedestrians.
      2. Access. At least two access points to the project site shall be provided. All lots shall front on a public or private street or on a square or plaza. No residential use shall have direct access to any road outside of the district.
      3. Connectivity. Streets and alleys within a TND project shall be generally arranged such that they terminate at other streets and alleys rather than cul-de-sacs or other dead-ends. Where topography or site constraints necessitate the use of a cul-de-sac, the centerline of the cul-de-sac road shall not exceed two-hundred and fifty (250) feet in length. Additionally, access to such a road shall be provided by a road providing internal connectivity rather than by another dead-end road.

Figure 2: Examples of unacceptable (left) and acceptable (right) connectivity

      1. Parking. Parking shall be in accordance with the Supplementary District Standards section of this Chapter. On-street parking shall be strongly encouraged throughout any R-5 development.
      2. Sidewalks. Sidewalks shall generally be provided on both sides of the roads within any R-5 development. The Board of Supervisors may allow the strategic location of shared-use pathways (e.g. greenways) in certain areas as an alternate means of meeting this requirement.

Secs. 70-570 – 70-580. – Reserved.

CHAPTER 70 – ZONING

 

Sec. 70-241. – Continuation.

(a) If any legally established lot, structure or use does not conform to the provisions of this chapter, such lot, structure or use may continue as provided in this section. It shall be up to a written determination by the Zoning Administrator, upon application by a property owner, to establish the lawful existence of a nonconforming structure or use on a property and the rights associated with such a structure or use in accordance with this chapter and the Code of Virginia. The burden of proving the lawful nonconforming status of a structure and/or use falls upon the owner.

(b) The right to continue a nonconforming lot, structure or use shall not be impaired by any change in title or occupancy.

(c) If any nonconforming use is discontinued for a period exceeding two years, it shall be deemed abandoned; and any subsequent use shall conform to the requirements of this chapter. Any sign advertising a use that has been deemed abandoned shall also be deemed abandoned. Such a sign shall be removed by the owner of the property on which the sign is located, upon written notification and request by Orange County. The county reserves the right, after a reasonable attempt to notify said owner, to enter onto the property to remove the sign in accordance with § 15.2-2307 of the Code of Virginia.

(d) Except as otherwise provided, if a nonconforming lot, structure or use has been changed such that it more nearly conforms to the requirements of this chapter, it shall not be returned to the previous nonconforming condition, or changed such that it is farther from conforming to the requirements of this chapter.

(Ord. of 5-2-1996, § 1201; Ord. of 04-28-2015)

 

Sec. 70-242. – Nonconforming lots.

Any nonconforming lot may be used for any use permitted by the underlying zoning district so long as all requirements of this chapter, except for existing nonconforming area and frontage regulations, are followed.

(Ord. of 04-28-2015)

Sec. 70-243. – Nonconforming structures.

(a) Nothing in this chapter shall be deemed to prevent the repair, maintenance or strengthening of a nonconforming structure or to correct an unsafe condition. The removal, destruction or moving of a nonconforming structure, of the owner’s own volition, shall cause said structure to lose its lawful nonconforming status. Such a structure shall only be replaced in conformance with the requirements of the underlying zoning district. This subsection shall not be construed to prevent an owner of a nonconforming structure from reducing the footprint of said structure.

(b) A nonconforming structure damaged or destroyed by fire or an act of nature may be restored or replaced within its original footprint or smaller. Such work shall be in accordance with the Uniform Statewide Building Code and Chapter 34 of the Orange County Code. Unless such a building is repaired, rebuilt or replaced within two years of the date of the fire or act of nature, such building shall only be repaired, rebuilt or replaced in conformance with the requirements of the underlying zoning district. In the event of a federal disaster declaration, the timeframe to repair, rebuild or replace the structure shall be four years from the date of the fire or act of nature.

(c) Nothing in this chapter shall be construed to prevent the land owner or home owner from removing a lawful nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. The owner of a lawful nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home that meets the current HUD manufactured housing code. Any such replacement home shall retain the lawful nonconforming status of the prior home.

(Ord. of 5-2-1996, § 1202; Ord. of 04-28-2015)

Sec. 70-244. – Expansion or enlargement.

(a) A nonconforming structure or use may be expanded or enlarged only in conformance with the requirements of this chapter. If a structure is nonconforming due to encroaching on a setback area or required yard, it may be expanded or enlarged provided the new portion of the structure is no closer to the affected property line than the nonconforming portion. Such an expansion or enlargement of a residential structure may be up to 50% of the original footprint of the nonconforming structure. Such an expansion or enlargement of a nonresidential structure may be up to 25% of the original footprint of the nonconforming structure.

Within the Agricultural (A) District, such an expansion or enlargement of a residential or other non-commercial structure may be up to the above-listed percentages or 1500 square feet, whichever is greater

(b) A nonconforming use if changed to a conforming use, shall not thereafter be reverted back to any nonconforming use. A nonconforming use may, by special exception approved by the Board of Supervisors, be changed to another nonconforming use, provided that the proposed use does not detract from the character of the zoning district to a greater degree than the existing nonconforming use.

(c) A nonconforming use may be extended throughout any part of a structure or parcel which was arranged or designed for such use at the time of enactment or amendment of this chapter. Any expansion of the use beyond this shall only be in conformance with the requirements of the underlying zoning district.

(d) The refacing of a lawful nonconforming sign, with or without a digital component as otherwise provided for in this chapter, shall not be considered an expansion of a nonconforming use or an increase in intensity.

(Ord. of 5-2-1996, § 1204; Ord. of 04-28-2015; Ord of 01-10-2017  ;Ord of 01-28-2020)

Secs. 70-245—70-275. – Reserved.

CHAPTER 70 – ZONING

DIVISION 1. – GENERALLY

Sec. 70-36. – Authority.

(a) The authority of the zoning administrator shall be vested in the position of Planning Director unless otherwise appointed by the County Administrator. The zoning administrator shall have all necessary authority on behalf of the board of supervisors to administer and enforce the provisions of this chapter, including, but not limited to:

1) Interpreting this chapter and the county’s zoning maps and zoning district boundaries;

2) Making determinations and decisions on matters arising from or related to the provisions of this chapter;

3) Ordering in writing the correction of any violation of this chapter and taking all necessary steps, including bringing legal action, to ensure compliance;

4) Administering and enforcing all conditions placed on any approved special use permit or special exception; and

5) Administering and enforcing proffers accepted as part of any approved conditional zoning application.

(b) The zoning administrator may appoint other staff members to act on his/her behalf in order to assist with the administration of his/her duties.

(c) The specific authority expressly granted to the zoning administrator in other sections of this chapter shall not be construed to be a limitation on the authority of the zoning administrator to administer and enforce those sections where specific authority is not expressed.

(Ord. of May 10, 2016)

Sec. 70-37. – Violations.

(a) All departments, officials or public employees of the county vested with the duty or authority to issue permits or licenses shall perform their duties in accordance with the provisions of this chapter. They shall issue permits for uses or buildings only when such permits conform to the provisions of this chapter. Any permits issued in conflict with the provisions of this chapter shall be null and void, unless a vested rights claim is substantiated in accordance with applicable provisions of the Code of Virginia. In such cases, the established use(s) and/or building(s) shall be considered a lawful nonconformity in accordance with Article III of this chapter.

(b) Upon receipt of a complaint pertaining to any alleged violation of this chapter, the zoning administrator or his/her appointee shall first verify the legitimacy of the complaint and then serve a written notice of violation to the person committing or permitting the violation(s). The notice shall specify the violation, necessary actions by which to abate the violation, a reasonable timeframe by which the abatement is to be completed, and any right-of-appeal notice required by the Code of Virginia. Should the violation(s) not be abated by the offending party within the timeframe specified by the zoning administrator or his/her designee, then the zoning administrator shall initiate such action as necessary to abate or remedy the violation(s).

(c) Any person to whom a notice of violation has been issued may file with the board of zoning appeals an application for administrative appeal pursuant to Sec. 70-68 of this chapter. In such cases, enforcement action shall continue only after the board of zoning appeals reaches a decision to deny the appeal. The determination of a violation shall be final and unappealable if not appealed within thirty (30) days of the date of the notice of violation, pursuant to § 15.2-2311 of the Code of Virginia.

(Ord. of May 10, 2016)

Sec. 70-38 – Violation of provision of Zoning Ordinance; notice of violation.

A. Any person, whether the owner, lessee, principal, agent, employee or otherwise, who violates or fails to comply with any of the provisions or requirements of this zoning chapter including, but not limited to, provisions of the district regulations, proffers accepted by the board, or conditions of approval imposed by the board, or the improvement, development, or alteration of any site in violation of any plan approved pursuant to this article, shall be subject to the following:

(1) A civil penalty, as provided for in Section 70-38.1; and/or

(2) Criminal penalties, as provided for in Section 70-38.2.

B. The amendment of this Section on December 4, 2019 shall not affect any criminal prosecution under this Section commenced prior to that amendment.

(Ordinance of 12-03-19 – Effective 07/01/20)

Sec. 70-38.1 – Civil penalties.

A. Except as otherwise provided in §§ 70-38 through 70-38.2, any person who violates or fails to comply with any of the provisions or requirements of the Zoning Ordinance shall be subject to a civil penalty of two hundred dollars ($200.00) for the initial summons or ticket, and a civil penalty of five hundred dollars ($500.00) for each additional summons or ticket arising from the same set of operative facts.

B. Each day during which any violation exists shall constitute a separate offense. However, in no event shall any such violation arising from the same set of operative facts be charged more frequently than once in any ten-day period, nor shall a series of such violations arising from the same set of operative facts result in civil penalties which exceed a total of five thousand dollars ($5,000.00).

C. Proceedings seeking civil penalties for all violations of the Zoning Ordinance shall commence either by the filing of a civil summons in the general district court or by issuance of a ticket by the zoning administrator or his designee. A ticket shall only be issued by the zoning administrator or his designee when, in the judgment of the zoning administrator or his designee, the violation can be corrected without significant delay and the violator has failed to do so after being given a reasonable opportunity to do so.

D. The summons or ticket shall provide that any person summoned for a violation may elect to pay the civil penalty by making an appearance in person or in writing by mail to the county treasurer’s office at least seventy-two (72) hours prior to the time and date fixed for trial and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such summons shall provide that a signature to an admission of liability shall have the same force and effect as a judgment of court; however, an admission shall not be deemed a criminal conviction for any purpose.

E. A civil summons or ticket issued shall contain the following information:

(1) the name and address of the person charged.

(2) the nature of the violation and the section provision(s) being violated.

(3) the location and date that the infraction occurred or was observed.

(4) the amount of the civil penalty assessed for the violation.

(5) the manner, location and time in which the civil penalty may be paid to the county.

(6) the right of the recipient of a civil summons to elect to stand trial for the violation, and either the date scheduled for such trial or the date for scheduling of such trial by the court.

F. If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. A finding of liability shall not be deemed a criminal conviction for any purpose.

G. The total civil penalties from a series of violations arising from the same set of operative facts shall not exceed five thousand dollars ($5,000.00). After the civil penalties reach the five thousand dollar ($5,000.00) limit, the violation may be prosecuted as a criminal misdemeanor under section 70-38.2.

H. If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation in order to comply with the zoning chapter. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six (6) months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense.

I. Designation of a particular violation of Chapter 70 for a civil penalty pursuant to this Section shall be in lieu of criminal sanctions; and such designation shall preclude the prosecution of a violation as a criminal misdemeanor, provided, however, that when such civil penalties total $5,000 or more, the violation may be prosecuted as a criminal misdemeanor.

J. This section shall not be construed to allow the imposition of civil penalties for (1) activities related to land development, (2) the violation of any provision of Chapter 70 of the Code of Orange County relating to the posting of signs on public property or public rights-of-way, or (3) any zoning violation resulting in injury to any persons.

K. The existence of a civil penalty shall not preclude action by the zoning administrator under subdivision A(4) of § 15.2-2286 of the Code of Virginia or action by the Board of Supervisors under § 15.2-2208 of the Code of Virginia.

(Ordinance of 12-03-19 – Effective 07/01/20)

Sec. 70-38.2 – Criminal penalties.

A. A person shall be guilty of a misdemeanor offense if he commits any of the following violations of Chapter 70 of the Code of Orange County:

  1. any violation of the provisions of Chapter 70 that results in physical harm or injury to any person;2.
  2. any violation or failure to comply that occurs after the five thousand dollar ($5,000.00) maximum aggregate civil penalty provided in § 70-38.1 has been reached;3.
  3. any sign posted on public property or in public rights-of-way in contravention of this zoning ordinance;4.
  4. any land development activity without applicable permit;5.
  5. any violation for which a prosecution under Section 70-38 had already commenced prior to the amendment of that section on December 3, 2019; or6.
  6. any violation of the provisions of this chapter or failure to comply with any of its requirements related to the number of unrelated persons in a single-family residential dwelling. Any such violation shall be punishable by a fine of up to $2,000. Failure to abate the violation within the specified time period shall be punishable by a fine of up to $5,000, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period, punishable by a fine of up to $7,500. However, no such fine shall accrue against an owner or managing agent of a single-family residential dwelling during the pendency of any legal action commenced by such owner or managing agent against a tenant to eliminate an overcrowding condition in accordance with Chapter 13.2 of Title 55 of the Code of Virginia, as applicable. A conviction from a violation of provisions regulating the number of unrelated persons in a single-family residential dwelling shall not be punishable by a jail term

B. Except as provided in paragraph 6 of subsection A, misdemeanor offenses described in this Section shall be punishable by a fine of not more than $1,000. If the violation is uncorrected at the time of conviction, the court shall order the person convicted to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate such violation within the time period established by the court shall constitute a separate misdemeanor offense punishable by a fine of not more than one thousand dollars ($1,000.00); any such failure during a succeeding ten (10) day period shall constitute a separate misdemeanor offense punishable by a fine of not more than one thousand five hundred dollars ($1,500.00); and any such failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable by a fine of not more than $2,000.

C. The pursuit of criminal penalties for a violation shall not preclude the zoning administrator from pursuing injunctive action.

(Ordinance of 12-03-19 – Effective 07/01/20)

Sec. 70-39. – Interpretation of zoning district boundaries.

Unless zoning district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any zoning district as shown on the zoning map, the following rules shall apply.

(a) Where zoning district boundaries are indicated as following property lines, such property lines shall be construed to be the zoning district boundaries.

(b) Where zoning district boundaries are indicated as following or being parallel to or at right angles with the centerlines of streets, highways, alleys or railroad main tracks, such centerlines or lines parallel to or at right angles with such centerlines shall be construed to be such boundaries, as the case may be.

(c) Where a zoning district boundary is indicated to follow a river, creek, branch or other body of water, the boundary shall be construed to follow the centerline at low water of such body of water. In the event of change of the centerline, such boundary shall be construed as moving with the actual centerline.

(d) Where a zoning district boundary is indicated to follow the centerline of a public or private right-of-way, the zoning of such areas shall be construed to be the same as the abutting property up to said centerline.

(e) Whenever any public right-of-way is vacated or abandoned, the zoning district applicable to the property to which it is reverted shall apply to such vacated or abandoned right-of-way.

(f) If no distance, angle, curvature description or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the boundary shall be determined by the use of the scale shown on the zoning map. In case of subsequent dispute, the zoning administrator shall refer the matter to the board of zoning appeals, which shall determine the boundary.

(Ord. of 5-2-1996, § 1804, Ord. of May 10, 2016)

Sec. 70-40. – Conflicting ordinances, statutes and regulations.

Whenever any section or provision of this chapter imposes higher standards than are required in any other county ordinance or regulation, the provision of this chapter shall govern. Whenever any section or provision of any federal or state statute or other county ordinance or regulation imposes higher standards than are required by this chapter, the provision of such statute, ordinance or regulation shall govern.

(Ord. of 5-2-1996, § 1805)

Sec. 70-41. Payment of all delinquent taxes and fees prior to filing application

Prior to, or in conjunction with, the initiation of an application by the owner of the subject property, the owner’s agent, or any entity in which the owner holds an ownership interest greater than 50 percent, for a special exception, special use permit, variance, rezoning or other land disturbing permit, including building permits and erosion and sediment control permits, or prior to the issuance of final approval, the applicant shall be required to produce satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the County and have been properly assessed against the subject property, have been paid, in accordance with § 15.2-2286(B) VA Code Ann.

(Ordinance 10-09-12).

Sec. 70-42. Severability.

Should any section or provision of this ordinance be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so held to be unconstitutional or invalid.

(Ord. of May 10, 2016)

Secs. 70-43–70-60. – Reserved.

 

DIVISION 2. – BOARD OF ZONING APPEALS

Sec. 70-61. – Appointment and organization.

A board of zoning appeals (BZA) consisting of five members must be appointed by the circuit court in accordance with the provisions of Code of Virginia, § 15.2-2308. It shall have the powers set forth in Code of Virginia, § 15.2-2309. Any member may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the circuit court after a hearing held after at least 15 days’ notice.

(Ord. of 5-2-1996, § 1601.01; Ord. of 3-9-2010)

Sec. 70-62. – Rules and regulations.

(a) Meetings. The BZA shall adopt such rules and regulations as it deems necessary to carry out the duties imposed by this ordinance [Ordinance of 3-9-2010]. The meetings of the BZA will be held at the call of the chair or at such times as a quorum of its members may determine. All meetings of the BZA must be open to the public. For the conduct of any hearing, a quorum shall be not less than a majority of all the members of the BZA.

(b) Minutes. The BZA must appoint a secretary to the BZA, without vote, to prepare minutes of meetings, keep all records, and conduct official correspondence of the BZA. The BZA may elect as secretary either a member of the BZA or a qualified individual who is not a member of the BZA. If the secretary is not a member of the BZA, then the secretary is not entitled to vote on any matters before the BZA. In the absence of the secretary at any meeting, the BZA must appoint some other person, who may or may not be a member of the BZA, to prepare the minutes. The minutes must show the vote of each member upon each question, or indicate if any member is absent or fails to vote. All records of official actions become part of the permanent records of the BZA.

(c) Voting. The concurring vote of three members is necessary to reverse or modify any order, requirement, decision or determination of the zoning administrator or to grant a variance. No action of the BZA is valid unless authorized by a majority vote of those present and voting. Excluded from the requirements of this section are matters governed by § 15.2-2312, VA. Code Ann.

(d) Conflict. Any member of the BZA is disqualified to act upon a matter with respect to property in which the member has an interest as set forth in the Virginia Conflict of Interests Act, § 2.2-3100 et seq., VA Code Ann.

(Ord. of 5-2-1996, § 1601.02; Ord. of 3-9-2010; Ord. of 6-28-2011(8))

Sec. 70-63. – Officers.

The board of zoning appeals shall choose annually its own chair and a vice-chair who shall act in the absence of the chair. The chair or, in his absence, the acting chair, may administer oaths and compel the attendance of witnesses.

(Ord. of 5-2-1996, § 1601.03)

Sec. 70-64. – Powers, duties.

The board of zoning appeals shall have the power and duty to hear and decide appeals, and to hear and decide applications for variances in accordance with Code of Virginia, § 15.2-2309. The board of zoning appeals shall have no power to grant special exceptions.

(Ord. of 5-2-1996, § 1601.04, Ord. of May 10, 2016)

Sec. 70-65. – Other employees; compensation.

Within the limits of funds appropriated by the board of supervisors, the board of zoning appeals may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical or clerical services. Members may receive such compensation as the board of supervisors authorizes.

(Ord. of 5-2-1996, § 1601.05)

Sec. 70-66 -70-67 Reserved.

Sec. 70-68. – Appeals from decisions of the zoning administrator.

(a) Appeals authorized. An appeal to the BZA may be taken by any person aggrieved or by any officer, department or board of the county affected by any decision of the zoning administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this article or any ordinance adopted pursuant to this ordinance . Such appeals must be made within 30 days after the decision appealed from. Appeals are made by filing a notice of appeal with the zoning administrator and with the BZA. The notice of appeal must specify the grounds for appeal.

(b) Document transmittal. The zoning administrator must immediately transmit to the BZA all the papers constituting the record upon which the action appealed from was taken.

(c) Stay in proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the BZA that, by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown.

(d) Fee. Appeals must be accompanied by a cash payment to the county in accordance with the established fee schedule set by the board of supervisors.

(e) Time of hearing. Upon receipt of the appeal, the BZA must fix a reasonable time for the hearing, give public notice in accordance with Code of Virginia, § 15.2-2204 and 15.2-2309, as well as due notice to the parties in interest as required by law.

(f) Time of decision. The BZA must make its decision within 90 days of the filing of the appeal.

(g) Decision by BZA. In exercising its powers the BZA may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from.

(h) Withdrawal of appeal. An appeal to the BZA may be withdrawn by the appellant at any time prior to the deadline for cancellation of the newspaper advertisement provided for in this article. After such deadline, an appeal may be withdrawn only with the permission of the BZA. An appeal which is not withdrawn as provided for in this subsection must be either granted or denied on the merits by the BZA, either in whole or in part.

(Ord. of 5-2-1996, § 1604; Ord. of 3-9-2010, Ord. of 05-10-16)

Sec. 70-69. – Appeals from decisions of board of zoning appeals.

Any person or persons jointly or severally aggrieved by any decision of the BZA, or any aggrieved taxpayer, or any officer, department, board or bureau of the county, may file with the circuit court a petition specifying the grounds on which it is aggrieved within 30 days after the final decision of the BZA.

(Ord. of 5-2-1996, § 1605; Ord. of 3-9-2010)

Sec. 70-70. – Fees.

There may be a charge for the examination and hearing of applications for appeals to the board of zoning appeals. Fees shall be established by the board of supervisors and shall be paid at the time the appeal is filed.

(Ord. of 5-2-1996, § 1606)

Sec. 70-71. – Administrative variance.

The Zoning Administrator may grant variances for a reasonable modification to the zoning requirements where such variance request is appropriate under the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. Any such variance granted to provide a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability shall expire when the person benefited by it is no longer in need of the modification to such property or improvements provided by the variance.

(State Code Sec. 15.2-2309)

(Ord. of 01-28-2020)

Secs. 70-72-70-90. – Reserved.

 

DIVISION 3. – APPEALS FROM DECISION OF BOARD OF SUPERVISORS

Sec. 70-91. – Authorized.

Any person aggrieved by any decision of the board of supervisors, or any aggrieved taxpayer, or an officer, department, board or bureau of the county may appeal such decision by presenting to the circuit court a petition specifying the grounds on which aggrieved. Such appeal shall be taken within 30 days of the decision of the board of supervisors.

(Ord. of 8-11-1998, § 1606.01)

Sec. 70-92. – Reserved.

Sec. 70-93. – Reserved.

Sec. 70-94. – When testimony required.

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

(Ord. of 8-11-1998, § 1606.04)

Sec. 70-95. – Costs.

Costs shall not be allowed against the board of supervisors unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from.

(Ord. of 8-11-1998, § 1606.05)

Secs. 70-96–70-115. – Reserved.

 

DIVISION 4. – ZONING PERMITS AND SITE PLANS.

Sec. 70-116. – Zoning permit requirements.

(a) When required. Except as provided for in the following subsections, a zoning permit shall be required for:

1) The erection, construction, reconstruction, or moving of a building and/or structure or part thereof;

2) Any alteration of a building and/or structure whereby the physical footprint and/or height is changed;

3) For the establishment of any new land use; and

4) For any proposed change in use within a structure that is used in whole or in part for nonresidential purposes.

(b) When not required. Unless otherwise regulated by approved proffers or county-imposed conditions, a zoning permit shall not be required for:

1) At-grade modifications (e.g. patios, landings, sidewalks, and driveways, but not including pools);

2) Below-grade modifications, not including new well and septic drainfield installations;

3) Building interior modifications not qualified under Sec. 70-116(a);

4) Accessory structures up to one-hundred fifty (150) square feet;

5) Graveyards, including crypts/mausoleums up to fifteen-hundred (1,500) square feet;

6) Sign “refacing” (i.e. the like-for-like replacement of a permanent, conforming sign’s advertising message whereby the physical dimensions of the sign do not change);

7) Fences, handrailing, screening walls, and retaining walls;

8) Common residential yard accessories (e.g. LP-gas or oil tanks, air conditioning units, mailboxes, flagpoles, satellite dishes); and

9) Home enterprises and home occupations.

(c) Agricultural uses. A zoning permit shall not be required for any bona fide agricultural structure (e.g. a pole barn or silo) or the establishment of any agriculture use as defined in Sec. 70-1, unless the use is identified as having parking requirements in Article V, Division 5 of this chapter. A zoning permit shall be required for any structure or use regulated by Article VIII of this chapter (Intensive Livestock, Dairy, and Poultry Facilities).

(d) Expiration. An approved zoning permit shall expire if construction and/or establishment of the permitted use does not commence within six (6) months from the date of approval.

(e) Temporary uses. A temporary zoning permit shall be required for certain temporary uses permitted in individual zoning districts as provided for elsewhere in this chapter.

(Ord. of 5-2-1996, § 1101; Ord. of 3-9-2010; Ord. of 05-10-2016, Ord. of 01-24-2017)

Sec. 70-117. – Administrative site plans.

(a) Applicability. An administrative site plan shall accompany each application for a zoning permit to establish or modify any of the following:

1) Single-family detached dwelling, two-family dwelling, or manufactured home.

2) Any use which is customarily incidental (i.e. accessory) to the above principal uses.

3) Farm stand, wayside stand, or farm enterprise.

4) ADA-accessibility improvements, of up to two-thousand, five-hundred (2,500) square feet, to any existing building or structure.

5) Any nonresidential use which results in total land disturbance under two-thousand, five-hundred (2,500) square feet.

6) Any nonresidential change of use within an existing structure that results in no land disturbance nor necessitates any additional site improvements that may be required by this chapter.

7) Temporary uses.

8) Signs.

(b) Plan preparation. An administrative site plan may be hand-drawn or prepared by a licensed surveyor, engineer, or architect. Hand-drawn plans shall not be accepted for the modification of any nonconforming structure or for any principal use on property zoned Planned Residential (R-3) or Multifamily Residential (R-4).

(c) Contents of plan. Each administrative site plan shall be shown on either a current survey of the property or on the most-current survey of the property on record in the Circuit Court, and shall depict, as appropriate:

      1. 1) Property lines and their courses and measurements;
      2. 2) The tax parcel number, acreage of the lot, scale, and north arrow;
      3. 3) The location, dimensions, height, and proposed setbacks from property lines and from bodies of water for all existing and proposed buildings and structures on the lot;
      4. 4) Existing and proposed driveways, travelways, and parking areas;
      5. 5) The location of streams and other bodies of water on the lot;
      6. 6) Modifications to existing drainageways;
      7. 7) Installation or modification of a stormwater best management practice (BMP);
      8. 8) Compliance with any proffers, variances, and/or county-imposed conditions; and
      9. 9) All public and private rights-of-way (including easements), their name(s), and the width of said rights-of-way.

(d) Exceptions. For properties which have no current plat or survey, or where the plat or survey is of too large a scale so as to inhibit the accurate drawing of the site plan, an illustration of property line locations along with the site plan elements may be accepted in lieu of a plat or survey. This shall be at the sole discretion of the zoning administrator.

(e) Modification of requirements. Any of the administrative site plan elements may be waived or modified in circumstances in which they are not applicable or where they bear no relation to the proposed use. The zoning administrator may require the submission of additional materials necessary to satisfactorily administer the requirements of this ordinance.

(f) Expiration. Administrative site plans shall have the same expiration provisions as the accompanying zoning permit, as specified in Sec. 70-116.

(Ord. of 5-2-1996, § 1101.01, Ord. or May 10, 2016)

Sec. 70-118. – Minor site plans and minor grading plans.

      1. Applicability. Prior to an application for a zoning permit, a minor site plan shall be reviewed and approved by the zoning administrator for the following:
        1. Any use which results in total land disturbance of less than one (1) acre, unless specifically subject to administrative site plan requirements.
      2. Plan preparation. A minor site plan, or a minor grading plan if permitted pursuant to subsection (g) below, shall be prepared by a licensed surveyor, engineer, or architect.
      3. Contents of plan. In addition to the administrative site plan elements specified in Sec. 70-117(c), a minor site plan shall also depict, as appropriate:
        1. Project name, a written description of the proposed use(s), current property owner(s) and address(es), and the plan preparer’s information;
        2. A vicinity map;
        3. The zoning classification of the property;
        4. Approval blocks for relevant review departments and/or agencies;
        5. All information necessary to show compliance with the parking, loading/unloading, and landscaping requirements pursuant to Article V, Division 5 of this chapter;
        6. Any required buffer yards and the associated fencing and landscaping;
        7. Any known places of burial;
        8. Location and description of any planned demolition of existing structures, roads, utilities, and other site fixtures proposed for removal;
        9. All easements;
        10. All existing and proposed utilities;
        11. North, south, east, and west elevation drawings for all principal structures;
        12. Proposed signage;
        13. Photometric drawings and fixture/installation details for all exterior lighting;
        14. Existing topography and proposed final grades;
        15. The extent of any land disturbance and all erosion control measures and plans pursuant to Chapter 26 of this Code and/or requirements of the Code of Virginia;
        16. The name, phone number, certification number, and certification expiration date for the designated responsible land disturber(s), pursuant to Chapter 26 of this Code;
        17. Details for any stormwater management and/or drainage infrastructure to be installed and/or modified;
        18. An itemized bond estimate for all erosion control measures, including any stormwater management and/or drainage facilities;
        19. The location of any perennial or intermittent streams, flood hazard areas, mapped dam break inundation zones, steep slopes (generally exceeding 25% grade), or previously-delineated/identified wetlands present on the site; and
        20. All proposed transportation improvements within the site and external to the site.
      4. Timeframe for review. Permissible timeframes for review and approval of any minor site plan or minor grading plan shall be in accordance with § 15.2-2259 of the Code of Virginia.
      5. Expiration. Minor site plan approval shall expire after five (5) years unless construction has begun and work has been diligently pursued.
      6. Zoning compliance certificates. See Sec. 70-119(f).
      7. Minor grading plans. Prior to submittal of a minor site plan, and/or for situations where a minor site plan submittal is required per subsection (a) above but no structures and/or uses are immediately proposed, the Zoning Administrator may approve a minor grading plan for the proposed activities.
        1. Contents of plan. A minor grading plan shall depict:
          1. Project name, current property owner(s) and address(es), the plan preparer’s information, and the proposed use of the property, if applicable;
          2. A vicinity map;
          3. Property lines and their courses and measurements;
          4. The tax parcel number, acreage of the lot, scale, and north arrow;
          5. Approval blocks for relevant review departments and/or agencies;
          6. Compliance with any proffers or County-imposed conditions;
          7. All public and private rights-of-way (including easements), their name(s), and the width of said rights-of-way;
          8. All existing utilities and associated easements, if applicable;
          9. Any known places of burial;
          10. Location and description of any planned demolition of existing structures, roads, utilities, and other site fixtures proposed for removal;
          11. Existing and proposed entrances to the property, and if the proposed activities affect any public road or right-of-way, details sufficient for VDOT review;
          12. Existing topography and proposed final grades;
          13. Any tree-save areas and/or buffer retention areas;
          14. The extent of land disturbance and all erosion control measures and plans pursuant to Chapter 26 of this Code and/or requirements of the Code of Virginia;
          15. The name, phone number, certification number, and certification expiration date for the designated responsible land disturber(s), pursuant to Chapter 26 of this Code;
          16. Details for any stormwater management and/or drainage infrastructure to be installed and/or modified;
          17. The location of any perennial or intermittent streams, waterbodies, flood hazard areas, mapped dam break inundation zones, steep slopes (generally exceeding 25% grade), or previously-delineated/identified wetlands present on the site; and
          18. An itemized bond estimate for all erosion control measures, including any stormwater management and/or drainage facilities.
        2. Expiration. Minor grading plan approval shall expire after two (2) years unless necessary permits have been obtained and site work has commenced.

(Ord. of 5-2-1996, § 1101.02, Ord. of May 10, 2016; Ord. of 05/08/18; Ord. of 10-09-2018)

Sec. 70-119. – Major site plans and major grading plans.

      1. Applicability. Prior to an application for a zoning permit, a major site plan shall be reviewed and approved by the zoning administrator for the following:
        1. Any use which results in total land disturbance of one (1) acre or more, except for single-family detached dwellings, two-family dwellings, and manufactured homes.
      2. Plan preparation. A major site plan, or a major grading plan if permitted pursuant to subsection (h) below, shall be prepared by a licensed surveyor, engineer, or architect.
      3. Contents of plan. In addition to the minor site plan elements specified in Sec. 70-118(c), a major site plan shall also depict, as appropriate:
        1. The owners, tax parcel numbers, sources of title, zoning classifications, and current uses of all adjacent properties;
        2. A current boundary survey of the site;
        3. Existing and proposed lot coverage ratios;
        4. The estimated daily vehicular trip generation figures for the development;
        5. Provisions, details, and best management practices for addressing stormwater requirements;
        6. Details for any retaining walls;
        7. Tree-save areas and/or areas to remain undisturbed;
        8. Any proposed phasing of development;
        9. A soils evaluation;
        10. A current wetlands delineation;
        11. The design and placement of any refuse facilities; and
        12. Any information related to existing archeological or historical resources.
      4. Additional review. The zoning administrator may refer a major site plan to the planning commission or other appointed or elected review committee if it is determined the proposed project, based on the intensity, potential impacts, or complexity of approved proffers or conditions, would warrant an additional level of review.
      5. Timeframe for review. Permissible timeframes for review and approval of any major site plan or major grading plan shall be in accordance with § 15.2-2259 of the Code of Virginia.
      6. Zoning compliance certificates. A zoning compliance certificate shall be required for all site work and improvements approved via the minor or major site plan approval process, prior to issuance of any permanent certificate of occupancy by the Building Official. The purpose of the zoning compliance certificate is to confirm that all site improvements required pursuant to this chapter, to the approved site plan, to accepted proffers, and/or to other county-imposed conditions are installed in substantial conformance with said requirements. The zoning administrator may rely on any reasonable means necessary to determine “substantial conformance,” particularly in circumstances where the professional licensure of others is required to properly confirm the validity of the installed improvement.
        1. Temporary certificates. In situations where the building or structure must be occupied and the use must otherwise commence prior to completion of all required improvements, the zoning administrator may issue a temporary zoning compliance certificate subject to the following:
          1. The period of validity for the temporary certificate may not exceed six (6) months, unless the zoning administrator approves a longer period of time for unusual circumstances.
          2. The site and building is in a safe and usable condition, free from conditions that might endanger the health, safety, or welfare of persons using the site.
          3. The property owner or authorized agent submits a written performance guarantee specifying the required improvements yet to be completed and the timeframe required for their completion. The guarantee shall be accompanied by a surety payable to the county in an amount determined by the county to be sufficient to ensure satisfactory completion or all required improvements yet to be completed within the timeframe of the temporary certificate. The guarantee may be in the form of cash/check, an irrevocable letter of credit, or other collaterally-assigned funds acceptable to the county attorney. The developer shall submit a surety estimate, to be approved by the county, along with a reasonable amount for administrative costs not to exceed ten (10) percent of the estimated costs.
          4. The surety requirement may be waived in instances where the unfinished improvements have an estimated cost of no greater than five-hundred dollars ($500).
          5. The county may make use of the surety if the obligee fails to comply with the terms of the performance guarantee or the county determines the unfinished improvements have not been completed in a timely manner so as to negatively impact the public health, safety, or general welfare. Alternatively, the county may revoke the certificate of occupancy until said terms are fulfilled.
      1. Expiration. Major site plan approval shall expire after five (5) years unless construction has begun and work has been diligently pursued.
      2. Major grading plans. Prior to submittal of a major site plan, and/or for situations where a major site plan submittal is required per subsection (a) above but no structures and/or uses are immediately proposed, the Zoning Administrator may approve a major grading plan for the proposed activities provided they are in substantial conformity with the Comprehensive Plan.
        1. Contents of plan. In addition to the minor grading plan elements specified in Sec. 70-118(g), a major grading plan shall also depict:
          1. Provisions, details, and best management practices for addressing stormwater management requirements;
          2. Generalized areas planned or anticipated to accommodate future development, as well as generalized utility/roadway locations, and a tabulation of the percentage of surface area to be adapted to these uses;
          3. A current wetlands delineation;
        2. Expiration. Major grading plan approval shall expire after two (2) years unless necessary permits have been obtained and site work has commenced.

(Ord. of 5-2-1996, ” 1101.03, 1101.04; Ord. of 8-11-1998, ” 1101.03, 1101.04; Ord. of 5-8-2001; Ord. of 6-14-2011, Ord. of May 10, 2016. Ord. of 05-08-18; Ord. of 10-09-2018)

Sec. 70-120. – Fee for review.

An applicant for a zoning permit shall pay a fee for the review and approval of the site plan and the issuance of the zoning permit in accordance with the schedule of fees adopted by the board of supervisors.

(Ord. of 5-2-1996, § 1101.05)

Sec. 70-121. – Electric service.

It shall be unlawful for any electric company to furnish electricity to any new structure, building or newly located manufactured or mobile home unless a zoning permit has been issued.

(Ord. of 5-2-1996, § 1101.06)

Sec. 70-122. – Temporary use permits.

(a) Permit and application requirements. A zoning permit for a temporary use is required for certain temporary uses permitted in individual zoning districts. Application for such permit shall be made at least one week prior to the date on which the permit is to take effect. The application shall be made on a form provided by the zoning administrator and shall include information about the proposed use, products to be sold, signs, and related licenses and permits.

(b) Revocation of temporary permit. The zoning administrator may revoke a temporary permit at any time subsequent to the failure of the owner or operator of the permitted use to observe all requirements of the law with respect to the maintenance and conduct of the use, and any conditions of the permit that were designated by the zoning administrator when issued. Upon receipt of notice of revocation of the permit, the property owner or operator of such activity shall cease operation of the activity immediately. The foregoing provisions shall not be deemed to preclude the use of any other remedy prescribed by law with respect to violations of the provisions of this section.

(c) Public uses excluded. Any use located on government-owned property which is approved by the County, shall not be considered a temporary use subject to this section and section 70-940.

(d) Civic or non-profit organization use exempted. The operation of a temporary use by a civic or non-profit organization is exempt from the requirements of this section and section 70-940.

(e) Signs. Notwithstanding other regulations governing signs in this ordinance [Ord. of 3-9-10], only one sign is permitted for each temporary use, which shall be displayed only during the period approved for the temporary use.

(Ord of 3-9-2010)

Secs. 70-123-70-140. – Reserved.

 

DIVISION 5. – SPECIAL USE PERMITS

Sec. 70-141. – Considerations.

In granting a special use permit, the planning commission and the board of supervisors shall consider whether the proposed use would further the purposes of the comprehensive plan and this chapter; whether it would threaten the public health, safety or welfare; whether it would be compatible with its surroundings; whether it would impact the environment or any natural, scenic, or historic features; and whether it would result in a substantial detriment to the surrounding property.

(Ord. of 5-2-1996, § 1103.01, Ord. of May 10, 2016)

Sec. 70-142. – Conditions authorized.

In granting a special use permit, the planning commission may recommend and the board of supervisors may impose reasonable conditions to protect the public health, safety and general welfare. The board may require the posting of a bond as a reasonable condition to ensure compliance with the approved permit or any part thereof.

(Ord. of 5-2-1996, § 1103.02, Ord. of May 10, 2016)

Sec. 70-143. – Notice and hearing required.

No action to approve, modify, or deny a special use permit may be taken by the governing body except after notice and hearing as provided in Code of Virginia, § 15.2-2204. The Planning Commission shall hear and provide recommendations on all special use permit applications, unless otherwise specified.

(Ord. of 5-2-1996, § 1103.03, Ord. of May 10, 2016)

Sec. 70-144. – Expiration and revocation.

(a) Unless otherwise provided in the conditions of approval, any special use permit shall become void if the applicant does not obtain a building permit for the facility or otherwise commence the use within two (2) years of its issuance. In the event any use allowed by a special use permit is discontinued for a period of two (2) years or longer, the use shall be deemed abandoned and the special use permit shall become void. Renewal and/or reestablishment of such a use shall require a new application, public notice, and subsequent approval by the board of supervisors.

(b) For instances in which the conditions of a special use permit are not met or when complaints have been received and verified, and administrative enforcement procedures have been pursued without success, the zoning administrator shall bring the matter before the board of supervisors for a public hearing to determine the appropriateness of revoking the special use permit.

(Ord. of 5-2-1996, § 1103.04; Ord. of 3-9-2010, Ord. of May 10, 2016)

Sec. 70-145. – Application submittal requirements and review.

(a) Each application for a special use permit shall contain the following:

1) Application form(s), appropriate fees, and authorization by the property owner, if applicable.

2) A general concept plan, no smaller than 11″x17″, illustrated on a plat or survey of the property, which may be hand-drawn or non-engineered, and which clearly shows all existing conditions and proposed changes to the property that will result from the application. These shall include, at a minimum:

i. Existing roads, driveways, utilities, and easements;

ii. Existing structures and/or uses and their distances to property lines;

iii. Proposed structures and/or uses and their orientation on the property;

iv. Proposed utilities;

v. Proposed grading;

vi. General parking and landscaping areas;

vii. The location of wetlands, floodplains, streams, and other bodies of water;

viii. Any proposed subdivision of the property;

ix. Any proposed phasing of development;

x. General signage types and locations; and

xi. Proposed roads and driveways.

3) A written narrative describing the scope of the proposal, including at a minimum:

i. A detailed project description and how it aligns with the goals and objectives of the comprehensive plan;

ii. Anticipated traffic volumes and related traffic impacts;

iii. A fiscal impact analysis including expected economic benefits and costs to the county;

iv. Impacts on the provision of public services;

v. An environmental impact analysis;

vi. An analysis of impacts on historic and cultural resources; and

vii. Anticipated impacts to neighboring properties and how those impacts will be mitigated.

4) Any other information, as required in writing upon review of the application by the zoning administrator, that is relevant to the unique characteristics of the application and/or will further assist the governing body in their decision of approval or denial of the application.

(b) An application that provides all of the required information, in appropriate detail, shall be determined to be complete and be accepted for review. An application omitting any required information shall be deemed to be incomplete and shall not be accepted, unless the zoning administrator determines the missing information is not required to adequately review the application.

1) The zoning administrator shall determine whether an application is complete within ten (10) business days after the application is received. If the application is deemed to be incomplete, the zoning administrator shall inform the applicant, in writing, of the deficiencies in the application.

2) Applications deemed incomplete shall have the required missing information submitted within ninety (90) calendar days of the date of the zoning administrator’s notice, as required by the above section, or the application will become void and subject to the provisions of Sec. 70-146.

(c) The zoning administrator shall refer the application to the planning commission only after allowing for a sufficient time period for review, not to exceed forty-five (45) business days, by other county departments and external agencies.

(Ord. of May 10, 2016)

Sec. 70-146. – Limitation on applications.

No application for a special use permit shall be accepted for any lot within one (1) year of the application date for any previously submitted, withdrawn, or denied special use permit application for the same lot. This section however shall not prohibit the board of supervisors from proposing a special use permit by way of their own motion.

 

(Ord. of May 10, 2016)

Sec. 70-147. – Appeal.

Any person aggrieved by a board decision to approve, modify, deny, or revoke a special use permit may file an appeal in the circuit court within thirty (30) days of the date of the board action.

(Ord. of May 10, 2016)

Secs. 70-148–70-165. – Reserved.

 

DIVISION 6. – SPECIAL EXCEPTIONS

Sec. 70-166. – Generally.

For the purposes of this chapter, the terms special exception and special use permit are interchangeable. Special exceptions are considered special uses which constitute minor deviations from certain existing ordinance requirements, where specifically authorized in this chapter. Special exceptions shall have the same administrative and procedural requirements as special use permits, as specified by Division 5 of this Article. However, applications for special exceptions shall only necessitate a public hearing by the board of supervisors, unless the board refers an application to the planning commission for their review and recommendation.

(Ord. of May 10, 2016)

Secs. 70-167–70-190. – Reserved.

 

DIVISION 7. – ZONING MAP AMENDMENTS

Sec. 70-191. -Generally.

The board of supervisors may change the zoning classification of one or more properties, or part(s) thereof, whenever the public necessity, convenience, general welfare, and/or good zoning practice gives need for such action, and whereby a determination of general conformance with the comprehensive plan is found. The planning commission shall hear and provide recommendations on all zoning map amendments, and shall consider these bases when formulating its recommendations. Zoning map amendments may be initiated by the board of supervisors, planning commission, or by the property owner.

(Ord. of May 10, 2016)

Sec. 70-192. – Reserved

Sec. 70-193. – Conditional zoning.

(a) Authority to accept proffers. The board of supervisors is authorized to accept proffers in conjunction with an owner-initiated zoning map amendment pursuant to § 15.2-2296 – 2303 of the Code of Virginia.

(b) Purpose. Proffers (i.e. voluntary conditions submitted by the applicant) are intended to provide for the orderly development of land in situations where a more flexible and adaptable regulatory mechanism is needed to adequately address impacts to the community and locality arising from a proposed zoning map amendment. Such conditions are generally intended to be unique to the property while supplementing the underlying zoning district regulations, and carry the same applicability and enforceability as such.

(c) Form. All proffers to be volunteered shall be in writing and shall be signed by the applicant. Such proffered conditions shall be made on a standard form approved by the county attorney.

(d) Submittal. Proffers may be submitted in conjunction with an application for a zoning map amendment at any time prior to the public hearing by the board of supervisors. The applicant may amend said proffers as so desired during that timeframe. The board may, at its sole discretion, accept proffer amendments once the public hearing has begun, provided the changes do not materially affect the proposal.

(e) Acceptance and effect. The board may accept proffers in their entirety, only accept certain proffers, and/or accept portions thereof. Once accepted in conjunction with an approved zoning map amendment, the proffers shall remain in full force and effect unless a subsequent amendment to said proffers is approved or the zoning classification is changed.

(f) Amendments to accepted proffers. Once accepted by the board in conjunction with an approved zoning map amendment, proffers may only be further amended via a subsequent owner-initiated zoning map amendment. An application to amend proffers shall be subject to procedural requirements under Sec. 70-194. However, no further recommendation by the planning commission shall be required unless the board refers the proposed proffer amendment to the commission for a public hearing and recommendation. In consideration of an application to amend proffers, the board may, at its sole discretion, waive the public hearing requirement if it determines the proposed amendments do not materially affect conditions relating to allowable uses or density.

(Ord. of May 10, 2016)

Sec. 70-194. – Application submittal requirements and review.

Application submittal requirements and review procedures for an owner-initiated zoning map amendment shall be the same as those for special use permits, as prescribed in Sec. 70-145. Additionally, the owner may choose to volunteer proffers in conjunction with the application, pursuant to Sec. 70-193.

(Ord. of May 10, 2016)

Sec. 70-195. – Limitation on applications.

No application for an owner-initiated zoning map amendment shall be accepted for any lot within one (1) year of the application date for any previously submitted, withdrawn, or denied application. This section however shall not prohibit the board of supervisors from initiating a zoning map amendment by way of their own motion.

(Ord. of May 10, 2016)

Sec. 70-196. – Notice and hearing required.

No action to approve or deny a zoning map amendment or amendment to previously-approved proffers may be taken by the board except after notice and hearing as provided in the Code of Virginia, § 15.2-2204. The Planning Commission shall hear and provide recommendations on all proposed zoning map amendments.

(Ord. of May 10, 2016)

Sec. 70-197. – Appeal.

Any person aggrieved by a board decision to approve or deny a zoning map amendment or proffer amendment may file an appeal in the circuit court within thirty (30) days of the date of the board action.

(Ord. of May 10, 2016)

Secs. 70-198–70-210. – Reserved.

 

DIVISION 8. – ZONING TEXT AMENDMENTS

Sec. 70-211. – Intent.

Pursuant to Code of Virginia, § 15.2-2285, the board of supervisors may amend, supplement, change, modify or repeal the regulations, restrictions and boundaries established in this chapter, as provided in this division.

(Ord. of 5-2-1996, § 1701)

Sec. 70-212. – Initiation.

Whenever the public necessity, convenience, general welfare or good zoning practice requires, the board of supervisors may, by ordinance, amend or repeal the text of this chapter. Such amendments may be initiated by the board of supervisors or the commission, or by a property owner in accordance with procedural requirements and application requirements established by the board of supervisors.

(Ord. of 5-2-1996, § 1702, Ord. of May 10, 2016)

Sec. 70-213. – Report by the planning commission.

Upon initiation to amend the zoning ordinance, the planning commission shall advertise and hold a public hearing pursuant to Code of Virginia, § 15.2-2204 and report to the board of supervisors its recommendation with respect to the proposed amendment.

(Ord. of 5-2-1996, § 1703; Ord. of 10-12-1999, Ord. of May 10, 2016)

Sec. 70-214. – Board of supervisors public hearing.

Before adopting any amendment, the board of supervisors shall hold a public hearing on the amendment, pursuant to Code of Virginia, § 15.2-2204, after which the board of supervisors may make appropriate changes or corrections in the proposed amendment.

(Ord. of 5-2-1996, § 1704, Ord. of May 10, 2016)

Sec. 70-215. – Minimum period for refiling denied applications.

If the board of supervisors shall deny the petition of any property owner, substantially the same petition shall not be reconsidered for a period of one year from the original decision by the board of supervisors unless a change in conditions warrants rehearing.

(Ord. of 5-2-1996, § 1705)

Sec. 70-216. – Withdrawal of petitions.

Any petition filed pursuant to this division may be withdrawn upon written request by the applicant provided that, if the request for withdrawal is made after publication of the notice of hearing, such withdrawal shall be only with the consent of the planning commission or the board of supervisors, whichever body has advertised the hearing.

(Ord. of 5-2-1996, § 1706)

Sec. 70-217. – Fees.

There shall be a charge for the filing, examination, advertising and conducting public hearings by the agent, commission and board of supervisors. Fees shall be established by the board of supervisors and shall be paid at the time of filing. Application fees are waived for the county school board or any agency, board, division or commission acting in the name of the board of supervisors.

(Ord. of 5-2-1996, § 1707)

Secs. 70-218–70-240. – Reserved.

 

CHAPTER 70 – ZONING

Sec. 70-1. – Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All terms used in this chapter that are defined in § 15.2-2201, VA Code Ann. shall be construed as having the meanings set forth in that section.

Accessory Apartment means a completely independent, standalone dwelling unit located on the same lot as the single-family dwelling to which it is accessory, and which is subject to the following:

1) The gross square footage of the accessory apartment shall not exceed 800 (excluding unconditioned basements and other unconditioned, attached exterior spaces);

2) The accessory apartment shall not exceed the gross square footage of the primary dwelling to which it is accessory;

3) The accessory apartment shall not contain more than two (2) bedrooms; and

4) No lot shall contain more than one (1) accessory apartment.

Accessory use or structure means a secondary and subordinate use or structure customarily incidental to, and located upon the same lot occupied by, the main use or structure.

Administrator, zoning, means the official designated by the board of supervisors to have the powers and duties of interpreting and enforcing this chapter.

Adult-oriented business means any business where a substantial proportion of the compensation is derived from display or sale of merchandise, viewing of photographs or motion pictures, performance of dances or dramas, or participation in activities, characterized by exposure of human genitals or real or simulated sex acts.

Agriculture means the tilling of soil, the raising of crops, horticulture, forestry and husbandry, including the keeping of animals customarily raised on farms. The term includes dairies, orchards, wholesale nurseries, and farm wineries / limited (i.e. farm) breweries / limited (i.e. farm) distilleries pursuant to the Code of Virginia, but shall not include packing plants, retail nurseries, wayside stands or keeping of animals not customarily raised on farms. Industrial processing of agricultural products, including a sawmill, may be an accessory use to a farm but shall not be considered agriculture if it is the principal use of the property.

Agritourism means any activity carried out on a farm that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate, but does not include commercial competitions. The commercial hosting of weddings, corporate retreats, celebrations and other similar events within facilities dedicated for such uses is considered agritourism if the parcel on which they are hosted is of a bona fide agricultural use.

Automobile graveyard means any lot or place which is exposed to the weather and upon which more than five inoperable and unlicensed motor vehicles are stored for an indefinite period of time.

Bed and breakfast inn means any establishment, having no more than 15 guestrooms or suites offering to the public, for compensation, transitory lodging for 30 or fewer consecutive days and offering at least one meal per day, which may but need not be breakfast, to each person to whom overnight lodging is provided. A manager, which may be the property owner, must reside within the building or one of the buildings on the parcel(s) and shall make themselves present and available as long as guests are staying on the premises. Food service facilities shall only be utilized for guests and/or in connection to the use (e.g. catering for on-site events), unless otherwise permitted as a special use. A bed and breakfast inn shall be considered a principal use.

Brewery means any establishment engaged in the production and packaging of fermented, non-distilled alcoholic beverages (e.g. beer and cider) for distribution, retail, or wholesale purposes, meeting all laws related to alcoholic beverage control. A brewery may provide on-site tastings and samples to patrons, and provide for on-site retail sales.

Building means any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or property.

Building materials sales establishment means a retail or wholesale store of up to sixty-thousand (60,000) square feet in which lumber, millwork, masonry products, tile, stone, soil and other bulk landscaping materials, fencing, plumbing, electrical, paint, roofing, and other similar materials are sold which are used to construct or maintain structures and accessory facilities. Such an establishment is separate from a large retail use and does not include the sale of appliances, home furnishings, decorations, and other similar consumer goods.

Camp means an area containing not less than ten acres, owned and/or operated privately for profit or by a charitable, religious or civic organization, where patrons are provided seasonal/temporary lodging in permanent structures and where instruction in outdoor activities, crafts, sports, religious retreat activities, and similar pursuits is furnished.

Campground means an area containing five acres or more of land designed or used to accommodate paying guests in tents designed for single families or travel trailers owned by the guests.

Canopy means a structure, consisting only of a roof supported by columns or posts, erected over gasoline pump islands or similar fixtures, for the purpose of protecting such fixtures or their users from inclement weather. This definition does not include any building with walls, or any structure that would impede the vision of motorists or pedestrians, or any structure that blocks important scenic vistas or views.

Cemetery means a place for burial of the dead where lots are sold and perpetual care of the graves is furnished.

Civic organization means a community oriented service organization which includes, but is not limited to, non-profit organizations, churches, clubs and other groups or associations that benefit local residents by promoting projects, services and volunteer activities and fellowship.

Cluster means the grouping of single-family dwellings in order to preserve open space.

Cluster development means the entire development, including both the cluster of single-family dwellings and the reserved area of open space.

Commercial kitchen or smokehouse means an operation, utilizing 10,000 square feet or less, which prepares or stores food, including smokehouses, for off-site sales, consumption, and distribution to persons of the same business operation or of a related off-site business operation for service to the public. An example includes operations preparing or storing food for catering services.

Commercial Recreational Use means a property and/or facility used for commercial sports or amusement operations under the following categories:

Indoor: Such as bowling, skating, swimming, therapeutic activities, athletic courts and related facilities, paintball, laser tag, shooting ranges and the like. This does not include facilities having amusement rides or any use involving motorized vehicles.

Outdoor, non-vehicular: Such as golf driving ranges, golf courses, miniature golf, batting cages, paintball, athletic courts and related facilities, pools, commercial competitions, and the like. This does not include fairgrounds, camps, amusement rides, shooting ranges, regular live entertainment or farm enterprises.

Outdoor, vehicular: Such as go-carts, race tracks and the like. This does not include motorized watercraft.

Commission, the, means the planning commission of the county.

Contractor’s shop means an establishment primarily engaged in the on-site or off-site provision of services for the construction, maintenance, cleaning, or repair of buildings, building components, and properties on a fee or contractual basis. Such services may include, but are not limited to, plumbing, electrical, heating and air conditioning, landscaping, roofing, painting, general construction, and landscaping.

Country club means any operation that provides facilities for golf, tennis or swimming to its private membership.

Cultural Use means a property and/or facility that is used for the commercial practice and furthering of the arts and sciences, or continual display and promotion of items or events related to anthropological, historical or intellectual achievements. Cultural uses include, but are not limited to, theaters, studios, artist retreats, libraries, museums, galleries, botanical/zoological gardens and the like.

Data center means a facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations.

Distillery means a facility engaged in the production and packaging of distilled alcoholic beverages for distribution, retail, or wholesale purposes, meeting all laws related to alcoholic beverage control. A distillery may provide on-site tastings and samples to patrons, and provide for on-site retail sales.

Dwelling, multifamily, means a building consisting of three or more dwelling units separated by floors or party walls with no openings.

Dwelling, single-family, means a building consisting of one dwelling unit. The term includes site-built, precut, panelized, modular and prefabricated houses but does not include mobile or manufactured homes. Pursuant to Code of Virginia, § 15.2-2291, a single-family dwelling shall include group homes.

Dwelling, two-family, means a building consisting of two dwelling units, in either a side-by-side or over-and-under arrangement, separated by floors or party walls with no openings. An over-and-under arrangement may only be permitted on a lot served by a public road.

Dwelling unit means one or more rooms in a building designed or used as a place of residence for one household.

Existing dwelling, means, for the purpose of article VIII of this chapter, a dwelling that is occupied, or for which a building and zoning permit has been issued, or that has been occupied for a three-year period within the preceding five years at the time a completed application for an intensive livestock, dairy or poultry facility is received by the zoning administrator.

Existing intensive livestock, dairy or poultry structure means an intensive livestock, dairy or poultry structure that has been in operation for one year within the five years immediately preceding the date on which a building or zoning permit is sought for a dwelling.

Family or immediate family means a person’s natural or legal grandparents, parents, siblings, spouse, children or grandchildren.

Farm means a parcel of land not less than five acres which is actively used for the commercial, soil-dependent cultivation of agricultural crop production and/or for the raising of livestock and which generates at least $1,000.00 per year in gross sales.

Farm enterprise means an agricultural or silvicultural based process, activity or business use of a property that is subordinate to and conducted in conjunction with an ongoing bona fide agricultural, horticultural, aquacultural or silvicultural operation, pursuant to § 3.2-300, VA Code Ann. Activities of a farm enterprise may include the following uses: secondary processing and sale of agricultural, horticultural, aquacultural or silvicultural products grown or raised on-site. Other permitted uses include farm tours, petting, feeding and viewing of farm animals, hayrides, crop mazes, animal walks, horse and pony rides, and carriage rides.

Farm or food products means any agricultural, horticultural, forest or other product of the soil or water, including fruits, vegetables, eggs, dairy products, meat and meat products, poultry and poultry products, fish and fish products, grain and grain products, honey or similar items, nuts, maple and sorghum products, apple cider, fruit juice, wine, ornamental or vegetable plants, nursery products, livestock feed, or baked goods.

Farmer’s market means a space where locally grown produce and hand-crafted goods are sold by multiple vendors to the general public, not including wholesale or bulk sales to commercial enterprises.

Farm stand means a permanent accessory structure with a maximum floor area of 1,000 square feet dedicated to that use. A farm Stand may be contained within a larger accessory structure (e.g., agricultural building), but the farm stand must not exceed the 1,000 square feet gross floor area and shall be used solely for the purpose of sales of on-site farm or food products as defined, and which is clearly a secondary use of the premises and does not change the character thereof.

Flea market means any indoor or outdoor facility for the renting of space or the sale of merchandise.

Frontage means the measurement of a lot from one side lot line to the other, parallel to a segment connecting the endpoints of the front lot line, either at the front lot line or at the required building setback.

Garage, private, means an accessory building designed or used for the storage of automobiles owned and used by the occupants of the building to which it is accessory.

Garage, public, means a building or portion of a building, other than a private garage, designed or used for servicing, repairing, equipping, renting, storing or selling motor vehicles in return for compensation.

Graveyard means a place for burial of the dead, set aside and maintained by a family.

Group home means a residential facility in which no more than eight mentally ill, mentally retarded, developmentally disabled, aged, infirm or disabled persons reside with one or more resident counselors or other staff persons.

Height means the vertical distance from the highest grade elevation adjoining a structure to the highest point of the structure.

Home enterprise means any occupation conducted within a dwelling unit or accessory structure(s), such as a garage or a barn, along with the incidental use of adjacent land, in which all of the following conditions are met:

  1. The business owner resides on the premises.
  2. No more than four (4) non-family employees work on-site at a time (employees who report to the site for job assignment and staging purposes in preparation for off-site activity do not count toward this number).
  3. The parcel size is a minimum of two (2) acres of Agricultural zoned land.
  4. Retail sales conducted on the premises are not the primary purpose or function of the business.
  5. Total vehicle trips per day will generally not exceed twenty-five (25).
  6. All parking will be situated on the interior of the property and not along any public road or property line.
  7. Any mechanical equipment that produces sound levels in excess of fifty (50) decibels, such as air compressors and air guns, will be confined to interior use.
  8. Except for one (1) sign, there is no evidence during non-business hours that would indicate from the exterior that the building and/or land is used for purposes not generally found in the Agricultural district.
  9. If there is more than one (1) home enterprise on a single parcel, the numerical limitations listed above in lines 2, 5, and 8 will apply cumulatively, i.e.: a total of four (4) nonfamily employees and one (1) sign for all home enterprises combined.
  10. The following uses are specifically prohibited from permitted home enterprises:
    1. Vehicle or equipment rental.
    2. Camps and campgrounds.
    3. Adult-oriented businesses.
    4. Veterinary services (not including pet grooming).
    5. Animal rescues/kennels.
    6. Recreational uses.
    7. Medical offices.
    8. Junkyards.
    9. Salvage operations.
    10. Convenience stores.

Home occupation means any occupation conducted within a dwelling unit, in which all of the following conditions are met:

  1. The business owner resides on the premises.
  2. No more than one (1) non-family employee works on-site at a time.
  3. Retail sales conducted on the premises are not the primary purpose or function of the business.
  4. Total vehicle trips per day will generally not exceed ten (10).
  5. All parking will be situated on the interior of the property and not along any public road or property line.
  6. Any mechanical equipment that produces sound levels in excess of fifty (50) decibels, such as air compressors and air guns, will be confined to interior use.
  7. Except for one (1) sign, there is no evidence during non-business hours that would indicate from the exterior that the building is used for non-residential purposes.
  8. If there is more than one (1) home occupation on a single parcel, the numerical limitations listed above in lines 2, 4, and 7 will apply cumulatively, i.e.: a total of one (1) nonfamily employee and one (1) sign for all home occupations combined.
  9. The following uses are specifically prohibited from permitted home occupations:
    1. Vehicle or equipment rental.
    2. Camps and campgrounds.
    3. Adult-oriented businesses.
    4. Veterinary services (not including pet grooming).
    5. Animal rescues/kennels.
    6. Recreational uses.
    7. Medical offices.
    8. Junkyards.
    9. Salvage operations.
    10. Convenience stores.

Hotel or motel means a building containing 13 or more guest rooms or suites where lodging is provided for 30 or fewer days for compensation.

Inoperable motor vehicle means any motor vehicle incapable of being operated and which, if it were made operable, would have a value less than the cost of making it operable; provided that any motor vehicle not bearing current county or state registration sticker or plates shall be conclusively presumed to be an inoperable motor vehicle.

Institutional Use means a property and/or facility that is used for nonpublic education, assisted living and group homes containing greater than 8 clients/occupants, family day homes serving greater than 5 children, and the like. This does not include vocational training facilities or places of worship and those uses customarily accessory to them.

Intensive livestock, dairy or poultry facility means a livestock, dairy or poultry operation where, for a period of 45 consecutive days or more, 300 or more animal units are closely confined and not free-ranging, and are fed in the area of confinement. For the purpose of this chapter, 300 animal units shall be equivalent to any of the following, or any combination where the animals are confined in one location:

Livestock 300 slaughter or feeder cattle

Livestock 750 swine each weighing over 100 pounds

Livestock 150 horses

Livestock 3,000 sheep or lambs

Dairy 200 mature dairy cows, milked or dry

Poultry 16,500 turkeys

Poultry 30,000 laying hens or broilers

Intensive livestock, dairy or poultry structure means a building, structure or site used in the operation of an intensive livestock, dairy or poultry facility, including but not limited to litter storage sites, incinerators, manure storage sites, poultry houses, poultry disposal pits, or dead poultry cold storage chests. The term shall not include structures that are used only indirectly in the operation of the facility.

Junkyard means the use of any area of more than 200 square feet of land for the buying, selling, storing or abandoning junk or scrap materials. The term shall include the term “automobile graveyard.”

Kennel, boarding, means a place designed or used to house, feed, train or otherwise handle dogs or cats not belonging to the owner or occupant, in return for compensation.

Kennel, breeding, means a place designed or used to house more than five female dogs or cats, and from which young from more than two litters are sold in any calendar year.

Laboratory means an establishment devoted to research, testing, and development of new products and substances, the process for which involves controlled experimentation, specialized machinery, and/or specialized processes. Included in this definition are medical laboratories engaged in professional analytic and diagnostic services and/or the manufacture of custom prosthetics and medical devices.

Landfill means a publicly-owned, engineered land burial facility used for the purpose of disposing of solid waste which is operated and maintained such that it poses no substantial threat to the environment or to public health, safety, and general welfare.

Limited manufacturing means uses listed within the following groups in the Standard Industrial Classification manual: manufacturing apparel and textiles, printing and publishing, manufacturing electronic and electric equipment, manufacturing instruments and related products, and miscellaneous manufacturing.

Livestock means all domestic or domesticated bovine animals, such as cattle; equine animals, such as horses; bovine animals, such as sheep; and porcine animals, such as hogs.

Lot means a parcel of land having fixed boundaries, recorded by the clerk of the circuit court as an individual unit of real estate for the purpose of ownership, conveyance or taxation.

Lot, corner, means a lot having two adjacent sides abutting on streets.

Lot, double-frontage, means a lot having two nonadjacent sides abutting on streets.

Machine shop means a commercial facility in which solid raw materials are formed into a desired final shape and size via a controlled material-removal or subtractive manufacturing process.

Manufactured home means a structure, subject to federal regulation, which is transportable in one or more sections, which in the traveling mode is eight body feet or more in width and 40 body feet or more in length, or when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure.

Manufactured home park means any area approved as a manufactured home park by the board of supervisors pursuant to article VII of this chapter.

Manufacturing means processing raw materials or unfinished products into finished products.

Materials recovery facility means an operation engaged in the removal and/or reclamation of recyclable materials from solid waste and other previously-manufactured items.

Microbrewery means a brewery, other than a limited (i.e. farm) brewery as defined in the Code of Virginia, which produces no more than fifteen thousand (15,000) barrels of fermented, non-distilled alcoholic beverages per calendar year.

Microdistillery means a distillery, other than a limited (i.e. farm) distillery as defined in the Code of Virginia, which produces no more than thirty-six thousand (36,000) gallons of distilled alcoholic beverages per calendar year.

Mining means the process by which coal, sand, gravel, minerals or ore is removed from any open pit or any underground workings and produced for sale, exchange or commercial use and all shafts, slopes, drifts, or inclines leading to such location and including all buildings, structures, and equipment above and below the surface of the ground used in connection with such process. Quarrying shall be within the definition of mining. Mining shall include all ground-disturbing exploratory activities designed to determine the presence of coal, sand, gravel, minerals or ore, including but not limited to excavation, drilling or boring; however, mining shall not include the drilling or boring of wells for the purpose of obtaining water.

Mobile home means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width and 40 body feet or more in length, or when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.

Mobile home park means any area approved as a mobile home park by the board of supervisors prior to the enactment of article VII of this chapter and designed to accommodate three or more mobile homes.

Nature preserve means land undisturbed from or returned to its natural state with no improvements other than unpaved paths for walking, hiking, horseback riding or non-motorized bicycle riding.

Non-profit organization means a non-profit organization incorporated under the provisions of section 501(c)(3) of the federal code.

Nonconforming lot means a lot that existed lawfully prior to the adoption or amendment of this chapter but fails, by reason of such adoption or amendment, to conform to the minimum area or frontage requirements of this chapter.

Nonconforming structure means a structure that existed lawfully prior to the adoption or amendment of this chapter but fails, by reason of such adoption or amendment, to conform to the setback, yard, height or other requirements of this chapter.

Nonconforming use means a use of a structure or lot that existed lawfully prior to the adoption or amendment of this chapter, but is not permitted by this chapter.

Office means an establishment primarily engaged in providing professional, financial, administrative, clerical and other similar services.

Office Building means a structure containing multiple office uses.

Operator means any person who owns or operates an intensive livestock, dairy or poultry facility, or the land on which it is located.

“Outdoor Power Equipment Motorcycle. All-Terrain Vehicle. Watercraft Repair and Storage” means an establishment engaged in the restoration, service, repair, and storage of non-automobile motorized vehicles including outdoor power equipment, farm equipment, motorcycles, all-terrain vehicles, boats and other watercraft. All repair, service, and restoration work must be conducted within an approved building structure. Long-term (more than 30 days) storage of vehicles must be located within an approved building structure or in screened location approved by the Zoning Administrator.

Poultry means any domestic or domesticated fowl raised for meat or eggs; including but not limited to chickens and turkeys.

Printing and publishing facility means an establishment engaged in the production of printed and digital media such as, but not limited to, books, magazines, newspapers, architectural drawings, engravings, music, photos, and movies.

Public or community water or sewer systems means a water or sewer system owned and operated by a municipality, a public service authority, or an individual, partnership or corporation licensed by the state corporation commission and approved by the board of supervisors.

Public utility means any company which owns or operates facilities within the Commonwealth of Virginia for the generation, transmission or distribution of electric energy for sale, for the production, storage, transmission, or distribution, otherwise than in enclosed portable containers, of natural or manufactured gas or geothermal resources for sale for heat, light or power, or for the furnishing of telephone service.

Pyrotechnics testing/manufacturing means the operations of non-profit entity engaged in the production and testing of fireworks. whereby the entity is licensed and regulated pursuant to 18 U.S.C. Chapter 40.

Residential facility means any group home or other residential facility for which the department of mental health, mental retardation and substance abuse services is the licensing authority pursuant to the state law.

Restaurant means an establishment that serves food and beverages primarily to persons seated at tables or counters within the buildings. This includes those establishments that offer quick food service through a limited menu of items already prepared and held for service.

Retail store means a building or group of buildings designed or used for display and sale of merchandise, or for the rendering of personal services, to the general public, such as a drugstore, gift shop, hardware store, furniture store, florist, optician, barbershop, or print shop.

Retail use, large means any large retail single occupant building or unit used for retail purposes where the primary occupant controls space exceeding 60,000 square feet in gross floor area located in a free standing building and may be included or be a part of a shopping center, possibly sharing parking areas and vehicular travel ways with other buildings or uses and which may be connected by walkways and access ways to other buildings or uses.

Road means a public thoroughfare which provides access to abutting property. The term includes terms such as alley, avenue, boulevard, court, drive, lane, street and way.

Salvage operation means the use of a lot or structure for collection and storage of inoperable motor vehicles, machinery or other similar materials, for the purpose of reclaiming and selling parts, from which the vehicles, machinery or materials are removed after reclamation of the parts.

Self-storage facility means a building or group of buildings, having controlled access, which contain individually-leasable and individually-accessible units for the general safe keeping of items by lessees. A self-storage facility may have a single dwelling unit with an interior floor area no larger than six-hundred (600) square feet, attached to a main office, for a resident manager.

Setback means the minimum distance by which any structure shall be separated from the right-of-way of a primary highway; or from the front line of a lot that adjoins a secondary road, subdivision street or private road; or from the centerline of certain secondary roads; or from any side or rear property line. The setback distance shall be measured to the foundation line of all existing and proposed structures; however, no such structure shall have an overhang encroaching more than three feet into the setback unless approved by variances or special exception.

Shoreline, normal, means the area immediately adjacent to any state water, including lakes, ponds and streams. More specifically, the line where open waters abut wetlands or fastlands during nonflood and nondrought periods.

Short-term Lodging Facility means a portion of an owner-occupied dwelling unit and/or an accessory dwelling unit on 1 parcel in which, for compensation, lodging is provided for 14 or fewer consecutive days in 4 or fewer guest rooms or suites. The property owner must make themselves present and available as manager as long as guests are staying on the premises, and food service and meals shall not be provided to guests or the general public. A short-term lodging facility shall be considered accessory to the property’s principal residential use and shall not detract from the character of that use.

Sign means any display of letters, numerals, symbols, or combinations, visible from a public right-of-way, for the purpose of making anything known. The following are excluded from this definition provided they do not have commercial connotations: directional signs, flags or insignia of governments, displays erected by government agencies, architectural features, memorial cornerstones, and commemorative plaques.

Sign, building, means any sign that is permanently attached to a building wall and does not extend beyond the side or top of such wall, except in commercial and industrial zoning districts. The term includes wall, window, marquee, bulletin board, changeable copy, and projecting signs, except for traffic control signs.

Sign, digital, means any portable or permanent sign or part of a sign on which characters, letters or images can be changed or rearranged electronically by light, digital LED or other display.

Sign, monument means any free-standing sign, other than a pylon sign, erected on the existing grade or on a solid base constructed of durable materials which is visually integral to the design of the sign.

Sign, off-site, means a sign that directs attention to a product or service not available on the premises on which the sign stands.

Sign, on-site, means a sign that directs attention to a product or service available on the premises on which the sign stands.

Sign, portable or mobile, means any sign which is not permanently attached to the ground or a permanent structure, such as trailer signs, sandwich boards, posters and banners.

Sign, pylon, means any sign supported by one or more posts permanently set in the ground.

Sign, temporary, means a sign applying to a seasonal or brief activity such as a political campaign, summer camp, horse show, or auction that is displayed for a short period of time and then removed.

Sign area means the total area of a sign within a perimeter enclosing the display, together with any material or color which is an integral part of the display or which is used to differentiate the display from the background against which it is placed. If both sides of a single structure are used for signs, only one side shall be counted.

Story means that portion of a building, other than a basement or attic, between the surface of any floor and the floor next above it, or if there is no floor above it, between the floor and the ceiling above it.

Stream means any flowing body of water defined on the USGS 7.5-minute topographic quadrangle maps with a solid blue line.

Street, private, means any road, street, highway or other means of vehicular access to a parcel of land not dedicated or intended for public use.

Structure means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. The term does not include modifications of the ground (such as paving or gravel), any object below the ground, fences, retaining walls, mailboxes or lawn ornaments.

Variance means a relaxation of the terms of this chapter granted by the board of zoning appeals.

Vocational Training Facility means a privately-operated, post-secondary school providing education and/or training for a specific occupation, business, trade, or profession, but excludes accessory residential uses, establishments providing training for a use that is not otherwise permitted in the zoning district, and paramilitary-type training facilities.

Waters of the state means all waters on the surface and under the ground wholly or partially within or bordering the commonwealth or within its jurisdiction.

Wayside stand means any temporary or portable structure not exceeding 500 square feet used for the sale of, by the owner or his family or tenant, on-site farm or food products as defined herein, which is clearly a secondary use of the premises and does not change the character thereof.

Yard means a space on a lot free of structures from the ground upward, provided that steps, landings, patios, and similar structures shall not be considered to obstruct a yard if they are less than 30 inches above the ground.

Yard, front, means a yard between a building and the lot line adjoining the road, extending across the full width of the lot. For corner lots the front shall be the shorter of the two sides fronting on streets.

Yard, rear, means a yard between a building and the rear lot line, extending across the full width of the lot.

Yard, side, means a yard between a building and the lot lines that intersect the front lot line, extending from the front yard to the rear yard.

(Ord. of 5-2-1996, §§ 1900—1964.03; Ord. of 8-11-1998, §§ 1919, 1929, 1960, 1964; Ord. of 5-8-2001; Ord. of 6-26-2007; Ord. of 6-10-2008(3); Ord. of 3-9-2010; Ord. of 6-28-2011(6); Ord. of 7-12-2011(2); Ord. of 7-26-2011; Ord. Of 11-13-2013; Ord. of 04-14-2015; Ord. of 08-11-15; Ord. of 03-08-16; Ord. of 06-14-16; Ord of 03-13-2018Ord. of 04-10-2018)

Sec. 70-2. – Intent.

The general assembly in § 15.2-2280 et seq., VA Code Ann., has authorized boards of supervisors in counties to adopt zoning ordinances, dividing the unincorporated areas of counties into districts to:

(1) Regulate the use of lands and structures; the size, height, area, bulk, location, construction, alteration and removal of structures; the areas and dimensions of land, water and air space to be occupied by structures; the minimum size of yards, courts and other open spaces; and mining of natural resources, in order to promote the health, safety or general welfare of the public;

(2) Provide for adequate light, air, convenience of access, and safety from fire, flood, failure of impounding structures, crime and other dangers;

(3) Reduce or prevent congestion in the public streets;

(4) Facilitate the creation of a convenient, attractive and harmonious community;

(5) Facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports, and other public requirements;

(6) Protect against destruction of or encroachment upon historic areas;

(7) Protect against overcrowding of land or undue population density;

(8) Encourage economic development activities that provide desirable employment and increase the tax base;

(9) Preserve agricultural and forestal lands and protect the natural environment;

(10) Promote affordable housing;

(11) Provide for amendments and changes;

(12) Require county planning commissions to perform certain duties;

(13) Permit the appointment and prescribe the powers and duties of county boards of zoning appeals; and

(14) Provide methods for enforcement of this chapter and penalties for its violation thereof.

(Ord. of 5-2-1996, preamble; Ord. of 6-28-2011(7))

Secs. 70-3—70-35. – Reserved.