A zoning permit shall be required for the erection, construction, reconstruction, moving, adding to, or alteration of any structure, or the establishment of any land use, except as listed below:

(1)

Patios at grade, driveways, sidewalks, retaining walls, fences, docks, and playgrounds.

(2)

Accessory structures, as defined, under 256 ft ² .

Zoning permits for covered porches, balconies, chimneys, eaves and like architectural features may allow for the projection not more than four feet into any required yard; provided that no such feature shall be located closer than five feet to any lot line.

No permit shall be issued by the administrator for any building or structure that requires or will contain water and/or sewage facilities until the administrator receives approval in writing from the appropriate agency for the certification of the water and sewer systems. Such approval of request shall be initiated by the applicant for the zoning permit, and shall be at his expense.

For any use, building, or structure requiring an approved site development plan, no zoning permit shall be issued until such time as a site development plan is submitted, reviewed, and approved in accordance with article 19 of this ordinance.

Each application for a zoning permit shall be accompanied by two copies of a scale drawing. The drawing shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land, and the location of such building or use with respect to the property lines of said parcel of land and to the right-of-way of any street or highway adjoining said parcel of land. Any other information which the administrator may deem necessary for consideration of the application may be required. If the proposed building or use conforms with the provisions of this ordinance and all other county and state regulations, a permit shall be issued to the applicant by the administrator.

16-1-1 Zoning permits; relation to building permits. No building permit for the extension, erection, or alteration of any building or structure shall be issued before an application has been made and a zoning permit issued.

All zoning permits issued in association with building permits shall be valid for the longevity of the associated building permit.

Certificates of occupancy. No building or structure shall be occupied until a certificate of occupancy has been issued by the building official and zoning administrator. The final zoning inspection approval may serve as evidence of the zoning administrator's approval of the certificate of occupancy for any new structure, addition or alteration.

(1)

The certificate of occupancy shall only be approved if any of the improvements to be completed are not directly related to public health and safety.

(2)

The certificate of occupancy shall only be issued after a bond with surety, a letter of credit, or other form of surety is submitted for the amount sufficient for the completion of the improvements within one year.

Temporary certificate of occupancy. Upon the request of the applicant, the building official and zoning administrator may approve a temporary certificate of occupancy, where the structures shown on the site plan or building permit are not completed in compliance with the applicable articles in the ordinance.

(1)

The temporary certificate of occupancy shall only be approved if any of the improvements to be completed are not directly related to public health and safety.

16-1-2 Zoning permits; certificate of zoning compliance. A certificate of zoning compliance shall be required for any of the following:

(1)

Change in the use of an existing building.

(2)

Warranted activities listed in this ordinance associated with temporary use events, mobile food units, farm winery, farm brewery, agricultural operation events.

(3)

Any change in use of a non-conforming use, or any alteration of a non-conforming building or structure.

No such use or change in use shall take place until a certificate of zoning compliance has been issued by the zoning administrator. Such certificate shall certify that the building or the proposed use, or the use of the land, complies with the provisions of this ordinance. Upon application of the owner or an authorized agent, the county shall issue the certificate of zoning compliance for any use that the county finds in conformity with all applicable provisions of this ordinance and all other applicable federal, state, and/or county laws.

16-1-3 Structures located on lot of record. Every building hereafter erected, reconstructed, moved or structurally altered shall be located on a lot of record.

16-1-4 [Principal] building and use. In no case, shall there be more than one [principal] building or use on one lot unless otherwise specifically provided in this ordinance. Agricultural or forestal buildings or uses may be constructed or conducted on lots upon which there is not a [principal] structure. More than one [principal] building or use may be permitted in the B-1, B-2, B-3, M-1, and M-2 Zoning Districts. (Adopted 10/30/01)

16-1-5 Additional single family dwelling in C-1 and A-1 Zoning District. In the C-1 and A-1 Zoning Districts, one additional single-family dwelling may be constructed on a parcel of record in addition to the [principal] dwelling at the density not to exceed one additional single-family dwelling to every 16 acres of land. When constructing more than one single-family dwelling on a parcel of record in accordance with this section, the setbacks and area requirements as required in article 3 and article 4 shall apply. (Adopted 10/30/01)

16-1-6 Regulations related to utility lots. (Revised 8/11/09)

16-1-6.1 Area regulations. A minimum lot area is not required for utility lots.

16-1-6.2 Frontage. A minimum frontage is not required for utility lots.

16-1-6.3 Setback regulations. Structures, whether primary or accessory, that are located on utility lots in all zoning districts shall be located ten or more feet from any street right-of-way.

16-1-6.4 Yard regulations. The minimum side and rear yard for each structure shall be ten feet.

16-1-6.5 Screening yards may be required by the zoning administrator as regulated by [subsection] 19-6-2 of the Greene County Zoning Ordinance.

(Ord. of 6-12-18)

Some uses require a special use permit, which is reviewed by the planning commission and then authorized by the board of supervisors.

16-2-1 Applications. Applications for special use permits may be made by any property owner. Such application for the special use permit shall be made to the zoning administrator on the form provided for the purpose. The application shall be accompanied by the appropriate fee and a drawing(s) showing the following information:

(1)

The size, shape and dimensions of the parcel of land for which the use is proposed.

(2)

The nature of the proposed use of the land or building.

(3)

The location of such building or use with respect to the right-of-way of any street or highway adjoining said parcel of land.

(4)

The location of such building or use with respect to the property adjoining said parcel of land.

The zoning administrator may also request additional information that the zoning administrator deems necessary to facilitate consideration of the application.

The applicant shall also provide satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the county and have been properly assessed against the subject property, have been paid. (Reference: § 15.2-2286.B)

The application and all supporting information shall be transmitted to the zoning administrator who shall schedule a public hearing on the matter. Public hearings by the planning commission and the board of supervisors shall be conducted in accordance with state and local laws.

16-2-2 Public hearing process. The zoning administrator shall transmit a copy of the application and accompanying information to the planning commission which shall hold a public hearing, review the application, and send a recommendation to the board of supervisors.

Notice of public hearings relating to special use permit applications shall be in accordance with Code of Virginia, § 15.2-2204.

The planning commission shall take one of three actions on the special use permit application.

(1)

The planning commission shall recommend approval of the application as proposed;

(2)

The planning commission shall recommend approval of the application subject to specific changes being made prior to action by the board of supervisors; or

(3)

The planning commissions shall recommend denial of the application.

If the planning commission recommends approval contingent upon specific changes, the planning commission will include the specific changes deemed necessary for approval of the application.

The board of supervisors may either approve or deny the application or defer action to allow changes to be made prior to final action by the board of supervisors. In approving an application for a special use permit, the board of supervisors may impose conditions, modifications, or regulations to ensure public safety, health, and welfare.

16-2-3 Factors to consider. The planning commission and board of supervisors shall consider but not be limited to the following guidelines when reviewing and acting upon a special use permit.

(1)

The use shall not tend to adversely change the character and established pattern of development of the area or community in which it wishes to locate.

(2)

The use shall be in harmony with the uses permitted by right under a zoning permit in the zoning district and shall not affect adversely the use of neighboring property.

(3)

The requested or related conditions shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

(4)

Due consideration shall be given to the suitability of the property for the use applied for with respect to trends of growth or change; the effect of the proposed use upon the community; requirements for transportation, school, parks, playgrounds, recreational areas; conservation of natural resources, preservation of flood-plains, and encouraging the most appropriate use of the land. In all cases the planning commission and board of supervisors will adhere to the intent of the applicable county zoning ordinance and the comprehensive plan.

16-2-4 Conditions. The planning commission may recommend and the board of supervisors may impose upon a special use permit conditions that are deemed necessary to address impacts on public health, safety, or welfare and to be consistent with the comprehensive plan.

The conditions may include, but are not limited to the following:

(1)

The abatement or restriction of noise, smoke, dust or other elements that may affect surrounding properties.

(2)

The establishment of additional requirements relating to building setbacks; front, side, and rear yards; hours of operation; outside storage of materials; duration and intensity of use; building heights; and other particular aspects of occupancy or use.

(3)

The provision for adequate off-street parking and ingress/egress to public streets and roads in order to prevent traffic congestion.

(4)

The provision for the protection of adjoining property with a buffer and/or screening yard to shield the proposed use if deemed necessary.

(5)

The establishment of a time limit by which the use must begin, end, or be renewed in order to assure that the permit remains valid.

Upon the approval, conditional approval, or denial of a special use permit, the zoning administrator shall issue a letter to the property owner and the applicant indicating the board of supervisors' decision and a list of applicable conditions. The specific use for which the permit has been granted shall be conducted only in such manner and in such location as approved by the board of supervisors.

Except as the board of supervisors may specify in a particular case, any condition imposed on a special use shall be deemed to be essential and non-severable from the permit itself and any condition determined to be invalid, void, or unlawful shall invalidate the special use permit.

16-2-5 Non-conforming uses. Any use, building, or activity legally in existence on the effective date of this ordinance or for which a building permit was issued prior to the effective date of this ordinance, shall not require a special use permit, so long as such existing use, building or activity is not expanded or enlarged beyond the boundaries or scope of the existing use on the effective date of this ordinance, and provided that such existing use, building, or activity is in compliance with article 15.

16-2-6 Existing special use permits. The following applies to the administration of any existing special use permit approved prior to March 22, 2016:

Conditions. If any condition of the special use permit is more restrictive than an applicable article in the zoning ordinance, then the more restrictive condition shall apply. If any condition of the special use permit is less restrictive than an applicable article in the zoning ordinance and the applicant establishes that vested rights have attached to the approved use, then the special use permit conditions shall apply.

16-2-7 Revocation for noncompliance with conditions. A special use permit may be revoked by the board of supervisors after a public hearing if the board of supervisors determines that there has not been compliance with the conditions of the permit. Notice of the public hearing shall be as provided in Code of Virginia, § 15.2-2204. The written notice provided by the board of supervisors to the owners, their agents, or the occupants of abutting parcels and parcels immediately across the street from the parcel(s) subject to the special use permit may be given by first-class mail rather than by registered or certified mail. (Reference: Code of Virginia, § 15.2-2309.7)

(Ord. of 6-12-18)

Mobile and manufactured home parks shall be allowed in the R-2 district only. The location of such parks shall require, in addition to the zoning permit and certificate of occupancy, a special use permit issued by the board of supervisors. Operators of such parks shall comply with the following provisions:

16-4-1 Any person, firm or corporation desiring to establish in an existing mobile and manufactured home park a number of mobile home lots greater than the number existing at the time of the passage of this section shall first obtain a zoning permit as required by the ordinance.

16-4-2 Each application for a zoning permit to operate, maintain, or construct a mobile and manufactured home park shall be accompanied by two copies of a plat drawn to scale showing limits and square footage of mobile and manufactured home park, location and size of driveways, parking areas, drying areas, playgrounds, service buildings, mobile and manufactured home lots or locations, the nature and location of screening, and required setback from all public roads.

16-4-3 Area. A minimum of 5,200 square feet shall be provided for each single-wide mobile and manufactured home lot. A minimum of 6,500 square feet shall be provided for each double-wide home lot. Each lot shall have a frontage on a street, lane, or highway. A mobile and manufactured home park shall be eight acres or more in area and have lots, facilities and services for 25 or more mobile and manufactured homes. Density shall not be in excess of eight units per gross acre of total site.

16-4-4 Width. Each mobile or manufactured home lot shall have a minimum width of 40 feet for single-wide homes and 55 feet for double-wide homes.

16-4-5 Distances. Mobile manufactured home lots shall be arranged so as to provide a distance of 30 feet or more between individual units, but in no case closer than five feet to the individual lot line of the home space. (Revised 1/11/05)

16-4-6 Setback. No mobile or manufactured home shall be located closer to the mobile or manufactured home park boundary than 25 feet. All mobile or manufactured homes shall be set back from any public street for a distance of 50 feet on grade for the right-of-way line.

16-4-7 Markers for mobile or manufactured home lots. Every home lot shall be clearly defined by markers posted and maintained in a conspicuous place on each lot corresponding to the number of each lot as shown on the site plan submitted.

16-4-8 Streets. All streets, walkways, parking bays and the like are to conform with the subdivision ordinance of Greene County.

16-4-9 Parking spaces. Parking spaces shall be provided at the rate of two spaces per mobile or manufactured home lot. Each parking space shall be at least ten feet wide by 22 feet deep and shall be surfaced with a durable hard material suitable for all weather use.

16-4-10 Water supply. An adequate supply of water approved by the health department shall be furnished from a public or private water system with supply faucets located at each mobile home lot.

16-4-11 Sewage disposal. In each mobile or manufactured home park all domestic waste, or domestic waste from a faucet, toilet, tub, shower, sink, slop-sink, drain, washing machine, garbage disposal unit, or laundry shall empty into a sewer system constructed in accordance with the health department.

16-4-12 Plumbing. All mobile or manufactured homes must be equipped with indoor kitchen and bathroom facilities.

16-4-13 Garbage/trash disposal. Tightly covered leak-proof garbage containers with an adequate garbage collection service shall be provided by the owner or operator of such park for each lot therein.

16-4-14 Lighting/electricity. All entrances, exits, and driveways shall be lighted at night and not less than one 100 watt electric light shall be provided for each 200 linear feet of internal driveways. Each mobile or manufactured home shall be provided with electrical outlets as recommended by the Virginia Uniform State Building Code.

16-4-15 Playgrounds. Each mobile or manufactured home park shall provide park and/or playground space, specifically and exclusively for that purpose, at a rate of 200 square feet per mobile home lot and a minimum of 2,500 square feet per park.

16-4-16 Patio. A 100 square feet patio shall be installed for each mobile or manufactured home. Said patio shall be constructed of asphalt or concrete and shall be no less than three inches thick. Treated wood decks of comparable size constructed in accordance with the Uniform Statewide Building Code may be substituted.

16-4-17 Additions. No structure shall be affixed to any mobile or manufactured home in a mobile or manufactured home park. The prohibition herein against any addition to a mobile or manufactured home shall not apply to a canopy or awning designed for use with a mobile or manufactured home, nor to any expansion unit or accessory structure specifically manufactured for mobile or manufactured homes.

(Ord. of 6-12-18)

Outside of mobile or manufactured home parks.

(1)

Existing legal hardship mobile homes, that were issued a special use permit prior to July 23, 2013, may be reviewed for renewal as provided by each applicants conditions provided by the approved special use permit. The renewal will need to follow the procedures defined in [section] 16-2 (special use permits) of the Greene County zoning ordinance. (Revised 7/23/13)

16-5-1 The following may be authorized by the county administrator subject to guidelines established by the Greene County planning commission.

(1)

Temporary occupancy of mobile or manufactured home in the residential R-1 district by the owner on his property for up to 12 months or until a certificate of occupancy is issued, whichever shall be less, while a dwelling is being reconstructed or replaced;

(2)

Mobile or manufactured homes used as office and living quarters of supervisory or other personnel on the construction site for the duration of such work, in all districts;

16-5-2 Bond. The administrator may require the posting of a bond to assure that any temporary mobile home will be removed and the site left in good order at the expiration of the permit.

16-5-3 Unlawful. It shall be unlawful for any person, firm or corporation to permit any mobile or manufactured home which is to be used as a dwelling or living quarters to be parked upon any land under his or its partial or complete control unless said mobile home is in accordance with this ordinance and the Industrialized Building Code of Virginia, 1984 as amended.

16-5-4 Registration. Any mobile or manufactured home in use on the effective date of this ordinance shall be registered with the zoning administrator by its owner within 60 days therefrom and any home not so registered within said time shall be presumed to be in violation.

(Ord. of 6-12-18)

If, in any district established under this ordinance, a use is not specifically permitted and an application is made by a property owner to the administrator for such use, the administrator shall refer the application to the planning commission in conformance with article 18, which shall make its recommendations to the governing body within 60 days. On the recommendation of the governing body, the ordinance shall be amended to list the use as a permitted use in the district. (Revised 1/11/05)

(Ord. of 6-12-18)

Whenever there shall be plans in existence, approved by either the state department of transportation or by the governing body for the widening of any street of highway, the planning commission may require additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way for such proposed street or highway widening.

(Ord. of 6-12-18)

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

16-8-1 Parking space as required in the following shall be on the same lot with the main building, except that in the case of buildings other than single family or duplex dwellings, space may be located as far away as 300 feet. Parking spaces shall measure nine feet by 18 feet where there is a 24 foot travelway and ten feet by 18 feet where there is a 20 foot travelway. In no case shall a parking space consist of less than 162 square feet. (Revised 1/11/05)

16-8-2 All parking spaces and access driveways shall be covered with an all-weather surface, and shall be graded and drained for the proper disposal of surface water.

16-8-3 In residential districts there shall be provided either in a private garage or on the lot, space for the parking of two automobiles for each dwelling unit in a new building, or for each dwelling unit added in the case of the enlargement of an existing building. For each senior residential (age 55 and older) dwelling unit there shall be a minimum of one off-street parking space consisting of not less than 162 square feet; provided however that the average parking spaces per dwelling unit over the entire community shall be one and one-half off-street parking spaces.

16-8-4 Motels, hotels, and tourist lodging shall provide one automobile parking space for each guest room, plus one space for each two employees or permanent residents, plus such additional spaces as are required herein for affiliated uses such as restaurants and the like. (Revised 7/12/16)

16-8-5 For churches, high schools, college and university auditoriums, and or theaters, general auditoriums, stadiums and other similar places of assembly, there shall be provided at least one off-street parking for every five fixed seats provided in said building. For assembly halls without fixed seats, there shall be provided at least one off-street parking space for each 100 square feet of usable floor area. Schools shall be provided with one parking space for each teacher, employee or administrator in addition to the requirements of the auditorium.

16-8-6 For hospitals, there shall be provided at least one parking space for each one bed, including infant's cribs and children's beds.

16-8-7 For office buildings, offices of professionals (including medical and dental clinics) and personal services establishments, there shall be provided at least one parking space for each 200 square feet of floor area.

16-8-8 For fraternal lodges, hunting clubs, golf courses, and country clubs, at least 25 parking spaces shall be provided. Additional parking may be required by the administrator.

16-8-9 For retail stores, excluding antique or craft shop, selling directly to the public, there shall be provided one parking space for each 200 square feet of retail floor space in the building. (Revised 2/24/15)

16-8-9A Antique or craft shop. One space per 1,000 square feet of gross floor area plus one space per company vehicle. (Revised 2/24/15)

16-8-10 For post offices, one parking space for each 50 box holders but not less than ten parking spaces shall be provided.

16-8-11 Restaurants shall provide one parking space per table or booth plus six for employees.

16-8-12 For industrial and wholesale establishments there shall be provided at least one parking space for each two employees based on the maximum number of individuals employed within an eight hour shift, plus space to accommodate all trucks and other vehicles used in connection therewith.

16-8-13 Any other commercial or industrial building not listed above here-after erected, converted, or structurally altered shall provide one parking space for each 100 square feet of business floor space in the building.

16-8-14 Every parcel of land hereafter used as a public parking area shall be surfaced with gravel, stone, asphalt or concrete. It shall have appropriate guardrails where needed as determined by the administrator. Any lights used to illuminate said parking areas shall be so arranged as to reflect the light away from adjoining premises in a residential district.

16-8-15 Parking requirements shall at no time be considered sufficient for any other use of the premises, and additional spaces shall be provided to meet requirements when there is any change to a different industrial use or to a commercial use.

(Ord. of 6-12-18; Ord. No. O-2021-010, 9-14-21)

(a)

In addition to the required off-street parking requirements, and on the same premises with any commercial or industrial use, but outside of the road right-of-way, there shall be provided and maintained adequate space for standing, loading and unloading.

(b)

At least one off-street parking space shall be provided for each 20,000 square feet of floor area or fraction thereof.

(c)

Such off-street loading space shall be a minimum of 12 feet in width, 14 and one-half feet in clearance height, and a depth of 25 feet, or sufficient depth to accommodate the largest delivery trucks serving the establishment, whichever is greater.

(d)

All loading and unloading areas shall be surfaced with a bituminous or other durable, dust-free surfaces. (Revised 1/11/05)

(Ord. of 6-12-18)

Handicap parking will be provided in accordance with the Americans with Disabilities Act Accessibility Guidelines. (Revised 1/11/05)

(Ord. of 6-12-18)

Recreation vehicle parks and campgrounds shall be allowed in the conservation and agriculture districts by special use permit issued by the board of supervisors. The operators of such parks shall comply with the following:

16-9-1 Area. The following area requirements shall pertain for recreational vehicle parks and campgrounds:

(1)

Parks with only campsites or with a combination of campsites and recreational vehicle sites, shall contain at least ten acres in area.

(2)

Parks with only recreational vehicle sites shall contain at least four acres in area.

16-9-2 Accessory uses. Convenience establishments of a commercial nature, including small stores, coin-operated laundry and dry cleaning establishments, may be permitted subject to the following restrictions: Such establishments and any parking area primarily related to their operation, shall not occupy more than five percent of the area of the park, shall be subordinate to the residential use and character of the park, shall be located, designed and intended to serve only the needs of persons residing in the park and shall present no visible evidence of their commercial character from any portion of any residential district outside the park.

16-9-3 Screening. Where any property line of a recreational vehicle park and campground abuts a residential district or land occupied by a residential use permitted by the zoning ordinance, there shall be provided and maintained along said property line a continuous visual buffer with a minimum height of seven feet. This buffer shall be a compact evergreen hedge or other type of screening, or shall be combined wooden fence and shrubbery screen with the latter facing the residential district or permitted residential use.

16-9-4 Space size. Each recreational vehicle site or campsite shall be at least 1,600 square feet in a area with no dimension less than 25 feet.

16-9-5 Density. Recreational vehicle parks and campgrounds shall not exceed a maximum of 20 lots per gross acre.

16-9-6 Distance between recreational vehicles. No part of any recreational vehicle, tent or addition thereto, shall be placed within seven and one-half feet of any recreational vehicle site or campsite line.

16-9-7 Water and sewer. Each recreational vehicle park and campground shall provide an adequate and safe water supply and method of sewage and trash collection, treatment and disposal as approved by the health department.

Service buildings. Each recreational vehicle park and campground shall provide service buildings to house such toilet, bathing or other sanitation and/or laundry facilities as are hereinafter more particularly described.

(1)

Permanent structures. All service buildings shall be permanent structures complying with a applicable county codes and regulations.

(2)

Distance to lots. Service buildings housing sanitation facilities shall be located no closer than 30 feet to any recreational vehicle site or campsite nor farther away than 400 feet.

(3)

Maintenance. All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health and safety of any occupancy or the public, or otherwise constitute a nuisance or fire hazard.

16-9-9 Sanitation facilities. Each recreational vehicle park and campground shall be provided with toilets, baths or showers, and other sanitation facilities in accordance with the requirements of the health department.

16-9-10 Occupancy. No individual unit shall be continuously occupied in any recreational vehicle park and campground for a period of more than 60 days with in one year.

16-9-11 Registration of campers. The operator of a recreational vehicle park and campground shall keep a record of all persons registering at the park or campground. This record shall show:

(1)

Name and permanent address of the person responsible for the camping unit registered.

(2)

Number in the party.

(3)

Year and make of car.

(4)

License number and state of car's registration.

(5)

Date of arrival and departure.

These records shall be open to the law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained therein. The record shall not be destroyed for a period of three years following the date of departure of the registrant for the park or campground.

16-9-12 Camping outside of a campground. Camping outside of a campground that is inspected by the health department is prohibited unless in accordance with the following:

(1)

Camping shall be limited to 30 days in a 12 month period. (Adopted 10/30/01)

(Ord. of 6-12-18)

16-10-1 Open space lands deeded to county. Open space areas required in a given development shall be deeded to Greene County for any bona fide public purpose when such lands are established to be suitable in size, location and character. Bonafide public purposes include:

(1)

Public building sites, parking areas shown or referred to in the comprehensive plan.

(2)

Public parks and recreation areas shown or referred to in the comprehensive plan.

(3)

Road right-of-way shown or referred to in the comprehensive plan.

(4)

Conservation, utility and/or drainage easements.

Such open space lands shall not be denuded, disturbed, defaced or destroyed in any manner without the prior approval of the planning commission.

16-10-2 Open space lands in corporate ownership.

(1)

Open space lands not needed, not desired, and not dedicated to the county may be approved by the planning commission for transfer or conveyance of title to a non-profit corporate ownership duly established under the laws of Virginia, provided that the owner-developer presents a plan with property agreements and covenants running with the land, acceptable to the county for the development and maintenance of the lands.

(2)

Such covenants shall provide that the assessments, charges, and costs for the maintenance of the open space lands shall constitute a pro-rate lien upon the individual lots or parcels of the development second only to taxes and any bona fide trust or lien on each lot or parcel.

(3)

The members of such non-profit corporate ownership shall be the owners of all lots within the development, and the said land is to be held and used for the benefit of all the residents of the development.

(4)

Such open space lands shall not be denuded, disturbed, defaced or destroyed in any manner, but with approval may be used for recreational purposes such as tennis courts, swimming pools, walkways, riding paths, athletic courts, and other swimming uses.

16-10-3 General location binding. All open space lands approved on a final plat or development plan are binding as to general location and uses proposed.

16-10-4 Indication on final plat. All final plats and development plans shall indicate in the title block, by section as recorded, the open space areas by type of use, the acreage, and the percentage of the total project included on each plat.

16-10-5 Streets, lots, parking bays not included. Streets, service drives, parking bays, and lots occupied by dwellings, where provided as required, shall be computed as a part of the lot coverage, and shall not be credited as open space.

(Ord. of 6-12-18)

As stated in the Greene County Comprehensive Plan, it is the intent of the governing body, the planning commission, their agents and ordinances to encourage the development of Greene County in an organized and orderly manner. While not opposed to growth or development per se, Greene County does recognize the conflict that has arisen between the demands of new development activity for additional public service and facilities and the county's ability, financially and otherwise, to provide same. Therefore, to further the resolution of this conflict, all developers seeking a special use permit or rezoning must expect to help determine the impact of their development upon Greene County and then must expect to assist in offsetting same under the laws of Virginia in effect at the time of application.

16-11-1 All developers are required to finance and assist in the preparation of an impact study of his development upon the county. The impact study will supplement any information submitted with any preliminary plats and must consider the following:

(1)

The proposed increase in county population that will result from the development by age, sex and occupation including the period of time over which such growth is expected to occur.

(2)

The expected needs of the development for public and private services (government, fire, water, sewer, police, schools, rescue squads, etc.) including the additional land, persons, buildings, roads and equipment required.

16-11-2 The governing body will have an independent impact study made also for comparison purpose.

16-11-3 After mutual examination of each other's studies, the developer and the governing body shall call a mutually agreeable third party to mediate any points not resolved by the two primary parties.

16-11-4 The results of the impact studies shall be weighed as one of the considerations in the planning commission's recommendations as required by this ordinance.

(Ord. of 6-12-18)

16-12-1 Conditions as a part of rezoning or amendment to zoning map. Any applicant may voluntarily proffer in writing any reasonable conditions, prior to a public hearing before the board of supervisors, in addition to the regulations provided for within the zoning district by this zoning ordinance, as a part of rezoning or as a amendment to the zoning map provided that: (i) the rezoning itself gives rise to the need for such conditions; (ii) such conditions have reasonable relation to the rezoning; and (iii) all such conditions are in conformity with the comprehensive plan for the County of Greene, as defined in Code of Virginia, § 15.2-2223, as amended.

16-12-2 Dedication of real property or cash. In the event proffered conditions include the dedication of real property or the payment of cash, such property shall not transfer and such payment of cash shall not be made until the facilities for which such property is dedicated or cash is tendered, are included in the county's capital improvement program; provided, however, that this requirement shall not prevent the acceptance of proffered conditions relating to matters which are not normally included in such capital improvement program. If proffered conditions included the dedication of real property or the payment of cash, the proffered conditions shall provide for the disposition of such property or cash payment in the event the property or cash payment is not used for the purpose for which proffered.

16-12-3 Effective date. The provisions of this ordinance shall apply to any application for rezoning filed after July 1, 1990, on which the board of supervisors has taken no final action prior to the date of adoption of this ordinance.

(Ord. of 6-12-18)

Alternative discharging sewage systems as defined by state law (Code of Virginia, § 32.1-163 et seq. and § 15.2-1200) are prohibited in the county unless the health officer of the county, or qualified person designated by him, finds that one is needed to serve an existing occupied dwelling and one or more of the following conditions exists:

(1)

There is an existing dwelling and there is no other reasonably available and acceptable method of sewage disposal such as public sewer or a drainfield septic system or other onsite sewage disposal system approval by the state.

(2)

There is a failing drainfield septic system and there is no other reasonably available and acceptable method of sewage disposal such as public sewer or replacement drainfield septic system or other on site sewage disposal system approved by the state. (Originally adopted 9/30/97; revised 2/24/98.)

(Ord. of 6-12-18)

Zoning department conditions of approval:

(1)

No person shall sell, offer for sale, store, and display or discharge any fireworks in any filling station or on any premises where gasoline or other inflammable liquids are stored or dispensed. County code 42-1 and must be a minimum of 100 feet from any gas pumps or propane distribution tank.

(2)

Fireworks shall be allowed for sale for a period no longer than 30 consecutive days from date of approval of the permit.

(3)

The site shall be cleaned and restored to its original condition at the expiration of the 30 day period. This shall include removal of all structures signs,

(4)

A 30 foot front setback shall be maintained. Display shall be located so as to avoid traffic congestion. Modifications subject to zoning administrator's approval.

(5)

Building permits shall be obtained for all proposed structures and/or lighting.

(6)

Sign permits shall be obtained for all proposed signage. (Revised 1/11/05)

(Ord. of 6-12-18)

Lot frontage and minimum lot with shall be established as follows:

Except as otherwise provided in the district regulations, every lot shall front on an existing public street, or a street dedicated by subdivision plat and maintained or designed and built to be maintained by the Virginia Department of Transportation, except that private roads shall be permitted in accordance with [subsection] 6-4-4 of the Greene County subdivision ordinance.

Except as specifically permitted in this section, frontage shall not be less than required by the regulations of the district in which the lot or parcel is located.

Frontage on a private street cul-de-sac or on a private road cul-de-sac may be reduced provided that driveway separation shall be in accordance with Virginia Department of Transportation standards.

For a lot located at the end of an access easement, frontage shall not be less than the full width of such easement. For a lot served by a shared driveway or alley, frontage shall be provided along a public street or private road.

Minimum lot width shall be at least the same distance as the frontage required for the district in which such lot is located. The depth of front and rear yards shall be established where minimum lot width is achievable but shall not be less in depth than required for the district which such lot is located. Minimum lot width shall be maintained between the front and rear yard. Lot width shall not be reduced under [subsection] 16-15.b. (Revised 1/11/05)

(Ord. of 6-12-18)

The zoning administrator may grant a variance from any building setback requirement after finding in writing that:

(1)

The strict application of the provision would produce undue hardship;

(2)

Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;

(3)

The authorization of the variance will not be of substantial detriment to adjacent property; and

(4)

The character of the zoning district will not be changed by the granting of the variance. (Revised 1/11/05)

Prior to granting a variance the zoning administrator shall notify all adjoining property owners of the request for variance, inviting them to respond in writing. If the zoning administrator receives a written objection from any adjoining property within 21 days of the date of notice, he or she shall forward the request for variance to the board of zoning appeals. (Revised 1/11/05)

(Ord. of 6-12-18)

16-17-1 General.

(1)

Water and sanitary sewer hookup is mandatory for new construction in accordance with these section 16-17 regulations, unless the Greene County board of supervisors, in consultation with the Rapidan Service Authority finds that the capacity of the public water and/or sewerage system is inadequate to serve the proposed development.

(2)

Water and sewer hookup is mandatory for new construction in accordance with these section 16-17 regulations, if a water distribution or gravity sewer line owned by Greene County/Rapidan Service Authority is within 350 feet of a boundary line of the property to be served or within 350 feet of adjoining property under the same ownership or control as the property to be served.

(3)

Water and sewer hookups for new construction shall be in accordance with the respective EDU purchase policies as adopted by the board of supervisors, latest revision.

16-17-2 Water utilities.

(1)

Water hookup is mandatory for new construction in the following districts: B1, B2, B3, M1, M2, PUD, SR.

16-17-3 Sewer utilities.

(1)

Sanitary sewer hookup is mandatory for new construction for all zoning districts. (State law reference—Code of Virginia, § 15.2-2121)

(Ord. of 6-12-18)

16-18-1 Keeping of inoperable vehicles.

(1)

Definitions as used in this section:

a.

Motor vehicle or vehicle means any motor vehicle, trailer or semi-trailer, or any part thereof, as defined in Code of Virginia, § 46.2-100, as amended.

b.

Inoperable vehicle means any vehicle:

1.

Which is not in operating condition; or

2.

Which for a period of 60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle; or

3.

On which there are displayed no valid state license plates; or

4.

On which there is displayed no valid state inspection decal; or

5.

This definition of "inoperable vehicle" shall not include a registered and licensed antique vehicle, classic vehicle, or prestige vehicle so long as the vehicle is in operating condition.

c.

Shielded or screened from view means not visible by someone standing at ground level from outside of the property on which the subject vehicle is located by using one of the following methods:

1.

A form fitted, defect-free cover specifically designed and manufactured to completely shield the motor vehicle, trailer or semi-trailer from view;

2.

A hedge or dense evergreen landscape planting not less than six feet high and ten feet wide that is neat and well maintained; or

3.

An opaque masonry wall or treated wood fence of stockade, board and batten, panel or similar type design in good repair of not less than six feet high and ten feet wide.

(2)

The keeping by any person, firm or corporation, except within a fully enclosed building or structure or otherwise shielded or screened from view, of any inoperable motor vehicle on any property zoned for residential, commercial or agricultural purposes is detrimental to the public health, safety and welfare, and is hereby declared to constitute a public nuisance.

(3)

It shall be unlawful for any person, firm or corporation to keep on any property zoned for residential, commercial or agricultural purposes any vehicle which is inoperable, except as follows:

a.

On property less than two acres, one inoperable vehicle, including any portions thereof, may be kept provided they are shielded or screened from view; or

b.

On property two acres and larger, two inoperable vehicles, including any portions thereof, may be kept provided they are shielded or screened from view; or

c.

The inoperable vehicle is kept at a commercial business in compliance with the county's zoning regulations covering such business and/or a conditional use permit has been issued for the operation of such business; or

d.

An inoperable vehicle being repaired at an automobile repair business may be kept at such property for no more than 60 continuous days; or

e.

The inoperable vehicle is kept within a fully enclosed building or structure.

(4)

The provisions of this section shall not apply to any entity which was licensed and regularly engaged in business as an automobile dealer, salvage dealer or scrap processor, as of March 1, 1975.

(5)

The zoning administrator or his designee is hereby authorized to take any action necessary to ensure compliance with this Code section.

16-18-2 Notice of violation. Property owner's, permit applicants, and/or establishment owners/managers, as applicable, and shall be notified in writing of violations of the provisions of this article. The zoning administrator or his designee shall, in the notice of violation, state the nature of the violation, the date that it was observed, and the remedy or remedies necessary to correct the violation. The zoning administrator or his designee may establish a reasonable time period for the correction of the violation.

16-18-3 Civil enforcement procedures. The zoning administrator or his designee is authorized to bring legal action, including injunction, abatement, or other appropriate action or proceeding. This remedy is in addition to, and not in lieu of, any other remedy available to the administrator.

16-18-4 Civil penalties. The penalty for any one violation shall be a civil penalty of not more than $100.00 for the initial summons and not more than $250.00 for each additional summons. Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any ten-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of $5,000.00. The zoning administrator or his deputy may issue a civil summons as provided by law for a violation of this article. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance or the treasurer of the county prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court.

If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. In any trial for a scheduled violation authorized by this section, it shall be the burden of the locality to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.

Such violations shall be a class 3 misdemeanor in the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period.

16-18-5 State law reference(s). Authority to restrict keeping of inoperative motor vehicles, etc., on residential or commercial property; removal of such vehicles, Code of Virginia, § 15.2-904(A).

(Ord. of 6-12-18)

Temporary events permit are uses that is established for a fixed period of time, with the intent to discontinue such use upon the expiration of such time, and that does not involve the construction or alteration of any permanent building or structure. A temporary structure is a feature, device, container or vehicle without a permanent foundation or footing and which is removed when the designated time period, activity, or use for which temporary structure was erected has ceased.

16-19-1 Temporary events. (Revised 6/26/12)

(1)

A temporary events zoning permit shall be required for temporary events that are planned for or which reasonably may be expected to attract more than 50 persons at any one time.

a.

Examples of temporary events which require a temporary zoning permit are: carnival, circus, festival, fair, dog show, horse show, fireworks show and similar uses.

b.

The temporary events zoning permit shall be issued for not more than four occasions per year and not more than seven consecutive days on a specific property.

c.

Temporary event permits shall be issued in accordance with [section] 16-1.

(2)

No such activity or accessory use to the activity shall be located closer than 100 feet from the property line that is adjoining or adjacent to a residential, agricultural, or conservation district. Provisions must be made for off-street parking, security, safe ingress and egress, refuse disposal, sanitary facilities as appropriate and approved by applicable local, state and federal agencies.

(3)

Temporary events are permitted only between the hours of 7:00 a.m. and 12:00 midnight. The zoning administrator may require that no activity, including set-up or take-down of any such use, be permitted between 12:00 midnight and 7:00 a.m.

(4)

Night operations shall be permitted only if the zoning administrator determines that the proposed lighting protects the public safety and will not cause excessive glare into residential areas or onto public streets.

(5)

Prior to issuance of a zoning permit, fireworks shows must also obtain a fireworks display permit, which sets forth the days and hours of the show, from the county administrator's office.

16-19-2 Exemptions. (Revised 6/26/12)

The following temporary events are exempt from the requirements of this section and occur without a temporary event zoning permit. Exempt temporary events, however, shall remain subject to all other applicable provisions of this ordinance and the county laws and regulations, including, but not limited to standards governing noise control.

(1)

Temporary events planned or reasonably expected to attract less than 50 persons at any one time.

(2)

Any event sponsored in whole or in part by the county or another political subdivision of the Commonwealth of Virginia.

(3)

Political rallies.

(4)

Any organized temporary events conducted at sites or facilities typically intended, used, and designed for such events.

a.

Examples of such exempt activities include, but are not necessarily limited to sporting events conducted on courses or fields intended and used for such activities such as commercial stables or horse riding facilities; historic home museums and adjacent grounds, wedding services conducted at churches, banquet facilities/halls, reception halls, or similar facilities; wine tasting and wine tasting dinners at Virginia farm wineries or wineries whose facilities are designed for such events; conferences and similar events in facilities designed for such use unless otherwise conditioned by an approved special use permit. (Revised 7/12/16)

(Ord. of 6-12-18)

16-20-1 Mobile food unit regulations. (Revised 10/14/14)

(1)

A mobile food unit may be operated in the business and industrial zoning districts.

(2)

No mobile food unit may be operated on private property without the mobile food unit owner or his designee having first been issued a zoning permit pursuant to this section.

(3)

A zoning permit allows the permittee to operate a single unit at a maximum of three different properties.

(4)

The sites shall be cleaned and restored to its original condition at the end of each day. This shall include removal of permitted temporary signs.

(5)

The mobile food unit shall not connect or access external utilities (electric, water, sewer, storm drain, etc.).

(6)

At least one exterior trash receptacle shall be provided.

(7)

The mobile food unit may not be parked or operated in a public right-of-way.

(8)

An applicant may apply for more than one zoning permit.

(9)

Applicants for a zoning permit authorizing a mobile food unit to operate on private property must provide:

a.

A valid health permit from the Virginia Health Department stating that the mobile food unit meets all applicable standards. A valid health permit must be maintained for the duration of the zoning permit.

b.

A valid county business license must be obtained by the permittee.

c.

Written permission from the owner(s) of the private properties upon which the permittee will operate.

d.

A sketch to be approved by the zoning administrator for each property, illustrating access to the site, all parking areas, routes for ingress and egress, placement of the mobile food unit, distance from property lines, garbage receptacles and any other feature associated with the mobile food unit.

(10)

Hours of operation from 6:00 a.m. to 10:00 p.m.

(11)

A mobile food unit zoning permit is valid for one year from the date of issuance.

(12)

A mobile food unit operator shall not:

a.

Sell anything other than food, non-alcoholic beverages, and items incidental to the product and its consumption;

b.

Set up more than one covered ten feet by ten feet area to provide condiments and temporary seating to patrons;

c.

Play any music that broadcasts outside of the vehicle;

d.

Place or utilize any signage that is not permanently affixed to the mobile food unit or a permitted temporary sign;

e.

Fail to provide receptacles and properly dispose of all trash, refuse, compost, and garbage that is generated by the use;

f.

Cause any grease and/or liquid wastes to be discharged from the mobile food unit;

g.

Locate a mobile food unit within 100 feet of a residential zoning district or a residential use.

(13)

If a mobile food unit is found to be in violation of this ordinance, the zoning permit may be revoked by the zoning administrator.

(Ord. of 6-12-18)

Each farm winery shall be subject to the following:

¹ The area requirement may be one or more abutting parcels under the same ownership which the agricultural operation and event or activity is located.

16-21-1 Uses permitted. The following uses, events and activities (hereinafter, collectively, "uses") are permitted at a farm winery:

(1)

The production and harvesting of fruit and other agricultural products and the manufacturing of wine including, but not limited to, activities related to the production of the agricultural products used in wine including, but not limited to, growing, planting and harvesting the agricultural products and the use of equipment for those activities.

(2)

The sale, tasting, including barrel tastings, or consumption of wine within the normal course of business of the farm winery.

(3)

The direct sale and shipment of wine by common carrier to consumers in accordance with Code of Virginia, tit. 4.1 and the regulations of the alcoholic beverage control board.

(4)

The sale and shipment of wine to the alcoholic beverage control board, licensed wholesalers, and out-of-state purchasers in accordance with Code of Virginia, tit. 4.1, regulations of the alcoholic beverage control board, and federal law.

(5)

The storage, warehousing, and wholesaling of wine in accordance with Code of Virginia, tit. 4.1, regulations of the alcoholic beverage control board, and federal law.

(6)

The sale of wine-related items that are incidental to the sale of wine including, but not limited to, the sale of incidental gifts such as cork screws, wine glasses, and t-shirts.

16-21-2 Agritourism uses or wine sales related uses. The following uses are permitted at a farm winery, provided they are related to agritourism or wine sales:

(1)

Exhibits, museums, and historical segments related to wine or to the farm winery.

(2)

Farm winery events at which not more than 400 persons are in attendance at any time. The acreage requirements and maximum vehicle trips/day are indicated in Table A.

(3)

Guest winemakers and trade accommodations of invited guests at a farm winery owner's private residence at the farm winery.

(4)

Hayrides.

(5)

Kitchen and catering activities related to a use at the farm winery.

(6)

Picnics, either self-provided or available to be purchased at the farm winery.

(7)

Providing finger foods, soups, and appetizers for visitors.

(8)

Tours of the farm winery, including the vineyard.

(9)

Weddings and wedding receptions at which not more than 400 persons are in attendance at any time.

(10)

Other uses not expressly authorized that are agritourism uses or are wine sales related uses, which are determined by the zoning administrator to be usual and customary uses at farm wineries throughout the commonwealth, which do not create a substantial impact on the public health, safety, or welfare, and at which not more than 400 persons are in attendance at any time.

16-21-3 Special use permit.

(1)

Agritourism uses or wine sales related uses; (see Table B). The following uses are permitted at a farm winery with a special use permit, provided they are related to agritourism or winery sales and in compliance with Table B:

a.

Farm winery events.

b.

Weddings and wedding receptions at which more than 400 persons are in attendance at any time.

c.

Other uses not expressly authorized that are agritourism uses or wine sales related uses which are determined by the zoning administrator to be usual and customary uses at farm wineries throughout the commonwealth.

(2)

Information and sketch plan to be submitted with application for a special use permit. In addition to any information required to be submitted with an application for a special use permit under [section] 16-2, each application for one or more uses authorized under section 16-21, shall include the following:

a.

Information pertaining to the following: (i) the proposed uses; (ii) the maximum number of persons who will attend each use at any given time; (iii) the frequency and duration of the uses; (iv) the provision of on-site parking; (v) the location, height and lumens of outdoor lighting for each use; and (vi) the location of any stage, structure or other place where music will be performed.

b.

A sketch plan, which shall be a schematic drawing of the site with notes in a form and of a scale approved by the director of planning depicting: (i) all structures that would be used for the uses; (ii) how access, on-site parking, outdoor lighting, signage and minimum yards will be provided in compliance with this chapter; and (iii) how potential adverse impacts to abutting lots will be mitigated so they are not substantial.

16-21-4 Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be subject to the following:

(1)

Zoning certification. Each farm winery shall obtain approval of a zoning certification under [section] 16-1 prior to generating any outdoor amplified music at the farm winery.

(2)

Sound amplification shall be limited in the time range of 10:00 a.m. to 10:00 p.m. EST.

16-21-5 Setbacks. Notwithstanding any other provision of this article, the minimum front, side, and rear setback requirements shall be in accordance with each applicable zoning district's primary structure setback. This shall apply to all structures, to all tents, off-street parking areas and portable toilets used in whole or in part to serve any use permitted at a farm winery, provided that the zoning administrator may reduce the minimum required setback may be reduced by administrative variance upon finding that consideration of the following: (i) there is no detriment to the abutting lot; (ii) there is no harm to the public health, safety, or welfare; and (iii) written consent has been provided by the owner of the abutting lot consenting to the reduction.

16-21-6 Uses prohibited. The following uses are prohibited:

(1)

Restaurants.

(2)

Helicopter rides.

(Ord. of 6-12-18)

(a)

Each farm stand, farm sales, and farmers' market shall be subject to the following, as applicable:

(1)

Zoning certification. Notwithstanding any other provision of this chapter, each farm stand, farm sales, or farmers' market shall obtain approval of a zoning certification issued by the zoning administrator as provided by [section] 16-1 before the use is established as provided herein:

a.

Application. Each application for a zoning certification will be sent to Virginia Department of Transportation establishing that it has approved the entrance from the public street to the proposed use and:

1.

A sketch plan, which shall be a schematic drawing of the site with notes in a form and of a scale approved by the zoning administrator depicting: (i) all structures that would be used for the use; (ii) how access, on-site parking, outdoor lighting, signage and minimum setbacks will be provided in compliance with this section and this chapter; and (iii) how potential adverse impacts to adjoining property will be mitigated.

(2)

Structure size. Structures used in conjunction with a farm stand, farm sales, or farmers' market shall comply with the following:

a.

Farm stands. Any permanent structure established and used for a farm stand shall not exceed 1,500 square feet gross floor area.

b.

Farmers' markets. Any new or existing permanent structure may be used for a farmers' market without limitation to its size.

c.

Farm sales. Any new or existing permanent structure used for farm sales shall not exceed 4,000 square feet gross floor area.

(b)

Parking. Notwithstanding any provision of [section] 16-8, the following minimum parking requirements shall apply to a farm stand or farmers' market:

(1)

Number of spaces. Each use shall provide one parking space per 400 square feet of retail area.

(c)

Location. No parking space shall be located closer than ten feet to any public street right-of-way.

(d)

Design and improvements. In conjunction with each request for approval of a zoning certification, the zoning administrator shall identify the applicable parking design and improvements required that are at least the minimum necessary to protect the public health, safety, and welfare by providing safe ingress and egress to and from the site, safe vehicular and pedestrian circulation on the site, and the control of dust as deemed appropriate in the context of the use. Compliance with the identified parking design and improvements shall be a condition of approval of the zoning certification.

(e)

Setbacks. Notwithstanding any other provision of this article, the minimum front, side, and rear setback requirements shall be in accordance with each applicable zoning district's primary structure setback. This shall apply to all structures, to all tents, off-street parking areas and portable toilets used in whole or in part to serve any use permitted at a farm winery, provided that the zoning administrator may reduce the minimum required setback may be reduced by administrative variance upon finding that consideration of the following: (i) there is no detriment to the abutting lot; (ii) there is no harm to the public health, safety, or welfare; and (iii) written consent has been provided by the owner of the abutting lot consenting to the reduction.

(Ord. of 6-12-18)

Each farm brewery shall be subject to the following:

¹ The area requirement may be one or more abutting parcels under the same ownership which the agricultural operation and event or activity is located.

16-23-1 Uses permitted. The following uses, events and activities (hereinafter, collectively, "uses") are permitted at a farm brewery:

(1)

The production and harvesting of barley and other grains, hops, fruit, and other agricultural products, and the manufacturing of beer including, but not limited to, activities related to the production of the agricultural products used in beer including, but not limited to, growing, planting, and harvesting the agricultural products and the use of equipment for those activities.

(2)

The sale, tasting, or consumption of beer within the normal course of business of the farm brewery. The acreage requirements and maximum vehicle trips/day are indicated in Table B.

(3)

The direct sale and shipment of beer in accordance with Code of Virginia, tit. 4.1 and the regulations of the alcoholic beverage control board.

(4)

The sale and shipment of beer to licensed wholesalers and out-of-state purchasers in accordance with Code of Virginia, tit. 4.1, regulations of the alcoholic beverage control board, and federal law.

(5)

The storage and warehousing of beer in accordance with Code of Virginia, tit. 4.1, regulations of the alcoholic beverage control board, and federal law.

(6)

The sale of beer-related items that are incidental to the sale of beer including, but not limited to, the sale of incidental gifts such as bottle openers, beer glasses, and t-shirts.

16-23-2 Agritourism uses or beer sales related uses. The following uses are permitted at a farm brewery, provided they are related to agritourism or beer sales:

(1)

Exhibits, museums, and historical segments related to beer or to the farm brewery.

(2)

Farm brewery events at which not more than 400 persons are in attendance at any time. The acreage requirements and maximum vehicle trips/day are indicated in Table B.

(3)

Guest brew masters and trade accommodations of invited guests at a farm brewery owner's private residence at the farm brewery.

(4)

Hayrides.

(5)

Kitchen and catering activities related to a use at the farm brewery.

(6)

Picnics, either self-provided or available to be purchased at the farm brewery.

(7)

Providing finger foods, soups, and appetizers for visitors.

(8)

Tours of the farm brewery, including the areas where agricultural products are grown.

(9)

Weddings and wedding receptions at which not more than 400 persons are in attendance at any time and shall be in accordance with Table B.

(10)

Other uses not expressly authorized that are agritourism uses or are beer sales related uses, which are determined by the zoning administrator to be usual and customary uses at farm breweries throughout the commonwealth, which do not create a substantial impact on the public health, safety, or welfare, and at which not more than 400 persons are in attendance at any time and is in compliance with Table B.

16-23-3 Special use permit.

(1)

Agritourism uses or beer sales related uses; (see Table B). The following uses are permitted at a farm brewery with a special use permit, provided they are related to agritourism or beer sales and in compliance with Table B:

a.

Farm brewery events.

b.

Weddings and wedding receptions at which more than 400 persons are in attendance at any time.

c.

Other uses not expressly authorized that are agritourism uses or beer sales related uses which are determined by the zoning administrator to be usual and customary uses at farm breweries throughout the commonwealth.

(2)

Information and sketch plan to be submitted with application for a special use permit. In addition to any information required to be submitted with an application for a special use permit under [section] 16-2, each application shall include the following:

a.

Information pertaining to the following: (i) the proposed uses; (ii) the maximum number of persons who will attend each use at any given time; (iii) the frequency and duration of the uses; (iv) the provision of on-site parking; (v) the location, height, and lumens of outdoor lighting for each use; and (vi) the location of any stage, structure, or other place where music will be performed.

b.

A sketch plan, which shall be a schematic drawing of the site with notes in a form and of a scale approved by the director of planning depicting: (i) all structures that would be used for the uses; (ii) how access, on-site parking, outdoor lighting, signage, and minimum setbacks will be provided in compliance with this chapter; and (iii) how potential adverse impacts to abutting lots will be mitigated so they are not substantial.

16-23-4 Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be subject to the following:

(1)

Zoning certification. Each farm brewery shall obtain approval of a zoning certification under [section] 16-1 prior to generating any outdoor amplified music at the farm brewery.

(2)

Sound amplification shall be limited in the time range of 10:00 a.m. to 10:00 p.m. EST.

16-23-5 Setbacks. Notwithstanding any other provision of this article, the minimum front, side, and rear setback requirements shall be in accordance with each applicable zoning district's primary structure setback. This shall apply to all structures, to all tents, off-street parking areas and portable toilets used in whole or in part to serve any use permitted at a farm winery, provided that the zoning administrator may reduce the minimum required setback may be reduced by administrative variance upon finding that consideration of the following: (i) there is no detriment to the abutting lot; (ii) there is no harm to the public health, safety, or welfare; and (iii) written consent has been provided by the owner of the abutting lot consenting to the reduction.

16-23-6 Uses prohibited. The following uses are prohibited:

(1)

Restaurants.

(2)

Helicopter rides.

(Ord. of 6-12-18)

Each event or activity at an agricultural operation authorized below shall be subject to the following, as applicable:

16-24-1 Uses permitted. The following events, activities, and structures are permitted by right, permitted by right with approval of a zoning certification, or by special use permit as set forth in Table C, provided that these events, activities, and structures are individually and in the aggregate subordinate to the agricultural operation, and subject to the applicable requirements of this section. This section does not apply to the agricultural operation itself, to any farm winery subject to [section] 16-21 or to any farm brewery subject to [section] 16-23.

1. If two or more events or activities categorized as "agritourism" or "other events or activities" are being, or will be, conducted on-site simultaneously for any duration, the number of visitor VTPD and the number of attendees shall each be aggregated, and the requirements of the more restricted event or activity shall apply. For the purposes of this provision, an event or activity requiring a special use permit is more restricted than an event or activity permitted by right, either with or without a zoning certification, and an event or activity permitted by right with a zoning certification is more restricted than an event or activity permitted by right.

2. The zoning certification shall be obtained under section 16-1 and shall include the matters in subsection 1.

3. The special use permit shall be obtained under [section] 16-2 and, in addition to the requirements of that section.

4. The area requirement may be one or more abutting parcels under the same ownership which the agricultural operation and event or activity is located.

16-24-2 Zoning certification. In reviewing a request for approval of a zoning certification, the zoning administrator's review shall include verifying that the proposed event or activity complies with the applicable minimum setback standards, Virginia Department of Transportation entrance standards, Virginia Department of Health standards, and shall ensure that on-site travelways can accommodate emergency vehicles, adequate on-site parking is provided in a location that complies with this chapter, and that all improvements comply with the applicable requirements in article 16.

16-24-3 Special use permit. Information and sketch plan to be submitted with application for a special use permit. In addition to any information required to be submitted with an application for a special use permit under article 16, each application for one or more event or activity ("use") for which a special use permit is required under subsection (d) shall include the following:

(1)

Information. Information pertaining to the following: (i) the proposed uses; (ii) the maximum number of persons who will attend each use at any given time; (iii) the frequency and duration of the uses; (iv) the provision of on-site parking; (v) the location, height, and lumens of outdoor lighting for each use; and (vi) the location of any stage, structure or other place where music will be performed.

(2)

Sketch plan. A sketch plan, which shall be a schematic drawing of the site with notes in a form and of a scale approved by the director of planning, depicting: (i) all structures that would be used for the uses; (ii) how access, on-site parking, outdoor lighting, signage, and minimum setbacks will be provided in compliance with this chapter; and (iii) how potential adverse impacts to abutting lots will be mitigated so they are not substantial.

16-24-4 Sound from outdoor amplified music. Sound generated by outdoor amplified music shall be subject to the following:

(1)

Zoning certification. Each agricultural operation shall obtain approval of a zoning certification under [section] 16-1 prior to generating any outdoor amplified music at the agricultural operation.

(2)

Sound amplification shall be limited in the time range of 10:00 a.m. to 10:00 p.m. EST.

16-24-5 Setbacks and separation from dwelling units. Notwithstanding any other provision of this chapter, the following minimum front, side, and rear setback requirements shall apply to any event or activity:

(1)

Structures used for sales. The minimum setbacks for structures used for the sale of agricultural or silvicultural products shall be as follows:

(2)

New permanent structures and temporary structures. The minimum front, side, and rear setbacks required for any new permanent structure or temporary structure shall in accordance to the primary use setbacks for each applicable zoning district. The minimum required setback may be reduced by an administrative variance upon consideration of the following: (i) there is no detriment to the abutting lot; (ii) there is no harm to the public health, safety, or welfare; and (iii) written consent has been provided by the owner of the abutting lot consenting to the reduction.

(3)

Existing permanent structures. If an existing permanent structure does not satisfy any minimum setback requirement under subsection (h)(1)(a), the minimum setback required shall be the distance between the existing permanent structure and the street, road, access easement, or lot line on the approval of this ordinance, and that distance shall not be thereafter reduced. An enlargement or expansion of the structure shall be no closer to a street, road, access easement or lot line than the existing structure.

(4)

Outdoor event and activity areas. The minimum front, side, and rear setbacks for outdoor event and activity areas shall be 75 feet. In addition, outdoor event and activity areas shall be a minimum of 125 feet from any dwelling unit on an abutting lot not under the same ownership as the agricultural operation. These minimum standards shall not apply to any portion of the agricultural operation that is engaged in production agriculture or silviculture, even though it also is used for an agritourism activity.

(5)

Parking areas and portable toilets. The minimum front, side, and rear setbacks for parking areas and portable toilets shall be 75 feet. In addition, parking areas and portable toilets shall be a minimum of 125 feet from any dwelling unit on an abutting lot not under the same ownership as the agricultural operation.

16-24-6 Prohibited. The following uses are prohibited:

(1)

Restaurants.

(2)

Helicopter rides.

(Ord. of 6-12-18)

16-25-1 Regulations pertaining to tourist lodging permitted by-right in the A-1 and C-1 Zoning Districts:

(1)

No more than five guest rooms contained within the primary structure.

(2)

No more than four events per year. Each event shall be in accordance with [section] 16-19, temporary events zoning permits.

(3)

One dwelling per parcel is permitted for tourist lodging and shall be in accordance with all applicable zoning district requirements (yards, setbacks, heights, etc.).

16-25-2 Regulations pertaining to tourist lodging permitted by special use permit in the A-1 and C-1 Zoning Districts:

(1)

More than five guest rooms in the primary structure.

(2)

More than four events per year.

(3)

More than one dwelling or structure used for tourist lodging per parcel.

(Ord. of 6-12-18; Ord. No. O-2021-011, 9-28-21)