(a)

Buildings or structures shall be started, reconstructed, enlarged, or altered only after a zoning permit has been obtained from the administrator.

(b)

The commission may request a review of the zoning permit approved by the administrator in order to determine if the contemplated use is in accordance with the district in which the construction lies.

(c)

Each application for a zoning permit shall be accompanied by a site plan.

(1)

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

a.

New construction or development except for agricultural structures, single- or two-family dwellings, or accessory building for single- or two-family dwellings.

b.

The conversion of any agricultural structure or single-family or two-family dwelling unit to any other use, or a higher intensity residential use, or the conversion of any building or property to a different use category.

c.

Additions or modifications to any buildings or uses, except for agricultural structures, single- or two-family dwellings, or accessory buildings for single- or two-family dwellings.

d.

Site development plans shall be prepared by a professional engineer, architect, or land surveyor licensed to practice in the Commonwealth of Virginia. This requirement may be waived by the zoning administrator for minor projects with limited impact on adjacent properties.

(2)

Any application for a zoning permit which does not require a site development plan, as specified above, shall be required to submit a minor site plan which includes the following.

a.

A drawing which shows the size and shape of the parcel of land on which the proposed building or use is to be located, 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 such parcel of land and to the right-of-way of any street or highway adjoining such parcel of land. Any other information which the administrator may deem necessary for consideration of the application may be required.

(3)

The following information shall be required on-site development plans submitted to the county for review for zoning approval.

a.

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

b.

Property lines of the parcel proposed for development. If only a portion of a parcel is proposed for development, a limits of development line shall also be shown.

c.

The tax parcel identification numbers of parcels proposed for development.

d.

The name and address of the property owner and name and address of the developer, if different from the owner. The name and address of the person or firm preparing the plan shall be on the plan.

e.

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. The tax parcel number for each of these properties shall also be provided.

f.

The zoning district designation of the parcel(s) proposed for development, and the zoning designation and current land use of adjacent parcels

g.

The nature of the land use(s) proposed for the site.

h.

The names, route numbers, and locations of existing and proposed public and private streets, alleys and easements on or adjacent to the site. The centerlines or boundary of adjacent rights-of-way shall also be shown.

i.

The exact location of buildings or structures existing on or proposed for the site, including their setbacks from property lines, and the distance between buildings or structures.

j.

The location of existing and proposed wells and septic systems on the site.

k.

The location, type, and size of site access points such as driveways, curb openings, and crossovers. Distances to neighboring access points, median openings, intersections, and traffic signals shall be provided. If new median cuts are proposed, their location shall also be shown.

l.

Off-street parking areas and parking spaces including handicapped spaces, loading spaces, and walkways indicating types of surfacing, size, angles of stalls, width of aisles, and a specific schedule showing the number of spaces provided and the number required by this ordinance. Internal traffic circulation shall be addressed.

m.

The location of existing and proposed signs on the property.

n.

The location and type of proposed exterior lighting, including the height of poles, and type and wattage of fixtures. Refer to section 106-139 for industrial district lighting regulations, section 106-412 for general business district lighting regulations and section 106-241 for special use permits and conditional use permits. The county offers an illustrative guide, providing examples and samples of the types of permissible lighting.

o.

An erosion and sediment control plan, where required.

p.

A stormwater management plan, where required.

q.

Any additional information requested by the zoning administrator.

(4)

Whenever a development which requires a site development plan abuts US Route 13, the following conditions shall be met:

a.

Number of access points. Each existing tract of land is entitled to one direct or indirect access point to the public roadway network provided that its location and design fulfill, as a minimum, the minimum corner clearance and minimum sight distance requirements of this chapter. Where the roadway frontage of a tract of land is greater than 500 feet, an additional access point may be allowed, if it is determined that the access point will not adversely affect the capacity of the roadway. Any additional access point must be in compliance with all applicable sections of this chapter.

b.

The minimum corner clearance of driveways from intersecting streets shall be 200 feet for signalized intersections and 100 feet for stop sign controlled intersections.

c.

Minimum sight distances along the highway shall be provided to allow vehicles to safely turn left or right onto the highway. Sight distances provided along Route 13 shall be a minimum of 1,000 feet.

d.

Outparcels. All access to outparcels must be internalized utilizing the main access drive of the principal retail center. Access to the outparcel shall be as direct as possible, avoiding excessive movement across parking aisles and queuing across surrounding parking and driving aisles. In no instance shall the circulation and access of the principal commercial facility and its parking and service be impaired.

e.

New residential subdivisions shall include an internal street layout which shall continuously connect to the street of surrounding developments to accommodate travel demand between adjacent neighborhoods without the necessity of using the highway.

(5)

Site development plans submitted to the county shall be prepared in the following format.

a.

The scale of plans shall be no less than one inch equals 50 feet, unless otherwise approved by the zoning administrator.

b.

The site development plan shall contain a statement signed by the owner or developer stating that the project will be built according to the plan.

c.

The number of copies of the plan to be submitted shall be determined by the zoning administrator.

(6)

Sketch plan/pre-application conference. Before filing for approval of a site development plan, the applicant is advised to confer with the zoning administrator or his designee. At that time, the applicant or his representative may submit unofficial preliminary plans of the proposed development for tentative review, comments, and recommendations concerning the development of the tract. Such action does not require formal application or filing of a site plan and is not to be construed as an application for approval in computing time limitations in relation thereto.

(d)

All fees for the administration of this chapter, including fees for rezoning shall be adopted and regulated by the governing body. The fees may, from time to time, be amended, supplemented, changed, or repealed by the governing body.

(e)

To protect the safety and general welfare of the traveling public, the zoning administrator shall submit a copy of each application for a commercial zoning permit to the state department of transportation for their review of the highway entrance plans. The zoning administrator shall not issue a commercial or business zoning permit until the state department of transportation has submitted to the zoning administrator written approval of such entrance.

(f)

If the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the administrator or his designee. One copy of the drawing shall be returned to the applicant with the permit.

(Ord. of 6-20-2001(5); Ord. of 05-19-2021(1))

Land or buildings may be used or occupied only after a certificate of occupancy has been issued by the building department. Such a permit shall state that the building or the proposed activity or the use of land, complies with the provisions of this chapter. A certificate of occupancy either for the whole or a part of a building shall be applied for simultaneously with the application for a zoning permit. The permit shall be issued within ten days after the erection or structural alteration of such building or part has conformed with the provisions of this chapter.

To prevent a hardship where a structure or mobile home has been destroyed by fire or by any other cause beyond the owner's control and a special use permit is required by the chapter to replace the same, the zoning administrator may approve the replacement of the structure or mobile home by the owner of the original structure or mobile home.

If a structure is destroyed the zoning administrator may also approve the location of a mobile home on the same lot for a limited period of time to permit the owner to have a place to live or conduct his business during repair or rebuilding of the structure.

The zoning administrator shall not require a variance and/or a special use permit when considering the aforesaid applications.

The foregoing provisions shall not apply where there is a change of ownership of the land, structure or mobile home.

Whenever there shall be plans in existence, approved by either the state department of highways or by the governing body for the widening of any street or highway, the commission may require additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future-planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.

There shall, at the time of erection of any building or at the time of any main building is enlarged, provision for minimum off-street parking, stacking, and loading as provided for below.

(1)

The following number of parking spaces shall be required:

a.

Residential use types.

Dwellings: Two spaces for each dwelling unit, provided either in a private garage or on the lot.

b.

Civic use types.

Churches, high schools, stadiums, auditoriums, and similar places of assembly: One space for each four seats.

Colleges or universities: Five spaces for each classroom or administrative office plus one space for each four seats in an assembly hall.

Day care center, kindergartens, pre-schools, play schools: Two spaces, plus one space for each teacher, administrator, or other employee. Sufficient area shall be set aside for dropping off and picking up children in a safe manner that will not cause children to cross the parking area or lines of traffic.

Libraries and museums: One space for each 200 square feet of gross floor area.

Schools (elementary, middle, high): One space for each teacher, administrator, or other employee, plus five spaces per classroom for high schools or one space for each four seats in an assembly hall, whichever is greater.

Fraternal lodges, hunting clubs, yacht clubs, country clubs: One space per three persons based on maximum occupancy.

Funeral homes: One space for each 50 square feet of area in assembly rooms or chapels, plus one space for each vehicle maintained on the premises.

Hospitals, nursing, convalescent homes: One space for each two beds including cradles and children's beds.

Post offices: One space for each 500 square feet of gross floor area.

c.

Agriculture and forestry use types.

Greenhouses and nurseries: One space for each 400 square feet of enclosed sales area, plus one space for each 5,000 square feet of exterior sales area.

d.

Commercial use types.

Animal hospitals and commercial kennels: One space for each 400 square feet of gross floor area plus one space for each employee.

Auction houses: One space for each 200 square feet of gross floor area.

Automobile sales: One space for each 5,000 square feet of outdoors lot area used for vehicle display, plus one space for each 500 square feet of enclosed sales and showroom floor area.

Automobile service stations: Two spaces per service bay plus one space for each regular employee. Service bays shall not be counted as parking spaces.

Barber shops, beauty shops, health spas and centers: One space per 200 square feet of gross floor area plus one space per employee.

Bowling alleys, golf courses: Four spaces for each alley, golf hole.

Contractors or construction shops, offices, and yards: One space per each 1,000 square feet of indoor operational area, plus one space per 5,000 square feet of operation area.

Convenience stores: One space per 200 square feet of gross floor area.

Fast food/carryout restaurants: One space for each 60 square feet of gross floor area.

Furniture stores: One space for each 500 square feet of gross floor area.

Grocery or chain stores: One space for each 200 square feet of gross floor area.

Laundromats: One space for each two washing machines.

Mobile home sales, trailer sales and rental, and boat sales: One space for each 5,000 square feet of outdoors lot area used for unit display, plus one space for each 500 square feet of enclosed sales and showroom floor area.

Motels, hotels, tourist homes, bed and breakfasts, and boardinghouses: One space for each accommodation, plus one space per operator or employee.

Restaurants, cafes, and similar dining or drinking establishments: One space for each four seats provided for patron use.

Retail establishments not listed in this article: One space for each 200 square feet of gross floor area for buildings of 50,000 square feet or less in size, one space for each 250 square feet of gross floor area for buildings of 50,000 square feet to 100,000 square feet in size, one space for each 300 square feet of gross floor area for buildings of 100,001 to 400,000 square feet in size, one space for 350 square feet of gross floor area for buildings larger than 400,000 square feet.

Shopping centers: One space for each 200 square feet of gross floor area.

Skating rinks, dance halls, pool rooms, and other places of amusement or assembly without fixed seating arrangements: One space for each 200 square feet of gross floor area.

Theater, indoors: One space for each four seats.

e.

Office use types.

Banks: One space for each 300 square feet of gross floor area.

Medical and dental offices/clinics: One space for each 200 square feet of gross floor area.

Office buildings: One space for each 300 square feet of net office floor area.

f.

Industrial use types.

Production or processing of materials, goods or products: One space for each two employees on the largest shift, and one space for each company vehicle, plus one space per 500 square feet of floor area open to the public for customer parking, but in all cases a minimum of two customer parking spaces.

Warehousing and wholesaling operations: One space for each two employees on the maximum working shift, and one space for each company vehicle operating from the premises, plus one space for every 500 square feet of floor area open to the public, but in all cases a minimum of two customer parking spaces.

g.

Miscellaneous use types.

Other permitted uses: A total number of spaces sufficient to accommodate the vehicles of all employees of the establishment plus those of all persons who may be expected to visit the same at any time or as determined by the zoning administrator.

For uses with multiple elements having different functions or operating characteristics, the following schedule shall apply:

_____

_____

(2)

Parking standards. For all off-street parking required by this chapter, the following standards shall apply.

a.

Parking spaces shall be on the same lot with the main building, except that in the case of buildings other than dwellings, spaces may be located as far away as 600 feet.

b.

Every parcel of land hereafter used as a public parking area shall be surfaced with gravel, stone, asphalt, or concrete.

c.

If any parking spaces are contiguous to a public street, the street side of such space shall be curbed.

d.

All parking spaces and fire lanes shall be clearly marked and visible at all times.

e.

Curbing, medians, islands, and parking bumpers shall be used to define parking areas, separate parking areas from aisles and channel traffic within the parking area. Landscaping may be incorporated into medians and islands. This landscaping may be used to facilitate stormwater management and to meet any vegetation and water quality requirements of this chapter.

f.

Off-street parking spaces shall have minimum dimensions of nine by 20 feet, provided that the minimum dimensions for parallel parking spaces shall be nine by 22 feet. Each space shall be unobstructed, and shall be so arranged that any automobile may be moved without moving another, except in the case of parking for one- and two-family dwellings and in the case of parking for employees on the premises.

g.

Minimum aisle widths required for parking areas shall be according to the following table.

_____

_____

h.

The required number of parking spaces for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time.

i.

Existing off-street parking which is provided in an amount less than the requirement stated herein shall not be further reduced.

j.

The arrangement of parking spaces and circulation patterns approved as part of a site plan shall not be changed without prior approval of the zoning administrator.

k.

Spaces for disabled parking.

1.

The number of non-residential parking spaces reserved for the disabled shall comply with the Virginia Uniform Statewide Building Code, as amended.

2.

All spaces for disabled parking shall have minimum dimensions of 13 feet by 20 feet

3.

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

4.

Spaces shall be clearly marked with both pavement marking and above ground signs.

l.

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

1.

Stacking spaces and lanes for drive-through stations shall not impede traffic movement on or off the site.

2.

Drive through lanes shall be striped, marked, or otherwise distinctly delineated.

3.

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

(i)

One lane = 12 feet.

(ii)

Two or more lanes = 10 feet per lane.

5.

Each stacking space shall be a minimum of ten feet by 20 feet.

6.

Stacking spaces shall be provided as follows:

(i)

Financial institutions with drive-through windows: Eight stacking spaces for the first drive-through window and two stacking spaces for each additional window.

(ii)

Car wash: Two stacking spaces per bay/stall for self service establishment, and three stacking spaces per bay/stall for an automated establishment.

(iii)

Drive-in or fast food restaurant: Six stacking spaces per drive-through window measured from the order board station.

(iv)

All other uses: Three stacking spaces for each window.

m.

Off-street loading areas shall be provided as specified below.

1.

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

2.

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

3.

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

4.

All off-street loading spaces shall have safe and convenient access to the street. If any such spaces are contiguous to a street, the street side of such space shall be curbed.

5.

When a building includes a combination of uses as set forth in this section, the required number of leading spaces will be the sum of the required loading spaces for each use. In no case shall the development be required to provide in excess of five loading spaces.

6.

Where the loading requirements for a particular use is not defined in this section, and where no similar use is listed the administrator shall determine the number of spaces to be provided based on requirements for similar uses, location or proposed use, expected demand generated by the proposed use for loading spaces, and appropriate traffic engineering and planning criteria and information. Determination of requirements may be appealed to the board of zoning appeals.

7.

All references to square feet in the off-street loading requirements below shall mean the square feet of gross floor space, unless specifically stated otherwise.

8.

Minimum off-street loading spaces shall comply with the table below for those uses listed.

_____

_____

n.

The following exterior lighting standards shall apply to all off street parking areas required pursuant to this chapter.

1.

All exterior lighting fixtures shall be designed, located and arranged so as not to direct glare on adjoining streets or residential properties. Lighting fixtures shall be located no closer than nine and one-half feet from adjoining streets or residential property lines.

2.

Exterior lighting fixtures shall be a fully shielded fixture, whether it is a low/high pressure sodium, mercury vapor; metal halide and florescent—over 50 watts; and/or incandescent—over 160 watts. Excepted from these requirements are: roadway and airport lighting, lighting activated by motion sensor devices, temporary circus, fair carnival, or civic uses, construction or emergency lighting, temporary lighting, and lighting associated with agricultural pursuits.

3.

Definitions. For the purposes of this chapter, a fully shielded fixture shall be defined as an outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest part of the fixtures.

(Ord. of 6-20-2001(6); Ord. of 05-19-2021(1))

(a)

No structures, streets, or parking areas shall be placed within 50 feet of the perimeter boundary of the mobile home park. The mobile home park shall be screened along its perimeter with an approved eight-foot tall fence or a planted vegetated buffer that will grow at least eight feet tall within a four-year period and that will also provide a 100 percent visual barrier. The developer of a mobile home rental park shall provide mobile home lots of not less than 6,000 square feet, with a minimum width of 50 feet for each mobile home on the premises. Each mobile home shall be placed a minimum of 35 feet from the front lot line, 15 feet from side lot lines, and 15 feet from the rear lot line. The combined square footage of accessory structures located on each mobile home park rental lot shall not exceed 150 square feet.

(b)

Each mobile home shall front on an internal mobile home park street. Ingress and egress from each lot shall be to and from an internal mobile home park street. Mobile home park streets shall be constructed in accordance with the state department of transportation's secondary highway specifications and subdivision street requirements. Such plans shall be approved by the state department of transportation before road construction commences.

(c)

The developer of a mobile home park shall provide adequate dusk to dawn lighting with a minimum of either a 100 watt mercury vapor light or 200 watt incandescent light at each entrance and exit to the mobile home park and along each 200 linear feet of internal roadway and identified in the off-street parking regulations (section 106-230).

(d)

The operator of a mobile home park shall provide water and sewer facilities to all mobile homes on the premises. These facilities must be approved by the health official.

(e)

All mobile home park lots in mobile home rental parks shall be well-drained and kept in a clean and orderly manner by the mobile home park operator.

(f)

The mobile home park operator shall provide a safe central playground area free of traffic hazards. At least 10,000 square feet of recreational common area shall be provided.

(g)

The developer of a mobile home park shall provide at least two nine-foot by 20 foot off-street parking spaces per mobile home lot. Common lots may be used to meet off-street parking requirements.

(h)

The health official must have issued the mobile home park operator a valid health permit as required by state law and a valid approval of all mobile home lots in the mobile home park.

(i)

Mobile home parks in which lots are sold shall comply with the county subdivision ordinance.

(j)

All required improvements, including construction of roads, creation of playground area, and establishment of buffers, shall be completed prior to the issuance of any building permits for the placement of mobile homes within the park. It shall be unlawful to allow any occupied mobile home to remain in a mobile home park unless all the provision of section 106-231 have been met.

(k)

The Board of Zoning Appeals shall have the authority to consider applications for a special exception and may grant a special use permit for the establishment of mobile home parks pursuant to all the provisions of this chapter. Any expansion or establishment of additional lots in any existing mobile home park shall require a special exception and a special use permit from the Board of Zoning Appeals. Expansions of existing mobile home parks will be considered by the Board on a case by case basis.

(l)

The Board of Zoning Appeals shall create a list of mobile home parks which were in existence prior to the enactment of this chapter and those mobile home parks which have been approved by the Planning Commission prior to the enactment of this amendment to the chapter. The mobile home parks on this list and any mobile home parks which may be approved by the Board of Zoning Appeals in the future will be considered as approved mobile home parks.

(m)

A request for the location of a mobile home that has a HUD label in an approved mobile home park shall not require a special exception or a special use permit from the Board of Zoning Appeals, provided, however, the location of a mobile home in a mobile home park shall be subject to all the requirements relating to mobile homes as set forth in section 106-53(a)(1) and 106-78(a)(6) even though these sections refer to special use permits. The zoning administrator or the assistant zoning administrator may approve such applications for location of mobile homes in approved mobile home parks subject to all the provision of this chapter. Mobile homes that do not have a HUD label must obtain a special use permit before they can be placed in a mobile home park.

(n)

Manufactured home condition criteria. All homes placed in mobile home parks shall meet the following criteria.

(1)

All roofing materials shall be secure without gaps or damaged shingles;

(2)

All windows shall be operative, without broken panes, and with screens in good condition;

(3)

All exterior skirting shall be in place and undamaged;

(4)

All kitchen and bathroom facilities shall be fully operational and all mechanical equipment shall be in good working order;

(5)

Any attached gutters shall be secure and functional;

(6)

All cornice and soffit materials shall be in place and undamaged;

(7)

Doors shall be plumb and fully operational

(8)

All flooring shall be structurally undamaged, and secure;

(9)

Insulation under the home shall be intact and undamaged;

(10)

Exposed piping under the home shall be intact and insulated; and

(11)

Structural I-beams and channels shall be in good condition.

(Ord. of 3-16-2005)

(a)

Intent. It is the intent of this section to provide all residents of the county benefit from the orderly and responsible growth of the poultry industry. The following standards have been promulgated to address the larger scale and intense nature of confined poultry operations.

(b)

Definitions. For the purpose of this section, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adjacent properties means those properties which are either (a) contiguous, or (b) separated only by a street or road.

Campground means a licensed business lawfully operating a tract of land developed to accommodate paying guests, or non-paying guests as in a group-sponsored outing, for short duration in tents designed for single families or travel trailers owned by the guests.

Child day center means a licensed child day program offered to ten or more children under the age of 13 in a facility that is not the residence of the provider or of any of the children in care.

Confined poultry operation means a structure for the occupancy of 200 or more chickens, 132 or more turkeys, or 200 or more other fowl which are not permitted to graze, roam, or exercise frequently outside the structure. This definition also includes litter storage sites, incinerators, disposal pits, manure sheds, composters, and cold storage units for the collection of dead birds.

Existing dwelling or business mean a structure, designed for residential or commercial use which is completed or in the process of being completed on the date a complete zoning permit application for a confined poultry operation permit is received by the zoning administrator.

Improved subdivision means an improved division of land consisting of ten or more lots shown on an approved valid final subdivision plat or on an approved recorded subdivision plat, on which improvements (streets, monuments, etc.) have been installed.

Nutrient management plan means a plan developed or approved by the department of conservation and recreation that requires proper storage, treatment and management of poultry waste, including dry litter, and limits accumulation of excess nutrients in soils and leaching or discharge of nutrients into state waters.

Poultry grower means any permit holder, successors and/or assigns who owns and operates a confined poultry operation.

Unimproved subdivision means a an unimproved division of land consisting of ten or more lots shown on a valid preliminary subdivision plat that was approved by the county prior to the effective date of the amendment of this section on February 13, 2016.

Vegetative buffer means a row of plant material, either preexisting or created, consisting of either evergreen or deciduous species suitable for the visual screening of confined poultry operations from roads and residences.

(c)

Zoning permit required. A zoning permit issued by the zoning administrator shall be required for all proposed confined poultry operations before any construction begins or operations commence. To obtain a zoning permit, the owner or agent for the owner shall submit a completed application form and a site plan, drawn to scale and in sufficient detail to show that the proposed confined poultry operation meets all applicable requirements of this section, to the zoning administrator for approval. The site plan shall show the size of the parcel, the location and size of existing and proposed buildings and structures on the parcel, the location of proposed entrances and access roads, the location of adjacent zoning districts or and incorporated town boundaries, and the location of any streams, ditches, or other water bodies on or adjacent to the property. A landscape plan shall be submitted along with the application for a zoning permit. The site plan shall also include a written statement by which the applicant certifies to the zoning administrator that the confined poultry operation shown on the site plan meets all applicable setbacks and other minimum standards of this section and that the site plan is a complete and accurate depiction of the confined poultry operation as it is to be located on the parcel.

Zoning permits for confined poultry operations shall expire one year after the date of issuance unless substantial construction of the approved facilities has occurred in accordance with the approved site plan or, if no construction is necessary, then the zoning permit shall expire one year after the date of issuance unless the use has actually commenced. Substantial construction means that the buildings and structures shown on the site plan are substantially complete as determined by the zoning administrator.

(d)

Posting of permit. A copy of the zoning permit for approved confined poultry operations shall be posted at the entrance to the property in a location that is clearly visible from the roadway.

(e)

Setback verification. The permittee shall contact the county prior to beginning construction on a confined poultry operation to arrange for an on-site verification of the required setbacks and other minimum standards specified within this section.

(f)

Minimum standards.

(1)

Lot size. The minimum lot size for confined poultry operations shall be six acres.

(2)

Poultry house density. The overall density per parcel of poultry houses is one house per five acres of land.

(3)

Poultry house limit. The maximum limit of poultry houses is 12 per parcel.

(4)

Minimum separation distance. The minimum separation distance between poultry operations shall be 400 feet.

(5)

Setbacks. The minimum setbacks for any portion of a confined poultry operation shall be as follows:

a.

Five hundred feet from any existing dwelling on an adjacent property, except where tunnel fans are on the end next to the dwelling, in which case the minimum setback shall be 600 feet.

b.

Four hundred feet from any existing business on an adjacent property.

c.

Two hundred feet from any property line.

d.

Two hundred feet from the center of U.S. Route 13, measured from the center of the northbound or southbound lanes, whichever is closer. One hundred twenty-five feet from the center of state or county-maintained roads, other than US Route 13, or 150 feet from state or county-maintained roads, other than US Route 13, if the tunnel fans are directed towards the road.

e.

Five hundred feet from any property line of schools, churches, nursing homes, day care centers, campgrounds, public recreation areas, and public wells, except where tunnel fans discharge toward the school, church, nursing home, day care center, campground, public recreation area, and public well, in which case the minimum setback shall be 600 feet from the property line(s).

f.

In agricultural zoning districts, 500 feet from incorporated towns or residential zoning district boundaries, improved subdivisions of ten or more lots, and mobile home parks or travel trailer parks with ten or more units, except where tunnel fans are pointed toward the incorporated town or residential zoning district boundary, improved subdivision of ten or more lots, and mobile home park or travel trailer park with ten or more units, in which case the minimum setback shall be 600 feet.

g.

In agricultural zoning districts, 400 feet from unimproved subdivisions of ten or more lots. In the event that the county's approval of an unimproved subdivision expires on or after the effective date of the amendment of this section on February 13, 2016, the setbacks shall be as specified in subsections 106-232(f)(5)a.—f.

(6)

State permits required. Confined poultry operations must obtain a Virginia Pollution Abatement Permit for poultry waste management from the Department of Environmental Quality, in accordance with Virginia law. Such permit shall establish requirements for the storage, treatment and management of poultry waste, including dry litter. A Virginia Pollutant Discharge Elimination System Permit may also be required through the Department of Environmental Quality. A nutrient management plan is required for approval by the Virginia Department of Conservation and Recreation.

(7)

Earthen berms. Earthen berms may be required as determined by the zoning administrator in order to protect environmentally sensitive areas and open waters from poultry litter runoff.

(g)

Landscaping. A landscaping plan shall be submitted to the zoning administrator demonstrating a vegetative buffer suitable for the visual screening of the confined poultry operation. A vegetative buffer may not be required if sufficient existing vegetation exists as determined by the zoning administrator.

The vegetative buffer shall be installed as follows:

(1)

A minimum of three staggered rows of plant materials shall be placed at a width of ten to 20 feet between rows from closest to the poultry operation outwards as follows:

a.

The row closest to the poultry operation shall consist of evergreen trees/shrubs, deciduous trees/shrubs or suitable grasses.

b.

The middle row shall consist of deciduous trees.

c.

The row furthest from the poultry operation shall consist of evergreen trees.

(2)

Plant material spacing within the rows shall be as follows:

a.

Evergreens—Pines/spruce shall be spaced between eight and 14 feet apart.

b.

Evergreens—All others shall be spaced between six and ten feet apart.

c.

Small shrubs shall be spaced between three and four feet apart.

d.

Large shrubs shall be spaced between three and six feet apart.

e.

Small deciduous trees shall be spaced between five and eight feet apart.

f.

Large deciduous trees shall be spaced between eight to 14 feet apart.

(3)

Maintenance of vegetative buffer. All required vegetative buffers shall be preserved and maintained so as to effectively provide visual screening along with other benefits. Routine maintenance of the vegetative buffer is permitted, provided that it does not diminish the effectiveness of the buffer. Dead or dying vegetative buffer materials shall be replaced with similar plant materials within six months. Modifications to approved vegetative buffers may be made by the zoning administrator.

(h)

Zoning districts. Confined poultry operations are allowed by right as a permitted use only in the agricultural zoning district.

(i)

Traffic safety. Care should be taken in the site selection process for a confined poultry operation regarding traffic safety and existing road conditions.

(j)

Existing confined poultry operations. Confined poultry operations in existence and operation on the effective date of the amendment to this section on October 16, 2016, as determined by the zoning administrator, that do not meet the minimum acreage and/or setback requirements in subsection (f) above, shall be considered nonconforming uses and nonconforming structures so long as the existing use of the facility, including buildings and structures, is not interrupted for more than two years. If the nonconforming use of the property as a confined poultry operation is discontinued for longer than two consecutive years, the confined poultry operation may not recommence unless the minimum acreage and setback requirements in subsection (f) above are met. If the minimum acreage and setback requirements cannot be met, the poultry grower may apply to the county board of appeals for a special use permit to deviate from these standards. Such application shall be subject to the criteria and procedures set out in article XI of this chapter.

(Ord. of 3-20-2002; Ord. of 2-3-2016; Ord. of 5-18-2016(2); Ord. of 6-15-2017; Ord. of 10-16-2024(3), 10-16-2024)

(a)

The minimum acreage or parcel size for confined commercial swine operations shall be five acres.

(b)

Minimum setbacks for any portion of the operation shall be:

(1)

Five hundred feet from any existing dwelling, business, subdivision or mobile home park on and adjacent property, except that this may be reduced to 200 feet with a special used permit granted in accordance with section 106-86 of this chapter, plus a vegetated buffer of trees which provides a solid visual screen from adjacent properties. Lagoons for the natural processing of waste from the operation are regulated by the state water control board, and shall require a 1,000 foot setback from the above uses.

(2)

Two hundred feet from any property line, except that this may be reduced as little as 50 feet with the written consent of the adjacent property owner, and a vegetated buffer of trees which provides a solid visual screen from adjacent properties.

(3)

One hundred feet from the nearest adjacent public road; 200 feet from route.

(4)

Five hundred feet from 1) any existing residential R-20 or commercial zoning district boundary line; 2) schools, churches, and public recreation areas, or; 3) public wells and water supplies. This distance may be reduced as little as 300 feet with a special use permit granted in accordance with section 106-86 of this chapter and a vegetated buffer of trees which provides a solid visual screen from adjacent properties. Lagoons for the natural processing of wastes from the operations are regulated by the state water control board, and shall require a 1,000 foot setback from the above uses.

(c)

A nutrient management plan, including litter, waste disposal sites and methods shall be approved by the soil and water conservation district.

(d)

Vegetated buffers as required above shall be planted to grow a minimum of eight feet in height and provide a solid year-round visual screen within two years from the date the operation commences or is expanded. Such buffers shall consist of either indigenous or ornamental shrubs and/or trees such as broad-leaf hollies, red cedars, leland cyprus, loblolly pines, or others as recommended by the county extension service or certified nurseryman.

(e)

Permitted by special use permit in residential districts.

(f)

Any proposed expansion to an existing swine operation shall be permitted by right and subject to a 200 foot setback from any property line, except that this may be reduced to as little as 50 feet with the written consent of the adjacent property owner and a vegetated buffer of trees which provides a solid visual screen from adjacent properties.

Because of their nature, size, unique characteristics, particular demands on public facilities and resources, and the potential for substantial impact on neighboring properties, the surrounding area, and the general public, certain proposed uses will require a close consideration of whether a specific use should be permitted in a particular location within a zoning district, and if so, what special conditions or safeguards should be applied to protect the overall Public Welfare.

Requests for "conditional uses", as specified in each zoning district's regulations, will be granted, denied, or granted conditionally, by the board of supervisors, in accordance with the following provisions:

(1)

Procedure.

a.

A request for a conditional use permit may be submitted to the board of supervisors through the zoning administrator by the property owner, or optionee of the property upon which the proposed use will be located;

b.

A site development plan, in accordance with section 106-226, shall accompany the request;

c.

The zoning administrator or other designated agent shall review the application, visit the site, request additional information from the applicant, or request review and comments by other local and/or state or federal agencies or officials, and formulate a staff review to the planning commission;

d.

The planning commission shall review the request, site plan, and staff review and any other reports or comments, visit the site as necessary, determine any additional information necessary for the review, and meet with the applicant prior to a public hearing, if requested; the commission shall conduct a public hearing after notice in accordance with Code of Virginia, § 15.1-431, as amended, after which it shall recommend that the request be granted, denied, or granted conditionally.

e.

Prior to the public hearing, the applicant shall submit to the planning commission proof of notification of nearby property owners. Notice sent by certified mail to the last known address of such owner as shown on the current real property tax assessment books of the county shall be deemed adequate compliance with the requirement. The provision of the notice shall be the responsibility of the owner or agent. No conditional use permit shall be approved by the planning commission within ten days of any such notice. The notice shall state: the type of use proposed, the date of submission, the specific location of the proposed development and the appropriate county office where the application and attachments may be reviewed. ("Nearby" shall be defined as within 500 feet of the boundary of the applicant's parcel; except where there are more than 15 property owners within 500 feet, in which case notification of only the adjoining property owners will be required.)

f.

The planning commission shall forward its recommendations, and all related materials, to the board of supervisors, which shall conduct a public hearing after notice in accordance with Code of Virginia, § 15.1-431, after which the board shall grant, deny, or grant conditionally the proposed conditional use;

g.

Any changes or modifications to requests or site plans made by the applicant prior to action by the board of supervisors shall be reviewed by the administrator to determine if such changes require initiation of a new or separate application and review process.

h.

Following action by the board of supervisors, the applicant shall be notified in writing of the board's determination, including such conditions, limitations, and other requirements imposed by the board, or the reasons for denial.

i.

A conditional use permit may be revoked by the board of supervisors if the board determines that there has not been compliance with the terms, conditions or uses specified in the granting of the permit. Such determinations will be made after the same notice and public hearing requirements specified in Code of Virginia, § 15.1-431.

(2)

Standards. In considering recommendations and actions on conditional use requests, review standards shall include, but not be limited to, the following guidelines:

a.

The proposed use and/or structure appear on the official schedule of conditional uses specified in each zoning district's regulations;

b.

The proposed use and/or structure will not adversely affect the health or safety of persons residing or working in the neighborhood;

c.

The proposed use and/or structure will not tend to change the character of, or the established pattern of development within the zoning district in which it will be located, considering the size and location of the proposed use, the nature and intensity of the operation to be conducted, the site design, and its relation to the surrounding area and roads giving access to it;

d.

The proposed use, structure(s) and overall development will be in conformance with all other provisions of this chapter, as well as in general conformance with the comprehensive plan as adopted by the board of supervisors;

e.

That adequate utilities, access roads, drainage or other necessary facilities have been or are being provided;

f.

That adequate measures have been or will be taken to provide ingress and egress which will be designed to minimize traffic congestion on the public's streets and roads;

g.

That the conditional use, in all other respects, conforms to the applicable zoning district regulations in which it is located, except as such regulations may, in each instance, be modified by the board of supervisors, in writing and/or as shown the approved final site plan.

(3)

Conditions and bonds. The board of supervisors shall consider and may impose conditions, limitations, or other special requirements as it deems necessary to protect the public health, safety and general welfare, such as, but not limited to, the following:

a.

Abatement or restriction of noise, smoke, dust, vibration, glare, odors, wastes, or other elements that may effect surrounding properties;

b.

Establishment of setback, side, front, and rear area requirements necessary for orderly development and/or expansion, and for prevention of traffic congestion, and for protection of the surrounding environment;

c.

Provisions for adequate parking, and ingress and egress to public streets and roads necessary to prevent traffic congestion and hazards;

d.

Providing adjoining property with a buffer or shield from view of the proposed use and/or structure;

e.

Other such conditions deemed necessary and desirable in consideration of the specific location, size, nature, site layout, and public access of the proposed use;

f.

Other such conditions deemed necessary and desirable to minimize adverse environmental impacts on scenic, historic, and waterfront areas or features, including abatement of air and water pollution, and water run-off and existing or potential flooding problems;

g.

Establishment of time limits for expiration, after which the conditional use permit shall no longer be valid or shall require renewal;

h.

The board may require a bond, in a reasonable and sufficient amount determined by the board, to be payable to the board of supervisors to insure compliance with the terms and conditions of any conditional use permit.

(4)

Effect of approval. The issuance of a conditional use permit shall authorize the applicant to construct only such structure(s) or conduct only such uses as are specifically requested and made part of the permit. No deviations, expansion, or other changes whatsoever shall be made from the terms of the permit without the expressed written approval of the board of supervisors.

Unless otherwise specified, any conditional use permits granted by the board of supervisors shall expire one year after the date of issuance unless substantial construction or use for which said permit was granted has actually commenced, and is progressing toward completion in accordance with the approved site plan.

The board of supervisors shall not extend or renew any conditional use permit previously granted, without the applicant complying with the procedures as set for forth in section 106-226(1) of this article.

(5)

Reconsideration. A property owner or other applicant who has been denied a conditional use permit by the board may not submit substantially the same application until after a period of at least 12 months from the date of the original denial by the board of supervisors.

(a)

Policy.

(1)

These resource quality protection regulations presume that through careful planning and design that minimizes or avoids adverse environmental impacts, land development can be accommodated without irreparable damage to local water resources and the biological community. The choice is not between development and no development, but, rather between wise development and destructive development. This chapter seeks to encourage a more harmonious relationship between land alteration for human use, the needs of the natural environment, and natural resource protection.

(2)

Implementation of this chapter intends to accomplish four basic objectives:

a.

Protect the absorptive, purifying, and retentive functions of natural systems that exist on the site of a proposed development in such a manner as to reduce or eliminate potential nonpoint source pollution.

b.

Provide for post-development stormwater runoff characteristics that resemble the conditions that existed before the site's alteration.

c.

Maintain water supply quality and quantity standards at a suitable level necessary to serve adequately and efficiently the public need, health, and welfare; and sustain the integrity of water resources and other sensitive natural resources.

d.

Promote the orderly, efficient, and economically viable use and development of land and water resources.

(3)

Development and use of land in accordance with these resource quality protection regulations shall be permitted provided the applicant or developer presents to the administrator satisfactory evidence that such use or development is compatible with the purpose and objectives of these regulations.

(b)

Findings of fact. The Board of Supervisors of Accomack County finds that uncontrolled growth and development of land along with its accompanying alteration of drainage areas and patterns, water resources, and natural systems has a significant impact upon the health, safety, and welfare of the community. More specifically, the board finds:

(1)

Stormwater runoff can carry pollutants into receiving water bodies resulting in the degradation of water quality and impact wetlands and critical plant and animal habitats.

(2)

Runoff-transported nutrients, such as phosphorus and nitrogen, can accelerate eutrophication of receiving water bodies, such as bays, ponds, creeks, and tidal and nontidal wetlands, and adversely affect critical plant and animal habitats.

(3)

Land use practices and development activities that require the alteration of natural topography and the removal of indigenous vegetation can increase the velocity of runoff, thereby increasing the potential for erosion and sedimentation that can ultimately degrade the quality of receiving water bodies and adversely affect critical plant and animal habitats and other natural systems.

(4)

Impervious surfaces can increase the volume and rate of stormwater runoff which can accelerate erosion and degrade surface water supplies and allow less water to percolate into the soil, thereby decreasing groundwater infiltration and storage potential and adversely affecting the supply of groundwater.

(5)

Improperly managed stormwater runoff can increase the incidence of flooding and the level of flooding which occurs.

(6)

Uncontrolled development and improperly managed stormwater runoff in wetland and estuarine areas can severely interfere with the maintenance of optimum salinity in estuarine areas, thereby disrupting biological productivity.

(7)

Groundwater is a vulnerable resource whose quality can be significantly impacted by human activities upon the land.

(8)

Substantial economic loss can result from adverse impacts on community surface waters, groundwater, and natural resources; future problems can be avoided if land is used and developed in accordance with sound resource management practices.

(c)

Objectives.

(1)

In order to protect, maintain, and enhance both the immediate and the long-term health, safety, and general welfare of the citizens of Accomack County, this section has the following objectives:

a.

To encourage productive and enjoyable harmony between human society and the natural environment.

b.

To minimize or eliminate the transport of pollutants from development activities to surface and groundwater.

c.

To prevent harm to the community by activities which adversely affect surface water, groundwater, and other sensitive natural resources.

d.

To maintain or restore groundwater recharge areas and groundwater storage levels.

e.

To protect, maintain, or restore natural salinity levels in estuarine areas.

f.

To prevent damage to tidal and nontidal wetlands which aid in the maintenance of surface water and groundwater quality.

g.

To minimize damage from flooding on both human developments and natural systems.

h.

To permit and encourage planned development and land uses which are compatible with the preservation of sensitive natural resources. These sensitive natural resources include tidal and nontidal wetlands, woodlands, critical plant/animal habitats, watercourses, and estuarine areas.

i.

To maintain diversity in types of environment available in Accomack County and particularly to encourage variety in the development pattern in areas of sensitive natural resources.

j.

To promote the concentration of dwellings and other structures by encouraging development types, such as cluster developments, which retain and preserve large areas of sensitive lands in open space.

k.

To preserve and enhance the beauty of the landscape by encouraging the maximum retention of natural topographic features such as: Drainage swales, creeks, marshes, scenic vistas, natural plant formations, and trees.

(d)

Definitions.

(1)

Unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this section its most effective application. Words used in the singular shall include the plural and the plural the singular; words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary; the word "may" is permissive.

(2)

Words and terms used in this section are defines as follows:

a.

"Adverse impacts" are any modifications, alterations or effects on a feature or characteristic of community waters or wetlands, including their quality, hydrodynamics, surface area, species composition, living resources, aesthetics or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability; or which reasonably interfere with the enjoyment of life or property, including outdoor recreation. The term includes secondary and cumulative as well as direct impacts.

b.

"Buffer area" or "buffer strip" is an area or strip of natural or established vegetation preserved and/or managed to protect watercourses, water bodies, or tidal and nontidal wetlands from significant water quality and habitat degradation due to land disturbances.

c.

"Critical plant/animal habitat" means areas that have been designated as existing or potential sites for rare and endangered plant and/or animal species as determined by the State Department of Conservation and Recreation or the U.S. Fish and Wildlife Service.

d.

"Development" is the construction of residential, commercial, industrial, recreational, or utility facilities or structures.

e.

"Estuarine areas" means those bodies of water that are semi-enclosed by land and connected with the open ocean or bay within which saltwater is usually diluted by freshwater derived from the land. Estuarine water, tidelands, tidal wetlands, and submerged lands are included under this designation.

f.

"Groundwater" means water beneath the surface of the ground.

g.

"Impervious surface" means a surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures.

h.

"Integrity" means the state of being complete and functionally unimpaired; the wholeness or entirety of a body or system, including parts, materials, and processes. The integrity of an ecosystem emphasizes the inter-relatedness of all parts and the unity of its whole.

i.

"Natural systems" means systems which predominantly consist of or use those communities of plants, animals, bacteria, and other flora and fauna which occur indigenously on the land, in the soil, or in the water.

j.

"Nonpoint source pollution" means pollution consisting of constituents such as sediment, nutrients, and organic and toxic substances from diffuse sources, such as runoff from agriculture and urban land development and use.

k.

"Nontidal wetlands" means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adopted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the federal Clean Water Act, in 33 C.F.R. 328.3b dated November 13, 1986, as amended.

l.

"Predevelopment conditions" are those conditions which existed before alteration, resulting from human activity, of the natural topography, vegetation and rate, volume or direction of surface water or groundwater flow, as indicated by the best available historical data. For purposes of conducting a runoff analysis for new development, an average land cover, as specified by the Eastern Shore Soil and Water Conservation District shall apply.

m.

"Site plan" or "resource quality protection plan" refers to the detailed analysis required in subsection (g) for each activity described in subsection (e) of this section.

n.

"Stormwater" or "stormwater runoff" or "runoff" means the flow of water over the surface of the ground or collected in channels or conduits which results from and which occurs immediately following a rainfall event.

o.

"Surface water" means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused.

p.

"Tidal wetlands" means vegetated and non-vegetated lands as defined in Code of Virginia, § 62.1-13.2.

q.

"Waters" or "community waters" means any and all water on or beneath the surface of the ground. It includes the water in any watercourse, water body, drainage system, or wetland. It also includes diffused surface water and water percolating, standing, or flowing beneath the surface of the ground, as well as coastal waters.

r.

"Water body" means any natural or artificial pond, lake, bay, or other area which ordinarily or intermittently contains water and which has a discernible shoreline.

s.

"Watercourse" means any natural or artificial stream, river, creek, channel, ditch channel, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale, or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, or banks.

(e)

Applicability.

(1)

For any commercial or industrial development which creates five acres or more of impervious surface, or any subdivision which creates 50 or more lots, a resource quality protection plan must be submitted and approved before:

a.

A plat is recorded, land is subdivided, or a building permit issued; or

b.

Grading, clearing, or any type of vegetation removal activities are commenced; or

c.

Development is commenced.

(2)

The board of zoning appeals may grant a written variance for any requirement of this section using the following criteria:

a.

There are special circumstances applicable to the subject property or its intended use; and

b.

Granting the variance will not:

1.

Significantly increase or decrease the rate or volume of surface water runoff;

2.

Have a significant adverse impact on a tidal or nontidal wetland, watercourse, or water body;

3.

Significantly contribute to the degradation of water quality;

4.

Otherwise significantly impair attainment of the objectives of this section.

(f)

Procedures.

(1)

Any person planning a development as defined in these regulations shall submit a resource quality protection plan.

(2)

No clearing or grading of the site shall take place, nor any building permit be issued, prior to approval of a resource quality protection plan in accordance with these regulations.

(3)

The resource quality protection plan shall not be approved unless it is clearly indicated that the proposed development will meet the performance criteria described in subsection (h) and the design standards described in subsection (i), except where a variance has been granted pursuant to subsection (e)(2), of these regulations.

(4)

During the review of a resource quality protection plan, the administrator shall call for opinions or decision either verbal or written from other departments and agencies, as necessary, to determine a resource quality protection plan's consistency with the objectives, performance criteria, and design standards of these regulations. Agency review may include, but shall not be limited to, review by the Eastern Shore of Virginia Ground Water Committee, Virginia Department of Health, Division of Environmental Health and Shellfish Sanitation, Accomack County Wetlands Board, Virginia Institute of Marine Science, Virginia Marine Resources Commission, Chesapeake Bay Local Assistance Department, Department of Environmental Quality, and State Water Control Board.

(5)

The administrator shall submit each resource quality protection plan and supporting documentation to the county planning commission for review and recommendation. The planning commission shall make a recommendation within 45 days of the plan's presentation at a planning commission meeting.

(6)

Following review of a complete resource quality protection plan, the administrator shall approve, with or without specified conditions or modifications, or reject the plan, and shall notify the applicant accordingly. If the administrator has not rendered a decision within 60 days after plan submission, the applicant shall be informed of the status of the review process and the anticipated completion date. If the plan is rejected or modified, the administrator shall state the reasons. However, it is not the responsibility of the administrator to design an acceptable project.

(7)

No resource quality protection plan may be approved without adequate provision for inspection of development activity. The applicant shall arrange with the administrator the scheduling of the following inspections:

a.

Initial inspection. Prior to approval of the resource quality protection plan.

b.

Erosion control inspection. As required by the county erosion and sediment control ordinance.

c.

Final inspection. Upon completion of all work, including installation of all drainage facilities.

The administrator, or his agent, shall inspect the work and shall either approve it or notify the applicant in writing in what respects there has been a failure to comply with the requirements of the approved resource quality protection plan. Any portion of the work which does not comply shall be corrected within a specified number of days by the applicant or the applicant will be subject to the penalty provisions of subsection (j) of these regulations.

(8)

Any person aggrieved by the action of any official charged with the enforcement of this section as the result of the disapproval of a properly filed application for a permit, issuance of a written notice of violation, or an alleged failure to properly enforce the section in regard to specific application, shall have the right to appeal the action to the board of zoning appeals. The appeal shall be filed in writing within 30 days of the date of official transmittal of the final decision or determination to the applicant, shall state clearly the grounds on which it is based, and shall be processed in the manner prescribed for hearing administrative appeals under section 106-254, "Appeal to the board of zoning appeals", of the county zoning ordinance.

(g)

Contents of the resource quality protection plan.

(1)

It is the responsibility of the applicant to include in the resource quality protection plan sufficient information for the administrator to evaluate the environmental characteristics of the affected areas, the potential and predicted impacts of the proposed activity on community and neighboring waters, and the effectiveness and acceptability of those measures proposed by the applicant for reducing adverse impacts. The resource quality protection plan shall contain maps, charts, graphs, tables, photographs, narrative descriptions, explanations, and citations to supporting references, as appropriate to communicate the information required by this section.

(2)

The resource quality protection plan shall contain the name, address, and telephone number of the owner and the developer of the property under consideration. In addition, the legal description of the property shall be provided on a map along with the property's location with reference to such landmarks as major water bodies, adjoining roads, railroads, subdivisions, or towns.

(3)

The existing environmental and hydrologic conditions of the site and of receiving waters, and tidal and nontidal wetlands shall be described in detail and include the following information:

a.

A description of all watercourses, water bodies, and tidal and nontidal wetlands on or adjacent to the site or into which stormwater flows;

b.

Location and extent of floodplains;

c.

Location and description of existing vegetation on the site;

d.

Soils types.

(4)

All proposed alterations to the site shall be described in detail, including:

a.

Changes in topography;

b.

Areas where vegetation will be cleared or otherwise disturbed;

c.

Areas that will be covered with an impervious surface and a description of the surfacing material;

d.

The size and location of any buildings or other structures;

e.

The average and daily proposed groundwater withdrawals;

f.

The channel, direction, flow rate, volume, and quality of stormwater that will be conveyed from the site, with a comparison to existing conditions.

(5)

Any mitigation measures proposed for the site, including structures for the detention, retention, or infiltration of water or for the protection of water quality shall be described in detail, including:

a.

Stormwater management controls, including maintenance plans, where necessary.

b.

A plan for the control of erosion and sedimentation which described in detail the type and location of control measures, the stage of development at which they will be put into place or used, and provisions for their maintenance;

c.

Any other information which the developer or the administrator believes is reasonably necessary for the proper evaluation of the development.

(6)

A groundwater use analysis shall be included in the resource quality protection plan for any proposed subdivision with 50 or more lots and an expected groundwater use of 10,000 gallons per day or more. The groundwater use analysis shall include:

a.

An analysis of average and daily water demands to be supplied by the proposed production wells.

b.

Identification of proposed well screen depths.

c.

Analysis of chloride levels in groundwater at the proposed development. Sample depth shall coincide with the proposed well screen depth.

d.

Proposed groundwater development plans, including number of wells, location of wells, capacity per well, and well screen interval.

e.

An evaluation of potential groundwater quality and quantity effects. The evaluation shall include a map showing the area in which one foot or more of drawdown is predicted to occur due to a proposed groundwater withdrawal.

f.

Any supplemental information required by the administrator to evaluate the applicant's proposed groundwater use, including:

1.

Additional water quality analysis;

2.

Saltwater intrusion modeling to predict the potential for movement of brackish groundwater resulting from proposed pumping.

(h)

Performance criteria.

(1)

A resource quality protection plan must demonstrate the proposed development has been planned and designed and will be constructed and maintained to meet each of the following performance criteria:

a.

Minimize disturbance of existing soils and retain or preserve as much existing vegetation as possible consistent with the land use or development activity.

b.

Minimize the use of impervious cover consistent with the land use or development activity.

c.

Maintain buffer strips of natural vegetation along all water bodies, water courses, and drainageways to reduce runoff rates and trap pollutants carried by runoff in order to reduce the potential of such pollutants entering surface water and groundwater systems.

d.

Avoid siting facilities that require massive land disturbance on areas of tidal or nontidal wetlands.

e.

Minimize crossing of watercourses and drainageways by roads. The relationship of roads to the location of sensitive areas shall be considered.

f.

Minimize the affect of well water use on the quality and quantity of groundwater within the proposed development and nearby areas.

g.

All development proposals shall take into account and shall be judged by the application of current understanding of land use planning, soil mechanics, engineering geology, hydrology, civil engineering, environmental and civic design, architecture, and landscape architecture in the maintenance of surface water and groundwater quality, and in the protection of sensitive natural resources.

h.

Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all permits required by federal, state, and local laws and regulations shall be obtained and evidence of such submitted to the administrator.

(i)

Design standards.

(1)

To ensure attainment of the objectives of these regulations and to ensure that performance criteria will be met, the design, construction, and maintenance of drainage systems, water resource management systems, and other site improvements shall be consistent with the following design standards:

a.

The release rate and pollutant loading of stormwater runoff from development shall not exceed the stormwater runoff rate and pollutant loading from the land area in its present state of use or development. The developer or applicant shall submit a runoff analysis in conjunction with the proposed development activity that shall be performed or reviewed by a registered professional engineer who shall certify that the study has been conducted in accordance with guidelines established by the county's department of building, planning and zoning. The administrator may determine that some of the following information is unnecessary due to the scope and nature of the proposed development. The study shall address, at a minimum, the following elements:

1.

Description of the proposed project including location and extent of impervious surfaces, anticipated use of the land and buildings, and a description of the site including topographic, hydrologic, and vegetative features.

2.

Characteristics of proposed runoff on the site including rate, phosphorus concentration, and other chemical characteristics as deemed necessary by the administrator or his agent to make an adequate assessment of water quality.

3.

A description of all proposed runoff control and water resource protection measures for the project. The administrator may require a performance assurance in the form of a bond, escrow account, or letter of credit to ensure that all runoff control and water resource protection measures proposed in the runoff analysis shall be constructed, operated, and maintained so as to meet the performance criteria set forth within this section.

4.

The hydrologic requirements for proposed development sites provided in the runoff analysis shall be determined in accordance with the U.S. Department of Agriculture, Soil Conservation Service (S.C.S) Technical Release No. 55, entitled "Urban Hydrology for Small Watersheds". Other methodology may be used when approved by the administrator or his agent.

5.

In applying stormwater management criteria, individual lots in a residential subdivision shall not be considered to be separate development projects. Instead, the residential development, as a whole, shall be considered to be a single development project. Hydrologic parameters that reflect the ultimate subdivision shall be used in all engineering calculations.

b.

Channeling runoff directly into water bodies shall be prohibited. Runoff shall be routed through swales or other systems designed to increase time of concentration, decrease velocity, increase infiltration, allow suspended solids to settle, and remove pollutants.

c.

The area of land disturbed by development shall be as small as practicable. To the maximum extent possible consistent with the proposed use or development, existing natural vegetation, tidal and nontidal wetlands, woodlands, critical plant/animal habitats, water courses, estuarine areas, and other sensitive resources shall be retained and protected on the site. Those areas which are not to be disturbed shall be clearly delineated on the development plans and protected from construction activity by an adequate barrier to be approved by the administrator.

d.

Intermittent watercourses, such as ditches and swales, shall be preserved and maintained in a vegetated condition.

e.

Approved stormwater management practices shall be used to retain and detain the increased and accelerated runoff which the development generates. Water shall be released from detention areas into watercourses or tidal and nontidal wetlands at a rate and in a manner approximating the natural flow which would have occurred before development so as not to exceed the natural functioning and capacity of downstream drainage features.

f.

The banks of detention and retention areas shall slope at a gentle grade (3:1 or less) into the water as a safeguard against drowning, personal injury, or other accidents, to encourage the growth of vegetation, and to allow the alternate flooding and exposure of areas along the shore as water levels periodically rise and fall. Where slopes are not practical or desired, other methods of bank stabilization may be used when noted on plans and submitted to the administrator for review and approval.

g.

In situations where it is impracticable or undesirable to utilize on-site percolation or pollutant-removing areas, off-site relief may be allowed by the administrator when the developer has shown evidence of an assigned drainage easement, borne the total coasts of such improvements, and demonstrated to the administrator that the improvements are in the common good and are of a satisfactory design to cause no hardship to others utilizing the same drainageway, either on-site, upstream, or downstream. If off-site retention or percolation areas are used, the developer shall provide appropriate legal documents to ensure that the successor owner to the development shall be continually obligated to maintain, at its expense, the off-site retention or percolation areas and the cross-easements necessary for access to such areas.

h.

The use of drainage facilities, vegetated buffer zones, tidal and nontidal wetlands, woodlands, critical plant/animal habitats, and other sensitive resources as open space, recreation, and conservation areas shall be encouraged.

i.

Groundwater withdrawal shall cause no reduction in groundwater levels or changes in groundwater quality that limit the ability of groundwater use associated with the development or any existing groundwater use lawfully withdrawing or authorized to withdraw groundwater at the time of plan approval. The developer or applicant shall submit a groundwater use analysis in conjunction with the proposed development activity that shall be performed or reviewed by a registered professional engineer who shall certify that the study has been conducted in accordance with the guidelines established by the county's department of building, planning and zoning. A groundwater use analysis shall not be required for developments which will withdraw less the 10,000 gallons per day.

(j)

Enforcement.

(1)

The zoning administrator shall be responsible for the interpretation and implementation of this chapter and shall have all necessary authority, on behalf of the county board of supervisors, to enforce this chapter and insure compliance herewith, including the issuance of violation notices, injunction, abatement, or other appropriate legal proceedings.

(2)

When the administrator determines that development activity is not being carried out in accordance with the requirements of this section, a written notice of violation shall be issued to the owner of the property. The notice of violation shall contain:

a.

The name and address of the owner or applicant;

b.

The street address when available or a description of the building, structure, or land upon which the violation is occurring;

c.

A statement specifying the nature of the violation;

d.

A description of the remedial actions necessary to bring the development activity into compliance with this section and a time schedule for completion of such remedial action;

e.

A statement that the administrator's determination of violation may be appealed to the board of zoning appeals by filing a written notice of appeal within 15 days of service of notice of violation.

The notice of violation shall be served upon the person(s) to whom it is directed personally or by mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested to such person at his or her last known address.

(3)

In the event that the zoning administrator determines that there has been any violation of this chapter, the administrator may, if necessary or appropriate, seek criminal process against the alleged violator, consistent with article XII of the county zoning ordinance. The issuance of a violation notice and correction order shall not be deemed a precondition to the issuance of a warrant or summons.

(k)

Effective date. This section shall become effective on January 20, 1999.

(a)

Purpose of conditional zoning. Pursuant to Code of Virginia, § 15.2-2303(a), it is the purpose of this article to provide a more flexible and adaptable zoning method to cope with situations where competing and incompatible uses conflict. Frequently, where competing and incompatible uses conflict, traditional zoning methods and procedures are not adequate. In these cases, more flexible zoning methods and procedures are needed to permit differing land uses, and at the same time to recognize effects of change. In these instances, reasonable conditions voluntarily proffered by the zoning applicant may be allowed, for the protection of the community, that are not generally applicable to land similarly zoned. When considered with existing zoning ordinance district regulations, these conditions should cause the requested rezoning to be compatible with existing zoning and uses in the area.

(b)

Proffer of conditions. Any owner of property making application for a change in zoning or amendment to the zoning map as part of the application may voluntarily proffer in writing reasonable conditions which shall be in addition to the regulations provided for in the zoning district or zone sought in the rezoning application. Accomack County may accept any reasonable conditions, in addition to the regulations provided for the zoning district by the ordinance, the need for which are generated solely by the rezoning itself.

(c)

Effect of conditions. Once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions. However, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

(d)

Conditional zoning procedure. The owner shall, if he elects to obtain conditional zoning, voluntarily proffer in writing such conditions as he deems appropriate at the time of filing an application to rezone the property or by such later date as the commission shall allow; but in any event before the commission makes its recommendation to the board of supervisors.

In the event that additions thereto or modifications thereof are desired by the owner, the same shall be made in writing no less than 14 days prior to the time at which the commission makes its recommendation to the board of supervisors unless the commission:

(1)

Specifically waives such time period or;

(2)

Specifically establishes such greater or lesser time period as it deems reasonable.

The planning commission, at a duly conducted public hearing, shall consider the application for conditional rezoning and forward their recommendation on the zoning petition to the board of supervisors for action.

The board of supervisors may consider additional proffers, deletions, and/or amendments to all such conditions provided same have been voluntarily proffered in writing prior to the public hearing at which the board of supervisors renders its decision.

(e)

Records of conditional zoning.

(1)

The zoning map shall show, by an appropriate symbol, the existence of conditions attached to the zoning on the map.

(2)

The zoning administrator shall keep in his office and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating such conditions in accordance with this section and shall clearly list all conditions applicable to each.

(f)

Enforcement and guarantees. The zoning administrator or his agents shall be vested with all necessary authority on behalf of the board of supervisors to administer and enforce conditions attached to a rezoning or amendment to a rezoning map including:

(1)

Ordering in writing, compliance with such conditions;

(2)

Bringing of appropriate legal action or proceeding to ensure compliance;

(3)

Requiring a guarantee, satisfactory to the governing body, 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 the improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or release by the governing body, or agent thereof, upon the submission of satisfactory evidence that construction of the improvements has been completed in whole or in part;

(4)

Denial of issuance of any required use, occupancy, or building permit, as may be appropriate.

(g)

Review of zoning administrator's decision. Any person who is aggrieved by the administrator's decision or actions regarding enforcement or guarantees as provided for in section (f), enforcement and guarantees, above, may petition the board of supervisors for review of such decisions(s). Such petition shall be filed with the zoning administrator and the county administrator within 30 days from the date of the decision for which review is sought and shall specify the grounds upon which the petitioner is aggrieved.

(h)

Time limit on repeat petitions. After the board of supervisors has taken official action either granting, denying, or permitting withdrawal of a petition for any change in zoning or any change of zoning conditions, no other petition for substantially the same changes(s) shall again be considered in less than 12 months from the date of such official action.

(a)

Definitions. Unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this section its most effective application. Words used in the singular shall include the plural and the plural the singular; words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary; the word "may" is permissive.

(1)

Alternative tower structure means man-made trees, clock towers, bell steeples, light poles, and similar alternative-design structures that camouflage or conceal the presence of antennas or towers.

(2)

Antenna means any apparatus designed for telephonic, data, radio, or television communications through the sending and/or receiving of electromagnetic waves.

(3)

Co-location means the use of a single support structure and/or site by more than one service provider.

(4)

FAA means the Federal Aviation Administration.

(5)

FCC means the Federal Communications Commission.

(6)

Height means when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if the highest point is an antenna or lightning rod.

(7)

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone and wireless communication towers, alternative tower structures, and the like.

(8)

VDOA means the Virginia Department of Aviation.

(b)

Use regulations—Towers and antennas. The purpose of these regulations is to establish general guidelines for the siting of towers and antennas. The goals of these regulations are to: (i) encourage the location of towers in nonresidential areas and minimize the total number of towers and tower sites throughout the community, (ii) encourage strongly the joint use of new and existing tower sites, (iii) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal, (iv) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas and (v) to provide adequate sites for the provision of services with minimal negative impact on the resources of the county.

These regulations are intended to comply with all federal and state regulations.

(1)

Applicability.

a.

District height limitations. The requirements set forth in these regulations shall govern the location of towers that exceed, and antennas that are installed at greater than 100 feet in height.

b.

Amateur radio antennas. This chapter shall not govern any tower or the installation of any antenna that is operated by a federally licensed amateur radio station operator or is used exclusively as a receive only antenna for amateur radio station operation.

c.

Television reception antennas. Antennas and towers used exclusively for television reception for residential structures shall be exempt from the provisions of this chapter.

d.

Existing structures and towers. The placement of an antenna on or in an existing structure such as a building, sign, light pole, water tank, or other free-standing structure or existing tower or pole shall be permitted by right so long as the addition of said antenna shall not add more then 20 feet in height to said structure or tower and shall not require additional lighting pursuant to FAA or applicable requirements. Such permitted use also may include the placement of additional buildings or other supporting equipment used in connection with said antenna as long as such building or equipment is placed within the existing structure or property and is necessary for such use.

e.

Replacement of existing towers and antennas. Any tower or antenna existing prior to the adoption of these regulations or any tower or antenna subsequently approved by these regulations may be replaced, by right, with a tower or antenna of similar type so long as the replacement structure is no more than 20 feet higher than the structure being replaced. The tower being replaced must be removed within one month of completion of the replacement structure. A proposed replacement tower or antenna which exceeds the height of the existing tower or antenna by more than 20 feet shall be considered a new structure under these regulations.

(2)

General guidelines and requirements.

a.

Principle or accessory use. For purposes of determining compliance with area requirements, antennas and towers may be considered either principle or accessory uses. An existing use or an existing structure on the same lot shall not preclude the installation of antennas or towers on such lot. For purposes of determining whether the installation of a tower or antenna complies with district regulations, the dimensions of the entire lot shall control, even though the towers or antennas may be located on leased area within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure.

b.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Accomack County Department of Building, Planning, and Zoning an inventory of its existing facilities that are either within the locality or within five miles of the border thereof, including specific information about the location, height, and existing use and available capacity of each tower. The department may share such information with other applicants applying for approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the locality, provided, however that the department shall not, by sharing such information, in any way represent or warrant that such sites are available or suitable.

c.

Design/lighting. The requirements set forth in this section shall govern the location of all towers and the installation of all antennas governed by this chapter; provided, however, that the board of zoning appeals may waive any of these requirements if it determines that the goals of this chapter are better served thereby.

1.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.

2.

At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures.

3.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

4.

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the board of zoning appeals may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

5.

No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure.

6.

To permit co-location, the tower shall be designed and constructed to permit extensions to a maximum height of 199 feet.

7.

Towers shall be designed to collapse within the lot lines or lease lines, if leased area does not conform to property lot lines, in case of structural failure.

(3)

Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas.

(4)

Virginia Department of Aviation review. Towers and antennas proposed to penetrate above any Federal Aviation Regulations (FAR) Part 77 surface pertaining to the Accomack County Airport or the Wallops Island Airport shall be submitted to the VDOA for review and approval. A letter of approval by the VDOA shall be required at the time of permit review by the board of zoning appeals.

(5)

Building codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state, and local building codes and regulations.

(6)

Information required. Each applicant requesting a special use permit under this chapter shall submit the following. The board of zoning appeals may require other information to be necessary to assess compliance with this chapter.

a.

Owner authorization. Written authorization from the site owner for the proposed use.

b.

Specifications. A copy of typical specifications for proposed structures and antennas, including a description of design characteristics and materials.

c.

Site plan. A scaled plan, a scaled elevation view, and other supporting drawings, calculations, or documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements. Shall include information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, and adjacent uses. The plan shall include photographs or elevation drawings depicting typical design of the proposed structures.

d.

Visual impact analysis. A photographic or computer simulation of the proposed site that includes an image of the proposed tower. The simulated image shall include the foreground, the midground, and the background of the site. The images shall depict any potential visual impacts on adjacent areas.

e.

Antenna owners. Identification of the owners of all antennas and equipment to be located at the site as of the date of application.

f.

Need justification. The applicant must show that the proposed antennas and equipment could not be placed on an existing facility. Evidence that no existing tower or structure can accommodate the applicant's proposed antenna shall be consistent with the guidelines provided in subsection (b)(8) of these regulations.

g.

Inventory of existing sites. An inventory of existing sites owned or operated within the county or within five miles of the county border, in accordance with section (b)(2)b. of these regulations.

h.

Propagation maps. Copies of the applicant's propagation maps demonstrating that antennas and sites for possible co-locator antennas are not higher in elevation than necessary.

i.

Co-location policy. A copy of the applicant's policy regarding co-location.

j.

Engineering report. An engineering report, certifying that the proposed tower is compatible for co-location with a minimum of three users including the primary user. This provision may be waived by the governing body in a particular case.

k.

Notice to adjoining property owners. The applicant shall notify adjoining property owners by certified letter concerning the project 14 days prior to the public hearing before the board of zoning appeals. The applicant shall provide proof that the required notices were mailed.

l.

FCC license. A copy of a valid FCC license for the proposed activity, or proof that the applicant is the winning bidder for an FCC license at auction and that the final issuance of the FCC license purchased at auction is pending.

m.

VDOA approval. The applicant shall provide an approval letter from the VDOA, if required by subsection (b)(4) of these regulations.

(7)

Factors considered in granting special use permits for new towers. The applicant shall obtain a special use permit from the county board of zoning appeals before erecting towers or antennas covered by this article, as specified in section (b)(1) of these regulations. The board of zoning appeals shall consider the following factors in determining whether to issue a special use permit, although the board may waive or reduce the burden on the applicant of one or more of these criteria if the board concludes that the goals of this chapter are better served thereby.

a.

Height of the proposed tower;

b.

Proximity of the tower to residential structures and residential district boundaries;

c.

Nature of the uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

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

g.

Proposed ingress and egress;

h.

Co-location policy;

i.

Language of the lease agreement dealing with co-location;

j.

Consistency with the comprehensive plan and the purpose to be served by zoning;

k.

Availability of suitable existing towers and other structures as discussed below; and

l.

Approval by the VDOA, if a proposed structure penetrates any FAR Part 77 surface, as specified in subsection (b)(4) of these regulations.

(8)

Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the board of zoning appeals that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following;

a.

No existing towers or structures are located within the geographic areas required to meet applicant's engineering requirements.

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antennas and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

e.

The fees, costs, or contractual provision required by the owner in order to share an existing tower or structure or to adopt an existing tower or structure for sharing are unreasonable. Costs exceeding the cost of new tower development are presumed to be unreasonable.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(9)

Setbacks. The following setback requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the board of zoning appeals may reduce the standard setback requirements if the goals of this chapter would be better served thereby.

a.

The tower must be set back from any off-site residential structure no less than 400 feet.

b.

Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures.

(10)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the board of zoning appeals may waive such requirements, as it deems appropriate.

(11)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the board of zoning appeals may waive such requirements if the goals of this chapter would be better served thereby.

a.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip at least four-feet wide outside the perimeter of the facilities.

b.

In locations in which the board of zoning appeals finds that the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

c.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the board of zoning appeals may determine the natural growth around the property perimeter may be sufficient buffer.

d.

Existing trees within 200 feet of the tower shall not be removed except as may be authorized to permit construction of the tower and installation of access for vehicle utilities. This provision may be waived by a governing body in a particular case.

(12)

Local government access. Owners of towers may provide the county co-location opportunities as a community benefit to improve radio communication for county departments and emergency services.

(13)

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 24 months shall be considered abandoned, and the owner of each such antenna or tower shall remove same within 90 days of receipt of notice from the county notifying the owner of such removal requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables, and support building. The building may remain with owner's approval. If there are two or more users of a single tower, then this provision shall not become effective until all users cease use of the tower. If the owner of the antenna or tower fails to remove said structure within the time specified above, the county may, through its own agents or employees, remove the structure. The cost of removal by the county shall be chargeable to and paid by the owners of the tower or antenna and may be collected by the county as taxes and levies are collected. Charges which remain unpaid shall constitute a lien against the property.

(14)

Change of status report. The owner of any tower that required a special use permit under these regulations for which a change of user status occurs, shall submit a report to the Accomack County Department of Building, Planning and Zoning. The report shall state any changes to the identity or number of users of the tower.

(15)

Review fees. Any costs incurred for review by a licensed engineer of any of the above required information shall be paid by the applicant.

(16)

Effective date. This section of the Accomack County Zoning Ordinance shall become effective on November 19, 1998.

Where more than one dwelling is to be located on a single lot, the following minimum separation distances shall be provided between each building:

Agricultural district: 140 feet.

Residential district: 90 feet.

(Ord. of 5-18-00)

Prior to the initiation of an application for a special exception, special use permit, variance, rezoning or other land disturbing permit, including building permits and erosion and sediment control permits, or prior to the issuance of final approval, Accomack County requires the applicant to produce satisfactory evidence that any delinquent real estate taxes owed to the locality which have been properly assessed against the subject property have been paid.

(Ord. of 4-21-2010)

(a)

Intent. It is the intent of this article to provide all residents of the county benefit from the orderly and responsible growth of the aquaculture industry, and particularly, the confined raising of fin-fish species.

(b)

Definitions. For the purpose of this section, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adjacent properties means adjacent properties shall be defined as those properties which are either (a) contiguous or (b) separated only by a street or road.

Confined fin-fish operation means an agricultural operation using recirculating aquaculture system within a structure for the production of fin-fish of any species grown for commercial purposes. When applicable this definition also includes associated fully-contained waste storage sites, and/or composters.

Existing dwelling or business means a structure, designed for residential or commercial use which is completed or in the process of being completed on the date a complete application for a confined fin-fish operation permit is received by the zoning administrator.

Processing, waste storage, and related activities means those uses, activities, and structures that may be part of a confined fin-fish operation, which are accessory components of a confined fin-fish operation, including fully-contained waste storage sites, outdoor storage, settling ponds, and composters. Other similar uses require a conditional use permit.

Recirculating aquaculture system means any system used for the rearing of fin-fish where 90 percent or more of system water is recycled on a daily basis.

(c)

Zoning permit required. Zoning approval shall be obtained from the zoning administrator for all proposed fin-fish operations before any construction begins. To obtain a zoning permit, the owner or agent for the owner shall submit a site plan in accordance with section 106-226, drawn to scale and in sufficient detail to show that the proposed confined fin-fish operation meets all applicable requirements of this section, to the zoning administrator for approval. The site plan shall show the size of the parcel, the location and size of existing and proposed buildings and structures on the parcel, the location of proposed entrances and access roads, the location of adjacent zoning district or incorporated town boundaries, and the location of any streams, ditches, or other water bodies on or adjacent to the property. The site plan shall also include a written statement by which the applicant certifies to the zoning administrator that the confined fin-fish operation shown on the site plan meets all applicable setback requirements of this article and that the site plan is a complete and accurate depiction of the confined fin-fish operation as it is to be located on the parcel. The submittal shall also include any applicable applications made to or permits issued from the Department of Environmental Quality.

Zoning permits for confined fin-fish operations shall expire one year after the date of issuance unless substantial construction of the approved facilities has actually commenced, and is progressing toward completion in accordance with the approved site plan.

(d)

Posting of permit. A copy of the zoning permit for approved confined fin-fish operations shall be posted at the entrance to the property in a location that is clearly visible from the roadway.

(e)

Setback verification. The permittee shall contact the county prior to beginning construction on a confined fin-fish operation to arrange for an on-site verification of the required minimum setbacks specified within this article.

(f)

Minimum standards.

(1)

Lot size. The minimum lot size for confined fin-fish operations shall be five acres.

(2)

Setbacks. A recirculating aquaculture system shall be subject to the yard regulations set forth in section 106-58 (agriculture). The minimum setbacks shall apply to a confined fin-fish operation where processing, waste storage and related activities (as defined by this section) occur:

a.

Three hundred feet from any existing dwelling on any adjacent property.

b.

Three hundred feet from any existing business on any adjacent property.

c.

Two hundred feet from any property line(s).

d.

Five hundred feet from incorporated towns or residential zoning district boundaries, subdivisions of ten or more lots, and mobile home parks or travel trailer parks with ten or more units.

e.

Building and structure heights shall be in conformance with section 106-59 (agriculture).

(g)

Zoning districts. Confined fin-fish operations producing less than 1,000,000 pounds per year of whole fish or the processing of less than 500,000 pounds of whole fish per year are allowed by right in the agricultural zoning district or as otherwise permitted by the zoning ordinance. Confined fin-fish operations producing 1,000,000 pounds or more per year of whole fish or the processing of 500,000 pounds or more of whole fish per year will require a conditional use permit in the agricultural zoning district or as otherwise permitted by the zoning ordinance.

(h)

Environment. Confined fin-fish operations shall be conducted in accord with current best management practices without the use of unapproved pharmaceuticals, preventative antibiotics administered in the absence of infection, or growth hormones. The county recognizes Best Management Practices for Flow-Through, Net-Pen, Recirculating and Pond Aquaculture Systems and the American Fisheries Society Fish Culture Section's Guide to Using Drugs, Biologics and Other Chemicals in Aquaculture, February 2011, or as amended.

(Ord. of 11-14-2012)

For special use permits and conditional use permits that are industrial in nature, they must comply with the lighting requirements contained in section 106-139. For special use permits and conditional use permits that are business in nature, they must comply with the lighting requirements contained in section 106-412.

(Ord. of 05-19-2021(1))

All outdoor lighting shall be designed, located, aimed, and maintained in a manner that prevents excessive light spillage and glare on adjacent properties, neighboring areas, or motorists. This section shall apply to all properties, residential and non-residential, with the exception of outdoor lighting for civic uses; roadways, airports, temporary entertainment events, construction, and agricultural activities. In addition, this section shall not apply to emergency lighting or lighting activated by motion sensor devices. Nothing herein shall exempt any person or entity from complying with more stringent or specific lighting standards set out in other sections of this chapter.

(Ord. of 05-19-2021(1))