This chapter, and the official zoning map made a part hereof, shall be known and may be cited and referred to as the "Botetourt County Zoning Ordinance". The ordinance and official zoning map are available for review in the Botetourt County Planning Office.

(Res. of 1-1-02, § 1-101)

This chapter, as adopted and amended, is for the general purpose of promoting the health, safety and general welfare of the public, and to implement the Botetourt County Comprehensive Plan, in accord with the purposes of planning and zoning as set forth in § 15.2-2283 of the Code of Virginia, as amended. To these ends, the chapter is intended to:

(1)

Provide for adequate light, air, convenience of access, and safety from fire, flood and other dangers;

(2)

Reduce or prevent congestion in the public streets;

(3)

Facilitate the creation of a convenient, attractive and harmonious community;

(4)

Facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements;

(5)

Protect against destruction of or encroachment upon historic areas;

(6)

Protect against overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, and loss of life, health, or property from fire, flood, panic or other dangers;

(7)

Encourage economic development activities that provide desirable employment and enlarge the tax base;

(8)

Provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of natural resources;

(9)

Protect approach slopes and other safety areas of licensed airports;

(10)

Encourage and accommodate affordable housing suitable for meeting the current and future housing needs of the county;

(11)

Protect surface water and groundwater resources;

(12)

Provide safety from crime.

The Code further states that the governing body of any county may by ordinance classify territory under its jurisdiction or any substantial portion thereof into districts of such number, shape and size as it may deem best suited to carry out the purposes of such article, and in each district it may regulate, restrict, permit, prohibit and determine the following:

a.

The use of land, buildings, structures and other premises for agricultural, business, industrial, floodplain and other specific uses;

b.

The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing or removal of structures;

c.

The areas and dimensions of land, water and air space to be occupied by buildings, structures and uses, and of courts, yards and other open space to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used;

d.

The excavation or mining of soil or other natural resources.

(Res. of 1-1-02, § 1-102)

This chapter and the zoning maps have been drawn with reasonable consideration for the existing use and character of property; the existing land use plan; the suitability of property for various uses; the trends of growth or change; the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies; the transportation requirements of the community; the requirements for airports; the housing, schools, parks, playgrounds, recreation areas and other public services; for the conservation of natural resources; and the preservation of floodplains; and for the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the county.

(Res. of 1-1-02, § 1-103)

The regulations and restrictions in this chapter shall apply uniformly to all buildings, structures, land, water and uses within the unincorporated area of Botetourt County, Virginia, excepting those areas determined by law to be under the sovereign control of the United States of America or the Commonwealth of Virginia.

(Res. of 1-1-02, § 1-201)

All buildings and structures erected hereafter, all uses of land, water or buildings established hereafter, all structural alterations or relocations of existing buildings occurring hereafter, and all enlargements of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, structures, uses or land are located. Existing buildings, structures and uses which comply with the regulations of this chapter shall likewise be subject to all regulations of this chapter.

Existing buildings, structures and uses which do not comply with regulations herein shall be subject to the provisions of article V of this chapter relating to nonconformities.

(Res. of 1-1-02, § 1-202)

No building or structure, no use of any building, structure or land, and no lot of record now or hereafter existing shall hereafter be established, altered, moved, diminished, divided, eliminated or maintained in any manner except in conformity with the provisions of this chapter.

(Res. of 1-1-02, § 1-203)

(a)

Compliance with chapter generally.

(1)

No building, structure or land shall be used or occupied, and no building or structure or part thereof shall be constructed, except in conformity with all of the regulations specified in this chapter for the district in which it is located.

(2)

No building or other structure shall be erected or altered:

a.

To exceed the height or bulk specified in this chapter.

b.

To accommodate or house a greater number of families than permitted by this chapter.

c.

To occupy a greater percentage of lot area than specified in this chapter.

d.

To have narrower or smaller rear yards, front yards, side yards, or other open space than required by this chapter.

e.

In any other manner contrary to the provisions of this chapter.

(b)

Compliance with chapter in issuance of permits and licenses. All departments, officials and public employees of the county vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter. They shall issue permits or licenses for uses, buildings or purposes only when they are in harmony with the provisions of this chapter. Any such permit or license, if issued in conflict with the provisions of this chapter, shall be null and void.

(Res. of 1-1-02, § 1-204)

(a)

Pursuant to § 56-46.1 of the Code of Virginia, electrical transmission lines of 150 kV or more, approved by the State Corporation Commission, shall be deemed to have satisfied the requirements of this chapter. In addition, the following utility uses are exempt from the provisions of this article: poles, wires, cables, conduits, vaults, laterals, pipes, valves, meters or any other similar equipment when used for the purpose of distributing service to individual customers within an approved or established service area, but not including telecommunications towers, plants, substations.

(b)

The height limitations of this chapter shall not apply to cupolas, barns, silos, farm buildings, chimneys, flag poles, water tanks, and monuments and necessary mechanical appurtenances not exceeding in height the distance therefrom to the nearest lot line.

(Res. of 1-1-02, § 1-205)

This chapter is not intended to abrogate, annul or otherwise interfere with any easement, covenant or other private agreement or legal relationship, provided, however, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such private agreements or legal relationships, the regulations of this chapter shall govern.

(Res. of 1-1-02, § 1-206)

Any land that is annexed from the county into an incorporated town or independent city, or that is reverted to the county from an incorporated town or independent city, shall be regulated in accord with the terms of the annexation or reversion agreement that establishes such change in governance.

(Res. of 1-1-02, § 1-207)

Nothing contained in this chapter shall require any change in the plans or construction of any building or structure for which a permit was granted prior to January 1, 2002.

If construction is discontinued for a period of six (6) months, further construction shall be in conformity with the provisions of this chapter for the district in which the operation is located.

(Res. of 1-1-02, § 1-208)

At the effective date of this chapter, the previously existing Botetourt County Zoning Ordinance is hereby repealed, and this chapter replaces it in its entirety. Further, all property in Botetourt County shall retain the zoning district classification as named under the previous zoning ordinance except as amended and otherwise provided by this chapter.

(Res. of 1-1-02, § 1-209)

This chapter shall become effective at 12:01 a.m. January 1, 2002, as adopted by the Botetourt County Board of Supervisors.

(Res. of 1-1-02, § 1-210)

(a)

Calculations of development density, including lot, lot area, parent tract, net and gross density for residential development, floor area ratio for non-residential development density, and other such terms, shall be made in accord with the formulas provided within the definitions of those terms in article VI of this chapter.

(b)

Calculations of allowable floor area ratio shall be based upon the floor area ratio as established by the zoning district in effect for the site at the time a site plan for the lot is officially accepted for review by the county.

(Res. of 1-1-02, § 1-211)

No public facility shall be constructed, established or authorized unless and until it has been determined by the zoning administrator to be excepted from review for conformity with the comprehensive plan, or its general or approximate location, character and extent has been formally reviewed and approved by the planning commission or board of supervisors as provided by § 15.2-2232 of the Virginia Code, as being in substantial accord with the county's adopted comprehensive plan or part thereof.

Repair, reconstruction, improvement and normal service extensions of public facilities or public corporation facilities, unless involving a change in the location or extent of a street or public area shall be deemed to be in accordance with § 15.2-2232 of the Virginia Code. For purposes of this section, widening, extension, enlargement or change of use of public streets or public areas shall not be deemed to be excepted from the requirement of review for comprehensive plan conformity.

(Res. of 1-1-02, § 1-212)

The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare, as set forth in article I, division 1, establishing the purpose and intent of this chapter.

(Res. of 1-1-02, § 1-301)

For the purpose of this chapter, certain words and terms are to be interpreted as set forth in article VI.

In case of any dispute over the meaning of a word, phrase or sentence, whether defined in this chapter or not, the zoning administrator is hereby authorized to make a definitive determination thereof, being guided in such determination by the purposes and intent of this chapter, as set forth in section 25-2; provided, that an appeal may be taken from any such determination as provided in article V of this chapter.

(Res. of 1-1-02, § 1-302)

Subject to the zoning administrator's interpretive powers as provided for herein, no uses are permitted unless included in the lists of permitted, permissible or accessory uses in a district.

(Res. of 1-1-02, § 1-303)

Uses other than those allowed in the applicable district may be added to a district upon adoption of a text amendment approved by the board of supervisors, pursuant to the procedures set forth in article V of this chapter.

(Res. of 1-1-02, § 1-304)

(a)

The county is divided into the zoning districts set forth in this chapter, in article I, division 6, and defined in articles I and III, and as shown on the map entitled "Zoning Map, Botetourt County, Virginia" which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

(b)

The zoning map shall be located in the office of the zoning administrator and shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the county save for subsequent amendments enacted by the board of supervisors and not yet officially recorded on said map.

(c)

No changes of any kind shall be made to the zoning map except in conformity with the procedures and requirements of this chapter.

(d)

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

(1)

Where district boundaries are indicated as approximately following or being at right angles to the center lines of streets, highways, alleys or railroad main tracks, such center line of the right-of-way or prescriptive easement or lines at right angles to such center lines shall be construed to be such boundaries, as the case may be.

(2)

Where a district boundary is indicated to follow the shoreline of a river, creek, branch, pond, lake or other body of water, such boundary shall be construed to follow the shoreline at low water or at the limit of the jurisdiction, and if there is a change in the shoreline, such boundary shall be construed as moving with the actual shoreline. Where a district boundary is indicated to follow the centerline of a river, creek, branch or other body of water, such boundary shall be construed to follow the centerline at low water or at the limit of the jurisdiction, and if there is a change in the shoreline, such boundary shall be construed as moving with the actual shoreline.

(3)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(4)

Where areas appear to be unclassified, or where territory is added to the jurisdictional area, it shall be considered to be classified as A-1 until action is taken to amend the zoning map or otherwise determine the boundary and/or district, in accord with the provisions of this chapter.

(5)

If no distance, angle, curvature description or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the same shall be determined by the use of the scale shown on such zoning map.

Any party with a concrete, particularized interest in the location of the boundary between zoning districts may apply to the zoning administrator for a determination of the location of the line. The application shall be in writing and shall include such information as is in the possession of the applicant or is publicly available, including applicable deeds and plats, the name and last known address of the owner or owners of all parcels bordering on the parcel which the boundary line between districts may cross or separate, and an application fee to be set by the board of supervisors. The zoning administrator shall notify the applicant within thirty (30) days of receipt of the complete application of such other and further materials as will be necessary to render a complete opinion. The zoning administrator shall render a final and binding opinion, in writing, within ninety (90) days following receipt of a complete application, and send certified copies thereof to all landowners identified in the initial application. In case of subsequent dispute, the matter may be appealed to the board of zoning appeals within thirty (30) days thereafter in accordance with the provisions of this chapter.

(Res. of 1-1-02, § 1-305; Res. No. 16-05-14, 5-24-16; Res. No. 16-05-15, 5-24-16; Res. No. 16-05-16, 5-24-16; Res. No. 16-05-17, 5-24-16)

(a)

Regular lots, width measurements. The width of a regular lot shall be determined by measurement across the lot at the depth of the required front yard or building setback line. The distance between side lot lines at the points where they intersect with a street line shall be not less than eighty (80) percent of the required width of the lot. However, in cases where lots front on curved or circular (cul-de-sac) streets, the radii of which do not exceed ninety (90) feet, the distances between side lot lines where they intersect with the street line may be reduced to sixty (60) percent of the required lot width, measured in a straight line between the points where side lot lines extended intersect the street line. Lot width shall be measured only along continuous frontage facing one (1) street.

(b)

Regular lots, determination of front yard.

(1)

On regular interior lots, the front shall be construed to be the portion nearest the street or access road.

(2)

On regular corner lots, the front shall be construed to be the shortest boundary fronting on a street. If the lot has equal frontage on two (2) or more streets, the front lot shall be determined and shown on the subdivision plat or site plan by the prevailing building pattern, or the prevailing lot pattern if the building pattern has not been established.

(3)

On regular through corner lots, the front shall be construed to be the shorter boundary fronting the street, provided that if the shortest boundary fronting on a street is eighty (80) percent or more of the length of the longest boundary fronting on a street, the applicant may select either frontage providing the lot width requirements are met.

(4)

On regular through lots, unless otherwise determined by the zoning administrator due to the prevailing building pattern, the front shall be construed to be the shorter boundary fronting on a street. If the lot has equal frontage on two (2) streets, the front of the lot shall be determined and shown on all subdivision plats and site plans by the prevailing building pattern, or the prevailing lot pattern if a building pattern has not been established.

(c)

Regular lots, yards adjacent to street.

(1)

Front yards of at least the depth required by setback requirements in the district shall be provided across the entire frontage of a regular lot.

(2)

Other yards adjacent to streets shall be provided across or along the entire portion of the lot adjacent to the street.

(3)

Depth of required yards adjacent to streets shall be measured perpendicular or radially to such street lines, and the inner line of such required yards shall be parallel to the outer line.

(d)

Rear yards on interior regular lots. Rear yards on interior regular lots shall be provided of at least the depth required for the district, and shall run across the full width of the lot at the rear. Depth of a required rear yard shall be measured in such a manner that the yard is a strip of land with minimum depth required by district regulations with its inner edge parallel with its outer edge.

(e)

Yards on corner lots. Corner lots shall be deemed to have no rear yards, but only two (2) front yards and two (2) side yards. Through lots shall be deemed to have two (2) front yards, and two (2) side yards.

(f)

Side yards on regular lots. Side yards on regular lots are defined as extending from the required front yard line (setback line) to the required rear yard line. On regular through lots the required side yard shall run from the required front yard line to the second required front yard line. On corner lots the required side yards shall run from the point where side yard lines intersect, to the required front yard lines.

(g)

Irregular lots, dimensional requirements. An irregular lot if so located, shaped or oriented to adjacent lots that application of general measurement methods or dimensional yard requirements of the district where located serve no significant public purpose. Irregular yards shall be considered to meet the dimensional requirements of the district in which located, provided that:

(1)

Lot area shall meet district requirements for the proposed use.

(2)

Open space and buffer yard requirements are met for the proposed or permitted uses.

(3)

Remaining area for structures and parking is adequate in size and configuration for the proposed or permitted uses.

(h)

Irregular lots, yard requirements. All yards shall provide at least the same separation from all lot lines as required for minimum side yards in the district, and for the lot line which is determined to be the front lot line, setback and yard requirements for front yards shall be met. Additionally, if an irregular lot abuts a street at any point, a distance shall be provided that equals the yard required on a regular lot adjacent to a street in the district.

(i)

Setback measurement from streets.

(1)

All setbacks from public streets and roads shall be measured from edge of right-of-way if same is fifty (50) feet wide or greater. If less than fifty (50) feet wide, from a baseline twenty-five (25) feet from and parallel with the centerline of the right-of-way or with the center of the road if there is no right-of-way specified.

(Res. of 1-1-02, § 1-306; Res. No. 03-06-14, 6-17-03; Res. No. 11-10-10, 10-25-11)

(a)

Lot access requirements. All structures requiring a building permit shall be erected on lots which have frontage on a public road, unless otherwise specified or provided for herein, or as provided for in the subdivision ordinance.

(b)

Definitions of lots and yards. All types of lots and yards shall be defined as provided in article VI herein, and interpreted as provided for in article I herein.

(c)

Lot size and shape. All lots and yards shall meet the dimensional requirements set forth in the district requirements of this chapter, in conjunction with all other requirements set forth herein.

(d)

Principal use. More than one (1) principal use or structure is permitted per lot unless otherwise provided for herein.

(e)

Required yards, open spaces, etc., for one building not to be used in meeting requirements for another. No part of a yard or other open space, area or off-street parking or loading space required about or in connection with any building or use for the purpose of complying with this chapter shall be included as part of a yard, open space, area or off-street parking or loading space similarly required for any other building or use, unless otherwise specifically provided for in this chapter.

(f)

Reductions below minimum requirements of chapter.

(1)

No lot or area existing prior to the adoption of this chapter, shall be reduced in dimension or area below the minimum requirements set forth in this chapter except for the purpose of meeting or exceeding standards set forth in this chapter. Lots or areas created after such date shall meet at least the minimum requirements established by this chapter.

(2)

No yards existing prior to the adoption of this chapter shall be reduced in dimensions below the minimum requirements set forth in this chapter. Yards created after adoption of this chapter shall meet at least the minimum requirements established by this chapter.

(3)

No existing off-street parking or loading space, and no off-street parking or loading space hereafter provided, which meets all or part of the requirements for off-street parking or loading space set forth in this chapter, shall be reduced or eliminated, if the reduction results in area not meeting requirements or standards contained in this chapter. Reductions may be permitted where spaces are no longer required by this chapter or alternative spaces meeting the requirements of this chapter are provided.

(Res. of 1-1-02, § 1-307; Ord. No. 05-02-14, 2-22-05; Res. No. 17-11-09, 11-28-17)

(a)

Two (2) or more contiguous lots under the same ownership may be used to satisfy zoning requirements only after a subdivision plat has been approved and recorded eliminating the common internal lot lines, provided that this provision shall not operate to conflict with subsections 25-38(b) and (c), below.

(b)

For commercial, office and industrial centers developed as a single planned entity, but which include lots under separate ownership, the zoning ordinance standards for parking, travelways, lot coverage and open space may be satisfied by all of the property included within the center.

In such event, permanent easements shall be recorded on the approved site plan and subdivision plat, and covenants recorded in the land records providing for the joint use and maintenance of parking, travelways, and open space by all occupants of the center. Such easements and covenants shall be subject to review and approval by the zoning administrator and the county attorney, and shall not be changed without such prior approval from both of those officials and the board of supervisors.

(c)

For residential developments which employ the cluster development option, and for residential developments that incorporate common open space into the subdivision layout, density requirements and open space requirements may be satisfied by all of the property within the development. In such event, permanent easements shall be recorded on the approved subdivision plat, and covenants recorded in the land records providing for the permanent preservation of the open space area or conservation lot area as defined herein.

Such easements and covenants shall be to the benefit of the public and shall be subject to review and approval by the zoning administrator and the county attorney, and shall not be changed without such prior approval from both of those officials and the board of supervisors, and only in such case as the purpose for the easement no longer exists.

(Res. of 1-1-02, § 1-308)

All lots in any district that existed on a recorded plat prior to the effective date of this chapter shall be governed by the yard and setback requirements in effect prior to the effective date of this chapter. These are:

(1)

Agricultural District A-1.

Frontage and setback.

a.

In the A-1 district, the minimum frontage shall be one hundred (100) feet.

b.

In the A-1 district, buildings shall be located no less than thirty-five (35) feet from any street right-of-way which is fifty (50) feet or greater in width, or no less than sixty (60) feet from the center line of any street right-of-way of less than fifty (50) feet in width. This shall be known as the setback line.

Yards. The following yard requirements shall apply in the A-1 district:

a.

The minimum side yard shall be ten (10) feet and the total width of the two (2) side yards shall be twenty-five (25) feet or more.

b.

Each main building shall have a minimum rear yard of twenty-five (25) feet or more.

(2)

Agricultural-Rural Residential District AR.

Frontage and setback.

a.

In the AR district, the minimum frontage shall be one hundred (100) feet on public roads. Lots fronting on private roads or highways shall have one (1) side width of at least one hundred (100) feet.

b.

In the AR district, buildings shall be located no less than thirty-five (35) feet from any street right-of-way fifty (50) feet or greater in width, or no less than sixty (60) feet from the center line of any street right-of-way less than fifty (50) feet in width. This shall be known as the setback line.

Yards. The following yard requirements shall apply in the AR district:

a.

The minimum side yard shall be ten (10) feet and the total width of the two (2) required side yards shall be twenty-five (25) feet or more.

b.

Each main building shall have a rear yard of twenty-five (25) feet or more.

(3)

Residential District R-1.

Frontage and setback.

a.

In the R-1 district, the minimum frontage shall be one hundred (100) feet.

b.

In the R-1 district, buildings shall be located thirty-five (35) feet or more from any street right-of-way which is fifty (50) feet or greater in width, or sixty (60) feet or more from the center line of any street right-of-way less than fifty (50) feet in width. This shall be known as the setback line.

Yards. Yard regulations in the R-1 district shall conform to the standards set forth for the AR district.

(4)

Residential District R-2.

Frontage and setback.

a.

In the R-2 district, buildings shall be located thirty-five (35) feet or more from any street right-of-way which is fifty (50) feet or greater in width, or sixty (60) feet or more from the center line of any street right-of-way less than fifty (50) feet in width. This shall be known as the setback line.

b.

In the R-2 district, for single-family dwellings, the minimum lot width at the setback line shall be eighty (80) feet or more, and for two-family dwellings, the minimum lot width at the setback line shall be one hundred (100) feet or more.

Yards. The following yard requirements shall apply in the R-2 district:

a.

The minimum side yard shall be ten (10) feet and the total width of the two (2) required side yards shall be twenty-five (25) feet or more.

b.

Each main building shall have a rear yard of twenty-five (25) feet or more.

(5)

Residential District R-3.

Frontage and setback.

a.

Buildings in the R-3 district shall be located thirty-five (35) feet or more from any street right-of-way which is fifty (50) feet or greater in width, or sixty (60) feet or more from the center line of any street right-of-way less than fifty (50) feet in width. This shall be known as the setback line.

b.

The following requirements shall apply in the R-3 district:

1.

For residential lots served by public water and sewage disposal systems, the minimum lot width at the setback line shall be eighty (80) feet or more, and for each additional dwelling unit, there shall be at least ten (10) feet additional lot width at the setback line.

2.

For residential lots served by public water systems, but having individual sewage disposal systems, the minimum lot width at the setback line shall be eighty (80) feet or more, and for each additional dwelling unit, there shall be at least ten (10) feet of additional lot width at the setback line.

3.

For residential lots served by individual water and sewage disposal systems, the minimum lot width at the setback line shall be one hundred (100) feet or more, and for each additional dwelling unit, there shall be at least ten (10) feet of additional lot width at the setback line.

4.

For other uses, the minimum lot width at the setback line shall be one hundred (100) feet, unless otherwise stated.

Yards. The following yard requirements shall apply in the R-3 district:

a.

The minimum side yard shall be ten (10) feet and the total width of the required side yards shall be twenty-five (25) feet or more.

b.

Each main building shall have a rear yard of twenty-five (25) feet or more.

(6)

Planned Unit Development District PUD. Yards and setbacks shall be in accord with an approved development plan.

(7)

Business District B-1. Frontage or yard requirements in the B-1 district, the minimum frontage requirement shall be eighty (80) feet on a public road. The minimum front yard shall be fifteen (15) feet and side and rear yards shall be a minimum of ten (10) feet. However, permitted uses shall be required to maintain a fifteen (15) foot yard on a side adjoining a residential area in order to provide for adequate buffering and screening.

Setback. Buildings in the B-1 district shall be located twenty-five (25) feet or more from any street right-of-way which is fifty (50) feet or greater in width or fifty (50) feet or more from the center line of any street less than fifty (50) feet in width. It shall be incumbent upon the applicant to determine applicable right-of-way widths and locate buildings accordingly.

(8)

Business District B-2. The minimum frontage shall be one hundred (100) feet on a public road. The minimum front yard shall be fifteen (15) feet and side and rear yards shall be a minimum of ten (10) feet. However, permitted uses shall be required to maintain a fifteen (15) foot yard or greater on a side adjoining a residential area in order to provide for adequate buffering and screening.

Setback. In the B-2 district, buildings shall be located twenty-five (25) feet or more from any street right-of-way which is fifty (50) feet or greater in width, or fifty (50) feet or more from the center line of any street less than fifty (50) feet in width. It shall be incumbent upon the applicant to determine applicable right-of-way widths and locate buildings accordingly.

(9)

Business District B-3. The minimum frontage shall be one hundred (100) feet on a public road. The minimum front yard shall be twenty (20) feet and side and rear yards shall be a minimum of fifteen (15) feet. However, permitted uses shall be required to maintain a thirty (30) foot or more yard on the side adjoining a residential area in order to provide for adequate buffering and screening.

Setback. In the B-3 district, buildings shall be located twenty-five (25) feet or more from any street right-of-way which is fifty (50) feet or greater in width, or fifty (50) feet or more from the center line of any street less than fifty (50) feet in width. It shall be incumbent upon the applicant to determine applicable right-of-way widths and locate buildings accordingly.

(10)

Shopping Center District SC. Setback requirements. In the SC district:

a.

No portion of any building shall be erected closer than fifty (50) feet to any public street.

b.

No portion of any building shall be erected closer than seventy-five (75) feet to any residential district boundary and no loading space shall be closer than fifty (50) feet to any residential district boundary.

(11)

Planned Office Park District POP. Setback and lot coverage. In the planned office park district POP, no buildings, outdoor storage, areas for collection of refuse, or loading area shall be located within fifty (50) feet from any road right-of-way, within thirty (30) feet of any boundary within the planned office park district POP, or within fifty (50) feet of any planned office park district POP boundary.

(12)

Industrial District M-1. All structures in the M-1 district shall have the following minimum yards:

a.

Front yard: The minimum front yard shall be thirty (30) feet.

b.

Side yard: The minimum side yard shall be ten (10) feet.

c.

Rear yard: The minimum rear yard shall be thirty (30) feet.

Whenever a building is constructed on a lot that abuts a residential district or is constructed on a corner lot, the side setback of the building adjacent to the residential district or street shall be thirty (30) feet.

(13)

Industrial District M-2. All structures in the M-2 district shall have the following minimum yards:

a.

Front yard: The minimum front yard shall be thirty (30) feet.

b.

Side yard: The minimum side yard shall be ten (10) feet.

c.

Rear yard: The minimum rear yard shall be thirty (30) feet.

Whenever a building is constructed on a lot that abuts a residential district or is constructed on a corner lot the side of the building adjacent to the residential district or street shall have a minimum yard of thirty (30) feet.

(14)

Industrial District M-3. All structures in the M-3 district shall have the following minimum yards:

a.

Front yards: The minimum front yard shall be thirty (30) feet.

b.

Side yards: The minimum side yard shall be ten (10) feet.

c.

Rear yards: The minimum rear yard shall be thirty (30) feet.

Whenever a building is constructed on a lot that abuts a residential district or is constructed on a corner lot the side of the building adjacent to the residential district or street shall have a minimum yard of thirty (30) feet.

(15)

Forest Conservation District FC. In the FC district, buildings shall be located thirty-five (35) feet or more from any street right-of-way which is fifty (50) feet or greater in width, or sixty (60) feet or more from the center line of any street right-of-way less than fifty (50) feet in width. This shall be known as the setback line. No building shall be required to set back from the street a distance greater than the setback line observed by the one (1) or two (2) existing buildings on the immediately adjoining lots on either side, whichever is the further removed from the street.

Yards. The following yard requirements shall apply in the FC district:

a.

The minimum side yard shall be ten (10) feet and the total width of the two (2) required side yards shall be twenty-five (25) feet or more.

b.

Each main building shall have a rear yard of twenty-five (25) feet or more.

(Res. of 1-1-02, § 1-309; Res. No. 11-10-10, 10-25-11)

Conditional zoning, as defined by the Code of Virginia, is hereby permitted in the county. Conditional zoning provides a more flexible and adaptable zoning method, whereby a zoning reclassification may be allowed, subject to certain conditions proffered by the zoning applicant for the protection of the community, which are not generally applicable to land similarly zoned.

As part of a petition to rezone property and amend the official zoning maps, the property owner may include a voluntary proffering in writing placing certain conditions and restrictions on the use and development of such property, and the zoning administrator shall be vested with all necessary authority to administer and enforce such conditions and restrictions, all in accordance with § 15.2-2296 et seq., of the Code of Virginia, and such sections are incorporated herein as a part hereof to the same extent and purpose as though such sections were herein fully set out at length.

(Res. of 1-1-02, Div. 400)

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

(Res. of 1-1-02, Div. 500)

For the purposes of this chapter, the unincorporated areas of the county are hereby divided into the following districts:

Base districts:

Agricultural A-1

Rural Residential RR (formerly Agricultural Residential AR)

Forest Conservation FC

Agricultural Rural Residential AR

Low Density Residential R-1

Low-Medium Density Residential R-2

Medium Density Residential R-3

High Density Residential R-4

Planned Unit Development PUD

Traditional Neighborhood District TND (classified as a planned district)

Business B-1

Business B-2

Business B-3

Shopping Center SC

Planned Office Park District POP

Industrial District M-1

Industrial District M-2

Industrial District M-3

Planned Industrial Park District PIP

Research and Advanced Manufacturing RAM.

Overlay districts:

Flood Hazard Overlay District.

(Res. of 1-1-02, Div. 600; Res. No. 16-05-14, 5-24-16; Res. No. 16-05-15, 5-24-16; Res. No. 16-05-16, 5-24-16; Res. No. 16-05-17, 5-24-16; Res. No. 17-11-09, 11-28-17)