Botetourt County Unincorporated
City Zoning Code

ARTICLE II

- DISTRICT REGULATIONS GENERALLY

Sec. 25-71.- Purpose.

The Agricultural District A-1 is intended to preserve and enhance the rural character and natural resources of those portions of the county where agriculture, forest, rural residential and open space uses predominate, and to accommodate additional limited amounts of low density residential development that is not served by public water or wastewater systems.

This district is generally intended to apply to land within the current A-1 district on the date of adoption of this chapter and land designated in the comprehensive plan as being planned for agricultural, rural residential or private forest. Land in this district is generally not intended to be served with public water or wastewater.

(Res. of 1-1-02, § 2-101)

Sec. 25-72. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Agriculture.

(2)

Agriculture, intensive, subject to standards of subsection 25-76(c).

(3)

Cemetery.

(4)

Church.

(5)

Dwelling, single-family.

(6)

Dwelling, accessory.

(7)

Group home.

(8)

Home occupation, subject to standards of section 25-435.

(9)

Mobile (manufactured) home, Class A or B, subject to standards of section 25-437.

(10)

Natural area.

(11)

Park, unlighted.

(12)

Playground, unlighted.

(13)

Sawmill, temporary.

(14)

Sawmill, small-scale.

(15)

School, public.

(16)

Telecommunications tower, attached, subject to standards of section 25-441.

(17)

Temporary family health care structure.

(18)

Temporary meteorological tower (MET), subject to standards of section 25-446(d).

(19)

Cabin or cottage, subject to standards of section 25-434.

(20)

Homestay, subject to standards of section 25-434.

(21)

Stable, commercial.

(22)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-102; Res. No. 11-10-10, 10-25-11; Res. No. 15-06-18, 6-23-15; 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; Ord. of 5-23-23(2))

Sec. 25-73. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Airport, private.

(2)

Animal hospital.

(3)

Antique shop.

(4)

Assisted living facility.

(5)

Boardinghouse, subject to standards of section 25-434.

(6)

Bed and breakfast, subject to standards of section 25-434.

(7)

Campground.

(8)

Cabin or cottage, resort, subject to standards of section 25-434.

(9)

Civic club.

(10)

Community center.

(11)

Correctional facility, adult.

(12)

Correctional facility, juvenile.

(13)

Country club.

(14)

Crematorium and/or funeral home.

(15)

Day care center.

(16)

Fire, police and rescue stations.

(17)

General store.

(18)

Golf course.

(19)

Grain mill, feed mill.

(20)

Heliport.

(21)

Home business, subject to standards of section 25-435.

(22)

Home business, rural, subject to standards of section 25-435.

(23)

Hunting lodge, game preserve.

(24)

Junkyard, automobile graveyard.

(25)

Kennel, commercial.

(26)

Reserved.

(27)

Landfill.

(28)

Livestock market.

(29)

Medical care facility.

(30)

Nursery, production.

(31)

Nursery, retail (garden center).

(32)

Park and ride lot.

(33)

Park, lighted.

(34)

Pet farm.

(35)

Playground, lighted.

(36)

Public recycling collection points.

(37)

Public utility trunk lines, other (gas, electric, communications).

(38)

Public utility trunk lines, water or sewer.

(39)

Public utility plants, other (gas, electric, communications).

(40)

Public utility plants, water or sewer.

(41)

Public utility maintenance facility or storage yard.

(42)

Public utility substations (gas, electric, communications).

(43)

Recreational vehicle park, subject to standards of section 25-434.

(44)

Roadside stand.

(45)

Rural resort, subject to standards of section 25-434.

(46)

Rural retreat, subject to standards of section 25-434.

(47)

Sawmill.

(48)

School, private.

(49)

Shooting range.

(50)

Slaughterhouse, includes custom meat cutting, processing and sales.

(51)

Special events facility.

(52)

Reserved.

(53)

Storage yard.

(54)

Structures, non-residential, totaling in excess of twenty thousand (20,000) gross square feet, but not greater than thirty-nine thousand nine hundred ninety-nine (39,999) gross square feet.

(55)

Telecommunications tower, free-standing, subject to standards of section 25-441.

(56)

Temporary meteorological tower (MET), subject to standards of section 25-446(e).

(57)

Wind energy system, utility-scale, subject to standards of section 25-446.

(58)

Structures in excess of forty (40) feet, as provided for in section 25-75(a)(2) and section 25-75(b)(2), unless otherwise provided for in this chapter or as exempted as provided for in section 25-15(b).

(59)

Solar energy facility, minor-scale, ground-mounted.

(60)

Solar energy facility, utility-scale.

(Res. of 1-1-02, § 2-103; Res. No. 03-04-12, 4-15-03; Res. No. 06-04-19, 4-25-06; Res. No. 07-05-15, 5-22-07; Res. No. 11-10-10, 10-25-11; Res. No. 13-04-18, 4-23-13; Res. No. 14-11-21, 11-25-14; Res. No. 15-06-18, 6-23-15; 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; Res. No. 19-01-16, 1-22-19; Ord. of 5-23-23(2); Ord. of 7-17-23(2))

Sec. 25-74. - Lot requirements.

(a)

Conventional development option.

(1)

Minimum lot area. Two and one-quarter (2.25) acres; one and one-quarter (1.25) acres for family subdivisions provided that the lot has frontage on a state-maintained road or a twenty-foot easement to a state-maintained road is dedicated and recorded.

(2)

Maximum lot coverage. Fifteen (15) percent.

(3)

Lot access. Lots shall be accessed from a public road currently in the Virginia Department of Transportation (VDOT) system or from a road designed and constructed so as to be accepted into the VDOT system, except in the case of family subdivisions.

(4)

Minimum lot width. One hundred fifty (150) feet at the minimum setback line of front yard.

(5)

Wastewater disposal. All lots must meet health department requirements for individual wastewater disposal (or be served by approved public or community sewer service), and drainfields shall be located only on the lot that is served by that drainfield.

(b)

Cluster A-1 development option.

(1)

Maximum gross density: One (1) lot per two and one-quarter (2.25) acres, except one and one-quarter (1.25) acres for family subdivisions provided that the lot has frontage on a state- maintained road or a twenty-foot easement to a state-maintained road is dedicated and recorded and that the average lot size of all lots on the tract is not less than two and one-quarter (2.25) acres. The maximum gross density may be reduced to one and one-half (1.5) acres when served by either public (or community) water or sewer facilities.

(2)

Minimum lot area (maximum net density).

Cluster lots: Nine thousand (9,000) square feet.

Conservation lots: Three (3) acres.

(3)

Maximum lot coverage.

Cluster lots: Fifty (50) percent.

Conservation lots: Twenty (20) percent.

(4)

Lot access.

Cluster lots shall be accessed from a public road currently in the Virginia Department of Transportation (VDOT) system or from a road designed and constructed so as to be accepted into the VDOT system.

Conservation lots may be accessed by private access easements at least twenty (20) feet in width to a state-maintained road for up to two (2) lots and shall be increased by ten (10) feet for each additional lot served up to a maximum of five (5) lots served.

Pipestem lots. Cluster lots may be pipestem lots as defined herein, subject to approval by the planning commission in conjunction with preliminary plat.

Conservation lots. Any conservation lot may be a pipestem lot.

(5)

Minimum lot width.

Cluster lots. Seventy (70) feet at the minimum setback line of front yard.

Conservation lots. For conservation lots fronting public roads existing on the date of adoption of this chapter or new public roads built by the applicant after the date of adoption of this chapter, three hundred (300) feet at the minimum setback line of the front yard.

(6)

Open space required for cluster option. A minimum of fifty (50) percent of the gross acreage of the tract must be preserved by a permanent open space easement, recorded with the record plat of subdivision, which may be placed upon land that is owned and maintained in any one (1) or more of the following ways:

Conservation lots, as defined herein.

Open space owned and maintained by a public entity acceptable to the board of supervisors.

Open space owned and maintained by a homeowner's association.

(Res. of 1-1-02, § 2-104; Res. No. 17-11-09, 11-28-17; Res. No. 20-05-09, 5-26-20)

Sec. 25-75. - Building requirements.

(a)

Conventional A-1 Development Option.

(1)

Minimum yards (building setbacks).

Front: Sixty (60) feet.

Rear: Thirty (30) feet.

Side: Twenty (20) feet

Accessory buildings: Fifteen (15) feet from a side or rear lot line; not permitted in front yard setback.

(2)

Maximum height of buildings and structures. Forty (40) feet, except for exempted structures provided for in section 25-15(b) of this chapter, and except by special exception in which case for every one (1) foot above forty (40) feet, the building or structure shall be set back an additional two (2) feet up to a maximum of sixty (60) feet.

(b)

Cluster A-1 development option.

(1)

Minimum yards.

Front.

For cluster lots: Twenty-five (25) feet.

For conservation lots: Forty (40) feet.

Side.

For cluster lots: Ten (10) feet.

For conservation lots: Twenty (20) feet.

Rear.

For cluster lots: Thirty-five (35) feet.

For conservation lots: Forty (40) feet.

Accessory buildings. Fifteen (15) feet from a side or rear lot line; not permitted in front yard setback.

(2)

(Res. of 1-1-02, § 2-105; Res. No. 11-10-10, 10-25-11; Res. No. 17-11-09, 11-28-17; Res. No. 20-05-09, 5-26-20)

Sec. 25-76. - Use limitations.

(a)

Individual septic systems (cluster option). All lots (conservation and cluster) shall meet health department requirements for individual wastewater disposal, except that drainfields may be located on an adjacent lot (cluster, conservation or open space lot). All off-site drainfields shall be placed within a dedicated utility access easement for the benefit of the lot which the drainfield serves.

(b)

Public water and wastewater service. Lots may be served by public or community water and sewer service which meets the provisions of the county's comprehensive plan and all design standards set forth by the county, including:

(1)

When a water or sewer service distribution/collection line is located within three hundred (300) feet of an existing lot, such lot may be connected to that distribution line.

(2)

When a water or sewer service distribution/collection line is located within three hundred (300) feet of any lot within an existing recorded subdivision, all lots in such subdivision may connect to that line, provided that all lots along the distribution/collection line within the subdivision shall connect to the service line.

(3)

The design of all pipes, pumps, and other elements of community water or sewer systems must meet the design standards of the Western Virginia Water Authority.

(c)

Intensive agriculture on small lots. Intensive agricultural activities are not permitted on lots of less than five (5) acres where the primary use of the lot is residential.

(Res. of 1-1-02, § 2-106; Res. No. 20-05-09, 5-26-20)

Sec. 25-91.- Purpose.

The Forest Conservation District FC is intended to preserve and enhance the natural appearance and function of the county's ridges, valleys and forest lands, to maintain the high quality of air and water resources, and low density of development.

This district is generally intended to apply to land within the current FC district on the date of adoption of this chapter and land designated in the comprehensive plan as being planned for agricultural, rural residential or private forest. Land in this district is generally not intended to be served with public water or wastewater.

(Res. of 1-1-02, § 2-201)

Sec. 25-92. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Agriculture.

(2)

Dwelling, single-family.

(3)

Dwelling, accessory.

(4)

Group home.

(5)

Home occupation, subject to standards of section 25-435.

(6)

Mobile home, Class A or B, subject to standards of section 25-437.

(7)

Natural area.

(8)

Park, unlighted.

(9)

Playground, unlighted.

(10)

Sawmill, temporary.

(11)

Sawmill, small-scale.

(12)

Telecommunications tower, attached, subject to standards of section 25-441.

(13)

Temporary family health care structure.

(14)

Temporary meteorological tower (MET), subject to standards of section 25-446(d).

(15)

Cabin or cottage, subject to standards of section 25-434.

(16)

Homestay, subject to standards of section 25-434.

(17)

Stable, commercial.

(18)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-202; Res. No. 11-10-10, 10-25-11; Res. No. 15-06-18, 6-23-15; 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; Ord. of 5-23-23(2))

Sec. 25-93. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Airport, private.

(2)

Bed and breakfast, subject to standards of section 25-434.

(3)

Campground.

(4)

Cabin or cottage, resort, subject to standards of section 25-434.

(5)

Commercial kennel.

(6)

Church.

(7)

Exploratory activities for extractive industries.

(8)

Extractive industries and accessory uses.

(9)

Golf course.

(10)

Home business, subject to standards of section 25-435.

(11)

Home business, rural, subject to standards of section 25-435.

(12)

Hunting lodge, game preserve.

(13)

Hydrodam generating facilities.

(14)

Reserved.

(15)

Roadside stand.

(16)

Rural retreat, subject to standards of section 25-434.

(17)

Rural resort, subject to standards of section 25-434.

(18)

Sawmill.

(19)

Shooting range.

(20)

Special events facility.

(21)

Reserved.

(22)

Structures, non-residential, totaling in excess of twenty thousand (20,000) gross square feet, but not greater than thirty-nine thousand nine hundred ninety-nine (39,999) gross square feet.

(23)

Telecommunications tower, freestanding, subject to the standards of section 25-441.

(24)

Public utility trunk lines, other (gas, electric, communications).

(25)

Public utility trunk lines, water or sewer.

(26)

Public utility plants, other (gas, electric, communications).

(27)

Public utility plants, water or sewer.

(28)

Public utility maintenance facility or storage yard.

(29)

Public utility substations (gas, electric, communications).

(30)

Temporary meteorological tower (MET), subject to standards of section 25-446(e).

(31)

Wind energy systems, utility-scale, subject to standards of section 25-446.

(32)

Boardinghouse, subject to standards of section 25-434.

(33)

Recreational vehicle park, subject to standards of section 25-434.

(34)

Structures in excess of forty (40) feet, as provided for in section 25-95(b), unless otherwise exempted as provided for in section 25-15(b).

(Res. of 1-1-02, § 2-203; Res. No. 03-12-18, 12-23-03; Res. No. 04-02-16, 2-24-04; Res. No. 11-10-10, 10-25-11; Res. No. 14-11-21, 11-25-14; Res. No. 15-06-18, 6-23-15; 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; Ord. of 7-17-23(2))

Sec. 25-94. - Lot requirements.

(a)

Minimum lot area (maximum net density): Five (5) acres, except one and one-quarter (1.25) acres for family subdivisions provided that the lot has frontage on a state-maintained road or a twenty-foot easement to a state-maintained road is dedicated and recorded and that the average lot size of all lots on the tract is not less than five (5) acres.

(b)

Maximum gross density: One dwelling per five (5) acres.

(c)

Maximum lot coverage: Ten (10) percent.

(d)

Lot access: Lots shall be accessed from a public road currently in the Virginia Department of Transportation (VDOT) system or from a road designed and constructed so as to be accepted into the VDOT system.

(e)

Minimum lot width: Two hundred (200) feet at the minimum setback line of the front yard.

(Res. of 1-1-02, § 2-204)

Sec. 25-95. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet

(2)

Side: Twenty (20) feet

(3)

Rear: Forty (40) feet

(4)

Accessory buildings. Fifteen (15) feet from a side or rear lot line; not permitted in front yard setback.

All lots existing prior to the adoption of this chapter shall be regulated by the prior setback requirements for the district in force at the time of adoption of this chapter. (section 25-39)

(b)

Maximum height of buildings and structures. Forty (40) feet, except for exempted structures provided for in section 25-15 of this chapter, and except by special exception in which case for every one (1) foot above forty (40) feet, the building or structure shall be set back an additional two (2) feet up to a maximum of sixty (60) feet.

(Res. of 1-1-02, § 2-205; Res. No. 17-11-09, 11-28-17)

Sec. 25-96. - Use limitations.

(a)

Individual septic systems. All lots shall meet health department requirements for individual wastewater disposal.

(b)

(1)

When a water or sewer service distribution/collection line is located within three hundred (300) feet of an existing lot, such lot may be connected to that distribution line.

(2)

(3)

The design of all pipes, pumps, and other elements of community water or sewer systems must meet the design standards of the county and state health department.

(Res. of 1-1-02, § 2-206)

Sec. 25-111.- Purpose.

The Rural Residential District (RR) is established to allow a mix of rural residential and limited agricultural uses that will not threaten the rural residential character of the area. Low densities are encouraged because of the potential unsuitability of the area to support extensive development. Public programs, service and finances will also not support higher densities in areas designated rural residential. The RR district is generally intended to provide a transition of land uses between the A-1 district and other, more intensive districts.

Land in this district may be served with public water or wastewater in suitable locations, in accord with the county's comprehensive plan.

This district is intended to apply to land within the current AR (agriculture residential) district on the date of adoption of this chapter. However, lots created and zoned AR prior to the adoption of this chapter shall be regulated by prior zoning requirements in force at the time of adoption of this chapter, pertaining to lot area, frontage, setback, building height, yards, parking and mobile homes; all lots created after adoption of this chapter shall conform with the provisions of this chapter.

(Res. of 1-1-02, § 2-301)

Sec. 25-112. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Agriculture, limited.

(2)

Reserved.

(3)

Cemetery.

(4)

Church.

(5)

Dwelling, single-family.

(6)

[Reserved].

(7)

Group home.

(8)

Home occupation, subject to standards of section 25-435.

(9)

Natural area.

(10)

Park, unlighted.

(11)

Playground, unlighted.

(12)

Telecommunications tower, attached, subject to the standards of section 25-441.

(13)

Temporary family health care structure.

(14)

Cabin or cottage, subject to standards of section 25-434.

(15)

Home agriculture.

(16)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-302; Res. No. 03-06-14, 6-17-03; Res. No. 11-10-10, 10-25-11; 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. 18-11-11, 11-27-18; Ord. of 5-23-23(2))

Sec. 25-113. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Bed and breakfast, subject to standards in section 25-434.

(2)

Civic club.

(3)

Country club.

(4)

Fire, police and rescue stations.

(5)

Golf course.

(6)

Home business, subject to standards of section 25-435.

(7)

Hunting lodge, game preserve.

(8)

Reserved.

(9)

Mobile (manufactured) home, Class A or B, subject to section 25-437.

(10)

Park, lighted.

(11)

Playground, lighted.

(12)

Public recycling collection points.

(13)

Public utility trunk lines, other (gas, electric, communications).

(14)

Public utility trunk lines, water or sewer.

(15)

Public utility plants, other (gas, electric, communications).

(16)

Public utility plants, water or sewer.

(17)

Public utility substations (gas, electric, communications).

(18)

Stable, commercial.

(19)

Structures, non-residential, totaling in excess of twenty thousand (20,000) gross square feet, but not greater than thirty-nine thousand nine hundred ninety-nine (39,999) gross square feet.

(20)

Structures over sixty-five (65) feet in height.

(21)

Telecommunications tower, freestanding, subject to section 25-411.

(22)

Reserved.

(23)

Cabin or cottage, resort, subject to standards of section 25-434.

(24)

Boardinghouse, subject to standards of section 25-434.

(25)

Structures in excess of forty (40) feet, as provided for in section 25-115(b), unless otherwise provided for in this chapter or as exempted as provided for in section 25-15(b).

(Res. of 1-1-02, § 2-303; Res. No. 03-06-14, 6-17-03; Res. No. 11-10-10, 10-25-11; 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; Res. No. 19-01-16, 1-22-19; Res. of 12-21-21; Ord. of 7-17-23(2))

Sec. 25-114. - Lot requirements.

(a)

Minimum lot area:

(1)

When served by individual wells and septic fields: One and one-half (1.5) acres, except one and one-quarter (1.25) acres for family subdivisions provided that the lot has frontage on a state-maintained road or a twenty-foot easement to a state-maintained road is dedicated and recorded and that the average lot size of all lots on the tract is not less than one and one-half (1.5) acres.

(2)

When served by either public (community) water or sewer: One and one-quarter (1.25) acres.

(3)

When served by both public (community) water and sewer: One (1.0) acre.

(b)

Minimum lot width. One hundred twenty-five (125) feet at the minimum setback line of front yard.

(c)

Maximum lot coverage: Twenty (20) percent total for all principal and accessory buildings and seven (7) percent for accessory buildings.

(d)

(Res. of 1-1-02, § 2-304; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-115. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet.

(2)

Side: Twenty (20) feet.

(3)

Rear: Thirty (30) feet.

(b)

Accessory buildings. Five (5) feet from a side or rear lot line; not permitted in front yards.

(Res. of 1-1-02, § 2-305; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-121.- Purpose.

The Residential District R-1 is established as a district in which the principal use of land is for single-family dwellings. Therefore, in the R-1 district, the specific intent of this chapter is to encourage the construction of, and the continued use of the land for, single-family dwellings; to prohibit commercial and industrial use of the land and to prohibit any other use which would substantially interfere with development or continuation of single-family dwellings in the district; and to discourage any use that would generate traffic on minor streets, other than normal traffic to serve residences on those streets. This district is reserved for residential subdivisions of an urban character and permitted uses as listed in this division.

This district is generally intended to apply to land within the current R-1 district on the date of adoption of this chapter and land designated in the comprehensive plan as being planned for medium/high density residential. Land in this district is intended to be served with public or community water and wastewater facilities.

(Res. of 1-1-02, § 2-401)

Sec. 25-122. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Church.

(2)

Dwelling, single-family detached.

(3)

Group home.

(4)

Home occupation, subject to standards of section 25-435.

(5)

Park, unlighted.

(6)

Playground, unlighted.

(7)

School, public.

(8)

Telecommunications tower, attached, subject to the standards of section 25-441.

(9)

Temporary family health care structure.

(10)

Home agriculture.

(11)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-402; Res. No. 11-10-10, 10-25-11; Res. No. 18-11-11, 11-27-18; Ord. of 5-23-23(2))

Sec. 25-123. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Community center.

(2)

Country club.

(3)

Day care center.

(4)

Dwelling, accessory.

(5)

Fire, police and rescue stations.

(6)

Golf course.

(7)

Park, lighted.

(8)

Playground, lighted.

(9)

Public recycling collection points.

(10)

Public utility trunk lines, other (gas, electric, communications).

(11)

Public utility trunk lines, water or sewer.

(12)

Public utility plants, other (gas, electric, communications).

(13)

Public utility plants, water or sewer.

(14)

Public utility substations (gas, electric, communications).

(15)

School, private.

(16)

Reserved.

(17)

Bed and breakfast, subject to standards of section 25-434.

(18)

Cabin or cottage, subject to standards of section 25-434.

(19)

Homestay, subject to standards of section 25-434.

(20)

Structures in excess of the maximum height, as provided for in section 25-125(b), unless otherwise exempted as provided for in section 25-15(b).

(Res. of 1-1-02, § 2-403; 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; Res. No. 19-01-16, 1-22-19; Res. of 12-21-21)

Sec. 25-124. - Lot requirements.

(a)

Conventional R-1 development option.

(1)

Minimum lot area: Twenty thousand (20,000) square feet.

(2)

Reserved.

(3)

Maximum lot coverage: Twenty (20) percent total for all principal and accessory buildings and seven (7) percent for accessory buildings.

(4)

(5)

Minimum lot width. One hundred (100) feet at the minimum setback line of front yard.

(b)

Cluster R-1 development option.

(1)

Minimum lot area.

Cluster lots: Eight thousand (8,000) square feet.

Conservation lots: Three (3) acres.

(2)

Maximum gross density: One (1) dwelling per twenty thousand (20,000) square feet.

(3)

Maximum lot coverage: Fifty (50) percent total for all principal and accessory buildings and seven (7) percent for accessory buildings.

(4)

Lot access. Cluster lots shall be accessed from a new public road, constructed to standards suitable for acceptance into the Virginia Department of Transportation (VDOT) system.

(5)

Minimum lot width.

For cluster lots, sixty (60) feet at the minimum setback line of the front yard.

For conservation lots fronting on public roads, one hundred sixty-five (165) feet at the minimum setback line of the front yard.

(6)

Open space required for cluster option. A minimum of twenty-five (25) percent of the gross acreage of the tract must be preserved by a permanent open space easement, recorded with the record plat of subdivision, which may be placed upon land that is owned and maintained in any one (1) or more of the following ways:

Conservation lots, as defined herein.

Open space owned and maintained by a public entity acceptable to the board of supervisors.

Open space owned and maintained by a homeowner's association.

(Res. of 1-1-02, § 2-404; Res. No. 17-11-09, 11-28-17; Res. No. 20-05-09, 5-26-20; Res. of 12-21-21)

Sec. 25-125. - Building requirements.

(a)

Conventional R-1 development option.

(1)

Minimum yards.

Front: Thirty-five (35) feet.

Side: Fifteen (15) feet.

Rear: Twenty-five (25) feet.

Accessory buildings.

Not closer than five (5) feet to a side or rear lot line; not permitted in front yards.

All lots existing prior to the adoption of this chapter shall be regulated by the prior setback requirements for the district in force at the time of adoption of this chapter.

(b)

Maximum height of buildings and structures.

(1)

Dwellings, single-family detached: thirty-five (35) feet.

(2)

Churches and schools: Sixty (60) feet.

(3)

Other: Thirty-five (35) feet.

(4)

Exemptions: As provided for in section 25-15(b) of this chapter; and structures approved by special exception, in which case for every one (1) foot above the maximum height listed above, the building or structure shall be set back an additional two (2) feet up to a maximum of sixty (60) feet.

(c)

Cluster R-1 development option.

(1)

Minimum yards.

Front.

For cluster lots: Twenty-five (25) feet, except fifteen (15) feet when drive access is only provided from a secondary private alley.

For conservation lots: Forty (40) feet.

Side.

For cluster lots: Ten (10) feet.

For conservation lots: Twenty (20) feet.

Rear.

For cluster lots: Twenty-five (25) feet.

For conservation lots: Forty (40) feet.

Accessory buildings.

Not closer than five (5) feet to a side or rear lot line; not permitted in front yards.

(Res. of 1-1-02, § 2-405; Res. No. 11-10-10, 10-25-11; Res. No. 17-11-09, 11-28-17; Res. No. 20-05-09, 5-26-20; Res. of 12-21-21)

Sec. 25-126. - Use limitations.

All development within the R-1 district is required to be served by either public (or community) water and sewer facilities which meets the provisions of the county's comprehensive plan and all sign standards set forth by the Western Virginia Water Authority.

(Res. of 1-1-02, § 2-406; Res. No. 17-11-09, 11-28-17; Res. No. 20-05-09, 5-26-20)

Sec. 25-141.- Purpose.

The Residential District R-2 is established to provide residential opportunities at a higher density than R-1, but yet in a quiet residential character with a mix of different residential types.

This district is generally intended to apply to land within the current R-2 district on the date of adoption of this chapter and land designated in the comprehensive plan as being planned for medium/high density residential. Land in this district is intended to be served with public or community water and wastewater facilities.

(Res. of 1-1-02, § 2-501)

Sec. 25-142. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Church.

(2)

Dwelling, single-family detached.

(3)

Dwelling, duplex.

(4)

Group home.

(5)

Home occupation, subject to standards of section 25-435.

(6)

Library.

(7)

Park, unlighted.

(8)

Playground, unlighted.

(9)

School, public.

(10)

Telecommunications tower, attached, subject to the standards of section 25-441.

(11)

Temporary family health care structure.

(12)

Home agriculture.

(13)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-502; Res. No. 11-10-10, 10-25-11; Res. No. 18-11-11, 11-27-18; Ord. of 5-23-23(2))

Sec. 25-143. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Community center.

(2)

Country club.

(3)

Day care center.

(4)

Fire, police and rescue stations.

(5)

Golf course.

(6)

Park, lighted.

(7)

Playground, lighted.

(8)

Public recycling collection points.

(9)

Public utility trunk lines, other (gas, electric, communications).

(10)

Public utility trunk lines, water or sewer.

(11)

Public utility plants, other (gas, electric, communications).

(12)

Public utility plants, water or sewer.

(13)

Public utility substations (gas, electric, communications).

(14)

School, private.

(15)

Senior housing facility.

(16)

Senior assisted living facility.

(17)

Nursing home/life care facility.

(18)

Reserved.

(19)

Bed and breakfast, subject to standards of section 25-434.

(20)

Cabin or cottage, subject to standards of section 25-434.

(21)

Homestay, subject to standards of section 25-434.

(22)

Structures in excess of the maximum height, as provided for in section 25-145(b), unless otherwise provided for in this chapter or as exempted as provided for in section 25-15(b).

(Res. of 1-1-02, § 2-503; 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; Res. No. 19-01-16, 1-22-19; Res. of 12-21-21)

Sec. 25-144. - Lot requirements.

(a)

Minimum lot area:

(1)

Single-family detached: Seventeen thousand five hundred (17,500) square feet.

(2)

Duplex: Twelve thousand (12,000) square feet for a lot that contains only one dwelling unit; twenty-four thousand (24,000) square feet for a single lot that contains two (2) dwelling units.

(3)

Other uses: Twenty thousand (20,000) square feet.

(b)

Reserved.

(c)

Maximum lot coverage: Twenty (20) percent total for all principal and accessory buildings and seven (7) percent for accessory buildings.

(d)

(e)

Minimum lot width.

(1)

Eighty (80) feet at the minimum front setback line.

(2)

Reserved.

(3)

For duplex lots, one hundred twenty (120) feet for a lot that contains two (2) dwellings; sixty (60) feet for a lot that contains one (1) dwelling.

(Res. of 1-1-02, § 2-504; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-145. - Building requirements.

(a)

Minimum yards.

(1)

Front: Thirty-five (35) feet.

(2)

Side: Fifteen (15) feet.

(3)

Rear: Twenty-five (25) feet.

(4)

Accessory buildings.

Not closer than five (5) feet to a side or rear lot line; not permitted in front yards.

All lots existing prior to the adoption of this chapter shall be regulated by the prior setback requirements for the district in force at the time of adoption of this chapter.

(b)

Maximum height of buildings and structures.

(1)

Dwellings, single-family detached and duplex: Thirty-five (35) feet.

(2)

Churches, libraries and schools: Sixty (60) feet.

(3)

Other: Thirty-five (35) feet.

(4)

(Res. of 1-1-02, § 2-505; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-146. - Use limitations.

All development within the R-2 District is required to be served by either public (or community) water and sewer facilities which meets the provisions of the county's comprehensive plan and all design standards set forth by the county.

(Res. of 1-1-02, § 2-506)

Sec. 25-161.- Purpose.

The Residential District R-3 is established to provide residential opportunities at a higher density than the R-1 and R-2 districts, but yet in a quiet residential character with a mix of different residential types.

This district is generally intended to apply to land with the current R-3 district on the date of adoption of this chapter and land designated in the comprehensive plan as being planned for medium density residential uses. All development within the R-3 district is required to be served by either public (or community) water and sewer facilities which meets the provisions of the county's comprehensive and all design standards set forth by the county.

(Res. of 1-1-02, § 2-601; Res. No. 17-11-09, 11-28-17)

Sec. 25-162. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Church.

(2)

Dwelling, single-family detached.

(3)

Dwelling, duplex.

(4)

Dwelling, zero lot line.

(5)

Dwelling, single family attached, up to six (6.0) dwellings per net acre.

(6)

Reserved.

(7)

Group home.

(8)

Home occupation, subject to standards of section 25-435.

(9)

Library.

(10)

Park, unlighted.

(11)

Playground, unlighted.

(12)

School, public.

(13)

Telecommunications tower, attached, subject to the standards of section 25-441.

(14)

Temporary family health care structure.

(15)

Home agriculture.

(16)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-602; Res. No. 11-10-10, 10-25-11; Res. No. 17-11-09, 11-28-17; Res. No. 18-11-11, 11-27-18; Ord. of 5-23-23(2))

Sec. 25-163. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Community center.

(2)

Country club.

(3)

Day care center.

(4)

Reserved.

(5)

Reserved.

(6)

Fire, police and rescue stations.

(7)

Funeral home.

(8)

Golf course.

(9)

Medical care facility.

(10)

Mobile home park, subject to standards of section 25-437.

(11)

Nursing home/life care facility.

(12)

Park, lighted.

(13)

Playground, lighted.

(14)

Public recycling collection points.

(15)

Public utility trunk lines, other (gas, electric, communications).

(16)

Public utility trunk lines, water or sewer.

(17)

Public utility plants, other (gas, electric, communications).

(18)

Public utility plants, water or sewer.

(19)

Public utility substations (gas, electric, communications).

(20)

School, private.

(21)

Senior housing facility.

(22)

Senior assisted living facility.

(23)

Reserved.

(24)

Private roads—R-3 use district.

(25)

Bed and breakfast, subject to standards of section 25-434.

(26)

Cabin or cottage, subject to standards of section 25-434.

(27)

Homestay, subject to standards of section 25-434.

(28)

Boardinghouse, subject to standards of section 25-434.

(29)

Structures in excess of the maximum height, as provided for in section 25-165(7), unless otherwise provided for in this chapter or as exempted as provided for in section 25-15(b).

(31)

Cabin or cottage resort.

(32)

Solar energy facility, minor-scale, ground-mounted.

(Res. of 1-1-02, § 2-603; 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. 16-05-26, 5-24-16; Res. No. 17-11-09, 11-28-17; Res. No. 18-11-15, 11-27-18; Res. No. 19-01-16, 1-22-19; Res. of 12-21-21; Ord. of 5-23-23(2))

Sec. 25-164. - Lot requirements.

(a)

Minimum lot area.

(1)

For single-family detached dwelling units: Fifteen thousand (15,000) square feet.

(2)

For duplex dwelling units: Nine thousand (9,000) square feet per dwelling; eighteen thousand (18,000) square feet if the two (2) dwelling units share a single lot.

(3)

For zero lot line dwelling units: Nine thousand (9,000) square feet.

(4)

For single-family attached dwelling units: A minimum of one (1) acre is required in any single-family attached development. Two thousand (2,000) square feet per individual dwelling unit.

(5)

Other uses: Forty thousand (40,000) square feet.

(b)

Maximum density.

(1)

For single-family attached dwelling units: Six (6.0) dwellings per net acre.

(c)

Maximum lot coverage. Fifty (50) percent total for all principal and accessory buildings and seven (7) percent for accessory buildings; impervious surfaces on any lot shall not exceed seventy-five (75) percent of the gross lot area.

(d)

Lots may be accessed at the rear by a private, hard-surfaced alley of not less than twenty (20) feet in width, designed by a professional engineer to accommodate projected volumes, loads and vehicle types and approved by the zoning administrator. Such private alleys shall be owned and maintained by a property owners association, established at the time of subdivision approval.

(e)

Minimum lot width.

(1)

Single-family detached dwelling units: Sixty-five (65) feet at the minimum setback line of the front yard.

(2)

Duplex dwelling units: Sixty (60) feet at the minimum setback line of the front yard; ninety (90) feet minimum if the two (2) dwellings share a single lot.

(3)

Zero lot line dwelling units: Sixty (60) feet at the minimum setback line of the front yard.

(4)

Single-family attached dwelling units: Twenty-four (24) feet at the minimum setback line of the front yard.

(Res. of 1-1-02, § 2-604; Res. No. 14-05-20, 5-27-14; Res. No. 16-05-26, 5-24-16; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-165. - Building requirements; minimum yards.

All lots existing prior to the adoption of this chapter shall be regulated by the prior setback requirements for the district in force at the time of adoption of this chapter. For lots created after the date of adoption of this chapter, the following requirements shall apply:

(1)

Single-family detached dwelling units.

Front: Twenty-five (25) feet.

Side: Ten (10) feet.

Rear: Twenty-five (25) feet.

(2)

Duplex dwelling units.

Front: Twenty-five (25) feet.

Side:

When the lot line splits the structure: Twenty (20) feet on one side.

When the two (2) dwellings share a single lot: Twenty (20) feet.

Rear: Twenty-five (25) feet.

(3)

Zero lot line dwelling units.

Front: Twenty-five (25) feet.

Side: Twenty (20) on the open side.

Rear: Twenty-five (25) feet.

(4)

Single-family attached dwelling units.

Front: Twenty (20) feet; not more than seventy (70) percent of front yard shall be devoted to parking areas.

Corner: Twenty (20) feet.

Rear: Twenty (20) feet.

Groups of dwelling units.

A minimum of six (6) dwelling units are required in any single-family attached development.

Groups of attached dwelling units on a site shall be separated from each other by a minimum of twenty (20) feet. No more than eight (8) and not less than three (3) single-family attached dwelling units shall be included in a single connected group.

The front facades of individual townhouse units shall be offset from adjoining units by a minimum of two (2) feet.

(5)

Other uses.

Front: Fifty (50) feet.

Side: Twenty-five (25) feet.

Rear: Twenty-five (25) feet.

(6)

Accessory buildings.

Five (5) feet from a side or rear lot line; not permitted in front yards.

(7)

Maximum height of buildings and structures

Dwellings, single-family detached, attached, duplex and zero lot line: Thirty-five (35) feet.

Churches, libraries and schools: Sixty (60) feet.

Other uses: Thirty-five (35) feet.

Exemptions: As provided for in subsections 25-15(b) of this chapter; and structures approved by special exception, in which case for every one (1) foot above the maximum height listed above, the building or structure shall be set back an additional two (2) feet up to a maximum of sixty (60) feet.

(Res. of 1-1-02, § 2-605; Res. No. 14-05-19, 5-27-14; Res. No. 14-05-20, 5-27-14; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-166. - Use limitations.

(a)

Public water and sewer service. All development within the R-3 district shall be served by public (community) water and public sewer, which meets the provisions of the county comprehensive plan and all design standards set forth by the county and state health department.

(b)

Minimum common open space. Any tract of land zoned R-3 which is developed with any number of single-family attached dwelling units:

(1)

Minimum ten (10) percent of the gross acreage of the tract shall be preserved as permanent, common open space. A minimum of fifty (50) percent of required common open space shall be developed with active and/or passive recreational uses, such as, useable green space, pedestrian trails, public greenway trails, sidewalks; that are not located in public rights-of-ways, swimming pools, tennis courts, dog parks, playgrounds and any similar uses at the sole discretion of the zoning administrator.

(2)

Stormwater management facilities shall not be considered in common open space calculations unless developed as wet detention ponds which are designed to hold water throughout the year and that are surrounded by a walking trail or sidewalk that contains benches or similar improvements for the enjoyment by residents or users of the development.

(3)

All active recreation space shall be suitably graded and equipped for active recreational facilities to serve the residents of the development.

(4)

All passive recreation space shall be located to preserve important site amenities and environmentally sensitive areas.

(5)

Land area voluntarily offered to and accepted by Botetourt County for public greenway trails require the granting of an easement or right-of-way. Such land area must be located along a greenway trail corridor included upon a greenway plan or within a greenway study. Dedicated land area shall be counted as improved open space regardless of whether said greenway trail is constructed as part of the development, however, if the greenway trail is constructed as part of the development's improved open space or if money in lieu of is received for the improvements, then credit in the amount of two (2) times the dedicated land area shall be calculated as improved open space.

(Res. of 1-1-02, § 2-606; Res. No. 17-11-09, 11-28-17)

Sec. 25-167.- Purpose.

The Residential District R-4 is established to provide residential opportunities at a higher density than the R-1, R-2 and R-3 districts, but yet in a quiet residential character with a mix of different residential types.

This district is generally intended to apply to land being developed with high density residential development, including single-family attached and multifamily residences and be designated in the comprehensive plan as being planned for high density residential uses or land that is located within a designated Urban Development Area. All development within the R-4 district is required to be served by either public (or community) water and sewer facilities which meets the provisions of the county's comprehensive plan and all design standards set forth by the county.

(Res. No. 17-11-09, 11-28-17)

Sec. 25-168. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Church.

(2)

Dwelling, single family attached, up to six (6.0) dwelling units per net acre.

(3)

Dwelling, multi-family, up to eight (8.0) dwelling units per acre.

(4)

Group home.

(5)

Home occupation, subject to standards of section 25-435.

(6)

Library.

(7)

Park, unlighted.

(8)

Playground, unlighted.

(9)

School, public.

(10)

Telecommunications tower, attached, subject to the standards of section 25-441.

(11)

Solar energy facility, minor-scale, roof-mounted.

(Res. No. 17-11-09, 11-28-17; Ord. of 5-23-23(2))

Sec. 25-169. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Community center.

(2)

Country club.

(3)

Day care center.

(4)

Dwelling, single-family attached, up to twelve (12) dwelling units per net acre.

(5)

Dwelling, multi-family, up to twenty-four (24) dwelling units per acre.

(6)

Fire, police and rescue stations.

(7)

Nursing home/life care facility.

(8)

Park, lighted.

(9)

Playground, lighted.

(10)

Public utility trunk lines, other (gas, electric, communications).

(11)

Public utility trunk lines, water or sewer.

(12)

Public utility plants, other (gas, electric, communications).

(13)

Public utility plants, water or sewer.

(14)

Public utility substations (gas, electric, communications).

(15)

Public recycling collection points.

(16)

School, private.

(17)

Senior housing facility.

(18)

Senior assisted living facility.

(19)

Reserved.

(20)

Private roads—R-4 use district.

(21)

Structures in excess of the maximum height, as provided for in section 25-171(5)(e), unless otherwise provided for in this chapter or as exempted as provided for in section 25-15(b).

(22)

Electric vehicle charging station, subject to the standards of section 25-448.

(23)

Solar energy facility, minor-scale, ground-mounted.

(Res. No. 17-11-09, 11-28-17; Res. No. 19-01-16, 1-22-19; Res. of 12-21-21; Ord. of 5-23-23(1); Ord. of 5-23-23(2))

Sec. 25-170. - Lot requirements.

(a)

Minimum lot area.

(1)

For single-family attached dwellings: A minimum of two (2) acres are required in any single-family attached development. Two thousand (2,000) square feet per individual dwelling unit.

(2)

For multi-family dwellings: Two (2) acres.

(3)

Other uses: Eighty thousand (80,000) square feet.

(b)

Maximum density.

(1)

By right:

For single-family attached dwellings: Six (6.0) dwellings per net acre.

For multi-family dwellings: Eight (8.0) dwellings per acre.

(2)

By special exception:

For single-family attached dwellings: Twelve (12.0) dwellings per acre.

For multi-family dwellings: Twenty-four (24.0) dwellings per acre.

(c)

(d)

(e)

Minimum lot width.

One hundred (100) feet.

Single-family attached dwellings: Twenty-four (24) feet at the minimum setback line of the front yard.

(Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-171. - Building requirements; minimum yards.

(1)

Single-family attached dwellings.

Front: Twenty (20) feet; not more than seventy (70) percent of front yard shall be devoted to parking areas.

Corner: Twenty (20) feet.

Rear: Twenty (20) feet.

Groups of dwelling units.

A minimum of twelve (12) dwelling units are required in any single-family attached development.

Groups of attached dwelling units on a site shall be separated from each other by a minimum of twenty (20) feet. No more than twelve (12) and not less than six (6) single-family attached dwelling units shall be included in a single connected group.

The front facades of individual dwelling units shall be offset from adjoining units by a minimum of two (2) feet.

(2)

Multi-family structures.

Front: Fifty (50) feet.

Side: Twenty-five (25) feet; multi-family structures shall be separated a minimum of twenty-five (25) feet.

Rear: Twenty-five (25) feet.

(3)

Other Uses.

Front: Fifty (50) feet.

Side: Twenty-five (25) feet.

Rear: Twenty-five (25) feet.

(4)

Accessory buildings.

Five (5) feet from a side or rear lot line; not permitted in front yards.

(5)

Maximum height of buildings and structures.

Dwellings, single-family attached: Thirty-five (35) feet.

Dwellings, multi-family: Forty-five (45) feet.

Churches, libraries and schools: Sixty (60) feet.

Other uses: Thirty-five (35) feet.

Exemptions: As provided for in subsection 25-15(b) of this chapter; and structures approved by special exception, in which case for every one (1) foot above the maximum height listed above, the building or structure shall be set back an additional two (2) feet up to a maximum of sixty (60) feet.

(Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-172. - Use limitations.

(a)

Public water and sewer service. All development within the R-4 district shall be served by public water and public sewer, which meets the provisions of the county comprehensive plan and all design standards set forth by the county and state health department.

(b)

Minimum common open space. Any tract of land zoned R-4 which is developed with any number of single-family attached or multi-family dwellings:

(1)

Minimum ten (10) percent of the gross acreage of the tract shall be preserved as permanent, common open space. A minimum of fifty (50) percent of required common open space shall be developed with active recreation and/or passive recreational uses, such as, useable green space, pedestrian trails, public greenway trails, sidewalks; that are not located in public rights-of-way, swimming pools, tennis courts, dog parks, playgrounds and any similar uses at the sole discretion of the Zoning Administrator.

(2)

(3)

All active recreation space shall be suitably graded and equipped for active recreational facilities to serve the residents of the development.

(4)

All passive recreational space shall be located to preserve important site amenities and environmentally sensitive areas.

(5)

(Res. No. 17-11-09, 11-28-17)

Sec. 25-181.- Purpose.

The Planned Unit Development District (PUD) is established in order to provide for a variety and mix of single and multifamily housing types in neighborhood settings plus supporting, compatible non-residential uses that will promote a sense of community, while also protecting natural and cultural resources to a greater extent than would be accomplished through conventional zoning. Greater flexibility in the use and design of structures and land is to be allowed where tracts suitable in location, area, and character would more aptly be planned and developed on a unified basis rather than by the conventional "parcel by parcel" or "lot-by-lot" zoning approach.

Suitability of such tracts for PUD shall be determined primarily by reference to the county comprehensive plan and map, by the proximity to major roads with adequate existing or expected future capacity, by the availability of sewerage and water facilities, the suitability of the natural resources on the site to absorb urban development, and by reference to the existing and prospective character of the surrounding land. The resulting PUD shall promote high standards in the planning, design and construction of developments, provide opportunities for housing types to meet the needs of people of all income levels, fit compatibly into the existing surrounding landscape and topography of the site, and shall further the purposes and policies of the county comprehensive plan. PUD developments may be approved for "infill" developments aimed at revitalizing or enhancing existing communities, or as attachments or extensions of existing communities, in accord with general and specific guidance provided by the comprehensive plan.

(Res. of 1-1-02, § 2-701; Amd. of 10-28-08(1))

Sec. 25-182. - Permitted uses.

The following uses are permitted in PUD districts:

(1)

Single-family detached dwelling.

(2)

Single-family attached dwelling.

(3)

Duplex dwellings.

(4)

Multi-family dwelling.

(5)

Church.

(6)

School, public.

(7)

Parks, playgrounds, community centers and noncommercial recreational facilities, such as golf courses and tennis courts.

(8)

Neighborhood commercial retail and office uses that meet local shopping and business service needs.

(9)

Public utilities.

(10)

Accessory uses and structures clearly subordinate and incidental to the permitted principal uses and structures.

(11)

Home occupation, subject to standards of Section 25-435.

(12)

Temporary family health care structure.

(13)

Dwelling, mixed use.

(14)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-702; Amd. of 10-28-08(1); Res. No. 11-10-10, 10-25-11; Res. No. 16-12-15, 12-22-16; Ord. of 5-23-23(2))

Sec. 25-183. - Uses permissible by special exception.

Uses permitted by special exception in PUD districts:

(1)

Community center.

(2)

Country club.

(3)

Day care center.

(4)

Dwelling, accessory.

(5)

Fire, police and rescue station.

(6)

Golf course.

(7)

Park, lighted.

(8)

Playground, lighted.

(9)

Public utility trunk lines, other (gas, electric, communications).

(10)

Public utility trunk lines, water or sewer.

(11)

Public utility plants, other (gas, electric, communications).

(12)

Public utility plants, water or sewer.

(13)

Public utility substations (gas, electric, communications).

(14)

Public recycling collection points.

(15)

School, private.

(16)

Senior housing facility.

(17)

Senior assisted living facility.

(18)

Private roads.

(19)

Bed and breakfast, subject to standards of section 25-434.

(20)

Cabin or cottage, resort, subject to standards of section 25-434.

(21)

Boardinghouse, subject to standards of section 25-434.

(22)

Cabin or cottage, subject to standards of section 25-434.

(23)

Electric vehicle charging station, subject to the standards of section 25-448.

(Res. of 1-1-02, § 2-703; Amd. of 10-28-08(1); 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. 19-01-16, 1-22-19; Ord. of 5-23-23(1))

Sec. 25-184. - District requirements and allowable density.

(a)

A planned unit development must include at least ten (10) gross acres and not more than one hundred (100) gross acres of contiguous land fronting upon an existing paved major collector or arterial highway.

(b)

A planned unit development may have a total, overall density of up to seven (7) units per net acre. Maximum internal densities for dwelling types are:

(1)

For multifamily: Sixteen (16) units per net acre.

(2)

For single-family attached: Eight (8) units per net acre.

(3)

For duplexes: Six (6) units per net acre.

(4)

For single-family detached: Four (4) units per net acre.

(5)

For dwelling, mixed use: No limit per net acre.

Different dwelling types may be mixed together on a street, a block or neighborhood in any combination or proportion. In such cases, the concept development shall delineate the boundaries between the different types of units for the purposes of calculating the net density requirements shown above.

(Res. of 1-1-02, § 2-704; Amd. of 10-28-08(1); Res. No. 16-12-15, 12-22-16)

Sec. 25-185. - Lot requirements.

(a)

Single-family detached dwellings shall be on lots with minimum area of not less than eight thousand (8,000) square feet.

(b)

Duplex dwellings shall be on lots with a minimum area of not less than six thousand (6,000) square feet. Each lot shall have only one dwelling.

(c)

Single-family attached dwellings shall be on lots with a minimum area of not less than two thousand (2,000) square feet.

(d)

Multi-family detached dwellings shall be on lots with a minimum area of not less than forty thousand (40,000) square feet.

(e)

Maximum lot coverage is sixty (60) percent for structures and seventy-five (75) percent for impervious surfaces.

(f)

Minimum lot width and depth shall be as shown on the approved final development plan.

(g)

Maximum length to width ratio for each lot must not exceed 5 to 1.

(Res. of 1-1-02, § 2-705; Amd. of 10-28-08(1))

Sec. 25-186. - Building requirements.

Yard and setback requirements shall be as shown on the final approved development plan for each type of residential dwelling and for non-residential uses.

Open space in the amount of twenty (20) percent of the gross area of the PUD parcel/district shall be provided. Not more than one-fourth of this area (five (5) percent of gross) may be in any combination of 100-year flood plain, wetlands, public facilities, utility uses or slopes in excess of fifteen (15) percent.

(Res. of 1-1-02, § 2-706; Amd. of 10-28-08(1))

Sec. 25-187. - Use limitations.

(a)

Availability of public services.

(1)

Relation to major transportation facilities. PUD districts shall be so located with respect to major streets and highways or other transportation facilities as to provide access to such districts without creating excessive traffic along minor streets through residential neighborhoods outside such districts. Access to major highways will be governed by the policies and recommendations of the county comprehensive plan and chapter 21 of this Code.

(2)

Relation to utilities and public facilities. PUD districts shall be located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities systems and installations, in accord with the policies and other designations of the comprehensive plan.

(3)

Provision of utilities and public facilities. The applicant shall:

Construct the utilities and facilities necessary to meet the county's standards for service delivery for the district.

Lot access and street ownership. Lots shall be accessed from a public road currently in the Virginia Department of Transportation (VDOT) system or from a road designed and constructed so as to be accepted into the VDOT system, unless such roads are approved under the condition of a special exception for private roads of section 25-183.

Lots may be accessed at the rear by a private, hard-surfaced alley of not less than fourteen (14) feet in width, designed by a professional engineer to accommodate projected volumes, loads and vehicle types and approved by the zoning administrator. Such private alleys shall be owned and maintained by a property owners association, established at the time of subdivision approval.

Central water and sewer is not required as long as individual, on-site well and septic systems are provided that meet all state health department requirements. However, if central water and sewer is provided, it must be public and incorporated into the county's or town's system, in accord with county or town standards.

(b)

Nonresidential uses.

(1)

Scale of commercial development. Commercial development serving the PUD district shall be allowed up to a maximum of no more than ten (10) percent of the total gross area in the PUD.

(2)

Regulations for other nonresidential uses. Churches, schools and other community oriented recreational uses must conform to the requirements for lot area, width, height, yards, and setbacks as prescribed for residential district R-3.

(c)

Phased or staged development. A phased or staged plan of development will be allowed in a PUD district upon approval by the board of supervisors in accordance with the guidelines set out in sections 25-581 and 25-582. However, if the sequence of construction of various portions of the development is to occur in stages, then the open space and/or recreational facilities shall be developed, or committed thereto, in proportion to the number of dwelling units intended to be developed during any given stage of construction as approved by the board of supervisors in a schedule or precedence order at time of rezoning. Furthermore, at no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the net density per acre established by the approved final development plan.

(d)

Dwelling, mixed use. All dwelling units must be located upon the second or higher floors. Before undertaking any work, a building permit shall be obtained and all work done shall be in compliance with the provisions of the Uniform Statewide Building Code.

(Res. of 1-1-02, § 2-707; Amd. of 10-28-08(1); Res. No. 16-12-15, 12-22-16)

Sec. 25-188. - Special review procedures.

(a)

Development plan review procedures. The administrative review of a request for a PUD district shall be handled in essentially the same manner as other rezonings. The procedural process for review consists of the pre-application conference, the submission of the preliminary development plan and the submission of the final development plan.

(b)

Pre-application conference. The applicant must meet with the zoning administrator and any other county officials the administrator deems appropriate, prior to submitting a rezoning application for a PUD district, at which time the applicant must present general, schematic plans for the development. Thereafter, the administrator shall furnish the applicant with his written comments regarding such conference, including any appropriate recommendations to inform the applicant.

(c)

Preliminary development plan. Application procedures. Application for rezoning to a PUD district will be made to the administrator on the standard rezoning request form. The preliminary development plan required at this time shall consist of information as for a preliminary site plan and supporting maps (excluding exact locations of lot lines for individual dwellings but including curb cut locations for other than single family detached units) with the following information:

(1)

The location and floor area size of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units, density per type and nonresidential structures, including commercial facilities, and all proposed uses. Such drawings should be sufficient to relay the basic architectural intent of the proposed improvements, but should not be encumbered with final detail at this stage.

(2)

The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate.

(3)

The existing and proposed pedestrian circulation system, including sidewalks, trails and bike paths, and the relationship with the vehicular circulation system, indicating proposed treatments of points of conflict.

(4)

The existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines.

(5)

A general landscape plan indicating the treatment of materials used for private and common open spaces.

(6)

Enough information on land areas adjacent to the proposed PUD to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities, and unique natural features of the landscape.

(7)

The proposed treatment of the perimeter of the PUD, including distances, materials and techniques used, such as screens, fences and walls.

(8)

Any additional information as required in writing by the review authority necessary to evaluate the character and impact of the proposed PUD, and whether it meets the requirements of this zoning district.

(9)

Written documents, including the following:

A development schedule and/or precedence order indicating when construction of the PUD or stages of the PUD can be expected to begin and be completed.

Quantitative data for the following: Total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures; approximate gross and net residential densities; total amount of open space (including a separate figure for usable open space); total amount of nonresidential construction (including a separate figure for commercial or institutional facilities); economic feasibility studies or market analysis where necessary; and other studies as required by the review authority.

(d)

Final development plan.

(1)

Generally. Prior to the approval of the rezoning by the board of supervisors, the applicant shall file with the board a final development plan containing in a final detailed form the information required in section 25-188(c).

(2)

Non-submission action. If no final development plan is submitted, the board of supervisors may disapprove the application or accept a request from the applicant to postpone final action on the application until a certain date. At such time, the final development plan will be submitted.

(3)

Amendments to final development plan. Minor changes in the location, siting, form or height of buildings, structures, and/or streets may be authorized by the board of supervisors without additional public hearings, if required by engineering or other circumstances not foreseen at the time the final plan was approved. No such change may cause any of the following:

A change in the use or character of the development.

An increase in overall coverage of structures.

An increase in the intensity of use.

An increase in the loading on roadways or public utilities.

A reduction in approved open space.

(e)

Assurance for provision and development of common open space. The board of supervisors may require adequate assurance, in a form and manner which it approves, that the common open space shown in the final development plan for a PUD will be provided and developed. The following methods of assurance are intended as illustrative and they may be used singly or in combination or in conjunction with other similar methods:

(1)

The title to the land shown as common open space may be put in escrow. The escrow agreement shall provide that the land is to be held in escrow until the board of supervisors has certified to the escrow agent that the planned development has been completed, at which time the common open space is to be conveyed as provided for herein. The escrow agreement may provide for the release of common open space by the escrow agent in stages. The board of supervisors shall certify the completion of each stage of the planned development to the escrow agent. The escrow agreement must provide that a portion of the open space is conveyed as provided for herein if the planned development is not completed. In this event, the open space which is conveyed is to be the same proportions to the open space provided on the final development plan as the dwelling units that have been built are to the total number of dwelling units which are allowable by the final development plan.

(2)

If any of the planned development which includes common open space is held by the developer on option, the developer may assign to the county the right to exercise the option to acquire the common open space.

(Res. of 1-1-02, § 2-708; Amd. of 10-28-08(1))

Sec. 25-201.- Purpose.

The purpose of the Traditional Neighborhood Development District (TND) is to provide opportunities for the creation of new neighborhoods that have the desirable qualities of older neighborhoods that were the common form of development in the United States from early settlements until the 1940's. These neighborhoods feature a mix of land uses and building types, closely linked by an interconnected network of streets that are framed by buildings, and thus are comfortable for pedestrians and provide a sense of place.

The purpose of this district is to provide land use and design regulations that will allow and produce traditional neighborhoods subject to county rezoning review and approval, and in accord with the standards set forth in this district, and with the goals and policies of the County's Comprehensive Plan.

The TND option is intended for areas planned for medium or high density residential uses in or near urbanizing areas and served with, or planned to be served with public utilities, as shown in the County's Comprehensive Plan.

In addition to the purposes listed above, objectives of these traditional neighborhood development provisions are to:

• Allow residents to carry out many of life's activities within their neighborhood, including working, shopping, education and recreation.

• Provide a range and mix of retail, office, residential, and civic land uses, and dwelling types.

• Provide a transportation system that provides safe, comfortable and convenient movement for all forms of traffic, including motor vehicles, pedestrians and bicycles.

• Provide a system of civic spaces including parks, squares and public structures to create a sense of community.

• Avoid the common features of conventional, suburban development patterns, which include:

- Buildings spaced far apart from each other, and set far back from the street and sidewalk,

- Parking lots located between buildings and the street,

- Garages prominent at the fronts of dwellings,

- Streets designed for high speed traffic which makes pedestrian movement uncomfortable and unsafe, and

- Open spaces that are "left over" areas at the edges of neighborhoods and are not framed by buildings.

Upon approval of a zoning map amendment or revision by the Board of Supervisors, a traditional neighborhood development plan and design guidelines become the basis for all continuing land use controls and supersede any other provisions of this chapter that are less restrictive.

(Res. of 1-1-02, § 2-801; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17)

Sec. 25-202. - Development plan required.

The applicant of a zoning map amendment shall submit a development plan of sufficient detail to demonstrate to the county that the proposal meets all size and dimensional requirements, which shall show:

(a)

The location and extent of:

A single, mixed-use core area.

One (1) or more residential edge areas.

Any workplace areas.

Buffer areas.

(b)

The general location of all streets, alleys and parking areas in each area.

(c)

The maximum gross and net densities, as defined herein, including dwelling unit types and lot sizes, of residential uses in each area of the development and for the entire development.

(d)

The maximum gross square feet of commercial and industrial uses in each area of the development and for the entire development.

(e)

The minimum area of civic uses, including parks, greens, squares and other public sites.

(f)

The general design and layout of streets, utilities, and stormwater management facilities, including:

Drawings of typical street cross-sections

Schematic sections through the buildings that front the streets

Detailed concept plan at 1 inch = 200 feet showing the general configuration of building footprints (residential buildings can be shown with typical prototypes and lot configurations for each dwelling type and street condition)

Conceptual design for parking areas and streetscape features

Conceptual design of the stormwater management system

Conceptual layout of proposed lot pattern for subdivision

A survey of the overall project perimeter boundary.

(g)

Natural and other open space areas.

(h)

Design guidelines for typical lots, buildings and structures.

(i)

Adjacent land uses and adjacent zoning.

(j)

Vicinity maps at no less than 1 inch = 2,000 feet scale.

(k)

A conceptual phasing plan showing the location, sequence, and relative timing of development of land uses, streets and utilities, including:

Location, acreage, number, and unit type of residential dwellings for each phase

Location, number and type of non-residential acreage and building square feet for each phase

Location, amount and type of streets for each phase

Location, amount of sewer and water facilities for each phase

Location, size and type of stormwater management facilities for each phase

All of the above features may be adjusted by the applicant during the course of site plan and subdivision approvals, and construction, but must be in substantial conformance to the approved conceptual phasing plan, unless a zoning map amendment is requested and approved, subject to the procedures of section 25-581 of this chapter.

(l)

All other submission requirements as called for in articles V and VI, including the requirements set forth in the county's checklist for rezoning applications and any other items that the zoning administrator may require in order for the county to properly review the application.

Upon approval of the development plan, it shall become part of the zoning regulations governing all land within the designated project area.

(Res. of 1-1-02, § 2-802; Res. No. 05-06-16, 6-28-05; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17)

Sec. 25-203. - Size and designated areas.

(a)

A TND shall contain at least seventy-five (75) acres of contiguous land, and no greater than three hundred (300) total acres.

(b)

A TND may be contiguous to another TND and may be contiguous to any other zoning district defined in this chapter. A TND shall consist of the following types of areas which shall meet the following requirements.

(1)

Core area required. The core area shall be a distinct, contiguous area, and shall contain the designated focal point of the TND. The core area shall extend no further than one thousand four hundred (1,400) linear feet in any direction from the center point, and shall include no greater than fifty (50) percent nor less than ten (10) percent of the total net development area of the TND. The core area shall contain residential, civic, commercial, and open space uses.

(2)

Edge areas required. Edge areas of the TND shall contain only residential uses, civic uses and open space areas and shall contain the lowest density uses of the neighborhood. Edge areas shall surround the core area on at least two sides. Edge areas shall include no greater than ninety (90) percent nor less than fifty (50) percent of the total net development area of the TND.

(3)

Workplace areas, optional. Workplace areas are an optional component of the TND. They shall contain only light industrial, commercial, civic, and open space uses, and shall be distinct areas, contiguous to some other portion of the TND, but need not be contiguous to each other or to the core area. The total land in workplace areas shall include no greater than twenty (20) percent of the total net development area of the TND.

(4)

Buffer areas may be required. Although connectivity of streets, sidewalks, and pathways is generally preferred, buffer areas may be required when necessary to separate the TND from adjacent properties zoned for residential or agricultural uses, and may be included within one (1) or more of the core, edge or workplace areas.

(Res. of 1-1-02, § 2-803; Amd. of 10-28-08(2))

Sec. 25-204. - Permitted uses.

(a)

Permitted uses within the designated core area of a traditional neighborhood development:

All permitted residential and civic uses of the R-1, R-2, R-3, and R-4 districts, except home agriculture.

All permitted residential, commercial and civic uses of the B-1 and B-2 districts for which the floor plate of structures does not exceed twenty thousand (20,000) square feet, and except hospitals.

Accessory dwelling units on SFD lots.

Structured parking facilities.

Dwelling, mixed use.

Dwelling, cottage up to a maximum of ten (10) percent of the total dwelling units within the core area.

(b)

Permitted uses within the designated edge area of a traditional neighborhood development:

All permitted residential and civic uses of the R-1 and R-2 districts.

Accessory dwelling units on single-family detached dwelling lots.

(c)

Permitted uses within the designated workplace areas of a traditional neighborhood development:

All permitted residential, commercial and civic uses of the B-1 and B-2 districts for which the floor plate of structures does not exceed twenty thousand (20,000) square feet.

Dwelling, mixed use.

Additional uses from other districts of this chapter, and additional use limitations may be provided by the approved development plan for the project, subject to approval by the board of supervisors as part of a rezoning to the TND District.

(Res. of 1-1-02, § 2-804; Amd. of 10-28-08(2); Res. No. 16-12-15, 12-22-16; Res. No. 17-04-16, 4-25-17; Res. No. 18-11-11, 11-27-18; Ord. of 7-17-23(1))

Sec. 25-205. - Uses permitted by special exception.

Any of the following uses permitted by special exception may be approved as part of the initial development plan at the time of rezoning; however, the board of supervisors may impose conditions on such uses even if approved as part of the initial development plan.

(a)

Uses permitted by special exception within the designated core area of a traditional neighborhood development:

All residential and civic uses permitted by special exception in the R-1, R-2 and R-3 districts, including private streets.

All commercial and civic uses permitted by special exception in the B-1 and B-2 districts.

Uses permitted by right in the B-3 district.

Any drive-through facility.

Any permitted use in the B-1 and B-2 districts for which the floor plate of structures exceeds twenty thousand (20,000) square feet.

(b)

Uses permitted by special exception within the designated edge area of a traditional neighborhood development:

All residential and civic uses permitted by special exception in the R-1 and R-2 districts, and private streets.

(c)

Uses permitted by special exception within the designated workplace areas of a traditional neighborhood development:

Uses permitted by right in the M-1 and B-3 districts, except any use for which the floor plate of structures exceeds fifty thousand (50,000) square feet.

All industrial, commercial and civic uses permitted by special exception in the B-1 and B-2 districts, except solid waste collection points or recycling drop off or processing centers.

Private streets.

Additional uses from other districts of this chapter may be permitted by special exception in conjunction with approval of the development plan, and additional use limitations may be provided by the approved development plan for the project subject to approval by the county as part of a rezoning to the TND District.

(Res. of 1-1-02, § 2-805; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17)

Sec. 25-206. - Residential lot and building requirements.

The following requirements pertain to the total of all residential uses in the traditional neighborhood development district, whether in the core area or edge area.

(a)

Required area for residential uses.

Minimum: Fifty (50) percent of the gross development area.

Maximum: Eighty-five (85) percent of the gross development area.

The total gross area designated for residential use shall be not less than the total combined gross area designated for non-residential uses.

(b)

Minimum lot area for residential uses.

Single-family detached dwellings: Four thousand (4,000) square feet.

Duplex dwellings: Eight thousand (8,000) square feet.

Cottage dwellings: One thousand (1,000) square feet.

Single-family attached dwellings: One thousand six hundred (1,600) square feet minimum.

Maximum of eight (8.0) single-family attached dwelling units connected together in one (1) group of units.

Multi-family structures: one thousand one hundred (1,100) square feet per unit.

(c)

Minimum lot width for residential uses.

For lots fronting public roads existing on the date of adoption of this chapter, two hundred (200) feet at the minimum setback line of the front yard.

For lots fronting new roads in the TND:

Single-family detached dwellings: Forty (40) feet.

Duplex dwellings: Forty-four (44) feet.

Single-family attached dwellings: Sixteen (16) feet.

Multi-family structures: Seventy-two (72) feet.

Cottage dwellings: Twenty-four (24) feet.

(d)

Maximum lot coverage.

Single-family detached, cottage, duplex and single-family attached dwelling units: Eighty (80) percent.

Multi-family structures: Ninety (90) percent.

(e)

Required yards for residential uses.

Front.

Single-family detached and duplex dwellings:

Minimum: Zero (0) feet in the core area; ten (10) feet in the edge area.

Maximum: Fifteen (15) in the core area; twenty-five (25) feet in the edge area, except no maximum setback for any residential lot of twenty thousand (20,000) square feet or greater.

Single-family attached and multi-family dwellings:

Minimum: Zero (0) feet in the core area; ten (10) feet in the edge area.

Maximum: Fifteen (15) feet.

Cottage dwellings:

Minimum: Zero (0) feet.

Maximum: Fifteen (15) feet.

Side.

Single-family detached and duplex dwellings:

Minimum: A minimum of five (5) feet and not less than fifteen (15) feet for both sides combined.

Maximum: None.

Single-family attached and multi-family dwellings:

Minimum: Five (5) feet and not less than fifteen (15) feet for both sides combined.

Maximum: None.

Cottage dwellings:

Minimum: Five (5) feet.

Maximum: None.

Rear.

Single-family detached, cottage, and duplex dwellings:

Minimum: Six (6) feet.

Maximum: None.

Single-family attached and multi-family dwellings:

Minimum: Twenty-five (25) feet.

Maximum: None.

(Also refer to additional setback requirements pertaining to residential uses near intensive agricultural operations).

Accessory buildings and garages.

Not closer than five (5) feet to a side or rear lot line; not permitted in front yards.

Garages serving residential dwellings and accessed directly from an alley may be located six (6) feet from the lot line parallel to the alley, otherwise such garage shall be set back a minimum of eighteen (18) feet. Garages servicing residential dwellings and accessed from a street shall be set back a minimum of eighteen (18) feet and shall not be located closer to the street than the principal structure.

(f)

Separation of structures. Groups of single-family attached dwellings and multi-family structures shall be separated from each other by a minimum of fifteen (15) feet.

(g)

Maximum height of buildings and structures. Forty-five (45) feet in the core area and thirty-five (35) feet in the edge area, except for exempted structures provided for in subsection 25-15(b) of this chapter, and except by special exception up to a maximum of sixty (60) feet.

(h)

Dwelling, mixed use. Dwelling units shall not be included in the calculation of the maximum net density or minimum lot size. All dwelling units must be located upon the second or higher floors. Before undertaking any work, a building permit shall be obtained and all work done shall be in compliance with the provisions of the Uniform Statewide Building Code.

(i)

Encroachments allowed. In addition to encroachments allowed in required yards according to section 25-431(h)(2), covered unenclosed entry porches; eaves; steps; stoops; enclosed garage can corals; rain barrels and gutters shall also be permitted to encroach into any yard.

(Res. of 1-1-02, § 2-806; Amd. of 10-28-08(2); Res. No. 16-12-15, 12-22-16; Res. No. 17-04-16, 4-25-17; Res. No. 18-08-14, 8-28-18; Ord. of 7-17-23(1))

Sec. 25-207. - Commercial and industrial lot and building requirements.

The following requirements pertain to all commercial and industrial uses in the traditional neighborhood development, whether in the core area or a workplace area.

(a)

Total area for commercial and industrial uses. The total area for commercial and industrial uses shall not exceed thirty (30) percent of the gross development area.

Commercial uses:

Minimum: Five (5) percent of the gross development area.

Maximum: Twenty-five (25) percent of the gross development area.

Industrial uses:

Minimum: None.

Maximum: Fifteen (15) percent of the gross development area.

The total gross development area designated for residential use shall be not less than the total combined gross development area designated for non-residential uses.

(b)

Minimum lot area for commercial uses.

Commercial lots: One thousand (1,000) square feet.

(c)

Minimum lot width for commercial uses.

For lots on new roads built within the TND:

Commercial lots: Twenty (20) feet at the minimum front setback line.

For lots on public roads existing on the date of adoption of this chapter:

Commercial lots: Two hundred (200) feet at the minimum front setback line.

(d)

Maximum lot coverage for commercial and industrial uses. Ninety (90) percent.

(e)

Required yards for commercial uses.

Front.

Minimum: None. A sidewalk of at least eight (8) feet shall be provided along all lot frontages in which the setback is less than fifteen (15) feet.

Maximum: None; however, all building setbacks shall be designed so as to achieve the purpose and intent of the district to create internal streets that are framed by buildings and thus comfortable for pedestrians.

Side.

Minimum: None.

Rear.

Minimum: Six (6) feet.

Maximum: None; however, all building setbacks shall be designed so as to achieve the purpose and intent of the district to create streets that are framed by buildings and thus comfortable for pedestrians.

Accessory buildings. Not closer than six (6) feet to a side or rear lot line; not permitted in front yards.

(f)

Maximum height of buildings and structures. Forty-five (45) feet, except for exempted structures provided for in subsection 25-15(b) of this chapter, and except by special exception up to a maximum of sixty (60) feet.

(g)

Administrative modifications to setback requirements. The zoning administrator may issue written approval of an applicant's request to modify any setback requirement for a specific structure. The zoning administrator may request advice from the planning commission regarding such a request, and if approved, shall issue a written explanation which shall also be shown on the approved concept development plan.

(h)

Design of commercial areas. The development plan, as submitted at the time of a zoning map amendment or revision, must demonstrate that all commercial areas within the TND have the following features:

The development plan and design guidelines submitted at the time of a zoning map amendment or revision should demonstrate that building facades must be predominantly two (2) stories along the front lot line so as to frame the street and provide a sense of spatial enclosure to pedestrians, which may be arranged so as to provide areas for outdoor café seating. The zoning administrator may modify this requirement through the request of a waiver during the site plan review process, but in no instance should the minimum wall height, including the parapet, which is to be of the same design and material, be less than twenty-two (22) feet.

On-street parking must be provided along commercial street frontages. All off-street parking must comply with Article IV, Division 3 of the Zoning Ordinance with the exception of the following:

All off-street parking must be behind or to the side of buildings and may be accessed by alleys, unless approved as part of a special exception permit for a commercial or industrial structure for which the floor plate of the structure exceeds twenty thousand (20,000) square feet.

Parking lots shall be allowed within eight (8) feet of a common property line with another property inside of the limits of the TND district; however, said parking lots on adjacent properties shall maintain a minimum separation of six (6) feet, and said parking lot shall not be located closer than six (6) feet to a building located upon an adjacent property.

The minimum number of parking spaces for the following uses shall be:

Banks - 1.0 per 250 sq. ft. Gross Floor Area (GFA), plus stacking area and bypass lane for any drive-in facility;

Medical care facility - 1.0 per 250 sq. ft. GFA;

Office, General, Professional and Administrative - 1.0 per 250 sq. ft. GFA;

Restaurant, full service - 1 per 100 sq. ft. GFA, except 1 per 250 sq. ft. when located in a multi-tenant building greater than 20,000 sq. ft. GFA.

Retail Stores and Shops - 1.0 per 250 sq. ft. GFA.

At least one entrance to every commercial building must be provided to access at least one façade that is adjacent to a street that is internal to the TND.

Streets must be interconnected, in accord with section 25-210(a).

Curb extensions must be provided at major intersections to facilitate pedestrian crossings.

Windows and/or door openings must be provided at regular intervals along the entirety of any facade that faces a street. Projections or canopies, and/or other articulations, must be provided at regular intervals along the entirety of any façade that faces a street.

Parks, greens, and squares must be bordered or fronted by streets, sidewalks, front building facades, or other such features that provide visual definition of the open space so that it appears and functions as a part of the neighborhood, and not separate from it.

All outdoor lighting must comply with Article IV. Division 5 of the zoning ordinance with the exception that the amount of illumination projected onto a non-residential or multi-family residential use from another property inside of the limits of the TND district may exceed 0.5 vertical foot-candles at a height of five (5) feet at the property line, upon the granting of a waiver by the zoning administrator. The zoning administrator may modify this standard only upon finding that the strict application of this standard would not forward the purposes of this chapter or otherwise serve the public interest, or that alternatives proposed by the owner would satisfy the purposes of the outdoor lighting regulations at least to an equivalent degree.

(i)

Other building and lot requirements for industrial uses. Such requirements will be established by the board of supervisors in conjunction with special exception approvals.

(Res. of 1-1-02, § 2-807; Res. No. 05-06-16, 6-28-05; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17; Res. No. 18-08-14, 8-28-18; Ord. of 7-17-23(1))

Sec. 25-208. - Civic use requirements.

The following requirements pertain to all civic uses in the traditional neighborhood development, whether in the core area, edge areas or workplace areas.

(a)

Total area for civic uses.

Minimum: Two (2) percent of the gross development area must be designated for civic uses as defined herein.

Maximum: None.

Public utility uses shall not be included in this required percentage.

Parks and other open space uses shall not be included in this required percentage.

Churches may account for not more than half of this requirement (one (1) percent of total gross development area).

(b)

Required yards for civic uses.

Front.

Minimum: None. A sidewalk of at least eight (8) feet shall be provided along all lot frontages in which the setback is less than fifteen (15) feet.

Side.

Minimum: None.

Rear.

Minimum: Thirty-five (35) feet when served by a rear alley; no rear setback required when the rear of the lot also functions as a primary access point for pedestrian traffic.

Accessory buildings. Not closer than ten (10) feet to a side or rear lot line; not permitted in front or side yards.

(Res. of 1-1-02, § 2-808; Amd. of 10-28-08(2))

Sec. 25-209. - Parks, squares and open space requirements.

(a)

Total land areas for parks, squares and other open space uses. A minimum of ten (10) percent of the net development area must be designated for parks, squares or other common open space uses as defined herein.

A minimum of one (1) acre of the total area of parks, squares and other common open space must be located in the core area of the neighborhood. At least two (2) percent of the total area within the core area must be used for parks, squares and other common open space.

Natural (undisturbed) open space shall count toward no greater than twenty (20) percent of the total required area for parks, squares or other open space uses.

This open space requirement may be met by open space land designated within any of the other land use areas (residential, commercial, industrial).

(b)

Minimum lot area for parks, squares and other open space uses.

In meeting the requirements of subsection 25-209(a), a park, square or open space area shall be at least ten thousand (10,000) square feet.

No residential dwelling unit of the neighborhood shall be located more than one thousand four hundred (1,400) feet from the boundary of a park, square or open space property.

(Res. of 1-1-02, § 2-809; Amd. of 10-28-08(2))

Sec. 25-210. - Streets, alleys, paths, blocks and parking.

(a)

Grid network. The transportation system in traditional neighborhood districts shall be generally in the form of a grid of interconnected streets, alleys and paths, modified as necessary to accommodate topography and parcel shape.

Culs-de-sac shall not exceed twenty (20) percent of the total length of streets in the traditional neighborhood district. Alleys are exempted from this calculation.

(b)

Block size. In the core area traditional neighborhood development, the blocks created by the grid of streets shall have a maximum block perimeter of one thousand eight hundred (1,800) lineal feet, measured along the interior edge of the street right-of-way, except in locations where a street must cross areas of steep slopes in excess of ten (10) percent natural grade. In such cases, the block length may be extended as necessary to circumvent the steep area.

(c)

Street design. Street sections in traditional neighborhood districts shall be designed to serve multiple purposes, including movement of motor vehicle traffic, pedestrian and bicycle movement, areas for public interaction, definition of public space and sense of place, and areas for placement of street trees, street furniture and landscaping. Streets shall be designed to balance the needs of all users and promote efficient and safe movement of all modes of transportation.

The following street sections shall be used as appropriate to the land uses and densities of the proposed network:

Type of Street	Typical ADT*	Design Speed	Right-of-Way	Paving	Parking
Neighborhood Center Boulevard	> 3,000	30 mph	72 feet	Two lanes at 18 feet; 8 feet median	Two sides
Neighborhood Center Main Street	> 2,000	20 mph	64 feet	36 feet	Two sides
Neighborhood Center Avenue	1,000 to 2,000	20 mph	60 feet	34 feet	Two sides
Mixed Residential Street	< 1,000	20 mph	48 feet	28 feet	Two sides
Mixed Residential Lane	< 500	20 mph	46 feet	26 feet	Two sides
Mixed Residential Side Street	< 500	20 mph	28 feet	20 feet	None
Alley (Primary Access)	< 300	15 mph	20 feet	18 feet	None
Alley (Secondary Access)	< 500	15 mph	18 feet	14 feet	None

*Average daily traffic volume.

(d)

Public and private streets. All streets within a TND shall be public streets, owned and maintained by the Virginia Department of Transportation, unless modifications are approved as a special exception by the board of supervisors, when appropriate to better meet the purposes of this district, in which case private streets, built to standards approved by the board are permitted. Such private streets may serve multiple lots and uses, allowing lots to share entrances onto the public street. Any private streets shall be owned and maintained by the property owners association established at the time of subdivision approval. Any private street must be hard-surfaced and designed by a professional engineer to accommodate projected volumes, loads and vehicle types, and approved by the board of supervisors or later designed and constructed in accordance with the minimum pavement cross section as required by VDOT for a typical road section based on the projected average daily trips. Alleys providing primary access to lots shall only be allowed when said lots front on improved open space areas such as parks or squares.

(e)

Sidewalks. In the core area, sidewalks shall be provided on both sides of the street. Paved area of sidewalk in core area shall be not less than five (5) feet wide, with total sidewalk area width not less than ten (10) feet. In the edge area and in workplace areas, sidewalks shall be provided on both sides of the street. Paved area of sidewalk in edge and workplace areas shall be not less than four (4) feet wide, with total sidewalk area width not less than eight (8) feet. Sidewalks shall not be required along alleys.

(f)

Pedestrian and/or bicycle routes. Pedestrian and bicycle routes shall be provided to connect all uses, so that pedestrians and bicyclists can move comfortably and safely from any site within the TND to any other site within the TND. Pedestrian traffic shall be accommodated through the provision of sidewalks and paths.

Bicycle traffic shall be accommodated through the provision of designated, well-marked bicycle lanes and/or paths suitable for bicycle traffic.

(g)

Parking. Parking and loading spaces shall be provided as required in section 25-471 except that on-street as well as off-street parking spaces shall be counted toward satisfying the requirements.

On-street parking spaces assigned to a building or use shall be those spaces that abut the lot containing that building or use. All required handicapped parking spaces shall be provided off-street.

Shared parking shall be permitted upon approval by the zoning administrator of a written shared parking plan prepared and submitted by the applicant at the time of the application for a zoning map amendment or revision. Upon approval, such a shared parking plan shall result in a reduction in the total amount of required parking, in an amount determined at the time of approval of the rezoning application or by the zoning administrator.

Off-street loading spaces shall be located behind principal structures and may be served directly or indirectly by alleys.

(Res. of 1-1-02, § 2-810; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17; Ord. of 7-17-23(1))

Sec. 25-211. - Property owners association.

A property owners association shall be established prior to the recordation of any subdivision plat. Foundation documents for the POA shall be submitted with the rezoning application and at a minimum shall provide for:

(a)

Design guidelines and procedures for review and approval of structures and site plans.

(Res. of 1-1-02, § 2-811; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17; Ord. of 7-17-23(1))

Sec. 25-212. - Use limitations.

(a)

Public water and sewer service. All development within a traditional neighborhood district is required to be served by public (or community) water and sewer facilities.

(Res. of 1-1-02, § 2-812; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17; Res. No. 18-08-14, 8-28-18)

Sec. 25-213. - Reserved.

Editor's note— Res. No. 17-04-16, adopted April 25, 2017, repealed § 25-213, which pertained to impervious surface. See Code Comparative Table for complete derivation.

Sec. 25-221.- Purpose.

The intent of Business District B-1 is to provide an area for local and neighborhood shopping where retail and personal service business interests as well as for occupations of a professional nature. This district is not intended for intensive traffic generators, nor for activities which would disturb nearby residential areas. This district, and additions to existing districts, should be in proximity to other existing and/or planned commercial, industrial and institutional land use activities with utilities and superior road access.

(Res. of 1-1-02, § 2-901)

Sec. 25-222. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Commercial uses serving the needs of a local neighborhood and having characteristics similar to:

Offices.

Public utilities, poles, lines, transmission lines and towers and other facilities necessary for provision or maintenance of public utilities, including water and sewerage collection or distribution facilities.

Retail stores and shops, such as and having characteristics similar to barber and beauty shops and other personal services, banks, general and specialty food and beverage stores, drug stores, restaurants, clothing and dry goods stores, bakeries, dry cleaning and laundry pick-up stations, coin-operated laundry and dry cleaning establishments.

Day care centers.

(2)

Public uses, such as schools, churches, libraries, fire and rescue station, recycling collection point.

(3)

Accessory buildings in conjunction with permitted uses.

(4)

Telecommunications tower, attached, subject to the standards of section 25-441.

(5)

Cabin or cottage, subject to standards of Section 25-434.

(6)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-902; 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. 21-08-19, 8-24-21; Ord. of 5-23-23(2))

Sec. 25-223. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Convenience store.

(2)

Telecommunication tower, freestanding, subject to the standards of section 25-441.

(3)

Individual establishments or buildings larger than twenty thousand (20,000) square feet of gross leasable area.

(4)

Funeral home, without crematorium.

(5)

Smaller minimum district sizes in accord with section 25-224.

(6)

Medical care facility.

(7)

Bed and breakfast, subject to standards of section 25-434.

(8)

Boardinghouse, subject to standards of section 25-434.

(9)

Dwelling, mixed use.

(10)

Electric vehicle charging station, subject to the standards of section 25-488.

(Res. of 1-1-02, § 2-903; Res. No. 04-03-09, 3-23-04; Res. No. 04-06-17, 6-22-04; 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. 16-12-15, 12-22-16; Ord. of 5-23-23(1))

Sec. 25-224. - District requirements.

(a)

Minimum district size shall be three (3) acres, except that subject to special exception approval, minimum district size may be reduced to one (1) acre.

(b)

Maximum district size shall be ten (10) acres.

(Res. of 1-1-02, § 2-904)

Sec. 25-225. - Lot requirements.

(a)

Minimum lot area: Sixteen thousand (16,000) square feet.

(b)

Maximum density. Maximum floor area ratio: 0.25; impervious surfaces on any lot shall not exceed sixty (60) percent of the lot area. Dwelling, mixed use residential units shall not be included in the calculation of the maximum floor area ratio.

(c)

Minimum lot width: Eighty (80) feet. Lots to abut on street. Each lot shall abut on and be accessed from an existing publicly dedicated state-maintained street, or on a street which has become public by right of use and is state-maintained or on a private street permitted by this chapter.

(Res. of 1-1-02, § 2-905; Res. No. 11-10-10, 10-25-11; Res. No. 16-12-15, 12-22-16)

Sec. 25-226. - Building requirements.

(a)

Minimum yards.

(1)

Front: Twenty-five (25) feet.

(2)

Side: Ten (10) feet. (Twenty five (25) feet adjoining residential).

(3)

Rear: Ten (10) feet (Twenty-five (25) feet adjoining residential).

(b)

Maximum height of buildings and structures: Thirty-five (35) feet.

(c)

Minimum building setback. If any of the following standards are met, the building setback shall be twenty-five (25) feet; if none of these standards are met, the building setback shall be eighty (80) feet plus the distance covered by impervious surfaces.

(1)

Parking is located behind principal building.

(2)

Parking is screened from public road view with berms at least two and one-half (2.5) feet in height and/or coniferous landscaping, or parking lot landscaping is increased by at least fifty (50) percent over minimum requirements.

(Res. of 1-1-02, § 2-906)

Sec. 25-227. - Use limitations.

Water and sewer service. All development within the B-1 district is required to be served by public or community sewer and water systems, or by private on-site septic fields and individual wells which comply with current county and state health department standards.

(Res. of 1-1-02, § 2-907; Res. No. 16-12-15, 12-22-16)

Sec. 25-241.- Purpose.

The Business District B-2 is established to provide suitable areas for community shopping and service businesses. These businesses would have larger-than-neighborhood markets and not be generally appropriate for the shopping center district. These uses are more traffic intensive than most uses in the B-1 district and, because of this, should be separate from concentrated residential areas. This district, and additions to existing districts, should be located in proximity to other existing and/or planned commercial, industrial and institutional land use activities with utilities and superior road access.

(Res. of 1-1-02, § 2-1001)

Sec. 25-242. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

All permitted uses allowed in business district B-1.

(2)

Commercial uses serving the needs of a community, having characteristics similar to, hotels, motels, indoor theaters, restaurants, drive-in eating establishments, retail stores and shops such as and having characteristics similar to: wearing apparel, home appliance sales and services, toys, electronics, furniture, fabric, groceries, hardware store, automotive supplies, home furnishings, department stores, fitness center, and business services. Only merchandise intended to be sold at retail on the premises shall be stocked.

(3)

Meat and poultry shops (slaughtering on-premises prohibited).

(4)

Hospitals and nursing homes.

(5)

Funeral home, crematorium.

(6)

Cemeteries.

(7)

Veterinary or animal hospitals or clinics, provided they are fully enclosed without exterior runs, kennels or yards for animals.

(8)

Public utilities, such as poles, lines, pipes, meters and other facilities necessary for provision or maintenance, including water and sewerage distribution or collection facilities.

(9)

Day care centers.

(10)

Upholstery shops.

(11)

Accessory buildings in conjunction with permitted uses.

(12)

Equipment rental and leasing, not elsewhere classified.

(Res. of 1-1-02, § 2-1002; 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. 21-03-15, 3-23-21; Res. No. 22-03-11, 3-22-22)

Sec. 25-243. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Public billiard parlors and poolrooms.

(2)

Bowling alleys.

(3)

Dance halls, assembly halls, clubs and lodges.

(4)

Golf driving ranges.

(5)

Outdoor theatres (drive-in theatres).

(6)

Flea markets.

(7)

Video game rooms/arcades.

(8)

Telecommunication tower, freestanding, subject to the standards of section 25-441.

(9)

Service stations.

(10)

Convenience stores.

(11)

Veterinary hospital with exterior animal runs.

(12)

Smaller minimum district sizes in accord with section 25-244.

(13)

Commercial recreation uses, indoor.

(14)

Commercial recreation uses, outdoor.

(15)

Car washes.

(16)

Medical care facility.

(17)

Vehicle repair, light.

(18)

Boardinghouses, subject to the standards of section 25-434.

(19)

Bed and breakfast, subject to standards of section 25-434.

(20)

Dwelling, mixed use.

(21)

Lumber and building supplies sales.

(22)

Electric vehicle charging station, subject to the standards of section 25-448.

(23)

Solar energy facility, minor-scale, ground-mounted.

(24)

Retail sales, large format, in accord with standards of section 25-445.

(Res. of 1-1-02, § 2-1003; Res. No. 03-09-13, 9-15-03; Res. 09-08-12, 8-25-09; Res. No. 15-03-09, 3-24-15; 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. 16-12-15, 12-22-16; Res. No. 21-03-15, 3-23-21; Ord. of 5-23-23(1); Ord. of 5-23-23(2); Ord. of 2-27-24)

Sec. 25-244. - District requirements.

(a)

Minimum district size shall be five (5) acres, except that subject to special exception approval, minimum district size may be reduced to two (2) acres.

(b)

Maximum district size shall be twenty (20) acres.

(Res. of 1-1-02, § 2-1004)

Sec. 25-245. - Lot requirements.

(a)

Minimum lot area: Thirty thousand (30,000) square feet.

(b)

Minimum lot width: One hundred (100) feet. Lots to abut on street. Each lot shall abut on and be accessed from an existing publicly dedicated state-maintained street, or on a street which has become public by right of use and is state-maintained or on a private street permitted by this chapter.

(Res. of 1-1-02, § 2-1005; Res. No. 11-10-10, 10-25-11)

Sec. 25-246. - Building requirements.

(a)

Minimum yards.

(1)

Front: Twenty-five (25) feet.

(2)

Side: Ten (10) feet. (Fifty (50) feet adjoining residential).

(3)

Rear: Ten (10) feet (Fifty (50) feet adjoining residential).

(b)

Maximum density. Maximum floor area ratio: 0.40; impervious surfaces on any lot shall not exceed seventy-five (75) percent of the lot area. Dwelling, Mixed Use residential units shall not be included in the calculation of the maximum floor area ratio.

(c)

(1)

Parking is located behind principal building;

(2)

Parking is screened from public road view with berms at least two and one-half (2.5) feet in height and/or coniferous landscaping; or

(3)

Parking lot landscaping is increased by at least fifty (50) percent over minimum requirements.

(d)

Maximum height of buildings and structures: Thirty-five (35) feet.

(Res. of 1-1-02, § 2-1006; Res. No. 11-10-10, 10-25-11; Res. No. 16-12-15, 12-22-16)

Sec. 25-247. - Use limitations.

Water and sewer service. All development within the B-2 district is required to be served by public or community sewer and water systems, or by private on-site septic fields and individual wells which comply with current county and state health department standards.

Dwelling, Mixed Use. All dwelling units must be located upon the second or higher floors. Before undertaking any work, a building permit shall be obtained and all work done shall be in compliance with the provisions of the Uniform Statewide Building Code.

(Res. of 1-1-02, § 2-1007; Res. No. 16-12-15, 12-22-16)

Sec. 25-261.- Purpose.

The intent of Business District B-3 is to provide suitable areas for the conduct of heavy commercial business. Commercial uses permitted in this district are relatively intensive, but are not of such intensity to only be permitted in industrial districts. The uses are characterized by heavy traffic, occasional heavy trucking, noise and glare. The uses may also be characterized by twenty-four (24) hour operations.

This district, and additions to existing districts, should be in proximity to other existing and/or planned commercial, industrial and institutional land use activities with utilities and superior road access.

(Res. of 1-1-02, § 2-1101)

Sec. 25-262. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Automobile, truck (light), trailer, motorcycle, recreational vehicles, modular homes and mobile home sales, and rental, including towing service, but not auto salvage or junk operations.

(2)

Lumber and building supplies sales.

(3)

Farm machinery sales and service.

(4)

Car and truck washes, automatic or otherwise.

(5)

Feed and seed stores.

(6)

Laboratories, pharmaceutical and/or medical.

(7)

Plumbing supplies storage.

(8)

Minor manufacture of musical instruments, toys, novelties and rubber and metal stamps.

(9)

Minor manufacture and sale of pottery and figurines, or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas, coal and fuel oil, including ceramic studios.

(10)

Accessory buildings in conjunction with permitted uses.

(11)

Public utilities, such as poles, lines, pipes, meters and other facilities necessary for provision or maintenance, including water and sewerage distribution or collection facilities.

(12)

Telecommunications tower, attached, subject to the standards of section 25-441.

(13)

Donation Collection Center.

(14)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-1102; Res. No. 07-08-16, 8-28-07; Res. No. 11-10-10, 10-25-11; Res. No. 22-03-10, 3-22-22; Ord. of 5-23-23(2))

Sec. 25-263. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Video game room/arcade.

(2)

Day care center.

(3)

Establishments primarily engaged in the wholesale distribution of goods.

(4)

Mini-warehouses.

(5)

Automobile painting and body shops provided that there shall be no outdoor storage of damaged automobiles, equipment, auto parts or other materials.

(6)

Truck (heavy), and bus repair.

(7)

Telecommunication tower, freestanding, subject to the standards of section 25-441.

(8)

Adult uses, as defined herein.

(9)

Light auto/truck repair.

(10)

Commercial recreation uses, indoor.

(11)

Commercial recreation uses, outdoor.

(12)

Retail sales, large format, in accord with standards of Section 25-445.

(13)

Grain silo, commercial.

(14)

Solar energy facility, minor-scale, ground-mounted.

(Res. of 1-1-02, § 2-1103; Res. No. 11-10-10, 10-25-11; Res. No. 13-03-12, 3-26-13; Res. No. 18-09-21, 9-25-18; Ord. of 5-23-23(2))

Sec. 25-264. - District requirements.

(a)

Minimum district size shall be seven (7) acres, except that subject to special exception approval, minimum district size may be reduced to four (4) acres.

(b)

Maximum district size shall be thirty (30) acres.

(Res. of 1-1-02, § 2-1104)

Sec. 25-265. - Lot requirements.

(a)

Minimum lot area: Forty thousand (40,000) square feet.

(b)

(Res. of 1-1-02, § 2-1105; Res. No. 11-10-10, 10-25-11)

Sec. 25-266. - Building requirements.

(a)

Minimum yards.

(1)

Front: Twenty-five (25) feet.

(2)

Side: Fifteen (15) feet. (Seventy-five (75) feet adjoining residential).

(3)

Rear: (15) feet. (Seventy-five (75) feet adjoining residential).

(b)

Maximum density. Maximum floor area ratio: 0.35; impervious surfaces on any lot shall not exceed seventy (70) percent of the lot area.

(c)

(1)

Parking is located behind principal building;

(2)

Parking is screened from public road view with berms at least two and one-half (2.5) feet in height and/or coniferous landscaping; or

(3)

Parking lot landscaping is increased by at least fifty (50) percent over minimum requirements.

(d)

Maximum height of buildings and structures: Forty-five (45) feet.

(Res. of 1-1-02, § 2-1106; Res. No. 11-10-10, 10-25-11)

Sec. 25-267. - Use limitations.

(a)

Water and sewer service. All development within the B-3 district is required to be served by public or community sewer and water systems, or by private on-site septic fields and individual wells which comply with current county and state health department standards.

(b)

All repair or storage of equipment or materials and damaged or inoperative vehicles shall be inside a completely enclosed building or screened from view when stored outside a building, by means of an opaque fence, or masonry wall, or dense evergreen landscape planting or any combination thereof approved by the zoning administrator. Stored materials shall not be stacked or otherwise placed in a manner that exceeds the height of the screening materials.

(c)

Car and truck washes shall have adequate stacking space for all vehicles and shall be provided off of the street for each washing lane.

(Res. of 1-1-02, § 2-1107; Res. No. 18-09-21, 9-25-18)

Sec. 25-281.- Purpose.

The Shopping Center District SC is created to permit the development of neighborhood, community and regional shopping centers in scale with surrounding market areas, as recommended in the county land use plan and in accordance with the standards set forth in this division.

It is intended to permit the establishment of shopping center districts only where planned centers of carefully organized buildings, service areas, parking areas and landscaped open spaces will clearly serve demonstrated public need, reduce traffic congestion and probable hazards which would result from strip commercial development along highways and protect property values in surrounding neighborhoods. It is further intended that the shopping center districts will provide a broader range of facilities and services appropriate to the general need of the area served as distinguished from B-1 and B-2 districts.

(Res. of 1-1-02, § 2-1201)

Sec. 25-282. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

Any use permitted by right in either the B-1 or B-2 zoning district.

(Res. of 1-1-02, § 2-1202)

Sec. 25-283. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Any use permitted by special exception in either the B-1 or B-2 zoning district, excluding commercial recreation uses, outdoor, other than golf driving ranges, bed and breakfast, and boardinghouse.

(2)

Video game room, arcade.

(3)

Commercial recreation uses, indoor.

(4)

Assisted living facility.

(5)

Dwelling, mixed use.

(6)

Maximum height up to sixty (60) feet.

(Res. of 1-1-02, § 2-1203; Res. No. 15-02-11, 2-24-15; 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. 16-12-15, 12-22-16; Res. No. 21-11-23, 11-23-21)

Sec. 25-284. - District requirements.

Minimum and maximum district sizes for the types of shopping centers:

Type	Minimum	Maximum
Neighborhood	4 acres	9 acres
Community	7 acres	25 acres
Regional	25 acres	50 acres

(Res. of 1-1-02, § 2-1204)

Sec. 25-285. - Lot requirements.

(a)

Minimum lot area.

For neighborhood shopping centers: Sixteen thousand (16,000) square feet.

For community and regional shopping centers: Forty thousand (40,000) square feet.

(b)

Maximum density.

For neighborhood shopping centers:

Maximum floor area ratio: 0.25; impervious surfaces on any lot shall not exceed sixty (60) percent of the lot area. Dwelling units shall not be included in the calculation of the maximum floor area ratio.

For community and regional shopping centers:

(c)

Minimum lot width: One hundred (100) feet.

(Res. of 1-1-02, § 2-1205; Res. No. 16-12-15, 12-22-16)

Sec. 25-286. - Building requirements.

(a)

Minimum yards (building setback).

(1)

For neighborhood shopping centers:

Front: Eighty (80) feet plus distance of impervious surfaces, except setback shall be twenty-five (25) feet when:

Parking is located behind the principal building;

When parking screened from public road view with berms and/or evergreen (coniferous) landscaping; or

When parking lot landscaping is increased by at least fifty (50) percent over minimum requirements.

Side: Ten (10) feet. (Twenty-five (25) feet adjoining residential district).

Rear: Ten (10) feet (Twenty-five (25) feet adjoining residential district).

(2)

For community and regional shopping centers:

Front: Eighty (80) feet plus distance of impervious surfaces, except setback shall be forty (40) feet when:

Parking is located behind the principal building;

When parking screened from public road view with berms and/or evergreen (coniferous) landscaping; or

When parking lot landscaping is increased by at least fifty (50) percent over minimum requirements.

Side: Ten (10) feet. (Fifty (50) feet adjoining residential district).

Rear: Ten (10) feet. (Fifty (50) feet adjoining residential district).

(b)

Maximum height of buildings and structures: Forty-five (45) feet, except by special exception up to a maximum of sixty (60) feet.

(Res. of 1-1-02, § 2-1206; Res. No. 21-11-23, 11-23-21)

Sec. 25-287. - Use limitations.

(a)

Public water and sewer service. All development within the SC district is required to be served by public, or community water and sewer facilities which comply with current county and state health department standards.

(b)

Road access. All development within the SC district is required to:

(1)

All SC types shall have direct access to a collector roadway, which shall be a road within the VDOT system.

(c)

(Res. of 1-1-02, § 2-1207; Res. No. 16-12-15, 12-22-16)

Sec. 25-301.- Purpose.

A Planned Office Park District is established primarily for administrative, business and professional offices and necessary supporting accessory uses and facilities, designed, constructed and maintained with a park-like atmosphere and environmentally sensitive design to accommodate and complement existing natural features including extensive landscaping, low ground coverage by buildings, buildings of moderate height, and careful attention to such aesthetic considerations as location and size of signs, lighting, parking and service areas.

(Res. of 1-1-02, § 2-1301)

Sec. 25-302. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter and all other applicable regulations.

(1)

Offices.

(2)

Bank or financial institution.

(3)

Health and fitness center.

(4)

Accessory uses in the same building as the permitted principal uses primarily served, and occupying not more than twenty (20) percent of the floor area of such building:

Central reproduction and mailing services, and the like.

Restaurant, including carryout, but excluding drive-through.

Establishments for sale of office supplies and service of office equipment.

Establishments for sale of concessions and print media.

Pharmacies, laboratories, testing, engineering, research and developmental offices, and establishments for the production, fitting or sale of optical or prosthetic appliances.

Personal service establishments.

(5)

Educational institution.

(6)

Printing service.

(7)

Conference or training center.

(8)

Library.

(9)

Public utilities, ground-mounted or underground, such as lines, distribution transformers, pipes, meters and other facilities necessary for provision or maintenance of on-site utility services, including water, sewerage, and communications facilities.

(10)

Day care center.

(11)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-1302; Ord. of 5-23-23(2))

Sec. 25-303. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Hospital.

(2)

Hotel, motel.

(3)

Radio, radar, television, and telecommunication tower.

(4)

Medical care facility, outpatient only.

(5)

Fire, police, and rescue station.

(6)

Restaurant, excluding drive-through facilities

(7)

Public utility service center.

(8)

Radio and television broadcasting and/or recording studio.

(9)

Public utilities, above ground.

(10)

Heliport.

(11)

Solar energy facility, minor-scale, ground-mounted.

(Res. of 1-1-02, § 2-1303; Res. No. 13-04-18, 4-23-13; Ord. of 5-23-23(2))

Sec. 25-304. - District requirements.

Minimum district size shall be three (3) acres, maximum district size shall be thirty (30) acres. Incremental and contiguous additions of a minimum of one (1) acre to an existing POP zoning district shall be allowed.

(Res. of 1-1-02, § 2-1304)

Sec. 25-305. - Lot requirements.

(a)

Minimum lot area: One (1) acre. Forty-three thousand, five hundred sixty (43,560) square feet.

(b)

Minimum lot width: One hundred fifty (150) feet.

(Res. of 1-1-02, § 2-1305)

Sec. 25-306. - Building requirements.

(a)

Minimum yards.

(1)

Front: Fifty (50) feet.

(2)

Side: Ten (10) feet. (Twenty-five (25) feet adjoining residential).

(3)

Rear: Ten (10) feet (Twenty-five (25) feet adjoining residential).

No parking area shall be within ten (10) feet of any side or rear property line.

(b)

Maximum density. Maximum floor area ratio: 0.35. Impervious surfaces on any lot shall not exceed sixty-five (65) percent of the lot area.

(c)

Minimum building setback. Fifty (50) feet when parking is located behind principal building, when parking screened from public road view with berms and/or coniferous landscaping, or when parking lot landscaping is increased by at least fifty (50) percent over minimum requirements; otherwise building setback shall be eighty (80) feet plus distance of impervious surfaces.

(d)

Maximum height of buildings and other structures: Thirty-five (35) feet.

(Res. of 1-1-02, § 2-1306; Res. No. 11-10-10, 10-25-11)

Sec. 25-307. - Use limitations.

(a)

Public water and sewer service. All development within the POP district is required to be served by public, community or private water and sewer facilities which comply with current county and state health department standards.

(b)

All utilities installed within the planned office park district POP shall be installed underground except where not technically feasible.

(c)

Outdoor storage areas, areas for collection of refuse, loading areas, and parking areas shall be substantially screened from adjacent structures, roads and traffic arteries with hedges, dense planting, earth berms, changes in grade and/or wall. Wall materials shall be of compatible material and colors used on the exterior of the primary building.

(d)

Road access. All development within the POP district is required to:

•Be served by direct access to a collector roadway which shall be a road within the VDOT system.

•Have a minimum frontage of one hundred fifty (150) feet on a VDOT road.

(Res. of 1-1-02, § 2-1307)

Sec. 25-321.- Purpose.

The intent of Industrial District M-1 is to establish and preserve areas for industrial uses of such a nature that they do not create serious problems of compatibility with other kinds of land uses. These uses should be served by public water and sewerage or a suitable, approved community water and sewerage system. This district, and additions to existing districts, should be in proximity to other existing and/or planned commercial, industrial and institutional land use activities with utilities and superior road access.

(Res. of 1-1-02, § 2-1401)

Sec. 25-322. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Manufacture, processing, fabrication and/or assembly of products having characteristics similar to but not limited to: scientific and precision instruments, photographic equipment, communication, computation equipment, drugs, medicines, pharmaceutical, household appliances, musical instruments, toys, novelties, sporting goods and athletic goods, boats, rubber and metal stamps, die-cut paperboard and cardboard, glass products made of purchased glass, pottery and ceramic products using only previously pulverized clay, electric lighting and wiring equipment, service industry machines, lithographic and printing processes, industrial controls, radio, consumer electronics and TV receiving

(2)

Day care center.

(3)

Agriculture, horticulture, forestry.

(4)

Cabinet, furniture and upholstery shops.

(5)

Radio and television recording studio.

(6)

Monumental stone works.

(7)

Public utility generating, booster or relay stations, transformer substations, transmission lines and towers and other facilities for the provision and maintenance of public utilities, including railroads and facilities and water and sewerage installations.

(8)

Mini-warehouses.

(9)

Wholesale businesses and storage warehouses

(10)

Offices.

(11)

Laboratories, pharmaceutical and/or medical uses.

(12)

Commuter parking lot.

(13)

Conference or training center.

(14)

Auto body repair.

(15)

Telecommunications towers, attached, subject to standards of section 25-441.

(16)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-1402; Ord. of 5-23-23(2))

Sec. 25-323. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

As a transitional use, to an A or R district only, a use permitted by right in the B-1 or B-2 district where the impact on adjoining A or R district will be less than other uses permitted by special exception in the M-1 district.

(2)

Truck terminals.

(3)

Truck complexes.

(4)

Telecommunication tower, freestanding, subject to the standards of section 25-441.

(5)

Coal and wood yards.

(6)

Civic, social, fraternal meeting place.

(7)

Facilities for fitness, lessons in dance, sport skills.

(8)

Hotel or motel.

(9)

Hospital.

(10)

Water or sewerage treatment plant.

(11)

Utility substation.

(12)

Bank or financial institution.

(13)

Contractor service establishment, excluding retail sales.

(14)

Public recycling collection points.

(15)

Outdoor recreation establishment.

(16)

Government buildings, functions.

(17)

Individual well and septic systems approved by the state health department.

(18)

Vehicle repair, heavy.

(19)

Heliport.

(20)

Materials recovery facility.

(21)

Solar energy facility, minor-scale, ground-mounted.

(Res. of 1-1-02, § 2-1403; Res. No. 11-12-08, 12-20-11; Res. No. 13-04-18, 4-23-13; Res. No. 19-01-16, 1-22-19; Ord. of 5-23-23(2))

Sec. 25-324. - District requirements.

Minimum district area: Ten (10) acres, except that subject to special exception approval, minimum district size may be reduced to no less than three (3) acres.

(Res. of 1-1-02, § 2-1404; Res. No. 02-06-19, 6-18-02)

Sec. 25-325. - Lot requirements.

(a)

Minimum lot area: One (1) acre.

(b)

Minimum lot width: One hundred (100) feet.

(Res. of 1-1-02, § 2-1405)

Sec. 25-326. - Building requirements.

(a)

Minimum yards.

(1)

Front: Twenty-five (25) feet.

(2)

Side: Ten (10) feet. (Fifty (50) feet adjoining residential).

(3)

Rear: Thirty (30) feet. (Fifty (50) feet adjoining residential).

(b)

Maximum density. Maximum floor area ratio: 0.50; impervious surfaces on any lot shall not exceed seventy (70) percent of the lot area.

(c)

Minimum building setback. Twenty-five (25) feet when parking is located behind principal building, when parking screened from public road view with berms and/or coniferous landscaping, or when parking lot landscaping is increased by at least fifty (50) percent over minimum requirements; otherwise building setback shall be eighty (80) feet plus distance of impervious surfaces.

(d)

Building height. Forty-five (45) feet. Parapet walls are permitted up to four (4) feet above the maximum height. Buildings over forty-five (45) feet in height may be permitted by the board of supervisors as a special exception where building setback is increased five (5) feet for each additional foot over forty-five (45) feet plus such other conditions as the board of supervisors imposes.

(Res. of 1-1-02, § 2-1406; Res. No. 11-10-10, 10-25-11)

Sec. 25-327. - Use limitations.

(a)

Public water and sewer service. All development within the M-1 district is required to be served by public or community water and sewer facilities which comply with current county and state health department standards unless granted a special exception under section 25-323(17).

(b)

Access. Lot access for M-1 districts or lots shall not be provided through contiguous residential districts, residential areas of planned districts, or residential subdivisions in the A-1 or RR districts.

(c)

Indoor/outdoor operations. All manufacturing operations must take place within a completely enclosed building, unless permission for outside operations is specifically granted by the board of supervisors as a special exception use.

(d)

Noise. Noise levels generated on-site shall comply with Article II Noise, of the Noise Ordinance of the Botetourt County Code.

(Res. of 1-1-02, § 2-1407)

Sec. 25-341.- Purpose.

The intent of Industrial District M-2 is to establish and preserve areas for industrial and related uses of such a nature that they require isolation from many other types of land uses because of traffic or nuisance factors, such as noise, glare, smoke, dust or odor. This district, and additions to existing districts, should be in proximity to other existing and/or planned commercial, industrial and institutional land use activities with utilities and superior road access.

(Res. of 1-1-02, § 2-1501)

Sec. 25-342. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

(2)

Sawmills and planing mills.

(3)

Contractor's equipment storage or yard, or rental of equipment used by contractors, including well drilling operations.

(4)

Beverage processors, bottlers and distributors.

(5)

Blacksmith shop, welding or machine shop, excluding punch presses exceeding forty-ton rated capacity, and drop hammers.

(6)

Manufacture, compounding, processing, packaging or treatment of articles (of sizes less than four hundred (400) cubic feet) or merchandise from the following previously prepared materials: Bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, clay, shale, stone, metals, shells, straw, textiles, tobacco, wood, yarn and paint.

(7)

Bakery, commercial.

(8)

Dry cleaning plant.

(9)

Heavy equipment, tractor-trailer, and specialty vehicle sales, rental, repair and accessory service.

(10)

Motor vehicle service and repair, light and heavy.

(11)

Public utility service center, with or without outdoor storage yard.

(12)

Contractor service establishment, excluding retail sales

(13)

Moving and storage company.

(14)

All uses permitted by right in M-1.

(15)

Telecommunications tower, attached, subject to the standards of section 25-441.

(Res. of 1-1-02, § 2-1502; Res. No. 11-10-10, 10-25-11)

Sec. 25-343. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

(2)

Telecommunication tower, freestanding, subject to the standards of section 25-441.

(3)

Truck terminals.

(4)

Truck complexes.

(5)

Water or sewerage treatment plant.

(6)

Utility substation.

(7)

Public recycling collection points.

(8)

Government buildings, functions.

(9)

Radio and TV broadcasting, relay station.

(10)

Individual well and septic systems approved by the state health department.

(11)

Reduction in the minimum district size from ten (10) acres to no less than three (3) acres.

(12)

Trucking company.

(13)

Heliport.

(14)

Convenience center.

(15)

Materials recovery facility.

(16)

Transfer station.

(17)

Electric vehicle charging station, subject to the standards of section 25-448.

(18)

Solar energy facility, minor-scale, ground-mounted.

(19)

Solar energy facility, utility-scale.

(Res. of 1-1-02, § 2-1503; Res. No. 06-07-13, 7-25-06; Res. No. 07-01-15, 1-23-07; Res. No. 07-02-15, 2-27-07; Res. No. 13-04-18, 4-23-13; Res. No. 19-01-16, 1-22-19; Ord. of 5-23-23(1); Ord. of 5-23-23(2))

Sec. 25-344. - District requirements.

Minimum district area: Ten (10) acres, except that subject to special exception approval, minimum district size may be reduced to no less than three (3) acres.

(Res. of 1-1-02, § 2-1504; Res. No. 07-01-15, 1-23-07)

Sec. 25-345. - Lot requirements.

(a)

Minimum lot area: One (1) acre.

(b)

Minimum lot width: One hundred (100) feet.

(Res. of 1-1-02, § 2-1505)

Sec. 25-346. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet.

(2)

Side: Twenty (20) feet. (Seventy-five (75) feet adjoining residential).

(3)

Rear: Forty (40) feet. (Seventy-five (75) feet adjoining residential).

(b)

Maximum density. Maximum floor area ratio: 0.50; impervious surfaces on any lot shall not exceed seventy (70) percent of the lot area.

(c)

Minimum building setback. Forty (40) feet when parking is located behind principal building, when parking screened from public road view with berms and/or coniferous landscaping, or when parking lot landscaping is increased by at least fifty (50) percent over minimum requirements; otherwise building setback shall be eighty (80) feet plus distance of impervious surfaces.

(d)

Building height. Forty-five (45) feet. Parapet walls are permitted up to four (4) feet above the maximum height. Buildings over forty five (45) feet in height may be permitted by the board of supervisors as a special exception where building setback is increased five (5) feet for each additional foot over forty-five (45) feet plus such other conditions as the board of supervisors imposes.

(Res. of 1-1-02, § 2-1506; Res. No. 11-10-10, 10-25-11)

Sec. 25-347. - Use limitations.

(a)

Public water and sewer service. All development within the M-2 District is required to be served by public or community water and sewer facilities which comply with current county and state health department standards, unless granted a special exception permit under subsection 25-343(10).

(b)

Access. Lot access for M-2 Districts or lots shall not be provided through contiguous residential districts, residential areas of planned districts, or residential subdivisions in the A-1 or RR districts.

(c)

(d)

Noise. Noise levels generated on-site shall comply with Article II Noise, of the Noise Ordinance of the Botetourt County Code.

(Res. of 1-1-02, § 2-1507; Res. No. 06-07-13, 7-25-2006)

Sec. 25-361.- Purpose.

The intent of Industrial District M-3 is to establish areas for industrial uses which, because of their nature and operations, exhibit such noticeable characteristics as noise, glare, smoke, fumes and odors. These industrial uses should be monitored with respect to air and water quality. This district, and additions to existing districts, should be in proximity to other existing and/or planned commercial, industrial and institutional land use activities with utilities and superior road access.

(Res. of 1-1-02, § 2-1601)

Sec. 25-362. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Livestock and auction markets.

(2)

Acid manufacture.

(3)

Exploration and extraction of gas, oil and other minerals, including quarries.

(4)

Mineral processing operations, such as crushing plants; cement, lime and gypsum manufacturing; masonry block and brick manufacturing; and asphalt plants.

(5)

Fertilizer manufacture.

(6)

Petroleum manufacture, including by-products.

(7)

Petroleum storage.

(8)

Pulp and paper manufacture.

(9)

Slaughterhouse, including meat, poultry and fish processing.

(10)

Steel fabricating plants.

(11)

Public utility generating, booster and relay stations; transformer stations; transmission lines and towers; and other facilities for the provision and maintenance of public utilities, including railroads and facilities, and water and sewerage installations.

(12)

Animal hospital, veterinary service.

(13)

Crematorium.

(14)

Telecommunications tower, attached, subject to the standards of section 25-441.

(15)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-1602; Ord. of 5-23-23(2))

Sec. 25-363. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Automobile graveyards.

(2)

Junkyards.

(3)

Landfills.

(4)

Transfer station.

(5)

Telecommunication tower, freestanding, subject to standards of section 25-441.

(6)

Shooting range.

(7)

Concrete mixing, storage plant.

(8)

Sawmill, wood processing facility.

(9)

Stump processing plant.

(10)

Kennel, commercial.

(11)

Explosive storage facility.

(12)

Individual well and septic systems approved by the state health department.

(13)

Public recycling collection points.

(14)

Convenience center.

(15)

Materials recovery facility.

(16)

Recovered material processing facility.

(17)

Electric vehicle charging station, subject to the standards of section 25-448.

(18)

Solar energy facility, minor-scale, ground-mounted.

(19)

Solar energy facility, utility-scale.

(Res. of 1-1-02, § 2-1603; Res. No. 06-07-13, 7-25-06; Res. No. 11-10-10, 10-25-11; Res. No. 19-01-16, 1-22-19; Ord. of 5-23-23(1); Ord. of 5-23-23(2))

Sec. 25-364. - District requirements.

Minimum district size: Twenty (20) acres.

(Res. of 1-1-02, § 2-1604)

Sec. 25-365. - Lot requirements.

(a)

Minimum lot area: One (1) acre.

(b)

Maximum floor area ratio: 0.50; impervious surfaces on any lot shall not exceed seventy (70) percent of the lot area.

(c)

Minimum lot width: One hundred (100) feet.

(Res. of 1-1-02, § 2-1605; Res. No. 11-10-10, 10-25-11)

Sec. 25-366. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet.

(2)

Side: Forty (40) feet. (One hundred (100) feet adjoining residential).

(3)

Rear: Fifty (50) feet. (One hundred (100) feet adjoining residential).

(b)

(c)

Building height. Forty-five (45) feet. Parapet walls are permitted up to four (4) feet above the maximum height of the building. Buildings over forty five (45) feet in height may be permitted by the board of supervisors as a special exception where building setback is increased five (5) feet for each additional foot over forty-five (45) feet plus such other conditions as the board of supervisors imposes.

(Res. of 1-1-02, § 2-1606; Res. No. 11-10-10, 10-25-11)

Sec. 25-367. - Use limitations.

(a)

Public water and sewer service. All development within the M-3 District is required to be served by public or community water and sewer facilities which comply with current county and state health department standards, unless granted a special exception permit under subsection 25-363(11).

(b)

Access. Lot access for M-3 Districts or lots shall not be provided through contiguous residential districts, residential areas of planned districts, or residential subdivisions in the A-1 or RR districts.

(c)

(d)

Noise. Noise levels generated on-site shall comply with Article II Noise, of the Noise Ordinance of the Botetourt County Code.

(Res. of 1-1-02, § 2-1607; Res. No. 06-07-13, 7-25-2006)

Sec. 25-381.- Purpose.

A Planned Industrial Park District is established primarily for light and medium industrial uses and necessary supporting accessory uses and facilities, designed with a park-like atmosphere and environmentally sensitive design to accommodate and complement existing natural features including extensive landscaping, low ground coverage by buildings, buildings of moderate height, and careful attention to such aesthetic considerations as location and size of signs, lighting, parking and service areas. This district should be located and developed in concert with locations and policies of the comprehensive plan.

(Res. of 1-1-02, § 2-1701)

Sec. 25-382. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Day care center.

(2)

Agriculture, horticulture, forestry.

(3)

Beverage processors, bottlers and distributors.

(4)

Cabinet, furniture and upholstery shops.

(5)

Commuter parking lot.

(6)

Conference or training center.

(7)

Educational institution.

(8)

Fire, police, and rescue station.

(9)

Health and fitness center.

(10)

(11)

Mini-warehouses.

(12)

Monumental stone works.

(13)

Printing service.

(14)

Library.

(15)

Public utilities, such as poles, lines, distribution transformers, booster or relay stations/substations, electric transmission lines and towers, pipes, meters and other facilities necessary for provision or maintenance of on-site utility services, including water, sewerage, and local communications facilities.

(16)

Radio and television broadcasting and/or recording studio.

(17)

Retail sales not to exceed twenty (20) percent of the total gross leasable area of the development.

(18)

Wholesale businesses and storage warehouses.

(19)

Accessory uses in a building with a permitted principal use and occupying not more than twenty (20) percent of the floor area of such building.

Central reproduction and mailing services, and the like.

Restaurant, including carryout, but excluding drive-through.

Establishments for sale of office supplies and service of office equipment.

Establishments for sale of concessions and print media.

Pharmacies, laboratories, testing, engineering, research and developmental offices, and establishments for the production, fitting or sale of optical or prosthetic appliances.

(20)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-1702; Ord. of 5-23-23(2))

Sec. 25-383. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Civic, social, fraternal meeting place.

(2)

Contractor's service, equipment storage, yard, rental of equipment used by contractors, well drilling operations, with retail sales only as a subordinate use.

(3)

Facilities for fitness, lessons in dance, sport skills.

(4)

Government buildings, functions.

(5)

Hospital.

(6)

Hotel or motel.

(7)

Laboratories, pharmaceutical and/or medical uses.

(8)

Manufacture, compounding, processing, packaging or treatment of articles (of sizes less than four hundred (400) cubic feet) or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, clay, shale, stone, metals, shells, straw, textiles, tobacco, wood, yarn and paint.

(9)

Materials recovery facility.

(10)

Medical care facility, outpatient only.

(11)

Offices.

(12)

Outdoor recreation establishment.

(13)

Public utility generating, and facilities and water and sewerage installations.

(14)

Public utility service center.

(15)

Radio, radar, television, and telecommunication tower.

(16)

Railroad facilities other than trackage.

(17)

Public recycling collection point.

(18)

Restaurant, excluding drive-through facilities.

(19)

Sawmills and planing mills.

(20)

Truck complexes.

(21)

Truck terminals.

(22)

Water or sewerage treatment plant.

(23)

Welding or machine shop, excluding punch presses exceeding forty-ton rated capacity, and drop hammers.

(24)

(25)

Solar energy facility, minor-scale, ground-mounted.

(Res. of 1-1-02, § 2-1703; Res. No. 19-01-16, 1-22-19; Ord. of 5-23-23(2))

Sec. 25-384. - District requirements.

Minimum district size: Twenty (20) acres.

Incremental and contiguous additions of a minimum of one (1) acre to an existing PIP zoning district shall be permitted.

(Res. of 1-1-02, § 2-1704)

Sec. 25-385. - Lot requirements.

(a)

Minimum lot area: One (1) acre. Forty-three thousand, five hundred sixty (43,560) square feet.

(b)

Minimum lot width: One hundred (100) feet.

(Res. of 1-1-02, § 2-1705)

Sec. 25-386. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet.

(2)

Side: Ten (10) feet. (Fifty (50) feet adjoining residential).

(3)

Rear: Ten (10) feet. (Fifty (50) feet adjoining residential).

No parking area shall be within ten (10) feet of any side or rear property line. (Fifty (50) feet adjoining residential).

(b)

Maximum density. Maximum floor area ratio: 0.35. Impervious surfaces on any lot shall not exceed sixty-five (65) percent of the lot area.

(c)

(d)

Maximum height of buildings and other structures: Forty-five (45) feet.

(Res. of 1-1-02, § 2-1706)

Sec. 25-387. - Use limitations.

(a)

Public water and sewer service. All development within the PIP district is required to be served by public, community or private water and sewer facilities which comply with current county and state health department standards.

(b)

Access. Lot access for PIP districts or lots shall not be provided through residential districts, residential areas of planned districts, or residential subdivisions in the A-1 or RR districts.

(c)

Indoor/outdoor operations. Outdoor storage areas, areas for collection of refuse, loading areas, and parking areas shall be substantially screened from adjacent structures, roads and traffic arteries with hedges, dense planting, earth berms, changes in grade and/or wall. Wall materials shall be of compatible material and colors used on the exterior of the primary buildings.

All utilities installed within the planned industrial park district PIP shall be installed underground except where not technically feasible.

(d)

Noise. Noise levels generated on-site shall comply with Article II Noise, of the Noise Ordinance of the Botetourt County Code.

(Res. of 1-1-02, § 2-1707)

Sec. 25-391.- Purpose.

The research and advanced manufacturing district is established primarily for research, engineering, testing, development, light industry and manufacturing uses with supporting accessory uses and facilities. Facilities typically located within this district generate little outside effect such as noise, odor, dust or smoke, yet provide a use more intensive and less dependent on visibility and access than general commercial uses. Facilities are designed, constructed and maintained with environmental sensitivity to accommodate and complement existing natural features that includes greenways and open space for the benefit of tenants of the district. The intent of the district is to offer single establishment or multi-establishment buildings in a location accessible to primary highways and arterials with proximity to other existing and/or planned office, commercial, industrial and institutional land use activities with utilities and superior road access.

(Res. No. 14-05-12, 5-27-14)

Sec. 25-392. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Manufacture, processing, fabrication, testing and/or assembly of products having characteristics similar to but not limited to: Scientific and precision instruments, photographic equipment, communication, energy, biotechnology, security, surveillance, computation equipment, drugs, medicines, pharmaceutical, household appliances, musical instruments, toys, novelties, sporting goods and athletic goods, boats, rubber and metal stamps, die-cut paperboard and cardboard, glass products made of purchased glass, pottery and ceramic products using only previously pulverized clay, electric lighting and wiring equipment, service industry machines, lithographic and printing processes, industrial controls, radio, consumer electronics, bags and containers, sanitary paper products, optical goods, electrical machinery, dairy products, feed and grain, baked and confectioners goods, farm machinery, fruit and vegetable processing, beverage processing and bottling, canning, medical instruments and devices, industrial tools and machines, construction and specialty vehicle equipment, transportation equipment.

(2)

Welding or machine shop, excluding punch presses exceeding forty-ton rated capacity, and drop hammers.

(3)

Manufacture, compounding, processing, packaging or treatment of articles or merchandise from the following previously prepared materials: Bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, clay, shale, stone, metals, shells, straw, textiles, tobacco, wood, yarn and paint.

(4)

Laboratories, engineering, research, testing and developmental facilities related to the manufacture, processing, fabrication and/or assembly of products permitted in the RAM district.

(5)

(6)

(7)

Conference or training center.

(8)

Commuter parking lot.

(9)

Bakery, commercial.

(10)

Workforce, technical and trade academy.

(11)

In addition to the accessory uses permitted in section 25-431(c) of this chapter, the following and similar accessory uses shall be permitted:

Non-public uses intended for the benefit of employees and guests of existing on-site primary permitted uses, such as but not limited to cafeterias, mailing services, concessions and the like.

Public uses which are primarily for the purpose of promoting the products and/or services of the primary permitted use, such as but not limited to gift shops, restaurants, stores and the like.

Agricultural uses accessory to on-site primary permitted uses, such as the use of land for purposes of raising plants useful to humans, including field crops, fruits, vegetables, sod, viticulture and silviculture, but not to include livestock.

(12)

Solar energy facility, minor-scale, roof-mounted.

(Res. No. 14-05-12, 5-27-14; Ord. of 5-23-23(2))

Sec. 25-393. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Telecommunication tower subject to the standards of section 25-441.

(2)

Water or sewerage treatment plant.

(3)

Utility substation.

(4)

Government buildings, functions.

(5)

Radio and TV broadcasting, relay station.

(6)

Heliport.

(7)

Hospital.

(8)

Welding or machine shop including punch presses exceeding forty-ton rated capacity and drop hammers.

(9)

Day care center

(10)

Recovered material processing facility.

(11)

Electric vehicle charging station, subject to the standards of section 25-448.

(12)

Solar energy facility, minor-scale, ground-mounted.

(Res. No. 14-05-12, 5-27-14; Res. No. 19-01-16, 1-22-19; Ord. of 5-23-23(1); Ord. of 5-23-23(2))

Sec. 25-394. - District requirements.

Minimum district area: Ten (10) acres, except that subject to special exception approval, minimum district size may be reduced to no less than five (5) acres.

(Res. No. 14-05-12, 5-27-14)

Sec. 25-395. - Lot requirements.

(a)

Minimum lot area: One (1) acre.

(b)

Minimum lot width: One hundred (100) feet.

(Res. No. 14-05-12, 5-27-14)

Sec. 25-396. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet.

(2)

Side: Twenty (20) feet. (Seventy-five (75) feet adjoining residential.)

(3)

Rear: Forty (40) feet. (Seventy-five (75) feet adjoining residential.)

(b)

Maximum density. Maximum floor area ratio: 0.50; impervious surfaces on any lot shall not exceed seventy (70) percent of the lot area.

(c)

(d)

Building height. Sixty (60) feet. Parapet walls are permitted up to four (4) feet above the maximum height. Buildings over sixty (60) feet in height may be permitted by the board of supervisors as a special exception where building setback is increased five (5) feet for each additional foot over sixty (60) feet plus such other conditions as the board of supervisors imposes.

(Res. No. 14-05-12, 5-27-14)

Sec. 25-397. - Use limitations.

(a)

Public water and sewer service. All development within the RAM district is required to be served by public or community water and sewer facilities which comply with current county and state health department standards.

(b)

Access. Lot access for RAM districts or lots shall not be provided through contiguous residential districts, residential areas of planned districts, or residential subdivisions in the A-1 or RR districts.

(c)

Indoor/outdoor operations. All testing and manufacturing operations must take place within a completely enclosed building, unless permission for outside operations is specifically granted by the board of supervisors as a special exception use.

(d)

Outdoor storage areas, areas for collection of refuse and loading areas shall be screened from adjacent structures, roads and traffic arteries with hedges, dense planting, earth berms, changes in grade and/or wall. Fences shall not be allowed for screening purposes. Wall materials shall match materials and colors used on the front exterior of the primary building.

(e)

All utility lines, electric, telephone, cable lines etc. shall be placed under ground.

(Res. No. 14-05-12, 5-27-14)

Botetourt County Unincorporated
City Zoning Code

ARTICLE II

- DISTRICT REGULATIONS GENERALLY

Sec. 25-71.- Purpose.

(Res. of 1-1-02, § 2-101)

Sec. 25-72. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Agriculture.

(2)

Agriculture, intensive, subject to standards of subsection 25-76(c).

(3)

Cemetery.

(4)

Church.

(5)

Dwelling, single-family.

(6)

Dwelling, accessory.

(7)

Group home.

(8)

Home occupation, subject to standards of section 25-435.

(9)

Mobile (manufactured) home, Class A or B, subject to standards of section 25-437.

(10)

Natural area.

(11)

Park, unlighted.

(12)

Playground, unlighted.

(13)

Sawmill, temporary.

(14)

Sawmill, small-scale.

(15)

School, public.

(16)

Telecommunications tower, attached, subject to standards of section 25-441.

(17)

Temporary family health care structure.

(18)

Temporary meteorological tower (MET), subject to standards of section 25-446(d).

(19)

Cabin or cottage, subject to standards of section 25-434.

(20)

Homestay, subject to standards of section 25-434.

(21)

Stable, commercial.

(22)

Solar energy facility, minor-scale, roof-mounted.

Sec. 25-73. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Airport, private.

(2)

Animal hospital.

(3)

Antique shop.

(4)

Assisted living facility.

(5)

Boardinghouse, subject to standards of section 25-434.

(6)

Bed and breakfast, subject to standards of section 25-434.

(7)

Campground.

(8)

Cabin or cottage, resort, subject to standards of section 25-434.

(9)

Civic club.

(10)

Community center.

(11)

Correctional facility, adult.

(12)

Correctional facility, juvenile.

(13)

Country club.

(14)

Crematorium and/or funeral home.

(15)

Day care center.

(16)

Fire, police and rescue stations.

(17)

General store.

(18)

Golf course.

(19)

Grain mill, feed mill.

(20)

Heliport.

(21)

Home business, subject to standards of section 25-435.

(22)

Home business, rural, subject to standards of section 25-435.

(23)

Hunting lodge, game preserve.

(24)

Junkyard, automobile graveyard.

(25)

Kennel, commercial.

(26)

Reserved.

(27)

Landfill.

(28)

Livestock market.

(29)

Medical care facility.

(30)

Nursery, production.

(31)

Nursery, retail (garden center).

(32)

Park and ride lot.

(33)

Park, lighted.

(34)

Pet farm.

(35)

Playground, lighted.

(36)

Public recycling collection points.

(37)

Public utility trunk lines, other (gas, electric, communications).

(38)

Public utility trunk lines, water or sewer.

(39)

Public utility plants, other (gas, electric, communications).

(40)

Public utility plants, water or sewer.

(41)

Public utility maintenance facility or storage yard.

(42)

Public utility substations (gas, electric, communications).

(43)

Recreational vehicle park, subject to standards of section 25-434.

(44)

Roadside stand.

(45)

Rural resort, subject to standards of section 25-434.

(46)

Rural retreat, subject to standards of section 25-434.

(47)

Sawmill.

(48)

School, private.

(49)

Shooting range.

(50)

Slaughterhouse, includes custom meat cutting, processing and sales.

(51)

Special events facility.

(52)

Reserved.

(53)

Storage yard.

(54)

Structures, non-residential, totaling in excess of twenty thousand (20,000) gross square feet, but not greater than thirty-nine thousand nine hundred ninety-nine (39,999) gross square feet.

(55)

Telecommunications tower, free-standing, subject to standards of section 25-441.

(56)

Temporary meteorological tower (MET), subject to standards of section 25-446(e).

(57)

Wind energy system, utility-scale, subject to standards of section 25-446.

(58)

(59)

Solar energy facility, minor-scale, ground-mounted.

(60)

Solar energy facility, utility-scale.

Sec. 25-74. - Lot requirements.

(a)

Conventional development option.

(1)

(2)

Maximum lot coverage. Fifteen (15) percent.

(3)

(4)

Minimum lot width. One hundred fifty (150) feet at the minimum setback line of front yard.

(5)

(b)

Cluster A-1 development option.

(1)

(2)

Minimum lot area (maximum net density).

Cluster lots: Nine thousand (9,000) square feet.

Conservation lots: Three (3) acres.

(3)

Maximum lot coverage.

Cluster lots: Fifty (50) percent.

Conservation lots: Twenty (20) percent.

(4)

Lot access.

Pipestem lots. Cluster lots may be pipestem lots as defined herein, subject to approval by the planning commission in conjunction with preliminary plat.

Conservation lots. Any conservation lot may be a pipestem lot.

(5)

Minimum lot width.

Cluster lots. Seventy (70) feet at the minimum setback line of front yard.

(6)

Conservation lots, as defined herein.

Open space owned and maintained by a public entity acceptable to the board of supervisors.

Open space owned and maintained by a homeowner's association.

(Res. of 1-1-02, § 2-104; Res. No. 17-11-09, 11-28-17; Res. No. 20-05-09, 5-26-20)

Sec. 25-75. - Building requirements.

(a)

Conventional A-1 Development Option.

(1)

Minimum yards (building setbacks).

Front: Sixty (60) feet.

Rear: Thirty (30) feet.

Side: Twenty (20) feet

Accessory buildings: Fifteen (15) feet from a side or rear lot line; not permitted in front yard setback.

(2)

(b)

Cluster A-1 development option.

(1)

Minimum yards.

Front.

For cluster lots: Twenty-five (25) feet.

For conservation lots: Forty (40) feet.

Side.

For cluster lots: Ten (10) feet.

For conservation lots: Twenty (20) feet.

Rear.

For cluster lots: Thirty-five (35) feet.

For conservation lots: Forty (40) feet.

Accessory buildings. Fifteen (15) feet from a side or rear lot line; not permitted in front yard setback.

(2)

(Res. of 1-1-02, § 2-105; Res. No. 11-10-10, 10-25-11; Res. No. 17-11-09, 11-28-17; Res. No. 20-05-09, 5-26-20)

Sec. 25-76. - Use limitations.

(a)

(b)

(1)

When a water or sewer service distribution/collection line is located within three hundred (300) feet of an existing lot, such lot may be connected to that distribution line.

(2)

(3)

The design of all pipes, pumps, and other elements of community water or sewer systems must meet the design standards of the Western Virginia Water Authority.

(c)

Intensive agriculture on small lots. Intensive agricultural activities are not permitted on lots of less than five (5) acres where the primary use of the lot is residential.

(Res. of 1-1-02, § 2-106; Res. No. 20-05-09, 5-26-20)

Sec. 25-91.- Purpose.

(Res. of 1-1-02, § 2-201)

Sec. 25-92. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Agriculture.

(2)

Dwelling, single-family.

(3)

Dwelling, accessory.

(4)

Group home.

(5)

Home occupation, subject to standards of section 25-435.

(6)

Mobile home, Class A or B, subject to standards of section 25-437.

(7)

Natural area.

(8)

Park, unlighted.

(9)

Playground, unlighted.

(10)

Sawmill, temporary.

(11)

Sawmill, small-scale.

(12)

Telecommunications tower, attached, subject to standards of section 25-441.

(13)

Temporary family health care structure.

(14)

Temporary meteorological tower (MET), subject to standards of section 25-446(d).

(15)

Cabin or cottage, subject to standards of section 25-434.

(16)

Homestay, subject to standards of section 25-434.

(17)

Stable, commercial.

(18)

Solar energy facility, minor-scale, roof-mounted.

Sec. 25-93. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Airport, private.

(2)

Bed and breakfast, subject to standards of section 25-434.

(3)

Campground.

(4)

Cabin or cottage, resort, subject to standards of section 25-434.

(5)

Commercial kennel.

(6)

Church.

(7)

Exploratory activities for extractive industries.

(8)

Extractive industries and accessory uses.

(9)

Golf course.

(10)

Home business, subject to standards of section 25-435.

(11)

Home business, rural, subject to standards of section 25-435.

(12)

Hunting lodge, game preserve.

(13)

Hydrodam generating facilities.

(14)

Reserved.

(15)

Roadside stand.

(16)

Rural retreat, subject to standards of section 25-434.

(17)

Rural resort, subject to standards of section 25-434.

(18)

Sawmill.

(19)

Shooting range.

(20)

Special events facility.

(21)

Reserved.

(22)

Structures, non-residential, totaling in excess of twenty thousand (20,000) gross square feet, but not greater than thirty-nine thousand nine hundred ninety-nine (39,999) gross square feet.

(23)

Telecommunications tower, freestanding, subject to the standards of section 25-441.

(24)

Public utility trunk lines, other (gas, electric, communications).

(25)

Public utility trunk lines, water or sewer.

(26)

Public utility plants, other (gas, electric, communications).

(27)

Public utility plants, water or sewer.

(28)

Public utility maintenance facility or storage yard.

(29)

Public utility substations (gas, electric, communications).

(30)

Temporary meteorological tower (MET), subject to standards of section 25-446(e).

(31)

Wind energy systems, utility-scale, subject to standards of section 25-446.

(32)

Boardinghouse, subject to standards of section 25-434.

(33)

Recreational vehicle park, subject to standards of section 25-434.

(34)

Structures in excess of forty (40) feet, as provided for in section 25-95(b), unless otherwise exempted as provided for in section 25-15(b).

Sec. 25-94. - Lot requirements.

(a)

(b)

Maximum gross density: One dwelling per five (5) acres.

(c)

Maximum lot coverage: Ten (10) percent.

(d)

(e)

Minimum lot width: Two hundred (200) feet at the minimum setback line of the front yard.

(Res. of 1-1-02, § 2-204)

Sec. 25-95. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet

(2)

Side: Twenty (20) feet

(3)

Rear: Forty (40) feet

(4)

Accessory buildings. Fifteen (15) feet from a side or rear lot line; not permitted in front yard setback.

All lots existing prior to the adoption of this chapter shall be regulated by the prior setback requirements for the district in force at the time of adoption of this chapter. (section 25-39)

(b)

(Res. of 1-1-02, § 2-205; Res. No. 17-11-09, 11-28-17)

Sec. 25-96. - Use limitations.

(a)

Individual septic systems. All lots shall meet health department requirements for individual wastewater disposal.

(b)

(1)

When a water or sewer service distribution/collection line is located within three hundred (300) feet of an existing lot, such lot may be connected to that distribution line.

(2)

(3)

The design of all pipes, pumps, and other elements of community water or sewer systems must meet the design standards of the county and state health department.

(Res. of 1-1-02, § 2-206)

Sec. 25-111.- Purpose.

Land in this district may be served with public water or wastewater in suitable locations, in accord with the county's comprehensive plan.

(Res. of 1-1-02, § 2-301)

Sec. 25-112. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Agriculture, limited.

(2)

Reserved.

(3)

Cemetery.

(4)

Church.

(5)

Dwelling, single-family.

(6)

[Reserved].

(7)

Group home.

(8)

Home occupation, subject to standards of section 25-435.

(9)

Natural area.

(10)

Park, unlighted.

(11)

Playground, unlighted.

(12)

Telecommunications tower, attached, subject to the standards of section 25-441.

(13)

Temporary family health care structure.

(14)

Cabin or cottage, subject to standards of section 25-434.

(15)

Home agriculture.

(16)

Solar energy facility, minor-scale, roof-mounted.

Sec. 25-113. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Bed and breakfast, subject to standards in section 25-434.

(2)

Civic club.

(3)

Country club.

(4)

Fire, police and rescue stations.

(5)

Golf course.

(6)

Home business, subject to standards of section 25-435.

(7)

Hunting lodge, game preserve.

(8)

Reserved.

(9)

Mobile (manufactured) home, Class A or B, subject to section 25-437.

(10)

Park, lighted.

(11)

Playground, lighted.

(12)

Public recycling collection points.

(13)

Public utility trunk lines, other (gas, electric, communications).

(14)

Public utility trunk lines, water or sewer.

(15)

Public utility plants, other (gas, electric, communications).

(16)

Public utility plants, water or sewer.

(17)

Public utility substations (gas, electric, communications).

(18)

Stable, commercial.

(19)

Structures, non-residential, totaling in excess of twenty thousand (20,000) gross square feet, but not greater than thirty-nine thousand nine hundred ninety-nine (39,999) gross square feet.

(20)

Structures over sixty-five (65) feet in height.

(21)

Telecommunications tower, freestanding, subject to section 25-411.

(22)

Reserved.

(23)

Cabin or cottage, resort, subject to standards of section 25-434.

(24)

Boardinghouse, subject to standards of section 25-434.

(25)

Structures in excess of forty (40) feet, as provided for in section 25-115(b), unless otherwise provided for in this chapter or as exempted as provided for in section 25-15(b).

Sec. 25-114. - Lot requirements.

(a)

Minimum lot area:

(1)

(2)

When served by either public (community) water or sewer: One and one-quarter (1.25) acres.

(3)

When served by both public (community) water and sewer: One (1.0) acre.

(b)

Minimum lot width. One hundred twenty-five (125) feet at the minimum setback line of front yard.

(c)

Maximum lot coverage: Twenty (20) percent total for all principal and accessory buildings and seven (7) percent for accessory buildings.

(d)

(Res. of 1-1-02, § 2-304; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-115. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet.

(2)

Side: Twenty (20) feet.

(3)

Rear: Thirty (30) feet.

(b)

Accessory buildings. Five (5) feet from a side or rear lot line; not permitted in front yards.

(Res. of 1-1-02, § 2-305; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-121.- Purpose.

(Res. of 1-1-02, § 2-401)

Sec. 25-122. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Church.

(2)

Dwelling, single-family detached.

(3)

Group home.

(4)

Home occupation, subject to standards of section 25-435.

(5)

Park, unlighted.

(6)

Playground, unlighted.

(7)

School, public.

(8)

Telecommunications tower, attached, subject to the standards of section 25-441.

(9)

Temporary family health care structure.

(10)

Home agriculture.

(11)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-402; Res. No. 11-10-10, 10-25-11; Res. No. 18-11-11, 11-27-18; Ord. of 5-23-23(2))

Sec. 25-123. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Community center.

(2)

Country club.

(3)

Day care center.

(4)

Dwelling, accessory.

(5)

Fire, police and rescue stations.

(6)

Golf course.

(7)

Park, lighted.

(8)

Playground, lighted.

(9)

Public recycling collection points.

(10)

Public utility trunk lines, other (gas, electric, communications).

(11)

Public utility trunk lines, water or sewer.

(12)

Public utility plants, other (gas, electric, communications).

(13)

Public utility plants, water or sewer.

(14)

Public utility substations (gas, electric, communications).

(15)

School, private.

(16)

Reserved.

(17)

Bed and breakfast, subject to standards of section 25-434.

(18)

Cabin or cottage, subject to standards of section 25-434.

(19)

Homestay, subject to standards of section 25-434.

(20)

Structures in excess of the maximum height, as provided for in section 25-125(b), unless otherwise exempted as provided for in section 25-15(b).

Sec. 25-124. - Lot requirements.

(a)

Conventional R-1 development option.

(1)

Minimum lot area: Twenty thousand (20,000) square feet.

(2)

Reserved.

(3)

Maximum lot coverage: Twenty (20) percent total for all principal and accessory buildings and seven (7) percent for accessory buildings.

(4)

(5)

Minimum lot width. One hundred (100) feet at the minimum setback line of front yard.

(b)

Cluster R-1 development option.

(1)

Minimum lot area.

Cluster lots: Eight thousand (8,000) square feet.

Conservation lots: Three (3) acres.

(2)

Maximum gross density: One (1) dwelling per twenty thousand (20,000) square feet.

(3)

Maximum lot coverage: Fifty (50) percent total for all principal and accessory buildings and seven (7) percent for accessory buildings.

(4)

Lot access. Cluster lots shall be accessed from a new public road, constructed to standards suitable for acceptance into the Virginia Department of Transportation (VDOT) system.

(5)

Minimum lot width.

For cluster lots, sixty (60) feet at the minimum setback line of the front yard.

For conservation lots fronting on public roads, one hundred sixty-five (165) feet at the minimum setback line of the front yard.

(6)

Conservation lots, as defined herein.

Open space owned and maintained by a public entity acceptable to the board of supervisors.

Open space owned and maintained by a homeowner's association.

(Res. of 1-1-02, § 2-404; Res. No. 17-11-09, 11-28-17; Res. No. 20-05-09, 5-26-20; Res. of 12-21-21)

Sec. 25-125. - Building requirements.

(a)

Conventional R-1 development option.

(1)

Minimum yards.

Front: Thirty-five (35) feet.

Side: Fifteen (15) feet.

Rear: Twenty-five (25) feet.

Accessory buildings.

Not closer than five (5) feet to a side or rear lot line; not permitted in front yards.

All lots existing prior to the adoption of this chapter shall be regulated by the prior setback requirements for the district in force at the time of adoption of this chapter.

(b)

Maximum height of buildings and structures.

(1)

Dwellings, single-family detached: thirty-five (35) feet.

(2)

Churches and schools: Sixty (60) feet.

(3)

Other: Thirty-five (35) feet.

(4)

(c)

Cluster R-1 development option.

(1)

Minimum yards.

Front.

For cluster lots: Twenty-five (25) feet, except fifteen (15) feet when drive access is only provided from a secondary private alley.

For conservation lots: Forty (40) feet.

Side.

For cluster lots: Ten (10) feet.

For conservation lots: Twenty (20) feet.

Rear.

For cluster lots: Twenty-five (25) feet.

For conservation lots: Forty (40) feet.

Accessory buildings.

Not closer than five (5) feet to a side or rear lot line; not permitted in front yards.

(Res. of 1-1-02, § 2-405; Res. No. 11-10-10, 10-25-11; Res. No. 17-11-09, 11-28-17; Res. No. 20-05-09, 5-26-20; Res. of 12-21-21)

Sec. 25-126. - Use limitations.

(Res. of 1-1-02, § 2-406; Res. No. 17-11-09, 11-28-17; Res. No. 20-05-09, 5-26-20)

Sec. 25-141.- Purpose.

The Residential District R-2 is established to provide residential opportunities at a higher density than R-1, but yet in a quiet residential character with a mix of different residential types.

(Res. of 1-1-02, § 2-501)

Sec. 25-142. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Church.

(2)

Dwelling, single-family detached.

(3)

Dwelling, duplex.

(4)

Group home.

(5)

Home occupation, subject to standards of section 25-435.

(6)

Library.

(7)

Park, unlighted.

(8)

Playground, unlighted.

(9)

School, public.

(10)

Telecommunications tower, attached, subject to the standards of section 25-441.

(11)

Temporary family health care structure.

(12)

Home agriculture.

(13)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-502; Res. No. 11-10-10, 10-25-11; Res. No. 18-11-11, 11-27-18; Ord. of 5-23-23(2))

Sec. 25-143. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Community center.

(2)

Country club.

(3)

Day care center.

(4)

Fire, police and rescue stations.

(5)

Golf course.

(6)

Park, lighted.

(7)

Playground, lighted.

(8)

Public recycling collection points.

(9)

Public utility trunk lines, other (gas, electric, communications).

(10)

Public utility trunk lines, water or sewer.

(11)

Public utility plants, other (gas, electric, communications).

(12)

Public utility plants, water or sewer.

(13)

Public utility substations (gas, electric, communications).

(14)

School, private.

(15)

Senior housing facility.

(16)

Senior assisted living facility.

(17)

Nursing home/life care facility.

(18)

Reserved.

(19)

Bed and breakfast, subject to standards of section 25-434.

(20)

Cabin or cottage, subject to standards of section 25-434.

(21)

Homestay, subject to standards of section 25-434.

(22)

Structures in excess of the maximum height, as provided for in section 25-145(b), unless otherwise provided for in this chapter or as exempted as provided for in section 25-15(b).

Sec. 25-144. - Lot requirements.

(a)

Minimum lot area:

(1)

Single-family detached: Seventeen thousand five hundred (17,500) square feet.

(2)

Duplex: Twelve thousand (12,000) square feet for a lot that contains only one dwelling unit; twenty-four thousand (24,000) square feet for a single lot that contains two (2) dwelling units.

(3)

Other uses: Twenty thousand (20,000) square feet.

(b)

Reserved.

(c)

Maximum lot coverage: Twenty (20) percent total for all principal and accessory buildings and seven (7) percent for accessory buildings.

(d)

(e)

Minimum lot width.

(1)

Eighty (80) feet at the minimum front setback line.

(2)

Reserved.

(3)

For duplex lots, one hundred twenty (120) feet for a lot that contains two (2) dwellings; sixty (60) feet for a lot that contains one (1) dwelling.

(Res. of 1-1-02, § 2-504; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-145. - Building requirements.

(a)

Minimum yards.

(1)

Front: Thirty-five (35) feet.

(2)

Side: Fifteen (15) feet.

(3)

Rear: Twenty-five (25) feet.

(4)

Accessory buildings.

Not closer than five (5) feet to a side or rear lot line; not permitted in front yards.

All lots existing prior to the adoption of this chapter shall be regulated by the prior setback requirements for the district in force at the time of adoption of this chapter.

(b)

Maximum height of buildings and structures.

(1)

Dwellings, single-family detached and duplex: Thirty-five (35) feet.

(2)

Churches, libraries and schools: Sixty (60) feet.

(3)

Other: Thirty-five (35) feet.

(4)

(Res. of 1-1-02, § 2-505; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-146. - Use limitations.

(Res. of 1-1-02, § 2-506)

Sec. 25-161.- Purpose.

(Res. of 1-1-02, § 2-601; Res. No. 17-11-09, 11-28-17)

Sec. 25-162. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Church.

(2)

Dwelling, single-family detached.

(3)

Dwelling, duplex.

(4)

Dwelling, zero lot line.

(5)

Dwelling, single family attached, up to six (6.0) dwellings per net acre.

(6)

Reserved.

(7)

Group home.

(8)

Home occupation, subject to standards of section 25-435.

(9)

Library.

(10)

Park, unlighted.

(11)

Playground, unlighted.

(12)

School, public.

(13)

Telecommunications tower, attached, subject to the standards of section 25-441.

(14)

Temporary family health care structure.

(15)

Home agriculture.

(16)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-602; Res. No. 11-10-10, 10-25-11; Res. No. 17-11-09, 11-28-17; Res. No. 18-11-11, 11-27-18; Ord. of 5-23-23(2))

Sec. 25-163. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Community center.

(2)

Country club.

(3)

Day care center.

(4)

Reserved.

(5)

Reserved.

(6)

Fire, police and rescue stations.

(7)

Funeral home.

(8)

Golf course.

(9)

Medical care facility.

(10)

Mobile home park, subject to standards of section 25-437.

(11)

Nursing home/life care facility.

(12)

Park, lighted.

(13)

Playground, lighted.

(14)

Public recycling collection points.

(15)

Public utility trunk lines, other (gas, electric, communications).

(16)

Public utility trunk lines, water or sewer.

(17)

Public utility plants, other (gas, electric, communications).

(18)

Public utility plants, water or sewer.

(19)

Public utility substations (gas, electric, communications).

(20)

School, private.

(21)

Senior housing facility.

(22)

Senior assisted living facility.

(23)

Reserved.

(24)

Private roads—R-3 use district.

(25)

Bed and breakfast, subject to standards of section 25-434.

(26)

Cabin or cottage, subject to standards of section 25-434.

(27)

Homestay, subject to standards of section 25-434.

(28)

Boardinghouse, subject to standards of section 25-434.

(29)

Structures in excess of the maximum height, as provided for in section 25-165(7), unless otherwise provided for in this chapter or as exempted as provided for in section 25-15(b).

(31)

Cabin or cottage resort.

(32)

Solar energy facility, minor-scale, ground-mounted.

Sec. 25-164. - Lot requirements.

(a)

Minimum lot area.

(1)

For single-family detached dwelling units: Fifteen thousand (15,000) square feet.

(2)

For duplex dwelling units: Nine thousand (9,000) square feet per dwelling; eighteen thousand (18,000) square feet if the two (2) dwelling units share a single lot.

(3)

For zero lot line dwelling units: Nine thousand (9,000) square feet.

(4)

For single-family attached dwelling units: A minimum of one (1) acre is required in any single-family attached development. Two thousand (2,000) square feet per individual dwelling unit.

(5)

Other uses: Forty thousand (40,000) square feet.

(b)

Maximum density.

(1)

For single-family attached dwelling units: Six (6.0) dwellings per net acre.

(c)

(d)

(e)

Minimum lot width.

(1)

Single-family detached dwelling units: Sixty-five (65) feet at the minimum setback line of the front yard.

(2)

Duplex dwelling units: Sixty (60) feet at the minimum setback line of the front yard; ninety (90) feet minimum if the two (2) dwellings share a single lot.

(3)

Zero lot line dwelling units: Sixty (60) feet at the minimum setback line of the front yard.

(4)

Single-family attached dwelling units: Twenty-four (24) feet at the minimum setback line of the front yard.

(Res. of 1-1-02, § 2-604; Res. No. 14-05-20, 5-27-14; Res. No. 16-05-26, 5-24-16; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-165. - Building requirements; minimum yards.

(1)

Single-family detached dwelling units.

Front: Twenty-five (25) feet.

Side: Ten (10) feet.

Rear: Twenty-five (25) feet.

(2)

Duplex dwelling units.

Front: Twenty-five (25) feet.

Side:

When the lot line splits the structure: Twenty (20) feet on one side.

When the two (2) dwellings share a single lot: Twenty (20) feet.

Rear: Twenty-five (25) feet.

(3)

Zero lot line dwelling units.

Front: Twenty-five (25) feet.

Side: Twenty (20) on the open side.

Rear: Twenty-five (25) feet.

(4)

Single-family attached dwelling units.

Front: Twenty (20) feet; not more than seventy (70) percent of front yard shall be devoted to parking areas.

Corner: Twenty (20) feet.

Rear: Twenty (20) feet.

Groups of dwelling units.

A minimum of six (6) dwelling units are required in any single-family attached development.

The front facades of individual townhouse units shall be offset from adjoining units by a minimum of two (2) feet.

(5)

Other uses.

Front: Fifty (50) feet.

Side: Twenty-five (25) feet.

Rear: Twenty-five (25) feet.

(6)

Accessory buildings.

Five (5) feet from a side or rear lot line; not permitted in front yards.

(7)

Maximum height of buildings and structures

Dwellings, single-family detached, attached, duplex and zero lot line: Thirty-five (35) feet.

Churches, libraries and schools: Sixty (60) feet.

Other uses: Thirty-five (35) feet.

(Res. of 1-1-02, § 2-605; Res. No. 14-05-19, 5-27-14; Res. No. 14-05-20, 5-27-14; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-166. - Use limitations.

(a)

(b)

Minimum common open space. Any tract of land zoned R-3 which is developed with any number of single-family attached dwelling units:

(1)

(2)

(3)

All active recreation space shall be suitably graded and equipped for active recreational facilities to serve the residents of the development.

(4)

All passive recreation space shall be located to preserve important site amenities and environmentally sensitive areas.

(5)

(Res. of 1-1-02, § 2-606; Res. No. 17-11-09, 11-28-17)

Sec. 25-167.- Purpose.

(Res. No. 17-11-09, 11-28-17)

Sec. 25-168. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Church.

(2)

Dwelling, single family attached, up to six (6.0) dwelling units per net acre.

(3)

Dwelling, multi-family, up to eight (8.0) dwelling units per acre.

(4)

Group home.

(5)

Home occupation, subject to standards of section 25-435.

(6)

Library.

(7)

Park, unlighted.

(8)

Playground, unlighted.

(9)

School, public.

(10)

Telecommunications tower, attached, subject to the standards of section 25-441.

(11)

Solar energy facility, minor-scale, roof-mounted.

(Res. No. 17-11-09, 11-28-17; Ord. of 5-23-23(2))

Sec. 25-169. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Community center.

(2)

Country club.

(3)

Day care center.

(4)

Dwelling, single-family attached, up to twelve (12) dwelling units per net acre.

(5)

Dwelling, multi-family, up to twenty-four (24) dwelling units per acre.

(6)

Fire, police and rescue stations.

(7)

Nursing home/life care facility.

(8)

Park, lighted.

(9)

Playground, lighted.

(10)

Public utility trunk lines, other (gas, electric, communications).

(11)

Public utility trunk lines, water or sewer.

(12)

Public utility plants, other (gas, electric, communications).

(13)

Public utility plants, water or sewer.

(14)

Public utility substations (gas, electric, communications).

(15)

Public recycling collection points.

(16)

School, private.

(17)

Senior housing facility.

(18)

Senior assisted living facility.

(19)

Reserved.

(20)

Private roads—R-4 use district.

(21)

Structures in excess of the maximum height, as provided for in section 25-171(5)(e), unless otherwise provided for in this chapter or as exempted as provided for in section 25-15(b).

(22)

Electric vehicle charging station, subject to the standards of section 25-448.

(23)

Solar energy facility, minor-scale, ground-mounted.

(Res. No. 17-11-09, 11-28-17; Res. No. 19-01-16, 1-22-19; Res. of 12-21-21; Ord. of 5-23-23(1); Ord. of 5-23-23(2))

Sec. 25-170. - Lot requirements.

(a)

Minimum lot area.

(1)

For single-family attached dwellings: A minimum of two (2) acres are required in any single-family attached development. Two thousand (2,000) square feet per individual dwelling unit.

(2)

For multi-family dwellings: Two (2) acres.

(3)

Other uses: Eighty thousand (80,000) square feet.

(b)

Maximum density.

(1)

By right:

For single-family attached dwellings: Six (6.0) dwellings per net acre.

For multi-family dwellings: Eight (8.0) dwellings per acre.

(2)

By special exception:

For single-family attached dwellings: Twelve (12.0) dwellings per acre.

For multi-family dwellings: Twenty-four (24.0) dwellings per acre.

(c)

(d)

(e)

Minimum lot width.

One hundred (100) feet.

Single-family attached dwellings: Twenty-four (24) feet at the minimum setback line of the front yard.

(Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-171. - Building requirements; minimum yards.

(1)

Single-family attached dwellings.

Front: Twenty (20) feet; not more than seventy (70) percent of front yard shall be devoted to parking areas.

Corner: Twenty (20) feet.

Rear: Twenty (20) feet.

Groups of dwelling units.

A minimum of twelve (12) dwelling units are required in any single-family attached development.

The front facades of individual dwelling units shall be offset from adjoining units by a minimum of two (2) feet.

(2)

Multi-family structures.

Front: Fifty (50) feet.

Side: Twenty-five (25) feet; multi-family structures shall be separated a minimum of twenty-five (25) feet.

Rear: Twenty-five (25) feet.

(3)

Other Uses.

Front: Fifty (50) feet.

Side: Twenty-five (25) feet.

Rear: Twenty-five (25) feet.

(4)

Accessory buildings.

Five (5) feet from a side or rear lot line; not permitted in front yards.

(5)

Maximum height of buildings and structures.

Dwellings, single-family attached: Thirty-five (35) feet.

Dwellings, multi-family: Forty-five (45) feet.

Churches, libraries and schools: Sixty (60) feet.

Other uses: Thirty-five (35) feet.

(Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-172. - Use limitations.

(a)

(b)

Minimum common open space. Any tract of land zoned R-4 which is developed with any number of single-family attached or multi-family dwellings:

(1)

Minimum ten (10) percent of the gross acreage of the tract shall be preserved as permanent, common open space. A minimum of fifty (50) percent of required common open space shall be developed with active recreation and/or passive recreational uses, such as, useable green space, pedestrian trails, public greenway trails, sidewalks; that are not located in public rights-of-way, swimming pools, tennis courts, dog parks, playgrounds and any similar uses at the sole discretion of the Zoning Administrator.

(2)

(3)

All active recreation space shall be suitably graded and equipped for active recreational facilities to serve the residents of the development.

(4)

All passive recreational space shall be located to preserve important site amenities and environmentally sensitive areas.

(5)

(Res. No. 17-11-09, 11-28-17)

Sec. 25-181.- Purpose.

(Res. of 1-1-02, § 2-701; Amd. of 10-28-08(1))

Sec. 25-182. - Permitted uses.

The following uses are permitted in PUD districts:

(1)

Single-family detached dwelling.

(2)

Single-family attached dwelling.

(3)

Duplex dwellings.

(4)

Multi-family dwelling.

(5)

Church.

(6)

School, public.

(7)

Parks, playgrounds, community centers and noncommercial recreational facilities, such as golf courses and tennis courts.

(8)

Neighborhood commercial retail and office uses that meet local shopping and business service needs.

(9)

Public utilities.

(10)

Accessory uses and structures clearly subordinate and incidental to the permitted principal uses and structures.

(11)

Home occupation, subject to standards of Section 25-435.

(12)

Temporary family health care structure.

(13)

Dwelling, mixed use.

(14)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-702; Amd. of 10-28-08(1); Res. No. 11-10-10, 10-25-11; Res. No. 16-12-15, 12-22-16; Ord. of 5-23-23(2))

Sec. 25-183. - Uses permissible by special exception.

Uses permitted by special exception in PUD districts:

(1)

Community center.

(2)

Country club.

(3)

Day care center.

(4)

Dwelling, accessory.

(5)

Fire, police and rescue station.

(6)

Golf course.

(7)

Park, lighted.

(8)

Playground, lighted.

(9)

Public utility trunk lines, other (gas, electric, communications).

(10)

Public utility trunk lines, water or sewer.

(11)

Public utility plants, other (gas, electric, communications).

(12)

Public utility plants, water or sewer.

(13)

Public utility substations (gas, electric, communications).

(14)

Public recycling collection points.

(15)

School, private.

(16)

Senior housing facility.

(17)

Senior assisted living facility.

(18)

Private roads.

(19)

Bed and breakfast, subject to standards of section 25-434.

(20)

Cabin or cottage, resort, subject to standards of section 25-434.

(21)

Boardinghouse, subject to standards of section 25-434.

(22)

Cabin or cottage, subject to standards of section 25-434.

(23)

Electric vehicle charging station, subject to the standards of section 25-448.

Sec. 25-184. - District requirements and allowable density.

(a)

(b)

A planned unit development may have a total, overall density of up to seven (7) units per net acre. Maximum internal densities for dwelling types are:

(1)

For multifamily: Sixteen (16) units per net acre.

(2)

For single-family attached: Eight (8) units per net acre.

(3)

For duplexes: Six (6) units per net acre.

(4)

For single-family detached: Four (4) units per net acre.

(5)

For dwelling, mixed use: No limit per net acre.

(Res. of 1-1-02, § 2-704; Amd. of 10-28-08(1); Res. No. 16-12-15, 12-22-16)

Sec. 25-185. - Lot requirements.

(a)

Single-family detached dwellings shall be on lots with minimum area of not less than eight thousand (8,000) square feet.

(b)

Duplex dwellings shall be on lots with a minimum area of not less than six thousand (6,000) square feet. Each lot shall have only one dwelling.

(c)

Single-family attached dwellings shall be on lots with a minimum area of not less than two thousand (2,000) square feet.

(d)

Multi-family detached dwellings shall be on lots with a minimum area of not less than forty thousand (40,000) square feet.

(e)

Maximum lot coverage is sixty (60) percent for structures and seventy-five (75) percent for impervious surfaces.

(f)

Minimum lot width and depth shall be as shown on the approved final development plan.

(g)

Maximum length to width ratio for each lot must not exceed 5 to 1.

(Res. of 1-1-02, § 2-705; Amd. of 10-28-08(1))

Sec. 25-186. - Building requirements.

Yard and setback requirements shall be as shown on the final approved development plan for each type of residential dwelling and for non-residential uses.

(Res. of 1-1-02, § 2-706; Amd. of 10-28-08(1))

Sec. 25-187. - Use limitations.

(a)

Availability of public services.

(1)

(2)

(3)

Provision of utilities and public facilities. The applicant shall:

Construct the utilities and facilities necessary to meet the county's standards for service delivery for the district.

(b)

Nonresidential uses.

(1)

Scale of commercial development. Commercial development serving the PUD district shall be allowed up to a maximum of no more than ten (10) percent of the total gross area in the PUD.

(2)

(c)

(d)

(Res. of 1-1-02, § 2-707; Amd. of 10-28-08(1); Res. No. 16-12-15, 12-22-16)

Sec. 25-188. - Special review procedures.

(a)

(b)

(c)

(1)

(2)

(3)

(4)

The existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines.

(5)

A general landscape plan indicating the treatment of materials used for private and common open spaces.

(6)

(7)

The proposed treatment of the perimeter of the PUD, including distances, materials and techniques used, such as screens, fences and walls.

(8)

(9)

Written documents, including the following:

A development schedule and/or precedence order indicating when construction of the PUD or stages of the PUD can be expected to begin and be completed.

(d)

Final development plan.

(1)

(2)

(3)

A change in the use or character of the development.

An increase in overall coverage of structures.

An increase in the intensity of use.

An increase in the loading on roadways or public utilities.

A reduction in approved open space.

(e)

(1)

(2)

(Res. of 1-1-02, § 2-708; Amd. of 10-28-08(1))

Sec. 25-201.- Purpose.

In addition to the purposes listed above, objectives of these traditional neighborhood development provisions are to:

• Allow residents to carry out many of life's activities within their neighborhood, including working, shopping, education and recreation.

• Provide a range and mix of retail, office, residential, and civic land uses, and dwelling types.

• Provide a transportation system that provides safe, comfortable and convenient movement for all forms of traffic, including motor vehicles, pedestrians and bicycles.

• Provide a system of civic spaces including parks, squares and public structures to create a sense of community.

• Avoid the common features of conventional, suburban development patterns, which include:

- Buildings spaced far apart from each other, and set far back from the street and sidewalk,

- Parking lots located between buildings and the street,

- Garages prominent at the fronts of dwellings,

- Streets designed for high speed traffic which makes pedestrian movement uncomfortable and unsafe, and

- Open spaces that are "left over" areas at the edges of neighborhoods and are not framed by buildings.

(Res. of 1-1-02, § 2-801; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17)

Sec. 25-202. - Development plan required.

(a)

The location and extent of:

A single, mixed-use core area.

One (1) or more residential edge areas.

Any workplace areas.

Buffer areas.

(b)

The general location of all streets, alleys and parking areas in each area.

(c)

The maximum gross and net densities, as defined herein, including dwelling unit types and lot sizes, of residential uses in each area of the development and for the entire development.

(d)

The maximum gross square feet of commercial and industrial uses in each area of the development and for the entire development.

(e)

The minimum area of civic uses, including parks, greens, squares and other public sites.

(f)

The general design and layout of streets, utilities, and stormwater management facilities, including:

Drawings of typical street cross-sections

Schematic sections through the buildings that front the streets

Conceptual design for parking areas and streetscape features

Conceptual design of the stormwater management system

Conceptual layout of proposed lot pattern for subdivision

A survey of the overall project perimeter boundary.

(g)

Natural and other open space areas.

(h)

Design guidelines for typical lots, buildings and structures.

(i)

Adjacent land uses and adjacent zoning.

(j)

Vicinity maps at no less than 1 inch = 2,000 feet scale.

(k)

A conceptual phasing plan showing the location, sequence, and relative timing of development of land uses, streets and utilities, including:

Location, acreage, number, and unit type of residential dwellings for each phase

Location, number and type of non-residential acreage and building square feet for each phase

Location, amount and type of streets for each phase

Location, amount of sewer and water facilities for each phase

Location, size and type of stormwater management facilities for each phase

(l)

Upon approval of the development plan, it shall become part of the zoning regulations governing all land within the designated project area.

(Res. of 1-1-02, § 2-802; Res. No. 05-06-16, 6-28-05; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17)

Sec. 25-203. - Size and designated areas.

(a)

A TND shall contain at least seventy-five (75) acres of contiguous land, and no greater than three hundred (300) total acres.

(b)

(1)

(2)

(3)

(4)

(Res. of 1-1-02, § 2-803; Amd. of 10-28-08(2))

Sec. 25-204. - Permitted uses.

(a)

Permitted uses within the designated core area of a traditional neighborhood development:

All permitted residential and civic uses of the R-1, R-2, R-3, and R-4 districts, except home agriculture.

All permitted residential, commercial and civic uses of the B-1 and B-2 districts for which the floor plate of structures does not exceed twenty thousand (20,000) square feet, and except hospitals.

Accessory dwelling units on SFD lots.

Structured parking facilities.

Dwelling, mixed use.

Dwelling, cottage up to a maximum of ten (10) percent of the total dwelling units within the core area.

(b)

Permitted uses within the designated edge area of a traditional neighborhood development:

All permitted residential and civic uses of the R-1 and R-2 districts.

Accessory dwelling units on single-family detached dwelling lots.

(c)

Permitted uses within the designated workplace areas of a traditional neighborhood development:

All permitted residential, commercial and civic uses of the B-1 and B-2 districts for which the floor plate of structures does not exceed twenty thousand (20,000) square feet.

Dwelling, mixed use.

(Res. of 1-1-02, § 2-804; Amd. of 10-28-08(2); Res. No. 16-12-15, 12-22-16; Res. No. 17-04-16, 4-25-17; Res. No. 18-11-11, 11-27-18; Ord. of 7-17-23(1))

Sec. 25-205. - Uses permitted by special exception.

(a)

Uses permitted by special exception within the designated core area of a traditional neighborhood development:

All residential and civic uses permitted by special exception in the R-1, R-2 and R-3 districts, including private streets.

All commercial and civic uses permitted by special exception in the B-1 and B-2 districts.

Uses permitted by right in the B-3 district.

Any drive-through facility.

Any permitted use in the B-1 and B-2 districts for which the floor plate of structures exceeds twenty thousand (20,000) square feet.

(b)

Uses permitted by special exception within the designated edge area of a traditional neighborhood development:

All residential and civic uses permitted by special exception in the R-1 and R-2 districts, and private streets.

(c)

Uses permitted by special exception within the designated workplace areas of a traditional neighborhood development:

Uses permitted by right in the M-1 and B-3 districts, except any use for which the floor plate of structures exceeds fifty thousand (50,000) square feet.

All industrial, commercial and civic uses permitted by special exception in the B-1 and B-2 districts, except solid waste collection points or recycling drop off or processing centers.

Private streets.

(Res. of 1-1-02, § 2-805; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17)

Sec. 25-206. - Residential lot and building requirements.

The following requirements pertain to the total of all residential uses in the traditional neighborhood development district, whether in the core area or edge area.

(a)

Required area for residential uses.

Minimum: Fifty (50) percent of the gross development area.

Maximum: Eighty-five (85) percent of the gross development area.

The total gross area designated for residential use shall be not less than the total combined gross area designated for non-residential uses.

(b)

Minimum lot area for residential uses.

Single-family detached dwellings: Four thousand (4,000) square feet.

Duplex dwellings: Eight thousand (8,000) square feet.

Cottage dwellings: One thousand (1,000) square feet.

Single-family attached dwellings: One thousand six hundred (1,600) square feet minimum.

Maximum of eight (8.0) single-family attached dwelling units connected together in one (1) group of units.

Multi-family structures: one thousand one hundred (1,100) square feet per unit.

(c)

Minimum lot width for residential uses.

For lots fronting public roads existing on the date of adoption of this chapter, two hundred (200) feet at the minimum setback line of the front yard.

For lots fronting new roads in the TND:

Single-family detached dwellings: Forty (40) feet.

Duplex dwellings: Forty-four (44) feet.

Single-family attached dwellings: Sixteen (16) feet.

Multi-family structures: Seventy-two (72) feet.

Cottage dwellings: Twenty-four (24) feet.

(d)

Maximum lot coverage.

Single-family detached, cottage, duplex and single-family attached dwelling units: Eighty (80) percent.

Multi-family structures: Ninety (90) percent.

(e)

Required yards for residential uses.

Front.

Single-family detached and duplex dwellings:

Minimum: Zero (0) feet in the core area; ten (10) feet in the edge area.

Maximum: Fifteen (15) in the core area; twenty-five (25) feet in the edge area, except no maximum setback for any residential lot of twenty thousand (20,000) square feet or greater.

Single-family attached and multi-family dwellings:

Minimum: Zero (0) feet in the core area; ten (10) feet in the edge area.

Maximum: Fifteen (15) feet.

Cottage dwellings:

Minimum: Zero (0) feet.

Maximum: Fifteen (15) feet.

Side.

Single-family detached and duplex dwellings:

Minimum: A minimum of five (5) feet and not less than fifteen (15) feet for both sides combined.

Maximum: None.

Single-family attached and multi-family dwellings:

Minimum: Five (5) feet and not less than fifteen (15) feet for both sides combined.

Maximum: None.

Cottage dwellings:

Minimum: Five (5) feet.

Maximum: None.

Rear.

Single-family detached, cottage, and duplex dwellings:

Minimum: Six (6) feet.

Maximum: None.

Single-family attached and multi-family dwellings:

Minimum: Twenty-five (25) feet.

Maximum: None.

(Also refer to additional setback requirements pertaining to residential uses near intensive agricultural operations).

Accessory buildings and garages.

Not closer than five (5) feet to a side or rear lot line; not permitted in front yards.

(f)

Separation of structures. Groups of single-family attached dwellings and multi-family structures shall be separated from each other by a minimum of fifteen (15) feet.

(g)

(h)

(i)

(Res. of 1-1-02, § 2-806; Amd. of 10-28-08(2); Res. No. 16-12-15, 12-22-16; Res. No. 17-04-16, 4-25-17; Res. No. 18-08-14, 8-28-18; Ord. of 7-17-23(1))

Sec. 25-207. - Commercial and industrial lot and building requirements.

The following requirements pertain to all commercial and industrial uses in the traditional neighborhood development, whether in the core area or a workplace area.

(a)

Total area for commercial and industrial uses. The total area for commercial and industrial uses shall not exceed thirty (30) percent of the gross development area.

Commercial uses:

Minimum: Five (5) percent of the gross development area.

Maximum: Twenty-five (25) percent of the gross development area.

Industrial uses:

Minimum: None.

Maximum: Fifteen (15) percent of the gross development area.

The total gross development area designated for residential use shall be not less than the total combined gross development area designated for non-residential uses.

(b)

Minimum lot area for commercial uses.

Commercial lots: One thousand (1,000) square feet.

(c)

Minimum lot width for commercial uses.

For lots on new roads built within the TND:

Commercial lots: Twenty (20) feet at the minimum front setback line.

For lots on public roads existing on the date of adoption of this chapter:

Commercial lots: Two hundred (200) feet at the minimum front setback line.

(d)

Maximum lot coverage for commercial and industrial uses. Ninety (90) percent.

(e)

Required yards for commercial uses.

Front.

Minimum: None. A sidewalk of at least eight (8) feet shall be provided along all lot frontages in which the setback is less than fifteen (15) feet.

Side.

Minimum: None.

Rear.

Minimum: Six (6) feet.

Accessory buildings. Not closer than six (6) feet to a side or rear lot line; not permitted in front yards.

(f)

(g)

(h)

On-street parking must be provided along commercial street frontages. All off-street parking must comply with Article IV, Division 3 of the Zoning Ordinance with the exception of the following:

The minimum number of parking spaces for the following uses shall be:

Banks - 1.0 per 250 sq. ft. Gross Floor Area (GFA), plus stacking area and bypass lane for any drive-in facility;

Medical care facility - 1.0 per 250 sq. ft. GFA;

Office, General, Professional and Administrative - 1.0 per 250 sq. ft. GFA;

Restaurant, full service - 1 per 100 sq. ft. GFA, except 1 per 250 sq. ft. when located in a multi-tenant building greater than 20,000 sq. ft. GFA.

Retail Stores and Shops - 1.0 per 250 sq. ft. GFA.

At least one entrance to every commercial building must be provided to access at least one façade that is adjacent to a street that is internal to the TND.

Streets must be interconnected, in accord with section 25-210(a).

Curb extensions must be provided at major intersections to facilitate pedestrian crossings.

(i)

Other building and lot requirements for industrial uses. Such requirements will be established by the board of supervisors in conjunction with special exception approvals.

(Res. of 1-1-02, § 2-807; Res. No. 05-06-16, 6-28-05; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17; Res. No. 18-08-14, 8-28-18; Ord. of 7-17-23(1))

Sec. 25-208. - Civic use requirements.

The following requirements pertain to all civic uses in the traditional neighborhood development, whether in the core area, edge areas or workplace areas.

(a)

Total area for civic uses.

Minimum: Two (2) percent of the gross development area must be designated for civic uses as defined herein.

Maximum: None.

Public utility uses shall not be included in this required percentage.

Parks and other open space uses shall not be included in this required percentage.

Churches may account for not more than half of this requirement (one (1) percent of total gross development area).

(b)

Required yards for civic uses.

Front.

Minimum: None. A sidewalk of at least eight (8) feet shall be provided along all lot frontages in which the setback is less than fifteen (15) feet.

Side.

Minimum: None.

Rear.

Minimum: Thirty-five (35) feet when served by a rear alley; no rear setback required when the rear of the lot also functions as a primary access point for pedestrian traffic.

Accessory buildings. Not closer than ten (10) feet to a side or rear lot line; not permitted in front or side yards.

(Res. of 1-1-02, § 2-808; Amd. of 10-28-08(2))

Sec. 25-209. - Parks, squares and open space requirements.

(a)

Natural (undisturbed) open space shall count toward no greater than twenty (20) percent of the total required area for parks, squares or other open space uses.

This open space requirement may be met by open space land designated within any of the other land use areas (residential, commercial, industrial).

(b)

Minimum lot area for parks, squares and other open space uses.

In meeting the requirements of subsection 25-209(a), a park, square or open space area shall be at least ten thousand (10,000) square feet.

No residential dwelling unit of the neighborhood shall be located more than one thousand four hundred (1,400) feet from the boundary of a park, square or open space property.

(Res. of 1-1-02, § 2-809; Amd. of 10-28-08(2))

Sec. 25-210. - Streets, alleys, paths, blocks and parking.

(a)

Culs-de-sac shall not exceed twenty (20) percent of the total length of streets in the traditional neighborhood district. Alleys are exempted from this calculation.

(b)

(c)

The following street sections shall be used as appropriate to the land uses and densities of the proposed network:

Type of Street	Typical ADT*	Design Speed	Right-of-Way	Paving	Parking
Neighborhood Center Boulevard	> 3,000	30 mph	72 feet	Two lanes at 18 feet; 8 feet median	Two sides
Neighborhood Center Main Street	> 2,000	20 mph	64 feet	36 feet	Two sides
Neighborhood Center Avenue	1,000 to 2,000	20 mph	60 feet	34 feet	Two sides
Mixed Residential Street	< 1,000	20 mph	48 feet	28 feet	Two sides
Mixed Residential Lane	< 500	20 mph	46 feet	26 feet	Two sides
Mixed Residential Side Street	< 500	20 mph	28 feet	20 feet	None
Alley (Primary Access)	< 300	15 mph	20 feet	18 feet	None
Alley (Secondary Access)	< 500	15 mph	18 feet	14 feet	None

*Average daily traffic volume.

(d)

(e)

(f)

Bicycle traffic shall be accommodated through the provision of designated, well-marked bicycle lanes and/or paths suitable for bicycle traffic.

(g)

Parking. Parking and loading spaces shall be provided as required in section 25-471 except that on-street as well as off-street parking spaces shall be counted toward satisfying the requirements.

On-street parking spaces assigned to a building or use shall be those spaces that abut the lot containing that building or use. All required handicapped parking spaces shall be provided off-street.

Off-street loading spaces shall be located behind principal structures and may be served directly or indirectly by alleys.

(Res. of 1-1-02, § 2-810; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17; Ord. of 7-17-23(1))

Sec. 25-211. - Property owners association.

(a)

Design guidelines and procedures for review and approval of structures and site plans.

(Res. of 1-1-02, § 2-811; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17; Ord. of 7-17-23(1))

Sec. 25-212. - Use limitations.

(a)

Public water and sewer service. All development within a traditional neighborhood district is required to be served by public (or community) water and sewer facilities.

(Res. of 1-1-02, § 2-812; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17; Res. No. 18-08-14, 8-28-18)

Sec. 25-213. - Reserved.

Editor's note— Res. No. 17-04-16, adopted April 25, 2017, repealed § 25-213, which pertained to impervious surface. See Code Comparative Table for complete derivation.

Sec. 25-221.- Purpose.

(Res. of 1-1-02, § 2-901)

Sec. 25-222. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Commercial uses serving the needs of a local neighborhood and having characteristics similar to:

Offices.

Day care centers.

(2)

Public uses, such as schools, churches, libraries, fire and rescue station, recycling collection point.

(3)

Accessory buildings in conjunction with permitted uses.

(4)

Telecommunications tower, attached, subject to the standards of section 25-441.

(5)

Cabin or cottage, subject to standards of Section 25-434.

(6)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-902; 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. 21-08-19, 8-24-21; Ord. of 5-23-23(2))

Sec. 25-223. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Convenience store.

(2)

Telecommunication tower, freestanding, subject to the standards of section 25-441.

(3)

Individual establishments or buildings larger than twenty thousand (20,000) square feet of gross leasable area.

(4)

Funeral home, without crematorium.

(5)

Smaller minimum district sizes in accord with section 25-224.

(6)

Medical care facility.

(7)

Bed and breakfast, subject to standards of section 25-434.

(8)

Boardinghouse, subject to standards of section 25-434.

(9)

Dwelling, mixed use.

(10)

Electric vehicle charging station, subject to the standards of section 25-488.

Sec. 25-224. - District requirements.

(a)

Minimum district size shall be three (3) acres, except that subject to special exception approval, minimum district size may be reduced to one (1) acre.

(b)

Maximum district size shall be ten (10) acres.

(Res. of 1-1-02, § 2-904)

Sec. 25-225. - Lot requirements.

(a)

Minimum lot area: Sixteen thousand (16,000) square feet.

(b)

(c)

(Res. of 1-1-02, § 2-905; Res. No. 11-10-10, 10-25-11; Res. No. 16-12-15, 12-22-16)

Sec. 25-226. - Building requirements.

(a)

Minimum yards.

(1)

Front: Twenty-five (25) feet.

(2)

Side: Ten (10) feet. (Twenty five (25) feet adjoining residential).

(3)

Rear: Ten (10) feet (Twenty-five (25) feet adjoining residential).

(b)

Maximum height of buildings and structures: Thirty-five (35) feet.

(c)

(1)

Parking is located behind principal building.

(2)

(Res. of 1-1-02, § 2-906)

Sec. 25-227. - Use limitations.

(Res. of 1-1-02, § 2-907; Res. No. 16-12-15, 12-22-16)

Sec. 25-241.- Purpose.

(Res. of 1-1-02, § 2-1001)

Sec. 25-242. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

All permitted uses allowed in business district B-1.

(2)

(3)

Meat and poultry shops (slaughtering on-premises prohibited).

(4)

Hospitals and nursing homes.

(5)

Funeral home, crematorium.

(6)

Cemeteries.

(7)

Veterinary or animal hospitals or clinics, provided they are fully enclosed without exterior runs, kennels or yards for animals.

(8)

Public utilities, such as poles, lines, pipes, meters and other facilities necessary for provision or maintenance, including water and sewerage distribution or collection facilities.

(9)

Day care centers.

(10)

Upholstery shops.

(11)

Accessory buildings in conjunction with permitted uses.

(12)

Equipment rental and leasing, not elsewhere classified.

(Res. of 1-1-02, § 2-1002; 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. 21-03-15, 3-23-21; Res. No. 22-03-11, 3-22-22)

Sec. 25-243. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Public billiard parlors and poolrooms.

(2)

Bowling alleys.

(3)

Dance halls, assembly halls, clubs and lodges.

(4)

Golf driving ranges.

(5)

Outdoor theatres (drive-in theatres).

(6)

Flea markets.

(7)

Video game rooms/arcades.

(8)

Telecommunication tower, freestanding, subject to the standards of section 25-441.

(9)

Service stations.

(10)

Convenience stores.

(11)

Veterinary hospital with exterior animal runs.

(12)

Smaller minimum district sizes in accord with section 25-244.

(13)

Commercial recreation uses, indoor.

(14)

Commercial recreation uses, outdoor.

(15)

Car washes.

(16)

Medical care facility.

(17)

Vehicle repair, light.

(18)

Boardinghouses, subject to the standards of section 25-434.

(19)

Bed and breakfast, subject to standards of section 25-434.

(20)

Dwelling, mixed use.

(21)

Lumber and building supplies sales.

(22)

Electric vehicle charging station, subject to the standards of section 25-448.

(23)

Solar energy facility, minor-scale, ground-mounted.

(24)

Retail sales, large format, in accord with standards of section 25-445.

Sec. 25-244. - District requirements.

(a)

Minimum district size shall be five (5) acres, except that subject to special exception approval, minimum district size may be reduced to two (2) acres.

(b)

Maximum district size shall be twenty (20) acres.

(Res. of 1-1-02, § 2-1004)

Sec. 25-245. - Lot requirements.

(a)

Minimum lot area: Thirty thousand (30,000) square feet.

(b)

(Res. of 1-1-02, § 2-1005; Res. No. 11-10-10, 10-25-11)

Sec. 25-246. - Building requirements.

(a)

Minimum yards.

(1)

Front: Twenty-five (25) feet.

(2)

Side: Ten (10) feet. (Fifty (50) feet adjoining residential).

(3)

Rear: Ten (10) feet (Fifty (50) feet adjoining residential).

(b)

(c)

(1)

Parking is located behind principal building;

(2)

Parking is screened from public road view with berms at least two and one-half (2.5) feet in height and/or coniferous landscaping; or

(3)

Parking lot landscaping is increased by at least fifty (50) percent over minimum requirements.

(d)

Maximum height of buildings and structures: Thirty-five (35) feet.

(Res. of 1-1-02, § 2-1006; Res. No. 11-10-10, 10-25-11; Res. No. 16-12-15, 12-22-16)

Sec. 25-247. - Use limitations.

(Res. of 1-1-02, § 2-1007; Res. No. 16-12-15, 12-22-16)

Sec. 25-261.- Purpose.

(Res. of 1-1-02, § 2-1101)

Sec. 25-262. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Automobile, truck (light), trailer, motorcycle, recreational vehicles, modular homes and mobile home sales, and rental, including towing service, but not auto salvage or junk operations.

(2)

Lumber and building supplies sales.

(3)

Farm machinery sales and service.

(4)

Car and truck washes, automatic or otherwise.

(5)

Feed and seed stores.

(6)

Laboratories, pharmaceutical and/or medical.

(7)

Plumbing supplies storage.

(8)

Minor manufacture of musical instruments, toys, novelties and rubber and metal stamps.

(9)

(10)

Accessory buildings in conjunction with permitted uses.

(11)

Public utilities, such as poles, lines, pipes, meters and other facilities necessary for provision or maintenance, including water and sewerage distribution or collection facilities.

(12)

Telecommunications tower, attached, subject to the standards of section 25-441.

(13)

Donation Collection Center.

(14)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-1102; Res. No. 07-08-16, 8-28-07; Res. No. 11-10-10, 10-25-11; Res. No. 22-03-10, 3-22-22; Ord. of 5-23-23(2))

Sec. 25-263. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Video game room/arcade.

(2)

Day care center.

(3)

Establishments primarily engaged in the wholesale distribution of goods.

(4)

Mini-warehouses.

(5)

Automobile painting and body shops provided that there shall be no outdoor storage of damaged automobiles, equipment, auto parts or other materials.

(6)

Truck (heavy), and bus repair.

(7)

Telecommunication tower, freestanding, subject to the standards of section 25-441.

(8)

Adult uses, as defined herein.

(9)

Light auto/truck repair.

(10)

Commercial recreation uses, indoor.

(11)

Commercial recreation uses, outdoor.

(12)

Retail sales, large format, in accord with standards of Section 25-445.

(13)

Grain silo, commercial.

(14)

Solar energy facility, minor-scale, ground-mounted.

(Res. of 1-1-02, § 2-1103; Res. No. 11-10-10, 10-25-11; Res. No. 13-03-12, 3-26-13; Res. No. 18-09-21, 9-25-18; Ord. of 5-23-23(2))

Sec. 25-264. - District requirements.

(a)

Minimum district size shall be seven (7) acres, except that subject to special exception approval, minimum district size may be reduced to four (4) acres.

(b)

Maximum district size shall be thirty (30) acres.

(Res. of 1-1-02, § 2-1104)

Sec. 25-265. - Lot requirements.

(a)

Minimum lot area: Forty thousand (40,000) square feet.

(b)

(Res. of 1-1-02, § 2-1105; Res. No. 11-10-10, 10-25-11)

Sec. 25-266. - Building requirements.

(a)

Minimum yards.

(1)

Front: Twenty-five (25) feet.

(2)

Side: Fifteen (15) feet. (Seventy-five (75) feet adjoining residential).

(3)

Rear: (15) feet. (Seventy-five (75) feet adjoining residential).

(b)

Maximum density. Maximum floor area ratio: 0.35; impervious surfaces on any lot shall not exceed seventy (70) percent of the lot area.

(c)

(1)

Parking is located behind principal building;

(2)

Parking is screened from public road view with berms at least two and one-half (2.5) feet in height and/or coniferous landscaping; or

(3)

Parking lot landscaping is increased by at least fifty (50) percent over minimum requirements.

(d)

Maximum height of buildings and structures: Forty-five (45) feet.

(Res. of 1-1-02, § 2-1106; Res. No. 11-10-10, 10-25-11)

Sec. 25-267. - Use limitations.

(a)

(b)

(c)

Car and truck washes shall have adequate stacking space for all vehicles and shall be provided off of the street for each washing lane.

(Res. of 1-1-02, § 2-1107; Res. No. 18-09-21, 9-25-18)

Sec. 25-281.- Purpose.

(Res. of 1-1-02, § 2-1201)

Sec. 25-282. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

Any use permitted by right in either the B-1 or B-2 zoning district.

(Res. of 1-1-02, § 2-1202)

Sec. 25-283. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Any use permitted by special exception in either the B-1 or B-2 zoning district, excluding commercial recreation uses, outdoor, other than golf driving ranges, bed and breakfast, and boardinghouse.

(2)

Video game room, arcade.

(3)

Commercial recreation uses, indoor.

(4)

Assisted living facility.

(5)

Dwelling, mixed use.

(6)

Maximum height up to sixty (60) feet.

Sec. 25-284. - District requirements.

Minimum and maximum district sizes for the types of shopping centers:

Type	Minimum	Maximum
Neighborhood	4 acres	9 acres
Community	7 acres	25 acres
Regional	25 acres	50 acres

(Res. of 1-1-02, § 2-1204)

Sec. 25-285. - Lot requirements.

(a)

Minimum lot area.

For neighborhood shopping centers: Sixteen thousand (16,000) square feet.

For community and regional shopping centers: Forty thousand (40,000) square feet.

(b)

Maximum density.

For neighborhood shopping centers:

For community and regional shopping centers:

(c)

Minimum lot width: One hundred (100) feet.

(Res. of 1-1-02, § 2-1205; Res. No. 16-12-15, 12-22-16)

Sec. 25-286. - Building requirements.

(a)

Minimum yards (building setback).

(1)

For neighborhood shopping centers:

Front: Eighty (80) feet plus distance of impervious surfaces, except setback shall be twenty-five (25) feet when:

Parking is located behind the principal building;

When parking screened from public road view with berms and/or evergreen (coniferous) landscaping; or

When parking lot landscaping is increased by at least fifty (50) percent over minimum requirements.

Side: Ten (10) feet. (Twenty-five (25) feet adjoining residential district).

Rear: Ten (10) feet (Twenty-five (25) feet adjoining residential district).

(2)

For community and regional shopping centers:

Front: Eighty (80) feet plus distance of impervious surfaces, except setback shall be forty (40) feet when:

Parking is located behind the principal building;

When parking screened from public road view with berms and/or evergreen (coniferous) landscaping; or

When parking lot landscaping is increased by at least fifty (50) percent over minimum requirements.

Side: Ten (10) feet. (Fifty (50) feet adjoining residential district).

Rear: Ten (10) feet. (Fifty (50) feet adjoining residential district).

(b)

Maximum height of buildings and structures: Forty-five (45) feet, except by special exception up to a maximum of sixty (60) feet.

(Res. of 1-1-02, § 2-1206; Res. No. 21-11-23, 11-23-21)

Sec. 25-287. - Use limitations.

(a)

(b)

Road access. All development within the SC district is required to:

(1)

All SC types shall have direct access to a collector roadway, which shall be a road within the VDOT system.

(c)

(Res. of 1-1-02, § 2-1207; Res. No. 16-12-15, 12-22-16)

Sec. 25-301.- Purpose.

(Res. of 1-1-02, § 2-1301)

Sec. 25-302. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter and all other applicable regulations.

(1)

Offices.

(2)

Bank or financial institution.

(3)

Health and fitness center.

(4)

Accessory uses in the same building as the permitted principal uses primarily served, and occupying not more than twenty (20) percent of the floor area of such building:

Central reproduction and mailing services, and the like.

Restaurant, including carryout, but excluding drive-through.

Establishments for sale of office supplies and service of office equipment.

Establishments for sale of concessions and print media.

Pharmacies, laboratories, testing, engineering, research and developmental offices, and establishments for the production, fitting or sale of optical or prosthetic appliances.

Personal service establishments.

(5)

Educational institution.

(6)

Printing service.

(7)

Conference or training center.

(8)

Library.

(9)

(10)

Day care center.

(11)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-1302; Ord. of 5-23-23(2))

Sec. 25-303. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Hospital.

(2)

Hotel, motel.

(3)

Radio, radar, television, and telecommunication tower.

(4)

Medical care facility, outpatient only.

(5)

Fire, police, and rescue station.

(6)

Restaurant, excluding drive-through facilities

(7)

Public utility service center.

(8)

Radio and television broadcasting and/or recording studio.

(9)

Public utilities, above ground.

(10)

Heliport.

(11)

Solar energy facility, minor-scale, ground-mounted.

(Res. of 1-1-02, § 2-1303; Res. No. 13-04-18, 4-23-13; Ord. of 5-23-23(2))

Sec. 25-304. - District requirements.

(Res. of 1-1-02, § 2-1304)

Sec. 25-305. - Lot requirements.

(a)

Minimum lot area: One (1) acre. Forty-three thousand, five hundred sixty (43,560) square feet.

(b)

Minimum lot width: One hundred fifty (150) feet.

(Res. of 1-1-02, § 2-1305)

Sec. 25-306. - Building requirements.

(a)

Minimum yards.

(1)

Front: Fifty (50) feet.

(2)

Side: Ten (10) feet. (Twenty-five (25) feet adjoining residential).

(3)

Rear: Ten (10) feet (Twenty-five (25) feet adjoining residential).

No parking area shall be within ten (10) feet of any side or rear property line.

(b)

Maximum density. Maximum floor area ratio: 0.35. Impervious surfaces on any lot shall not exceed sixty-five (65) percent of the lot area.

(c)

(d)

Maximum height of buildings and other structures: Thirty-five (35) feet.

(Res. of 1-1-02, § 2-1306; Res. No. 11-10-10, 10-25-11)

Sec. 25-307. - Use limitations.

(a)

(b)

All utilities installed within the planned office park district POP shall be installed underground except where not technically feasible.

(c)

(d)

Road access. All development within the POP district is required to:

•Be served by direct access to a collector roadway which shall be a road within the VDOT system.

•Have a minimum frontage of one hundred fifty (150) feet on a VDOT road.

(Res. of 1-1-02, § 2-1307)

Sec. 25-321.- Purpose.

(Res. of 1-1-02, § 2-1401)

Sec. 25-322. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

(2)

Day care center.

(3)

Agriculture, horticulture, forestry.

(4)

Cabinet, furniture and upholstery shops.

(5)

Radio and television recording studio.

(6)

Monumental stone works.

(7)

(8)

Mini-warehouses.

(9)

Wholesale businesses and storage warehouses

(10)

Offices.

(11)

Laboratories, pharmaceutical and/or medical uses.

(12)

Commuter parking lot.

(13)

Conference or training center.

(14)

Auto body repair.

(15)

Telecommunications towers, attached, subject to standards of section 25-441.

(16)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-1402; Ord. of 5-23-23(2))

Sec. 25-323. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

(2)

Truck terminals.

(3)

Truck complexes.

(4)

Telecommunication tower, freestanding, subject to the standards of section 25-441.

(5)

Coal and wood yards.

(6)

Civic, social, fraternal meeting place.

(7)

Facilities for fitness, lessons in dance, sport skills.

(8)

Hotel or motel.

(9)

Hospital.

(10)

Water or sewerage treatment plant.

(11)

Utility substation.

(12)

Bank or financial institution.

(13)

Contractor service establishment, excluding retail sales.

(14)

Public recycling collection points.

(15)

Outdoor recreation establishment.

(16)

Government buildings, functions.

(17)

Individual well and septic systems approved by the state health department.

(18)

Vehicle repair, heavy.

(19)

Heliport.

(20)

Materials recovery facility.

(21)

Solar energy facility, minor-scale, ground-mounted.

(Res. of 1-1-02, § 2-1403; Res. No. 11-12-08, 12-20-11; Res. No. 13-04-18, 4-23-13; Res. No. 19-01-16, 1-22-19; Ord. of 5-23-23(2))

Sec. 25-324. - District requirements.

Minimum district area: Ten (10) acres, except that subject to special exception approval, minimum district size may be reduced to no less than three (3) acres.

(Res. of 1-1-02, § 2-1404; Res. No. 02-06-19, 6-18-02)

Sec. 25-325. - Lot requirements.

(a)

Minimum lot area: One (1) acre.

(b)

Minimum lot width: One hundred (100) feet.

(Res. of 1-1-02, § 2-1405)

Sec. 25-326. - Building requirements.

(a)

Minimum yards.

(1)

Front: Twenty-five (25) feet.

(2)

Side: Ten (10) feet. (Fifty (50) feet adjoining residential).

(3)

Rear: Thirty (30) feet. (Fifty (50) feet adjoining residential).

(b)

Maximum density. Maximum floor area ratio: 0.50; impervious surfaces on any lot shall not exceed seventy (70) percent of the lot area.

(c)

(d)

(Res. of 1-1-02, § 2-1406; Res. No. 11-10-10, 10-25-11)

Sec. 25-327. - Use limitations.

(a)

(b)

(c)

(d)

Noise. Noise levels generated on-site shall comply with Article II Noise, of the Noise Ordinance of the Botetourt County Code.

(Res. of 1-1-02, § 2-1407)

Sec. 25-341.- Purpose.

(Res. of 1-1-02, § 2-1501)

Sec. 25-342. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

(2)

Sawmills and planing mills.

(3)

Contractor's equipment storage or yard, or rental of equipment used by contractors, including well drilling operations.

(4)

Beverage processors, bottlers and distributors.

(5)

Blacksmith shop, welding or machine shop, excluding punch presses exceeding forty-ton rated capacity, and drop hammers.

(6)

(7)

Bakery, commercial.

(8)

Dry cleaning plant.

(9)

Heavy equipment, tractor-trailer, and specialty vehicle sales, rental, repair and accessory service.

(10)

Motor vehicle service and repair, light and heavy.

(11)

Public utility service center, with or without outdoor storage yard.

(12)

Contractor service establishment, excluding retail sales

(13)

Moving and storage company.

(14)

All uses permitted by right in M-1.

(15)

Telecommunications tower, attached, subject to the standards of section 25-441.

(Res. of 1-1-02, § 2-1502; Res. No. 11-10-10, 10-25-11)

Sec. 25-343. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

(2)

Telecommunication tower, freestanding, subject to the standards of section 25-441.

(3)

Truck terminals.

(4)

Truck complexes.

(5)

Water or sewerage treatment plant.

(6)

Utility substation.

(7)

Public recycling collection points.

(8)

Government buildings, functions.

(9)

Radio and TV broadcasting, relay station.

(10)

Individual well and septic systems approved by the state health department.

(11)

Reduction in the minimum district size from ten (10) acres to no less than three (3) acres.

(12)

Trucking company.

(13)

Heliport.

(14)

Convenience center.

(15)

Materials recovery facility.

(16)

Transfer station.

(17)

Electric vehicle charging station, subject to the standards of section 25-448.

(18)

Solar energy facility, minor-scale, ground-mounted.

(19)

Solar energy facility, utility-scale.

Sec. 25-344. - District requirements.

Minimum district area: Ten (10) acres, except that subject to special exception approval, minimum district size may be reduced to no less than three (3) acres.

(Res. of 1-1-02, § 2-1504; Res. No. 07-01-15, 1-23-07)

Sec. 25-345. - Lot requirements.

(a)

Minimum lot area: One (1) acre.

(b)

Minimum lot width: One hundred (100) feet.

(Res. of 1-1-02, § 2-1505)

Sec. 25-346. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet.

(2)

Side: Twenty (20) feet. (Seventy-five (75) feet adjoining residential).

(3)

Rear: Forty (40) feet. (Seventy-five (75) feet adjoining residential).

(b)

Maximum density. Maximum floor area ratio: 0.50; impervious surfaces on any lot shall not exceed seventy (70) percent of the lot area.

(c)

(d)

(Res. of 1-1-02, § 2-1506; Res. No. 11-10-10, 10-25-11)

Sec. 25-347. - Use limitations.

(a)

(b)

(c)

(d)

Noise. Noise levels generated on-site shall comply with Article II Noise, of the Noise Ordinance of the Botetourt County Code.

(Res. of 1-1-02, § 2-1507; Res. No. 06-07-13, 7-25-2006)

Sec. 25-361.- Purpose.

(Res. of 1-1-02, § 2-1601)

Sec. 25-362. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Livestock and auction markets.

(2)

Acid manufacture.

(3)

Exploration and extraction of gas, oil and other minerals, including quarries.

(4)

Mineral processing operations, such as crushing plants; cement, lime and gypsum manufacturing; masonry block and brick manufacturing; and asphalt plants.

(5)

Fertilizer manufacture.

(6)

Petroleum manufacture, including by-products.

(7)

Petroleum storage.

(8)

Pulp and paper manufacture.

(9)

Slaughterhouse, including meat, poultry and fish processing.

(10)

Steel fabricating plants.

(11)

(12)

Animal hospital, veterinary service.

(13)

Crematorium.

(14)

Telecommunications tower, attached, subject to the standards of section 25-441.

(15)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-1602; Ord. of 5-23-23(2))

Sec. 25-363. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Automobile graveyards.

(2)

Junkyards.

(3)

Landfills.

(4)

Transfer station.

(5)

Telecommunication tower, freestanding, subject to standards of section 25-441.

(6)

Shooting range.

(7)

Concrete mixing, storage plant.

(8)

Sawmill, wood processing facility.

(9)

Stump processing plant.

(10)

Kennel, commercial.

(11)

Explosive storage facility.

(12)

Individual well and septic systems approved by the state health department.

(13)

Public recycling collection points.

(14)

Convenience center.

(15)

Materials recovery facility.

(16)

Recovered material processing facility.

(17)

Electric vehicle charging station, subject to the standards of section 25-448.

(18)

Solar energy facility, minor-scale, ground-mounted.

(19)

Solar energy facility, utility-scale.

(Res. of 1-1-02, § 2-1603; Res. No. 06-07-13, 7-25-06; Res. No. 11-10-10, 10-25-11; Res. No. 19-01-16, 1-22-19; Ord. of 5-23-23(1); Ord. of 5-23-23(2))

Sec. 25-364. - District requirements.

Minimum district size: Twenty (20) acres.

(Res. of 1-1-02, § 2-1604)

Sec. 25-365. - Lot requirements.

(a)

Minimum lot area: One (1) acre.

(b)

Maximum floor area ratio: 0.50; impervious surfaces on any lot shall not exceed seventy (70) percent of the lot area.

(c)

Minimum lot width: One hundred (100) feet.

(Res. of 1-1-02, § 2-1605; Res. No. 11-10-10, 10-25-11)

Sec. 25-366. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet.

(2)

Side: Forty (40) feet. (One hundred (100) feet adjoining residential).

(3)

Rear: Fifty (50) feet. (One hundred (100) feet adjoining residential).

(b)

(c)

(Res. of 1-1-02, § 2-1606; Res. No. 11-10-10, 10-25-11)

Sec. 25-367. - Use limitations.

(a)

(b)

(c)

(d)

Noise. Noise levels generated on-site shall comply with Article II Noise, of the Noise Ordinance of the Botetourt County Code.

(Res. of 1-1-02, § 2-1607; Res. No. 06-07-13, 7-25-2006)

Sec. 25-381.- Purpose.

(Res. of 1-1-02, § 2-1701)

Sec. 25-382. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Day care center.

(2)

Agriculture, horticulture, forestry.

(3)

Beverage processors, bottlers and distributors.

(4)

Cabinet, furniture and upholstery shops.

(5)

Commuter parking lot.

(6)

Conference or training center.

(7)

Educational institution.

(8)

Fire, police, and rescue station.

(9)

Health and fitness center.

(10)

(11)

Mini-warehouses.

(12)

Monumental stone works.

(13)

Printing service.

(14)

Library.

(15)

(16)

Radio and television broadcasting and/or recording studio.

(17)

Retail sales not to exceed twenty (20) percent of the total gross leasable area of the development.

(18)

Wholesale businesses and storage warehouses.

(19)

Accessory uses in a building with a permitted principal use and occupying not more than twenty (20) percent of the floor area of such building.

Central reproduction and mailing services, and the like.

Restaurant, including carryout, but excluding drive-through.

Establishments for sale of office supplies and service of office equipment.

Establishments for sale of concessions and print media.

Pharmacies, laboratories, testing, engineering, research and developmental offices, and establishments for the production, fitting or sale of optical or prosthetic appliances.

(20)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-1702; Ord. of 5-23-23(2))

Sec. 25-383. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Civic, social, fraternal meeting place.

(2)

Contractor's service, equipment storage, yard, rental of equipment used by contractors, well drilling operations, with retail sales only as a subordinate use.

(3)

Facilities for fitness, lessons in dance, sport skills.

(4)

Government buildings, functions.

(5)

Hospital.

(6)

Hotel or motel.

(7)

Laboratories, pharmaceutical and/or medical uses.

(8)

Manufacture, compounding, processing, packaging or treatment of articles (of sizes less than four hundred (400) cubic feet) or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, clay, shale, stone, metals, shells, straw, textiles, tobacco, wood, yarn and paint.

(9)

Materials recovery facility.

(10)

Medical care facility, outpatient only.

(11)

Offices.

(12)

Outdoor recreation establishment.

(13)

Public utility generating, and facilities and water and sewerage installations.

(14)

Public utility service center.

(15)

Radio, radar, television, and telecommunication tower.

(16)

Railroad facilities other than trackage.

(17)

Public recycling collection point.

(18)

Restaurant, excluding drive-through facilities.

(19)

Sawmills and planing mills.

(20)

Truck complexes.

(21)

Truck terminals.

(22)

Water or sewerage treatment plant.

(23)

Welding or machine shop, excluding punch presses exceeding forty-ton rated capacity, and drop hammers.

(24)

(25)

Solar energy facility, minor-scale, ground-mounted.

(Res. of 1-1-02, § 2-1703; Res. No. 19-01-16, 1-22-19; Ord. of 5-23-23(2))

Sec. 25-384. - District requirements.

Minimum district size: Twenty (20) acres.

Incremental and contiguous additions of a minimum of one (1) acre to an existing PIP zoning district shall be permitted.

(Res. of 1-1-02, § 2-1704)

Sec. 25-385. - Lot requirements.

(a)

Minimum lot area: One (1) acre. Forty-three thousand, five hundred sixty (43,560) square feet.

(b)

Minimum lot width: One hundred (100) feet.

(Res. of 1-1-02, § 2-1705)

Sec. 25-386. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet.

(2)

Side: Ten (10) feet. (Fifty (50) feet adjoining residential).

(3)

Rear: Ten (10) feet. (Fifty (50) feet adjoining residential).

No parking area shall be within ten (10) feet of any side or rear property line. (Fifty (50) feet adjoining residential).

(b)

Maximum density. Maximum floor area ratio: 0.35. Impervious surfaces on any lot shall not exceed sixty-five (65) percent of the lot area.

(c)

(d)

Maximum height of buildings and other structures: Forty-five (45) feet.

(Res. of 1-1-02, § 2-1706)

Sec. 25-387. - Use limitations.

(a)

(b)

Access. Lot access for PIP districts or lots shall not be provided through residential districts, residential areas of planned districts, or residential subdivisions in the A-1 or RR districts.

(c)

All utilities installed within the planned industrial park district PIP shall be installed underground except where not technically feasible.

(d)

Noise. Noise levels generated on-site shall comply with Article II Noise, of the Noise Ordinance of the Botetourt County Code.

(Res. of 1-1-02, § 2-1707)

Sec. 25-391.- Purpose.

(Res. No. 14-05-12, 5-27-14)

Sec. 25-392. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

(2)

Welding or machine shop, excluding punch presses exceeding forty-ton rated capacity, and drop hammers.

(3)

(4)

Laboratories, engineering, research, testing and developmental facilities related to the manufacture, processing, fabrication and/or assembly of products permitted in the RAM district.

(5)

(6)

(7)

Conference or training center.

(8)

Commuter parking lot.

(9)

Bakery, commercial.

(10)

Workforce, technical and trade academy.

(11)

In addition to the accessory uses permitted in section 25-431(c) of this chapter, the following and similar accessory uses shall be permitted:

Non-public uses intended for the benefit of employees and guests of existing on-site primary permitted uses, such as but not limited to cafeterias, mailing services, concessions and the like.

Public uses which are primarily for the purpose of promoting the products and/or services of the primary permitted use, such as but not limited to gift shops, restaurants, stores and the like.

(12)

Solar energy facility, minor-scale, roof-mounted.

(Res. No. 14-05-12, 5-27-14; Ord. of 5-23-23(2))

Sec. 25-393. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Telecommunication tower subject to the standards of section 25-441.

(2)

Water or sewerage treatment plant.

(3)

Utility substation.

(4)

Government buildings, functions.

(5)

Radio and TV broadcasting, relay station.

(6)

Heliport.

(7)

Hospital.

(8)

Welding or machine shop including punch presses exceeding forty-ton rated capacity and drop hammers.

(9)

Day care center

(10)

Recovered material processing facility.

(11)

Electric vehicle charging station, subject to the standards of section 25-448.

(12)

Solar energy facility, minor-scale, ground-mounted.

(Res. No. 14-05-12, 5-27-14; Res. No. 19-01-16, 1-22-19; Ord. of 5-23-23(1); Ord. of 5-23-23(2))

Sec. 25-394. - District requirements.

Minimum district area: Ten (10) acres, except that subject to special exception approval, minimum district size may be reduced to no less than five (5) acres.

(Res. No. 14-05-12, 5-27-14)

Sec. 25-395. - Lot requirements.

(a)

Minimum lot area: One (1) acre.

(b)

Minimum lot width: One hundred (100) feet.

(Res. No. 14-05-12, 5-27-14)

Sec. 25-396. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet.

(2)

Side: Twenty (20) feet. (Seventy-five (75) feet adjoining residential.)

(3)

Rear: Forty (40) feet. (Seventy-five (75) feet adjoining residential.)

(b)

Maximum density. Maximum floor area ratio: 0.50; impervious surfaces on any lot shall not exceed seventy (70) percent of the lot area.

(c)

(d)

(Res. No. 14-05-12, 5-27-14)

Sec. 25-397. - Use limitations.

(a)

(b)

(c)

(d)

(e)

All utility lines, electric, telephone, cable lines etc. shall be placed under ground.

(Res. No. 14-05-12, 5-27-14)

Botetourt County Unincorporated
City Zoning Code

ARTICLE II

- DISTRICT REGULATIONS GENERALLY

Sec. 25-71.- Purpose.

(Res. of 1-1-02, § 2-101)

Sec. 25-72. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Agriculture.

(2)

Agriculture, intensive, subject to standards of subsection 25-76(c).

(3)

Cemetery.

(4)

Church.

(5)

Dwelling, single-family.

(6)

Dwelling, accessory.

(7)

Group home.

(8)

Home occupation, subject to standards of section 25-435.

(9)

Mobile (manufactured) home, Class A or B, subject to standards of section 25-437.

(10)

Natural area.

(11)

Park, unlighted.

(12)

Playground, unlighted.

(13)

Sawmill, temporary.

(14)

Sawmill, small-scale.

(15)

School, public.

(16)

Telecommunications tower, attached, subject to standards of section 25-441.

(17)

Temporary family health care structure.

(18)

Temporary meteorological tower (MET), subject to standards of section 25-446(d).

(19)

Cabin or cottage, subject to standards of section 25-434.

(20)

Homestay, subject to standards of section 25-434.

(21)

Stable, commercial.

(22)

Solar energy facility, minor-scale, roof-mounted.

Sec. 25-73. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Airport, private.

(2)

Animal hospital.

(3)

Antique shop.

(4)

Assisted living facility.

(5)

Boardinghouse, subject to standards of section 25-434.

(6)

Bed and breakfast, subject to standards of section 25-434.

(7)

Campground.

(8)

Cabin or cottage, resort, subject to standards of section 25-434.

(9)

Civic club.

(10)

Community center.

(11)

Correctional facility, adult.

(12)

Correctional facility, juvenile.

(13)

Country club.

(14)

Crematorium and/or funeral home.

(15)

Day care center.

(16)

Fire, police and rescue stations.

(17)

General store.

(18)

Golf course.

(19)

Grain mill, feed mill.

(20)

Heliport.

(21)

Home business, subject to standards of section 25-435.

(22)

Home business, rural, subject to standards of section 25-435.

(23)

Hunting lodge, game preserve.

(24)

Junkyard, automobile graveyard.

(25)

Kennel, commercial.

(26)

Reserved.

(27)

Landfill.

(28)

Livestock market.

(29)

Medical care facility.

(30)

Nursery, production.

(31)

Nursery, retail (garden center).

(32)

Park and ride lot.

(33)

Park, lighted.

(34)

Pet farm.

(35)

Playground, lighted.

(36)

Public recycling collection points.

(37)

Public utility trunk lines, other (gas, electric, communications).

(38)

Public utility trunk lines, water or sewer.

(39)

Public utility plants, other (gas, electric, communications).

(40)

Public utility plants, water or sewer.

(41)

Public utility maintenance facility or storage yard.

(42)

Public utility substations (gas, electric, communications).

(43)

Recreational vehicle park, subject to standards of section 25-434.

(44)

Roadside stand.

(45)

Rural resort, subject to standards of section 25-434.

(46)

Rural retreat, subject to standards of section 25-434.

(47)

Sawmill.

(48)

School, private.

(49)

Shooting range.

(50)

Slaughterhouse, includes custom meat cutting, processing and sales.

(51)

Special events facility.

(52)

Reserved.

(53)

Storage yard.

(54)

Structures, non-residential, totaling in excess of twenty thousand (20,000) gross square feet, but not greater than thirty-nine thousand nine hundred ninety-nine (39,999) gross square feet.

(55)

Telecommunications tower, free-standing, subject to standards of section 25-441.

(56)

Temporary meteorological tower (MET), subject to standards of section 25-446(e).

(57)

Wind energy system, utility-scale, subject to standards of section 25-446.

(58)

(59)

Solar energy facility, minor-scale, ground-mounted.

(60)

Solar energy facility, utility-scale.

Sec. 25-74. - Lot requirements.

(a)

Conventional development option.

(1)

(2)

Maximum lot coverage. Fifteen (15) percent.

(3)

(4)

Minimum lot width. One hundred fifty (150) feet at the minimum setback line of front yard.

(5)

(b)

Cluster A-1 development option.

(1)

(2)

Minimum lot area (maximum net density).

Cluster lots: Nine thousand (9,000) square feet.

Conservation lots: Three (3) acres.

(3)

Maximum lot coverage.

Cluster lots: Fifty (50) percent.

Conservation lots: Twenty (20) percent.

(4)

Lot access.

Pipestem lots. Cluster lots may be pipestem lots as defined herein, subject to approval by the planning commission in conjunction with preliminary plat.

Conservation lots. Any conservation lot may be a pipestem lot.

(5)

Minimum lot width.

Cluster lots. Seventy (70) feet at the minimum setback line of front yard.

(6)

Conservation lots, as defined herein.

Open space owned and maintained by a public entity acceptable to the board of supervisors.

Open space owned and maintained by a homeowner's association.

(Res. of 1-1-02, § 2-104; Res. No. 17-11-09, 11-28-17; Res. No. 20-05-09, 5-26-20)

Sec. 25-75. - Building requirements.

(a)

Conventional A-1 Development Option.

(1)

Minimum yards (building setbacks).

Front: Sixty (60) feet.

Rear: Thirty (30) feet.

Side: Twenty (20) feet

Accessory buildings: Fifteen (15) feet from a side or rear lot line; not permitted in front yard setback.

(2)

(b)

Cluster A-1 development option.

(1)

Minimum yards.

Front.

For cluster lots: Twenty-five (25) feet.

For conservation lots: Forty (40) feet.

Side.

For cluster lots: Ten (10) feet.

For conservation lots: Twenty (20) feet.

Rear.

For cluster lots: Thirty-five (35) feet.

For conservation lots: Forty (40) feet.

Accessory buildings. Fifteen (15) feet from a side or rear lot line; not permitted in front yard setback.

(2)

(Res. of 1-1-02, § 2-105; Res. No. 11-10-10, 10-25-11; Res. No. 17-11-09, 11-28-17; Res. No. 20-05-09, 5-26-20)

Sec. 25-76. - Use limitations.

(a)

(b)

(1)

When a water or sewer service distribution/collection line is located within three hundred (300) feet of an existing lot, such lot may be connected to that distribution line.

(2)

(3)

The design of all pipes, pumps, and other elements of community water or sewer systems must meet the design standards of the Western Virginia Water Authority.

(c)

Intensive agriculture on small lots. Intensive agricultural activities are not permitted on lots of less than five (5) acres where the primary use of the lot is residential.

(Res. of 1-1-02, § 2-106; Res. No. 20-05-09, 5-26-20)

Sec. 25-91.- Purpose.

(Res. of 1-1-02, § 2-201)

Sec. 25-92. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Agriculture.

(2)

Dwelling, single-family.

(3)

Dwelling, accessory.

(4)

Group home.

(5)

Home occupation, subject to standards of section 25-435.

(6)

Mobile home, Class A or B, subject to standards of section 25-437.

(7)

Natural area.

(8)

Park, unlighted.

(9)

Playground, unlighted.

(10)

Sawmill, temporary.

(11)

Sawmill, small-scale.

(12)

Telecommunications tower, attached, subject to standards of section 25-441.

(13)

Temporary family health care structure.

(14)

Temporary meteorological tower (MET), subject to standards of section 25-446(d).

(15)

Cabin or cottage, subject to standards of section 25-434.

(16)

Homestay, subject to standards of section 25-434.

(17)

Stable, commercial.

(18)

Solar energy facility, minor-scale, roof-mounted.

Sec. 25-93. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Airport, private.

(2)

Bed and breakfast, subject to standards of section 25-434.

(3)

Campground.

(4)

Cabin or cottage, resort, subject to standards of section 25-434.

(5)

Commercial kennel.

(6)

Church.

(7)

Exploratory activities for extractive industries.

(8)

Extractive industries and accessory uses.

(9)

Golf course.

(10)

Home business, subject to standards of section 25-435.

(11)

Home business, rural, subject to standards of section 25-435.

(12)

Hunting lodge, game preserve.

(13)

Hydrodam generating facilities.

(14)

Reserved.

(15)

Roadside stand.

(16)

Rural retreat, subject to standards of section 25-434.

(17)

Rural resort, subject to standards of section 25-434.

(18)

Sawmill.

(19)

Shooting range.

(20)

Special events facility.

(21)

Reserved.

(22)

Structures, non-residential, totaling in excess of twenty thousand (20,000) gross square feet, but not greater than thirty-nine thousand nine hundred ninety-nine (39,999) gross square feet.

(23)

Telecommunications tower, freestanding, subject to the standards of section 25-441.

(24)

Public utility trunk lines, other (gas, electric, communications).

(25)

Public utility trunk lines, water or sewer.

(26)

Public utility plants, other (gas, electric, communications).

(27)

Public utility plants, water or sewer.

(28)

Public utility maintenance facility or storage yard.

(29)

Public utility substations (gas, electric, communications).

(30)

Temporary meteorological tower (MET), subject to standards of section 25-446(e).

(31)

Wind energy systems, utility-scale, subject to standards of section 25-446.

(32)

Boardinghouse, subject to standards of section 25-434.

(33)

Recreational vehicle park, subject to standards of section 25-434.

(34)

Structures in excess of forty (40) feet, as provided for in section 25-95(b), unless otherwise exempted as provided for in section 25-15(b).

Sec. 25-94. - Lot requirements.

(a)

(b)

Maximum gross density: One dwelling per five (5) acres.

(c)

Maximum lot coverage: Ten (10) percent.

(d)

(e)

Minimum lot width: Two hundred (200) feet at the minimum setback line of the front yard.

(Res. of 1-1-02, § 2-204)

Sec. 25-95. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet

(2)

Side: Twenty (20) feet

(3)

Rear: Forty (40) feet

(4)

Accessory buildings. Fifteen (15) feet from a side or rear lot line; not permitted in front yard setback.

All lots existing prior to the adoption of this chapter shall be regulated by the prior setback requirements for the district in force at the time of adoption of this chapter. (section 25-39)

(b)

(Res. of 1-1-02, § 2-205; Res. No. 17-11-09, 11-28-17)

Sec. 25-96. - Use limitations.

(a)

Individual septic systems. All lots shall meet health department requirements for individual wastewater disposal.

(b)

(1)

When a water or sewer service distribution/collection line is located within three hundred (300) feet of an existing lot, such lot may be connected to that distribution line.

(2)

(3)

The design of all pipes, pumps, and other elements of community water or sewer systems must meet the design standards of the county and state health department.

(Res. of 1-1-02, § 2-206)

Sec. 25-111.- Purpose.

Land in this district may be served with public water or wastewater in suitable locations, in accord with the county's comprehensive plan.

(Res. of 1-1-02, § 2-301)

Sec. 25-112. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Agriculture, limited.

(2)

Reserved.

(3)

Cemetery.

(4)

Church.

(5)

Dwelling, single-family.

(6)

[Reserved].

(7)

Group home.

(8)

Home occupation, subject to standards of section 25-435.

(9)

Natural area.

(10)

Park, unlighted.

(11)

Playground, unlighted.

(12)

Telecommunications tower, attached, subject to the standards of section 25-441.

(13)

Temporary family health care structure.

(14)

Cabin or cottage, subject to standards of section 25-434.

(15)

Home agriculture.

(16)

Solar energy facility, minor-scale, roof-mounted.

Sec. 25-113. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Bed and breakfast, subject to standards in section 25-434.

(2)

Civic club.

(3)

Country club.

(4)

Fire, police and rescue stations.

(5)

Golf course.

(6)

Home business, subject to standards of section 25-435.

(7)

Hunting lodge, game preserve.

(8)

Reserved.

(9)

Mobile (manufactured) home, Class A or B, subject to section 25-437.

(10)

Park, lighted.

(11)

Playground, lighted.

(12)

Public recycling collection points.

(13)

Public utility trunk lines, other (gas, electric, communications).

(14)

Public utility trunk lines, water or sewer.

(15)

Public utility plants, other (gas, electric, communications).

(16)

Public utility plants, water or sewer.

(17)

Public utility substations (gas, electric, communications).

(18)

Stable, commercial.

(19)

Structures, non-residential, totaling in excess of twenty thousand (20,000) gross square feet, but not greater than thirty-nine thousand nine hundred ninety-nine (39,999) gross square feet.

(20)

Structures over sixty-five (65) feet in height.

(21)

Telecommunications tower, freestanding, subject to section 25-411.

(22)

Reserved.

(23)

Cabin or cottage, resort, subject to standards of section 25-434.

(24)

Boardinghouse, subject to standards of section 25-434.

(25)

Structures in excess of forty (40) feet, as provided for in section 25-115(b), unless otherwise provided for in this chapter or as exempted as provided for in section 25-15(b).

Sec. 25-114. - Lot requirements.

(a)

Minimum lot area:

(1)

(2)

When served by either public (community) water or sewer: One and one-quarter (1.25) acres.

(3)

When served by both public (community) water and sewer: One (1.0) acre.

(b)

Minimum lot width. One hundred twenty-five (125) feet at the minimum setback line of front yard.

(c)

Maximum lot coverage: Twenty (20) percent total for all principal and accessory buildings and seven (7) percent for accessory buildings.

(d)

(Res. of 1-1-02, § 2-304; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-115. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet.

(2)

Side: Twenty (20) feet.

(3)

Rear: Thirty (30) feet.

(b)

Accessory buildings. Five (5) feet from a side or rear lot line; not permitted in front yards.

(Res. of 1-1-02, § 2-305; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-121.- Purpose.

(Res. of 1-1-02, § 2-401)

Sec. 25-122. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Church.

(2)

Dwelling, single-family detached.

(3)

Group home.

(4)

Home occupation, subject to standards of section 25-435.

(5)

Park, unlighted.

(6)

Playground, unlighted.

(7)

School, public.

(8)

Telecommunications tower, attached, subject to the standards of section 25-441.

(9)

Temporary family health care structure.

(10)

Home agriculture.

(11)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-402; Res. No. 11-10-10, 10-25-11; Res. No. 18-11-11, 11-27-18; Ord. of 5-23-23(2))

Sec. 25-123. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Community center.

(2)

Country club.

(3)

Day care center.

(4)

Dwelling, accessory.

(5)

Fire, police and rescue stations.

(6)

Golf course.

(7)

Park, lighted.

(8)

Playground, lighted.

(9)

Public recycling collection points.

(10)

Public utility trunk lines, other (gas, electric, communications).

(11)

Public utility trunk lines, water or sewer.

(12)

Public utility plants, other (gas, electric, communications).

(13)

Public utility plants, water or sewer.

(14)

Public utility substations (gas, electric, communications).

(15)

School, private.

(16)

Reserved.

(17)

Bed and breakfast, subject to standards of section 25-434.

(18)

Cabin or cottage, subject to standards of section 25-434.

(19)

Homestay, subject to standards of section 25-434.

(20)

Structures in excess of the maximum height, as provided for in section 25-125(b), unless otherwise exempted as provided for in section 25-15(b).

Sec. 25-124. - Lot requirements.

(a)

Conventional R-1 development option.

(1)

Minimum lot area: Twenty thousand (20,000) square feet.

(2)

Reserved.

(3)

Maximum lot coverage: Twenty (20) percent total for all principal and accessory buildings and seven (7) percent for accessory buildings.

(4)

(5)

Minimum lot width. One hundred (100) feet at the minimum setback line of front yard.

(b)

Cluster R-1 development option.

(1)

Minimum lot area.

Cluster lots: Eight thousand (8,000) square feet.

Conservation lots: Three (3) acres.

(2)

Maximum gross density: One (1) dwelling per twenty thousand (20,000) square feet.

(3)

Maximum lot coverage: Fifty (50) percent total for all principal and accessory buildings and seven (7) percent for accessory buildings.

(4)

Lot access. Cluster lots shall be accessed from a new public road, constructed to standards suitable for acceptance into the Virginia Department of Transportation (VDOT) system.

(5)

Minimum lot width.

For cluster lots, sixty (60) feet at the minimum setback line of the front yard.

For conservation lots fronting on public roads, one hundred sixty-five (165) feet at the minimum setback line of the front yard.

(6)

Conservation lots, as defined herein.

Open space owned and maintained by a public entity acceptable to the board of supervisors.

Open space owned and maintained by a homeowner's association.

(Res. of 1-1-02, § 2-404; Res. No. 17-11-09, 11-28-17; Res. No. 20-05-09, 5-26-20; Res. of 12-21-21)

Sec. 25-125. - Building requirements.

(a)

Conventional R-1 development option.

(1)

Minimum yards.

Front: Thirty-five (35) feet.

Side: Fifteen (15) feet.

Rear: Twenty-five (25) feet.

Accessory buildings.

Not closer than five (5) feet to a side or rear lot line; not permitted in front yards.

All lots existing prior to the adoption of this chapter shall be regulated by the prior setback requirements for the district in force at the time of adoption of this chapter.

(b)

Maximum height of buildings and structures.

(1)

Dwellings, single-family detached: thirty-five (35) feet.

(2)

Churches and schools: Sixty (60) feet.

(3)

Other: Thirty-five (35) feet.

(4)

(c)

Cluster R-1 development option.

(1)

Minimum yards.

Front.

For cluster lots: Twenty-five (25) feet, except fifteen (15) feet when drive access is only provided from a secondary private alley.

For conservation lots: Forty (40) feet.

Side.

For cluster lots: Ten (10) feet.

For conservation lots: Twenty (20) feet.

Rear.

For cluster lots: Twenty-five (25) feet.

For conservation lots: Forty (40) feet.

Accessory buildings.

Not closer than five (5) feet to a side or rear lot line; not permitted in front yards.

(Res. of 1-1-02, § 2-405; Res. No. 11-10-10, 10-25-11; Res. No. 17-11-09, 11-28-17; Res. No. 20-05-09, 5-26-20; Res. of 12-21-21)

Sec. 25-126. - Use limitations.

(Res. of 1-1-02, § 2-406; Res. No. 17-11-09, 11-28-17; Res. No. 20-05-09, 5-26-20)

Sec. 25-141.- Purpose.

The Residential District R-2 is established to provide residential opportunities at a higher density than R-1, but yet in a quiet residential character with a mix of different residential types.

(Res. of 1-1-02, § 2-501)

Sec. 25-142. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Church.

(2)

Dwelling, single-family detached.

(3)

Dwelling, duplex.

(4)

Group home.

(5)

Home occupation, subject to standards of section 25-435.

(6)

Library.

(7)

Park, unlighted.

(8)

Playground, unlighted.

(9)

School, public.

(10)

Telecommunications tower, attached, subject to the standards of section 25-441.

(11)

Temporary family health care structure.

(12)

Home agriculture.

(13)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-502; Res. No. 11-10-10, 10-25-11; Res. No. 18-11-11, 11-27-18; Ord. of 5-23-23(2))

Sec. 25-143. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Community center.

(2)

Country club.

(3)

Day care center.

(4)

Fire, police and rescue stations.

(5)

Golf course.

(6)

Park, lighted.

(7)

Playground, lighted.

(8)

Public recycling collection points.

(9)

Public utility trunk lines, other (gas, electric, communications).

(10)

Public utility trunk lines, water or sewer.

(11)

Public utility plants, other (gas, electric, communications).

(12)

Public utility plants, water or sewer.

(13)

Public utility substations (gas, electric, communications).

(14)

School, private.

(15)

Senior housing facility.

(16)

Senior assisted living facility.

(17)

Nursing home/life care facility.

(18)

Reserved.

(19)

Bed and breakfast, subject to standards of section 25-434.

(20)

Cabin or cottage, subject to standards of section 25-434.

(21)

Homestay, subject to standards of section 25-434.

(22)

Structures in excess of the maximum height, as provided for in section 25-145(b), unless otherwise provided for in this chapter or as exempted as provided for in section 25-15(b).

Sec. 25-144. - Lot requirements.

(a)

Minimum lot area:

(1)

Single-family detached: Seventeen thousand five hundred (17,500) square feet.

(2)

Duplex: Twelve thousand (12,000) square feet for a lot that contains only one dwelling unit; twenty-four thousand (24,000) square feet for a single lot that contains two (2) dwelling units.

(3)

Other uses: Twenty thousand (20,000) square feet.

(b)

Reserved.

(c)

Maximum lot coverage: Twenty (20) percent total for all principal and accessory buildings and seven (7) percent for accessory buildings.

(d)

(e)

Minimum lot width.

(1)

Eighty (80) feet at the minimum front setback line.

(2)

Reserved.

(3)

For duplex lots, one hundred twenty (120) feet for a lot that contains two (2) dwellings; sixty (60) feet for a lot that contains one (1) dwelling.

(Res. of 1-1-02, § 2-504; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-145. - Building requirements.

(a)

Minimum yards.

(1)

Front: Thirty-five (35) feet.

(2)

Side: Fifteen (15) feet.

(3)

Rear: Twenty-five (25) feet.

(4)

Accessory buildings.

Not closer than five (5) feet to a side or rear lot line; not permitted in front yards.

All lots existing prior to the adoption of this chapter shall be regulated by the prior setback requirements for the district in force at the time of adoption of this chapter.

(b)

Maximum height of buildings and structures.

(1)

Dwellings, single-family detached and duplex: Thirty-five (35) feet.

(2)

Churches, libraries and schools: Sixty (60) feet.

(3)

Other: Thirty-five (35) feet.

(4)

(Res. of 1-1-02, § 2-505; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-146. - Use limitations.

(Res. of 1-1-02, § 2-506)

Sec. 25-161.- Purpose.

(Res. of 1-1-02, § 2-601; Res. No. 17-11-09, 11-28-17)

Sec. 25-162. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Church.

(2)

Dwelling, single-family detached.

(3)

Dwelling, duplex.

(4)

Dwelling, zero lot line.

(5)

Dwelling, single family attached, up to six (6.0) dwellings per net acre.

(6)

Reserved.

(7)

Group home.

(8)

Home occupation, subject to standards of section 25-435.

(9)

Library.

(10)

Park, unlighted.

(11)

Playground, unlighted.

(12)

School, public.

(13)

Telecommunications tower, attached, subject to the standards of section 25-441.

(14)

Temporary family health care structure.

(15)

Home agriculture.

(16)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-602; Res. No. 11-10-10, 10-25-11; Res. No. 17-11-09, 11-28-17; Res. No. 18-11-11, 11-27-18; Ord. of 5-23-23(2))

Sec. 25-163. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Community center.

(2)

Country club.

(3)

Day care center.

(4)

Reserved.

(5)

Reserved.

(6)

Fire, police and rescue stations.

(7)

Funeral home.

(8)

Golf course.

(9)

Medical care facility.

(10)

Mobile home park, subject to standards of section 25-437.

(11)

Nursing home/life care facility.

(12)

Park, lighted.

(13)

Playground, lighted.

(14)

Public recycling collection points.

(15)

Public utility trunk lines, other (gas, electric, communications).

(16)

Public utility trunk lines, water or sewer.

(17)

Public utility plants, other (gas, electric, communications).

(18)

Public utility plants, water or sewer.

(19)

Public utility substations (gas, electric, communications).

(20)

School, private.

(21)

Senior housing facility.

(22)

Senior assisted living facility.

(23)

Reserved.

(24)

Private roads—R-3 use district.

(25)

Bed and breakfast, subject to standards of section 25-434.

(26)

Cabin or cottage, subject to standards of section 25-434.

(27)

Homestay, subject to standards of section 25-434.

(28)

Boardinghouse, subject to standards of section 25-434.

(29)

Structures in excess of the maximum height, as provided for in section 25-165(7), unless otherwise provided for in this chapter or as exempted as provided for in section 25-15(b).

(31)

Cabin or cottage resort.

(32)

Solar energy facility, minor-scale, ground-mounted.

Sec. 25-164. - Lot requirements.

(a)

Minimum lot area.

(1)

For single-family detached dwelling units: Fifteen thousand (15,000) square feet.

(2)

For duplex dwelling units: Nine thousand (9,000) square feet per dwelling; eighteen thousand (18,000) square feet if the two (2) dwelling units share a single lot.

(3)

For zero lot line dwelling units: Nine thousand (9,000) square feet.

(4)

For single-family attached dwelling units: A minimum of one (1) acre is required in any single-family attached development. Two thousand (2,000) square feet per individual dwelling unit.

(5)

Other uses: Forty thousand (40,000) square feet.

(b)

Maximum density.

(1)

For single-family attached dwelling units: Six (6.0) dwellings per net acre.

(c)

(d)

(e)

Minimum lot width.

(1)

Single-family detached dwelling units: Sixty-five (65) feet at the minimum setback line of the front yard.

(2)

Duplex dwelling units: Sixty (60) feet at the minimum setback line of the front yard; ninety (90) feet minimum if the two (2) dwellings share a single lot.

(3)

Zero lot line dwelling units: Sixty (60) feet at the minimum setback line of the front yard.

(4)

Single-family attached dwelling units: Twenty-four (24) feet at the minimum setback line of the front yard.

(Res. of 1-1-02, § 2-604; Res. No. 14-05-20, 5-27-14; Res. No. 16-05-26, 5-24-16; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-165. - Building requirements; minimum yards.

(1)

Single-family detached dwelling units.

Front: Twenty-five (25) feet.

Side: Ten (10) feet.

Rear: Twenty-five (25) feet.

(2)

Duplex dwelling units.

Front: Twenty-five (25) feet.

Side:

When the lot line splits the structure: Twenty (20) feet on one side.

When the two (2) dwellings share a single lot: Twenty (20) feet.

Rear: Twenty-five (25) feet.

(3)

Zero lot line dwelling units.

Front: Twenty-five (25) feet.

Side: Twenty (20) on the open side.

Rear: Twenty-five (25) feet.

(4)

Single-family attached dwelling units.

Front: Twenty (20) feet; not more than seventy (70) percent of front yard shall be devoted to parking areas.

Corner: Twenty (20) feet.

Rear: Twenty (20) feet.

Groups of dwelling units.

A minimum of six (6) dwelling units are required in any single-family attached development.

The front facades of individual townhouse units shall be offset from adjoining units by a minimum of two (2) feet.

(5)

Other uses.

Front: Fifty (50) feet.

Side: Twenty-five (25) feet.

Rear: Twenty-five (25) feet.

(6)

Accessory buildings.

Five (5) feet from a side or rear lot line; not permitted in front yards.

(7)

Maximum height of buildings and structures

Dwellings, single-family detached, attached, duplex and zero lot line: Thirty-five (35) feet.

Churches, libraries and schools: Sixty (60) feet.

Other uses: Thirty-five (35) feet.

(Res. of 1-1-02, § 2-605; Res. No. 14-05-19, 5-27-14; Res. No. 14-05-20, 5-27-14; Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-166. - Use limitations.

(a)

(b)

Minimum common open space. Any tract of land zoned R-3 which is developed with any number of single-family attached dwelling units:

(1)

(2)

(3)

All active recreation space shall be suitably graded and equipped for active recreational facilities to serve the residents of the development.

(4)

All passive recreation space shall be located to preserve important site amenities and environmentally sensitive areas.

(5)

(Res. of 1-1-02, § 2-606; Res. No. 17-11-09, 11-28-17)

Sec. 25-167.- Purpose.

(Res. No. 17-11-09, 11-28-17)

Sec. 25-168. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Church.

(2)

Dwelling, single family attached, up to six (6.0) dwelling units per net acre.

(3)

Dwelling, multi-family, up to eight (8.0) dwelling units per acre.

(4)

Group home.

(5)

Home occupation, subject to standards of section 25-435.

(6)

Library.

(7)

Park, unlighted.

(8)

Playground, unlighted.

(9)

School, public.

(10)

Telecommunications tower, attached, subject to the standards of section 25-441.

(11)

Solar energy facility, minor-scale, roof-mounted.

(Res. No. 17-11-09, 11-28-17; Ord. of 5-23-23(2))

Sec. 25-169. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to the requirements of this chapter and all other applicable regulations:

(1)

Community center.

(2)

Country club.

(3)

Day care center.

(4)

Dwelling, single-family attached, up to twelve (12) dwelling units per net acre.

(5)

Dwelling, multi-family, up to twenty-four (24) dwelling units per acre.

(6)

Fire, police and rescue stations.

(7)

Nursing home/life care facility.

(8)

Park, lighted.

(9)

Playground, lighted.

(10)

Public utility trunk lines, other (gas, electric, communications).

(11)

Public utility trunk lines, water or sewer.

(12)

Public utility plants, other (gas, electric, communications).

(13)

Public utility plants, water or sewer.

(14)

Public utility substations (gas, electric, communications).

(15)

Public recycling collection points.

(16)

School, private.

(17)

Senior housing facility.

(18)

Senior assisted living facility.

(19)

Reserved.

(20)

Private roads—R-4 use district.

(21)

Structures in excess of the maximum height, as provided for in section 25-171(5)(e), unless otherwise provided for in this chapter or as exempted as provided for in section 25-15(b).

(22)

Electric vehicle charging station, subject to the standards of section 25-448.

(23)

Solar energy facility, minor-scale, ground-mounted.

(Res. No. 17-11-09, 11-28-17; Res. No. 19-01-16, 1-22-19; Res. of 12-21-21; Ord. of 5-23-23(1); Ord. of 5-23-23(2))

Sec. 25-170. - Lot requirements.

(a)

Minimum lot area.

(1)

For single-family attached dwellings: A minimum of two (2) acres are required in any single-family attached development. Two thousand (2,000) square feet per individual dwelling unit.

(2)

For multi-family dwellings: Two (2) acres.

(3)

Other uses: Eighty thousand (80,000) square feet.

(b)

Maximum density.

(1)

By right:

For single-family attached dwellings: Six (6.0) dwellings per net acre.

For multi-family dwellings: Eight (8.0) dwellings per acre.

(2)

By special exception:

For single-family attached dwellings: Twelve (12.0) dwellings per acre.

For multi-family dwellings: Twenty-four (24.0) dwellings per acre.

(c)

(d)

(e)

Minimum lot width.

One hundred (100) feet.

Single-family attached dwellings: Twenty-four (24) feet at the minimum setback line of the front yard.

(Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-171. - Building requirements; minimum yards.

(1)

Single-family attached dwellings.

Front: Twenty (20) feet; not more than seventy (70) percent of front yard shall be devoted to parking areas.

Corner: Twenty (20) feet.

Rear: Twenty (20) feet.

Groups of dwelling units.

A minimum of twelve (12) dwelling units are required in any single-family attached development.

The front facades of individual dwelling units shall be offset from adjoining units by a minimum of two (2) feet.

(2)

Multi-family structures.

Front: Fifty (50) feet.

Side: Twenty-five (25) feet; multi-family structures shall be separated a minimum of twenty-five (25) feet.

Rear: Twenty-five (25) feet.

(3)

Other Uses.

Front: Fifty (50) feet.

Side: Twenty-five (25) feet.

Rear: Twenty-five (25) feet.

(4)

Accessory buildings.

Five (5) feet from a side or rear lot line; not permitted in front yards.

(5)

Maximum height of buildings and structures.

Dwellings, single-family attached: Thirty-five (35) feet.

Dwellings, multi-family: Forty-five (45) feet.

Churches, libraries and schools: Sixty (60) feet.

Other uses: Thirty-five (35) feet.

(Res. No. 17-11-09, 11-28-17; Res. of 12-21-21)

Sec. 25-172. - Use limitations.

(a)

(b)

Minimum common open space. Any tract of land zoned R-4 which is developed with any number of single-family attached or multi-family dwellings:

(1)

Minimum ten (10) percent of the gross acreage of the tract shall be preserved as permanent, common open space. A minimum of fifty (50) percent of required common open space shall be developed with active recreation and/or passive recreational uses, such as, useable green space, pedestrian trails, public greenway trails, sidewalks; that are not located in public rights-of-way, swimming pools, tennis courts, dog parks, playgrounds and any similar uses at the sole discretion of the Zoning Administrator.

(2)

(3)

All active recreation space shall be suitably graded and equipped for active recreational facilities to serve the residents of the development.

(4)

All passive recreational space shall be located to preserve important site amenities and environmentally sensitive areas.

(5)

(Res. No. 17-11-09, 11-28-17)

Sec. 25-181.- Purpose.

(Res. of 1-1-02, § 2-701; Amd. of 10-28-08(1))

Sec. 25-182. - Permitted uses.

The following uses are permitted in PUD districts:

(1)

Single-family detached dwelling.

(2)

Single-family attached dwelling.

(3)

Duplex dwellings.

(4)

Multi-family dwelling.

(5)

Church.

(6)

School, public.

(7)

Parks, playgrounds, community centers and noncommercial recreational facilities, such as golf courses and tennis courts.

(8)

Neighborhood commercial retail and office uses that meet local shopping and business service needs.

(9)

Public utilities.

(10)

Accessory uses and structures clearly subordinate and incidental to the permitted principal uses and structures.

(11)

Home occupation, subject to standards of Section 25-435.

(12)

Temporary family health care structure.

(13)

Dwelling, mixed use.

(14)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-702; Amd. of 10-28-08(1); Res. No. 11-10-10, 10-25-11; Res. No. 16-12-15, 12-22-16; Ord. of 5-23-23(2))

Sec. 25-183. - Uses permissible by special exception.

Uses permitted by special exception in PUD districts:

(1)

Community center.

(2)

Country club.

(3)

Day care center.

(4)

Dwelling, accessory.

(5)

Fire, police and rescue station.

(6)

Golf course.

(7)

Park, lighted.

(8)

Playground, lighted.

(9)

Public utility trunk lines, other (gas, electric, communications).

(10)

Public utility trunk lines, water or sewer.

(11)

Public utility plants, other (gas, electric, communications).

(12)

Public utility plants, water or sewer.

(13)

Public utility substations (gas, electric, communications).

(14)

Public recycling collection points.

(15)

School, private.

(16)

Senior housing facility.

(17)

Senior assisted living facility.

(18)

Private roads.

(19)

Bed and breakfast, subject to standards of section 25-434.

(20)

Cabin or cottage, resort, subject to standards of section 25-434.

(21)

Boardinghouse, subject to standards of section 25-434.

(22)

Cabin or cottage, subject to standards of section 25-434.

(23)

Electric vehicle charging station, subject to the standards of section 25-448.

Sec. 25-184. - District requirements and allowable density.

(a)

(b)

A planned unit development may have a total, overall density of up to seven (7) units per net acre. Maximum internal densities for dwelling types are:

(1)

For multifamily: Sixteen (16) units per net acre.

(2)

For single-family attached: Eight (8) units per net acre.

(3)

For duplexes: Six (6) units per net acre.

(4)

For single-family detached: Four (4) units per net acre.

(5)

For dwelling, mixed use: No limit per net acre.

(Res. of 1-1-02, § 2-704; Amd. of 10-28-08(1); Res. No. 16-12-15, 12-22-16)

Sec. 25-185. - Lot requirements.

(a)

Single-family detached dwellings shall be on lots with minimum area of not less than eight thousand (8,000) square feet.

(b)

Duplex dwellings shall be on lots with a minimum area of not less than six thousand (6,000) square feet. Each lot shall have only one dwelling.

(c)

Single-family attached dwellings shall be on lots with a minimum area of not less than two thousand (2,000) square feet.

(d)

Multi-family detached dwellings shall be on lots with a minimum area of not less than forty thousand (40,000) square feet.

(e)

Maximum lot coverage is sixty (60) percent for structures and seventy-five (75) percent for impervious surfaces.

(f)

Minimum lot width and depth shall be as shown on the approved final development plan.

(g)

Maximum length to width ratio for each lot must not exceed 5 to 1.

(Res. of 1-1-02, § 2-705; Amd. of 10-28-08(1))

Sec. 25-186. - Building requirements.

Yard and setback requirements shall be as shown on the final approved development plan for each type of residential dwelling and for non-residential uses.

(Res. of 1-1-02, § 2-706; Amd. of 10-28-08(1))

Sec. 25-187. - Use limitations.

(a)

Availability of public services.

(1)

(2)

(3)

Provision of utilities and public facilities. The applicant shall:

Construct the utilities and facilities necessary to meet the county's standards for service delivery for the district.

(b)

Nonresidential uses.

(1)

Scale of commercial development. Commercial development serving the PUD district shall be allowed up to a maximum of no more than ten (10) percent of the total gross area in the PUD.

(2)

(c)

(d)

(Res. of 1-1-02, § 2-707; Amd. of 10-28-08(1); Res. No. 16-12-15, 12-22-16)

Sec. 25-188. - Special review procedures.

(a)

(b)

(c)

(1)

(2)

(3)

(4)

The existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines.

(5)

A general landscape plan indicating the treatment of materials used for private and common open spaces.

(6)

(7)

The proposed treatment of the perimeter of the PUD, including distances, materials and techniques used, such as screens, fences and walls.

(8)

(9)

Written documents, including the following:

A development schedule and/or precedence order indicating when construction of the PUD or stages of the PUD can be expected to begin and be completed.

(d)

Final development plan.

(1)

(2)

(3)

A change in the use or character of the development.

An increase in overall coverage of structures.

An increase in the intensity of use.

An increase in the loading on roadways or public utilities.

A reduction in approved open space.

(e)

(1)

(2)

(Res. of 1-1-02, § 2-708; Amd. of 10-28-08(1))

Sec. 25-201.- Purpose.

In addition to the purposes listed above, objectives of these traditional neighborhood development provisions are to:

• Allow residents to carry out many of life's activities within their neighborhood, including working, shopping, education and recreation.

• Provide a range and mix of retail, office, residential, and civic land uses, and dwelling types.

• Provide a transportation system that provides safe, comfortable and convenient movement for all forms of traffic, including motor vehicles, pedestrians and bicycles.

• Provide a system of civic spaces including parks, squares and public structures to create a sense of community.

• Avoid the common features of conventional, suburban development patterns, which include:

- Buildings spaced far apart from each other, and set far back from the street and sidewalk,

- Parking lots located between buildings and the street,

- Garages prominent at the fronts of dwellings,

- Streets designed for high speed traffic which makes pedestrian movement uncomfortable and unsafe, and

- Open spaces that are "left over" areas at the edges of neighborhoods and are not framed by buildings.

(Res. of 1-1-02, § 2-801; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17)

Sec. 25-202. - Development plan required.

(a)

The location and extent of:

A single, mixed-use core area.

One (1) or more residential edge areas.

Any workplace areas.

Buffer areas.

(b)

The general location of all streets, alleys and parking areas in each area.

(c)

The maximum gross and net densities, as defined herein, including dwelling unit types and lot sizes, of residential uses in each area of the development and for the entire development.

(d)

The maximum gross square feet of commercial and industrial uses in each area of the development and for the entire development.

(e)

The minimum area of civic uses, including parks, greens, squares and other public sites.

(f)

The general design and layout of streets, utilities, and stormwater management facilities, including:

Drawings of typical street cross-sections

Schematic sections through the buildings that front the streets

Conceptual design for parking areas and streetscape features

Conceptual design of the stormwater management system

Conceptual layout of proposed lot pattern for subdivision

A survey of the overall project perimeter boundary.

(g)

Natural and other open space areas.

(h)

Design guidelines for typical lots, buildings and structures.

(i)

Adjacent land uses and adjacent zoning.

(j)

Vicinity maps at no less than 1 inch = 2,000 feet scale.

(k)

A conceptual phasing plan showing the location, sequence, and relative timing of development of land uses, streets and utilities, including:

Location, acreage, number, and unit type of residential dwellings for each phase

Location, number and type of non-residential acreage and building square feet for each phase

Location, amount and type of streets for each phase

Location, amount of sewer and water facilities for each phase

Location, size and type of stormwater management facilities for each phase

(l)

Upon approval of the development plan, it shall become part of the zoning regulations governing all land within the designated project area.

(Res. of 1-1-02, § 2-802; Res. No. 05-06-16, 6-28-05; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17)

Sec. 25-203. - Size and designated areas.

(a)

A TND shall contain at least seventy-five (75) acres of contiguous land, and no greater than three hundred (300) total acres.

(b)

(1)

(2)

(3)

(4)

(Res. of 1-1-02, § 2-803; Amd. of 10-28-08(2))

Sec. 25-204. - Permitted uses.

(a)

Permitted uses within the designated core area of a traditional neighborhood development:

All permitted residential and civic uses of the R-1, R-2, R-3, and R-4 districts, except home agriculture.

All permitted residential, commercial and civic uses of the B-1 and B-2 districts for which the floor plate of structures does not exceed twenty thousand (20,000) square feet, and except hospitals.

Accessory dwelling units on SFD lots.

Structured parking facilities.

Dwelling, mixed use.

Dwelling, cottage up to a maximum of ten (10) percent of the total dwelling units within the core area.

(b)

Permitted uses within the designated edge area of a traditional neighborhood development:

All permitted residential and civic uses of the R-1 and R-2 districts.

Accessory dwelling units on single-family detached dwelling lots.

(c)

Permitted uses within the designated workplace areas of a traditional neighborhood development:

All permitted residential, commercial and civic uses of the B-1 and B-2 districts for which the floor plate of structures does not exceed twenty thousand (20,000) square feet.

Dwelling, mixed use.

(Res. of 1-1-02, § 2-804; Amd. of 10-28-08(2); Res. No. 16-12-15, 12-22-16; Res. No. 17-04-16, 4-25-17; Res. No. 18-11-11, 11-27-18; Ord. of 7-17-23(1))

Sec. 25-205. - Uses permitted by special exception.

(a)

Uses permitted by special exception within the designated core area of a traditional neighborhood development:

All residential and civic uses permitted by special exception in the R-1, R-2 and R-3 districts, including private streets.

All commercial and civic uses permitted by special exception in the B-1 and B-2 districts.

Uses permitted by right in the B-3 district.

Any drive-through facility.

Any permitted use in the B-1 and B-2 districts for which the floor plate of structures exceeds twenty thousand (20,000) square feet.

(b)

Uses permitted by special exception within the designated edge area of a traditional neighborhood development:

All residential and civic uses permitted by special exception in the R-1 and R-2 districts, and private streets.

(c)

Uses permitted by special exception within the designated workplace areas of a traditional neighborhood development:

Uses permitted by right in the M-1 and B-3 districts, except any use for which the floor plate of structures exceeds fifty thousand (50,000) square feet.

All industrial, commercial and civic uses permitted by special exception in the B-1 and B-2 districts, except solid waste collection points or recycling drop off or processing centers.

Private streets.

(Res. of 1-1-02, § 2-805; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17)

Sec. 25-206. - Residential lot and building requirements.

The following requirements pertain to the total of all residential uses in the traditional neighborhood development district, whether in the core area or edge area.

(a)

Required area for residential uses.

Minimum: Fifty (50) percent of the gross development area.

Maximum: Eighty-five (85) percent of the gross development area.

The total gross area designated for residential use shall be not less than the total combined gross area designated for non-residential uses.

(b)

Minimum lot area for residential uses.

Single-family detached dwellings: Four thousand (4,000) square feet.

Duplex dwellings: Eight thousand (8,000) square feet.

Cottage dwellings: One thousand (1,000) square feet.

Single-family attached dwellings: One thousand six hundred (1,600) square feet minimum.

Maximum of eight (8.0) single-family attached dwelling units connected together in one (1) group of units.

Multi-family structures: one thousand one hundred (1,100) square feet per unit.

(c)

Minimum lot width for residential uses.

For lots fronting public roads existing on the date of adoption of this chapter, two hundred (200) feet at the minimum setback line of the front yard.

For lots fronting new roads in the TND:

Single-family detached dwellings: Forty (40) feet.

Duplex dwellings: Forty-four (44) feet.

Single-family attached dwellings: Sixteen (16) feet.

Multi-family structures: Seventy-two (72) feet.

Cottage dwellings: Twenty-four (24) feet.

(d)

Maximum lot coverage.

Single-family detached, cottage, duplex and single-family attached dwelling units: Eighty (80) percent.

Multi-family structures: Ninety (90) percent.

(e)

Required yards for residential uses.

Front.

Single-family detached and duplex dwellings:

Minimum: Zero (0) feet in the core area; ten (10) feet in the edge area.

Maximum: Fifteen (15) in the core area; twenty-five (25) feet in the edge area, except no maximum setback for any residential lot of twenty thousand (20,000) square feet or greater.

Single-family attached and multi-family dwellings:

Minimum: Zero (0) feet in the core area; ten (10) feet in the edge area.

Maximum: Fifteen (15) feet.

Cottage dwellings:

Minimum: Zero (0) feet.

Maximum: Fifteen (15) feet.

Side.

Single-family detached and duplex dwellings:

Minimum: A minimum of five (5) feet and not less than fifteen (15) feet for both sides combined.

Maximum: None.

Single-family attached and multi-family dwellings:

Minimum: Five (5) feet and not less than fifteen (15) feet for both sides combined.

Maximum: None.

Cottage dwellings:

Minimum: Five (5) feet.

Maximum: None.

Rear.

Single-family detached, cottage, and duplex dwellings:

Minimum: Six (6) feet.

Maximum: None.

Single-family attached and multi-family dwellings:

Minimum: Twenty-five (25) feet.

Maximum: None.

(Also refer to additional setback requirements pertaining to residential uses near intensive agricultural operations).

Accessory buildings and garages.

Not closer than five (5) feet to a side or rear lot line; not permitted in front yards.

(f)

Separation of structures. Groups of single-family attached dwellings and multi-family structures shall be separated from each other by a minimum of fifteen (15) feet.

(g)

(h)

(i)

(Res. of 1-1-02, § 2-806; Amd. of 10-28-08(2); Res. No. 16-12-15, 12-22-16; Res. No. 17-04-16, 4-25-17; Res. No. 18-08-14, 8-28-18; Ord. of 7-17-23(1))

Sec. 25-207. - Commercial and industrial lot and building requirements.

The following requirements pertain to all commercial and industrial uses in the traditional neighborhood development, whether in the core area or a workplace area.

(a)

Total area for commercial and industrial uses. The total area for commercial and industrial uses shall not exceed thirty (30) percent of the gross development area.

Commercial uses:

Minimum: Five (5) percent of the gross development area.

Maximum: Twenty-five (25) percent of the gross development area.

Industrial uses:

Minimum: None.

Maximum: Fifteen (15) percent of the gross development area.

The total gross development area designated for residential use shall be not less than the total combined gross development area designated for non-residential uses.

(b)

Minimum lot area for commercial uses.

Commercial lots: One thousand (1,000) square feet.

(c)

Minimum lot width for commercial uses.

For lots on new roads built within the TND:

Commercial lots: Twenty (20) feet at the minimum front setback line.

For lots on public roads existing on the date of adoption of this chapter:

Commercial lots: Two hundred (200) feet at the minimum front setback line.

(d)

Maximum lot coverage for commercial and industrial uses. Ninety (90) percent.

(e)

Required yards for commercial uses.

Front.

Minimum: None. A sidewalk of at least eight (8) feet shall be provided along all lot frontages in which the setback is less than fifteen (15) feet.

Side.

Minimum: None.

Rear.

Minimum: Six (6) feet.

Accessory buildings. Not closer than six (6) feet to a side or rear lot line; not permitted in front yards.

(f)

(g)

(h)

On-street parking must be provided along commercial street frontages. All off-street parking must comply with Article IV, Division 3 of the Zoning Ordinance with the exception of the following:

The minimum number of parking spaces for the following uses shall be:

Banks - 1.0 per 250 sq. ft. Gross Floor Area (GFA), plus stacking area and bypass lane for any drive-in facility;

Medical care facility - 1.0 per 250 sq. ft. GFA;

Office, General, Professional and Administrative - 1.0 per 250 sq. ft. GFA;

Restaurant, full service - 1 per 100 sq. ft. GFA, except 1 per 250 sq. ft. when located in a multi-tenant building greater than 20,000 sq. ft. GFA.

Retail Stores and Shops - 1.0 per 250 sq. ft. GFA.

At least one entrance to every commercial building must be provided to access at least one façade that is adjacent to a street that is internal to the TND.

Streets must be interconnected, in accord with section 25-210(a).

Curb extensions must be provided at major intersections to facilitate pedestrian crossings.

(i)

Other building and lot requirements for industrial uses. Such requirements will be established by the board of supervisors in conjunction with special exception approvals.

(Res. of 1-1-02, § 2-807; Res. No. 05-06-16, 6-28-05; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17; Res. No. 18-08-14, 8-28-18; Ord. of 7-17-23(1))

Sec. 25-208. - Civic use requirements.

The following requirements pertain to all civic uses in the traditional neighborhood development, whether in the core area, edge areas or workplace areas.

(a)

Total area for civic uses.

Minimum: Two (2) percent of the gross development area must be designated for civic uses as defined herein.

Maximum: None.

Public utility uses shall not be included in this required percentage.

Parks and other open space uses shall not be included in this required percentage.

Churches may account for not more than half of this requirement (one (1) percent of total gross development area).

(b)

Required yards for civic uses.

Front.

Minimum: None. A sidewalk of at least eight (8) feet shall be provided along all lot frontages in which the setback is less than fifteen (15) feet.

Side.

Minimum: None.

Rear.

Minimum: Thirty-five (35) feet when served by a rear alley; no rear setback required when the rear of the lot also functions as a primary access point for pedestrian traffic.

Accessory buildings. Not closer than ten (10) feet to a side or rear lot line; not permitted in front or side yards.

(Res. of 1-1-02, § 2-808; Amd. of 10-28-08(2))

Sec. 25-209. - Parks, squares and open space requirements.

(a)

Natural (undisturbed) open space shall count toward no greater than twenty (20) percent of the total required area for parks, squares or other open space uses.

This open space requirement may be met by open space land designated within any of the other land use areas (residential, commercial, industrial).

(b)

Minimum lot area for parks, squares and other open space uses.

In meeting the requirements of subsection 25-209(a), a park, square or open space area shall be at least ten thousand (10,000) square feet.

No residential dwelling unit of the neighborhood shall be located more than one thousand four hundred (1,400) feet from the boundary of a park, square or open space property.

(Res. of 1-1-02, § 2-809; Amd. of 10-28-08(2))

Sec. 25-210. - Streets, alleys, paths, blocks and parking.

(a)

Culs-de-sac shall not exceed twenty (20) percent of the total length of streets in the traditional neighborhood district. Alleys are exempted from this calculation.

(b)

(c)

The following street sections shall be used as appropriate to the land uses and densities of the proposed network:

Type of Street	Typical ADT*	Design Speed	Right-of-Way	Paving	Parking
Neighborhood Center Boulevard	> 3,000	30 mph	72 feet	Two lanes at 18 feet; 8 feet median	Two sides
Neighborhood Center Main Street	> 2,000	20 mph	64 feet	36 feet	Two sides
Neighborhood Center Avenue	1,000 to 2,000	20 mph	60 feet	34 feet	Two sides
Mixed Residential Street	< 1,000	20 mph	48 feet	28 feet	Two sides
Mixed Residential Lane	< 500	20 mph	46 feet	26 feet	Two sides
Mixed Residential Side Street	< 500	20 mph	28 feet	20 feet	None
Alley (Primary Access)	< 300	15 mph	20 feet	18 feet	None
Alley (Secondary Access)	< 500	15 mph	18 feet	14 feet	None

*Average daily traffic volume.

(d)

(e)

(f)

Bicycle traffic shall be accommodated through the provision of designated, well-marked bicycle lanes and/or paths suitable for bicycle traffic.

(g)

Parking. Parking and loading spaces shall be provided as required in section 25-471 except that on-street as well as off-street parking spaces shall be counted toward satisfying the requirements.

On-street parking spaces assigned to a building or use shall be those spaces that abut the lot containing that building or use. All required handicapped parking spaces shall be provided off-street.

Off-street loading spaces shall be located behind principal structures and may be served directly or indirectly by alleys.

(Res. of 1-1-02, § 2-810; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17; Ord. of 7-17-23(1))

Sec. 25-211. - Property owners association.

(a)

Design guidelines and procedures for review and approval of structures and site plans.

(Res. of 1-1-02, § 2-811; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17; Ord. of 7-17-23(1))

Sec. 25-212. - Use limitations.

(a)

Public water and sewer service. All development within a traditional neighborhood district is required to be served by public (or community) water and sewer facilities.

(Res. of 1-1-02, § 2-812; Amd. of 10-28-08(2); Res. No. 17-04-16, 4-25-17; Res. No. 18-08-14, 8-28-18)

Sec. 25-213. - Reserved.

Editor's note— Res. No. 17-04-16, adopted April 25, 2017, repealed § 25-213, which pertained to impervious surface. See Code Comparative Table for complete derivation.

Sec. 25-221.- Purpose.

(Res. of 1-1-02, § 2-901)

Sec. 25-222. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Commercial uses serving the needs of a local neighborhood and having characteristics similar to:

Offices.

Day care centers.

(2)

Public uses, such as schools, churches, libraries, fire and rescue station, recycling collection point.

(3)

Accessory buildings in conjunction with permitted uses.

(4)

Telecommunications tower, attached, subject to the standards of section 25-441.

(5)

Cabin or cottage, subject to standards of Section 25-434.

(6)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-902; 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. 21-08-19, 8-24-21; Ord. of 5-23-23(2))

Sec. 25-223. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Convenience store.

(2)

Telecommunication tower, freestanding, subject to the standards of section 25-441.

(3)

Individual establishments or buildings larger than twenty thousand (20,000) square feet of gross leasable area.

(4)

Funeral home, without crematorium.

(5)

Smaller minimum district sizes in accord with section 25-224.

(6)

Medical care facility.

(7)

Bed and breakfast, subject to standards of section 25-434.

(8)

Boardinghouse, subject to standards of section 25-434.

(9)

Dwelling, mixed use.

(10)

Electric vehicle charging station, subject to the standards of section 25-488.

Sec. 25-224. - District requirements.

(a)

Minimum district size shall be three (3) acres, except that subject to special exception approval, minimum district size may be reduced to one (1) acre.

(b)

Maximum district size shall be ten (10) acres.

(Res. of 1-1-02, § 2-904)

Sec. 25-225. - Lot requirements.

(a)

Minimum lot area: Sixteen thousand (16,000) square feet.

(b)

(c)

(Res. of 1-1-02, § 2-905; Res. No. 11-10-10, 10-25-11; Res. No. 16-12-15, 12-22-16)

Sec. 25-226. - Building requirements.

(a)

Minimum yards.

(1)

Front: Twenty-five (25) feet.

(2)

Side: Ten (10) feet. (Twenty five (25) feet adjoining residential).

(3)

Rear: Ten (10) feet (Twenty-five (25) feet adjoining residential).

(b)

Maximum height of buildings and structures: Thirty-five (35) feet.

(c)

(1)

Parking is located behind principal building.

(2)

(Res. of 1-1-02, § 2-906)

Sec. 25-227. - Use limitations.

(Res. of 1-1-02, § 2-907; Res. No. 16-12-15, 12-22-16)

Sec. 25-241.- Purpose.

(Res. of 1-1-02, § 2-1001)

Sec. 25-242. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

All permitted uses allowed in business district B-1.

(2)

(3)

Meat and poultry shops (slaughtering on-premises prohibited).

(4)

Hospitals and nursing homes.

(5)

Funeral home, crematorium.

(6)

Cemeteries.

(7)

Veterinary or animal hospitals or clinics, provided they are fully enclosed without exterior runs, kennels or yards for animals.

(8)

Public utilities, such as poles, lines, pipes, meters and other facilities necessary for provision or maintenance, including water and sewerage distribution or collection facilities.

(9)

Day care centers.

(10)

Upholstery shops.

(11)

Accessory buildings in conjunction with permitted uses.

(12)

Equipment rental and leasing, not elsewhere classified.

(Res. of 1-1-02, § 2-1002; 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. 21-03-15, 3-23-21; Res. No. 22-03-11, 3-22-22)

Sec. 25-243. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Public billiard parlors and poolrooms.

(2)

Bowling alleys.

(3)

Dance halls, assembly halls, clubs and lodges.

(4)

Golf driving ranges.

(5)

Outdoor theatres (drive-in theatres).

(6)

Flea markets.

(7)

Video game rooms/arcades.

(8)

Telecommunication tower, freestanding, subject to the standards of section 25-441.

(9)

Service stations.

(10)

Convenience stores.

(11)

Veterinary hospital with exterior animal runs.

(12)

Smaller minimum district sizes in accord with section 25-244.

(13)

Commercial recreation uses, indoor.

(14)

Commercial recreation uses, outdoor.

(15)

Car washes.

(16)

Medical care facility.

(17)

Vehicle repair, light.

(18)

Boardinghouses, subject to the standards of section 25-434.

(19)

Bed and breakfast, subject to standards of section 25-434.

(20)

Dwelling, mixed use.

(21)

Lumber and building supplies sales.

(22)

Electric vehicle charging station, subject to the standards of section 25-448.

(23)

Solar energy facility, minor-scale, ground-mounted.

(24)

Retail sales, large format, in accord with standards of section 25-445.

Sec. 25-244. - District requirements.

(a)

Minimum district size shall be five (5) acres, except that subject to special exception approval, minimum district size may be reduced to two (2) acres.

(b)

Maximum district size shall be twenty (20) acres.

(Res. of 1-1-02, § 2-1004)

Sec. 25-245. - Lot requirements.

(a)

Minimum lot area: Thirty thousand (30,000) square feet.

(b)

(Res. of 1-1-02, § 2-1005; Res. No. 11-10-10, 10-25-11)

Sec. 25-246. - Building requirements.

(a)

Minimum yards.

(1)

Front: Twenty-five (25) feet.

(2)

Side: Ten (10) feet. (Fifty (50) feet adjoining residential).

(3)

Rear: Ten (10) feet (Fifty (50) feet adjoining residential).

(b)

(c)

(1)

Parking is located behind principal building;

(2)

Parking is screened from public road view with berms at least two and one-half (2.5) feet in height and/or coniferous landscaping; or

(3)

Parking lot landscaping is increased by at least fifty (50) percent over minimum requirements.

(d)

Maximum height of buildings and structures: Thirty-five (35) feet.

(Res. of 1-1-02, § 2-1006; Res. No. 11-10-10, 10-25-11; Res. No. 16-12-15, 12-22-16)

Sec. 25-247. - Use limitations.

(Res. of 1-1-02, § 2-1007; Res. No. 16-12-15, 12-22-16)

Sec. 25-261.- Purpose.

(Res. of 1-1-02, § 2-1101)

Sec. 25-262. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Automobile, truck (light), trailer, motorcycle, recreational vehicles, modular homes and mobile home sales, and rental, including towing service, but not auto salvage or junk operations.

(2)

Lumber and building supplies sales.

(3)

Farm machinery sales and service.

(4)

Car and truck washes, automatic or otherwise.

(5)

Feed and seed stores.

(6)

Laboratories, pharmaceutical and/or medical.

(7)

Plumbing supplies storage.

(8)

Minor manufacture of musical instruments, toys, novelties and rubber and metal stamps.

(9)

(10)

Accessory buildings in conjunction with permitted uses.

(11)

Public utilities, such as poles, lines, pipes, meters and other facilities necessary for provision or maintenance, including water and sewerage distribution or collection facilities.

(12)

Telecommunications tower, attached, subject to the standards of section 25-441.

(13)

Donation Collection Center.

(14)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-1102; Res. No. 07-08-16, 8-28-07; Res. No. 11-10-10, 10-25-11; Res. No. 22-03-10, 3-22-22; Ord. of 5-23-23(2))

Sec. 25-263. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Video game room/arcade.

(2)

Day care center.

(3)

Establishments primarily engaged in the wholesale distribution of goods.

(4)

Mini-warehouses.

(5)

Automobile painting and body shops provided that there shall be no outdoor storage of damaged automobiles, equipment, auto parts or other materials.

(6)

Truck (heavy), and bus repair.

(7)

Telecommunication tower, freestanding, subject to the standards of section 25-441.

(8)

Adult uses, as defined herein.

(9)

Light auto/truck repair.

(10)

Commercial recreation uses, indoor.

(11)

Commercial recreation uses, outdoor.

(12)

Retail sales, large format, in accord with standards of Section 25-445.

(13)

Grain silo, commercial.

(14)

Solar energy facility, minor-scale, ground-mounted.

(Res. of 1-1-02, § 2-1103; Res. No. 11-10-10, 10-25-11; Res. No. 13-03-12, 3-26-13; Res. No. 18-09-21, 9-25-18; Ord. of 5-23-23(2))

Sec. 25-264. - District requirements.

(a)

Minimum district size shall be seven (7) acres, except that subject to special exception approval, minimum district size may be reduced to four (4) acres.

(b)

Maximum district size shall be thirty (30) acres.

(Res. of 1-1-02, § 2-1104)

Sec. 25-265. - Lot requirements.

(a)

Minimum lot area: Forty thousand (40,000) square feet.

(b)

(Res. of 1-1-02, § 2-1105; Res. No. 11-10-10, 10-25-11)

Sec. 25-266. - Building requirements.

(a)

Minimum yards.

(1)

Front: Twenty-five (25) feet.

(2)

Side: Fifteen (15) feet. (Seventy-five (75) feet adjoining residential).

(3)

Rear: (15) feet. (Seventy-five (75) feet adjoining residential).

(b)

Maximum density. Maximum floor area ratio: 0.35; impervious surfaces on any lot shall not exceed seventy (70) percent of the lot area.

(c)

(1)

Parking is located behind principal building;

(2)

Parking is screened from public road view with berms at least two and one-half (2.5) feet in height and/or coniferous landscaping; or

(3)

Parking lot landscaping is increased by at least fifty (50) percent over minimum requirements.

(d)

Maximum height of buildings and structures: Forty-five (45) feet.

(Res. of 1-1-02, § 2-1106; Res. No. 11-10-10, 10-25-11)

Sec. 25-267. - Use limitations.

(a)

(b)

(c)

Car and truck washes shall have adequate stacking space for all vehicles and shall be provided off of the street for each washing lane.

(Res. of 1-1-02, § 2-1107; Res. No. 18-09-21, 9-25-18)

Sec. 25-281.- Purpose.

(Res. of 1-1-02, § 2-1201)

Sec. 25-282. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

Any use permitted by right in either the B-1 or B-2 zoning district.

(Res. of 1-1-02, § 2-1202)

Sec. 25-283. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Any use permitted by special exception in either the B-1 or B-2 zoning district, excluding commercial recreation uses, outdoor, other than golf driving ranges, bed and breakfast, and boardinghouse.

(2)

Video game room, arcade.

(3)

Commercial recreation uses, indoor.

(4)

Assisted living facility.

(5)

Dwelling, mixed use.

(6)

Maximum height up to sixty (60) feet.

Sec. 25-284. - District requirements.

Minimum and maximum district sizes for the types of shopping centers:

Type	Minimum	Maximum
Neighborhood	4 acres	9 acres
Community	7 acres	25 acres
Regional	25 acres	50 acres

(Res. of 1-1-02, § 2-1204)

Sec. 25-285. - Lot requirements.

(a)

Minimum lot area.

For neighborhood shopping centers: Sixteen thousand (16,000) square feet.

For community and regional shopping centers: Forty thousand (40,000) square feet.

(b)

Maximum density.

For neighborhood shopping centers:

For community and regional shopping centers:

(c)

Minimum lot width: One hundred (100) feet.

(Res. of 1-1-02, § 2-1205; Res. No. 16-12-15, 12-22-16)

Sec. 25-286. - Building requirements.

(a)

Minimum yards (building setback).

(1)

For neighborhood shopping centers:

Front: Eighty (80) feet plus distance of impervious surfaces, except setback shall be twenty-five (25) feet when:

Parking is located behind the principal building;

When parking screened from public road view with berms and/or evergreen (coniferous) landscaping; or

When parking lot landscaping is increased by at least fifty (50) percent over minimum requirements.

Side: Ten (10) feet. (Twenty-five (25) feet adjoining residential district).

Rear: Ten (10) feet (Twenty-five (25) feet adjoining residential district).

(2)

For community and regional shopping centers:

Front: Eighty (80) feet plus distance of impervious surfaces, except setback shall be forty (40) feet when:

Parking is located behind the principal building;

When parking screened from public road view with berms and/or evergreen (coniferous) landscaping; or

When parking lot landscaping is increased by at least fifty (50) percent over minimum requirements.

Side: Ten (10) feet. (Fifty (50) feet adjoining residential district).

Rear: Ten (10) feet. (Fifty (50) feet adjoining residential district).

(b)

Maximum height of buildings and structures: Forty-five (45) feet, except by special exception up to a maximum of sixty (60) feet.

(Res. of 1-1-02, § 2-1206; Res. No. 21-11-23, 11-23-21)

Sec. 25-287. - Use limitations.

(a)

(b)

Road access. All development within the SC district is required to:

(1)

All SC types shall have direct access to a collector roadway, which shall be a road within the VDOT system.

(c)

(Res. of 1-1-02, § 2-1207; Res. No. 16-12-15, 12-22-16)

Sec. 25-301.- Purpose.

(Res. of 1-1-02, § 2-1301)

Sec. 25-302. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter and all other applicable regulations.

(1)

Offices.

(2)

Bank or financial institution.

(3)

Health and fitness center.

(4)

Accessory uses in the same building as the permitted principal uses primarily served, and occupying not more than twenty (20) percent of the floor area of such building:

Central reproduction and mailing services, and the like.

Restaurant, including carryout, but excluding drive-through.

Establishments for sale of office supplies and service of office equipment.

Establishments for sale of concessions and print media.

Pharmacies, laboratories, testing, engineering, research and developmental offices, and establishments for the production, fitting or sale of optical or prosthetic appliances.

Personal service establishments.

(5)

Educational institution.

(6)

Printing service.

(7)

Conference or training center.

(8)

Library.

(9)

(10)

Day care center.

(11)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-1302; Ord. of 5-23-23(2))

Sec. 25-303. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Hospital.

(2)

Hotel, motel.

(3)

Radio, radar, television, and telecommunication tower.

(4)

Medical care facility, outpatient only.

(5)

Fire, police, and rescue station.

(6)

Restaurant, excluding drive-through facilities

(7)

Public utility service center.

(8)

Radio and television broadcasting and/or recording studio.

(9)

Public utilities, above ground.

(10)

Heliport.

(11)

Solar energy facility, minor-scale, ground-mounted.

(Res. of 1-1-02, § 2-1303; Res. No. 13-04-18, 4-23-13; Ord. of 5-23-23(2))

Sec. 25-304. - District requirements.

(Res. of 1-1-02, § 2-1304)

Sec. 25-305. - Lot requirements.

(a)

Minimum lot area: One (1) acre. Forty-three thousand, five hundred sixty (43,560) square feet.

(b)

Minimum lot width: One hundred fifty (150) feet.

(Res. of 1-1-02, § 2-1305)

Sec. 25-306. - Building requirements.

(a)

Minimum yards.

(1)

Front: Fifty (50) feet.

(2)

Side: Ten (10) feet. (Twenty-five (25) feet adjoining residential).

(3)

Rear: Ten (10) feet (Twenty-five (25) feet adjoining residential).

No parking area shall be within ten (10) feet of any side or rear property line.

(b)

Maximum density. Maximum floor area ratio: 0.35. Impervious surfaces on any lot shall not exceed sixty-five (65) percent of the lot area.

(c)

(d)

Maximum height of buildings and other structures: Thirty-five (35) feet.

(Res. of 1-1-02, § 2-1306; Res. No. 11-10-10, 10-25-11)

Sec. 25-307. - Use limitations.

(a)

(b)

All utilities installed within the planned office park district POP shall be installed underground except where not technically feasible.

(c)

(d)

Road access. All development within the POP district is required to:

•Be served by direct access to a collector roadway which shall be a road within the VDOT system.

•Have a minimum frontage of one hundred fifty (150) feet on a VDOT road.

(Res. of 1-1-02, § 2-1307)

Sec. 25-321.- Purpose.

(Res. of 1-1-02, § 2-1401)

Sec. 25-322. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

(2)

Day care center.

(3)

Agriculture, horticulture, forestry.

(4)

Cabinet, furniture and upholstery shops.

(5)

Radio and television recording studio.

(6)

Monumental stone works.

(7)

(8)

Mini-warehouses.

(9)

Wholesale businesses and storage warehouses

(10)

Offices.

(11)

Laboratories, pharmaceutical and/or medical uses.

(12)

Commuter parking lot.

(13)

Conference or training center.

(14)

Auto body repair.

(15)

Telecommunications towers, attached, subject to standards of section 25-441.

(16)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-1402; Ord. of 5-23-23(2))

Sec. 25-323. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

(2)

Truck terminals.

(3)

Truck complexes.

(4)

Telecommunication tower, freestanding, subject to the standards of section 25-441.

(5)

Coal and wood yards.

(6)

Civic, social, fraternal meeting place.

(7)

Facilities for fitness, lessons in dance, sport skills.

(8)

Hotel or motel.

(9)

Hospital.

(10)

Water or sewerage treatment plant.

(11)

Utility substation.

(12)

Bank or financial institution.

(13)

Contractor service establishment, excluding retail sales.

(14)

Public recycling collection points.

(15)

Outdoor recreation establishment.

(16)

Government buildings, functions.

(17)

Individual well and septic systems approved by the state health department.

(18)

Vehicle repair, heavy.

(19)

Heliport.

(20)

Materials recovery facility.

(21)

Solar energy facility, minor-scale, ground-mounted.

(Res. of 1-1-02, § 2-1403; Res. No. 11-12-08, 12-20-11; Res. No. 13-04-18, 4-23-13; Res. No. 19-01-16, 1-22-19; Ord. of 5-23-23(2))

Sec. 25-324. - District requirements.

Minimum district area: Ten (10) acres, except that subject to special exception approval, minimum district size may be reduced to no less than three (3) acres.

(Res. of 1-1-02, § 2-1404; Res. No. 02-06-19, 6-18-02)

Sec. 25-325. - Lot requirements.

(a)

Minimum lot area: One (1) acre.

(b)

Minimum lot width: One hundred (100) feet.

(Res. of 1-1-02, § 2-1405)

Sec. 25-326. - Building requirements.

(a)

Minimum yards.

(1)

Front: Twenty-five (25) feet.

(2)

Side: Ten (10) feet. (Fifty (50) feet adjoining residential).

(3)

Rear: Thirty (30) feet. (Fifty (50) feet adjoining residential).

(b)

Maximum density. Maximum floor area ratio: 0.50; impervious surfaces on any lot shall not exceed seventy (70) percent of the lot area.

(c)

(d)

(Res. of 1-1-02, § 2-1406; Res. No. 11-10-10, 10-25-11)

Sec. 25-327. - Use limitations.

(a)

(b)

(c)

(d)

Noise. Noise levels generated on-site shall comply with Article II Noise, of the Noise Ordinance of the Botetourt County Code.

(Res. of 1-1-02, § 2-1407)

Sec. 25-341.- Purpose.

(Res. of 1-1-02, § 2-1501)

Sec. 25-342. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

(2)

Sawmills and planing mills.

(3)

Contractor's equipment storage or yard, or rental of equipment used by contractors, including well drilling operations.

(4)

Beverage processors, bottlers and distributors.

(5)

Blacksmith shop, welding or machine shop, excluding punch presses exceeding forty-ton rated capacity, and drop hammers.

(6)

(7)

Bakery, commercial.

(8)

Dry cleaning plant.

(9)

Heavy equipment, tractor-trailer, and specialty vehicle sales, rental, repair and accessory service.

(10)

Motor vehicle service and repair, light and heavy.

(11)

Public utility service center, with or without outdoor storage yard.

(12)

Contractor service establishment, excluding retail sales

(13)

Moving and storage company.

(14)

All uses permitted by right in M-1.

(15)

Telecommunications tower, attached, subject to the standards of section 25-441.

(Res. of 1-1-02, § 2-1502; Res. No. 11-10-10, 10-25-11)

Sec. 25-343. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

(2)

Telecommunication tower, freestanding, subject to the standards of section 25-441.

(3)

Truck terminals.

(4)

Truck complexes.

(5)

Water or sewerage treatment plant.

(6)

Utility substation.

(7)

Public recycling collection points.

(8)

Government buildings, functions.

(9)

Radio and TV broadcasting, relay station.

(10)

Individual well and septic systems approved by the state health department.

(11)

Reduction in the minimum district size from ten (10) acres to no less than three (3) acres.

(12)

Trucking company.

(13)

Heliport.

(14)

Convenience center.

(15)

Materials recovery facility.

(16)

Transfer station.

(17)

Electric vehicle charging station, subject to the standards of section 25-448.

(18)

Solar energy facility, minor-scale, ground-mounted.

(19)

Solar energy facility, utility-scale.

Sec. 25-344. - District requirements.

Minimum district area: Ten (10) acres, except that subject to special exception approval, minimum district size may be reduced to no less than three (3) acres.

(Res. of 1-1-02, § 2-1504; Res. No. 07-01-15, 1-23-07)

Sec. 25-345. - Lot requirements.

(a)

Minimum lot area: One (1) acre.

(b)

Minimum lot width: One hundred (100) feet.

(Res. of 1-1-02, § 2-1505)

Sec. 25-346. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet.

(2)

Side: Twenty (20) feet. (Seventy-five (75) feet adjoining residential).

(3)

Rear: Forty (40) feet. (Seventy-five (75) feet adjoining residential).

(b)

Maximum density. Maximum floor area ratio: 0.50; impervious surfaces on any lot shall not exceed seventy (70) percent of the lot area.

(c)

(d)

(Res. of 1-1-02, § 2-1506; Res. No. 11-10-10, 10-25-11)

Sec. 25-347. - Use limitations.

(a)

(b)

(c)

(d)

Noise. Noise levels generated on-site shall comply with Article II Noise, of the Noise Ordinance of the Botetourt County Code.

(Res. of 1-1-02, § 2-1507; Res. No. 06-07-13, 7-25-2006)

Sec. 25-361.- Purpose.

(Res. of 1-1-02, § 2-1601)

Sec. 25-362. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Livestock and auction markets.

(2)

Acid manufacture.

(3)

Exploration and extraction of gas, oil and other minerals, including quarries.

(4)

Mineral processing operations, such as crushing plants; cement, lime and gypsum manufacturing; masonry block and brick manufacturing; and asphalt plants.

(5)

Fertilizer manufacture.

(6)

Petroleum manufacture, including by-products.

(7)

Petroleum storage.

(8)

Pulp and paper manufacture.

(9)

Slaughterhouse, including meat, poultry and fish processing.

(10)

Steel fabricating plants.

(11)

(12)

Animal hospital, veterinary service.

(13)

Crematorium.

(14)

Telecommunications tower, attached, subject to the standards of section 25-441.

(15)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-1602; Ord. of 5-23-23(2))

Sec. 25-363. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Automobile graveyards.

(2)

Junkyards.

(3)

Landfills.

(4)

Transfer station.

(5)

Telecommunication tower, freestanding, subject to standards of section 25-441.

(6)

Shooting range.

(7)

Concrete mixing, storage plant.

(8)

Sawmill, wood processing facility.

(9)

Stump processing plant.

(10)

Kennel, commercial.

(11)

Explosive storage facility.

(12)

Individual well and septic systems approved by the state health department.

(13)

Public recycling collection points.

(14)

Convenience center.

(15)

Materials recovery facility.

(16)

Recovered material processing facility.

(17)

Electric vehicle charging station, subject to the standards of section 25-448.

(18)

Solar energy facility, minor-scale, ground-mounted.

(19)

Solar energy facility, utility-scale.

(Res. of 1-1-02, § 2-1603; Res. No. 06-07-13, 7-25-06; Res. No. 11-10-10, 10-25-11; Res. No. 19-01-16, 1-22-19; Ord. of 5-23-23(1); Ord. of 5-23-23(2))

Sec. 25-364. - District requirements.

Minimum district size: Twenty (20) acres.

(Res. of 1-1-02, § 2-1604)

Sec. 25-365. - Lot requirements.

(a)

Minimum lot area: One (1) acre.

(b)

Maximum floor area ratio: 0.50; impervious surfaces on any lot shall not exceed seventy (70) percent of the lot area.

(c)

Minimum lot width: One hundred (100) feet.

(Res. of 1-1-02, § 2-1605; Res. No. 11-10-10, 10-25-11)

Sec. 25-366. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet.

(2)

Side: Forty (40) feet. (One hundred (100) feet adjoining residential).

(3)

Rear: Fifty (50) feet. (One hundred (100) feet adjoining residential).

(b)

(c)

(Res. of 1-1-02, § 2-1606; Res. No. 11-10-10, 10-25-11)

Sec. 25-367. - Use limitations.

(a)

(b)

(c)

(d)

Noise. Noise levels generated on-site shall comply with Article II Noise, of the Noise Ordinance of the Botetourt County Code.

(Res. of 1-1-02, § 2-1607; Res. No. 06-07-13, 7-25-2006)

Sec. 25-381.- Purpose.

(Res. of 1-1-02, § 2-1701)

Sec. 25-382. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Day care center.

(2)

Agriculture, horticulture, forestry.

(3)

Beverage processors, bottlers and distributors.

(4)

Cabinet, furniture and upholstery shops.

(5)

Commuter parking lot.

(6)

Conference or training center.

(7)

Educational institution.

(8)

Fire, police, and rescue station.

(9)

Health and fitness center.

(10)

(11)

Mini-warehouses.

(12)

Monumental stone works.

(13)

Printing service.

(14)

Library.

(15)

(16)

Radio and television broadcasting and/or recording studio.

(17)

Retail sales not to exceed twenty (20) percent of the total gross leasable area of the development.

(18)

Wholesale businesses and storage warehouses.

(19)

Accessory uses in a building with a permitted principal use and occupying not more than twenty (20) percent of the floor area of such building.

Central reproduction and mailing services, and the like.

Restaurant, including carryout, but excluding drive-through.

Establishments for sale of office supplies and service of office equipment.

Establishments for sale of concessions and print media.

Pharmacies, laboratories, testing, engineering, research and developmental offices, and establishments for the production, fitting or sale of optical or prosthetic appliances.

(20)

Solar energy facility, minor-scale, roof-mounted.

(Res. of 1-1-02, § 2-1702; Ord. of 5-23-23(2))

Sec. 25-383. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations:

(1)

Civic, social, fraternal meeting place.

(2)

Contractor's service, equipment storage, yard, rental of equipment used by contractors, well drilling operations, with retail sales only as a subordinate use.

(3)

Facilities for fitness, lessons in dance, sport skills.

(4)

Government buildings, functions.

(5)

Hospital.

(6)

Hotel or motel.

(7)

Laboratories, pharmaceutical and/or medical uses.

(8)

Manufacture, compounding, processing, packaging or treatment of articles (of sizes less than four hundred (400) cubic feet) or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, clay, shale, stone, metals, shells, straw, textiles, tobacco, wood, yarn and paint.

(9)

Materials recovery facility.

(10)

Medical care facility, outpatient only.

(11)

Offices.

(12)

Outdoor recreation establishment.

(13)

Public utility generating, and facilities and water and sewerage installations.

(14)

Public utility service center.

(15)

Radio, radar, television, and telecommunication tower.

(16)

Railroad facilities other than trackage.

(17)

Public recycling collection point.

(18)

Restaurant, excluding drive-through facilities.

(19)

Sawmills and planing mills.

(20)

Truck complexes.

(21)

Truck terminals.

(22)

Water or sewerage treatment plant.

(23)

Welding or machine shop, excluding punch presses exceeding forty-ton rated capacity, and drop hammers.

(24)

(25)

Solar energy facility, minor-scale, ground-mounted.

(Res. of 1-1-02, § 2-1703; Res. No. 19-01-16, 1-22-19; Ord. of 5-23-23(2))

Sec. 25-384. - District requirements.

Minimum district size: Twenty (20) acres.

Incremental and contiguous additions of a minimum of one (1) acre to an existing PIP zoning district shall be permitted.

(Res. of 1-1-02, § 2-1704)

Sec. 25-385. - Lot requirements.

(a)

Minimum lot area: One (1) acre. Forty-three thousand, five hundred sixty (43,560) square feet.

(b)

Minimum lot width: One hundred (100) feet.

(Res. of 1-1-02, § 2-1705)

Sec. 25-386. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet.

(2)

Side: Ten (10) feet. (Fifty (50) feet adjoining residential).

(3)

Rear: Ten (10) feet. (Fifty (50) feet adjoining residential).

No parking area shall be within ten (10) feet of any side or rear property line. (Fifty (50) feet adjoining residential).

(b)

Maximum density. Maximum floor area ratio: 0.35. Impervious surfaces on any lot shall not exceed sixty-five (65) percent of the lot area.

(c)

(d)

Maximum height of buildings and other structures: Forty-five (45) feet.

(Res. of 1-1-02, § 2-1706)

Sec. 25-387. - Use limitations.

(a)

(b)

Access. Lot access for PIP districts or lots shall not be provided through residential districts, residential areas of planned districts, or residential subdivisions in the A-1 or RR districts.

(c)

All utilities installed within the planned industrial park district PIP shall be installed underground except where not technically feasible.

(d)

Noise. Noise levels generated on-site shall comply with Article II Noise, of the Noise Ordinance of the Botetourt County Code.

(Res. of 1-1-02, § 2-1707)

Sec. 25-391.- Purpose.

(Res. No. 14-05-12, 5-27-14)

Sec. 25-392. - Permitted uses.

The following uses are permitted by right, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

(2)

Welding or machine shop, excluding punch presses exceeding forty-ton rated capacity, and drop hammers.

(3)

(4)

Laboratories, engineering, research, testing and developmental facilities related to the manufacture, processing, fabrication and/or assembly of products permitted in the RAM district.

(5)

(6)

(7)

Conference or training center.

(8)

Commuter parking lot.

(9)

Bakery, commercial.

(10)

Workforce, technical and trade academy.

(11)

In addition to the accessory uses permitted in section 25-431(c) of this chapter, the following and similar accessory uses shall be permitted:

Non-public uses intended for the benefit of employees and guests of existing on-site primary permitted uses, such as but not limited to cafeterias, mailing services, concessions and the like.

Public uses which are primarily for the purpose of promoting the products and/or services of the primary permitted use, such as but not limited to gift shops, restaurants, stores and the like.

(12)

Solar energy facility, minor-scale, roof-mounted.

(Res. No. 14-05-12, 5-27-14; Ord. of 5-23-23(2))

Sec. 25-393. - Uses permissible by special exception.

The following uses may be permitted by the board of supervisors as special exception uses, subject to compliance with all other requirements of this chapter, and all other applicable regulations.

(1)

Telecommunication tower subject to the standards of section 25-441.

(2)

Water or sewerage treatment plant.

(3)

Utility substation.

(4)

Government buildings, functions.

(5)

Radio and TV broadcasting, relay station.

(6)

Heliport.

(7)

Hospital.

(8)

Welding or machine shop including punch presses exceeding forty-ton rated capacity and drop hammers.

(9)

Day care center

(10)

Recovered material processing facility.

(11)

Electric vehicle charging station, subject to the standards of section 25-448.

(12)

Solar energy facility, minor-scale, ground-mounted.

(Res. No. 14-05-12, 5-27-14; Res. No. 19-01-16, 1-22-19; Ord. of 5-23-23(1); Ord. of 5-23-23(2))

Sec. 25-394. - District requirements.

Minimum district area: Ten (10) acres, except that subject to special exception approval, minimum district size may be reduced to no less than five (5) acres.

(Res. No. 14-05-12, 5-27-14)

Sec. 25-395. - Lot requirements.

(a)

Minimum lot area: One (1) acre.

(b)

Minimum lot width: One hundred (100) feet.

(Res. No. 14-05-12, 5-27-14)

Sec. 25-396. - Building requirements.

(a)

Minimum yards.

(1)

Front: Forty (40) feet.

(2)

Side: Twenty (20) feet. (Seventy-five (75) feet adjoining residential.)

(3)

Rear: Forty (40) feet. (Seventy-five (75) feet adjoining residential.)

(b)

Maximum density. Maximum floor area ratio: 0.50; impervious surfaces on any lot shall not exceed seventy (70) percent of the lot area.

(c)

(d)

(Res. No. 14-05-12, 5-27-14)

Sec. 25-397. - Use limitations.

(a)

(b)

(c)

(d)

(e)

All utility lines, electric, telephone, cable lines etc. shall be placed under ground.

(Res. No. 14-05-12, 5-27-14)

Botetourt County UnincorporatedCity Zoning Code

ARTICLE II

Sec. 25-71.- Purpose.

Sec. 25-72. - Permitted uses.

Sec. 25-73. - Uses permissible by special exception.

Sec. 25-74. - Lot requirements.

Sec. 25-75. - Building requirements.

Sec. 25-76. - Use limitations.

Sec. 25-91.- Purpose.

Sec. 25-92. - Permitted uses.

Sec. 25-93. - Uses permissible by special exception.

Sec. 25-94. - Lot requirements.

Sec. 25-95. - Building requirements.

Sec. 25-96. - Use limitations.

Sec. 25-111.- Purpose.

Sec. 25-112. - Permitted uses.

Sec. 25-113. - Uses permissible by special exception.

Sec. 25-114. - Lot requirements.

Sec. 25-115. - Building requirements.

Sec. 25-121.- Purpose.

Sec. 25-122. - Permitted uses.

Sec. 25-123. - Uses permissible by special exception.

Sec. 25-124. - Lot requirements.

Sec. 25-125. - Building requirements.

Sec. 25-126. - Use limitations.

Sec. 25-141.- Purpose.

Sec. 25-142. - Permitted uses.

Sec. 25-143. - Uses permissible by special exception.

Sec. 25-144. - Lot requirements.

Sec. 25-145. - Building requirements.

Sec. 25-146. - Use limitations.

Sec. 25-161.- Purpose.

Sec. 25-162. - Permitted uses.

Sec. 25-163. - Uses permissible by special exception.

Sec. 25-164. - Lot requirements.

Sec. 25-165. - Building requirements; minimum yards.

Sec. 25-166. - Use limitations.

Sec. 25-167.- Purpose.

Sec. 25-168. - Permitted uses.

Sec. 25-169. - Uses permissible by special exception.

Sec. 25-170. - Lot requirements.

Sec. 25-171. - Building requirements; minimum yards.

Sec. 25-172. - Use limitations.

Sec. 25-181.- Purpose.

Sec. 25-182. - Permitted uses.

Sec. 25-183. - Uses permissible by special exception.

Sec. 25-184. - District requirements and allowable density.

Sec. 25-185. - Lot requirements.

Sec. 25-186. - Building requirements.

Sec. 25-187. - Use limitations.

Sec. 25-188. - Special review procedures.

Sec. 25-201.- Purpose.

Sec. 25-202. - Development plan required.

Sec. 25-203. - Size and designated areas.

Sec. 25-204. - Permitted uses.

Sec. 25-205. - Uses permitted by special exception.

Sec. 25-206. - Residential lot and building requirements.

Sec. 25-207. - Commercial and industrial lot and building requirements.

Sec. 25-208. - Civic use requirements.

Sec. 25-209. - Parks, squares and open space requirements.

Sec. 25-210. - Streets, alleys, paths, blocks and parking.

Sec. 25-211. - Property owners association.

Sec. 25-212. - Use limitations.

Sec. 25-213. - Reserved.

Sec. 25-221.- Purpose.

Sec. 25-222. - Permitted uses.

Sec. 25-223. - Uses permissible by special exception.

Sec. 25-224. - District requirements.

Sec. 25-225. - Lot requirements.

Sec. 25-226. - Building requirements.

Sec. 25-227. - Use limitations.

Sec. 25-241.- Purpose.

Sec. 25-242. - Permitted uses.

Sec. 25-243. - Uses permissible by special exception.

Sec. 25-244. - District requirements.

Sec. 25-245. - Lot requirements.

Sec. 25-246. - Building requirements.

Sec. 25-247. - Use limitations.

Sec. 25-261.- Purpose.

Sec. 25-262. - Permitted uses.

Botetourt County Unincorporated
City Zoning Code

Botetourt County Unincorporated
City Zoning Code