The purpose of conditional zoning is to provide a method for permitting the reasonable and orderly development and use of land in those situations in which peculiar specific circumstances indicate that the existing zoning ordinance district regulations are not adequate. In such instances reasonable conditions voluntarily proffered by the owner for the protection of the community (which conditions are not generally applicable to other land similarly zoned) when considered with existing zoning ordinance district regulations should cause the requested rezoning to be compatible with existing zoning and uses in the area.

(Code 1990, § 14-22-1)

The owner may, if he elects to obtain conditional zoning, voluntarily proffer in writing such conditions as he deems appropriate prior to a public hearing before the board of supervisors.

(Code 1990, § 14-22-2)

(a)

The board of supervisors may approve and accept reasonable proffered conditions provided the following standards and criteria are met:

(1)

The rezoning itself gives rise to the need for the conditions;

(2)

The conditions have a reasonable relation to the rezoning; and

(3)

All conditions are in conformity with the comprehensive plan.

(b)

Reasonable conditions shall not include, however, conditions that impose upon the applicant the requirement to create a property owners' association under Chapter 26 (§ 55-508 et seq.) of Title 55 of the Virginia Code which includes an express further condition that members of a property association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments, and other public facilities not otherwise provided for in Virginia Code § 15.2-2241; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the department of transportation.

(c)

Once proffered and accepted as part of an amendment to the zoning ordinance, the conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions; however, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

(d)

In the event proffered conditions include the dedication of real property or payment of cash, the property shall not transfer and the payment of cash shall not be made until the facilities for which the property is dedicated or cash is tendered are included in the capital improvement program, provided that nothing herein shall prevent the county from accepting proffered conditions which are not normally included in a capital improvement program. If proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall provide for the disposition of the property or cash payment in the event the property or cash payment is not used for the purpose for which proffered.

(e)

In the event proffered conditions include a requirement for the dedication of real property of substantial value, or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendment to the zoning map for the property subject to such conditions, nor the conditions themselves, nor any amendments to the text of the zoning ordinance with respect to the zoning district applicable thereto initiated by the board of supervisors, which eliminate, or materially restrict, reduce, or modify the uses, the floor area ration, or the density of use permitted in the zoning district applicable to the property, shall be effective with respect to the property unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare.

(f)

Nothing in this section shall be construed to affect or impair the authority of the board of supervisors to:

(1)

Accept proffered conditions which include provisions for timing or phasing of dedications, payments, or improvements; or

(2)

Accept or impose valid conditions pursuant to provision 3 of Code of Virginia § 15.2-2286 or other provision of law.

(Code 1990, § 14-22-3; Ord. of 9-13-2005)

The zoning map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning on the map. The zoning administrator shall keep in his office and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating conditions in addition to the regulations provided for in a particular zoning district or zone.

(Code 1990, § 14-22-4)

State Law reference— Records, Code of Virginia, § 15.2-2300.

The zoning administrator shall be vested with all necessary authority on behalf of the board of supervisors to administer and enforce conditions attached to a rezoning or amendment to a zoning map, including:

(1)

The ordering in writing of the remedy of any noncompliance with such conditions;

(2)

The bringing of legal action to ensure compliance with such conditions, including injunction, abatement or other appropriate action or proceeding; and

(3)

Requiring a guarantee, satisfactory to the board of supervisors, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the board of supervisors or its agent upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.

Failure to meet all conditions shall constitute cause to deny the issuance of any of the required use, occupancy or building permits, as may be appropriate.

(Code 1990, § 14-22-5; Ord. of 7-3-1990)

State Law reference— Enforcement and guarantees, Code of Virginia, § 15.2-2299.

Any zoning applicant or any other person who is aggrieved by a decision of the zoning administrator made pursuant to the provisions of section 74-675 may petition the board of supervisors for review of the decision of the zoning administrator. All such petitions for review shall be filed with the zoning administrator and with the clerk of the board of supervisors within 30 days from the date of the decision for which review is sought and shall specify the grounds upon which the petitioner is aggrieved.

(Code 1990, § 14-22-6; Ord. of 7-3-1990)

State Law reference— Petition for review of decision, Code of Virginia, § 15.2-2301.

No amendments and/or variations of adopted conditions shall be made until after a public hearing before the board of supervisors advertised pursuant to the provisions of Code of Virginia, § 15.2-2204.

(Code 1990, § 14-22-7; Ord. of 5-25-1994)

State Law reference— Amendments and variations of conditions, Code of Virginia, § 15.2-2302.

The development and execution of this chapter is based upon the division of the county into districts, within which districts the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use of the particular location.

(Code 1990, § 14-69(1)(a))

(a)

The following standards shall be used as guidelines by the planning commission and board in acting upon conditional use applications:

(1)

That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

(2)

That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

(3)

That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

(4)

That the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district as to cause a substantial depreciation in the property values within the neighborhood;

(5)

That adequate utilities, access roads, drainage or necessary facilities have been or are being provided;

(6)

That ingress and egress to property and structures on the property with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access of fire or catastrophe are adequately provided for;

(7)

That off-street parking and loading areas where required with particular attention to the items in subsection (a)(1) of this section and the economic, noise, glare or odor effects of the special exception on adjoining properties and properties generally in the district are adequately provided for;

(8)

That refuse and service areas, with particular reference to the items in subsections (a)(1) and (2) of this section are adequately provided for;

(9)

That appropriate screening and buffering with reference to type, dimensions and character of the use are adequately provided for;

(10)

That any signs and exterior lighting are compatible and in harmony with properties in the district with reference to aesthetics, glare, traffic safety and economic effect;

(11)

That required yards and other open spaces are adequately provided for;

(12)

That the proposed use is compatible with adjacent properties and other property in the district;

(13)

That an adequate supply of light and air to adjacent property is adequately provided for; and

(14)

That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the board of supervisors.

(b)

The board of supervisors shall designate such conditions as will, in its opinion, assure that the use will conform to the requirements of this section and that such use will continue to do so.

(c)

Construction or operation shall be commenced within one (1) year after applicants receipt of all necessary federal, state, and local permits, but no later than three (3) years after the date of conditional use approval, or the use permit becomes void. These time periods can be different if specifically stated at the time of approval by the Board of Supervisors. If after a use permit has been issued and the use for which the use permit was obtained is discontinued for more than one (1) year, the use permit becomes void, unless otherwise authorized by the Board of Supervisors.

(d)

No application for a use permit for the same lot shall be considered by the Board of Supervisors within a period of three hundred sixty (360) days from its last consideration. This provision, however, shall not impair the right of the Board to propose a use permit on its own motion.

(e)

Written application for a use permit shall be filed with the Zoning Administrator accompanied by the prescribed fee to be set by the Board of Supervisors. The application shall be accompanied by such plans or data described by the Zoning Administrator as being necessary to review comprehensively the proposed project and shall include a written statement and adequate evidence to show that the proposed conditional use will conform to the standards set forth in this section.

(f)

For each application for a conditional use, the Planning Commission shall report to the Board of Supervisors its findings and recommendations, including the stipulation of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest.

(g)

Upon receipt of the recommendation of the Planning Commission, the Board of Supervisors shall hold at least one (1) public hearing on the proposed conditional use.

(h)

If a conditional use permit is granted, the Zoning Administrator and the Board of Supervisors may, from time to time, require such evidence and guarantees, including renewals, as may be necessary to establish that the conditions stipulated in the permit are being complied with. Renewal of a conditional use permit may be approved administratively by the Zoning Administrator if the conditions stipulated have been met. Otherwise the renewal must be treated as a new application.

(i)

Any conditional use permit may be authorized and issued for either a limited or indefinite period of time and shall be revocable by the Board of Supervisors at any time for failure to adhere to the applicable conditions.

(Code 1990, § 14-69(1)(b); Ord. No. 21-14, 2-8-2022; Ord. No. 22-07, 10-11-2022)

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

Shopping center means either one (1) or more retail, business, commercial or service establishments offering retail, business or commercial goods or services, including those uses ordinarily accepted as uses or activities as permitted in B-1 and B-2 zoning districts, and which, separately or combined, contains five thousand (5,000) square feet or more of gross floor space and is characterized by two (2) or more of the following:

(1)

It is designed or planned as a single commercial group, whether on the same parcel or not;

(2)

It has a unified aesthetic appearance, landscaping or signage.

(3)

It is under one (1) common ownership or management, or has one (1) common arrangement for the maintenance of the site or grounds;

(4)

It is connected by party walls, partitions, covered canopies or other shared structural members to form one (1) continuous structure;

(5)

It shares a common parking area or walkways;

(6)

It otherwise presents the appearance of one (1) continuous commercial area;

(7)

It has one (1) or more "out parcels" under separate ownership or lease which contain complementary commercial enterprises; or

(8)

Any retail, business, commercial or service establishment or establishments offering retail, business or commercial goods or services, including those uses ordinarily accepted as uses or activities as permitted in B-1 and B-2 zoning districts, and which, separately or combined, contains more than fifty thousand (50,000) square feet of gross floor space.

(Code 1990, § 14-69(1)(b); Ord. No. 09-01, 3-10-2009)

Cross reference— Definitions generally, § 1-2.

In addition to the other requirements of this division, any conditional use permit granted for the use of any shopping center as allowed in B-1 and B-2 districts shall be subject to and shall comply with the provisions of this subdivision.

(Code 1990, § 14-69(1)(b)(10))

The following uses shall not be allowed in shopping centers:

Automobile, truck and motorcycle sale lots.

Bulk storage facilities.

Churches.

Clubs, lodges and assembly halls.

Funeral homes.

Mobile homes, travel trailers and recreational vehicles sale lots.

Kennels.

Outdoor and drive-in theaters.

Self-service car washes.

Service stations and vehicle body repair shops.

(Code 1990, § 14-69(1)(b))

Shopping center uses shall comply with the following requirements:

(1)

The minimum site area shall be three (3) acres. Notwithstanding this, for lots, parcels, sites or locations that are connected to: (i) central, common or public sewer; and (ii) central, common or public water there shall be no minimum site area provided the site can meet all other required conditions including, but not limited to, building setbacks, off-street parking and loading and dimensional requirements.

(2)

The minimum distance from any street right-of-way to any building or structure shall be 100 feet on a primary highway and 60 feet on any secondary highway.

(3)

The minimum distance from side and rear property lines to any building or structure shall be 25 feet from any building under 35 feet in height. When adjacent to residential districts, it shall be 75 feet.

(4)

The minimum distance from a loading zone to the property line shall be 50 feet.

(5)

The development shall front on a public street or road.

(6)

The development shall have a minimum of 300 feet of road frontage.

(7)

Prior to the issuance of any conditional use permit, the property owner or applicant shall submit to the county a plan of development for the shopping center. The plan of development shall comply with the following requirements and shall show the following information:

a.

The proposed location and size of structures, indicating tenant uses and total square footage in buildings.

b.

The proposed size, location and use of other portions of the tract, including landscaping, parking, loading, service, maintenance and other areas or spaces.

c.

The proposed layout of all utility easements and facilities for the provision of water, sanitary sewer and surface drainage, including engineering feasibility studies or other similar documentation or studies.

d.

Evidence that the applicant has sufficient control over the land to effectuate the proposed development plan. Evidence of control includes property rights and the engineering feasibility data which may be necessary and the economic feasibility studies (market analysis or other data) justifying the proposed development.

e.

The aggregate plan area of all buildings proposed shall not exceed 30 percent of the entire lot area of the project.

f.

The shopping center building shall be designed and built as a whole, unified and single project; however, the shopping center may be built in stages, in accordance with such phased construction schedule as may be approved by the board of supervisors as part of the conditional use permit process.

g.

In addition to the requirements of subsection (7)a.—f. of this section, every plan of development submitted in accordance with this section shall contain the information required in subsection (7)g.1.—14. for all buildings more than 5,000 square feet in size and all additions more than 5,000 square feet in size. Plan of developments prepared for all buildings in excess of 5,000 square feet in size and all additions in excess of 5,000 square feet shall be prepared by a certified land surveyor or professional engineer. For all buildings less than 5,000 square feet in size, the applicant shall be required to provide only the information required in subsection (7)g.1.—14. of this section. Subsection (7)g.10. of this section shall be required for all buildings regardless of size that are connected to central or public water and/or sewer systems, and this information shall be provided by a certified professional engineer. Subject to the provisions of this subsection, the information required for subsections (7)g.1.—14. of this section is as follows:

1.

The location of the subject tract of land by an insert map at a scale of not less than one inch equals 1,000 feet, indicating the scale, the north arrow, and such information as the names and numbers of adjoining roads, streams and bodies of water, railroads, subdivisions, and magisterial districts or other landmarks sufficient to clearly identify the location of the property.

2.

A boundary survey of the tract by courses and distances.

3.

Area, zone and present record owner of the subject tract.

4.

Owner, zone and present use of all contiguous property.

5.

All existing and proposed streets and easements, their names, numbers and existing and proposed utilities; watercourses and their names.

6.

Location, type and size of vehicular entrance to the site.

7.

Location, type, size and height of fencing, retaining walls, and screen planting where required under the provisions of this chapter.

8.

All off-street parking, loading spaces and walkways, indicating type of surfacing, size, angle of stalls, width of aisles, and a specific schedule showing the number of parking spaces provided and the number required in accordance with this chapter.

9.

Number of floors, floor area, height and location of each building and proposed general use for each building.

10.

All existing and proposed water and sanitary sewer facilities, indicating all pipe sizes, types and grades and where connection is to be made to the county or other utility system.

11.

Provisions for the adequate disposition of natural water and stormwater; provision for the adequate control of erosion and sedimentation.

12.

Existing topography with a maximum of two-foot to five-foot contour intervals. Where existing ground is a slope of less than two percent, either one-foot contours or spot elevations where necessary but not more than 50 feet apart in both directions.

13.

Proposed finished grading by contours supplemented where necessary by spot elevations.

14.

All horizontal dimensions shown on the site plan shall be in feet and decimals of a foot to the nearest 0.01 of a foot; and all bearings in degrees, minutes, seconds to the nearest ten seconds.

(8)

The planning commission may recommend or the board of supervisors may require such additional terms and conditions as may be consistent with good zoning practice and which it deems necessary in the public interest.

(9)

A surety bond shall be filed for, or deposited in escrow with the county, in a sum sufficient to ensure completion of special requirements as may be imposed by the board of supervisors.

(Code 1990, § 14-69(1)(b); Ord. No. 09-01, 3-10-2009)

All buildings and structures constructed in a shopping center shall be served by underground utilities.

(Code 1990, § 14-69(1)(b))

All signs in any shopping center shall comply with the provisions of section 74-621 et seq.

(Code 1990, § 14-69(1)(b))

(a)

Off-street parking spaces shall be provided in the ratio of at least one parking space for each 200 square feet of floor area in the shopping center.

(b)

Off-street loading spaces shall be provided with area, location and design appropriate to the needs of the shopping center. In the process of loading and unloading, no vehicle shall block the passage of other vehicles or extend into any public or private drive or street used for traffic circulation. No space designated as required off-street parking area for the general public shall be used as an off-street loading space.

(c)

Service drives or other areas shall be provided for off-street loading to ensure that no truck will block the passage of other vehicles on the service drive or extend into any other public or private drive or street used for traffic circulation.

(d)

The drives, parking areas, loading areas and walks shall be paved with hard, dustfree surface material.

(Code 1990, § 14-69(1)(b))

(a)

Landscaping or other devices shall be used to screen surrounding residential districts from storage and loading operations within the shopping center.

(b)

Any part of the shopping center area not used for buildings or other structures, parking, loading, pedestrian walks and access ways shall be landscaped with grass, trees and/or shrubs.

(c)

The following requirements pertain to all shopping center parking lots and for all vehicular use areas that exceed five thousand (5,000) square feet in size:

(1)

Landscaping shall be done on at least ten percent (10%) of the vehicular use areas.

(2)

Each individually landscaped island must be at least one hundred (100) square feet in area, with sides measuring at least five (5) feet in length.

(3)

At least one (1) tree shall be planted and maintained for every one hundred (100) square feet per island, and three (3) shrubs with a minimum height of two (2) feet shall be planted and maintained for each tree.

(4)

The remainder of the area of the islands may be planted with low-growing vegetative groundcover and/or permanently maintained nonvegetative material.

(5)

All landscaping material and planting shall be maintained and replaced if the material dies.

(Code 1990, § 14-69(1)(b))

All shopping centers shall comply with the following lighting requirements:

(1)

All parking areas, driveways and loading areas shall be provided with an adequate lighting system. Lights in parking areas shall be located no farther than one hundred (100) feet apart.

(2)

All lighting shall be adequately shielded from traffic on any public street and from any residential district.

(3)

Lighting poles, bulbs and shields shall be maintained when in need of repair or replacement.

(Code 1990, § 14-69(1)(b))

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

Administrative review-eligible project means a project that provides for:

(1)

The installation or construction of a new structure that is not more than fifty (50) feet above ground level, provided that the structure with attached wireless facilities is:

a.

Not more than ten (10) feet above the tallest existing utility pole located within five hundred (500) feet of the new structure within the same public right-of-way or within the existing line of utility poles;

b.

Not located within the boundaries of a local, state, or federal historic district;

c.

Not located inside the jurisdictional boundaries of a locality having expended a total amount equal to or greater than thirty-five percent (35%) of its general fund operating revenue, as shown in the most recent comprehensive annual financial report, on undergrounding projects since 1980; and

d.

Designed to support small cell facilities; or

(2)

The co-location on any existing structure of a wireless facility that is not a small cell facility.

Alternative tower structure means manmade trees, silos, clock towers, bell steeples, light poles, utility poles, buildings, and similar alternative-design mounting structures that camouflage or conceal the presence of antennae or towers.

Antenna means communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.

Base station means a station that includes a structure that currently supports or houses an antenna, transceiver, coaxial cables, power cables, or other associated equipment at a specific site that is authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies, and other associated electronics.

Co-locate means to install, mount, maintain, modify, operate, or replace a wireless facility on, under, within, or adjacent to a base station, building, existing structure, utility pole, or wireless support structure. "Co-location" has a corresponding meaning.

Department means the Department of Transportation.

Existing structure means any structure that is installed or approved for installation at the time a wireless services provider or wireless infrastructure provider provides notice to a locality or the Department of an agreement with the owner of the structure to co-locate equipment on that structure.

"Existing structure" includes any structure that is currently supporting, designed to support, or capable of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flag poles, signs, and water towers.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height when referring to a tower or other structure means the distance measured from ground level to the highest point on the tower or other structure, even if the highest point is an antenna or lightning rod.

Micro-wireless facility means a small cell facility that is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and that has an exterior antenna, if any, not longer than eleven (11) inches.

New structure means a wireless support structure that has not been installed or constructed, or approved for installation or construction, at the time a wireless services provider or wireless infrastructure provider applies to a locality for any required zoning approval.

Project means:

(1)

The installation or construction by a wireless services provider or wireless infrastructure provider of a new structure, or

(2)

The co-location on any existing structure of a wireless facility that is not a small cell facility.

"Project" does not include the installation of a small cell facility by a wireless services provider or wireless infrastructure provider on an existing structure to which the provisions of Code of Virginia, § 15.2-2316.4 apply.

Small cell facility means a wireless facility that meets both of the following qualifications:

(1)

Each antenna is located inside an enclosure of no more than six (6) cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet, and

(2)

All other wireless equipment associated with the facility has a cumulative volume of no more than twenty-eight (28) cubic feet, or such higher limit as is established by the Federal Communications Commission.

The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

Standard process project means any project other than an administrative review-eligible project.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennae, including self-supporting lattice towers, guy towers, or monopole towers. The term "tower" includes, but is not limited to, television transmission towers, microwave towers, common-carrier towers, wireless communications towers, alternative tower structures, and the like.

Utility pole means a structure owned, operated, or owned and operated by a public utility, local government, or the Commonwealth that is designed specifically for and used to carry lines, cables, or wires for communications, cable television, or electricity.

Water tower means a water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.

Wireless facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:

(1)

Equipment associated with wireless services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and

(2)

Radio transceivers, antennas, coaxial, or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

Wireless infrastructure provider means any person that builds or installs transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider.

Wireless services means:

(1)

"Personal wireless services" as defined in 47 U.S.C. § 332(c)(7)(C)(i);

(2)

"Personal wireless service facilities" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), including commercial mobile services as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices through wireless facilities; and

(3)

Any other fixed or mobile wireless service, using licensed or unlicensed spectrum, provided using wireless facilities.

Wireless services provider means a provider of wireless services.

Wireless support structure means a freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable existing structure or alternative structure designed to support or capable of supporting wireless facilities. "Wireless support structure" does not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service.

(Code 1990, § 14-69(1)(b); Ord. of 1-12-2000; Ord. No. 18-07, 2-12-2019)

Cross reference— Definitions generally, § 1-2.

(a)

The purpose of this subdivision is to establish general guidelines for the siting of towers and antennae. These goals are to:

(1)

Encourage the location of towers in nonresidential areas and minimize the total number of towers and tower sites throughout Cumberland County;

(2)

Encourage the joint use of new and existing tower sites and use of existing utility transmission rights-of-way;

(3)

Encourage towers to be located in areas where their adverse impact is minimal;

(4)

Encourage users of towers and antennae to locate, design, and configure them in a way that minimizes the adverse visual impact of the towers and antennae and makes them compatible with surrounding land uses to the extent possible;

(5)

Provide adequate sites for the provision of wireless communication services with minimal negative impacts;

(6)

Encourage the siting of towers along the corridors of State Routes 13, 45, and 60;

(7)

Encourage public/private partnerships, where possible, that promote the communications needs of Cumberland County, especially fire and emergency rescue services; and

(8)

Strongly encourage the use of monopoles and camouflaging for towers located in or near residential areas.

(b)

This subdivision is intended to comply with all federal and state regulations.

(Code 1990, § 14-69(1)(b); Ord. of 1-12-2000; Ord. No. 18-07, 2-12-2019)

(a)

This subdivision governs standard process projects.

(b)

This subdivision does not govern:

(1)

Administrative review-eligible projects;

(2)

Any tower or antenna that is operated by a federally licensed amateur radio station operator; and any tower used exclusively for receive-only antennae for amateur radio station operation;

(3)

The placement of one (1) or more additional buildings to serve an existing structure, or the placement of additional equipment in an existing building; or

(4)

The placement of one (1) or more antennae on or in an existing structure if the addition of the antenna does not add more than the lesser of twenty (20) feet or twenty-five percent (25%) to the height of the existing structure and does not require additional lighting pursuant to FAA or other statutory or regulatory requirements.

(Code 1990, § 14-69(1)(b); Ord. of 1-12-2000; Ord. No. 18-07, 2-12-2019)

Editor's note— Ord. No. 18-07, adopted Feb. 12, 2019, repealed §§ 74-734 and 74-735, which pertained to amateur radio and receive-only antennas, and existing structures and towers, and derived from Code 1990, § 14-69(1)(b); and Ord. of Jan. 12, 2000.

(a)

For purposes of determining compliance with area requirements and at the sole discretion of the Zoning Administrator:

(1)

Antennae and towers may be considered either principal or accessory uses;

(2)

An existing use or an existing structure on the same lot will not alone preclude the installation of antennae or towers on such lot; and

(3)

The dimensions of the entire parcel control, even where the antenna or tower is located on a leased area of less than the entire parcel.

(b)

Towers that are constructed, and antennae that are installed, in accordance with the provisions of this subdivision will not be deemed to constitute the expansion of a nonconforming use or structure.

(c)

All applications for towers and antennae governed by this subdivision must comply with the following:

(1)

The tower design must provide for a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. Dish antennae will be of a neutral, non-reflective color with no logos.

(2)

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

(3)

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

(4)

Towers must not be artificially lighted unless required by the FAA or other governing authority.

(5)

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

(6)

To permit co-location, the tower must be designed and constructed to permit extensions to a maximum height of one hundred ninety-nine (199) feet, except as otherwise provided in the approved conditional use permit.

(7)

Towers must be designed to collapse within the parcel boundaries in the event of structural failure.

(8)

Except where the provisions of an approved conditional use permit or other governmental regulations restrict the height of the tower, or where a stealth design is used, an engineering report certifying that the proposed tower is compatible for co-location with a minimum of four (4) users, including the primary user, must be submitted. If the height of the tower is restricted or a stealth design is used and the tower cannot accommodate four (4) users, a report must be submitted that describes the design limitations for co-location.

(Code 1990, § 14-69(1)(b); Ord. of 1-12-2000; Ord. No. 18-07, 2-12-2019)

All towers and antennae must meet or exceed current standards and regulations of the FAA; the FCC, including, but not limited to, those governing emission control; and all other agencies, if any, of the federal government with the authority to regulate towers and antennae.

(Code 1990, § 14-69(1)(b); Ord. of 1-12-2000; Ord. No. 18-07, 2-12-2019)

To ensure the structural integrity of towers, all towers must be designed and at all times maintained in compliance with all federal, state and local building codes and regulations.

(Code 1990, § 14-69(1)(b); Ord. of 1-12-2000; Ord. No. 18-07, 2-12-2019)

Each applicant requesting a conditional use permit under this subdivision must submit the following:

(a)

A scaled plan, a scaled elevation view, and other supporting drawings, calculations and other documentation, signed and sealed by a state-licensed professional engineer, showing the location and dimensions of all improvements, including information concerning topography, zoning, vegetation buffers, tower height requirements, setbacks, drives, parking, fencing, landscaping, and adjacent uses and buildings.

(b)

A certification from a licensed professional engineer that the emissions from the facility will not exceed the maximum permissible exposure (MPE) standard established by the FCC.

(c)

Verifiable evidence from the applicant of the lack of space on suitable existing towers, buildings or other structures to locate the proposed antennae and the lack of space on existing tower sites to construct a suitable tower for the proposed antennae. A statement from a licensed professional engineer must be provided if radio-frequency interference or signal quality is used as the rationale for eliminating co-location on an existing facility.

(d)

A signed statement from the applicant, or a duly authorized agent or representative, of the willingness and ability to allow co-location on the proposed tower and co-location of a second tower on the site (where appropriate).

(e)

A signed statement from the applicant, or a duly authorized agent or representative, describing the efforts considered and taken to screen or camouflage the facility and reduce its visual impact. This statement should consider at a minimum design, height, location, and landscaping alternatives.

(f)

At least two (2) different photographs of the site that include simulated photographic images of the proposed tower. The photographs with the simulated image must illustrate how the facility will look from adjacent roadways, nearby residential areas, or public use buildings, such as schools and churches. County staff reserves the right to select the location for the photographic images and require additional images. The applicant must also conduct a balloon test to demonstrate the height of a proposed tower.

(g)

An affidavit attesting to the fact that the lease agreement does not prohibit or discourage co-location, or if so, an explanation of the reason or reasons why co-location is prohibited or discouraged.

(h)

Other information deemed necessary by County staff or officials to assess compliance with this subdivision.

(Code 1990, § 14-69(1)(b); Ord. of 1-12-2000; Ord. No. 18-07, 2-12-2019)

The applicant must obtain a conditional use permit before erecting towers or antennae covered by this subdivision. The following factors, and those standards described in this subdivision, will be used in determining whether to issue a conditional use permit:

(a)

Height of the proposed tower;

(b)

Proximity of the tower to residential structures, residential district boundaries, and other visually sensitive facilities such as churches and schools;

(c)

Nature of the uses and impacts of the proposed facility on adjacent and nearby properties;

(d)

Surrounding topography;

(e)

Surrounding tree coverage and foliage;

(f)

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

(g)

Proposed ingress and egress;

(h)

Co-location policy and efforts to co-locate;

(i)

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

(j)

Availability of suitable existing towers and other structures as discussed in section 74-741;

(k)

Proximity to private airports;

(l)

Proposed methods of mitigation for the visual impacts of the project, including proposed landscaping or screening; and

(m)

Communications needs of the County.

(Ord. No. 18-07, 2-12-2019)

Editor's note— Ord. No. 18-07, adopted Feb. 12, 2019, amended § 74-740 in its entirety to read as herein set out. Former § 74-740 pertained to factors considered in granting a conditional use permit by special exception for new towers, and derived from Code 1990, § 14-69(1)(b); and Ord. of Jan. 12, 2000.

No conditional use permit for a new tower may be granted unless the applicant demonstrates, to the reasonable satisfaction of the County, that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of information confirming any one (1) or more of the following:

(a)

There are no existing towers or structures are located within the geographic area required that meet the applicant's engineering requirements.

(b)

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

(c)

Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antennae and related equipment.

(d)

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

(e)

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

(f)

Other limiting factors that render the use of existing towers and structures unsuitable or unfeasible.

(Code 1990, § 14-69(1)(b); Ord. of 1-12-2000; Ord. No. 18-07, 2-12-2019)

Towers must be enclosed by security fencing that is not less than six (6) feet in height which is equipped with appropriate anticlimbing design or device.

(Code 1990, § 14-69(1)(b); Ord. of 1-12-2000; Ord. No. 18-07, 2-12-2019)

The following requirements will govern the landscaping surrounding towers for which a conditional use permit is required:

(a)

Tower facilities must be landscaped with a buffer of plant materials that effectively screen the view of the support buildings from adjacent property owners. The standard buffer must consist of a landscaped strip at least four (4) feet wide outside the perimeter of the facilities. The applicant may propose off-site landscaping if it better mitigates the visual impacts of the proposed facility. In such cases, a written agreement must be provided, including approval by the owner of the parcel on which the landscaping will be located.

(b)

Existing mature tree growth and natural land forms on the site must be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, it may be determined that existing growth around the perimeter of the parcel constitutes a sufficient buffer.

(Code 1990, § 14-69(1)(b); Ord. of 1-12-2000; Ord. No. 18-07, 2-12-2019)

Any antenna or tower that is not operated for a continuous period of twenty-four (24) months will be considered abandoned, and the owner of each such antenna or tower must remove the antenna or tower, or both, within one hundred eighty (180) days of receipt of notice from the County notifying the owner of such removal requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables, and all support buildings except that any one or more support buildings may remain with owner's consent. If there are two (2) or more users of a single tower, the abandonment of the use of the tower and/or equipment is effective when the last user ceases entirely its use of the tower and equipment.

(Code 1990, § 14-69(1)(b); Ord. of 1-12-2000; Ord. No. 18-07, 2-12-2019)

Editor's note— Ord. No. 18-07, adopted Feb. 12, 2019, repealed former § 74-744 and renumbered former § 74-745, removal of abandoned antenna and towers, as § 74-744. Former § 74-744 pertained to local government access, and derived from Code 1990, § 14-69(1)(b); and Ord. of Jan. 12, 2000.

Applications will be processed, decisions on applications rendered, and appeals of decisions made in accordance with the procedures set forth in Article 7.2 of the Code of Virginia, 1950, as amended, Code of Virginia, § 15.2-2316.3 et seq.

(Ord. No. 18-07, 2-12-2019)

Editor's note— Ord. No. 18-07, adopted Feb. 12, 2019, repealed former § 74-746. At the editor's discretion, former § 74-747, fees, was renumbered as § 74-745. Former § 74-746 pertained to required yearly report, and derived from Code 1990, § 14-69(1)(b); and Ord. of Jan. 12, 2000.

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

Decommission means the removal, recycling and proper disposal of solar energy equipment, facilities, or devices of a solar energy facility, which includes the reasonable restoration of the property upon which the solar equipment, facilities, or devices are located, including:

(1)

Soil stabilization; and

(2)

Revegetation of the ground cover of the property disturbed by the solar energy project.

Distribution lines means utility lines that transport electricity, generally from substations to a load point at lower voltages and over shorter distances than transmission lines.

Siting agreement means a mutually beneficial agreement, in compliance with the Code of Virginia § 15.2-2316.7, between an applicant and Cumberland County that is binding upon both the County and the applicant, whereby upon execution of the siting agreement the solar project is deemed to be substantially in accord with the Cumberland Comprehensive Plan, and thereby satisfies the requirements of the Code of Virginia § 15.2-2232.

Residential solar energy generation means devices or structures for which the primary purpose is to capture and convert solar energy to serve the subject property. However, this does not restrict the property owner from distributing excess energy to the utility company. This term does not include solar energy facilities.

Solar energy facility means an installation principally designed and used to capture and convert solar energy into electric or thermal energy for off-site use, such as transmission to the power grid. The area of the system includes all the land inside the perimeter which extends to any fencing. The term applies, but is not limited to, solar photo-voltaic ("PV"), solar thermal, and solar hot water systems. This Subdivision does not apply to residential solar energy generation.

Transmission lines means utility lines that transport bulk electricity, generally from power stations to substations at high voltages ranging from sixty (60) kW to five hundred (500) kV.

(Ord. No. 23-02, 9-12-2023)

All solar energy facilities shall be subject to the following standards:

(1)

Certain solar facilities exempt. Solar facilities dedicated primarily to the production of electricity for another facility located on the site and solar facilities permitted by Code of Virginia, § 15.2-2288.7 shall not be subject to the conditional use permit requirements.

(2)

Site plan required. Solar facilities must be developed in accordance with an approved site plan that meets the standards of section 74-1103, "Site plan contents," of this Code.

(3)

Approved solar components. Electric solar system components must have a UL listing or equivalent.

(4)

Distribution lines. To the extent reasonably practical, all new distribution lines to any building, structure, or utility connection shall be located underground (trenched) to the extent permitted by the electric company.

(5)

Compliance with building code. All active solar facilities shall meet all requirements of the Virginia Uniform Statewide Building Code as well as all federal and state statutes, codes, regulations, and ordinances; and shall be inspected by the Cumberland County Building Official.

(6)

Land disturbance. A land disturbance plan shall be prepared by an engineer, submitted by the applicant, and approved by the Commonwealth of Virginia Department of Environmental Quality and the Peter Francisco Soil & Water Conservation District prior to any land disturbance. The owner or operator shall construct, maintain and operate the project in compliance with the approved plan. An E&S bond (or other security) will be posted for the construction portion of the project.

(7)

Utility notification. No grid tied photovoltaic system shall be installed until evidence has been submitted to the planning department that the owner has been approved by the utility company to install the system.

(8)

Setbacks. With the exception of poles and lines necessary to connect to the power grid, the perimeter of the system shall be located at least fifty (50) feet from the property line of any adjoining parcel owned by any landowner other than the owner of the parcel on which the solar facility is being proposed; at least one hundred (100) feet from the nearest inhabitant residence at the time of the initial application; and at least one hundred (100) feet from any public road.

(9)

Height. With the exception of the lighting, poles, and lines necessary to connect to the power grid, the height of structures and arrays in the system shall be ground mounted and not exceed fifteen (15) feet as measured from grade at the base of the structure to the apex of the structure.

(10)

Security fencing. The solar facility shall be enclosed around the perimeter by a security fence with a minimum height of six (6) feet.

(11)

Liability insurance. The applicant shall provide proof of adequate liability insurance for a solar facility prior to the issuance of a zoning or building permit. This shall be provided to the Zoning Administrator.

(12)

Signage. No signage is allowed on the solar facility fencing except for a sign, not to exceed thirty-two (32) square feet, displaying warnings, the facility name, address, physical E-911 address, and emergency contact information.

(13)

Noise. Inverter noise shall not exceed fifty (50) dBA, measured at the facility property line.

(14)

Vegetative screening. A vegetative buffer yard shall be required. The vegetative buffer yard shall meet one (1) or more of the following set of requirements:

a.

Forty (40) feet wide with:

1.

Four (4) canopy trees per one hundred (100) linear feet.

2.

Six (6) understory trees per one hundred (100) linear feet.

3.

Eleven (11) evergreen trees per one hundred (100) linear feet.

The use of existing, healthy, well-formed canopy trees, understory trees, evergreen trees, and shrubs shall be maximized wherever practical to comply with these vegetative buffer requirements.

(15)

Maintenance. Native grasses or any non-invasive species shall be used to stabilize the site for the duration of the facility's use. Site access, buffer areas, and all landscaping shall be maintained to a level acceptable to Cumberland County. The project owner shall be responsible for maintaining the solar facility and access roads.

(16)

Decommissioning/abandonment/decommissioning plan/bond required. The system owner and the owner of the land on which the solar facility is located shall be responsible and liable, jointly and severally, to begin removing all obsolete or unused systems, facilities and equipment within six (6) months of cessation of operation and shall have them fully removed within twelve (12) months.

All components are to be recycled whenever feasible. Reasonable extensions of that time may be granted from time to time by the Zoning Administrator upon timely application and a showing that:

a.

The system owner and/or landowner are actively seeking sale or lease of the solar facilities for future operation; or

b.

The system owner or landowner have continuously maintained the land and facilities in good condition.

Every charge authorized by this section which remains unpaid shall constitute a lien against the property on which a solar facility is located ranking on a parity with liens for unpaid County taxes and enforceable in the same manner as provided in Code of Virginia §§ 58.1-3940 et seq. and 58.1-3965 et seq., as amended.

A decommissioning plan shall be prepared by the professional engineer and shall include the following:

a.

The anticipated life of the project;

b.

The estimated decommissioning cost and how such cost is determined;

c.

The manner in which it is to be decommissioned; and

d.

Surety or a bond posted prior to obtaining a land disturbance permit for the duration of the project. Such surety or bond may include any salvage value derived from the old facility.

The decommissioning plan must provide for the removal of all solar electric systems, buildings, cabling, electrical components, security barriers, roads, foundations, pilings, and any other associated facilities, so that the ground is again tillable and suitable for agricultural purposes. Disturbed earth shall be graded and reseeded. Hazardous material shall be disposed of in accordance with federal and state law.

(17)

Glare. The solar facility shall be installed so that no reflected glare is visible at the property line adjacent to a public road.

(18)

FAA requirements. Any solar facilities located within five (5) nautical miles of any airport shall meet all FAA requirements.

(19)

Lighting. All outdoor lighting shall be shielded to direct light and glare onto the system's premises.

(20)

Wetlands. Wetlands shall be inventoried, delineated, and avoided.

(21)

Access. The County Administrator, Building Official, or Zoning Administrator, or any other parties designated by those County officials, shall be allowed to enter the property at any reasonable time with reasonable notice to check for compliance with the provisions of this permit. However, access shall be granted without notice if the security, health and safety standards and regulations that apply to the project site pose a risk to the general public, environment, or if any other emergent situation arises.

(22)

Change in ownership or operator and activities. The owner and operator shall provide a written notice to the County Administrator and Zoning Administrator in the event of any change in ownership, change in the operator, inactivity, or modifications to equipment or activities on site, excluding general maintenance.

(23)

Prior to generation of power, a Fire Suppression Plan shall be approved by the Cumberland County Fire Marshall, Director of Cumberland Fire & EMS, and the Cumberland County Building Official.

Additional considerations for conditions:

To preserve and protect County view sheds and resources, to protect the health, safety and welfare of the community, and to otherwise advance the purpose and intent of this article, the following non-exhaustive list of additional criteria may be considered by the Planning Commission and the Board of Supervisors in addressing whether to recommend or grant a permit, and what conditions to impose on any permit for an energy generation facility:

a.

The topography of the site and the surrounding area.

b.

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

c.

The proximity of the site to other energy facilities and utility transmission lines.

d.

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

e.

The proximity of the site, observability from and impact on public rights-of-way to include all roads, recreational and state facilities.

f.

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

g.

The size of the site.

h.

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

i.

The encouragement of economic development activities that provide desirable employment or the enlargement of the tax base.

j.

The preservation and protections of prime farmland and forestland in the County, provided that:

1.

"Prime farmland" shall have the meaning assigned to it by the Natural Resource Conservation Service of the United States Department of Agriculture.

2.

If no more than ten percent (10%) of the site is prime farmland; this consideration will be waived.

k.

The ability to enter into an agreeable siting plan or siting agreement with the county.

The enumeration of these criteria shall not prohibit the Planning Commission or the Board of Supervisors from considering other factors deemed relevant to a specific special use permit applicant based on the details of the application. Nothing herein shall limit in any manner the nature and scope of reasonable conditions that may be recommended by the Planning Commission or imposed by the Board of Supervisors.

(Ord. No. 23-02, 9-12-2023)