901.01. Intent. Special requirements are designed for accessory and temporary buildings to insure ample access for emergency vehicles, maintain the effectiveness of rear and side yard requirements and insure accessory structures remain secondary in function to the main building.

901.02. Accessory buildings. The location of accessory buildings and uses in residential districts must meet the following restrictions:

1.

Where an accessory building is attached to the main building, a substantial part of one (1) wall of the accessory building shall be an integral part of the main building or such accessory building shall be attached to the main building in a substantial manner by a roof, and therefore such attached accessory building shall comply in all respects with the requirements applicable to the building.

2.

A detached accessory building shall not be closer than fifteen (15) feet to rear lot line. Accessory building shall not be closer to a lot line than the setback line for side yards for the district in which the lot is located. Additionally, no building housing livestock shall be placed within two hundred (200) feet of a lot line located within or abutting any institutional, residential, or business district.

3.

A detached accessory building, not more than two (2) stories in height, may be constructed on not more than thirty (30) percent of the rear yard.

4.

No detached accessory building may be located in the front yard of a lot.

5.

A detached accessory building under two hundred fifty-six (256) square feet in size shall not be located closer than fifteen (15) feet to the main building, unless the structure meets required fire separation as prescribed by the Virginia Statewide Building Code.

6.

Accessory structures may be located on properties with internal lot lines, provided that the accessory structure is located on a lot also containing a main structure, and all remaining setback to the external property lines are met.

7.

Radio and television satellite dish antennas may be permitted as accessory uses provided such antennas shall conform to all appropriate yard requirements for the district in which the lot is located. The installation of a radio or television satellite dish antenna shall not be closer to the right-of-way than the front line of the main structure. The installation of a satellite dish antenna shall be permitted in accordance with the Virginia Statewide Building Code.

901.03. Temporary buildings. Temporary buildings may be permitted in any district when used in conjunction with the construction work only, but shall be removed immediately upon completion of construction.

(Ord. No. 2019-0009, § 1, 8-20-19)

902.01. Intent. Special requirements are imposed on automobile service stations because of the potential dangers and nuisances caused by high traffic volume, repair of machinery and flammable products.

902.02. Location. The building and service area (to include all automotive maintenance, cleaning and pumping of gasoline) shall not be within one hundred (100) feet of any residential lot or any property containing a school, public playground, church, hospital, public library or institution for children or dependents.

902.03. Site requirements. An automobile service station shall have a minimum frontage of one hundred twenty (120) feet and a minimum area of twelve thousand (12,000) square feet. All buildings shall be set back forty (40) feet from the right-of-way line of any road or street right-of-way lines. All canopies shall be set back twenty-five (25) feet from all road or street right-of-way lines.

902.04. Access to site. All ingress and egress to and from public streets and alleys at the automobile service station shall meet the specifications of section 33.1-198 of the Code of Virginia, 1950, as amended, and the Minimum Standards of Entrances to State Highways and be approved by the resident engineer.

902.05. Gasoline pump islands. All gasoline pump islands shall be set back at least twenty-five (25) feet from the road or street right-of-way line. Where pump islands are constructed perpendicular to the right-of-way line, the pump island shall be set back at least thirty (30) feet from the road of street right-of-way line.

902.06. Off-street parking. A minimum of four (4) off-street parking spaces are required with an additional off-street parking space for each automobile service bay.

902.07. Other site improvements. In addition to the above requirements the following additional site improvements shall be required:

1.

Exterior lighting shall be arranged so that it is deflected away from adjacent properties.

2.

All drives, parking, storage and service areas shall be improved surface.

903.01. Intent. The special provisions in this section are designed to accommodate the unique mixture of uses and services available at truck stops. Requirements also serve to protect the surrounding areas from potential dangers and nuisances caused by fuel storage and large vehicle operations.

903.02. General requirements. Truck stops, where permitted, must meet the following special requirements:

1.

The property line of truck stops shall directly front on the right-of-way of a U.S. four-lane primary highway. If direct access to the main roadway is not available, adequate road structure for both weight and volume shall be available before truck stop operations begin.

2.

Truck stops shall have parking facilities and adequate maneuvering space for no less than three (3) combination tractor trailers. Pump areas shall not count as parking areas.

3.

Exterior lighting shall be arranged so that it is deflected away from adjacent properties.

4.

All ingress and egress to and from public streets and alleys shall meet the specifications of Section 33.1-198 of the Code of Virginia, 1950, as amended, and the Minimum Standards of Entrances to State Highways and be approved by the resident engineer.

903.03. Truck stop uses.

1.

Notwithstanding the uses specified with each district, motel units and restaurants shall be permitted within truck stops.

2.

Truck stops shall not include painting nor major repair of machinery unless otherwise specified within the district.

904.01 Intent. The special provisions for campgrounds are designed to encourage the compatibility of these parks with surrounding land uses, maintain a safe and healthy atmosphere, minimize adverse environmental impacts and stabilize demand on local public services.

904.02. Use. Campgrounds shall be used only by travel trailers, pick-up coaches, motor homes, camping trailers, other vehicular accommodations, tents, cabins and other structures suitable for temporary habitation and used for travel, vacation and recreation purposes. The maximum stay on any one (1) campground site within the park shall be one hundred and twenty (120) days. The removal of wheels and placement of a vehicular unit on a foundation in such park is prohibited.

904.03. Site plan. The site plan, prepared in accordance with Article XI herein, shall include proposed facilities for sanitation, solid waste, drainage and fire prevention. Site plans shall meet the requirements of the Erosion and Sediment Control Handbook and shall be approved by the health department and the local fire department.

904.04. Area and site regulations. Area of the campground shall be no less than three (3) acres. Density shall be no more than fifteen (15) sites per acre. Each campground site of space shall be at least two thousand five hundred (2,500) square feet in area. Each site shall contain a stabilized vehicular parking pad of packet gravel, paving or other suitable material. No part of a travel trailer or other unit placed on a campground site shall be closer than twenty (20) feet to the adjacent site within the development. Prior to first occupancy, a certified statement of compliance shall be obtained from the zoning administrator.

904.05. Location and access. A campground shall be so located that no entrance nor exit from a park shall discharge traffic into any residential district nor require movement of traffic from the park through a residential district. A campground shall have a minimum of one hundred (100) feet of frontage on a public street. Entrances and exits to campgrounds shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with free movement of traffic on adjacent streets. All traffic into or out of the campground shall be through such entrances and exits. No entrance nor exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached. All ingress and egress to and from public streets and alleys shall meet the specifications of Section 33.1-198 of the Code of Virginia, 1950, as amended, and the Minimum Standard of Entrances to State Highways and be approved by the resident engineer.

904.06. Accessory uses. Each campground shall have at least one (1) telephone and one computer with internet available for public use. Management headquarters, manager's residence, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities, stores and other uses and structures customarily incidental to operations of a campground are permitted as accessory uses to the park, subject to the following restrictions:

1.

Such establishments (excluding recreational facilities) and the parking areas primarily related to their operation shall not occupy more than ten (10) percent of the gross area of the campground.

2.

Such establishments shall be restricted in their use to occupants of the campground.

3.

Such establishments shall present no visible evidence from any street outside the campground of the commercial character which would attract customers other than occupants of the campground.

4.

The structures housing such facilities shall not be located closer than one hundred (100) feet to any public street and shall not be directly accessible from any public street, but shall be accessible only from a street within the campground.

904.07. Streets. Streets within campgrounds shall be constructed with a stabilized travel way (packed gravel, marl, paving or other suitable material) and shall meet the following minimum stabilized travel way width requirements:

904.08. Buffers. Campgrounds shall be enclosed by a fence, wall, landscape screening, earth mounds or by other designs from all adjacent properties and public rights-of-way in a manner that will complement the landscape and assure compatibility with the adjacent environment.

904.09. Recreation facilities. A minimum of eight (8) percent of the gross site area for the campground shall be set aside and developed as common use areas for open spaces or recreation facilities. No campground site, required buffer strip, street right-of-way storage area nor utility site shall be counted as meeting open space or recreation purposes.

(Ord. No. 2016-0008, § 1, 6-21-16; Ord. No. 2022-0010, § 1, 8-16-22)

905.01. Intent. It is recognized that home occupations provide valuable services while providing income for county residents. The regulations in this section seek to prevent conflict of the home occupation with the surrounding residential area and to insure that the home occupation maintains a secondary posture to the main residential use.

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

1.

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

2.

The home occupation shall be operated only by the members of the family residing on the premises and no article or service shall be sold nor offered for sale except as may be made by members of the immediate family residing on the premises.

3.

The home occupation shall not generate excessive traffic nor produce obnoxious odors, glare, noise, vibration, electrical disturbance, radio activity or other conditions detrimental to the character of the surrounding area.

4.

Restriction on home occupations shall not apply to the sale of unprocessed agricultural and husbandry products.

905.03. Special requirements:

1.

The home occupation within the main building shall not occupy more than twenty-five (25) percent, or five hundred (500) square feet, whichever is smaller, of the floor area within the main building.

2.

The home occupation located in an accessory building to the main dwelling shall be no larger than one-third (⅓) area size of the main dwelling, shall be located in the rear yard, and shall meet the requirements in Section 901 herein.

905.04. Expiration. A zoning permit for home occupations shall expire under the following conditions:

1.

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

2.

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

All multi-family, herein defined as four (4) or more dwelling units contained in one (1) building, shall meet the following special requirements. These requirements shall apply to any structure of similar use, physical structure and character, regardless of the type of ownership.

906.01. Multi-family development utilities and streets. All multi-family developments shall meet the following minimum requirements for utilities and streets:

1.

All units shall be connected to water and sewerage systems approved by the health department and shall be open to inspection.

2.

The site storm drainage system shall drain to any existing natural drainage system. On-site retention of stormwaters is encouraged provided that it is in compliance with requirements of Section 15.1-1115 of the Code of Virginia, 1950, as amended, and the sediment basin design standards of the Erosion and Sediment Control Handbook. All storm drainage facilities shall meet the requirements of the health department. Curbs and gutters, if provided, and curb cuts shall meet the specifications of Section 33.1-198 of the Code of Virginia, 1950, as amended, and the Minimum Standards of Entrances to State Highways and be approved by the resident engineer.

906.02. Amenities. All multi-family developments shall meet the following minimum requirements for open space, recreation and other amenities:

1.

Open space areas, excluding those portions of the multi-family development occupied by multi-family dwellings, accessory buildings, driveways, or parking areas, and including outdoor recreation areas, shall meet the following requirements:

a.

Provision shall be made for common open space such that one (1) percent of the gross area of the site shall be devoted to common open space for each dwelling unit per acre of density. For example, if the density of the development is eight (8) units per acre, at least eight (8) percent of the development shall be devoted to common open space. Common open space shall not include areas included in minimum yard area requirements.

b.

In multi-family developments of over one hundred fifty (150) units in size, provision shall be made for adequate supervision of recreational areas.

c.

Tot lots and swimming areas shall be adequately enclosed, and all recreational areas shall be located away from the concentrations of vehicular traffic.

2.

Fencing or vegetative screening shall be provided to a height of six (6) feet and of such a density that no part of the development shall be visible to a casual observer on any side of the development abutting any yard of a residential or nonresidential structure. Provided that where natural features such as topography or natural vegetation are preserved and prevent the development from being casually visible from adjoining properties, the board of appeals may waive requirements for screening. Fencing where required shall be maintained in a safe condition, shall be painted, and shall be kept in good repair.

3.

Paved common walks of a width of at least four (4) feet shall be provided on at least one (1) side of all streets, and wherever concentrations of pedestrian traffic can be expected, as between recreational facilities, walks may be incorporated into the street curb. Walk grades shall not exceed ten (10) percent; lights shall be provided sufficiently to illuminate steps.

907.01. Intent. Section 907 of the zoning ordinance shall be designated the sign ordinance. The intent of the sign ordinance is to authorize signs that do not compromise public health, welfare, and safety, and which create a more attractive business climate and protect the natural beauty of the county. Signage that by reason of its location, size, number or manner of display endangers the public, obstructs views of scenic beauty, or detracts from the neighborhood and surrounding area shall not be authorized under the county's permitting process.

907.02. General requirements.

a.

All signs, unless otherwise specified in the sign ordinance, are subject to the permitting procedure required in Section 1003 of the zoning ordinance.

b.

Applications for a zoning permit for a sign shall be accompanied by a minor site plan and by a seventy-five dollar ($75.00) fee as provided in Section 1009.03 of the zoning ordinance, except that applications submitted by or on behalf of a religious assembly or religious institution for a sign not exempted from regulation pursuant to subsection 8 of Section 907.03 may be accompanied by a sketch or narrative describing the proposed locations, sizes, and content of such signs, and by a twenty-five dollar ($25.00) fee.

c.

The zoning administrator may require, as a condition of permitting certain off-site directional signs, that such signs not be visible from surrounding residences.

d.

All signs, whether permanent or temporary, shall comply with the applicable requirements of the county building code and any applicable regulations promulgated by the Virginia Department of Transportation pursuant to Title 33.1, Chapter 7, §§ 33.1-351 et seq. of the Code of Virginia (1950), as amended.

e.

The following signs shall not be permitted:

1.

Portable signs with an area larger than thirty-two (32) square feet.

2.

Signs attached to a roof which extend above the peak of the roof.

3.

Signs that obstruct the ability to see oncoming motor vehicle traffic at any intersection or entrance to a property.

907.03. Exempt signs. The following signs are permitted and exempt from the zoning and building permit process. These signs shall conform to all other applicable standards established pursuant to the sign ordinance except as otherwise provided in this ordinance.

1.

Real estate signs not exceeding six (6) square feet in area for residential properties or thirty-two (32) square feet in area for commercial properties. Only two (2) such signs are allowed per parcel.

2.

Political campaign signs.

3.

Identification or address signs, not exceeding two (2) square feet in area.

4.

Construction signs pertaining to on-site activity that do not exceed thirty-two (32) square feet in area.

5.

Nonilluminated, nonportable signs identifying religious assemblies or religious institutions, which signs: (i) are affixed to the site at which the assembly or institution is located, and (ii) do not exceed thirty-two (32) square feet in area.

6.

In agricultural areas, non-illuminated signs that advertise products which have been produced on the premises from on-site resources, which signs: (i) are affixed to said premises, and (ii) do not exceed thirty-two (32) square feet in area.

7.

On-site directional signs, as follows:

a.

One (1) for each on-site intersection requiring visual prompting. All directional signs are limited to a maximum width of eighteen (18) inches and a maximum height of forty-two (42) inches.

b.

Temporary non-commercial signs which: (i) describe a specific event or activity; (ii) are displayed for no more than thirty (30) days in any given twelve-month period; and (iii) do not exceed eighteen (18) inches in width and forty-two (42) inches in height.

8.

Off-site directional signs which: (i) are no larger than four (4) square feet in total area; (ii) do not rise more than four (4) feet above the ground; (iii) contain the name, address or other descriptive information for a religious assembly or religious institution and are erected to guide people to that religious assembly or religious institution; (iv) are located outside the public right-of-way and any public utility easement; (v) are spaced at least three hundred (300) feet from one another; and (vi) appear once on any given street. The provisions of this subsection shall not be construed as authorizing the placement of any such signs on private property where the property owner has not consented to such placement. Any dispute as to such consent shall be resolved through dispositive evidence of written consent produced by the party seeking to erect the sign.

9.

Sign refacing.

10.

Signs that are subject to the regulations of federal, state and local regulations. Such signs include, but are not limited to, signs that direct or regulate pedestrian or vehicular traffic, community identification signs that identify the location of buildings and facilities or scenic or historic attractions, and similar types of signs.

907.04. Standards. All signs erected in the County of Amherst shall comply with the following standards, except as otherwise provided in the sign ordinance.

1.

Illumination:

a.

The light from any illuminated sign shall not cause direct glare into or upon any building or property other than the building or property with which the sign is associated.

b.

No colored lights shall be used at any location or in any manner such that they could be mistaken for traffic-control devices.

c.

Neither the direct, nor reflected, light from primary light sources shall be such as to create a traffic hazard to operators of motor vehicles on public thoroughfares.

d.

Special exception permit required. An approved special exception permit is required for any sign to be located in an agricultural district that displays flashing or intermittent lights, or other lights of changing degrees of intensity, brightness or color.

2.

Setbacks and other:

a.

Generally. No signs or support structures shall impair or jeopardize adequate sight distance of traffic movement.

b.

Front yard. No portion of any sign other than a freestanding pole type sign shall be located within eight (8) feet of the right-of-way of any public road. Freestanding pole type signs may be located within five (5) feet of the right-of-way of any public road if: (i) the structure's sign face is at least seven (7) feet high from grade, and (ii) the pole and any pole skirt do not exceed eighteen (18) inches in width or diameter. This standard applies to both frontages on corner lots.

c.

Side yard. No portion of a sign shall be located within five (5) feet of a side property line.

d.

Rear yard. No portion of a sign shall be located within five (5) feet of a side property line.

3.

Number of signs. Excepting those signs exempted pursuant to section 907.03, there may be erected upon a given property no more than one (1) on-site freestanding sign for: (i) every public road contiguous to that property, or (ii) every main building which has frontage on a public road contiguous to that property.

4.

Area.

a.

The maximum area of on-site nonattached signs is determined by multiplying the width of the property along the frontage in feet by 0.5 (½), except that such sign area shall not exceed two hundred (200) square feet. Attached signs may cover a maximum of twenty (20) percent of the view of the structure to which it is attached.

b.

Off-site directional signs identifying a religious assembly or religious institution, which are not exempted from regulation pursuant to subsection 8 of section 907.03, shall not exceed eight (8) square feet in total area.

c.

Off-site directional signs identifying a civic organization shall not exceed eight (8) square feet in total area.

d.

Off-site directional signs identifying any organization other than a religious assembly or religious institution, or civic organization, shall not exceed two (2) square feet in total area.

5.

Height.

a.

On-site attached signs shall not extend above the eaves of the roof and shall not project above the height of the roof peak of the principal on-site building.

b.

The maximum allowable height of freestanding signs shall be determined by the distance of the sign from the nearest right-of-way, as follows:

i.

If the sign is located at least eight (8) but not more than twelve (12) feet from the right-of-way, the maximum height shall not exceed twelve (12) feet;

ii.

If the sign is located more than twelve (12) feet but less than sixteen (16) feet from the right-of-way, the maximum height shall not exceed sixteen (16) feet; and

iii.

If the sign is located more than fifteen (15) feet from the right-of-way, the maximum height shall not exceed twenty (20) feet.

c.

Height shall be measured as follows:

i.

If the sign's location is at or above the grade of the primary road from which the sign is intended to be read, height shall be measured from the ground on which the sign base sits.

ii.

If the sign's location is below the grade of the primary road from which the sign is intended to be read, height shall be measured from the elevation of that primary road.

d.

Off-site directional signs shall not exceed six (6) feet in height.

6.

Location.

a.

No portion of any sign shall be located in a public utility easement.

b.

An off-site directional sign identifying any organization other than a religious assembly or religious institution, or civic organization shall not be located at any place other than the intersection of two (2) or more public streets.

c.

All off-site directional signs not located at an intersection shall be spaced at least three hundred (300) feet from one another.

907.05. Nonconforming and illegal signs.

(a)

A sign erected without a permit that is required to have a permit is an illegal sign.

(b)

A sign that is subject to a condition that was imposed or accepted as part of any land use decision made prior to September 20, 2005, shall continue to be subject to the condition and such condition shall supersede any corresponding requirement specified in this ordinance. If there is a conflict between a condition and this ordinance, then the conditions shall apply. If there is no condition which addresses a specific requirement, then the requirement of this ordinance shall apply.

(c)

Any sign not lawfully existing prior to September 20, 2005, may be made legal only through issuance of a permit pursuant to this ordinance.

(d)

Any sign lawfully existing prior to September 20, 2005, which does not comply with the requirements of this ordinance as amended on that date, shall be deemed to be a nonconforming sign and may continue subject to the following conditions:

(1)

The sign shall be properly maintained.

(2)

If the sign is enlarged or altered structurally for reasons other than repair or refurbishment, the sign must come into compliance with all requirements of this ordinance, as amended.

(3)

If the sign is repaired or refurbished at a cost in excess of fifty (50) percent of the replacement costs of the total sign structure (excluding the cost of sign faces) the sign must be brought into compliance with this ordinance's requirements.

Costs associated with normal maintenance and refacing of outdoor advertising signs shall not be deemed to be repair or refurbishing costs.

(4)

The zoning administrator shall permit nonconforming signs and their structures that are damaged by either an act of God or through no fault of the property owner to be reconstructed to their previous nonconfirming conditions. A zoning permit shall be required for such construction.

(e)

A nonconforming sign may be refaced without affecting its nonconforming status.

(f)

A new tenant in a multi-tenant building may erect new building mounted signs in conformance with this ordinance without affecting the nonconforming status of other signs on the building.

(g)

A nonconforming sign may be replaced under the following conditions:

(1)

The sign is brought into conformance with this ordinance; or

(2)

The area and height of the sign are reduced by fifty (50) percent of the amount the size and height exceed the current ordinance and all other requirements of this ordinance are met.

(h)

A business that has closed shall be required to remove any on-site or off-site signs including sign structures associated with the business within four (4) months of the date of the business closure.

(i)

All nonconforming off-site signs lawfully existing prior to September 20, 2005, may remain in place after becoming nonconforming, provided that they are maintained in accordance with this ordinance.

907.06 Abandoned signs. Any nonconforming sign or sign structure that advertises an event, product or business that no longer exists for a period of at least twenty-four (24) months shall be considered abandoned. Abandoned signs and sign structures shall be removed by the property owner within thirty (30) days of issuance of a notice by the zoning administrator.

(Ord. of 8-20-02; Ord. of 5-17-05; Ord. of 10-18-05(8); Ord. of 11-21-06(5); Ord. of 3-16-10(3); Ord. of 12-21-10, § 3; Ord. No. 2012-0011, § 1, 8-21-12; Ord. No. 2013-0011, § 1, 10-15-13; Ord. No. 2015-0011, § 2, 11-17-15; Ord. No. 2022-0001, § 1, 3-15-22)

908.01. Manufactured homes. Manufactured homes located in the county after the date of enactment or amendment of this ordinance shall meet the following requirements:

1.

All manufactured homes shall meet the plumbing requirements and the electrical wiring and connection requirements of the building code and the construction, blocking and anchoring requirements of the Virginia State Corporation Commission; and shall display the seal of a testing laboratory approved by the Commonwealth of Virginia.

2.

All manufactured homes shall be completely enclosed with metal skirts, concrete blocks, ornamental wood, stone, or other similar material, in such a manner that no part of the undercarriage shall be visible to a casual observer, in accordance with methods and materials approved by the building inspector.

3.

All manufactured homes must use and be secured with proper tie-down equipment.

4.

Manufactured homes units located outside of a manufactured home park shall be subject to the following additional conditions:

a.

The lot area and dimensions must meet the requirements of a single-family dwelling unit within the district in which the manufactured home unit is to be located.

b.

In no case shall the unit be located within thirty (30) feet of any permanent type of building.

c.

The provisions in Section 408 herein shall be met in the case where more than one (1) additional manufactured home and/or single-family dwelling are located on a single lot.

908.02. Manufactured home accessory structures. All manufactured home accessory structures erected or constructed in any new or existing manufactured home park after the date of enactment or amendment of this ordinance must meet the following requirements:

1.

All manufactured home accessory structures must meet the plumbing, electrical connection wiring, construction and other applicable requirements of the county building code.

2.

Manufactured home accessory structures, except armadas, shall not exceed the height of the manufactured home.

3.

No accessory structure shall be erected or constructed on any manufactured home lot except as an accessory to a manufactured home.

4.

Porches may be placed adjacent to manufactured homes provided they are constructed in accordance with the provisions of the county building code.

908.03. Manufactured home park area requirements. Within a manufactured home park, the following area requirements shall apply:

1.

The minimum area for each manufactured home park shall be one (1) acre with a minimum of three (3) manufactured home stands and a maximum of five (5) manufactured home stands per acre; and the minimum lot width for portion used for entrance and exit to a public road shall be fifty (50) feet.

2.

The minimum lot area of each individual manufactured home lot shall be three thousand six hundred (3,600) square feet for units less than twenty (20) feet wide and six thousand (6,000) square feet for units twenty (20) feet wide or wider.

3.

No manufactured home and an accessory building shall occupy more than thirty (30) percent of the area of the lot on which it is situated.

4.

The minimum length of a manufactured home lot shall be ninety (90) feet; the minimum width shall be forty (40) feet. On all lots larger than the minimum, the ratio of length to width shall not exceed 2.2 to 1.0.

5.

No more than one (1) detached manufactured home accessory structure shall be permitted on any manufactured home lot.

908.04. Manufactured home park setback requirements. All manufactured home parks shall meet the following minimum setback requirements:

1.

No manufactured home unit, management office, or other structure except decorative fencing, lighting, wall, entrance or other decorative feature shall be located closer than thirty-five (35) feet to a street right-of-way line of a public road with a right-of-way of fifty (50) feet or greater, nor closer than sixty (60) feet to the centerline of a public road with a right-of-way of less than fifty (50).

2.

No main or accessory structure shall be located closer than twenty-five (25) feet to the property line of the manufactured home park.

3.

No manufactured home shall be placed within twenty (20) feet of another manufactured home nor closer than ten (10) feet to the manufactured home lot line.

908.05. General requirements for manufactured home park.

1.

No park may be a closed park where entry is denied anyone who has not purchased his home from the dealer, park owner or operator. No park may also serve as a general retail or wholesale demonstration or storage area for manufactured homes.

2.

Every manufactured home lot shall be clearly defined on the ground by permanent markers. There shall be posted and maintained in a conspicuous place on each lot a number corresponding to the number of each lot as shown on the site plan submitted so that each lot may be easily identified.

3.

An internal street system shall be provided to furnish convenient access to manufactured home lots and other facilities in the park shall be designed such that connection to existing drainage and utility systems is convenient, and shall meet the following requirements in addition to such other reasonable standards and requirements as may be recommended by the resident engineer:

a.

All internal streets shall be permanently paved with plant bituminous material or other hard durable surface which shall be maintained free of cracks and holes and the edges of which shall be protected from raveling. Minimum pavement widths shall be eighteen (18) feet. Widths shall be measured from curb face to curb face.

b.

No on-street parking shall be permitted.

c.

Dead-end streets shall be limited in length to four hundred (400) feet, shall be provided with cul-de-sacs with turning areas of not less than forty (40) feet in radius, or with "T" or "Y" turning areas, and shall provide access to no more than twenty (20) manufactured home lots.

d.

Streets shall be approximately at right angles at and within one hundred (100) feet of street intersections. Offsets at intersection of less than one hundred twenty-five (125) feet from centerline to centerline and intersections of more than two (2) streets at one (1) point shall be avoided.

e.

Streets shall be adapted to the topography, shall follow the contours of the land as nearly as possible, and shall have safe grade and alignments. No grade shall exceed twelve (12) percent or no curve shall have an outside radius of less than eighty (80) feet.

f.

Lighting shall be provided in such a way as to produce a minimum of 0.1 foot candles at street level throughout the system, with at least 0.3 foot candles at street intersections, park entrances and other potentially hazardous locations in or around the park.

g.

Entrances shall be provided in sufficient numbers to insure safe and convenient access and egress. Where the proposed park adjoins two (2) or more public roads, entrance shall be provided on at least two (2) public roads where possible, provided that the internal street system shall be so designed as to discourage through traffic. Entrances shall be no closer than one hundred twenty-five (125) feet from an existing public road intersection.

4.

An adequate supply of water approved by the State Health Department shall be furnished from a public water supply system, or from a private water system, or from a private water system conforming to all applicable laws, regulations, resolutions, and ordinances with water connections located on each mobile home lot. All water lines shall be made frost-free.

5.

In each manufactured home park, all wastewater from a faucet, toilet, tub, shower, sink, slop sink, drain, washing machine, garbage disposal unit or laundry shall empty into a sewer system approved by the health department.

6.

Each manufactured home park shall provide door-to-door garbage pickup for disposal in approved containers at a central location within the manufactured home park or provide adequate number of trash containers as specified by the county administrator or the Amherst County Service Authority, so located to allow the county to collect and dispose of the solid waste generated by park residents only or by private contract for disposal in accordance with applicable state and local laws.

7.

There shall be provided a minimum of thirty thousand (30,000) square feet of developed recreational area, exclusive of required setback and yard requirements, per each twenty-five (25) manufactured home lots or multiple or fraction thereof.

8.

All utilities shall be underground, except control instrumentation and substations which must be screened by planting or ornamental walls. No overhead wires are permitted within the park.

9.

Fencing or vegetative screening shall be provided to a height of six (6) feet and such a density that no manufactured home or manufactured home accessory structure shall be visible to a casual observer on any side of a manufactured home park abutting the backyard of a residential structure or the side yard of a residential structure provided the screening does not extend beyond the setback line of the structure. Provided that where natural features, such as topography, adjoin properties, the zoning administrator may waive requirements for screening. Fencing where required shall be maintained in a safe condition, shall be painted and shall be kept in good repair.

908.06. Park management requirements. The management of manufactured home parks shall be in accordance with the following requirements:

1.

The minimum number of manufactured home lots and stands completed and ready for occupancy before the first occupancy is permitted shall be twelve (12) and no lot or stand shall be rented for a period of less than sixty (60) days. Prior to first occupancy, a certified statement of compliance shall be obtained from the zoning administrator.

2.

Permanent buildings housing management offices, child care centers, laundry facilities, or indoor recreational facilities or other service facilities may be permitted in manufactured home parks provided such facilities:

a.

Shall meet parking requirements for such facilities as specified in Section 702 herein;

b.

Shall be subordinate to the residential use and character of the park;

c.

Shall be located, designed and intended to serve the service needs of persons residing in the park;

d.

Shall present no visible evidence of their nonresidential character to any area outside the park;

e.

Shall meet all applicable federal, state and local requirements pertaining to such uses; and

f.

Shall not occupy more than ten (10) percent of the area of the park.

908.07. Manufactured home park site plan. Applicants for manufactured home parks shall follow site plan procedures outlined in Article XI herein and, in addition, shall meet the following special requirements:

1.

The name of the proposed park shall be included on the site plan and shall not closely approximate that of any existing manufactured home park or subdivision in the county or in neighboring jurisdictions.

2.

The location and dimensions of all existing street right-of-ways, easements, water, sewerage, drainage facilities and other community facilities and utilities adjacent to the proposed park shall be included on the site plan.

3.

All existing significant natural and historical features on or adjacent to the proposed park including, but not limited to, views from the property and views from adjoining properties that might be affected by the proposed park shall be included on the site plan.

4.

The proposed layout shall include interior streets with dimensions and such typical street cross sections and centerline profiles as may be required in evaluating the street layout; interior monuments and lot lines, dimensions, and areas of manufactured home lots, common parking areas and other common areas; locations and dimensions of manufactured home stands and parking spaces, management offices, laundry facilities, recreation buildings and other permanent structures; location and nature of fire-fighting facilities including hydrants, fire extinguishers and other fire-fighting equipment; location of fuel storage facilities and structures of high flammability; and location and dimensions of landscaping amenities including street lights, sidewalks, planted areas, significant natural features to be retained and fencing and screening.

5.

A narrative statement shall be included describing how the standards and requirements set forth herein are to be met; a statement from the health department certifying approval of the proposed site plan; and a statement from the resident engineer certifying that all ingress and egress to and from public streets and alleys meet the specifications of Section 33.1-198 of the Code of Virginia, 1950, as amended, and the Minimum Standards of Entrances to State Highways.

909.01. Intent of shopping center requirements. The shopping center requirements are necessary in order that a shopping center can be developed as a unit, with adequate off-street parking for customers and employees with appropriate landscaping and screening materials. The permitted uses identified in subsection 909.02 may not be listed in alphabetical order.

909.02. Uses.

A.

Permitted uses. Within a shopping center, the following uses are permitted as by right uses:

1.

Antique and gift shops.

2.

Appliance stores.

3.

Wearing apparel stores.

4.

Artist supplies.

5.

Automobile parking.

6.

Bakery goods stores.

7.

Banks.

8.

Barber shops.

9.

Beauty shops.

10.

Book and/or stationery stores.

11.

Bowling alleys.

12.

Camera shops.

13.

Catering establishments.

14.

Cleaning and pressing establishments.

15.

Drug store or fountain.

16.

Dry goods stores.

17.

Dairy products or ice cream.

18.

Delicatessen.

19.

Department stores.

20.

Florist shop.

21.

Furniture store.

22.

Grocery stores.

23.

Hardware stores.

24.

Hobby stores.

25.

Jewelry stores.

26.

Liquor stores.

27.

Meat markets.

28.

Medical clinic or office.

29.

Music stores.

30.

Newspaper or magazine sales.

31.

Notions stores.

32.

Optometrist offices.

33.

Package stores.

34.

Paint and decorating shops.

35.

Pet stores.

36.

Photography studios.

37.

Pharmacies.

38.

Radio and television sales and service.

39.

Restaurants.

40.

Self-service laundry or dry cleaning.

41.

Sewing machine sales and service.

42.

Shoe store or repair shops.

43.

Sporting goods sales.

44.

Specialty shops.

45.

Supermarkets.

46.

Tailor shops.

47.

Toy stores.

48.

Variety stores.

48.1.

Videotape sales and rental establishments.

49.

Professional and business offices.

50.

Public utilities lines.

51.

Office uses, provided that the total floor area of such uses shall not exceed twenty-five (25) percent of the gross floor area of the shopping center.

52.

Automobile service station, provided that it is designed as an integral part of the shopping center and meets the requirements within Section 902 herein.

53.

Accessory buildings, structures and uses customarily incidental to the uses enumerated herein above.

54.

Signs as provided in Section 907 herein.

55.

Churches.

56.

Community centers.

57.

Day care centers.

58.

Health clubs.

B.

Special exception use. Within a shopping center, any use which the zoning administrator determines is consistent with the statement of intent for a shopping center and is of the same general character as a permitted use may be permitted as a special exception use. Any provisions in the Code applicable to the permitted use which the zoning administrator determines is most consistent with the proposed use shall be made applicable to the proposed use to the greatest extent reasonable.

909.03. Minimum lot area. The parcel of land in which a shopping center is located shall not be less than ten (10) acres.

909.04. Rear yards. It is intended that the grouping of buildings and parking areas be designed to protect residential areas abutting or nearby, and that screening be provided where necessary, provided that in no case shall the design of the shopping center provide less than the following standards:

1.

There shall be a side yard, rear yard, alley, service court or combination thereof of not less than thirty (30) feet in depth.

2.

The service area of all buildings shall be completely screened from public view, with permanent ornamental screening materials.

909.05. Maximum height regulations. No building or structure shall exceed sixty (60) feet in height, except as allowed in Sections 803 and 907 herein.

909.06. Building and construction setback. All buildings, parking lots and other forms of construction shall have a minimum setback of one hundred fifty (150) feet from the right-of-way of arterial highways, such as U.S. 60 and U.S. 29. All buildings will have a setback of twenty-five (25) feet from other street right-of-way lines, or property lines, unless adjacent to a residential district, then the setback shall be seventy-five (75) feet.

909.07. Screening and landscaping. A shopping center shall be permanently screened from adjoining residential districts by a wall, fence, evergreen hedge and/or other suitable enclosure of a minimum height of seven (7) feet at the original elevation of the property line. A landscaped area at least ten (10) feet in depth, exclusive of sidewalks, must be provided along street frontage and must be located between the curb line and a line parallel to and twenty (20) feet inside the property line; other landscaping and/or screening may be required.

909.08. Shopping center site plan. In addition to the site plan review requirements of Article XI herein, an application for review and approval of the site development plan for a shopping center shall include the following:

1.

A general land use map of the surrounding area showing the relationship between the proposed center and traffic arteries public transportation, neighboring land uses, available community facilities and topographic features;

2.

The arrangement of buildings, types of shops and stores, design and circulation pattern of the off-street parking area, landscaped yards, ornamental screening, service courts, and the relationship of the center development to the adjacent areas which it may affect; and

3.

The developer shall be required to present signed lease arrangements with at least four (4) tenants, one (1) of which shall be the leading tenant; or other evidence that clearly indicates to the commission the ability and intent of the developer to carry out the development of the center in accordance with the requirements of this article.

909.09. Developmental progress requirements. The developer shall obtain a building permit for the shopping center in accordance with the requirements of this article, and shall begin construction of the shopping center within one (1) year after approval of the special exception and shall make reasonable and continuous progress toward completion. The following conditions to the contrary shall apply:

1.

If the center is not under construction within the time specified herein, the planning commission shall review the status of the project, and if it finds the developer cannot proceed immediately in conformity with the requirements of this ordinance, it shall so report to the supervisors, who may revoke the special exception.

2.

Any substantial deviation from the plans submitted and approved shall constitute a violation of the building permit authorizing construction and a violation of this article. Substantial changes in plans must be submitted to the planning commission to insure compliance with the intent and requirements of this section and of this article.

3.

No building permit shall be issued for any construction not in substantial conformity to the approved plan. All building permits shall be valid for twelve (12) months from date of issue and can be renewed for an additional twelve (12) months following planning commission review.

909.10. Revocation of a rezoning. Within two (2) years after land has been properly rezoned to allow a shopping center as a special exception, the developer shall make application for review and approval of the shopping center site development plan and of a special exception. If such application has not been made or an extension of time not granted, the land may be rezoned, according to law, and returned to its previous district designations.

(Ord. No. 2014-0009, § 4, 5-20-14)

Extraction of natural resources shall include removal of soil, sand, gravel, or stone by excavating, stripping, quarrying and mining together with necessary buildings, machinery and appurtenances related thereto, but no including excavation for construction of agricultural purposes.

910.01. No extraction or processing of natural resources may be conducted within one hundred (100) feet of a property line except in operations that cross property lines.

910.02. Vegetation shall be retained and/or fully developed to screen extraction processes from nearby residential areas and adjoining roadways.

910.03. Quarry areas being excavated shall be entirely closed within a fence located at least ten (10) feet back from the edge of any excavation.

910.04. At the time of obtaining a zoning permit, the operators or owners of the quarry shall present to the commission comprehensive plans and proposals for the reuse of the property at the cessation of the quarry operations.

910.05. Any extension of quarrying operations beyond the property liens actually being quarried at the effective date of this article shall be considered as a new operation and shall obtain a zoning permit, such permit to be renewed every two (2) years, or at such longer interval as may be specified by the commission.

910.06. If quarrying operations are discontinued for a period exceeding one (1) year, all excavated areas must be returned to a safe condition with adequate vegetative care; and

910.07. The provisions of 45.1-180 et seq., Code of Virginia, 1950, as amended shall be met.

(Ord. of 10-21-08(2))

911.01. Intent of the planned unit development requirements. The planned unit development concept, hereinafter referred to as PUD, is established to encourage innovative and creative design and to facilitate use of the most advantageous construction techniques in the development of land for residential and other selected secondary uses. PUDs are intended to provide flexibility in the development of large tracts of land through the waiver of certain lot, setback and use restrictions, and should provide for increased amenities, safety and conveniences, reduced public and private costs and other public and private benefits.

911.02. Planned unit development designation. A development shall be designated a PUD only when it meets all requirements herein and is approved by the board of supervisors.

911.03. Permitted uses. Within a PUD, the following uses are permitted, subject to the approval of the board of supervisors:

1.

Single-family dwellings.

2.

Two-family dwellings.

3.

Multi-family dwellings.

4.

Townhouses.

5.

Condominiums.

6.

Commercial uses (including retail shops, specialty shops, convenience/grocery stores).

7.

Automobile service stations as provided in Section 902 herein.

8.

Swimming pools and tennis courts.

9.

Marinas, docks and boating facilities of a commercial or club type.

10.

Churches, manses, parish houses.

11.

Schools.

12.

Day care centers.

13.

Parks and playgrounds.

14.

Community centers.

15.

Theaters, indoor.

16.

Library.

17.

Signs as provided in Section 907 herein.

18.

Offices.

19.

Restaurants, cards, dining establishments.

20.

Lodging facilities.

21.

Golf courses, driving ranges, and club houses.

22.

Other compatible uses approved by the board of supervisors.

23.

Emergency services.

24.

Utilities intended to serve dwellings and businesses within their service are in the PUD.

25.

Private streets in accordance with Section 911.09.

26.

Accessory structures per Section 901.

27.

Time-share projects.

911.04. Minimum acreage of development. The minimum acreage for developing a PUD is fifteen (15) contiguous acres.

1.

Additional land area may only be added to an existing PUD if approved by the board as an amendment to the special exception authorizing the PUD, and provided the additional acreage is adjacent (except for public roads) thereto, forms a logical addition to the existing PUD, and is being developed by the same developer(s).

2.

Amendments to special exceptions must comply with the requirements of section 1003.03 related to special exceptions generally.

911.05. Density requirements. Within a PUD, the following maximum density requirements shall be adhered to:

911.06. Use coverage. The maximum, or minimum, coverage of the total land area being developed as a PUD shall not exceed the following:

1.

Residential uses—Maximum between 40% and 60%.

2.

Open space (excluding parking area)—Minimum of 20% usable area.

3.

Recreational uses (including golf courses [but not any accessory commercial uses])—-Minimum of 10% usable area.

4.

Commercial uses—Minimum of 10%.

5.

Other uses—Maximum of 10%.

911.07. Application of minimum lot area, lot width and yard setback requirements. The minimum lot area, lot width and yard setback requirements herein and in the county's subdivision regulations are hereby waived except as follows:

(a)

The minimum side yard setback shall be sixteen (16) feet at each end of a group of townhouse units.

911.08. Maximum height of buildings. Except as provided in Section 803 herein, the maximum height restrictions for residential and other uses within the PUD shall be as follows:

1.

Single-family dwellings .....35 feet.

2.

Two-family dwellings .....40 feet.

3.

Townhouses .....45 feet

4.

Multi-family dwellings (including condominiums) .....80 feet

5.

Other uses .....45 feet

911.09. Streets and utilities. All streets and utilities within the PUD shall meet the following requirements:

1.

The traffic circulation pattern, the street dimensions, curbs and gutters (if provided) and curb cuts shall meet the specification of the Virginia Department of Transportation and section 33.1-197 and 198 of the Code of Virginia, 1950, as amended, and the Minimum Standards of the Entrances to State Highways and be approved by the resident engineer. The Board of Supervisors may permit private roads designed to adequately handle projected traffic, as shown by a licensed engineer, and which will be perpetually maintained.

2.

All dwelling units shall be connected to water and sewerage systems approved by the health department and shall be open to inspection.

3.

If a single-family or a two-family dwelling cannot be connected to a public or common on-site sewerage system and must maintain a single on-site sewerage system, the lot area requirements of the respective zoning district in which the PUD is located shall prevail.

4.

All utilities shall be underground.

911.10. Parking requirements. Off-street parking and loading spaces shall meet the requirements set forth in Sections 602 and 603 herein. Required parking spaces shall be provided within the perimeter of the PUD and no farther than two hundred (200) feet from the facilities served. Off-street parking and loading areas shall be screened from residential areas and shall be designed to produce the minimum possible interference with pedestrian circulation within the PUD.

911.11. Maintenance of open space. The developer of the PUD shall establish a non-profit association, corporation, trust or foundation of all individuals or corporations owning property within the PUD to insure the maintenance of open spaces. Said organization shall conform to the following requirements:

1.

The developer must establish the organization prior to the sale of any lot or property and shall relinquish control of said organization when voted upon by the membership of the organization.

2.

Membership in the organization shall be mandatory for all property owners, present and future, within the PUD and said organizations shall not discriminate in its members or shareholders.

3.

The organization shall manage all open space, and recreational and cultural facilities, shall provide for the maintenance, administration and operation of said land and improvements and shall secure adequate liability insurance on the land and other common areas.

4.

The organization shall conform to the Condominium Act, Sections 55-79.39 through 55-79.103, Code of Virginia, 1950, as amended.

For all dwelling units within the PUD which are leased, the owners/managers of such units shall be responsible for such maintenance.

911.12. Other amenities. In addition to other requirements herein, all PUDs shall meet the following minimum requirements for recreation areas, screenings and walks:

1.

Tot lots and swimming areas shall be adequately enclosed, and all recreational areas shall be located away from the concentrations of vehicular traffic.

2.

Fencing or vegetation screening shall be provided to a height of six (6) feet and of such a density that no part of the development shall be visible to a casual observer on any side of the development abutting any yard of a residential or nonresidential structure. Provided that where natural features such as topography or natural vegetation are preserved and prevent the development from being casually visible from adjoining properties, the board of appeals may waive requirements for screening. Fencing where required shall be maintained in a safe condition, shall be painted, and shall be kept in good repair.

3.

Common walks or trails, either paved or unpaved, of a width of at least four (4) feet shall be provided on at least one (1) side of all streets, and wherever concentrations of pedestrian traffic can be expected, as between recreational facilities, walks and trails may be incorporated into the street curb. Walk grades shall not exceed ten (10) percent; lights shall be provided to sufficiently illuminate steps.

911.13. Application requirements.

1.

Planned unit developments shall be established by special exception in zoning districts where PUDs are permitted. The application for a PUD shall be accompanied by a development master plan.

2.

The development master plan shall contain the following data, together with supplementary data for a particular development, as reasonably deemed necessary by the planning director, or his agent.

a.

Development site information:

(i)

Vicinity map at a scale of not less than one (1) inch equals two thousand (2,000) feet.

(ii)

Boundary survey including area of the tract related to true meridian or U.S. Geological Survey State grid north.

(iii)

Total area of the tract.

(iv)

Abutting street names, widths, and route numbers.

(v)

Owners, zoning districts, and uses of each adjoining tract.

(vi)

Topographic map with maximum contour intervals of five (5) feet and a scale of not less than one hundred (100) feet to the inch.

(vii)

Flood plain limits.

b.

Development design information:

(i)

A concept plan, illustrating the location and functional relationship between all proposed land uses.

(ii)

Land use plan or plans showing the location and arrangement of all proposed land uses; the building setbacks from the development boundaries and adjacent streets, roads, alleys and ways; the proposed traffic circulation pattern including the location and width of all streets, driveways, walkways and entrances to parking areas; and all off-street parking and loading areas.

(iii)

A plan showing the location and design of all landscaping and screening.

(iv)

A plan or statement detailing the exact number of improved, developed and recreational open space, and all covenants, restrictions and conditions pertaining to the use, maintenance and operation of common spaces, and the percentage of the tract to be used as open space.

(v)

When the development is to be constructed in phases, a phasing plan and schedule shall be provided showing the order of development for each phase and the approximate completion date. A cost estimate for all on-site and off-site public improvements within each phase shall be submitted with the site plan for that phase.

(vi)

A plan or report indicating the extent, timing, and estimated cost of all on-site and off-site improvements such as roads, water, sanitary sewer, and drainage facilities necessary to construct the proposed development, said plan or report shall correspond to the sequence of development schedule if the development is to be constructed in phases.

(vii)

A statement showing the relationship of the planned development to the comprehensive plan.

(viii)

A traffic impact analysis.

911.14. Procedure.

1.

Applicants are required to meet with the planning staff and other qualified officials in a pre-application conference to review the proposed development master plan and original proposal prior to submittal. The purpose of such conference shall be to assist in bringing the application and material submitted therewith as nearly as possible into conformity with these or other regulations applying in the case, and/or to define specific variations from the application of these regulations which would otherwise apply which seem justified in view of equivalent service of the public purposes for such regulation.

2.

Application for PUD special exceptions shall be heard by the planning commission pursuant to the same procedure utilized for other special exception requests, including procedures adopted to comply with the notice provisions of the Code of Virginia, § 15.2-2204.

3.

In making a recommendation on a PUD, the planning commission shall specifically include findings as to:

a.

The suitability of the tract for the general type of PUD proposed in terms of its relation to the comprehensive plan, physical characteristics of the land, and its relation to surrounding area;

b.

Its relation to major roads, utilities public facilities and services;

c.

The adequacy of evidence on unified control and suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees or other instruments, or the need for such instruments or for such amendments in those proposed; and

d.

Specific modifications in PUD or general regulations as applied to the particular case, based on a determination that such modifications are necessary or justified by demonstration that the public purposes of PUD or general regulations as applied would be satisfied to at least an equivalent degree by such modifications.

4.

Based on such findings, the planning commission shall make a recommendation on the application which recommendation may include, the approval of the PUD special exception as proposed, approval conditioned upon stipulated modifications, or disapproval.

5.

On applications for PUD special exceptions, the board of supervisors shall proceed in general as provided for other applications for special exceptions, including provisions adopted to comply with the notice provisions of the Code of Virginia, § 15.2-2204.

6.

All terms, conditions, safeguards, and stipulations made at the time of PUD special exception approval including the approval of the development master plan, with or without specified modifications, shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirements, conditions or safeguards shall constitute a violation of these zoning regulations.

7.

The granting of the PUD special exception, and the approval of the development, with or without specified modifications, shall not constitute the recording of a plat, nor shall it authorize the issuance of building permits. Such action shall be undertaken only after the approval of the site plan and the recording of a subdivision plat, if applicable.

911.15. Effect of approval.

1.

Once a special exception approving a PUD has been granted, modifications or amendments to the PUD development master plan may only occur through the amendment of the special exception in accordance with section 1003.03 related to special exceptions generally, except that minor deviations from the development master plan may be permitted when the planning director determines that such are necessary due to the requirements of topography, drainage, structural safety or vehicular circulation, and such deviations will not materially alter the character of the approved development plan including the proposed development sequence. In no case shall such deviations include the addition or elimination of any building shown on the approved development, increase the density or increase the floor area.

2.

Once a special exception approving a PUD has been granted, only the uses permitted as part of the special exception shall be allowed, notwithstanding any other by-right or permitted uses otherwise allowed in the underlying zoning district. Where conflicts occur between the special provisions herein and general zoning, subdivision or other regulations or requirements, these special regulations shall apply unless expressly prohibited by the general law, or unless the board shall find, in the particular case that:

a.

Provisions in this section do not serve public purposes to a degree at least equivalent to general zoning, subdivision or other regulations or requirements; or

b.

Actions, designs or solutions proposed by the applicant, although not literally in accord with these special or general regulations, satisfy public purposes to at least an equivalent degree.

(Ord. of 8-15-06(5), §§ 1—3; Ord. No. 2015-0011, § 2, 11-17-15; Ord. No. 2016-0003, § 1, 4-19-16)

912.01. Minimum lot area, lot width and yard requirements. Townhouse lots for sale shall adhere to the following minimum requirements:

1.

Lot area—Each townhouse shall be located on a lot of not less than one thousand two hundred (1,200) square feet in area.

2.

Unit width—A minimum width of sixteen (16) feet per lot shall be maintained.

3.

Front yard—There shall be a minimum ten (10) foot front yard (area between front door and front of lot, or parking area, other common area).

4.

Side yard—There shall be a side yard of not less than sixteen (16) feet in width at each end of a group of units (not to be shared between units).

5.

Rear yard—There shall be a rear yard with a depth of not less than twenty-five (25) feet for each unit (not to be shared between units).

912.02. Perimeter yard requirements. Each townhouse development shall have a perimeter yard on the rear and side property lines of the total site equal to at least twenty-five (25) feet, which may include the required side and rear yards for each townhouse, except where the development is within or abuts a R-1 Residential District, in which case the perimeter yard shall be at least fifty (50) feet. The required front yard for the zoning district in which the development is located shall apply for the townhouse development along the front property line of the total site, which may include the required front yard for each townhouse.

912.03. Height restrictions. Height shall be no more than forty (40) feet measured from the average level of the ground adjacent to the front exterior wall.

912.04. Maximum lot coverage. The maximum lot coverage for interior townhouse lots for sale shall be fifty (50) percent and for end and/or corner lots shall be forty (40) percent.

912.05. Common areas. Each townhouse development shall provide at least ten (10) percent of the development site for areas of common use which includes such uses as parking, walkways, streets not dedicated to the Virginia Department of Transportation, recreation facilities, picnic areas, refuse collection, utility easements, and similar activities. The following minimum requirements for common areas shall be adhered to:

1.

Off-street parking shall meet the requirements set forth in Sections 602 and 603 herein. Required parking spaces shall be provided within the perimeter of the townhouse development and no farther than two hundred (200) feet from the facilities served. Off-street parking shall be designed to produce the minimum possible interference with pedestrian circulation within the townhouse development.

2.

Tot lots and swimming areas shall be adequately enclosed, and all recreational areas shall be located away from the concentrations of vehicular traffic.

3.

Fencing or vegetative screening shall be provided to a height of six (6) feet and of such a density that no part of the development shall be visible to a casual observer on any side of the development abutting any yard of a residential or nonresidential structure. Provided that where natural features such as topography or natural vegetation are preserved and prevent the development from being casually visible from adjoining properties, the board of appeals may waive requirements for screening. Fencing where required shall be maintained in a safe condition, shall be painted, and shall be kept in good repair.

4.

Paved common walks of a width of at least four (4) feet shall be provided from each dwelling unit to common areas within the townhouse development, and wherever concentrations of pedestrian traffic can be expected, as between recreational facilities, walks may be incorporated into the street curb. Walk grades shall not exceed ten (10) percent; light shall be provided sufficiently to illuminate steps.

912.06. Preservation and maintenance of common areas. All common areas shall be preserved for their intended purpose as expressed in the approved subdivision plat. The preservation and maintenance of all common areas within the townhouse development shall be in accordance with the following requirements:

1.

All deeds shall include appropriate restrictions to insure that common areas are permanently preserved according to the subdivision plat. The deed restrictions shall run with the land and be for the benefit of present as well as future property owners and shall contain a prohibition against partition.

2.

All common areas shall be specifically included in the development schedule and be constructed and fully improved by the developer.

3.

All common areas shall be placed in the ownership and control of a non-profit association capable of providing adequate maintenance.

4.

The developer shall establish a non-profit association, corporation, trust or foundation of all individuals or corporations owning property within the townhouse development to insure the maintenance of common areas. Said organization shall conform to the following requirements:

a.

The developer must establish the organization prior to the sale of any lot or property and shall relinquish control of said organization when voted upon by the membership of the organization.

b.

Membership in the organization shall be mandatory for all property owners, present and future, within the townhouse development and said organization shall not discriminate in its members or shareholders.

c.

The organization shall manage all common areas within the townhouse development, shall provide for the maintenance, administration and operation of said land improvements and shall secure adequate liability insurance on the common areas.

d.

The organization shall conform to the Condominium Act, Section 55-79.39 through 55-79.103, Code of Virginia, 1950, as amended.

912.07. Street and utilities. All streets and utilities within the townhouse development shall meet the following requirements:

1.

The traffic circulation pattern, the street dimensions, curbs and gutters (if provided and curb cuts shall meet the specifications of the Virginia Department of Transportation and Sections 33.1-197 and 33.1-198 of the Code of Virginia, 1950, as amended, and the Minimum Standards of the Entrances to State Highways and be approved by the resident engineer.

2.

All dwelling units shall be connected to water and sewerage systems approved by the health department and shall be open to inspection.

3.

The site storm drainage system shall drain to any existing natural drainage system. On site retention of stormwaters is encourage provided that it is in compliance with requirements of Section 15.2-1115 of the Code of Virginia, 1950, as amended, and the sediment basin design standards of the Erosion and Sediment Control Handbook. All storm drainage facilities shall meet the requirements of the health department.

4.

All utilities shall be underground.

912.08. Subdivision plat and site plan requirements. In addition to the subdivision plat requirements herein, the submittal of the subdivision plat that includes townhouse lots shall be accompanied by a special site plan for the townhouse development only as provided for in Article XI herein.

An overlay zone is established along Route 130 from the point of intersection of U.S. Route 29 to the Amherst/Rockbridge County boundary. The width of the overlay zone extends four hundred (400) feet beyond the right-of-way of Route 130, as prescribed by the Virginia Department of Transportation, on both sides of the right-of-way.

913.01. Signs. All off-site signs, except those indicated in section 907.03, are to be permitted only as special exceptions in accordance with section 1003.03.

913.02. Manufactured homes less than twenty (20) feet in width.

1.

Manufactured homes less than twenty (20) feet in width are permitted only as special exceptions in accordance with section 1003.03.

2.

Only those manufactured homes less than twenty (20) feet in width meeting the standards established in 1976 by the Department of Housing and Urban Development (H.U.D. Code) may be approved as special exceptions.

913.03. Minimum setback of all structures from Route 130.

1.

Beginning at the railroad bridge crossing, and extending to the eastern boundary of the V-1 Village zoning [district] in the Village of Elon, a minimum set back from the Route 130 right-of-way of one hundred (100) feet is required of all structures. Except, beginning at Graham Creek Road and ending at Nottaway Drive and on the northern side of the road, the minimum setback from the Route 130 right-of-way is sixty (60) feet.

2.

Beginning at the western boundary of the V-1 Village zoning [district] in the Village of Elon, and extending to the Amherst/Rockbridge County line, a minimum set back from the Route 130 right-of-way of one hundred twenty-five (125) feet is required of all structures.

(Ord. No. 2019-0005, § 1, 6-18-19)

Editor's note— Ord. No. 2012-0001, § 3, adopted March 20, 2012, repealed § 914, which pertained to wireless communication facilities and derived from Ord. of July 17, 2007(4). See Section 919 for provisions pertaining to personal wireless service facilities.

Any adult entertainment establishment, including adult book/video stores, adult motion picture theaters, stores selling sex implements, strip lounges, massage parlors, and the like shall be subject to the following standards:

A.

No adult entertainment establishments shall be permitted:

1.

Within two (2) miles of any other existing adult entertainment establishment; and

2.

Within one thousand (1,000) feet of any existing residential use or residentially zoned district, or any of the following uses:

a.

Churches, monasteries, chapels, synagogues or convents;

b.

Public and private schools, up to and including the twelfth grade, and their adjunct play areas, and colleges;

c.

Public playgrounds, community swimming pools, public parks and public libraries.

3.

For the purpose of spacing, distances shall be measured:

From all property lines of any parcel or district.

B.

Signs and other visible messages.

1.

Signs:

a.

Sign messages shall make no reference to specified anatomical areas or specified sexual activities.

b.

Sign messages may not include any graphic or pictorial depiction of material or services available on the premises.

c.

Sign shall meet all additional requirements contained in this ordinance.

2.

Other visible messages:

Messages which are visible or intended to be visible from outside the property (such as on or within doors or windows) shall not display materials, items, publications, pictures, films, or printed material available on the premises; or pictures, films, or live presentations of persons performing or services offered on the premises.

(Ord. of 8-20-02(2))

The following regulations shall apply to all short-term rentals of residential dwelling units:

1.

Site Plan. Before a building and zoning permit shall be issued for any dwelling to be rented to transients for any period less than thirty (30) consecutive days, a site plan of the proposed development shall be approved by the planning commission or the zoning administrator, whichever is applicable, in conformance with Section 1003 and Article XI herein. In addition to the requirements thereof, site plans pursuant to this section shall include a maintenance schedule proposed by the developer or property owner, and shall incorporate low impact development techniques, such as those about which information is available from the Virginia Department of Environmental Quality.

2.

There shall be no change in the outside appearance of the dwelling or premises, or other visible evidence of the conduct of such short-term rentals.

3.

The maximum number of occupants in the dwelling unit for overnight accommodation shall be calculated as two (2) adults per bedroom. An adult, for the purpose of this regulation, is any person over the age of sixteen (16). The number of bedrooms shall be determined by reference to health department permits specifying the number of bedrooms or the certificate of occupancy issued by the Amherst County Department of Building Inspections. Private septic systems shall be pumped out or inspected once every three (3) years.

4.

All vehicles of tenants shall be parked in driveways or parking areas designed and built to be parking areas. In the case of multi-family dwellings, all vehicles must be parked in spaces specifically reserved for the dwelling unit being rented. No vehicles shall be parked in, along, or on the sides of roads at any time.

5.

All boats and trailers of tenants shall be parked on the lot on which the dwelling unit is located. In the case of multi-family dwellings, boats and trailers must be parked in areas specifically reserved for the dwelling unit being rented. No boats or trailers shall be parked in, along, or on the sides of the roads at any time.

6.

There shall be a working, two-pound minimum, ABC rated, fire extinguisher located in a visible and readily accessible area (i.e., kitchen or hallway) within each dwelling unit. Working smoke detectors shall be installed in each bedroom of the dwelling unit as well as one (1) on each floor (including the basement) outside of any bedrooms.

7.

Property boundaries, or limitations within the property's boundaries where transients are allowed, must be clearly marked at all times.

8.

Notice of the application for special exception, and the hearing thereon, shall be conspicuously posted on the property, in the same manner and for the same duration as though the property were the subject of an application for variance, rezoning, or conditional zoning.

(Ord. of 10-17-06(4); Ord. No. 2017-0006, § 1, 10-17-17)

The following regulations shall apply to the storage of biosolids in the county:

1.

Except when a special exception has been granted in the A-1 Agricultural Residential District, storage of biosolids shall be prohibited in all other districts in the county.

2.

A special exception shall not be required for storage of biosolids on a farm as long as such biosolids are being stored (i) solely for land application on that farm and (ii) for a period no longer than forty-five (45) days. For the purpose of this section "farm" shall be defined as contiguous tracts of land titled or rented in the name of the same owner.

3.

Only Class A or B Biosolids shall be placed into storage facilities.

4.

In order for a special exception to be issued, the applicant shall present evidence and the board of supervisors shall make a finding that the storage of biosolids in the proposed facility will not adversely affect the public health, safety and welfare of its citizens and the environment.

5.

The requirements of this section regarding storage of biosolids shall be in addition to the local testing and monitoring ordinance permitted under subsection C. of § 62.1-44.19:3 of the Code of Virginia as may be adopted by the board of supervisors as part of Chapter 13 of this Code from time to time.

6.

Biosolids companies operating in Amherst County, Virginia must provide in writing to the Amherst County Board of Supervisors, prior to the delivery of all biosolids, the following information:

a.

The class of the biosolids being delivered to Amherst County (A or B).

b.

Point of origin of the biosolids.

c.

Name, address and telephone number of biosolids hauler.

d.

The scheduled dates of the biosolids being delivered and applied.

e.

The name and address of the person, persons or company, et cetera, that is proposing to receive the biosolids.

f.

The physical address and acreage of the property where the biosolids are to be applied.

g.

What product or products will be grown and grazed on that acreage.

h.

A biosolids map will be placed on the county website, showing parcels with approved permits; this map shall be updated as permits are approved.

i.

The public shall be supplied with contact information (via the county website) so that public concerns regarding possible violations of the biosolids regulations can be addressed.

(Ord. of 7-15-08(2))

918.01. Intent. The purpose of this section is to regulate the placement, construction and modification of small wind energy systems while promoting the safe, effective, and efficient use of small wind energy systems and not unreasonably interfering with the development of independent renewable energy sources.

918.02. Applicability. The requirements set forth in this division shall govern the siting of small wind energy systems used to generate electricity or perform work which may be connected to the utility grid, serve as an independent source of energy, or serve in a hybrid system.

918.03. Siting requirements. The requirements for siting and construction of all small wind energy systems regulated by this division shall include the following:

(1)

Small wind energy towers shall maintain a galvanized steel finish, unless Federal Aviation Administration standards require otherwise, or if the owner is attempting to conform the tower to the surrounding environment and architecture, in which case it may be painted to reduce visual obtrusiveness. A photo simulation may be required at the request of the board of supervisors.

(2)

Small wind energy systems shall not be artificially lighted unless required by the (FAA) or appropriate authority.

(3)

No tower should have any sign, writing, or picture that may be construed as advertising.

(4)

Noise levels associated with small wind energy systems shall not exceed the noise levels required in the Amherst County Noise Ordinance, Section 10, Article II, as measured at the closest property line. However, the level may be exceeded during short-term events such as utility outages and/or severe windstorms.

(5)

The applicant shall provide evidence that the proposed height of the small wind energy system tower does not exceed the height recommended by the manufacturer or distributor of the system.

(6)

The applicant shall provide evidence that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator. This notification will take place by having the electric utility provider sign the special exception application.

(7)

The applicant will provide information demonstrating that the system will be used primarily to reduce on-site consumption of electricity from the power grid.

(8)

The tower height shall not exceed a maximum height of one hundred (100) feet.

(9)

The minimum distance between the ground and any protruding blades utilized on a small wind energy system shall be fifteen (15) feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall also be ten (10) feet above the height of any structure within one hundred fifty (150) feet of the base. The supporting tower shall also be enclosed with a six-foot tall fence with a lockable gate or the base of the tower shall not be climbable for a distance of twelve (12) feet.

(10)

The applicant shall provide proof of adequate liability insurance for a small wind energy system. Whether or not the applicant is participating in the net metering program, the applicant will be required to meet the insurance coverage requirements set forth in 20 VAC 5-315-60.

(11)

The small wind energy system generators and alternators should be constructed so as to prevent the emission of radio and television signals and shall comply with the provisions of Section 47 of the Federal Code of Regulations, Part 15, and subsequent revisions governing said emissions.

(12)

If it is determined that a proposed small wind energy system could impact the view shed of the Blue Ridge Parkway, then Parkway officials shall be notified of the application for their comment.

918.04. Review process. The landowner will adhere to the special exception process as provided by Section 1003.03.

918.05. Federal and state requirements.

(a)

Compliance with Uniform Statewide Building Code: Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Uniform Statewide Building Code and certified by a licensed professional engineer shall also be submitted.

(b)

Compliance with FAA Regulations: Wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

(c)

Compliance with National Electric Code: Building permit applications for wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

(d)

Compliance with Regulations Governing Energy Net Metering: Wind energy systems connected to the utility grid must comply with the Virginia Administrative Code 20 VAC 5-315, Regulations Governing Energy Net Metering.

918.06. Setbacks. The wind energy system shall be set back two (2) times the height of the tower height plus blade length from the property line. The wind energy system tower, including blade length shall be set back at a minimum distance equal to the height of the tower and blade length from all residential structures. Wind energy systems shall meet all setback requirements for primary structures for the zoning district in which the wind energy system is located in addition to the requirements set forth above. Additionally, no portion of the small wind energy system, including guy wire anchors, may extend closer than ten (10) feet to the property line.

918.07. Removal of defective or abandoned wind energy systems. Any wind energy system found to be unsafe by the building official shall be repaired by the owner to meet federal, state and local safety standards or removed within six (6) months. Any wind energy system that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned and the owner of the system shall remove the turbine within ninety (90) days of receipt of notice from the county instructing the owner to remove the abandoned wind energy system.

(Ord. of 12-1-09; Ord. No. 2020-0012, § 1, 10-6-20)

919.01 Applicability and Purpose.

A.

Section 919 establishes provisions governing the county's issuance of permits for the placement, construction, and modification of personal wireless service facilities. To expand accessibility to affordable communication services within the county while minimizing adverse impacts on the county's rural and historic character and its environmentally sensitive areas, the provisions will:

1.

Ensure that a non-discriminatory, competitive and broad range of personal wireless service facilities are in place to serve the county's growing needs, including supporting the county's emergency response and law enforcement networks.

2.

Establish a process for approving permits for personal wireless service facilities that is fair, consistent with federal requirements, and allows consideration of the county's interests and concerns as expressed through its comprehensive plan and its zoning ordinance and regulations.

3.

Direct the siting of personal wireless service facilities in certain districts and avoid their being sited in certain protected areas of the county so as to ensure consistency with the county's comprehensive plan and zoning ordinance.

4.

Encourage co-location of new antennas on existing personal wireless service facilities, and construction of facilities that can accommodate multiple providers.

5.

Minimize or eliminate (i) the potential for damages to adjacent properties from tower failure and falling ice, and (ii) hazards to low flying aircraft.

B.

Types of developments. The types of development of personal wireless service facilities subject to this section include:

a.

Attached antenna.

b.

Colocation on new or existing antenna support facilities.

c.

Combined antennas on new or existing antenna support facilities.

d.

Replacement of one (1) or more antenna elements in conjunction with additional changes or expansions to the antenna array on an existing tower or support structure.

e.

Modification or replacement of antennas on an existing tower or support structure.

f.

Replacement of tower or support structure or other components of personal wireless service facility.

g.

Mitigation of an existing personal wireless service facility.

h.

New construction of a personal wireless service facility.

919.02. Exemptions; special requirements for amateur radio towers and wireless broadband facilities permitted as accessory structures.

A.

The following facilities shall comply with applicable federal, state, and county requirements but are exempt from the provisions of Section 919:

1.

Satellite dish antenna stations that are one (1) meter or less in diameter in all residential zoning districts and two (2) meters or less in all other zoning districts.

2.

A government-owned personal wireless service facility erected for the purposes of providing telecommunication services for public health and safety upon the declaration of a state of emergency by the federal government, the Commonwealth, or the county.

3.

A temporary, commercial tower or support structure erected (i) upon the declaration of a state of emergency by the federal government, the Commonwealth, or the county, or (ii) upon a determination of public necessity by the county. Such exemption may extend to a period of up to three (3) months after termination of the state of emergency or public necessity.

4.

A temporary, commercial tower or support structure, erected for the purposes of providing coverage of a special event such as news coverage or sporting event. Such facility shall be subject to approval by the county zoning administrator. Such exemption may extend to a period of up to one (1) week after termination of the special event.

5.

Replacement of one (1) or more elements of an antenna array where there is no other change to the element or to the antenna array as a whole, provided that the facility owner informs the zoning administrator in writing of the element replacement within thirty (30) calendar days of such replacement.

B.

Amateur radio and receive-only antennas. The sole provisions of Section 919 applicable to any tower, or the installation of any antenna array, that is (1) owned and operated by a federally licensed amateur radio station operator or (2) used exclusively for receive-only antenna arrays for amateur radio station operation are the requirements relating to setbacks contained in subsection 919.04(B); provided, however, that any non-amateur arrays, structures, or devices co-located on amateur towers are subject to all applicable provisions of Section 919.

C.

Wireless broadband facilities permitted as accessory structures. The maximum height of a wireless broadband facility permitted as an accessory structure shall be sixty (60) or fewer feet in the A-1 Agricultural Residential District, and forty (40) or fewer feet in all other districts in which accessory structures are permitted. The sole provisions of Section 919 applicable to any such accessory structure are (i) the application and fee requirements contained in subdivision 919.06.A.1, (ii) the requirements relating to setbacks contained in subsection 919.04(B), and (iii) the timeframes in subsection 919.08(E); provided, however, that any arrays, structures, or devices collocated on such accessory structure that are not exclusively used for the wireless transmission or reception of broadband data services are subject to all applicable provisions of Section 919.

(Ord. No. 2016-0014, § 1, 11-15-16)

919.03 Definitions. The following definitions, in addition to applicable definitions contained in section 302, shall apply to facilities placed, constructed, or modified under section 919:

Alternative structure means a facility that is not primarily constructed for the purpose of supporting antennas but on which one (1) or more antennas may be mounted. Alternative structures include, but are not limited to, buildings, water tanks, light stanchions, pole signs, billboards, church steeples and electric power transmission poles.

Amateur radio tower means any tower or support structure used for amateur radio transmissions consistent with the "Complete FCC U.S. Amateur Part 97 Rules and Regulations" for amateur radio facilities.

Ancillary structure means any form of development associated with a personal wireless service facility, including but not limited to foundations, concrete slabs on grade, guy anchors, generators, and transmission cable supports, but excepting equipment facilities.

Antenna means a rod, panel, dish, grid, antenna array, or similar device used for the transmission or reception of radio frequency signals travelling on a conductor, into an electromagnetic wave in free space.

Antenna array means one (1) or more antennas, which may include an omni-directional antenna (whip), a directional antenna (panel or sector), or a parabolic antenna (dish), mounted at the same height on a tower or other structure and intended to transmit a signal providing coverage over a specific area for a single provider of personal wireless services.

Antenna element means any part or piece of an antenna.

ASR means the antenna facility registration number as required by the FAA and FCC.

Attached antenna facility means a facility which is not primarily constructed for the purpose of holding antenna(s) but on which one (1) or more antenna(s) are mounted. Examples include water tanks, buildings, rooftops, light poles and utility distribution poles.

Avoidance areas means those areas identified in the county's comprehensive plan where the siting of personal wireless service facilities could result in adverse impacts, specifically: (i) any ridge area having sited on it, within a 500-yard area, two (2) or fewer personal wireless service facilities at the time of application if the personal wireless service facility would be skylighted; (ii) an area within a historic district as defined by the Virginia Department of Historic Resources; (iii) an area within the Blue Ridge Parkway viewshed; or (iv) an area within two hundred (200) feet of any state scenic highway or by-way.

Azimuth means the rotation of an antenna around a vertical axis, and relates to how an antenna is positioned in the horizontal plane to maximize its efficiency.

Blue Ridge Parkway Viewshed means the spatial area of land that is visible in a view from the Blue Ridge Parkway extending one (1) mile from such Parkway, as measured by the Amherst County Geographical Information System, or other data that may be more accurate as approved by the zoning administrator.

Colocation means the practice of installing and operating multiple wireless service providers, or radio common carrier licensees on the same tower or support structure or attached antenna facility using different and separate antenna, feed lines and radio frequency generating equipment.

Combined antenna means an antenna or antenna array designed and utilized to provide services for more than one (1) wireless provider, or a single wireless provider utilizing more than one (1) frequency band or spectrum, for the same or similar type of services.

Concealed means a tower or support structure, ancillary facility, or equipment compound that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site. Concealed facilities may be attached or freestanding. A concealed attached facility may include, but is not limited to, the following: painted antenna and feed lines to match the color of a building or facility, faux windows, dormers or other architectural features that blend with an existing or proposed building or facility. Freestanding concealed antenna support facilities may have a secondary, function which may be, but is not limited to, the following: church steeple, windmill, bell tower or support structure, clock tower or support structure, light standard, flagpole with or without a flag, or tree.

Equipment compound means the fenced area surrounding the ground-based communication facility, including the areas inside or under a tower or support structure's framework.

Feed lines means cables used as the interconnecting media between the transmission or receiving base station and the antenna.

Flush mounted means any antenna or wireless communication antenna array attached directly to the face of the support facility or building such that the antenna extends a minimal distance of eighteen (18) inches to twenty-four (24) inches beyond the width of the support facility or building. Where a maximum flush-mounting distance is given, that distance shall be measured from the outside edge of the support facility or building to the inside edge of the antenna.

Mitigation means a modification of an existing tower or support structure to increase its height or to improve its integrity, functionality, or aesthetic appearance, which modification has the effect of (i) reducing the number of personal wireless service facilities, or (ii) reducing the number of nonconforming personal wireless service facilities.

Monopole means a type of free-standing telecommunication tower or support structure consisting of a single shaft usually composed of two (2) or more hollow sections that are in turn attached to a foundation. This type of tower or support structure is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building's roof.

New construction means the construction of a tower or support structure either where no such facility exists at the time of application, or where the applicant is proposing to demolish an existing tower or support structure to construct a new facility for a development involving facility replacement.

Non-concealed means a telecommunication tower or support structure that is readily identifiable as such and is either freestanding, attached, or guyed. Personal wireless services means those services defined by 47 USC 332 (Section 704 of the Telecommunications Act of 1996), including Federal Communications Commission licensed commercial wireless telecommunications services such as cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), common carrier wireless exchange access services, wireless services, and wireless broadband internet access.

Personal wireless service facility or facility means a facility for the provision of personal wireless services or other wireless access services, typically consisting of an equipment shelter or cabinet, a support tower or mount, wireless communication antenna arrays, cables, and compound.

Radio frequency emission means any electromagnetic radiation or other telecommunications signal emitted from an antenna or antenna-related equipment on the ground, tower or support structure, building, or other vertical projection.

Replacement tower or support structure or replacement means the removal of an existing telecommunication tower or support structure in order to erect a new personal wireless service facility tower or support structure for the purposes of improving structural integrity.

Skylighted means the sky is the backdrop of any portion of a personal wireless service facility.

Tier One areas means areas not located in an avoidance area which are (i) land or other property owned by the federal government, the Commonwealth, or the county; (ii) existing tower sites; and (iii) sites located in the Public Lands District (P-1), Industrial District (M-1), General Commercial District (B-2), and the Agricultural District (A-1), as those districts are specified in article VII of this appendix.

Tier Two areas means sites located in the Limited Residential District (R-1), General Residential District (R-2), Multi-family Residential District (R-3), Village Center (V-1) District, as those districts are specified in article VII of this appendix.

Wireless broadband facility means an unstaffed location for the wireless transmission or reception of broadband data services exclusively, usually consisting of a tower or support structure, an antenna or group of antennas, transmission cables, and equipment facilities.

919.04 Requirements applicable to developments involving new construction, replacement, and mitigation. The following standards shall apply to developments involving new construction of antenna support facilities, and facilities proposed for mitigation or replacement.

A.

Facility Sites.

1.

A personal wireless service facility shall not be sited in avoidance areas if feasible alternative sites are available. Applications proposing to site a personal wireless service facility in an avoidance area shall comply with the requirements of subsection 919.07(D) in order to demonstrate that the proposed facility's coverage or capacity potential can be achieved only by location in such area.

2.

Personal wireless service facilities shall be sited in Tier One areas, except that facilities involving (i) antennas attached to existing electrical utility or radio towers or (ii) antennas attached to existing freestanding, nonresidential structures or towers other than existing electrical utility or radio towers may be sited in Tier Two areas.

B.

Setbacks. Except as provided for in the National Forest pursuant to Section 804 and for the Route 130 overlay district pursuant to Section 913, a personal wireless service facility shall be set back from all unassociated structures and from all property lines at a distance that is not less than one hundred (100) percent of the height of the tower or support structure. In cases involving multiple lots under common ownership, the zoning administrator or board of supervisors may approve smaller setbacks provided that the structure shall be set back from exterior lot lines at a distance one hundred (100) percent of the height of the tower or support structure.

C.

Colocation. Consistent with the county's policy supporting co-location, and provided that there is sufficient space for such antenna arrays above tree height, all antenna support facilities one hundred twenty (120) feet in height shall be engineered and constructed to accommodate no less than three (3) wireless communication antenna arrays. All antenna support facilities between one hundred twenty-one (121) feet and one hundred fifty (150) feet in height shall be engineered and constructed to accommodate no less than five (5) wireless communication antenna arrays. All antenna support facilities taller than one hundred fifty-one (151) feet in height shall be engineered and constructed to accommodate no fewer than six (6) wireless communication antenna arrays.

D.

Design standards.

1.

Non-wooden towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or FCC, be painted a neutral color. Dish antennas shall be painted a neutral, glare-resistant color and shall not display proprietary logos plainly intended for advertising purposes.

2.

The design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend with the natural setting and surroundings. Such buildings and related structures shall not exceed twelve (12) feet in exterior height as measured from grade.

3.

Antenna support facilities shall not be artificially lighted except as required by FCC and FAA regulations.

4.

Facility sites shall be landscaped with a buffer of plant materials that effectively screens the view of the equipment compound from adjacent property, including public roads, except that the zoning administrator or board of supervisors may establish different requirements based on unique site characteristics. The standard buffer shall consist of a landscaped strip compliant with the applicable landscaping provisions in Appendix A of the County Code surrounding the fenced-in area of the personal wireless service facility.

5.

All equipment compounds shall be enclosed with a fence.

6.

Commercial messages shall not be displayed on any tower or support structure. Noncommercial signage on a tower or support structure, equipment facility, or fence shall be informational, for the purpose of identifying (i) the facility by the FCC ASR registration number, (ii) the party responsible for the operation and maintenance of the facility, and (iii) the need for security or safety mechanisms. Such signage shall be sited no higher than ten (10) feet from ground level.

7.

The diameter of a dish or parabolic antenna shall not exceed four (4) feet except where the applicant demonstrates that a diameter larger than four (4) feet is necessary to the function of the facility, a smaller diameter is not feasible or practical, and the structure can support the larger antenna.

8.

Antenna support structures shall be designed to allow for a future reduction of height or the replacement of the antenna support structure with a monopole type facility at such time as the wireless network has developed to the point that such a reduction in height can be justified.

9.

Facilities shall not emit unusual sounds such as alarms, bells, or buzzers. The sound level for emergency generators shall not exceed seventy (70) db at the property limits. Testing by the facility owner shall be undertaken only between 9:00 a.m. and 4:00 p.m. Monday through Friday.

10.

Antenna mounts shall be flush-mounted onto facilities, unless: (i) it is demonstrated through radio frequency propagation analysis that flush-mounted antennas can not meet the network objectives of the desired coverage area; or (ii) that due to azimuth or other technological considerations, including the need to install multiple technologies at the same height, flush-mounting is not feasible.

919.05 Requirements applicable to specific developments. Additional requirements shall apply to specific types of personal wireless service facilities, as follows:

A.

Antenna or antenna element replacement with modifications; colocation; colocation with modifications; combined antennas.

1.

New antenna mounts shall be flush-mounted onto facilities unless: (i) it is demonstrated through radio frequency propagation analysis that flush-mounted antennas can not meet the network objectives of the desired coverage area; or (ii) that due to azimuth or other technological considerations, including the need to install multiple technologies at the same height, flush-mounting is not feasible.

2.

The top of any antenna array on an attached antenna facility shall not extend more than twenty (20) feet above the existing facility. A colocated or combined antenna or antenna array shall not increase the height of an existing facility by more than twenty (20) feet except as authorized in any special exception permit.

3.

If the attached antenna facility is to be located on a nonconforming facility, then the existing permitted nonconforming setback shall prevail.

4.

New equipment cabinets are subject to the zoning setbacks applicable to the subject site.

B.

Replacement of tower or support structure.

1.

The height of a replacement tower or support structure shall equal the height of the facility being replaced. If a greater height is proposed, the facility will be evaluated in accordance with the requirements applicable to new construction or mitigation.

2.

So long as there does not exist any dangerous condition caused by the existing setback, a replacement tower or support structure shall not be required to meet the setback standards contained in subsection 919.04(B) if the new facility and its equipment compound are no closer to any property lines or dwelling units than the facility and equipment compound being replaced. If the applicant proposes to site the replacement facility and its equipment compound closer to any property lines or dwelling units than the existing facility and equipment compound, the setback requirements established in subsection 919.04(B) shall apply.

C.

Mitigation.

1.

The height of the tower or support structure shall not exceed one hundred twenty (120) percent of the height of the tallest tower or support structure within the personal wireless service facility being mitigated.

2.

If the personal wireless service facility to be mitigated was developed under a special exception permit, the process for approving the mitigation shall proceed through an amendment to the special exception permit.

3.

So long as there does not exist any dangerous condition caused by the existing setback requirements, a mitigation facility shall not be required to meet the setback standards contained in subsection 919.04(B) if the new facility and its equipment compound are not closer to any property lines or dwelling units than the existing facility and equipment compound. If the applicant proposes to site the new facility and its equipment compound closer to any property lines or dwelling units than the existing facility and equipment compound, the setback requirements established in subsection 919.04(B) shall apply.

4.

If the mitigation includes the removal of an existing personal wireless service facility, that facility shall be removed within ninety (90) days of the construction of the new facility.

919.06 Application.

A.

Applications for a zoning permit for a personal wireless service facility shall contain the following:

1.

A completed application for a zoning permit and application fee of two hundred fifty dollars ($250.00) except that the application fee for an attached antenna, collocation, or combined antenna for a wireless broadband facility permitted as an accessory structure shall be fifteen dollars ($15.00).

2.

A written statement by qualified professional identifying the service gaps or service expansions that the proposed facility will address, including maps and calculations demonstrating the need for the proposed facility.

3.

A scaled plan and a scaled elevation view and other supporting drawings, calculations and other documentation, signed and sealed by qualified professionals, showing the location and dimensions of all improvements, including information regarding topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses.

4.

An inventory of the applicant's existing personal wireless service facilities sited in the county and within one (1) mile of the border thereof, including specific information about the location, height, existing use, and available capacity of each tower and wireless communication antenna array.

5.

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

6.

A description of how the applicant will comply with FAA requirements or a statement certifying that such requirements will not apply.

7.

A written description of how the applicant will enter and exit the site containing the personal wireless service facility for construction and maintenance purposes. The authority for such ingress and egress shall be confirmed by a written agreement if the applicant must cross property owned by another.

8.

A copy of any lease of the site containing the personal wireless service facility, or other indicia of site control satisfactory to the zoning administrator.

9.

A written statement describing the potential visual and aesthetic impacts of the proposed personal wireless service facility.

10.

A map showing the geographic service area.

11.

Proof that any identified agent has appropriate authorization to act upon the principal's behalf.

12.

Certification of compliance with any applicable federal and state historic preservation and environmental requirements.

13.

Proof of insurance.

14.

Such other information as the zoning administrator may deem necessary.

B.

The planning department may share the inventory information described in subdivision 4 of this subsection with other providers seeking to locate personal wireless service facility within the county; provided, however, that the county planning department shall not represent or warrant that such sites are available or suitable.

C.

The zoning administrator shall provide applications proposing facilities to be sited within the Blue Ridge Parkway Viewshed to the Blue Ridge Parkway Land Planner and request comments within thirty (30) days.

D.

The county may require a pre-application conference for any personal wireless service facility.

E.

Consistent with the provisions of subsection 919.02(A)(5), a zoning permit is not required where the applicant replaces one (1) or more elements of an antenna array but makes no other change to the element or to the antenna array as a whole, provided that the facility owner informs the zoning administrator in writing of the element replacement within thirty (30) calendar days of such replacement.

(Ord. No. 2016-0014, § 1, 11-15-16)

919.07 Additional application requirements. The following additional information shall be required to be included in the application depending on the type of facility or location the applicant proposes.

A.

New construction of tower or support structure.

1.

One (1) original and two (2) copies of a survey of the property completed by a registered professional engineer licensed by the State of Virginia showing all existing uses, facilities, and improvements.

2.

Propagation maps and corresponding data for the intended service. The applicant shall demonstrate that no existing tower or support structure can accommodate the applicant's proposed antenna for one (1) or more of the following reasons:

a.

No existing antenna support facilities or alternative structures are located within the geographic area required to meet applicant's engineering requirements.

b.

Existing antenna support facilities or alternative structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing antenna support facilities or alternative structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing tower or support structure or alternative structure, or the antenna on the existing tower or support structure or alternative structure would cause interference with the applicant's proposed antenna.

e.

There are other limiting factors that render existing antenna support facilities or alternative structures unsuitable. Any such limiting factors shall be identified and described.

3.

A stamped or sealed structural analysis of the proposed tower or support structure prepared by a registered professional engineer licensed by the State of Virginia confirming that (i) the proposed and future loading capacity of the tower or support structure is compliant with the applicable standards specified by ANSI/TIA/EIA-222-G, "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (as amended), and specifying the design structural failure modes of the proposed facility, if applicable, and (ii) the facility and all existing and proposed ancillary structures and equipment facilities meet applicable Virginia Building Code requirements.

4.

The county shall require an applicant for a special exception permit to conduct a balloon test, as follows:

a.

The applicant shall arrange to raise a balloon of a color or material that provides maximum visibility and is no less than three (3) feet in diameter, at the maximum height of the proposed facility and within fifty (50) horizontal feet of the center of the proposed tower or support structure.

b.

The applicant shall inform the following persons in writing of the date and times of the test at least fourteen (14) days in advance: the county zoning administrator, owners of abutting property, elected members of the county board of supervisors, and appointed members of the county planning commission.

c.

Photographs of the balloon test shall be taken from the nearest residence and from appropriate locations on abutting properties, along each publicly used road from which the balloon is visible, and other properties and locations as deemed appropriate.

d.

The date, time and location of the balloon test shall be advertised in a locally distributed paper by the applicant at least seven (7) but no more than fourteen (14) days in advance of the test date. The advertisement shall also include an alternate inclement weather date for the balloon test.

e.

Signage similar to signage advertising a public hearing shall be posted on the property to identify the location on the property where the balloon is to be launched. This signage shall be posted by the applicant a minimum of seventy-two (72) hours prior to the balloon test.

f.

The balloon shall be flown for at least four (4) consecutive hours during daylight hours on the date chosen.

g.

The applicant shall record the weather during the balloon test. If the wind during the balloon test is above twenty (20) miles per hour then the balloon test shall be postponed and moved to the alternate inclement weather date provided in the advertisement

B.

Replacement of antenna element with other changes.

1.

A written statement setting forth the reasons necessitating replacement.

2.

A description of the proposed modifications to the antenna, including a copy of the manufacturer's data sheet.

3.

A statement and any necessary supporting information documenting that (i) the replacement antenna(s) have an identical or lower wind and weight profile than the antennas being replaced, (ii) the number of antenna elements will not increase, (iii) there is no significant change in frequency utilization, and (iv) the replacement will not necessitate a new structural analysis.

C.

Attached antenna facilities, antenna replacements, and colocation.

1.

A written statement setting forth the reasons for the application.

2.

A description of the proposed request, including any proposed modifications to antenna element design, type, and number. The description shall include the manufacturer's model number of the existing and proposed antenna elements and shall identify any changes in the number or size of any feed lines from the base of the equipment facility to such antenna elements.

3.

A stamped or sealed structural analysis of the proposed tower or support structure prepared by a registered professional engineer licensed by the State of Virginia confirming that (i) the proposed and future loading capacity of the tower or support structure is compliant with ANSI/TIA/EIA-222-G, "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (as amended), and specifying the design structural failure modes of the proposed facility, if applicable, and (ii) the facility and all existing and proposed ancillary structures and equipment facilities meet applicable Virginia Building Code requirements.

D.

Facility sited in avoidance area.

1.

Applications proposing to site a personal wireless service facility in an avoidance area shall include a radio frequency propagation plot indicating the coverage of existing antenna support facilities, coverage prediction, and design radius, together with a certification from the applicant's radio frequency engineer that the proposed facility's coverage or capacity potential can be achieved only by location in an avoidance area.

2.

Applications proposing an increase in the dimensions of a personal wireless service facility sited in an avoidance areas shall include a radio frequency propagation plot indicating the coverage of existing antenna support facilities, coverage prediction, and design radius, together with a certification from the applicant's radio frequency engineer that the facility's additional coverage or capacity is (i) essential to the effective functioning of the wireless facility, and (ii) can be achieved only through the proposed modifications.

3.

Any permits for such applications shall be subject to the special exception process.

919.08. Review process

A.

The zoning permitting process for sites not located in avoidance areas shall be as outlined in the following Facility Siting Table. The symbol "P" denotes a permitted by right use; the symbol "SE" denotes a special exception use.

B.

Permitted use permit applications. Permitted use permit applications are those seeking a zoning permit for a personal wireless service facility that:

(1)

Proposes development on a site not located in an avoidance area; and

(2)

Proposes for development in a Tier One area a facility that involves:

(i)

Collocation or combined antennas, with no increase in height or width, or with increase in height up to one hundred twenty (120) feet and no increase in width;

(ii)

Replacement of antenna or other components of personal wireless service facility where no increase in the original dimensions of any part of the facility is proposed, or replacement with increase in height up to one hundred twenty (120) feet and no increase in width; or

(iii)

Mitigation of an existing personal wireless service facility where no increase in the original dimensions of any part of the facility is proposed; or

(3)

Proposes for development in a Tier Two area a facility in which an attached antenna array and support equipment are placed on an existing electrical utility or radio tower resulting in a total height of one hundred twenty (120) or fewer feet.

Such applications shall be considered in accordance with the following procedures:

1.

The zoning administrator or designee shall review the application, and submitted documents for compliance with all requirements of Section 919. The county may, in its discretion, obtain additional technical assistance to review and assess the technical merits of the documents.

2.

If the zoning administrator or designee determines the application and documentation meets all of the requirements of Section 919, he shall approve the application package and the applicant may apply for a building permit.

3.

If the zoning administrator or designee determines the application or documentation fails to meet all the requirements of Section 919, then he shall provide written notification to the applicant as to the materials which need to be amended or supplied for review. The applicant shall provide the zoning administrator or his designee any requested materials for review. This process shall continue until the zoning administrator or his designee has approved the application package, at which time the applicant may apply for a building permit.

4.

If the zoning administrator or designee determines that the application and documentation fail to meet the intent of Section 919, he may deny the application in writing.

5.

Appeals from a decision made by the zoning administrator shall be to the board of zoning appeals in accordance with Section 1006.

C.

Special exception permit applications. Special exception permit applications are those seeking a permit for a wireless facility that:

(1)

Proposes development on a site located in an avoidance area; or

(2)

Proposes for development in a Tier One area a facility that involves a development other than those identified under subdivision (B)(2) of this subsection; or

(3)

Proposes for development in a Tier Two area a facility that involves an antenna array and support equipment placed on (i) an existing electrical utility or radio tower than is between one hundred twenty (120) feet and one hundred ninety-nine (199) feet in height; or on (ii) an existing freestanding nonresidential structure that is up to one hundred ninety-nine (199) feet in height.

Such applications shall be processed as special exception permit applications in accordance with subsection 1003.03 of Appendix A to the County Code except that the applicable timeframes shall be those identified in this subsection.

D.

Expert technical assistance. The county may require the applicant to pay for a technical review of any by right or special exception application by a third party expert selected by the county. Any such technical review may address matters including but not limited to (i) the extent to which a facility meets the definition of "concealed" in subsection 919.03; (ii) the question of whether a service area is underserved as per subsection 919.07(A)(2); (iii) the question of whether a facility must be located in an avoidance area as per subsection 919.07(D); (iv) the question of the necessary width of an antenna array as per subsection 919.04(D)(7); (v) the question of the necessity for new construction as per subsection 919.07(A)(2); and (vi) review of documentation submitted as part of any application for a personal wireless service facility. The fees for any such expert paid by the applicant shall be in addition to other applicable fees. The applicant shall make any additional information regarding the application available at the county's request.

E.

Applicable timeframes; decisions.

1.

The county shall act on applications involving collocation within ninety (90) days of receipt of the application. Solely for purposes of calculating this timeframe under this subsection, "collocation" means the addition of an antenna to an existing tower or other structure that does not involve:

i.

An increase in the existing height of the tower by the greater of (a) more than ten (10) percent, or (b) by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, except that neither limitation shall apply, and collocation may occur where the applicant demonstrates that a greater increase is necessary to avoid interference with existing antennas; or

ii.

The installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four (4), or more than one (1) new equipment shelter; or

iii.

The addition of an appurtenance to the body of the tower that would protrude from the edge of the tower the greater of (a) more than twenty (20) feet, or (b) more than the width of the tower structure at the level of the appurtenance, except that neither limitation shall apply, and collocation may occur where the applicant demonstrates that a greater increase in width is necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or

iv.

Excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.

2.

The county shall act on all other applications within one hundred fifty (150) days of receipt of the application.

3.

If the county notifies the applicant that the application is incomplete within thirty (30) days of receipt of the application, the time required to submit additional documentation necessary for a complete application shall not be included in the calculation of applicable timeframes.

4.

These timeframes may be extended by mutual consent of the applicant and the county.

5.

Any decision denying an application for a permit under Section 919 shall be in writing and shall be supported by substantial evidence contained in the written record.

6.

Decisions on all applications shall be consistent with the requirements of the Federal Tax Relief Act of 2012, enacted in February 2012.

(Ord. No. 2016-0007, § 1, 6-21-16)

919.09. Governmental access.

A.

The owner of a personal wireless service facility shall provide at no cost to the county the right of first refusal to any available co-location spaces to improve radio and other communication for county departments, authorities, agents, and citizens, and such other persons or entities as the county deems necessary to benefit the public interest. Such space shall include both space on the tower or support structure and ancillary structures, and equipment space in the equipment facility.

B.

County telecommunication and E-911 emergency services equipment shall be installed on the facility at the county's expense, and the county shall thereafter bear the expense of operating, maintaining, and repairing such equipment. The facility owner shall pay for any engineering or other feasibility studies or any other expenses it considers necessary to support or permit the installation of county equipment.

C.

The facility owner shall respond to the county's request for access within thirty (30) calendar days of the county's request.

D.

The county shall have complete unobstructed access to any personal wireless service facility upon which it has placed equipment. The facility owner shall provide the county with necessary keys or other means of access to the facility.

919.10. Abandonment.

A.

If the use of a personal wireless service facility is discontinued for a continuous period of twelve (12) months, the county shall deem it abandoned and shall provide notification of the same to the facility owner and property owner. The tower or support structure and all ancillary structures shall be removed within ninety (90) days of such notification. To secure the removal of abandoned structures, the county may require the facility owner to post a bond or submit a letter of credit, or provide some other reasonable assurance, in an amount to be determined by the zoning administrator.

B.

An owner wishing to extend the time for removal or reactivation shall submit an application accompanied by an application fee of two hundred fifty dollars ($250.00), stating the reason for such extension. The county may extend the time for removal or reactivation up to sixty (60) additional days upon a showing of good cause. If the tower or support structure and all ancillary structures are not removed within this time, the county may give notice that it will contract for removal within thirty (30) days following written notice to the owner. Thereafter, the county may cause removal of the tower or support structure and all ancillary structures with costs being borne by the facility or property owner.

C.

Upon removal of the tower or support structure and all ancillary structures, the facility owner or operator or the property owner shall return the development area to its natural state, with topography and vegetation consistent with the natural surroundings or consistent with the current uses of the surrounding or adjacent land at the time of removal.

919.11. Principal or accessory use. For the purposes of determining compliance with applicable zoning requirements and standards other than those contained in Section 919, a personal wireless service facility may be deemed either a principal or accessory use. An existing use or an existing structure on the same lot on which a personal wireless service facility is proposed to be sited shall not preclude the installation of such facility on that lot. For purposes of determining whether the installation of a facility complies with applicable regulations, the dimensions of the entire lot shall control, even if the facility site is a discrete portion of such lot.

(Ord. No. 2012-0001, § 1, 3-20-12; Ord. No. 2013-0010, § 1, 10-15-13; Ord. No. 2016-0014, § 1, 11-15-16)

a.

Uses permitted. The following uses are permitted at a farm winery and may be undertaken without a zoning permit:

1.

The production and harvesting of fruit and other agricultural products and the manufacturing of wine including, but not limited to, activities related to the production of the agricultural products used in wine, including but not limited to, growing, planting and harvesting the agricultural products and the use of equipment for those activities.

2.

The sale, tasting, or consumption of wine within the normal course of business of the farm winery.

3.

The direct sale and shipment of wine by common carrier to consumers in accordance with Title 4.1 of the Virginia Code and the regulations of the Alcoholic Beverage Control Board.

4.

The sale and shipment of wine to the Alcoholic Beverage Control Board, licensed wholesalers, and out-of-state purchasers in accordance with Title 4.1 of the Virginia Code, regulations of the Alcoholic Beverage Control Board, and federal law.

5.

The storage, warehousing, and wholesaling of wine in accordance with Title 4.1 of the Virginia Code, regulations of the Alcoholic Beverage Control Board, and federal law.

6.

Private personal gatherings of a farm winery owner who resides at the farm winery or on property adjacent thereto that is owned or controlled by the farm winery owner, provided that wine is not sold or marketed and no consideration is received by the farm winery or its agents.

b.

Agritourism uses or wine sales related uses. The following uses are permitted as usual and customary activities and events at farm wineries provided they are related to agritourism or wine sales and may be undertaken without a zoning permit:

1.

Exhibits, museums, and historical segments related to wine or to the farm winery.

2.

Farm winery events at which not more than two hundred (200) people are in attendance at any time.

3.

Guest winemakers and trade accommodations of invited guests at a farm winery owner's private residence at the farm winery.

4.

Hayrides.

5.

Kitchen and catering activities related to a use at the farm winery.

6.

Picnics, either self-provided or available to be purchased at the farm winery.

7.

Providing finger foods, soups and appetizers for visitors.

8.

Sale of wine-related items that are incidental to the sale of wine including, but not limited to the sale of incidental gifts such as cork screws, wine glasses, and t-shirts.

9.

Tours of the farm winery, including the vineyard.

10.

Weddings and wedding receptions at which not more than two hundred (200) people are in attendance at any time.

11.

Other uses not expressly authorized that constitute agritourism uses or are wine sales related uses, which are determined by the zoning administrator to be usual and customary uses at farm wineries throughout the Commonwealth, and which do not have a substantial impact on the health, safety or welfare of the public.

c.

Agritourism uses or wine sales related uses; more than two hundred (200) persons at any time; special exception permit. The following uses having more than two hundred (200) people in attendance at any time will have a substantial impact on the health, safety, or welfare of the public and are permitted at a farm winery with a special use permit:

1.

Farm winery events.

2.

Weddings and wedding receptions.

3.

Other uses not expressly authorized that constitute agritourism or wine sales related uses which are determined by the zoning administrator to be usual and customary uses at farm wineries throughout the Commonwealth.

d.

Information and sketch plan to be submitted with application for a special use permit. In addition to any information required to be submitted with an application for a special exception permit under Section 1003.03, each application for one (1) or more uses authorized under Section 920c. shall include the following:

1.

Information. Information pertaining to: (i) the proposed uses; (ii) the maximum number of people who will attend each use at any given time; (iii) the frequency and duration of the uses; (iv) the provision of on-site parking; (v) the location, height and lumens of outdoor lighting for each use; and (vi) the location of any stage, structure or other place where music will be performed.

2.

Plot. A plot plan, which shall be a schematic drawing of the site with notes in a form and of a scale approved by the director of planning depicting: (i) all structures that would be used for the uses; (ii) how access, on-site parking, outdoor lighting, signage and minimum yards will be provided in compliance with this chapter; and (iii) how potential adverse impacts to adjoining property will be mitigated so they are not substantial.

e.

Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be subject to chapter 10, article II of the Amherst County Code.

f.

Yards. Notwithstanding any other provision of this chapter, the minimum front, side and rear yard requirements in Section 804 shall apply to all primary and accessory structures established to all tents, off-street parking areas and portable toilets used in whole or in part to serve any use permitted at a farm winery, provided that the zoning administrator may reduce the minimum required yard upon finding that: (i) there is no detriment to the abutting lot; (ii) there is no harm to the public health, safety or welfare; and (iii) written consent has been provided by the owner of the abutting lot consenting to the reduction.

(Ord. No. 2012-0004, § 4, 7-17-12)

921.01. Intent. The provisions in this section are intended to offer greater flexibility in providing a variety of housing options, and will accommodate new developments of single-family attached dwellings.

921.02. Minimum acreage of development. The minimum acreage for a single-family attached dwelling development shall be three (3) acres.

921.03. Density requirements. The following maximum density requirements shall apply:

921.04. Use coverage. The maximum lot coverage shall be forty (40) percent.

921.05. Application of minimum lot area, lot width and yard setback requirements. The minimum lot area, lot width and yard setback requirements herein and in the county's subdivision regulations shall not apply except as follows:

921.06. Maximum height of buildings. The maximum height restrictions for residential and other uses shall conform to those of the underlying zoning district in Section 803.

921.07. Streets and utilities. All new streets and utilities shall meet the following requirements:

1.

The traffic circulation pattern, the street dimensions, curbs and gutters and curb cuts shall meet the specifications of the Virginia Department of Transportation and Code of Virginia, §§ 33.1-197 and 33.1-198, as amended, and the Minimum Standards of the Entrances to State Highways, and be approved by the resident engineer. The board of supervisors may permit private roads designed to adequately handle projected traffic, as shown by a licensed engineer, and which will be perpetually maintained.

2.

All dwelling units shall be connected to water and sewerage systems approved by the health department and shall be open to inspection. When mass drain fields are used, the requirements in Section 1104.03.3(m) shall be met.

3.

If a single-family attached dwelling cannot be connected to a public or common on-site sewage system, and must maintain a single on-site sewage system, the lot area requirements of the respective zoning district in which the single-family attached dwelling development is located shall apply.

4.

All utilities shall be underground.

921.08. Parking requirements. Off-street parking and loading spaces shall meet the requirements set forth in Sections 602 and 603 herein.

921.09. Maintenance of open space. The developer of the single-family attached dwelling development shall establish a non-profit association, corporation, trust, or foundation of all individuals or corporations owning property within the development to ensure the maintenance of any open spaces, as follows:

1.

The developer shall establish the organization prior to the sale of any lot or property, and shall relinquish control of the organization pursuant to a majority vote by the membership of the organization.

2.

Membership in the organization shall be mandatory for all property owners within the single-family attached development.

3.

The organization shall manage all open space, and recreational and cultural facilities, shall provide for the maintenance, administration, and operation of the land and improvements, and shall secure adequate liability insurance on the land and other common areas.

4.

The organization shall conform to the Condominium Act, Code of Virginia, §§ 55-79.39 through 55-79.103, as amended.

5.

Unit owners or managers shall be responsible for maintenance of any leased units.

921.10. Other amenities. The following minimum requirements for recreation areas, screenings and walks shall apply:

1.

Tot lots and swimming areas shall be adequately enclosed, and all recreational areas shall be located away from the concentrations of vehicular traffic.

2.

Fencing or vegetation screening shall be provided to a height of six (6) feet and of such a density that no part of the development shall be visible to an observer on any side of the development abutting any yard of a residential or nonresidential structure. These requirements may not apply where natural features such as topography or natural vegetation are preserved and prevent the development from being visible from adjoining properties. Fencing where required shall be painted, and shall be kept in good repair.

3.

Common walks or trails, either paved or unpaved, of a width of at least four (4) feet shall be provided on at least one (1) side of all streets, and wherever concentrations of pedestrian traffic can be expected, as between recreational facilities, walks and trails may be incorporated into the street curb. Walk grades shall not exceed ten (10) percent; lights shall be provided to sufficiently illuminate steps.

921.11. Application requirements.

1.

Single-family attached dwelling developments shall be established in accordance with the procedure in the underlying zoning districts where single-family attached dwelling developments are permitted. The application for a single-family attached dwelling development shall be accompanied by a development master plan and subdivision plat.

2.

The development master plan shall contain the information required in Sections 1103 and 1104 herein, together with supplementary data for a particular development, as reasonably deemed necessary by the zoning administrator.

3.

The development subdivision plat shall contain the information required in Sections 1203 and 1204 herein, together with supplementary data for a particular development, as reasonably deemed necessary by the zoning administrator.

921.12. Procedure.

1.

Applicants are required to meet with the planning staff and other qualified officials through the site plan process as found in Article XI herein.

2.

Applications for single-family attached dwelling developments that require a special exception shall be heard by the planning commission and board of supervisors pursuant to the same procedure utilized for other special exception requests, including procedures adopted to comply with the notice provisions of the Code of Virginia, § 15.2-2204.

921.13. Effect of approval.

1.

Once a site plan (and special exception if required) for a single-family attached dwelling development has been approved, a final plat shall be approved if compliant with all requirements, and thereafter recorded in the office of the clerk of the circuit court in accordance with Article XII herein.

2.

Upon recordation of the approved final plat, the zoning administrator shall make the appropriate notation on the zoning map that the affected lots have been approved for attached dwellings.

(Ord. No. 2015-0011, § 1, 11-17-15)

922.01. Intent. The special provisions in this section are designed to allow for improved access to properties in rural areas of the county while minimizing adverse impacts to adjoining properties.

922.02. General standards. The following general standards shall be met for private aviation facilities:

1.

Written approval shall be obtained from the Virginia Department of Aviation.

2.

No flight strip or heliport shall be located within five hundred (500) feet of any adjoining residential structure, other than residences planned in conjunction with the private aviation facility.

3.

Buildings and structures, such as hangers and maintenance sheds, shall be considered accessory uses to the private aviation facility, but shall otherwise comply with all requirements for a principal structure.

4.

Nighttime use and operation of a private aviation facility shall be prohibited unless specifically approved as part of the special exception.

(Ord. No. 2015-0011, § 1, 11-17-15)

923.01. Development standards for small solar generation facilities. The following provisions apply to all small solar generation facilities:

1.

Small solar generation facilities located on structures shall comply with all provisions of the Uniform Statewide Building Code.

2.

Small solar generation facilities shall comply with generally accepted national environmental protection and product safety standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) projects, such as those developed for existing product certifications and standards including the National Sanitation Foundation/American National Standards Institute No. 457, International Electrotechnical Commission No. 61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No. 61730-2. A site development plan or building permit application shall make reference to the specific safety and environmental standards complied with.

3.

Small solar generation facilities shall be treated with anti-reflection coating.

4.

The provisions of this subsection may be varied or modified as part of a master plan or proffered condition.

923.02. Development standards for agricultural solar generation facilities. The following standards apply to all agricultural solar generation facilities:

1.

Setbacks for agricultural solar generation facilities shall be one hundred fifty (150) feet from the nearest lot line of a parcel not under common ownership, unless mounted on a structure that otherwise meets setbacks.

2.

Agricultural solar generation facilities located on structures shall comply with all provisions of the Uniform Statewide Building Code.

3.

Agricultural solar generation facilities shall comply with generally accepted national environmental protection and product safety standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) projects, such as those developed for existing product certifications and standards including the National Sanitation Foundation/American National Standards Institute No. 457, International Electrotechnical Commission No. 61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No. 61730-2. A site development plan or building permit application shall make reference to the specific safety and environmental standards complied with.

4.

Agricultural solar generation facilities shall be treated with anti-reflection coating.

5.

The provisions of this subsection may be varied or modified as part of a master plan or proffered condition.

923.03. Community meeting prior to application for utility-scale solar generation facility. A public meeting shall be held prior to the public hearing with the planning commission to give the community an opportunity to hear from the applicant and ask questions regarding the proposed facility. The meeting shall be held under the following guidelines:

1.

The applicant shall inform the zoning administrator and adjacent property owners in writing of the date, time, and location of the meeting, at least seven (7) but no more than fourteen (14) days in advance of the meeting.

2.

The date, time, and location of the meeting shall be advertised in a newspaper of general circulation in the county by the applicant, at least seven (7) but no more than fourteen (14) days in advance of the meeting date.

3.

The meeting shall be held within the county, at a location open to the general public with adequate parking and seating facilities that will accommodate persons with disabilities.

4.

The meeting shall give members of the public the opportunity to review application materials, ask questions of the applicant, and provide feedback.

5.

The applicant shall provide to the zoning administrator a summary of any input received from members of the public at the meeting.

923.04. Application requirements for a special exception for a utility-scale solar generation facility. In addition to the requirements set forth in Section 1003.03, an application for a special exception for a utility-scale solar generation facility shall contain:

1.

A project narrative identifying the applicant, facility owner, site owner, and operator, if known at the time of application, and describing the proposed utility scale solar energy facility, including an overview of the project and its location; the size of the site and the project area; the current use of the site; the estimated time for construction and proposed date for commencement of operations; the planned maximum rated capacity of the facility; the approximate number, representative types and expected footprint of solar equipment to be constructed, including, without limitation, photovoltaic panels; ancillary facilities, if applicable; and how and where the electricity generated at the facility will be transmitted, including the location of the proposed electric grid interconnection.

2.

A concept plan including the following information:

a.

Property lines, minimum required setback lines, and any proposed setback lines that exceed the minimum requirements.

b.

An area map showing the proposed site within a five-mile radius, together with prominent landmarks and physical features.

c.

Existing and proposed buildings and structures, including preliminary location(s) of the proposed solar equipment.

d.

Existing and proposed access roads, permanent entrances, temporary construction entrances, drives, turnout locations, and parking, including written confirmation from the Virginia Department of Transportation (VDOT) that all entrances satisfy applicable VDOT requirements; provided, however, these requirements shall not exceed VDOT requirements for other types of projects in the underlying zoning district.

e.

Proposed locations and maximum heights of substations, electrical cabling from the solar systems to the substations, panels, ancillary equipment and facilities, buildings, and structures (including those within any applicable setbacks).

f.

Fencing or other methods of ensuring public safety.

g.

Areas where the vegetative buffering will be installed and maintained and areas where pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers will be installed and maintained.

h.

Existing wetlands, woodlands, and areas containing substantial woods or vegetation.

i.

Identification of recently cultivated lands and predominant soil types (based on publicly-available data) of those lands.

j.

Additional information may be required, as determined by the zoning administrator, such as a scaled elevation view and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed solar energy project from potentially sensitive locations as deemed necessary by the zoning administrator to assess the visual impact of the project, aerial image or map of the site, and additional information that may be necessary for a technical review of the proposal. The planning commission or board of supervisors may also require other relevant information deemed to be necessary to evaluate the application.

3.

A landscaping and screening plan that addresses the vegetative buffering required, including the use of existing and newly installed vegetation to screen the facility. The plan also must address the use of pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers in the project area and in the setbacks and vegetative buffering.

4.

The following materials relating to environmental and cultural resources shall also be submitted:

a.

A report by the Virginia Department of Historic Resources Virginia Cultural Resource Information System must be submitted to identify historical, architectural, archeological, or other cultural resources on or near the proposed facility.

b.

A copy of the cultural resources review conducted in conjunction with the state Department of Historic Resources for the Department of Environmental Quality permit by rule process. This report shall be in addition to the report required in subsection (a) above and shall further identify historical, architectural, archeological, or other cultural resources on or near the proposed site.

c.

A report on the potential impacts on wildlife and wildlife habitats at the site and within a two-mile radius of the proposed facility using information provided by the Department of Game and Inland Fisheries or a report prepared by a qualified third party.

d.

A report on potential impacts on pollinators and pollinator habitats at the site, including but not necessarily limited to the submission of a completed solar site pollinator habitat assessment form as required by the zoning administrator.

e.

A glint and glare study that demonstrates that the panels will be sited, designed, and installed to eliminate glint and glare effects on roadway users, nearby residences, commercial areas, and other sensitive viewing locations, or that the applicant will use all reasonably available mitigation techniques to reduce glint and glare to the lowest achievable levels. The study will assess and quantify potential glint and glare effects and address the potential health, safety, and visual impacts associated with glint and glare. Any such assessment must be conducted by qualified individuals using appropriate and commonly accepted software and procedures.

f.

Copy of any agreement between the utility, landowner, and applicant that grants permission to connect to the electrical system.

5.

The zoning administrator may accept an application for processing in situations in which some or all of the materials in subsection 4 are unavailable. For utility-scale solar generation facilities less than fifteen (15) megawatts in size, the zoning administrator may waive this requirement if it is reasonably expected to be waived in the Department of Environmental Quality permit-by-rule process. However, the final decision whether to act upon, grant, deny, or condition a special exception notwithstanding these materials not being included in the application lies with the board of supervisors.

6.

The County may retain qualified third parties to review and inspect the permit applications and construction activities of utility-scale solar generation facilities that are outside the County's areas of expertise. Any out-of-pocket costs incurred by the County for such review and or inspections by qualified third parties shall be paid by the applicant. The third-party reviewers, inspectors and their estimated costs will be submitted to the applicant for approval before the costs are incurred. The County may, in the alternative, accept such review by qualified third parties that are selected, retained, and paid by the applicant.

923.05. Development standards for utility-scale solar generation facilities. The following development standards apply to all utility-scale solar generation facilities:

1.

Utility-scale solar facilities shall not exceed a maximum lot coverage of 50 acres under panel.

2.

Utility-scale solar generation facilities shall not be located in the flood hazard overlay district as provided in section 714.

3.

A utility-scale solar facility shall not be located within one (1) miles of any other existing utility-scale solar facility.

a.

For purposes of spacing, distances shall be measured from panel to panel.

4.

The facility shall use only panels that employ anti-glare technology, anti-reflective coatings, and other available mitigation techniques, all that meet or exceed industry standards, to reduce glint and glare. The applicant shall provide written certification from a qualified expert acceptable to the county that the facility's panels incorporate and utilize anti-glare technology and anti-reflective coatings and reduce glint and glare to levels that meet or exceed industry standards. The board of supervisors may impose conditions requiring that through project siting and proposed mitigation the solar project minimizes impacts on viewsheds, including from residential areas and areas of scenic, historical, cultural, archeological, and recreational significance.

5.

Utility-scale solar generation facilities must comply with generally accepted national environmental protection and product safety standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) projects, such as those developed for existing product certifications and standards including the National Sanitation Foundation/American National Standards Institute No. 457, International Electrotechnical Commission No. 61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No. 61730-2. A final site plan must reference the specific safety and environmental standards complied with.

6.

The project area must be set back a distance of at least one hundred fifty (150) feet from all property lines. Exceptions may be made for adjoining parcels that are owned by the applicant.

7.

The project area must be enclosed by security fencing not less than six (6) feet in height and equipped with appropriate anticlimbing device such as strands of barbed wire on top of the fence. Fencing must be installed on the interior of the vegetative buffer required so that it is screened from the ground level view of adjacent property owners. The fencing must be maintained at all times while the facility is in operation.

8.

A vegetative buffer sufficient to mitigate the visual impact of the facility is required. The buffer must consist of a landscaping strip at least forty (40) feet wide, located within the setbacks required in subsection 3 above, and must run around the entire perimeter of the project area. The buffer must consist of existing vegetation and, if deemed necessary for the issuance of a special exception, an installed landscaped strip consisting of multiple rows of staggered trees and other vegetation. This buffer should be made up of plant materials at least three (3) feet tall at the time of planting and that are reasonably expected to grow to a minimum height of eight (8) feet within three (3) years. Non-invasive plant species and pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs and wildflowers must be used in the vegetative buffer. Fencing must be installed on the interior of the buffer. Existing trees and vegetation may be maintained within such buffer areas except where dead, diseased or as necessary for development or to promote healthy growth, and such trees and vegetation may supplement or satisfy landscaping requirements as applicable. If existing trees and vegetation are disturbed, new plantings shall be provided for the buffer. The buffer must be maintained for the life of the facility.

9.

The project area must be seeded with appropriate pollinator-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers. The project area must be seeded promptly following completion of construction in such a manner as to reduce invasive weed growth and sediment in the project area. The owners and operators also are required to install pollinator-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers in the setbacks and vegetative buffering.

10.

Ground-mounted solar energy generation facilities may not exceed a height of twenty (20) feet, which shall be measured from the highest natural grade below each solar panel. This limit does not apply to utility poles and the interconnection to the overhead electric utility grid that meet State Corporation Commission requirements.

11.

Lighting must be limited to the minimum reasonably necessary for security purposes and shall be designed to minimize off-site effects. Lighting on the site shall be dark sky-compliant.

12.

Utility scale solar energy facilities may not be located within one (1) mile of an airport unless the applicant submits, as part of its application, written certification from the Federal Aviation Administration that the location of the facility poses no hazard for, and will not interfere with, airport operations.

13.

Applicants for new utility-scale solar generation facilities shall coordinate with the county's emergency services staff to provide materials, education and/or training to the departments serving the property with emergency services in how to safely respond to on-site emergencies. The incident response plan, all aspects of which are paid for by the applicant, must ensure that local responders have the necessary equipment and training to effectively handle emergencies.

a.

Emergency personnel will be given a key or code to access the property in case of an on-site emergency.

14.

In approving conditions on a special exception, the board of supervisors may expand, waive, or modify the requirements of this section, but it may not waive subsections 3 and 11.

923.06. Considerations on issuing special exception. The board of supervisors may impose conditions reasonably designed to mitigate the impacts of a solar generation facility where permitted only by special exception. Conditions on such a special exception may include requirements for (i) dedication of real property of substantial value to the county or one (1) of its instrumentalities or (ii) substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the granting of the special exception, so long as such conditions are reasonably related to the project. In considering any application for a special exception for a utility-scale solar generation facility, the board of supervisors shall consider the following matters in addition to those otherwise provided in this Appendix:

1.

The topography of the site and the surrounding area;

2.

The proximity of the site to, observability from, and impact on urban and residential areas;

3.

The proximity of the site to, observability from, and impact on areas of historical, cultural, and archaeological significance;

4.

The proximity of the site to other utility scale solar energy facilities, other energy generating facilities, and utility transmission lines;

5.

The proximity of the site to, observability from, and impact on areas of scenic significance, such as scenic byways, vistas, and blueways;

6.

The proximity of the site to, observability from, and impact on public rights-of-way, including, but not limited to, highways, secondary roads, streets, and scenic byways;

7.

The proximity of the site to, observability from, and impact on recreational areas, such as parks, battlefields, trails, lakes, rivers, and creeks;

8.

The proximity of the site to airports;

9.

The preservation and protection of wildlife and pollinator habitats and corridors;

10.

The proximity of the site to any urban planning area, community planning area, or environmentally or culturally sensitive area identified in the comprehensive plan;

11.

The size of the site;

12.

The proposed use of available technology, coatings, and other measures for mitigating adverse impacts of the facility;

13.

The preservation and protection of prime farmland in the county;

14.

With regard to any cash payments or in-kind contributions, the impact of the project on probable future uses of the land if not developed with a solar farm, including any changes in future tax revenues; investments in infrastructure for other types of development that may have occurred in the area, and would be of lesser utility; and the provisions of a siting agreement under Code of Virginia, § 15.2-2316.6 et seq., as amended; and

15.

Such other matters as the board of supervisors may deem reasonably related to the application or its impacts.

923.07 Comprehensive Plan (2232) Review. The Comprehensive Plan review shall be based on the Special Exception Application Form and Concept Plan. The Code of Virginia § 15.2-2232 requires a review of public utility facility proposals by the Planning Commission to determine if their general or approximate location, character, and extent are substantially in accord with the Comprehensive Plan or part thereof.

a.

The Planning Commission must consider, at a public meeting, whether the project is in substantial accord with the Comprehensive Plan. Failure of the Planning Commission to act within 60 days of a submission, unless the time is extended by the Board of Supervisors, shall be deemed approval.

i.

If the Planning Commission approves the 2232 review, the project shall be recommended for a public hearing for the special exception permit.

ii.

If the Planning Commission does not approve the 2232 review, the applicant may appeal the decision to the Board of Supervisors within 10 days after the decision of the Planning Commission. The appeal shall be by written petition to the Board of Supervisors setting forth the reasons for the appeal. The appeal shall be heard and determined within 60 days from its filing unless the time is extended by the applicant. A majority vote of the Board of Supervisors shall overrule the Planning Commission.

b.

If the Board of Supervisors agree to negotiate a Siting Agreement in accordance with Code of Virginia § 15.2-2316.8, the 2232 review process may be delayed until negotiations are complete.

923.08. Special provisions for smaller utility-scale solar generation facilities and agricultural solar generation facilities. The zoning administrator may exempt applications for facilities smaller than four (4) acres with a rated capacity equal to or less than 1.5 megawatts (MW) that are allowed by-right from some or all of the requirements of Section 923.05. For such applications that require a special exception, the zoning administrator may exempt such facility from some or all of the application requirements of Section 923.06 as well. However, the final decision on all exemptions from requirements of facilities requiring a special exception lies with the board of supervisors.

923.09 Revenue Sharing. In accordance with the authority granted localities pursuant to Section 58.1-2636 of the Code of Virginia (1950, as amended), the county hereby assesses: (i) a revenue share of $1,400 per megawatt, as measured in alternating current (AC) generation capacity of the nameplate capacity of the facility based on submissions by the facility owner to the interconnecting utility, on any solar photovoltaic (electric energy) project; and (ii) a revenue share of $1,400 per megawatt, as measured in alternating current (AC) storage capacity, on any energy storage system. The revenue share of $1,400 per megawatt imposed by this section shall be increased on July 1, 2026, and every five (5) years thereafter, by ten percent (10%). The provisions of this section shall not apply to solar photovoltaic projects or energy storage systems for which an application was filed with the county, as defined by Section 58.1-3660(D) of the Code of Virginia (1950, as amended), and such application was approved by the county prior to January 1, 2021. For purposes of this section, "solar photovoltaic (electric energy) project" shall not include any project that is: (i) described in Sections 56-594, 56-594.1, or 56-594.2 of the Code of Virginia (1950, as amended) or Chapters 358 and 382 of the Acts of Assembly of 2013, as amended; or (ii) 20 megawatts or less, as measured in alternating current (AC) generation capacity, for which an initial interconnection request for was filed with an electric utility or a regional transmission organization on or before December 31, 2018.

(Ord. No. 2020-0012, § 1, 10-6-20; Ord. No. 2024-1, § 1, 3-19-24; Ord. No. 2023-6, 10-17-23)

924.01. Intent. The special provisions in this section are designed to cover the uniqueness of food truck operations. These provisions shall help maintain a healthy and equitable atmosphere by minimizing the diverse impacts that effect this operation. All mobile vehicles providing retail sales of food (food trucks, food trailers or food carts) shall comply with this section. This section does not apply to "meals on wheels" program vehicles, mobile ice cream trucks or food home delivery services.

924.02. General Requirements. Food trucks, where permitted, must meet all of the following requirements:

1.

The applicant must be the owner of the property or have written permission from the owner or legal representative on which the mobile food vehicle business will be located.

2.

No mobile food vehicle shall use flashing or moving lights as part of its operation.

3.

All equipment required for the mobile food vehicle business shall be contained within, attached to or within ten (10) feet of the food truck, trailer or cart.

4.

All requirements in Section 13-55, Litter receptacles at places frequented by the public, shall be met.

5.

A zoning permit shall be obtained by the vendor prior to operations of any mobile food vehicle and must be renewed if the approved use has elapsed over a year.

6.

Each food truck, trailer or cart shall provide a copy of a valid Mobile Food Establishment permit issued by the Virginia Department of Health.

7.

Food trucks, trailers or carts who operate in Amherst County are required to obtain a peddler's license.

8.

Copies of the zoning permit and all applicable permits shall be kept in the food truck, trailer and/or cart at all times.

924.03. Location and access.

1.

Food trucks, trailers or carts shall be located at a minimum distance of twenty-five (25) feet from the edge of any means of ingress or egress, exit or emergency access/exit, emergency call box or fire hydrant.

2.

Food trucks, trailers and carts shall not be located in any right-of-way, nor obstruct any easement.

3.

Food trucks, trailers and carts shall not occupy any parking spaces required to fulfill the minimum requirements in section 602 of the principal use, unless the principal use's hours of operation do not coexist with those of the food truck business.

4.

Food trucks, trailers and carts shall have at a minimum three (3) parking spaces for patron use.

924.04. Exempt Food Trucks, Trailers and Carts. The following food truck, trailer and carts are permitted and exempt from the zoning permit process.

1.

Meals on Wheels program vehicles.

2.

Food home delivery services.

3.

Single weekend events, i.e., birthdays, holidays, anniversaries, fairs, festivals, parades, etc.

4.

Any other use which the Zoning Administrator determines is consistent with the statement of intent for this use and is of the same general character as the other exempt uses in this section.

(Ord. No. 2021-0004, § I, 5-18-21)