The provisions of this chapter shall apply to land and all structures in the unincorporated territory of the following magisterial districts of Franklin County, Virginia, as they existed on May 25, 1988:

(1)

Union Hall Magisterial District.

(2)

Gills Creek Magisterial District.

(3)

Rocky Mount Magisterial District.

(4)

Boone Magisterial District.

There being seven (7) magisterial districts at the time of the adoption of this chapter.

(Ord. of 5-25-88; Res. No. 27-07-91, 7-16-91)

(a)

It is the intent of this chapter that the entire unincorporated areas of the above-named magisterial districts be included in the several zoning districts established by this chapter, including all land, water areas and waterways or watercourses.

(b)

All water areas, waterways, flowage easements, watercourses, and right-of-ways of alleys, roads, streets, highways, railroads and other right-of-ways (if not otherwise specifically designated) shall be deemed to be in the same zoning district as the lands or property immediately abutting upon same. Where the centerline of such described water areas, waterways, watercourses or rights-of-way serve as a zoning district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(Ord. of 5-25-88)

With respect to the intended boundaries of the various zoning districts as shown on the official zoning map of Franklin County, the following rules shall apply:

(1)

Where such boundaries are indicated as approximately following the centerline of streets, alleys, railroads, flowage easements or waterways, such lines shall be construed to be such boundaries. Where roads and their centerlines follow magisterial district boundaries and the boundary separates a magisterial district not covered in this chapter from a magisterial district that is covered by this chapter, then a zoning district boundary shall be considered to run with the magisterial boundary, whether a centerline or other line determines the boundary of the magisterial district(s) and where these lines are set by parties of jurisdiction.

(2)

Where such boundaries are indicated as approximately following the lines of lots or other parcels of record, such lot or parcel lines shall be construed to be such boundaries.

(3)

Where a zoning district boundary appears to divide a single parcel of land at the time of this chapter's enactment, the use classification of the entire tract will be zoned.

(4)

Any zoning district boundary shown extended toward a county boundary or county boundary lying on any body of water or water channel shall be deemed to continue to extend straight to the county boundary set of record.

(5)

Where further interpretation is required beyond that presented in these paragraphs, the question shall be presented to the zoning administrator and thence shall be heard and decided by the board of zoning appeals.

(Ord. of 5-25-88)

(a)

No structure shall hereafter be erected and no existing structure shall be moved, altered, added to or enlarged, nor shall any land or structure be used or arranged to be used for any purpose other than the permitted uses listed in the following articles for the zoning district in which the structure or land is located, nor shall any land or structure be used in any manner contrary to any other requirements specified in this chapter.

(b)

However, this chapter does provide for a special use permitting process, for variances from regulations on lot widths and depths, for example, and for an appeals process through the board of supervisors under certain conditions. See article V of this chapter.

(Ord. of 5-25-88)

(a)

A complete final plat submitted as required by article II of the Subdivision Ordinance of Franklin County prior to the effective date of this chapter shall be judged on the ordinance in effect on the date the plan was submitted.

(b)

Nothing in this chapter shall be deemed to require any change in an unexpired site plan, (section 19-24 of the Subdivision Ordinance) approved prior to the effective date of this. Zoning permits may be issued for such use irrespective of the change in zoning.

(c)

Nothing in this chapter shall be deemed to require any change in plans, construction or designated use of any existing building or any building on which construction was authorized by a building permit issued prior to the effective date of this chapter; provided, however, that actual construction commences, as evidenced by an approved footing inspection or similar validation, within six (6) months after the date of issuance of such permit.

(Ord. of 5-25-88)

Cross reference— Subdivisions, Ch. 19.

(a)

The following structures and uses shall be exempt from the regulations of this chapter:

(1)

Wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas, water or the collection of sewage or surface water operated or maintained by a governmental entity or a public utility or public service corporation, including customer meter pedestals, telephone pedestals, distribution transformers and temporary utility facilities required during building construction, whether any such facility is located underground or above ground, but only when such facilities are located in a street right-of-way or in an easement less than forty (40) feet in width. The exemption shall not include any substation located on or above the surface of the ground or any such distribution facility located in an easement of forty (40) feet or more in width.

(2)

Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment.

(b)

The following structures shall be exempt from the minimum yard requirements set forth in this chapter: telephone booths and pedestals, underground utility equipment, mail boxes, or any similar structure or equipment which, in the opinion of the zoning administrator, is obviously intended to be otherwise located in the public interest, and are not incongruent with the aesthetic standards of the surrounding area.

(Ord. of 5-25-88)

(a)

For protection against traffic hazards, no material impediment to visibility shall be placed, allowed to grow, erected or maintained on any parcel so as to restrict sight distance at any intersection of any street, road or driveway below the minimum required by the Virginia Department of Highways and Transportation for such intersection.

(b)

Where terrain features present substantial obstacles to provision and maintenance of such sight distance, the zoning administrator may, subject to the approval of the Virginia Department of Highways and Transportation, permit the provision and maintenance of lesser visibility clearance, but such clearance shall be the maximum which is reasonably practicable to provide and maintain.

(Ord. of 5-25-88)

(a)

Generally. On interior lots, the front shall be construed to be the portion nearest the street.

(b)

Smith Mountain Lake. Front yards for lots and lots in subdivisions that border on the edge of Smith Mountain Lake shall be assumed to be located between the principal building on the lot and the road fronting the lot; front yards shall not be considered to lie between the principal building and the lake.

(Ord. of 5-25-88)

Front setbacks of the depth required in the district shall be provided across the full width of the lot adjacent to the street. Depth of a required front setback shall be measured from the centerline of the street in such a fashion that the building line of such setback shall be equidistant from the street right-of-way at all points. Areas in parking bays shall not be considered as part of the street or access easement for purposes of determining front setback depth.

(Ord. of 5-25-88)

Rear yards on interior lots shall be provided to the depth required by rear setbacks from rear property lines (or water's edge for lots whose boundaries extend into water) for the zoning district in which the property lies, and shall run across the full width of the lot at the rear. Depth of a required rear yard shall be measured in such a manner that the yard is a strip of minimum depth required by district regulations with its inner edge parallel to its outer edge.

(Ord. of 5-25-88)

Side setback on lots are defined as running from the required front setback (building setback) line to the required rear yard line. On corner lots, the required side setback (near the street) shall be considered as parallel to the street upon which the lot has its greatest dimension. Dwelling units that are not stacked but share a common wall (i.e. townhouse) are allowed a zero side yard setback for the common wall property line.

(Ord. of 5-25-88)

Except as otherwise specifically provided, in computations to determine lot coverage by buildings, building coverage shall be construed as including all areas under roofs or projections from buildings on the lot.

(Ord. of 5-25-88)

(a)

All buildings and other structures shall be so located and arranged on lots as to provide safe and convenient access for fire protection, servicing and off-street parking located on the premises.

(b)

Whenever there shall be plans in existence, approved by either the Virginia Department of Highways and Transportation or by the board of supervisors, for the widening of any street or highway, the commission may require additional setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way. Such setback shall be measured from the future centerline of the roadway.

(Ord. of 5-25-88)

(a)

It is the intent of the height regulations of this chapter to secure safety, to provide light and air, and to protect the character of districts and the interests of the general public.

(b)

No building shall hereafter be erected, constructed or altered so as to exceed the height limitations specified in the district regulations set in this chapter.

(Ord. of 5-25-88)

The following structures shall not be deemed accessory structures and shall be permitted in required yards provided applicable sight distance and fire safety requirements are met and maintained and are in compliance with the Franklin County Code:

(1)

Bay windows.

(2)

Clotheslines.

(3)

Fences, provided no fence in a front yard shall exceed four (4) feet in height.

(4)

Freestanding air conditioning units.

(5)

Walls and retaining walls must comply with International Building Code (IBC) and Uniform Statewide Building Code (USBC), as amended. For walls requiring a design bearing the stamp of a Virginia Registered Design Professional, a safety railing shall be required along the top of wall.

(6)

Satellite dishes.

(7)

Sculpture, fountain, etc.

(8)

Solar power panels, residential.

Any other structures the zoning administrator determines to be similar in scope, size and impact as those listed herein, and are in compliance with all other provisions of this chapter shall also be permitted.

(Ord. No. 11-25-16, 5-17-16)

Except as provided in section 25-72, above, accessory structures as defined in section 25-40 shall be located as follows:

(1)

No accessory structure shall be located in any front yard required for a principal structure.

(2)

No accessory structure shall be located in any side yard required for a principal structure.

(3)

No accessory structure shall be located closer than twelve (12) feet from any rear property line.

No accessory structure shall be located on any public utility easement, drainage easement or any other easement without the written permission of the easement's grantee.

(Ord. of 5-25-88; Ord. No. 11-25-16, 5-17-16)

(a)

Off-street automobile storage or parking space shall be provided on every lot on which any permitted use or special use permit is established in accordance with this chapter.

(b)

The following general requirements are specified:

(1)

The term "off-street parking space" shall mean a space at least ten (10) feet wide and twenty (20) feet in length, with a minimum net area of two hundred (200) square feet, excluding area for egress and ingress and maneuvering vehicles.

(2)

Parking spaces for all dwellings shall be located on the same lot with main buildings to be served.

(3)

If an off-street parking space cannot be reasonably provided on the same lot on which the main use is conducted, such space may be provided on other off-street property, provided such space lies within sixty (60) feet of the property line of such main use and is so designated on the zoning permit.

(4)

The required number of parking spaces for any number of separate uses may be combined in one (1) lot, but the required space assigned to one (1) use may not be assigned to another use at the same time.

(5)

Area covered for off-street parking in accordance with the requirements of this chapter shall not be reduced in the area, encroached upon, or changed to any other use unless the use which it serves is discontinued or modified.

(6)

Off-street parking existing at the effective date of this chapter in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use. Existing off-street parking which is provided in an amount less than the requirement stated hereinafter shall not be further reduced.

(Ord. of 5-25-88)

All off-street parking shall be laid out, constructed and maintained in accordance with the following requirements:

(1)

Lighting facilities shall be so arranged that light is reflected away from adjacent properties and streets.

(2)

The parking lot shall be adequately drained.

(3)

Access to off-street parking facilities from public streets shall meet requirements of section 33.1-198 of the Code of Virginia, 1950, as amended, and the minimum standards of entrances to state highways and be approved by the Virginia Department of Highways and Transportation resident engineer.

(Ord. of 5-25-88)

(Ord. of 5-25-88)

Off-street loading and unloading spaces shall be provided as hereinafter required by this chapter.

(1)

Size of off-street loading spaces. Each off-street loading space shall have minimum dimensions of fourteen (14) feet in height, twelve (12) feet in width, and fifty (50) feet in length. However, upon sufficient demonstration that a particular loading space will be used exclusively by shorter trucks, the zoning administrator may reduce the minimum length accordingly as to as little as twenty-five (25) feet.

(2)

Connection to street or alley. Each required off-street loading space shall have access to a street or alley or have a driveway which offers satisfactory ingress and egress for trucks and which shall meet the requirements of section 33.1-198 of the Code of Virginia, and the minimum standards of entrances to state highways and shall be approved by the Virginia Department of Highways and Transportation resident engineer.

(3)

Floor area over ten thousand (10,000) square feet. There shall be provided for each hospital, hotel, commercial or industrial building, or similar use requiring the receipt or distribution of materials or merchandise and having a floor area of more than ten thousand (10,000) square feet, at least one (1) off-street loading space for each ten thousand (10,000) square feet of floor space or fraction thereof. Such space shall be so located as to not hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

(4)

Floor area less than ten thousand (10,000) square feet. There shall be provided for each hospital, hotel, commercial or industrial building requiring receipt or distribution of materials or merchandise and having a floor area of less than ten thousand (10,000) square feet sufficient off-street loading space (not necessarily a full space if shared by an adjacent establishment) so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

(5)

Bus and truck terminals. There shall be provided sufficient space to accommodate the maximum number of buses and trucks to be stored or to be loaded at the terminal at any one time.

(6)

Location of off-street loading spaces. All required off-street loading spaces shall be located on the same lot as the building which they are intended to serve or on an adjacent lot when shared with the use occupying an adjacent lot.

(7)

Permanent reservation. Area reserved for off-street loading in accordance with the requirements of this chapter shall not be reduced in area or changed to any other use unless the use which is served is discontinued or modified, except where equivalent loading space is provided and is approved by the zoning administrator.

(Ord. of 5-25-88)

(a)

Major recreational equipment as defined for purposes of these regulations, includes travel trailers, pickup campers, motorized dwellings, tent trailers, boats and boat trailers, house boats and the like, and cases or boxes used for transporting such recreational equipment, whether occupied by such equipment or not.

(b)

No major recreational equipment shall be used for living, sleeping or other occupancy when parked or stored on a residential lot or in any other location not approved for such use.

(c)

No buses or renovated buses shall be used for living, sleeping or other occupancy when parked or stored on a residential lot or in any other location not approved for such use.

(Ord. of 5-25-88)

This section is reserved for future use.

The purpose and intent of this section is to protect and promote the appearance, character, and economic values of land along the major highway corridors of the county and surrounding land uses. The purpose and intent is also to reduce the visibility of paved areas from adjacent properties and streets, moderate climatic effects, minimize noise and glare and enhance public safety by defining spaces to influence traffic movements. Landscaping will also reduce storm water runoff and provide a transition between differing intensities of use on adjacent properties.

(Ord. of 7-16-02(1))

Unless specifically defined elsewhere in this division, the following words shall be defined as stated.

Berm: An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.

Buffer: A combination of physical space and vertical elements, such as plants, berms, fences, or walls, the purpose of which is to separate and screen incompatible land uses from each other.

Deciduous: A plant with foliage that is shed annually.

Evergreen: A plant with foliage that persists and remains green year-round.

Large deciduous tree: Large deciduous trees shall be of a species having a mature height of thirty (30) feet or more and minimum mature crown spread of twenty five (25) feet or more.

Low shrub. A shrub not more than three (3) feet in height at maturity.

Medium shrub. A shrub not more than ten (10) feet in height at maturity.

Landscape yard: A continuous area of land set aside to provide a transition between and to reduce the environmental, aesthetic and other impacts of a land use on the public highway or of one (1) type of land use on another. The width of the landscape yard shall be determined by reference to the applicable sections of these landscaping regulations. The VDOT right of way shall not be considered to be part of the required landscape yard for the purposes of meeting the requirements of these regulations. See also sections 25-671(3.J), 25-676 (24), and 25-677 (10).

Screen: A method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls, or any appropriate combination thereof.

Shrub: A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground: May be deciduous or evergreen.

Small deciduous tree: Small deciduous trees shall be of a species having a mature height of twenty five (25) feet or less and an average mature crown spread of twenty five (25) feet or less.

Tree: A large, woody plant having one or several self-supporting stems or trunks and numerous branches. May be classified as deciduous or evergreen.

Woodland, existing: Existing trees and shrubs of a number, size and species that accomplish the same general function as new plantings.

(Ord. of 7-16-02(1))

A landscape plan is required for all uses which require a site plan and shall be submitted in conjunction with the site plan. The landscape plan shall:

(1)

Include a north arrow.

(2)

Be drawn to scale. The scale shall include a bar scale calibrated to the landscape plan.

(3)

Show the location, type and size of existing vegetation and woodland.

(4)

Show existing vegetation to be saved.

(5)

Identify each required landscape yard.

(6)

Identify the methods and details for protecting existing vegetation during construction.

(7)

Show the location, type and size of all plants to be planted.

(8)

Include plant lists or schedules showing the required and proposed quantities of plants.

(9)

Show the location and description of other landscape improvements, such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights and courts or paved areas.

(10)

State planting and installation details as necessary to ensure conformance with all required standards of these regulations.

(11)

Identify existing and proposed parking spaces, or other vehicular areas, access aisles, driveways and similar features.

(Ord. of 7-16-02(1))

(a)

Quality. All plant materials shall be living and in healthy condition.

(b)

Size and type.

(1)

Minimum size and height. Plants shall conform to the minimum caliper and height requirements specified in these regulations. Caliper measurements shall be taken six (6) inches above grade for trees under four (4) inches in diameter and twelve (12) inches above grade for trees four (4) inches in diameter or larger.

(2)

Small deciduous trees. A minimum caliper of at least one (1) inch at the time of planting shall be required.

(3)

Large deciduous trees. A minimum caliper of at least one and one-half (1½) inches at the time of planting shall be required.

(4)

Evergreen trees. Evergreen trees shall have a minimum height of two and one half (2½) feet at the time of planting.

(5)

Medium shrubs. Shrubs and hedges forms shall have a minimum height of one (1) foot at the time of planting.

(c)

Planting specifications.

(1)

All plants shall be dug, balled, burlaped and transported to the site. Bare-root planting is not permitted.

(2)

Plants shall be nursery grown. Neither heeled-in plants nor plants from cold storage are acceptable.

(3)

Plants shall conform to the measurements specified in the plant lists or schedule of the landscape plan.

(Ord. of 7-16-02(1))

(a)

All landscaping shall permit site distances consistent with current requirements of the Virginia Department of Transportation.

(b)

Plantings required by this section may be in an irregular line and spaced at random.

(c)

Clustering of plant and tree species may be used to provide a pleasing composition and mix of vegetation.

(d)

Decorative walls and fences may be integrated into any landscaping program. The use of such walls or fences, when having a minimum height of three (3) feet, may reduce the amount of required plant materials at the discretion of the zoning administrator.

(e)

When there is a conflict between the planting of large deciduous or evergreen trees due to interference with overhead utility lines, the owner or developer may, as a part of site plan approval, substitute small deciduous trees or medium evergreen shrubs at a ratio of two small deciduous trees or medium shrubs for each required large deciduous or evergreen tree.

(f)

The provisions of Article II, Division 3.B. "Landscaping and Buffering" of the zoning ordinance shall be applied equally to all similarly situated properties falling under its provisions. Modifications to these standards may be granted in writing by the zoning administrator if he finds that any of the following circumstances exist on the proposed building site, or surrounding properties:

(1)

Natural land characteristics such as topography or existing vegetation on the proposed building site would achieve the same intent of the article;

(2)

Landscaping or architectural design is employed on the building site to achieve an equivalent shading, screening or buffering effect;

(3)

The required screening and landscaping would be ineffective at maturity due to the proposed topography of the site, and/or the location of the improvements on the site with regard to the site conditions of available sunlight, water, and root and canopy space;

(4)

The topography of adjacent and surrounding sites renders required screening ineffective at maturity;

(5)

The strict provisions of this division would reduce the usable area of a lot so as to preclude a reasonable use for the lot;

(6)

Where the lot for which the landscape plan is to be provided is adjacent to a lake, wetland or other natural area which is to remain undeveloped and which is at least three hundred (300) feet in depth along the lot line;

(7)

Where similar uses within the same zoning district abut and are otherwise designed so as to mitigate any adverse impacts on existing or permitted uses on such abutting lots.

(Ord. of 7-16-02(1))

(a)

The owner, or his agent, shall be responsible for the maintenance, repair and replacement of all landscaping materials as may be required by the provisions of this section.

(b)

All plant materials shall be tended and maintained in a healthy growing condition and free from refuse and debris. All unhealthy, dying or dead plant material shall be replaced during the next planting season.

(Ord. of 7-16-02(1))

(a)

All landscaping shall be installed according to accepted, good planting practices and procedures. Landscaped areas shall require protection from vehicular encroachment by such means as, but not limited to, wheel stops or concrete or bituminous curbs.

(b)

No site plan shall be approved until either the required landscaping is completed in accord with the approved landscape plan or the owner or developer provides a form of surety in a form acceptable to the county in an amount equal to one hundred ten (110) percent of the costs of the plant materials, related materials and installation costs. Such bond shall be released only after all landscaping shall be installed, inspected and approved by the zoning administrator or his designee as being complete according to specifications and established on site. Normally, all or part of the bond shall be retained for no less than one complete growing season.

(c)

All required landscaping shall be installed and approved by the first planting season following the issuance of a certificate of occupancy. This requirement shall not preclude the phasing of landscaping programs for larger development projects. The timing of landscaping of these projects shall be incorporated into the conditions of approval of the site plan for the project.

(Ord. of 7-16-02(1))

(a)

The minimum required landscaping (for uses requiring a site plan) along the frontage of Routes 122 and 616 in the Westlake Village Center Overlay District shall be as provided in perimeter landscaping B in the schedule of landscape treatments in section 25-100 below. Such landscaping shall be within the required landscape yard of the lot or parcel and shall be provided except where driveways or other openings may be necessary.

(b)

The minimum required landscaping (for all uses requiring a site plan) along the frontage of all other public roads or streets shall be as provided in perimeter landscaping A below.

(c)

Land in the VDOT right-of-way shall not be included as part of the required landscape yard.

(d)

The required frontage landscaping shall not be construed to prohibit the future widening of a road or highway by VDOT should its area be required for right-of-way.

(Ord. of 7-16-02(1))

(a)

The required landscape yard shall be at the outer boundaries of a lot or parcel or development and shall be provided except where driveways or other openings may be required. The width of the required landscape yard shall be determined by reference to section 25-100 below.

(b)

The minimum required landscaping for all outer boundaries of any use requiring a site plan shall be provided as per perimeter landscaping A in the schedule of landscaping treatments found below. In some cases, more intense landscaping may be required between different uses and zoning districts, as determined by reference to section 25-101 below.

(Ord. of 7-16-02(1))

(a)

Perimeter landscaping A.

(1)

At least one (1) small deciduous tree for each fifty (50) lineal feet or at least one evergreen tree for each fifty (50) lineal feet shall be planted within the required landscape yard.

(2)

At least one (1) medium shrub for each twenty-five (25) lineal feet shall be planted within the required yards and setback area.

(3)

Low shrubs and groundcover shall be dispersed within the required yards and setback area.

(4)

The required landscape yard shall be sufficient to accommodate the required landscape treatment defined herein.

(b)

Perimeter landscaping B: At a minimum the following trees and shrubs shall be planted within all required landscape yards.

(1)

At least one (1) large deciduous tree for each fifty (50) lineal feet or at least one (1) evergreen tree for each thirty (30) lineal feet.

(2)

At least one (1) small deciduous tree for each fifty (50) lineal feet.

(3)

At least one (1) medium shrub for each thirty (30) lineal feet.

(4)

The required landscape yard shall be a minimum of twenty (20) feet in width.

(c)

Perimeter landscaping C.

(1)

At least one (1) large deciduous tree for each fifty (50) lineal feet and at least one (1) evergreen tree for each thirty (30) lineal feet.

(2)

At least one (1) small deciduous tree for each thirty (30) lineal feet.

(3)

At least one (1) medium shrub for each ten (10) lineal feet.

(4)

Low shrubs and ground cover shall be reasonably dispersed throughout the area.

(5)

The required landscape yard shall be a minimum of twenty-five (25) feet in width.

OR

(1)

A berm with a minimum height of three (3) feet and with a maximum slope of 2:1 shall be constructed, and

(2)

Perimeter landscape B above shall be planted.

(Ord. of 7-16-02(1))

(a)

The chart of landscape requirements below identifies the required perimeter landscaping for sites that adjoin land with a different zoning classification. To determine the requirement, read down the first column to find the zoning classification of the adjoining property. Next read across the top row to find the zoning classification of the site being developed. The intersection of the row and the column on the chart determines the type of perimeter landscaping required. Refer to section 25-100.

(b)

Chart of perimeter landscape requirements.

(Ord. of 7-16-02(1))

(a)

A parking lot landscape and screening plan shall be submitted as a part of every site plan required by the provisions of this division.

(b)

General standards: The following standards shall apply to parking lot landscaping and screening plans required by this section.

(1)

All trees required by the provisions of this section shall be large deciduous or evergreen trees. All trees shall have a minimum trunk height of six (6) feet and shall have a minimum caliper of one (1) inch at the time of planting. Evergreen trees shall be a minimum of three (3) feet in height above finished grade when installed.

(2)

Existing vegetation which is suitable for use in compliance with the landscaping regulations of this division may be used to fulfill planting requirements.

(c)

Interior parking lot landscaping.

(1)

Any parking lot of more than twenty (20) spaces shall be provided with landscaped open space within the perimeter of the parking area, in the minimum amount of five (5) percent of the entire surface area of the parking lot. Landscaped areas between parking areas and buildings shall not be considered as interior landscaping.

(2)

The primary landscaping materials used in parking lots shall be large deciduous trees which provide shade or are capable of providing shade at maturity.

(3)

The landscaping areas shall be reasonably dispersed throughout the parking lot and shall have a minimum width of six (6) feet measured from the back (interior) of the curb. There shall be a landscaped island with a minimum width of six (6) feet and a minimum length of equal to the adjoining parking space at the end(s) of every row of parking spaces.

(4)

There shall be a minimum of one (1) large deciduous tree per landscaped island. Two (2) large deciduous trees per landscape island are required where opposite bays align.

(5)

Large parking areas shall be broken into sections not to exceed one hundred (100) spaces separated by landscaped buffers for visual relief. Such buffer areas are required in addition to the five (5) percent minimum landscape areas in the interior of the parking lot (refer to section 25-102 (c)(1)).

(Ord. of 7-16-02(1))

The following plant lists are deemed suitable to fulfill the requirements of this division for various kinds of trees and shrubs. Other species of plants proposed as a part of a landscape plan application shall be considered and may be approved on a case by case basis.

(a)

Evergreen trees.

(b)

Low shrubs.

(c)

Medium shrubs (evergreen).

(d)

Medium shrubs (deciduous and flowering).

(e)

Small deciduous trees.

(f)

Large deciduous trees.

(Ord. of 7-16-02(1))

(a)

Where in this chapter special use permits are granted, provided they are approved by the Franklin County Board of Supervisors, such approval, decision or authorization shall be limited by such conditions as the case may require, including the imposition of any of the following specifications:

(1)

Signs meeting requirements of the state.

(2)

Amount, direction and location of outdoor lighting.

(3)

Amount and location of off-street parking and loading space.

(4)

Cleaning or painting.

(5)

Roof type.

(6)

Construction and materials.

(7)

Connected or disconnected with other buildings.

(8)

Exits or entrances, doors, windows.

(9)

Paving, shrubbery, landscaping, or ornamental or screening fences, walls or hedges.

(10)

Time of day or night for operations.

(11)

No store fronts.

(12)

No structural changes.

(13)

Controls on, or elimination of, smoke, dust, gas, noise or vibration caused by operation.

(14)

Requirements for termination of a use based on lapse of time or other such conditions as the board of zoning appeals may require and specify.

(15)

Such other conditions as are necessary to ensure that a special use permitted will still meet the intents and purposes of this chapter.

(16)

Additional distance setbacks if hazardous materials, operations will exist.

(17)

Method of garbage collection.

(b)

Special performance standards may from time to time be adopted by the board of supervisors according to the amendment procedures set out in this chapter. The standards may be set out in the text sections or in appendices to this chapter.

(Ord. of 5-25-88)

Editor's note— In order to provide better classification and to keep related material together, the editor, with the county's consent has redesignated the provisions originally designated as § 25-90 as § 25-110.

Supplementary regulations apply to permissible uses in all districts whether or not such uses are permitted by right (the permitted uses) or by special use permits (the special uses). In review of any use by special use permit, the Franklin County Board of Supervisors may vary or waive any provision of these sections as deemed appropriate in a particular case.

(Ord. of 5-25-88)

(a)

Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:

(1)

Airport: Any area that is used, or intended for public use, for the landing and takeoff of fixed-wing and helicopter aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, easements and together with all airport buildings and facilities located thereon.

(2)

Heliport: Any area that is used, or intended for public use, for the landing and takeoff of helicopters only, and any appurtenant areas which are used, or intended for use, for heliport buildings or other heliport facilities or rights-of-way, easements and together with all airport buildings and facilities located thereon.

(3)

a.

Landing strip (intensive use): Any private area for the landing and takeoff of fixed-wing and helicopter aircraft, that has:

1.

More than three-hundred fifty (350) landing or takeoff operations during a calendar year; or

2.

More than twelve (12) different aircraft, not owned by the landing strip owner, landing or taking off during the course of a calendar year.

b.

Landing strip (recreational use): Any private area for the landing and takeoff of fixed-wing and helicopter aircraft, provided:

1.

It has no more than three-hundred fifty (350) landing or takeoff operations over the course of a calendar year; and

2.

It is not used by more than twelve (12) different aircraft not owned by the landing strip owner, over the course of a calendar year.

c.

Landing strip (temporary use): Any private area that is temporarily used for the landing and takeoff of fixed-wing and helicopter aircraft for no more than seven (7) cumulative days of a calendar year and is used solely for field seeding, spraying, dusting or similar agricultural activity shall be permitted by right in the A-1 zone if the landing strip is not located within five hundred (500) feet of any residential dwelling on neighboring properties.

(b)

Required information. To be considered, the developer shall be required to submit the following information as part of its application for a special use permit to develop an airport, heliport, landing strip (intensive use) or landing strip (recreational use).

(1)

A statement of the purpose of the facility, including the expected type of aircraft and frequency of use of the facility, services to be offered and instrumentation, lighting and communications provided.

(2)

A copy of the Federal Aviation Administration Form 7480-1 "Notice of Landing Area Proposal," and all supporting materials required for submission and a copy of the FAA's response to the notice. The area shall be sufficient to meet the airspace requirements of the FAA and should not impact the airspace of any existing or planned airfields or heliports.

(3)

For an airport: A copy of the Virginia Department of Aviation Form, "Application for a Public-Use Airport License," and all the supporting materials required for submission.

(4)

For a heliport, landing strip (intensive use) or landing strip (recreational use): A copy of the Virginia Department of Aviation Form "Application to Register or License a Private Use Airport/Heliport," and all the supporting materials required for submission.

(5)

For an airport, heliport or landing strip (intensive use): Seven (7) copies of a conceptual site plan, drawn to scale. The site plan should show with dimensions labeled:

a.

The proposed airfield location and layout, including runways, taxiways, aircraft parking areas, hangars and other airfield related structures, automobile entrances, automobile circulation and parking, landscaping and buffering;

b.

The location and dimensions of the Virginia Department of Aviation's required safety areas, including the runway safety area, the runway primary surface, the runway approach surface, and the runway approach surface;

c.

The location and height of all buildings, structures, trees and overhead wires falling within the airport approach zones and within five hundred (500) feet horizontally from the edge of the proposed airfield runway;

d.

The boundary lines of the airfield property, boundary lines and names of owners of properties within five hundred (500) feet of the developer's property line;

e.

The adjoining roads and other significant physical features within five hundred (500) feet of the airfield boundary line;

f.

Other pertinent data, including topography and grading plan, drainage, water and sewer facilities.

(6)

For a landing strip (recreational use): Two (2) copies of a conceptual site plan, drawn to scale. The site plan should show with dimensions labeled:

a.

The proposed airfield location and layout, including runways, taxiways, aircraft parking areas, hangars and other airfield related structures.

(7)

For a landing strip (temporary use):

a.

The proposed airfield landing strip (temporary use) location, layout, and planned dates of use shall be reported in writing to the Franklin County Planning and Community Development Department in care of its director ten (10) days prior to the initialization of flights into and from the field.

(c)

Standards.

(1)

The airport, heliport or landing strip (intensive use) shall be sufficient to meet the minimum standards required for public-use airport and landing area licensure under the regulations of the Virginia Department of Aviation (24 VAC 5-20-140). These standards include:

a.

Airports and landing strips (intensive use):

1.

A rectangular runway surface area that may be turf or paved, which is designed specifically for the purpose of approaching and landing and taking-off and departing of aircraft from both of its designated ends.

2.

An effective runway length of at least two thousand (2,000) feet.

3.

An effective runway width of at least fifty (50) feet.

4.

An unobstructed primary surface which is centered longitudinally on the runway and whose elevation at any point is the same as the elevation of the nearest point on the runway centerline. When the runway has a specially prepared hard surface, the primary surface extends one hundred (100) feet beyond each end of the runway. When the runway does not have a specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The minimum width of a primary surface is two hundred (200) feet.

5.

An unobstructed approach surface with a 15:1 horizontal to vertical slope at each end of the runway. The approach surface is a surface longitudinally centered on the extended runway centerline and extending outward and upward. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end. The inner edge of the approach begins at each end of the runway primary surface and its inner width is the same as the width of the primary surface at runway end. For runway ends with visual approaches the approach surface extends five thousand (5,000) feet from the primary surface and expands uniformly to a width of one thousand two hundred (1,200) feet. For runway ends with nonprecision instrument approaches, the approach surface extends five thousand (5,000) feet from the primary surface and expands uniformly to a width of two thousand (2,000) feet.

6.

An unobstructed transitional surface of 5:1 slopes on either side of the primary and approach surfaces. The transitional surface extends outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 5:1 from the sides of the primary surface and from the sides of the approach surfaces until they intersect the horizontal surface.

7.

An unobstructed horizontal surface, which is a horizontal plane one hundred fifty (150) feet above the established airport elevation whose perimeter is delineated by the intersection with the runway approach and transitional surfaces.

8.

An unobstructed conical surface, which is a surface extending outward and upward from the periphery of the horizontal surface at a slope of 15:1 for a horizontal distance of four thousand (4,000) feet.

9.

A displaced threshold, if an approach surface to either physical end of the runway is obstructed and the obstacle cannot be removed, shall be located down the runway at the point where the obstruction clearance plane intersects the runway centerline.

b.

Heliport.

1.

A heliport landing surface that is a specially prepared rectangular or square surface that may be turf or paved and is used or intended to be used for the landing and takeoff of helicopters or other rotorcraft. It must have the minimum dimensions of seventy-five (75) feet by seventy-five (75) feet.

2.

An unobstructed heliport primary surface, which is a horizontal plane at the elevation of the established heliport elevation. The heliport primary surface is the area over which the final phase of the approach to a hover, or a landing, is completed and from which the takeoff is initiated.

3.

An unobstructed heliport approach surface which begins at each end of the heliport primary surface with the same width as the primary surface and extends outward and upward for a horizontal distance of four thousand (4,000) feet where its width is five hundred (500) feet. The slope of the approach surface is 8:1 for civil heliports.

4.

An unobstructed heliport transitional surface, which extends outward and upward from the lateral boundaries of the heliport primary surface and from the approach surfaces at a slope of 2:1 for a distance of two hundred fifty (250) feet measured horizontally from the centerline of the primary and approach surfaces.

(2)

The intent of the landing strip (intensive use) and landing strip (recreational use) is to provide property owner(s) access to the aviation system and not to provide a location for commercial activity. Therefore any commercial activity associated with the landing strip is prohibited. Such commercial activities include, but are not limited to, the sale of aviation fuel, maintenance and repair of aircraft including the operation of shops or facilities, the rental or lease of all hangar or tie down spaces, the place of operation for any flight school, sightseeing tour or charter operation, and any other activity that might be considered a commercial operation that would normally be conducted by a FBO (Fixed Base Operator) at a public use airport.

(3)

The landing strip (recreational) shall not be located within five hundred (500) feet of any residential dwelling on neighboring properties.

(Ord. of 5-25-88; Amend. No. 13-02-2002, 2-19-02; Ord. of 2-15-05(4))

(a)

A special use permit shall be required for any new or expanded automobile graveyard.

(b)

Demolishing and salvage operations are permitted as an accessory use to automobile graveyards provided these accessory uses are specifically approved by the board of supervisors as a part of a special use permit approval.

(Ord. No. 10-01-2017, 1-17-17)

(a)

Gun clubs and shooting ranges shall be permitted by special use permit only.

(b)

Subordinate uses and fund-raising activities, such as bingo, raffles, auctions, shall be conducted in enclosed buildings only. No such activity shall be conducted between the hours of 11:00 p.m. and 8:00 a.m.

(Ord. of 5-25-88)

Fencing and other methods of animal confinement shall be maintained at all times in order to reduce danger to neighboring activities and the motoring public.

(Ord. of 5-25-88)

(a)

Provisions for outdoor cooking, campfires and cooking pits shall be subject to approval of Franklin County fire officials regardless of any site development plan requirement.

(b)

All such uses shall conform to the requirements of the Virginia Department of Health.

(Ord. of 5-25-88)

(a)

No such use shall operate as a child care center without licensure by the Virginia Department of Welfare. It shall be the responsibility of the owner/operator to transmit to the zoning administrator a copy of the original license and all renewals thereafter and to notify the zoning administrator of any license expiration, suspension or revocation within three (3) days of such event. Failure to do so shall be deemed willful noncompliance with the provisions of this chapter.

(b)

Inspection of premises may be made by the Franklin County fire officials. Failure to promptly admit the officials for inspections shall be deemed willful noncompliance with the provisions of this chapter.

(c)

Other application requirements may be required by the Virginia Department of Welfare, Department of Health, State Fire Marshal, and other local, state or federal agencies.

(Ord. of 5-25-88)

Homes for the developmentally disabled shall be subject to inspection by Franklin County fire officials.

(Ord. of 5-25-88)

(a)

Minimum area of the site shall be five (5) acres.

(b)

Screen(s) shall be located as to be reasonably unobtrusive to view from any major street or highway, secondary or primary.

(Ord. of 5-25-88)

(a)

Application of division. In any zoning district in which a use is otherwise permitted, if such use constitutes an "adult use," as defined in this chapter, the minimum requirements and standards set out in this section shall apply to such use.

(b)

Prohibited locations, generally.

(1)

No adult use may be established within two thousand (2,000) feet of any other such adult use in any zoning district.

(2)

No adult use may be established within one thousand (1,000) feet of a residentially zoned district or a school, educational institution, church, public park, playground, playfield or day care center.

(3)

The "establishment" of an adult use, as referred to in this section, shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area or the conversion, in whole or in part, of an existing business to any adult use.

(c)

Measurement of distances. All distances specified in this division shall be measured from the property line of one use to another. The distance between an adult use 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 residentially zoned district.

(Res. No. 14-10-2008, 10-21-08)

No junk yards shall be hereafter established in the county, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any interstate or primary highway or within five hundred (500) feet of the nearest edge of the right-of-way of any other highway in the county, and hereafter any established and licensed in the county as of the date of the enactment of this chapter and thereafter, and/or considered under the grandfather clause, shall be screened by natural objects, plantings or other appropriate means so as not to be visible from the main-traveled way of the highway and adjoining landowners or otherwise removed from sight. Natural screening by use of seedlings not less than twelve (12) inches in height and cared for in a manner to reach two (2) feet in height within two (2) years of planting. Spacing requirements for seedling will be approved by the zoning administrator.

(Ord. of 5-25-88)

(a)

Natural screening may be required as conditions for the issuance of zoning permits and special use permits.

(b)

Unless otherwise required by the approving authority, screening required of applicants for zoning permit shall mean an approved screening which prevents viewing from one (1) side to the other, which is of uniform, and which is not less than eight (8) feet in height.

(Ord. of 5-25-88)

(a)

Except where animals are confined in soundproofed, air conditioned buildings, no structure or area occupied by animals shall be closer than five hundred (500) feet to any residence. In no case shall any such structure or area be located closer than two hundred (200) feet to any residence.

(b)

In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m.

(Ord. of 5-25-88)

(a)

Public utility buildings and structures in any residential zone shall, wherever practical, have the exterior appearance of residential buildings and shall have landscaping, screen planting and/or fencing, whenever these are deemed necessary by county officials.

(b)

Trespass fencing and other safety measures may be required as deemed necessary to reasonably protect the public welfare.

(c)

Towers, transmission lines and transformers which are abandoned, damaged or in a state of disrepair, which in the opinion of the zoning administer pose a hazard to public safety, shall be repaired/removed to the satisfaction of the zoning administrator within a reasonable time prescribed by the zoning administrator.

(Ord. of 5-25-88)

No such use shall be operated without approval and any required licensure by such agencies as the Virginia Department of Welfare, Department of Health, and other local, state and federal agencies.

(Ord. of 5-25-88)

(a)

No special use permit for a landfill shall be issued unless the same has been approved by the State Water Control Board, the Virginia Department of Health, Virginia Department of Waste Management and other appropriate agencies or officials with respect to the suitability of the site for such use.

(b)

Except for improvements necessary for the operation of a landfill, no improvements shall be constructed in or upon any landfill for a period of twenty (20) years after the termination of the landfill operation without the prior approval of the board of supervisors. Board approval should be conditioned upon the receipt of a positive recommendation in a report developed by the agencies of the commonwealth having authority over such matters, and if none, then a professional engineer.

(Ord. of 5-25-88)

(a)

The processing area of the sawmill which includes, but is not limited to, structures, storage of lumber, logs, chips or timber shall be located no closer than one hundred (100) feet to any adjacent property line. Trees and vegetation within the 100-foot setback shall be maintained as a buffer; provided, that during the last three (3) months of operation remaining trees may be removed. The 100-foot setback does not include property adjacent to state-maintained roads. Logging to the property line can occur over the remaining area.

(b)

No saw greater than twelve (12) inches in diameter, planer, chipper, conveyer, chute or other like machinery shall be located closer than three hundred (300) feet to any dwelling on other property in the area.

(c)

Clearing operations in residential districts shall be allowed for property management.

(Ord. of 5-25-88)

(a)

The swimming pool, including the apron, filtering and pumping equipment, and any buildings shall be at least seventy-five (75) feet from the nearest property line and at least one hundred twenty-five (125) feet from any existing dwelling on an adjoining property; except that, where the lot upon which it is located abuts land in a commercial or industrial district, the pool may be constructed no less than twenty-five (25) feet from the nearest property line of such land in a commercial or industrial district.

(b)

When the lot on which any such pool is located abuts the rear or side line of, or is across the street from, any residential property in a residential district, a substantial wall, fence or shrubbery shall be erected or planted so as to screen effectively such pool from view from the nearest property in the residential district.

(c)

The board of supervisors may require, for the protection of health, safety, morals and general welfare of the community, additional conditions deemed necessary that could consider fencing and/or planting, setbacks from property lines, parking, lighting and other requirements.

(Ord. of 5-25-88)

(a)

Communication facilities subject to the following conditions:

(1)

Each applicant for a tower shall provide the department of planning and community development with an inventory of its existing facilities that are either within the jurisdiction of the governing authority or within five miles of the border thereof, including specific information about the location, height, and design of each tower. The planning department may share such information with other applicants applying for approvals or special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the governing authority, provided, however, that the planning department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable for use by others.

(2)

Verifiable evidence of the lack of antenna space on existing towers, buildings, or other structures, including but not limited to churches, power lines, water towers, etc., suitable for antenna location or evidence of the unsuitability of existing tower locations for co-location must be provided by the applicant. Such evidence shall also include an affidavit executed by a radio frequency engineer that such existing tower or structure is unsuitable for the applicant's needs. Such evidence may also include any of the following items:

a.

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

b.

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

c.

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

d.

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

e.

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

f.

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

(3)

An engineering report certifying that the proposed tower is compatible for a minimum of four (4) users, must be submitted by the applicant. The applicant shall also permit collocation by additional users without requiring any form of reciprocal location agreement from subsequent users. The provision may be modified by the board of supervisors in conjunction with subsection (14) below, when a lower height is approved by the board of supervisors and collocation of four (4) users is not possible.

(4)

A preliminary site plan of the proposed facility shall be submitted to the department of planning and community development as a part of the submittal. The applicant must provide the county with detailed information regarding the proposed facility's location, latitude and longitude, and service area.

(5)

The facility shall not interfere with the radio, television or communications reception of nearby residents at the time of construction. The applicant shall take steps to successfully eliminate any such interference.

(6)

All towers and other structures shall meet all safety requirements of all applicable building codes.

(7)

All towers shall set back from any property line a distance equal to one hundred twenty (120) percent of the tower height, and in no event shall any such tower be constructed or erected nearer than one hundred twenty (120) percent of the tower height to a residential dwelling unit on the subject parcel, and five hundred (500) feet to a residential dwelling unit located on an adjacent parcel except for the following:

a.

Setbacks from residential dwelling units shall not apply to the property owners' construction of a residential dwelling subsequent to erection of the tower.

b.

No setback shall be required adjacent to VDOT right-of-way for an interstate highway. Setback requirements from residential dwelling units, however, shall supersede this provision. This provision may be modified by the board of supervisors during the special exception process.

(8)

Documentary evidence of compliance with all Federal Aviation Administration and Federal Communication Commission requirements shall be submitted by the applicant at the time of application for the special exception.

(9)

Unless otherwise allowed under the conditions of a special use permit, or as a requirement of the Federal Aviation Administration, all towers shall have a galvanized steel finish. If painting is required by the FAA, documentary evidence from the FAA requiring such painting must be provided to the County by the applicant.

Should the applicant request to construct the tower from materials other than galvanized steel, the applicant shall state the reasons for the request in the application, and the applicant shall also furnish the county with photographs, videos, or some other visual sample of the proposed finish.

(10)

All applicants must provide documentary evidence that the facility will meet or exceed applicable health standards established by the federal government and/or American National Standards Institute.

(11)

No advertising of any type may be placed on the tower or accompanying facility.

(12)

All towers and accompanying facilities must be dismantled by the owner of the tower or accompanying facility if not utilized by a service provider or properly maintained for a period exceeding twenty-four (24) consecutive months. The applicant shall post surety bond in an amount sufficient to cover the costs of dismantling. Surety shall be submitted to and approved by the county prior to site plan approval.

(13)

Owners of towers shall provide the county, or it agents or designees, co-location opportunities on each or any tower without compensation as a community benefit to improve radio communication for county departments and emergency services provided it does not conflict with the collocation requirements of subsection (3).

(14)

Maximum tower height shall be one hundred ninety-nine (199) feet.

(15)

A one hundred-foot wooded buffer easement shall be retained around the site, except for ingress/egress unless otherwise approved by the board of supervisors. An easement for the wooded buffer shall be recorded in the land records of the circuit court prior to site plan approval. Such easement shall retain the wooded buffer for the life of the tower or accompanying facilities. A section of fence at least six (6) feet in height shall be provided completely around the base of the tower and any associated equipment.

(16)

The owner of the tower shall annually provide the planning department and the commissioner of revenue a report with the names, addresses, contacts, structures and equipment for all providers utilizing the tower.

(17)

The tower shall be constructed and at least one user located on the tower within twelve (12) months of the date of issuance of the special exception or approval shall be null and void. The applicant shall post surety bond in an amount sufficient to cover the costs of dismantling. Surety bond shall be submitted to and approved by the County prior to site plan approval.

(18)

The applicant shall be responsible for any costs incurred by the county for review of the application.

(19)

Accurate, to scale, photographic simulations showing the relationship of the proposed broadcasting tower and associated antenna to the surroundings. Photographic simulations shall also be prepared showing the relationship of any new or modified road, access or utility corridors constructed or modified to serve the proposed broadcasting tower site. The number of simulations and the perspectives, from which they are prepared, shall be established with the staff.

(20)

A computerized terrain analysis showing the visibility of the proposed broadcasting tower and antenna at the requested height and location. If new or modified road, access or utility corridors are proposed, the terrain analysis shall also show the visibility of these new or modified features.

(21)

All broadcasting tower applicants shall be required, at their expense to conduct an on-site "balloon" or comparable test prior to the planning commission and board of supervisors hearings on the special use permit. The purpose of this test shall be to demonstrate the potential visual impact of the proposed tower. The dates and periods of these tests shall be established with the applicant in consultation with staff.

(b)

Amateur radio towers shall be subject to the following requirements:

(1)

Amateur radio towers shall be permitted in all zoning districts.

(2)

Amateur radio towers, including any and all antennas, appurtenances, cables, guy wires, or structural supports, shall be subject to the front, side and rear setback requirements for accessory structures for the zoning district in which the tower is located.

(3)

No amateur radio tower may exceed a height of two hundred (200) feet, as measured from the ground at a point directly beneath the apex of the tower.

(4)

Prior to the issuance of a land use permit for any amateur radio tower, the applicant shall provide the following:

a.

A completed land use application form.

b.

A copy of the approved and valid Federal Communications Commission license.

c.

A description of the proposed tower, including its height and method of construction.

d.

A survey plat of the subject property, showing meets and bounds of all property lines, the location of all existing structures, and the proposed location of the tower, including the location of cables, guy wires or other structural supports.

(c)

Wind energy facilities shall be subject to the following requirements:

(1)

Wind energy facilities shall be permitted as follows:

a.

Small systems shall be a permitted use in the A-1 district; small systems shall require a special use permit in the B-2, M-1 and M-2 districts;

b.

Large systems shall require a special use permit in the A-1, B-2, M-1 and M-2 districts;

c.

Utility scale systems shall require a special use permit in the A-1, B-2, M-1 and M-2 districts.

(2)

An application for a special use permit for a wind energy facility shall contain the following:

a.

A narrative describing the proposed wind energy facility, including an overview of the project;

b.

The approximate generating capacity of the wind energy facility;

c.

The specific number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers and a description of ancillary facilities;

d.

Identification and location of the properties on which the proposed wind energy facility will be located;

e.

A site plan sealed by a professional engineer, showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and location of all structures and properties within the geographical boundaries of any applicable setback;

f.

Signed and approved copies of any negotiated power purchase agreement and the utility company's approved schematics;

g.

Decommissioning plans that describe the anticipated life of the wind power project, the estimated decommissioning costs in current dollars and the anticipated manner in which the wind power project will be decommissioned and the site restored;

h.

Signature of the property owner(s) and the facility owner/operator of the wind energy facility;

i.

Utility scales wind energy facilities shall require an Environmental Impact Study (EIS). The EIS shall require review and comments from applicable state and federal agencies, including, but not limited to, Virginia Department of Environmental Quality, Virginia Department of Mines, Minerals, and Energy, US Army Corps of Engineers, National Park Service and the US Fish and Wildlife Service; and,

j.

Identification of adjacent land uses and zoning districts;

k.

Topographic data of subject property based on a minimum of ten-foot contours;

l.

Identification of existing tree lines on subject property;

m.

Design of the wind energy facility, including materials, colors and finishes;

n.

Estimated maximum decibel level of operating wind energy facility; and

o.

Other relevant studies, reports, certifications and approvals as may be deemed necessary by Franklin County to ensure compliance with this chapter.

(3)

The following dimensional requirements shall apply to the installation of wind turbines and/or wind energy facilities:

a.

Small systems shall require a five-acre minimum lot size; large systems shall require a ten-acre minimum lot size; utility scale systems shall require a fifty-acre minimum lot size.

b.

Small systems shall not exceed a maximum height of one hundred (100) feet from grade; large systems shall not exceed a maximum height of two hundred (200) feet from grade; utility scale systems shall not exceed a maximum height of five hundred (500) feet from grade.

c.

Height shall be measured as the vertical distance from the highest point of the structure, including turbine blades when rotated to their highest elevation, to a point on the ground directly beneath the apex of the structure, including turbine blades.

d.

Wind energy facility shall be set back from property lines, public rights-of-way and private streets in accordance with the ratio of setback to height specified in the following table:

e.

Setbacks shall be measured from a point directly beneath the apex of the structure, including turbine blades.

f.

As part of the special use permit process, the property owner(s) may request a deviation of the setback requirements of the subject property. The deviation shall describe how the proposed wind turbine and/or wind energy facility is not in compliance and state that consent is granted for the wind turbine and/or wind energy facility to not be setback as required by this chapter. Any such deviation shall be signed by adjacent property owner(s) as a condition of the special use permit.

(4)

Wind energy facilities shall be subject to design and construction requirements as follows:

a.

The installation and design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI).

b.

All electrical and mechanical components of the wind energy facility shall conform to relevant and applicable local, state and national codes.

c.

The visual appearance of wind energy facilities shall at a minimum:

1.

Maintain a galvanized finish and be nonobtrusive color such as white, off-white or gray;

2.

Not display advertising (including flags, streamers or decorative items), except for identification of the turbine manufacture, facility owner and operator.

(5)

Decommissioning or abandoned wind energy facility shall be subject to the following requirements:

a.

The wind energy facility owner, operator and/or property owner shall have three (3) months to complete decommissioning of the facility if no electricity is generated for a continuous period of twenty-four (24) months.

b.

Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads and any other associated facilities.

c.

Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

d.

A performance surety, in a form approved by the county administrator or his designee, shall be submitted by the applicant prior to the issuance of land use and building permits in order to insure removal of the wind energy facility when it is no longer to be used for wind generation.

(d)

Small cell and micro-wireless facility regulations:

(1)

The following uses associated with small cell and micro-wireless facilities are permitted by right:

a.

Base stations.

b.

Colocation on existing wireless support structures.

c.

Micro-wireless facilities.

d.

New small cell wireless facilities located on structures not originally or primarily designed as wireless support structures, including wireless support structures that are replacements of existing wireless support structures that continue or do not substantially change the preexisting use, other than on utility poles and towers.

e.

Small wireless facilities including new wireless support structures.

f.

Small wireless facilities located on utility poles.

g.

Small wireless facilities located on utility towers.

h.

Wireless support structures, including antennas.

(2)

Heights and setbacks.

a.

Heights. Wireless support structures or structures to support wireless facilities shall not exceed the following heights:

1.

Base stations shall not exceed ten (10) feet in height.

2.

Collocations on existing wireless support structures: Shall not result in a substantial change to the existing structure.

3.

Micro-wireless facilities shall not result in any change to the height of any existing structure.

4.

New small cell and micro-wireless facilities located on structures not originally or primarily designed as wireless support structures, including wireless support structures that are replacements of existing structures that continue or do not substantially change the preexisting use, other than on utility poles or towers shall not result in a change to the structure that expands its height by more than five (5) feet.

5.

All small cell and micro-wireless facilities shall meet the height limits included in the definition.

6.

Wireless support structures shall not exceed one hundred twenty-five (125) feet in height.

7.

No collocation on a utility tower shall result in a substantial change to the utility tower.

b.

Setbacks. The following setbacks shall apply:

1.

Base stations shall have a setback of at least thirty (30) feet from front lot lines, ten (10) feet from side lot lines, and thirty (30) from back lot lines.

2.

Collocations on existing wireless support structures: Shall not result in a substantial change to the existing structure.

3.

Micro-wireless facilities shall not result in any change to the setbacks of any existing structure.

4.

New small cell and micro wireless facilities located on structures not originally or primarily designed as wireless support structures, including wireless support structures that are replacements of existing structures that continue or do not substantially change the preexisting use, other than on utility poles or towers shall not result in a change to the structure that would violate its setbacks provided under chapter 25 of this Code, nor result in the increase in any existing lawful nonconformity of such structure.

5.

Small wireless facilities and support structures shall have a setback of one hundred (100) percent of their height.

(3)

Performance standards.

a.

Base stations.

1.

Base stations shall not exceed one-hundred (100) square feet.

2.

Base stations shall be screened from view from the public right-of-way and from adjacent properties using evergreen plant materials and solid fences or screen walls a minimum of six (6) feet in height and compatible with the design and materials of any other onsite buildings and structures. The outward side of such screen walls or fences shall be softened with climbing vines, shrubs, or other plant materials. Plantings shall be a minimum mature height of six (6) feet at time of installation and totally cover at least fifty (50) percent of outward-facing fence or wall surfaces, exclusive of gates and other openings.

3.

All base stations shall comply with the Franklin County Noise Ordinance, article II of chapter 15 of this Code.

b.

Collocations on existing wireless support structures shall not defeat, and shall conform to, existing stealth or camouflaging characteristics of such structure.

c.

Small cell and micro-wireless facilities shall be painted a neutral color matching the structure to which it is attached and/or contained inside of a camouflaging structure and shall blend into the structure to which it is attached.

d.

New small cell and micro wireless facilities located on structures not originally or primarily designed as wireless support structures, including wireless support structures that are replacements of existing wireless support structures that continue or do not substantially change the preexisting use, other than on utility poles or towers, shall be located within camouflaging or stealth structures.

e.

Small cell and micro wireless facilities located on utility poles, on light poles, or on other new wireless support structures shall be camouflaged.

f.

Wireless support structures shall be either monopole structures or camouflaged structures. Guyed wire and trussed structures are prohibited. Permissible camouflaged structures include, but are not limited to, monopoles that extend not more than ten (10) feet above the tallest mature tree within a two hundred-foot radius; freestanding church bell towers not more than eighty (80) feet in height; and grain silos not more than one hundred (100) feet in height. Applicants are encouraged to submit and obtain preapproval for alternative camouflaging schemes. Monopoles shall be painted a neutral color designed to blend in with the natural or built environment.

(4)

Special provisions.

a.

Surface transportation board. Facilities that are within the jurisdiction of the Surface Transportation Board are exempt from this Chapter.

b.

Prescriptive rights-of-way. Wireless facilities in prescriptive rights-of-way shall obtain the consent of the owner of the underlying land in order to satisfy the requirements contained herein.

c.

Land owned by the Commonwealth. In the event the fee of the land underlying a public right-of-way is owned by the Commonwealth of Virginia, and the Commonwealth refuses to give permission for use of its property prior to the issuance of a site plan approval under this chapter, such site plan approval shall be understood to be contingent upon the Commonwealth's approval of the siting. If the applicant does not obtain the approval of the Commonwealth within six (6) months following approval of the site plan, such site plan is void.

d.

Land use permits. If the applicant does not obtain a land use permit from the Commonwealth, if a land use permit is required, within six (6) months following approval of the site plan, such site plan is void.

(5)

Wireless facility modifications.

a.

When applicable. This section applies to all site plan applications to which Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. § 1455 and 47 C.F.R. § 1.6100, as amended) is applicable. Site plans and scaled elevations shall be required for all uses and facilities to which this section is applicable.

b.

Lawful nonconformities. Any site plan filed pursuant to this process shall not be treated as an expansion of a nonconforming use in violation of this chapter so long as such use was lawfully established.

c.

Application requirements. In order to invoke this section, the applicant must give notice to the zoning administrator of his or her intent to proceed under this section. The application requirements for any application under this section shall be the same as for any other site plan. The zoning administrator shall, within thirty (30) days of submission of an application, determine whether such application is complete for reviewing. Supplemental submissions shall be reviewed for completeness within ten (10) days of receipt. Such determination of completeness shall not be construed to mean that any application complies with all requirements of this chapter. The date on which a complete application is submitted shall be construed to be the official date of submission.

d.

Timeframe for review. The zoning administrator shall approve or disapprove an application under this section, including deciding of the applicability of this section, within sixty (60) days from the official date of submission.

e.

Deemed approved. Upon the applicant giving written notice to the zoning administrator that the sixty-day time period has elapsed without action of the zoning administrator, the site plan shall be deemed granted. Notwithstanding the deemed approval of any proposed site plan, any deficiency that would, if left uncorrected, violate local, state, or federal law, regulations, or mandatory engineering and safety requirements, shall not be deemed as having been approved by the zoning administrator.

(Ord. of 4-19-05; Res. No. 15-10-2008, 10-21-08; Res. No. 5-05-2009, 5-19-09; Ord. No. 16-12-2019, 1-8-20)

(a)

Temporary construction facilities, where permitted, shall require a temporary land use permit issued by the zoning administrator, and shall be subject to the conditions set forth below.

(b)

Any temporary construction facility shall be located within the recorded subdivision it serves or on the same lot where the construction project is located.

(c)

All areas of such properties shall be 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)

Buildings, materials, supplies and debris shall be completely removed from such property within sixty (60) days from the date of completion of the last building to be constructed or within sixty (60) days from the date active construction is discontinued, whichever occurs first.

(e)

Any temporary land use permit issued by the zoning administrator for temporary construction facilities shall be valid for an initial period not to exceed twenty-four (24) months. Thereafter, the zoning administrator may renew the temporary land use permit on an annual basis.

(Ord. of 5-25-88; Res. No. 26-05-2008, 5-20-08)

Structures for wayside stands, including vehicles, shall not exceed six hundred (600) square feet in aggregate floor area nor be located closer than thirty-five (35) feet to any public road right-of-way.

(Ord. of 5-25-88)

(a)

The minimum lot size shall be five (5) acres.

(b)

No more than one (1) garage, principle shall be allowed on any one (1) parcel.

(c)

No garage, principle and associated activity shall be less than fifty (50) feet from any property line, unless the property is under the same ownership.

(d)

A future detached residential use on the lot shall be larger in total floor area than the garage, principle, and a future detached residential use on the lot shall designate the garage, principle, as a garage, private.

(e)

No garage, principle shall exceed two thousand (2,000) square feet in total floor area as defined in section 25-40 (1 and 2). The size restriction is not intended to apply to properties where agriculture is the principle use of the property and structure.

(Amend. of 3-25-08(5))

(a)

Loose bulk storage of seed, grains and feed shall be in enclosed buildings.

(b)

Provisions shall be made for the control of dust during the handling of loose bulk storage materials.

(Ord. of 5-25-88)

This section is reserved for future use.

(a)

Temporary events, where permitted, shall require a temporary land use permit issued by the zoning administrator, subject to the conditions set forth below.

(b)

The applicant shall submit information indicating the individuals and/or parties sponsoring the event, the nature of the event, the type of entertainment scheduled, the total estimated number of people expected to attend the event, the estimated number of people expected to attend the event per day, and the dates for which the temporary land use permit is requested.

(c)

The applicant shall provide a detailed plan for event parking and parking management. Parking shall be required in a ratio of one hundred (100) square feet of land area per person, based on the estimated number of people expected to attend the event per day. Land area required for parking shall be less than twelve (12) percent in slope, and shall be cleared or unconstrained by trees, buildings, structures or other impediments to parking.

(d)

The applicant shall provide a detailed plan for adequate medical facilities, fire protection, and security of the event site. Such plan must be reviewed and approved by the Franklin County Department of Public Safety prior to issuance by the zoning administrator of a temporary land use permit.

(e)

The applicant shall provide a detailed plan for adequate sanitation facilities, garbage and trash collection and disposal, and on-site facilities for providing food, water, or lodging for persons attending the event. Such plan must be reviewed and approved by the Franklin County Department of Health prior to issuance by the zoning administrator of a temporary land use permit.

(f)

The applicant shall provide a detailed plan for off-site traffic control and circulation to provide safe ingress and egress to the event without burdening the existing road network or substantially disrupting the normal flow of traffic. Such plan shall be reviewed and approved by the Franklin County Sheriff's Office prior to issuance by the zoning administrator of a temporary land use permit.

(g)

Any lighting installed for the event shall be directed away from adjoining properties and public rights-of-way, and shall not exceed one (1) foot candle as measured at the property line.

(h)

Temporary events shall require a minimum land area of one (1) acre.

(i)

Temporary events shall be limited in duration to not more than ninety-six (96) hours. Events lasting more than ninety-six (96) hours shall not be classified as temporary events.

(j)

Events with an estimated daily attendance of three hundred (300) persons or less shall be exempt from the requirements of this section.

(Res. No. 26-05-2008, 5-20-08)

This section is reserved for future use.

This section is reserved for future use. (See the definition of "Home Occupations" in section 25-40.)

(a)

Any manufactured home park established after August 17, 1994, shall conform to the standards of the Franklin County Code, Manufactured Home Park Ordinance, as revised and effective August 17, 1994, except as herein provided.

(b)

Any mobile home park existing prior to August 17, 1994, that does not meet the standards of chapter 10, Manufactured Home Park Ordinance, shall, for the purposes of this Zoning Ordinance, be considered nonconforming, as defined by sections 25-161 through 25-169 of this Zoning Ordinance.

(Ord. of 5-25-88; Res. of 8-17-94; Res. No. 18-03-2001, 3-20-01)

The following general regulations apply to all short-term tourist rental of residential dwellings:

(a)

The use of the dwelling unit for short-term rentals shall be primarily for residential purposes related to tourism or vacationing.

(b)

There shall be no change in the outside appearance of the dwelling or premises, or other visible evidence of the conduct of such short-term rentals.

(c)

There shall be no more than two (2) adults per bedroom occupying the dwelling at any one time. An adult, for the purpose of this regulation, is any person over the age of five (5). The number of bedrooms in dwellings relying upon septic tanks and drainfields for sewage disposal shall be determined by reference to health department permits specifying the number of bedrooms for which the supporting system was designed.

(d)

All vehicles of tenants shall be parked in driveways or parking areas designed and built to be parking areas. In the case of multifamily dwellings, all vehicles must be parked in spaces specifically reserved for the dwelling unit being rented.

(e)

All boats of tenants shall be parked on the lot on which the dwelling is located. In the case of multifamily dwellings boats must be parked in areas specifically reserved for the dwelling unit being rented.

(f)

Noise generated off the lot or off the premises shall be in no greater volume or pitch than normally expected in a residential neighborhood.

(g)

A fire extinguisher and smoke detector must be installed in every dwelling.

(h)

The owner of a dwelling used for short term rental shall give the county written consent to inspect any dwelling used for short-term rental to ascertain compliance with all the above performance standards.

(Res. No. 38-11-95, 11-21-95)

No dwelling shall be used for short-term rental for vacationing, tourist, or other rental use by tenants for periods of thirty (30) days or less, unless such short-term rental use is explicitly listed in the list of permitted uses or uses permitted by special use permit for the district in which the dwelling is located

(Res. No. 22-05-98, 5-19-98)

No single-family dwelling shall be used for short-term rental for vacationing, tourist or other rental use by tenants for periods of thirty (30) days or less, unless such short-term rental use is explicitly listed in the list of permitted uses or uses permitted by special use permit for the district in question.

(Res. No. 22-05-98, 5-19-98)

(a)

No multifamily dwelling shall be used for short-term rental for vacationing, tourist, or other rental use by tenants for periods of thirty (30) days or less, unless short-term rental use is explicitly listed in the list of permitted uses or uses permitted by special use permit for the district in question.

(b)

Any proposed multifamily structure containing more than two (2) dwellings and the expansion of any existing multifamily dwelling containing more than two (2) dwellings shall comply with the standards and requirements of Chapter 22 of the Franklin County Code.

(Res. No. 22-05-98, 5-19-98; Res. No. 18-12-2001, 12-18-01)

No two-family or duplex dwelling shall be used for short-term rental for vacationing, tourist, or other rental use by tenants for periods of thirty (30) days or less, unless such short-term rental use is explicitly listed in the list of permitted uses or uses permitted by special use permit for the district in question.

(Res. No. 22-05-98, 5-19-98)

(a)

No manufactured home shall be used for short-term rental for vacationing, tourist, or other rental use by tenants for periods of thirty (30) days or less, unless such short-term rental use is explicitly listed in the list of permitted uses or uses permitted by special use permit for the district in question.

(b)

Any proposed manufactured home park and the expansion of any existing manufactured home park must comply with the standards and requirements of Chapter 22 of the Franklin County Code.

(c)

No new manufactured home shall be located in any proposed or existing manufactured home park unless and until the water and sewer system serving the lot where the dwelling will be located meets the requirements of Chapter 22.

(Res. No. 22-05-98, 5-19-98; Res. No. 18-12-2001, 12-18-01)

(a)

Any special use permit for an off-site mass drainfield that is approved by the board of supervisors shall be subject to the approval of the Virginia Department of Health. The application submitted to the board of supervisors shall include a preliminary soils report verifying the feasibility of mass drainfields on the site. However, acceptance of the report and approval of the special use permit shall not be deemed to replace or substitute for health department approval.

(b)

No special use permit for an off-site mass drainfield shall be issued unless the permit includes an approved primary drainfield and an approved reserve drainfield or such additional area or appurtenant easement capable of providing one hundred (100) percent of the capacity of such primary drainfield.

(c)

No special use permit for an off-site mass drainfield shall be approved unless the applicant and/or owner agree to connect to a public utility should it become available.

(d)

Any special use permit for an off-site mass drainfield system shall be limited to the size and capacity required to serve the principle use explicitly described in the special use permit application and to which the mass drainfield is appurtenant. After approval of the special use permit, the mass drainfield shall not be connected to serve any other parcel of land or use, nor shall it be further expanded in size or capacity unless and until a revised special use permit has been approved by the board of supervisors for the expansion.

(e)

Any replacement system shall be limited to the size and capacity required to serve the existing principle use, and shall not be further expanded unless and until a revised special use permit has been approved by the board of supervisors.

(f)

Prior to construction, the area in which the drainfield lies shall be an easement in perpetuity appurtenant to the lot or parcel upon which the structure to be served is located in accord with the sewage handling regulations of the Virginia Department of Health.

(g)

Prior to construction, such easement shall be shown on a plat of survey prepared by a licensed land surveyor, be recorded among the land records of Franklin County, and be permanently monumented in the field.

(h)

Access for sewage conveyance lines to reach the off-site mass drainfield system from the subject property shall be an easement at least fifteen (15) feet in width and shall be shown on the plat that identifies the off-site drainfield easement; provided, however, that in areas along state-maintained roads the county shall determine the width of easements on a case by case basis based on the recommendation of the Virginia Department of Health and the Virginia Department of Transportation.

(i)

No special use permit for off-site mass drainfields shall be issued unless the system meets the applicable requirements for sanitary sewer facilities as set forth in Chapter 22 of the Franklin County Code.

(Res. No. 26-09-99, 9-21-99)

(a)

Any special use permit for off-site wells, water tanks and/or water systems approved by the board of supervisors shall be subject to the approval of the Virginia Department of Health. The application submitted to the board of supervisors shall include a description of the withdrawal rates, storage capacity and water treatment facilities. However, acceptance of the report and approval of a special use permit by the board of supervisors shall not be deemed to replace or substitute for health department approval.

(b)

No special use permit for off-site wells, water tanks and/or water systems shall be issued unless the system meets the applicable requirements for water facilities as set forth in Chapter 22 of the Franklin County Code.

(c)

No special use permit for an off-site well, water tank and/or water system shall be approved unless the applicant and/or owner agree to connect to a public utility should it become available.

(d)

Any special use permit for an off-site well, water tank and/or water system shall be limited to the size and capacity required to serve the principle use explicitly described in the special use permit application and to which the well, water tank and/or water system is appurtenant. After approval of the special use permit, the water system shall not be connected to serve any other parcel of land or use, nor shall it be further expanded in size or capacity unless and until a revised special use permit has been approved by the board of supervisors for the expansion.

(e)

Any replacement well, water tank and/or water systems shall be limited to the size and capacity required to serve the existing principle use, and shall not be further expanded unless and until a revised special use permit has been approved by the board of supervisors.

(f)

Access for water lines to reach the off-site well, water tanks and/or water system from the subject property shall be an easement at least fifteen (15) feet in width and shall be shown on the plat that identifies the off-site well or water tank easement; provided, however, that in areas along state maintained roads the county shall determine the width of easements on a case by case basis based on the recommendation of the Virginia Department of Health and the Virginia Department of Transportation.

(Res. No. 26-09-99, 9-21-99)

(a)

Except as otherwise provided in this section, poultry facilities (feedlot, commercial, poultry) shall be allowed only by special use permit in the A-1 Agricultural, zoning category.

(b)

The above not withstanding, poultry facilities (feedlot, commercial, poultry) shall be allowed as a permitted use in the A-1 Agricultural, zoning category if the following requirements are met:

(1)

Poultry facilities shall be set back from all existing dwelling units as follows:

a.

A minimum of three hundred (300) feet from any existing dwelling unit in the A-1, Agricultural zoning category.

b.

A minimum of one thousand (1,000) feet from any existing dwelling unit in any other existing zoning category.

(2)

Poultry facilities shall be set back from the property lines of the parcel on which the facility is located, as follows:

a.

Front: Two hundred fifty (250) feet from edge of right-of-way or two hundred seventy-five (275) feet from the centerline of the road, whichever is greater;

b.

Side: Two hundred fifty (250) feet from side property lines;

c.

Rear: Two hundred fifty (250) feet from rear property lines.

(3)

Poultry facilities shall be set back a minimum of one thousand (1,000) feet from the following:

a.

Boundaries of any incorporated town;

b.

Boundaries of any residential zoning category;

c.

Boundaries of any platted subdivision containing three or more lots, where the average lot size of such subdivision is less than five (5) acres;

d.

Boundaries of any residential cluster development;

e.

Boundaries of any manufactured home park;

f.

Boundaries of any parcel containing a public school, church, and/or county owned building;

g.

Boundaries of any public well or public spring;

h.

Boundaries of any public water and/or sewer service areas;

i.

Boundaries of the Westlake Overlay District;

j.

Boundaries of any villages, as identified in the Franklin County Comprehensive Plan;

k.

Boundaries of the Blackwater River, Pigg River, and Gills Creek;

l.

Boundaries of the shoreline of Smith Mountain Lake.

(4)

The owner and/or operator of any proposed poultry facility shall be required to submit to the county a plan of development which includes the following:

a.

A survey showing the number, size, and location of the poultry facility or facilities planned for the subject parcel or parcels, and demonstrating that the required setbacks, as outlined in this section, are met.

b.

Identification of the zoning designation of all adjoining properties.

c.

Documentation of approval by the Commonwealth of Virginia or its designated agent, of an approved Nutrient Management Plan for the proposed poultry facility or facilities.

(5)

In the event that construction has not commenced for any poultry facility, approved in accordance with this section, within eighteen (18) months of such approval, the plan of development shall be deemed abandoned and a new plan of development shall be required. Nothing herein shall be construed to prohibit an owner and/or operator from amending his or her approved plan of development, or transferring an approved plan of development to a new owner and/or operator.

(Res. No. 12-07-2014, 7-15-14)

(a)

Commencing on July 19, 2022, and continuing until amended by the Board of Supervisors Utility-Scale Solar Generation Facility may be allowed in Franklin County by issuance of a Special Use Permit by the Board of Supervisors in the A-1, M-1, M-2, PCD, and REP.

(1)

The cumulative acreage for all Utility-Scale Solar Generation Facility located in the zoned areas of Franklin County shall be one thousand five hundred (1,500) acres.

(b)

Application. An application for a utility-scale solar generation facility shall contain:

(1)

Project narrative. A narrative identifying the applicant, facility owner, site owner, proposed operator, and describing the proposed facility including an overview of the facility and its location; the size of the site and the facility area; the current use of the site; the estimated time for construction and proposed date for commencement of operations; the planned maximum generated capacity of the facility identified as AC and/or DC; the approximate number, representative types and expected footprint of solar equipment to be constructed, including, without limitation, photovoltaic panels; ancillary facilities, if applicable; and how and where the electricity generated at the facility will be transmitted, including the location of the proposed electric grid interconnection; and a statement that addresses how the facility will be in compliance with the comprehensive plan. The statement shall address the following:

a.

Why the applicant believes the proposal will not be of substantial detriment to adjacent properties

b.

Why the applicant believes that the character of the zoning district will not be changed by the proposed action; and

c.

How the proposal will be in harmony with the purpose and intent of chapter 25 of the Franklin County Code, with the uses permitted by-right in the corresponding zoning district, with additional regulations provided in sections 25-111 through 25-137, supplementary regulations, and amendments of this chapter, and with the public health, safety, and general welfare.

(2)

Concept plan. The concept plan shall include the following information:

a.

Property lines, minimum required buffer areas, and any proposed buffer areas and setback lines that exceed the minimum requirements.

b.

An area map showing the proposed site within a five-mile radius, together with prominent landmarks, physical features, and transmission lines.

c.

Existing and proposed buildings structures and other improvements, including preliminary location(s) of the proposed solar equipment.

d.

Existing and proposed access roads, permanent entrances, temporary construction entrances, drives, and other areas requiring access to parking, including written confirmation from the Virginia Department of Transportation (VDOT) that all entrances satisfy applicable VDOT requirements.

e.

Proposed locations and maximum heights of substations, electrical cabling from the solar systems to the substations, panels, ancillary equipment and facilities, buildings, and structures (including those within any applicable buffers or setbacks).

f.

Areas where vegetative buffering will be installed and maintained and areas where pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers will be installed and maintained following Virginia Pollinator-Smart Program best practices.

g.

Existing wetlands, woodlands and areas containing substantial woods or vegetation.

h.

Identification of actively cultivated lands, and predominant soil types of those lands including the identification of soils suited to farming.

i.

Identification of any parcels located in or immediately adjacent to a designated growth area as shown in the most recently adopted comprehensive plan.

j.

Identification, zoning, and use of all adjacent parcels.

k.

Additional information may be required, as determined by the zoning administrator, such as a scaled elevation view and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed solar energy facility from potentially sensitive locations as deemed necessary by the zoning administrator to assess the visual impact of the facility, aerial image or map of the site, and additional information that may be necessary for a technical review of the proposal. The planning commission or board of supervisors may also require other relevant information deemed to be necessary to evaluate the application.

(3)

Generalized landscaping and screening plan. The applicant must submit a landscaping and screening plan with the location, size, and type of planting yards including the use of existing and newly installed vegetation to screen the facility. A detailed landscaping and screening plan with plant species, size, number, spacing, and height will be required at the time of site plan review.

(4)

Identification of environmental and cultural resources. The applicant must submit the following:

a.

The location of all historical, architectural, archeological, or other cultural resources on or near the proposed facility as documented by the Virginia Cultural Resource Information System and the department of historic resources for the department of environmental quality.

b.

The location of all wildlife and wildlife habitats documented by the department of wildlife resources.

c.

The location of airports within a mile of the proposed development.

Detailed reports of environmental and cultural resources will be required as part of the site plan review.

(5)

Performance standards. The application shall comply with the following criteria:

a.

Visual impacts. The solar facility shall minimize impacts on view sheds, including from residential areas and areas of scenic, historical, cultural, archeological, and recreational significance. The facility shall utilize only panels that employ anti-glare technology, antireflective coatings, and other available mitigation techniques, all that meet or exceed industry standards, to reduce glint and glare.

b.

National standards. Facilities shall comply with generally accepted national environmental protection and product safety standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) facilities, such as those developed for existing product certifications and standards including the National Sanitation Foundation/American National Standards Institute No. 457, International Electro Technical Commission No. 61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No. 61730-2. A site development plan shall refer to the specific safety and environmental standards being met.

c.

Setbacks. The facility area shall be set back a distance of at least a minimum one hundred fifty (150) feet from all property lines and public rights of way. A minimum setback of three hundred (300) feet is required from above ground solar infrastructure to any adjacent off-site residential structure. Exceptions to this distance may be made for adjoining parcels owned by the applicant. Increased setbacks over one hundred fifty (150) feet and additional buffering may be included in the conditions for a permit as required to reduce the visual impact of the facility. Access, erosion and stormwater structures, and interconnection to the electrical grid may be made through setback areas if such are generally perpendicular to the property line or underground.

d.

Fencing. The facility area shall be enclosed by security fencing not less than eight (8) feet in height and equipped with appropriate anticlimbing device such as strands of barbed wire on top of the fence. The height and/or location of the fence may be altered in the conditions for a particular permit. Fencing must be installed on the interior of the vegetative buffer required so that it is screened from the ground level view of adjacent property owners. The fencing shall always be maintained while the facility is in operation. and posted with appropriate safety messaging. Fencing height and design shall be coordinated with the department of wildlife resources regarding wildlife fencing that would allow ingress and egress.

e.

Vegetative buffer. A vegetative buffer sufficient to mitigate the visual impact of the facility as approved by the zoning administrator is required. The buffer shall consist of a landscaping strip at least thirty (30) feet wide, shall be located within the setbacks required under subsection (3) above, and shall run around the entirety of the area proposed for development. The buffer shall consist of existing vegetation and as needed, an installed landscaped strip consisting of multiple rows of staggered trees and other vegetation. This buffer should include vegetation a minimum of six (6) feet high at planting and reasonably expected to grow to full maturity within three (3) years. The planning commission or board of supervisors may require increased setbacks and additional or taller vegetative buffering in situations where the height of structures or topography affects the visual impact of the facility. Non-invasive plant species and pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers must be used in the vegetative buffer following Virginia Pollinator-Smart Program best practices. Screening and/or buffer creation requirements may be waived or altered for alternative designs such as landscaped berms, existing wetlands, or woodlands, if the berms, wetlands, or woodlands are permanently protected and maintained for use as a buffer. Existing trees and vegetation must be maintained within such buffer areas except where dead, diseased or as necessary for development or to promote healthy growth, and such trees and vegetation may supplement or satisfy landscaping requirements as applicable and approved by the zoning administrator. If existing trees and vegetation are disturbed, new plantings shall be provided for the buffer at least six (6) feet tall at planting. The vegetative buffer shall be maintained for the life of the facility.

f.

Pollinator habitats. The facility area shall be seeded promptly with pollinator-friendly vegetation following completion of construction in such a manner as to reduce invasive weed growth and trap sediment within the facility area. At the beginning of the next planting season the facility area, setbacks and buffers will be overseeded with appropriate pollinator-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers following Virginia Pollinator-Smart Program best practices. Once these pollinator habits are established, maintenance of the site shall follow Virginia Pollinator-Smart Program best practices unless Agrivoltaics (APV) are employed.

g.

Height. Ground-mounted solar energy generation facilities shall not exceed a height of fifteen (15) feet, which shall be measured from the highest natural grade below each solar panel. This limit shall not apply to utility poles and the interconnection to the overhead electric utility grid that meet state corporation commission requirements.

h.

Lighting. Lighting shall be limited to the minimum reasonably necessary for security purposes and shall be designed to minimize off-site effects. Lighting on the site shall be dark sky compliant.

i.

Density; location. Solar facilities shall not be located within one (1) mile of an airport unless the applicant submits, as part of its application, written certification from the Federal Aviation Administration that the location of the facility poses no hazard for, and will not interfere with, airport operations. The applicant must also provide a glint and glare study that demonstrates that the panels will be sited, designed, and installed to eliminate glint and glare effects on airport operations. The study must be conducted by qualified individuals using appropriate and commonly accepted software and procedures

j.

Panel materials. Applications shall describe all materials included in the proposed solar panels for the facility. All solar energy facility structures, racks and associated facilities shall have a non-reflective finish or appearance.

(c)

Processing and approval standards.

(1)

Community 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 facility. The meeting shall be held under the following guidelines:

a.

The applicant shall inform the zoning administrator and adjacent property owners in writing of the date, time, and location of the meeting, at least fourteen (14) days in advance of the meeting.

b.

The date, time and location of the meeting shall be advertised in a newspaper of record in the county by the applicant, at least seven (7) but no more than fourteen (14) days, in advance of the meeting date.

c.

The meeting shall be held within the county, at a location open to the public with adequate parking and seating facilities that will 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 zoning administrator a summary of any input received from members of the public at the meeting.

f.

The applicant shall make available to the public information about materials and components used for the construction, maintenance, and decommissioning of solar panels.

(2)

Review of application and site plan. Applications for utility-scale solar generation facilities will be reviewed by the County's development review team as well as third party consultants with expertise and experience in solar energy development and storm water management. Third party consultants will be chosen at the sole discretion of the County. The cost of the third-party consultant review will be estimated upon receipt of the application and charged to the applicant.

(3)

Designated growth areas. Utility-scale solar generation facilities shall be excluded from designated growth areas (DGA).

(4)

Plans and studies. Staff approval of the following plans and studies is required prior to any grading, permitting or construction:

a.

Site development plan. The approval of an administrative, minor, or major site development plan (site plan) and erosion and sedimentation control plans as defined by the Zoning Code shall be required prior to any construction. All solar generation facilities shall require a site development plan and all other documentation and approvals required by law, including those provided for any special use permit. The site development plan shall include a decommissioning plan as well as other requirements stated throughout this ordinance.

b.

A detailed landscaping and screening plan with plant species, size, number, spacing, and height shall be required prior to the approval of zoning or building permits. The plan must also include and identify pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers in the facility area and in the setbacks and vegetative buffering-following Virginia Pollinator-Smart Program best practices.

c.

A lighting plan per the County Zoning Code.

d.

Maintenance of site features. All site features such as landscaping, fencing, and stormwater management facilities shall be properly maintained throughout the life of the permit. Maintenance of such features shall be guaranteed by a surety agreement as determined by an independent landscape architect or professional engineer chosen and approved by the County administrator, but paid for by applicants, owner, or lessee. Surety must be in a form acceptable to the Franklin County attorney.

e.

A post-construction safety plan to be made available to public safety agencies to include optional training on the equipment to be located on the site.

f.

Environmental and cultural resources reports.

1.

A copy of the cultural resources review conducted in conjunction with the state department of historic resources for the department of environmental quality permit by rule process This report shall be in addition to the report required in subsection (1) above and shall further identify historical, architectural, archeological, or other cultural resources on or abutting the proposed site.

2.

A report on potential impacts on pollinators and pollinator habitats at the site, including but not necessarily limited to the submission of a completed solar site pollinator habitat assessment as required by the zoning administrator.

3.

The applicant shall be responsible for submitting an environmental impact report (EIR) prepared by a certified environmental professional [see academy of board-certified environmental professionals] or other source with comparable qualifications. The EIR shall address the potential impacts on the human environment, beneficial and negative, of the following over the projected lifespan of the proposed facility:

i.

Soil, including erosion, siltation, toxicity, productivity, and suitability for agriculture.

ii.

Water, including quantity, quality, and flow of streams, and groundwater with particular attention to the potential impacts on Smith Mountain Lake. Consult and coordinate with the Smith Mountain Lake Association which maintains a long-term and continuous monitoring program.

iii.

Wildlife, including aquatic and terrestrial, as well as subsurface, and addressing habitats, alteration of migration patterns, with particular attention to birds.

iv.

Economic, including opportunities forgone, property values, etc.

v.

Wetlands.

vi.

Noise.

vii.

Vegetation regime identifying alterations temporary and long-term.

viii.

Visual.

ix.

Impacts on pollinators and pollinator habitats at the site, including but not necessarily limited to the submission of a completed solar site pollinator habitat assessment as required by the zoning administrator.

x.

Suggested remediation measures to be employed at decommissioning.

For each likely significant negative impact, the report should identify actions which could mitigate the impact.

(d)

Decommissioning.

(1)

The site development plan for a utility-scale solar generation facility shall include a detailed decommissioning plan that provides the following:

a.

Procedures and requirements for removal of all solar energy infrastructure, equipment, facilities, or devices of the solar energy generation facility and its various structures and foundations at the end of the useful life of the facility or if it is deemed abandoned.

b.

Provisions for the restoration and regeneration of soil and vegetation with a description of pre-construction and desired post- construction conditions including productivity goals for agricultural viability. (Description is provided at the time of the concept plan.)

c.

The anticipated life of the facility

d.

The estimated overall cost of decommissioning the facility in current dollars and the methodology for determining such estimate, and;

e.

The way the facility will be decommissioned including a plan for the disposal of each component material type above and below ground.

f.

The decommissioning plan and the estimated decommissioning cost will be updated upon the request of the zoning administrator or as provided in the agreement.

(2)

Surety. Unless the utility scale solar energy facility is owned by a public utility within the Commonwealth of Virginia, the owner, lessee, or developer shall provide financial assurance of decommissioning in the form of certified funds, cash escrow, bond, letter of credit, or parent guarantee, based upon an estimate of a professional engineer licensed in the Commonwealth, who is engaged by the applicant, with experience in preparing decommissioning estimates and approved by Franklin County. Such estimate shall include one hundred (100) percent of the total projected cost of decommissioning, including the removal of all net salvage value of solar energy infrastructure, equipment, facilities, or devices, plus a reasonable allowance for estimated administrative costs related to a default of the owner, lessee, or developer, and an annual inflation factor. The surety shall be posted prior to the facility receiving its certificate of completion, or equivalent, from Franklin County to operate the use. If an adequate surety is required, the cost estimates of the decommissioning shall be updated at least every five (5) years by the applicant, owner, or operator, and provided to the County. "Gross costs" shall not include a deduction for salvage value.

(3)

Applicant, facility owner, and property owner obligation. Within six (6) months after the cessation of use of the utility-scale solar generation facility for electrical power generation or transmission, the applicant or its successor, at its sole cost and expense, shall decommission the utility-scale solar generation facility in accordance with the decommissioning plan approved by the County. If the applicant or its successor fails to commence decommissioning in a timely manner so that decommissioning may be completed within six (6) months of the facility becoming an inactive utility scale solar energy generation facility, the property owner shall conduct the decommissioning in accordance with the plan and may use bonded resources to do so, as approved and released by the County. Following completion of decommissioning of the entire utility scale solar energy generation facility, the bond shall be released and, if the County has called upon the bond and taken control of bond resources, any remaining resources held by the County shall be refunded to the surety.

(4)

Applicant, owner default; decommissioning by the County.

a.

If the applicant, its successor, and the property owners fail to decommission the solar energy facility within six (6) months, the County shall have the right, but not the obligation, to commence decommissioning activities and shall have access to the property, access to the full amount of the decommissioning surety, and the rights to the solar energy equipment and materials on the property. The applicant, and property owners, or successors, shall be responsible for reimbursing the County for all costs and expenses of decommissioning in excess of the decommissioning surety, and all such excess amounts shall attach to the real estate as a tax lien until paid in full.

b.

Any excess decommissioning surety funds shall be released to the surety after completion of decommissioning.

c.

Prior to the issuance of any permits, the applicant and the property owners shall deliver a legal instrument to the County granting the County the right to access the property and the solar energy facility equipment and materials so the County can complete the decommissioning, should it choose to do so, upon the applicant's and property owner's default. Such instrument shall bind the applicant and property owners and their successors, heirs, and assigns. Nothing herein shall limit other rights or remedies that may be available to the County to enforce the obligations of the applicant, operator, or property owner, including remedies under the County's zoning powers.

(5)

Equipment, structure and building removal. Unless otherwise approved by the County, all physical improvements, materials, and equipment related to solar energy generation, both surface and subsurface components, regardless of depth underground, shall be removed in the removal process to a site located outside the county and within ninety (90) days of decommissioning.

(6)

Infrastructure removal. A reclamation plan will be required as a part of the site plan approval for all large solar facilities. This plan will be used to assist with the cost estimate for the decommissioning bond. The reclamation plan shall include, at a minimum:

a.

All above ground and underground infrastructure shall be removed and recycled or reused, unless a written request is received from the then current property owner proposing the retention of any infrastructure, and the request is approved by the County.

b.

Final land surface conditions, including but not limited to grass, trees, cropland, pasture, including the status of on-site gravel roads if such roads remain on the property.

c.

Provisions for the restoration and regeneration of soil and vegetation with a description of pre-construction and desired post- construction conditions including productivity goals for agricultural viability.

d.

Final contours and grades; and

e.

A plan for the disposal of each component material type outside the County.

(7)

Partial decommissioning. Any reference to decommissioning the utility-scale solar generation facility shall include the obligation to decommission all or a portion of the solar energy facility, whichever is applicable with respect to a particular situation. If decommissioning is triggered for a portion, but not the entire solar energy facility, then the partial decommissioning shall be completed ln accordance with the decommissioning plan and this section for the applicable portion of the utility scale solar energy facility.

(Ord. No. 20-07-2022, 7-21-22; Ord. No. 11-02-2023, 2-21-23)

(a)

Small solar generation facilities are a permitted accessory use in all zoning districts where structures of any sort are allowed, subject to certain requirements as set forth below.

(1)

Height. Solar energy systems must meet the following height requirements:

a.

Building- or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar energy systems other than building-integrated systems shall be given an equivalent exception to height standards as building-mounted mechanical devices or equipment.

b.

Ground- or pole-mounted solar energy systems shall not exceed fifteen (15) feet in height when oriented at maximum tilt.

c.

Solar carports in non-residential districts shall not exceed twenty (20) feet in height.

(2)

Set-back. Solar energy systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located, except as allowed below.

a.

Roof- or building-mounted solar energy systems. The collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side-yard exposure. Solar collectors mounted on the sides of buildings and serving as awnings are considered to be building-integrated systems and are regulated as awnings.

b.

Ground-mounted solar energy systems. Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt, except as otherwise allowed for building mechanical systems.

(3)

Lot coverage. Ground-mount systems total collector area shall not exceed half the building footprint of the principal structure except for as provided below.

a.

Ground-mount systems shall be exempt from lot coverage or impervious surface standards if the soil under the collector is maintained in vegetation and not compacted.

b.

Ground-mounted systems shall not count toward accessory structure limitations.

c.

Solar carports in non-residential districts are exempt from lot coverage limitations.

(4)

Visibility. Solar energy systems shall be designed to minimize visual impacts from the public right-of way to the extent that doing so does not affect the cost or efficacy of the system. Visibility standards do not apply to historic building or district review as described in (e) below.

a.

Building integrated photovoltaic systems. Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use, or performance standards for the district in which the building is located.

b.

Aesthetic restrictions. Roof-mount or ground-mount solar energy systems shall not be visible from the closest edge of any public right-of-way other than an alley unless the system meets the following standards.

1.

Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than ten (10) inches above the roof.

2.

Roof-mount systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five (5) feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.

c.

Reflectors. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.

d.

This section does not apply to roof-mounted systems of residential dwellings.

(5)

Historic buildings. Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of state or federal historic designation) shall be consistent with the standards for solar energy systems on historically designated buildings published by the U.S. Department of Interior.

(b)

Plan approval required. All solar energy systems requiring a building or zoning permit shall provide a site plan for review according to the following requirements:

(1)

Plan applications. Plan applications for solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including the property lines.

(2)

Plan approvals. Applications that meet the design requirements of this ordinance shall be granted administrative approval by the zoning official and shall not require planning commission review. Plan approval does not indicate compliance with Building Code or Electric Code.

(c)

Approved solar components. Electric solar energy system components must have a UL or equivalent listing and solar hot water systems must have an SRCC rating.

(d)

Compliance with Building Code. All solar energy systems shall meet approval of local building code officials, consistent with the State of Virginia Building Code, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code. Facilities that are roof mounted shall be located on structures that comply with all provisions of the Uniform Statewide Building Code.

(e)

Utility notification. All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.

(f)

Safety standards. Roof and ground-mounted facilities shall comply with generally accepted national environmental protection and product safety standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) facilities, such as those developed for existing product certifications and standards including the National Sanitation Foundation/American National Standards Institute No. 457, International Electrotechnical Commission No. 61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No. 61730-2. A site development plan or building permit application shall refer to the specific safety and environmental standards complied with.

(g)

The provisions of this section may be varied or modified as part of a master plan or proffered condition.

Permitted Uses:

SR: Allowed by right, Supplemental Regulations apply

SUP: Special Use Permit required

(Ord. No. 20-07-2022, 7-21-22)

(a)

Definitions: These developments should be established to provide locations for campgrounds or travel trailer parks which shall be used only by travel trailers, pickup coaches, motor homes, recreational vans, camping trailers, and other vehicular accommodations all suitable for temporary habitation. By definition, "campground" includes, but is not limited to, a travel camp, recreation camp, family campground, camping resort, recreational vehicle park and camping community. The definition does not include a summer camp for children, migrant labor camp, or park or subdivision for mobile homes as defined in the Code of Virginia and this chapter.

These developments should be designed to encourage compatibility of the areas contained with surrounding land uses; to maintain a safe and healthy atmosphere for living; minimize adverse environmental impacts on the air, land and water resources of the state; and to stabilize demands on local public services.

(b)

Standards for Campgrounds and Recreational Vehicle/Camper Areas:

(1)

Lot/space sizes. Lots or spaces of this district shall be no less than three thousand (3,000) square feet. Each lot or space in this district shall be not less than fifty (50) feet in width.

(2)

Maximum percentage of lot or space coverage. Lots or spaces in this district shall have allowances so that no more than forty (40) percent of the lot or space is covered. Units placed on lots or spaces shall not be placed closer than ten (10) feet from an adjacent space.

(3)

Minimum size for campground. The area for the total campground shall be no less than three (3) acres.

(4)

Density requirements. Density shall be no more than ten (10) sites per acre.

(5)

Minimum yard dimensions:

a.

A separation distance of ten (10) feet is required between units set on lots and adjacent lot lines.

b.

Front yards, that portion of the lot between the unit and a public or private street in the campground, shall be no less than twenty (20) feet in depth which shall include the distance from the unit to the right-of-way line for the street.

(6)

Open space/recreation space requirements. Not less than five (5) percent of the gross areas of the facility shall be reserved as common open space and recreation facilities exclusive of required exterior boundary setback areas, pedestrian ways, parking bays, public or private streets and community storage facilities.

(7)

Minimum off-street parking spaces. At least two (2) off-street parking spaces of ten (10) feet by twenty (20) feet shall be provided for each lot or space on or adjacent to the lot or space, and/or a total of two hundred (200) square feet. A consolidated parking area within sixty (60) feet of the lots or spaces may be used to provide required space.

(8)

Maximum height of buildings. Buildings in this district shall be limited to thirty-five (35) feet in height.

(9)

Signs. Each campground shall, at all times, have a sign at its entrance designating the name of the campground, the owner(s) and the telephone number of the owner or renting agent. The sign and its contents shall be visible from a distance of forty (40) feet in either direction; minimum letter size shall be six (6) inches.

(c)

Plat Requirements. Any owner or developer of a tract of land in Franklin County, Virginia, proposing to develop a "campground and recreational vehicle/camper area" shall submit plats to the agent of the board of supervisors and the zoning administrator that have been prepared by a professional engineer or licensed land surveyor in the State of Virginia, whichever is applicable, in a scale of one inch equals 100 hundred feet (1″=100′) or greater, setting forth the following information:

(1)

Name and address of owner and developer.

(2)

Location and map inset showing nearest highway and intersection of highways.

(3)

Boundary survey of entire tract of land owned on which proposed camp to be located.

(4)

If less than whole tract is to be used for camp, show proposed camp to be located.

(5)

If less than whole tract is to be used for camp, show proposed use of remaining land with boundary of camp site shown.

(6)

Size, location and number of lots.

(7)

Entrances, exits, streets and walks.

(8)

Size and location of extra vehicle storage.

(9)

Location and size of proposed service buildings, including floor plan and elevations and any other structures (i.e. pools, cabanas and accessory buildings) to be located in a camp.

(10)

Location and size of recreation area, showing development plans, landscaping and drainage.

(d)

Permits Required:

(1)

Water supply. An adequate supply of water, approved by the State Health Department, shall be furnished from a public water supply system or from a private water system conforming to all applicable laws, regulations and ordinances, with supply faucets or hookups located on each lot or space. No drinking water containers or fountains shall be located in any room or building housing toilet facilities. All water lines shall be made frost free.

(2)

Sewerage facilities. In each campground, all waste or wastewater (including such waste from units or vehicles, main buildings on the site, or accessory buildings on the site, or any other shelters or enclosures that might house equipment) from a faucet, toilet, tub, shower, sink, slop sink, drain, washing machine, garbage disposal unit or laundry shall empty into a sewer system approved by the State Health Department and shall be installed in accordance with State Health Department Regulations.

(Ord. of 5-25-88)

These regulations are intended to define, permit and control the use of freestanding signs. They are hereby established to achieve the following community goals and objectives:

(1)

Protect the public health, safety and welfare of the public.

(2)

Promote the economic growth of Franklin County by creating a community image that is conducive to attracting new residents, businesses and industrial development.

(3)

Distribute equitably the privilege of using the public environs to communicate private information.

(4)

Permit reasonable legibility and effectiveness of signs and to prevent the over concentration, improper placement and excessive height, bulk, density and area.

(5)

Promote the safety of persons and property by requiring that signs not create a hazard due to collapse, fire, decay or abandonment.

(6)

Ensure that signs do not obstruct fire-fighting efforts and do not create traffic hazards by confusing or distracting motorists or by impairing driver's ability to see pedestrians, obstacles, or other vehicles or to read traffic signs.

(7)

Provide for the reasonable advertising of business and civic products and services with recognition of the effects of signage on the character of the community.

(8)

Control visual clutter and encourage high professional standards in sigh design and display.

(9)

Establish clear procedures for the administration and enforcement of this division.

(Res. No. 27-10-99, 10-19-99)

The following definitions shall apply to this division:

Freestanding sign: A sign erected on a freestanding framework supported and affixed by one or more uprights or braces on or upon the ground.

Off-premises freestanding sign: A sign structure advertising a subject which is not sold, produced, manufactured or furnished at the property on which the sign is located. A billboard is an off-premises sign.

On-premises sign: A sign that advertises goods or services primarily offered by business enterprises on the property where the sign is located.

Roof-mounted sign: An on-premises or off-premises sign that is attached to the roof of a building or protrudes more than four (4) feet above the border between the roof and the wall of a building.

Sign: Any device for visual communication out-of-doors which is used for the purpose of bringing the subject thereof to the attention of the public, but not including when standing alone, a flag, emblem, badge, or insignia of any government unit.

(Res. No. 27-10-99, 10-19-99)

(a)

Any freestanding sign displayed in Franklin County shall comply with these regulations, all applicable provisions of the Uniform Statewide Building Code, and all state and federal regulations pertaining to the display of signage.

(b)

If any sections of the above referenced regulations are in conflict, the provisions that provide the more restrictive standard shall apply.

(Res. No. 27-10-99, 10-19-99)

The following signs shall be prohibited:

(a)

Roof-mounted signs.

(b)

Vehicle-displayed signs, except as follows:

1.

When such vehicle is parked in a designated parking area on the same premises as the advertised business is located;

2.

When such vehicle is parked in a designated parking area on property owned, leased, or occupied by the owner or operator of the vehicle or trailer;

3.

When such vehicle is parked in a designated parking area on property where the advertised business is conducting legitimate business activity; or

4.

When such vehicle is being loaded or unloaded as part of its normal business use.

5.

When such vehicle is parked in a designated parking area on property where the owner or operator of the vehicle is contemporaneously engaged in the conduct of a legitimate business.

(Res. No. 27-10-99, 10-19-99; Res. No. 16-05-2009, 5-19-09)

(a)

No freestanding sign of more than thirty-two (32) square feet in area may be erected or displayed in Franklin County without an approved sign permit. Applications for a sign permit may be obtained from the Franklin County Department of Planning and Community Development.

(b)

Any owner of a parcel of land upon which a sign is to be displayed, or any authorized agent of such owner, may apply for a sign permit.

(c)

Every application of a sign permit shall include a sketch of the property indicating the lot frontage. The application shall also indicate the square footage of all existing freestanding signs on the property, and the area, size, structure, design, location, lighting and materials for the proposed signs.

(d)

A non-refundable sign permit fee in accordance with chapter 27, section 27-1 (Land Use Development Fee Schedule) of the County Code is due and payable with the filing of a sign permit application.

(e)

Any sign permit issued shall be null and void if any sign for which the permit was issued is not installed in accordance with the permit within six (6) months of the date the permit was approved.

(f)

All applications for a sign permit which includes lighting shall include a lighting plan.

(Res. No. 27-10-99, 10-19-99; Ord. of 6-15-04(2); Res. No. 17-04-2008, 4-22-08; Res. No. 15-04-2009, 4-21-09)

(a)

The area of a freestanding sign shall be calculated as follows:

(1)

The area of a freestanding sign shall be the total area of all surfaces (excluding poles or other support structures) visible from the public right-of-way. For double or multi-faced signs, only the area of surfaces visible at any one time, at any one point on the public right-of-way shall be measured when calculating sign area.

(2)

The area of monument-type freestanding signs shall include the copy area above the main pedestal but shall not include the area of the pedestal, unless the pedestal contains advertising information.

(b)

The minimum separation between freestanding signs shall be the shortest horizontal distance between two (2) signs, measured in a straight line.

(c)

In situations where these criteria do not provide guidance in determining sign area or minimum separation, the zoning administrator shall make the determination.

(d)

The height of a sign shall be measured from the abutting road grade if the sign is at or below the grade of the road. However, if the ground surface at the base of the sign is above the grade of the abutting road, then height shall be measured from the elevation at ground level.

(Res. No. 27-10-99, 10-19-99)

(a)

Any freestanding sign which was lawfully in existence at the time of the effective date of this ordinance [Res. No. 27-10-99] which does not conform to the provisions herein shall be deemed a nonconforming sign and may remain except as qualified in subsection (c) below. A nonconforming sign shall not be enlarged, extended, structurally reconstructed or altered in any manner. Except a sign head or face may be changed so long as the new head is equal to, or reduced in height, sign area and or projection and so long as the sign is not changed from an on-premises sign to an off-premises sign.

(b)

The addition of lighting or illumination to a nonconforming sign shall constitute an expansion of a nonconforming structure and shall not be permitted under these regulations.

(c)

Nonconforming signs may remain, provided they are kept in good repair, except for the following:

(1)

A nonconforming sign, which is destroyed or damaged, to the extent exceeding fifty (50) percent of its replacement value shall not be altered, replaced or reinstalled unless it is in conformance with these sign regulations. Signs damaged to a lesser extent may be restored within ninety (90) days of the damage or destruction, but shall not be enlarged in any manner.

(2)

A nonconforming on-premises sign shall be removed if the structure or use to which it is accessory is discontinued for more than two (2) years.

(3)

Whenever a change of zoning occurs by petition of the owner, contact purchaser with the owner's consent, or the owner's agent upon a lot which contain a nonconforming on-premises sign, such sign shall not be permitted without being modified in such a manner as to be in full compliance with these sign regulations.

(Res. No. 27-10-99, 10-19-99)

The zoning administrator shall have the authority to order the removal, without compensation, of any sign or sign structure that due to neglect or damage poses a clear danger to the health, safety and welfare of the public.

(Res. No. 27-10-99, 10-19-99)

(a)

A lot within any residential district shall be allowed a maximum of two (2) freestanding signs for any one lawful use, and no individual freestanding sign may exceed eighteen (18) square feet in area.

(b)

If more that one use is located on a lot, and the first use already has two (2) freestanding signs, the second business shall be allowed a maximum of one freestanding sign no more than eighteen (18) square feet in area. Each additional business shall be allowed an additional sign according to the same formula.

(c)

The required minimum separation for all freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot.

(d)

Any freestanding sign erected must have a minimum sign setback of forty (40) feet from the centerline of any public right-of-way, or fifteen (15) feet from any front property line, whichever is greater.

(e)

No freestanding sign shall exceed ten (10) feet in height.

(Res. No. 27-10-99, 10-19-99)

(a)

Lots within the A-1 district shall be allowed a maximum of two (2) freestanding signs for any one lawful use and no individual freestanding sign shall exceed thirty-two (32) square feet in area.

(b)

If more than one lawful use is located on a lot, and the first use already has two (2) freestanding signs, the second use shall be allowed a maximum of one freestanding sign not more than thirty-two (32) square feet in area. Each additional use shall be allowed an additional sign according to the same formula.

(c)

The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be two hundred and fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot.

(d)

Any freestanding sign erected must have a minimum sign setback of forty (40) feet from the centerline of any public right-of-way, or fifteen (15) [feet] from any front property line, whichever is greater.

(e)

No freestanding sign shall exceed fifteen (15) feet in height.

(Res. No. 27-10-99, 10-19-99)

(a)

Each lot within a business or industrial district shall be allowed a maximum of two (2) freestanding signs for any one business use and no single sign shall exceed one hundred (100) square feet of sign area.

(b)

If more than one business is located on a lot, and the first business already has two (2) freestanding signs, the second business shall be allowed a maximum of one freestanding sign no more than one hundred (100) square feet in area. Each additional business shall be allowed an additional sign according to the same formula.

(c)

The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot.

(d)

Any freestanding sign erected must have a minimum sign setback of forty (40) feet from the centerline of any public right-of-way, or fifteen (15) feet from any front property line, whichever is greater.

(e)

No freestanding sign shall exceed thirty (30) feet in height.

(Res. No. 27-10-99, 10-19-99)

(a)

Off-premises sign. Freestanding off-premises signs shall be allowed in business and industrial districts provided the following location and design standards are met:

(1)

No freestanding off-premises sign shall be located within a 500-foot radius of an existing off-premises sign or an off-premises sign for which a valid permit has been obtained but has not yet been erected. The 500-foot radius shall be measured only on the same side of the road as the proposed sign. It shall not apply to signs on the opposite side of the road.

(2)

No freestanding off-premises sign shall be located within two hundred (200) feet of any residential zoning district, nor within two hundred (200) feet of a public square, park, school, library, or religious assembly property, unless such land is zoned B-1, B-2, M-1 or M-2.

(3)

No off-premises sign shall be installed on any roof structure, nor shall any such sign exceed thirty (30) feet in height above the abutting road.

(4)

Side by side, double and multi-decker off-premises signs shall not be permitted.

(5)

Any off-premises sign must have a minimum sign setback of forty (40) feet from the centerline of any public right-of-way, or fifteen (15) feet from any front property line, whichever is greater. Any off-premises sign shall have a minimum side and/or rear yard setback of fifteen (15) feet.

(6)

The maximum size of any free standing off-premises sign on a lot shall be three hundred seventy eight (378) square feet plus ten (10) percent for embellishments.

(b)

Entrance signs. No more than two (2) entrance signs may be placed at any one entrance to subdivision, housing development, farm, estate, business or industrial park naming the place and providing no sale or lease reference. In agricultural and residential districts, such entrance signs may not exceed thirty-two (32) square feet in area. In business and industrial districts, such signs shall not exceed one hundred (100) square feet in area.

(c)

Planned developments. A signage plan shall be submitted as a part of any proposal for a planned residential development (RPD), or business or industrial district rezoning as authorized elsewhere in this division. All signage plans shall be of sufficient detail to judge the compatibility of the proposed signage with the character of the proposed district.

(d)

Shopping center or industrial park tenant directories. Any shopping center or business park with multiple tenants shall be allowed, in addition to the other freestanding signs herein specified, a freestanding tenant directory located at the entrance to the center or park, provided that the total area of such directory shall not exceed one hundred (100) square feet and that no more than two (2) such directories shall be permitted for any one center or park.

(e)

Lots without public street frontage. Lots without public street frontage that existed upon the effective date of this division shall be allowed signage based upon the applicable district regulations as provided for in sections 25-156.9 through 25-156.11 of this division. Permitted signage shall be calculated based upon the frontage width of the lot that parallels the nearest public street.

(Res. No. 27-10-99, 10-19-99)

Requests for variances to these sign regulations shall follow the procedures outlined in section 25-775 of the Zoning Ordinance. The board of zoning appeals, in considering any variance request, shall follow the guidelines of this section, and the Code of Virginia (1950) as amended. The power to grant variances does not extend to an economic hardship related to the cost, size or location of a new sign, or to the convenience of an applicant, nor should it be extended to the convenience of regional or national businesses which propose to use a standard sign when it does not conform to the provisions of this section.

TABLE 1: ON-PREMISES BUSINESS SIGN REGULATIONS

TABLE 2: OFF-PREMISES SIGN REGULATIONS

The following shall apply to churches, fraternal and civic organizations located within zoned areas of the county and those corridors as defined in section 25-483 including the portion of those corridors within the non-zoned area of the county.

(a)

No more than one (1) freestanding monument type sign per lot not to exceed thirty-two (32) square feet in area with a maximum height of eight (8) feet for any lot fronting on a two-lane secondary road.

(b)

No more than one (1) freestanding monument type sign per lot not to exceed forty-eight (48) square feet in area with a maximum height of eight (8) feet for any lot fronting on a two-lane primary road or highway.

(c)

No more than one (1) freestanding monument type sign per lot not to exceed sixty (60) square feet in area with a maximum height of ten (10) feet for any lot fronting on a four-lane divided highway.

(d)

Building mounted signage not to exceed thirty-two (32) square feet in the aggregate.

(e)

The combined square footage of the base, supporting structure and decorative elements of a freestanding monument type sign shall not exceed a ratio of 3:1 in relation to the size of the copy area of the sign. (i.e. The base, supporting structure and decorative elements of sign with a copy area of thirty-two (32) square feet shall not exceed ninety-six (96) square feet).

(f)

Any church, fraternal or civic organization with three hundred (300) or more feet of total road frontage and where the proposed sign is setback thirty-five (35) feet or more from the front property line shall be able to increase the size of the freestanding monument sign including sign face and base by twenty-five (25) percent.

(g)

Any decorative entrance wall on which a sign is mounted shall be excluded from the 3:1 ratio in subsection (e). Such decorative entrance wall shall be considered the freestanding monument sign for the property and any attached sign face shall meet the size requirements above.

(Ord. of 2-21-06(3))

The purpose of this division is to promote the general welfare by controlling light trespass and to protect the public safety through the prevention of glare by regulating the size, height, placement, direction and intensity of outdoor lighting in a manner that:

(a)

Permits the reasonable use of outdoor lighting for safety, utility, commerce, and security;

(b)

Minimizes glare and obtrusive light on public streets and adjacent properties by controlling the direction and intensity of light;

(c)

Preserves night skies, to the extent practicable, by directing light downward or otherwise controlling for upward-escaping light; and

(d)

Protects residential neighborhoods by limiting light trespass.

(Res. No. 15-04-2009, 4-21-09)

(a)

The regulations of this division shall apply to the installation or replacement of any outdoor lighting that requires a building permit. Such installation or replacement shall require the submittal of a photometric plan demonstrating the requirements of this division are met.

(b)

The routine maintenance of any existing outdoor lighting fixture, including the changing of lamps or light bulbs, housing, lenses or other similar components, does not constitute replacement and shall not be subject to the requirements of this division.

(Res. No. 15-04-2009, 4-21-09)

The following outdoor lighting shall be exempt from the requirements of this division:

(a)

Security lighting controlled by motion sensors which provides illuminations for fifteen (15) minutes or less;

(b)

Dusk to dawn lighting associated with agricultural uses;

(c)

Temporary lighting for holiday decoration or civic occasions;

(d)

Temporary lighting for construction purposes, provided that such lighting is removed upon completion of the construction activity.

(e)

Lighting required and regulated by the Federal Aviation Administration;

(f)

Lighting of the flag of the United States of America or the Commonwealth of Virginia, or other noncommercial flags expressing constitutionally protected speech.

(Res. No. 15-04-2009, 4-21-09)

The following standards shall apply to street lighting:

(a)

Street lights shall be located and arranged so that light output does not exceed 0.5 footcandles at any point that is fifty (50) feet from the light source.

(b)

Street lights shall be limited to 35 feet in height, as measured from grade at a point directly below the light source.

(c)

Street lights fixtures shall be down-casting and full cut-off.

(Res. No. 15-04-2009, 4-21-09)

The following standards shall apply to site lighting:

(a)

Site lighting shall be located and arranged so that light output does not exceed 0.5 footcandles at the front, side, and rear property lines.

(b)

Site lights shall not exceed thirty-five (35) feet in height, as measured from grade at a point directly below the light source, except as otherwise provided in this section.

(c)

Site lighting fixtures shall be down-casting and full cut-off, except as otherwise provided in this section.

(d)

Site lighting that is intended to illuminate the playing surface of an outdoor recreation facility shall comply with the following:

(1)

Lights shall not exceed eighty (80) feet in height, as measured from grade at a point directly below the light source.

(2)

Light fixtures shall be shielded in a manner that precludes light trespass in an upward direction. Such fixtures are not required to be full cut-off, and may be aimed in a direction other than downward, provided that the light source is shielded from above.

(3)

Lights shall be located and arranged so that light output does not exceed 0.5 footcandles at the front, side, and rear property lines.

(Res. No. 15-04-2009, 4-21-09; Res. No. 12-02-2012, 2-21-12)

The following standards shall apply to building lighting:

(a)

Building lights shall be located and arranged so that light output does not exceed 0.5 footcandles at the front, side, and rear property lines.

(b)

Building light fixtures shall be down-casting and full cut-off.

(Res. No. 15-04-2009, 4-21-09)

The following standards shall apply to sign lighting:

(a)

Internally-illuminated signs shall have an opaque background with translucent text and/or symbols, or a translucent background that is not white, off-white, or yellow in color. Light output from internally illuminated signs shall not exceed 0.25 footcandles at the front, side, and rear property lines.

(b)

Externally-illuminated signs may be lighted by:

(1)

An attached lighting fixture which is attached to the sign face or sign structure, provided that the lighting fixture is downward-casting and full cut-off. The light source shall be shielded from view from public streets, private streets, and adjoining properties. Light output shall not exceed 0.25 footcandles at the front, side, and rear property lines.

(2)

A detached lighting fixture which is physically separate from the sign face and sign structure, provided that the light source is directed toward the sign, is shielded from view from public streets, private streets, and adjoining properties, and provided that light output does not exceed 0.25 footcandles at any point that is fifty (50) feet from the light source. Light output shall not exceed 0.25 footcandles at the front, side, and rear property lines.

(Res. No. 15-04-2009, 4-21-09)

The following standards shall apply to landscape lighting:

(a)

Landscape lighting shall be located and arranged so that light output does not exceed 0.25 footcandles at the front, side, and rear property lines.

(b)

Landscape light fixtures shall be down-casting and full cut-off, except as allowed elsewhere in this section.

(c)

Upcasting landscape lights shall be permitted if:

(1)

The light source is directed toward a building, structure, wall or landscape feature;

(2)

The light source is shielded from view from all public streets, private streets, and adjoining properties;

(3)

Light output does not exceed 0.25 footcandles at any point that is fifty (50) feet from the light source.

(Res. No. 15-04-2009, 4-21-09)

If any outdoor lighting is lawfully in existence at the time of adoption or amendment of this chapter which does not conform to the provisions of this chapter, such outdoor lighting fixtures may be continued, provided that no change shall be made which increases the degree or extent of nonconformity with the provisions of the division as adopted or amended.

(Res. No. 15-04-2009, 4-21-09)

(a)

Any use, activity, lot or structure lawfully in existence on the effective date of this chapter which does not conform to the provisions of this chapter relating to the district in which the same is situated may be continued in accordance with the provisions of this section.

(b)

All nonconforming uses legally existing at the time of the enactment of this section and division shall be allowed to transfer ownership or leasehold interest.

(c)

Any such use, activity or structure which is discontinued for more than two (2) years shall be deemed abandoned and shall thereafter conform to the provisions of this chapter relating to the district in which the same is situated.

(d)

Whenever any such use, activity or structure is changed to a conforming or a more restricted nonconforming use, activity or structure, the original use shall be deemed abandoned.

(Ord. of 5-25-88)

On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to such extent that the structure is kept in usable condition. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with promoting public safety upon order of such official.

(Ord. of 5-25-88)

Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this section.

(Ord. of 5-25-88)

(a)

Any existing nonconforming use or activity shall conform to the provisions of this chapter relating to the district in which the same is situated whenever such nonconforming use or activity is enlarged, increased, extended, or altered.

(b)

A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the time of enactment of this chapter.

(c)

Where a lawful building or structure exists at the time of passage or amendment of this chapter which could not be built under the terms of this chapter by reason of restrictions on area, bulk, lot coverage, height, yards, or other characteristics of the building or structure, or its location on a lot, such building or structure may be continued so long as it remains otherwise lawful provided:

(1)

A nonconforming building or structure may be enlarged, extended or altered provided the enlargement, extension or alteration does not in any way increase or extend its nonconformity.

(Ord. of 5-25-88; Ord. of 6-15-04(3); Ord. No. 09-02-2018, 2-21-18)

(a)

Any lot of record at this time of the adoption of this chapter which is less in area and/or width than the minimum required by this chapter may be used in a manner consistent with the uses permitted for a lot having the minimum area and/or width so required; provided, that the rear, side and front yard and setback requirements of this chapter shall be maintained; and provided further, that no such use shall be permitted which is determined by the zoning administrator to constitute a danger to the public health, safety and general welfare.

(b)

In case of any subdivision which was approved pursuant to the zoning document, the rear yard, side setback and front setback shown on the plat are grandfathered as long as the following criterias are met:

(1)

The front setback and rear yard is twenty-five (25) feet or greater.

(2)

The side setback is ten (10) feet or greater.

(3)

The structure is built consistent with structures on adjacent property.

(c)

For purposes of this situation, any lot shown on a preliminary or final subdivision plat which was approved by the proper authority of the county in accordance with law prior to the adoption of this chapter, and which plat was subsequently recorded in due course, shall be deemed to be a lot of record at the time of the adoption of this chapter.

(Ord. of 5-25-88)

(a)

Whenever any nonconforming structure (except signs), or a structure the use of which is nonconforming, is damaged as a result of factors beyond the control of the owner and/or occupant thereof, such structure may be repaired and/or reconstructed and the nonconforming use thereof continued as provided in this section, provided that such repair and/or reconstruction shall be commenced within twelve (12) months and completed within twenty-four (24) months from the date of such damage; and provided further, that no such structure shall be enlarged or expanded as a part of such repair and/or reconstruction. Mobile homes in a residential district legally before the enactment of this section may be restored in the event they are destroyed or damaged by events beyond control of owners.

(b)

Any such structure which is substantially destroyed as a result of any act or omissions within the control of the owner thereof shall be deemed to have been abandoned in accordance with section 25-161 above.

(Ord. of 5-25-88)