9-1-1 Parking and storage of recreational, utility, and commercial vehicles in residential areas:

9-1-1.1 Truck Tractors, Trailers, and Large Commercial Vehicles in Residential Areas. Parking of commercial vehicles greater than twenty (20) feet long or greater than eight (8) feet high including appurtenances is prohibited on vacant property or property utilized primarily for residential purposes in A, RA, R and PUD Districts, except on a temporary and non-regular basis not exceeding six hours, and except as exempted below. For the purposes of this section, "commercial vehicle" means any motor vehicle, the principal use of which is the transportation of commodities, merchandise, produce, freight, vehicles, animals, passengers for hire, or which is used primarily in construction, including but not limited to bulldozers, backhoes, tractors and cranes.

9-1-1.2 Exemptions.

(a)

One (1) vehicle used principally by the resident of the property which is up to thirty (30) feet long, with no height restriction, may be parked in any district.

(b)

Pickup or light trucks which are primarily used by the property owner for transportation purposes are exempt.

(c)

School buses normally associated with transporting students to and from school or religious facilities may be parked on school or religious facility property. One (1) school bus may be parked on a lot with a single family dwelling.

(d)

Up to three (3) commercial vehicles may be stored on A or RA properties within an enclosed building or in an area entirely screened from view from roads or an adjacent properties, as long as the storage of such vehicles is not done in conjunction with the unauthorized operation of a business from the premises.

(e)

Vehicles used for bona fide agricultural operations which are stored on the same property or directly adjacent property to that upon which the agricultural operation takes place are exempt.

(f)

Tractor Trailers: Parking of tractor trailers is generally prohibited, however a tractor cab under thirty (30) feet in length may be parked in accordance with 9-1-1.2(a) above. One (1) trailer may be parked on properties of three or more acres if it is in the rear yard and screened from view in accordance with 9-1-1.2(d) above.

(g)

Any property owner may apply for a conditional use permit in accordance with Article 17 of this ordinance to request additional exemptions, which shall be considered on a case by case basis.

9-1-1.3 Recreational and utility vehicles are defined as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pickup, horse trailers, stock trailers, boat trailers with or without boats, and utility trailers. Recreational and utility vehicles may be parked on property utilized for residential purposes in A, RA, R and PUD Districts provided the following conditions are met:

(a)

Vehicles shall not intrude into public rights-of-way or obstruct sight visibility from adjacent driveways.

(b)

Vehicles shall not be parked in the front building setback unless there is no reasonable access to the building side yards or rear yards because of topography or other physical conditions of the site as determined by the Zoning Administrator.

(c)

Vehicles shall be maintained in a clean, well-kept state which does not detract from the appearance of the surrounding area.

(d)

At no time shall parked or stored vehicles be occupied or used as a permanent or temporary dwelling unit except that guests may reside in a recreational vehicle on the host's premises on a temporary basis, not to exceed three (3) weeks in any calendar year.

9-1-2 Mother-in-law Suites:

Single family dwellings shall be prohibited from containing attached apartments, including garage or basement apartments, except that "mother-in-law suites" constructed and utilized in accordance with the provisions below shall be permitted:

9-1-2.1 The suite may contain all aspects of a separate dwelling including kitchen, bathroom, and bedroom facilities.

9-1-2.2 The suite shall be permitted only within the structure of the main dwelling. Not more than one (1) accessory suite shall be permitted within any single family dwelling.

9-1-2.3 The suite must not occupy more than thirty percent (30%) of the total floor area of the dwelling or one thousand (1,000) square feet, whichever is greater.

9-1-2.4 The suite must not have its own electrical service meter.

9-1-2.5 The owner of the property upon which the dwelling and suite are located shall occupy at least one (1) of the dwelling units on the premises.

9-1-2.6 The suite must be occupied only by persons legally related to the family occupying the dwelling or caregivers serving the family occupying the dwelling.

9-1-2.7 Any external entrance to the suite shall be on the side or the rear of the dwelling such that it and the entrance to the main dwelling are not both visible from the front yard.

9-1-2.8 No mother-in-law suite shall be established without written approval from the local office of the Virginia Department of Health of the location and area for both original and reserve drain fields adequate to serve the main dwelling and the suite.

9-1-2.9 No mother-in-law suite shall be established without first obtaining a building permit to ensure compliance with building code requirements.

9-1-3 Tenant Units:

9-1-3.1 Tenant unit shall mean a separate free-standing dwelling unit which is accessory to a primary dwelling on a single parcel of land and which meets the following criteria:

(1)

The tenant unit shall include no more than seventy-five percent (75%) of the total square footage of finished floor area in the primary dwelling.

(2)

The owner(s) of the property upon which the tenant unit and primary dwelling are located must reside full-time in one of the two dwellings.

9-1-3.2 Tenant units shall be permitted only if:

(1)

At the time of issuance of a building permit for a tenant unit, the property upon which it is located must be legally eligible to be subdivided, meeting all Subdivision Ordinance requirements, such that the primary dwelling and the tenant unit could be accommodated on separate, distinct parcels; or

(2)

The property upon which the tenant unit is proposed shall meet the following minimum size regulations:

A-1 Zoning District—15 acres

RA Zoning District—9 acres

RR Zoning District—9 acres

R-1 Zoning District—3 acres

All Other Zoning Districts - Not Permitted

9-1-3.3 More than one tenant unit may be approved for occupancy by farm tenants, defined as a tenant who derives at least eighty percent (80%) of their income from the farm on which the unit is located.

9-1-4 Recreational vehicle parks and campgrounds:

The location of a recreational vehicle park and campground in any division [district] where permitted shall require a use permit issued by the Board of Supervisors. The design and development of such park shall include consideration of the two (2) following basic types or an appropriate combination thereof: The "overnight type" is usually located on or near major highways where the public can stop for one (1) or two (2) nights while en route to some more distant destination. The "destination type" is usually located at or near a scenic, historic or outdoor recreation area where the public is attracted for extended stays of several days or weeks. The operators of such a park shall comply with the following:

9-1-4.1 Area: The following area requirements shall pertain for recreational vehicle parks and campgrounds:

a.

Parks with only campsites or with a combination of campsites and recreational vehicle sites, shall contain at least ten (10) acres in area.

b.

Parks with only recreational vehicle sites shall contain at least four (4) acres in area.

9-1-4.2 Accessory uses: Convenience establishments of a commercial nature, including small stores and coin-operated laundry establishments, may be permitted subject to the following restrictions: Such establishments and any parking area primarily related to their operation shall not occupy more than five percent (5%) of the area of the park, shall be subordinate to the residential use and character of the park, shall be located, designed and intended to serve only the needs of persons residing in the park and shall present no visible evidence of their commercial character from any portion of any residential district outside the park.

9-1-4.3 Screening: Where any property line of a recreational vehicle park and campground abuts land either zoned for residential use or occupied by a residential use permitted by the zoning ordinance, there shall be provided and maintained along said property line a continuous visual buffer with a minimum height of six (6) feet. This buffer shall be a compact evergreen hedge or other type of foliage screening, or shall be a combined wooden fence and shrubbery screen with the latter facing the residential zone or permitted residential use.

9-1-4.4 Space size: Each recreational vehicle site or campsite shall be at least one thousand six hundred (1,600) square feet in area with no dimension less than twenty-five (25) feet.

9-1-4.5 Density: Recreational vehicle parks and campgrounds shall not exceed a maximum of twenty (20) lots per gross acre.

9-1-4.6 Distance between recreational vehicles: No part of any recreational vehicle, tent or addition thereto shall be placed within seven and one-half (7½) feet of any recreational vehicle site or campsite line.

9-1-4.7 Water and sewer. ^[20] Each recreational vehicle park and campground site shall provide an adequate and safe water supply and method of sewage collection, treatment and disposal as approved by the Virginia Department of Health. Whenever a public water or sewer system is available to the park, such system shall be used. Each park shall have no less than one (1) running water spigot for every three (3) recreational vehicle sites or campsites.

9-1-4.8 Service buildings. Each recreational vehicle park and campground shall provide service buildings to house such toilet, bathing or other sanitation and/or laundry facilities as are hereinafter more particularly prescribed:

a.

Permanent structures. All service buildings shall be permanent structures complying with all applicable County codes and regulations.

b.

Distance from lots. Service buildings housing sanitation facilities shall be located no closer than thirty (30) feet to any recreational vehicle site or campsite nor farther away than four hundred (400) feet.

c.

Maintenance. All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health or safety of any occupant or the public, or otherwise constitute a nuisance or fire hazard.

9-1-4.9 Sanitation facilities. Each recreational vehicle park and campground shall be provided with toilets, baths or showers and other sanitation facilities in accordance with the requirements of the Virginia Department of Health.

9-1-4.10 Occupancy. No individual unit shall be occupied nor shall any person reside, in any recreational vehicle park or campground for more than sixty (60) days within one (1) year. This provision shall apply only to campgrounds established after the date of adoption of this section.

9-1-4.11 Registration of campers. The operator of a recreational vehicle park and campground shall keep a record of all persons registering at the park or campground. This record shall show:

a.

The name and permanent address of the person responsible for the camping unit registered.

b.

The number in the party.

c.

The year and make of car.

d.

The license number and state of car's registration.

e.

The date of arrival and departure.

These records shall be open to the law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained therein, the record shall not be destroyed for a period of three (3) years following the date of departure of the registrant from the park or campground.

9-1-5 Use of Certain Containers or Vehicles For Storage in A, RA, R and PUD Districts:

9-1-5.1 Semi-trailers, school and other buses, vans, trucks, recreational vehicles or similar vehicles are prohibited for use as stationary structures for any principal or accessory use, except that bona fide agricultural use of such vehicles for storage shall be permitted.

9-1-5.2 Shipping containers and similar containers originally designed and constructed to move or be moved from place to place for the purpose of transporting or conveying persons or goods which are to be utilized as stationary structures for storage shall be considered accessory structures for the purposes of this ordinance.

9-1-6 Home Occupation:

A home occupation is defined as an occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display of products or signage and where no one is employed other than members of the family residing on the premises.

9-1-6.1 Home occupations must be clearly incidental and subordinate to the use of the premises for residential purposes and shall not alter the residential character of the dwelling. Home occupations may be located in a detached structure, but must be located upon the same parcel of land as the principal residence with which it is associated. No outdoor storage is permitted. The total area devoted to the home occupation, regardless of whether in the principal structure or a detached structure, shall not exceed twenty-five percent (25%) of the livable floor area of the principal structure, exclusive of the basement.

9-1-6.2 Home occupations are a permitted accessory use in the A-1, RA, RR and R-1 Zoning Districts.

9-1-7 Residential professional:

A residential professional use is defined as a professional office in a single-family detached residence or any accessory thereto for the use of the resident occupant. Such professional offices may include an architect, certified public accountant, chiropractor, dentist, doctor, engineer, insurance agent, land surveyor, lawyer, optometrist, planning consultant, podiatrist, psychologist, realtor and other professionals.

9-1-7.1 The resident professional use must be clearly incidental and subordinate to the use of the premises for residential purposes and shall not alter the residential character of the dwelling. The total area devoted to the professional office shall not exceed fifty percent (50%) of the ground floor area of the principal structure. Use of the professional office is limited to the occupants and up to two (2) employees, assistants or associates.

9-1-7.2 The resident professional is a conditional use requiring a special use permit as provided for in Article 17 in the A-1, RA, RR and R-1 Zoning Districts.

9-1-8 Family Day Home:

The Zoning Administrator shall issue a zoning permit for any family day home, as defined in Article 2 of this ordinance and as permitted under Article 3-2-1.9 of this ordinance, serving five (5) through twelve (12) children, exclusive of the provider's own children and any children who reside in the home. Prior to issuance of the permit, the applicant shall notify each adjacent property owner via registered or certified letter. Additionally, a representative of the Virginia Department of Health, and the County Building Official shall be consulted. In the event that no written objection is raised by any adjacent property owner, or by the Health Official or Building Official within thirty (30) days, the Zoning Administrator shall issue the permit. If an objection is raised which results in denial of the permit, the applicant may ask to have the application considered by the Planning Commission and the Board of Supervisors according to the process set forth in Code of Virginia, § 15.2-2204. No signage advertising such family day homes shall be permitted.

(Ords. of 7-1-1969; 9-2-1969; 5-2-1972; 11-3-1976; 5-24-1989; 1-2-1991; 3-2-1993; 12-6-1994; 6-12-1996; 10-8-1996; 2-4-1997; 6-3-1997; 5-7-2002; 2-3-2004(2); 5-7-2013(2); 5-2-2017)

9-2-1 Structures permitted above height limit:

Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, radio towers, flagpoles, cupolas, chimneys, smokestacks or similar structures may be erected above the height limit herein prescribed, but no roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space. Such structures shall not exceed an additional fifteen (15) feet above the height limit in the district in which it is located. Roof structures which are mechanical in nature shall be concealed by exterior architectural material of the same type of quality as that used in the exterior walls of the building. Steeples on religious facilities may extend twenty (20) feet above the height limit. Silos for agricultural use and water towers may extend twenty-five (25) feet above the height limit.

(Ord. of 5-7-2013(2))

9-3-1 Vision clearance:

On any corner lot in an A, R, or RA District, there shall be no planting, structure, fence, retaining wall, shrubbery or obstruction to vision more than three (3) feet higher than the curb level within the triangle formed by the street right-of-way lines and a line connecting said street lines twenty-five (25) feet from their intersection. On any corner lot in a Commercial or Industrial District, no building or obstruction shall be permitted between a height of one (1) foot and a height of ten (10) feet higher than the curb level within the triangle formed by the street right-of-way line and a line connecting said street lines ten (10) feet from their intersection.

9-3-2 Two-story accessory buildings in R Districts:

Any two-story accessory building shall be required to meet the side and rear yard requirements for principal structures.

9-3-3 Projections allowed in yards:

No building or structure, or addition thereto, other than walls or fences, shall extend into a required setback area or yard except that chimneys may extend therein eighteen (18) inches, and the following unenclosed uses may extend therein no more than four (4) feet, but not nearer than five (5) feet to any property line; balconies, eaves, trim and fascia boards and similar architectural features, platforms and terraces.

9-3-3.1 Any roofed-over area existing at the time of the adoption of this Article which is attached to a main structure and which encroaches on required setback or yard area shall not be enclosed without additional zoning approvals (See Article 18 of this ordinance).

9-3-3.2 The setback and yard requirements of this ordinance shall not be deemed to prohibit any otherwise lawful fence or wall which is not more than four (4) feet high; provided, however, that a fence or wall along the rear lot line and along the side lot line to the rear of the required setback line may be erected to a height not exceeding seven (7) feet. Also this provision shall not be interpreted to prohibit any open-mesh type fence enclosing any school or playground.

9-3-4 Landscape features:

Landscape features, such as trees, shrubs, flowers or plants, shall not be permitted or maintained on any required front, side or rear yard if they produce a hedge effect or interfere with the safe use of the public street or sidewalk. Said landscape features shall be permitted in any required front, side or rear yard, provided that they do not interfere with public safety and do not produce a hedge effect contrary to provisions of section 9-3-1.

9-3-5 Utility and Community Facilities Lots:

Lots to be used solely for the location and operation of electric substations, or booster, relay or pump stations for natural gas, telephone, water, sewer, and similar public utilities and lots to be used for community facilities such as fire or police stations, waste transfer sites, post offices, and public recreation areas shall not be required to comply with area or frontage regulations. This section shall not apply to lots used for the location and operation of primary utility facilities nor shall it be construed to allow any use which is not normally allowed in the zoning district.

(Ords. of 5-24-1989; 3-5-1991; 11-4-1992; 8-3-1993; 8-2-1994; 6-12-1996; 6-1-1999; 5-7-2013(2))

9-4-1 Minimum separation: In districts where more than one (1) detached principal building is allowed on a lot, there shall be a minimum separation between the nearest vertical walls to ensure adequate privacy, light, air circulation and design flexibility. The minimum distance required between principal structures shall be the sum of the two building heights (measured from the adjacent grade to the peak or highest structural point of the roof) multiplied by 0.75. This is expressed by the formula:

(Ha + Hb) x 0.75 = D

Where

Ha, Hb = The height of each building (feet).
D = The minimum building separation (feet).

In no case shall the minimum building separation be less than the required fire separation based upon applicable building code.

(Ords. of 5-24-1989; 5-7-2013(2))

Alleys not less than twenty (20) feet in right-of-way width may be provided in the rear of all commercial and industrial properties unless other provisions are made for parking and service. Alleys shall also be permitted in the following residential districts: R-1, R-2, R-3, R-4, and PUD.

Easements for alleys in residential districts shall be a minimum of twenty (20) feet in width, including appropriate sight distance, drainage, and radius for emergency vehicles. A minimum paved travel way of fifteen (15) feet shall be provided. One and one-half (1.5) inches of surface mix over three (3) inches of base pavement and six (6) inches of sub-base stone shall be the minimum pavement required with a minimum of two-foot shoulders. Additional pavement/base may be required if it is determined that the site soil conditions warrant the additional improvements. The maximum grade for an alley shall be ten (10) percent, except that the grade shall not exceed three (3) percent for the first twenty-five (25) feet from the street connection.

A minimum setback of ten (10) feet shall be required from the edge of the easement to any accessory structure, garage, or other structure. All structures shall also comply with the underlying zoning district rear and side yard setbacks. No parking shall be permitted on paved travel way; however, parking may be permitted within the alley easement if additional easement width is provided to accommodate such parking. All required off-street parking shall be provided on each lot. Garages shall not count toward off-street parking requirements. A twenty-foot setback shall be provided from an alley intersection and the first structure, parking space, or any street tree planting.

In residential developments where alleys are provided, the following features must also be provided in front of dwellings:

a.

On street parking on at least one (1) side of the street.

b.

Sidewalks at least four (4) feet in width, parallel to street.

c.

Lead walks at least three (3) feet in width from the dwelling to the parallel street sidewalk.

Sidewalks and lead walks must be constructed with concrete or other suitable impervious material.

Alley easements shall be owned, controlled, and maintained by a homeowners association (HOA) or similar association or owned by individual property owners with control and maintenance by a HOA or other association. Notation on both the plat and deeds shall be provided that clearly and boldly states the ownership, maintenance, and control responsibility for alleys. Culpeper County shall not, under any circumstances, assume any maintenance or ownership responsibilities for any alley, unless otherwise permitted or required by law. Homeowners' association covenants, which provide for the maintenance and upkeep of the alleys, shall be submitted with the final construction plans for review.

Any of the provisions of this section may be waived or varied by the Planning Commission if it is determined that the purpose and intent of the ordinance can be met through alternative means.

(Ord. of 11-6-2002)

9-5-1 Intent of cluster development: Cluster development is intended to encourage flexibility in residential setting and subdivision design for the purpose of providing attractive, economical and environmentally sound land use. The regulation allows for the clustering of housing in order to preserve or protect land with unique natural or physical attributes or to provide recreation opportunities for development. Cluster development is limited to residential uses and will result in a large area of natural or open space for recreation or conservation purposes.

9-5-2 Where cluster housing applicable: Cluster housing shall be applicable in the RR, R-1, R-2 and R-3 Districts only and subject to the uses, structures and regulations of the district where the cluster lies, except as provided herein. Clustering may occur in the aforementioned zoning districts administratively upon approval of a preliminary site plan consistent with the provisions herein this Article 9 and Appendices A and B of the Culpeper County Code. All clustered development shall be developed in accordance with and conform to all applicable requirements found in Appendices A and B of the Culpeper County Code.

9-5-3 Regulations and Design Standards: The following regulations and design standards shall apply to all cluster developments as provided for in this section:

9-5-3.1 Minimum development area. The minimum area to be developed for cluster housing shall be five (5) acres in the RR, R-1, R-2 and R-3 Districts. Development of a new cluster abutting an existing cluster can be less than the five (5) acres minimum.

9-5-3.2 Density of development. The maximum number of units allowed in a cluster shall not exceed the total density normally allowable in the district where the cluster provision is applied. Areas occupied or covered by perennial surface water may be used as open space as defined, but shall not be used to calculate allowed density.

9-5-3.3 Conservation area or open space. In the utilization of cluster provisions, at least forty percent (40%) of the gross acreage of the original tract(s) shall remain in the conservation area or recreation or open space and dedicated as such, except in the instance where open space credits have been granted in lieu of up to 20% open space. Such dedication shall be recorded in the Culpeper County Circuit Court Clerk's office and shall contain appropriate covenants or deed restrictions, as acceptable to the Zoning Administrator. The covenants shall provide for the appropriate restriction of use and maintenance of the open space in accordance with the purpose of its dedication. Dedicated open space areas shall be single, contiguous parcels wherever possible. In cases where open space is not entirely contiguous, the minimum size of an open space parcel shall be one-quarter (¼) acre and, where reasonable taking into consideration topography and all of the elements of the subdivision design, connected to other open space parcels.

9-5.3.3a. Open space credits. If requested by applicant, shall be based on the table below and shall be granted by the Planning Director in lieu of a maximum of 20% open space, which is half the required 40% open space calculated from the gross acreage of the original tract. If requested, applicant shall apply for open space credits at time of submission of the preliminary plan. Possible improvements or infrastructure that may be included for consideration toward open space credits include, but are not limited to:

1.

playgrounds,

2.

tot lots,

3.

pedestrian or biking trails,

4.

community gardens,

5.

swimming pools,

6.

pickleball courts,

7.

tennis or multi-use courts,

8.

soccer fields,

9.

pocket parks,

10.

picnic areas,

11.

resting benches,

12.

gazebos, and

13.

BBQ areas.

Improvements or infrastructure to be counted toward open space credits shall be age appropriate for the type of cluster development to be developed, i.e.., age restricted homes, traditional single family homes, etc., and shall take into consideration the expected utilization rate and the functionality and accessibility of each improvement. The applicable improvements or infrastructure will be located so that some type of improvement is within a convenient distance from a majority of the residences to be served.

9-5-3.3b. Open space credit approval will be granted in conjunction with approval of the preliminary plan and shall become effective upon submission of the required bonding in an amount approved by the County. During County review of a preliminary plan for cluster development, the Planning Director will confirm the open space credits (if requested by applicant), with the future bond or surety amount based on the approved associated costs of the improvements or infrastructure as shown by engineer's estimates, contracts, or vendor estimates of future improvements or infrastructure. The final plans and specifications for the improvements or infrastructure will be submitted to the County in conjunction with the final subdivision site plans.

9-5-3.3c. The Planning Director shall require a bond or surety in an amount equal to 110% of the approved engineer's estimate, contracts, or vendor estimates of said improvements or infrastructure allocated for open space credits. The bond or surety must be provided to the County before an early clearing and grading or other site construction permit will be granted. The performance agreements and bonds shall automatically renew each year and shall not expire until all improvements or infrastructure that count towards open space credits have been installed to the reasonable written satisfaction of the Planning Director. The applicable homeowners association will thereafter be responsible for maintenance pursuant to the terms of the HOA Declaration or HOA Supplemental Declaration between the developer and the homeowners association. Drafts of the HOA Declaration or HOA Supplemental Declarations must be provided to the County for review before an early clearing and grading or other site construction permit will be granted. The final Declaration or Supplemental Declaration, as applicable, shall be provided by applicant in conjunction with each final plat.

9-5-3.3d. If an applicant wishes to apply for an open space credit, the design of the applicable improvements shall meet the minimum cost per unit as shown below. The applicant cost total (as evidenced by an engineer's estimate, contract, or vendor estimate) that will count toward issuance of open space credits for cluster developments will be based at time of application on the following:

If an applicant wishes to apply for a full 20% open space credit, then the cost of its proposed improvements must meet or exceed the full amount shown on the table above. A proportionate reduced open space credit may be granted in proportion to the total dollar per house type, i.e., if cost of proposed improvements total one half of the total $ per house type, then applicant will be granted a 10% open space credit.

9-5-3.4 Buffer with surrounding uses. Cluster housing lots other than the open space shall be one hundred (100) feet from any A or RA zoning district.

9-5-3.5 Access. All pedestrian and vehicular access and on-site circulation is to be provided by the developer as part of the cluster development. Access to dedicated open space and recreation areas shall be required as appropriate.

9-5-3.6 Maximum height. The height of structures shall be as governed by the district in which the cluster development lies with the exception of clustering within the R-3 district. A building height of forty-five feet (45') shall be allowed within a cluster development within the R-3 zoning district.

9-5-3.7 Minimum lot area, width and yard requirements. Single family dwellings, including all accessory structures shall not cover more than 40% of any lot within the cluster development. Townhouse units, including all accessory structures except attached decks shall not cover more than 60% of any given lot within the cluster development. Townhouse groupings of no more than eight (8) units may be allowed within the R-3 cluster development. There shall be no limit to the number of lots allowed on cul-de-sac streets in cluster developments. The minimum standard for cluster housing lot development shall be governed by the following schedules:

Cluster Housing Schedules

(Ords. of 5-24-1989; 11-6-1991; 3-3-1992; 6-12-1996; 11-3-1999; 9-5-2000; 5-7-2013(2); 10-6-2020)

Editor's note— An ordinance adopted Oct. 6, 2020, changed the title § § 9-5 from "Cluster housing" to read as herein set out.

9-6-1 Purpose and intent:

The purpose of this section is to monitor the application of biosolids to agricultural land in Culpeper County as authorized by the Code of Virginia and applicable regulations. This section is intended to implement the authority granted to local governments by Va. Code § 62.1-44 et seq., to provide for the testing and monitoring of land application of biosolids within the political boundaries of Culpeper County in order to ensure compliance with applicable laws and regulations and to make pertinent information available to the Board of Supervisors, County officials and residents of the County on matters related to biosolids land application.

This section is not intended to apply to the land application of animal waste or manures, water treatment plant sludge, or exceptional quality biosolids.

9-6-2 Authority and severability:

a.

Authority. This section is adopted pursuant to the authority granted by the Code of Virginia, including but not limited to §§ 15.2-1200 et seq., 15.2-2200 et seq., 15.2-2283 et seq., and 62.1-44.

b.

Severability. In the event that any portion of this section is declared void for any reason, such decision shall not affect the remaining portions of the ordinance, which shall remain in full force and effect, and for this purpose the provisions of this section are hereby declared to be severable.

9-6-3 Definitions:

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicator means any person who applies biosolids pursuant to appropriate permits.

Biosolids means sewage sludge that has received an established treatment for required pathogen control and is treated or managed to reduce vector attraction to a satisfactory level and contains acceptable levels of pollutants, such that it is acceptable for use for land application, marketing or distribution in accordance with state regulations.

Biosolids Monitor means an employee of the County, either full-time or part-time, charged with the responsibility of ensuring that the land application of biosolids is conducted in accordance with applicable laws and regulations. This shall include the Zoning Administrator or his agents.

Exceptional Quality Biosolids means biosolids that have received an established level of treatment for pathogen control and vector attraction reduction and contain known levels of pollutants, such that they may be marketed or distributed for public use in accordance with state regulations.

Land Application means the distribution of either treated wastewater of acceptable quality, referred to as effluent, or stabilized sewage sludge of acceptable quality, referred to as biosolids, upon, or insertion into, the land with a uniform application rate for the purpose of utilization or assimilation. Bulk disposal of stabilized sewage sludge in a confined area, such as in landfills, is not land application. Sites approved for land application of biosolids in accordance with this regulation are not to be considered treatment works.

Nutrient Management Plan means a plan prepared by a person certified by the Commonwealth as a nutrient management planner and otherwise meeting the requirements set forth by state law and regulation.

Owner means a person who holds legal title, equitable title, a leasehold interest or the right of possession or control over land.

Permit means an authorization granted by the authority of the Commonwealth of Virginia to land apply biosolids in Culpeper County.

Permittee means any person who holds the necessary permits authorizing the land application of biosolids in Culpeper County.

Sewage sludge means any solid, semi-solid, or liquid residue, generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works.

Storage Facility means any facility whose purpose is to store biosolids during periods when inclement weather, field conditions or other circumstances beyond the control of the Permittee, prevent or delay the land application of biosolids at the anticipated time.

9-6-4 Permits required:

Land application of biosolids is prohibited in Culpeper County unless authorized by all applicable state and/or federal permits.

9-6-5 Information:

Any person filing an application with Virginia Department of Environmental Quality (DEQ) for a permit for land application of biosolids in Culpeper County shall file certain information with the DEQ. Upon request from the Culpeper County Office of Planning and Zoning, the same information shall be furnished to Culpeper County. The information shall include the following:

a.

Name, address and telephone number of applicant. If the applicant is a company or corporation, the applicant shall include the name, title and telephone number of the person or persons who will be responsible for land application activities under the permit;

b.

Copies of the application and all supporting information submitted to regulatory agencies in connection with the activities described in the application. This information shall include, without limitation, a copy of the applicant's approved operations and maintenance manual incorporating procedures for sampling and analysis of biosolids and soils, spill prevention and cleanup procedures and analytical data pertaining to sources of biosolids proposed for land application within Culpeper County. The applicant shall also include copies of all site-specific information pertaining to permitted activities, including site maps, proposed crops and methods of application;

c.

A traffic management plan indicating truck access routes and trip generation; and

d.

Written consent by the owners of land to which biosolids will be applied.

9-6-6 Conditions:

a.

Provided it is performed in compliance with this section, land application of biosolids is authorized only in the A-1 (Agricultural) and RA (Rural Area) zoning districts, or for the purpose of mining reclamation if permitted under state law.

b.

No person shall apply biosolids to land in Culpeper County except pursuant to a valid permit issued by the Virginia Department of Health or Department of Environmental Quality, in compliance with all applicable federal and state statutes and regulations, and in accordance with the provisions of this section.

c.

Any person proposing or intending to land apply biosolids to lands in Culpeper County shall notify the Biosolids Monitor in writing at least two (2) weeks prior to any intended land application of biosolids, and as otherwise required by state law or regulation. Additionally, a daily notice of planned land application activities shall be provided to the Biosolids Monitor.

d.

The notice provided to the biosolids monitor shall include the following information:

1.

The name, address and telephone number of the Permittee or Applicator;

2.

The tax map numbers of the parcels where land application will occur;

3.

The name, address and telephone number of the Owner of the property where the land application will occur;

4.

The estimated date range on which land application will occur;

5.

A copy of the permits authorizing the land application;

6.

Evidence of a Nutrient Management Plan (NMP) as required by state regulations to assure balanced use of biosolids to prevent overdose by limiting amount applied per acre to soil and crop needs; and

7.

Information on proposed haul routes.

e.

The Permittee shall advise the Biosolids Monitor from time to time as to the progress of operations while operations are conducted within Culpeper County.

f.

If requested by the Biosolids Monitor, the Permittee shall provide the most recent analysis results for biosolids that are land applied at any site in Culpeper County. The Permittee shall allow the Biosolids Monitor, upon request, to obtain samples of biosolids being land applied in Culpeper County. At the request of the Permittee, the Biosolids Monitor shall provide the Permittee with a split sample.

g.

By agreeing to accept biosolids for land application, the owner of the property on which land application takes place agrees to allow the Biosolids Monitor access to the land application site for the purpose of monitoring land application activities. It is the responsibility of the Permittee to ensure that the property owner is advised of this requirement. The Biosolids Monitor's right of access shall extend from the date on which the notification required by subsection C. is submitted until fifteen (15) days after land application has been completed at the site.

h.

The Biosolids Monitor shall endeavor to visit each land application site at least once during the application process to assure compliance with all regulatory requirements.

i.

The Permittee shall immediately notify the Office of Planning and Zoning of any change in ownership of the Permittee or in responsible personnel designated in the original application, or in the data submitted with the application.

j.

The Permittee shall provide contemporaneous copies of all data, reports and information submitted in accordance with state or federal regulatory requirements.

k.

The Permittee shall provide a general schedule indicating which properties will be subject to land application in Culpeper County to the Office of Planning and Zoning on a monthly basis, and shall promptly notify the Office of Planning and Zoning of any changes to the schedule.

l.

The Permittee shall immediately report to the Office of Planning and Zoning any complaints or notices of violations received in connection with land application activities conducted under the permit.

9-6-7 Abatement of violations; spill response:

The Biosolids Monitor shall immediately notify the Permittee of any failure to follow the applicable regulations or the Permittee's operational plan, resulting in the improper application of biosolids or in the spillage of biosolids onto public streets or right-of-way or on property outside the area authorized. The Biosolids Monitor may order the abatement of any violation of state laws or regulations pertaining to land application of biosolids. The Permittee shall respond, in conformance with its operational plan, to cease any such violations and to undertake appropriate corrective action for improperly applied biosolids, or to clean up biosolids spilled onto public streets, roadways or other unpermitted areas, immediately upon receiving such notification. In the event that the Permittee does not respond promptly to notification of spillage or improper application and the County conducts the cleanup of spilled biosolids, the Permittee shall compensate the County for the actual costs of such cleanup.

The Permittee shall take appropriate steps to prevent the drag-out or track-out of dirt and debris or biosolids from land application sites onto public roads. Where material is transported onto a paved or public road surface, the road surface shall be cleaned thoroughly as soon as practicable, but no later than the end of each day.

9-6-8 Scheduling:

The Permittee will, at the request of the Biosolids Monitor, make all reasonable efforts to schedule land application activities so as to avoid conflicts with community or social events in the vicinity of the land application site.

9-6-9 Storage:

Biosolids shall be land applied as they are received at the site unless land application is precluded by unforeseen weather conditions or other circumstances beyond the control of the Permittee. Biosolids shall not be stored at any site in Culpeper County other than storage that is approved in accordance with the law and regulations of the Virginia Department of Environmental Quality.

9-6-10 Financial Responsibility:

Land application of biosolids is not allowed unless the Permittee has in effect liability insurance or other evidence of financial responsibility in the amount that is required by state law or regulation, covering losses and claims arising from the land application or transportation of biosolids and related activities in Culpeper County. Such insurance shall be maintained in full force and effect throughout the time that the applicator is engaged in land application of biosolids in Culpeper County. The Permittee shall provide the Biosolids Monitor with certificates of insurance or other evidence of financial responsibility and shall promptly notify the Biosolids Monitor of any proposed cancellation or modification of insurance coverage.

9-6-11 Reimbursement:

Culpeper County may, at its discretion, participate in a reimbursement program to cover biosolids monitoring and/or testing costs and other costs of reviewing biosolids applications in Culpeper County as permitted by the terms of reimbursement which have been established by the state.

9-6-12 Effective date:

This section is effective immediately. Any land application that is in progress on the date this ordinance is adopted [(November 5, 2003)], and any land application that was scheduled before the effective date of the ordinance, shall be deemed in compliance with this section provided that application is completed within thirty (30) days after the effective date of the ordinance.

9-6-13 Reserved.

(Ords. of 11-5-2003; 8-1-2006(1); 5-7-2013(2))