(a)

Accessory uses and structures are permitted in connection with, and incidental and subordinate to a permitted principal use or structure and in compliance with all other provisions of this chapter.

(b)

Residential accessory uses and structures shall be limited to the following and to any other use or structure the zoning administrator determines to be equivalent in scope, size and impact as those listed herein, and are in compliance with all other provisions of this chapter:

(1)

Above ground deck.

(2)

Clothesline.

(3)

Fence or wall.

(4)

Freestanding air conditioning unit.

(5)

Parking for motor vehicles as provided for in article IV, division 3.

(6)

Patio, porch, gazebo.

(7)

Pet houses and pens.

(8)

Play (recreational) equipment and playhouses.

(9)

Private garage, carport, clearly subordinate to principal structure.

(10)

Private greenhouse.

(11)

Private swimming pool.

(12)

Private tennis court or outdoor recreational court.

(13)

TV, radio or satellite antennas for personal use, freestanding or on roof.

(14)

Storage shed for personal, non-commercial use, and clearly subordinate to principal structure.

(15)

Studios and workshops without outdoor display for personal use, and clearly subordinate to principal structure.

(16)

Small-scale solar energy facilities, subject to standards of section 25-447.

(17)

Enclosed areas devoted to collection of recyclable materials generated by the principal use.

(18)

Bus shelter or bus stand.

(19)

Home agriculture.

(20)

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

(c)

Commercial and industrial accessory uses and structures shall be limited to the following and to any other use or structure the zoning administrator determines to be equivalent in scope, size and impact as those listed herein, and are in compliance with all other provisions of this chapter:

(1)

Dumpsters and dumpster pads, fully screened.

(2)

Emergency power generators.

(3)

Fence or wall.

(4)

Freestanding air conditioning unit.

(5)

Parking uses and structures.

(6)

Recycling facilities.

(7)

Storage sheds, clearly subordinate to principal structure.

(8)

Stormwater management facilities, BMP facilities.

(9)

Bus shelter or bus stand.

(10)

Accessory living quarters for watchman, guard or custodian.

(11)

Sculpture, fountain, etc., clearly subordinate to principal structure.

(12)

Small-scale solar energy facilities, subject to standards of section 25-447.

(13)

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

(d)

Use limitations for accessory uses and structures.

(1)

Accessory structures shall be located on the same lot as the principal use or structure.

(2)

Accessory structures shall be included in the calculations for height, bulk and coverage as required by this chapter.

(3)

Except as otherwise permitted herein, no accessory use or structure shall be located in a required yard.

(4)

No accessory use or structure shall create a nuisance or hazard.

(5)

No accessory use or structure shall be used as a dwelling or for lodging purposes, except for living quarters for guards or custodians.

(6)

Home occupation uses shall comply with the provisions of section 25-435.

(7)

Except in the case of home occupations conducted within an accessory dwelling, accessory uses and structures shall be operated and maintained under the same ownership as the principal use.

(8)

Accessory structures shall meet the side and rear building setbacks for principal structures when located less than five (5) feet from the principal structure.

(e)

Accessory dwellings. Subject to all applicable district regulations of this chapter, the issuance of a zoning permit and the following additional restrictions:

(1)

In the A-1 agricultural district and the FC forest conservation district, accessory dwellings are permitted provided that:

a.

For every amount of land area of the parcel that equals or exceeds the minimum lot area required for the district, one (1) dwelling is permitted. Thus, if the minimum lot area is two and one-quarter (2.25) acres, two (2) dwellings are permitted on a parcel of four and one-half (4.5) acres or more. More than two (2) dwellings on a single lot or parcel require a special exception permit.

(2)

In the R-1 residential district, accessory dwellings are permitted by special exception permit provided that:

a.

For every amount of land area of the parcel that equals or exceeds the minimum lot area required for the district, one (1) dwelling is permitted. Thus, if the minimum lot area is twenty thousand (20,000) square feet, two (2) dwellings are permitted on a parcel of forty thousand (40,000) square feet.

b.

All off street parking requirements must be met for all dwelling units on any parcel.

(3)

In the PUD and TND districts, accessory dwellings are permitted provided that:

a.

An accessory dwelling that is a detached, separate structure from the principal dwelling or that is located over the principal dwellings attached garage may be located on a parcel of no less than five thousand (5,000) square feet, and no more than one (1) accessory dwelling is permitted per parcel, in addition to the principal dwelling.

b.

No accessory dwelling shall exceed one thousand (1,000) square feet in total floor area.

c.

No less than one (1) additional off-street parking space must be provided for the accessory dwelling; such parking shall not be located in the front yard except on an existing driveway.

(f)

Temporary family health care structures.

(1)

In any use district that allows for a single-family dwelling, temporary family health care structures shall be allowed to be placed on a lot, provided that:

a.

The primary use of the property is a single-family detached dwelling;

b.

The occupant of the temporary family health care structure meets the qualifications of a mentally or physically impaired person as defined in subsection (2) below, and a letter of certification, written by a physician licensed in Virginia, has been provided to the zoning administrator;

c.

The property is occupied by the caregiver as his/her residence;

d.

The temporary family health care structure shall comply with all setback requirements that apply to the primary structure, and with any maximum floor area ratio limitations that may apply to the primary structure;

e.

Only one temporary family health care structure shall be allowed on a lot or parcel of land;

f.

The proper permits shall be obtained before a temporary family health care structure may be placed on a lot or parcel of land. Required permits include, but are not limited to, zoning permit, building permit, electrical permit, mechanical permit, and plumbing permit.

g.

For purposes of this section:

h.

"Caregiver" means an adult who provides care for a mentally or physically impaired person within the Commonwealth. A caregiver shall be either related by blood, marriage, or adoption to, or be the legally appointed guardian of the mentally or physically impaired person for whom he/she is caring;

i.

"Mentally or physically impaired person" means a person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined in § 63.2-2200, as certified in a writing provided by a physician licensed by the Commonwealth;

j.

"Temporary family health care structure" means a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired person, (iii) has no more than 300 gross square feet, and (iv) complies with applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.). Placing the temporary family health care structure on a permanent foundation shall not be required or allowed.

k.

Any temporary family health structure installed pursuant to this section shall be required to connect to any water, sewer, and electric utilities that are serving the primary residence on the property and shall comply with all applicable codes and requirements, including permits, for such connection.

l.

Any temporary family health care structure installed pursuant to this section shall be removed within thirty (30) days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section.

m.

A letter of certification, written by a licensed physician, shall be provided to the zoning administrator on an annual basis to ensure continued compliance with this section. The zoning administrator may inspect the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance inspection.

n.

No signage advertising or otherwise promoting the existence of the temporary family health care structure shall be permitted either on the exterior of the structure or elsewhere on the property.

o.

The zoning administrator may revoke the permit granted pursuant to this section if the permit holder violates any provision of this section. Additionally, the zoning administrator may seek injunctive relief or other appropriate actions or proceedings in the circuit court of Botetourt County to ensure compliance with this section. The zoning administrator is vested with all necessary authority on behalf of the governing body of the locality to ensure compliance with this section.

(g)

Home agriculture.

(1)

Use regulations. The purpose of this division is to allow for increased opportunities for residential animal keeping and farming, while encouraging compatibility within residential districts.

(2)

Application. In addition to applicable provisions contained within this chapter, keeping of one or more animals shall also comply with all other applicable provisions of the Botetourt Code, including but not limited to chapter 15, article II, noise and chapter 4, animals and fowl.

(3)

General requirements.

a.

Animals not addressed in this section are not permitted under the "home agriculture" use category.

b.

Home agriculture may only be located on parcels with a single-family, detached residence.

c.

The minimum lot size for poultry and rabbits is fifteen thousand (15,000) square feet.

(4)

Animals allowed.

a.

Poultry. Up to twelve (12) of any combination of chickens (hens only), quail, pheasant, pigeons and doves. Roosters, capons, ducks, guinea fowl, geese, peacocks and turkeys are prohibited.

b.

Rabbits. Up to six (6) over six (6) months of age and up to fifteen (15) under four (4) months of age.

c.

Honeybees (see section 25-447 (f)).

(5)

Structures and enclosures.

a.

In conjunction with single family dwellings in residential districts, structures associated with home agriculture shall adhere to size and setback requirements outlined in section 25-431(h)(2)b.6.

b.

Structures must be predator resistant and shall include a roof or cover that fully encloses the structure, including fences and runs, so as to confine the animal to the site. Honeybees are excluded from this provision.

(6)

Honeybees.

a.

Location:

i.

Required setback of ten (10) feet from property lines. If the hive is located at the ten-foot setback and the hive entrance is facing adjoining property, a fly-away barrier of six (6) feet in height and equivalent to the width of the apiary must be placed;

ii.

Not permitted in front yards or closer than thirty (30) feet to any street or public right-of-way.

iii.

Property owner shall provide a clean and reliable source of water, located on the same parcel, and available to the bees throughout the year.

b.

Density requirements.

i.

No person shall keep, place or maintain beehives on any parcel of real property that is less than twelve thousand (12,000) square feet in area.

ii.

Up to four (4) beehives on parcels twelve thousand (12,000) square feet in size and one (1) additional beehive for each two thousand (2,000) square feet of area in excess of twelve thousand (12,000) square feet.

iii.

Notwithstanding the foregoing, during swarm season only, a person shall be permitted to keep two (2) additional beehives, over and above those permitted during the balance of the year.

(h)

Parcel limitations.

(1)

Number of dwelling units per parcel. Limits on the number of dwellings per parcel shall be in accord with the provisions of section 25-431(e).

(2)

Permitted structures in required yards.

a.

Except as provided herein, any physical element that is attached to a principal structure must meet the minimum setback standards of the district.

The following structures shall be permitted to encroach into any yard, including front yards, provided applicable sight distance and fire safety requirements are met and maintained, and provided the following requirements are met:

1.

Fences, provided that no fence in a front yard of a residential district shall exceed four (4) feet in height.

2.

Ground level terraces, patios or decks not over twenty-eight (28) inches high which do not include a permanently roofed-over terrace or porch.

3.

Awnings or canopies, provided they do not project more than eight (8) feet from the existing building face.

4.

Bay windows and overhanging eaves or gutters projecting no more than three (3) feet into the yard.

5.

Arbors and trellises not exceeding ten (10) feet in height, provided that such structures do not reduce the width of the yard to less than three (3) feet.

6.

Flag poles.

7.

Recreational equipment, as defined herein, provided that such equipment does not reduce the width of the yard to less than three (3) feet.

b.

For any yard, except front yards, the following structures shall be permitted, provided applicable sight distance and fire safety requirements are met and maintained:

1.

Clotheslines.

2.

Fences shall not exceed eight (8) feet in height in residential areas.

3.

Balconies shall not project into a required yard.

4.

Air conditioners shall not be closer than ten (10) feet to any lot line.

5.

Decks exceeding thirty (30) inches in height may be permitted in rear yards provided that they are no closer than twenty (20) feet to a property line.

6.

In conjunction with single family dwellings in residential or planned districts, small sheds, pet houses and pens, provided that such structures:

(i)

Are not in excess of one hundred fifty (150) square feet in floor area;

(ii)

Not in excess of twelve (12) feet in height;

(iii)

Not within five (5) feet of a rear or side property line in the R-1, R-2 and R-3, and RR use districts and not within fifteen (15) feet of a rear or side property line in the A-1, FC use districts.

(iv)

At least fifty (50) feet from any street right-of-way or private access easement at the front of the lot.

(v)

At least fifteen (15) feet from any street right-of-way.

7.

In conjunction with single family dwellings in the A-1 or FC districts, small sheds, pet houses and pens, provided that such structures:

(i)

Are not in excess of three hundred (300) square feet in floor area;

(ii)

Not in excess of twelve (12) feet in height;

(iii)

Not within fifteen (15) feet of a rear or side property line;

(iv)

At least fifty (50) feet from any street right-of-way or private access easement at the front of the lot;

(v)

At least forty (40) feet from any street right-of-way.

c.

The following structures shall not be permitted to encroach or project into any required yard, except as otherwise allowed in the TND district:

1.

Covered entry porches, enclosed or unenclosed.

2.

Architectural features, chimneys, or the like.

(3)

Interparcel connections. In every district, major subdivisions and site plans shall be laid out so as to provide for vehicular interparcel connections with surrounding properties, in a location and design consistent with this chapter and the comprehensive plan, provided that the zoning administrator determines that such connections will not promote inappropriate cut-through traffic inconsistent with the design and function of the roadway and adjacent land uses in the district. In business and industrial districts access to adjoining lots within the district must be provided, either by public roadways or private access easements, so as to ensure long term interparcel access.

(4)

Visibility at intersections.

a.

For protection against traffic hazards, no sign, fence, wall, hedge, planting or other obstruction to vision extending to a height in excess of two (2) feet above the established street grade shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets (pavement) and a straight line connecting them at points a distance of twenty (20) feet from the intersection of the street (pavement) lines.

b.

Exceptions to the above requirements may be permitted by the zoning administrator when terrain features present substantial obstacles to provision and maintenance of such visibility triangles, or in which the design of the street is such as to produce vehicle speeds of less than twenty (20) miles per hour, but in any such cases, the minimum clearance required shall be the maximum which is reasonably practicable to provide and maintain, in the sole determination of the zoning administrator.

(Res. of 1-1-02, § 4-101; Res. No. 11-10-10, 10-25-11; Res. No. 18-11-11, 11-27-18; Res. of 12-21-21; Ord. of 5-23-23(1); Ord. of 5-23-23(2); Ord. of 7-17-23(1))

(a)

Application of division. In any district in which a use is otherwise permitted, if such use constitutes an "adult use," as defined in article VI, the minimum requirements and standards set out in this division shall apply to such use.

(b)

Prohibited locations, generally.

(1)

No adult use may be established within two thousand (2,000) feet of any other such adult use in any zoning district.

(2)

No adult use may be established within one thousand (1,000) feet of a residentially zoned district or a school, educational institution, church, public park, playground, playfield or day care center.

(3)

The "establishment" of an adult use, as referred to in this section, shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area or the conversion, in whole or in part, of an existing business to any adult use.

(c)

Measurement of distances. All distances specified in this division shall be measured from the property line of one use to another. The distance between an adult use and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residentially zoned district.

(Res. of 1-1-02, § 4-102)

Automobile graveyards and junkyards that are legally existing at the time of the adoption of this section are to be considered as nonconforming uses. They shall be allowed up to twelve (12) months after date of amendment adoption in which to completely screen the operation on all sides (except where extenuating topographic or existing natural growth exists, as determined by the county zoning administrator) in accordance with the definition of buffering/screening contained in article IV, division 4 of this chapter.

(1)

In considering a special exception permit for such uses, the board may set additional standards, including but not limited to the following elements:

a.

Surface materials and design for access roads, on-site roads, parking and other vehicle facilities.

b.

Control of dust, odor and pests.

c.

Noise generated by the operation.

d.

Hours of operation.

(2)

Screening of the site shall be sufficient to ensure a minimal visual impact on adjacent uses, and the board shall impose conditions sufficient to provide such assurance, which may include, but not be limited to, fencing, berming, preservation of existing vegetation, additional vegetation, entrance design and location, and the design, bulk and height of structures.

(3)

No structure, storage area or other part of the operation shall be located closer than three hundred (300) feet to any existing dwelling or adjacent lot line.

(4)

Such uses shall have direct access to a state-maintained road, adequate in capacity to serve the traffic generated by the operation.

(5)

No on-site disposal of fuel, chemicals or hazardous materials is permitted. Any such materials shall be disposed of at a site permitted to receive such materials.

(Res. of 1-1-02, § 4-103)

(a)

No occupation of a room or dwelling for short-term rental shall be permitted except in compliance with this section.

(b)

No short-term rental establishments may violate the provisions of Chapter 15. Offenses—Miscellaneous, Article II. Noise of the Botetourt County Code. In addition, any short-term rental establishment which has been granted a special exceptions permit by the board of supervisors is not to be exempted from the Noise Ordinance as stated in section 15-54.

(c)

The following uses are permitted subject to all applicable district regulations of this chapter, including supplemental regulations listed for each use within this section, and following the issuance of a zoning permit and a short-term rental permit. The applicant shall submit the short-term rental permit application to the zoning administrator prior to the occupation of a room or dwelling for short-term rental and the application shall contain the following information:

(1)

All relevant parcel information, including the tax map number, zoning district, address, and magisterial district.

(2)

The applicant's name, address, and personal contact information, and the name, address, and personal contact information of the owner if different from that of the applicant.

(3)

Information concerning the dwelling or portion of a dwelling which is to be rented, including the number of bedrooms, and whether the owner or applicant currently lives in the dwelling or on the property. The applicant shall also provide any additional information regarding the proposed use as required by the zoning administrator.

(4)

The applicant shall certify the following:

a.

There will be no change to the outside appearance of the dwelling or premises.

b.

All vehicles shall be parked on the lot on which the rental establishment is located and shall be parked in driveways or parking areas designed and built to be parking areas.

c.

Noise generated by the short-term rental use shall not violate the provisions of the Botetourt County Noise Ordinance.

d.

The owner or manager has a plan to properly dispose of waste.

e.

The number and placement of smoke detectors and fire extinguishers shall be compliant with the requirements of the current Virginia Construction Code.

(5)

In addition, the applicant shall provide:

a.

An approved Sewage Disposal Permit or other similar documentation from the Health Department, if applicable. If no permit is available, or the property is served by public or community water, the maximum permitted overnight occupancy shall be limited to two (2) persons over two (2) years in age per each bedroom.

b.

A concept plan identifying the location of the rental unit(s) on the parcel and any additional structures on the property, setbacks, means of access, existing or proposed lighting, proposed signage and required on-site tenant parking areas.

c.

Manager information, if the manager is not the applicant.

d.

Any required fees.

(6)

The applicant shall be responsible for updating the short-term rental permit on file with the zoning administrator due to any changes. If the change in use or density results in the classification of the short-term rental as a different use, it must conform to all of the district requirements and supplemental regulations in this section. If the change of use is such that it is permitted only upon the granting of a special exception permit by the board of supervisors, the short-term rental may not be occupied as such without first obtaining a special exception permit.

(7)

If the applicant has supplied materially misleading information relating to the approval of a short-term rental permit, or if the zoning administrator determines that there are reasonable grounds for revocation of short term rental permit, the zoning administrator may take action in accordance with section 25-522. If the short term rental permit is revoked, any activities continuing pursuant to such permit shall be deemed to be in violation of this chapter and subject to the penalties detailed in section 25-522.

(8)

Except as expressly provided in this section, no guest may occupy a short-term rental more than thirty (30) consecutive nights in one (1) calendar year. The operator of the short-term rental shall maintain a log of all guests, including their name, address, license plate number, and length of stay, and shall make the log available to county staff upon request.

(9)

The regulations listed below shall govern individual short-term rental uses as listed:

a.

Homestay.

1.

The owner of the premises shall reside in and provide full-time management of this establishment at all times while the homestay is occupied by one (1) or more guests.

2.

The establishment shall not contain restaurant facilities, but may provide food service for transient, overnight guests only.

3.

Up to four (4) guestrooms may be provided for paying guests. Rooms may only be rented out under one (1) contract at a time.

b.

Cabin or cottage.

1.

There shall be no more than one (1) cabin or cottage per parcel, provided that this requirement is in addition to those requirements listed in section 25-431(e) and in the relevant district regulations listed in article II of this ordinance. Only one (1) dwelling unit may be made available for short-term rental per parcel.

2.

Twenty-four (24) hour off-site management is required. Contact information for the property manager must be kept updated with the zoning administrator and posted on the premises.

3.

The maximum number of guests shall be determined by the septic capacity, as documented by the Health Department. If no permit is available, or the property is served by public or community water, the maximum permitted overnight occupancy shall be limited to two (2) persons over two (2) years in age per each bedroom.

4.

When located in business use districts, a cabin or cottage shall only be allowed to occupy an existing dwelling unit that is classified as a non-conforming use.

c.

Cabin or cottage, resort.

1.

The cabin or cottage, resort will have a maximum density of one (1) dwelling unit per acre.

2.

On-site management is required. Hours and contact information shall be updated with the zoning administrator.

3.

The maximum number of guests shall be determined by the septic capacity, as documented by the Health Department. In lieu of provision of Health Department approval, the applicant may have up to two (2) adult guests per bedroom of each dwelling unit.

4.

Access to the property shall be acceptable to the Chief of Fire and Emergency Services.

d.

Bed and breakfast.

1.

The owner or manager shall provide full-time management of the establishment at all times when the facility is occupied by one (1) or more guests.

2.

The establishment shall not contain restaurant facilities, but may provide food service for transient, overnight guests only.

3.

Up to fifteen (15) guestrooms may be provided for paying guests.

4.

Access to the property shall be acceptable to the Chief of Fire and Emergency Services.

5.

Health Department approval for sewage disposal, water supply, and kitchen facilities shall be submitted prior to site plan approval and issuance of a short-term rental permit.

(d)

The following uses are permitted subject to all applicable district regulations of this chapter, including supplemental regulations listed for each use within this section, and following the issuance of site plan approval and a zoning permit.

(1)

Rural resort.

a.

On-site management is required. Hours and contact information shall be updated with the zoning administrator.

b.

The establishment shall be located on parcels no less than twenty-five (25) acres, of which no less than seventy (70) percent of the site shall remain in natural or common open space, or passive park uses.

c.

The establishment may contain full-service restaurant facilities that provide meal service to guests and to the general public.

d.

All new buildings, active recreational areas, parking and lighted areas shall be set back a minimum of two hundred (200) feet from adjacent properties.

e.

Access to the property shall be acceptable to the Chief of Fire and Emergency Services.

(2)

Rural retreat.

a.

On-site management is required. Hours and contact information shall be updated with the zoning administrator.

b.

The establishment shall be located on parcels no less than ten (10) acres, of which no less than seventy (70) percent of the site shall remain in natural or common open space, or passive park uses.

c.

The establishment may contain full-service restaurant facilities that provide meal service to the lodging guests only.

d.

Up to thirty (30) guestrooms may be provided for paying guests.

e.

All new buildings, active recreational areas, parking and lighted areas shall be set back a minimum of two hundred (200) feet from adjacent properties.

f.

Access to the property shall be acceptable to the Chief of Fire and Emergency Services.

(3)

Boardinghouse.

a.

A boardinghouse shall provide lodging to long-term guests for periods of over thirty (30) days.

b.

Up to fourteen (14) guestrooms may be provided.

c.

Meals may be provided to guests only.

d.

The owner or manager shall provide full-time management of the establishment at all times when the facility is occupied by one (1) or more guests. Hours and contact information shall be updated with the zoning administrator and posted on the premises.

e.

Access to the property shall be acceptable to the Chief of Fire and Emergency Services.

(4)

Recreational vehicle park.

a.

The recreational vehicle park shall have a maximum density of one (1) recreational vehicle or travel trailer per half acre, provided that this requirement is in addition to any underlying district regulations or supplemental regulations as listed in this chapter.

b.

The owner or manager shall provide full-time management of the establishment at all times when the facility is occupied by one (1) or more guests. Hours and contact information shall be updated with the zoning administrator and posted on the premises.

c.

No recreational vehicle or travel trailer, with the exception of the property manager, shall remain occupied on site for a period of longer than thirty (30) days. If long-term storage of recreational vehicles or travel trailers are proposed, such location of storage shall be depicted on a concept plan submitted with the application for the special exception permit.

d.

Access to the property shall be acceptable to the Chief of Fire and Emergency Services.

e.

The applicant shall provide plans for sewage disposal facilities on-site as part of the application for the special exception permit. Sewage disposal facilities may include a sanitary disposal station for the use of guests or sewage hookups at individual rental spaces. Service buildings equipped with flush toilets and shower facilities may also be provided on site. Plans will be reviewed and approved by the health department concurrent with and as a condition of site plan approval.

(Res. of 1-1-02, § 4-104; 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)

Home occupations, home business and rural home businesses, as defined in article VI are permitted in certain districts as provided herein, subject to the following requirements:

(1)

Home occupations.

a.

No person other than members of the family residing on the premises shall be engaged in such occupation on the premises. An approved home occupation permit and business license is required for all home occupations in accordance with the Botetourt County Code.

b.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by the family. The maximum aggregate square footage of a home occupation, whether conducted in the dwelling unit, accessory structure or both, shall not exceed five hundred (500) square feet, including storage of materials or products associated with the home occupation.

c.

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation, other than one sign, in accord with the sign regulations in article IV, division 2 of this chapter.

d.

There shall be no on-site sales of goods, merchandise, or inventory, other than items handcrafted on the premises in connection with such home occupation. Clients traveling to the dwelling for personal services (such as tutor, massage therapy, pet grooming, beauty salon, and similar uses) in connection with the home occupation shall not exceed five (5) per day. Internet sales/consulting is permitted, providing that all sales are conducted off-site and/or shipped to the purchaser of the product.

e.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood (ten (10) vehicle trips per day) per dwelling and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

f.

Pickup or delivery by tractor trailer is prohibited. Pickup or delivery for such home occupations shall be limited to the United States Postal Service, United Parcel Service, FedEx or other similar carrier service.

g.

No equipment or process shall be used in the home occupation which creates noise, vibrations, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit, if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises.

h.

The home occupation shall not increase demand on water, sewer, utility or garbage collection services to the extent that the combined demand for the dwelling and home occupation does not exceed normal use of the property for residential purposes. All waste materials generated by a home occupation that are toxic or hazardous shall be disposed of in accordance with county and/or state and federal regulations.

i.

Parking of not more than one (1) commercial vehicle and/or one (1) cargo/utility trailer associated with an approved home occupation or home business shall be permitted, provided that such vehicles shall not include any tractor trailer or vehicle exceeding one and one-half (1½) ton capacity; cargo or utility trailers shall not exceed eight (8) feet, six (6) inches in width or sixteen (16) feet in length.

(2)

Home businesses. (Special exception permit required.)

a.

Members of the family residing on the premises are permitted to be engaged in such home business.

b.

For activities meeting the definition of home business, in addition to family members residing on the premises, up to two (2) non-resident, non-family employees (equivalent to two (2) full-time workers at forty (40) hours per week) shall be permitted to work on the premises, subject to one (1) additional off-street parking space being provided for each such employee. Such parking space(s) shall not be located in the required front yard, unless located on an existing driveway, and shall not result in any reduction or degradation of the normal minimum required parking for residential dwellings as required herein.

c.

The use of the dwelling or accessory building for the home business shall be clearly incidental and subordinate to the use of the dwelling for residential purposes. The area used for the business shall not exceed an amount equal to twenty-five (25) percent of the gross floor area of the dwelling unit.

d.

No change shall be made to the outside appearance of the dwelling or lot, nor other visible evidence of the conduct of the home business, other than one sign, in accord with the sign regulations in article IV, division 2 of this chapter.

e.

No traffic shall be generated by such home business in greater volumes than would normally be expected from a residential use (ten (10) vehicle trips per day) per dwelling. Any need for parking generated by the conduct of the home business shall be met by off street parking other than in a required front yard unless located on an existing driveway.

f.

There shall be no on-site sales of goods, merchandise, or inventory, other than items handcrafted on the premises in connection with such home business. Clients traveling to the dwelling for personal services (such as tutor, massage therapy, pet grooming, beauty salon, and similar uses) in connection with the home business shall not exceed five (5) per day. Internet sales/consulting is permitted, providing that all sales are conducted off-site and/or shipped to the purchaser of the product.

g.

No equipment or process used in such home business shall create noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses or use of radio, TV or telephone equipment off the lot or in adjacent dwelling units.

h.

The home business shall not increase demand on water, sewer, utility or garbage collection services to the extent that the combined demand for the dwelling and home business does not exceed normal use of the property for residential purposes. All waste materials generated by a home business that are toxic or hazardous shall be disposed of in accordance with county and/or state and federal regulations.

(3)

Rural home businesses. (Special exception permit required.)

a.

A rural home business shall not be permitted on lots of less than five (5) acres and is only permitted in the A-1 and FC districts.

b.

Members of the family residing on the premises are permitted to be engaged in such rural home business.

c.

For lots of five (5) acres or greater in area, and for activities meeting the definition of rural home business, in addition to family members residing on the premises, up to three (3) non-resident, non-family employees (equivalent to three (3) full-time workers at forty (40) hours per week) shall be permitted to work on the premises.

d.

For lots of twenty-five (25) acres or greater in area, and for activities meeting the definition of rural home business, in addition to family members residing on the premises, up to five (5) non-resident, non-family employees (equivalent to five (5) full-time workers at forty (40) hours per week) shall be permitted to work on the premises.

e.

In addition to the dwelling, accessory buildings may be used for the rural home business, but the rural home business shall be clearly incidental and subordinate to the use of the property for residential and/or agricultural purposes. The area of enclosed space in accessory buildings used for the business shall not exceed twice the amount used for residential purposes in the dwelling unit.

f.

No change shall be made to the outside appearance of the dwelling or lot, nor other visible evidence of the conduct of the rural home business, other than one sign, in accord with the sign regulations in article IV, division 2 of this chapter.

g.

No traffic shall be generated by such rural home business in greater volumes than would normally be expected from a residential or agricultural use (ten (10) vehicle trips per day) per dwelling, plus farm-related traffic.

h.

There shall be no on-site sales of goods, merchandise, or inventory, other than items handcrafted on the premises in connection with such rural home business. Clients traveling to the dwelling for personal services (such as tutor, massage therapy, pet grooming, beauty salon, and similar uses) in connection with the rural home business shall not exceed five (5) per day. Internet sales/consulting is permitted, providing that all sales are conducted off-site and/or shipped to the purchaser of the product.

i.

No equipment or process used in such rural home business shall create noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses or use of radio, TV or telephone equipment off the lot or in adjacent dwelling units.

j.

Three (3) pieces of heavy equipment are permitted for the rural home business, plus one additional piece of such equipment per non-family employee, but a total of no more than eight (8) pieces of such equipment are permitted in any case.

k.

Outdoor storage areas shall not cover a greater area than the floor plate of the accessory buildings used for the business, and such storage areas shall be visually screened from view of the public right-of-way and from neighboring properties through the use of fencing, natural topography and/or vegetation.

l.

The rural home business shall not increase demand on water, sewer, utility or garbage collection services to the extent that the combined demand for the dwelling and rural home business does not exceed normal use of the property for residential purposes. All waste materials generated by a rural home business that are toxic or hazardous shall be disposed of in accordance with county and/or state and federal regulations.

(Res. of 1-1-02, § 4-105; Res. No. 09-09-09, 9-22-09)

(a)

The minimum lot size for any landfill shall be one hundred (100) acres.

(b)

The site development and operations shall be in accord with all of the regulations of applicable agencies of the Commonwealth of Virginia, including any special conditions for landfill permits.

No site development or activity of any kind related to the landfill use shall occur on the site prior to receiving all applicable state and local permits.

(c)

Screening of the site shall be sufficient to ensure a minimal visual impact on adjacent uses, and the board shall impose conditions sufficient to provide such assurance, which may include, but not be limited to, fencing, preservation of existing vegetation, additional vegetation, entrance design and location, and the design, bulk and height of structures.

(d)

A master plan for the proposed use of the site shall be submitted to the county for consideration as part of the special exception permit application. Such plan shall specify all physical changes and improvements to the property, including a phasing plan with time frames for the landfilling activities, methods for controlling drainage, run-off, leachate, erosion and sediment control during and after site development, groundwater protection and monitoring, site security from trespass, access from public roads, and a plan for closure and future re-use of the site.

(e)

The operator shall cause a qualified independent contractor to perform an annual environmental audit to determine the extent of compliance with all conditions of the special exception permit and all other regulatory requirements. Such audit shall be formally submitted to the zoning administrator upon completion and not more than twelve (12) months after the preceding audit, and shall be made part of the public record.

(f)

In considering a special exception permit for such uses, the board may set additional standards, including but not limited to the following elements:

(1)

Surface materials and design for access roads, on-site roads, parking and other vehicle facilities.

(2)

Control of dust, odor and pests.

(3)

Noise generated by the operation.

(4)

Hours of operation.

(5)

Limits on types of materials to be landfilled.

(Res. of 1-1-02, § 4-106)

(a)

Purpose. The mobile (manufactured) home is a form of single-family housing in the county. The intent of this section is to prescribe standards and conditions for the use of mobile homes on individual sites as well as in park arrangements.

(b)

General requirements.

(1)

A mobile home shall not be used for the purpose of an accessory use, such as a separate storage facility.

(2)

The attachment of a mobile home to another mobile home or attachment to a single-family dwelling is prohibited.

(3)

Mobile homes manufactured before 1976 shall not be located or relocated within Botetourt County.

(4)

Mobile homes shall meet the current building code designated and adopted by the Botetourt County Board of Supervisors.

(5)

Each mobile home site shall be developed with a foundation that complies with the existing county building code. Each mobile home is required to be underpinned unless a solid masonry foundation is provided. Every space for mobile homes shall be provided with devices for anchoring the unit to prevent overturning or uplift. Where concrete platforms are provided for the units, anchorage may be by eyelets imbedded in the concrete with adequate anchor plates or hooks or other suitable means. The anchorage shall be adequate to withstand wind forces and uplift as required in the building code for buildings and structures, based upon the size and weight of the units.

(6)

The placement of a mobile home in a permitted district requires a mobile home placement permit from the planning office, approved well and septic permit from the health department and an electrical permit from the building office.

(c)

Individual mobile homes.

(1)

Purpose, where permitted. Individual mobile homes as permanent dwellings are permitted by right in the A-1 and FC districts, and by special exception in the RR district. All district requirements shall apply to mobile homes as for other types of detached single family dwellings. This will promote development of harmonious lot patterns and allow the mobile home dweller the opportunity to replace his mobile home with a conventional single-family dwelling, should he so desire.

(2)

Temporary, seasonal or emergency use of mobile homes. Temporary or seasonal uses of mobile homes in an agricultural district A-1 shall meet all other requirements in the district for lot size, setbacks, etc.

(3)

Emergency uses of individual mobile homes. Emergency uses of individual mobile homes will be allowed in all residential districts where a natural disaster or fire has destroyed or damaged normal dwellings. This emergency use would alleviate the hardships inflicted on the people involved. A temporary mobile home placement permit shall be required prior to the placement of the mobile home and the zoning administrator shall set the time period that such use is permitted. The zoning administrator may grant one (1) extension of the time period of up to six (6) months.

(4)

Use of mobile home for office or storage for construction projects. Mobile homes are permitted as temporary offices or storage structures (not for permanent residential use) in business, industrial or residential districts in the construction phase of buildings in such districts. A temporary mobile home placement permit shall be required prior to the placement of the mobile home and the zoning administrator shall set the time period that such use is permitted. The zoning administrator may grant one (1) extension of the time period of up to six (6) months.

(d)

Mobile home parks.

(1)

Purpose; location. Mobile home parks may be established in order to provide opportunities for affordable housing alternatives and to recognize that selected locations in the community may be appropriately developed as areas of moderate population density properly related to the existing and potential development character and adequate public facilities in the vicinity. It is the county's purpose, with respect to location of new and expansion of existing mobile home parks, to avoid undue concentrations of such development by allowing the development or expansion of mobile home parks in association with other types of uses, by achieving a balance of housing types and by not overcrowding community facilities.

It is also the county's purpose, with respect to establishment of new and expansion of existing mobile home parks, to protect the health, safety and welfare by fostering standards of development commensurate with other forms of residential development.

Mobile home parks may be permitted by special exception in the R-3 district.

(2)

Permitted uses in a mobile home park.

a.

New mobile home parks shall contain at least ten (10) and not more than fifty (50) mobile home spaces, for sale or rent, planned and developed as a coordinated residential project.

b.

Existing mobile home park at the time of adoption of this chapter.

c.

Service facilities such as laundries, storage areas, recreation facilities.

d.

No permanent or semi-permanent structure shall be affixed to any mobile home as an addition to such mobile home lot. This prohibition does not apply to a canopy or awning designed for use with a mobile home nor to any expansion unit or accessory structure specifically manufactured for mobile homes.

e.

Expansion of existing mobile home parks may be permitted when both existing and expansion portions comply with all standards of this section as well as any conditions approved by the board of supervisors as part of the special exception. An expansion of an existing mobile home park shall have one or more of the following characteristics:

1.

Shared or connected access.

2.

Shared or connected public utility or public water and/or sewer.

3.

A common boundary.

(3)

Lot requirements.

a.

Area. A minimum of five thousand (5,000) square feet shall be provided for each mobile home lot. This lot shall have frontage on streets, or a driveway.

b.

Frontage. The minimum frontage distance shall be fifty (50) feet on any street.

c.

Permanent markers. Every mobile home lot shall be clearly defined on the ground by permanent markers, as required.

d.

Length to width ratio. The width or the depth of the mobile home space shall not be more than four (4) times the other.

e.

Buffer. Buffer standards shall be as determined in the landscape/buffer section of article IV of this chapter.

f.

Density. Eight (8) mobile homes per acre devoted to residential use for new mobile home parks. Eight (8) mobile homes per acre devoted to residential use for expansion of existing mobile home parks where:

1.

Existing and expansion areas comply with standards for new mobile home parks; and

2.

Roads in expansion area are to VDOT standards for subdivisions and where all existing private roads providing access to existing occupied mobile homes are upgraded to VDOT standards for subdivisions; four (4) mobile homes per acre in expansion area otherwise

(4)

Building requirements.

a.

Width and yard requirements. Each mobile home lot shall have a minimum width of fifty (50) feet. Mobile home lots shall be so designed that no mobile home is closer than twenty-five (25) feet to another mobile home.

b.

Maximum building height: Thirty-five (35) feet.

c.

Setback. Mobile homes shall be set back thirty-five (35) feet from any public or private street.

(5)

Lot access.

a.

New mobile home parks shall be developed to either VDOT access standards or to county standards for private road according to standards prescribed in this subsection.

b.

Expansion of existing mobile home parks shall be developed to either VDOT access standards or to county standards for private roads according to standards prescribed in this subsection.

c.

Private non-dedicated streets may be approved provided that:

1.

They are not designed as through streets;

2.

The base and surface of the streets are constructed to county or to VDOT secondary road standards, whichever are more restrictive

3.

The private street system shall provide convenient circulation by means of minor streets and collector streets (serving more than thirty (30) mobile homes) with paved widths as follows:

(i)

Collector, parking both sides: Thirty-six (36) feet in width.

(ii)

Collector, no parking: Thirty (30) feet in width.

(iii)

Minor, parking both sides: Twenty-eight (28) feet in width.

(iv)

Minor, no parking: Twenty (20) feet in width.

(v)

One-way minor, no parking: Eleven (11) feet in width.

4.

Cul-de-sacs shall have a minimum diameter of eighty (80) feet.

5.

The streets shall have a maximum of twelve (12) percent grade, and be properly graded and ditched to ensure adequate drainage and maintained for safe, comfortable travel in all weather conditions.

6.

Mobile homes served by pipestems may be served by a gravel drive with minimum of six (6) inch base and width of ten (10) feet.

7.

The board of supervisors may require dedication of through streets meeting VDOT standards if it deems that such streets might be necessary for access to adjacent property or if development of adjacent property would be likely to require such access.

(6)

Parking. Parking shall be in accord with the requirements of article IV, division 3 of this chapter.

(7)

Walkways. Walkways shall be provided as necessary to all accessory buildings and service facilities of the park. Walks shall have a nonslip impervious surface and shall comply with applicable requirements for public sidewalks. Streets and walkways shall be illuminated as required for streets.

(8)

Utilities.

a.

Water supply. An adequate supply of potable water approved by the health department shall be furnished from a public or private water system, with adequate water taps and connections, for each travel trailer or mobile home parking space to supply running water for all sanitary and washing fixtures and drinking and domestic purposes, as required by the building code. Connections to individual units shall be arranged to prevent back siphoning into the main system. Faucets for community use shall be installed in accessible locations in a manner to be safe and sanitary supply faucets located at each mobile home lot.

b.

Sewerage. In each mobile home park, all domestic waste or wastewater from a faucet, toilet, tub, shower, sink, slop sink, drain, washing machine, garbage disposal unit or laundry shall empty into a public or community sewer system approved and constructed in accordance with the regulations of the state health department.

c.

Electrical permit. It shall be unlawful for any electric company to furnish electricity to any mobile home that is to be used as a dwelling or living quarters unless an electrical permit has been issued therefore. Main service, fusing, switching and distribution shall comply with the applicable requirements of the building code and shall be installed and maintained in accordance with applicable laws and ordinances governing such systems.

d.

Gas supply. Installations for use of natural gas or liquefied petroleum gas shall comply with all laws and ordinances of the county applicable to the use of such systems for dwellings.

(9)

Open space and recreation.

a.

For mobile home parks with an average lot size of less than ten thousand (10,000) square feet, twenty (20) percent of the total area of the mobile home park site shall be reserved as permanent open space.

b.

For mobile home parks with an average lot size of ten thousand (10,000) or more square feet, sixteen (16) percent of the total area of the mobile home park site shall be reserved as permanent open space.

c.

In all cases, at least twenty-five (25) percent of the required open space area shall be devoted to usable space for active recreation. No such required recreation space shall include parts of mobile home spaces/lots, buffer areas, flood plains, slopes over twenty-five (25) percent or other common facilities, nor shall it contain less than three thousand contiguous (3,000) square feet of usable recreation space.

(10)

Outdoor living and storage. Private outdoor living and service area of three hundred (300) square feet or more per dwelling unit may be provided which is adjacent to the unit and assures reasonable privacy and visual appeal. Privacy shall be through use of walls, fences or coniferous plantings provided and maintained by mobile home park management.

(11)

Refuse storage and disposal. Refuse and waste receptacles shall be kept clean and in sanitary condition and shall be operated in accordance with the regulations of the county health department. Refuse disposal shall be the responsibility of mobile home park management. Common refuse areas shall be provided which are screened by a fence or wall.

(12)

Service buildings. Office buildings and structures housing sanitary or similar equipment shall be constructed to meet the applicable requirements of the building code. Motor fuel service stations shall be located adjacent to a public street and shall be not less than thirty (30) feet from spaces for parking of travel trailers or mobile homes or other buildings. Mobile units, as defined in the building code, may not be used for accessory uses in connection with any park, except upon special permission in writing from the building official. Such units may be mounted on permanent foundations for accessory uses when specifically permitted by the special exception permit.

(13)

Conditions for granting special exceptions for mobile home parks. The following are conditions under which a special exception may be granted.

a.

General compatibility with adjacent properties and other property in the district.

b.

Health of residents as protected by water and sewer systems and service equal to other forms of moderate to high density residential development.

c.

Safety of residents as protected by accessibility for fire, rescue and police vehicles equal to other forms of residential development.

d.

Safety of residents as protected by accessibility of utility maintenance vehicles, of snow and ice removal equipment, and of school buses transporting children.

e.

Safety of residents as protected by accessibility provided by sidewalks separated from streets and streets which have traffic controls and adequate geometric design.

f.

Health and safety of residents as protected by prohibition of new use and discouragement of continued use of mobile homes constructed prior to 1976.

g.

Accessibility of residents as provided by roads where service providers are willing to move household furnishings, collect solid waste and deliver mail or parcel post.

h.

Avoidance of overcrowding of community facilities.

i.

Recognition as unique type of development.

(Res. of 1-1-02, § 4-107)

(a)

Recycling collection points shall be subject to the following restrictions:

(1)

The facility shall be set back a minimum of fifty (50) feet from the right-of-way of any public street or any lot zoned, used or planned for residential purposes.

(2)

Collection sites shall be maintained free of litter, shall be cleaned of debris on a daily basis.

(3)

Operation hours for collection sites may be established by the board of supervisors.

(4)

All facilities shall be screened from the view of abutting residential uses or districts by fences and landscaping conformance with the requirements of article IV, division 4 of this chapter for light industrial uses abutting a residential use.

(5)

Containers shall be at least two hundred (200) feet from any residential dwelling.

(6)

No hazardous or toxic materials shall be accepted or permitted at such sites.

(7)

No noxious odors shall be emitted beyond the boundaries of the facility.

(b)

Other recycling collection facilities shall be subject to additional conditions as may be imposed by the county through the special exception permit process.

(Res. of 1-1-02, § 4-108)

The following requirements shall apply to permanent sawmills, but may be waived by the zoning administrator for small-scale sawmills as defined herein.

(1)

No structure housing or enclosing a sawmill, nor any structure, nor storage of lumber, logs, timber, equipment or any other materials shall be located closer than three hundred (300) feet to any lot line.

(2)

The permit shall be granted for a period not to exceed two years, upon which time it shall be reviewed by the board of supervisors and may or may not be renewed depending upon whether the operator has adhered to the conditions of the permit, and whether conditions in the area have changed so as to warrant a cessation of the use.

(3)

Hours of operation shall be reviewed and approved by the board of supervisors.

(4)

Such uses shall have direct access to a state-maintained, minimum two-lane road, with adequate capacity to serve the traffic generated by size and type of the mill and associated truck traffic.

(5)

The area involved with the mill operation, including structures, storage and loading, shall not exceed five (5) acres, unless otherwise provided for by conditions established through the special exception process.

(6)

Screening of the site shall be sufficient to ensure a minimal visual impact on adjacent uses, and the board shall impose conditions sufficient to provide such assurance, which may include, but not be limited to, fencing, preservation of existing vegetation, additional vegetation, entrance design and location, and the design, bulk and height of structures.

(7)

The board may establish conditions on the operation of any permanent sawmill or chipmill, depending upon specific features of the site, the subject of such conditions which may include but are not limited to periods and hours of operation, noise levels, dust control, screening, setbacks, access, storage areas, parking and loading, odors, and materials storage.

(8)

Temporary sawmills. Temporary sawmills shall meet the same requirements as for permanent sawmills, except as modified by the following:

a.

A temporary sawmill shall only process timber cut from the parcel on which the temporary sawmill is located or on immediately adjacent parcels.

b.

For periods of operation exceeding six (6) months, the operator shall be required to receive a special exception permit.

c.

A temporary sawmill shall be located at least two hundred (200) feet from any existing residence located on an adjoining or adjacent lot, and one hundred (100) feet from any lot line.

d.

Green lumber and other associated products or by-products from the operation shall not be stored on the site for more than ninety (90) days.

e.

No building or structure shall be erected for the storage, drying or processing of timber, or for residential purposes associated solely with the operation.

(Res. of 1-1-02, § 4-109)

(a)

No structure, nor enclosure for the keeping of animals shall be located closer than two hundred (200) feet to any lot line. No enclosed structure used for the slaughtering of animals shall be located closer than four hundred (400) feet to any lot line.

(b)

The permit shall be granted for a period not to exceed five (5) years, upon which time it shall be reviewed by the board and may or may not be renewed depending upon whether the operator has adhered to the conditions of the permit, and whether conditions in the area have changed so as to warrant a cessation of the use.

(c)

Hours of operation shall not extend into the period between 8:00 p.m. and 7:00 a.m.

(d)

Such uses shall have direct access to a state-maintained road, adequate in capacity to serve the traffic generated by size and type of the facility.

(e)

Screening of the site shall be sufficient to ensure a minimal visual impact on adjacent uses, and the board shall impose conditions sufficient to provide such assurance, which may include, but not be limited to, fencing, preservation of existing vegetation, additional vegetation, entrance design and location, and the design, bulk and height of structures.

(f)

The minimum lot size for slaughter operations shall be five (5) acres.

(g)

Adequate provision, to the satisfaction of the board, shall be made for the off-site disposal of animal waste, including manure, litter, and carcasses or portions thereof.

(h)

The board may establish conditions on the operation of any slaughterhouse, depending upon specific features of the site, the subject of such conditions which may include but are not limited to periods and hours of operation, noise levels, screening, setbacks, access, storage areas, parking and loading, odors, waste disposal, materials storage.

(Res. of 1-1-02, § 4-110)

(a)

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

(b)

Applicability.

(1)

District height limitations. The requirements set forth in this division shall govern the location and height of all telecommunications towers and antennas within Botetourt County. Any such tower or antennas shall also comply with all applicable federal and state regulations. Amateur radio towers and antennas shall be regulated by the county under existing state law and applicable county regulations.

(2)

Existing structures and towers. The placement of an antenna and/or other similar telecommunication devices on an existing structure such as a building, sign, light pole, water tank, or other free-standing nonresidential structure or existing municipal, utility or commercially owned tower or pole shall be permitted so long as the height of the tower or structure is not increased and the addition of said antenna shall not add more than fifteen (15) feet in height to said structure or tower. An increase of antenna height greater than fifteen (15) feet may be considered through submission of a special exception application. If such permitted use shall include the placement of additional buildings or other supporting equipment used in connection with said antennas, such building or equipment shall be placed within the existing structure or property and shall be necessary for such use and properly screened. Placement of antenna and/or other similar telecommunication devices on residential, commercial or industrial accessory uses and structures listed in section 25-431(b) and (c) of the zoning ordinance is prohibited including flagpoles or any pole designed to display a flag. Existing or proposed structures shall not be intentionally altered to circumvent this division.

(c)

General requirements.

(1)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses when considering area requirements on a given parcel of land. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or towers on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this division shall not be deemed to constitute the expansion of a nonconforming use or structure.

(2)

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the planning and zoning department an inventory of its existing and potential future facilities that are either within the jurisdiction of the governing authority or within five (5) miles of the border thereof, including specific information about the location, height, and design of each tower and/or antenna. Such information submitted to the county is public information, and thus the planning and zoning department may share such information with other applicants applying for approvals or special exception permits under this division or other organizations seeking to locate antennas within the jurisdiction of the governing authority; provided, however that the planning and zoning department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(3)

A commission permit in accord with Section 15.2-2232 of the Code of Virginia shall be required prior to or in conjunction with any special exception approvals that may be required by the district regulations of this chapter.

(d)

Appearance, lighting. The guidelines set forth in this section shall govern the location of all towers and the installation of all antennas governed by this division; provided, however, that the governing authority may waive any of these requirements if it determines that the goals of this division are better served thereby.

(1)

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of FAA, be painted a neutral color, as to reduce visual obtrusiveness. Dish antennas and covers will be of a neutral, nonreflective color with no logos or other markings.

(2)

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

(3)

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

(4)

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

(5)

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

(e)

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

If such standards and regulations are changed, then the owners of the towers and antennas governed by this division shall bring such towers and antennas into compliance with such revised standards as required. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. All towers and antennas constructed on property owned or leased by the federal or state government must also meet all Botetourt County tower requirements of the Botetourt County Zoning Ordinance.

(f)

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

(g)

Information required. Each applicant requesting a special exception permit under this division shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals in the Commonwealth of Virginia, showing the location and dimensions of all improvements, including information concerning topography, existing vegetation, proposed clearing and grading, radio frequency coverage, tower height and antenna location requirements, setbacks, ingress/egress, parking, fencing, landscaping, adjacent uses, and other information deemed by the governing authority to be necessary to assess compliance with this division. Additionally the applicant shall provide actual photographs of the site from designated relevant views that include a simulated photographic image of the proposed tower and antennas. The photograph with the simulated image shall include the foreground, the mid-ground and the background of the site.

(1)

An engineering report, certifying that the proposed tower is compatible for co-location when more than one (1) user is proposed for the same tower, must be submitted by the applicant.

(2)

The applicant shall pay all costs associated with notifying adjoining property owners and other nearby residents by certified letter concerning the project prior to public hearings before the planning commission and board of supervisors.

(3)

The applicant shall provide copies of their co-location policy. The applicant shall provide copies of propagation maps using proposed antenna tilt demonstrating that antennas and sites for possible co-locator antennas are no higher in elevation than necessary to serve the intended area.

(h)

Factors to be considered in granting special exception permits for new towers or poles. The governing authority shall consider the following factors, in addition to section 25-583, in determining whether to issue a special exception permit, although the governing authority may waive or reduce the burden on the applicant of one (1) or more of these criteria if the governing authority, concludes that the goals of this division are better served thereby.

(1)

Height of the proposed tower (towers shall not exceed one hundred ninety-nine (199) feet).

(2)

Proximity of the tower or pole to residential structures and residential district boundaries, historic structures and districts, Blue Ridge Parkway, Appalachian Trail, or other manmade or unique natural areas within the county.

(3)

Nature of the adjacent uses and nearby properties.

(4)

Surrounding topography.

(5)

Impact on surrounding tree coverage and foliage; such impacts shall be kept to the minimum for the installation of the facility.

(6)

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

(7)

Proposed ingress and egress.

(8)

Co-location policy. A written policy for permitting future co-locations of telecommunications facilities shall be provided and maintained to the satisfaction of the zoning administrator.

(9)

Language of the lease agreement.

(10)

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

(11)

Availability of suitable existing towers and other structures as provided for in section 25-441(i) below.

(i)

Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant's proposed antenna.

Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

(1)

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

(2)

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

(3)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment and cannot be made or reconstructed to support additional antennas.

(4)

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

(5)

The fees, costs, or contractual provisions required by the owner in order to share or to adapt an existing tower or structure are unreasonable.

(6)

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

(j)

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

(1)

Towers must be set back a distance equal to two hundred (200) percent of the height of the tower from any off-site residential structure. Towers must be set back one hundred (100) percent of the height of the tower from the boundaries of the property on which the tower is located.

(k)

Security fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the governing authority may waive such requirements, as it deems appropriate.

(l)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special exception permit is required; provided, however, that the governing body may waive such requirements if the goals of this division would be better served thereby.

(1)

Tower facilities shall be landscaped with a mix of deciduous and evergreen trees that effectively screens the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip of at least ten (10) feet wide outside the perimeter of the compound.

(2)

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

(m)

Local government access. Owners of towers shall provide the county co-location opportunities without compensation as a community benefit to improve radio communications for county departments and emergency services provided it does not conflict with the co-location requirements of this section.

(n)

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the governing authority notifying the owner of such removal requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. The buildings may remain with the property owner's approval. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. If the tower is not removed per this section, the county may require the landowner to have it removed. A written agreement assuring prompt removal of the tower upon abandonment, at the responsibility and cost of the tower owner or landowner shall be provided to the county at the time of approval and shall be maintained to the satisfaction of the zoning administrator. The county may, at its discretion, require a bond to cover potential future costs of timely removal of such tower or antenna.

(o)

Special review fees. Any costs associated with the review of the special exception permit for the county by a licensed engineer shall be paid by the applicant. Any payment of such fees would in no way be a substitute of payment for any other application review fees otherwise required by this chapter.

(Res. of 1-1-02, § 4-111; Res. No. 13-02-11, 2-26-13)

Temporary activities, subject to the conditions and restrictions set forth herein, may be approved by the zoning administrator in any zoning district through the issuance of a temporary commercial activity permit when, in the sole judgment of the zoning administrator, the public health, safety and welfare will not be impaired, and when the use is not so recurring in nature as to constitute a permanent use requiring an approved site plan.

(1)

General standards. All temporary uses shall meet the following restrictions:

a.

Structures shall not exceed four hundred (400) square feet in floor area nor be closer than thirty (30) feet to a public road right-of-way. If applicable, temporary structures shall meet all of the requirements of the Virginia Uniform Statewide Building Code.

b.

Entrances and exits to public roads shall be clearly marked, and located so as to provide safe access to the site.

c.

Adequate on-site parking is provided for the activity intended.

d.

Removal of temporary structures and all signs, materials and debris shall be guaranteed in writing and such structures shall be removed immediately upon termination of the activity, including adequate bond to ensure such removal.

e.

Permits shall be valid for a period not to exceed thirty consecutive (30) days unless extended by the zoning administrator, and each event or activity on a site shall be separated by a period of not less than thirty (30) consecutive days.

(2)

Other conditions. The zoning administrator may impose additional conditions on any temporary use or activity if the administrator deems such conditions necessary to alleviate or prevent any adverse impacts, including but not limited to limitations or requirements regarding noise, hours of operation, wastewater disposal, outdoor lighting and security measures.

(3)

Construction activities. Temporary buildings and storage of materials necessary to support on-site activities for constructing buildings and structures are permitted when located on the same parcel where the construction is taking place and when limited to the duration of the construction. However, the erection and occupancy of a temporary dwelling for up to twelve (12) months during construction of a permanent dwelling on the same site requires a zoning permit, to be issued concurrently or after the issuance of the building permit for the permanent dwelling.

(Res. of 1-1-02, § 4-112; Res. No. 03-06-14, 6-17-03)

In all zoning districts, a structure or use may convert to condominium ownership only if all requirements of this zoning ordinance, the subdivision ordinance, the comprehensive plan, and all other applicable ordinances can be met. There shall be no vested right to convert to condominium ownership without such conformance, however, conversion may be allowed without such conformance with a special use permit, or, if otherwise authorized, a variance.

(Res. of 1-1-02, § 4-113)

(a)

General standards for portable storage containers ("containers").

(1)

The provisions of this section shall not apply to containers used in association with an approved construction project with an active building permit.

(2)

Containers used for agricultural, commercial, and industrial uses in the agricultural (A-1); forest conservation (FC); business (B-1, B-2, B-3); industrial (M -1, M-2, M-3); professional office park (POP); and professional industrial park (PIP) use districts shall not be administered by this section.

(3)

Containers used for residential purposes (in any residential use district or in the A-1 or FC use districts) shall be governed by this section.

(b)

Standards for containers for residential uses.

(1)

Containers shall not be utilized as permanent accessory structures; this includes the use of semi-trailers or any other variety of trailers.

(2)

Containers shall be permitted only upon the same lot as the principal structure it is accessory to. Containers are prohibited on any lot without a principal structure.

(3)

Containers shall not be connected to any utilities.

(4)

Vertical stacking of containers is prohibited.

(5)

Signage on containers shall be limited to information regarding the container supplier only. Signs shall not contain any other advertising for any other product or service.

(6)

Only one (1) container shall be located on site for a period no longer than thirty (30) consecutive days within a six-month period. Proof of duration shall be required upon request by the zoning administrator by providing the rental invoice, indicating the delivery date. The zoning administrator, upon written request, may give up to a ninety-day extension or may increase the number of containers for extenuating circumstances such as residential structure damage due to a natural disaster, extensive renovation, or similar circumstances.

(7)

Containers may be placed in driveways, but shall be setback a minimum of ten (10) feet from the front property line. Otherwise, containers shall not be stored in front of the frontline of the residential structure. Containers shall meet required setbacks for accessory structures in rear and side yards in accordance with this chapter.

(8)

Containers shall not be placed in such a way as to prohibit or obstruct vehicular or pedestrian (sidewalk) traffic. Containers shall not be placed in a public right-of-way or easement. In addition, containers shall not be placed in a way or fashion that obstructs public safety access. Containers shall not be placed in an area designated as a flood hazard area.

(9)

Containers shall not exceed a height of nine (9) feet.

(Res. No. 11-10-10, 10-25-11)

Large format retail uses as defined in section 25-601 must meet the following additional requirements. Where provisions in this section conflict with other applicable provisions in chapter 25, including those from the Traditional Neighborhood District (TND) and the Gateway Crossing Overlay District that should generally be met, the more stringent requirements shall apply, unless modified by the board of supervisors through conditions imposed as part of a special exception approval.

(1)

Consistency with comprehensive plan.

a.

No large format retail use may be approved unless it is found by the board of supervisors to be in conformance with the comprehensive plan.

b.

Applicants must clearly demonstrate that the use will be compatible with adjacent properties and land uses, particularly with regard to traffic circulation, parking, lighting, and buffering.

(2)

Access.

a.

An application for a special exception permit shall include a VDOT traffic impact statement or traffic impact analysis consisting of the required elements from 24VAC30-155-60 of the Code of Virginia. Entrances to the site must be kept to a minimum, and must be placed in such a way as to maintain safety, efficient traffic circulation, and to limit the impact on any adjacent properties and land uses.

b.

Paved sidewalks, a minimum of five (5) feet in width, must be provided along public rights-of-way and must connect to the required sidewalk along the façade of buildings.

c.

Paved sidewalks, a minimum of eight (8) feet in width, must be provided along the facades of buildings with customer entrances or building facades abutting customer parking spaces. When provided outside of the primary building envelope, vending machines, newspaper/magazine stands and similar vending facilities must be within vestibules or in kiosks designed consistent with the architecture of the principal structure, and constructed using the same finish materials.

(3)

Landscaping and screening.

a.

An application for a special exception permit shall include a landscape plan, showing how the requirements of this ordinance will be met.

b.

In lieu of section 25-485(c) peripheral parking lot landscaping, a landscape strip of a minimum of thirty (30) feet in width shall be provided along all existing and proposed public rights-of-way and shall be planted with one (1) canopy tree for each fifty (50) net linear feet of land abutting the right-of-way, one (1) understory tree per thirty (30) net linear feet of land abutting the right-of-way and one (1) evergreen tree for each thirty (30) net linear feet of land abutting the right-of-way. Net linear feet is defined as total (gross) linear feet less any space for required entrances or other public rights-of-way, including pedestrian and utility crossings. Retaining walls may be placed within the landscape strip.

c.

An opaque fence or wall of at least six (6) feet in height, within a landscape strip of a minimum of fifty (50) feet in width, shall be installed adjacent to all parcels located in a residential use district, except those in PUD or TND.

d.

The edges of all parking areas facing public rights-of-way shall be planted with either a continuous screen of evergreen shrubs, and/or an earth berm no less than thirty (30) inches in height.

e.

Required landscaping must be provided outside of any utility easements or existing or proposed rights-of-way, but may contain driveways, sidewalks and utility crossings.

f.

All exterior ground-mounted equipment (e.g. HVAC, utility boxes, and control boxes) must be screened with fencing, walls and landscaping that are compatible in design with other elements or features used for the principal structure and in accord with any utility company standards.

(4)

Parking and loading.

a.

Parking shall be located behind the front façade line of the principal structure from an existing or proposed public right-of-way, except when approved by the board of supervisors as part of the special exception permit approval.

b.

Loading areas shall be sited in such a way so as to minimize the visual and sound impact on any surrounding neighborhood, or adjacent residentially zoned property.

c.

Loading areas shall be screened from view from existing or proposed public rights-of-way or adjacent residentially zoned property.

d.

When located adjacent to residential use districts, deliveries, loading, trash removal or compaction, and other outdoor activities (not including outdoor sales, where permitted) are restricted to the hours of 7:00 a.m. to 9:00 p.m. unless conditions are established, satisfactory to the board of supervisors, that noise levels generated from these activities will be adequately mitigated to protect surrounding residents and property owners.

(5)

Signs.

a.

Special exception permit applications for large retail uses may contain a sign plan including scaled drawings and graphic representations of all signs, building facades where signs will be placed or mounted, sign locations and dimensions.

b.

The location, dimensions, and design concept of any proposed signage shall be provided at the time of the special exception permit application.

c.

When large retail uses are located within a planned development, commercial subdivision or shopping center, the sign plan may be structured to include a master sign plan for the overall development, which shall be coordinated in terms of design features.

d.

If no sign plan is included in the application, all signs shall be required to adhere to the sign standards from division 2, signs.

(6)

Maintenance.

a.

An application for special exception permit shall include a maintenance plan that identifies maintenance provisions for landscaping, stormwater facilities, travel ways, sidewalks, fences and walls, lighting and signage that are located within common areas when the large format retail use is located within a development with multiple parcels.

(7)

Fences and walls.

a.

Fences and walls, except between abutting commercial use or lots, must be of durable materials that incorporate architectural features from the primary building on the site. Fences shall not be considered division fences as referenced in Code of Virginia § 55.1-2822, and shall be constructed and maintained at the sole expense of the owner of the site.

(8)

Design standards.

a.

An application for a special exception permit shall include proposed building elevations for all sides of the building to demonstrate conformance with the following requirements. The street elevation of each large format retail sales structure shall have at least one (1) major street-oriented primary entrance and contain the principal windows of the store. The board of supervisors may grant an exception to this requirement in cases where the front lot line is not perceived by customers as being the front of the site. The intent of this provision is to avoid locating expansive wall areas with little to no articulation facing public rights-of-way. Should the board of supervisors grant an exception, building walls that are visible from a public right-of-way should be designed using building materials that are consistent with those used on the front or primary entrance to the building, contain similar detailing and be comparable in quality.

b.

All rooftop equipment should be screened through the use of parapets or other opaque walls constructed of materials complimentary to the exterior walls.

(Res. No. 11-10-10, 10-25-11; Ord. of 2-27-24)

(a)

Purpose. The purpose of this section is to establish requirements for construction and operation of wind energy systems and to provide standards for the placement, design, construction, monitoring, modification, and removal of wind facilities; address public safety, minimize impacts on scenic, natural, and historic resources; and provide adequate financial assurance for decommissioning.

(b)

Applicability. This division shall apply to all wind energy systems constructed after the effective date of this division, including any physical modifications to any existing wind facilities that materially alter the type, configuration, or size of such facilities or other equipment.

(c)

General requirements.

(1)

All wind energy systems, temporary meteorological towers (MET), and wind turbines, including but not limited to their associated electrical and mechanical components, shall conform to relevant and applicable local, state and federal codes, including, but not limited to, safety and performance codes.

(2)

A building and zoning permit is required prior to the initiation of construction of any and each component of a wind energy system or a temporary meteorological tower (MET).

(d)

Temporary meteorological tower (MET) or wind monitoring tower requirements; by right. A temporary meteorological tower is permitted as a use by right in the Agricultural Use District (A-1) and the Forest Conservation Use District (FC) provided the following requirements are met:

(1)

Height. A temporary meteorological tower shall not exceed one hundred ninety-nine (199) feet in height.

(2)

Lot or parcel size. No temporary meteorological tower shall be permitted by right on a lot or parcel smaller than five thousand (5,000) acres in size.

(3)

Setbacks. A temporary meteorological tower shall be setback a distance at least equal to four hundred (400) percent of the total structure height from any property line.

(4)

Lighting. A temporary meteorological tower shall not be artificially lighted unless required by the FAA or appropriate authority.

(5)

Maximum period of special exception permit. A temporary meteorological tower is intended to be a temporary structure and any approved permit shall be valid for a period that does not exceed twenty-four (24) months.

(e)

Temporary meteorological tower (MET) or wind monitoring tower requirements; special exception. A temporary meteorological tower must obtain special exception permit approval in accordance with section 25-583 of this chapter in the Agricultural Use District (A-1) and the Forest Conservation Use District (FC) provided the following requirements are met:

(1)

Height. A temporary meteorological tower shall not exceed one hundred ninety-nine (199) feet in height.

(2)

Lot or parcel size. No temporary meteorological tower shall be located on a lot or parcel smaller than two (2) acres in size.

(3)

Setbacks. A temporary meteorological tower shall be setback a distance at least equal to one hundred ten (110) percent of the total structure height from any property line or a distance at least equal to one hundred fifty (150) percent of its total height from the nearest occupied building on a non-participating landowner's property.

(4)

Lighting. A temporary meteorological tower shall not be artificially lighted unless required by the FAA or appropriate authority.

(5)

Maximum period of special exception permit. A temporary meteorological tower is intended to be a temporary structure and any approved permit shall be valid for a period that does not exceed twenty-four (24) months.

(f)

Reserved.

(g)

Reserved.

(h)

Reserved.

(i)

Reserved.

(j)

Reserved.

(k)

Reserved.

(l)

Utility scale wind energy system requirements. A utility scale wind energy system must obtain special exception permit approval in accordance with section 25-583 of this chapter in the Agricultural Use District (A-1) and the Forest Conservation Use District (FC) provided the following requirements are met:

(1)

Energy capacity. Utility scale wind energy system shall include all such systems that have a rated capacity of one (1) megawatt or greater.

(2)

Lot or parcel size. The minimum lot size for a utility scale wind energy system shall be five (5) acres per turbine.

(3)

Turbine height. The individual turbines shall not exceed six hundred eighty (680) feet in height, as measured from the ground to the highest vertical portion of the blade when fully extended. The system height established through a special exception permit shall supersede any other height requirement in the zoning ordinance.

(4)

Setbacks. Wind turbines, post construction meteorological towers and other associated towers shall be set back a distance at least equal to one hundred ten (110) percent of its total height from all adjacent non-participating landowner's property lines and a distance equal at least to one hundred fifty (150) percent of its total height from the nearest occupied building on a non-participating landowner's property. Wind energy systems shall meet all setback requirements for primary structures for the zoning district in which the wind energy system is located in addition to the requirements set forth above.

(5)

Separation. The minimum distance required between turbines shall be no less than one hundred fifty (150) percent of the total structure height.

(6)

Commission permit. A commission permit in accord with Section 15.2-2232 of the Code of Virginia shall be required prior to or in conjunction with any special exception approvals that may be required by the district regulations of this chapter.

(m)

Equipment and structures for substations and facilities for points of interconnection. The height of equipment and structures related to substations and similar facilities shall not exceed one hundred (100) feet. This limit shall not apply to any state-regulated transmission poles.

(n)

Reserved.

(o)

Requirements for wind energy systems with a rated capacity of one hundred (100) kilowatts or more.

(1)

Siting requirements. The requirements for siting and construction of all wind energy systems with a rated capacity of one hundred (100) kilowatts or more shall include the following.

(2)

Wind energy system towers shall be of monopole design and shall be painted a non-reflective unobtrusive color such as white, off-white or gray that blends with the surrounding environment and prevents glint, unless Federal Aviation Administration (FAA) standards require otherwise. The planning commission and board of supervisors may approve any other color that is deemed to be less visually obtrusive.

(3)

Wind energy system towers shall not be artificially lighted unless required by the FAA or appropriate authority. If lighting is required, the owner or operator shall provide a copy of the FAA determination to establish the required markings and/or lights for the wind turbines. Lighting of other parts of the wind energy project, such as appurtenant structures, shall conform to the requirement for outdoor lighting in article IV, division 5.

(4)

No tower should have any sign, writing, or picture that may be construed as advertising. Appropriate warning signage shall be placed on wind turbines, electrical equipment, and wind energy systems project entrances. All signs, flags, streamers or similar items, both temporary and permanent, are prohibited on turbines except as follows:

(a)

Manufacturer's or installer's identification on the wind turbine.

(b)

Appropriate warning signs and placards.

(c)

Signs that may be required by a federal or state agency.

(d)

Signs that provide a 24-hour emergency contact phone number and warn of any danger.

(e)

Audible sound from a wind energy system shall not exceed sixty (60) decibels, as measured from any adjacent non-participating landowners' property line. This level may be exceeded during short-term exceptional circumstances, such as severe weather. In accordance with section 25-446(o)(8)(g) below, an applicant for a wind energy system with a rated capacity of one hundred kilowatts (100 kW) or more shall provide a sound study. The owner or operator of a wind energy system shall measure and document, on a continuing basis, which shall not be less frequent than annually, or upon by request by the county, that noise levels comply with the study, and any violation will constitute a zoning violation.

(f)

The minimum distance between the ground and any protruding blades utilized on a wind energy system shall be fifteen (15) feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall be ten (10) feet higher than the tallest peak of any structure within one hundred fifty (150) feet of the base of the tower.

(g)

Wind energy systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the wind energy system.

(h)

The base of the tower shall not be climbable for a distance of fifteen (15) feet above ground surface.

(i)

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by unauthorized persons.

(j)

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

(k)

Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind energy system. Adherence to erosion and sediment control regulations is required. The restoration of natural vegetation in areas denuded for construction activities shall be required so long as the restored vegetation does not interfere with the operation of the wind energy system or the maintenance thereof.

(l)

Any on site transmission or power lines shall be placed underground, unless written evidence is provided, satisfactory to the board of supervisors during the special exception permit process, demonstrating the need for transmission or power lines to be placed above ground.

(5)

Local, federal and state requirements:

(a)

Wind energy systems must comply with applicable FAA regulations.

(b)

Wind energy systems shall be designed, constructed and operated without significant adverse impact to fish, wildlife or native plant resources, including fish and wildlife habitat, migratory routes, and state or federally-listed threatened or endangered fish, wildlife or plant species, and to meet all applicable state and federal environmental requirements.

(c)

Utility scale wind energy systems that generate over five (5) megawatts of electricity shall comply with the Virginia Department of Environmental Quality (DEQ) and Virginia State Corporation Commission (SCC) application regulations and receive all necessary approvals as required, prior to issuance of a zoning and building permit, as required by section 25-571 of this chapter.

(6)

Reserved.

(7)

Reserved.

(8)

Special exception permit required. Any landowner, in cooperation with the owner and/or proposed operator of any proposed wind energy system with a rated capacity of greater than one hundred kilowatts (100 kW), constructed after the effective date of this ordinance, including any physical modifications to any existing wind energy systems that materially alter the type, configuration, or size of such systems or other equipment, must obtain special exception permit approval in accordance with section 25-583 of this chapter. In addition to the requirements set forth in section 25-583, wind energy systems with a rated capacity of greater than one hundred kilowatts (100 kW) are subject to the following application requirements:

(a)

Project description. A narrative identifying the applicant and the proposed owner or operator of the wind energy system and a description of the proposed wind project, including an overview of the project and its location; approximate generating capacity of the wind energy project; the approximate number, types and height or range of heights of wind turbines to be constructed; and a description of ancillary facilities, if applicable. This should include all specifications of the proposed wind energy system, including the manufacturer and model, materials, color and finish, rotor diameters, rated capacity and tower types.

(b)

Concept plan. Each applicant requesting a special exception permit for a wind energy system shall submit a scaled concept plan, prepared by an engineer with a professional engineering license in the Commonwealth of Virginia, to include the following:

1.

The proposed location of all wind energy system structures and components, including all turbines, permanent meteorological towers, ground equipment, transmission lines, utility lines, electrical storage and cabling, collection and supply equipment, transformers, ancillary equipment and other proposed structures. The concept plan should indicate if proposed transmission or utility lines are to be above ground or underground;

2.

Property lines, setback lines, access roads and turnout locations, parking, proposed lighting, service areas, any existing or proposed easements and/or rights-of-way, and excavation and fill areas;

3.

Proposed heights of all wind energy systems structures. The applicant shall provide evidence that the proposed height of the wind turbines does not exceed the height recommended by the manufacturer or distributor of the system;

4.

The location of any public or private road rights-of-way being utilized for or adjacent to the proposed project;

5.

The location of existing vegetation and the limits of proposed clearing and grading;

6.

Existing tree cover, including average height of trees, on the subject property and on adjacent parcels within the setback distance of any component of the wind energy system;

7.

Outline of all existing buildings and their uses on all adjacent parcels within the setback distance of any component of the wind energy system. Include distances from the wind energy system to each building shown;

8.

Location of visualization viewpoints as required in this section.

(c)

Wind study. The applicant shall provide a summary of the wind data gathered for the proposed system. The dates and periods of the collection of the wind data shall also be submitted.

(d)

Visual impact analysis. The applicant shall demonstrate through project siting and proposed mitigation, if necessary, that the wind energy system minimizes impact on the visual character of Botetourt County.

1.

The applicant shall provide accurate, to scale, photographic simulations showing the relationship of the wind energy system and its associated facilities and development to its surroundings. The photographic simulations shall show such views of wind energy structures from locations such as property lines and roadways, as deemed necessary by the county in order to assess the visual impact of the wind energy system.

a.

The total number of simulations and the perspectives from which they are prepared shall be established by the zoning administrator after the pre-application meeting.

b.

Visual representations shall be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the wind system.

c.

All visual representations will include existing, as well as proposed buildings and tree coverage.

d.

The visualizations must be accompanied by a complete description of the technical procedures used to produce the visualization (distances, angles, lens, etc.).

2.

The applicant shall also provide scaled elevation views.

(e)

Operation and maintenance plan. A plan for the operation and maintenance of the wind energy system. The plan should identify and list methods to mitigate any signal interference resulting in the disruption or loss of radio, telephone, television or similar signals or service.

(f)

Environmental inventory and impact statement. The applicant shall present information regarding any site and viewshed impacts, including direct and indirect impacts to national and state forests, national or state parks, wildlife management areas, conservation easements, or any known historic or cultural resources within five (5) miles of the proposed project. The applicant shall provide evidence of written notification to the office of a national or state forest, national or state park unit, wildlife management area, or known historic or cultural resource sites, if a proposed wind energy system is within five (5) miles of the boundary of said entity.

(g)

Sound study. A sound study, prepared by an independent acoustical engineer, to provide an assessment of pre-construction and post-construction conditions. Additionally, the applicant shall provide documentation regarding noise complaint response procedures and protocol for post-construction monitoring.

(h)

Construction plan. A phasing schedule for the construction of the large wind energy system or utility wind energy system, including the estimated commencement and completion date. Such plan shall identify staging areas, off-site storage facilities, and transportation routes to be used by construction and delivery vehicles, and the gross weight and height of the maximum delivery vehicle.

(i)

Shadow flicker model. A shadow flicker model, prepared by an independent engineer, that certifies that any wind turbine that is sited within one-half mile of any occupied building on a non-participating landowner's property either avoids shadow flicker on any occupied building or that reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property shall be made. The model shall include a description of the zones where shadow flicker will likely be present within the project boundary and a one-half mile radius beyond the project boundary, the expected durations of the flicker at these locations and the calculation of the total number of hours per year of flicker at all locations.

(j)

Decommissioning plan. As part of the project application, the applicant shall submit a decommissioning plan, certified by an engineer with a professional engineering license in the Commonwealth of Virginia, which shall include the following:

1.

The anticipated life of the project;

2.

The estimated decommissioning cost in current dollars;

3.

How said estimate was determined;

4.

The method of ensuring that funds will be available for decommissioning and restoration;

5.

The method that the decommissioning cost will be kept current; and

6.

The manner in which the project will be decommissioned and the site restored.

(k)

Independent review. Upon submission for a special exception permit for a wind energy system, the county will be authorized to hire an independent consultant to review the application and all associated documents for compliance with this section and any other state and federal codes. Any costs associated with the review shall be paid by the applicant. Any payment of such fees would in no way be a substitute of payment for any other application review fees otherwise required by this chapter.

(9)

Monitoring and maintenance. The owner or operator shall maintain large wind energy systems and utility wind energy systems in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the foundation and support structure and security barrier if applicable, and maintenance of the buffer areas and landscaping if present. Site access shall be maintained to a level acceptable to the chief of fire and emergency medical service. The project owner shall be responsible for the cost of maintaining the large wind energy system and utility scale wind energy system and access roads, unless accepted as a public way, and the cost of repairing damage to private roads occurring as a result of construction and operation.

(10)

Liability insurance. The owner or operator shall provide written evidence of liability insurance in an amount acceptable to the purchasing utility provider for utility-scale wind energy systems prior to the issuance of a zoning/building permit.

(11)

Emergency response plan. The owner or operator shall coordinate with county emergency services to develop, implement and periodically update, including exercising of, an emergency response plan for the wind energy system.

(12)

Signal interference. Large wind energy systems and utility wind energy systems shall be sited in a manner that causes no disruption or loss of radio, telephone, television or similar signals or service. If loss or disruption occurs due to the operation of the large wind energy system or utility wind energy system, the owner or operator shall be required to provide appropriate mitigation measures to ensure that the signal or service is restored within twenty-four (24) hours. The owner or operator of a wind energy system may be required to discontinue use until the specified interference has been corrected.

(13)

Abandonment, decommissioning and expiration. Any wind energy system which has reached the end of its useful life or has been abandoned shall be removed. At such time that a large wind energy system or utility wind energy system is known to be abandoned or discontinued, the owner shall notify the zoning administrator within ten (10) days of such knowledge by certified mail of the proposed date of discontinued operations and plans for removal. The owner or operator shall physically remove the wind system and restore the site no more than one hundred fifty (150) days after the date of discontinued operations. This may be extended by up to one hundred fifty (150) days if a written request is submitted by the landowner and approved by the zoning administrator. Decommissioning of discontinued or abandoned wind energy system shall include the following:

(a)

Physical removal of all wind turbine(s) and above-ground appurtenant structures from the subject property including, but not limited to, buildings, machinery, equipment, cabling and connections to transmission lines, equipment shelters, security barriers, electrical components, roads, unless such roads need to remain to access buildings retrofitted for another purpose, or if a written request is submitted by the landowner and approved by the zoning administrator that such roads remain).

(b)

Below-grade structures, such as foundations and underground collection cabling, shall be removed to a depth of four (4) feet below ground level or covered to an equivalent depth with fill material; however, these structures may be allowed to remain if a written request is submitted by the landowner and approved by the zoning administrator. Compacted soils shall be decompacted to a depth of four (4) feet.

(c)

Restoration of the topography of the project site to its pre-existing condition, except that any landscaping or grading may remain in the after-condition if a written request is submitted by the landowner and approved by the zoning administrator.

(d)

Proper disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations.

(e)

Abandonment: Absent notice of a proposed date of decommissioning, the system shall be considered abandoned when the system fails to operate for more than one year without the written consent of the zoning administrator. The county shall determine at its discretion what proportion of the system is inoperable for the system to be considered abandoned. If the applicant fails to remove the wind energy system in accordance with the requirements of this section within one hundred fifty (150) days of abandonment or the proposed date of decommissioning, the county or its agents shall have the authority to enter the property and physically remove the system and the costs of such removal shall be at the owner's expense.

(f)

Prior to obtaining a building and zoning permit, and on every fifth anniversary of the commencement of the commercial operation of the project, the owner or operator shall provide to the county an estimate of the projected cost of decommissioning as stated in the required decommissioning plan, and as stated in section 25-446(o)(13) above, prepared by an independent engineer with a professional engineering license in the Commonwealth of Virginia.

(g)

Based on this determination, the owner or operator shall post a surety bond, cash bond, or an irrevocable letter of credit, in a form approved by the county administrator or the county attorney, in order to ensure removal and decommissioning of the utility-scale wind energy project when it is no longer used for the generation of electricity. Such surety shall be an amount approved by the Zoning Administrator, that is no less than the total estimated cost for decommissioning, removing and restoring the site for the wind energy system as stated above plus ten percent (10%) of said estimated costs as a reasonable allowance for administrative costs, inflation, and potential damage to existing roads and utilities.

(h)

The applicant will ensure the surety shall remain in full force and effect until the County has inspected the site and verified the wind energy system has been decommissioned as stated above, at which time the County shall release the surety. The surety shall be binding on subsequent owners of the property or wind energy system. If the property owner or responsible party fails to decommission the wind project or to decommission a discontinued or derelict wind turbine in accordance with this section, Botetourt County may access such surety for the completion of decommissioning and site restoration. Any excess funds that accrue after consideration of salvage value may be returned to the responsible party.

(14)

Annual report. The facility owner and operator of each wind energy systems with a rated capacity of one hundred kilowatts (100 kW) or more shall submit a report to the zoning administrator once a year, no later than July 1. The report shall state the current user status of the wind energy system. The yearly report shall include a phone number and identify a responsible person for the public to contact with inquiries and complaints available twenty-four (24) hours a day, seven (7) days a week throughout the life of the facility or turbine.

(15)

Notice of change in ownership. Notice shall be provided to the county within ten (10) working days of any change in ownership of the facility.

(Res. No. 15-06-18, 6-23-15; Res. No. 20-05-18, 5-26-20; Res. No. 20-05-19, 5-26-20; Res. No. 20-05-20, 5-26-20)

(a)

Purpose and intent. The purpose of this section is provide for and regulate the siting, development, construction, installation, operation, maintenance, modification, and decommissioning of solar energy facilities in a manner that promotes development of renewable energy sources and economic development of the community, while preserving natural resources including pollinator and wildlife habitats and agricultural, forestall, residential, commercial, industrial, historical, cultural, and recreational resources and uses, and promoting the public health, safety, general welfare, and good zoning practice.

(b)

Applicability. This section shall apply to all solar energy facilities constructed after the effective date of this section, including any physical modifications to any existing solar energy facilities that materially alter the type, configuration, generation capacity, or physical size.

(c)

General requirements. Unless otherwise specified, the following standards apply to all solar energy facilities.

(1)

A building and zoning permit is required prior to the initiation of construction of each component of any solar energy facility.

(2)

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

(3)

Solar energy facilities shall comply with all provisions of the Virginia Uniform Statewide Building Code.

(4)

Solar energy facilities shall use panels that employ anti-glare technology and anti-reflective coatings that meet or exceed industry standards, to reduce glint and glare.

(5)

Roof-mounted solar panels may be attached to non-conforming structures. Roof-mounted solar panel shall not result in an increase in nonconformity.

(6)

Roof-mounted solar energy facilities shall not be subject to buffering regulations.

(7)

Roof-mounted solar energy facilities shall not extend more than five (5) feet above the highest point of the roof nor exceed the maximum permitted height in each use district.

(d)

Districts permitted. Solar energy facilities shall be permitted in the following districts:

P = Permitted by-right, S = By SEP only, — = Not permitted

(e)

Development standards for small-scale solar energy facilities. The following provisions shall apply to all small-scale solar energy facilities:

(1)

Small-scale solar energy facilities shall comply with the provisions of section 25-431.

(2)

Small-scale solar energy facilities shall comply with the accessory structure setback and lot coverage requirements in the zoning districts where small solar energy facilities are permitted as an accessory use.

(3)

Ground-mounted panels and equipment shall not exceed a height of twelve (12) feet.

(4)

Power and communication lines running between ground-mounted solar panels, connection points at buildings, and other related equipment shall be buried underground.

(f)

Development standards for ground-mounted minor and utility-scale solar energy facilities. The following development standards apply to minor and utility-scale solar energy facilities:

(1)

Setbacks. All ground-mounted minor and utility-scale solar energy facilities shall be set back at least one hundred fifty (150) feet from all abutting public rights-of-way and from adjacent property lines. Access, erosion and stormwater structures, and interconnection to the electrical grid may be made through setback areas.

(2)

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

(3)

Erosion and sediment control. Site clearing shall not exceed one hundred (100) acres for each phase of development. Sediment control features shall receive county approval on each phase before beginning any land disturbance or construction activities. Applicants to obtain a written report from an independent engineer determining the stabilization of each phase of construction. Once this determination is made another phase of land disturbance activities can begin.

(4)

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

(5)

Vegetative buffer. A vegetative buffer sufficient to mitigate the visual impact of the facility is required. The buffer must consist of a landscaping strip at least one hundred fifty (150) feet wide, located within the required setbacks and shall run around the entire perimeter of the project area. Buffers shall not contain stormwater holding ponds. Within the buffer area there shall be sufficient existing vegetation and trees to create an opaque visual barrier to screen the project area from view. If no such barrier exists, the applicant shall establish this landscaped strip consisting of two (2) rows of staggered evergreens ten (10) feet apart and on fifteen (15) foot centers. Such trees shall be at least three (3) feet tall at the time of planting and expected to grow to a minimum height of twenty (20) feet within ten (10) years. Non-invasive plant species and pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs, or wildflowers must be used in the vegetative buffer.

(6)

Existing trees and vegetation in the buffer shall be maintained for the life of the facility. Trees removed from the buffer shall be replaced by planting a similar tree in the buffer at least five (5) feet in height at the time of planting.

(7)

The planning commission may recommend, and the board of supervisors impose alternative conditions having the effect of waiving or altering the vegetative screening and/or buffer requirements when the applicant proposes to preserve existing wetlands or woodlands to serve as a buffer.

(8)

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

(9)

Lighting must comply with division 5, outdoor lighting of this chapter.

(10)

The applicant shall illustrate compliance with all Federal Aviation Administration regulations concerning solar energy facilities.

(g)

Community meeting prior to application for minor or utility-scale solar energy generating facility. A community meeting shall be held prior to the submittal of an application for a special exception permit to give the community an opportunity to hear from the applicant and ask questions regarding the proposed facility. The community meeting shall be held under the following guidelines:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

The applicant shall provide a summary of any input received from the community meeting to the zoning administrator at least one (1) week prior to the first public hearing on the application before the planning commission.

(h)

Application requirements for ground-mounted minor or utility-scale solar facility. A ground-mounted minor solar facility, and utility-scale solar facility must obtain special exception permit approval in accordance with section 25-583 of this chapter. An application for a special exception permit for a ground-mounted minor or utility-scale solar energy facility shall contain:

(1)

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

(2)

Concept plan. Each applicant requesting a special exception permit for a ground-mounted or utility-scale solar energy facility shall submit a scaled concept plan, prepared by an engineer with a professional engineering license in the Commonwealth of Virginia. The concept plan shall include the following information:

a.

Property lines and setback lines.

b.

An area map showing the one (1) mile radius surrounding the site, together with prominent landmarks and physical features.

c.

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

d.

Existing and proposed access roads, permanent entrances, temporary construction entrances, drives, turnout locations, and parking.

e.

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

f.

Fencing or other methods of ensuring public safety.

g.

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

h.

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

i.

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

j.

Pollinator-smart designated areas of the project shall be identified on the concept plan filed with the special exception permit application. At least ten (10) percent of the total acreage of the facility shall be cultivated in such a manner to encourage pollinator habitats in order to help maintain the rural, agricultural nature of the county. Pollinator-smart designated areas shall be identified on the concept plan in accordance with the following standards:

(i)

Pollinator-smart designated areas of the site shall receive prompt seeding with appropriate pollinator-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers and in such a manner as to reduce invasive weed growth and trap sediment within the project area.

(ii)

At the beginning of the next planting season the owner shall over-seed the project area, setbacks, and buffers with appropriate pollinator-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers, following Virginia Pollinator-Smart Program best practices or any such other program as approved by county staff in consultation with the department of environmental quality or the local agricultural extension office.

(iii)

Once established, mowing of the pollinator habitats shall occur between the first and last day of winter in order to reseed these areas.

(3)

Landscape and screening plan. A landscaping and screening plan that addresses the required vegetative buffering and screening, including the use of existing and newly installed vegetation to screen the facility. The plan also must address the use of pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers in the project area and in the setbacks and vegetative buffering. The planning commission or board of supervisors may require increased setbacks and additional or taller vegetative buffering in situations where the height of structures or topography affects the visual impact of the facility.

(4)

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

a.

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

b.

A report on the potential impacts on wildlife and wildlife habitats at the site and within a two (2) mile radius of the proposed facility using information provided by the department of game and inland fisheries or a report prepared by a qualified third party.

c.

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

d.

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

e.

The applicant shall present an environmental inventory and impact statement containing information regarding any site and viewshed impacts, including direct and indirect impacts to national and state forests, national or state parks, wildlife management areas, conservation easements, or any known historic or cultural resources within one (1) mile of the proposed project. The applicant shall provide evidence of written notification to the office of a national or state forest, national or state park unit, wildlife management area, or known historic or cultural resource sites, if a proposed solar energy facility is within one (1) mile of the boundary of said entity.

(5)

Commission permit. A commission permit in accord with Code of Virginia, § 15.2-2232 is required prior to or in conjunction with any special exception approvals that may be required by the district regulations of this chapter.

(6)

Decommissioning plan. As part of the project application, the applicant shall submit a decommissioning plan, certified by an engineer with a professional engineering license in the Commonwealth of Virginia, which shall include the following:

a.

The anticipated life of the project;

b.

The estimated decommissioning cost in current dollars;

c.

How the estimate was determined;

d.

The method of ensuring that funds will be available for decommissioning and restoration;

e.

The method that the decommissioning cost will be kept current; and

f.

The manner in which the project will be decommissioned, and the site restored.

(7)

Independent review. Upon submission for a special exception permit for a solar energy facility, the county may hire an independent consultant to review the application and all associated documents for compliance with this section and any other state and federal codes. Any costs associated with the review shall be paid by the applicant. Any payment of such fees would in no way be a substitute of payment for any other application review fees otherwise required by this chapter.

(8)

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

(i)

Considerations on issuing special exception permit. The board of supervisors may impose conditions reasonably designed to mitigate the impacts of a solar energy facility where permitted only by special exception. Conditions on such a special exception may include requirements for: (i) dedication of real property of substantial value to the county or one (1) of its instrumentalities, or (ii) substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the granting of the special exception, so long as such conditions are reasonably related to the project. In considering any application for a special exception for a minor or utility-scale solar energy facility, the board of supervisors shall give reasonable considerations to the following factors, in addition to those provided in Code of Virginia, § 25-583.2.

(1)

The topography of the site and the surrounding area.

(2)

The proximity of the site to, observability from, and impact on agricultural and residential areas.

(3)

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

(4)

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

(5)

The proximity of the site to, observability from, and impact on areas of scenic significance, such as scenic byways, vistas, and blue ways.

(6)

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

(7)

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

(8)

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

(9)

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

(10)

The size of the site.

(11)

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

(12)

The preservation and protection of prime farmland in the county.

(13)

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

(14)

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

(j)

Annual report, ground-mounted minor and utility-scale solar facilities. The facility owner and operator shall submit a report to the zoning administrator once a year, no later than July 1. The report shall state the current owner and operator of the facility as well as the percentage of panels that are in operation or planned to be operational in the next twelve (12) months, in relation to the current number of permitted panels. The yearly report shall include a phone number and identify a responsible person for Botetourt County staff to contact with inquiries and complaints.

(k)

Notice of change in ownership, ground-mounted minor and utility-scale solar facilities. Notice shall be provided to the county within ten (10) working days of any change in ownership of the facility.

(l)

Decommissioning of a utility-scale solar energy facility. As a condition of the approval of a site plan for a utility-scale solar energy facility, the owner, lessee, or developer of the project (the "responsible party") shall enter into a written project development agreement with the county, setting forth, at a minimum, that:

(1)

At such time that a utility-scale solar energy facility is known to be abandoned or discontinued, the owner shall notify the zoning administrator within ten (10) days of such knowledge of the proposed date of discontinued operations and plans for removal. The owner or operator shall physically remove the system and restore the site no more than twelve (12) months after the date of discontinued operations.

(2)

Decommissioning of discontinued or abandoned system shall include the following:

a.

Physical removal of all solar panels and above-ground appurtenant structures from the subject property including, but not limited to, buildings, machinery, equipment, cabling and connections to transmission lines, equipment shelters, security barriers, electrical components, roads, unless such roads need to remain to access buildings retrofitted for another purpose, or if a written request is submitted by the landowner and approved by the zoning administrator that such roads remain;

b.

reasonable restoration of the real property, including soil stabilization and revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities, or devices;

c.

proper disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations.

(3)

Abandonment: Absent notice of a proposed date of decommissioning, the system shall be considered abandoned when the system fails to operate for more than one (1) year without the written consent of the zoning administrator. The county shall determine at its discretion what proportion of the system is inoperable for the system to be considered abandoned. If the applicant fails to remove the solar energy facility in accordance with the requirements of this section within one (1) year of abandonment or the proposed date of decommissioning, the county or its agents shall have the authority to enter the property without further need of consent of the owner and physically remove the system and the costs of such removal shall be at the owner's expense;

(4)

Prior to obtaining a building and zoning permit, and on every fifth anniversary of the commencement of the operation of the project, the owner or operator shall provide the county an estimate of the projected cost of decommissioning, as stated in the required decommissioning plan;

(5)

The responsible party provides financial assurance of such performance to the county in the form of certified funds, cash escrow, bond, irrevocable letter of credit, or parent guarantee in a form approved by the county administrator or the county attorney. The amount of the financial assurance shall be based upon an estimate by a professional engineer licensed in the Commonwealth, who is engaged by the responsible party, who has experience in preparing decommissioning estimates and is approved by the county. The surety shall be an amount approved by the zoning administrator, that is no less than the total estimated costs for decommissioning, removing and restoring the site as stated above, plus ten (10) percent of said estimated costs as a reasonable allowance for administrative costs, inflation, and potential damage to existing roads and utilities, and

(6)

The applicant will ensure the surety shall remain in full force and effect until the county has inspected the site and verified the system has been decommissioned as stated above, at which time the county shall release the surety. The surety shall be binding on subsequent owners of the property or energy system. If the property owner or responsible party fails to decommission the project or to decommission a discontinued or derelict solar panel in accordance with this section, Botetourt County may access such surety for the completion of decommissioning and site restoration. Any excess funds that accrue after consideration of salvage value may be returned to the responsible party.

(7)

A building and zoning permit is required prior to the decommissioning of a solar energy facility.

(Ord. of 5-23-23(2))

(a)

Purpose and intent. The purpose of this section is to provide for and regulate the siting, installation, operation, and modification of electric vehicle charging stations in a manner that provides access to charging stations for the growing number of electric vehicles in a manner that promotes the public health, safety, general welfare, and good zoning practice. The following regulations and standards for electric vehicle charging stations are based upon whether the charging station is classified as an accessory use or a principal use, as well as, the type of charging station, which shall be categorized as either a level 1, 2 or 3 charging station.

(b)

Applicability. This section shall apply to all electric vehicle charging stations constructed after the effective date of this section, including any physical modifications of an existing electric vehicle charging station that alters the type, configuration of size of the charging station or the replacement of the charging station.

(c)

General requirements. Unless otherwise specified, the following standards shall apply to all electric vehicle charging stations.

(1)

Electric vehicle charging stations and their associated equipment shall meet the minimum yard setbacks for the use district in which they are located, whether the charging station is classified as an accessory or principal use.

(2)

Electric vehicle charging stations and their associated equipment shall not be located within any required landscaping area.

(3)

Electric vehicle charging stations and their associated equipment shall not encroach upon a pedestrian sidewalk at any time, except when associated with a one- or two-family dwelling.

(4)

Except for the charging station, all other equipment, transformers, etc. shall be screened from street view and adjacent parcels that are either zoned residential or contain a residential use.

(5)

Electric vehicle charging stations shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the charging station for reporting non-functioning equipment, malfunctioning equipment, or other issues.

(d)

Districts allowed. Electric vehicle charging stations shall be allowed in each use district based on the level of the charging station and whether it is classified as public or private:

Use Type: P = Permitted, S = Special exception

(e)

Specific requirements. The following additional standards shall apply to each type of electric vehicle charging station.

(1)

Level 1 electric vehicle charging stations.

a.

When defined as a private charging station and allowed as a permitted use type per section 25-448(d), no additional parking spaces shall be required.

b.

Site plan approval per section 25-573 - site plan, when required, shall not be required for a level 1 charging station.

(2)

Level 2 electric vehicle charging stations.

a.

When defined as a private charging station and allowed as a permitted use type, no additional parking spaces shall be required.

b.

When defined as a public charging station and allowed as a permitted use type per section 25-448(d), two (2) parking spaces, up to maximum of five (5) percent of the required parking spaces for the underlying use; except those spaces required for gasoline, diesel and other petroleum products, may be dedicated to electric vehicle charging stations.

c.

When defined as a public charging station and allowed as a special exception use type per section 25-488(d), and the number of public charging stations exceed five (5) percent of the required parking spaces for the underlying use, one (1) additional parking space shall be required for every vehicle that can be simultaneously charged from a charging station.

d.

Site plan approval per section 25-573 - site plan, when required, shall not be required for a level 2 charging station classified as a permitted use type, however, a sketch plan is required to be submitted with a building and zoning permit application that shows the property lines, the location of each charging station, the parking lot with designated electric vehicle parking space(s), pedestrian sidewalks and building footprints.

e.

Site plan approval per section 25-573 - site plan, when required, shall be required for a level 2 charging station classified as a special exception use type.

(3)

Level 3 electric vehicle charging stations.

a.

When defined as a private charging station and allowed as a permitted or special exception use type, no additional parking spaces shall be required.

b.

When defined as a public charging station and allowed as a permitted use type per section 25-448(d), two (2) parking spaces, up to maximum of five (5) percent of the required parking spaces for the underlying use; except those spaces required for gasoline, diesel and other petroleum products, may be dedicated to electric vehicle charging stations.

c.

When defined as a public charging station and allowed as a special exception use type per section 25-488(d), and the number of public charging stations exceed five (5) percent of the required parking spaces for the underlying use, one (1) additional parking space shall be required for every vehicle that can be simultaneously charged from a charging station.

d.

Site plan approval per section 25-573 - site plan, when required, shall be required for a level 3 charging station classified as a permitted or a special exception use type.

(Ord. of 5-23-23(1))

(a)

Statement of intent. The sign regulations are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the adverse secondary effects of signs. It is the intent of this division that the regulation of signs are designed to serve substantial governmental interests and, in some cases, compelling governmental interests such as traffic safety and warning signs of threats to bodily injury or death and therefore, the location, size, placement and certain features of signs placed for exterior observance is necessary to enable the public to locate goods, services and facilities without difficulty or confusion, to prevent wasteful use of natural resources in competition for attention, to protect public safety by preventing hazards to life and property and to ensure the continued attractiveness of the county and protect the property values of its citizens. It is further determined that signs which may lawfully be erected and maintained under the provisions of this division are consistent with customary usage and that signs which may not lawfully be erected or maintained under the provisions of this division are not consistent with customary usage, and are an abuse thereof and are an unwarranted invasion of the rights of legitimate business interests and of the public. Signs are accessory uses to be associated with principal uses.

(b)

Permits required; exceptions to permits. All signs excepting those identified as not requiring a permit below shall be the subject of a permit issued by the zoning administrator or designee in accord with section 25-463.

(c)

Permit not required. The following types of signs do not require a sign permit.

(1)

Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal devices or warnings for railroad crossings.

(2)

Memorial tablets or signs, including historical markers.

(3)

Signs required to be maintained by law or governmental order, rule or regulation including signs that identify the street or physical address for public safety, first responders, mail delivery and official governmental notification.

(4)

Signs which are within a ballpark or other similar recreational use facility and which cannot be seen from a public street or adjacent properties.

a.

Scoreboards within a ballpark or other similar recreational use facility utilized only for game or practice purposes and used for the specific lengths of time of the game or practice.

(5)

Up to three (3) flags may be displayed outdoors on any parcel. Flags shall be attached to poles that are either permanently anchored into the ground or inserted into a bracket designed for a flagpole that is attached to a principal structure. A flag shall not exceed twenty-five (25) square feet in area or be displayed at a height that exceeds the building height for the use district.

(6)

Small signs displayed for the direction or convenience of the public, with an aggregate total surface area not exceeding six (6) square feet on any lot or parcel.

(7)

Signs placed by a public utility showing the location of underground facilities.

(8)

Signs located entirely inside the premises of a building or structure, other than a window sign.

(9)

Freestanding signs or signs attached to a structure, no more than one and one-half (1½) square feet in area, to warn the public against hunting, fishing, trespassing, dangerous animals, swimming, skating, the existence of danger, when placed on the periphery of the property or location where the warning is necessary.

(10)

The changing of messages on marquees, bulletin boards, directories and electronic message boards.

(11)

The following temporary signs:

a.

Within a R-R, R-1, R-2 or R-3 use districts, one (1) sign per street frontage, no more than twelve (12) square feet may be displayed where there is a valid building or zoning permit authorizing construction or development activity on the parcel. Within all other use districts, the size shall be limited to thirty-two (32) square feet.

b.

Within a R-R, R-1, R-2 or R-3 use districts, one (1) sign per street frontage, no more than twelve (12) square feet may be displayed where either the parcel or structure thereon, or any portion thereof, is offered for sale, lease, or rent. Within all other use districts, the size shall be limited to thirty-two (32) square feet.

c.

Within a R-R, R-1, R-2 or R-3 use districts, one (1) sign per street frontage, no more than twelve (12) square feet may be displayed for a pending auction of the parcel, structures or the contents thereof. Within all other use districts, the size shall be limited to thirty-two (32) square feet. The sign(s) shall not be erected more than thirty (30) days prior to the auction and shall be removed on the following day.

d.

Upon parcels containing nonresidential uses, one (1) sign per street frontage, no more than twelve (12) square feet, for a pending event or activity on the parcel which is allowed as an accessory to the principal use. The sign(s) shall not be displayed more than thirty (30) days prior to the event and shall be removed on the following day.

e.

Upon parcels containing residential uses, one (1) sign per street frontage, no more than twelve (12) square feet, for a pending yard or garage sale on the parcel. The sign(s) shall not be erected more than seven (7) days prior to the sale and shall be removed on the following day.

f.

Official notices or advertisements posted or displayed by or under the direction of any public or court officer in the performance of official or directed duties; provided, that all such signs shall be removed no more than fifteen (15) days after their purpose has been accomplished.

g.

Political signs on any privately owned lot or parcel, provided they:

(i)

Are erected or constructed in accordance with the structural and safety requirements of the building code, if applicable,

(ii)

Are not in the public right-of-way or within the sight distance triangle at a road intersection,

(iii)

Do not obstruct vehicular or pedestrian travel, and

(iv)

Do not obstruct the view of the number for a building assigned pursuant to the property numbering and street naming system from the public or private street or access area on which the property is located.

h.

Temporary signs, in the interior of a window. Such signs shall be limited to twenty-five (25) percent of the total square footage of the window area, less any portion of the window containing permanent signage, inclusive of all windows on a building façade containing an entrance or sixteen (16) square feet, whichever is less.

(d)

Prohibited signs. All signs not specifically permitted are prohibited, including, but not limited to, the following:

(1)

Flashing signs, including flashing signs inside a window which are visible from the outside of the building;

(2)

Portable signs.

(3)

Any sign displayed on a stationary vehicle when said vehicle is used primarily for the purpose of and serving the function of a mobile or portable sign.

(4)

Outdoor advertising (billboards) signs.

(5)

Any moving (including animated) or sound producing sign, of which all or any part of the sign moves by any means, including rotating, fluttering, or set in motion by movement of the atmosphere.

(6)

Any sign that violates any provisions of any law of the Commonwealth of Virginia relating to outdoor advertising.

(7)

Any sign or banner in or across public right-of-way, unless specifically approved by the zoning administrator and VDOT.

(8)

Roof top signs.

(9)

Any sign resembling a traffic control device or that uses the word "stop" or "danger" or otherwise presents or implies the need or requirement to stop or cautions of the existence of danger or which is a copy of, imitation of or which for any reason is likely to be confused with any sign displayed or authorized by a public authority.

(10)

Any sign that obstructs means of egress, including any fire exit, window or door opening, stairway, sidewalk, or utility access or Fire Department connection.

(11)

Any inflatable sign.

(12)

Any sign that violates any provision of the Botetourt County Code, Buildings and Structures or the Virginia Uniform Statewide Building Code.

(13)

Any sign that is attached or painted upon a utility pole, rock, tree, fence, curbstone, sidewalk, lamppost, hydrant, bridge, highway marker or other signs, except official notices or announcements as provided in sections 25-461 or 25-463.

(14)

Any sign that projects beyond a lot line.

(15)

Any sign that overhangs and has a minimum clearance of less than ten (10) feet above a walkway or fifteen (15) feet above a driveway, alley or travel lane.

(16)

Any sign erected to a height higher than the maximum building height allowed in the respective zoning district.

(17)

Any sign which projects more than four (4) feet from the building to which it is attached, or extends above a parapet wall or the roof line.

(18)

Searchlights or other lights independent of an exempt or permitted sign, the function of which is to attract attention, except as provided in section 25-461(11) [subsection 25-461(d)(11)].

(e)

Measurements of sign area, allowable sign area.

(1)

Measurements of sign area: The area of a sign shall be that contained within the outside measurement of the perimeter of the display area of the sign, the total area of which is in the smallest square or squares, rectangle or rectangles, triangle or triangles which will contain the entire sign including sign background whether lighted or not. The area of a sign with two (2) sign faces shall be computed according to the following:

a.

If the sign faces are separated by an interior angle of forty-five (45) degrees or greater, all faces shall be included in computing the area of the sign. If the sign faces are separated by an interior angle that is less than forty-five (45) degrees, the area of one (1) face shall be used when the two (2) faces are equal in area. The area of the larger face shall be used when the two (2) faces are unequal in area.

b.

If the sign faces are parallel to one (1) another, the area of one (1) face shall be used when the interior distance or space between the two (2) faces is eighteen (18) inches or less. The area of all faces shall be used when the interior distance or space between the two (2) faces is greater than eighteen (18) inches.

c.

Determination of monument sign area. The surface area of the largest face of the structure will determine the total square footage of the monument sign. This calculation will exclude the first eighteen (18) inches of the base, provided it does not include any sign copy.

(2)

Measurement of allowable sign area: Supports, uprights or structure on which any sign is supported shall not be included in determining the sign area unless such supports, uprights or structure are designed in such a way as to form an integral background of the display; except, however, when a sign is placed on a fence, wall, planter, or other similar structure that is designed to serve a separate purpose other than to support the sign, the entire area of such structure shall not be computed. In such cases, the sign area shall be computed in accordance with the preceding provisions.

(f)

Measurement of setback. All required setbacks shall be measured as the distance in feet from the street right-of-way.

(g)

Measurement of height. Calculation of freestanding sign height.

(1)

Where the sign location lies below the road elevation nearest to it, the sign height shall be measured from the road grade of the nearest travel lane to the top of the highest attached component of the sign structure.

(2)

Where the sign location lies above the road elevation nearest to it, the sign height shall be measured from the normal finished grade of the site to the top of the highest attached component of the sign or structure. Artificially increasing the height of the sign by berming or mounding dirt or other material at the sign base shall be prohibited. In case where normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the premises, whichever is lower. If the land is uneven, an average elevation will be used at the base of the sign. Signs on penthouses, cooling towers or other rooftop appendages are prohibited.

(h)

Maintenance and removal.

(1)

All signs shall be constructed in compliance with the Virginia Uniform Statewide Building Code.

(2)

All signs and components thereof shall be maintained in good repair and in a safe, neat and clean condition.

(3)

The zoning administrator and/or building official may cause to have removed or repaired immediately without written notice any sign which, in the zoning administrator and/or building official's opinion, has become insecure, in danger of falling, or otherwise unsafe, and, as such, presents an immediate threat to the safety of the public. If such action is necessary to render a sign safe, the cost of such emergency removal or repair shall be at the expense of the owner or lessee thereof.

(4)

Any sign which is or has been erected illegally shall be removed by the owner, agent or person having the beneficial use of the building, structure or lot upon which such sign may be found.

(5)

Any sign and/or sign structure now or hereafter existing in any district, which sign no longer advertises a use located on property which becomes vacant, unoccupied, or is otherwise obsolete for a period of two (2) or more years, shall be removed by the owner, agent or person having the beneficial use of the building, structure or lot upon which such sign may be found.

(i)

Nonconforming signs.

(1)

A nonconforming sign shall be brought into conformance with the provisions of this article when the submittal of a site plan per section 25-573(b) is required due to a change in the use of the property occurs.

(2)

Signs lawfully existing on the effective date of this chapter or prior ordinances, which do not conform to the provisions of this chapter, and signs which are accessory to a nonconforming use shall be deemed to be nonconforming signs and may remain except as qualified below. Such signs shall not be enlarged, extended or structurally reconstructed or altered in any manner, except a sign face may be. The burden of establishing nonconforming status of signs and of the physical characteristics/location of such signs shall be that of the owner of the property. Upon notice from the zoning administrator, a property owner shall submit verification that sign(s) lawfully existed at time of erection. Failure to provide such verification shall be cause for order to remove sign(s) or bring sign(s) into conformance with current ordinance.

(3)

Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming sign; provided, however, that no nonconforming sign which has been declared by the building official to be unsafe because of its physical condition, as provided for in this chapter, shall be repaired, rebuilt or restored unless such repair or restoration will result in a sign which conforms to all applicable regulations.

(4)

No nonconforming sign shall be moved for any distance on the same lot or to any other lot unless such change in location will make the sign conform to the provisions of this article.

(5)

If a nonconforming sign is removed, the subsequent erection of a sign shall be in accordance with the provisions of this article.

(6)

A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding fifty (50) percent of its appraised value may be restored within sixty (60) days after such destruction or damage but shall not be enlarged in any manner.

If such sign is so destroyed or damaged to an extent exceeding fifty (50) percent, it shall not be reconstructed except for a sign which would be in accordance with the provisions of this article. It shall be incumbent upon the applicant to supply the zoning administrator with any necessary information needed in order to determine if the replacement value constitutes the sign being brought into conformity with existing regulations.

(7)

A nonconforming sign which is changed to or replaced by a conforming sign shall no longer be deemed nonconforming, and thereafter such sign shall be in accordance with the provisions of this article.

(8)

A nonconforming sign shall be subject to the removal provisions of article V, division 4. In addition, a nonconforming sign shall be removed if the structure to which it is accessory is demolished or destroyed to an extent exceeding fifty (50) percent of its appraised value.

(9)

The ownership of the sign or the property on which the sign is located shall not, in and of itself, affect the status of a nonconforming sign.

(j)

Conflicting regulations. The regulations of this division are not intended to interfere with, abrogate or annul any law of the state relating to outdoor advertising. Where any provision of this division imposes restrictions different from those imposed by the state, whichever provisions are more restrictive or impose higher standards shall control.

(Res. of 1-1-02, § 4-201; Res. No. 13-10-14, 10-22-13; Res. No. 24-04-11, 4-23-24; Ord. of 4-23-24)

(a)

In general. All new signs and all existing signs which are replaced, reconstructed, extended or structurally altered shall comply with the following use standards unless the building size, location or orientation may result in a circumstance which is not adequately addressed in this section and may necessitate a modification to the standards provided herein. Any such modification must demonstrate to the satisfaction of the zoning administrator that compliance with the stated purpose and intent of these sign regulations will not be compromised.

No more than one (1) permanent freestanding sign shall be erected on any one (1) lot or premises with the possible exception of development within the SC, PUD, TND, RAM, POP or PIP use districts, and unless otherwise permitted in the ordinance.

Unless expressly permitted elsewhere in this article, in no instance shall the following square footage maximums be exceeded:

For properties within the A1, FC districts: Fifty (50) square feet.

For properties within the RR/AR, R-1, R-2, R-3, R-4 districts: Thirty (30) square feet.

For properties within the B-1, B-2, B-3, SC districts: One hundred sixty (160) square feet.

For properties within the M-1, M-2 and M-3 districts: One hundred sixty (160) square feet.

For properties within the SC, PUD, TND, RAM, POP or PIP districts: One hundred sixty (160) square feet, except, due to the unique nature of development within these use districts, a master signage plan may be submitted as part of the overall development plan at the time of application for the establishment of such use district. The master signage plan shall take into consideration signage needs for the development based on the scale of the development and provide for adequate signage in a coordinated approach. The planning commission shall review the proposed regulations in regard to square footage, number of signs, architectural design, lighting, height and setback, along with other sign requirements and make a recommendation to the board of supervisors in regard to the approval or denial of the master signage plan. The Botetourt County Board of Supervisors shall review the planning commission's recommendation and shall approve, deny, or refer this matter back to the planning commission for further consideration.

Where more stringent sign requirements are approved as part of a special exception, acceptance of a proffer, or other overlay approval, the more stringent requirement shall apply.

(b)

Lighting and landscaping. All lighting for signs shall conform with the requirements for outdoor lighting in article IV, division 5 of this chapter.

(c)

Setback. No sign shall be placed within a required side yard, common open space or within ten (10) feet of an adjacent property line or public right-of-way unless a different requirement is specified in other sections of this chapter. No sign shall be placed in a manner to create a visual barrier or hazard to traffic.

(d)

Sight triangles. No sign, except for authorized traffic signs, shall be erected at the intersection of any street in such a manner as to create a traffic hazard by obstructing vision between heights of two and one-half (2½) and eight (8) feet; or at any location where it may interfere with, obstruct the view of or be confused with any authorized traffic sign.

(e)

Permitted sign standards.

(1)

Bulletin boards. One (1) bulletin board, not exceeding twenty (20) square feet in area, is permitted when erected or displayed on the property of the permitted use. However, permitted uses with more than one (1) road frontage may erect or display one (1) additional bulletin board on each road frontage with a maximum area of forty (40) square feet permitted on the property. Height shall not exceed ten (10) feet and a minimum setback of fifteen (15) feet.

(2)

Directory. Signs identifying shopping centers with multiple tenants shall be limited to one (1) freestanding sign, either single or double faced, per street frontage, each not to exceed fifty (50) square feet.

(3)

Electronic message board/L.E.D. Electronic message board signs may be permitted, by special exception permit within all use districts subject to the procedural and substantive requirements of the zoning ordinance for a special exception.

The planning commission and board of supervisors shall consider the following in its determination of electronic message board signs:

a.

An electronic message board must not have any appearance of motion, flashing, blinking, jeweled lighting effects, animation or shimmering.

b.

An electronic message board may consist only of alphabetic or numeric characters on a plain background and may not include any graphic, pictorial, or photographic images except for business logos that have copyright protection and the message may be changed no more than every eight (8) seconds.

c.

When the display of an electronic message board changes, it must change as rapidly as is technologically practicable with no phasing, rolling, fading, scrolling, flashing, blending or other transition.

d.

The primary message display area may have a maximum of three (3) lines of characters with a maximum of forty-five (45) characters per line including all letters, numbers and spaces.

e.

Electronic message display boards must be incorporated into a monument or freestanding ground style sign. It may also be incorporated into a freestanding pole style sign when such sign is allowed, and the area occupied by the message on an electronic message board may comprise no more than fifty (50) percent of the surface area of the permitted signage.

f.

Only one (1) electronic message board with at most two (2) sides is permitted on lots with one hundred (100) feet or more of VDOT maintained road frontage.

g.

Such signs shall be equipped with a working dimmer control device capable of automatically reducing the illumination to the required sunset-to-sunrise level of five hundred (500) candelas.

h.

Should the electronic message boards be visible from any residential structure within the R-1, R-2, R-3, A-1, or FC use districts the sign must be turned off between 10:00 p.m. and 6:00 a.m. daily.

i.

Electronic message boards must be maintained in full working condition and not allowed to be partially or fully inoperative.

j.

Video displays or audio speakers on or electronically connected to such signs shall not be permitted.

k.

All electrical connections to electronic message board signs must be underground.

l.

Electronic message board signs must maintain a one thousand-foot setback from any local or national historic landmark or district boundary and the Fincastle town boundary line unless otherwise approved by special exception permit.

m.

Electronic message boards are subject to all other regulations of the ordinance.

(4)

Freestanding monument. Signs shall not exceed ten (10) feet in height and a minimum setback of fifteen (15) feet. Maximum aggregate size of a freestanding monument sign shall be one (1) square foot per five (5) linear feet of street frontage, up to a maximum size of sixty (60) square feet.

(5)

Freestanding ground sign. Signs shall have a maximum height of seven (7) feet with a maximum aggregate of one (1) square foot per five (5) linear feet of street frontage, up to a maximum size of forty (40) square feet. There shall be no more than thirty (30) inches clearance from the bottom of the sign to the ground below. A freestanding monument sign and a freestanding ground sign at the same location are not permitted.

(6)

Home occupation. A home occupation or home business shall be permitted one (1) sign not to exceed two (2) square feet. Height of sign shall not exceed six (6) feet and the minimum setback shall be five (5) feet.

(7)

Kiosk. A kiosk maximum height shall be ten (10) feet; maximum size sixty (60) square feet inclusive of all sign faces of the kiosk. Kiosk lighting may only be by external illumination. Kiosk signs must have a three hundred-foot separation from other kiosk signs and may only be utilized in developments when ten (10) or more businesses are located in the development.

(8)

Neon. Continuously lit neon sign located within the window storefront not to exceed a maximum of one (1) in number and not to exceed a maximum aggregate of five (5) square feet.

(9)

Freestanding pole/pole mounted. Notwithstanding other provisions contained in this section, if a lot is located within one thousand (1,000) linear feet of the centerline of a grade-separated intersection of a four-lane, divided, limited access highway, one (1) freestanding pole sign shall be permitted with a minimum height of fifty (50) feet and a maximum of eighty (80) feet, and the area of such sign may be increased to two hundred (200) square feet under the following condition:

No other on-premises freestanding signs shall be located upon the property, except one (1) freestanding monument not exceeding thirty-two (32) square feet in area.

(10)

Projecting wall mounted sign. One (1) square foot per linear foot of storefront on which the sign is to be attached, up to twelve (12) square feet. Maximum one (1) sign per every eighteen (18) feet of storefront. Buildings located on a corner shall be permitted one (1) per street frontage. Projecting wall mounted sign shall have a seven-foot six-inch clearance from the bottom of the sign to the pavement below and the angle of projection must be ninety (90) degrees. Projection limited to four (4) feet or less from the building to which it is attached.

(11)

Subdivision freestanding monument. One (1) subdivision sign not to exceed the maximum square footage allowed for the use district within the R-1, R-2, R-3, R-4, A-1 and FC use districts. The height shall not exceed six (6) feet. Within all other use districts the height shall not exceed ten (10) feet. One (1) such sign shall be permitted for each entrance on a state maintained road; however, the sign location must be on a lot or part of a lot that is part of the subdivision being identified. No other freestanding sign may be located upon the property.

(12)

Wall/marquee. No wall sign shall cover, cross or otherwise hide columns, belt courses or other decorative architectural features of a building, including balconies. Wall signs are permitted for one (1) square foot per linear foot of building frontage on which the sign or signs are to be attached, up to a maximum aggregate of one hundred (100) square feet, except for the following:

a.

Each tenant located within a multi-tenant building shall be allowed one (1) square foot of sign area per linear foot of their tenant building frontage, up to a maximum of one hundred (100) square feet. Such signage shall not be limited to the maximum allowable sign area for the parcel as listed in section 25-462(a).

b.

Parcels that contain multiple principal buildings shall be allowed one (1) square foot of sign area per linear foot of building frontage, up to a maximum of one hundred (100) square feet per building. Such signage shall not be limited to the maximum allowable sign area for the parcel as listed in section 25-462(a).

(13)

Window. Window signs, permanent signs on the exterior of windows, shall be limited to twenty-five (25) percent of the total square footage of window area, inclusive of all windows on a storefront building façade containing an entrance, or sixteen (16) square feet, whichever is less.

(Res. of 1-1-02, § 4-202; Res. No. 03-06-14, 6-17-03; Res. No. 03-06-14, 6-17-03; Res. No. 13-10-14, 10-22-13; 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. 20-04-08, 4-28-20; Ord. No. 21-06-13, 6-22-21; Res. No. 24-04-11, 4-23-24; Ord. of 4-23-24)

(a)

Permit requirements. Except as otherwise provided herein, no sign shall be erected, altered, refaced or relocated unless a sign permit has been approved by the zoning administrator or designee.

(b)

Application. Applications for sign permits shall be made to the department of development services, and upon approval of the sign permit the applicant shall affix a copy of the sign permit to an application for a building permit. The application shall contain the identification and address of the property on which the sign is to be erected; the name and address of the sign owner and of the sign erector; drawings showing the design, dimensions and location on the building/site of the sign; and such other pertinent information as the zoning administrator may require to ensure compliance with the provisions of this chapter and other applicable ordinances of the county. The building official will then review the building permit application and process same in accordance with the uniform statewide building code and the provisions of this division.

(c)

Permit expiration. A sign permit shall expire and become null and void if the sign is not erected within a period of twelve (12) months from the date of the permit. In the event the sign is not erected within the twelve-month period, an application for extension of an additional six-month period may be made to the zoning administrator.

Such an extension may be granted if the proposed sign is in accordance with current applicable regulations. If the proposed sign is not in accordance, the application for an extension shall be denied.

(d)

Variances. Requests for variances to these sign regulations shall follow the procedures outlined in section 25-551 of the zoning ordinance. The board of zoning appeals, in considering any variance request, shall follow the guidelines of this section, and Code of Virginia, § 15.2-2309, as amended. The power to grant variances does not extend to an economic hardship related to the cost, size or location of a new sign, or to the convenience of an applicant, nor should it be extended to the convenience of regional or national businesses which propose to use a standard sign when it does not conform to the provisions of this section.

Unless otherwise specified, variances from the provisions of this division shall be determined by the BZA by statutory rule or by applications for variances to the provisions of this chapter; however, signs specifically prohibited under section 25-461 shall not be considered by that body for variances.

(e)

Issuance. Sign permits shall be issued by the zoning administrator or designee.

(f)

Fee. A fee, as established according to article V, shall be paid prior to the issuance of a sign permit. Under no circumstances are permit fees refundable.

(g)

Violation. Any person who violates any of the provisions of this division shall be deemed guilty of a Class 4 misdemeanor.

(h)

Definitions. Definitions of the words, terms and phrases used in this division shall have the meanings ascribed to them in article VI of this chapter.

(Res. of 1-1-02, § 4-203; Res. No. 13-10-14, 10-22-13; Ord. of 4-23-24)

There shall be provided at the time of erection of any building or use, or at the time any building or use is enlarged, minimum permanent off-street parking and loading space in the amount specified in the requirements of this section. Such parking and loading requirements shall apply only to new construction or expansion of an existing use. In the case of an expansion of an existing use, only the expansion shall be required to meet these regulations. The existing use and parking areas shall be deemed to be exempt from said regulations.

(Res. of 1-1-02, § 4-301)

(a)

Location. All required off-street parking spaces required herein shall be located on the same lot as the structure or use to which they are accessory, or on a lot contiguous thereto which has the same zoning classification and is under the same ownership, except that the zoning administrator may authorize an alternative location provided that the required parking spaces are located within five hundred (500) feet walking distance of a building entrance to the use that such space serves, and that ownership arrangements are made so as to assure the permanent availability of such spaces to the satisfaction of the administrator.

In the traditional neighborhood district (TND), parking requirements may be met in part through on-street parking areas, as provided for in that section (article II, division 8).

(b)

Shared parking. Required off-street parking spaces may be provided cooperatively for two (2) or more uses, subject to arrangements that will assure the permanent availability of such spaces to the satisfaction of the administrator. The amount of such combined space shall equal the sum of the amounts required for the separate uses, provided, however, that the administrator may reduce the total number of spaces if the administrator determines that some or all of the spaces may serve two (2) or more uses by reason of the daily hours of operation or seasonal activity of such uses.

(c)

For operable vehicles only. All required off-street parking spaces shall be used solely for the parking of operable vehicles. No vehicle repair work except emergency service shall be permitted on any required off-street parking facility.

(d)

Access. Driveway openings through the curb shall be a maximum of two (2) per parking lot, excluding shopping center parking lots. There shall be not less than twenty-five (25) feet between driveway openings and there shall be not less than twelve and one-half (12½) feet from any driveway opening to any property line. No driveway opening shall be less than twelve (12) feet in width if designed for one-way traffic, nor eighteen (18) if designed for two-way traffic. Landscaping, curbing or approved barriers shall be provided along lot boundaries to control entrance and exit of vehicles or pedestrians. All driveway openings shall comply with all applicable state regulations including, but not limited to, those of the state department of transportation.

(e)

Surfacing. All parking and loading areas shall be paved. Pavement surfaces shall consist of asphalt, concrete, brick, pervious paving surfaces or other material determined at the sole discretion of the zoning administrator to provide an equivalent protection against potholes, erosion, and dust. In lieu of pavement, gravel or bituminous surfaced parking and loading areas shall be permitted as follows:

(1)

For the parking, storage or display of heavy equipment, farm machinery, tractor-trailer or other specialty vehicles in the M-1, M-2, M-3, PIP, and RAM districts, when:

a.

All driveways providing access to such parking areas are improved with an approved pavement surface; and

b.

When such parking areas are visible from an adjacent residentially zoned parcel or lot containing a residential use, such parking area shall be screened in accordance with section 25-484(c); and

c.

When such parking areas are visible from the adjacent public rights of way, such parking area shall be screened in accordance with section 25-485(c)(2).

(2)

For the following uses:

a.

Natural areas, such as, but not limited to trailhead parking, river access points, or nature reserves;

b.

Dwelling, single-family;

c.

Dwelling, accessory;

d.

Dwelling, duplex;

e.

Park or playground;

f.

Public utilities and associated structures;

g.

Telecommunications tower facilities, when approved as part of the special exception permit process;

h.

Wind energy systems, utility scale, when approved as part of the special exception permit process;

i.

Uses such as special events facilities, cabin or cottage resorts, and rural retreats, when approved as part of the special exception permit process.

j.

For parking in excess of the minimum required spaces for places of worship or religious services, schools, playfields, or similar uses as determined at the sole discretion of the zoning administrator, provided that said parking is located in the side or rear yard and is at least two hundred (200) feet from an adjacent residentially zoned parcel or lot containing a residential use.

(f)

Additional requirements. There shall be the following additional requirements for parking lots with ten (10) or more parking spaces:

(1)

Marking. Parking spaces in lots of ten (10) or more spaces shall be delineated by painted lines, curbs, bumper blocks, vertical lines on continuous curbing or other appropriate means of marking.

(2)

Lighting. Any lights used to illuminate any parking area shall be so arranged and shielded as to confine all direct light entirely within the boundary lines of the parking area. Further, parking areas shall be lighted in accord with the requirements for outdoor lighting in article IV, division 5.

(3)

Parking in setback or yard. No parking, fence or wall shall be less than eight (8) feet from an abutting lot or right-of-way.

(4)

Minimum size of all parking and maneuvering space. All individual parking spaces shall be a minimum of nine (9) feet by eighteen (18) feet. The minimum aisle space for ninety-degree parking shall be twenty-four (24) feet in width. The minimum aisle space for sixty-degree parking shall be twenty-three (23) feet in width. The minimum aisle space for thirty-degree parking shall be seventeen (17) feet in width. For any parking area in which the degree of angular parking varies from the specifications above, the aisle width shall be calculated by using a ratio of the above specifications; however, in no case shall the aisle width be less than sixteen (16) feet.

(5)

Landscaping. Parking areas shall be landscaped in accord with the requirements of article IV, division 4.

(g)

Limitations on vehicles and parking.

(1)

General standards. Parking in front yards shall be limited to the area contained in paved or gravel areas.

(2)

Standards for large vehicles and equipment.

a.

Parking of not more than one (1) commercial vehicle and/or one (1) cargo/utility trailer associated with an approved home occupation shall be permitted, provided that such vehicles shall not include any tractor trailer or vehicle exceeding one and one-half (1½) ton capacity; cargo or utility trailers shall not exceed eight (8) feet, six (6) inches in width or sixteen (16) feet in length. Parking for such vehicles shall not be in any required front yard.

b.

Parking of small cargo trailers and recreational vehicles or equipment in a residential district including but not limited to boats, boat trailers, camping trailers, travel trailers, motorized dwellings, tent trailers, houseboats and horse vans, are subject to the following limitations:

1.

Such equipment shall not be used for living, sleeping or other occupancy when parked or stored on a residential lot or in any other location not approved for such occupancy use.

2.

Such equipment six (6) feet or more in average height, not parked or stored in a garage, carport or other structure, shall not be located in any required front or side yard and shall be located at least three feet from all buildings.

c.

Outdoor storage or overnight parking of buses, trucks or other vehicles exceeding one and one-half (1½) ton capacity shall not be permitted in residential districts.

(Res. of 1-1-02, § 4-302; Res. No. 09-09-09, 9-22-09; 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. 18-09-10, 9-25-18)

This section establishes the minimum requirements for off-street parking and loading, subject to all of the pertinent provisions contained herein.

(1)

Uses not listed. The zoning administrator shall determine the required parking and loading requirements for any uses not specifically listed in section 25-473(4), based upon the most similar uses that are listed.

(2)

Computation. The computation of the minimum off-street parking and loading requirements for each permitted use shall be based upon the standards in section 25-473(4) subject to the adjustments and/or minimum required or allowed in this section, and to the definitions of gross floor area in accord with article VI.

(3)

Loading space not computed as off-street parking space. Sufficient off-street space shall be provided for the loading and unloading of trucks and commercial vehicles serving multi-family, commercial, industrial and public uses. Such spaces shall not be computed as meeting the off-street parking space requirements specified herein.

(4)

Required off-street spaces. The minimum number of off-street parking spaces to be provided for each use shall be as follows:

*Gross Floor Area

(Res. of 1-1-02, § 4-303; 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. 16-12-15, 12-22-16; Res. No. 18-09-10, 9-25-18)

In all R-1, R-2, R-3, PUD and TND districts, all boats, boat trailers, camping trailers, utility trailers, camping cars, vacation trailers, recreational vehicles and all vehicles, other than automobiles, which are used exclusively for commercial purposes, shall be parked behind the front line of the main building or principal structure, or in a completely enclosed garage or carport; and no tractor truck or semitrailer shall be parked in any of these districts.

(Res. of 1-1-02, § 4-304)

In lieu of installation of the parking requirements as stated in the chapter, prior to occupancy, the applicant may post a bond acceptable to the county, conditioned upon satisfactory installation of the parking design defined in the parking plan.

(Res. No. 11-10-10, 10-25-11)

(a)

Purpose. The purpose and intent of this division is to facilitate the creation of an attractive and harmonious county; to conserve natural resources including adequate air and water, to preserve the character of an area by preventing or mitigating the harmful effects of one use on another use; to encourage well-planned and well-designed development to enhance the economic prosperity of the county, and to preserve and promote the health, safety, and general welfare of the public. This division is intended to mitigate the effects of uses on adjacent uses by requiring a screen and/or buffer between the uses in order to minimize the harmful impacts of noise, dust, and other debris, motor vehicle headlight glare or other artificial light intrusion, and other objectionable activities or impacts conducted on or created by an adjoining or nearby use.

This division is also intended to require the landscaping of lots and/or parcels and parking lots in order to reduce the harmful effects of heat and noise, to preserve underground water reservoirs and to enhance the natural drainage system and ameliorate stormwater drainage problems; to reduce the level of carbon dioxide and return pure oxygen to the atmosphere; to prevent soil erosion; and to provide shade.

When unrelated activities are located adjacent to one another, buffers and screening as required herein shall be used to ensure compatibility between adjacent uses.

Buffers as required herein are to provide a horizontal distance and open space between certain uses, preserve vegetation, provide additional vegetation as needed to ensure visual transition and separation between uses, reduce noise and glare, and/or maintain privacy. Buffers shall provide intermittent visual separation between uses.

Screens as required herein are to provide a continuous vertical barrier between certain uses (except for limited points of ingress and egress) and shall be designed to block visual and/or noise impact.

(b)

Applicability. The provisions of this division shall apply to all development where site plans are required in accord with article V, division 5, site plans, of this chapter.

(Res. of 1-1-02, § 4-401)

(a)

The following standards shall apply to the installation and maintenance of all landscaping and screening required by the provisions of this division.

(1)

The installation of all landscaping shall follow the procedures established by the American Association of Nurserymen.

(2)

At the time of planting all deciduous trees shall have a minimum caliper of one (1) inch dbh. Evergreen trees shall be a minimum height of six (6) feet. Evergreen shrubs shall have a minimum height of thirty (30) inches. Deciduous shrubs shall have a minimum height of eighteen (18) inches. Only healthy vegetation shall be used and any vegetation that dies after planting shall be replaced by the owner of the property at the time the planting is determined to have died.

(b)

Existing vegetation may be used to meet the requirements of this section provided that such vegetation is suitable and that supplemental vegetation is added if necessary to meet the requirements. Suitability of such existing vegetation shall be determined solely by the zoning administrator.

(c)

In addition to the standards set forth in this section, the planning commission and board of supervisors may require more stringent requirements as part of an approval action of a special exception, or as part of proffered conditions. The board of zoning appeals may also set such conditions when taking approval actions on variances.

(d)

All screening and buffering and/or landscaping shall permit sight distance or other circumstances sufficient to obtain VDOT approval. Where conflict pertaining to sight distance is involved, the zoning administrator may allow for modification of the proposed landscape/screening and buffering plan.

(Res. of 1-1-02, § 4-402)

(a)

A landscaping plan, which includes a parking lot landscape plan and screening and buffering plan, shall be submitted as part of every final site plan in accord with the required provisions of article V, division 5, site plans.

(b)

Such landscaping plans shall be drawn to scale, including dimensions and distances, and shall delineate existing and proposed buildings, parking spaces, or other vehicle areas, access aisles, driveways, and location, size and description of all landscaping materials.

(Res. of 1-1-02, § 4-403)

(a)

Installation. Required landscaping shall be installed within sixty (60) days from the date of occupancy of the building or structure to which they are appurtenant. Only under justifiable circumstances as determined by the zoning administrator, such as extreme weather, shall the installation schedule extend beyond sixty (60) days and in no case shall such schedule extend beyond one hundred twenty (120) days.

(b)

Landscape design. Required planting shall be placed in a generally irregular and clustered pattern, with variable spacing unless otherwise specified herein. Plants should be selected to produce a mix of vegetation. Decorative walls and fences of between three (3) and five (5) feet in height may be integrated into the landscaping design which may result in a reduction of the amount of plant material required as determined by the zoning administrator at the time of site plan approval.

(c)

Landscape buffers and screens required. For any development of a lot for a business or an industrial use, buffering and/or screening shall be required on such lot adjacent and parallel to the entire lot line or public right-of-way so as to separate all uses, structures and activities on the lot from contiguous lots or roadways. Such buffering and/or screening shall be in accord with the following requirements:

(1)

On a lot with business or industrial uses that abut a residentially zoned lot or a lot with a residential use, the following requirements shall apply.

Along the property line that separates the lot from the residential use or district, evergreen trees of not less than six (6) feet in height when planted shall be planted in two (2) parallel rows with the trees planted in a staggered fashion ten (10) feet apart and individual trees planted no farther than ten (10) feet apart.

Solid, opaque fencing of five (5) to six (6) feet in height may be permitted in combination with dense evergreen planting to provide the equivalent result. When fencing is used in combination with evergreen screening such screening shall match related materials used elsewhere on the site such as building facades and/or other structures and shall require the approval of the zoning administrator, who shall be guided by section 25-2 of this chapter in order to achieve the purposes of this division and to create an attractive, harmonious community.

(Res. of 1-1-02, § 4-404; Res. No. 11-10-10, 10-25-11)

(a)

General. Parking lot landscaping and screening plans shall comply with the general standards in section 25-482, section 25-483, subsection 25-484(a) and subsection 25-484(b).

When the provisions of this section are in conflict with the provisions of subsection 25-484(c), the provisions of this section supercede.

(b)

Interior parking lot landscaping.

(1)

Any parking lot, excepting single bay parking lots of twenty (20) spaces or less, shall be provided with landscaped open space along the perimeter of the parking area or areas, in the minimum rate of one (1) canopy tree per ten (10) spaces which shall be located such that no parking space is more than eighty (80) feet from a portion of the landscaped open space or parking island, and no more than eighty (80) feet from a canopy tree. Landscaped areas between parking areas and buildings shall not be considered as interior landscaping.

(2)

The primary landscaping materials used in parking lots shall be canopy trees. Where possible, grouping of such trees is encouraged. Shrubs and other live planting material may be used to complete the tree landscaping, and shall count towards the required landscaping.

(3)

The landscaping shall be reasonably dispersed throughout the parking lot, and shall have a minimum width of six (6) feet measured from back of curb. There shall be a minimum six (6) foot wide (back of curb to back of curb) curbed landscape island at the end of every row equal in length to the adjoining parking space.

All such islands shall be fully landscaped with shrubs and ground cover in addition to at least one (1) canopy tree per island. For rows containing eight (8) or more spaces, there shall be at least one (1) curbed island every ten (10) spaces.

(4)

There shall be a minimum of one (1) canopy tree per required landscaped island. Where more than one (1) island is combined in a linear configuration, canopy trees shall be provided at a minimum equal to the number of required landscaped islands.

(5)

The interior dimensions of any planting area shall be sufficient to protect all landscaping materials planted therein; every landscape island shall be protected with at least a four (4) inch curb.

(6)

Areas used principally for storage of vehicles do not require interior islands provided such uses are screened from adjacent residential districts and public streets in accord with section 25-484.

(c)

Peripheral parking lot landscaping. If any parking lot contains ten (10) or more spaces peripheral parking lot landscaping shall be required as follows:

(1)

Along the perimeter of parking, loading and driveway areas on a lot with business or industrial uses that abuts a residentially zoned lot or a lot with a residential use, the following requirements shall apply:

Along the property line that abuts the lot with the residential district or use, an opaque barrier shall be constructed, sufficient to achieve a visual character equivalent to that achieved by the following combination of plants and structural materials:

a.

Except where otherwise stated in this chapter, a landscaping strip at least ten (10) feet in width measured from the edge of pavement, shall be located between the parking lot and the abutting property lines, except where driveways or other openings may necessitate other treatment; such openings shall not exceed fifty (50) percent of any property line.

b.

Parking areas and vehicular traffic circulation lanes shall be screened with either earthen berming to a minimum height of thirty (30) inches; berming shall not exceed a slope of two to one (2:1); or a continuous solid fence or wall four (4) to six (6) feet in height. The berm, fence or wall shall have evergreen shrubs planted between it and the property line, at an average of every eight (8) lineal feet.

1.

One (1) understory tree per fifteen (15) linear feet;

2.

One (1) deciduous canopy tree per thirty-five (35) linear feet.

(2)

Along the perimeter of parking, loading and driveway areas on a lot with business or industrial uses that abuts a public road right-of-way, the following requirements shall apply:

Along the property line that separates the lot from the public road right-of-way, a mixture of evergreen and deciduous plant materials sufficient to achieve a visual character equivalent to that achieved by the following combination of plant materials:

a.

Except where otherwise stated in this chapter, a landscaping strip ten (10) feet in width, exclusive of a required sidewalk, shall be located between the right-of-way line and the parking lot, motor vehicle driveways and loading areas except where driveways or other openings may necessitate other treatment; such openings shall not exceed fifty (50) percent of any property line.

b.

Parking areas and vehicular traffic circulation lanes shall be screened with either earthen berming, or a continuous evergreen hedge, or a combination of both, to a minimum height of thirty (30) inches. Berming shall not exceed a slope of two to one (2:1).

c.

At least one (1) deciduous canopy tree for each fifty (50) feet of land abutting any right-of-way shall be planted in the landscaping strip; however, this requirement shall not be construed as requiring the planting of trees on fifty (50) foot centers.

d.

At least one (1) understory tree for each thirty (30) feet of land abutting any right-of-way shall be planted in the landscaping strip; however, this requirement shall not be construed as requiring the planting of trees on thirty (30) foot centers.

e.

At least one (1) evergreen tree for each thirty (30) feet of land abutting any right-of-way shall be planted in the landscaping strip; however, this requirement shall not be construed as requiring the planting of trees on thirty (30) foot centers.

f.

Where peripheral landscaping required by this section conflicts with street planting regulations of the Virginia Department of Transportation, the more restrictive standards shall apply.

(Res. of 1-1-02, § 4-405; Res. No. 11-10-10, 10-25-11)

Storage and/or service areas, loading areas, storage containers and/or solid waste containers and all other storage and service areas, including any areas where inoperable vehicles are kept, shall be screened from view of public rights-of-way and adjacent properties.

All such areas shall be screened from view from the public right-of-way and from adjacent properties through the use of evergreen plant materials and solid fences or screen walls a minimum of six (6) feet in height and compatible with the design and materials of on-site buildings and structures. The outward side of such screen walls or fences shall be softened with climbing vines, shrubs, or other plant materials. Plantings shall be a minimum mature height of six (6) feet at time of installation and totally cover at least fifty (50) percent of all outward facing fence or wall surfaces (exclusive of gates and other openings).

All utility equipment (i.e., meters, pedestals, transformers, etc.) not within the screened service area shall have a natural evergreen planting screen provided, but such plantings shall be planned and installed so as not to hinder the installation or maintenance of such utility equipment.

(Res. of 1-1-02, § 4-406)

(a)

For development projects for which a site plan is required in accord with article V, division 5, a final site plan shall include a plan for the planting and/or replacement of trees on the site such that at maturity of ten (10) years, the minimum tree canopy shall be provided as follows:

(1)

Ten (10) percent tree canopy for sites zoned for, or to be used for commercial or industrial uses.

(2)

Fifteen (15) percent tree canopy for sites zoned for, or to be used for residential uses.

(b)

For residential projects in all districts other than A-1, RR and FC, for which a plan of subdivision is required, but not a site plan, a landscape plan shall be included with the record plat that provides for the planting and/or replacement of trees on the site such that at maturity of ten (10) years, the minimum tree canopy shall be provided as follows:

(1)

If the site has a tree canopy coverage of twenty (20) percent or more prior to submission of the rezoning application or subdivision plan, the landscape plan shall provide for the preservation or planting and replacement of trees on the site so as to result in a tree canopy of at least twenty (20) percent at ten (10) years maturity.

(2)

If the site has a tree canopy coverage of less than twenty (20) percent prior to submission of the rezoning application or subdivision plan, the landscape plan shall provide for the preservation or planting and replacement of trees on the site so as to result in a tree canopy coverage as existed prior to development, at ten (10) years maturity.

(c)

For the purpose of calculating the area of the site for determining tree canopy coverage, ponds, wetlands and property reserved or dedicated for public improvements shall be excluded.

(Res. of 1-1-02, § 4-407)

(a)

The owner, or his agent, shall be responsible for the maintenance, repair and replacement of all required landscape materials and screening and buffering required by the provisions of this section.

(b)

All plant materials shall be tended and maintained in a healthy growing condition, replace when necessary and kept free of refuse and debris.

(c)

Fences and walls shall be maintained in good repair. Openings within the barriers may be required by the zoning administrator for accessibility to an area for necessary maintenance or access.

(Res. of 1-1-02, § 4-408)

In lieu of installation of the landscape materials prior to occupancy, the applicant may post a bond acceptable to the county, conditioned upon satisfactory installation of the landscaping design defined in the landscape plan.

(Res. of 1-1-02, § 4-409)

Landscape, buffer and screening requirements may be waived or modified by the zoning administrator, at his/her sole discretion, under the following circumstances. In any such case the zoning administrator may attach conditions to any waiver or modification in order to assure that the results will be in accord with the purpose and intent of this section and other relevant sections of this chapter.

(1)

Where the strict provisions of this section would reduce the usable area of a lot so as to preclude a reasonable use of the lot.

(2)

Where the topography of lot providing the buffer and/or the lot being protected is such that the required buffer would not be effective or would not be necessary in order to achieve the purposes of this section.

(3)

For public uses when such uses have been specifically designed to mitigate any adverse impact on adjacent properties.

(4)

Where the lot providing the buffer is adjacent to a lake, wetland or other natural area which is to remain undeveloped and which is at least three hundred (300) feet in depth along the lot line.

(5)

Where similar uses within the same zoning district abut and are otherwise designed so as to mitigate any adverse impacts on existing or permitted uses on such abutting lots.

(Res. of 1-1-02, § 4-410)

Any person aggrieved by a decision of the zoning administrator may appeal such decision in accord with the provisions of section 25-552.

Summary of Landscaping and Buffering Requirements
Materials Required

* Or where abuts a residentially zoned lot or a lot with a residential use.

** Parking areas with 10 or more spaces, including loading areas, storage areas and access lanes

(Res. of 1-1-02, § 4-411; Res. No. 11-10-10, 10-25-11)

The purposes of the outdoor lighting regulations are to regulate the design, size, height, placement, orientation, distribution patterns, and fixture types of outdoor lighting in order to:

(1)

Ensure the provision of lighting that provides safety, utility, and security;

(2)

Prevent dangerous conditions caused by glare on public roadways and nuisance glare onto adjacent properties;

(3)

Protect the privacy of neighbors by limiting light trespass;

(4)

Limit atmospheric light pollution; and

(5)

Conserve energy.

(Res. of 1-1-02, § 4-501)

(a)

General. These outdoor lighting regulations shall apply to each outdoor lighting fixture installed or replaced after the date of adoption of these regulations which is equipped with a lamp which emits two thousand (2,000) or more initial lumens and is:

(1)

Located on property within a commercial, mixed-use or industrial zoning district; or

(2)

To be installed in conjunction with a use for which a site plan is required by this chapter; or

(3)

To be installed in conjunction with a public or municipal use such as schools, parks, fire/rescue stations and libraries; or

(4)

Located on property within a residential or agricultural zoning district and involves the use or installation of a high intensity discharge lamp, regardless of its initial lumens; or

(5)

The replacement of inoperable bulbs, fixtures or other components shall be subject to the requirements of this chapter. However, if the failed component is part of a multi-fixture installation, it may be replaced with a similar fixture if necessary to maintain the appearance or performance of the entire installation.

(b)

Exemptions. The following outdoor lighting and related acts shall be exempt from the requirements of these outdoor lighting regulations:

(1)

Lighting which is not subject to this chapter by state or federal law.

(2)

Temporary lighting for construction activities, agricultural uses, emergency activities, fairs, civic activities, carnivals or holiday decorative purposes, provided that the lighting is temporary, and is discontinued within fourteen (14) days upon completion of the activity, project or holiday for which the lighting was used, and does not begin before thirty-one (31) days prior to the activity, project or holiday.

(3)

Security lighting controlled by sensors which provides illumination for ten (10) minutes or less.

(4)

The replacement of an inoperable lamp or component which is in a luminaire that was installed prior to the date of adoption of this chapter.

(5)

Public airport lighting.

(Res. of 1-1-02, § 4-502)

(a)

Required plan submission. The applicant for any permit required by any provision of the Botetourt County Code which involves any proposed work affecting or involving outdoor lighting fixtures shall submit, as part of the application for such permit, a lighting plan that provides evidence that the proposed work will comply with all aspects of the outdoor lighting requirements of this Code. Even if no other such permit be required, the installation or modification of any exterior lighting shall require submission of the information described herein, except for cases of routine servicing and same-type lamp replacement. Should any outdoor light fixture or the type of light source therein be changed after any such permit has been issued, a written change request must be submitted to the zoning administrator for written approval, together with adequate information to assure compliance with this Code, which must be received and approved prior to substitution of the light fixture or source.

All such required lighting plans shall include the following:

(1)

Plans indicating the location on the premises of all lighting fixtures, both proposed and already existing on the site, including a schematic layout of proposed outdoor lighting fixture locations that demonstrate adequate intensities and uniformity, and the light coverage resulting from the proposed lighting layout.

(2)

Description of all lighting fixtures, both proposed and existing, which shall include but are not limited to catalog cuts and illustrations by manufacturers that describe the equipment, including, lamp types, wattages and initial lumen outputs, glare control devices, lamps, switching devices, proposed placement of all fixtures, including engineering detail of fixtures, manufacturer, model, and installation of same.

(3)

Photometric data, such as that furnished by manufacturers, or similar showing the angle cut-off light emissions and glare-control devices.

(4)

Mounting heights and methods proposed hours of operation and maintenance schedule.

(5)

The provision for adequate measures to mitigate nuisance from light pollution and disabling glare to both on-site and off-site uses.

(b)

Plan approval. If the zoning administrator determines that the proposed lighting plan does not comply with the Botetourt County Code, the permit shall not be issued nor the plan approved. The zoning administrator shall provide the applicant with a written description of the deficiencies of the plan, and the applicant may submit a revised plan for review and approval.

(Res. of 1-1-02, § 4-503)

(a)

General standards.

(1)

Control of nuisance and disabling glare.

a.

All outdoor lighting on residential, commercial, industrial, municipal, recreational or institutional property shall be aimed, located, designed, fitted and maintained so as not to present a significant amount of glare to drivers, pedestrians, or users of neighboring properties.

b.

Directional fixtures such as flood lights, spot lights and sign lights shall be installed or aimed so that they do not shine directly into the window of a neighboring residence, directly into a roadway, or skyward.

c.

All outdoor lighting fixtures, including display lighting, shall be turned off after close-of-business, unless needed for safety and security, in which case the lighting shall be reduced to the minimum level necessary for such purpose.

d.

Vegetation screens shall not be the primary means for controlling glare. Rather, such control shall be achieved primarily through the use of full cut-off fixtures, the appropriate application of mounting height, wattage, aiming angle, fixture placement and fixture design, and the addition of louvers, shields and baffles as necessary.

e.

Externally illuminated signs shall be lighted by fixtures mounted at the top of the sign, shielded and aimed down or by fixtures mounted at the bottom of the sign and aimed and shielded such that the light falls only on the sign surface so as to limit sky-lighting impacts, and that no glare is created off of the sign face.

f.

Neon lighting extending beyond the sign area shall conform to all provisions of this Code.

(2)

Installation.

a.

Lighting fixtures shall not be mounted in excess of twenty-five (25) feet above grade.

b.

Electrical feeds to lighting standards shall run underground, not overhead.

c.

Lighting standards in public parking areas shall be placed outside the paved area, or behind tire stops, or on reinforced concrete pedestals at least thirty (30) inches high above the pavement, or by other acceptable protective means.

d.

Wallpacks shall be shielded.

e.

If the output of a lamp is greater than two thousand (2,000) lumens, it shall be fully shielded. If the output is less than two thousand (2,000) lumens, the lamp shall be aimed at no greater than 45-degree downward angle (halfway between straight down and straight to the side).

(3)

Maintenance. Lighting fixtures shall be maintained so as to always meet the requirements of this chapter.

(4)

Required cut-off.

a.

All light fixtures that are required to be full cut-off fixtures shall be installed and maintained so that the shielding is effective as described in the definition of a full cut-off fixture in article VI.

b.

Lamp types that are required to have full cut-off fixtures include low/high pressure sodium, mercury vapor, metal halide and fluorescent over fifty (50) watts and Incandescent (including tungsten-halogen (quartz) lamps) over one hundred sixty (160) watts.

Lamp types that are not required to have full cut-off fixtures include incandescent one hundred sixty (160) watts or less, fossil fuel, any light source of fifty (50) watts or less.

c.

All lights in open areas such as parking lots are required to have full cut-off fixtures.

(5)

Glare control.

a.

No lighting shall be permitted which shines directly into neighboring residential units or buildings on adjacent properties or on the public right-of-way.

b.

Light fixtures, including mounting base, shall not exceed twenty-five (25) feet in height above finished grade unless the zoning administrator determines that an increase in height, not to exceed ten (10) additional feet, would reduce the total number of light fixtures required for the site and still meet the intent of the chapter.

c.

Illuminated signs shall have an indirect lighting source or shielded source. Fixtures used for architectural lighting, such as facade, feature and landscape lighting, shall be aimed or directed so as to preclude light projection beyond the immediate objects intended to be illuminated.

d.

The zoning administrator may require that lighting be controlled by automatic timing devices to extinguish light sources during specific periods to mitigate the adverse impacts on adjacent properties.

(b)

Special standards.

(1)

For all uses within industrial and commercial zoning districts, and all industrial, commercial, and institutional uses in any zoning district:

a.

Outdoor lighting fixtures shall comply with the requirements of subsection 25-504(a)(4).

b.

The amount of illumination projected onto a non-residential use from another property shall not exceed 0.5 vertical foot-candles at a height of five (5) feet at the property line.

c.

The amount of illumination projected onto a residential use from another property shall not exceed 0.2 vertical foot-candles at a height of five (5) feet at the property line.

(2)

For auto/truck service stations and convenience retail uses, lighting in island canopy ceilings shall be recessed, full cut-off fixtures with flat lenses and shall not exceed forty (40) initial output lumens per square foot of canopy.

(c)

Prohibitions.

(1)

The operation of searchlights for advertising purposes shall be prohibited.

(Res. of 1-1-02, § 4-504)

The board of supervisors may modify or waive one or more of the standards set forth in section 25-504 in a particular case, and may impose conditions on such a modification or waiver which it deems appropriate to further the purposes of these outdoor lighting regulations, in the following circumstances:

(1)

Upon finding that strict application of the 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 these outdoor lighting regulations at least to an equivalent degree.

(2)

Upon finding that an outdoor luminaire, or system of outdoor luminaries, required for a publicly owned baseball, softball, football or soccer field cannot reasonably comply with the standard and provide sufficient illumination of the field for its safe use, as determined by recommended practices adopted by the Illuminating Engineering Society of North America (IESNA) for that type of field and activity or other evidence if a recommended practice is not applicable. Outdoor lighting of sports fields and facilities shall be extinguished after the completion of the event.

Prior to the board of supervisors considering a request for modification or waiver, the applicant for the modification or waiver shall provide written notice no less than fourteen (14) days and no greater than ninety (90) days to the owner, owner's agent or occupant of each abutting lot or parcel and each parcel immediately across the street or road from the lot or parcel which is the subject of the request. The written notice shall identify the nature of the request and the date and time the board will consider the request.

(Res. of 1-1-02, § 4-505)

(a)

The applicant shall, at the applicant's expense, install or cause to be installed all lighting fixtures, poles and related facilities in accord with the lighting plan approved by the zoning administrator. The applicant and subsequent landowner shall be responsible for all costs involved in the maintenance, upkeep and operation of all lighting, parking and loading areas and other elements required by this division.

(b)

Electrical feeds to lighting standards shall be run underground, not overhead.

(c)

Lighting fixtures shall be maintained by the landowner so as to always meet the requirements of this chapter.

(Res. of 1-1-02, § 4-506)

(a)

Safety hazards.

(1)

If and when the building official determines that a lighting installation creates a safety or personal security hazard, the person or entity responsible for the lighting shall be notified and required to take timely remedial action at that person's or entity's expense.

(2)

If appropriate corrective action has not been effected within thirty (30) days of notification, the county may proceed with enforcement of the ordinance provisions in accord with art. V, div. 1.

(b)

Nuisance glare and inadequate illumination levels.

(1)

If and when the zoning administrator determines that an installation does not conform with the provisions of this chapter, the zoning administrator shall cause notification of the person or entity responsible for the lighting and require them to take timely remedial action at their own expense.

(2)

If the infraction so warrants, the zoning administrator may act to have the problem corrected as in 25-507(a)(2) above.

(Res. of 1-1-02, § 4-507)