The primary purpose of the M-1 district is to permit certain industries, which do not in any way detract from residential desirability, to locate in any area adjacent to residential uses. The limitations on or provisions relating to height of building, horsepower, hearing, flammable liquids or explosives, controlling emission of fumes, odors and/or noise, landscaping, and the number of persons employed are imposed to protect and foster adjacent residential desirability while permitting industries to locate near a labor supply.

(Code 1990, § 14-46)

In industrial district M-1, any structure to be erected or land to be used shall be for one (1) or more of the following uses:

(1)

Accessory structures, excluding storage containers unless screened or shielded from view from any road or adjoining property.

(2)

Assembly of electrical appliances, heating and air conditioning units, electronic instruments and devices, radios and stereos, televisions and related components.

(3)

Manufacture of small parts, such as coils, condensers and transformers.

(4)

Vehicle painting, upholstering, repairing, rebuilding and reconditioning.

(5)

Truck terminals, truck repairing or overhauling, tire retreading or recapping.

(6)

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

(7)

Dental laboratories.

(8)

Manufacture, compounding, processing, packaging of cosmetics and toiletries.

(9)

Manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paint, paper, plastic, precious or semiprecious metals or stones, shell, straw, textiles, tobacco, wood and yarn.

(10)

Manufacture or assembly of musical instruments.

(11)

Manufacture or assembly of toys, novelties and rubber and metal stamps.

(12)

Wood receiving and transporting yards.

(13)

Contractors' equipment storage yard or plants, or rental of equipment commonly used by contractors.

(14)

Manufacture and assembly of boats.

(15)

Monumental stone works.

(16)

Wholesale businesses and storage warehouses.

(17)

Junkyard (screened).

(18)

Temporary mobile homes or travel trailers.

(19)

Off-street parking.

(20)

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

(21)

Conservation areas.

(22)

Office buildings for usage by industrial concerns.

(23)

Self-storage facilities.

(24)

Truck terminals; providing the parking and loading areas are screened.

(25)

Vocational and trade schools.

(26)

Building materials, hardware, garden supply, nurseries, miscellaneous repair services.

(27)

Retail sales of products produced on-site, with a limit of two thousand (2,000) square feet. Larger than two thousand (2,000) square feet requires the issuance of a conditional use permit.

(28)

Contractor's yard/covered outside storage only.

(29)

Distribution center or warehousing providing a single building footprint that does not exceed seventy-five thousand (75,000) square feet in size.

(30)

Temporary or portable manufacture processing and distribution of hot mix asphalt (a.k.a. bituminous concrete or asphalt concrete) including storage of raw materials on-site and provided further that such facilities shall be located within two (2) miles of a major road (Route 45, Route 60 and Route 13).

(31)

Public works and utility buildings.

(32)

Kennels, commercial (no outdoor confinement).

(33)

Veterinary hospital (no outdoor confinement).

(Code 1990, § 14-47; Ord. of 5-11-1994; Ord. of 5-14-1997; Ord. of 3-23-2004(7); Ord. No. 10-09, 10-13-2010; Ord. No. 21-11, 2-8-2022)

Permitted uses with a conditional use permit in an M-1 district are as follows:

(1)

Airports, airfield, helistops, heliports.

(2)

Kennels, commercial (with any outdoor confinement).

(3)

Private landing areas.

(4)

Processing, compounding, packaging or treatment of consumable products such as bakery goods, candy, dairy products and food products.

(5)

Radio, television or communication station and/or tower or related facilities; subject to the provisions of section 74-731 et seq.

(6)

Vehicle manufacturing.

(7)

Wood preserving operations.

(8)

Stationary sawmills, planning mills.

(9)

Motor freight transportation and warehousing.

(10)

Textiles products.

(11)

Manufacture of paperboard containers and boxes.

(12)

Printing, publishing and allied industries.

(13)

Fabricated metal products.

(14)

Industrial and commercial machinery and computer equipment.

(15)

Measuring analyzing and controlling instruments, photographic, medical and optical goods.

(16)

Petroleum storage facility. pipeline petroleum storage facility.

(17)

Electric power generating facilities, public or private.

(18)

Oil storage, bulk.

(19)

Manufacture and assembly of boats.

(20)

Landfill (CDD) (including inert waste).

(21)

Concrete mixing (dry-batch or central) facility (a.k.a. ready-mix).

(22)

Veterinary hospital (with any outdoor confinement).

(23)

Manufacture of fertilizer.

(Code 1990, § 14-47A; Ord. of 5-11-1994; Ord. of 3-8-2000; Ord. of 3-23-2004(7); Ord. of 8-10-2004, § 1; Ord. No. 09-07, 10-13-2009; Ord. No. 10-09, 10-13-2010; Ord. No. 10-11, 11-30-2010)

(a)

Before a building permit shall be issued or construction commenced on any permitted use in an M-1 district, or a permit issued for a new use, the plans, in sufficient detail to show the operation and processes, shall be submitted to the Zoning Administrator for study. The Administrator may refer these plans to the Planning Commission for recommendation. Modifications of the plans may be required.

(b)

Permitted uses shall be conducted wholly within a completely enclosed building or within an area enclosed on all sides by a solid masonry wall, a uniformly painted solid board fence or evergreen hedge six (6) feet in height. Public utilities and signs requiring natural air circulation, unobstructed view, or other technical consideration necessary for proper operation may be exempt from this provision. This exception does not include storing of any materials.

(c)

Landscaping may be required within any established or required front setback area. The plans and execution must take into consideration traffic hazards. Landscaping may be permitted up to a height of three (3) feet and to within fifty (50) feet from the corner of any intersecting streets.

(d)

Sufficient area shall be provided to adequately screen permitted uses from adjacent business and residential districts and for off-street parking of vehicles incidental to the industry, its employees and clients.

(e)

Automobile graveyards and junkyards in existence on the effective date of the ordinance from which this section derives are to be considered as nonconforming uses. They shall be allowed up to three (3) years after adoption of the ordinance from which this section derives in which to completely screen, on any side open to view from a public road, the operation or use by a masonry wall, a uniformly painted solid board fence, or an evergreen hedge six (6) feet in height.

(f)

The Administrator shall act on any application received within thirty (30) days after receiving the application. If formal notice in writing is given to the applicant, the time for action may be extended for a 30-day period. Failure on the part of the Administrator to act on the application within the established time limit shall be deemed to constitute approval of the application.

(Code 1990, § 14-48)

For permitted uses in an M-1 district utilizing individual sewage disposal systems, the required area for any such use shall be approved by the Health Official. The Administrator may require a greater area if considered necessary by the Health Official.

(Code 1990, § 14-49)

(a)

Front setback. No structures in an M-1 district may be located closer to the centerline of any road right-of-way on any designated primary highway than one hundred (100) feet, or sixty (60) feet from the centerline of any secondary road right-of-way or street right-of-way for any private road, except that temporary signs advertising sale or rent of premises may be erected up to the property line. This shall be known as the setback line.

(b)

Side. The minimum side yard for the structures must be twenty-five (25) feet. The side yard of corner lots must be least forty (40) feet.

(c)

Rear. The minimum rear yard for the main structure must be thirty-five (35) feet.

(Code 1990, § 14-50; Ord. of 1-10-2006; Ord. No. 18-04, 5-14-2019)

(a)

[In general.] Any industrial use established after date of adoption shall be operated so as to meet the performance standards established hereinafter. Any use already established on date of adoption shall be permitted to continue provided that no alteration, expansion, enlargement, or modification which effectively increases the degree of nonconformity that existed prior to any alteration, expansion, enlargement, or modification is permitted. An application to alter, expand enlarge, modify an existing use which does not meet the performance standards shall include a statement identifying measures proposed to bring the use into conformity with the performance standards.

Points of measurement to determine compliance with the performance standards shall be the property lot line or zoning line nearest the source that is the subject of measurement.

(1)

Noise. All sources of noise (except those not under direct control of occupant of use, such as vehicles), must not create sound or impact noise levels in excess of the values specified below when measured at the points indicated. In addition, between 9:00 p.m. and 7:00 a.m., the permissible sound levels at a residential district boundary where adjoining industrial districts, shall be reduced by five (5) decibels in each octave band and in the overall band for impact noises.

Method of measurement and meaning of terms:

Noise shall be measured by means of a sound level meter and octave band analyzer, calibrated in decibels (re 0.002 microbar) and shall be measured at the nearest lot line from which the noise level radiates. Impact noises shall be measured by means of an impact noise analyzer. Impact noises are those who peak values fluctuate more than six (6) decibels from the steady values indicated on the sound level meter set at fast response.

Decibel. A measurement of the intensity (volume) of a sound.

Octave band. A prescribed interval of sound frequencies which classifies sound according to its pitch.

Preferred frequency octave bands. A stigmatized series of octave bands prescribed by the American Standards Association in Sel. 6-1970 Preferred Frequencies for Acoustical Measurements.

Sound level meter. An electronic instrument which includes a microphone, an amplifier, and an output meter which measures noise and sound pressure levels in a specified manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands.

Maximum Permitted Sound Levels
(Decibels)

(2)

Glare. No direct or sky reflected glare, whether from flood lights or from high temperature processes such as combustion, welding or otherwise, is to be visible beyond the lot line, except for signs, and other lighting permitted by this section or required by any other applicable regulation, ordinance or law.

(3)

Air pollution. The rules and regulations of the State of Virginia shall apply.

(4)

Water pollution. The rules and regulations of the State of Virginia shall apply.

(5)

Radioactivity. There shall be no radioactive emission which would be dangerous to the health and safety of persons on or beyond the premises where such radioactive material is used. Determination of existence of such danger and the handling of radioactive materials, the discharge of such materials into the atmosphere and streams or other water, and the disposal of radioactive wastes shall be by reference to and in accordance with applicable current regulations of the governments of the United States and the State of Virginia.

(6)

Electrical interference. There shall be no electrical disturbance emanating from any lot which would adversely affect the operation of any equipment on any other lot or premises.

(7)

Smoke and particulate matter limitations.

a.

General limitations. In addition to the performance standard specified hereinafter, the emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.

Particulate matter emission caused by the wind from open storage areas, yards, roads, etc. within lot lines shall be kept to a minimum by appropriate landscaping, paving, wetting, or other means.

For the purposes of determining the density or equivalent opacity of smoke, the Ringelmann Chart as adopted and published by the United States Bureau of Mines in Circular No. 8333 (7718) shall be employed, or standards used by DEQ.

b.

Permitted smoke emission. Within one thousand (1,000) feet of a residence or commercial zoning district boundary line, the emission of visible smoke from any vent, stack, chimney, or combustion process, darker than Ringelmann No. 2 for a period or periods aggregating more than four (4) minutes in any 60-minute period shall not be permitted.

(8)

Toxic matter limitations. In any industrial district, toxic materials which are released shall not exceed ten percent (10%) of the maximum permissible airborne concentration allowed an industrial worker when measured at any point beyond the lot line, either at ground level or habitable elevation, whichever is more restrictive. When maximum permissible airborne concentrations of toxic materials allowed an industrial worker are not contained in the most recent list of Threshold Limit Values published by the American Conference of Governmental Industrial Hygienists, the applicant shall satisfy the County Health Officer that proposed levels will be safe to the general population.

(9)

Odorous matter limitations. The release of odorous matter from any industrial district across residential or commercial district boundary lines shall be so controlled that at ground level or at habitable elevations the concentration shall not exceed the odor threshold lines. Further, the release of odorous matter across lot lines shall not become a nuisance or source of discomfort to neighboring uses. As a guide in determining qualities of offensive odors, Table III (Odor Thresholds). Chapter 5. "Air Pollution Abatement Manual" by Manufacturing Chemists Association, Inc. (as amended) may be used.

(10)

Certified engineer's report submittal. The applicant for a grading permit, sediment control permit, or building permit for uses in an industrial district, or applicants for variances to the district shall be required to submit proof that the uses proposed will not cause violations of federal, state or county laws or regulations. For industrial uses which will produce emissions of pollutants to the waters or air of the county, this proof shall include measurements of the ambient water and air quality as well as documentation in the form of figures that the additional planned and proposed industrial use will not cause the violation of either ambient or source standards outlined by the laws and regulations of the federal, state, or county governments.

Each future occupant of an industrial character shall submit to the county as a part of final site development plan approval, a certified engineer's report describing: the proposed operation, all machines, processes, products and by-products, stating the nature and expected levels of emission or discharge to land, air, water or liquid, solid, or gaseous effluent and electrical impulses. And noise under normal operations and the specifications or treatment methods and mechanisms to be used to control such emission or discharge.

(11)

Existing industrial uses shall be permitted to continue and to expand, enlarge or modify provided that the industry continues to comply with the performance standards. Existing industrial uses that do not conform to the performance standards shall be permitted to expand, modify, or enlarge provided the expansion, modification, or enlargement does not increase the degree of nonconformance and that the applicant submits a statement that identifies measures to bring the industry into compliance. The applicant or property owner shall provide the Zoning Administrator with a report certified by a professional engineer licensed in the Commonwealth of Virginia to assure compliance with the standards set forth herein prior to the issuance of any building permit that would allow any alteration, expansion, enlargement or modification of the facilities on the property.

(b)

Industrial general standards.

(1)

As part of the site plan review, the applicant shall submit a statement that includes an explanation of the following:

a.

The type of raw materials, waste products, and other by-products associated with the process.

b.

The identity of all chemicals and solids to be discharged into the sewage system.

c.

The type and amount of traffic expected to be generated by the operation.

d.

The proposed hours of operation.

e.

The proposed architectural design (graphic or narrative) of all structures.

(2)

The use established shall not create or be a continuation of highway "strip" development with multiple access points creating highway hazards and visual clutter in so far as practical. A highway strip is two (2) or more access points or "curb cuts" off of an existing state or county road within three thousand (3,000) feet of each other. Any use in an industrial district shall have access or at least three thousand (3,000) feet from any highway strip, in so far as possible. The Planning Commission may waive this requirement when the Commission finds all of the following:

a.

The proposal complies with the spirit and intent of the zoning ordinance and the Comprehensive Plan.

b.

That the waiver will not cause a substantial detriment to adjacent or neighboring property.

c.

That the waiver will not create a safety hazard or increase traffic congestion and is acceptable by VDOT.

d.

The waiver is the minimum necessary to relieve a practical difficulty and not sought for reasons of convenience, profit, or caprice.

(3)

Central water and sewer systems shall be encouraged in an industrial district. If a public system is available, use of such system shall be mandatory.

(4)

Signs in industrial areas shall be permitted in accordance with the regulations contained in the zoning ordinance.

(5)

Minimum off-street parking and loading spaces shall be required of each use in an industrial district in accordance with the regulations contained in the zoning ordinance.

(6)

In so far as possible, all uses shall be conducted within a completely enclosed structure or be completely screened. Finished or semi-finished products manufactured on the premises may be stored in the open if screened from the street and adjacent uses.

(7)

All street names shall be submitted to the County Planner for approval. A name may not be approved if it is duplicated or is too similar to the name of another road in the County.

(c)

Industrial environmental standards. The purpose of these standards is to provide for the proper stewardship of the County's natural resources. Specifically, it is the overall goal of the County to maintain the quality of the County's ecosystem in the face of continuing activity, growth and change.

(1)

Development shall minimize the effects of runoff on the existing volume of water or quality or any water body. Urban best management practices shall be used.

(2)

Whenever possible, land subject to periodic flooding shall not be developed for any use that might involve danger to health, life or property or aggravate floods.

(3)

Industrial specific environmental standards.

a.

Storm water management. No person shall develop any land for residential, commercial, industrial, or institutional uses or redevelop land without having provided for appropriate storm water management measures that control or manage runoff from such developments. Storm water management shall be accomplished for all new development or redevelopment.

b.

Stream protection corridor. All new development or redevelopment shall provide a one hundred-foot naturally vegetated stream protection corridor along all tributary streams. New development activities, including structures, parking areas, septic systems, and similar impervious surfaces shall not be permitted in the steam protection corridor. Roads that cross the stream protection corridor shall be minimized.

(Ord. of 3-23-2004(6); Ord. No. 18-04, 5-14-2019)

Editor's note— Ord. No. 18-04, adopted May 14, 2019, repealed former §§ 74-547 and 74-548 and renumbered former § 74-549, industrial performance standards, as § 74-547. Former §§ 74-547 and 74-548 pertained to frontage and yard regulations and height regulations, and derived from Code 1990, §§ 14-51, 14-52; and Ord. of May 14, 1997.