(a)

By act of the General Assembly of Virginia as provided in Code of Virginia § 15.2-2280, any locality may, by ordinance, classify the territory under its jurisdiction or any substantial portion of such territory into districts of such number, shape and size as it may deem best suited to carry out the purposes of this chapter; and in each district it may regulate, restrict, permit, prohibit, and determine the following:

(1)

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

(2)

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

(3)

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

(4)

The excavation or mining of soil or other natural resources.

(b)

For the purpose of promoting the health, safety or general welfare of the public and of further accomplishing the objectives of Code of Virginia § 15.2-2200, this chapter is adopted as the zoning ordinance of the County, together with the map accompanying the ordinance from which this chapter derives. This chapter has been designed to:

(1)

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

(2)

Reduce or prevent congestion in the public streets;

(3)

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

(4)

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

(5)

Protect against destruction of or encroachment upon historic areas; and

(6)

Protect against one (1) or more of the following: Overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, panic or other dangers.

(Ord. No. 11-05, § c, 7-12-2011)

State Law reference— Similar provisions, Virginia Code §§ 15.2-2280, 15.2-2283.

(a)

The following defined terms shall be used in this chapter unless the context clearly provides otherwise. Terms used herein but not otherwise specifically defined in this section, shall use the definitions set forth in chapter 54, the general definitions applicable to the Code in chapter 1, the terms used in the Virginia Code and then in the terminology used in common parlance, in that order.

(b)

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:

Abattoir means a commercial slaughterhouse.

Accessory storage building is an accessory structure or building used primarily for storage purposes, whether or not permanently attached to the ground, which use is intended for sixty (60) days or more. Examples of an accessory storage building may include, but not [be] limited to, a garage, shed, workshop or lean-to.

Accessory use or structure means a subordinate use or structure customarily incidental to and located upon the same lot occupied by the main use or building.

Acreage means a parcel of land, regardless of area, described by metes and bounds which is not a numbered lot on any recorded subdivision plat.

Administrator and Zoning Administrator mean the official charged with the enforcement of this chapter. He may be any appointed or elected official who is by formal resolution designated to the position by the Board of Supervisors.

Agriculture means the tilling of the soil, the raising of crops, horticulture, forestry, gardening, including the keeping of animals and fowl, and including any agricultural industry or business, such as fruit packing plants, dairies or similar use, excluding intensive swine facilities.

Airport means an area of land or water which is used, or intended for public use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, easements, together with all airport buildings and facilities located on the area.

Alteration means any change in the total floor area, use, adaptability or external appearance of an existing structure.

Apartment house means a building used or intended to be used as the residence of three (3) or more families living independently of each other.

Archery range means a facility, which may include structures, used for target practice with bows, crossbows, and arrows.

Automobile graveyard means any lot or place which is exposed to the weather upon which more than five (5) motor vehicles of any kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found.

Basement means a story having part but not more than one-half (½) of its height below grade. A basement shall be counted as a story, for the purpose of height regulations, if it is used for business purposes, or for dwelling purposes by other than a janitor employed on the premises.

Bed and breakfast inn. See short-term rental dwelling.

Boarding, rooming or lodging house means a dwelling, in which the operator resides, other than a hotel or bed and breakfast inn, where, for compensation, meals or lodging are provided for three (3) to ten (10) non-transient guests and containing no more than five (5) sleeping rooms.

Buildable area of a lot means that portion of a lot bounded by the required side and rear yards and the building setback line(s) as applicable.

Building means any structure having a roof supported by columns or walls, and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.

Building, accessory means a subordinate structure customarily incidental to and located upon the same lot occupied by the main structure. No such accessory structure shall be used for housekeeping purposes.

Building, height of means the vertical distance from finished grade to the top of the highest roof beams on a flat or shed roof, to the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs. For buildings set back from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building.

Building, principal means a building in which is conducted the principal use of the lot on which it is located.

Building envelope means the three-dimensional space within which a structure is permitted to be built on a lot and is defined by maximum height regulations and minimum yard setbacks.

Building setback line means a line in the interior of a lot which is generally parallel to, and a specified distance from, the street right-of-way line or lines. No building shall then be placed in the space between the building setback line and the right-of-way line.

Campground means property on which one (1) or more campsites are located, established, or maintained for occupancy by camping units for temporary living quarters, meaning occupancy for less than thirty (30) consecutive days.

Canopy tree means a tree that shall measure a minimum of three (3) inches in caliper and ten (10) feet in height at the time of planting.

Cellar means a story having more than one-half (½) of its height below grade and which may not be occupied for dwelling purposes.

Cemetery, family or church, means a family, individual, or church owned place for the final disposition of human remains. A survey of the bounds of the cemetery, with confirmation of state code requirements being met, and showing a five-foot setback from any adjacent properties and a one hundred-foot setback from any active wells must be recorded with the Circuit Court Clerk prior to establishment of the cemetery.

Cemetery, private, cemetery association or for-profit, means a privately owned and/or operated place for storage of human remains where lots or storage places may be sold and perpetual care is furnished.

Child care center means any place, however designated, operated for the purpose of providing care, protection and guidance to four (4) or more children under seven (7) years of age separated from their parents or guardians during a part of the day only between the hours of 6:00 a.m. and 7:00 p.m.

Commission means the Planning Commission of Cumberland County, Virginia.

Convenience store means a store that sells foods prepared on premises and provides an informal seating area; sale of gasoline and articles such as bread, milk, cheese, bottled food and drink, tobacco products, candy, papers, magazines and general small hardware articles.

Dairy means a commercial establishment for the manufacture and sale of dairy products.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of manufactured homes, streets and other paving utilities, filling, grading, excavation, mining, dredging or drilling operations.

District means districts as referred to in Code of Virginia § 15.2-2280.

Dwelling means any structure which is designed for use for residential purposes, except hotels, boardinghouses, lodging houses, tourist cabins, apartments and automobile trailers.

Dwelling, multiple-family means a structure arranged or designed to be occupied by more than one (1) family.

Dwelling, single-family means a structure arranged or designed to be occupied by one (1) family, the structure having only one (1) dwelling unit.

Dwelling, two-family means a structure arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units.

Dwelling unit means one (1) or more rooms in a dwelling designed for living or sleeping purposes, and having at least one (1) kitchen.

Electrical substation, distribution centers, and transformer stations mean premises which may or may not contain buildings, where the interconnection and usual transformation of electrical service takes place between systems. An electrical substation shall be secondary, supplementary, subordinate, and auxiliary to the main system.

Event facility means a facility for hosting public and/or private events, including, but not limited to, weddings, receptions, social events or parties, workshops, and/or conferences, which is used as a venue for social, cultural, recreational, and/or educational activities. Event facilities may include lodging accommodations.

Evergreen tree means a tree that has foliage and that remains green and functional year-round. Such tree shall measure a minimum of two (2) inches in caliper and six (6) feet in height at the time of planting.

Family or single-family means an individual or two (2) or more persons related by blood, marriage or adoption, or a group of not more than three (3) unrelated persons, occupying a single dwelling unit. For purposes of single-family residential occupancy, this term also shall be deemed to encompass the residents of group homes or other residential facilities, as defined in Code of Virginia § 15.2-2291 which are licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services or the Department of Social Services and which are occupied by not more than eight (8) mentally ill, mentally retarded, developmentally disabled, elderly or handicapped aged, infirm or disabled persons together with one (1) or more resident counselors. Mental illness and developmental disability does not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia § 54.1-3401.

Foster care and adult family care (home-based) means the provision by a family of room and board to persons (not exceeding three (3)) in number and which persons are not included within the meaning of "family" as defined herein) under a program of foster care or adult family care operated under the supervision of and pursuant to the regulations of the Virginia Department of Social Services.

Frontage means the continuous uninterrupted distance, including easements, along which a parcel abuts an adjacent road.

Garage, private means an accessory building designed or used for the storage of not more than three (3) automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of one and one-half (1½) times as many automobiles as there are dwelling units.

Garage, public means a building or portion of a building, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling or storing motor-driven vehicles.

General store means a single store, the ground floor area of which is four thousand (4,000) square feet or less and which offers for sale primarily most of the following articles: bread, milk, cheese, canned and bottled foods and drinks, tobacco products, candy, paper and magazines, and general hardware articles. Gasoline may also be offered for sale but only as a secondary activity of a country general store.

Golf course means any area of land, publicly or privately owned, on which the game of golf is played, including accessory uses and customary buildings, but excluding golf driving ranges.

Golf driving range means a limited area on which golf players do not walk but onto which they drive golf balls from a central driving tee.

Group home (sheltered care facility) means a dwelling unit shared by four (4) to twenty (20) unrelated handicapped persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide or facilitate care, education, and participation in community activities for the residents with the primary goal of enabling resident persons who are handicapped, mentally ill or retarded, developmentally or physically disabled, or who because of age or other physical infirmity, require the protection or assistance of a group setting, to live as independently as possible in order to reach their maximum potential. The minimum lot size for a group home shall be based on the number of residents (including resident staff) proposed to be housed in the facility, as set forth below:

As used herein, the term handicapped shall mean having:

(1)

A physical or mental impairment that substantially limits one (1) or more of a person's major life activities so that such person is incapable of living independently; or

(2)

A record of having such impairment;

(3)

Being regarded as having such impairment.

Guest house means a second detached dwelling unit on a parcel with an existing dwelling unit (principal residence) that:

(1)

Shall not be used as a principal residence or permanent dwelling unit;

(2)

Shall not be a manufactured home;

(3)

Shall not be used in exchange for any form of compensation;

(4)

Shall not be larger in gross floor area than seventy-five percent (75%) of the principal residence;

(5)

Shall be at least fifty (50) feet from any existing dwelling and must meet all applicable building setback requirements for a non-accessory structure.

Gun club means any public or private organization whose principal activity involves the discharge of firearms, including but not limited to rifle or pistol ranges, trap or skeet shooting facilities, sporting clay facilities, or similar facilities or uses.

Handicapped shall not, however, include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home" shall not include detention facilities operated under the standards of the Department of Juvenile Justice, nursing homes, alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration or where the residents are under the supervision of a court.

Historical area means an area indicated on the zoning map to which the provisions of this chapter apply for protection of a historical landmark.

Home occupation means an occupation carried on by the occupant of a dwelling as a secondary use in which there is no display, no noise, no odor, no change from the residential or agricultural character of the home, and no one is employed in the home other than the members of the family residing on the premises. Traffic impacts to adjacent residences should be consistent with adjacent uses and zoning.

Hospital means any facility licensed pursuant to this chapter in which the primary function is the provision of diagnosis, of treatment, and of medical and nursing services, surgical or nonsurgical, for two or more nonrelated individuals, including hospitals known by varying nomenclature or designation such as sanatoriums, sanitariums and general, acute, rehabilitation, chronic disease, short-term, long-term, outpatient surgical, and inpatient or outpatient maternity hospitals. Certain nursing homes and homes for the aged may be a home occupation if they comply with the definitions in this section.

State Law reference— Similar provisions, Code of Virginia § 32.1-123.

Hotel means a building designed or occupied as the more or less temporary abiding place for 14 or more individuals who are, for compensation, lodged, with or without meals, and in which provision is not generally made for cooking in individual rooms or suites.

Household pet means animals that are customarily kept for personal use or enjoyment within the home. Household pets shall include but not be limited to domestic dogs, domestic cats, domestic tropical birds, and rodents.

In home daycare means a daycare run as an accessory use to a single family residential home, subject to the conditions of state licensure, with access approved by VDOT, providing at least two parking spaces off of the street for customers, adequate lighting and fencing for safety and meeting the bulk requirements of the subject zoning district, without any bonus provision.

Inert waste means the establishment of a landfill to handle stumps, roots, limbs, brush, leaves, and inert waste which means solid waste which is physically, chemically and biologically stable from further degradation and considered to be non-reactive waste which includes rubble, concrete, broken bricks, rocks and road pavement. All of which can be deported without a liner providing it is five foot above the water table.

Junkyard means an establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard; and the term shall include garbage dumps and sanitary fills.

State Law reference— Similar provisions, Code of Virginia § 33.1-348.

Kennel, commercial means any structure or any land or any combination of either used, designed or arranged for the commercial grooming, boarding, breeding, training, selling or care of dogs, cats or other household pets that charges to or collects from animal owners a fee for overnight maintenance, care or boarding of animals or which is operated for any purpose other than that of a private kennel. For the purpose of this term, outdoor confinement shall mean any commercial kennel that utilizes any form of animal confinement and/or animal runs which are not completely enclosed in a structure that is properly ventilated and air conditioned. Facilities with a combination of indoor and outdoor confinement shall be deemed to have outdoor confinement.

Kennel, private means any structure or any land or any combination of either used, designed or arranged for grooming, boarding, breeding, training or care of dogs, cats or other household pets belonging to the owner of the property, kept principally for the purposes of show, hunting, or as household pets on the premises of the facility.

Kindergarten, private means a school which is primarily educational in nature, meets the needs of a child of five years and is operated at least five hours but not more than 6.5 hours per day.

Land sales office means a small structure or office used for displaying and selling lots from land which has been subdivided or partitioned in accordance with county regulations.

Livestock market means a commercial establishment wherein livestock is collected for sale and auctioned off.

Lot means a parcel of land, including a residue, described by metes and bounds or otherwise shown on a plat, and intended as a unit of real estate for the purposes of ownership, conveyance or development. For the purposes of this chapter, lot shall be interchangeable with "parcel", "tract" and "plot" or any similar term.

Lot, area means the total square footage included within the lot lines.

Lot, corner means a lot abutting on two or more streets at their intersection.

Lot, depth of means the average horizontal distance between the front and rear lot lines.

Lot, double-frontage means an interior lot having frontage on two streets.

Lot, flag means a residential building lot that utilizes unique physical features but does not have the required lot width at the normal setback line. Flag lot configurations are prohibited.

Lot, interior means any lot other than a corner lot.

Lot of record means a lot that exists as shown or described on a plat or deed in the records of the Clerk's Office of the Circuit Court of Cumberland County, Virginia.

Lot, reverse frontage means a double frontage lot which has its vehicular access point limited to the back of the lot, rather than having access on its front.

Lot, width of means the average horizontal distance between side lot lines.

Lot line, front means in the case of an interior lot, the line separating said lot from the road. In the case of a corner or double frontage lot, the line separating said lot from that road which is designated as the front road.

Lot line, rear means the lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line not less than ten feet long and wholly within the lot.

Lot line, side means any lot boundary not a front or rear lot line.

Manufacture and/or manufacturing means the processing and/or converting of raw, unfinished materials, products, or either of them into articles or substances of different character, or for use for a different purpose.

Manufactured home means a structure subject to federal regulation, which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning and electrical systems contained in the structure.

Manufactured home park means any area designed to accommodate two or more manufactured homes or mobile homes intended for residential purposes.

Modular and prefabricated housing unit means an industrialized building assembly consisting of two (2) or more standardized subassemblies, including the necessary electrical, plumbing, heating, ventilating and other service systems which are built to the Virginia Uniform Statewide Building Code standards, manufactured off-site and transported to the point of use for installation or erection, to a permanent foundation, as a finished building and not designed for removal to or installation, erection or assembly on another site.

Multiple part parcel means a parcel of land that is in multiple parts or portions, that may or may not be contiguous with one another.

Nonbuildable lot means a lot intended for the following uses: Wells, septic systems (including conventional drain fields), stormwater management facilities, open space, noncommercial family cemeteries, but which is not used for residential purposes and does not meet one (1) or more of the dimensional requirements of this chapter.

Nonconforming activity means the otherwise legal use of a building or structure that does not conform to the use regulations of this chapter for the district in which it is located either at the effective date of the ordinance from which this chapter derives or as a result of subsequent amendments to such ordinance or this chapter.

Nonconforming lot means an otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located either at the effective date of the ordinance from which this chapter derives or as a result of subsequent amendments to such ordinance or this chapter.

Nonconforming structure means an otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage, or other area regulations of this chapter, or is designed or intended for a use that does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of the ordinance from which this chapter derives or as a result of subsequent amendments to such ordinance or this chapter.

Nursing home, convalescent home and rest home means an establishment used as a dwelling place by the aged, infirm, chronically ill, or incurably afflicted persons, in which not less than four (4) persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment or care of the sick or injured.

Off-street parking area means space provided for vehicular parking outside the dedicated street right-of-way.

One-room school house means an accessory structure used as a school house for members of the immediate community, situated on a parcel of at least twenty (20) acres, with no more than a total of thirty (30) students and no larger than one thousand five hundred (1,500) square feet in size. The school house must meet the same setbacks as the principal structure, have a VDOT approved entrance, have an average of no more than ten (10) vehicle trips per day, meet health department requirements for the provision of water and wastewater, only operate during daylight hours, and allow no provision for overnight accommodation.

Open space means that area within the boundaries of a lot that is intended to provide light and air, and is designed for either scenic or recreational purposes. Open space shall, in general, be available for entry and use by the residents or occupants of the development, but may include a limited proportion of space so located and treated as to enhance the amenity of the development by providing landscaping features, screening for the benefit of the occupants or those in neighboring areas, or a general appearance of openness. Open space may include, but need not be limited to lawns, decorative planting, walkways, active and passive recreation areas, children's playgrounds, fountains, swimming pools, undisturbed natural areas, agriculture, wooded areas, water bodies; and provided further, however, that the area within wetlands, floodplains and slopes greater than fifteen percent (15%) shall not comprise more than fifty percent (50%) of the total required open space. Open space shall not include driveways, parking lots, or other vehicular surfaces, any area occupied by a building, nor areas so located or so small as to have no substantial value for the purposes stated in this definition. Within a residential subdivision, open space shall be composed of only those areas not contained in individually owned lots.

Pen means a small enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals; a coop, enclosed pasture or range with an area in excess of one hundred (100) square feet for each hog or two hundred (200) square feet for each larger animal shall not be regarded as a pen.

Place of public assembly means uses and structures that include but are not limited to: (a) any area used for public entertainment; (b) any area used for public assembly for social, religious or recreational purposes; and (c) any school or area used for community or public purposes.

Poultry means fowl normally raised on a farm such as chickens, ducks, geese and turkeys.

Private landing area means an area for landing aircraft which has been constructed by a person for private use and which is not open to the general public.

Processing and assemblage of wood products means processing (excluding chemical treatment) and assemblage of wood products, including but not limited to assembling structural components for sheds, specialty buildings, etc., and/or processing wood and/or by-products such as mulch, pellets, chips, firewood, sawdust, etc.

Professional office means any room, studio, clinic, suite or building wherein the primary use is the conduct of a business by professionals, including but not limited to architects, land surveyors, artists, musicians, lawyers, accountants, real estate brokers, insurance agents, dentists or physicians, planners, landscape architects, computer programmers, and other related fields. Veterinarian offices and animal hospitals are excluded from this definition.

Public health clinic means a building or complex in which physicians or dentists, or both, and nurses offer diagnosis and treatment to the sick and injured. A clinic shall not include inpatient care.

Public water and sewer means a water or sewer system owned and operated by the County or an authority or owned and operated by a private individual or a corporation approved by the Board of Supervisors and properly licensed by the state Corporation Commission, and subject to special regulations as set forth in this chapter.

Recreational facility means facilities designed for people to engage in self-directed or organized activities including, but not limited to, multipurpose fields and court games, playgrounds, shelters, trails and similar facilities and uses.

Recreational vehicle means a vehicle, regardless of size, which is not designed to be used as a permanent dwelling, and in which the plumbing, heating and electrical systems contained in the vehicle may be operated without connection to outside utilities, which are self-propelled or towed by a light-duty vehicle. Recreational vehicles are not to be inhabited as permanent residences but may be established for temporary occupations, within designated recreational vehicle parks that comply with all County codes and ordinances.

Recreational vehicle park also known as an RV park or RV campground means a camping and overnight area for two (2) or more recreational vehicles, pick-up coaches, motor homes, camping trailers, other vehicular accommodations and tents, suitable for temporary habitation operated as a business or for a fee. A recreational vehicle park shall be served by water and sewer systems approved by the Cumberland County Health Department. A recreational vehicle park shall not be construed to mean a mobile home park or be used for permanent residence. Continuous occupancy by the same person for more than six (6) months in any twelve-month period shall be prohibited, except that one (1) permanent residence may be permitted for the park owner or manager. All recreational vehicles are required to maintain current licenses, inspections, and registrations. Additionally, the vehicles must have wheels, tires, tongue and no permanent underpinning. Recreational vehicles shall comply with the setback requirements of the zoning ordinance.

Required open space means any space required in any front, side or rear yard.

Restaurant means any building in which, for compensation, food or beverages are dispensed for consumption on the premises, including, among other establishments, cafes, tearooms, confectionery shops and refreshment stands.

Restaurant, drive-in means an establishment from which, for compensation, food or beverages are dispensed for consumption within automobiles or on informal facilities on the premises.

Retail stores and shops means buildings for display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood and lumber yards), such as the following, which will serve as illustrations: Drugstore, newsstand, food store, candy shop, milk dispensary, dry goods and notions store, antique shop, gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barbershop and beauty shop.

Riding and boarding stable means any structure or any land or any combination of either use, designed or arranged for the maintenance and boarding of horses, mules, ponies or donkeys for hire either with or without instructions or a riding area but exclusive of horses or mules used for agricultural purposes.

Road means highway, street, avenue, boulevard, road, lane, alley, or any other thoroughfare for vehicular traffic.

Sales lot means any land used or occupied for the purpose of buying and selling new or secondhand passenger cars or trucks, motor scooters, motorcycles, boats, travel trailers, motor homes, mobile homes, campers, aircraft or monuments and for their storage prior to sale.

Sawmill, portable means a portable sawmill located on private property for the processing of timber cut only from that property or from immediately contiguous and adjacent property.

Service business means a contractor firm such as a painter, carpenter, plumber or electrician that requires only an office and/or storage for materials and equipment, generally not accessible by the public and with less than three (3) staff or employees on-site at any time. Service businesses also include professional offices that require infrequent access by the public. Such professional offices may have no more than three (3) total on-site staff with customary hours of operation beginning no earlier than 7:00 a.m. and ending no later than 9:00 p.m., Monday through Saturday.

Setback means the minimum distance by which any building or structure must be separated from the front, side or rear lot lines, or from the centerline of any road right-of-way on any designated primary highway or from the centerline of any secondary road right-of-way or street right-of-way for any private road.

(1)

For the purposes of this definition, "primary highway" shall mean U.S. Route 60, Route 45 and Route 13, and any other public streets and roads shall be deemed to be "secondary road rights-of-way."

(2)

For the purposes of this definition, "centerline" shall mean the midpoint of the paved or graveled portion of any road in the County.

Short-term rental complex means a camping and overnight area for use as temporary habitation operated as a business or for a fee.

Short-term rental dwelling means the provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than thirty (30) consecutive days, in exchange for a charge for the occupancy.

Short-term rental dwelling operator means the proprietor of any dwelling, lodging, or sleeping accommodations offered as a short-term rental, whether in the capacity of owner, lessee, sublessee, or any other possessory capacity.

Sign structure means the supports, uprights, bracing and framework of any structure, be it single-faced, double-faced, V-type, or otherwise exhibiting a sign.

Special event means an event or gathering (i) having more than seventy-five (75), but no more than one hundred fifty (150) people, reasonably expected to be in attendance at any one (1) point in time; (ii) is established for a limited duration in one (1) day; and (iii) is held outside a building or held in a temporary or portable structure on open land or space, not associated with a commercial building or established facility, on private or public property or public right-of-way on a temporary basis. Use of public property or right-of-way requires applicable governmental approvals. Special events are limited to four (4) times a year or less. Special events sponsored by non-profit organizations are not limited to the number of events each year. Special events can include, but are not limited to, weddings, parties, receptions or catered events. An event that would otherwise qualify as a special event but has fewer than seventy-five (75) people in attendance can be held without limitation.

Where more than one hundred fifty (150) people are reasonably expected to attend, a festival permit is required. See Cumberland County Code, chapter 6, article II, for festival permit requirements.

Special exception means a use that would not be appropriate generally or without restrictions throughout the zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning division or district as special exceptions if specific provisions for such special exceptions are made in this chapter. For the purpose of this chapter, the terms "special exception,""use by special exception" and "conditional use" shall be deemed to be synonymous.

Special recreational event means either:

(1)

A special event held more than four (4) times a year and not sponsored by a non-profit organization; or

(2)

An event or gathering at which (a) more than one hundred fifty (150) people are reasonably expected to be in attendance at any one (1) point in time; (b) the event or similar event is held two (2) or more times a year; and (c) each event or similar event is held over two (2) or more consecutive days. Special recreational events are held outside a building or held in a temporary or portable structure on open land or space, not associated with a commercial building or established facility, on private or public property. Use of public property requires applicable governmental approvals. Special recreational events can include, but are not limited to, concerts, musical festivals, stage or theatrical shows, fairs, carnivals, exhibitions, sports events, automobile or animal races or competitions and off-road vehicle events.

Where more than one hundred fifty (150) people are reasonably expected to attend but an event does not have the intensive use of a special recreational event, a festival permit is required. See Cumberland County Code, chapter 6, article II, for festival permit requirements.

Storage container is any factory-built container or part thereof, designed for freight or storage and may include, but is not limited to, Conex boxes and sea-land containers. Such containers which are typically originally designed for transport, but when intended to be used for storage in a fixed location.

Store means the same as "retail stores and shops."

Story means that portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it; if there is no floor above it, the space between the floor and the ceiling next above it.

Story, half means a space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (⅔) of the floor area is finished off for use.

Street and road means a public thoroughfare which affords principal means of access to abutting property.

Street line means the dividing line between a street or road right-of-way and contiguous property.

Structure means anything constructed or erected the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. This definition includes, among other things, dwellings, buildings, signs, etc.

Subdivision means the division of a parcel of land into three (3) or more lots or parcels of less than five (5) acres each for the purpose of transfer of ownership of building development, or if a new street is involved in such division, any division of a parcel of land.

Transitional home means a dwelling unit, other than a group home, shared by four (4) to twenty (20) unrelated persons, including resident staff, who live together temporarily as a single housekeeping unit, and in which staff persons provide or facilitate care, education, counseling and participation in community activities for the resident clients. The minimum lot size for a transitional home shall be based on the number of residents (including resident staff) proposed to be housed in the facility, as set forth below:

The following and similar types of occupancy shall be considered to be transitional housing:

a)

Temporary quarters for victims of physical or emotional abuse.

b)

Temporary or emergency quarters for children or adults needing room and board and support services that would lead to self-sufficiency and permanent shelter.

The term transitional home shall not include detention facilities operated under the standards of the Department of Juvenile Justice, nursing homes, alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration or where the residents are under the supervision of a court.

Travel trailer means a mobile unit less than twenty-nine (29) feet in length and less than four thousand five hundred (4,500) pounds in weight which is designed for human habitation.

Understory tree means a tree that shall measure a minimum of two (2) inches in caliper and six (6) feet in height at the time of planting.

Use, accessory means a subordinate use, customarily incidental to and located upon the same lot occupied by the main use.

Variance means, in the application of this chapter, a reasonable deviation from those provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure when the strict application of this chapter would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the intended spirit and purpose of this chapter and would result in substantial justice being done. It shall not include a change in use which change shall be accomplished by a rezoning or by a conditional zoning.

State Law reference— Similar provisions, Code of Virginia § 15.2-2201.

Veterinary hospital means a place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use. For the purpose of this term, outdoor confinement shall mean any veterinary hospital that utilizes any form of animal confinement and/or animal runs which are not completely enclosed in a structure that is properly ventilated and air conditioned. Facilities with a combination of indoor and outdoor confinement shall be deemed to have outdoor confinement. For animals boarded not incidental to hospital care see the term kennel. Veterinary clinic, veterinary office and animal hospital mean the same as veterinary hospital.

Wayside stand, roadside stand, wayside market means any structure or land used for the sale of agricultural or horticultural produce, livestock or merchandise produced by the owner or his family on their farm.

Wireless telecommunications facility means all infrastructure and equipment including, but not limited to, antenna support structures, antennas, transmission cables, equipment shelters, equipment cabinets, utility pedestals, ground systems, fencing, signage and other ancillary equipment associated with the transmission or reception of wireless communications.

Wood products means the same as "processing and assemblage of wood products."

Yard means an open, unoccupied space that lies between the principal building or building and the nearest lot line on a lot unobstructed from the ground upward, except as otherwise provided by this chapter.

Yard, front means an open, unoccupied space that extends the full width of the lot between any building and the front lot line and measured perpendicular to the building and the closest point to the front lot line.

Yard, rear means an open, unoccupied space that extends across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.

Yard, side means an open, unoccupied space that extends from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 11-08, 2-14-2012; Ord. No. 11-07, 7-10-2012; Ord. No. 14-05, 10-14-2014; Ord. No. 14-06, 11-18-2014; Ord. No. 15-01, 3-10-2015; Ord. No. 15-07, 5-12-2015; Ord. No. 15-08B, 10-13-2015; Ord. No. 16-05, 4-12-2016; Ord. No. 16-08, 10-11-2016; Ord. No. 16-10, 3-14-2017; Ord. No. 16-11, 4-11-2017; Ord. No. 18-05, 11-13-2018; Ord. No. 19-09, 12-10-2019; Ord. No. 20-05, 10-13-2020; Ord. No. 21-02, 3-9-2021 Ord. No. 21-05, 5-11-2021; Ord. No. 21-11, 2-8-2022; Ord. No. 21-12, 2-8-2022; Ord. No. 22-06, 8-9-2022; Ord. No. 22-03, 9-12-2023; Ord. No. 23-02, 9-12-2023)

Cross reference— Definitions generally, § 1-2.

(a)

In order to carry out the purposes of this chapter and to allow for a variety of uses in different districts which are appropriate to the character of the individual district, the unincorporated areas of the County shall be divided into the following general zoning districts, the boundaries of which shall be shown on the official zoning map on file in the office of the County Planning Department:

Agricultural, intensive (A-1) district.

Agricultural, general (A-2) district.

Recreational area access (RA-1) district.

Residential, general (R-1) district Residential, general (R-2) district.

Residential, rural (R-3) district Multiple-family housing R-2M.

Residential, manufactured housing, subdivision R-MH.

Business B-1.

Business limited B-2.

Business limited B-3.

Industrial M-1.

Industrial M-2.

(b)

Land within the County may also be classified as one (1) or more of the "overlay districts" set forth in articles XXI and XXII of this chapter. Where the property is classified in an overlay district, the regulations governing development in the overlay district shall apply in addition to the regulations governing development in the underlying general district. In the event of an express conflict between the standards set forth in this article and the standards set forth in articles XXI and XXII for overlay districts which may apply, the respective overlay article shall apply.

(Ord. No. 11-05, § c, 7-12-2011)

Modular housing units are allowed in any zoning district that permits conventional dwellings. When replacing manufactured homes or modular housing units, no dual occupancy is permitted. Additionally, the unit being replaced shall be removed from the parcel no later than sixty (60) days after the replacement manufactured home or modular housing unit is placed on the parcel. The Zoning Administrator shall either require a removal bond for the original unit (in the amount determined by the Zoning Administrator) or no permanent certificate of occupancy will be issued for the replacement unit until the original unit is removed.

(Ord. No. 14-05, 10-14-2014)

Editor's note— Ord. No. 14-05, adopted Oct. 14, 2014, repealed the former § 74-4, and enacted a new section as set out herein. The former § 74-4 pertained to modular or prefabricated housing units and derived from Ord. No. 11-05, § c, adopted July 12, 2011.

(a)

Buildings or structures shall be started, reconstructed, enlarged or altered only after a zoning permit has been obtained from the Administrator.

(b)

All zoning permits issued shall be valid for a period of two (2) years, or until such time as the structure, use or activity for which the permit was issued has commenced, whichever comes first. The Administrator may reissue any expired permit provided that the structure, use or activity complies with all applicable provisions of the ordinance at the time of reissuance.

(c)

The Commission may request a review of the zoning permit approved by the Administrator in order to determine if the contemplated use is in accordance with the district in which the construction lies.

(d)

Each application for a zoning permit shall be accompanied by one (1) copy of a scale drawing. The drawing shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land, and the location of such building or use with respect to the property lines of the parcel of land and to the right-of-way of any street or highway adjoining the parcel of land. Any other information which the Administrator may deem necessary for consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the Administrator. One (1) copy of the drawing shall be returned to the applicant with the permit.

(e)

All zoning permit applications shall include a certification from the Zoning Administrator whether the proposed structure is within, or encroaches into, a dam break inundation zone (DBIZ), as noted on the adopted zoning map for Cumberland County. Applicants shall be notified at time of permit issuance if the structure is located, in whole or in part, in a DBIZ; however, no structure shall be prohibited as a result of being located in a DBIZ. Any permit for a structure located in whole or in part within a DBIZ shall be forwarded to Peter Francisco Soil and Water Conservation District for emergency planning purposes.

(f)

Where a zoning permit is for expansion (over fifty percent (50%) of building area) or redevelopment (tear down and rebuilding) of a commercial use, the scale drawing shall show a transition between the commercial use and any adjacent residential properties. This transition may be achieved through the retention of established vegetation in the setback of at least twenty (20) feet, the planting of a double staggered row of evergreen trees (ten (10) feet on center and a minimum planting height of five (5) feet), or a six-foot board privacy fence with one (1) row of evergreens (ten (10) feet on center and a minimum planting height of three (3) feet) on the side of the fence adjacent to the residential use. A property owner may apply for a waiver to this requirement, pursuant to section 74-14.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 15-09, 1-12-2016; Ord. No. 16-01, 2-9-2016; Ord. No. 21-13, 2-8-2022)

Land may be used or occupied and buildings structurally altered or erected may be used or changed in use only after a certificate of occupancy has been issued by the Administrator. Such a permit shall state that the building or the proposed use or the use of the land complies with the provisions of this chapter. A similar certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a nonconforming use. A certificate of occupancy either for the whole or a part of a building shall be applied for simultaneously with the application for a zoning permit. The permit shall be issued within ten (10) days after the erection or structural alteration of such building or part has conformed to the provisions of this chapter.

(Ord. No. 11-05, § c, 7-12-2011)

(a)

If in any district established under this chapter a use is not specifically permitted and an application is made by a property owner to the Administrator for such use, the Administrator shall refer the application to the Planning Commission, which shall make its recommendations to the Board of Supervisors within ninety (90) days. If the recommendation of the Planning Commission is approved by the Board of Supervisors, this chapter shall be amended to list the use as a permitted use in that district, henceforth. Both the Planning Commission and the Board of Supervisors shall hold a public hearing after advertising in accordance with Code of Virginia § 15.2-2204. The prescribed fee shall be as set forth in section 2-3 of this Code.

(b)

The applicant for a change of zoning to add a use not specifically permitted, to rezone a specific area of land, or a variance shall file a written application with the Zoning Administrator accompanied by the prescribed fee as set forth in section 2-3 of this Code. The application shall be accompanied by such plans or data described by the Zoning Administrator as being necessary to review the request.

(c)

An applicant shall not reapply for a change of zoning, to add a use not specifically permitted, to rezone a specific area of land, or a variance until at least one (1) year has elapsed since a determination was made concerning a previous application for substantially the same piece of property. Withdrawal of the application by the applicant after advertising for public hearing shall constitute a determination. The prescribed fee shall be as set forth in section 2-3 of this Code.

(Ord. No. 11-05, § c, 7-12-2011)

Whenever there shall be plans in existence, approved by either the state Department of Transportation or by the Board of Supervisors for the widening of any street or highway, the Commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.

(Ord. No. 11-05, § c, 7-12-2011)

(a)

There shall be provided at the time of erection of any public or commercial building or at the time any public or commercial building is enlarged, minimum off-street parking space with adequate provision for entrance and exit by standard sized automobiles, as follows:

(1)

In all residential districts, there shall be provided either in a private garage or on the lot, space for parking of one (1) automobile for each dwelling unit in a new building or each dwelling unit added in the case of the enlargement of an existing building.

(2)

Tourist homes and motels shall provide on the lot parking space for one (1) automobile for each accommodation.

(3)

For church, high school, college and university auditoriums, and for theaters, general auditoriums, stadiums and other similar places of assembly, at least one (1) parking space for every five (5) fixed seats provided in the building.

(4)

For hospitals, at least one (1) parking space for each two (2) beds' capacity, including infants' cribs and children's beds.

(5)

For medical and dental clinics, at least ten (10) parking spaces. Three (3) additional parking spaces shall be furnished for each doctor or dentist having offices in such clinic in excess of three (3) doctors or dentists.

(6)

For tourist courts, apartments and apartment motels, at least one (2) parking space for each individual sleeping or living unit. For hotels and apartment motels at least one (1) parking space for each two (2) sleeping rooms, up to and including the first twenty (20) sleeping rooms, and one (1) parking space for each three (3) sleeping rooms over twenty (20).

(7)

For mortuaries and liquor stores, at least thirty (30) parking spaces.

(8)

For restaurant, food and retail stores selling direct to the public, one (1) parking space for each two hundred fifty (250) square feet of retail floor space in the building.

(b)

Any other commercial building not listed in subsection (a) of this section erected, converted or structurally altered after the effective date of the ordinance from which this section derives shall provide one (1) parking space for each one hundred (100) square feet of business floor space in the building.

(c)

Parking space as required in subsections (a) and (b) of this section shall be on the same lot with the main building; except that in the case of buildings other than dwellings, space may be located as far away as six hundred (600) feet. Every parcel of land used as a public parking area after the effective date of the ordinance from which this section derives shall be surfaced with asphalt or concrete. It shall have appropriate guards where needed as determined by the administrator. Any lights used to illuminate such parking areas shall be so arranged as to reflect the light away from adjacent parcels.

(Ord. No. 11-05, § c, 7-12-2011)

(a)

Special temporary use permits may be issued by the Board of Supervisors, permitting a use or structure otherwise not permitted in the particular zone, subject to the following conditions:

(1)

That a request for such special temporary use permit be submitted in writing by the owner or agent seeking such permit, setting forth the nature of the use sought, the provisions of this chapter which prohibit or limit the use requested, the reason such special temporary use is needed, and the length of time for which such permit is requested.

(2)

That such permit is for a mobile home, office, recreational vehicle, camper or other temporary structure which can be completely removed from the premises at the expiration of the special temporary use permit.

(3)

That such special temporary use is related to the creation or preservation of a permitted use including, but not limited to, the following:

a.

Housing for construction workers;

b.

Housing for a family during construction or renovation of a single-family dwelling on their property;

c.

Storage or office facilities during construction or renovation of business facilities; and

d.

Other similar relationships.

(4)

That no such special temporary use permit shall be issued at any one (1) time for more than twelve (12) months' duration. Such a permit may be renewed annually by the Zoning Administrator upon request of the property owner or agent. The Zoning Administrator may refer the renewal request to the Board of Supervisors. The renewal request may also be referred to the Board at their own request.

(b)

The Board of Supervisors, in granting such special temporary use permit, may require the owner or agent requesting the permit to post a bond to ensure the complete removal of such temporary structure from the premises and the site left in good order upon expiration of the permit.

(c)

The Board of Supervisors, in granting such special temporary use permit, may impose such other reasonable conditions upon the applicant as will promote the public interest and the stated purposes of this chapter respecting such premises.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 11-07, 7-10-2012)

(a)

No permit shall be issued for the use of lands in the County as a temporary or permanent storage or deposit area for radioactive material which emits ionizing radiation spontaneously, nor for any toxic or hazardous substance having the capacity, through its physical, chemical or biological properties to pose a substantial risk of death or impairment, either immediately, or over time, to the normal functions of humans, animals or plants. Any person storing or depositing any such material or substance without a permit shall be deemed in violation of this chapter, both criminal and civil.

(b)

Any person aggrieved by any violation of subsection (a) of this section shall have the right to bring an action to obtain an injunction in the Circuit Court of the County, prohibiting such storage or deposit of such material or substance, in addition to any other remedies which may be available.

(Ord. No. 11-05, § c, 7-12-2011)

The regulations, restrictions and boundaries established in this chapter may, from time to time, be amended, supplemented, changed, modified or repealed by the Board of Supervisors, as follows:

(1)

The Planning Commission may, and at the direction of the Board of Supervisors shall, prepare proposed zoning ordinance amendments, including amendments to the map or maps showing the division of the territory into districts and the text setting forth the regulation applying in each district. The Commission shall hold at least one (1) public hearing on a proposed ordinance or any amendment of an ordinance, after notice as required by Code of Virginia § 15.2-2204, and may make appropriate changes in the proposed ordinance or amendment as a result of the hearing. Upon the completion of its work, the Commission shall present the proposed ordinance or amendment including the district maps to the Board of Supervisors together with its recommendations and appropriate explanatory materials.

(2)

Except for amendments initiated by the Planning Commission as provided in paragraph (1) of this section, this zoning ordinance shall not be amended or reenacted unless the Board of Supervisors has referred the proposed amendment or reenactment to the Planning Commission for its recommendations. Failure of the Commission to report one hundred (100) days after the first meeting of the Commission after the proposed amendment or reenactment has been referred to the Commission, or such shorter period as may be prescribed by the Board of Supervisors, shall be deemed approval, unless the proposed amendment or reenactment has been withdrawn by the applicant prior to the expiration of the time period. In the event of and upon such withdrawal, processing of the proposed amendment or reenactment shall cease without further action.

(3)

Before approving and adopting any amendment to this zoning ordinance, the Board of Supervisors shall hold at least one (1) public hearing thereon, pursuant to public notice as required by Code of Virginia § 15.2-2204, after which the Board of Supervisors may make appropriate changes or corrections in the ordinance or proposed amendment. In the case of a proposed amendment to the zoning map, the public notice shall state the general usage and density range, if any, set forth in the applicable part of the Comprehensive Plan. However, no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice required by Code of Virginia § 15.2-2204.

(4)

Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the Board of Supervisors may by ordinance amend, supplement, or change the regulation, district boundaries, or classification of property. Any such amendment may be initiated (i) by resolution of the Board; or (ii) by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent therefore, of the property which is the subject of the proposed zoning map amendment, addressed to the Board of Supervisors or the Planning Commission, who shall forward such petition to the Board of Supervisors. Any such resolution or motion by the Board of Supervisors or Planning Commission proposing the rezoning shall state the public necessity, convenience, general welfare, or good zoning practice which requires the zoning.

(5)

All motions, resolutions or petitions for amendment to the zoning ordinance, and/or map shall be acted upon and a decision made within such reasonable time as may be necessary which shall not exceed twelve (12) months unless the applicant withdraws his motion, resolution or petition for amendment to the zoning ordinance or map, or both. In the event of and upon such withdrawal, processing of the motion, resolution or petition shall cease without further action.

(Ord. No. 11-05, § c, 7-12-2011)

State Law reference— Similar provisions, Code of Virginia § 15.2-2285.

(a)

All departments, officials and public employees of this County which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter. They shall issue permits for uses, buildings or purposes only when they are in harmony with the provisions of this chapter; and any permit or license issued in violation of this section shall be null and void.

(b)

Except as otherwise provided in this chapter, any person, whether as principal, agent or otherwise, violating, causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction may be fined not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,500.00).

However, any conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall be punishable by a fine of up to two thousand dollars ($2,000.00). Failure to abate the violation within the specified time period shall be punishable by a fine of up to five thousand dollars ($5,000.00), and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of up to seven thousand five hundred dollars ($7,500.00). However, no such fine shall accrue against an owner or managing agent of a single-family residential dwelling unit during the pendency of any legal action commenced by such owner or managing agent of such dwelling unit against a tenant to eliminate an overcrowding condition in accordance with Chapter 13 or Chapter 13.2 of Title 55 of the Code of Virginia, as applicable. A conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall not be punishable by a jail term.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 16-04, 3-9-2016)

State Law reference— Penalty for violations, Code of Virginia § 15.2-2286(A)(5).

(a)

Except for requirements which must be modified through rezoning, conditional use, or the granting of a variance, the Planning Commission may, upon the submission of an application by the landowner, grant modifications, with or without conditions, to requirements specified in this chapter. The Planning Commission shall fix a reasonable time for the hearing of an application under this section and decide the same within sixty (60) days after its first hearing on the matter, unless the applicant requests or consents to action beyond such time or unless the applicant withdraws the request.

(b)

No modification to a development standard or requirement shall be authorized by the Planning Commission unless it considers and determines substantial compliance with all of the following factors:

(1)

By reason of the exceptional narrowness, shallowness, size or shape of the specific piece of property or nearby properties or by reason of exceptional topographic conditions or other exceptional situation or condition relating to such properties, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the use of the property.

(2)

The granting of the modification will alleviate a clearly demonstrable hardship as distinguished from a special privilege or convenience, and the hardship is not shared generally by other properties in the same zoning district and the same vicinity.

(3)

The modification will not be injurious to the use and enjoyment of adjacent property owners; will not diminish or impair property values within the neighborhood; will not change the character of the district; and will not be detrimental to or endanger the public health, safety or general welfare.

(4)

The condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter.

(5)

The granting of such modification will allow the project to comply with the Comprehensive Plan.

(6)

The granting of the modification will not constitute the granting of a variance, special exception, conditional use or a rezoning.

(7)

Ordinary financial considerations are not the principal reason for the requested modification.

(8)

The requested modification does not amend a property-specific condition imposed by the Board of Supervisors or the Board of Zoning Appeals, unless such condition specifically grants such modification authority to the Planning Commission.

(9)

The applicant did not create the condition or situation generating the need for the modification and the applicant has exhausted all other practicable solutions to the problem, including, but not limited to, the acquisition of additional property, the elimination or redesign of structures, or the reduction of development density.

(10)

The modification shall constitute the minimum necessary modification to the appropriate development standard or requirement to resolve the hardship. The Planning Commission shall not grant a permanent modification to a standard or requirement if a temporary modification will suffice.

(c)

If the applicant disagrees with the Planning Commission's final decision, he may file a written appeal with the Circuit Court within sixty (60) days of that decision. In addition, adjacent property owners may appeal the Planning Commission's final decision by filing a written appeal with the Circuit Court within sixty (60) days of that decision. Notwithstanding the foregoing, adjacent property owner appeals shall be limited to conditions which directly affect those property owners and include one (1) or more of the following: access, utility locations, buffers, conditions of zoning, architectural treatment or land use transitions. The court shall fix a reasonable time for hearing the appeal. During the appeal, the Director of Planning shall not approve any applicable site plan, building permit or plat for any construction that would or could be affected by the appeal.

(Ord. No. 14-08, 2-10-2015)

One (1) additional single-family dwelling may be permitted on the same lot or parcel of land as that of the main dwelling, provided that the parcel meets the bulk area requirements and setbacks for the zoning district with a second dwelling, all local and state regulations are met, and provision for access is made. One additional unit per twenty-five (25) acres of land is allowed for bona fide farm workers residing on the property, provided that all above conditions are met.

(Ord. No. 15-05, 6-9-2015)

(a)

Short-term rental dwellings shall be subject to the following standards:

(1)

Registration. Before advertising or operating this use, the operator must register annually with the County's Planning and Zoning Department, and must provide at least the operator's name, address, and phone numbers of property owner(s) and any designee(s), and the addresses of any properties being registered. The registration must be updated annually before January 1. There is no registration fee. Operator must also obtain a valid business license from the Commissioner of the Revenue.

(2)

Exemptions from registration. Registration is not required if the operator is exempted from registration under Code of Virginia § 15.2-983(B)(2).

(3)

Maximum occupancy. Occupancy is limited to the maximum number of residents allowed by the wastewater system permit.

(4)

Fire safety inspection. A fire safety inspection is required annually and before initial use. This inspection includes the following but, is not limited to, checking smoke detectors, carbon monoxide alarms for proper function, ensuring readily accessible fire extinguisher is available; ensuring all egress paths are open and proper emergency escape and rescue opening per the Virginia Residential Code and the Virginia Safety and Fire Prevention Code.

(5)

If food is prepared onsite by the owner, operator or his designee, for consumption by guests or any transient occupants, all federal, state and local regulations regarding food service must be met.

(6)

Quiet hours. No outdoor music, amplified or acoustic, between the hours of 11:00 p.m. and 7:00 a.m.

(b)

Penalties.

(1)

Nonregistration penalty. Any operator required to register who offers for short-term rental of a property that is not registered with the County is subject to a penalty of five hundred dollars ($500.00) per violation. The penalty will be assessed after seven (7) business days from when the apparent violation was discovered. Unless and until an operator pays the penalty and registers the property, the operator may not continue to offer the property as a short-term rental dwelling.

(2)

Multiple violations. Each ten-day period that an unregistered property is offered as a short-term rental dwelling constitutes a separate violation. Violations for a particular short-term rental dwelling shall not exceed five thousand dollars ($5,000.00). An operator required to register shall be prohibited from offering a specific property as a short-term rental dwelling upon more than three (3) violations of applicable state laws or any County ordinances or regulations, as they relate to the short-term rental dwelling.

(c)

This section shall be effective as of January 1, 2024 and applies to all existing and future businesses.

(Ord. No. 22-03, 9-12-2023)