Code of Ordinances

Division 9 – Utility Scale Solar Energy Farm

( Adopted 06-15-2020)

§19.6-97.1 Applicability, permitting

The requirements set forth in this section govern the siting, development, construction, installation, operation, and decommissioning of utility scale solar energy facilities in the county. A Conditional Use Permit (CUP) is required for each utility scale solar energy farm proposed to be constructed, installed, or operated in the county. Small scale solar energy arrays and associate apparatus used for individual residential dwellings, not connected to the electrical grid, shall be considered an accessory use to the principal dwelling and permitted as such.

§19.6-97.2 Applications and Required Information for a Utility Scale Solar Energy Farm

In addition to the material required for a Conditional Use Permit petition, applications for utility scale solar energy facilities (farms) shall include the following information:

1. Project Narrative: A narrative identifying the applicant, facility owner, property owner, and the operator of the facility. The narrative should include an overview of the project and its location, the size of the site and the project area; the current use of the site, the estimated time for construction, including a proposed date for commencement of construction; the maximum rated capacity of the facility; the approximate number, types and expected footprint of the solar equipment to be constructed to include photovoltaic panels, ancillary facilities, fencing, buffering, where the electricity generated at the facility will be transmitted, and the location of the proposed electrical grid interconnection.
2. Site Development Plan: A site development plan of a scale and specification, in accordance with the requirements found in the Conditional Use Permit application shall be submitted with the application. Additional information may be required, as determined by the Zoning Administrator, such as scaled elevation view or other supporting drawings, photographs of the site, photographic simulations or modeling of the proposed solar energy facility, specifically from sensitive locations, as deemed necessary by the Zoning Administrator, aerial imagery or other mapping of the site or any other technical report necessary for the proper review of the Conditional Use Permit petition. If the petition is granted, then a full site development plan shall be required in accordance with the regulations found elsewhere in this ordinance.
3. Documentation of right to use property for the proposed facility: Documentation shall include proof of control over the proposed site or possession of the right to use the proposed site in the manner requested. Any sensitive financial or confidential information may be redacted.
4. Decommissioning plan; security
   1. The applicant shall provide a detailed decommissioning plan that provides procedures and requirements for removal of all parts of the solar energy generation facility and its various structures at the end of the useful life of the facility or if it is deemed abandoned or unsafe. The plan shall include the anticipated life of the facility, the estimated overall cost of decommissioning the facility in current dollars, the methodology for determining such estimate, and the manner in which the project will be decommissioned. The decommissioning plan and the estimated decommissioning cost shall be update every five (5) years, from the date of the certificate of occupancy or upon request of the Zoning Administrator; however, the updated costs shall be no more than twice every ten (10) years.
   2. Prior to receiving a certificate of occupancy to begin operation, the applicant must provide security in the amount of the estimated cost of the decommissioning. Options for security shall include a cash escrow, a performance surety bond, or an irrevocable letter of credit. The security must remain valid until the decommissioning obligations have been met. The security may be adjusted up or down by the county if the estimated cost of decommissioning the facility changes. The security must be renewed or replaced, if necessary, to account for any changes in the total estimated cost of decommissioning if deemed by the updated estimates. Security is a mandatory condition of all conditional use permits for utility scale solar energy farms.
   3. The decommissioning plan, cost estimates, and all updates to plans and estimates shall be sealed by a professional engineer licensed to do business in the Commonwealth of Virginia.
5. Economic Analysis: An economic impact analysis, prepared by a qualified third-party that reports any expected change in the value of the subject property, expected employment during the construction of the facility, any expected impact on the county’s tax revenues, the estimated costs to the county associated with the facility in the form of additional services, and information on any other economic benefits or burdens from the project.
6. Environmental Protection and Product Safety: All utility scale solar energy farms shall incorporate generally accepted national environmental protection and product safety standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) projects, such as those developed for existing product certifications and standards including the National Sanitation Foundation/American National Standards Institute No. 457, International Electrotechnical Commission No. 61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No. 61730-2.
7. Review fees: The county may retain qualified third-parties to review portions of the conditional use permit petition or the site development plan that are outside of the county’s areas of expertise and do not have adequate state and federal review. Any costs incurred by the county for such review by qualified third-parties shall be bill to the applicant and must be paid in full prior to the issuance of a certificate of occupancy.
8. Community meeting: A public meeting shall be held prior to the county’s public hearing with the Planning Commission to give the community the opportunity to hear from the petitioner and ask questions regarding the proposed facility. The meeting shall be held at a location within a reasonable distance to the project and must be advertised in a newspaper with local circulation for two consecutive weeks prior to the meeting. The petitioner shall provide the Zoning Administrator with the date, time and place of the meeting, a copy of the advertisement, and a summary of any input/comments received from members of the public. Such information shall be provided to the Zoning Administrator no less than seven (7) business days prior to the Planning Commission public hearing.

§19.6-97.3 Visual Impacts, Setbacks, and Buffering

The petitioner shall demonstrate through project siting, and if necessary, through mitigation, that the solar project minimizes impacts to viewsheds from all residential areas, and any areas of scenic, historical, cultural or recreational significance. The following should be adhered to in placement, buffering and/or setback:

1. A vegetative buffer sufficient to mitigate the visual impact of the facility is required along all areas adjacent to public roadways. The buffer shall consist of a one hundred (100) foot wide landscaped strip to include trees, shrubs and other vegetation considered native to the area.  The landscaped strip may be located within the setback area and should run around or near the perimeter fence.  Tree plantings in the buffer strip shall be a minimum of five (5) feet in height at the time of planting, no more than fifteen (15) feet between trees.  Trees may be staggered.  Existing trees and vegetation may be maintained within the buffer areas and may supplement and satisfy landscaping requirements.  An alternative to tree plantings is to construct an earthen berm, minimum height of six (6) feet high.  Berm must be stabilized with native grasses and/or plantings. The landscaped buffer must be maintained in good condition for the life of the project.
2. The solar panel arrays and battery storage facilities shall be set back a minimum of one hundred (100) feet, as measured from all property lines, internal and external, to the project. All other structures or infrastructure shall meet the minimum setback for the underlying zoning district. Solar panel arrays and battery storage facilities shall be set back a minimum of one hundred (100) feet from the edge of water for any stream, creek, pond, lake, or wetland or fifty (50) feet from the 100-year floodplain boundary, whichever is greater.  Existing wells shall be abandoned in accordance with current Virginia Department of Health regulations.
3. The solar panel array area shall be enclosed by a security fence. The fence shall not be less than six (6) feet in height and should be equipped with appropriate anticlimbing devices such as strands of barbed wire at the top.  Fencing should be installed on the interior of the buffer area so that it is screened from adjacent property. The fence shall be maintained in good repair for the life of the project.

(Ordinance of 11/16/2020, 10/16/2022)

§19.6-97.4 Processing of Application

The conditional use permit petition will follow the normal and customary process for such petitions, meaning, a duly advertised public hearing before the Planning Commission, followed by a recommendation, and then a duly advertised public hearing before the Board of Supervisors, followed by final consideration. Petitions are subject to any action afforded any other conditional use permit as enumerated elsewhere in the zoning ordinance.

§19.6-97.5 2232 Review For Utility Scale Solar Energy Farm

In accordance with the Code of Virginia §15.2-2232 et seq, utility scale solar energy farm petitions are subject to review against the county’s Comprehensive Plan. Prior to the petition being considered by the Planning Commission, the Planning Commission shall make a determination as to conformity with the Comprehensive Plan. The 2232 review may be advertised and approved concurrently with the conditional use permit petition.

§19.6-97.6 Unsafe or Abandoned Projects; Decommissioning

1. If the utility scale solar energy facility is determined to be unsafe by the Building Official, then the facility shall be required to be repaired by the facility owner, site owner, or operator. Repairs shall be made in a timely manner as established by the Building Official. Should the repairs not be completed in the timeframe provided, then the owners or operators will be instructed to commence decommissioning in accordance with the approved decommissioning plan.
2. If the facility is not operated for a continuous period of twelve (12) months, then the county may notify the owner/operator by registered mail and provide forty-five (45) days for the owner/operator to respond. If no response is provided, then the owner/operator will be instructed to commence decommissioning in accordance with the approved decommissioning plan.
3. If the facility is abandoned, the owner/operator is required to notify the Zoning Administrator in writing.
4. Within one (1) year of the date of said notification, or if determined to be abandoned by the Zoning Administrator in accordance with the above subsections, then the county may pursue legal action to have the facility removed at the expense of the facility owner, site owner, or operator, each of whom shall be jointly and severally liable for the expense of removing or repairing the facility. The county may also call upon the decommissioning security to remove the facility.

 

Division 8 – Additional Regulations

§ 19.6-77 Convenience stores.

A. Limited sale of foods prepared on the premises may be allowed, provided no more than 20% of the floor area is devoted to seating facilities. Seating areas in excess of this shall constitute a fast-food restaurant.

B. Exterior display of merchandise for sale is allowed under the following conditions:

(1) On a paved walkway within three feet of the building.

(2) Ice machines and soft drink vending machines, in operating condition, shall be stored under a roofed area.

C. The display of vehicles for sale is prohibited.

D. When adjoining a residential use type, a twenty-foot-wide buffer yard shall be provided along the property line which adjoins the residential use type. The buffer yard shall include a mix of evergreen and deciduous trees and shrubs approved by the Zoning Administrator.

§ 19.6-78 Gasoline stations.

A. Bulk storage of fuel shall be pursuant to the standards established by the National Fire Prevention Association (NFPA) and the United States Environmental Protection Agency (EPA).

B. Fuel dispensers shall be located at least 30 feet from any public street right-of-way and shall be located at least 100 feet from any adjoining residential use type.

C. When adjoining a residential use type, a twenty-foot-wide buffer yard shall be provided along the property line which adjoins the residential use type. The buffer yard shall include a mix of evergreen and deciduous trees and shrubs approved by the Zoning Administrator.

§ 19.6-79 Swimming pools.

Swimming pools (aboveground or below-ground) shall be considered accessory structures and shall be subject to the minimum setback requirements for such structures within any district that allows such. There is no minimum separation requirement from another structure. If the pool is surrounded by a fence, then the setback shall be measured from the fence; otherwise, the setback is measured from the side wall of the pool.

§ 19.6-80 Accessory uses.

As defined, accessory uses and structures may be commonly found and associated with principal use types. Principal uses which are allowed by right or by conditional use may include, but not be limited to, accessory uses and activities, provided such accessory uses and activities are appropriate and incidental to the principal use, and provided they are designed and located in accordance with the intent and provisions of this chapter.

A. Agricultural use types.

(1) Agricultural use types may include, but not be limited to, the following accessory uses, activities, or structures on the same site or lot:

(a) Parking areas.

(b) Storage of agricultural equipment, products, or materials associated with the principal use.

(c) Temporary sawmills.

(d) Other uses and activities necessarily and customarily associated with the purpose and function of agricultural use types, as determined by the Zoning Administrator.

B. Residential use types.

(1) Residential use types may include, but not be limited to, the following accessory uses, activities, or structures on the same site or lot:

(a) Private garages and parking for the principal use.

(b) Recreational activities and uses used by residents, including structures necessary for such uses.

(c) Playhouses, gazebos, incidental household storage buildings, swimming pools, and other similar accessory structures.

(d) Garage and yard sales, provided such sales occur no more than two days in a two-month period.

(e) Other uses and activities necessarily and customarily associated with the purpose and function of residential use types, as determined by the Zoning Administrator.

(f) Construction office or trailer associated with active construction on a site. Said office or trailer must be removed from the premises within 30 days of issuance of the certificate of occupancy.

C. Office use types.

(1) Office use types may include, but not be limited to, the following uses, activities, or structures on the same site or lot:

(a) Parking for the principal use.

(b) Recreational facilities available only to the employees.

(c) Day-care facilities available only to the employees.

(d) Other uses and activities necessarily and customarily associated with the purpose and function of office use types, as determined by the Zoning Administrator.

(e) One accessory dwelling unit occupied by employees responsible for the security of the use.

(f) Construction office or trailer associated with active construction on a site. Said office or trailer must be removed from the premises within 30 days of issuance of the certificate of occupancy.

D. Commercial use types.

(1) Commercial use types may include, but not be limited to, the following uses, activities, or structures on the same site or lot:

(a) Parking for the principal use.

(b) Accessory storage buildings or areas.

(c) One accessory dwelling unit occupied by employees responsible for the security of the use.

(d) Other uses and activities necessarily and customarily associated with the purpose and function of commercial use types, as determined by the Zoning Administrator.

(e) Construction office or trailer associated with active construction on a site. Said office or trailer must be removed from the premises within 30 days of issuance of the certificate of occupancy.

E. Industrial use types.

(1) Industrial use types may include, but not be limited to, the following uses, activities, or structures on the same site or lot:

(a) Parking for the principal use.

(b) Recreational facilities available only to the employees.

(c) Day-care facilities available only to the employees.

(d) Other uses and activities necessarily and customarily associated with the purpose and function of industrial use types, as determined by the Zoning Administrator.

(e) One accessory dwelling unit occupied by employees responsible for the security of the use.

(f) Construction office or trailer associated with active construction on a site. Said office or trailer must be removed from the premises within 30 days of issuance of the certificate of occupancy.

(g) Cafeterias and/or sandwich shops available only to the employees of the use type.

(h) Incidental retail sale of goods associated with the industrial use type, provided the square footage does not exceed 10% of the gross floor area or 3,000 square feet, whichever is less.

§ 19.6-81 Outdoor shooting ranges.

A. The perimeter property line and the site or area used as a shooting range or match shall be fenced, posted every 100 feet and otherwise restricted so that access to the site is controlled to ensure the safety of patrons, spectators, and the public at large.

B. The minimum distance from any firing point measured in the direction of fire to the nearest property line shall not be less than 1,000 feet.

C. A backstop shall be utilized to absorb the discharge load; the minimum distance may be 200 feet from the target.

D. No discharge point shall be located so as to point the direction of fire towards any publicly owned and maintained road.

§ 19.6-82 Campgrounds.

A. The minimum area for a campground shall be 10 contiguous acres.

B. Each campsite shall be set back a minimum distance of 50 feet from the perimeter property line of the campground.

C. The maximum density shall be 14 sites per gross acre. Each campsite designed for recreational vehicles shall have a minimum space of 2,000 square feet with a minimum width of 30 feet. Areas devoted solely for tent camping shall provide at least 500 square feet per campsite.

D. Vacation cottages may be constructed within a campground, provided that a minimum land area of 4,000 square feet is designated for each cottage site. The maximum floor area of the cottage shall be 30% of the site area.

E. The primary access road shall be paved in accordance with the latest edition of the Virginia Department of Transportation’s Subdivision Street Requirements Manual. Such paving shall extend from the public street right-of-way to the entrance station. Interior roads and access to individual sites shall consist, at a minimum, of an all-weather gravel surface. All interior roads shall be 18 feet wide for two-way travel and 12 feet wide for one-way travel. No campsite shall have direct access to a public street.

F. One manufactured home, or single-family dwelling, established pursuant to this chapter may be located in a campground as a caretaker’s residence.

G. The following uses and activities shall be prohibited at a campground:

(1) The sale, storage, use, or occupancy of any manufactured home, except as provided above.

(2) The sale of recreational vehicles and the storage of unoccupied units not in a condition for safe occupancy.

H. Indoor and outdoor recreational facilities are permitted for the exclusive use of the campground tenants. At least 15% of the campground area shall be developed and improved for recreational uses. In calculating the required area, common walkways and related landscaping may be included, provided such space is at least 20 feet in width. At least half of the required recreation area shall be for active recreation, such as swimming pools, ballfields, and play lots for small children. No developed recreational areas shall be located within the required yard setbacks for the district.

I. Retail sales for the convenience of campground tenants are permitted. Items are limited to food, concessions, recreational supplies, personal care items, and other items clearly supportive of campground tenants’ needs.

J. Guests may stay no more than 30 nights in any one calendar year. The operator of the campground shall maintain a log of all guests, including their name, address, license plate number, and length of stay, and shall make the log available to County staff upon request.

K. The campground site shall have direct access to a publicly owned and maintained street.

§ 19.6-83 Home occupations, Type I and Type II.

It is recognized that a home occupation provides valuable services while providing income for County residents. The regulations in this section seek to prevent conflict of the home occupation with the surrounding residential areas and to ensure that the home occupation maintains a secondary posture to the main residential use.

A. Home occupations, where permitted, must meet the following general requirements:

(1) A zoning permit or home occupation application is required to be approved prior to commencing the home occupation activity.

(2) The applicant must be the owner of the property on which the home occupation is to be located or must have written approval of the owner of the property if the applicant is a tenant.

(3) The home occupation shall be operated only by the members of the family residing on the premises, and no article or service shall be sold or offered for sale except as may be made by members of the immediate family residing on the premises.

(4) The use is clearly incidental and secondary to the use of the property for dwelling purposes, and no external alterations which would cause the premises to differ from its residential character by the use of colors, materials, lighting, or construction are permitted.

(5) Restrictions on home occupations shall not apply to the sale of unprocessed agricultural and husbandry products.

B. Additional standards for all Type I home occupations:

(1) The maximum floor area permitted for a home occupation shall be 10% of the finished floor area of the dwelling unit. Storage of goods or products shall not exceed 5% of the finished floor area.

(2) There shall be no display or storage of goods or products visible from a public or private right-of-way or any adjacent property.

(3) The sale of goods or services produced on the premises which involve a consumer coming to the premises shall be limited to no more than five customers or vehicles per day. Babysitting for five or fewer children shall be permitted.

(4) Lessons in the applied arts shall be permitted, provided that the class size for any lesson does not exceed five students at any one time or a total of 15 students per week.

(5) No sign may be placed on the property advertising the home occupation.

(6) No advertising through local media, including telephone books, flyers, banners, social media or other internet media, shall be permitted so as not to call attention to the residential address of the home occupation.

(7) An accessory building or structure may be used, provided that the total floor area between the dwelling unit and the accessory building devoted to the home occupation does not exceed the 10% of the finished floor area of the dwelling unit.

C. Additional standards for all Type II home occupations:

(1) The maximum floor area permitted for the home occupation shall be 25% of the finished floor area of the dwelling unit. Storage of goods or products shall not exceed 12% of the finished floor area.

(2) An accessory building or structure may be used with the home occupation, provided that the total floor area between the dwelling unit and the accessory building devoted to the home occupation does not exceed 25% of the finished floor area of the dwelling unit.

(3) The sale of goods or services produced on the premises which involve a consumer coming to the premises shall be limited to not more than 20 customers or vehicles per day. Babysitting for five or fewer children shall be permitted.

(4) Lessons in the applied arts shall be permitted, provided that the class size for any lesson does not exceed eight students at any one time or a total of 24 students per week.

(5) One nonilluminated sign, a maximum of two square feet in area, shall be permitted per dwelling, regardless of the number of home occupations within the dwelling.

D. A zoning permit for home occupations shall expire under either of the following conditions:

(1) Whenever the applicant ceases to occupy the premises for which the home occupation permit was issued; and no subsequent occupant of such premises shall engage in any home occupation until he shall have been issued a new permit after proper application.

(2) Whenever the holder of such permit fails to exercise the same for any period of 12 consecutive months.

§ 19.6-84 Mobile home parks.

A. General standards:

(1) Minimum tract size for any new or expanding park: five contiguous acres.

(2) Minimum frontage for any new or expanding park: 50 feet on a publicly owned and maintained street.

(3) Maximum density for any new or expanding park served by a community water and/or sewer system: seven dwelling units per gross acre.

(4) In a manufactured home park, the manufactured home shall be less than 19 feet in width and shall otherwise comply with the requirements of this article.

(5) A fifty-foot buffer yard shall be installed along the side and rear perimeter of the park. No square footage allocated to a manufactured home shall be located within any portion of a required buffer yard.

B. Minimum lot requirements:

(1) Minimum area for each lot in the park: 5,000 square feet; this shall be clearly marked on the ground by permanent flush stakes.

(2) Minimum width for each lot in the park: 40 feet.

C. Minimum setback requirements:

(1) Front yard (measured from any interior street): 20 feet.

(2) Front yard (for lots fronting a perimeter street): 30 feet.

(3) Side yard: five feet.

(4) Rear yard: 10 feet.

(5) Distance between manufactured homes: 25 feet.

(6) Accessory buildings: behind the front face of the manufactured home and three feet from any boundary line.

D. Additional improvements:

(1) Each manufactured home lot shall have a pad constructed for the placement of a manufactured home in full compliance with the area, lot, and setback requirements of this section.

(2) All manufactured homes shall be anchored to the pad in accordance with the provisions of the Virginia Uniform Statewide Building Code.

(3) Each manufactured home shall be skirted with a durable material.

E. Outdoor recreation areas:

(1) Minimum usable space for recreational areas: 8% of the gross area of the manufactured home park.

(2) Minimum countable area: 5,000 contiguous square feet.

(3) Space shall not include manufactured home lots, buffer yards, street rights-of-way, open parking areas, or driveways.

(4) Recreational areas shall include passive and active facilities and be of an appropriate nature and location to serve the residents of the park. This may include facilities such as recreation centers, swimming pools, tennis and basketball courts, and similar facilities.

(5) Maintenance shall be the responsibility of the park management.

F. Streets and walkways:

(1) Streets in a manufactured home park may be private so long as the surfacing material and design comply with all applicable County standards for such streets, or to VDOT Secondary Road Standards, whichever is more restrictive.

(2) If the streets are private, then the following standards shall apply:

(a) Street width: 20 feet.

(b) Culs-de-sac: shall have a minimum diameter of 80 feet.

(c) Maximum gradient: 12%.

(d) Manufactured home lots not served by a public or private street may be served by a walkway, trail, or bikeway, provided such pathway serves the front, side, or rear of the manufactured home lot. Such pathway shall be constructed of a hard surface, or gravel material, and shall have a minimum width of three feet.

G. Parking:

(1) Each manufactured home lot shall have the equivalent of two parking spaces. At least one of these spaces shall be provided on the lot.

(2) All other parking spaces shall be:

(a) Provided within 150 feet of the manufactured home to be served; or

(b) Located in a common parking area; and

(c) Designed and constructed to meet County parking standards.

H. Refuse disposal. Refuse disposal shall be the responsibility of the park management. Common refuse collection areas shall be provided throughout the park. All refuse areas shall be screened with a solid, durable material meeting the requirements of this chapter.

§ 19.6-85 Domestic chickens.

A. Accessory use: The keeping of domestic chickens shall be permitted only as an accessory use to an already existing principal residential use located on the same lot.

B. Maximum number of chickens: 12 chicken hens. No roosters shall be allowed.

C. Confinement: All chickens shall be kept in a securely enclosed coop and fenced area at all times and shall not be permitted to roam at-large.

D. Minimum lot area requirement: 1/2 acre (21,790 square feet).

E. Use location and minimum setbacks: The keeping of chickens and related accessory structures shall only be allowed in the defined rear yard of the property. The minimum setback distance from adjoining side and rear property lines for the accessory chicken coop and fenced area shall be 25 feet.

§ 19.6-86 Recreational vehicles.

A. Recreational vehicles placed on sites shall either:

(1) Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use; or

(2) Meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes as contained in the Uniform Statewide Building Code.

B. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions.

§ 19.6-87 Townhomes/multifamily dwellings.

A. All townhome or multifamily developments shall be served by public water and public sewer.

B. The minimum separation between buildings shall be 25 feet.

C. No more than 10 units in a group or block shall be allowed.

D. Accessory structures shall be allowed in the rear yard only, with a minimum setback of five feet for side and rear yards.

E. All townhome or multifamily developments shall have access to a public right-of-way in only one location. Interior streets may be private; however, they should be built to a standard equivalent to the VDOT Secondary Street Standard.

F. Maximum gross density: 12 units per acre.

G. Minimum parcel size: 7,200 square feet for each end dwelling unit, plus 3,630 square feet for each interior unit.

H. Setbacks:

(1) Front: 15 feet.

(2) Side: 15 feet (for end units only).

(3) Rear: 25 feet.

I. No parking area shall be allowed in the setback area.

J. Maximum building coverage: 40%.

§ 19.6-87.1 Manufactured homes.

[Added 3-29-2016]

Manufactured homes provide a viable and affordable housing option for a segment of the county’s population. This housing option is provided in areas predominantly of agricultural and forestal uses with minimal requirements, consistent with state code. The following general standards shall apply to manufactured homes:

A. No manufactured home constructed before July 1, 1976, shall be erected, installed, occupied or sold in Appomattox County, except as follows:

(1) The manufactured home existing in the county prior to the effective date of this section. Said manufactured home shall be allowed to remain at its current location; and

(2) A manufactured home, in existence prior to the effective date of this section, shall be allowed to remain subject to the provisions for nonconforming uses contained elsewhere in this Zoning Ordinance.

B. All manufactured homes shall be mounted on and anchored to a permanent foundation, and skirted in accordance with the provisions of the Virginia Uniform Statewide Building Code.

§ 19.6-88 Signs.

§ 19.6-88.1 Intent.

The purpose of this § 19.6-88 is to regulate the size, location, height, and construction of all signs for public observance; to protect the public health, safety, convenience, and general welfare; to facilitate the creation of a convenient, attractive, and harmonious community; to protect property values; and to further goals and objectives of the Community Development Plan. Signs subject to these regulations include all exterior signs and permanent interior window signs which are placed for exterior observance. Pursuant to the goals and objectives of the Community Development Plan, these regulations are intended to promote signs which:

A. Are compatible with the physical and architectural character of their surroundings;

B. Are legible and appropriate to the activity to which they pertain;

C. Are not distracting to motorists;

D. Avoid visual clutter;

E. Are constructed and maintained in a structurally sound and attractive condition;

F. Are limited to the specific use or business that is in operation on the premises; and

G. Are an enhancement to the appearance of the County’s corridors, residential neighborhoods, and business districts.

§ 19.6-88.2 Sign permit requirement.

Except as provided hereinafter, no sign shall be erected, installed, used, altered, painted, relocated, replaced, or reconstructed until a sign permit has been issued by the Zoning Administrator. For the purpose of this chapter, all signs are considered accessory uses and, unless specifically qualified, shall be located on the same lot with the principal use to which the sign pertains.

§ 19.6-88.3 Sign permit procedure.

A sign permit shall be required for all signs except for those specifically excluded from the permit requirements of this section. Applications for sign permits shall be filed on a form provided by the Zoning Administrator, shall contain information required herein, and shall be accompanied by a fee as established by the Appomattox County Board of Supervisors.

A. Information required. All applications for sign permits shall be submitted on the standard sign permit application form, and the applicant shall provide additional written or graphic exhibits to incorporate the following information:

(1) Name, address, and telephone number of the sign erector, sign owner, and property owner.

(2) Position of the sign in relation to adjacent lot lines, buildings, sidewalks, streets, and intersections shown on a legal plat produced by a licensed surveyor or engineer.

(3) Type of sign and general description of structural design and construction materials to be used.

(4) Purpose of the proposed sign.

(5) Drawings of the proposed sign which shall contain specifications indicating the height, perimeter, and area dimensions, means of support, method of illumination, colors, and any other significant aspect of the proposed sign.

(6) Tax Map number, zoning, and address of the property on which the sign is to be located.

(7) Information pertaining to any existing signs on the property.

(8) Any other information requested by the Zoning Administrator in order to carry out the purpose and intent of these regulations.

§ 19.6-88.4 General requirements.

The following regulations shall apply generally to all signs and are in addition to the regulations that apply to the signs in each district:

A. All signs shall be erected on or before the expiration of the permit; otherwise, the permit shall become null and void, and a new permit shall be required.

B. Except as otherwise provided, these regulations shall be interpreted to permit one sign of each permitted basic sign type, in accordance with the applicable regulations, for each street frontage, for each permitted used on the premises. For the purpose of this chapter, basic sign types are freestanding (including monument), building mounted, projecting, and temporary.

C. The owner and/or tenant of the premises and the owner and/or erector of the sign shall be held responsible for any violation of these regulations. Where a sign has been erected in accordance with these regulations, the sign company shall be relieved of any further responsibility under these regulations after final approval of the sign by the Zoning Administrator.

D. All signs shall be maintained in good condition and appearance. Lights for illuminated signs shall be maintained in good working order. After due notice has been given as provided below, the Zoning Administrator may cause to be removed any sign which shows gross neglect or becomes dilapidated. The owner of said property shall be responsible for any expenses incurred by the County in the execution of this requirement.

E. The Zoning Administrator shall remove or cause to be removed any sign erected or maintained in conflict with these regulations if the owner or lessee of either the site or the sign fails to correct the violation within 30 days after receiving written notice of violation from the Zoning Administrator.

F. A landscaped planting area may be provided around the base of any freestanding or detached sign. The planting area shall contain two times the area of the sign, be a minimum of four feet in width, be protected from vehicular encroachment, and contain a combination of low-lying shrubs and ground covers (other than grass). The landscape treatment shall be designed and maintained to not exceed a height of three feet above the average grade.

G. Changeable-message signs, including those with panels, including electronic changeable-copy panels, or zip tracks, are allowed. The changeable-message area of the sign may cover the entire maximum allowable sign area. Electronic changeable-copy panels are allowed so long as the message is placed on the sign for a minimum duration of four seconds and does not scroll either horizontally or vertically.

H. Externally illuminated signs shall be illuminated only by a steady, stationary, light source directed only at the sign without causing glare for motorists and pedestrians or illumination spillover on neighboring properties. Internally illuminated signs shall be illuminated only by a steady, stationary, light source internal to the sign without causing glare for motorists and pedestrians or illumination spillover on neighboring properties.

I. Sight distance: the land adjoining a street intersection that is to be kept clear of obstructions between three feet and seven feet above the ground to protect the visibility and safety of motorists and pedestrians. The impact of sign placement, size, and height shall be addressed with each sign permit application, with graphic information to be provided with the submission of a site plan sufficient for the Zoning Administrator to assess the applicant’s sight distance determination.

§ 19.6-88.5 Sign area calculation.

A. Sign area computations. The sign area shall be calculated as the entire area within a single continuous perimeter, and a single plane, composed of a square, circle, rectangle, or other geometric figure that encloses the extreme limits of the sign’s message background and trim, and including all letters, figures, graphics, or other elements of the sign.

B. Frame and bracing material. Any supporting frame and/or bracing material of the sign shall not be included in the sign area calculations, provided that:

(1) There are two or fewer such members per sign;

(2) Any member does not exceed six inches in diameter or square;

(3) The member has no advertising value; and

(4) The supporting member does not form an integral part of the sign display, as determined by the Zoning Administrator.

C. Sign faces to be calculated. The sign area shall be calculated based upon the maximum number of faces viewable for any ground position, as follows:

(1) Single-faced sign: one face counted.

(2) Double-faced sign: one face counted.

(3) V-shaped sign: one face counted.

(4) Three-dimensional sign: projected to single flat planes, all visible sign faces counted.

(5) Cylindrical sign: the sign area of the cylinder shall be calculated by multiplying the height of the cylinder by the diameter of the cylinder.

D. Sign height. The dimension to the top of any point on a sign, including support structure, shall be the distance from the average grade level to the top of the sign or sign structure and shall not exceed the requirements set forth in the district requirements.

E. Maximum allowable sign area. The maximum allowable sign area shall not exceed the area defined in each zoning district.

§ 19.6-88.6 Exempt signs.

The following signs are exempted from the provisions of this § 19.6-88 and may be erected or constructed without a permit but in accordance with the structural and safety requirements of the Building Code:

A. Traffic signs and signals: signs erected and maintained pursuant to and in discharge of any federal, state or County government function, or as may be required by law, ordinance, or governmental regulation, including official traffic signs and signals, warning devices, and other similar signs.

B. Changing of message content: changing copy on a bulletin board, poster board, display encasement, marquee or changeable-copy sign.

C. Home/garage/yard sale sign: Temporary signs advertising a home, garage, or yard sale, as differentiated from signs advertising established commercial enterprises and real estate sales, may be erected in any zoning district, subject to the following provisions:

(1) The sign is erected only on the property on which the sale is occurring;

(2) The sign does not exceed four square feet or six feet in height;

(3) The sign is installed no earlier than three days prior to the event and is removed within one day after the event.

D. Temporary window signs: temporary, nonilluminated window signs in display windows in a business district, limited to 20% of the total glass area of the window in which they are placed.

E. Temporary real estate signs: Temporary, nonilluminated real estate signs advertising real estate for sale or lease shall be exempt from obtaining a permit, subject to the following restrictions:

(1) All real estate signs advertising commercial property or a residential subdivision shall be a maximum of 32 square feet.

(2) All real estate signs advertising single-family residential lots for sale or lease shall not exceed four square feet in area and four feet in height and shall be limited to one per lot or one per road frontage on corner lots and double-frontage lots. Signs must be located on the property which is intended to be sold or leased.

(3) Off-premises open house real estate signs shall be allowed in conjunction with and for the duration of the open house showing only and shall be limited to the same dimensions as any other real estate sign for single-family residential lots.

F. Public auction/sales signs: Nonilluminated signs advertising public auctions or sales, as differentiated from signs advertising established commercial enterprises, real estate sales and/or lease or home/garage/yard sales, may be erected in any zoning district, subject to the following provisions:

(1) The sign shall be erected upon the property on which the auction is going to be held;

(2) The sign shall not exceed 32 square feet in total area;

(3) The sign shall be installed no earlier than 30 days prior to the date of the sale and shall be removed within one day of the sale or auction.

G. Temporary construction signs: nonilluminated signs not more than 32 square feet in total area, erected in connection with new construction work and displayed on the premises during such time as the actual construction work is in progress; one such sign shall be permitted for each street frontage.

H. Signs warning trespassers: nonilluminated signs warning trespassers or announcing property as posted, without limitations on number or placement, limited in area to three square feet in area.

I. Mounted or painted on a vehicle: Mounted, attached or painted signs on an automobile, truck, bus, or other vehicle shall be permitted while in use in the normal course of business. Such signs must be of a size, style, mounting, color, and configuration which would be in conformance with all Virginia Division of Motor Vehicles laws and regulations for on-street operation of the subject vehicle. The vehicle must be in good operating condition and have proper registration and inspection certifications.

J. Political campaign signs: Signs applicable to federal, state, or local elections are permitted, subject to the following provisions:

(1) Such signs may not be placed on utility poles, traffic control signs, or within the public right-of-way. Political signs shall be removed no later than seven days after the election and are the responsibility of the property owner on whose lot the sign is displayed.

K. Civic/charitable signs: Signs advertising activities of civic/charitable organizations may be erected in any zoning district, provided they do not exceed eight square feet in total area and are removed no later than one day following the event.

L. Display of national, state, or locality flag: the display of a government flag not exceeding 72 square feet in area.

M. Address signs: signs which display names and/or address numbers only of residential occupants, so long as the total display area does not exceed 30 square inches.

N. Seasonal displays and decorations which do not advertise a product or service: displays or decorations that are of a patriotic, religious, or civic character on private property, not advertising a product or service, and not displayed for a period to exceed 30 days.

O. Artwork: works of art that do not contain any commercial messages or references.

P. Decals: decals affixed to windows or door glass panes, such as those that indicate membership in a business group or credit cards accepted at the establishment, provided that such decals do not exceed 36 square inches.

Q. Private drive signs: on-premises private residential drive signs, limited to one per drive entrance, not exceeding two square feet in total area. Language on the sign shall be limited to “private drive” and/or the address of any residences utilizing the private drive.

§ 19.6-88.7 Temporary signs.

The following signs and displays may be erected only after obtaining a temporary sign permit from the Zoning Administrator. The temporary sign permit shall cite the applicant’s stated purpose for the sign, the size, type, and configuration of the sign, and the time period the sign is intended to be displayed as well as any other information necessary to allow the Zoning Administrator to issue the permit. Temporary sign permits shall be issued for thirty-day periods when, in the opinion of the Zoning Administrator, such sign or display will be in the public interest and would not result in damage to private property. The sign permit may be extended for one thirty-day period. Such temporary sign permits may be issued no more than three times in a calendar year for the same business or event. If a temporary sign is not removed by the expiration of the time limitation, then the Zoning Administrator may remove the sign or display and charge the cost of the removal to the individual applicant or responsible party. The cumulative area for any temporary sign shall not exceed 32 square feet.

A. Commercial promotional signs: special sales promotion displays in a district where such sales are permitted, including displays incidental to the opening of a new business and special one-time auctions of real or personal property.

B. Commercial banner: banners when used in conjunction with the opening of a new business or an establishment going out of business in any commercial or industrial district; limit one banner per business.

C. Residential banner: banners when used in conjunction with grand openings and/or initiation of sales or leasing of lots and/or dwelling units within a newly developing residential project.

D. Temporary portable sign: temporary portable signs, such as A-frame signs or changeable-copy signs, which are intended to identify or display information pertaining to an establishment for which permanent freestanding signage has not been established. Such signs shall be removed upon installation of the permanent freestanding sign or within the limitations of the temporary sign permit, whichever occurs first.

E. Moored balloon and/or floating signs: moored balloon and floating signs tethered to the ground or a structure, provided that the size, type, location, and duration of such sign shall be approved at the sole discretion of the Zoning Administrator.

§ 19.6-88.8 Prohibited signs.

The following signs and/or displays are prohibited in all zoning districts, unless otherwise specified:

A. Off-premises signs. Off-premises signs, including billboards, shall only be allowed in the B-1 General Commercial District, M-1 Industrial District and IP Planned Industrial District.

B. Permanent pennants and banners. Permanent pennants, banners, festoons, streamers, and all other fluttering, spinning, or similar-type signs and advertising devices are prohibited, except for national flags, state/local flags of a political subdivision, decorative house flags, and flags of a bona fide civic, charitable, or fraternal organization.

C. Flashing signs/animated signs. No flashing signs or signs containing strings of lights shall be permitted in any district. No such sign shall be constructed, erected, used, or operated which displays intermittent lights resembling, or seeming to resemble, the flashing lights customarily associated with danger or any emergency services vehicles.

D. No sign shall be attached to trees, utility poles, public property, improvements in the public right-of-way, or any unapproved supporting structure, with such determination made at the sole discretion of the Zoning Administrator.

E. Signs attached to freestanding signs. Separate signs attached to a freestanding sign or its supporting structure, advertising services including but not limited to automobile travel clubs and/or credit cards accepted.

§ 19.6-88.9 Nonconforming signs.

Any sign which was erected in accordance with all applicable regulations in effect at the time of its erection, was lawfully in existence at the time of the effective date of this chapter, and which does not conform to the provisions herein, and any sign which is accessory to a lawful nonconforming principal use, shall be deemed a lawful nonconforming sign and may remain, subject to the following:

A. A nonconforming sign must be maintained in good repair and condition. If any sign which is nonconforming is declared unsafe or in poor physical condition by a County official, then such sign must be removed at the expense of the owner and replaced by a sign conforming to the current standards of this chapter.

B. Nonconforming signs may not be enlarged, extended, modified, reconstructed or altered in any way other than in accordance with this chapter.

C. Nonconforming signs may be repainted or refaced, provided such improvement does not change or alter the wording, composition, color, or material of the sign.

D. A nonconforming sign which is damaged or destroyed to an extent exceeding 50% of its appraised value may not be altered, replaced or reinstalled unless it is in conformance with the current standards of this chapter. If the damage or destruction is 50% or less of the appraised value, then the sign may be restored within 60 days of the damage but may not be enlarged in any manner.

§ 19.6-88.10 Abandoned signs.

A sign, including its supporting structure or brackets, shall be removed by the owner or lessee of the premises upon which the sign is located when the business it advertises is no longer on the premises. Such sign, if not removed within 60 days from the termination of occupancy by such business, shall be considered a violation of this chapter and may cause the Zoning Administrator to have such sign removed at the property owner’s expense. This shall not apply to sign listing within multitenant buildings in which a tenant changes. Allowances for tenant changes will be made for such signs, without requiring the sign to be declared abandoned.

§ 19.6-88.11 Signs in A-1, R-1, R-2 and R-3 Districts.

Signs pertaining only to the uses conducted on the premises will be permitted, subject to the following regulations:

A. One sign announcing a permitted home occupation, Type II, will be allowed for each street on which the lot abuts. Each sign shall not exceed two square feet in area. Such signs shall not be illuminated. Home occupation, Type I does not permit signage of any type.

B. Signs for other permitted uses shall be permitted when such signs do not exceed an aggregate area of 32 square feet for each use. Such signs may be illuminated by either backlighting or direct light, provided no light from any illuminated sign shall cause direct glare onto any adjoining property or public right-of-way.

C. One subdivision identification sign not exceeding 100 square feet may be erected at each main entrance to the development. The maximum area of the sign may be on one sign or divided into two signs located on each side of the subdivision entrance road.

D. Building-mounted signs (roof signs) shall face only upon an abutting street or an abutting parking lot on the same parcel where the sign is located. The aggregate face area of all signs on any one wall of the building shall not exceed 40 square feet, unless the building wall is longer than 100 linear feet. Signs on building walls longer than 100 linear feet shall not exceed one sign equal to one square foot of sign area for every 1/2 linear foot of building frontage, measured corner to corner. Building-mounted signs (roof signs) shall not project more than 15 inches beyond the face of the building. Projecting signs or suspended signs mounted perpendicular to the building may project a maximum of four feet beyond the face of the building and must allow for a minimum of eight feet of clearance from the bottom of the sign to the average grade.

E. Sign height shall not exceed 10 feet above average grade.

§ 19.6-88.12 Signs in B-1, V-1, M-1, IP and H-1 Districts.

Signs pertaining only to the uses conducted on the premises will be permitted, subject to the following regulations:

A. One sign announcing a permitted home occupation, Type II, will be allowed for each street on which the lot abuts. Each sign shall not exceed two square feet in area. Such signs shall not be illuminated. Home occupation, Type I, does not permit signage of any type.

B. Building-mounted signs (roof signs) shall face only upon an abutting street or an abutting parking lot on the same parcel where the sign is located. The aggregate face area of all signs on any one wall of the building shall not exceed 40 square feet unless the building wall is longer than 100 linear feet. Signs on building walls longer than 100 linear feet shall not exceed one sign equal to one square foot of sign area for every 1/2 linear foot of building frontage, measured corner to corner. Newly constructed groups of buildings shall have unified and/or coordinated building-mounted signs. Total aggregate sign area for the unified/coordinated sign plan shall not exceed one square foot of sign area for every one linear foot of building frontage, measured corner to corner.

C. Building-mounted signs (roof signs) shall not project more than 15 inches beyond the face of the building. Projecting signs or suspended signs mounted perpendicular to the building may project a maximum of four feet beyond the face of the building and must allow for a minimum of eight feet of clearance from the bottom of the sign to the average grade.

D. One freestanding sign structure permanently fixed to the ground may be erected on each street on which a lot abuts, provided such sign structure does not extend beyond the lot line, nor shall such signs be located closer than 75 feet from each other. The aggregate area of the freestanding sign shall not exceed 100 square feet along Richmond Highway and 24 feet high or 40 square feet and 15 feet high for all other locations. Sign bases, uprights, poles, or other support located under the sign shall not count toward the calculation.

E. When a group of buildings is coordinated into a business or shopping area (business park, industrial park, shopping center, mall, etc.), one freestanding sign structure, permanently fixed to the ground, may be erected on each street on which the area abuts, provided such sign structure does not extend beyond the lot line, nor shall such signs be located closer than 75 feet from each other. Any architectural or decorative material to support or enhance the sign face may not exceed 25% of the sign face area. Sign bases, uprights, poles, or other support located under the sign shall not count toward the calculation. The aggregate face area shall not exceed 24 square feet for the first business or tenant. The aggregate face area may be increased in increments of four square feet for each subsequent business or tenant up to a maximum aggregate face area of 300 square feet along Richmond Highway or 160 square feet for all others.

F. Signs may be illuminated by either backlighting or direct light, provided no light from any illuminated sign shall cause direct glare onto any adjoining property or public right-of-way.

G. Directional signs, each not exceeding four square feet in area and four feet in height, may be displayed as needed to control egress and ingress in a safe and proper manner.

H. One sign with the word “open” (neon or otherwise) shall be permitted per use, provided the sign does not exceed four square feet. Said sign shall not count towards the maximum allowable sign area.

§ 19.6-88.13 Off-premises signs.

Off-premises signs shall be allowed in the following zoning districts: (B-1) General Business, (M-1) Industrial, and (IP) Planned Industrial, subject to the following regulations:

A. No off-premises sign shall be located within a five-hundred-foot radius of an existing off-premises sign or an off-premises sign for which a valid permit has been obtained but which has not yet been erected.

B. No off-premises sign shall be located within 300 feet of any residential zoning district, public square, park, school, library, or religious assembly property.

C. No off-premises sign shall be allowed to be installed on any roof structure.

D. Side-by-side, double, and/or multi-decker off-premises signs shall be prohibited.

E. Any off-premises sign must have a minimum sign setback of 40 feet from the center line of any public right-of-way, or 15 feet from the front property line, whichever is greater. Any off-premises sign shall have a minimum side and/or rear setback of 15 feet.

F. The maximum size of any off-premises sign on a lot shall be 378 square feet plus 5% for embellishments.

G. There shall be only one sign face pointing in each direction. Multiple-tiered signs shall be prohibited.

H. Sign height for off-premises signs shall not exceed 40 feet above average grade.

I. All off-premises signs shall be maintained by the owner of the sign.

J. No off-premises sign shall be erected, rebuilt, altered, or relocated without a building permit and sign permit.

§ 19.6-89 Site development plans.

§ 19.6-89.1 Plan required.

A. A site development plan shall be required and shall be submitted for the following:

(1) New development in every zoning district, including uses approved as special exemptions, except for single-family and two-family dwelling units on individual lots.

(2) The conversion of any single-family or two-family dwelling units to any other use, or a higher-intensity residential use, or the conversion of any building or property to a different category (e.g., commercial to industrial).

(3) New public buildings, except for minor utility services.

(4) Uses involving a structure requiring review by the Planning Commission under § 15.2-2232, Code of Virginia (1950), as amended.

(5) Additions or modifications to buildings or uses, except single-family or two-family dwelling units, resulting in an increase of 1,000 square feet or greater in area.

(6) The conversion of any property from fee-simple ownership to a condominium form of ownership.

(7) The use or development of any parcel conditionally rezoned, where any of the conditions accepted and attached to the parcel apply to the physical arrangement or design of the site.

B. Site development plans required by the County shall be prepared by a professional engineer, architect, or land surveyor who is registered by the Commonwealth of Virginia and is conducting his/her practice in accordance with the rules and regulations of the Code of Virginia (1950), as amended. More-stringent requirements may be established by the Appomattox County Code or by the Code of Virginia (1950). Developments resulting in 1,000 square feet or less in area shall be exempt from the requirement of a professional site planner; however, the owner/developer shall be responsible for submitting a plan that meets all other requirements of the code.

§ 19.6-89.2 Information required.

A. The following information shall be required on site development plans submitted to the County for review:

(1) Location of the lot or parcel by vicinity map. Site development plans shall also contain a North arrow, original date, revision date, and graphical scale.

(2) Property lines of the parcel proposed for development, including the distances and bearings of these lines. If only a portion of the parcel is proposed for development, then a limit of development line shall also be shown.

(3) The name and address of the property owner and/or developer of the site, if different than the owner. The name and address of the person or firm preparing the plan shall be on the plan.

(4) The Tax Map identification number for each parcel proposed for development and depicted on the site development plan.

(5) The name of adjacent property owners and the owners of any property on which any utility or drainage easement may be required in conjunction with the development.

(6) The current land use and the proposed land use for the site.

(7) The zoning district designation for the proposed development.

(8) The names, route numbers and location of any existing or proposed streets adjacent to or within the site.

(9) The location, type, and size of site access points such as driveways, curb openings, and crossovers. Sight distance at these access points shall be provided.

(10) Any proffers and/or conditions approved by the Board of Supervisors in connection with the site development should be placed on the plan.

(11) Off-street parking areas and parking spaces, including handicapped spaces, loading spaces, and walkways, including the type of surfacing, size, angle of stalls, width of aisles, and a specific schedule showing the number of spaces provided and the number of spaces required by this chapter.

(12) The exact location of buildings or structures existing or proposed for the site, including their setbacks from property lines, and the distance between buildings or structures. Lot and building coverage calculations shall be provided.

(13) The number of stories in each structure and the floor area and building height. If more than one land use is proposed in a development, then the floor area for each land use should be shown.

(14) For residential developments, the type of dwelling unit shall be stated along with the number proposed.

(15) The location of any proposed signs and/or fire lanes.

(16) The existing and proposed topography of the parcel with a maximum of two-foot contour intervals.

(17) A detailed utility plan if public water and/or sewer are proposed for the site.

(18) An erosion and sediment control plan and detail sheet shall be submitted for site developments involving grading that disturbs more than 5,000 square feet of area.

(19) A detailed stormwater management plan and calculations pursuant to § 10.1-603 et seq. shall be submitted if necessary.

(20) The location and type of any exterior lighting, including height of poles and type of fixtures.

(21) The location of the one-hundred-year floodplain and floodway on site and the relationship to any building or structure on the site.

(22) The location of any required buffer yards, screening, fencing, and site landscaping. The type and size of the plant materials and screening to be used shall be provided.

B. The Zoning Administrator may waive the requirement that any of this information be shown on a submitted plan if, in his opinion, such information is not necessary to ensure conformance with County ordinances or standards.

§ 19.6-89.3 Traffic impact analysis.

At the time of submission of an amendment to this chapter or a plan of development, the applicant/developer shall provide traffic data in order for the locality to perform a ministerial review to determine the need for a traffic impact analysis. If the locality determines that a traffic impact analysis is required and the amendment or plan of development will substantially affect transportation on state-controlled highways, then the applicant/developer shall submit a traffic impact analysis to the locality for review and comment by the Virginia Department of Transportation. Such traffic impact analysis shall be in compliance with § 15.2-2222.1, Code of Virginia (1950), as amended.

§ 19.6-89.4 Format of plans.

A. Site plans shall be submitted on sheets no greater in size than 30 inches by 42 inches. A sheet size of 24 inches by 36 inches is preferred. The scale of the plan shall not be greater than one inch equals 10 feet, or less than one inch equals 50 feet. Plans shall be designed using an engineering scale. A lesser scale may be acceptable upon the approval of the Zoning Administrator so long as it provides detail enough to determine compliance with all applicable County ordinances or standards.

B. If more than one sheet is used to supply the information required by this chapter, then the sheets shall be numbered, and match lines shall be provided, when appropriate, to clearly indicate where the plans join.

§ 19.6-89.5 Administrative procedures and requirements.

A. The Zoning Administrator shall have the administrative authority to establish County procedures for site development plan review and approval. No procedure so established shall set a lesser standard than is legislated in this chapter.

B. The Zoning Administrator shall coordinate the County review of any site development plan submitted in accordance with County administrative procedures and shall have the authority to request opinions or decisions from other County departments, agencies, authorities of the Commonwealth of Virginia, or from other persons as may from time to time be consulted.

C. A minimum of three sets of site development plans shall be submitted for review. A review fee shall be required for any site development plan submitted. The Zoning Administrator shall establish procedures for the collection of these fees.

D. The County shall review and approve or disapprove any site development plan submitted for its review within 45 days of receipt. If an unapproved plan is returned to the applicant or other agent of the property owner due to lack of required information on the plan, or because the design or standards proposed on the plan do not meet provisions of this chapter or other applicable County standards, the forty-five-day time period shall begin again with the resubmittal of the plan to the County.

E. Comments offered by the Zoning Administrator or his/her agent on a proposed site development plan shall remain in effect for a period of six months from the date of issuance. After this period, the comments and the site development plan shall become void unless substantial progress has been made by the developer to address the comments. Substantial progress is determined at the sole discretion of the Zoning Administrator.

F. Approval of a site development plan pursuant to the provisions of this chapter shall expire five years from the date of approval in accordance with § 15.2-2258 of the Code of Virginia (1950), as amended, unless building and/or zoning permits have been obtained for the development.

G. No building or zoning permit shall be issued by any County official for any building, structure, or uses depicted on a required site development plan, until such time as the plan is approved by the County.

H. No change, revision, or erasure shall be made on any pending or approved site development plan or on any accompanying data sheet where approval has been endorsed on the plan or sheets, unless authorization for such changes is granted in writing by the Zoning Administrator.

I. Any improvement required by this chapter, or any other ordinance in Appomattox County, shall be installed at the cost of the developer unless other agreements have been reached between the developer, the County, and any other governmental agency, including but not limited to the Virginia Department of Transportation.

J. Prior to approval of the site development plan, the applicant shall execute an agreement to construct required or proposed improvements within public rights-of-way or easements or any such improvement connected to any public facility. The applicant shall also file a performance guarantee with surety acceptable to the County in the amount of the estimated cost of the improvements plus 20% contingency, as determined by the Zoning Administrator. The owner’s performance guarantee shall not be released until the construction has been inspected and accepted by the County and the Virginia Department of Transportation, as applicable.

§ 19.6-90 Off-street parking, stacking and loading.

§ 19.6-90.1 Purpose.

These regulations are intended to provide off-street parking, stacking, and loading facilities in proportion to the need created by each use. These regulations are intended to provide for accommodation of vehicles in a functionally and aesthetically satisfactory manner and to minimize external effects on adjacent land uses.

§ 19.6-90.2 General regulations for parking.

A. In the, R-1, R-2 and R-3 Zoning Districts:

(1) Except for vehicles parked within multifamily developments, all recreational vehicles, boats, and utility trailers shall be parked behind the front building line unless space is provided in a completely enclosed garage or other building. Within multifamily developments, recreational vehicles, boats, and utility trailers may be parked outside, provided they are screened from the public right-of-way.

(2) No truck or commercial vehicle with, or designed to have, more than two rear wheels shall be allowed to be parked overnight in front of the front building line of the principal structure, except while loading or unloading on such premises. No construction machinery shall be parked overnight unless the machinery is incidental to improving the premises or unless it is parked in an area behind the principal structure and not visible from the public right-of-way. These provisions shall not apply to pick-up-body-type trucks or to vehicles essential for an agricultural use associated with the premises.

B. No recreational vehicle shall be used for living or business purposes or connected to utility services except for maintenance purpose or as otherwise provided in this chapter. Continuous use for living or business purposes for 10 or more days shall be considered a violation of this chapter, when not being utilized in a bona fide campground or like facility.

C. All required off-street parking spaces shall be located on the same lot as the structure or use, except under the following conditions:

(1) All required parking spaces are on a contiguous lot under the same ownership or in a permanent parking easement on adjacent property.

(2) Such required spaces are within 500 feet walking distance of a building entrance or use and such spaces do not require pedestrians to cross a minor arterial or greater highway.

(3) Contiguous lots providing off-street parking for more than one use shall provide sufficient space to comply with the parking requirements for all uses.

D. Off-street parking shall be provided for any new building constructed, for new uses or conversions of existing conforming buildings, or for enlargements of existing structures.

§ 19.6-90.3 Requirements for disabled parking spaces.

A. The number of nonresidential parking spaces reserved for the disabled shall comply with the following table as well as with the Virginia Uniform Statewide Building Code, as amended.

	Total Off-Street Parking Required	Number of Spaces Required for Disabled
	1 to 25 spaces	1
	26 to 50 spaces	2
	51 to 75 spaces	3
	76 to 100 spaces	4
	101 to 150 spaces	5
	151 to 200 spaces	6
	201 or more spaces	8

B. All spaces for disabled parking shall have a minimum dimension of 13 feet by 20 feet.

C. Spaces for disabled shall be the closest to a building entrance for which they are intended and shall be connected thereto by a paved surface with no less than five feet of unobstructed width. At no point shall the gradient exceed a one-foot rise or fall in 20 feet, except in the case of ramps, which shall comply with the Virginia Uniform Statewide Building Code, as amended.

D. Spaces shall be clearly marked with both pavement marking and aboveground signage.

§ 19.6-90.4 Permitted locations.

A. Off-street parking spaces that are located on the ground and open to the sky may be located in any required yard unless otherwise required for screening, buffering, landscaping, or other County code.

B. Parking structures and carports shall be subject to the minimum yard setback requirements applicable in the zoning district in which the structure is located.

C. Carports open on all four sides and not permanently affixed to the ground shall not be subject to zoning review or approval; however, they shall be subject to the minimum yard setback requirements applicable in the zoning district in which the structure is located.

§ 19.6-90.5 Access.

A. All off-street parking spaces shall provide safe and convenient access to a street. If such spaces are contiguous to a public street, then the street side of such space shall be curbed.

B. Aisles between rows of parking spaces shall comply with the geometric design standards in the latest publication of parking guidelines issued by the Institute of Transportation Engineers (ITE).

C. All off-street parking and stacking areas, including aisles and driveways, shall be at a minimum graveled and maintained accordingly. It is the strong preference of the County to have all off-street parking, stacking and loading areas for any nonresidential use to be constructed and maintained to a surface meeting the standards of the Virginia Department of Transportation’s Secondary Street Acceptance Requirements (SSAR).

§ 19.6-90.6 Parking space dimensions.

A. Each off-street parking space shall be a minimum of 200 square feet (10 feet by 20 feet).

B. Where parking spaces lie adjacent to landscaped areas, the paved depth of all stalls may be decreased by two feet to provide for a vehicle overhang area, thus reducing the minimum parking space area to 180 square feet (10 feet by 18 feet). The vehicle overhang area may not encroach into any sidewalk area.

C. Compact-vehicle parking will be permitted according to the following regulations:

(1) Compact-vehicle spaces shall be located in groups of five or more contiguous spaces and shall have an appropriate marking identifying them as such.

(2) Dimensions for compact-vehicle spaces shall be a minimum of 162 square feet (nine feet by 18 feet).

(3) If the total parking requirement is 100 spaces or less, then 20% of the spaces may be designated for compact vehicle use.

§ 19.6-90.7 General criteria for determining number of parking spaces.

A. When a building includes a combination of uses as set forth in this section, then the required number of parking spaces will be the sum of the required parking for each use or reasonably weighted to reflect the combined usage.

B. Where the parking requirement for a particular use is not defined in this section, and where no similar use is listed, the Zoning Administrator shall determine the number of spaces to be provided based on requirements for similar uses, location, anticipated demand, and traffic generated by the proposed use.

C. All references to “square feet” in the parking requirements shall mean the square feet of the gross floor area, unless otherwise specified.

D. All references to “maximum occupancy” shall mean the maximum occupancy as determined by the Virginia Uniform Statewide Building Code.

E. Where a fractional space results during calculation of the required parking, the required number of parking spaces shall be rounded to the next-highest whole number.

§ 19.6-90.8 Minimum parking spaces required.

Zoning Classification/Use Type		Number of Parking Spaces Required
Agricultural Use Types
Agriculture		No requirement
Commercial feedlots		No requirement
Farm employee housing		1 space per dwelling unit
Forestry operations		No requirement
Stable, commercial		1 space per employee on major shift, plus 1 space per every 4 animal stables
Stable, private		No requirement
Wayside stand		1 space per 100 square feet; minimum of 3 spaces
Residential Use Types
Accessory apartment		1 space per bedroom
Home beauty/barber salon		2 spaces
Home occupation		No requirement
Kennel, private		No requirement
Manufactured home		2 spaces per dwelling unit
Manufactured home park		2 spaces per dwelling unit, plus 1 space for employee parking
Multifamily dwelling
	1-bedroom units	1.5 spaces per dwelling unit
	2-or-more-bedroom units	2.5 spaces per dwelling unit
	Elderly housing units	1 space per dwelling unit, plus 1 space per employee on major shift
Residential human care facility		2 spaces
Single-family dwelling		2 spaces per dwelling unit
Townhouse
	1-bedroom units	1.5 spaces per dwelling unit
	2-or-more-bedroom units	2.5 spaces per dwelling unit
2-family dwelling		2 spaces per dwelling unit
Civic Use Types
Administrative services		3 spaces per 1,000 square feet
Camps		1 space per employee on major shift
Cemetery		See Schedule B
Civic club		1 space per 3 persons of maximum occupancy
Community recreation		See Schedule B
Correctional facility		See Schedule B
Crisis center		1 space per 2 persons of residential capacity
Cultural services		1 space per 30 square feet of display area
Day-care center		1 space per 20 students, plus 1 space per employee on major shift
Educational facilities, college/university		See Schedule B
Educational facilities, primary/secondary		See Schedule B, but no less than 1 space per every 4 students in 10th, 11th, and 12th grades, plus 1 space per employee on major shift
Family day-care home		1 space per employee on major shift
Guidance services		1 space per 250 square feet.
Halfway house		1 space per 2 persons of residential capacity
Home for adults		1 space per 3 residents, plus 1 space per employee on major shift
Life care facility/nursing home		1 space per 3 residents, plus 1 space per employee on major shift
Park-and-ride facility		No requirement
Post office		See Schedule A
Public assembly		1 space per 4 seats
Public maintenance and service facility		See Schedule B
Public parks and recreational areas		See Schedule B
Religious assembly		1 space per 4 seats in principal place of worship
Safety services, public/private		3 spaces per vehicle bay
Utility services, minor/major		See Schedule B
Office Use Types
Financial institutions		3.5 spaces per 1,000 square feet, plus stacking spaces
General office		3.5 spaces per 1,000 square feet
Laboratories		1 space per 1.5 employees on major shift
Medical office		1 space per 200 square feet
Commercial Use Types
Adult entertainment		1 space per 200 square feet
Agricultural services		See Schedule A
Antique shops		1 space per 400 square feet
Automobile dealership, new		See Schedule A
Automobile dealership, used		See Schedule A
Automobile repair services, major		2 spaces per service bay, plus 1 space per employee on major shift
Automobile repair services, minor		1 space per service bay, plus 1 space per employee on major shift
Bed-and-breakfast		1 space per guest accommodation
Boardinghouse		1 space per guest accommodation
Business or trade school		1 space per every 4 students
Business support services		1 space per 200 square feet
Campground		1 space per campsite
Car wash		1 space per employee on major shift, plus stacking spaces
Clinic		3 spaces per examination room, plus 1 space per employee on major shift
Club, hunt		See Schedule B
Club, private		See Schedule B
Commercial indoor amusement		1 space per 3 persons of maximum occupancy
Commercial indoor entertainment		1 space per 4 seats, plus 1 space per employee on major shift
Commercial indoor sports and recreation		1 space per 200 square feet
Commercial outdoor entertainment		1 space per 4 persons of maximum occupancy, plus 1 space per employee on major shift
Commercial outdoor sports and recreation		1 space per 3 persons of maximum occupancy, plus 1 space per employee on major shift
Communications services		1 space per 30 square feet
Construction sales and services		See Schedule A
Consumer repair services		1 space per 30 square feet
Convenience store		1 space per 200 square feet
Dance hall		1 space per 3 persons of maximum occupancy
Equipment sales and rental		See Schedule A
Flea market		1 space per 400 square feet
Funeral services		1 space per 4 seats in main chapel, plus 1 space per employee on major shift
Garden center		See Schedule A
Gasoline station		1 space per employee, plus stacking spaces
Golf course		50 spaces per 9 holes
Hospital		1 space per 2 beds, plus 1 space per employee on major shift
Hotel/motel/motor lodge		1 space per guest accommodations, plus Schedule B if accompanied by meeting facilities
Kennel, commercial		1 space per 500 square feet
Landscaping and lawn care services		See Schedule B
Laundry		1 space per 30 square feet
Manufactured home sales		See Schedule B
Mini-warehouse		1 space for live-in manager, plus 2 spaces per 100 units
Pawn shop		1 space per 30 square feet
Personal improvement services		1 space per 30 square feet
Personal services		1 space per 30 square feet
Recreational vehicle sales and service		See Schedule A
Restaurant, drive-in/fast-food		1 space per 4 seats, plus 1 space per employee on major shift, plus stacking spaces
Restaurant, general		1 space per 4 seats, plus 1 space per employee on major shift
Retail sales
	Shopping center	4.5 spaces per 1,000 square feet
	Furniture, carpet, appliances	1 space per 500 square feet
	All others	1 space per 200 square feet
Studio, fine arts		See Schedule B
Surplus sales		1 space per 200 square feet
Truck stop		See Schedule B
Veterinary hospital/clinic		1 space per 30 square feet
Industrial Use Types
Asphalt plant		See Schedule B
Composting		See Schedule B
Construction/contractor yard		See Schedule A
Custom manufacturing		See Schedule A
Fish hatchery		See Schedule B
Industry, Type 1		See Schedule B
Industry, Type 2		See Schedule B
Industry, Type 3		See Schedule B
Landfill, sanitary		1 space per employee on major shift
Meat packing plant		1 space per employee on major shift
Railroad facilities		See Schedule B
Recycling center		See Schedule B
Resource extraction		1 space per employee on major shift
Scrap and salvage yard		1 space per employee on major shift
Transportation terminal		See Schedule B
Truck terminal		See Schedule B
Warehouse and distribution		See Schedule A
Miscellaneous Use Types
Amateur radio tower		No requirement
Aviation facility, public/private		See Schedule B
Outdoor gatherings		1 space per 4 seats
Parking facility		No requirement
Shooting range, indoor/outdoor		See Schedule B
Winery		See Schedule A
Wireless communications facility		No requirement

A. Schedule A. The schedule sets forth minimum parking requirements for uses with elements having different functions or operating characteristics and different impacts on the surrounding area.

	Element or Function	Number of Required Parking Spaces
	Equipment servicing	1 space per 500 square feet
	General manufacturing	1 space per 1,000 square feet
	Indoor sales, display or activity	1 space per 500 square feet
	Indoor storage or warehousing	1 space per 2,000 square feet
	Motor vehicle service bays	2 spaces per service bay
	Office or administrative	1 space per 30 square feet
	Outdoor sales, display or activity	1 space per 1,000 square feet
	Outdoor storage or warehousing	1 space per 5,000 square feet

B. Schedule B. Specific requirements shall be determined by the Zoning Administrator based on requirements for similar uses, location, anticipated demand and traffic generated by the proposed use, and appropriate traffic engineering and planning criteria deemed necessary. The developer/owner shall provide any information required for the Zoning Administrator to make such determination.

§ 19.6-90.9 Stacking and drive-through facility requirements.

A. Stacking spaces shall be provided for any use having a drive-through facility or areas having dropoff and pickup areas. The following general standards apply to all stacking spaces and drive-through facilities:

(1) Stacking spaces and lanes for drive-through facilities shall not impede on- and off-site traffic movement, shall not cross or pass through off-street parking areas, and shall not create a potentially unsafe condition for pedestrian traffic.

(2) Drive-through lanes shall be separated from off-street parking areas. Individual lanes shall be striped, marked, or otherwise distinguished.

(3) Approach lanes for drive-through facilities shall have the following minimum widths:

(a) One lane = 12 feet.

(b) Two or more lanes = 10 feet per lane.

(4) All drive-through facilities shall be provided with a bypass lane with a minimum width of 10 feet.

(5) Each stacking space shall be a minimum of 10 feet by 20 feet.

B. Stacking spaces shall be provided as follows:

	Use/Type	Number of Spaces
	Car wash	4 spaces per bay/stall
	Fast-food or drive-in restaurant	6 spaces per window, measured from the order board or station
	Financial institution with drive-through window	8 spaces for first window, plus 2 spaces for each additional window
	All other uses	3 spaces per window

§ 19.6-90.10 Off-street loading requirements.

A. All off-street loading spaces shall be located on the same lot as the structure or use.

B. No loading space or berth shall be located within 40 feet of the nearest point of intersection of the edge of the adjoining travelway or the ultimate right-of-way of an adjoining street.

C. No loading space or berth shall be located within the front yard setback.

D. No loading space or berth shall be used to meet the space requirements for off-street parking, and no loading space shall interfere with the free circulation within the off-street parking area.

E. Where loading requirements for a particular use are not defined in this section, and where no similar use is listed, the Zoning Administrator shall determine the number of spaces to be provided based on requirements for similar uses, location, expected demand and appropriate traffic engineering and planning criteria and information.

F. All references to “square feet” (sq. ft.) in the off-street loading requirements below shall mean the square feet of the gross floor area, unless specifically stated otherwise.

§ 19.6-90.11 Minimum off-street loading spaces required.

Use		Number of Required Loading Spaces
General office, medical office, financial institution
	Up to 40,000 square feet	1 space
	40,001 square feet and over	2 spaces
Hotel/motel/motor lodge, hospital, nursing homes, all other commercial, recreational, and educational facilities
	Up to 50,000 square feet	1 space
	50,001 square feet and over	2 spaces
Industrial, warehouse/distribution
	Up to 40,000 square feet	1 space
	40,001 to 100,000 square feet	2 spaces
	100,001 to 160,000 square feet	3 spaces
	160,001 square feet and over	4 spaces
Retail sales, personal services, new/used automobile dealerships, restaurants
	Up to 15,000 square feet	1 space
	15,001 to 50,000 square feet	2 spaces
	50,001 to 200,000 square feet	3 spaces
	200,001 square feet and over	4 spaces

§ 19.6-90.12 Maximum parking limitation.

A. In order to avoid excessive surpluses, environmental impacts, and development costs, parking shall not exceed the minimum requirement by more than 25%.

B. Parking which exceeds the minimum requirement shall be required to comply with the following standards:

(1) Increase in quantity from 1% to 10%:

(a) Interior landscaping in parking areas shall be increased by 5%.

(b) All sides of the parking area shall have a planting strip along them. The planting strip shall be a minimum width of four feet and shall contain one large deciduous or large evergreen tree every 30 feet, and small shrubbery interspersed throughout the planting strip.

(2) Increase in quantity from 11% to 25%:

(a) Interior landscaping in parking areas shall be increased by 10%.

(b) All sides of the parking area shall have a planting strip along them. The planting strip shall be a minimum width of six feet and contain one large deciduous or large evergreen tree every 15 feet, and small shrubbery interspersed throughout the planting strip.

C. In the event the developer feels that more parking is necessary, the Zoning Administrator may allow, on a case-by-case basis, parking above 25%. The request must be in writing from the developer and must justify the request by utilizing some acceptable industry publication (i.e., Institute of Transportation Engineers, Urban Land Institute, American Planning Association, etc.) or a study prepared by a traffic engineering firm.

§ 19.6-91 Landscape regulations.

§ 19.6-91.1 Intent.

It is the intent of this § 19.6-91 to promote the public necessity, convenience, general welfare, and good zoning practice by incorporating landscaping, screening, and buffering requirements into the site development plan process. The goals are to provide landscaping requirements that will ensure development consistent with the goals of the Community Development Plan, reduce soil erosion, increase infiltration in permeable land areas to improve stormwater management, mitigate air, dust, noise, and chemical pollution, protect property values, and provide buffers between incompatible uses. It is further the intent of this § 19.6-91 to preserve the existing natural vegetation as an integral part of the County and to ensure that the County continues to be an attractive place to live, work, and visit.

§ 19.6-91.2 Applicability.

A. The provisions of this § 19.6-91 are applicable to the development or redevelopment of any property after the effective date of this chapter and located in an A-1, R-1, R-2, R-3, B-1, V-1, M-1, or IP District or to any use requiring conditional use permit approval.

B. When an existing use is expanded, enlarged, or redeveloped, only those portions of the property subject to the expansion, enlargement, or redevelopment are subject to the provisions of this section of this chapter.

C. It is not the intent of this chapter to regulate landscaping for single-family dwellings or two-family dwellings.

§ 19.6-91.3 General requirements.

A. Landscaping within a sight distance triangle shall not include any evergreen trees, and shall not include shrubs exceeding three feet in height above the ground at maturity. Tree limbs in a sight distance triangle shall be raised to ensure visibility for motor vehicle safety.

B. When a calculation of the number of required trees and/or shrubs results in a fractional amount, the fraction shall be rounded up to the next whole number.

C. Existing vegetation within the development area is encouraged to be retained and may be used to meet all or part of the landscaping requirements. No tree or shrub less than three calipers shall be counted when utilizing existing vegetation.

D. All landscaped areas shall be covered with an appropriate ground cover, mulch, or decorative landscape stone. The use of gravel and/or riprap is discouraged.

E. All slopes shall be covered with an appropriate ground cover. The use of riprap as ground cover on slopes visible from the public right-of-way is discouraged.

F. All trees and/or shrubs used to satisfy this chapter shall be of native origin. No tree, shrub or ground cover contained on the Invasive Alien Plant Species of Virginia list as maintained by the Virginia Department of Conservation and Recreation (DCR) may be used to satisfy the requirements of this chapter.

§ 19.6-91.4 Landscaping plan required.

A. A landscaping plan shall be required of all new development or redevelopment of property within the County for commercial or industrial purposes. Multifamily residential dwelling developments shall be considered commercial for the purposes of this chapter.

B. A landscaping plan shall contain the following information:

(1) The location, size, height of planting, and botanical name of all required landscaping.

(2) The location, size, and botanical name of any existing vegetation proposed to be used to satisfy any portion of this chapter.

(3) The dimensions of all landscaped areas and islands.

(4) A planting schedule, including any fertilizer or soil amendment to be used.

(5) A general statement regarding the perpetual maintenance of the landscaping.

§ 19.6-91.5 Parking area landscaping.

A. All parking rows and parking bays shall be capped with a landscaped island.

B. Parking areas with fewer than 100 parking spaces shall have one large evergreen or deciduous tree for every 10 parking spaces. Trees shall be reasonably placed throughout the parking area.

C. Parking areas with fewer than 100 parking spaces shall have one medium shrub for every five parking spaces. Shrubs shall be reasonably placed throughout the parking area.

D. Parking areas greater than 100 parking spaces shall have one large evergreen or deciduous tree for every seven parking spaces. Trees shall be reasonably placed throughout the parking area.

E. Parking areas greater than 100 parking spaces shall have one medium shrub for every one parking space. Shrubs shall be reasonably placed throughout the parking area.

F. Landscape designs are encouraged to be creative in placement and types of plantings.

G. Where the primary use of a parking area is for the sale of motor vehicles, recreational vehicles, trailers, boats, tractors, or mobile homes, the required parking area landscaping and parking area screening may be disbursed in a reasonable manner so as not to interfere with display and maintenance.

H. Expansion of existing parking areas shall comply with the requirements of this chapter if the expansion involves the addition of an area equivalent to 10 or more parking spaces and the overall parking area has the equivalent of 25 or more spaces. The landscaping requirements shall be calculated on the basis of the new parking area only but may be implemented over the entirety of the parking area.

§ 19.6-91.6 Foundation plantings.

A. All sides of multifamily, commercial, or industrial buildings which are visible from the public right-of-way or visible from an adjacent residential use type shall be landscaped with foundation plantings as follows:

(1) One ornamental tree per 50 feet of building frontage;

(2) One large shrub per 10 feet of building frontage;

(3) Two small shrubs per 10 feet of building frontage.

B. Plantings are encouraged to be placed in creative groupings along the perimeter of the building;

C. The Zoning Administrator may issue a variance to this requirement upon written request of the developer. Variances shall be granted based on unfavorable topography or other physical impairments of the parcel.

§ 19.6-91.7 Utility screening.

A. Loading areas, refuse areas, storage yards, stormwater management facilities, HVAC equipment, water vaults, or other objectionable items shall be screened from view of any public right-of-way or any adjacent residential use type.

B. Stormwater management facilities intended to be displayed as a water feature or naturalized planting areas are exempt from screening requirements.

C. Screening may be accomplished by a combination of existing evergreen vegetation, walls, fences, earthen berms and new evergreen vegetation appropriate to screen the equipment or activity. The required height of screening at installation shall be sufficient to screen the equipment or activity.

D. The use of chain-link fence as the sole method of screening is prohibited.

§ 19.6-91.8 Buffering.

A. In all instances where a commercial use type, industrial use type, multifamily dwelling use type, or parking area is located adjacent to any residential use type, a vegetative evergreen buffer shall be established on the property for which said buffer is required.

B. Where required, the buffer area shall be a minimum of 20 feet in width extending along the entire length of the development area and shall generally be required along the property line unless topographic or other considerations would make it more effective located back from the property line.

C. The vegetative buffer shall consist of a staggered row of evergreen trees. Shrubs may be used as supplemental filler if necessary. The evergreen tree material shall be a minimum of four feet in height at the time of planting. The evergreen tree line shall be planted in rows 15 feet apart and staggered 10 feet on center. An earthen berm may be used a well. The earthen berm shall vary in height and width and shall be curvilinear in form and provide a gentle tie-in with the existing grade. On average, the height of the earthen berm should be three feet in height.

D. Existing vegetation may be used to satisfy this requirement. Supplemental evergreen material may be needed to meet the buffering requirements. The need for additional evergreen material shall be at the discretion of the Zoning Administrator.

E. No proposed building, building addition, structure, parking area or other physical land improvement shall be located in the buffer area.

§ 19.6-91.9 Installation guidelines.

A. The planting of trees and shrubbery shall be installed in accordance with the standard landscaping specifications of the Virginia Society of Landscape Designers and/or the Virginia Chapter of the American Society of Landscape Architects.

B. Landscaping required by this chapter shall be planted during an opportune planting season and shall be in place and in good condition prior to occupancy, or the owner/developer may provide a guarantee in a form acceptable to the County that ensures installation. Said guarantee shall be equal to the cost of the installation remaining to be installed. A bona fide cost estimate on company letterhead issued by a recognized landscaping firm or nursery shall be provided along with the guarantee as verification of the guarantee amount.

C. All landscaping included in the guarantee shall be installed, inspected, and approved within six months of acceptance of the guarantee.

D. Required vegetation shall have the following minimum measurements at the time of planting:

	Type	Minimum Measurement
	Large evergreen trees	5 feet tall at time of planting
	Medium evergreen trees	3 feet tall at time of planting
	Small evergreen trees	1 foot tall at time of planting
	Large deciduous trees	2-inch caliper at time of planting
	Small/medium deciduous trees	1-inch caliper at time of planting
	Large shrubs	3-gallon plant
	Small shrubs	1-gallon plant

E. During times of severe drought or water emergency, the owner/developer may request, in writing, an extension of the time period allowed for planting any required landscaping. The Zoning Administrator may permit the delayed installation at his/her discretion. Upon declaration of the end of said drought or water emergency, the owner/developer shall be required to install the required landscaping within six months.

§ 19.6-91.10 Maintenance.

Required landscaping shall remain alive and in good condition in perpetuity. The property owner shall be responsible for the ongoing protection and maintenance of all required landscaping in a manner consistent with the approved site development plan.

§ 19.6-91.11 Alternative landscape plan.

The Zoning Administrator, with the concurrence of the Planning Commission, may approve an alternative layout to the required landscaping, provided that the spirit and intent of this chapter is preserved and the goals of this section are assured.

§ 19.6-92 Wireless communications facilities.

§ 19.6-92.1 Intent.

In order to accommodate the communications needs of residents and businesses while protecting the public health, safety, and general welfare of the community, these provisions are necessary in order to:

A. Facilitate the provision of wireless communications services to County residents and businesses, as well as to those traveling through the County;

B. Minimize adverse visual effects of towers through careful design and siting standards;

C. Preserve the unique historical resources of Appomattox County;

D. Avoid potential damage to adjacent properties from tower failures through structural standards and setback requirements;

E. Maximize the use of existing towers and buildings to accommodate new wireless communications facilities in order to reduce the number of towers needed to serve the community and to encourage co-location; and

F. Encourage the location of towers in more-populated areas and minimize the total number of towers throughout the County.

§ 19.6-92.2 Requirements for submittal.

All applications for both permitted and conditional uses under this section must include the following information. Failure to provide all or part of this information may result in the denial of the permit application.

A. Towers:

(1) Site plan: A detailed site plan must be submitted showing structural design, setback distances from property lines, and proposed equipment buildings.

(2) Service provider report: a listing of service provider(s) that have contracted with the tower owner to utilize the proposed tower, including dates of lease execution and expiration, including copies of the front and back pages of the lease for each service provider. This is to ensure that the applicant is not constructing a tower to “attract” potential lessees.

(3) Proof of infeasibility of co-location: written evidence demonstrating that the applicant’s telecommunications equipment cannot be accommodated on an existing or approved tower or other structure within a one-mile search radius (one-half mile search radius for towers under 120 feet in height, one-fourth mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons:

(a) The planned equipment would exceed the structural capacity of the existing tower or other structure and the existing tower or other structure cannot be reinforced, modified or replaced. This information must be prepared by a licensed professional engineer.

(b) The applicant’s proposed telecommunication facility would cause electromagnetic interference with other equipment on the existing tower, or other structures would cause interference with the applicant’s proposed telecommunications facility. Documentation must show that the interference cannot be prevented at a reasonable cost. This information must be prepared by a licensed professional engineer.

(c) Existing towers within the search radius are not of sufficient height to function reasonably. This information must be prepared by a licensed professional engineer.

(d) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding any new tower construction over the term of the formal lease period are presumed to be unreasonable.

(e) Tower site inventory report. An inventory of existing sites within the County or within five miles of the border thereof must be submitted, including specific information about location, height, existing use, and available capacity of each tower (propagation map).

B. Co-location: All co-locations must provide a site plan showing structural design of the equipment to be located on an existing tower or structure, including any additions to the total height of the tower or structure. The site plan must also show any equipment to be installed at the base of the tower or structure and the setback distances from the property lines.

C. Additional requirements for all applications:

(1) Propagation maps (or “cell size”) of provider’s equipment at different heights.

(2) Propagation maps of provider’s equipment on other nearby towers.

(3) Evidence of Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) approval, where applicable.

§ 19.6-92.3 Permitted uses.

A. Co-locations in the following zoning districts: A-1, M-1, and IP, provided that the height of the existing structure is not increased more than 20 feet of its original permitted height. [Amended 7-6-2015]

B. New-construction towers that do not exceed 50 feet that are proposed for siting in all districts except for H-1 and the Floodplain Overlay (FPO) District.

C. New-construction towers that do not exceed 199 feet in height that are proposed for siting in M-1 and IP Zoning Districts, provided the site does not border a lot zoned H-1, R-1, R-2, R-3 or V-1. New-construction towers are allowed in B-1 Zoning Districts regardless of height. [Amended 7-6-2015]

D. If, in the Zoning Administrator’s opinion, an application for permitted use may have an adverse impact on surrounding properties, whether adjacent to the applicant’s parcel or not, the Zoning Administrator may require the applicant to obtain a conditional use permit. Adverse impact may include, but is not limited to, proximity to nearby homes and businesses or areas of historical interest.

§ 19.6-92.4 Conditional uses.

[Amended 7-6-2015]

A. New-construction towers that do not exceed 199 feet in height that are proposed for siting in an A-1, M-1, or IP Zoning District bordering an H-1, R-1, R-2, R-3 or V-1 District.

B. New-construction towers that exceed 199 feet in height that are proposed for siting in an A-1, M-1, or IP Zoning District.

§ 19.6-92.5 Additional requirements for conditional use permit submittals.

A. Factors for review. In determining whether to issue a conditional use permit under this section, the Board of Supervisors shall consider the following factors:

(1) Height of the proposed tower;

(2) Proximity of the tower to residential structures and residential district boundaries;

(3) Nature of the uses on adjacent and nearby properties;

(4) Surrounding topography;

(5) Surrounding tree coverage and foliage;

(6) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(7) Proposed ingress and egress;

(8) Co-location policy;

(9) Language of the lease agreement dealing with co-location;

(10) Consistency with the Comprehensive Plan and the purposes to be served by zoning;

(11) Availability of suitable existing towers and other structures;

(12) Need for tower because of gaps in wireless service to the proposed coverage area.

B. All applicants for a conditional use shall comply with the standards set herein for the submittal of a conditional use permit applicant. Additionally, all applicants for a conditional use permit shall address the factors for review noted above.

C. “Stealth design” option. The “stealth design” option conditional use process allows an applicant to site a new construction tower in the H-1, R-1, R-2, R-3 and V-1 Districts upon the filing and approval of a site plan that incorporates stealth design elements. Applicants who choose this option must also comply with the submission requirements outlined herein. A tower proposal will fall within the stealth design option if it meets the following:

(1) The tower is disguised to fit in aesthetically with its surroundings and to conceal its presence.

(a) This includes but is not limited to the following:

[1] Designed as a tree to be placed among similar-looking trees;

[2] Designed as a functional flagpole, light pole, or utility pole for placement at a commercial or industrial facility, public building, or within an existing utility easement;

[3] Designed as a new or concealed within an existing bell tower, church steeple or clock tower.

(b) The above designs and any alternative designs offered by the applicant are subject to the review and approval of the Planning Commission.

(2) All utility buildings and structures accessory to a tower are architecturally designed to blend in with the surrounding environment.

(3) Landscaping requirements.

(a) Tower sites shall be landscaped with a buffer of plant materials that effectively screens the view of the tower site from adjacent properties.

(b) The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the security fencing. The Zoning Administrator or Planning Commission shall provide guidelines as to the height and type of buffer to be constructed or planted and may require additional buffers in situations where the standard buffer would be inadequate.

(c) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

(d) Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible.

D. Preapplication meeting. Prior to submitting an application for a conditional use permit for a tower or co-location, the applicant shall meet with the County Planner or designee to discuss the proposed location of the tower, the location of all existing and planned towers which the applicant owns, operates, or co-locates on within the County, the feasibility of co-locating (in the case of new tower applications), and other project elements. Failure to schedule and attend a preapplication meeting shall preclude the acceptance and processing of a conditional use permit application.

E. Historical impact. Where a proposed tower site is within 1,000 feet of the Appomattox County Historical Park, the Board of Supervisors shall request and consider input from the United States Department of the Interior to determine the level of adverse impact upon the park. The Board of Supervisors can disapprove a conditional use permit application based upon any adverse impact that a proposed tower may have on the park.

§ 19.6-92.6 Prohibited uses.

A. New construction under 199 feet and co-locations are not permitted by right or conditional use in the H-1, R-1, R-2, R-3 or V-1 District unless application is made under the “stealth design” option conditional use procedure.

B. New construction towers that exceed 199 feet proposed for siting in the H-1, R-1, R-2, R-3 or V-1 District.

C. Towers of any height are not permitted in the Floodplain Overlay (FPO) District.

§ 19.6-92.7 Setbacks.

[Amended 7-6-2015]

All towers shall be set back 110% of the height of the proposed tower from all property lines, except as follows. The setback requirement may be reduced subject to a written opinion being provided by a professional engineer that the allowable reduction would be appropriate and provide the methodology by which the engineer reached his/her finding. Additionally, a fall zone easement may be obtained from an adjoining property owner to satisfy the setback requirement. The applicant shall provide, at the time of submittal, a copy of the easement, and evidenced as duly recorded in the Clerk of the Court’s office. Guy wires, fencing, and accessory facilities must also satisfy the minimum setback requirements of the district in which the siting is proposed. Also, new construction towers shall be set back a minimum of 200% of the height of the tower from any nearby residential structure, and in no case less than 400 feet.

§ 19.6-92.8 Signage, lighting, and fencing.

A. The use of any portion of a tower for signs, other than warning or equipment information signs, is prohibited. Signs are permitted on the equipment buildings, fencing, or on the ground, provided that the sign complies with all other County signage regulations.

B. Towers shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or the County. If lighting is required, the Planning Commission may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. When incorporated into the approved design of the tower, light fixtures used to illuminate ballfields, parking lots, or similar areas may be attached to the tower.

C. Tower sites shall be enclosed by security fencing and shall be equipped with an appropriate anti-climbing device sufficient to deter the general public from obtaining access to the site.

§ 19.6-92.9 Accommodation of future co-location uses.

A. Any proposed telecommunications tower and tower site shall be designed structurally, electrically, and in all respects to accommodate co-location of both the applicant’s telecommunications facility and comparable telecommunications facilities for at least two additional users if the tower height is 199 feet or less, and three additional users if the tower height is 200 feet or greater. Towers and tower sites shall be designed to allow for future rearrangement of telecommunications facilities upon the tower, to accept telecommunications facilities mounted at varying heights, and to accommodate supporting buildings and equipment on the tower site.

B. The holder of a conditional use permit for a tower shall not make co-location on the tower and tower site for additional users economically or technically unfeasible. If additional user(s) provide credible evidence that the holder of a tower permit has made co-location on such tower and tower site economically or technically unfeasible, the Zoning Administrator shall issue a notice of zoning violation. Failure to comply or to appeal the decision to the Board of Supervisors shall result in the revocation of the conditional use permit.

C. Local government access. Upon request, the holder of a conditional use permit for a tower shall provide the County with co-location opportunities as a community benefit for radio and emergency services.

§ 19.6-92.10 Removal of abandoned facilities and towers.

Any tower that is not operated for a continuous period of 12 months shall be considered a nuisance. In such circumstances, the following shall apply:

A. The owner of such communications facility or tower or owner(s) of the property where the tower site is located shall remove the communications facility and/or tower, including all supporting equipment and building(s), within 90 days of receipt of an abandonment notice from the County Building Official. If removal to the satisfaction of the Zoning Administrator does not occur within 90 days, the County may remove and salvage the communications facility or tower and all supporting equipment and building(s) at the property owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. Any such owner affected by this provision shall have the opportunity to appeal the Zoning Administrator’s decision to the Board of Zoning Appeals within 30 days of receipt of an abandonment notice.

B. The applicant for a permit under this chapter shall submit a copy of a signed agreement between the property owner and the owner of the tower, telecommunications facility or facilities, and supporting equipment and building(s) detailing requirements for abandonment and subsequent removal. The agreement shall also identify that the agreement shall be binding on future property owner(s) and future owner(s) of a tower, telecommunications facility or facilities, and all supporting equipment and building(s).

§ 19.6-92.11 Review fees.

Any costs incurred for review by a licensed professional engineer or other technical expert for any of the above required information shall be paid by the applicant. It shall also be the applicant’s responsibility to pay all costs associated with stealth design conditional use applications.

§ 19.6-92.12 Appomattox County Public Safety Communications System.

A. The tower owner shall be responsible for correcting any frequency problems which affect the Appomattox County Public Safety Communications System caused by a permitted or conditional use granted under this chapter. Corrections shall be made immediately upon notification by certified mail from the Appomattox County Administrator’s office. Failure to correct can result in the revocation of zoning and/or conditional use permits for the tower in question and fines provided by this chapter.

B. Tower owners shall comply with all County requirements pertaining to the reception and processing of wireless communications calls by the County’s Public Safety Answering Point (PSAP) facilities.

	Appendix to § 19.6-92
	Summary of Permitted and Conditional Uses [Amended 7-6-2015]
	Zoning District		Co-Location			New Tower <50 Feet	New Tower 51-199 Feet	New Tower 200 Feet or More
	A-1		P*			P	C	C
	B-1		P			P	P	P
	H-1		C/S			C/S	C/S	X
	M-1		P*			P	P**	C
	R-1		C/S			P	C/S	X
	R-2		C/S			P	C/S	X
	R-3		C/S			P	C/S	X
	V-1		C/S			P	C/S	X
	IP		P*			P	P**	C
		KEY:
		P		=	Permitted use.
		C		=	CUP required.
		C/S		=	CUP/stealth design option.
		X		=	Not permitted.
		P*		=	CUP required if increased by more than 20 feet.
		P**		=	CUP required if bordering H-1, R-1, R-2, R-3 or V-1 District.

§ 19.6-93 Special public interest overlay districts, generally.

§ 19.6-93.0 Intent.

The purpose of the special public interest overlay districts established in this chapter is to protect and enhance certain specific lands and structures which, by virtue of their type or location, have characteristics which are distinct from lands and structures outside the overlay districts. It is the intent of the governing body to permit, insofar as possible, those uses and structures which would otherwise be permitted, provided that reasonable and necessary conditions are met which ensure the protection and enhancement of said lands and structures. It is the further intent of the governing body to specifically protect and enhance the following:

A. Intensive livestock, dairy, and poultry facilities.

§ 19.6-93.1 General standards.

A. The special public interest overlay districts established in this section generally operate by establishing performance standards to effectuate the purposes of the district. Except as otherwise provided, they do not supersede the requirements of the underlying district. The strictest or most-restrictive standard shall apply in the event of conflict.

B. Land lying within the special public interest overlay districts shall remain part of the underlying zoning districts established by other provisions of this chapter and may, in addition, lie in one or more overlay districts in accordance with the designation of each.

§ 19.6-93.2 Creation of special public interest overlay districts.

A. Amendments to this chapter or to the Zoning Map shall be adopted in accordance with the provisions of this chapter.

B. Every recommendation for creation of a special public interest overlay district or addition of land thereto shall address the following, if applicable:

(1) A statement of purpose and intent shall specify the nature of the special and substantial public interest involved and objectives to be promoted by creation of the special public interest overlay district and imposition of the regulations proposed therefor.

(2) Proposed district boundaries shall be depicted on one or more maps, which shall also display all other zoning districts applicable to the property proposed for inclusion in the district.

(3) Regulations proposed to promote the special purposes of the district.

C. Regulations proposed with any special public interest overlay district shall be designed to reasonably promote the purposes of the district and may require or address any of the following, in addition to or in lieu of other regulations affecting property within the district:

(1) Submission of specifically detailed site plans, building plans, elevations and maps showing the relation of proposed development to surrounding or otherwise affected property in terms of location, scale or intensity, character, and continuity.

(2) Protection of features designated as being of special concern within the district.

(3) Mixtures or limitations of permitted uses.

(4) Special performance standards and development regulations.

(5) Other matters as appropriate to promote the special public interests of the district.

D. Regulations for any special public interest overlay district may require special review of the development plans by the Zoning Administrator generally within the district or for specified classes of uses within the district.

E. Procedure for amending Zoning Map to include overlay district.

(1) An application must be submitted, in writing, to the Zoning Administrator and must be accompanied by two copies of an acceptable site plan, where applicable, which identifies the areas to be included in the overlay district by Appomattox County Tax Map number. Other reasonable information may be required by the Zoning Administrator or as delineated in applicable provisions of this chapter.

(2) The Zoning Administrator shall submit the application to the Planning Commission for review. The Commission shall consider the proposed amendment after notice and public hearing in accordance with § 15.2-2285, Code of Virginia 1950, as amended. The Commission shall present its recommendations to the governing body. If the Commission fails to submit its recommendation to the governing body within 90 days of the first meeting of the Commission after the proposed amendment has been referred to it, the Commission shall be deemed to have approved the proposed amendment.

(3) The governing body shall consider the proposed amendment after notice and hearing in accordance with § 15.2-2285, Code of Virginia 1950, as amended, and shall take action on the proposed amendment within 90 days from the date of the public hearing.

(4) Any petition for zoning amendment may be withdrawn prior to action thereon by the governing body at the discretion of the person, firm, or corporation initiating such request, upon written notice to the Zoning Administrator.

(5) A property owner or his appointed agent shall not initiate action for a zoning amendment affecting the same parcel of land more often than once every 12 months.

§ 19.6-93.3 Waivers.

No waiver may be granted from any regulation or restriction imposed in any special public interest overlay district except as specifically provided in the regulations for such district.

§ 19.6-93.4 Mapping of special interest districts.

Upon approval of a special public interest overlay district, a map of the district boundaries shall be incorporated into the Zoning Maps of the County.

§ 19.6-94 Additional regulations for intensive farming facility.

[Amended 7-6-2015]

The following regulations shall apply to a new or existing intensive farming facility. Due to the intensity of production or raw material storage needs, it is necessary to have special control of operation, raw material storage and processing, and disposal of liquid and/or solid wastes.

§ 19.6-94.1 Area requirements.

Separate, but adjoining parcels owned by the same individual or entity may be utilized to satisfy the minimum area requirements.

A. Intensive livestock facility. If the operator of an intensive livestock facility has at least 300 beef cattle, 3,000 sheep, or 150 horses, then the minimum parcel size of which an initial livestock facility may be placed shall be 60 acres. For each subsequent increase in that number of livestock, 10 acres shall be required for each increase of 50 beef cattle, 500 sheep, or 25 horses.

B. Intensive dairy facility. If the operator of an intensive dairy facility has at least 200 dairy cattle, then the minimum parcel size of which an initial dairy facility may be placed shall be 60 acres. For each subsequent increase in that number of dairy cattle, 10 acres shall be required for each increase of 35 cattle.

C. Intensive poultry facility. If the operator of an intensive poultry facility has at least 30,000 chickens or 16,500 turkeys, then the minimum parcel size of which an initial poultry facility may be placed shall be 20 acres. For each subsequent increase in that number of poultry, 10 acres shall be required for each increase of 15,000 chickens or 8,250 turkeys.

D. Intensive swine facility. If the operator of an intensive swine facility has at least 750 pigs, then the minimum parcel size of which an initial swine facility may be placed shall be 150 acres. For each subsequent increase in that number of swine, ten (10) acres shall be required for each increase of 500 pigs.

§ 19.6-94.2 Minimum setbacks.

A. Intensive livestock facility.

(1) The minimum setback from all property lines shall be 150 feet. Additionally, an intensive livestock facility must be set back a minimum of 100 feet from any surface and/or drinking water source, excluding a wellhead specifically for the purpose of facility maintenance.

(2) The minimum distance from the intensive livestock facility to any dwelling shall be 200 feet.

(3) A waste storage area and/or structure shall be set back a minimum distance of 500 feet from any property line.

(4) The minimum distance from the intensive livestock facility to an incorporation town limits shall be 1,000 feet.

B. Intensive dairy facility.

(1) The minimum setback of any structure from all property lines shall be 150 feet. Additionally, an intensive dairy facility must be set back a minimum of 100 feet from any surface and/or drinking water source, excluding a wellhead specifically for the purpose of facility maintenance.

(2) The minimum distance from the intensive dairy facility to any dwelling shall be 200 feet.

(3) A waste storage area and/or structure shall be set back a minimum distance of 500 feet from any property line.

(4) The minimum distance from the intensive dairy facility to an incorporation town limits shall be 1,000 feet.

C. Intensive poultry facility.

(1) The minimum setback of any structure from all property lines shall be 300 feet. Additionally, an intensive poultry facility must be set back a minimum of 200 feet from any surface and/or drinking water source, excluding a wellhead specifically for the purpose of facility maintenance.

(2) The minimum distance from the intensive poultry facility to any dwelling shall be 200 feet.

(3) A waste storage area and/or structure shall be set back a minimum distance of 500 feet from any property line.

(4) The minimum distance from the intensive poultry facility to an incorporation town limits shall be 1,000 feet.

D. Intensive swine facility.

(1) The minimum setback of any structure from all property lines shall be 1,000 feet. Additionally, an intensive swine facility must be set back a minimum of 300 feet from any surface and/or drinking water source, excluding a wellhead specifically for the purpose of facility maintenance.

(2) The minimum distance from the intensive swine facility to any dwelling shall be 200 feet.

(3) A waste storage area and/or structure shall be set back a minimum distance of 500 feet from any property line.

(4) The minimum distance from the intensive swine facility to an incorporation town limits shall be 1,000 feet.

§ 19.6-94.3 Nutrient management plan.

A. No intensive facility shall commence operation until a nutrient management plan, if required by the Commonwealth of Virginia for the proposed facility, has been reviewed and approved by the Virginia Department of Conservation and Recreation or by the Virginia Cooperative Extension Service or by a person certified or employed by the commonwealth as a nutrient management planner.

B. Each facility already in operation or approved by the County shall have a nutrient management plan on file with the Zoning Administrator.

§ 19.6-95 Wind energy systems.

§ 19.6-95.1 Purpose.

The purpose of this § 19.6-95 is to foster the development of alternative power resources and to provide standards for placement and design of wind energy systems. These standards will facilitate a safe and natural environment which does not harm or hinder living beings. The requirements set forth herein shall strive to protect the County’s rural and scenic landscape, cultural amenities, and historic sites.

§ 19.6-95.2 Applicability.

This § 19.6-95 applies to all wind energy systems proposed to be constructed after the effective date of this § 19.6-95 and to all existing wind energy systems, if any, which request to be altered from their original state of permit, excluding any necessary monitoring or maintenance of the wind energy system.

§ 19.6-95.3 Use of third-party consultant.

The County reserves the right to employ the services of a wind energy consultant to review all applications. All applicable costs associated with such review shall be the responsibility of the applicant. The recommendation(s) of the consultant will be considered by the Zoning Administrator and/or governing body in making a decision as to whether or not to issue a permit for a wind energy system.

§ 19.6-95.4 Site plan required.

A site plan shall be submitted at the time of application for any wind energy system. Comments received by any applicable review agency shall be addressed by the applicant prior to granting that permit.

§ 19.6-95.5 Uses permitted by administrative review.

A. The uses listed in this section shall be permitted only upon the issuance of an administrative permit by the Zoning Administrator pursuant to the provisions of this § 19.6-95. Administrative permits are to be issued for systems where the applicant can demonstrate that the proposal meets the standards herein and the system will not have an undue adverse impact on the surrounding neighborhood.

B. Wind energy systems shall be permitted in Agricultural Zoning District (A-1), Commercial Zoning District (B-1) and Industrial Zoning District (M-1), provided the following standards and specifications are met:

(1) The wind energy system is no more than 50 feet in height; and

(2) Where no more than two systems are located on any parcel; and

(3) Where no lighting of any kind is located on the wind turbine; and

(4) The applicant shall provide evidence that the provider of electric utility service to the site has been informed of the applicant’s intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states on the application, that the system will not be connected to the electricity grid; and

(5) The applicant will provide information demonstrating that the system will be used primarily to reduce on-site consumption of electricity.

C. For the purposes of testing and monitoring, an anemometer may be installed with the issuance of an administrative permit, renewable and valid for one year, provided:

(1) It must be set back 110% of the height of the anemometer from all property lines; and

(2) It must be set back a minimum of 150% of the height of the anemometer from any dwelling on an adjacent parcel.

D. Standards applicable to wind energy system administrative review.

(1) Setbacks. Setback requirements shall not preclude the construction of habitable buildings on the same or adjacent parcels following the construction of the wind energy structure. The minimum distance from the base on a wind energy structure to all property lines shall be 110% of the structure height, and 150% of the structure height from any dwelling on an adjacent parcel. There is no setback from primary or accessory buildings on the same parcel as the structure. Additionally, there is no setback from accessory structures on adjoining parcels.

(2) Any accessory building ancillary to the wind energy system shall meet the minimum accessory structure setback for the district in which it is located.

(3) Height. The maximum height of the wind energy structure, measured at the peak of the point of the arc of the blades, shall be no more than 50 feet. If an applicant desires to have a wind energy structure exceed this limit, then a conditional use permit may be obtained from the governing body. The applicant shall follow the same requirements for a conditional use permit as found in this chapter.

(4) The minimum distance between the ground and any protruding blades utilized on a wind turbine shall be 15 feet, as measured from the lowest point of the arc of the blades.

(5) Wind energy structures standing alone shall be secured by anti-climbing devices unless determined by a professional engineer not to be warranted.

(6) Minimum lot size shall be one acre to be eligible for a wind energy system.

(7) A maximum of two wind energy systems shall be permitted on any one parcel. No wind energy system shall be located on a vacant parcel unless it is proven to be an accessory to a dwelling or commercial building on an adjacent parcel. More than two wind energy systems shall be defined as a wind farm and shall follow the same requirements for a conditional use permit as found in this chapter.

(8) Noise created by wind energy systems shall not exceed 80 decibels (dB), as measured at the nearest property line. The level may be exceeded during short-term events such as severe windstorms. The applicant is responsible for providing information from a certified technician/installer stating that noise levels are in compliance with this standard. Failure to comply shall be subject to prosecution under the Peace and Good Order Chapter of the Appomattox County Code.

(9) Shadow/flicker. Wind energy systems shall be sited in a manner that does not result in shadowing or flicker impacts. The applicant shall provide documentation from a professional engineer that no shadow/flicker impacts are found. If this standard cannot be met, then a conditional use permit may be obtained from the governing body. The applicant shall follow the same requirements for a conditional use permit as found in this chapter.

(10) Federal and state regulations. Wind energy systems shall meet applicable federal and state standards and regulations set forth by the Federal Aviation Administration (FAA), Virginia Department of Environmental Quality (DEQ), Virginia State Corporation Commission (SCC), and other agencies with the authority to regulate such systems.

(11) Signs. No signs or advertising of any type may be placed on the wind energy system unless required by a federal, state or local regulatory agency.

(12) Notification of adjoining property owners. Upon receipt of an application for an administrative permit, the Zoning Administrator shall send, by first-class mail, written notice of such application to all adjoining property owners as shown on the current real estate assessment database. A twenty-one-day review period shall ensue.

(a) If a written objection is received within the review period, then the application shall be denied, and the applicant shall be advised that the request may be resubmitted as a conditional use permit petition subject to the same requirements for a conditional use permit as found in this chapter.

(b) If no written objection is received and the applicant meets all other requirements of this section, then the Zoning Administrator shall approve the administrative permit.

§ 19.6-95.6 Uses permitted by conditional use permit.

A. Wind energy systems shall be permitted by conditional use permit in the Residential Zoning District (R-1) and Residential Zoning District (R-2), subject to the same requirements for a conditional use permit as found in this chapter.

B. The general standards stated above in § 19.6-95.5D shall apply to these wind energy systems approved under a conditional use permit.

C. Additionally, a conditional use permit may be approved in the Agricultural Zoning District (A-1), Commercial Zoning District (B-1) and Industrial Zoning District (M-1) for the following circumstances:

(1) The wind energy system is greater than 50 feet in height; or

(2) Where more than two systems are desired on one parcel; or

(3) Where a wind energy system is proposed to be lighted; or

(4) Where objections have been received for the system otherwise permitted by an administrative permit.

§ 19.6-95.7 Removal, maintenance, and safety.

A. The applicant shall maintain the wind energy system in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity checks of the foundation and support structure, maintenance of the buffer area, and any access road (if applicable).

B. Any wind energy system that is found to be unsafe by the Building Official shall be repaired by the owner to meet federal, state, and local safety standards or shall be removed within six months. Any wind energy system that is not operated for a continuous period of 24 months shall be considered abandoned, and the owner of the system shall remove the system within 180 days of notification from the County instructing the owner to remove said system.

C. The applicant shall notify the County within 30 days of the date the system is no longer used for wind energy and demolition has been completed.

§ 19.6-96 Planned unit development (PUD).

§ 19.6-96.1 Purpose.

A. The purpose of planned unit development (PUD) is to promote the efficient use of land by allowing a wide range of land uses at various densities and allowing the flexible application of development controls, while protecting surrounding property, natural and cultural resources, and the scenic beauty of the land.

B. A PUD is intended to allow greater flexibility than is generally possible under conventional zoning district regulations by encouraging ingenuity, imagination, and high quality-design. Incorporation of significant areas of open space is a primary component of this type of development. A PUD is particularly appropriate for parcels which contain a number of constraints to conventional development. In addition to an improved quality of design, the PUD creates an opportunity to reflect changes in technology of land development, provide for opportunities for new approaches to home ownership, and provide for an efficient use of land which can result in reduced development costs.

C. A PUD shall be a visual asset to the community. The appropriate siting of buildings, controlled access points, attractive and harmonious architecture, and effective landscape buffing shall be characteristics of these planned communities. They may have a variety of uses (commercial, industrial, residential) which all complement the quality of life within the development and surrounding community.

§ 19.6-96.2 Conditional use permit required.

A PUD shall be subject to a conditional use permit in all zoning districts.

§ 19.6-96.3 Permitted uses.

Permitted uses shall be those uses specifically included in the final master plan approved by the Board of Supervisors.

§ 19.6-96.4 Site development regulations.

Each PUD shall be subject to the following site development standards:

A. Acreage requirement. Minimum acreage required to create a PUD shall be 50 acres of contiguous land. Land under common ownership but separated by an existing public street may be counted in total; however, this is not desirable. Land adjacent to an existing PUD, regardless of size, may be incorporated into the development if reviewed and approved according to the procedures of this chapter.

B. Lot sizes, lot frontage, and density. Minimum lot sizes for allowable uses, minimum lot frontage requirements, and residential densities shall be established during the review and approval of the master plan.

C. Lot coverage. Maximum lot coverage shall be established during the review and approval of the master plan but in no case shall exceed 75%.

D. Building setbacks and spacing.

(1) Minimum front setback. All structures proposed to front on an existing public street external to the PUD shall be located a minimum of 50 feet from the existing public right-of-way.

(2) Minimum setback and spacing shall be specifically established during the review and approval of the master plan. The following guidelines shall be used in establishing the building spacing and setbacks:

(a) Building spacing shall provide adequate privacy within each dwelling unit;

(b) Building spacing shall ensure that each room has adequate light and air;

(c) Areas between buildings used as service yards, for storage of trash, or for other utilitarian purposes should be designed so as to be compatible with adjoining dwellings;

(d) Building spacing and design shall provide privacy for outdoor activity areas (patios, decks, etc.) associated with individual dwelling units.

E. Building/structure height. The height of buildings and structures shall be established during the review and approval of the master plan. Buildings and structures over 45 feet in height will need to be justified in order to receive approval.

F. Architectural standards. PUDs shall complement and enhance the best characteristics of the surrounding community. A variety of architectural features and building materials should be utilized to provide the development with a unique character, while maintaining compatibility with the surrounding area’s architecture. Architectural renderings shall be submitted with the conditional use permit application. The renderings shall include the features, materials, and the articulation of the facade of the building for all sides visible from a public right-of-way.

G. Streets. Streets in the PUD shall be built in accordance with VDOT standards. In reviewing the master plan, the Planning Commission may recommend and the Board of Supervisors may approve one or more private streets interior to the development. Private streets must meet the same standards as VDOT-maintained streets. Streets must have a minimum fifty-foot right-of-way. Alleyways must have a minimum twenty-foot right-of-way. A typical street section should include a planting strip (between three feet and six feet) and sidewalk. The planting strip shall be included on both sides of the street. Curb and gutter design is encouraged.

H. Entrances. In order to promote safe ingress and egress for the development, the minimum separation distance between entrances to the existing public right-of-way shall be 300 feet, except for single-family dwellings, which shall front an internal street. The principal entrance to the PUD shall be sufficiently landscaped to comply with the intent of this chapter. Additionally, the first 100 linear feet of street leading through the principal entrance shall have a landscaped median of sufficient width and planting density to meet the intent of this chapter.

I. Pedestrian facilities. A PUD should be designed at a walkable scale. In residential areas, sidewalks shall be a minimum of five feet in width and be on both sides of the road. In commercial and industrial areas, sidewalks may be replaced with paved trails with a minimum width of six feet. Sidewalks or trails located outside of a public right-of-way shall be located within a permanent easement of at least 10 feet in width. Additional pedestrian facilities (benches, pocket parks, trash receptacles, etc.) should be incorporated into all areas of the PUD.

J. Lighting. Streetlighting is desirable along all public streets within the PUD. Generally, more low-intensity lights, as opposed to fewer high-intensity lights, shall be used. Streetlights shall be installed on both sides of the street. The spacing between streetlights (on opposite sides of the street) shall not be greater than 75 feet.

K. Signage. A comprehensive signage plan should be submitted with the master plan and approved as part of the conditional use permit. The signage plan shall cover the entire development and establish a uniform signage theme. Sign height and area shall be established in the master plan; however, the height of a freestanding sign shall not exceed 15 feet.

L. Open space. Minimum common open space and/or recreational areas shall be 15% of the gross area of the PUD. For developments with an overall density greater than eight units per acre in residential areas, the minimum common open space and/or recreational areas shall be 30% of the gross area of the PUD. Common open space shall not include proposed street rights-of-way, open parking areas, driveways, or sites “reserved” for future use. Common open space and/or recreational areas shall be of an appropriate nature and location to serve the residents of the development. The construction or provision for open space and/or recreational areas must proceed at the same rate as the construction of dwelling units and/or commercial/industrial activity.

M. Landscaping/buffer yards. PUDs shall be well landscaped and have a park-like atmosphere meeting the overall intent of this chapter. The composition and location of landscaping shall complement the scale of the development and its surroundings. Minimum landscaping requirements shall generally follow those set forth in this chapter; however, alternative landscape plans are encouraged to be submitted as part of the master plan.

N. Utilities. PUDs are encouraged to be located in areas which are served or can easily be served by public water and/or sewer. Other utilities (electric, telephone, etc.) shall be placed underground, unless the type of service necessary for normal activities prohibits underground installation.

O. Miscellaneous. Any outside storage area shall be fully screened so that no materials stored are visible from any public right-of-way. Fences shall not be placed in a front yard except as necessary for security purposes. Fencing shall be uniform and well kept.

§ 19.6-96.5 Revisions to master plan.

All revisions to the final approved master plan shall be reviewed by the Planning Commission. The Planning Commission shall decide if the changes are minor or major. Minor changes shall be approved by the Planning Commission. Major changes shall be forwarded to the Board of Supervisors with a recommendation from the Planning Commission. Prior to approval of any major revision, the Board of Supervisors shall hold a duly noticed and publicized public hearing to receive comments. Major revisions include, but are not limited to:

A. Any increase in the density of the development;

B. Substantial change in the circulation or access;

C. Substantial change to the mixture of residential, commercial and/or industrial uses;

D. Reduction in the amount of open space, landscaping or buffering;

E. Any other change the Planning Commission determines is a major divergence from the approved master plan.

 

Section 11

§ 19.6-76 FPO Floodplain Overlay District.

§ 19.6-76.1 Purpose.

The purpose of the Floodplain Overlay District requirements is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base. All references in this section to variances and recreational vehicles shall be limited to the applicable section herein.

§ 19.6-76.2 Applicability.

These provisions shall apply to all lands within the jurisdiction of Appomattox County and identified in the one-hundred-year floodplain by the Federal Emergency Management Agency.

§ 19.6-76.3 Disclaimer of liability.

The degree of flood protection required by these requirements is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. These requirements do not imply that areas outside the floodplain districts and any land uses will be free from flooding or flood damage and shall not create liability on the part of the County or any officer or employee thereof for any flood damages that result from reliance on these requirements or any administrative decision lawfully made thereunder.

§ 19.6-76.4 Basis of floodplain districts.

Floodplain districts shall include areas subject to inundation by water of the one-hundred-year flood. The basis for the delineation of floodplain district boundaries shall be the Flood Insurance Study for Appomattox County prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated January 2, 2008, as amended, in which the boundaries of the floodplain districts are shown on the Flood Boundary and Floodway Map, which is declared to be part of this chapter and which shall be kept on file at the Zoning Administrator’s office.

A. District boundary changes. The delineation of any of the floodplain districts may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or more-detailed studies have been conducted or undertaken by the United States Army Corps of Engineers, or other qualified agency or individual, which document the notification for such change. However, prior to any such change, approval must first be obtained from the Federal Insurance Administration.

B. Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain district shall be made by the Zoning Administrator. Should a dispute arise concerning the boundaries of any of the districts, the Board of Zoning Appeals shall make the necessary determination. A person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present a case and may submit his/her own technical evidence.

§ 19.6-76.5 Establishment of floodplain districts.

The floodplain areas within the County are hereby divided into four districts: Floodway District, Flood-Fringe District, Special Floodplain District, and Approximated Floodplain District.

A. The Floodway District is delineated for the purpose of this chapter using the criteria that a certain area within the floodplain must be capable of carrying waters of the one-hundred-year flood without increasing the water surface elevation of the flood more than one foot at any point. The areas included in this district are specifically defined in the above-referenced Flood Insurance Study and shown on the Flood Boundary and Floodway Map or Flood Insurance Rate Map.

B. The Flood-Fringe District shall be that area of the one-hundred-year floodplain not included in the Floodway District. The basis for the outermost boundary of this district shall be the one-hundred-year flood elevations contained in the flood profiles of the above-referenced Flood Insurance Study and as shown on the Flood Boundary and Floodway Map or Flood Insurance Rate Map.

C. The Special Floodplain District shall be those areas identified as Zone AE on the maps accompanying the Flood Insurance Study for which one-hundred-year flood elevations have been provided but for which no floodway has been delineated.

D. The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one-hundred-year floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the Flood Insurance Study. For these areas, the one-hundred-year flood elevation and floodway information should be used, when available. Hydrologic and hydraulic analysis shall be undertaken only by professional engineers or others qualified to do so to determine this area when no other means is available. This information is the responsibility of the developer to provide to the Zoning Administrator.

§ 19.6-76.6 Allowable activities.

A. In the Floodway District, no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate local and/or state authorities, as required herein. The following uses and activities may be permitted, provided that they do not require structures, fill, or storage of materials and equipment:

(1) Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.

(2) Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, horseback riding and hiking trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting/fishing areas.

(3) Accessory residential uses, such as yard areas, gardens, play areas, and loading areas.

B. In the Flood-Fringe District, the development and/or use of land shall be permitted in accordance with the regulations herein provided so that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Unified Statewide Building Code and all other applicable codes and ordinances used by the Building Official.

C. In the Special Floodplain District, until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as Zone AE on the Flood Insurance Rate Map, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the County boundaries. Development activities in areas identified as Zone AE on the Appomattox County Flood Insurance Rate Map which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the developer or applicant first applies, with County endorsement, for a conditional Flood Insurance Rate Map revision and receives the approval of the Federal Emergency Management Agency.

D. In the Approximated Floodplain District, the development and/or use of land shall be permitted in accordance with the regulations herein provided so that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Unified Statewide Building Code and all other applicable codes and ordinances used by the Building Official.

§ 19.6-76.7 General requirements.

A. All uses, activities, and development occurring within any floodplain district shall be undertaken only upon the issuance of a compliance permit as required in this chapter. Such development shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances, such as the County Building Code. Prior to issuance of any such permit, the Zoning Administrator and the Building Official shall require all applications to include compliance with all applicable state and federal laws.

B. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channel or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

C. Prior to any proposed alteration or relocation of any channels or floodways of any watercourse or stream within the County, approval shall be obtained from the Division of Soil and Water Conservation (Virginia Department of Conservation and Recreation). A permit from the United States Army Corps of Engineers and the Marine Resources Commission and/or certification from the State Water Control Board may be necessary. A joint permit application is available from any one of these agencies. Further notification shall be given to all affected adjacent jurisdictions. Copies of such notification shall be filed with the Division of Dam Safety and Floodplain Management (Virginia Department of Conservation and Recreation) and the Federal Insurance Administration.

D. All applications for development in a floodplain district and all building permits issued for the floodplain shall contain the following information:

(1) Elevation of the lowest floor.

(2) Elevation of the one-hundred-year flood.

(3) Topographic information showing existing and proposed ground elevations.

E. The placement of any manufactured home within a floodway district is prohibited.

§ 19.6-76.8 Existing structures.

A structure or premises which lawfully existed before the enactment of these provisions but which is not in conformity with these provisions may be continued as a nonconforming use. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use less than 50% of its market value shall be elevated or floodproofed to the greatest extent possible. Any modification, alteration, repair, reconstruction or improvement of any kind greater than 50% of its market value shall be in full compliance with the provisions of the County Building Code.

§ 19.6-76.9 Variances as applied to the Floodplain Overlay District.

A. In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of this chapter and consider the following additional factors:

(1) The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway district that will cause any increase in the one-hundred-year flood elevation.

(2) The danger that materials may be swept onto other lands or downstream to the injury of others.

(3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

(5) The importance of the services provided by the proposed facility to the community.

(6) The requirements of the facility for a waterfront location.

(7) The availability of alternative locations not subject to flooding for the proposed use.

(8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(9) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.

(10) The safety of access by ordinary and emergency vehicles to the property in time of flood.

(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

(12) The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(13) Such other factors which are relevant to the purposes of this chapter.

B. The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities and the adequacy of the plans for flood protection and other related matters.

C. Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not:

(1) Result in unacceptable or prohibited increases in flood heights;

(2) Result in additional threats to public safety;

(3) Result in extraordinary public expense;

(4) Create nuisances;

(5) Cause fraud or victimization of the public; or

(6) Conflict with local laws or ordinances.

D. Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief from hardship to the applicant.

E. The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the one-hundred-year flood elevation:

(1) Increases the risks to life and property; and

(2) May result in increased premium rates for flood insurance.

F. A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

 

Section 10

§ 19.6-75 H-1 Historic Overlay District.

A. Purpose. The purpose of this district is to recognize, preserve, and encourage the continued appropriate development of historic resources in designated areas by establishing standards for development and allowable uses that will ensure such development. While much of the area in these districts may remain virtually unchanged, other sections may need to change to serve the best interest of the area and its environs and the surrounding property owners. Typical uses within this district include restoration and reconstruction of historic structures, related residential, educational, administrative, maintenance, public assembly, and festival activities, and limited supporting commercial activities.

B. Existing structures and land uses. The provisions of this section shall apply only to structures constructed and land uses established or modified after the effective enactment date of this chapter.

C. Permitted uses:

	Museums, visitor centers and learning centers
	Restoration and reconstruction of historic structures
	Shops and facilities associated with the historic nature of the property
	Accessory structures related to a permitted use
	Administrative and maintenance facilities related to the historic property
	Agriculture
	Domestic chickens
	Interpretive or other educational structures related to the historic property
	Public activities, promotions, festivals, and celebrations
	Single-family dwelling
	Staff housing

D. Conditional uses.

	Cemeteries
	Religious assembly

E. Site development regulations.

(1) The site development regulations in the district shall be the same as those regulations in the A-1 Agricultural Zoning District.

(2) To provide for adequate screening from adjacent properties, any new structure development, restoration of existing structures, or access to facilities such as roads, parking facilities, or walking path, within 50 feet of any property line shall be screened with a natural vegetative buffer. The buffer shall contain a mixture of deciduous and evergreen trees and shrubbery.

(3) Signage shall meet the requirements of the A-1 Agricultural Zoning District and should directly relate to the historic nature of the property.

 

Section 9

§ 19.6-74 IP Planned Industrial District.

A. Purpose. The Planned Industrial (IP) District is established primarily for light to medium industrial uses. Supporting accessory uses and facilities, such as office and commercial establishments, are also permitted. The IP District is intended to be designed with a park-like atmosphere that complements surrounding land uses by means of appropriate siting of buildings, controlled access points, attractive and harmonious architecture, and effective landscape buffering. The IP District is intended to provide flexibility in design and site layout, allow latitude in combining different use types within a single development, and provide the developer with incentives to create an aesthetically pleasing and functional planned development. Important in determining the location and size of an IP District is the accessibility of the location, the availability of public utilities, public safety services, and the suitability of the topography for industrial purposes.

B. Permitted uses:

	Accessory uses/structures
	Administrative services
	Agricultural services
	Amateur radio tower
	Automobile parts/supply, retail
	Business or trade school
	Business support services
	Communications services
	Community recreation
	Construction sales and services
	Consumer repair services
	Convenience store
	Crisis center
	Educational facility, college/university
	Educational facility, primary/secondary
	Financial institution
	Garden center
	General office
	Industrial manufacturing
	Laboratories
	Landscaping and lawn care services
	Medical office
	Park-and-ride facility
	Parking facility
	Personal improvement services
	Personal services
	Post office
	Public maintenance and service facility
	Public parks and recreational areas
	Railroad facilities
	Safety services, public
	Utility services
	Warehouse and distribution

C. Conditional uses: [Amended 3-29-2016]

	Accessory apartment
	Asphalt plant
	Automobile dealership
	Automobile rental/leasing
	Automobile repair services
	Aviation facility, private
	Aviation facility, public
	Brewery
	Custom manufacturing
	Distillery
	Fish hatchery
	Gasoline station
	Landfill, sanitary
	Meat packing plant
	Outdoor gathering
	Planned unit development
	Public assembly
	Recycling center
	Resource extraction
	Safety services, private
	Scrap and salvage yard
	Transfer station
	Transportation terminal
	Truck terminal
	Winery
	Wireless communications facility

D. Uses specifically prohibited:

	Abattoirs (slaughterhouses)
	Contractor yards
	Fuel storage yards
	Lumberyards
	Sawmills
	Stonework

E. Site development regulations.

(1) Minimum acreage required to create a new Planned Industrial District or to expand an existing Planned Industrial District shall be 15 acres of contiguous land.

(2) Minimum lot requirements:

(a) Lots served by private well and sewage disposal system:

[1] Area: 1.5 acres (65,340 square feet).

[2] Frontage: 100 feet on a publicly owned and maintained street.

(b) Lots served by either public water or sewer, or both:

[1] Area: 25,000 square feet (0.57 acre).

[2] Frontage: 100 feet on a publicly owned and maintained street.

(c) Minimum setback requirements:

[1] Front yard:

[a] Principal structure: 30 feet, or 20 feet when all parking is behind the front building line.

[b] Accessory structure: behind the front building line.

[2] Side yard:

[a] Principal structure: 10 feet.

[b] Accessory structure: three feet.

[3] Rear yard:

[a] Principal structure: 10 feet.

[b] Accessory structure: three feet.

[4] Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

(d) Maximum height of structures:

[1] All structures: 45 feet. Structures may exceed the height limitation provided a conditional use permit is approved in accordance with this chapter.

(e) Maximum coverage:

[1] Building coverage: 75% of total area.

[2] Lot coverage: 90% of total area.

(f) Special regulations:

[1] The following regulations shall apply in IP Districts:

[a] Required setback areas and other open areas not needed for operations shall be landscaped, and such landscaping shall be maintained at all times.

[b] The following buffer areas shall be required:

[i] A minimum of 75 feet from any adjoining agricultural, residential, village center or historic overlay district.

[ii] A minimum of 20 feet from any adjoining commercial or industrial district.

[c] No use shall be permitted which produces objectionable noise or smell, unshielded light, dust, or any other airborne nuisance which is perceptible beyond the property boundary line.

[d] All manufacturing, processing, testing, and similar operations shall be contained completely within buildings or structures.

[e] Refuse collections areas and bulk loading areas, including a loading and unloading berth, shall be screened from view from all public streets or common boundaries with residential districts. These facilities shall be screened using construction materials or earth berms or landscaping that provides year-round screening. This regulation shall not apply to parking or recreational facilities, except that such facilities shall be screened from any adjacent residential development.

(g) Utilities. Utilities shall be underground unless the type of service necessary for normal activity of the industry or business shall prohibit underground installation.

(h) In order to promote safe ingress and egress for the development, the minimum separation distance between entrances to the public right-of-way shall be 300 feet. Additional access between adjoining lots, such as frontage roads and shared parking lots, is strongly encouraged.

(i) Fire-prevention systems and hydrants. The placement of fire hydrants or other fire-prevention systems shall be reviewed by the local Fire Marshal to ensure compliance with the standards set forth by the National Fire Protection Association, or NFPA.

F. Site development recommendations.

(1) The IP District should be designed and developed as an industrial park with high standards for landscaping, buffering, and open space. To ensure a park-like atmosphere, the following recommendations are made:

(a) The principal entrance to the IP District should be sufficiently landscaped to comply with the purpose of this district.

(b) Parking should be located to the side or rear of the principal structures on the lot wherever feasible. During review, consideration will be given to topographical constraints, innovative site design, buffering and landscaping factors.

(c) Loading areas should be minimized and sufficiently screened as stated in the site development regulations.

(d) Fences should not be placed in front yards except where necessary for security purposes. Fencing should be uniform and well kept.

(e) Open space and recreational areas should be utilized in the design of the development. It is recommended that 15% of the total acreage be developed in this manner.

 

Section 8

§ 19.6-73 M-1 Industrial District.

A. Purpose. The purpose of this district is to provide areas within the County which are suitable for less-intensive industrial activities. M-1 areas are primarily designated based on the suitability of the land in terms of slope and freedom from flooding, as well as the availability of public services, access to arterial road network, and proximity to rail and airport facilities or the interstate highway system. Distributing these areas throughout the County in a planned manner to create employment centers within close proximity to residential growth areas and reduce heavy traffic generation of industrial uses is encouraged. Since this district promotes uses that generally will conflict with most others, a high degree of protection to adjoining properties is strongly encouraged.

B. Permitted uses: [Amended 3-29-2016]

	Accessory uses/structures
	Administrative services
	Amateur radio tower
	Brewery
	Business or trade school
	Business support services
	Communications services
	Composting
	Construction sales and services
	Construction yard
	Consumer repair services
	Contractor yard
	Convenience store
	Custom manufacturing
	Distillery
	Equipment sales and rental
	Financial institutions
	Garden center
	General office
	Hotel/motel/motor lodge
	Industrial manufacturing
	Kennel, commercial
	Laboratories
	Landscaping and lawn care services
	Manufactured home sales
	Medical office
	Microbrewery
	Mini warehouse
	Park-and-ride facility
	Parking facility
	Pawn shop
	Personal improvement services
	Personal services
	Post office
	Public maintenance and service facility
	Public parks and recreational areas
	Recreational vehicle sales and service
	Restaurant
	Retail sales
	Safety services, public
	Sawmill
	Studio, fine arts
	Truck terminal
	Veterinary hospital/clinic
	Warehouse and distribution
	Winery

C. Conditional uses:

	Automobile graveyard
	Aviation facility, private
	Aviation facility, public
	Flea market
	Gasoline station
	Outdoor gathering
	Planned unit development
	Public assembly
	Recycling center
	Resource extraction
	Scrap and salvage services
	Transfer station
	Truck stop
	Wireless communications facility

D. Site development regulations.

(1) Minimum lot requirements:

(a) Lots not served by public water or sewer:

[1] Area: 25,000 square feet (0.57 acre).

[2] Frontage: 100 feet on a publicly owned and maintained street.

(b) Lots served by either public water or sewer:

[1] Area: 15,000 square feet (0.34 acre).

[2] Frontage: 80 feet on a publicly owned and maintained street.

(c) Lots served by both public water and public sewer:

[1] Area: 10,000 square feet (0.23 acre).

[2] Frontage: 80 feet on a publicly owned and maintained street.

(d) Minimum lot size and permitted densities for multifamily dwellings and townhomes are referenced in the Additional Regulations section.

(2) Minimum setback requirements:

(a) Principal structure:

[1] Front: 35 feet from property line or 60 feet from center line of public road, whichever is greater.

[2] Side: 15 feet.

[3] Rear: 35 feet.

(b) Accessory structure:

[1] Front: 35 feet from property line or behind the front building line, whichever distance is less.

[2] Side: 15 feet.

[3] Rear: 15 feet.

(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

(3) Maximum height of structures:

(a) All structures: 35 feet.

(4) Maximum coverage:

(a) Building coverage: 35%.

(b) Lot coverage: 50%.

 

Section 7

§ 19.6-72.1 B-2 Limited Commercial District.

[Added 8-3-2015]

A. Purpose. The purpose of this district is to provide locations for a limited segment of commercial and service-related activities within the suburban service area serving larger neighborhoods. This district is intended for application along the major thoroughfares and near existing residential zoning districts. Limited Commercial Districts are most appropriately found along major arterial thoroughfares which serve large segments of the county’s residential population and provides a variety of small retail and service-related uses that are meant to be compatible with nearby residential uses. They typically will generate minimal light, noise, and other nuisances. They do not involve the constant traffic flows associated with larger retail/commercial activities.

B. Permitted uses:

	Accessory apartment
	Accessory uses/structures
	Administrative services
	Amateur radio tower
	Antique shops
	Automobile rental/leasing
	Business or trade school
	Business support services
	Civic clubs
	Clinic
	Consumer repair services
	Day-care center
	Domestic chickens
	Educational facilities, primary/secondary
	Financial institutions
	Funeral services
	General office
	Guidance services
	Home beauty/barber salon
	Medical office
	Park-and-ride facility
	Pawnshop
	Personal improvement services
	Personal services
	Post office
	Religious assembly
	Retail sales
	Small Scale or Residential Solar Energy Farm
	Studio, fine arts
	Utility services
	Veterinary hospital/clinic
	Wayside stand

 

C. Conditional uses:

	Automobile dealership
	Automobile graveyard
	Automobile parts/supply retail
	Automobile repair services
	Bed-and-breakfast
	Commercial indoor amusement
	Commercial indoor entertainment
	Commercial indoor sports and recreation
	Commercial outdoor entertainment
	Commercial outdoor sports and recreation
	Equipment sales and rental
	Public assembly
	Recycling center
	Stable, commercial
	Two-family dwelling
	Wind energy system
	Wireless communication facility

D. Site development regulations.

(1) Minimum lot requirements:

(a) Lots not served by public water or sewer:

[1] Area: one acre (43,560) square feet.

[2] Frontage: 100 feet on a publicly owned and maintained street.

(b) Lots served by either public water or sewer:

[1] Area: 15,000 square feet (0.34 acre).

[2] Frontage: 80 feet on a publicly owned and maintained street.

(c) Lots served by both public water and public sewer:

[1] Area: 10,000 square feet (0.23 acre).

[2] Frontage: 80 feet on a publicly owned and maintained street.

(2) Minimum setback requirements:

(a) Principal structure:

[1] Front: 20 feet from property line or 45 feet from center line of public road, whichever is greater.

[2] Side: 15 feet.

[3] Rear: 15 feet.

(b) Accessory structure:

[1] Front: 45 feet from property line or behind the front building line, whichever distance is less.

[2] Side: 15 feet.

[3] Rear: five feet.

(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

(3) Maximum height of structures.

(a) All structures: 25 feet.

(4) Maximum coverage:

(a) Building coverage: 40%.

(b) Lot coverage: 60%.

Section 6

§ 19.6-72 B-1 General Commercial District.

A. Purpose. The purpose of this district is to provide locations for a variety of commercial and service-related activities within the suburban service area serving larger neighborhoods and the County in general. This district is intended for general application throughout the County. General Commercial Districts are most appropriately found along major arterial thoroughfares which serve large segments of the County’s population. This district provides a wide variety of retail and service-related uses.

B. Permitted uses: [Amended 8-3-2015; 3-29-2016]

	Accessory apartment
	Accessory uses/structures
	Administrative services
	Agricultural services
	Amateur radio tower
	Antique shops
	Automobile dealership
	Automobile parts/supply retail
	Automobile rental/leasing
	Automobile repair services
	Bed-and-breakfast
	Business or trade school
	Business support services
	Campground
	Car wash
	Cemetery
	Civic clubs
	Clinic
	Commercial indoor amusement
	Commercial indoor entertainment
	Commercial indoor sports and recreation
	Commercial outdoor entertainment
	Commercial outdoor sports and recreation
	Communications services
	Community recreation
	Construction sales and services
	Construction yard
	Consumer repair services
	Contractor yard
	Convenience store
	Crisis center
	Custom manufacturing
	Dance hall
	Day-care center
	Educational facilities, college/university
	Educational facilities, primary/secondary
	Equipment sales and rental
	Family day-care home
	Financial institutions
	Funeral services
	Garden center
	Gasoline station
	General office
	Guidance services
	Home beauty/barber salon
	Home occupation, Type I
	Home occupation, Type II
	Hospital
	Hotel/motel/motor lodge
	Landscaping and lawn care services
	Laundry
	Manufactured home sales
	Medical office
	Microbrewery
	Mini warehouse
	Park-and-ride facility
	Parking facility
	Pawnshop
	Personal improvement services
	Personal services
	Post office
	Public maintenance and service facility
	Public parks and recreational areas
	Recreational vehicle sales and service
	Religious assembly
	Residential human care facility
	Restaurant, general/drive-in/fast-food
	Retail sales
	Safety services, private
	Safety services, public
	Single-family dwelling
	Small Scale or Residential Solar Energy Farm
	Studio, fine arts
	Surplus sales
	Truck stop
	Utility services
	Veterinary hospital/clinic
	Wayside stand
	Wireless communications facility

C. Conditional uses: [Amended 8-3-2015; 3-29-2016]

	Adult entertainment
	Automobile graveyard
	Brewery
	Distillery
	Fish hatchery
	Flea market
	Halfway house
	Home for adults
	Industrial manufacturing
	Kennel, commercial
	Laboratories
	Multifamily dwelling
	Outdoor gathering
	Planned unit development
	Public assembly
	Recycling center
	Scrap and salvage services
	Stable, commercial
	Transfer station
	Transportation terminal
	Truck terminal
	Two-family dwelling
	Wind energy system

D. Site development regulations.

(1) Minimum lot requirements:

(a) Lots not served by public water or sewer:

[1] Area: one acre (43,560) square feet.

[2] Frontage: 100 feet on a publicly owned and maintained street.

(b) Lots served by either public water or sewer:

[1] Area: 15,000 square feet (0.34 acre).

[2] Frontage: 80 feet on a publicly owned and maintained street.

(c) Lots served by both public water and public sewer:

[1] Area: 10,000 square feet (0.23 acre).

[2] Frontage: 80 feet on a publicly owned and maintained street.

(2) Minimum setback requirements:

(a) Principal structure:

[1] Front: 35 feet from property line or 60 feet from center line of public road, whichever is greater.

[2] Side: none; except when adjacent to a residential use, then 10 feet.

[3] Rear: 15 feet.

(b) Accessory structure:

[1] Front: 35 feet from property line or behind the front building line, whichever distance is less.

[2] Side: 15 feet.

[3] Rear: five feet.

(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

(3) Maximum height of structures:

(a) All structures: 45 feet.

(4) Maximum coverage:

(a) Building coverage: 50%.

(b) Lot coverage: 90%.

 

Section 5

§ 19.6-71 V-1 Village Center District.

A. Purpose. The purpose of this district is to establish areas which will serve as the focal point for cultural and commercial activity for the rural service areas of the County. The density recommended for these areas is intended to average between one and three units per acre. Small country stores, family restaurants, and similar small service and personal service businesses, in addition to public and institutional buildings such as schools, post offices, and places of religious assembly, are commonly found at these crossroads locations. This district brings a sense of community to the surrounding rural areas, with an emphasis on providing essential goods and services to rural residents, but is not intended to be an employment destination. New developments should be carefully considered for their compatibility with the surrounding area and the purpose of the V-1 District. Any expansion of the district should be contiguous to an existing V-1 District to avoid leapfrog commercial development and excessive spreading of community services such as water and sewer.

B. Permitted uses:

	Accessory apartment
	Accessory uses/structures
	Administrative services
	Amateur radio tower
	Antique shops
	Automobile rental/leasing
	Business or trade school
	Business support services
	Civic clubs
	Commercial indoor entertainment
	Communications services
	Community recreation
	Construction sales and services
	Consumer repair services
	Convenience store
	Cultural service
	Custom manufacturing
	Domestic chickens
	Educational facilities, primary/secondary
	Family day-care home
	Financial institutions
	Funeral services
	Garden center
	Gasoline station
	General office
	Home occupation, Type I
	Hospital
	Hotel/motel/motor lodge
	Kennel, private
	Landscaping and lawn care services
	Manufactured home
	Medical office
	Park-and-ride facility
	Personal improvement services
	Personal services
	Post office
	Public maintenance and service facility
	Public parks and recreational areas
	Religious assembly
	Residential human care facility
	Restaurant, family
	Restaurant, general
	Retail sales
	Safety services, private
	Safety services, public
	Single-family dwelling
	Small Scale or Residential Solar Energy Farm
	Studio, fine arts
	Utility services
	Veterinary hospital/clinic
	Wayside stand

 

C. Conditional uses: [Amended 3-29-2016]

	Automobile dealership
	Automobile parts/supply, retail
	Automobile repair services
	Aviation facility, private
	Bed-and-breakfast
	Boardinghouse
	Campground
	Car wash
	Cemetery
	Clinic
	Commercial indoor amusement
	Commercial indoor sports and recreation
	Commercial outdoor entertainment
	Commercial outdoor sports and recreation
	Condominium
	Construction yard
	Contractor yard
	Dance hall
	Day-care center
	Educational facility, college/university
	Equipment sales and rental
	Flea market
	Golf course
	Halfway house
	Home for adults
	Industrial manufacturing
	Kennel, commercial
	Laboratories
	Life care facility nursing home
	Microbrewery
	Mini warehouse
	Multifamily dwelling
	Outdoor gathering
	Parking facility
	Planned unit development
	Public assembly
	Recreational vehicle sales and service
	Recycling center
	Restaurant
	Two-family dwelling
	Winery
	Wireless communications facility

D. Site development regulations.

(1) Minimum lot requirements:

(a) Lots not served by public water or sewer:

[1] Area: one acre (43,560 square feet).

[2] Frontage: 125 feet on a publicly owned and maintained street.

(b) Lots served by either public water or sewer:

[1] Area: 25,000 square feet (0.57 acre).

[2] Frontage: 100 feet on a publicly owned and maintained street.

(c) Lots served by both public water and public sewer:

[1] Area: 15,000 square feet (0.34 acre).

[2] Frontage: 80 feet on a publicly owned and maintained street.

(2) Minimum setback requirements:

(a) Principal structure:

[1] Front: 50 feet from property line or 75 feet from center line of public road, whichever is greater.

[2] Side: 15 feet.

[3] Rear: 35 feet.

(b) Accessory structure:

[1] Front: 50 feet from property line or behind the front building line, whichever distance is less.

[2] Side: 15 feet.

[3] Rear: 15 feet.

(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

(3) Maximum height of structures:

(a) All structures: 35 feet.

(4) Maximum coverage:

(a) Building coverage: 35%.

(b) Lot coverage: 75%.

Section 4

§ 19.6-70 R-3 High-Density Multifamily Residential District.

A. Purpose. The purpose of this district is to provide areas in the County within the suburban service area where existing middle- to high-density residential development (typically four to 12 units per acre) has been established and land areas which generally appear to be appropriate for such development. The R-3 District is designated based on access to major streets, public water and/or sewer, and schools with suitable capacity to accommodate development at the stated density. A variety of housing densities and styles is encouraged in order to permit a diversity and flexibility in design and layout.

B. Permitted uses:

	Accessory uses/structures
	Amateur radio tower
	Community recreation
	Condominium
	Domestic chickens
	Family day-care home
	Home occupation, Type I
	Multifamily dwelling
	Park-and-ride facility
	Post office
	Public maintenance and service facility
	Public parks and recreational areas
	Residential human care facility
	Safety services, public
	Single-family dwelling
	Small Scale or Residential Solar Energy Farm
	Townhouse
	Two-family dwelling
	Utility services

 

C. Conditional uses:

	Boardinghouse
	Cemetery
	Cultural services
	Day-care center
	Educational facilities, secondary/primary
	Hospital
	Outdoor gatherings
	Planned unit development
	Religious assembly
	Safety services, private
	Wind energy system
	Wireless communications facility

D. Site development regulations.

(1) Minimum lot requirements:

(a) Lots not served by public water or sewer:

[1] Area: 25,000 square feet (0.57 acre).

[2] Frontage: 100 feet on a publicly owned and maintained street.

(b) Lots served by either public water or sewer:

[1] Area: 15,000 square feet (0.34 acre).

[2] Frontage: 80 feet on a publicly owned and maintained street.

(c) Lots served by both public water and public sewer:

[1] Area: 10,000 square feet (0.23 acre).

[2] Frontage: 80 feet on a publicly owned and maintained street.

(d) Minimum lot size and permitted densities for multifamily dwellings and townhomes are referenced in the Additional Regulations section.

(2) Minimum setback requirements:

(a) Principal structure:

[1] Front: 35 feet from property line or 60 feet from center line of public road, whichever is greater.

[2] Side: 15 feet.

[3] Rear: 35 feet.

(b) Accessory structure:

[1] Front: 35 feet from property line or behind the front building line, whichever distance is less.

[2] Side: 15 feet.

[3] Rear: 15 feet.

(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

(3) Maximum height of structures:

(a) All structures: 35 feet.

(4) Maximum coverage:

(a) Building coverage: 50%.

(b) Lot coverage: 85%.

 

Section 3

§ 19.6-69 R-2 Medium-Density Residential District.

A. Purpose. This district is composed of medium-density residential areas plus certain open areas where similar development is expected to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of the land uses, a suitable environment for family life, and to permit certain commercial uses of a character unlikely to develop general concentration of traffic, crowds of customers and general outdoor advertising. To these ends, retail activity is sharply limited and this district is protected against the encroachment of general commercial and industrial uses.

B. Permitted uses:

	Accessory apartment
	Accessory uses/structures
	Administrative services
	Amateur radio tower
	Community recreation
	Crisis center
	Domestic chickens
	Family day-care home
	Home beauty/barber salon
	Home occupation, Type I
	Kennel, private
	Manufactured home
	Park-and-ride facility
	Post office
	Public maintenance and service facility
	Public parks and recreational areas
	Safety services, public
	Single-family dwelling
	Utility services

C. Conditional uses:

	Boardinghouse
	Cemetery
	Condominium
	Cultural services
	Day-care center
	Educational facilities, primary/secondary
	Golf course
	Hospital
	Manufactured home park
	Outdoor gatherings
	Planned unit development
	Religious assembly
	Safety services, private
	Safety services, public
	Second dwelling
	Two-family dwelling
	Wind energy system
	Wireless communications facility

D. Site development regulations.

(1) Minimum lot requirements:

(a) Lots not served by public water or sewer:

[1] Area: 25,000 square feet (0.57 acre).

[2] Frontage: 125 feet on a publicly owned and maintained street.

(b) Lots served by either public water or sewer:

[1] Area: 15,000 square feet (0.34 acre).

[2] Frontage: 80 feet on a publicly owned and maintained street.

(c) Lots served by both public water and public sewer:

[1] Area: 10,000 square feet (0.23 acre).

[2] Frontage: 80 feet on a publicly owned and maintained street.

(2) Minimum setback requirements:

(a) Principal structure:

[1] Front: 35 feet from property line or 60 feet from center line of public road, whichever is greater.

[2] Side: 15 feet.

[3] Rear: 35 feet.

(b) Accessory structure:

[1] Front: 35 feet from property line or behind the front building line, whichever distance is less.

[2] Side: 15 feet.

[3] Rear: 15 feet.

(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

(3) Maximum height of structures:

(a) All structures: 35 feet.

(4) Maximum coverage:

(a) Building coverage: 35%.

(b) Lot coverage: 50%.

 

Section 2

§ 19.6-68 R-1 Low-Density Residential District.

A. Purpose. This district is composed of certain low concentrations of residential uses plus certain open areas where similar development is expected to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life, and to prohibit commercial uses and other uses likely to generate noise, crowds, large concentrations of traffic, light, dust, odor, smoke and other obnoxious influence.

B. Permitted uses:

	Accessory apartment
	Accessory uses/structures
	Administrative services
	Amateur radio tower
	Community recreation
	Crisis center
	Domestic chickens
	Family day-care home
	Home beauty/barber salon
	Home occupation, Type I
	Park-and-ride facility
	Post office
	Public maintenance and service facility
	Public parks and recreational areas
	Safety services, public
	Single-family dwelling
	Utility services

C. Conditional uses:

	Cemetery
	Day-care center
	Educational facilities, primary/secondary
	Golf course
	Home for adults
	Kennel, private
	Outdoor gatherings
	Planned unit development
	Religious assembly
	Safety services, private
	Wind energy system
	Wireless communications facility

D. Site development regulations.

(1) Minimum lot requirements:

(a) Lots not served by public water or sewer:

[1] Area: 30,000 square feet (0.69 acre).

[2] Frontage: 125 feet on a publicly owned and maintained street.

(b) Lots served by either public water or sewer:

[1] Area: 20,000 square feet.

[2] Frontage: 110 feet on a publicly owned and maintained street.

(2) Minimum setback requirements:

(a) Principal structure:

[1] Front: 35 feet from property line or 60 feet from center of public road, whichever is greater.

[2] Side: 15 feet.

[3] Rear: 35 feet.

(b) Accessory structure:

[1] Front: 35 feet from property line or behind the front building line, whichever distance is less.

[2] Side: 15 feet.

[3] Rear: 15 feet.

(c) Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

(3) Maximum height of structures:

(a) All structures: 35 feet.

(4) Maximum coverage:

(a) Building coverage: 15%.

(b) Lot coverage: 35%.

 

Division 6 – District Regulations

Section 1

§ 19.6-67 A-1 Agricultural District.

A. Purpose. Generally this district covers portions of Appomattox County which are occupied by various open uses such as farms, forests or lakes. This district is established for the specific purpose of protecting existing and future farming operations, conservation of water and natural resources, reducing soil erosion, protection of watersheds and reducing hazards from flood, fire and traffic. While it is recognized that certain desirable rural areas may logically be expected to develop residentially, it is the intent, however, to discourage the random scattering of residential, commercial or industrial uses in this district. Nonfarm residents should recognize that they are located in an agricultural environment where the right to farm has been established as a County policy. This district is intended to minimize the demand for unanticipated public improvements and services, such as public sewer, public water, and new roadways, by reducing development densities and discouraging large-scale development.

B. Permitted uses:

	Accessory apartment
	Accessory uses/structures
	Agricultural services
	Agriculture
	Amateur radio tower
	Bed-and-breakfast
	Club, hunt
	Club, private
	Commercial feedlots
	Composting
	Domestic chickens
	Family day-care home
	Farm employee housing
	Forestry operations
	Garden center
	Home beauty/barber salon
	Home occupation, Type I
	Home occupation, Type II
	Intensive farming facility
	Kennel, commercial
	Kennel, private
	Livestock sales/auction
	Manufactured home
	Manufactured home, accessory
	Park-and-ride facility
	Post office
	Public parks and recreation areas
	Religious assembly
	Residential human care facility
	Single-family dwelling
	Stable, commercial
	Stable, private
	Utility services
	Veterinary hospital/clinic
	Wayside stand
	Winery

 

C. Conditional uses:

	Abattoir
	Aviation facility, private
	Campgrounds
	Camps
	Cemetery
	Day-care center
	Farm brewery, limited
	Golf course
	Landscaping and lawn care services
	Manufactured home park
	Outdoor gatherings
	Public assembly
	Resource extraction
	Retreat/lodge
	Sawmill
	Scrap and salvage services
	Second dwelling
	Shooting range, indoor
	Shooting range, outdoor
	Storage of sewage sludge
	Transfer station
	Wind energy system
	Wireless communications facility

(Ordinance of 10-19-2020, 10-17-2022)

D. Site development regulations.

(1) Minimum lot requirements:

(a) All lots regardless of sewer and water provisions:

[1] Area: one acre (43,560 square feet).

[2] Frontage: 150 feet on a publicly owned and maintained street.

(2) Minimum setback requirements:

(a) Principal structure:

[1] Front: 50 feet from property line or 75 feet from center line of public road, whichever is greater.

[2] Side: 25 feet.

[3] Rear: 35 feet.

(b) Accessory structure:

[1] Front: 75 feet from center line of public road or behind the front building line, whichever distance is less.

[2] Side: 15 feet.

[3] Rear: 15 feet.

(3) Maximum height of structures:

(a) All structures (except silos): 45 feet.

(b) Silos: 100 feet.

(4) Maximum coverage:

(a) Building coverage: 10% of the total lot area.

(b) Lot coverage: 25% of the total lot area.

 

Section 1 – Agricultural District

Section 2 – R-1 Low-Density Residential District.

Section 3 – R-2 Medium-Density Residential District.

Section 4 -R-3 High-Density Multifamily Residential District.

Section 5 – V-1 Village Center District.

Section 6 – B-1 General Commercial District.

Section 7 – B-2 Limited Commercial District.

Section 8 – M-1 Industrial District.

Section 9 -IP Planned Industrial District.

Section 10 – H-1 Historic Overlay District.

Section 11 – FPO Floodplain Overlay District.

 

 

Division 6 – Nonconforming Uses and Structures

§ 19.6-58 Purpose.

A. Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, and uses of land which were lawful before this chapter was adopted or amended but which would be prohibited, regulated, or restricted under the terms of this chapter.

B. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(1) Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A nonconforming use of structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.

(2) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried out diligently. “Actual construction” is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition, or removal shall be deemed to be “actual construction,” provided that the work shall be carried on diligently.

§ 19.6-59 Nonconforming lots of record.

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory building may be erected on any lot of record at the effective date of this chapter notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet the requirements for area, width, or both; however, all yard setbacks (front, side, rear) shall conform to the regulations for the district in which such lot is located. A variance of yard requirements shall be obtained only through action of the Board of Zoning Appeals.

§ 19.6-60 Nonconforming uses of land.

Where, at the time of passage of this chapter, lawful use of land exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful, provided:

A. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of this chapter.

B. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of this chapter.

C. No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

D. The nonconforming use is not discontinued for a period of two years, and so long as the buildings or structures are maintained in their then structural condition. If the use has been discontinued for more than two years, but the site has been actively marketed in the interim, then that particular use or building shall be allowed to continue. Sufficient documentation of the marketing effort throughout the entire time period must be provided to the Zoning Administrator.

E. Nothing shall be construed to grant conforming status to uses or structures that existed as legal nonconforming uses prior to the adoption of this chapter or amendments thereto, unless such uses or structures now conform to all applicable provisions of this chapter.

§ 19.6-61 Establishment of vested rights.

As provided in § 15.2-2307, Code of Virginia (1950), as amended, nothing in this chapter shall be construed to authorize the impairment of any vested right.

A. Without limiting the time when rights must otherwise vest, a landowner’s right’s shall be deemed vested in a land use and such vesting shall not be affected by a subsequent amendment to a zoning ordinance when the landowner:

(1) Obtains or is a beneficiary of a significant governmental action, which remains in effect, allowing development of a specific project;

(2) Relies in good faith on the significant affirmative governmental action; and

(3) Incurs substantial expenses or extensive obligations in diligent pursuit of the specific project in reliance of the significant affirmative governmental action.

B. For purposes of this chapter, and without limitation, the following are deemed significant governmental acts allowing development of a specific project:

(1) The Board of Supervisors has accepted proffers as part of a zoning amendment;

(2) The Board of Supervisors has approved a rezoning for a specific use or density;

(3) The Board of Zoning Appeals has approved a variance;

(4) The Board of Supervisors has approved a conditional use permit;

(5) A preliminary plat, site plan or plan of development for the landowner’s property has been approved by the designated County agent governing such and the landowner has diligently pursued final approval within a reasonable period of time;

(6) A final plat, site plan, or plan of development has been approved by the designated County agent governing such; or

(7) The Zoning Administrator has issued a written order, requirement, decision or determination regarding the permissibility of a specific use or density on the landowner’s property that is no longer subject to appeal, amendment, modification, or reversal.

C. Vested rights shall be determined in accordance with the following criteria:

(1) The existence of an official application in the Department of Community Development for approval of a preliminary or final subdivision plat at the time of enactment of this chapter or an amendment thereto; or

(2) The existence of an official application in the office of the Building Official for a building permit with an approved compliance permit at the time of the enactment of this chapter or amendment thereto; or

(3) The existence of a plan of development (master plan) in the Department of Community Development which is deemed to be in a vested (or grandfathered) status at the time of enactment of this chapter or amendment thereto; or

(4) Documentation for each application or submittal accompanied by extensive pertinent information and that substantive expenditures or obligations have been incurred.

D. Vested rights as established under the provisions of this section shall not continue beyond two years after the effective enactment date of this chapter if substantial expenditures or obligations have not been incurred during that time period.

§ 19.6-62 Nonconforming status runs with the land and/or structure.

A. Nonconforming status is not associated with the ownership of the property, but rather is based upon the use of the property itself and the application of the provisions of this chapter.

B. Notwithstanding any other ordinance to the contrary, if the County has issued a building permit and the building or structure was thereafter constructed in accordance with the building permit and completed or if the owner of the building or structure has paid taxes on said building or structure for 15 years, the Zoning Administrator may deem the building or structure nonconforming but not illegal. The Zoning Administrator shall not authorize removal of said building or structure solely due to such nonconformity.

§ 19.6-63 Use or structure established illegally.

A use or structure established illegally is not afforded protection of nonconforming status.

§ 19.6-64 Nonconforming mobile or manufactured home removal.

Nothing in this chapter shall be construed to prevent the landowner or homeowner from removing a valid nonconforming mobile or 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. In such mobile or manufactured home park, a single-section home may replace a single-section home, and a multisection home may replace a multisection home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single-section or multisection, that meets the current HUD Manufactured Housing Code. Any such replacement home shall retain a valid nonconforming status of the prior home.

§ 19.6-65 Nonconformities: repairs and maintenance.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair/replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding 50% of the value of the nonconforming structure as appraised by the latest County assessment.

A. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by the Building Official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

B. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

§ 19.6-66 Uses existing prior to the adoption of this chapter.

Any use which was established prior to the designation of such use as being permitted by conditional use shall be deemed to have received a conditional use of indefinite duration authorizing the continuation, enlargement, expansion, modification, relocation, and extension of such use within the overall boundary of the zoning district permitting such use by right prior to the adoption of the requirement for a conditional use.

 

Division 5 – Amendments

§ 19.6-49 Amendment to or repeal of regulations or map.

A. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the Board of Supervisors may, by ordinance, amend, repeal, supplement, or change these regulations, district boundaries, or classifications of property. Any such amendments may be initiated by:

(1) Resolution of the Board of Supervisors.

(2) Motion of the Planning Commission.

(3) Petition of the owner, contract purchaser with the owner’s written consent, or the owner’s agent therefor, of the property which is the subject of the proposed Zoning Map amendment.

B. Any petition submitted shall be in writing and shall be addressed to the Zoning Administrator, Board of Supervisors, or Planning Commission.

C. The Zoning Administrator shall establish and maintain the amendment application materials. These application materials shall, at a minimum, include any information the Zoning Administrator deems necessary for the Planning Commission and Board of Supervisors to evaluate adequately the amendment request. A concept plan shall accompany all map amendment requests. The concept plan shall consist of a location/vicinity map, property lines, name and address of the property owner and/or developer, Tax Map number, nature of the proposed land use, zoning district, names/route numbers of adjoining streets, access points, parking accommodations, building(s) location with setbacks, and height of building(s).

D. The Zoning Administrator shall not accept any amendment application for a lot or parcel that does not comply with the minimum lot standards as required by this chapter. If such cases arise, the applicant must first seek a variance from the Board of Zoning Appeals. If the variance is granted, then the Zoning Administrator shall accept the application for an amendment and process it according to the requirements of this chapter.

E. If any amendment application is withdrawn at the written request of the applicant to the Zoning Administrator, subsequent to the Planning Commission’s recommendation on the application, or if the Board of Supervisors denies any amendment application submitted for its review, the County shall not consider substantially the same application for the same property within one year of the application’s withdrawal or denial. The Zoning Administrator shall have the authority to determine whether new applications submitted within this one-year period are substantially the same. In making such determinations, the Zoning Administrator shall consider items such as the proposed use, density, access, building locations and overall site design.

F. An amendment application may be placed on hold at any time upon written request of the applicant. The hold shall be for a period not to exceed 12 months. Should the applicant not reactivate, it shall be considered withdrawn and subject to the requirements of this chapter for such action.

§ 19.6-50 Planning Commission study and action.

A. All proposed amendments to this chapter shall be referred by the Board of Supervisors to the Planning Commission for study and recommendation. The Planning Commission shall study proposals to determine:

(1) The need and justification for the change.

(2) When pertaining to a change in the district classification of property, the effect of the change, if any, on the property, surrounding property, and on public services and facilities. In addition, the Planning Commission shall consider the appropriateness of the property for the proposed change as related to the purposes set forth at the beginning of each district classification.

(3) The relationship of the proposed amendment to the purposes of the general planning program of the County, with appropriate consideration as to whether the change will further the purposes of this chapter and the general welfare of the entire community.

(4) Whether the proposed amendment conforms to the general guidelines and policies contained in the County Comprehensive Plan.

B. Prior to making any recommendation to the Board of Supervisors on the proposed amendment to this chapter, the Planning Commission shall advertise and hold a public hearing in accordance with the provisions of § 15.2-2204, Code of Virginia (1950), as amended. This meeting may be held jointly with the Board of Supervisors.

C. The Planning Commission shall review the proposed amendment and report its findings and recommendations to the Board of Supervisors, along with any appropriate explanatory materials, within 90 days from the date that the proposed Zoning Ordinance amendment is referred to the Planning Commission. Failure of the Planning Commission to report to the Board of Supervisors within 90 days shall be deemed a recommendation of approval. If the Planning Commission does not report within the prescribed time, the Board of Supervisors may act on the amendment without the recommendation of the Planning Commission.

D. Any recommendation of the Planning Commission shall be deemed advisory and shall not be binding on the Board of Supervisors.

§ 19.6-51 Board of Supervisors study and action.

A. Before enacting any proposed amendment to this chapter, the Board of Supervisors shall hold a public hearing as required by § 15.2-2204, Code of Virginia (1950), as amended. After holding this public hearing, the Board of Supervisors may make appropriate changes to the proposed amendment; provided, however, that no land may be zoned to a more-intensive use classification than was contained in the public notice without an additional public notice as required by state code. In the case of a proposed amendment to the Zoning Map, the public notice shall state the general usage and density range, if any, set forth in the applicable part of the Comprehensive Plan. Amendments to this chapter or the Zoning Map shall be by ordinance of the Board of Supervisors. The Board of Supervisors may take action on the proposed amendment within 12 months from the date of application.

B. The Clerk of the Board of Supervisors shall transmit to the Zoning Administrator official notice of any Board action modifying this chapter. The Zoning Administrator shall thereafter have the responsibility to make any necessary and appropriate changes to the Zoning Ordinance text or map.

§ 19.6-52 Posting of property.

Upon receipt of an application for zoning amendment, conditional use, variance or any other type of review, the Zoning Administrator shall post a sign on the property giving proper notice of such zoning matter. The sign shall be placed within 10 feet of the public right-of-way. The sign shall be placed no more than 21 days prior to the public hearing and no less than 10 days prior to the public hearing. The sign shall be removed within five business days following the final action by the Board of Supervisors.

§ 19.6-53 Conditional zoning, generally.

A. In accordance with the authority granted to Appomattox County per § 15.2-2297 of the Code of Virginia (1950), as amended, the owner of property for which an amendment is requested may voluntarily proffer, in writing, reasonable conditions, in addition to the applicable regulations for the requested zoning district. All proffered conditions must be signed by the owner of the property.

B. Appomattox County’s acceptance of proffers pursuant to this authority shall be in accordance with the procedures and standards contained in § 15.2-2298 of the Code of Virginia (1950), as amended.

C. All conditions proffered by the owner shall meet the following standards:

(1) The rezoning itself must give rise for the need for the conditions.

(2) The conditions shall have a reasonable relation to the rezoning.

(3) The conditions shall be in conformity with the Comprehensive Plan.

(4) The conditions must be clearly understood and enforceable.

(5) The conditions must not require or allow a design or standard that is less restrictive than the general provisions of this chapter.

(6) The conditions may not include payment for or construction of off-site improvements.

(7) The conditions must relate to the physical development or physical operation of the property.

(8) The conditions shall not include a requirement that the petitioner create a property owners’ association which includes an express further condition that members of a property owners’ association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments and other public facilities; however, such facilities shall not include sidewalks, special street signs or markers, or special streetlighting in public rights-of-way not maintained by the Virginia Department of Transportation.

(9) The conditions shall not include a cash contribution to Appomattox County.

(10) The conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments, or other public facilities not otherwise provided for in § 15.2-2241, Code of Virginia (1950), as amended.

D. Any such conditions should be submitted prior to the start of the Planning Commission’s public hearing on the amendment. All conditions or any amendments to the conditions shall be submitted prior to the start of the meeting in which the Board of Supervisors will consider the matter. If proffered conditions which substantially modify or materially affect the nature or impact of the overall proposed use are made by the owner after the Planning Commission’s recommendation on the amendment, the Zoning Administrator shall recommend to the Board of Supervisors that the amendment be referred back to the Planning Commission for further review and consideration. The Planning Commission shall have the authority to schedule a new public hearing for any request so referred. The applicant shall be responsible for all advertising costs associated with the new public hearing.

E. The Planning Commission and/or the Board of Supervisors shall not be obligated to accept any or all of the proffers made by the property owner. Once proffered and accepted as part of an amendment to this chapter, the conditions shall continue in effect until a subsequent amendment change is enacted.

F. There shall not be any amendment or variation of any conditions proffered until after a public hearing before the Board of Supervisors advertised pursuant to § 15.2-2204, Code of Virginia (1950), as amended. Any landowner subject to the conditions of the proffer may commence, by written application, the process for amendment or variation of any conditions proffered. Where such amendment or variation is requested and does not affect the use or density, the Board of Supervisors may waive the requirement for public hearing under this section.

G. The approval of an amendment or variation by the Board of Supervisors shall not in itself cause the use of any other property to be determined a nonconforming use.

§ 19.6-54 Enforcement of conditions.

A. Pursuant to § 15.2-2286A.4, Code of Virginia (1950), as amended, the Zoning Administrator shall be vested with all necessary authority on behalf of the Board of Supervisors to administer and enforce Chapter 19.6 of the Appomattox County Code. This authority shall include:

(1) The ordering, in writing, of the remedy of any noncompliance with such conditions.

(2) The bringing of legal action to ensure compliance with such conditions.

(3) Requiring a guarantee satisfactory to the Zoning Administrator in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions; or a contract for the construction of such improvements, and the contractor’s guarantee, in like amount and so conditioned; which guarantee shall be reduced or released by the Zoning Administrator upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.

B. Failure of a property owner to meet all conditions accepted by the Board of Supervisors shall constitute cause to deny approval of a site development plan or deny issuance of a zoning permit, building permit, or certificate of zoning compliance, as may be appropriate.

§ 19.6-55 Record of conditions.

The Official Zoning Map shall show by an appropriate symbol on the map the existence of conditions attached to the zoning on the map. The Zoning Administrator shall keep and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating the conditions in addition to the regulations provided for in a particular zoning district.

§ 19.6-56 Review of Zoning Administrator’s decisions.

Any zoning applicant or any other person aggrieved by a decision of the Zoning Administrator may petition the Board of Zoning Appeals for a review of the decision of the Zoning Administrator. All such petitions for review shall be filed with the Zoning Administrator and Clerk of the Board of Supervisors within 30 days from the date of the decision for which the review is sought. All such petitions shall specify the grounds upon which the petitioner is aggrieved.

§ 19.6-57 Amendments and variations of conditions.

A. Any request by an applicant to amend conditions that were voluntarily proffered and accepted by the Board of Supervisors shall be considered an amendment to this chapter and shall be reviewed pursuant to the provisions of this chapter.

B. There shall be no amendment or variation of conditions created pursuant to the provisions of this chapter until after a public hearing by the Planning Commission and Board of Supervisors advertised pursuant to the provisions of § 15.2-2204, Code of Virginia (1950), as amended. The cost of all public advertisements shall be the responsibility of the applicant.

 

Division 4 – Conditional Uses

§ 19.6-42 Definition and initiation.

A conditional use is a use that would not be permitted generally or without restrictions throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or prosperity. Such uses may be permitted in such zoning districts as conditional uses if specific provisions for such uses are made in this chapter. The Board of Supervisors reserves the right to grant conditional use permits. Conditions imposed in connection with residential conditional use permits wherein the applicant proposes affordable housing shall be consistent with the objective of providing affordable housing. When imposing conditions on residential projects, specifying materials and methods of construction or specific design features, the approving body shall consider the impact of the conditions upon the affordability of housing.

§ 19.6-43 Application.

Applications for conditional uses may be made by any property owner, tenant, government official, department, board or bureau. Such application shall be made to the Board of Supervisors in accordance with the rules adopted by the Board. The Board of Supervisors shall refer the application to the Planning Commission for review and recommendation. The application and accompanying maps, plans or other information shall be transmitted promptly to the Secretary of the Board, who shall place the matter on the docket, advertise a public hearing and give written notice of such hearing to the parties of interest. Upon recommendation of the Planning Commission, the Zoning Administrator shall transmit a copy of the application with the Commission’s recommendation to the Board for final resolution.

§ 19.6-44 Authority to impose conditions.

The Board of Supervisors may grant such conditional uses as are authorized by this chapter. The Board may impose such conditions relating to the use for which a permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit, and may require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with. The Board may seek guidance as to the conditions through the review of the Planning Commission. The Commission may recommend conditions, which the Board may reverse or affirm, wholly or partly, or may modify in their entirety.

§ 19.6-45 Procedure for review of application.

A. Whenever a use or structure is listed either as a permissible use or is listed as a conditional use, application shall be made to the Zoning Administrator, who shall refer such application to the Planning Commission. A written application for a conditional use shall be submitted indicating the section of this chapter under which the conditional use is sought and a statement of the grounds on which it is requested. A concept plan describing the proposed development shall be submitted with the application. The concept plan shall consist of a location/vicinity map, property lines, name and address of the property owner and/or developer, Tax Map number, nature of the proposed land use, zoning district, names/route numbers of adjoining streets, access points, parking accommodations, building(s) location with setbacks, and height of building(s).

B. A separate public hearing shall be held by the Planning Commission and the Board of Supervisors. Any party may appear in person or by agent or attorney.

C. No conditional use may be granted except after notice and hearing as provided by § 15.2-2204, Code of Virginia (1950), as amended. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail.

D. The Planning Commission shall make a recommendation on the subject use after a public hearing is held.

E. The final determination on the request will be made by the Board of Supervisors.

F. In considering the conditional use permit application, the following factors shall be given reasonable consideration. The applicant should address all the following in its statement of justification:

(1) Whether the conditional use permit is consistent with the Comprehensive Plan.

(2) Whether the proposed conditional use permit will adequately provide for safety from fire hazards and have effective measures of fire control.

(3) The level and impact of any noise emanating from the site, including that generated by the proposed use, in relation to the uses in the immediate area.

(4) The level and impact of glare or light that may be generated by the proposed use in relation to uses in the immediate area.

(5) The location, type, size, and lighting of any signs associated with the proposed use.

(6) The compatibility of the proposed use with other existing or proposed uses in the area.

(7) The location and area footprint, with dimensions (to scale), and nature and height of existing or proposed buildings, structures, walls, and fences on the site.

(8) The location and type of existing or proposed landscaping, screening and buffering on the site.

(9) Will the project be phased? If so, a proposed schedule is required.

(10) Environmental impacts? Will the project result in the preservation or destruction of any sensitive areas such as creeks, streams, ponds, etc.?

(11) Whether the project will have any significant archaeological or historic impact on proposed or existing structures or areas.

(12) The traffic expected to be generated by the proposed use, the adequacy of roads and the circulation patterns, both vehicular and pedestrian.

(13) Will the proposed use be served by public water and/or sewer facilities?

(14) If not served by public water, what will the impact be to groundwater supplies?

(15) The location, size, and character of any parking area, off-street loading area, outdoor storage area or refuse collection area.

§ 19.6-46 Conditions and restrictions.

A. In approving a conditional use permit, the Board of Supervisors may impose such conditions, safeguards, and restrictions upon the premises benefited by the conditional use permit as may be necessary to avoid, minimize, or mitigate any potentially adverse or injurious effect upon other property in the neighborhood and to carry out the general purpose and intent of this chapter. Conditions and restrictions may include, but are not limited to, those related to fencing, planting, other landscaping, additional setbacks from property lines, location and arrangement of lighting, setting of reasonable time limitations, including limiting the duration of a permit, and other reasonable requirements deemed necessary to safeguard the interest of the general public. The Board of Supervisors may require a bond or guarantee to ensure that conditions imposed will be complied with. All required conditions shall be set out in the documentation approving the conditional use permit.

B. The issuance of a permit for a conditional use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction or alteration of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for permits and approvals required by the County, including building permit, certificate of occupancy, site plan, subdivision approval, and zoning permit.

§ 19.6-47 Time limitations; validity.

A. The Board of Supervisors shall hold a public hearing and approve or deny any conditional use permit application within 12 months after receiving the Planning Commission’s recommendation. Failure to act on any permit request within this twelve-month period shall be deemed denial of the permit.

B. The Board of Supervisors shall not require a conditional use permit be obtained for the small-scale conversion of biomass if: (1) at least 50% of the feedstock is produced either on site or by the owner of the conversion equipment; (2) any structure used for the processing of the feedstock into energy occupies less than 4,000 square feet, not including space required for storage of feedstock; and (3) the owner of the farm notifies the County in which the processing occurs. The County may adopt reasonable setbacks, minimum lot area, and restrictions on the housing of operations and noise levels; however, these regulations may not be more restrictive than similar provisions for other agricultural structures and activities.

C. The Board of Supervisors shall not require that a conditional use permit be obtained in order to erect a tent on private property which is intended to be used for three days or less and will be used primarily for private/family-related events such as weddings or estate sales.

D. The Board of Supervisors shall not require that a conditional use permit be obtained for activities and events on farm wineries licensed in accordance with Title 4.1 of the Code of Virginia. Usual and customary activities and events at farm wineries shall be permitted without local regulation unless there is a substantial impact on the health, safety or welfare of the public as determined by the Zoning Administrator. No local ordinance related to noise shall be more restrictive on farm wineries than other outdoor activities in general.

E. Any conditional use permit approved by the Board of Supervisors shall be null and void two years after approval if the use or development authorized by the permit is not commenced to a degree that, in the opinion of the Zoning Administrator, clearly establishes the intent to utilize the granted use permit in a reasonable amount of time for the type and scope of the improvement involved.

F. Conditional use permits which are approved by the Board of Supervisors run with the land, except that activities or uses approved by the conditional use permit which are discontinued for a period of more than two consecutive years shall not be reestablished on the same property unless a new conditional use permit is issued in accordance with § 15.2-2309, Code of Virginia (1950), as amended.

G. If the conditional use permit application is withdrawn at the request of the applicant subsequent to the Board of Supervisors’ denial of the application, the County shall not consider any application for substantially the same conditional use on the same parcel within one year of the permit withdrawal or Board action.

H. The Zoning Administrator shall not accept any conditional use permit application for a lot or parcel that does not comply with the minimum lot standards as required by this chapter. If such cases arise, the applicant must first seek a variance from the Board of Zoning Appeals. If the variance is granted, then the Zoning Administrator shall accept the application for a conditional use permit and process it according to the requirements of this chapter.

I. A conditional use permit may be placed on hold at any time upon written request of the applicant. The hold shall be for a period not to exceed six months. Should the applicant not reactivate, it shall be considered withdrawn and subject to the requirements of this chapter for such action.

J. To revoke a conditional use permit previously granted by the Board of Supervisors, the Board must determine that there has not been compliance with the terms or conditions of the permit. No conditional use permit may be revoked except after notice and hearing to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, as provided in § 15.2-2204, Code of Virginia (1950), as amended.

§ 19.6-48 Special project reviews (2232 review).

A. In accordance with § 15.2-2232, Code of Virginia (1950), as amended, no street, or connection to an existing street, park, or other public area or public building or structure, public utility facility, or public service corporation facility, other than railroads or an underground natural gas or underground electric distribution facility of a public utility within its certificated service territory, whether publicly or privately owned, shall be constructed, established or authorized unless and until the general or approximate location, character, and extent thereof has been submitted to and approved by the Planning Commission as being substantially in accord with the adopted Comprehensive Plan.

B. Widening, narrowing, extension, enlargement, vacation, or change of use of streets or public areas shall likewise be submitted for approval, but paving, repair, reconstruction, improvement, drainage, or similar work and normal service extensions of public utilities or public service corporations shall not require approval, unless involving a change in location or extent of a public street or public area. Corridors of significant importance, as designated by the Commonwealth Transportation Board, shall be added to the Comprehensive Plan and updated accordingly as the Transportation Element of the Comprehensive Plan is reviewed and updated.

C. An application shall be filed with the Zoning Administrator and shall generally conform to the requirements of those applications filed for conditional use permits.

D. The Planning Commission may, or at the direction of the Board of Supervisors shall, hold a public hearing subject to the notice requirements of § 15.2-2204, Code of Virginia (1950), as amended. The Planning Commission shall communicate its findings to the Board of Supervisors, indicating its approval or disapproval with written reasons therefor. The Board of Supervisors may overrule the action of the Planning Commission by a vote of the majority of its membership. Failure of the Planning Commission to act within 60 days of a submission, unless the time is extended by the Board of Supervisors, shall be deemed approval. The owner or owners or their agents may appeal the decision of the Commission to the Board of Supervisors within 10 days after the decision of the Planning Commission. The appeal shall be by written petition to the Board of Supervisors setting forth the reasons for the appeal. The appeal shall be heard and determined within 60 days from its filing. A majority vote of the governing body shall overrule the Planning Commission.

 

Division 3 – Board of Zoning Appeals and Procedures

§ 19.6-36 Joint Board of Zoning Appeals (BZA).

A. A Board consisting of five members shall be appointed by the Circuit Court of Appomattox County. The Board shall consist of members representing the Town of Appomattox (two members), Appomattox County (two members), plus one member from the area at large. Appointments for vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term. The term of office shall be for five years. One of the appointed members may be an active member of the Planning Commission. The Board shall choose, at its first meeting of each year, its own Chairman and Vice Chairman, who shall act in the absence of the Chairman.

B. The Board of Supervisors, upon proper appropriation of funds, may allow the Board of Zoning Appeals to employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. Members of the Board of Zoning Appeals may receive such compensation as may be authorized by the Board of Supervisors. Any Board of Zoning Appeals member or alternate may be removed for malfeasance, misfeasance, or nonfeasance in office, or for other just cause, by the court that appointed him/her after a hearing held subsequent to a fifteen-day notice.

§ 19.6-37 Proceedings.

The proceedings and operations of the Board of Zoning Appeals shall be in conformity with § 15.2-2308 et seq. of the Code of Virginia (1950), as amended, and the Board shall make no decisions on any petition or appeal unless and until it has conducted a public hearing thereon, with due public notice given as required by § 15.2-2204 of the Code of Virginia (1950), as amended.

§ 19.6-38 Powers and duties.

The Board of Zoning appeals shall have the following powers and duties:

A. To hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of this chapter;

B. To authorize, upon appeal, in specific cases such a variance from the terms of the chapter as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions will result in unnecessary hardship, provided the spirit of this chapter shall be observed and substantial justice done, as follows:

(1) When a property owner can show that his property was acquired in good faith and where, by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of this chapter, or where, by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the condition, situation, or development of property immediately adjacent thereto, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the use of the property or where the Board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of this chapter. No such variance shall be authorized by the Board unless it finds:

(a) That the strict application of this chapter would produce undue hardship;

(b) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and

(c) That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance.

(2) No variance shall be authorized unless the Board finds that the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter.

(3) In authorizing a variance, the Board may impose such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with. Notwithstanding any other provision of law, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and local ordinance; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under the chapter. Where expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required.

C. To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of property affected by the question after public hearing notice as required by § 15.2-2204 of the Code of Virginia (1950), as amended, the Board may interpret the map in such way as to carry out the intent and purpose of this chapter for the particular section or district in question. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail. The Board shall not have the power, however, to rezone property or change the locations of district boundaries as established by ordinance.

D. To hear and decide appeals from the decision of the Zoning Administrator after notice and hearing as provided by § 15.2-2204 of the Code of Virginia (1950).

E. Concerning ex parte communications. [Added 3-29-2016]

(1) The nonlegal staff of the governing body may have ex parte communications with a member of the Board prior to the hearing but may not discuss the facts or law relative to a particular case. The applicant, landowner or his agent or attorney may have ex parte communications with a member of the Board prior to the hearing but may not discuss the facts or law relative to a particular case. If any ex parte discussion of facts or law in fact occurs, the party engaging in such communication shall inform the other party as soon as practicable and advise the other party of the substance of such communication. For purposes of this section, regardless of whether all parties participate, ex parte communications shall not include:

(a) Discussions as part of a public meeting; or

(b) Discussions prior to a public meeting to which staff of the governing body, the applicant, landowner or his agent or attorney are all invited.

(2) Any materials relating to a particular case, including a staff recommendation or report furnished to a member of the Board, shall be made available without cost to such applicant, appellant or other person aggrieved under § 15.2-2314, Code of Virginia (1950), as amended, as soon as practicable thereafter, but in no event more than three business days of providing such materials to a member of the Board. If the applicant, appellant or other person aggrieved under § 15.2-2314, Code of Virginia (1950), as amended, requests additional documents or materials be provided by the locality other than those materials provided to the Board, such request shall be made pursuant to § 2.2-3704, Code of Virginia (1950), as amended. Any such materials furnished to a member of the Board shall also be made available for public inspection pursuant to Subsection F of § 2.2-3707, Code of Virginia (1950), as amended.

(3) For the purposes of this section, “nonlegal staff of the governing body” means any staff who is not in the office of the attorney for the locality, or for the Board, or who is appointed by special law or pursuant to § 15.2-1542 Code of Virginia (1950), as amended. Nothing in this section shall preclude the board from having ex parte communications with any attorney or staff of any attorney where such communication is protected by the attorney-client privilege or other similar privilege or protection of confidentiality.

(4) This section shall not apply to cases where an application for a special exception has been filed pursuant to Subdivision 6 of § 15.2-2309, Code of Virginia (1950), as amended.

§ 19.6-39 Appeals to the BZA.

A. An appeal to the BZA may be taken by any person aggrieved or by any officer, department, board, or bureau of the County affected by any decision of the Zoning Administrator or any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this chapter, any ordinance adopted pursuant to this chapter or any modification of zoning requirements pursuant to § 15.2-2286. Notwithstanding any charter provision to the contrary, any written notice of a zoning violation or a written order of the Zoning Administrator dated on or after July 1, 1993, shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or a written order within 30 days in accordance with this section and that the decision shall be final and unappealable if not appealed within 30 days. The zoning violation or written order shall include the applicable appeal fee and a reference to where additional information may be obtained regarding the filing of an appeal. The appeal period shall not commence until the statement is given. A written notice of a zoning violation or a written order of the Zoning Administrator that includes such statement sent by registered or certified mail to, or posted at, the last-known address of the property owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed sufficient notice to the property owner and shall satisfy the notice requirements of this section. The appeal shall be taken within 30 days after the decision appealed from by filing with the Zoning Administrator, and with the Board, a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. The fee for filing an appeal shall not exceed the costs of advertising the appeal for public hearing and reasonable costs. A decision by the Board on an appeal taken pursuant to this section shall be binding upon the owner of the property which is the subject of such appeal only if the owner of such property has been provided notice of the zoning violation or written order of the Zoning Administrator in accordance with this section. The owner’s actual notice of such notice of zoning violation or written order or active participation in the appeal hearing shall waive the owner’s right to challenge the validity of the Board’s decision due to failure of the owner to receive the notice of zoning violation or written order.

B. The Zoning Administrator shall forthwith transmit to the BZA all the papers constituting any record upon which the action appealed from was taken. 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 which case proceedings shall not be stayed otherwise than by a restraining order granted by the BZA or by a court of record, on application and on notice to the Zoning Administrator and for good cause shown.

C. In no event shall a written order, requirement, decision, or determination made by the Zoning Administrator or other administrative officer be subject to change, modification, or reversal by any Zoning Administrator or other administrative officer after 60 days have elapsed from the date of the written order, requirement, decision, or determination where the person aggrieved has materially changed his/her position in good-faith reliance on the action of the Zoning Administrator or other administrative officer, unless it is proven that such written order, requirement, decision or determination was obtained through malfeasance of the Zoning Administrator or other administrative officer or through fraud. This limitation does not apply to clerical or other nondiscretionary errors upon concurrence of the County Attorney.

D. The BZA shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as well as due notice to the parties of interest, and decide the same within 90 days of the filing of the application. In exercising its powers, the BZA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from. The concurring vote of three members shall be necessary to reverse any order, requirement, decision, or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variance from this chapter. The BZA shall keep minutes of its proceedings and other official actions. The Chairman may administer oaths and compel the attendance of witnesses.

§ 19.6-40 Appeals of the BZA to the Circuit Court.

[Amended 3-29-2016]

Any person or persons jointly or severally aggrieved by any decision of the Board of Zoning Appeals, or any aggrieved taxpayer or any officer, department, board, or bureau of the locality, may file with the Clerk of the Circuit Court of Appomattox County a petition that shall specify the grounds on which aggrieved within thirty (30) days after the final decision of the BZA, as regulated by § 15.2-2314 et seq., Code of Virginia (1950), as amended.

§ 19.6-41 – Reserved

(Repealed 10-16-2023)

Division 2 – General Administrative Procedures

§ 19.6-29 Who may apply.

All applications for a change in zoning or zoning permit presented to the County must be signed by the property owner, the property owner’s power of attorney or legal guardian, or, in the case of an estate, the executor of said estate. The property owner or his/her legal benefactor as named hereinabove may designate an agent to represent the zoning/rezoning request before the Planning Commission and the Board of Supervisors.

§ 19.6-30 Administration and enforcement.

A. The Zoning Administrator designated by the Board of Supervisors shall administer and enforce this chapter. The Zoning Administrator may be provided with the assistance of such other persons as needed. If the Zoning Administrator shall find that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.

B. The Zoning Administrator shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

§ 19.6-31 Building permit required.

No building permit shall be issued without written confirmation from the Zoning Administrator that all zoning requirements have been met and that all County codes have been met (i.e., a zoning permit).

§ 19.6-32 Zoning permit.

Land may not be used or occupied in violation of this chapter. Applications for a zoning permit shall be accompanied by two copies of a scale drawing. The drawing shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land, and the location of such building or use with respect to the property lines of said parcel of land and to the right-of-way of any street or highway adjoining said parcel. All existing buildings on the lot must be included in the scale drawing. Any other information which the Zoning Administrator may deem necessary for consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this chapter, then a permit shall be issued to the applicant by the Zoning Administrator. One copy of the drawing shall be returned to the applicant with the approved permit.

§ 19.6-33 Zoning complaints/violations.

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the cause and basis thereof and shall be filed with the Zoning Administrator. The Zoning Administrator shall record such complaint properly, immediately investigate, and take action thereon as provided by this chapter.

§ 19.6-34 Violations and penalties.

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 19.6-34.1; and/or

(2) Criminal penalties, as provided for in Section 19.6-34.2.

B. If the zoning administrator determines that a violation of the zoning chapter has occurred, a notice of violation shall be issued to a person or entity responsible for such violation; provided that a notice of violation shall not be required when the zoning administrator or his designee issue a ticket as set forth in Section 19.6-34.1. A notice of violation shall include the following information:

(1) the date of the notice;

(2) the basis for the decision;

(3) a statement informing the recipient that the decision may be appealed to the board of zoning appeals within applicable appeal period and that the decision shall be final and unappealable if it is not timely appealed; and

(4) the time within which the violation shall be abated.

The notice shall be either hand delivered, posted on the door of a building on the site, or mailed by regular or certified mail, provided that notice to the property owner, sent by certified mail to, or posted at, the last known address of the property owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall satisfy the notice requirements of this section. In addition, if the notice of violation is issued to a person other than the property owner, a copy of the notice shall also be sent to the owner of the property.

C. The amendment of this Section on April 15, 2019 shall not affect any criminal prosecution under this Section commenced prior to that amendment. But such prosecution shall preclude any civil penalties under Section 19.6-34.1 arising under the same set of operative facts.

(Amended Ord. 04/15/2019)

19.6-34.1 Civil penalties.

1. Any person who violates or fails to comply with any of the provisions or requirements of the Zoning Ordinance as described in Section 19.6-34 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.
2. 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 when, in the judgment of the zoning administrator or his designee, the violation can be corrected immediately and the violator has failed to do so after being given a reasonable opportunity to do so.
3. 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 fact 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).
4. 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, date and time 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.

5. 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.
6. 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.
7. 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 19.6-34.2.
8. 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.
9. Designation of a particular violation of Chapter 19.6 for a civil penalty pursuant to this Section shall be in lieu of criminal sanctions; and, except for any violation resulting in injury to persons, 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.
10. This section shall not be construed to allow the imposition of civil penalties for (1) activities related to land development, or (2) the violation of any provision of Chapter 19.6 of the Code of Appomattox County relating to the posting of signs on public property or public rights-of-way.

(Amended Ord. 04/15/2019)

19.6-34.2 Criminal penalties.

1. A person shall be guilty of a misdemeanor offense if he commits any of the following violations of Chapter 19.6 of the Code of the Appomattox County:
   1. any violation of the provisions of Chapter 19.6 that results in physical harm or injury to any person;
   2. any violation or failure to comply that occurs after the five thousand dollar ($5,000.00) maximum aggregate civil penalty provided in section 19.6-34 has been reached;
   3. any sign posted on public property or in public rights-of-way in contravention of this zoning ordinance;
   4. any land development activity without applicable permit; or
   5. any violation for which a prosecution under Section 19.6-34 had already commenced prior to the amendment of that section on April 15, 2019.
2. Treatment as criminal penalties shall not preclude the zoning administrator from pursuing injunctive action.
3. Misdemeanor offenses described in this Section shall be punishable by a fine of not less than $10 nor more than $1,000. If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with this chapter within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense, punishable by a fine not less than $10 nor more than $1,000; 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 not less than $100 nor more than $1,500.
4. 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 less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such failure during any succeeding ten (10) day period shall constitute a separate misdemeanor offense for each ten (10) day period, punishable by a fine of not less than one hundred dollars ($100.00) nor more than one thousand five hundred dollars ($1,500.00).

(Amended Ord. 04/15/2019)

§ 19.6-35 Severability.

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

Division 1 – Administration

§ 19.6-1 Title.

This chapter, and the Official Zoning Map made a part hereof, shall be known and may be cited and referred to as the “Appomattox County Zoning Ordinance.”

§ 19.6-2 Purpose.

The General Assembly of the Commonwealth of Virginia empowers the County to enact a zoning ordinance and to provide for its administration, enforcement, and amendment; and the Board of Supervisors of Appomattox County deems it necessary, for the purpose of promoting the health, safety, convenience, and general welfare of the County, to enact such an ordinance; and the Board of Supervisors of Appomattox County appointed a Planning Commission to recommend the boundaries of the districts and appropriate regulations to be enforced therein; and the zoning regulations and districts as herein set forth have been made in accordance with a Comprehensive Plan for Appomattox County and for the purpose of promoting the health, safety, and general welfare of the public and of further accomplishing the objectives and purposes of § 15.2-2200, § 15.2-2280 and § 15.2-2283 of the Code of Virginia (1950), as amended.

A. To these ends, this chapter is designed to:

(1) Provide for adequate light, air, convenience of access, and safety from fire, flood, impounding structure failure, crime and other dangers;

(2) Reduce or prevent congestion in the public streets;

(3) Facilitate the creation of a convenient, attractive, and harmonious community;

(4) Expedite the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, and other public requirements;

(5) Protect against destruction of or encroachment upon historic areas;

(6) Protect against one or more of the following: overcrowding of land, undue densities of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health or property from fire, flood, impounding structure failure, panic or other dangers;

(7) Encourage economic development activities that provide desirable employment and enlarge the tax base;

(8) Provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment;

(9) Encourage and accommodate affordable housing suitable for meeting the current and future housing needs of the County;

(10) Protect surface water and groundwater resources; and

(11) Provide safety from crime.

B. The Code further states that the governing body of any county may, by ordinance, classify territory under its jurisdiction or any substantial portion thereof into districts of such number, shape, and size as it may deem best suited to carry out the purposes of such article, and in each district it may regulate, restrict, permit, prohibit, and determine the following:

(1) The use of land, buildings, structures and other premises for agricultural, business, industrial, floodplain, and other specific uses;

(2) The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing or removal of structures;

(3) The areas and dimensions of land, water, and air space to be occupied by buildings, structures, and uses, and of courts, yards, and other open space to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used;

(4) The excavation or mining of soil or other natural resources.

§ 19.6-3 Matters considered.

The zoning regulations and districts, including the Official Zoning Map, as set forth herein have been drawn with reasonable consideration for the existing use and character of property, the Comprehensive Plan, the suitability of properties for various uses, the trends in growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, and the requirements for housing, schools, parks, playgrounds, and other public services, for the conservation of natural resources and the preservation of floodplains, and for the conservation of properties and their values and the encouragement of the most-appropriate use of land throughout the County [§ 15.2-2284, Code of Virginia (1950), as amended].

§ 19.6-4 Authority.

This chapter is adopted by the County of Appomattox, Virginia, under authority granted by the General Assembly of the Commonwealth of Virginia, particularly Title 15.2 of the Code of Virginia (1950), as amended.

§ 19.6-5 Territorial application.

The regulations and restrictions in this chapter shall apply uniformly to all buildings, structures, land, water and uses within the unincorporated area of Appomattox County, Virginia, excepting those areas determined by law to be under the sovereign control of the United States of America or the Commonwealth of Virginia.

§ 19.6-6 General application.

All buildings and structures erected hereafter, except those exempted herein, all uses of land, water or buildings established hereafter, all structural alterations or relocations of existing buildings occurring hereafter, and all enlargements of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning district in which such buildings, structures, uses, or land are located. Existing buildings, structures, and uses which do not comply with the regulations herein shall be subject to the provisions of this chapter relating to nonconformities.

§ 19.6-7 Compliance required.

The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

A. No building, structure, or land shall be used or occupied, and no building or structure or part thereof shall be constructed, reconstructed, moved, or structurally altered, except in conformity with all of the regulations specified in this chapter for the district in which it is located.

B. No building or other structure shall be erected or altered:

(1) To exceed the height or bulk specified in this chapter.

(2) To accommodate or house a greater number of families than permitted by this chapter.

(3) To occupy a greater percentage of lot area than specified in this chapter.

(4) To have narrower or smaller rear yards, front yards, side yards, or other open space than required by this chapter.

(5) In any other manner contrary to the provisions of this chapter.

§ 19.6-8 General prohibitions.

A. No building or structure, no use of any building, structure or land, and no lot of record now or hereafter existing shall be established, altered, moved, diminished, divided, eliminated or maintained in any manner except in conformity with the provisions of this chapter.

B. Unless otherwise specifically provided for in this chapter, no part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

C. No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. All existing yards or lots and all yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

§ 19.6-9 Conflicts with other rules and regulations.

Wherever the requirements of this chapter are in conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, then the most-restrictive or that which imposes the higher standards shall govern.

§ 19.6-10 Exemptions.

A. Pursuant to § 56-46.1 of the Code of Virginia (1950), as amended, electrical transmission lines of 138 kV or more, approved by the State Corporation Commission, shall be deemed to have satisfied the requirements of this chapter. In addition, the following utility uses are exempt from the provisions of this article: poles, wires, cables, conduits, vaults, laterals, pipes, valves, meters or any other similar equipment when used for the purpose of distributing service to individual customers within an approved or established service area, but not including wireless communications facilities, plants, substations, major transmission lines, or trunk lines located on or above the surface of the ground, for any type of utility service, nor for underground trunk lines providing public water or sewerage service.

B. The height limitations of this chapter shall not apply to antennas less than 65 feet in height, cupolas, barns, silos, farm buildings, chimneys, flues, flagpoles, water tanks, church spires, and monuments and necessary appurtenances not exceeding in height the distance therefrom to the nearest lot line. Parapet walls may be up to four feet above the regulated height of the building on which the walls rest. Facilities used for wireless communications shall be governed by the standards set forth in this chapter.

§ 19.6-11 Word usage.

Except as otherwise provided herein, all words shall have their customary dictionary meanings. The present tense includes the future tense. The singular number includes the plural, and the plural includes the singular. The masculine gender includes the feminine and neuter genders. The word “person” includes a firm, corporation, association, organization, trust or partnership. The word “lot” includes plot or parcel. The word “building” includes structure. The word “shall” is always mandatory. The word “used” or “occupied,” as applied to any land or building, shall be construed to include the words “intended, arranged or designed to be used or occupied.”

§ 19.6-12 Definitions.

When used in this chapter, the following words and phrases shall have the meanings given in this section:

ABANDONMENT

For the purpose of this Ordinance, abandonment shall mean the stopping or halting of a use or occupancy of a non-conformity for a period of two (2) years or more.

ABATTOIR

A building or structure where livestock is slaughtered and prepared for distribution to butcher shops or retail sales establishments such as grocery stores. A slaughterhouse is designed to accommodate the confinement and slaughtering of live animals and may include packing, treating, storage, or sale of the product on the premises.

ACCESSORY APARTMENT

A secondary dwelling unit established in conjunction with and clearly subordinate to, the principal dwelling unit on a lot, contained within or attached as a part of the same structure as the principal dwelling unit on the same lot.

ACCESSORY BUILDING OR STRUCTURE

A building or structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. Where an accessory building or structure is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered a part of the principal building (i.e., garage, satellite dish, aboveground pool, well house). Garages, carports, and storage sheds are examples of common accessory structures on residential lots. Pole barns, hay sheds, and the like are examples of accessory structures on farms.

ACCESSORY DWELLING (DETACHED)

A secondary dwelling unit established in conjunction with, and clearly subordinate to, the principal dwelling unit on a lot, as a detached structure on the same lot for the use by immediate family only. Also called “Second Dwelling”.

ACCESSORY USE

A use of land or a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land or building or structure and located on the same lot with such principal use (i.e., garage for equipment repair).

ADJACENT PARCEL

A parcel of land that shares all or part of a common lot line or boundary with another parcel of land, or a parcel of land that would abut another parcel of land, but for the fact a street or right of way divides the parcels.

ADMINISTRATIVE SERVICES

Governmental offices providing administrative, clerical, or public contract services that deal directly with the citizens. Typical uses include federal, state, county, and town offices.

ADMINISTRATOR, ZONING

An official charged with the enforcement of this chapter. He may be an appointed or elected official who is designated for the position by formal resolution of the governing body.

ADULT DAY CARE CENTER

Any facility that provides supplementary care and protection during only part of the day to four (4) or more aged, infirmed, or disabled adults who reside elsewhere, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, and (ii) the home or residence of an individual who cares for only persons related to him/her by blood or marriage. Included in this definition are any two (2) or more places, establishments, or institutions owned, operated, or controlled by a single entity and providing such supplementary care and protection to a combined total of four (4) or more aged, infirmed, or disabled adults.

ADULT ENTERTAINMENT

An establishment offering goods and services of an adult nature, which includes the selling and rental of publications and other material of a sexual nature. (i.e., adult bookstore, adult video rental stores, adult theaters, adult nightclubs).

AFFECTED PROPERTY OWNER

The owner of any property upon which the proposed development will have a positive or negative impact.

AGRICULTURAL SERVICES

An establishment primarily engaged in providing services specifically for the agricultural community and not directly associated with a farm operation. Included in this use type would be servicing of agricultural equipment, independent farm equipment operators and/or feed/seed suppliers.

AGRICULTURAL SUPPORT (DIRECT)

Uses that provide support and services to animal and crop production and dairying, or other related agricultural use, which are limited to and that operate on the site of on-going agricultural uses. These uses include: agricultural processing, agri-education, animal care businesses, customer operators (haymaking, brush hogging, crop storage, hauling, fencing, barn construction); direct market businesses for the sale of products produced on-site (e.g. pick your own), farm co-ops, farm based tourism events, farm machinery repair, pet farms, products combining recreation and consumption of agricultural products, portable sawmills, stables, wetlands mitigation banks, and similar uses. (Land Use Category: Agricultural Services).

AGRICULTURAL SUPPORT (INDIRECT)

Uses that provide support and services to animal and crop production and dairying, or other related agricultural use, either on the site of the agricultural use or off-site. These uses include: agricultural research facility, animal care businesses, central farm distribution hub for agricultural products, farm machinery repair, farm machinery sales, rental and service, mill feed, and farm supply centers, and other similar uses. (Land Use Category: Agricultural Services).

AGRICULTURE

The tilling of soil, or raising of animals and/or fowl, including the agricultural industry or business such as dairies and similar uses. Land Use includes the raising or keeping of crops, livestock and livestock products, including but not limited to: field crops, fruits, vegetables, horticultural specialties, cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs and furs. A garden accessory to a residence shall not be considered agriculture..

AIRPORT

Any area of land or water designed and set aside for the landing and takeoff of aircraft, including all necessary facilities for the housing and maintenance of aircraft.

AIRSTRIP

A runway without normal air base or airport facilities. (Land Use Category: Aviation Facility, public/private).

AISLEWAY PARKING

A passage for vehicular traffic within a parking area, through a parking bay.

ALLEY

A narrow street or thoroughfare giving access to the rear or side of lots or buildings.

ALTERATION

Any change or rearrangement in the adaptability, external appearance, or supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, or any enlargement or reduction of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

AMATEUR RADIO TOWER

An antenna, or any combination of a mast plus an attached or mounted antenna, that transmits noncommercial communications signals and is used by an amateur radio operator licensed by the Federal Communications Commission.

AMENITIES

A man-made or natural feature which enhances or makes more attractive a particular site for development.

AMUSEMENT PARK

A facility, primarily outdoors and open to the public for a fee, that includes structures and buildings for providing entertainment including rides, booths for the conduct of games or sale of items, buildings for shows and entertainment, and restaurants and souvenir sales. (Land Use Category: Commercial Outdoor Entertainment).

ANEMOMETER, WIND MONITORING, OR METEOROLOGICAL TOWER

A temporary tower equipped with devices to measure wind speeds and direction and used to determine how much wind power a site can be expected to generate.

ANIMAL CONFINEMENT

The keeping or raising of livestock under cover or in a confined lot for a total of 45 days or more in any twelve-month period. Examples of animal confinement include, but are not limited to, dairies, poultry houses, swine or veal operations, or feed lots.

ANIMAL GROOMING

Any place or establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and/or health, and for which a fee is charged. (Land Use Category: Veterinary Hospital/Clinic).

ANIMAL PRODUCTION (OTHER THAN INTENSIVE FARMING)

A facility and its supporting lot area used for propagation, rearing, exercising, feeding, or general raising of livestock or other living animals for animal husbandry purposes, and not including intensive farming confinement facilities or dairies. (Land Use Category: Agriculture).

ANIMAL SHELTER

A facility, other than a private residential dwelling and its surrounding grounds, that is used to house or contain animals and that is owned, operated, or maintained by a nongovernmental entity including a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals. (Land Use Category: Agriculture).

ANTIQUE AND GIFT SHOPS

A commercial establishment which is used primarily for the indoor display and retail sale of merchandise, primarily furniture, silverware, glassware and other curios and collectibles of which 80 percent or more are over 50 years old or have collectible value; flea markets, furniture stores, secondhand stores, and thrift stores shall not be included in the is use group.

APARTMENT

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

APPLICANT

A person or entity who submits a development application/petition requesting approval of a permit or development plan approval under this Ordinance.

APPLICATION OR PETITION

The completed form or forms and all accompanying documents, exhibits, and fees required by this Ordinance to be submitted for review when a person or entity requests approval of a permit, change in zoning classification, or development plan.

ARENA, STADIUM, OR AMPHITHEATER

A building or structure designed or intended for use for spectator sports, entertainment events, expositions, and other public gatherings, which is partially or entirely surrounded by tiers of seats for spectators. Such uses may or may not include lighting facilities for illuminating the field or stage area, ticket booths, concessions, restrooms, parking facilities, and maintenance areas. (Land Use Category: Commercial Indoor or Outdoor Entertainment).

ART GALLERY

An establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art. (Land Use Category: Cultural Services).

ART, CRAFTS, MUSIC,DANCE, PHOTOGRAPHY, OR MARTIAL ARTS STUDIO/SCHOOL

An establishment with space used for the production of or instruction in, art, crafts, music, dance, photography, or martial arts. (Land Use Category: Fine Arts Studio).

ASPHALT OR CONCRETE PLANT

An industrial facility used for the production of asphalt or concrete, or asphalt or concrete products, used in building or construction, and includes facility for the administration or management of the business, the stockpiling of bulk materials used in the production of asphalt or concrete or finished products manufactured on the premises and the storage and maintenance of equipment used in production of the finished product. (Land Use Category: Industrial Manufacturing).

ASSESSED VALUE

The monetary price that a parcel of land, portion of land, improvement on land, or other commodity is assigned by the Commissioner of Revenue’s office for the purposes of taxation.

ASSISTED LIVING FACILITY

A public or private congregate residential facility that provides personal and health care services, 24-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care of four or more adults who are aged, infirmed, disabled, and who are cared for in a primarily residential setting. This does not include a home or residence of an individual who cares for or maintains only persons related by blood or marriage or a residential facility for eight (8) or fewer individuals who are treated as a single family in accordance with §15.2-2291 of the Code of Virginia, (1950), as amended.

AUCTION FACILITY

A structure or structures in combination used for the conduct of personal property auctions on a temporary basis by an auctioneer licensed by the Commonwealth of Virginia.

AUDITORIUM OR STAGE

A building or structure designed or intended for use for presentation of dramatic, musical, or live performances, other entertainment and cultural events, and/or other public gatherings, all occurring inside an enclosed structure typically limited to a capacity of 500 or fewer seats. This used does not include motion picture theaters.

AUTHORIZED AGENT

A person with express written consent to act upon another’s behalf.

AUTOMATIC TELLER MACHINE (ATM)

A mechanized device operated by a bank or financial institution that allows pedestrian customers or customers in motorized vehicles to perform banking or financial transactions at locations remote from the controlling bank or financial institution. Where an ATM is provided on site with the bank or financial institution, it shall be considered part of the principal use. Where an ATM is provided at other locations, such as a shopping center, it shall be considered an accessory use to the principal use of the location. (Land Use Category: Financial Institution).

AUTOMOBILE DEALERSHIP, NEW OR USED

The use of any building, land area, or other premises for the display of three or more new and/or used automobiles, trucks, vans, or motorcycles for sale or rent, including any warranty repair work and other major or minor repair service conducted as an accessory use.

AUTOMOBILE GRAVEYARD

Any lot or place or part thereof which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated and which it would not be economically practical to make operative, are placed, located or found, as defined in § 33.1-348, Code of Virginia, as amended.

AUTOMOBILE PARTS/SUPPLY, RETAIL

Retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores, which offer new and factory-rebuilt parts and accessories, and include establishments which offer minor automobile repair services.

AUTOMOBILE RENTAL/LEASING

Rental of automobiles and light trucks/vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas.

AUTOMOBILE REPAIR SERVICES

An establishment primarily engaged in providing repair and maintenance services for automotive vehicles such as passenger cars, sports utility vehicles, pickup and other light trucks, small vans, and motorcycles. This use includes oil change and lubrication shops, automotive glass shops, and general automotive repair garages or shops, which provide a wide range of mechanical and electrical repair and maintenance services.

AUTOMOBILE SERVICE STATION

Any areas of land, including structures thereon, used for retail sale of gasoline or oil, automobile accessories and incidental services, including facilities for lubricating, hand washing and cleaning, or otherwise servicing automobiles under cover, but excluding painting.

AUTOMOTIVE PAINTING OR BODY SHOP

A facility providing collision repair and painting services for automobiles, pickup and other light trucks, or trailers, including bodywork, framework, welding, and major painting and undercoating work. (Land Use Category: Automobile Repair Services).

AUTOMOTIVE WRECKER SERVICE

An establishment providing towing and temporary storage on-site of no more than ten (10) wrecked or inoperable vehicles for a period of no longer than ninety (90) days. If an establishment exceeds the number of vehicles or duration of storage continuously for a period of six (6) months, then it shall be considered a junk/salvage yard. (Land Use Category: Automotive Repair Services).

AVIATION FACILITIES, PRIVATE

Any area of land used or intended for the landing and taking off of aircraft for personal use of the tenant or owner of the site, not available for public use or commercial operations. Aircraft includes helicopters, all fixed-wing planes and gliders, but not hang gliders.

AVIATION FACILITIES, PUBLIC

Landing fields, aircraft parking and service facilities and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security. This facility is available for public use or commercial operation.

AWNING

A roof-like cover extending over, or in front of, a place as a shelter.

BALLOON TEST

A technique utilizing a balloon to demonstrate the height of a proposed wind energy system or wireless communications facility.

BANK

An establishment that provides retail banking services, mortgage lending, or similar services to individuals or businesses. Also see Financial Institution.

BASE FLOOD ELEVATION (BFE)

The Federal Emergency Management Agency designated one-hundred-year-surface elevation, plus one foot.

BASE FLOOD/ONE-HUNDRED-YEAR FLOOD

A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).

BASE MAP

A document on which property lines are depicted to the most-accurate scale.

BASEMENT

The part of a building or structure that is wholly or partly below ground level and can be used for residential, office or retail sale purposes, with a structural headroom of 7 1/2 feet or more.

BATTERY STORAGE FACILITY

A battery or batteries, and necessary equipment and controls, utilized to extend the power available to the host facility, and/or the grid, when installed in conjunction with a utility scale solar energy farm.

BED-AND-BREAKFAST

A dwelling in which not more than five bedrooms are provided for overnight guests for compensation, on daily or weekly basis, with or without meals.

BIOSOLIDS

A sewage sludge that has received treatment for pathogen control and is treated or managed in an attempt to reduce vector attraction and contains no more levels of pollutants deemed acceptable for land application under the Biosolids Use Regulations.

BOARD

Shall refer to the Board of Supervisors of Appomattox County, Virginia, unless otherwise specifically indicated.

BOARDINGHOUSE

A building where, for compensation, lodging and meals are provided for at least five and up to 14 unrelated persons, where no cooking or dining facilities are provided in individual rooms, and in which the length of stay usually exceeds one week in duration.

BOARD OF ZONING APPEALS

The Appomattox County Board of Zoning Appeals, as established under this chapter; the Board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of the Zoning Ordinance.

BREEZEWAY

A roofed, open-sided passageway connecting two structures, such as a house and/or a garage.

BREWERY

An establishment primarily engaged in brewing ale, beer, malt liquors, and nonalcoholic beer with a capacity of greater than 315,000 gallons per year. A brewery may include a restaurant or public tasting room as an accessory use.

BREWPUB

An establishment that is primarily a restaurant where ale or beer is brewed on premises as an accessory use. Also see Microbrewery.

BUFFERING or SCREENING

A strip of land with existing vegetation retained and/or supplemental vegetation added with trees/shrubs and maintained to provide transition and separation, to reduce noise and glare and to partially obstruct the view between adjacent land uses or properties. Buffers are undeveloped space, not to be cleared, graded, or excavated.

BUILDING

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

BUILDING CODE

The Virginia Statewide Building Code, adopted by the governing body, and any amendments thereto.

BUILDING, HEIGHT OF

The vertical distance measured from the level of approved street grade opposite the middle of the front of the building to the highest point of the roof surface of a flat roof, to the deckline of a mansard roof, and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; in the case of a building set back from the street line 35 feet or more, the “building height” is measured from the average elevation of the finished ground surface along the front of the building; and on a corner lot exceeding 20,000 square feet in area, the “height of the building” may be measured from either adjoining curb grade.

BUILDING INSPECTOR

The Building Official appointed by the governing body to administer and enforce the Building Code, or his designated representative or agent.

BUILDING LINE

The line, parallel to the street right-of-way, which passes through the point of the principal building nearest the street right-of-way, or in the case of the rear building line, farthest from the street right-of-way.

BUILDING, MAIN

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

BUILDING PERMIT

An approval statement signed by the Building Official authorizing the construction, alteration, reconstruction, or demolition of all or part of any building or structure because the proposed development complies with this Ordinance and the Building Code.

BUSINESS OR TRADE SCHOOL

A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as an educational facility, either primary or secondary, or college and university, or as a home occupation.

BUSINESS SUPPORT SERVICES

Establishments or places of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional, and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, as well as temporary labor services.

CALIPER

A measurement of the diameter of a tree trunk measured 4.5 feet above ground level.

CAMP

A use which primarily provides recreational opportunities of an outdoor nature on a daily or overnight basis. Included in this use type would be scout camps, religious camps, children’s camps, wilderness camps, and similar uses which are not otherwise specifically described in this chapter.

CAMPGROUND

A lot or group of lots under common ownership designed and used to accommodate short-term, overnight guests using recreational vehicles, tents, or some other form of temporary lodging and not for permanent residential use. Temporary lodging or short-term lodging for the purpose of the Ordinance shall mean less than thirty (30) consecutive calendar days.

CAMPSITE

A designated plot of ground within a campground intended or used for the exclusive occupancy by a tent, recreational vehicle, or a vacation cottage.

CANOPY

A structure that is not enclosed and is made of rigid or flexible material, that provides overhead protection from rain or sun for drive through service activity, including nonresidential establishments with drive-through service and gas pump islands at gas stations. The canopy may be attached or adjacent to a nonresidential building.

CAR WASH or AUTO DETAILING-

A commercial establishment providing the exterior washing and cleaning of vehicles where vehicles are manually driven into, or pulled by a conveyor through, a system of rollers and/or brushes, or by systematic manual hand washing/cleaning for commercial purposes. Interior cleaning and/or exterior drying may be conducted manually by the vehicle operator or an on-site attendant(s).

CELLAR

A part of a building or structure that is wholly or partly below ground level and cannot be used for residential, office or retail sales purposes, except for storage, with a structural headroom of less than seven feet and having more than 1/2 of it height below grade.

CEMETERY

A privately or church-owned and/or -operated place of burial of the dead, where lots may be sold and perpetual care of the graves may be furnished.

CERTIFICATE OF OCCUPANCY

A certificate granted by the Building Official which permits the use of a building or structure in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the Building Permit. A building may not be occupied without the issuance of a Certificate of Occupancy.

CERTIFICATE OF ZONING COMPLIANCE

For the purposes of this chapter, official certification that premises conform to all applicable provisions of this chapter and may be lawfully used or occupied.

CHANGE OF USE

Any use which is not identical to the previous use of the building, structure, or land.

CHECK CASHING ESTABLISHMENT

Any person or establishment engaged in the business of cashing checks, drafts, or money orders for compensation, and registered with the State Corporation Commission pursuant to §6.1-443, Code of Virginia, (1950), as amended. (Land Use Category: Financial Institution).

CHICKENS, DOMESTIC

The keeping of chickens located in principal residential zoning districts as an accessory use for the purpose of providing individual households in urban/suburban environments the opportunity to produce fresh eggs for personal household consumption.

CHURCH

A building which is used by a religious organization for public worship, including support facilities, such as a clergy residence, instructional buildings and church-owned cemeteries. (Also see “religious assembly.”)

CIRCUIT COURT

The Circuit Court of Appomattox County, Virginia.

CIVIC CENTER

A facility designed to accommodate 500 or more persons and used for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor display, food and beverage preparation and service for on-site consumption. Similar structures with a capacity less than 500 persons constitute a conference center or training center. (Land Use Category: Commercial Indoor Entertainment).

CLINIC

A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis, including emergency treatment, diagnostic services, training, administration, and services to outpatients, employees, or visitors.

CLUB, CIVIC

A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws. Civic club organizations include but are not limited to Ruritan clubs, Kiwanis clubs, Masonic clubs, and private and nonprofit clubs such as the YMCA.

CLUB, COUNTRY

Any nonprofit corporation organized and operated to provide facilities for dining, golf, tennis and swimming to its private, self-perpetuating membership. Civic, fraternal and patriotic clubs and lodges, whether operated for profit or not, shall be deemed “country clubs.”

CLUB, HUNT

A for-profit or nonprofit entity which has a building(s) or land(s) used by hunters or invited guests of hunting expeditions. A hunting cabin, which may be an ancillary part of the club, may include cooking facilities and sleeping quarters or bunkhouses for limited stays of not more than 30 consecutive days.

CLUB, PRIVATE

An establishment operated for the social, educational or recreational benefit of the members thereof, in which no enterprise is conducted except for the convenience of the members thereof and their guests. It includes, but is not limited to, hunt clubs, country clubs, and swim clubs, etc.

CLUBHOUSE

A building or room used for social or recreational activities by members of an organization or club (e.g. golf course clubhouse) or occupants of a residential or other development (e.g. home owners association). A clubhouse is subordinate to the principle use of the property.

CLUSTER DEVELOPMENT

A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.

CODE

The Code of Appomattox County.

COLLEGE OR UNIVERSITY

A public or private, non-profit institution for post-secondary education offering courses in general or technical education which operates within buildings or premises on land owned or leased by the institution for administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student centers, athletic fields, dormitories, and other facilities which further the educational mission of the institution. (Land Use Category: Educational Facilities, College/University).

COMMERCIAL

A wholesale, retail or service business activity established to carry on trade for a profit.

COMMERCIAL INDOOR AMUSEMENT

Establishments which provide multiple coin operated amusement or entertainment devices or machines as other than an incidental use of the premises. Such devices would include pinball machines, video games, and other games of skill or scoring, and would include pool and or billiard tables, whether or not they are coin operated. Typical uses include game rooms, billiard and pool halls, and video arcades.

[Added 3-29-2016]

COMMERCIAL INDOOR ENTERTAINMENT

Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theatres, concert or music halls.

[Added 3-29-2016]

COMMERCIAL INDOOR SPORTS AND ENTERTAINMENT

Predominantly participant uses conducted within an enclosed building. Typical uses include bowling alleys, ice and roller skating rinks, indoor racquetball, and/or tennis facilities, and indoor shooting ranges.

[Added 3-29-2016]

COMMERCIAL FEEDLOTS

A feedlot whose primary enterprise is to feed cattle and market them for slaughter.

COMMERCIAL LANDSCAPE OPERATION

The provision of tree, lawn, and landscaping services including planting, pruning, mulching, and tree/lawn/grounds maintenance using landscaping materials grown on the property and landscape materials produced off-site such as top soil and mulch. Includes greenhouses, office building, and equipment necessary for the operation of such services. (Land Use Category: Landscaping and Lawn Care Services).

COMMERCIAL OUTDOOR ENTERTAINMENT

Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include sports arenas, motor vehicle or animal racing facilities, and outdoor amusement parks.

[Added 3-29-2016]

COMMERCIAL OUTDOOR SPORTS AND RECREATION

Predominantly participant uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf, swimming pools, tennis courts, outdoor racquetball courts, motorized cart and motorcycle tracks, and motorized model airplane flying facilities.

[Added 3-29-2016]

COMMISSION

The Planning Commission of Appomattox County and the Town of Pamplin City, Virginia, known as the “Appomattox County Planning Commission.”

COMMUNICATIONS SERVICES

Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded from this use type are facilities classified as Utility Services or Wireless Communications Facilities. Typical uses include television studios, telecommunication service centers, telegraph service offices, or film and sound recording facilities.

COMMUNITY CENTER

A building used for recreational, social, educational, and/or cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency. Includes uses for senior citizens and/or youth.

COMMUNITY GARDEN

A private or public facility for the cultivation of fruits, flowers, vegetables or ornamental plants by more than one person, household or family , with produce used exclusively by said person, household or family within the common community, for the greater good of the common community. (Land Use Category: Accessory Use/Structure).

COMMUNITY RECREATION

A recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are usually proposed or planned in association with development and are located within or adjacent to such development.

COMPANION ANIMAL

Any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, reptile, native bird, or any feral animal or any domesticated animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, such as livestock, game species, or any animals regulated under federal law as research animals shall not be considered companion animals.

COMPOSTER

A structure, reviewed and approved by the Robert E. Lee Soil and Water Conservation District, or other appropriate agency, utilized for the disposal of dead fowl.

COMPOSTING

The agricultural process by which organic waste (i.e. yard trimmings, food wastes, manures) are combined in proper ratios; adding bulking agents (i.e. wood chips) as necessary, to provide air space; controlling temperature, moisture, and oxygen to achieve accelerated decomposition; thus producing a stable humus material.

CONDITIONAL REZONING

A change in the zoning classification of a parcel of land or portion thereof, in which voluntary conditions, otherwise known as proffers, are placed on the approval of change in zoning classification.

CONDITIONAL USE

A use of the land which may be allowed in a zoning district in which the land is situated subject to the approval of the governing body after a public hearing thereon.

CONDITIONAL USE PERMIT

A permit issued by the Board of Supervisors for a land use that is not listed under the permitted uses for the zoning district in which the land is located, but which the zoning ordinance does list for that zoning district as a ‘conditional use’, a ‘special use’ or words of similar import, signifying that the use is to be permitted only after being submitted to governmental scrutiny in each case, in order to ensure compliance with standards designed to protect neighboring properties and the public. The term ‘conditional use permit’ is used interchangeably with ‘special use permit’ and ‘special exception’.

CONDOMINIUM

A single unit in a multiple-unit residential or commercial structure that is offered for sale and shall be a part of a condominium project with general common elements, as defined in § 55-79.2, Code of Virginia 1950, as amended.

CONFERENCE OR TRAINING CENTER

A facility designed to accommodate fewer than 500 persons and used for conferences, seminars, product displays, recreational activities, and entertainment functions, along with accessory functions such as food and beverage preparation and service for on-site consumption. (Land Use Category: Business or Trade School).

CONSENSUS

A unanimous agreement between the developer and affected property owners that the proposed project is compatible as determined by the presiding officer (formal voting prohibited).

CONSERVATION EASEMENT

The recorded grant of property rights establishing limitations that run with the land for a minimum of forty (40) years duration that prohibit subdivision of non-farm development on the tract other than one single family dwelling. Such easements shall be held by an entity authorized to hold easements in the Commonwealth of Virginia.

CONSTRUCTION

The erection of any building or structure or any preparations thereof, including land disturbing activities.

CONSTRUCTION SALES AND SERVICE

Establishments or places of business primarily engaged in retail or wholesale sales, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding automobile or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments.

CONSTRUCTION YARD

Establishment housing facilities or businesses primarily engaged in construction activities, including outside storage of materials and equipment. Typical uses include building contractor yards, concrete contractor yards, heating and air contractors, and electrical contractors.

CONSUMER REPAIR SERVICES

Establishments primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair use types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments.

CONTIGUOUS

Parcels of land sharing a common border not separated by a state maintained road, railroad, or public utility right of way.

CONTIGUOUS DEVELOPMENT

Areas where adjacent properties are developed.

CONTRACTOR’S OFFICE

A building or portion of a building used by a building, heating, plumbing, electrical, or other development contractor both as an office and for the storage of a limited quantity of materials, supplies, or equipment inside the building. (Land Use Category: Construction Yard).

CONTRACTOR YARD

Areas or facilities used for the outside storage of materials and equipment for businesses engaged in construction activities. This use type typically does not provide for office space or any enclosed facility. Also known as a Construction Yard.

CONVENIENCE CENTER, COUNTY

A facility that accepts residential solid wastes generated by and transported from individual uses for temporary transport to a processing or disposal facility. Facility is operated by Appomattox County.

CONVENIENCE STORE

Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware. Convenience stores shall include sales of various fuels. Typical uses include neighborhood markets and country stores.

CORRECTION FACILITIES

A public or privately operated use providing housing and care for individuals legally confined for violation of criminal law, designed to isolate those individuals from a surrounding community. Such uses may include cafeteria, housing for facility staff, and facilities for the production of goods or materials for sale so long as it is enclosed within the secured area.

COUNTY

Appomattox County, Virginia.

CRISIS CENTER

A facility providing temporary protective sanctuary for victims of crime or abuse including emergency housing during crisis intervention for victims of rape, child abuse, or physical beatings for a length of time not to exceed thirty (30) days.

CROP PRODUCTION

Agricultural and horticultural uses, including, but not limited to the commercial production of grains, field crops, vegetables, fruits, flower fields, and seed production, ornamental crops, tree and sod farms.(Land Use Category: Agriculture).

CUL-DE-SAC

A street with only one outlet terminating in a circular turning area.

CULTURAL SERVICES

A library, museum, or similar public or quasi-public use displaying, preserving, and exhibiting objects of community and cultural interest in one or more of the arts or sciences.

[Amended 3-29-2016]

CUSTOM MANUFACTURING

Establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, or the use of mechanical equipment commonly associated with residential or commercial uses, or a single kiln.

CUPOLA

A small structure, ornamental in nature, built on top of a roof.

DANCE HALL

A building open to the general public for the purpose of providing a place for dancing and where an admission is charged for the purpose of making a profit, except when sponsored by a civic, charitable or nonprofit group.

DATA CENTER

An establishment primarily engaged in providing infrastructure (e.g. computer systems and associated components such as telecommunications and storage systems) for data processing and storage, web hosting, application hosting, streaming services, and related services. Use includes server farms, telecom hotel, carrier hotel, telehouse co-location center, or any other term applicable to facilities which are used for these specified purposes. (Land Use Category: Industrial Manufacturing).

DAY-CARE CENTER

Any facility operating for the purpose of providing care, protection, and guidance to five or more individuals during only part of a twenty-four-hour day. This term includes nursery schools, preschools, day-care centers for individuals, and other similar uses, but excludes public and private educational facilities or any facility offering care to individuals for a full twenty-four-hour period.

DAY-CARE CENTER FOR ADULTS

A facility which is either operated for profit or which desires licensure for four or more aged, infirm or disabled adults, which is operated during a part of the day only and which provides supplementary care and protection of individuals who reside elsewhere, except a facility or portion of a facility licensed by the State Board of Social Services and the home or residence of an individual who cares for only persons related to him by blood or marriage, and meeting applicable licensing requirements of the commonwealth.

DECK

A structure, without a roof, directly adjacent to a principal building, which has an average elevation of 30 inches or greater from finished grade. A deck may be constructed of any materials.

DEDICATION

The transfer of private property to public ownership upon written acceptance.

DENSITY

The ratio of the total number of residential dwelling units on a lot to total lot area.

DEVELOPED LAND

Any change to the land from its natural state other than property which is primarily devoted to agricultural use.

DEVELOPER

Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to bring about development for the individual or another; includes the term “subdivider.”

DEVELOPMENT – A tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or, industrial purpose, or multiple residential dwelling units. The term shall include, but not be limited to the following:

• • A change in the type of use of a building, structure, or land;
  • Disturbance of land through the removal of trees or ground cover;
  • Division of land into two (2) or more parcels;
  • Dredging, filling, or grading;
  • Construction or enlargement of a building or structure;
  • Material increase in the intensity of use of land, including the number of businesses, dwelling units, offices, or manufacturing establishments;
  • Demolition of a structure;
  • Commencement or expansion of agricultural or horticultural or forestall activities;
  • Commencement or expansion of resource extraction activities such as mining or drilling;
  • Deposition of refuse or solid or liquid waste on land;
  • Storage of buildings, equipment, materials or other structures;
  • Alteration or disturbance of land, shore, bank, or channel of any stream, lake or body of water, including the alteration of any wetland.

DEVELOPMENT PLAN

A plan, drawn to scale, for one or more lots, parcels, or tracts on which is shown the existing and proposed conditions of the lot, parcel or tract.

DISTILLERY

An establishment primarily engaged in distilling and blending of potable liquors, including mixing them with other ingredients, with a capacity greater than 5,000 gallons of finished product per year. A distillery may include a restaurant or tasting room as an accessory use.

DISTILLED SPIRITS

The product made by the acetous fermentation of dilute distilled alcohol derived from grain, sugar, syrup, molasses, or refiners’ syrup. Includes terms such as “distilled vinegar,” “grain vinegar,” or “spirit vinegar,” or similar words.

[Added 3-29-2016]

DISTRICT

A section of Appomattox County, Virginia, within which the zoning regulations are uniform.

DOMESTIC USE

Normal family or household use of water, including drinking, laundering, bathing, cooking, heating, cleaning and flushing toilets.

DOMESTIC(ATED) ANIMAL

Animal(s) of any species that are generally accepted as tamed/controlled by humans, but does not include any animal(s) regarded as of a wild species, which has been bred in captivity, or taken from the wild and tamed. This term does not include Livestock or Exotic Animals.

DRIVEWAY

A road, usually private, made of a minimum of gravel, a minimum of ten (10) feet in width, which provides access from a street, public or private, to a dwelling unit or a commercial business.

DRUGSTORE OR PHARMACY

An establishment, either freestanding or part of a shopping center, usually with drive-through service, that is engaged in the retail sale of prescription. (Land Use Category: Retail Sales).

DWELLING

Any building or portion thereof which is designed for or used for residential purposes.

DWELLING, MULTIFAMILY

A building designed for or occupied exclusively by three or more families living independently of each other in three or more dwelling units; the term includes condominiums of similar physical appearance, character and structure.

DWELLING, SINGLE-FAMILY

A building designed for or occupied exclusively by one family in a single dwelling unit.

DWELLING, TWO-FAMILY (DUPLEX)

A building designed for or occupied exclusively by two families living independently of each other in two dwelling units.

DWELLING UNIT

One or more rooms in a residential building or in a mixed building which are arranged, designed, used or intended for use by one family, and which include lawful cooking space and lawful sanitary facilities reserved for the occupants thereof.

EASEMENT

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

EDUCATIONAL FACILITIES, COLLEGE/UNIVERSITY

An educational institution authorized to award associate, baccalaureate, or higher degrees.

EDUCATIONAL FACILITIES, PRIMARY/SECONDARY

A public, private, or parochial school offering instruction at the elementary, junior, middle and/or senior high school levels in the branches of learning and study required by the Commonwealth of Virginia.

ELEVATED BUILDING

A non-basement building built to have the lowest floor elevated above ground level by means of fill, solid foundation, perimeter walls, pilings, or columns (post and piers).

EMERGENCY SERVICES

Includes fire, police, rescue squads and other similar activities.

ENGINEER

An engineer registered by the Commonwealth of Virginia.

EQUIPMENT SALES AND RENTAL

Establishments primarily engaged in the sale, service or rental of tools, trucks, tractors, construction equipment, agricultural implements, party supplies, and similar industrial equipment, and the rental of temporary office/storage trailers. Included in this use type are the incidental storage, maintenance, and servicing of such equipment.

ESTABLISHMENT

Any business, enterprise, or other land use permitted by this chapter.

ESTATE SALE/AUCTION

A public sale or auction to dispose of the majority of the materials owned by a person who is deceased or will be moving. (Land Use Category: Temporary Use).

EXISTING LIVESTOCK, DAIRY, FEED LOT, POULTRY FACILITY

A livestock, dairy or poultry operation, with accessory uses or structures, which is occupied or has been occupied by a commercial livestock raiser, dairy or poultry operation for a twelve-month period of time within the five years immediately preceding the date on which zoning approval is sought for a dwelling, including sites or structures which are accessories to the livestock facility, dairy or poultry facility.

EXPANSION

An increase in the floor area of an existing structure or building, or the increase in the area of a use.

EXOTIC ANIMAL

Any animal(s) that are found in the wild, or in a wild state, and are native to a foreign country.

FABRICATION

The act or process associated with metal manufacturing or manipulation. (Land Use Category: Industrial Manufacturing).

FAÇADE

The front of a building.

FACILITY OWNER

The person or entity that owns all or a portion of a solar energy facility (farm), whether or not it owns the site on which the facility is located.

FAMILY

One or more persons living together in a single-family dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single-family dwelling unit who are not related by blood, adoption, or marriage do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family; the following criteria shall be present:

A. The group shares the entire dwelling unit.

B. The group lives and cooks together as a single housekeeping unit.

C. The group shares expenses for food, rent, utilities, or other household expenses.

D. The group is permanent and stable and not transient or temporary in nature.

E. Any other factor reasonably related to whether the group is the functional equivalent of a family.

FAMILY DAY HOME

A single-family dwelling in which more than five but fewer than 13 individuals are received for care, protection, and guidance during only part of a twenty-four-hour day. Individuals related by blood, legal adoption or marriage to the person who maintains the home shall not be counted towards the total. The care of five or fewer individuals for portions of a twenty-four-hour day shall be considered as a home occupation.

FAMILY, IMMEDIATE

Any person who is a naturally or legally defined offspring, spouse, parent, grandparent, grandchild, or sibling.

FAMILY SUBDIVISION

A single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner, with only one such division allowed per family member.

FARM

An area of land and its buildings used for growing crops and rearing animals; making one’s living by growing crops or keeping livestock, from which $1,000 or more of agricultural products are produced and sold, or normally would be sold, during a calendar year. (Land Use Category: Agriculture).  

FARM BREWERY, LIMITED

A brewery that manufactures no more than 15,000 barrels of beer per calendar year, provided that the brewery is located on a farm owned or leased by such brewery or its owner and agricultural products, including barley, other grains, hops, or fruit used by such brewery in the manufacture of its beer, are grown on the farm. The on-premises sale, tasting, or consumption of beer during regular business hours within the normal course of business of such licensed brewery, the direct sale and shipment of beer and sale and shipment of beer to licensed wholesalers and out-of-state purchasers in accordance with state and federal law, the storage and warehousing of beer, and the sale of beer-related items that are incidental to the sale of beer are permitted.

[Added 3-29-2016]

FARM EMPLOYEE HOUSING

A dwelling located on a farm for the purpose of housing an employee of that farm operation and his/her family. Also included in this use type would be multifamily dwelling(s) for seasonal employees in connection with an orchard or other agricultural use which relies on seasonal employees who must be housed.

FARM OPERATOR

The person who runs the farm, making the day-to-day management decisions. The operator could be an owner, hired manager, cash tenant, share tenant, and/or a partner. If land is rented or worked on shares, the tenant or renter is the operator.

[Added 7-6-2015]

FARM WINERY

An establishment with facilities for fermenting and bottling where the owner or lessee of the facility manufactures wine that contains not more than 18 percent alcohol by volume and is either (1) located on a farm with a producing vineyard, orchard, or similar growing area or (2) located in the state with a producing vineyard, orchard, or similar growing area or that has agreements to purchase grapes or fruits from agricultural growers within the state. Accessory uses associated with this use include wine tasting, related food sales and related retail areas. (Land Use Category: Winery).

FARMER’S MARKET

A public market held in a structure or open area where farmers primarily sell produce and other farm products they have grown, gathered, or raised directly to consumers. (Land Use Category-Retail Sales).

FEED LOT

An enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals; a coop.

FENESTRATION

The arrangement, proportions, and design of windows and doors along the façade of a building.

FESTOONS

A string of ribbons, tinsel, flags, pennants, pinwheels, or similar devices.

FINANCIAL INSTITUTIONS

Provision of financial institutions and banking services to consumers or clients. Walk-in and drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, savings banks, credit unions, lending establishments, and automatic teller machines (ATMs).

FIRE OR EMS STATION

A facility for the provision of local rapid response emergency services such as firefighting and mobile medical emergency services, including areas of storage and maintenance of emergency vehicles, and equipment and facilities for the housing and feeding of emergency personnel while on duty. (Land Use Category: Safety Services Public or Private).

FISH HATCHERY

A place for artificial breeding, hatching, and rearing through the early life stages of animals—finfish and shellfish in particular, primarily to support the aquaculture industry where they are transferred to on-growing systems, such as fish farms, to reach harvest size.

FLEA MARKET

A market held in an open area or structure where individual sellers offer goods for sale to the public. Such sellers may set up temporary stalls or tables for the sale of their products, which may be new or used.

FLOOD

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

FLOOD HAZARD AREAS

The maximum area of the floodplain which is likely to be flooded once every 100 years or for which mudslides can be reasonably anticipated.

FLOODPLAIN

Any land area susceptible to being inundated by water from any source.

FLOODPROOFING

A combination of structural provisions, changes or adjustments to properties and structures subject to flooding required for new construction in the floodway by the County Building Code.

FLOODWAY

The channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

FLOOR AREA – (Gross Floor Area)

The sum of the gross horizontal areas of each coverned floor of a building, measured from the outside faces of exterior walls or from the centerline of party walls separating two buildings, but not including areas devoted to vehicle parking, uninhabitable basements, attics, or service/mechanical equipment rooms. Also not included in this calculation are areas open to the sky or unenclosed on two or more sides (e.g. balconies, open porches, breezeways, patios, etc.).

FLOOR AREA RATIO

The ratio of gross floor area of al buildings on the lot to the total lot area.

FOOT CANDLE

A quantitative unit of measure referring to the measurement of illumination incident to a single point. One foot-candle is equal to one lumen uniformly distributed over an area of one square foot.

FORESTRY AND LOGGING

A use of land whereby forests are tended, harvested, and reforested either by natural or artificial reforestation, or both and where timber is cut and sorted on-site for commercial purposes. (Land Use Category: Temporary Use).

FORESTRY OPERATIONS

The use of land for the raising and harvesting of timber, pulp woods, and other forestry products for commercial purposes, including temporary operation of a sawmill and/or chipper to process timber cut from that parcel or contiguous parcels. Excluded from this definition shall be the cutting of timber associated with land development approved by the County, which shall be considered an accessory to the development of the property.

FUNERAL HOME

An establishment that provides human funeral services, including embalming and memorial services. Crematories are an accessory use to a funeral home.

FUNERAL SERVICES

Establishments engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes, mortuaries, or crematories.

GARAGE OR YARD SALE

The temporary and occasional use of the garage and/or yard of a residential dwelling for the casual sale of miscellaneous items of personal property to the general public. (Land Use Category: Temporary Use).

GARAGE, PRIVATE

An accessory structure or a portion of the main building designed for the storage of automobiles owned and used by the occupants of the main building.

GARAGE, PUBLIC

A building or portion thereof, other than a private garage, designed or used for storing motor-driven vehicles.

GARDEN CENTER

Establishments or places of business primarily engaged in retail or wholesale (bulk) sale, from the premises, of trees, shrubs, seeds, fertilizers, pesticides, plants and plant materials primarily for agricultural, residential, and commercial consumers. Such establishments typically sell products purchased from others but may sell some material which they grow.

GARDENING

Any use of land, unenclosed except for fencing, for the raising of grass, flowers, vegetables, crops, trees or other botanical objects of natural growth, but not including accessory structures used for the same purpose.

GAS STATION

A retail establishment at which motor vehicles are refueled, serviced, and sometimes repaired; also known as a “filling station.” Also see “convenience store.”

GLARE

The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

GOLF COURSES

Any golf course, publicly or privately owned, on which the game golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges.

GOLF DRIVING RANGE

A limited area on which golf players do not walk but onto which they drive golf balls from a central driving tee, such area to include the driving tee and other incidental activities pertaining to this activity.

GOVERNING BODY

The Appomattox County Board of Supervisors or its designated agent or representative.

GREENHOUSE

A structure for the raising of plants or flowers indoors for private or retail purposes.

GROCERY STORE

An establishment engaged in retail and/or wholesale sale of food, foodstuffs, sundries, or other common household items to members of the public. (Land Use Category: Retail Sales).

GROUP HOME

A residential facility in which no more than eight mentally ill, mentally disabled or developmentally disabled persons reside, with one or more resident counselors or other staff persons.

GUIDANCE SERVICES

A use providing counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar conditions for only part of a twenty-four-hour day.

HALFWAY HOUSE

An establishment providing accommodation, rehabilitation, counseling, and supervision to persons suffering from alcohol or drug addiction, to persons reentering society after being released from a correctional facility or other institution, or to persons suffering from similar disorders.

HAZARDOUS WASTE

Solid or liquid waste which, because of concentration, quantity, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapacitating illness; may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed; or is identified by the United States Environmental Protection Agency as hazardous.

HEALTH DEPARTMENT

The Appomattox County Health Department or its designated agent or representative.

HEDGE

A fence or a boundary formed by a dense row of shrubs or low trees.

HEIGHT

For the purpose of determining the height limits in all zones as set forth in this chapter and shown on the Zoning Map, the datum shall be mean sea level (MSL) elevation unless otherwise specified.

HEIGHT, SYSTEM

The height of a wind turbine measured from the existing lowest grade to the tip of the rotor blade at its highest point, or blade-tip height.

HELICOPTER LANDING FACILITY

An identifiable area of land or water, or elevated on a structure, that is licensed or approved for the landing and takeoff of helicopters or other rotorcraft, and which may include ancillary facilities such as parking, waiting rooms, fueling station or maintenance equipment.(Land Use Category: Aviation Facility, Pubic/Private).

HIGHWAY, PRIMARY

All state highways in the State Highway System so designated by the Commonwealth Transportation Board under requirements of § 33.1-25 of the Code of Virginia (1950), as amended.

HIGHWAY, SECONDARY

All roads in the Commonwealth of Virginia not currently in the primary system of state highways as provided for in § 33.1-67 of the Code of Virginia (1950), as amended.

HISTORIC LANDMARK

Any landmark listed on the Virginia Landmarks Register by the Historic Resources Board according to the procedures set out in the Code of Virginia.

HISTORIC STRUCTURE

Any structure that is listed on the National Register of Historic Places, or listed on the Virginia Landmarks Register, or listed on an inventory of historic places developed by the county. Such buildings or structures have contributed to the historic significance of the community, state or nation.

HOME BEAUTY/BARBER SALON

Incidental use of a single-family dwelling for hairstyling or barbering, established and conducted in accordance with the use and design standards found herein.

HOME FOR ADULTS

Any place, establishment or institution, public or private, including any day-care center for adults, operated or maintained for the maintenance or care of four or more adults who are aged, infirm or disabled, except a facility or portion of a facility licensed by the State Board of Health or the State Hospital Board, but including any portion of such facility not so licensed, and the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage, and meeting applicable licensing requirements of § 63.2-1701, Code of Virginia 1950, as amended.

HOME FOR THE AGED

A building or place in which the establishment is providing housing, board, lodging and maintenance for four or more aged persons who are not infirmed, chronically ill or incapacitated, with such establishment having separate sleeping quarters and common areas for dining, recreation and other similar facilities.

HOME GARDEN

Use of land on a residential lot for the outdoor cultivation of vegetables, fruits, flowers, or other small plants as accessory to the principal residential use, for consumption by the occupants of the use. (Land Use Category: Temporary Use).

HOME OCCUPATION

An accessory use of a dwelling unit, located either in the main building or an accessory building, for financial gain or support, involving the manufacture, provision or sale of goods and/or services which is clearly incidental to or secondary to the residential use of a dwelling unit.

A. TYPE I A home occupation of an intensity suitable for the more-densely established residential areas typically found in or near the suburban areas of the County as designated by the Comprehensive Plan.

B. TYPE II A home occupation of an intensity suitable for the more agricultural and rural areas of the County as designated by the Comprehensive Plan.

HOMELESS SHELTER

A facility with support and supervisory personnel that provides temporary living accommodations for homeless persons.

HOMEOWNERS ASSOCIATION

A non-profit organization operating under recorded land agreements through which each landowner is automatically a member and each lot is automatically subject to the covenants or rules, and may be charged a proportionate share of the expenses for the organizations activities.

HORSE BOARD AND EQUESTRIAN TRAINING

An establishment where horses are boarded and cared for, where instruction in riding, jumping, and showing is offered, and where horses may be hired for riding. Use may include a livery stable and riding academies. (Land Use Category: Stable, Commercial)

HOSPITAL

Includes sanatorium, preventorium, clinic or rest home, and is deemed to mean a place for the treatment of human disorder and ailments; or an institution providing health services for inpatient medical or surgical care, care of sick or injured and related laboratories, offices and outpatient facilities and services.

HOTEL/MOTEL/MOTOR LODGE

A building or group of attached or detached buildings containing dwelling or lodging units, in which 50% or more of the units are intended primarily for rental or lease to transient persons by the day, week, or month. Such uses shall include a lobby, clerk’s desk or counter and facilities for registration and keeping of records relating to guests. In addition, such uses should contain or provide one or more of the following: ice/vending/snack machines, gift or other personal-service-type shops, fitness/workout facility, outdoor recreation amenities, meeting/conference rooms, maid/cleaning facilities, restaurant/lounge and laundry facilities.

HOUSEHOLD PET

Domesticated animals that are kept for personal use or enjoyment, either inside or outside of a home in conjunction with a residential dwelling land use. Household pet shall include, but not be limited to dogs, cats, birds, and/or rodent, or similar animals, as determined by the Zoning Administrator. Exotic animals, meaning any animal(s) that are found in the wild, or in a wild state, and/or are native to a foreign country, shall not be considered a household pet. Livestock shall not be considered a household pet.

INDUSTRIAL/COMMERCIAL PARK DEVELOPMENT

A form of development characterized by a unified site design for a variety of commercial and industrial uses, open space buffers, and a mix of building types in which flexibility is given to project planning by allowing for the specific land uses to be determined as the market/need arises.

INDUSTRIAL MANUFACTURING

Enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses. Use may include processing, manufacturing, compounding, assembling, packaging, treatment or fabrication of materials and products, bottling, printing plants, pharmaceuticals, cosmetics, solvents and/or other chemicals, and the production of items made of stone, metal or concrete.

INFILL DEVELOPMENT

The development of vacant or partially developed parcels that are surrounded by or in close proximity to areas that are substantially or fully developed.

INFIRMED

Feeble from age and physically or mentally unable to care for oneself.

INTENSIVE DAIRY FACILITY

Any enclosure, pen, feedlot or accessory structure(s) that includes the raising or production of at least 300 dairy cattle. It includes any buildings, structures, excavations, or enclosed areas directly involved therein, including land used for feed lot purposes, and any animal waste storage structures, excavations or areas directly connected to or associated with such operations. Open pasture land, not used for active grazing, is expressly excluded.

[Added 7-6-2015]

INTENSIVE FARMING FACILITY

A specialized farming facility that includes the raising or production of a large number of animals usually in a confined indoor facility, which includes beef cattle, dairy cattle, horses, poultry (chickens or turkeys), and/or pigs.

[Amended 7-6-2015]

INTENSIVE LIVESTOCK FACILITY

Any enclosure, pen, feedlot or accessory structure(s) that includes the raising or production of at least 300 beef cattle, 3,000 sheep, or 150 horses. It includes any buildings, structures, excavations, or enclosed areas directly involved therein, including land used for feedlot purposes, and any animal waste storage structures, excavations or areas directly connected to or associated with such operations. Open pasture land, not used for active grazing, is expressly excluded.

[Amended 7-6-2015]

INTENSIVE POULTRY FACILITY

Any enclosure, pen, feedlot or accessory structure(s) that includes the raising or production of at least 30,000 chickens or 16,500 turkeys. It includes any buildings, structures, excavations, or enclosed areas directly involved therein, including land used for feedlot purposes, and any animal waste storage structures, excavations or areas directly connected to or associated with such operations. Open pasture land, not used for active grazing, is expressly excluded.

[Added 7-6-2015]

INTENSIVE SWINE FACILITY

Any enclosure, pen, feedlot or accessory structure(s) that includes the raising or production of at least 750 pigs. It includes any buildings, structures, excavations, or enclosed areas directly involved therein, including land used for feedlot purposes, and any animal waste storage structures, excavations or areas directly connected to or associated with such operations. Open pasture land, not used for active grazing, is expressly excluded.

[Added 7-6-2015]

INTERPRETATION

An explanation of the meaning of the text, uses, or other provisions of this Ordinance, or the boundaries of the Official Zoning Map or of the conditions of approval imposed on a permit or development approval.

JUNK

Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or wrecked automobiles or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.

JUNKYARD

An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk or for the maintenance or operation of an automobile graveyard. (Land Use Category: Scrap & Salvage Services).

KENNEL, COMMERCIAL

The boarding, breeding, raising, grooming, or training of three or more dogs, cats or other household pets of any age not owned by the owner or occupant of the property and for which commercial gain is the primary objective.

KENNEL, PRIVATE

The keeping, breeding, raising, showing or training of three or more dogs over six months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective.

LABORATORIES

Establishments primarily engaged in performing research or testing activities into technological matters. Typical uses include engineering and environmental laboratories, medical, optical, dental, and forensic laboratories, x-ray services, and pharmaceutical laboratories only involved in research and development. Excluded are any laboratories which mass-produce one or more products directly for the consumer market.

LAND

The earth, water, and air, above, below, or on the surface and includes any improvements or structures attached hereto.

LAND-DISTURBING ACTIVITY

.Any man-made change of the land surface, including removing vegetative cover, excavating, filling and grading, and the construction of any structure-but not including minor modifications to landscaping or agricultural activities such as planting, cultivating, and harvesting crops or trees, or growing or tending of gardens. The term shall not include those exemptions specified in the Code of Virginia § 62.1-44.15:34. (Land Use Category: Temporary Use).

LANDFILL, CONSTRUCTION DEBRIS

The use of land for legal disposal of construction and demolition wastes consisting of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, metals, and plastics associated with construction and wastes from land-clearing operations consisting of stumps, wood, brush, and leaves.

LANDFILL, RUBBLE

The use of land for the legal disposal of only inert waste. Inert waste is physically, chemically, and biologically stable from further degradation and considered to be nonreactive, and includes rubble, concrete, broken bricks, and block.

LANDFILL, SANITARY

An engineered land burial facility for the legal disposal of municipal solid waste derived from households, business and institutional establishments, including garbage, trash, and rubbish, and from industrial establishments, other than hazardous wastes as described by the Virginia Hazardous Waste Regulations. Its purpose is to contain and isolate the solid waste so that it does not pose a substantial present or potential hazard to human health or the environment.

LANDOWNER

Any owner of a legal or equitable interest in real property, including heirs, devisees, successors, assigns, and agent or personal representative of the owner.

LANDSCAPING

The improvement of the appearance of an area by the planting of trees, grass, shrubs, or other plant materials, or by the alteration of the contours of the ground.

LANDSCAPING AND LAWN CARE SERVICES

Establishments or places of business engaged in the provision of routine lawn maintenance, including mowing, landscaping, and planting. Retail sale of equipment, plantings, or mulch is not considered to be in this category; see “garden center.”

LAUNDRY

Establishments primarily engaged in the provision of laundering, cleaning, or dyeing services other than those classified as “personal services.” Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services.

LIFE CARE FACILITY

A residential facility primarily for the continuing care of the elderly, providing for transitional housing progressing from independent living in various dwelling units, with or without kitchen facilities, and culminating in nursing-home-type care, where all related uses are located on the same lot. Such facility may include services integral to the personal and therapeutic care of the residents.

LIVESTOCK

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

LIVESTOCK, DAIRY, FEED LOT, OR POULTRY STRUCTURE

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

LIVESTOCK PRODUCT

Any carcass, part thereof, meat, or meat food product of any livestock.

LIVESTOCK SALES & AUCTION

An enclosure or structure designed or used for holding livestock for the purposes of sale or transfer by auction, consignment, or other means. Also known as a Livestock Market.

LIVESTOCK OR SWINE RAISER, DAIRY OR FEED LOT OPERATOR, or POULTRY GROWER

The owner or operator of the livestock or swine facility, dairy, feed lot or poultry facility or the land on which the livestock, dairy, feed lot or poultry facility is located.

LOADING SPACE, OFF-STREET

Space for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled.

LOGO

Any display of emblems, lines or colors, or any combination thereof used as a symbol of an organization or business.

LOT

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

LOT AREA

The total horizontal land area within the lot lines of a lot, excluding any area within existing or proposed public street rights-of-way.

LOT, CORNER

A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a “corner lot” if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°.

LOT COVERAGE

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

LOT FRONTAGE WIDTH

The distance between side property lot lines measured at the front lot line.

LOT, INTERIOR

A lot other than a corner lot, with only one frontage on a street.

LOT LINE (PROPERTY LINE)

A line forming the boundary of a lot.

LOT LINE ADJUSTMENT

An adjustment or reconfiguration of lot lines to an existing lot. Also known as a Boundary Line Adjustment.

LOT LINE, FRONT

The lot line separating the lot from an abutting street right-of-way or private road easement.

LOT LINE, REAR

The lot line along the edge of a property opposite its front lot line.

LOT LINE, SIDE

A lot line not abutting a street and connecting the lot’s front and rear lot lines.

LOT OF RECORD

A lot, which may or may not be part of a subdivision, that a plat of said lot has been recorded in the office of the Clerk of Circuit Court, or a lot described by metes and bounds, the description of which has been so recorded.

LOT, PIPESTEM

A panhandle- or flag-shaped lot with its widest point set back from the road at the rear of another lot (called the “pipe”), and having a thin strip of land connecting to the road to provide legal access and frontage (called the “stem”). Pipestem lots are also referred to as “panhandle lots” or “flag lots.”

LOT, THROUGH

A lot, other than a corner lot, with frontage on more than one street. Through lots abutting two streets may be referred to as “double-frontage lots.”

LOT WIDTH

The distance between side lot lines measured at the required minimum building setback line in that district. In the case of lots on a curve in the street, the lot width measured along the minimum setback line shall not be less than 80% of the required lot width in the district. In the case of lots on the turning circle of a cul-de-sac, the width measured along the minimum setback line shall not be less than 60% of the required lot width in the district.

LUMEN

A standard unit of measurement referring to the amount of light energy emitted by a light source without regard to the effectiveness of its distribution.

MAJOR RECREATIONAL EQUIPMENT

A boat, boat trailer, pick-up truck camper, motor coach, motorized dwelling, tent trailer, or similar recreational vehicle or equipment, as well as, cases or boxes used for transporting recreational equipment, whether or not occupied by such equipment.(Land Use Category: Accessory Use/Recreational Vehicle).

MANUFACTURE and/or MANUFACTURING

The processing and/or converting of raw, unfinished materials or products, or either of them, into articles or substances of different character or for use for a different purpose.

MANUFACTURED HOME

A structure subject to federal regulation, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to required utilities. Also see Mobile Home.

MANUFACTURED HOME, ACCESSORY

A manufactured home that is subordinate to a single-family dwelling or a manufactured home on a single lot and is used for storage. The structure must be altered to a point of being uninhabitable as determined by the Building Official.

MANUFACTURED HOMES SALES

Establishments primarily engaged in the display, retail sale, rental, and minor repair of new and/or used manufactured homes, parks, and equipment.

MANURE STORAGE SITE

Any storage sites where manure is kept for more than 60 days within a twelve-month period. The manure storage site must be within the contiguous acreage of an intensive farming operation.

MASSAGE CLINIC

Any establishment other than a regularly licensed hospital where nonmedical and nonsurgical manipulative exercises are practiced on the human body for reasons other than cosmetic or beautifying purposes by anyone that is not a physician or surgeon or has a similarly registered professional status.

MEAT PACKING PLANT

The processing of meat products and by-products, primarily for commercial purposes, directly from live animals or offal from dead animals. (Land Use Category: Industrial Manufacturing).

MEDICAL OR DENTAL CLINIC

A small-scale facility where patients are admitted for examination and treatment by one or more physicians, dentists, or other health practitioners on a short-term basis. Examples include, but not limited to,

MICROBREWERY

A brewery which is housed within and operated in conjunction with a restaurant, and which manufactures no more than 15,000 barrels of beer per calendar year. A microbrewery is an accessory use to a restaurant.

[Added 3-29-2016]

MINI-WAREHOUSE

A building designed to provide rental storage space in cubicles, where each cubicle has a maximum floor area of 400 square feet. Each cubicle shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods.

MOBILE HOME

A structure, transportable in one section, which, in the traveling mode, is eight body feet or more in width or 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 single-family dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein, and classified under §§ 58.1-3503 and 58.1-3521, Code of Virginia 1950, as amended, for taxation purposes. An industrialized building unit, as defined under § 36-71.1, Code of Virginia 1950, as amended, is not a mobile home.

MOBILE HOME, DOUBLE-WIDE

A mobile home built in two sections on a permanent or removable chassis and which, when erected on site, has its tongue, wheels and axles removed; is affixed to a permanent perimeter foundation or skirt; is attached to water and sewer as required by the Virginia Department of Health; and must meet all other requirements of a single-family dwelling.

MOBILE HOME LOT

A parcel of land within boundaries of a mobile home park provided for the placement of a single or double-wide mobile home and the exclusive use of its occupants.

MOBILE HOME PARK

A parcel of land under single common ownership or which is operated as a business engaged in providing a place for manufactured homes, upon which three (3) or more mobile homes are located on a continual, non-transient living or sleeping purposes, non-recreational, basis together with any structure, equipment, road or other facility intended for use incidental to the occupancy of the mobile homes, but shall not include premises used solely for storage or display of uninhabited mobile homes or premises occupied solely by a land owner and members of his/her family.

MODEL SALES HOME

A dwelling, dwelling unit, or other marketable unit of a new development that is used for real estate sales or leasing activities associated with the development pending construction of the development and the initial sales of homes or units in the development. (Land Use Category: Retail Sales).

MODULAR HOME

A dwelling unit constructed on site in accordance with the Virginia Uniform Statewide Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. See also “dwelling, single-family.”

MOTION PICTURE THEATER

A building or part of a building devoted to showing motion pictures. Use may include an open lot or part of an open lot with auxiliary facilities primarily for showing motion pictures on a paid admission basis to patrons. (Land Use Category: Commercial Indoor Entertainment).

MOTORSPORTS PARK

A facility, primarily outdoors and open to the public, for a fee, designed for motor vehicle sporting activities. This includes automobiles, trucks, go-carts, motorcycles, tractors, dirt bikes, all-terrain vehicles (ATV) and similar vehicle types. (Land Use Category: Commercial Outdoor Entertainment).

MUSEUM

A building serving as a repository for a collection of natural, scientific, historical, or literary curiosities or works of art, and arranged, intended and designed to be used by members of the public for viewing, with or without and admission charge, and may include as an accessory use in the limited retail sale of goods, services, or products to the public. (Land Use Category: Cultural Services).

NATURAL DISASTER

Any event in which damage to a use or structure is caused by flooding, wind, hail, lightning strike, tornado damage, explosion, falling trees, or falling tree limbs.

NATURAL RESOURCE

Includes soil, sand, gravel, stone or other mineral (other than oil and gas) naturally formed on or beneath the surface of the earth.

NATURAL WATERCOURSE

Any natural stream, river, creek, waterway, gully, or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed, and banks.

NIGHTCLUB

A place of entertainment offering alcoholic beverages for consumption on the premises that may also provide on-site entertainment in the form of live performances, dancing, billiards, comedic performances, or other entertainment activities. This use does not include Adult Entertainment uses. (Land Use Category: Dance Hall).

NONCONFORMING LOT

An otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located either at the effective date of this chapter or as a result of subsequent amendments to the chapter.

NONCONFORMING STRUCTURE

An otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage or other area regulations of this chapter or that is designed or intended for a use that does not conform to the use regulations of this chapter for the district in which it is located either at the effective date of this chapter or as a result of subsequent amendments of the chapter.

NONCONFORMING USE

The otherwise legal use of a building or of a tract of land that does not conform to the use regulations of this chapter for the district in which it is located either at the effective date of this chapter or as a result of subsequent amendments to this chapter.

NONCONFORMITY

A nonconforming use, structure, lot of record, sign, or site feature.

NONPUBLIC WATER SYSTEM

A water system which, as a general rule, does not provide water to the public for drinking or does not meet the requirements for a public water system; or a well used for obtaining water for drinking or domestic use located on an individual lot for the purpose of serving the main dwelling on said lot, with any new well to be at least a Class III-A drilled well as approved by the Health Department.

NONRESIDENTIAL USE

A building or structure not used for residential purposes.

NONRURAL USE

The use of land, buildings, or structures for other than a rural use.

NOT-FOR-PROFIT

An organization or activity which has obtained nontaxable status from the United States Internal Revenue Service.

NOTICE OF VIOLATION

A notice indicating a violation of the Zoning Ordinance.

NURSING HOME

A place devoted primarily to the maintenance and operation of facilities for the treatment and care of any person suffering from illness, diseases, deformities or injuries not requiring extensive and/or intensive care that is normally provided in a general hospital or other specialized hospital, and includes rest homes and convalescent homes.

NUTRIENT MANAGEMENT PLAN

A plan reviewed and approved by the Robert E. Lee Soil and Water Conservation District, the Virginia Cooperative Extension Service or other appropriate agency that provides for the use and/or disposal of livestock or poultry nutrients from the operation.

OFFICE, GENERAL

Use of a site for business, professional, or administrative offices, excluding medical offices. Typical uses include real estate, insurance, management, travel or other business offices; organization and association offices; or law, architectural, engineering, accounting, or other professional offices.

OFFICE, MEDICAL

Use of a site for facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance service. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia.

OFFICE PARK

A development that contains more than one separate office building, along with supporting uses, and/or open space, all of which are designed, planned, constructed and managed on an integrated and coordinated basis.(Land Use Category: General Office)

OFF-STREET PARKING AREA

Space provided for vehicular parking outside the dedicated street right-of-way.

ON-SITE SEWERAGE SYSTEM (SEPTIC TANK SYSTEM)

A sewerage system designed not to result in a point-source discharge, including individual septic tanks used by the main dwelling on an individual lot, and approved by the Health Department.

OPEN AREA

The portion of a lot not used for buildings, structures, parking, loading, or streets, which may be set aside for landscaping and/or recreation.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; a yard area which is not used for or occupied by a driveway, off-street parking, loading space, or refuse storage space. Open space may include recreation centers, swimming pools, tennis and basketball courts, and similar outdoor recreational facilities.

OPEN SPACE, COMMON

Land within or related to a development, not individually owned or dedicated for public use, which is intended for the common use or enjoyment of the residents of the development and may include such complementary structures as are necessary and appropriate. Open space may include recreation centers, swimming pools, tennis and basketball courts, and similar outdoor recreational facilities.

OPERATOR

The person or entity responsible for the overall operation and management of a solar energy facility (farm), if different from the facility owner.

ORDINARY MAINTENANCE AND REPAIRS

Work performed on a building or structure to correct any deterioration or decay of, or damage to, the building or structure, or any part thereof, and restore the building or structure as nearly as practical to its condition prior to deterioration, decay or damage.

OUTDOOR DISPLAY AND SALE OF MERCHANDISE

The placement of products or materials for sale outside the entrance of a retail or wholesale establishment. Use is permitted as an accessory or ancillary use to the primary retail or wholesale sales use.

OUTDOOR GATHERINGS

Any temporary organized gathering expected to attract 500 or more people at one time in open spaces outside of an enclosed structure. Included in this use type would be music festivals, church revivals, carnivals and fairs, and similar transient amusement and recreational activities not otherwise listed in this ordinance. Such activities held in public parks or on public school property shall not be included within this use type.

OUTDOOR SEASONAL SALES

A temporary outdoor business enterprise that is conducted primarily outside and offers items for retail sale during a relatively short peak season. Examples include Christmas trees, pumpkins, produce, flowers, and fireworks. (Land Use Category: Temporary Use).

OUTDOOR STORAGE

The keeping, in other than a building, of any goods, materials, or merchandise on the same parcel for more than 24 consecutive hours.

OWNER

Any person, agent, firm or corporation having a legal or equitable interest in the property.

PARCEL OF LAND

Any quantity of land capable of being described with such definiteness that its location and boundaries may be established which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

PARENT TRACT

Any lot or parcel of land which was lawfully recorded by plat of subdivision and/or deed(s) in the office of the Clerk of the Court of Appomattox County prior to August 22, 1988.

PARK OR GREENWAY

Land used for recreation, exercise, sports, education, rehabilitation, or similar activities or land intended for the enjoyment of natural features or natural beauty. A greenway is typically a linear park that links various parts of the community with bicycle and pedestrian facilities or paths.

PARK-AND-RIDE FACILITY

A publicly owned short-term parking facility for commuters.

PARKING FACILITY, SURFACE/STRUCTURE

Use of a site for surface parking or a parking structure unrelated to a specific use which provides one or more parking spaces, together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas and similar features, meeting the requirements established by this chapter. This use type shall not include parking facilities accessory to a permitted principal use.

PATIO

A level surfaced area directly adjacent to a principal building which has an average elevation of not more than 30 inches from finished grade, and without walls or a roof. A patio may be constructed of any materials.

PAWN SHOP

A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property.

PERMIT

A document issued by the Appomattox County Department of Community Development and/or Office of Building Inspections allowing a person to begin an activity provided for in this chapter.

PERMITTED USE

A use of the land which is allowed by right in the zoning district in which the land is situated.

PERSON

Any individual, corporation, government agency, business trust, partnership, two or more persons having joint interest, or any other legal entity.

PERSONAL IMPROVEMENT SERVICES

Establishments primarily engaged in the provision of informational, instructional, personal improvement, and similar services. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, and handicraft and hobby instruction.

PERSONAL SERVICES

Establishments or places of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops, grooming of pets, seamstresses, tailors, or shoe repairs, florists, and laundromats and dry-cleaning stations serving individuals and households.

PLACE OF WORSHIP

A building or structure, together with its accessory buildings and uses, where people regularly assemble to conduct religious worship, ceremonies, rituals, and education. Examples include chapels, churches, mosques, shrines, synagogues, tabernacles, temples, and other similar religious places of assembly. (Land Use Category: Religious Assembly).

PLANNED UNIT DEVELOPMENT

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

PLAT

The schematic representative of land divided or to be divided.

POLLUTANT or POLLUTION

Any material that causes the alteration of the physical, chemical or biological properties of any state waters, public or private water supplies, land or air in a manner that:

A. Is harmful or detrimental or injurious to the public health, safety or welfare, or the health of animals, fish or aquatic life; or

B. Renders a water supply unsuitable with reasonable treatment for use as present or possible future sources of public water supply or unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses.

PORCH

A roofed open area, which may be glazed or screened, usually attached to or part of, and with direct access to or from, a building.

POST OFFICE

Postal services directly available to the consumer operated by the United States Postal Service.

POULTRY

Includes all domestic or domesticated poultry animals, including, but not limited to, hens, broilers, and turkeys.

PRESCRIPTIVE EASEMENT

An easement granted by the Virginia Department of Transportation for the construction and maintenance of public roads owned by said Department.

PRESIDING OFFICER

A person appointed by the commission or board to preside at public meetings or hearings.

PRINCIPAL BUILDING OR STRUCTURE

A building or structure in which the primary use of the lot on which the building is located is conducted.

PRINCIPAL USE

The main use of land or structures, as distinguished from a secondary or accessory use.

PRINTING OR OTHER SIMILAR REPRODUCTION FACILITY

A commercial establishment primarily engaged in lithographic (offset), gravure, flexographic, screen, quick, digital, or other method of printing or reproduction of stock materials on a job order basis.

PROFESSIONAL OFFICE

An office for the conduct of a professional use by persons generally engaged in rendering personal, executive, sales or administrative services or activities, including law, medicine, theology, architecture, accounting, engineering, insurance, real estate, stockbrokers and administrative agencies considered professional in character. The term, however, does not include repair or sales of tangible personal property stored or located within the structure nor any use which would create any loud noises or noxious odors.

PROFFER

An offer or proposal which the property owner, or his agents, commits himself to as additional requirements or restrictions on his property.

PUBLIC ASSEMBLY/USE

Facilities owned and operated by a public or quasi-public agency accommodating public assembly for sports, amusement, or entertainment purposes. Typical uses include auditoriums, sports stadiums, convention facilities, fairgrounds, and incidental sales and exhibition facilities.

PUBLIC BUILDING

A building owned or leased and occupied and used by an agency or political subdivision of the United States of America, the Commonwealth of Virginia or Appomattox County.

PUBLIC MAINTENANCE AND SERVICE FACILITIES

A facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities including street or sewer yards, equipment services centers, and similar uses having characteristics of commercial services or contracting or industrial activities.

PUBLIC PARKS AND RECREATIONAL AREAS

Publicly owned and operated parks, picnic areas, playgrounds, indoor or outdoor athletic facilities, game preserves, and open spaces.

PUBLIC SEWERAGE SYSTEM

A sewerage system owned and operated by the governing body or any sewerage system resulting in a point-source discharge and approved by the Health Department.

PUBLIC UTILITIES

Public service structures, such as power plant substations; waterlines and treatment plants or pumping stations; sewage disposal systems and treatment plants; or such similar operation, publicly or privately owned, furnishing electricity, gas, rail transport, communication or related services to the general public.

PUBLIC WATER SYSTEM

A water system owned and operated by the governing body; or any water system for drinking or domestic use, approved by the Health Department, that generally has at least 15 connections or provides water to an average of 25 individuals for at least 60 days out of the year.

QUARRYING OR SOIL EXTRACTION

An area used for the purpose of removing or extracting stone, rock, soil, or similar materials from an open excavation for financial gain and to be used for building or construction purposes. (Land Use Category: Resource Extraction).

RAILROAD FACILITIES

Railroad yards, equipment servicing facilities, and terminal facilities associated with the operation of a railroad system.

RAMADA

A structure erected over a mobile home for the purpose of providing shade or shelter.

RECREATIONAL SALES AND SERVICE

Retail sales of recreational vehicles and boats, including service and storage of vehicles and parts and related accessories.

RECREATIONAL VEHICLE

A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use. The term “recreational vehicle” does not include mobile homes.

RECREATIONAL VEHICLE PARKS

Facilities for recreational vehicles, pickup coaches, motor homes, camping trailers, other vehicular accommodations and tents suitable for temporary habitation and used for travel, vacation and recreation purposes.

RECYCLING CENTER

A receptacle or facility used for the collection and storage of recyclable materials designed and labeled for citizens to take voluntarily source separated materials for recycling.

RELIGIOUS ASSEMBLY

A use located in a permanent building and providing regular, organized religious worship and related incidental activities. It includes churches, synagogues, mosques, and ancillary uses such as worship centers, fellowship halls and pavilions/playgrounds associated with the primary use.

REPLACEMENT COST

The cost of restoring a damaged building or structure to its original condition. Replacement cost shall include reasonable estimates of the cost of materials and labor and shall be compared with the assessed value as determined by the County Assessor to determine the percentage of the cost of improvements.

REPAIR

The restoration to a good or sound condition of materials, systems and or components of a structure that are worn, deteriorated, or broken using materials or components identical to or similar to existing materials or components.

RESIDENT ENGINEER

The Resident Engineer for Appomattox County, Virginia, employed by the Virginia Department of Transportation, or his designated agent.

RESIDENTIAL USE

A building or part of a building containing dwelling units or rooming units, including single-family houses, multiple-family dwellings, mobile homes, boarding or rooming houses, dormitories, fraternity or sorority houses or apartment hotels, but not including monasteries, convents, transient accommodations, such as hotels, motels, tourist cabins or recreational vehicle parks, or that part of a mixed building used for any nonresidential use, except accessory to residential uses.

RESOURCE EXTRACTION

A use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil mining. Specifically excluded from this use type shall be grading and removal of dirt associated with an approved site development plan or subdivision, or excavations associated with, and for the improvement of, a bona fide agricultural use.

RESTAURANT

Any building in which, for compensation, food or beverage is dispensed to persons not residing on the premises, including, among other establishments, cafes, delicatessens, refreshment stands or drive-in facilities.

RESUBDIVISION

A professionally prepared drawing of the creation of new lots or parcels from existing lots or parcels on a subdivision plat recorded in the office of the Clerk of the Circuit Court.

RETAIL SALES

Sale or rental, with incidental service, of commonly used goods and merchandise for personal or household use, but excludes those classified more specifically by definition.

RETAIL STORES AND SHOPS

Buildings for the display and sale of merchandise at retail or for the rendering of professional services (but specifically exclusive of coal, wood and lumber yards), such as the following, which will serve as illustration only and are not to be considered exclusive: drugstore, newsstand, food store, candy shop, milk, dispensary, dry goods and notions store, antique store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barbershop, and beauty shop.

RETREAT/LODGE

A facility serving as a destination point similar to a hotel/motel and generally providing recreational facilities for persons on vacation. Buildings and structures are usually self-contained within a resort-like setting and serve to complement the scenic qualities of the lodge’s location.

REVISED PLAT

A professionally prepared drawing of changes to items (setback lines, easements, etc.) on an existing subdivision plat recorded in the office of the Clerk of the Circuit Court.

RIGHT-OF-WAY

Access over or across particularly described property for a specific purpose or purposes.

RIGHT-OF-WAY LINE

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

RIGHT-OF-WAY, STATE-OWNED

The right-of-way owned outright by the Virginia Department of Transportation on which public roads are constructed and maintained.

ROADSIDE STAND

A building or structure used for the retail sale of fruits, vegetables, flowers, herbs or plants grown on same parcel of land where the stand is located. Such use may also include accessory sales of other unprocessed foodstuffs, home processed food products such as jellies, jams, pickles, sauces, or baked goods and homemade crafts. No commercially packaged goods, handicrafts or foodstuffs shall be sold. Also see Wayside Stand.

ROOMING HOUSE

A building where, for compensation, lodging and meals are provided for at least five and up to 14 unrelated persons, where no cooking or dining facilities are provided in individual rooms, and in which the length of stay usually exceeds one week in duration.

SAFETY SERVICES, PRIVATE

Uses for the conduct of safety and emergency services for the primary benefit of the public, privately owned and operated, including emergency medical and ambulance services.

SAFETY SERVICES, PUBLIC

Uses for the conduct of safety and emergency services for the primary benefit of the public, publicly owned and operated or financially supported by the municipality, including police, fire protection and emergency medical and ambulance services.

SAWMILL, PERMANENT

A sawmill permanently located for the purpose of processing timber from the property on which it is located, from adjoining property or from other properties removed from the sawmill or its environs without regard to point of origination.

SAWMILL, TEMPORARY

A sawmill located on private property for a period not to exceed six months for the sole purpose of processing timber cut only from that property or from property immediately contiguous and adjacent thereto, or incidental processing of timber transported from other property.

SATELLITE DISH

A round or parabolic antenna and its supporting structure for the purposes of sending and/or receiving radio or electromagnetic signals. (Land Use Category: Accessory Structure).

SCHOOL, PRIVATE

Any building or group of buildings, the use of which meets state requirements for primary, secondary, or higher education and which use does not secure the major part of its funding from any governmental agency.

SCHOOLS, PUBLIC

The system of free public primary, elementary, and secondary schools established pursuant to § 22.1-2 of the Code of Virginia (1950), as amended.

SCRAP AND SALVAGE SERVICES

Places of business primarily engaged in the storage, sale, dismantling, or other processing of used or waste materials which are not intended for reuse in their original forms. Typical uses include paper and metal salvage yards, automotive wrecking yards, junkyards, used tire storage yards, or retail and/or wholesale sales of used automobile parts and supplies.

SCREENING

A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation. Screening is intended to obscure substantially, but not necessarily totally, visual impacts between adjoining uses.

SECOND DWELLING

Any building or portion thereof which is designed for and used for residential purposes as a single-family dwelling, additional to the primary single-family dwelling and is subject to meeting certain criteria outlined elsewhere in this ordinance.

SETBACK

The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.

SETBACK LINE

A line parallel to a street and extending the full width of the lot for a specified distance at all points from the street right-of-way line, and thus defining an area on which no building or structures or portions thereof may be constructed.

SHADOW/FLICKER

The visible shimmer effect when rotating turbine blades cast shaded areas on the ground and nearby structures causing a repeating pattern of light and shade.

SHIPPING CONTAINER

A standardized, reusable shipping vessel used in the transportation of freight and capable of being mounted on a rail car, or mounted to the chassis for movement by truck trailer or loaded on a ship. When placed on a parcel, unrelated to its natural use, and used for storage, whether privately or commercially, it shall be deemed an accessory structure. (Land Use Category: Accessory Structure).

SHOOTING RANGE, INDOOR/OUTDOOR

The use of land and/or a building for archery and/or the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as a turkey shoot. Excluded from this use type shall be general hunting and unstructured and nonrecurring discharging of firearms on private property with the property owner’s permission.

SHOPPING CENTER

A group of commercial establishments planned, constructed, and managed as a total entity with shared access, customer and employee parking provided on site, provision of goods delivery separated from customer access, aesthetic considerations, and protection from the elements.

SHORELINE

The area immediately adjacent to any state water, including lakes, pond and streams; more specifically, the line where open waters abut wetlands or fastlands during nonflood and nondrought periods.

SIGHT TRIANGLE

An area of unobstructed sight distance along the approaches of a street or driveway to an intersection.

SIGN

Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or marks, or combination thereof, by which anything is made known, such as the designation of an individual, a firm, an association, a profession, a public business, a commodity, or product, which are visible from any public way and used as an outdoor display.

SIGN, ANIMATED

A sign utilizing any form of movement, including, but not limited to, animation, revolution, or vertical or horizontal motion, whether electrical, mechanical, windblown, or through change in lighting. For the purposes of this chapter, electronic changeable-copy signs shall be considered as a changeable-copy sign.

SIGN AREA

A square, rectangle, triangle, circle, or other geometric configuration, encompassing the entire advertising area, excluding architectural trim and structural supports.

SIGN, ATTACHED

Any sign that is affixed directly to a wall, roof, canopy, awning, marquee, mansard wall, parapet wall, or porch of a building and the face of which is parallel to the building element to which it is attached. Attached signs have only one face visible from the public right-of-way. Also referred to as a building mounted sign.

SIGN, AWNING

A type of attached sign painted on, printed on, or otherwise affixed to the surface of an awning.

SIGN, BANNER

A sign applied to cloth, paper, flexible plastic, or fabric of any kind and generally intended to be displayed on a temporary basis.

SIGN, BUSINESS

A sign which directs attention to a profession or business conducted, or to a commodity, service activity or entertainment sold or offered, upon the premises where the sign is located or in the building to which the sign is affixed.

SIGN, CHANGEABLE-COPY

A sign or part of a sign that is designed so that characters, letters, or illustrations can be changed or rearranged.

SIGN, COMMERCIAL

A sign informing or advertising products or activities for sale or profit.

SIGN, CONSTRUCTION

A temporary sign identifying an architect, developer, builder, general contractor, subcontractor, material supplier, and or financing entity participating in construction on the property on which the sign is located.

SIGN, DIRECTIONAL

Any sign displayed for the direction and convenience of the public, including signs which identify restrooms, location of public telephones, public entrances, freight entrances, or the like.

SIGN, DOUBLE-FACED

A sign with two parallel, or nearly parallel, faces, back to back, and located no more than 24 inches from each other.

SIGN, FLASHING

An illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.

SIGN, FREESTANDING

A sign which is supported by structures or supports in or upon the ground and is independent of any support from any building.

SIGN, GATEWAY

A freestanding sign located at or near the entrance to a local jurisdiction. Such sign shall be restricted to the identification of the local jurisdiction, notification of civic, social, or service organizations and items of public interest.

SIGN HEIGHT

The vertical distance measured from grade to the highest portion of the sign or sign structure.

SIGN, HISTORIC SITE

A sign erected and maintained by a public agency or nonprofit historical society that identifies the location of and provides information about a historic place or event.

SIGN, HOME OCCUPATION

A sign associated with home occupation uses as provided for elsewhere in this chapter.

SIGN, IDENTIFICATION

A permanent on-premises sign displaying only the name of a subdivision, multifamily housing development, shopping center, industrial park, office park, church, school, public or quasi-public facility, or similar type use.

SIGN, ILLUMINATED

Any sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

SIGN, MONUMENT

A freestanding sign directly affixed to a structure built on grade, in which the sign and the structure are an integral part of one another.

SIGN, OBSOLETE

Any sign which advertises a business, use, service, or activity that once occurred but is no longer occurring on the property in which the sign is located.

SIGN, OFF-PREMISES

A sign, either freestanding or attached to a building, for the purpose of conveying information, knowledge, or ideas to the public about a subject not specific to the premises upon which it is located; any sign which directs attention to a message or business, commodity, activity, service, or product not conducted, sold, or offered upon the premises where the sign is located. These signs may also be known as “location signs,” “billboards,” “outdoor advertising signs,” or “general advertising signs.”

SIGN, ON-PREMISES

Any sign which directs attention to a business, commodity, activity, service, or product conducted, sold, or offered upon the premises where the sign is located. On-premises signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

SIGN, POLITICAL CAMPAIGN

A sign relating to the election of a person to public office, or a political party, or a matter to be voted upon at an election called by a duly constituted public body.

SIGN, PORTABLE

A freestanding temporary sign that is designed to be moved easily and is not permanently affixed to the ground.

SIGN, PROJECTING

A sign that is affixed directly to a wall, roof, canopy, awning, marquee, mansard wall, parapet wall, or porch of a building and the face of which is roughly perpendicular to the building element to which it is attached.

SIGN, PUBLIC SERVICE

A sign advertising only the name, time, and place of any bona fide fair, carnival, festival, bazaar, horse show, or similar event when conducted by or for the benefit of any civic, religious, educational, or charitable cause, provided the sign shall be displayed no longer than 21 days per calendar year.

SIGN, REAL ESTATE

A temporary sign which advertises the sale, lease, rental, or display of the lot or building upon which such sign is displayed.

SIGN, ROOF

A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the highest point of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof or the deckline of a building with a mansard roof.

SIGN SETBACK

The minimum distance required between any property line and any portion of a sign or sign structure.

SIGN STRUCTURE

The supports, uprights, bracing, or framework of any structure exhibiting a sign, be it a single-faced, double-faced, V-type, or otherwise.

SIGN, SUSPENDED

A sign that is suspended from a wall, roof, canopy, awning, marquee, mansard wall, parapet wall, or the porch of a building by means of brackets, hooks, or chains, and the like, and the face of which is roughly perpendicular or parallel to the building element to which it is attached.

SIGN, TEMPORARY

Any sign, banner, pennant, valance, or advertising display applying to a seasonal or brief activity, constructed of cloth, canvas, light fabric, cardboard, wallboard, or other materials with or without frames, intended to be displayed for a period of not more than 30 days. For the purposes of these regulations, on-premises real estate signs and signs displayed on active construction projects shall be considered temporary when displayed in accordance with § 19.6-88 et seq. herein.

SIGN, UNIFIED

A freestanding sign used to identify multiple business uses within a shopping center, office park, business park, or industrial park.

SIGN, WALL

A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign, which does not project for more than 12 inches from such building or structure.

SIGN, WINDOW

A sign painted onto or physically affixed to a building window, including upper-floor windows and the glazing of doors, or signs legible from any vehicular public right-of-way through a building window.

STABLE, COMMERCIAL

The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and his/her nonpaying guests. Included in this definition are riding academies.

STABLE, PRIVATE

The keeping, breeding, or raising of horses or ponies exclusively for the personal use and enjoyment of the owner or occupant of the property or the riding of horses or ponies by the owner or occupant of the property and his/her guests.

STOOP

A platform, without a roof, located at the entrance of a building, with sufficient area to facilitate the ingress and egress to the building.

STOP WORK ORDER

An order issued by the Zoning Administrator or Building Official that directs the person responsible for a development activity or other act in violation of this Ordinance to cease and desist such activity or act.

STORAGE OF SEWAGE SLUDGE

Any facility or lot used for the disposal of solid waste materials by abandonment, discarding, dumping, burial, incineration or any other means or the transfer of solid waste materials from collection vehicles to hauling vehicles, including but not limited to trucks, trains, and tandem trailers, for transport to a central solid waste management facility for disposal or resource recovery. This definition does not include typical solid waste bins used in the operation of commercial, retail, restaurants, shopping centers, motel/hotels, or similar uses and does not include recycling bins.

[Added 3-29-2016]

STORY

That portion of a building included between the surface of any floor and the floor next above it or, if there is not a floor above it, then the space between the floor and the ceiling above it.

STREAM

Any flowing body of water defined on the USGA 7.5-minute topographic quadrangle maps with a solid blue line.

STREET

A strip of land comprising the entire area within the right-of-way intended for possible use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The word “street” includes road, thoroughfare, parkway, avenue, lane, boulevard, expressway, highway, place, throughway, square, alley or however designated with the above-mentioned right-of-way.

STREET CENTER LINE

A line generally parallel to the right-of-way lines that equally divides the street right-of-way.

STREET GRADE

The top of the streets roadway at its centerline.

STREET, PRIVATE

Any road, street, highway, or other means of vehicular access to a parcel of land, not dedicated or intended for public use.

STREET, PUBLIC

A strip of land comprising of the entire area within the right-of-way intended for public use as a means of vehicular and pedestrian circulation to provide access to more than one lot and which is presently a portion of the Department of Transportation’s street and road system, or is a proposed addition to the Department of Transportation’s street and road system, in which case the improvement of which shall meet the construction standards of the State Department of Transportation.

STRUCTURE

Anything that is assembled or erected with a fixed location on the ground or attached to something having a fixed location on the ground, including, but not limited to, buildings, signs, manufactured homes and swimming pools. Walls and fences shall not be deemed structures except as otherwise specifically provided in this chapter.

STRUCTURE HEIGHT

The vertical distance from the average elevation of the existing finished grade of a structure at the font of the structure to the top of the roof for a flat roof, to the deck line for a mansard roof, or the mean height between the eaves and ridge for a gable, hip cone, gambrel or shed roof.

STUDIO, FINE ARTS

A building, or portion thereof, uses as a place of work by a sculptor, artist, or photographer.

SUBDIVIDER

An individual, corporation, trustee, joint venture, partnership, or other entity, having legal or equitable title to any tract or parcel of land to be developed, who submits a plan pursuant to this chapter.

SUBDIVISION

Any change or rearrangement in the boundaries or division lines of any lot, parcel, piece, or tract of land, or the division of such lot, parcel, piece, or tract of land into two or more parts, pieces, tracts of land or lots.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions or any alteration of an historic structure, provided that the alteration will not preclude the structure’s continued designated as an historic structure.

SURPLUS SALES

Businesses engaged in the sale of used or new items, involving regular or periodic outdoor display of merchandise for sale. Typical uses include factory outlets or discount businesses with outdoor display.

SURVEYOR

A person licensed by the Commonwealth of Virginia to survey land.

SWIMMING POOL, SPA, OR HOT TUB

An above or below ground structure that is filled with water and used for swimming or soaking, relaxation, massage, or hydrotherapy.

SWINE

Includes all porcine animals, including, but not limited to, swine, hogs, finishing or slaughter hogs, pigs, feeder pigs, piglets, etc. For the purposes of this chapter, the term “piglet” shall include swine weighing under 55 pounds, and the term “finishing hog” shall include swine weighing more than 55 pounds.

TATTOO OR BODY PIERCING ESTABLISHMENT

An establishment whose principle business activity is to practice one or more of the following: 1). Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person or (2) using ink or other substances that result in the permanent coloration or alteration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. (Land Use Category: Personal Services).

TAXIDERMY SHOP

A business for the preparation, stuffing, and mounting of animal skins. (Land Use Category: Retail Sales).

TELEVISION OR RADIO ANTENNA

An omnidirectional antenna tuned to the broadcast frequency assigned to television or commercial radio. Does not include Amateur radio antenna or satellite dish. (Land Use Category: Wireless Communication Facility).

TEMPORARY BUSINESS

A commercial use established on a short-term basis at a particular location, usually for less than 30 days.

TEMPORARY FAMILY HEALTH CARE STRUCTURE

A transportable residential structure, providing an environment facilitating a caregiver’s provision of care for a mentally or physically impaired person as prescribed by Code of Virginia §15.2-2292.1 et seq. (Land Use Category: Accessory Structure).

TEMPORARY USE

Any commercial use which is conducted for a period not exceeding thirty (30) consecutive days and which is not re-established within a period of ninety (90) days.

THEATER, INDOOR

A building designed and/or used primarily for the commercial exhibition of motion pictures to the general public or used for performance of displays, acts or dramas by actors and/or actresses.

THEATER, OUTDOOR

An area not to exceed five acres containing a screen projection booth, refreshment stand, parking spaces and sound-transmission devices to individual parking spaces only for the purpose of commercial exhibition of motion pictures.

TIMBER HARVESTING

The commercial cutting of timber.

TOURIST HOME

A dwelling where, for compensation, lodging and breakfast only are provided for up to 10 transient persons unrelated to the operator/owner, where no cooking or dining facilities are provided in individual rooms.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more telecommunications facilities, including self-supporting lattice towers, guy towers, or monopole towers. The term includes, but is not limited to, personal communications service towers, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, directional antennas, such as panel(s), microwave and satellite dishes, and omnidirectional antennas, such as whip antennas, and alternative tower structures. See “wireless communications facility.”

TOWER, CO-LOCATION

The location of telecommunications facilities of more than one commercial wireless communications service provider or governmental entity on a single tower or alternative tower structure.

TOWER HEIGHT

When referring to a tower, the distance measured from ground level to the highest point on the tower, even if said highest point is a telecommunications facility.

TOWER SERVICE PROVIDER

Any person or corporation that provides telephonic, radio, television, or other wireless communications.

TOWER SITE

The area encompassing a tower and all supporting equipment, structures, paved or graveled areas, fencing, and other items used in conjunction with said tower.

TOWER, STEALTH DESIGN

Any tower design that seeks to camouflage or conceal the tower within its proposed surroundings, e.g., towers designed to appear as trees, clock towers, bell steeples, utility poles or the like, or telecommunications facilities mounted with alternative design mounting structures that demonstrate stealth design elements.

TOWNHOUSE

A grouping of three or more attached single-family dwellings in a row, in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common walls.

TOWNHOUSE LOT

A lot upon which a townhouse is or is to be erected.

TRANSFER STATION

Any storage or collection facility which is operated as a relay point for solid waste which ultimately is to be transferred to a landfill or other disposal site.

TRANSPORTATION TERMINAL

A facility for loading, unloading, and interchange of passengers, baggage, and incidental freight or package express between modes of ground transportation, including bus terminals, railroad stations, and public transit facilities.

TRUCK STOP

An establishment containing a mixture of uses which cater to the traveling public and in particular motor freight operators. A truck stop might include such uses as fuel pumps, restaurants, overnight accommodations, retail sales related to the motor freight industry and similar uses.

TRUCK TERMINAL

A facility for the receipt, transfer, short-term storage, and dispatching of goods transported by truck, primarily for commercial purposes rather than as an activity incidental to another purpose. Included in this use type would be express and other mail and package distribution facilities, including such facilities operated by the United States Postal Service.

TURKEY SHOOT

A shooting match or similar activity conducted by a non-profit organization, non-commercial, or community service organization involving the discharge of firearms at a target or targets with the object of such activity being to determine a winner of a prize, such as a turkey, ham or other prize. (Land Use Category: Temporary Use).

USE

The principal purpose for which a lot or the main building thereon is designed, arranged or intended and for which it is or may be used, occupied or maintained.

USE BY RIGHT

See “permitted use.”

USE, TEMPORARY

Any commercial use which is conducted for a period not exceeding 30 consecutive days and which is not reestablished within a period of 90 days.

UTILITY SERVICES

Services of a regional nature which normally entail the construction of new buildings or structures, such as generating plants and sources, electrical switching facilities and stations and substations, community water treatment plants, community wastewater treatment plants, and similar facilities. Included in this definition are also electric, gas, and other utility transmission lines of a regional nature which are not otherwise reviewed and approved by the Virginia State Corporation Commission.

VARIANCE

A reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning.

VDOT

The Virginia Department of Transportation.

VEGETATION

Any object of natural floral growth.

VEGETATIVE BUFFER

Perennial vegetation established or left undisturbed adjacent to the shoreline of a watercourse, intended to filter out sediment and other non-point-source pollutants from runoff before it reaches a watercourse; also includes vegetation along property lines.

VETERINARY HOSPITAL/CLINIC

Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short-term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel.

VOCATIONAL OR TRADE SCHOOL

A public or private school offering vocational or trade instruction to students in subjects such as electrical, plumbing, brick laying, computer science, HVAC, etc. (Land Use Category: Educational Facility, Primary/Secondary).

WAREHOUSING AND DISTRIBUTION

A facility, the uses of which include storage, warehousing, and distribution of goods within enclosed structures, or outdoors, primarily for commercial purposes rather than as an activity incidental to another purpose. Typical uses include wholesale distributors, storage warehouses, and moving and storage firms.

WATER, STATE

All waters on the surface and under the ground wholly or partially within or bordering the Commonwealth of Virginia or within its jurisdiction.

WATER SYSTEM, PRIVATE

A system of distribution of potable water from the source of supply to the consumer. The term may include, but is not limited to, sources, collection, treatment, and storage of water.

WATERCOURSE

A lake, river, creek, stream, wash, channel, or other topographic feature on or over which water flows at least periodically.

WAYSIDE STAND

An establishment for the seasonal retail sale of agricultural goods and merchandise primarily produced by the operator on the site, or on property owned by the operator elsewhere in the County. The stand is a building or structure located within 100 feet of a street or road for the sole purpose of selling agricultural or horticultural products grown within the County.

WETLANDS

Areas inundated or saturated by surface water or groundwater at a frequency or duration sufficient to support a prevalence of vegetation typically adopted for life in saturated soil conditions. Examples include swamps, marshes, bogs, and similar areas.

WILD ANIMAL

Any animal(s) that are found in the wild, or in a wild state, within the boundaries of the United States, its territories or possessions.

WIND ENERGY SYSTEM

Includes all equipment, machinery, and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, transmission, storage, collection, and supply equipment, substations, transformers, service and access roads, and one or more wind turbines. Such system produces no greater than 20 kW of electrical power and is to be used primarily for on-site consumption.

WIND FARM

A parcel of land on which three or more wind turbines are sited for the purpose of electricity generation.

WIND TURBINE

A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.

WINERY

The manufacturing, bottling, and sale of products grown and harvested from a vineyard or orchard. Commercial uses such as gift shops and restaurants associated with the winery shall be allowed as ancillary uses.

WIRELESS COMMUNICATIONS FACILITY (WCF)

A facility generally designed to provide or facilitate a link in a wireless communications system serving a specific area or region, typically consisting of any or all of the following: antenna arrays, microwave dishes, tower or monopole structures, and equipment structures.

WOODWORKING SHOP

An establishment primarily engaged in millwork and other manufacturing of wood products, such as windows, doors, moldings, or flooring. (Land Use Category: Custom Manufacturing).

YARD

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

YARD, BUFFER

A yard improved with screening and landscaping materials required between abutting zoning districts of differing intensities or between adjoining land uses for the purpose of decreasing the adverse impact of differing uses and districts.

YARD, FRONT

An open, unoccupied space on the same lot with the main structure extended the full width of the lot and situated between the right-of-way line and the front line of the structure projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the structure and the right-of-way line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main structure and shall not project into a required front yard. On corner lots, the “front yard” shall be considered as parallel to the street upon which the lot has its least dimension.

YARD, REAR

An open space on the same lot with the main structure, such space being unoccupied except possibly by an accessory building and extending the full width of the lot and situated between the rear line of the lot and the rear line of the main structure projected to the side lines of the lot. On all corner lots, the “rear yard” shall be at the opposite end of the front yard.

YARD, REQUIRED

The area within a lot extending inward from the front, side, or rear lot lines for the minimum yard depth applicable in the zoning district in which the lot is located and that is required to remain unoccupied and unobstructed from the ground upward.

YARD SALE

The sale of used items for residential use. The sale of these items can take place in an accessory structure but mainly take place outside.

YARD, SIDE

An open, unoccupied space on the same lot with a main structure, situated between the side line of the structure and the adjacent side line of the lot, extending from the rear line of the front yard to the rear yard. If no front yard is required, the front boundary of the side yard shall be the front line of the lot; and if no rear yard is required, the rear boundary of the side yard shall be the rear line of the lot. On the corner lots, the “side yard” shall be considered as parallel to the street upon which the lot has its greatest dimension.

ZONE

Any portion of the territory of the County, exclusive of streets, roads, alleys, and other public ways, within which certain uses of land, premises, and buildings are regulated differently or specifically and within which certain yards and open spaces are required and certain height limits are established for buildings or structures.

ZONING DISTRICT

An area delineated on the Official Zoning Map, which a prescribed set of development standards apply to various types of development.

ZONING DISTRICT, OVERLAY

A zoning district superimposed over one or more underlying zoning districts that imposes additional standards and regulations.

ZONING MAP

The Official Zoning District Map for Appomattox County.

(Ordinance of 10-19-2020, 10-17-2022)

§ 19.6-13 Relationship to private agreements.

This chapter is not intended to abrogate, annul or otherwise interfere with any easement, covenant or other private agreement or legal relationship; provided, however, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such private agreements or legal relationships, the regulations of this chapter shall govern. The County does not enforce private agreements, covenants, or other legal relationships.

§ 19.6-14 Zoning of annexed land.

Any land that is annexed from the County into an incorporated town or that is reverted to the County from an incorporated town shall be regulated in accord with the terms of the annexation or reversion agreement that establishes such change in governance.

§ 19.6-15 Effect of chapter on existing plans, permits, and lots.

Nothing contained in this chapter shall require any change in the plans or construction of any building or structure for which a building permit was granted prior to the effective date of this chapter. If construction is discontinued for a period of six months, further construction shall be in conformity with the provisions of this chapter for the district in which the activity is located.

§ 19.6-16 Effect of chapter on existing districts.

On the effective date of this chapter, the previously existing Appomattox County Zoning Ordinance is hereby repealed, and this chapter replaces it in its entirety. Further, all property in Appomattox County shall retain the zoning district classification as named under the previous Zoning Ordinance except as amended and otherwise provided by this chapter.

§ 19.6-17 Calculation of density.

A. Calculations of development density, including lot, lot area, parent tract, net and gross floor density for residential development, floor area ratio for nonresidential development density, and other such terms shall be made in accord with the formulas provided within the definitions of those terms in this chapter.

B. Calculations of allowable floor area ratio shall be based upon the floor area ratio as established by the zoning district in effect for the site at the time a site development plan for the lot is officially accepted for review by the County.

§ 19.6-18 Multiple dwellings on single lot.

Except where provided by this chapter, or by conditional use permit, no more than one dwelling unit, whether a single-family dwelling or manufactured home, may be erected on a single lot.

A. One additional structure may be permitted as a single-family dwelling on the same lot or parcel of land as that of the main dwelling, provided that the parcel is zoned A-1 Agricultural Zoning District or R-2 Medium-Density Zoning District and the following requirements are met:

(1) A statement of nonobjection must be provided, signed by all adjacent property owners and/or residents.

(2) If a petitioner fails to obtain a statement of nonobjection from all adjacent property owners and/or residents, then the petitioner has the option to petition the Board of Supervisors through the conditional use permit process.

(3) Lot requirements.

(a) Legal conforming lots for second dwellings must contain sufficient lot area, lot width, lot coverage, and must meet minimum yard requirements so that if the lot is ever divided into two lots, no nonconforming lot or building is created.

(b) A second dwelling must have access to a public street by means of a passageway open to the sky at least 15 feet in width.

(c) Well and septic systems. Applicants for second dwellings must receive Health Department approval for a well and septic system prior to receiving zoning approval. Each dwelling on a lot must be served by individual well and septic systems. Wells may be shared by the two dwellings with Health Department approval.

B. Prohibitions on third dwellings. Three or more single-family dwelling units on a single lot are not permitted in Appomattox County in any zoning district.

§ 19.6-19 Access to structures.

All structures requiring a building permit shall be erected on lots which have frontage on a public road, or access to a public road by a private road or access easement if otherwise provided for herein, or as provided for in the Subdivision Ordinance, so as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

§ 19.6-20 Schedule of fees.

The Board of Supervisors shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of zoning compliance, applications, appeals, and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Administrator and may be altered or amended only by the governing body. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

§ 19.6-21 Provisions are minimum requirements.

The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

§ 19.6-22 Uses not specified are not permitted.

A. Subject to the Zoning Administrator’s interpretive powers as provided for herein, no uses are permitted unless included in the lists of permitted uses, whether by right or by conditional use, in a district.

B. Uses other than those allowed in a particular district may be added to a district only upon adoption of a text amendment approved by the Board of Supervisors, pursuant to the procedures set forth herein.

§ 19.6-23 Interpretation of terms and definitions.

For the purpose of this chapter, certain words and terms are to be interpreted as set forth in the definitions portion of this chapter. In case of a dispute over the meaning of a word, phrase, or sentence, whether defined in this chapter or not, the Zoning Administrator is hereby authorized to make a definitive determination thereof, being guided in such determination by the purposes and intent of this chapter, provided that an appeal may be taken from any such determination as provided herein.

§ 19.6-24 Zoning Map and district boundaries.

A. Zoning districts and Zoning Map.

(1) The County is hereby divided into zones, or districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

(2) The Official Zoning Map shall be comprised of a complete set of official Appomattox County Tax Maps, color-coded to reflect the zoning classification of each and every parcel of land in Appomattox County. The Board of Supervisors may, by its formal action, adopt a new graphic format for the Official Zoning Map, as long as the map shows every parcel of land in the County and accurately represents the zoning districts as set forth on the original Zoning Map at the time the new graphic version is created.

(3) The Official Zoning Map shall be identified by the signature of the Chairman of the Board of Supervisors attested by the Clerk under the following words: “This is to certify that this is the Official Zoning Map referred to in the Zoning Ordinance of Appomattox County, Virginia.” This statement shall be provided along with the signatures and the date of adoption of this chapter and any subsequent amendments to the map adopted by the Board of Supervisors.

(4) If, in accordance with the provisions of this chapter and the Code of Virginia (1950), as amended, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the Board of Supervisors with an entry on the Official Zoning Map as follows: “On (date), upon action by the Board of Supervisors, the following change(s), were made to the Official Zoning Map: (brief description of change),” which entry shall be signed and attested by the Zoning Administrator. No amendment of this chapter which involves matter portrayed on the Official Zoning Map shall become effective until after such change has been made on said map.

(5) No changes of any nature shall be made on the Official Zoning Map or items shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized changes of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided in this chapter.

(6) Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the office of the Zoning Administrator shall be the final authority as to the current zoning status of land and water area, buildings, and other structures in the County.

B. Replacement of the Official Zoning Map.

(1) In the event that the Official Zoning Map becomes damaged, lost, or difficult to interpret because of the nature or number of changes and additions, the Board of Supervisors may, by resolution, adopt a new Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the same statement and signatures as outlined previously.

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

C. District boundaries.

(1) The boundaries of these districts are hereby established as shown on the Official Zoning Map of Appomattox County, on file in the office of the Zoning Administrator.

(2) Where uncertainty exists as to the boundaries of any district as shown on the Official Zoning Map, the following rules shall apply:

(a) Boundaries, wherever, possible, are deemed to follow the center lines of highways, streets, alleys, railroad lines, streams, and rivers, or plotted lines, and Town limits.

(b) Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of said map, by the Zoning Administrator.

(c) Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered above, the Zoning Administrator shall interpret the district boundaries.

§ 19.6-25 Methods of measuring lots, yards, and related terms.

A. Regular lots, measurements.

(1) The width of a regular lot shall be determined by measurement across the lot at the front lot line at its intersection with each side lot line.

(2) The length of a regular lot shall be determined by measuring the distance between the front and rear lot lines at each of the two side yard setback lines and averaging those two distances.

B. Regular lots, determination of front yard.

(1) On regular interior lots, the front shall be construed to be the portion nearest the street or access road.

(2) On regular corner lots, all sides fronting on a street shall meet the front yard setback requirement. The side opposite the front yard shall be considered a rear yard. The orientation of the dwelling should be determined and shown on the subdivision plat or site plan by the prevailing building pattern or the prevailing lot pattern if the building pattern has not been established.

(3) On regular through lots, unless otherwise determined by the Zoning Administrator due to the prevailing building pattern, the front shall be construed to be the shorter boundary fronting a street. If the lot has equal frontage on two streets, the front shall be determined and shown on all subdivision plats and site plans by the prevailing building pattern or the prevailing lot pattern if a building pattern has not been established.

C. Regular lots, yards adjacent to street.

(1) Front yards of at least the depth required by setback requirements in the district shall be provided across the entire frontage of a regular lot.

(2) Other yards adjacent to streets shall be provided across or along the entire portion of the lot adjacent to the street.

D. Irregular lots, yard requirements. All yards shall provide at least the same separation from all lot lines as required for minimum side yards in the district; and for the lot line which is determined to be the front lot line, setback and yard requirements for front yards shall be met. Additionally, if an irregular lot abuts a street at any point, a distance shall be provided that equals the yard required on a regular lot adjacent to a street in the district.

E. Setback measurement.

(1) All setbacks from public streets shall be measured from either:

(a) The existing edge of the right-of-way; or

(b) The minimum right-of-way permitted for VDOT acceptance of the right-of-way for state maintenance; or

(c) The center line of the existing street in accordance with the minimum requirements as defined in the district regulations.

(2) If no right-of-way exists, or if no construction plans are approved for the road, or if less than the minimum right-of-way exists, the right-of-way shall be assumed to be the edge of the existing travelway. The landowner shall determine the location of the front property line and shall certify by affidavit to the County that the setbacks meet the requirements of this chapter.

(3) When one lot is bisected by a zoning district boundary line, setbacks shall be required from the lot line, not from the line that divides the zoning district on the lot. The setback requirement for such lots shall be determined by the placement of the building or structure in which district the building or structure lies.

§ 19.6-26 Lots and yards.

A. Lot size and shape. All lots and yards shall meet the dimensional requirements set forth in the district requirements of this chapter, in conjunction with all other requirements set forth herein.

(1) Health Department approval. Area requirements are minimums as per the requirements of the governing zoning district and are subject to the approval of the Health Department. In special circumstances, larger lot areas may be required by the Health Department.

(2) Lots created to serve public utilities shall be exempt from the minimum lot size, minimum setback, and minimum lot width.

(3) No building shall hereafter be erected, constructed or altered so as to exceed the height limit specified in the regulations herein for the district in which it is located.

(4) Government buildings. No maximum height restrictions are placed upon government buildings. The height requirements shall be determined by the appropriate governmental agency constructing or reconstructing the building.

B. Principal use. Only one principal use or structure is permitted per lot unless otherwise provided herein. The Zoning Administrator shall determine what constitutes a principal use when two or more permitted uses occupy the same lot.

C. Required yards. No part of a yard or other open space, area, or off-street parking or loading space shall be included as part of a yard, open space, area, or off-street parking or loading space for another use, unless otherwise specifically provided for in this chapter.

D. A breezeway of not more than 12 feet in length may be used to connect two structures, thus creating one principal structure. If the breezeway exceeds 12 feet, then the structures shall be considered separately and subject to the regulations for a second dwelling unit.

E. Reductions below minimum requirements.

(1) No lot or area existing prior to the adoption of this chapter shall be reduced in dimension or area below the minimum requirements set forth in this chapter except for the purpose of meeting or exceeding standards set forth in this chapter. Lots or areas created after such date shall meet at least the minimum requirements established in this chapter.

(2) No yards existing prior to the adoption of this chapter shall be reduced in dimensions below the minimum requirements set forth in this chapter. Yards created after adoption of this chapter shall meet at least the minimum requirements established by this chapter.

(3) No existing off-street parking or loading space, and no off-street parking or loading space hereafter created, which meets all or part of the requirements for off-street parking or loading space set forth in this chapter shall be reduced or eliminated if the reduction results in area not meeting requirements or standards contained in this chapter. Reductions may be permitted where spaces are no longer required by this chapter or alternative spaces meeting the requirements of this chapter are provided.

§ 19.6-27 Use of multiple lots to satisfy zoning requirements.

Two or more contiguous lots under the same ownership may be used to satisfy zoning requirements only after a subdivision plat has been approved and recorded eliminating the common internal lot lines.

§ 19.6-28 Zoning districts established.

[Amended 7-6-2015]

A. For the purpose of this chapter, Appomattox County is divided into the following base zoning districts:

	Agricultural District (A-1)
	Low-Density Residential District (R-1)
	Medium-Density Residential District (R-2)
	High-Density Multifamily Residential District (R-3)
	Village Center District (V-1)
	General Commercial District (B-1)
	Limited Commercial District (B-2)
	Industrial District (M-1)
	Planned Industrial District (IP)

B. In addition to the base districts, overlay districts are hereby established which may be applied by the Board of Supervisors as overlay regulations to portions of any or all of the base districts, through the Zoning Map amendment process in accord with the procedures established herein and subject to the standards and procedures of this chapter. The following overlay districts are established herein:

	Floodplain Overlay District (FPO)
	Historic Overlay District (H-1)