The following additional regulations apply to specific uses as set forth below. These regulations are intended to serve as the minimum standards for these uses and are not intended to exclude other provisions of this Ordinance that may apply. The standards set forth in this Article for a specific use apply to the particular individual use, regardless of the review procedure by which it is approved, unless otherwise specified in this Ordinance. Every use shall comply with all applicable county, state, and federal regulations.

(a)

Located a minimum of 400 feet from any boundary of a town within the County.

(b)

Located a minimum of 400 feet from any primary highway and 200 feet from any secondary highway or other right-of-way for passage.

(c)

Located a minimum of 400 feet from any residential district and from any existing residence not located on the same parcel.

(d)

Setback 400 feet from any adjacent landowner property line.

(e)

Located a minimum of 400 feet from any religious assemblies, public or private schools, and other public-owned facilities.

(f)

Located a minimum of 400 feet from any river, creek, spring, reservoir, or any public or private water supply system, including, but not limited to, wells or cisterns unless a greater distance is required by State or Federal requirements, including, but not limited to, the Chesapeake Bay Act and the Virginia Department of Conservation and Recreation.

(g)

Agriculture, intensive uses shall submit an approved Nutrient Management Plan and any Federal and State permits prior to the issuance of any building permits for the use.

(a)

The minimum required area for the use is five acres.

(b)

Kennel, private as an accessory use shall be subject to the use requirements under this Article.

(a)

The minimum required area for the use is five acres.

(b)

Kennel, private as an accessory use shall be subject to the use requirements under this Article.

(a)

The lot shall be a minimum of 20 acres.

(b)

Any buildings, barns, pens, and areas for the keeping of animals or animal waste storage shall be located at least 400 feet from any residential district lot line and any existing dwelling unit not located on the same parcel.

(c)

Any buildings, barns, pens, and areas for the keeping of animals or animal waste storage shall be located at least 200 feet from any adjacent lot line not within a residential district.

(d)

Any buildings for the keeping of animals shall be located at least 200 feet from a primary highway or other right-of-way for passage and 100 feet from any secondary highway.

(e)

Riding surfaces shall be covered and maintained with a substance to minimize dust and erosion.

(f)

Fencing and other means of animal confinement shall be maintained at all times.

(g)

Pens, stalls, and grazing areas shall be maintained in a sanitary manner.

(a)

Any buildings, barns, pens, and areas for the keeping of animals or animal waste storage shall be located at least 400 feet from any residential district lot line and any existing dwelling unit not located on the same property.

(b)

Any buildings, barns, pens, and areas for the keeping of animals or animal waste storage shall be located at least 200 feet from any adjacent lot line not within in a residential district.

(c)

Any buildings for the keeping of animals shall be located at least 200 feet from a primary highway or other right-of-way for passage and 100 feet from any secondary highway.

(d)

Riding surfaces shall be covered and maintained with a substance to minimize dust and erosion.

(e)

Fencing and other means of animal confinement shall be maintained at all times.

(f)

Pens, stalls, and grazing areas shall be maintained in a sanitary manner.

(g)

Educational projects (e.g., 4-H Livestock) in a R-1 or R-2 district are exempt from this use but are permitted separately by County Code. However, associated structures must comply with accessory building standards unless otherwise regulated in the County Code.

(a)

The manufactured home dwelling shall comply with the Virginia Manufactured Housing Construction and Safety Standards Law.

(b)

The manufactured home dwelling shall be placed on a permanent foundation and shall comply with the requirements of the Virginia Uniform Statewide Building Code, including skirting requirements.

(c)

Two or more manufactured home dwellings shall not be joined or connected together as one dwelling, nor shall any accessory building be attached to a manufactured home dwelling. This does not prohibit manufactured home dwellings designed and manufactured as multi-section homes.

(a)

Manufactured home parks shall have access to a paved road or major collector road. The design and construction of the interior street system shall be sufficient to adequately serve the size and density of the development. All interior streets shall conform and be constructed to the specification of the Virginia Department of Transportation.

(b)

Every manufactured home park shall be enclosed with an approved fence or planted hedge not less than seven feet in height and with no openings to adjoining property other than the required entrances and exits to streets or public spaces.

(c)

All manufactured parks shall be provided with central water system and an approved sewer system, by the Virginia Health Department, and all manufactured homes within a manufactured home park shall be required to hook up to such systems.

(d)

No manufactured home site shall extend into a floodplain.

(e)

An acceptable garbage and refuse collection program and temporary storage system shall be provided, with such program and physical system subject to final plan approval.

(f)

Any expansion of existing manufactured home parks must result in full compliance with all regulations contained in this section.

(a)

The minimum required area for the use shall be five acres.

(b)

A site plan shall be submitted for consideration along with the application for a conditional use permit. Such plans shall include provisions for the protection of environmental features on the campground site and for stormwater management.

(c)

No more than one permanent residence shall be allowed in a campground, which shall only be occupied by the owner or manager.

(d)

The camping area shall comply with all sanitary and other requirements prescribed by law or regulations.

(e)

All bulk solid waste receptacles shall be maintained in a clean condition. Such receptacles shall be enclosed on all four sides to shield it from public view or from unauthorized access. The owner of the premises benefitted by a bulk solid waste receptacle shall maintain the screening in workable and effective condition.

(f)

Main campground roads shall be paved or treated to prevent dust.

(g)

Each camping site shall also have one parking space, with minimum dimensions of ten feet by 20 feet.

(h)

Patrons in campgrounds may stay no longer than 14 nights in any 30-day period or 45 nights in any one calendar year. The owner of a campground shall maintain a log of all patrons, including their name, address, license plate number and state, and their length of stay. The log shall be available to County staff upon request.

(i)

Retail sales for the convenience of campground tenants are permitted. Items are limited to food, concessions, recreational supplies, personal care items, and other items clearly supportive of campground tenants' needs.

(j)

The sale and/or storage of recreational vehicles that are not occupied nightly is strictly prohibited.

(k)

The overall design shall evidence a reasonable effort to preserve the natural amenities of the site. Where natural vegetation is not sufficient to provide a visual screen then buffer landscaping is required as outlined in Section 36.489, Buffering.

(l)

Accessory structures or recreation facilities, washrooms, swimming pools, game courts, and the like shall not be located closer than 100 feet to any campground boundary or closer than 200 feet to any lot in a residential district.

(m)

Within 12 months of opening the campground, each site shall be marked to be readily identifiable and easily readable from the park or camp road.

(a)

The approval of a cemetery shall include the following uses without further zoning approval required: all uses necessarily or customarily associated with interment of human remains, benches, ledges, walls, graves, roads, paths, landscaping, and soil storage consistent with federal, state, and local laws on erosion and sediment control.

(b)

Mausoleums, columbaria, chapels, administrative offices, and maintenance storage areas that are shown in the applicant's plan of development shall not require additional local legislative approval provided such structures and uses are developed in accordance with the original plan of development. This subsection shall not supersede any permission adopted pursuant to Code of Virginia, § 15.2-2306.

(a)

Any outdoor activity area, swimming pool, ball field, or court that adjoins a residential lot line shall include screening and buffering in accordance with the landscape section of this Ordinance.

(b)

Where nighttime lighting is proposed, it shall be set to automatically extinguish during park closure, and if games/events are extended beyond normal park hours it shall extinguish 1 hour after last game/event of the day. Large evergreen trees shall be required to appropriately screen any adjoining residences.

(c)

Any active recreational area, including, but not limited to, swimming pools, ball fields, or courts, shall not be located closer than 50 feet to any property line.

(a)

No portion of the use, excluding required screening and landscape buffers, shall be located within 150 feet of a residential district or structure containing a dwelling unit.

(b)

All repairs and maintenance of vehicles, including parts installation, shall be performed within a completely enclosed building.

(c)

No exterior display or storage of new or used automobile parts shall be permitted.

(d)

Outdoor storage, including temporary on-site storage of vehicles awaiting, repair, service, or removal, as an accessory use, where permitted, shall be subject to the use requirements of this Article.

(e)

There shall be no storage of motor vehicles within 150 feet of the public road right-of-way.

(a)

No vehicle or equipment displays shall be located within a required yard, setback, fire lane, travel way, sidewalk, or landscaped area.

(b)

All vehicles for sale shall be parked in a parking space or a vehicle display pad.

(c)

The vehicle display pad may be elevated up to four feet above adjacent displays or grade level.

(d)

No vehicle or other similar items shall be displayed on the top of a building.

(e)

Any display of new goods or merchandise shall be permitted; no other displays are permitted.

(f)

All accessory vehicle maintenance or service shall be conducted within a completely enclosed building and subject to the use requirements of this Article.

(g)

All vehicles must be operational.

(h)

Outdoor storage, including temporary on-site storage of vehicles awaiting, repair, service, or removal, as an accessory use, where permitted, shall be subject to the use requirements of this Article.

(a)

Car washes shall be located and designed so that vehicular circulation does not conflict with traffic movements in adjacent streets, service drives, and/or parking areas.

(b)

Any use that has a car wash shall treat the car wash as a primary use for the purposes of setbacks, buffers, and landscaping.

(c)

No sales, repair, or outside storage of motor vehicles shall be conducted on the site.

Outdoor

storage as an accessory use, where permitted, shall be subject to the use requirements of this Article.

Outdoor

storage as an accessory use, where permitted, shall not exceed 30 percent of the total site area and shall be subject to the use requirements of this Article.

(a)

Screening and landscape buffers are required as provided in Article VII of this Ordinance.

(b)

All repairs shall be performed within a completely enclosed building.

(c)

No exterior display or storage of new or used equipment or parts is permitted.

(d)

There shall be no storage of equipment within 150 feet of the public road right-of-way.

(e)

Outdoor storage, including temporary on-site storage of vehicles awaiting, repair, service, or removal, as an accessory use, where permitted, shall be subject to the use requirements of this Article.

(a)

No equipment displays shall be located within a required yard or setback.

(b)

The display pad may be elevated up to four feet above adjacent displays or grade level.

(c)

There shall not be more than one elevated equipment display for every 100 feet of street frontage.

(d)

No display shall be on the top of a building.

(e)

Any display of new goods or merchandise shall be permitted; no other displays are permitted.

(f)

All accessory maintenance or service shall be conducted within a completely enclosed building and subject to the use requirements of this Article.

(g)

All equipment must be operational.

(h)

Outdoor storage as an accessory use, where permitted, shall not exceed 30 percent of the total site area and shall be subject to the use requirements of this Article.

(a)

Applicants shall demonstrate that the gasoline station will be compatible with the neighborhood with regards to traffic circulation, parking, and appearance and size of structures.

(b)

Entrances to the site shall be minimized and located in a manner promoting safe and efficient traffic circulating while minimizing the impact on the surrounding neighborhood.

(c)

Fuel pumps shall be located at least 20 feet from any property line.

(d)

Gasoline canopy shall be designed and built to be compatible with the principal use.

(e)

Dumpster screening shall be in compliance with the standards provided in Article VII of this Ordinance.

(f)

There shall be no storage of automobiles, trailers, recreational vehicles, boats, or similar equipment.

(g)

Sales of limited fuel oil or bottled gas is permitted as an accessory use.

(h)

The Zoning Administrator may require a traffic analysis to be provided by the applicant. Such analysis may include, but not be limited to, the proposed traffic flows, sight visibility for emerging vehicles, and other public safety factors.

(i)

Fuel dispensers, pump islands, overhead canopy, and air and water dispensers shall be removed upon cessation of the use for a period of more than one year.

(a)

No portion of the use, excluding required screening and landscape buffers, shall be located within:

(1)

100 feet from the property lines of adjoining agricultural zoned property;

(2)

400 feet from the property lines of adjoining residential zoned property; and

(3)

400 feet from any dwelling not on the associated parcel.

(b)

All exterior runs, play areas, or arenas shall be designed with a minimum six-foot high opaque screen from adjacent lot lines and street rights-of-way.

(c)

Kennels must be kept free of waste on a regular basis to minimize impacts of odor and reduce propagation of insects.

(a)

Each stand for the retail sale of holiday goods, including fireworks, shall obtain a zoning permit by the Zoning Administrator prior to setup and sales.

(b)

Each stand shall be permitted for a period not to exceed 60 consecutive days.

(c)

No more than four permits shall be issued for the same lot during a calendar year.

(d)

No permit shall be issued to an applicant unless and until at least 30 consecutive days after a permit issued to that applicant for the same or an adjacent lot or parcel has expired.

(e)

The outdoor sales stand or display shall setback at least 35 feet from any public right-of-way.

(f)

Parking shall be supplied on the site of the primary use and not along the public right-of-way.

(a)

Stacking spaces shall not interfere with the travel way traffic or designated parking spaces.

(b)

A minimum of six stacking spaces shall be located behind the order speaker and four stacking spaces shall be located between the order speaker and the pickup window.

(a)

The following additional requirements apply to sales from a mobile restaurant operating on private property or within public spaces or rights-of-way, except when operating in conjunction with temporary, special events permitted under applicable sections of the County Code:

(1)

Mobile restaurants must obtain a County Mobile Restaurant permit at least three business days prior to initial operation. The permit shall be valid January 1 ^st (or from whatever date the permit is first issued) through December 31 ^st of the calendar year and shall be renewed annually.

(2)

Mobile restaurants must maintain a valid business license issued by the County and a valid health permit issued by the Virginia Department of Health.

(3)

A mobile restaurant may operate on either public property or private business zoned property or industrial zoned property with written permission from the owner.

(4)

No items shall be sold other than food and beverages.

(5)

No music shall be played that is audible outside of the vehicle.

(6)

Mobile restaurant vehicles shall not block: i) the main entry drive isles or impact pedestrian or vehicular circulation overall, (ii) other access to loading areas, or (iii) emergency access and fire lanes. The Mobile Restaurant must also be positioned at least 15 feet away from fire hydrants, any fire department connection (FDC), driveway entrances, alleys, and handicapped parking spaces.

(7)

A mobile restaurant may operate between 6:00 a.m. and 9:00 p.m. Sunday to Thursday and between 6:00 a.m. to 11:00 p.m. Friday and Saturday (including set-up and break-down) on any one day at any single location, except during national holidays and county events during which a mobile restaurant may operate between 6:00 a.m. and 12:00 a.m. midnight. The vehicle and all accessory structures shall be removed each day.

(8)

No signs may be displayed except:

a.

Those permanently affixed to the vehicle.

b.

One, A-framed sign not to exceed four feet in height and six square feet of display for each of the two sides; the sign cannot block any passageways.

(9)

Trash receptacles shall be provided, and all trash, refuse, or recyclables generated by the use shall be removed from the site by the operator at the end of the business day.

(10)

No liquid wastes shall be discharged from the mobile restaurant.

(11)

No mobile restaurant shall locate within 100 feet of the entrance to a business that sells food for consumption (determined by measuring from the edge of the Mobile Restaurant to the main public entrance of the restaurant) unless permission of the restaurant owner is provided.

(12)

No mobile restaurant shall locate within 100 feet of a single-family or two-family residential use.

(13)

A mobile restaurant may operate at any farmer's market held on public or private property, if the food truck vendor is legally parked at the farmer's market and has received written permission from the farmer's market manager and displays such written permission upon request.

(14)

The operation of the mobile restaurant or use of a generator should not be loud enough to be greater than 50 dBA at 100 feet away. Excessive complaints about vehicle or generator noise will be grounds for the Administrator to require that the Mobile Restaurant Vendor change location on the site or move to another property.

(15)

The requirements of this section shall not apply to Mobile Restaurant Vendors at catered events (events where the food is not sold through individual sales but provided to a group pursuant to a catering contract with a single payer).

(16)

A Mobile Restaurant permit may be revoked by the Zoning Administrator at any time, due to the failure of the property owner or operator of the Mobile Restaurant permit to observe all requirements for the operation of mobile restaurants. Notice of revocation shall be made in writing to address of record for Mobile Restaurant permit holder. Any person aggrieved by such notice may appeal the revocation to the Board of Zoning Appeals.

(a)

Distances specified in this section shall be measured from the property line of one use to the property line of the other. The distance between an adult store and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residential zoning district.

(1)

An adult store shall be located at least 1,000 feet from any religious assembly, public assembly, nursing home, hotel, bed and breakfast, or residential zoning district in existence on the date on which the store obtains its zoning permit.

(2)

An adult store shall be located at least 2,500 feet from any education facility, public recreational facility, or day care center in existence on the date on which the store obtains its zoning permit.

(3)

No adult store shall be located within 1,000 feet of any other adult store.

(b)

No adult store shall display adult media, depictions of specified sexual activities or specified anatomical areas in its window, or in a manner visible from the street, highway, or public sidewalk, or the property of others. Window areas shall remain transparent.

(c)

Signs may not include graphic or pictorial depiction of material available on the premises.

(d)

The store shall not begin service to the public or any outside activity before 11:00 a.m. and shall not extend after 11:00 p.m. local time.

(a)

Entrances to the site shall be minimized and located in a manner promoting safe and efficient traffic circulating while minimizing the impact on the surrounding neighborhood.

(b)

Dumpsters shall be located to minimize view from off-site areas and shall screened in compliance with Article VII of this Ordinance.

(c)

There shall be no fuel pumps or the selling of fuel for motor vehicles.

(d)

There shall be no storage of automobiles, trailers, recreational vehicles, boats, or similar equipment.

(e)

The Zoning Administrator may require a traffic analysis to be provided by the applicant. Such analysis may include, but not be limited to, the proposed traffic flows, sight visibility for emerging vehicles, and other public safety factors.

Outdoor storage as an accessory use, where permitted, shall not exceed 30 percent of the total site area and shall be subject to the use requirements of this Article.

(a)

Any treatment rooms, cages, pens, or kennels shall be maintained within a completely enclosed soundproof building.

(b)

Such hospital or clinic be operated in such a way as to produce no objectionable noise or odors outside its walls.

(a)

Bulk storage of fuel shall comply with National Fire Protection Association (NFPA), U.S. Environmental Protection Agency, and any other applicable federal, state, and local standards.

(b)

Fuel dispensers shall be located at least 30 feet from any public street right-of-way and shall be located at least 100 feet from any adjoining residential property line.

(c)

Bulk storage shall be buffered in accordance with Article VII, Division 4, of this Ordinance.

(a)

No portion of the use, excluding required screening and landscape buffers, shall be located within 150 feet of a residential district or structure containing a dwelling unit.

(b)

Storage yards for construction materials and equipment shall be designed and located to minimize visual impacts on adjacent properties and public rights-of-way.

(c)

All portions of such storage yards shall be treated and maintained in such manner as to prevent dust or debris from blowing or spreading onto adjoining properties or onto any public right-of-way.

(d)

Construction yards shall be screened by a solid wall or fence, including solid entrance and exit gates, not less than six feet nor more than ten feet in height. All fences and walls shall have a uniform and durable character and shall be property maintained.

(e)

When fences and walls are adjacent to business or residential districts, a landscaped buffer must be provided to break visibility of the fence in accordance with the landscape section of this Ordinance.

(f)

No wall or fence screening a storage area shall encroach into a sight distance triangle.

(g)

Parts, materials, and equipment stored in the storage yard shall not be stacked higher than the screening wall or fence.

(a)

No junkyard, salvage yard, or automotive wrecking yard or graveyard shall hereafter be established with any portion of its area within 150 feet of a public street, road, or highway.

(b)

No portion of the use, excluding required screening and landscape buffers, shall be located within 150 feet of a residential district or structure containing a dwelling unit.

(c)

All such yards shall be screened effectively from view from public streets or highways, public spaces, and adjacent property in a residential or business district by natural vegetation, topography or other means and shall be surrounded by an opaque structural fence or wall not less than eight feet in height. All fences and walls shall have a uniform and durable character and shall be properly maintained.

(d)

Inoperative vehicles or parts thereof shall not be collected or stored outside the required fence or in piles more than six feet in height.

(e)

The collection or storage of any material containing or contaminated with dangerous explosives, chemicals, gases, or radioactive substances is prohibited.

(f)

Every junkyard, salvage yard, or automobile wrecking yard or graveyard shall be operated and maintained in such a manner as not to allow the breeding of rats, flies, mosquitoes, or other disease-carrying animals and insects.

(a)

The standards of this section apply whenever a conditional use permit is sought for a broadcasting or communications tower, as this use is defined in the definitions of this Ordinance. Any wireless communication antenna which meets the definition of an "Administrative review-eligible project" as defined in the Code of Virginia, § 15.2-2316.6, is considered a "Utility Service, Minor" by this Article and is not subject to the provisions of this section.

(b)

General standards:

(1)

The following sites shall be considered by applicants as the preferred order of location of proposed broadcasting or communication facilities:

a.

Existing broadcasting or communication towers.

b.

Public structures, such as water towers, utility structures, fire stations, bridges, steeples and other public buildings not utilized primarily for residential uses.

c.

Property zoned Agricultural.

d.

Property zoned Business or Industrial.

e.

Property zoned Residential or Planned Unit Development.

(c)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of Board of Supervisors 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 shall consist of any of the following:

(1)

No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements, as documented by a qualified and licensed professional engineer.

(2)

Existing towers or structures do not have sufficient height to meet applicant's engineering requirements, as documented by a qualified and licensed professional engineer.

(3)

The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost.

(4)

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

(5)

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. Costs exceeding new tower development are deemed unreasonable.

(6)

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

(d)

The maximum height of any Broadcasting and Communication Tower shall be made a condition of the conditional use permit. No facility shall be greater than 125 feet. Exceptions provided when included in a church steeple, bell tower, water tower, light pole, or other similar architecturally compatible structure.

(e)

Towers and equipment attached to existing structures shall not extend more than 25 feet beyond the existing structure and must be designed to be architecturally compatible.

(f)

Broadcasting or communication towers shall conform with each of the following minimum setback requirements:

(1)

Towers shall have a minimum front, side, and rear yard setback equal to the height of the tower.

(2)

Tower's guys and accessory structures shall satisfy the minimum setback requirements of the underlying zoning district.

(3)

Towers shall not be located between the principal structure and a public street.

(4)

No habitable structures or places where people gather shall be located within any "fall zone" as certified by a registered professional engineer licensed in Virginia.

(5)

A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the Board of Supervisors, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light pole, utility pole, water tower, public facility, or similar structure.

(g)

More than one tower may be permitted on a lot provided all setback requirements have been met.

(h)

All broadcasting or communication facilities shall be designed, structurally, electrically, and in other respects, to accommodate both the applicant's antennas and comparable antennas for at least three additional users, if the tower is over 100 feet in height, or for at least two additional users if the tower is over 60 feet in height.

(i)

Proposed towers and antennas shall meet the following design requirements:

(1)

Towers and antennas shall be designed to blend into the surrounding environment using color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

(2)

Broadcasting or communication towers shall be of a monopole design unless the Board of Supervisors determines that an alternative design would better blend into the surrounding environment.

(3)

Towers shall be designed to collapse fully within the lot lines of the subject property in case of structural failure.

(j)

Replacement of existing towers may be replaced without the need for a conditional use permit, subject only to administrative site plan, zoning permit, building permit, and other applicable approvals if the following are met:

(1)

The development standards supplied in this section are met with the exception that:

a.

The replacement tower is not required to meet current setbacks so long as the replacement tower and equipment compound do not encroach further than the existing tower; and

b.

The replacement tower is not required to meet the height limitations so long as the replacement tower does not exceed the existing tower height.

(2)

The existing tower being replaced, including tower base and foundation, must be removed within six months of the initial operation of the new tower.

(k)

Towers shall be illuminated as required by the Federal Communications Commission, (FCC) but no lighting shall be incorporated if not required by the FCC, other than essential security lighting. Site lighting shall full cut-off and directed downward. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(l)

A buffer yard shall be provided surrounding the facility. The conditional use permit application shall include a landscape plan showing the locations, species, and size at planting for the landscaping proposed. The evergreens shall have an initial height and spacing sufficient to provide immediate screening of the accessory ground mounted equipment or structures.

(m)

Signage on site shall be limited to no trespassing or safety signs to be positioned on the fence surrounding the facility. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

(n)

No new or existing telecommunications service shall interfere with public safety communications. Before the introduction of new service or changes in existing service, telecommunications providers shall notify the County at least ten calendar days in advance of such changes and allow the County to monitor interference levels during the testing process.

(o)

There shall be no outdoor storage associated with the facility.

(p)

A bond, whose amount shall be approved by the Zoning Administrator shall be required to assure the removal of an abandoned telecommunications facility. All towers and associated facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Zoning Administrator. In the event that a tower is not removed within six months of the cessation of operations at a site, the tower and associated facilities may be removed by the County, utilizing the bond and any remaining costs of removal assessed against the owner of the tower or the landowner.

(q)

Applications requirements. In addition to the outlined conditional use permit requirements outlined in Article III, Division 5 of this Ordinance the following are also required with broadcasting and communication tower requests:

(1)

A map showing the designated search ring.

(2)

Identification of the intended service providers of the tower.

(3)

Title report or American Land Title Association (A.L.T.A.) survey showing all easements on the tower area, lease area and access to the tower.

(4)

Verifiable evidence of the lack of feasible antenna space on existing towers, buildings, or other structures suitable for antenna location within the coverage area.

(5)

An engineering report stating the number of collocation spaces on the proposed tower.

(6)

An agreement allowing the County to collocate on the tower for the purpose of emergency service communications.

(7)

A proposed construction schedule.

(8)

The applicant shall certify through a written statement that the facility meets or exceeds the standards for electrometric radiation as set by the Federal Communications Commission ("FCC") at the time of the application.

(9)

A radio frequency propagation plot indicating the coverage of the applicant's existing wireless communications sites within the area and coverage prediction of the proposed facility.

(10)

The applicant shall provide at least two actual photographs of the site that include simulated photographic images of the proposed tower. The photographs with the simulated image shall illustrate how the facility will look from adjacent roadways, nearby residential areas, or public building such as a school, religious assembly, and the like. The County staff reserves the right to select the locations for the photographic images and require additional images. As photo simulations may be dependent upon a balloon test first being conducted, the applicant is not required to submit photo simulations with their initial application but must provide them prior to the public hearing with the Planning Commission.

(11)

List of all adjacent property owners, their tax map numbers, and addresses.

(12)

Aerial imagery which shows the proposed location of the tower, fenced area, and driveways with the closest distance to all adjacent property lines and dwellings.

(13)

The County may require other information deemed necessary to assess compliance with this Article.

(r)

Procedures and Process.

(1)

Balloon test. A balloon test shall be required for new towers prior to the public hearing with the Planning Commission.

a.

The applicant shall arrange to raise a colored balloon (no less than three feet in diameter) at the maximum height of the proposed tower and within 50 horizontal feet of the center of the proposed tower.

b.

The applicant shall inform the community development department and adjacent property owners in writing of the date and times of the test at least seven but no more than 14 days in advance. The notice will direct readers to a new date if the test is postponed due to inclement weather. The applicant shall request in writing permission from the adjacent property owners to access their property during the balloon test to take pictures of the balloon and to evaluate the visual impact of the proposed tower on their property.

c.

The date, time and location of the balloon test shall be advertised in the County's newspaper of record by the applicant at least seven but no more than 14 days in advance of the test date. The advertisement will direct readers to a new date if the test is postponed due to inclement weather.

d.

The balloon shall be flown for at least four consecutive hours during daylight hours on the date chosen.

e.

Signage shall be posted on the property to identify the property where the balloon is to be launched. The signage will direct readers to a new date if the test is postponed due to inclement weather. This signage shall be posted a minimum of 72 hours prior to the balloon test. If inclement weather postpones the test, then cancellation of the test for that day shall be clearly noted on the signage.

f.

If the wind during the balloon test does not allow the balloon to sustain its maximum height or there is significant fog or precipitation which obscures the balloon's visibility then the test shall be postponed and moved to the alternate inclement weather date provided in the advertisement. County staff reserves the right to declare weather inclement for purposes of the balloon test.

(2)

Community meeting. A community meeting shall be held by the applicant prior to the public hearing with the Planning Commission.

a.

The applicant shall inform the community development department and adjacent property owners in writing of the date, time, and location of the meeting at least seven but no more than 14 days in advance.

b.

The date, time, and location of the meeting shall be advertised in the County's newspaper of record by the applicant at least seven but no more than 14 days in advance of the meeting date.

c.

The meeting shall be held within the County, at a location open to the general public with adequate parking and seating facilities which may accommodate persons with disabilities.

d.

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

e.

The applicant shall provide to the community development department a summary of any input received from members of the public at the meeting.

(3)

Approval process and time restrictions.

a.

The approving bodies, in exercise of the County's zoning regulatory authority, may disapprove an application on the grounds that the tower's aesthetic effects are unacceptable, or may condition approval on changes in tower height, design, style, buffers, or other features of the tower or its surrounding area. Such changes need not result in performance identical to that of the original application.

b.

Factors relevant to aesthetic effects are: the protection of the view in sensitive or particularly scenic areas, and areas containing unique natural features, scenic roadways or historic areas; the concentration of towers in the proposed area; and, whether the height, design, placement or other characteristics of the proposed tower could be modified to have a less intrusive visual impact.

c.

The approving bodies, in accord with Code of Virginia, § 15.2-2316.4:2, may disapprove an application based on the availability of existing wireless support structures within a reasonable distance that could be used for co-location at reasonable terms and conditions without imposing technical limitations on the applicant.

d.

Unless some other timeframe is mutually agreed upon, an application for a tower shall be reviewed by the County and a written decision shall be issued within 150 days of a completed submission.

e.

Unless some other timeframe is mutually agreed upon, an application for collocation shall be reviewed by the County and a written decision shall be issued within 90 days of a completed submission.

f.

A complete application for a project shall be deemed approved if the locality fails to approve or disapprove the application within the applicable period specified or mutually agreed upon.

g.

If the County disapproves an application, it must provide the applicant with a written statement of the reasons for disapproval. If the locality is aware of any modifications to the project as described in the application that if made would permit the locality to approve the proposed project, the locality shall identify them in the written statement provided. The written statement must contain substantial record evidence and be publicly released within 30 days of the decision.

(s)

Appeal. An applicant adversely affected by the disapproval of an application for a standard process project may file an appeal within 30 days following notice to the applicant of the disapproval.

(a)

No motor vehicle work shall be permitted in association with a parking facility except under emergency service work.

(b)

Parking shall be the principal use of all parking facilities. Spaces may be rented for parking, but no other business of any kind shall be conducted in the structure except County sanctioned farmer's markets or permitted mobile restaurants.

(a)

No structure and no storage of lumber, logs, chips, or timber shall be located closer than 100 feet to any lot line. Trees and vegetation within the 100-foot setback shall be maintained as a buffer to abutting properties and uses, provided that during the last three months of operation the trees may be removed.

(b)

No saw, planer, chipper, conveyor, chute, or other similar machinery shall be located closer than 600 feet from any dwelling on any lot other than the lot on which the sawmill, planning mill, or wood yard is located.

(c)

All timbering and milling operations, including reforestation/restoration and the disposal of snags, sawdust, and other debris, shall be conducted in accordance with the regulations of the Virginia Department of Forestry.

(a)

In accordance with Code of Virginia, § 15.2-2316.4, small cell facilities shall be permitted by right in all zoning districts subject to the following general performance standards:

(1)

The small cell facility shall be installed by a wireless services provider or wireless infrastructure provider on an existing structure.

(2)

The wireless services provider or wireless infrastructure provider has obtained permission from the owner of the existing structure to collocate the small cell facility on the existing structure and to collocate the associated transmission equipment on or proximate to the existing structure.

(3)

Each antenna is located inside an enclosure of, or the antenna and all its exposed elements could fit within an imaginary enclosure of, no more than six cubic feet.

(4)

Excluding electric meter, concealment, telecommunications demarcation boxes, backup power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services, all other equipment associated with the facility does not exceed 28 cubic feet, or such higher limit as may be established by the Federal Communications Commission.

(5)

Wireless facilities which do not meet the criteria to be deemed a small cell facility shall be deemed mobile and land-based telecommunications facilities. Such facilities may be permitted pursuant to the applicable criteria and procedures of this Article.

(6)

A wireless services provider or wireless infrastructure provider may submit up to 35 permit requests for small cell facilities on a single application. Permit application fees shall be in accordance with Code of Virginia, § 15.2-2316.4.B(2).

(7)

Permit applications for small cell facilities shall be reviewed and approved as follows:

a.

Permit applications for the installation of small cell facilities shall be approved or disapproved within 60 days of receipt of the complete application. The 60-day period may be extended by staff upon written notification to the applicant, for a period not to exceed an additional 30 days.

b.

Within ten days of receipt of an application submission and a valid electronic mail address for the applicant, the applicant shall receive an electronic mail notification if the application is incomplete. If the application is determined to be incomplete, the notification shall specify the missing information which needs to be included in a resubmission in order to be determined complete.

c.

Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval. The disapproval may be based only on any of the following reasons:

1.

Material potential interference with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities.

2.

Public safety or other critical public service needs.

3.

In instances where the installation is to be located on or in publicly owned or publicly controlled property (excluding privately owned structures where the applicant has an agreement for attachment to the structure), aesthetic impact or the absence of all required approvals from all departments, authorities, and agencies with jurisdiction over such property.

(8)

A permit application approval shall not be unreasonably conditioned, withheld, or delayed.

(9)

An applicant may voluntarily submit, and staff may accept, any conditions that address potential visual or aesthetic effects resulting from the placement of small cell facilities.

(10)

The submission of a permit application shall represent a wireless services provider's or wireless infrastructure provider's notification of the County as required by Code of Virginia, § 15.2-2316.4(A).

(a)

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

(b)

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

(c)

Applications and procedures. In addition to other requirements of the Essex County Zoning and Subdivision Ordinance and conditional use permit requirements, conditional use applications for solar facilities shall include the following information:

(1)

Pre-application meeting. Schedule a pre-application meeting with Essex County to discuss the location, scale, and nature of the proposed use and what will be expected during that process.

(2)

Comprehensive Plan review. A 2232 review by the County as required by the Code of Virginia, § 15.2-2232 for utility-scale solar facilities. This Code provision provides for a review by the Planning Commission of public utility facility proposals to determine whether the general or approximate location, character and extent are substantially in accord with the Comprehensive Plan or part thereof.

(3)

Submit a complete conditional use permit application including:

a.

Documents demonstrating the ownership of the subject parcel(s).

b.

Proof that the applicant has authorization to act upon the owner's behalf.

c.

A letter of commitment from the utility company who will interconnect to the facility.

d.

List of all adjacent property owners, their tax map numbers, and addresses.

e.

A description of the current use and physical characteristics of the subject parcels including identification and percentage of Prime Farmland and Farmland of Statewide Importance.

f.

A description of the existing uses of nearby properties.

g.

A narrative identifying the applicant, owner, or operator, and describing the proposed solar energy facility project, including an overview of the project and its location, approximate rated capacity of the solar energy facility project, the approximate number of panels, representative types, expected footprint of solar equipment to be constructed, and type and location of interconnection to electrical grid.

h.

Aerial imagery which shows the proposed location of the solar energy facility, fenced area, driveways, and interconnection to electrical grid with the closest distance to all adjacent property lines and dwellings along with main points of ingress/egress.

i.

Fifteen sets (11" × 17" or larger), one reduced copy (8½" × 11") and one electronic copy of the concept plan in accordance with the requirements of Subsection (c)(4), including elevations and landscape plans as required.

j.

Payment of the application fee and any additional review costs, advertising, or other required staff time.

(4)

Concept plan. A concept plan prepared by an engineer with a professional engineering license in the Commonwealth of Virginia, that shall include the following:

a.

A description of the subject parcels.

b.

Property lines and setback lines.

c.

Existing and proposed buildings and structures; including preliminary locations of the proposed solar panels and related equipment; the location of proposed fencing, driveways, internal roads, and structures; and the location of points of ingress/egress.

d.

The location and nature of proposed buffers and screening elements, including vegetative and constructed buffers and wildlife corridors.

e.

A grading plan, elevation plan, and a landscape plan.

f.

A landscaping maintenance plan.

g.

Existing and proposed access roads, drives, turnout locations, and parking.

h.

Location of substations, electrical cabling from the solar energy facility systems to the substations, ancillary equipment, buildings, and structures including those within any applicable setback.

i.

Fencing or other methods of ensuring public safety.

j.

Distance to all adjacent property lines and dwellings.

k.

Demonstration of compliance with applicable conditions set forth in the Chesapeake Bay Preservation Area Overlay District.

l.

An inventory of all solar facilities, existing and proposed, within a four-mile radius.

m.

Environmental inventory and impact statement regarding any site and viewshed impacts, including direct and indirect impacts and mitigations, to wetlands, waterways, floodplains, endangered and threatened species, national and state forests, national and state parks, wildlife management areas, conservation easements, recreational areas, or any known historic or cultural resources within three miles of the proposed project.

n.

The applicant shall consult with the Department of Wildlife Resources and provide a written recommendation regarding wildlife corridors.

o.

Additional information may be required as determined by Essex County such as a scaled elevation view of the property and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed project from potentially sensitive locations as deemed necessary by Essex County to assess the visual impact of the project, landscaping and screening plan, coverage map, and additional information that may be necessary for a technical review of the proposal.

(5)

Decommissioning plan. Submit a detailed decommissioning plan, certified by an engineer, who has expertise in the removal of solar facilities, which shall include the following:

a.

The anticipated life of the project;

b.

The estimated decommissioning cost explicitly detailing in current dollars;

c.

The mechanism for calculating increased removal costs due to inflation and without reduction for salvage value;

d.

How the estimate was determined;

e.

The method, whether escrow, surety, or security, of ensuring that funds will be available for decommissioning and removal;

f.

The method that the estimated decommissioning cost will be recalculated every five (5) years and the surety updated accordingly; and

g.

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

(6)

Traffic study submitted with application modelling the construction and decommissioning processes. County staff will review the study in cooperation with VDOT.

(7)

Large-scale solar facilities and PPA facilities shall provide a copy of any subdivision covenants and restrictions associated with the site.

(8)

An economic cost/benefit analysis describing generated property taxes, sales taxes, other taxes, proffered payment, real property, or construction improvements related to the project, construction dollars spent locally, estimated construction jobs and construction payroll, estimated permanent jobs and continuing payroll, and costs associated with impact on roads and other county infrastructure in the area.

(9)

An estimated construction schedule.

(10)

A community impact assessment including economic impact shall be required and shall assess the various project tax and revenue options, including, but not limited to those in: Code of Virginia, §§ 58.1-2636, 58.1-3660, 15.2-2288.8, and §§ 15.2-2316.6—15.2-2316.9.

(11)

A visual impact analysis demonstrating project siting and proposed mitigation, if necessary, so that the solar energy facility minimizes impact on the visual character of the County, including, but not limited to, residences; historic, cultural, recreational, or environmentally sensitive areas; and scenic viewsheds.

a.

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

b.

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

(d)

Neighborhood meeting. A public meeting shall be held prior to the public hearing with the Planning Commission to give the community an opportunity to hear from the applicant and ask questions regarding the proposed project.

(1)

The applicant shall inform Essex County and adjacent property owners in writing of the date, time, and location of the meeting, at least seven but no more than 14 days, in advance of the meeting date.

(2)

The date, time, and location of the meeting shall be advertised in the County's newspaper of record by the applicant, at least seven but no more than 14 days, in advance of the meeting date.

(3)

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

(4)

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

(5)

The applicant shall provide to Essex County and adjoining property owners, a summary of any input received from members of the public at the meeting and the developer shall provide an action plan with the concerns raised, to adjoining property owners.

(e)

Minimum development and use standards.

(1)

Location standards for large-scale, Power Purchase Agreement (PPA), and utility-scale solar facilities. Facilities should locate on brownfields, County-owned capped landfills, or near existing industrial uses, where feasible. The location standards stated below are intended to mitigate the adverse effects of such uses on adjoining property owners, the area, and the County.

a.

The minimum area of a utility-scale solar energy facility shall be two (2) acres, and the maximum area shall be less than 500 acres, including the required open space.

b.

The maximum area of a large-scale solar energy facility or PPA solar energy facility shall be less than 50 contiguous acres.

c.

The equipment, improvements, structures, and percent of acreage coverage of a facility shall be shown on the approved concept plan and site plan.

d.

Utility-scale solar facilities shall be located a minimum of 1 mile outside the banks of the Rappahannock River.

e.

Utility-scale solar facilities shall preserve forest resources by maintaining natural buffers.

f.

Wetlands, waterways, and floodplains shall be avoided.

g.

Utility-scale solar energy facility shall be located at least three miles from a town boundary.

h.

Unless on a brownfield or capped landfill, facilities shall be located at least one mile from identified Rural Service Centers as depicted on the Future Land Use Map.

i.

Unless on a brownfield or capped landfill, facilities shall be located at least one mile from a Business and Employment district, a Deferred Development Service District, and Rural Residential Development as depicted on the Future Land Use Map.

j.

Utility-scale solar facilities shall be within one mile of electric transmission lines and any tie lines shall be located and buffered to block visibility from highways.

k.

Battery energy storage systems, if required, shall be installed near the substation and with industry best practices, including a Battery Management System (BMS) with 24/7 monitoring and automated fire suppression.

(2)

Concept plan compliance. The facility shall be constructed and operated in substantial compliance with the approved concept plan, with allowances for changes required by the Virginia Department of Environmental Quality Permit by Rule (PBR) process.

(3)

Setbacks.

a.

Setback is measured from external property lines to the project facilities, excluding roads and transmission poles.

b.

The minimum setback for utility-scale solar facilities to property lines shall be 150 feet.

c.

The minimum setback for large-scale solar and PPA solar facilities to property lines shall be in accordance with the setback requirements for that zoning district or 50 feet, whichever is greater. Facilities shall setback a minimum of 150 feet from any existing dwellings.

d.

The minimum setback for any battery storage units shall be 500 feet from any existing dwelling.

(4)

The maximum height of the lowest edge of the photovoltaic panels shall be 10 feet as measured from the finished grade. The maximum height of principal buildings and accessory buildings shall be 15 feet as measured from the finished grade at the base of the structure to its highest point, including appurtenances. The Board of Supervisors may approve a greater height based upon the demonstration of a significant need where the impacts of increased height are mitigated.

(5)

PV solar panels and any associated equipment shall not be located on slopes 10 percent or greater and no site shall be graded more than 50 percent of the site surface area.

(6)

Landscape buffer.

a.

Utility-scale solar facilities, including fencing, shall be significantly screened from the ground-level view of adjacent properties by a buffer zone at least 100 feet wide that shall be landscaped with a minimum of two staggered rows of eight (8)-foot tall evergreen trees. The remainder of the buffer shall be planted with staggered rows of evergreen tree plugs except to the extent that existing vegetation or natural land forms on the site provide such screening as determined by Essex County. In the event that existing vegetation or landforms providing the screening are disturbed, new plantings shall be provided that accomplish the same. Opaque architectural fencing may be used to supplement other screening methods but shall not be the primary method.

b.

Large-scale and PPA solar facilities shall be significantly screened from the ground-level view of adjacent properties by a buffer zone at least half the required setback that shall be landscaped with plant materials consisting of an evergreen and deciduous mix (as approved by County staff), except to the extent that existing vegetation or natural landforms on the site provide such screening as determined by the zoning administrator. In the event, existing vegetation or landforms providing the screening are disturbed, new plantings shall be provided which accomplish the same. Opaque architectural fencing may be used to supplement other screening methods but shall not be the primary method.

(7)

The facilities shall be enclosed by security fencing a minimum of eight (8) feet in height on the interior of the buffer area (not to be seen by other properties). A performance bond reflecting the costs of anticipated fence maintenance shall be posted and maintained. Failure to maintain the security fencing shall result in revocation of the conditional use permit and the facility's decommissioning.

(8)

Ground cover on the site shall be native vegetation where compatible with soil conditions and maintained in accordance with the landscaping maintenance plan and established performance measures. A performance bond reflecting the costs of anticipated landscaping maintenance shall be posted and maintained. Failure to maintain the landscaping shall result in revocation of the conditional use permit and the facility's decommissioning. Incorporation of native plant species that require no pesticides, herbicides, and fertilizers or the use of pesticides and fertilizers with low toxicity, persistence, and bioavailability is recommended. The operator shall notify the County prior to application of pesticides and fertilizers. The County reserves the right to request soil and water testing.

(9)

The utility-scale facility shall provide access corridors for wildlife to navigate through the Solar energy facility, at a number and design based on the Department of Wildlife Resources' guidance and acceptable to the County. The proposed wildlife corridors shall be shown on the concept plan submitted to the County and conditioned as part of the CUP. Areas between fencing shall be kept open to allow for the movement of migratory animals and other wildlife.

(10)

The design of support buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the facilities to the natural setting and surrounding structures.

(11)

The owner or operator shall maintain the solar energy facility in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the equipment and structures, as applicable, and maintenance of the buffer areas and landscaping. Site access shall be maintained to a level acceptable to the County. The project owner shall be responsible for the cost of maintaining the solar energy facility and access roads, and the cost of repairing damage to private roads occurring as a result of construction and operation.

(12)

A facility shall be designed and maintained in compliance with standards contained in applicable local, state, and federal building codes and regulations that were in force at the time of the permit approval.

(13)

A facility shall comply with all permitting and other requirements of the Virginia Department of Environmental Quality.

(14)

The applicant shall provide proof of adequate liability insurance for a solar energy facility prior to beginning construction and before the issuance of a zoning or building permit to Essex County.

(15)

Lighting fixtures as approved by the County shall be the minimum necessary for safety and/or security purposes to protect the night sky by facing downward and to minimize off-site glare. No facility shall produce glare that would constitute a nuisance to the public. Any exceptions shall be enumerated on the concept plan and approved by Essex County.

(16)

During operation, a utility-scale solar energy facility shall not produce a noise level that exceeds 65 dBA as measured at the property line or 50 dBA as measured at the nearest neighboring inhabitable building.

(17)

No signage of any type may be placed on the facility other than notices, warnings, and identification information required by law.

(18)

All facilities must meet or exceed the standards and regulations of the Federal Aviation Administration ("FAA"), State Corporation Commission ("SCC") or equivalent, and any other agency of the local, state or federal government with the authority to regulate such facilities that are in force at the time of the application.

(19)

Any other condition added by the Planning Commission or Board of Supervisors as part of a conditional use permit approval.

(f)

Decommissioning. The following requirements shall be met:

(1)

Solar facilities that have reached the end of their useful life or have not been in active and continuous service for a period of one year shall be removed at the owner's or operator's expense, except if the project is being repowered or a force majeure event has or is occurring requiring longer repairs; however, the County may require evidentiary support that a longer repair period is necessary.

(2)

The owner or operator shall notify Essex County by certified mail and in person of the proposed date of discontinued operations and plans for removal.

(3)

Decommissioning shall include removal of all solar electric systems, buildings, cabling, electrical components, security barriers, roads, foundations, pilings, and any other associated facilities, so that any agricultural ground upon which the facility and/or system was located is again tillable and suitable for agricultural or forestall uses. The site shall be graded and re-seeded to restore it to as natural a pre-development condition as possible or replanted with pine seedlings to stimulate pre-timber pre-development conditions as indicated on the Preliminary Site Plan. Any exception to site restoration, such as leaving access roads in place or seeding instead of planting seedlings, must be requested by the landowner in writing and shall be subject to Zoning Administrator approval.

(4)

The decommissioning, to include removal of solar facilities, regrading and reseeding and/or replanting shall be accomplished within 12 months.

(5)

Decommissioning shall be performed in compliance with the approved decommissioning plan. The Board of Supervisors may approve any appropriate amendments to or modifications of the decommissioning plan.

(6)

Hazardous material from the property shall be disposed of through any viable recycling methods and in accordance with federal and state law.

(7)

The estimated cost of decommissioning shall be guaranteed by the deposit of funds in an amount equal to the estimated cost in an escrow account at a federally insured financial institution approved by the County.

a.

The applicant shall deposit the required amount into the approved escrow account before any building permit is issued to allow construction of the solar energy facility.

b.

The escrow account agreement shall prohibit the release of the escrow funds without the written consent of the County. The County shall consent to the release of the escrow funds upon on the owner's or occupant's compliance with the approved decommissioning plan. The County may approve the partial release of escrow funds as portions of the approved decommissioning plan are performed.

c.

The amount of funds required to be deposited in the escrow account shall be the full amount of the estimated decommissioning cost without regard to the possibility of salvage value.

d.

The owner or occupant shall recalculate the estimated cost of decommissioning every five years. If the recalculated estimated cost of decommissioning exceeds the original estimated cost of decommissioning by ten percent (10%), the owner or occupant shall deposit additional funds into the escrow account to meet the new cost estimate. If the recalculated estimated cost of decommissioning is less than ninety percent (90%) of the original estimated cost of decommissioning, then the County may approve reducing the amount of the escrow account to the recalculated estimate of decommissioning cost.

e.

The County may approve alternative methods to secure the availability of funds to pay for the decommissioning of a utility-scale solar energy facility, such as a performance bond, letter of credit, or other security approved by the County.

f.

If the owner or operator of the solar energy facility fails to remove the installation in accordance with the requirements of this permit or within the proposed date of decommissioning, the County may collect the surety and the County or hired third party may enter the property to physically remove the installation.

(g)

Coordination of local emergency services. Applicants for new solar facilities shall coordinate with the County's emergency services staff to provide materials, education and/or training to the departments serving the property with emergency services in how to safely respond to on-site emergencies.

(h)

Conditions.

(1)

The Board may include other reasonable conditions as permitted by state law and as otherwise provided for in this Chapter, including, but not limited to:

a.

A condition(s) that requires: (i) dedication of real property of substantial value; or (ii) substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the granting of a conditional use permit, so long as such conditions are reasonably related to the project.

b.

The facility shall be constructed, maintained, and operated in substantial compliance with:

1.

The development standards under this article.

2.

The approved concept plan.

3.

Any other conditions imposed pursuant to a conditional use permit.

4.

Local, state, and federal requirements.

c.

The facility shall comply with decommissioning requirements as set forth and described in the application materials.

d.

The conditional use permit shall require submission and compliance with supplemental plans, including, but not limited to, site plans, grading plans, traffic management plans, construction mitigation plans, landscaping maintenance plans.

e.

The applicant shall consult with the Virginia Department of Conservation and Recreations' Division of Dam Safety and Floodplain Management to conduct an inspection and evaluation of the dams within the project area and assure compliance with the Dam Safety Regulations (4VAC50-20). The applicant shall make whatever repairs and renovations required by the Dam Safety Division prior to the issuance of final permits for construction of the solar energy facility.

f.

The conditional use permit shall require the applicant to submit an erosion and sediment control plan for review and approval by the County or by a qualified third-party, however, the third-party review shall not supersede any requirements imposed by state agencies. The erosion and sediment control plan shall be prepared and implemented as a sequential progression, demonstrating that not more than 25% of the Site be disturbed and unstabilized at any one-time during construction. The erosion and sediment control plan will provide the means and measures to achieve stabilization of the disturbed areas to comply with this condition. The applicant shall construct, maintain, and operate the solar energy facility in compliance with the approved plan.

g.

The applicant shall submit a stormwater management plan for review and approval by the County or by a qualified third party. The applicant shall construct, maintain, and operate the solar energy facility in compliance with the approved plan.

h.

The applicant shall pay additional fees to cover the reasonable and actual cost of any review of the erosion and sediment control plan, the stormwater plan, and inspections performed by County approved qualified third parties.

i.

If the solar energy facility does not receive a building permit within twenty-four (24) months of approval of the conditional use permit, the Permit shall be terminated.

j.

If the solar energy facility is declared out of compliance with any local, state, or federal codes, or any of the Special Use Permit conditions by the Zoning Administrator or the building official, the facility must be brought into compliance within fourteen (14) days or the conditional use permit shall be terminated through Board of Supervisor approval, and the Solar Facilities shall be decommissioned.

k.

The owner and operator shall give the County written notice of any change in ownership, operator, or Power Purchase Agreement within thirty (30) days.

l.

Applicant agrees to provide County with a list of capital equipment, including but not limited to solar photovoltaic equipment proposed to be installed, whether or not it has yet been certified as pollution control equipment by the State Corporation Commission or Virginia Department of Environmental Quality, all equipment related to any proposed battery storage facilities, and lists of all other taxable tangible property for taxable valuation. Thereafter, on an annual basis, Applicant shall provide County with any updates to this information. Further, Applicant agrees to provide the County all information it may in the future provide to the Virginia State Corporation Commission for the Commission's use in valuing such property for taxation purposes.

m.

The conditional use permit may require other use and operating requirements, such as requirements for lighting, noise, and vegetation, to mitigate impacts associated with the use.

(a)

The design and installation of all solar energy facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations and shall comply with all fire and safety requirements.

(b)

Small and medium scale energy facilities shall comply with all applicable federal, state, and local regulations, ordinances, and codes.

(c)

Any small or medium-scale solar energy facility shall submit a site plan to the Zoning Administrator and any small or medium-scale solar energy facility installed upon a roof top shall also submit an engineering study to the building official's office for review.

(d)

All small or medium-scale solar energy facilities shall comply with the following performance standards:

(1)

If the solar energy facility is ground-mounted or not flush-mounted on a principal or accessory building, the panel height shall not exceed 15 feet at the tallest point.

(2)

The solar energy facility shall comply with all setback requirements pursuant to the Dimensional Standards Table.

(3)

The lowest surface of any panel shall be a maximum of four feet above the finished grade on which the panel is located.

(4)

All wiring not on the solar arrays shall be underground except where necessary to connect to the public utility.

(5)

Landscaping and screening shall be provided for ground mounted solar to block visibility of the backside of the panel(s) and ancillary equipment from adjacent properties.

(6)

All broken or waste solar modules shall be removed from the site within 60 days of being taken out of service and disposed of in an approved site.

(e)

Removal of abandoned solar generating equipment.

(1)

A bond, whose amount shall be approved by the Zoning Administrator, shall be required to assure the removal of an abandoned solar energy facility. Small-scale residential solar is exempt.

(2)

Any solar energy facility that has not operated for a period of 12 months shall be considered unused and abandoned. The owner of an unused facility shall remove the entire system within six months of receipt of notice from the Zoning Administrator notifying the owner of the equipment removal requirement. Removal includes removing any underground structures or supports and may include electrical transmission wire and disposing in accordance with local, state, and federal codes and regulations. Small-scale residential solar is exempt.

(a)

Accessory buildings or structures in the A-1 or A-2 district shall meet the setbacks of the principal building for that district.

(1)

No accessory building or structure shall have a height greater than the principal building unless exempt in Section 36.290.

(b)

Accessory buildings or structures in the B-1, B-2, I-1, or I-2 district shall be subject to the following:

(1)

The accessory building or structure shall meet the setbacks of the principal building for that district.

(2)

No accessory building or structure shall have a height greater than the principal building unless exempt in Section 36.290.

(3)

The accessory building shall be constructed of materials that are not inferior to the principal building.

(c)

Accessory buildings or structures in the R-1, R-2, R-3, R-4, MH-1, or PUD district shall be subject to the following:

(1)

The total of all accessory structures shall not have a lot coverage that is greater than the principal building square footage (e.g., a home of 1,000 square feet is allowed an accessory structure or multiple accessory structures with a cumulative footprint of 1,000 square feet when setbacks and other restrictions can be met) except that accessory structures for residential townhouse use shall cover no more than 45% of the required rear yard.

(2)

No accessory building or structure shall have a height greater than the principal building unless exempt in Section 36.290.

(3)

The accessory building shall be constructed of materials that are not inferior to the principal building.

(4)

Setback and Placement. Accessory buildings or structures shall be placed in the side or rear yards and must meet a minimum setback of five feet from the adjacent lot line. Except for the following:

a.

Accessory buildings or structures on a lot adjacent to the Rappahannock River may be placed in the front yard but shall meet the front setback requirement for the district.

b.

Accessory buildings or structures on a corner lot shall meet the required corner side setback for the district.

c.

For residential townhouse use, accessory structures shall observe the same required front and corner side setbacks as the principal structure. No side or rear setback shall be required.

(5)

Residential accessory structures including, but not limited to, flag poles, basketball hoops, clotheslines, arbors, swings, structures less than six square feet in area, or residential yard ornaments shall be exempt from the minimum setback, lot area, and certification requirements as specified in this Ordinance.

(d)

Portable storage containers located outside of a fully-enclosed building or structure in a district other than a residential district or planned unit development and visible from adjacent properties or highways must be buffered in compliance with Article VII, Division 4, Section 36.489.

(e)

Portable storage containers located outside of a fully-enclosed building or structure in a residential district or the planned unit development district are subject to the following:

(1)

A zoning permit issued by the Zoning Administrator is required for any portable storage container located on a lot for more than 15 calendar days but is not allowed for more than 60 calendar days. There will be no fee for such permit and the permit shall be displayed on the exterior of the portable storage unit at all times.

(2)

The portable storage container must be placed a minimum of five feet from the property line, or on the driveway of the lot. One portable storage container may be placed in a legal parking place on the street for a period no longer than 15 days with the approval of the Public Works Department and the Fire Department when space is not available on-site.

(3)

Other than the required county zoning permit, no sign shall be attached to a portable storage container except to provide the contact information of the container provider.

(4)

Portable storage containers shall not be used in conjunction with a Type A or Type B home occupation or used as a principal use or principal building or structure.

(5)

The vertical stacking of portable storage containers and the stacking of any other materials or merchandise on top of any storage container shall be prohibited.

(6)

The provisions of this subsection shall not apply to properties where construction is actively occurring under a valid building permit.

(a)

An accessory dwelling unit is allowed only as accessory to a single-family detached dwelling.

(b)

Only one accessory dwelling is permitted per parcel.

(c)

Such structures shall comply with all dimensional standards that apply to the principal building.

(d)

An accessory dwelling unit shall not be subdivided or otherwise segregated in ownership from the principal single-family dwelling unit.

(e)

A manufactured home, alternative dwelling, or recreational vehicle, travel trailer, camper, or similar vehicle shall not be used as an accessory dwelling unit.

(f)

An accessory dwelling shall obtain all proper permits and comply with all applicable requirements of the Virginia Department of Health and the Virginia Uniform Statewide Building Code.

(g)

An accessory dwelling unit that is contained within a single-family dwelling may equal the existing finished square footage of the primary dwelling, such as a basement, attic, or additional level.

(h)

The floor area of an accessory dwelling unit contained within a separate structure shall be no more than 800 square feet in finished floor area.

(a)

A bed and breakfast is allowed only as accessory to a single-family detached dwelling.

(b)

The operator shall hold a valid business license from the County and, where applicable, a septic permit from the Department of Health showing adequate capacity.

(c)

The applicant must provide and sign a statement acknowledging they have appropriate insurance that covers the bed and breakfast unit, the host, and the guests.

(d)

Every room occupied for sleeping purposes shall comply with Uniform Statewide Building Code.

(e)

Signage must comply with the signage regulations of this Ordinance.

(f)

No changes shall be made to the building exterior that would detract from its appearance as a single-family dwelling.

(g)

Off-street parking shall be provided in compliance with this Ordinance. The physical and aesthetic impact of required off-street parking shall not be detrimental to the existing character of the house and lot or to the surrounding neighborhood.

(h)

Any additions or modifications for the bed-and-breakfast shall be residential in appearance and compatible with the original structure and surrounding structures.

(i)

Bed and breakfasts are to be integrated into the residential fabric of the neighborhood in which they are located. A proposed bed and breakfast should not affect the integrity or character of the single-family residential neighborhood for which it is proposed.

(j)

Off-street parking shall be screened from surrounding family residences by landscaping or fencing which is compatible with the neighborhood and minimizes visibility of vehicles and reduces headlight glare on adjacent properties.

(k)

Guest rooms shall not have cooking facilities.

(l)

The maximum stay for a guest shall be 30 consecutive days.

(m)

Bed-and-breakfast establishments are permitted to provide transient accommodations. Food services in connection with the use shall be limited to meals provided to guests taking lodging at the facility. Full restaurant service open to the general public is a separate use, permitted according to the district regulations. Additional activities, including receptions, parties, and other events, are not permitted unless specifically authorized by the conditional use permit. Authorization for additional activities will be based on the suitability of the house and property for hosting such events. Specific consideration will be given to the floor plan of the house, the proximity of the house to neighboring houses, the size of the lot, provisions to buffer the effects of such activities from adjacent property and the ability to provide parking for such events.

(n)

Creation of an event venue or gatherings fitting the definition of Assembly, place of, shall comply with the permit requirements of Assembly, place of, as outlined in this ordinance.

(a)

Such structures shall comply with all setback requirements that apply to the principal building.

(b)

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

(c)

The structure shall be no more than 300 gross square feet and shall comply with all applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.).

(d)

Prior to installing a temporary family health care structure, a permit must be obtained from the County and associated fees paid.

(e)

Any family health care structure shall comply with all applicable requirements of the Virginia Department of Health.

(f)

No signage advertising or promoting the existence of the structure shall be permitted on the exterior of the structure or anywhere on the property.

(g)

Any temporary family health care structure shall be removed within 60 days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired family member receiving services or assistance.

(h)

The County may revoke the permit if the permit holder violates any provision of this section.

(a)

The principal person conducting the home occupation accessory use shall be a full-time resident of the dwelling.

(b)

The area devoted to the home occupation shall not exceed more than the equivalent of one-half of one floor of the dwelling unit.

(c)

Use shall be conducted as an accessory use and shall not change the character of the dwelling unit; the use shall be conducted within the dwelling or an enclosed building and shall not have any exterior evidence of its use.

(d)

The type of traffic generated by a home occupation shall be consistent with the type of traffic of other dwellings in the area. No more than two customers may be on the property at any one time.

(e)

The home occupation shall not increase the demand on public water, public sewer, or garbage collection services to the extent that its use combined with the residential use of the dwelling shall not be significantly higher than is normal for residential uses.

(f)

No more than two vehicles associated with the home occupation shall be parked on the premises. The vehicles shall not exceed 10,000 pounds or have more than two axles.

(g)

Exterior storage of equipment, including open trailers and other business-related equipment, materials, or merchandise is prohibited.

(h)

The equipment used by the home business and the operation of the business shall not create any noise, vibration, heat, glare, dust, odor or smoke discernible at the property lines or use or store hazardous materials in excess of quantities permitted in residential structures.

(i)

The operator of a home occupation use shall secure a County business license and obtain a home occupation use permit.

(j)

Approval of a home occupation use shall be revocable at any time by the County because of the failure of the owner or operator of the use covered by the approval to observe all requirements of law with respect to the maintenance and conduct of the use and all conditions imposed in connection with the approval.

(k)

Approval of a home occupation use shall stand revoked, without any action by the County, if the use authorized has been intentionally abandoned, has ceased for a period of one year, has not commenced within one year of approval, or does not have a current business license.

(l)

One minor sign, not exceeding 3 square feet, in area, may be displayed indicating that the building is being utilized as a business.

(a)

Any pens or kennels shall be setback 100 feet from the property lines of adjoining agricultural zoned property;

(b)

Any pens or kennels shall be setback 400 feet from any property lines adjoining residential zoned property;

(c)

Any pens or kennels shall be setback 400 feet from any dwelling not on the associated parcel;

(d)

Screening, as approved by the Zoning Administrator, shall be provided to visually blocks pens or kennels from the front and closest side property lines;

(e)

Pens and kennels shall be kept free of waste on a regular basis to minimize impacts of odor and reduce propagation of insects.

(a)

Storage areas shall be screened by a solid wall or fence, including solid entrance and exit gates, not less than six feet nor more than ten feet in height. All fences and walls shall have a uniform and durable character and shall be properly maintained.

(b)

When fences and walls are adjacent to business or residential districts, a landscaped buffer must be provided to break visibility of the fence in accordance with the landscape section of this Ordinance.

(c)

Outdoor storage shall be on the side or rear of the principal structure and screened from view from any adjacent roadway.

(d)

No wall or fence screening a storage area shall encroach into a sight distance triangle.

(e)

Parts, materials, and equipment stored in a storage area shall not be stacked higher than the screening wall or fence.

(f)

No outdoor storage shall be located within 50 feet of a residential district.

(a)

The following definitions shall apply as used in this section:

(1)

Booking transaction means any transaction in which there is a charge to a transient by a host for the occupancy of any dwelling, sleeping, or lodging accommodations.

(2)

Guest or transient means a person who occupies a short-term rental unit.

(3)

Host means the owner of a short-term rental unit, or lessee of the short-term rental unit with a lease agreement that is one year or greater in length.

(4)

Host designee means a person assigned by the host to be available 24/7 to answer problems associated with the short-term rental.

(5)

Short-term rental means a residential dwelling unit that is used or advertised for rent for transient occupancy in increments of fewer than 30 consecutive days. This use type does not include bed-and-breakfast establishments and does not apply to month-to-month extensions following completion of a year's lease.

(6)

Residential dwelling unit means a residence where one or more persons maintain a household.

(b)

Registration and other requirements.

(1)

No host shall operate a short-term rental business without having registered with the Zoning Administrator as required by Code of Virginia, § 15.2-983, as amended.

(2)

The Zoning Administrator will report all registrations to County Commissioner of the Revenue for business registration and collection of the business license fee.

(c)

The registration form shall include the following information:

(1)

The name, telephone number, address, and email address of the host.

(2)

A reminder about the importance of having appropriate levels of insurance that covers the short-term rental unit, the host, and the guests with signature by the applicant acknowledging they understand and have appropriate insurance.

(3)

A requirement to provide the septic tank capacity from the Virginia Department of Health.

(d)

The registration shall be valid January 1 ^st (or from whatever date the registration first occurs) through December 31 ^st of the calendar year and shall be renewed annually.

(e)

A logbook shall be maintained for all rentals and be made available for review by the County upon request.

(f)

No signage advertising a short-term rental shall be allowed.

(g)

Registration may be revoked if more than three substantiated complaints are received within a one-year period. Revocation is for a minimum of one year but may be permanent at the discretion of the County.

(h)

Any short-term rental business in violation of zoning regulations, including operation without registering, is subject to all relevant penalties as set forth by the County.

(j)

The physical and aesthetic impact of required off-street parking shall not be detrimental to the existing character of the house and lot or to the surrounding neighborhood.

(k)

Safety.

(1)

The unit shall meet all applicable building codes for a rental unit. The County may inspect any short-term rental once per year for compliance with applicable building codes.

(2)

Site address. Building (dwelling) will have an approved address placed in a position that is plainly legible and visible from the street fronting the property. Structures obscured from street view or access roads in excess of one hundred and fifty (150) feet in length shall additionally post the numerical address at the roadway entrance.

(l)

Use regulations.

(1)

No recreational vehicles, buses, or trailers shall be used in conjunction with the short-term rental use to increase the occupancy of the rental unit.

(2)

The host shall not permit occupancy of a short-term rental unit for a period of less than overnight.

(3)

The name and telephone number of the host or the host's designee shall be conspicuously posted within the short-term rental unit. The host shall answer calls 24 hours a day, seven days a week for the duration of each short-term rental to address any problems associated with the short-term rental unit.

(4)

The principal guest of a short-term rental unit shall be at least 18 years of age.

(5)

The maximum number of adult guests in a short-term rental unit is limited to two adults per bedroom.

(6)

Creation of an event venue or gatherings fitting the definition of Assembly, place of, shall comply with the permit requirements of Assembly, place of, as outlined in this ordinance.

(m)

Registration suspension or cancellation.

(1)

A registration may be suspended or cancelled for the following reasons:

a.

Failure to collect and/or remit the transient occupancy tax or county business license fee.

b.

Three or more substantiated complaints (including, but not limited to, noise and excess trash) within a rolling twelve-month period.

(2)

Before any suspension or cancellation can be effective, the Zoning Administrator shall give written notice to the short-term rental host. The notice of suspension or cancellation issued under the provisions of this Ordinance shall contain:

a.

A description of the violation(s) constituting the basis of the suspension or cancellation;

b.

If applicable, a statement of acts necessary to correct the violation; and

c.

A statement that if no written response by the host is received by the Zoning Administrator within 30 days from the date of the notice, the registration will be suspended or cancelled.

(3)

The notice shall be given to the host by delivering a copy of the notice in person. If the host cannot be found, such notice shall be sent to the address of record by:

a.

Certified mail or e-mail to the addresses in the registration form; and

b.

A copy of the notice shall be posted in a conspicuous place on the premises.

(4)

A copy of the notice will be provided to the Commissioner of Revenue to advise the registration and business license may be revoked.

(5)

Any determination made by the Zoning Administrator may be appealed to the board of zoning appeals in accordance with Article II, Division 6 of this Ordinance.

(n)

Penalty. It shall be unlawful to operate a short-term rental:

(1)

Without obtaining a registration as required by this Article;

(2)

After a registration has been suspended or cancelled; or

(3)

In violation of any other requirement of this Article;

(4)

The penalty shall be a fine of $500.00 per occurrence for an operator required to register who offers for short-term rental a property that is not registered.

(a)

Temporary construction trailers and temporary buildings, used in conjunction with construction work only and not for residential occupancy, may be permitted in any district during the period construction work is in progress.

(b)

All yard requirements of the district for a principal structure in which the temporary building or construction trailer is located are met.

(c)

A zoning permit is issued for a period of twelve (12) months only upon showing by the applicant of a valid and approved building permit for a conventionally built dwelling or a commercial, industrial, or public structure or development, public facility or public utility. Such temporary permit may be renewed for a maximum of an additional twelve (12) months only if the applicant satisfactorily demonstrates to the Zoning Administrator that unavoidable circumstances caused a delay in the construction.