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

Abattoir. A commercial slaughterhouse.

Accessory use or structure. A subordinate use or structure customarily incidental to and located upon the same lot occupied by the main use or building.

Acreage. A parcel of land, regardless of area, described by metes and bounds which is not a numbered lot on any recorded subdivision plat.

Administrator. The official charged with the enforcement of this chapter. He may be any appointed or elected official who is by formal resolution designated to the position by the board of supervisors. He may serve with or without compensation as determined by the board of supervisors.

Adult day care center. A facility which provides supplementary care and protection during a part of the day only to four or more aged, infirm or disabled adults who reside elsewhere, except a facility or portion of a facility licensed by the state board of health or department of mental health, mental retardation and substance abuse services.

Agriculture. The tilling of the soil, the raising of crops, horticulture, forestry and gardening, including the keeping of animals and fowl and including any agricultural industry or business, such as fruit packing plants, dairies or similar use.

Alteration. Any change in the total floor area, use, adaptability, or external appearance of an existing structure.

Apartment house. A building used or intended to be used as the residence of three or more families living independently of each other.

Automobile graveyard. Any lot or place which is exposed to the weather upon which more than five motor vehicles of any kind, incapable of being operated, are placed.

Barnyard animals. Pigs, hogs, cows, sheep, goats, horses, mules, donkeys or any other animal not in keeping with the general characteristics and intent of an R-1 or R-2 area by creating objectionable odors, health hazards or noise problems or causing a general nuisance to adjoining property owners.

Basement. A story having part but not more than one-half of its height below grade. A basement shall be counted as a story for the purpose of height regulations if it is used for business purposes or for dwelling purposes by other than a janitor employed on the premises.

Boardinghouse. A building where, for compensation, lodging and meals are provided for five to 14 persons.

Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

Building, accessory. A subordinate structure customarily incidental to and located upon the same lot occupied by the main structure. No such accessory structure shall be used for housekeeping purposes.

Building, height of. The vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of the structure to the highest point of the roof if a flat roof, to the deck line of a mansard roof or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. For buildings set back from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building.

Building, main. The principal structure or one of the principal buildings on a lot, or the building or one of the principal buildings housing the principal use on the lot.

Building setback line. The distance that a building is from the front lot line or front boundary line; also known as setback line.

Campground. Any area, place, parcel or tract of land on which three or more campsites are intended for occupancy, or where facilities are maintained for accommodation of camping units for periods of overnight or longer. Specifically excluded from this definition are summer camps, migrant labor camps, manufactured home parks and mobile home parks.

Camping unit. A tent, tent trailer, recreational vehicle, or any other device or vehicular-type structure for use as temporary living quarters or shelter during periods of recreation, vacation, leisure time or travel.

Carnival. An amusement show, usually traveling from place to place, having sideshows, nonstationary mechanical rides, games of skill and similar amusements.

Cellar. A story having more than one-half its height below grade and which may not be occupied for dwelling purposes.

Child care center. Any facility operated for the purpose of providing care, protection, and guidance to a group of six or more children separated from their parents or guardians during part of the day only, and meeting the requirements for child care centers under the Code of Virginia, 1950, as amended.

Circus. An amusement show, usually held in a circular arena surrounded totally or partially by tiers of seats, for the exhibition of wild animals, acrobatic feats, clowns and similar activities.

Community center. A building and property, together with lawful accessory buildings and equipment; used for care, protection and counseling services; recreation activities; and cultural activities; not operated for profit inuring to the benefit of individuals. Services and activities may include adult and child day care, counseling services, and educational activities. Membership may be restricted to persons living in a specific geographic area.

Dairy. A commercial establishment for the manufacture and sale of dairy products.

Dump heap (trash pile). Any area of 100 square feet or more lying within 1,000 feet of a state highway or residence, a dairy barn or food handling establishment where trash, garbage or other waste or scrap material is dumped or deposited without being covered by a sanitary fill.

Dwelling. Any structure that is designed for use for residential purposes, except hotels, boardinghouses, lodginghouses, apartments and automobile trailers.

Dwelling, multiple-family. A structure arranged or designed to be occupied by more than one family.

Dwelling, single-family. A structure arranged or designed to be occupied by one family, the structure having only one dwelling unit.

Dwelling, two-family. A structure arranged or designed to be occupied by two families, the structure having only two dwelling units.

Dwelling unit. One or more rooms in a dwelling designed for living or sleeping purposes and having at least one kitchen.

Easement. A grant by a property owner of the use of land for specific purpose or purposes, or an interest in land owned by another that entitles its holder to specific limited use; also may be known as right-of-way.

Fair. A competitive exhibition of farm products, livestock and other agricultural products. Carnival-type activities or other special entertainment may accompany such exhibitions. The term shall also be used to define "agricultural fair."

Family. One or more persons occupying a premises and living in a single dwelling unit, as distinguished from an unrelated group occupying a boardinghouse, lodginghouse, short term rental or hotel.

Frontage. The minimum width of a lot measured from one side lot line to the other along a straight line on which no point shall be farther away from the street upon which the lot fronts than the building setback line as defined and required herein.

Garage, private. Accessory building designed or used for the storage of not more than three automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of one and one-half times as many automobiles as there are dwelling units.

Garage, public. A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling or storing motor-driven vehicles.

General store, country. A single store, the ground floor area of which is 4,000 square feet or less and which offers for sale, primarily, most of the following articles: bread, milk, cheese, canned and bottled foods and drinks, tobacco products, candy, papers and magazines, and general hardware articles. Gasoline may also be offered for sale but only as a secondary activity of a county general store.

Golf course. Any golf course, publicly or privately owned, on which the game of golf is played, including accessory uses and buildings customary thereto but excluding golf driving ranges as defined herein.

Golf driving range. A limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.

Guest room. A room that is intended, arranged or designed to be occupied or which is occupied by one or more guests paying direct or indirect compensation therefor but in which no provision is made for cooking. Dormitories are excluded.

Historical area. As indicated on the zoning map to which the provisions of this chapter apply for protection of a historical heritage.

Home garden. A garden in a residential district for the production of vegetables, fruits and flowers generally for use or consumption by the occupants of the premises.

Home occupation. An occupation carried on by the occupants of a dwelling as a secondary use in connection with which there is no display and no one is employed, other than members of the family residing on the premises, such as the rental of rooms to tourists, the preparation of food products for sale and similar activities; professional offices such as medical, dental, legal, engineering and architectural conducted within a dwelling by the occupant.

Hospital. An institution rendering medical, surgical, obstetrical or convalescent care, including nursing homes, homes for the aged and sanatoriums, but in all cases excluding institutions primarily for mental or feeble-minded patients, epileptics, alcoholics or drug addicts. Certain nursing homes, and homes for the aged may be "home occupations" if they comply with the definition herein.

Hospital, special care. A special care hospital shall mean an institution rendering care primarily for mental or feeble-minded patients, epileptics, alcoholics or drug addicts.

Hotel. A building designed or occupied as the more or less temporary abiding place for 14 or more individuals who are, for compensation, lodged, with or without meals, and in which provision is not generally made for cooking in individual rooms or suites.

Housing for the elderly and/or physically handicapped. Multifamily structure containing at least three dwelling units and within which at least 90 percent of all dwelling units (or all but one dwelling unit of the number of dwelling units if less than ten) are occupied or designed for occupancy by:

(1)

Families of two or more persons, the head of which (or his or her spouse) is 62 years of age or over or is handicapped;

(2)

The surviving member or members of any family described in subsection (1) of this definition living in a unit within the building with the deceased member of the family at the time of his or her death;

(3)

A single person who is 62 years of age or over or a nonelderly handicapped person between the ages of 18 and 62; or

(4)

Two or more elderly or handicapped persons living together, or one or more such persons living with another person who is determined by a licensed physician's certificate to be essential to their care or well-being. For the purpose of this definition, "handicapped person" means any adult having an impairment that is expected to be of long-continued and indefinite duration, is a substantial impediment to his ability to live independently, and is of a nature that such ability could be improved by more suitable housing conditions.

Industrialized building. A combination of one or more sections or modules, subject to state regulations and including the necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off site and transported to the point of use for installation or erection, with or without other specified components, to comprise a finished building. Manufactured homes, as defined, shall not be considered industrialized buildings for the purpose of this chapter.

Junkyard. The use of any area of land lying within 100 feet of a state highway or the use of more than 200 square feet of land area in any location for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials. The term "junkyard" shall include the term "automobile graveyard" as defined in Code of Virginia, § 33.1-348.

Kennel. A place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale or in return for compensation.

Livestock market. A commercial establishment wherein livestock is collected for sale and auctioned off.

Lot. A parcel of land occupied or to be occupied by a main structure or group of main structures and accessory structures, together with such yards, open spaces, lot width and lot areas as are required by this chapter and having frontage upon a street, either shown on a plat of record or considered as a unit of property and described by metes and bounds.

Lot, corner. A lot abutting on two or more streets at their intersection. Of the two sides of a corner lot the front shall be deemed to be the shortest of the two sides fronting on streets.

Lot, depth of. The average horizontal distance between the front and rear lot lines.

Lot, double frontage. An interior lot having frontage on two streets.

Lot, interior. Any lot other than a corner lot.

Lot of record. A lot that has been recorded in the office of the clerk of the circuit court.

Lot, width of. The average horizontal distance between side lot lines.

Manufacture or manufacturing. The processing or converting of raw, unfinished materials or products, or either of them, into articles or substances of different character or for use for a different purpose.

Manufactured home. A structure subject to federal regulation which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.

Manufactured home park or subdivision. Any area designed to accommodate three or more homes intended for residential use where residence is in manufactured and mobile homes exclusively.

Mobile home. An industrialized building unit not subject to federal regulation which is constructed on a chassis for towing to the point of use and designed to be used, with or without a permanent foundation, for continuous year round occupancy as a dwelling; or two or more such units separately towable, but designed to be joined together at the point of use to form a single dwelling, and which is designed for removal to, and installation or erection on other sites.

Mobile home park or subdivision. Any area designed to accommodate three or more homes intended for residential use where residence is in mobile homes exclusively.

Modular building. See the definition of "industrialized building."

Motor vehicle competition. Contests or competitions such as tractor pulls, drag races, mud slings, automobile races, motorcycle races, go-cart races and similar events where entrants are judged on speed, endurance, distance or similar measures.

Music festival. Any gathering of groups or individuals for the purpose of listening to or participating in entertainment which consists primarily of musical renditions conducted in open spaces not within an enclosed structure, and for which an admission fee is charged or prizes are awarded.

Nonconforming activity. The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to the chapter.

Nonconforming lot. An otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to the chapter.

Nonconforming structure. An otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage or other area regulations of this chapter or is designed or intended for use that does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to the chapter.

Not-for-profit. An organization, association, or activity which is not operated for the purposes of earning a profit, and which has obtained non-taxable status from the United States Internal Revenue Service.

Off-street parking area. Space provided for vehicular parking outside the dedicated street right-of-way.

Outdoor amusement/entertainment area. A parcel of land used for the gathering of groups or individuals for the purpose of listening to, viewing or participating in music festivals, motor vehicle competitions, circuses, carnivals, fairs and similar forms of public amusement and entertainment, for which an admission fee is charged or prizes are awarded, conducted in open space not within an enclosed structure. This section shall not apply to facilities designed for baseball, softball, football, soccer and other similar athletic events.

Pen. A small enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals; a coop. Enclosed pasture or range with an area in excess of 100 square feet for each hog or small animal or 200 square feet for each larger animal shall not be regarded as a pen.

Planning commission. The planning commission of the county.

Public water and sewer system. A water or sewer system owned and operated by a municipality or county, or owned and operated by a private individual or a corporation approved by the board of supervisors and properly licensed by the state corporation commission and subject to special regulations as herein set forth.

Recreational vehicle. A vehicular-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or towed by another vehicle. The basic entities are travel trailer, camper trailer, truck camper, and motor home.

Required open space. Any space required in any front, side or rear yard.

Residential human care facility. A building other than a boardinghouse, hotel or group house preponderantly residential in character serving retarded or other developmentally disabled persons, not related by blood or marriage.

Residential special care treatment facility. A living facility containing dwelling units providing housing and supportive services such as meals, social activities, medical treatment, behavioral and emotional treatment, counseling and educational services. Restaurant. Any building in which, for compensation, food or beverages are dispensed for consumption on the premises, including, among other establishments, cafes, tea rooms, confectionery shops or refreshment stands.

Retail stores and shops. Buildings for display and sale of merchandise at retail or for the rendering of personal services, but specifically exclusive of coal yards, wood yards, and lumberyards, such as the following, which will serve as illustration: drugstore, newsstand, food store, candy shop, milk dispensary, dry goods and notions store, antique store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barbershop and beauty shop.

Sawmill. A portable sawmill located on a private property for the processing of timber cut only from that property or from property immediately contiguous and adjacent thereto.

Self-contained camping unit. A unit that contains a toilet, and may contain a lavatory, shower, and kitchen sink, all of which are connected as an integral part of the structure to water and sewage storage tanks located within the unit.

Setback. The minimum distance by which any building or structure must be separated from the front lot line; also known as building setback line.

Shared amenities. Private amenities shared by multiple lots, including but not limited to roadways, landscaping, entry monuments, lighting, gatehouses, medians, pavement, curbing, gutters, storm drains, grass, signage, ponds, lakes, recreational facilities, or utilities.

Short term rental. The accessory or secondary use of a residential dwelling unit or a portion thereof by a property owner to provide a room or space that is intended for short term transient rental purposes in exchange for a charge for the occupancy. The primary use of the short term rental unit shall remain residential. No short term rental for any unit to any person or entity shall exceed 29 consecutive calendar days per stay.

Sign. Any display of any letters, words, numerals, figures, devices, emblems, pictures or any parts or combinations thereof by means whereby the same are made visible for the purpose of making anything known, whether such display be made on, attached to or as a part of a structure, surface or any other thing, including, but not limited to, the ground, any rock, tree or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is made. A display of less than one square foot in area is excluded from this definition.

(1)

Business sign. A sign that directs attention to a product, commodity or service available on the premises.

(2)

Home occupation sign. A sign not exceeding four square feet in area directing attention to a product, commodity, or service available on the premises, but which product, commodity or service is clearly a secondary use of the dwelling.

(3)

General advertising sign. A sign that directs attention to a product, commodity or service not necessarily available on the premises.

(4)

Location sign. A sign that directs attention to the approximate location of an establishment from which the advertised product may be obtained.

(5)

Directional sign. A sign, one end of which may be pointed, or on which an arrow may be painted, indicating the direction to which attention is called, four square feet or less in area, giving the name only of the farm or business responsible for the erection of same.

Sign structure. Includes the supports, uprights, bracing and framework of any structure, be it single-faced, double-faced, V-type or otherwise, exhibiting a sign.

Sign, temporary. A sign applying to a seasonal or other brief activity such as, but not limited to, summer camps, horse shows, auctions or sales of land. Temporary signs shall conform in size and type to directional signs.

Small neighborhood business. A single business with a gross floor area of not more than 10,000 square feet, which offers for sale articles or services which would serve neighborhood and surrounding communities' day-to-day needs. Such business shall not be characterized by heavy trucking other than infrequent delivery of retail goods or by any nuisance factors other than incidental light and noise of congregations of persons and passenger vehicles.

Special care facility. A building, including, but not limited to, a nursing home, preponderantly institutional in character occupied by a nonfamily, essentially non-transient, group of unrelated persons where for compensation custodial care and supervision are provided.

Store. Retail stores and shops.

Story. That portion of a building, other than the basement, included between the surface of any floor and the surface of any floor next above it. If there is no floor above it, the space between the floor and the ceiling next above it.

Story, half. A space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use.

Street line. The dividing line between a street or road right-of-way and the contiguous property.

Street, road. The principal means of access to abutting properties.

Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. This definition includes, among other things, dwellings, buildings, signs, etc.

Temporary housing. The means of using a dwelling, camper or recreational vehicle for temporary use while construction or renovation of a unit on the property. Temporary quarters shall have approved septic and well installed and shall be unhooked of all plumbing and electrical prior to the issuance of a certificate of occupancy for new or renovated dwelling.

Tourist court; auto court; motel; hotel; cabins; motor lodge. One or more buildings containing individual sleeping rooms, designed for or used temporarily by automobile tourists or transients, with garage or parking space located convenient to each unit. Cooking facilities may be provided for each unit.

Townhouse. A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with a yard or public way of not less than two sides.

Travel trailer. A mobile unit less than 29 feet in length and less than 4,500 pounds in weight which is designed for human habitation.

Use, accessory. A subordinate use, customarily incidental to and located upon the same lot occupied by the main use.

Variance. A reasonable deviation from the provisions of this chapter regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of this chapter would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of this chapter. It shall not include a change in use, which change shall be accomplished by a rezoning or, if authorized by this chapter, by a conditional zoning.

Wayside stand, roadside stand, wayside market. Any structure or land used for the sale of agricultural or horticultural produce, livestock or merchandise produced by the owner or his family on their farm.

Yard. An open space on a lot other than a court unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

(1)

Front yard. An open space on the same lot as a building between the front line of the building, excluding steps, and the front lot or street line and extending across the full width of the lot.

(2)

Rear yard. An open, unoccupied space on the same lot as a building between the rear line of the building, excluding steps, and the rear line of the lot and extending the full width of the lot.

(3)

Side yard. An open, unoccupied space on the same lot as a building between the side line of the building, excluding steps, and the side line of the lot and extending from the front yard line to the rear yard line.

(Code 2000, § 16.1; Ord. of 3-5-2007; Amd. of 3-6-2017; Ord. No. 2021-37, § 1, 12-6-2021; Ord. No. 2022-28, § 2, 10-3-2022; Ord. No. 2023-9, § 1, 9-5-2023)

The unincorporated areas of the county are hereby divided into the following districts:

Agricultural, A-1;

Residential, limited, R-1;

Residential, general, R-2;

Business, limited, B-1;

Business, general, B-2;

Industrial, limited, M-1;

Industrial, general, M-2; and

Planned unit development, PUD.

(Code 2000, § 16.2; Ord. No. 2021-11, § 1, 4-5-2021)

This chapter shall be enforced by the administrator, who shall be appointed by the board of supervisors. The administrator shall serve at the pleasure of that body. Compensation for the administrator shall be fixed by resolution of the board of supervisors.

(Code 2000, § 16.3)

Nothing contained in this chapter shall require any change in the plans or construction of any building or structure for which a permit was granted prior to April 4, 1972. However, such construction must have commenced within 100 days after April 4, 1972. If construction is discontinued for a period of six months or more, further construction shall be in conformity with the provisions of this chapter for the district in which the operation is located.

(Code 2000, § 16.4)

Unless district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following or being at right angles to the centerlines of streets, highways, alleys or railroad main tracks, such centerlines or lines at right angles to such centerlines shall be construed to be such boundaries, as the case may be.

(2)

Where a district boundary is indicated to follow a river, creek or branch or other body of water, such boundary shall be construed to follow the centerline at low water or at the limit of the jurisdiction, and, in the event of change in the shoreline, such boundary shall be construed as moving with the actual shoreline.

(3)

If no distance, angle, curvature description or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the same shall be determined by the use of the scale shown on the zoning map. In case of subsequent dispute, the matter shall be referred to the board of zoning appeals, which shall determine the boundary.

(Code 2000, § 16.5)

(a)

Every application, as referenced in this section, that is filed by a property owner or owner's agent shall be accompanied by a fee, as adopted by the board of supervisors and on file in the county administrator's office, that shall be applied to advertising, notification and other expenses related to the application. Checks shall be made payable to the county treasurer.

(1)

Application for amendment, supplement, or change to zoning district boundaries, zoning map, or regulations of chapter 53, "Zoning."

(2)

Application for conditional use permit.

(3)

Application for plat vacation, pursuant to Code of Virginia, § 15.2-2271 et seq.

(b)

Every application pursuant to this section shall be filed in writing with the planning and zoning office, on forms provided by that office.

(c)

Applications shall be acted upon by majority vote of the board of supervisors, provided that:

(1)

A public hearing shall be held in relation thereto at which parties in interest and citizens shall have an opportunity to be heard;

(2)

Notice shall be given of the time and place of such hearings by publication in at least two issues of some newspaper having a general circulation in the county. Such notice shall specify the time and place of hearings at which persons affected may appear and present their views, not less than six days nor more than 21 days after final publication. After any approval, further publication thereof shall not be required; and

(3)

Applications shall be acted upon by the board of supervisors only after such applications have been referred to the planning commission for a report. Action shall be taken by the board of supervisors only after a report has been received from the planning commission, unless a period of 100 days has elapsed after date of referral to the planning commission, after which time it may be assumed the planning commission has approved the application.

(Code 2000, § 16.5.1)

All departments, officials and public employees of the county which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter. They shall issue permits for uses, buildings or purposes only when they are in harmony with the provisions of this chapter. Any such permit if issued in conflict with the provisions of this chapter shall be null and void.

(Code 2000, § 16.7)

Any person, whether as principal or agent, employed or otherwise, violating, causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, may be fined up to $250.00. Such person shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed, continued or permitted by such person and shall be punishable as herein provided.

(Code 2000, § 16.8)

(a)

Buildings or structures shall be started, reconstructed, enlarged or altered only after a zoning permit has been obtained from the administrator.

(b)

The planning commission may request a review of the zoning permit approved by the administrator in order to determine if the contemplated use is in accordance with the district in which the construction lies.

(c)

Each application for a zoning permit shall he accompanied by three 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 such parcel of land and to the right-of-way of any street or highway adjoining such parcel of land. Any other information that the administrator may deem necessary for consideration of the application may he required. If the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the administrator. One copy of the drawing shall be returned to the applicant with the permit.

(d)

The board of supervisors may, by ordinance or resolution, establish and from time to time amend a schedule of fees for the issuance and amendment of zoning permits required by the zoning ordinance; and no such zoning permit for which a fee has been established shall be issued or amended until such fee has been paid to the treasurer of the county.

(Code 2000, § 16.9; Ord. No. 2010-72, § 2, 9-7-2010, eff. 10-1-2010)

State Law reference— Code of Virginia, § 15.2-2286.A.6.

Land may be used or occupied and buildings structurally altered or erected may be used or changed in use only after a certificate of occupancy has been issued by the administrator. Such a permit shall state that the building or the proposed use or the use of the land complies with the provisions of this chapter. A similar certificate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use. A certificate of occupancy either for the whole or a part of a building shall be applied for simultaneously with the application for a zoning permit. The permit shall be issued within ten days after the erection or structural alteration of such building or part has conformed with the provisions of this chapter.

(Code 2000, § 16.10)

Where specified in this chapter, the location of certain land uses or activities shall require, in addition to the zoning permit and certificate of occupancy, a conditional use permit. These permits shall be subject to such conditions as the board of supervisors deems necessary to carry out the intent of this chapter.

(Code 2000, § 16.11)

If in any district established under this chapter, 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, which shall make its recommendations to the board of supervisors within 30 days. If the recommendation of the planning commission is to approve the application and such recommendation is approved by the board of supervisors, this chapter shall be amended to list the use as a permitted use in that district.

(Code 2000, § 16.12)

Whenever there shall be plans in existence, approved by either the state department of highways or by the board of supervisors for the widening of any street or highway, the planning commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.

(Code 2000, § 16.13)

(a)

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

(1)

In all residential districts there shall be provided, either in a private garage or on the lot, space for the parking of one automobile for each dwelling unit in a new building or each dwelling unit added in the case of the enlargement of an existing building;

(2)

Tourist homes and motels shall provide on the lot at least one parking space for one automobile for each accommodation;

(3)

For church, high school, college and university auditoriums and for theaters, general auditoriums, stadiums and other similar places of assembly, at least one parking space for every five fixed seats provided in said building;

(4)

For hospitals, at least one parking space for each two beds of capacity, including infants' cribs and children's beds;

(5)

For medical and dental clinics, at least ten parking spaces. Three additional parking spaces shall be furnished for each doctor or dentist having offices in such clinic in excess of three doctors or dentists;

(6)

For tourist courts, apartments and apartment motels, at least one parking space for each individual sleeping or living unit. For hotels and apartment motels, at least one parking space for each two sleeping rooms up to and including the first 20 sleeping rooms, and one parking space for each three sleeping rooms over 20;

(7)

For mortuaries and liquor stores, at least 30 parking spaces;

(8)

For retail stores selling direct to the public, one parking space for each 250 square feet of retail floor space in buildings under 15,000 square feet and one parking space for every 100 square feet for buildings over 15,000 square feet;

(9)

For any other commercial building not listed above hereafter erected, converted or structurally altered, one parking space for each 100 square feet of business floor space in the building, except in an urban development area designated in the comprehensive plan, one parking space per 300 square feet of business floor space in the building.

(b)

Parking space as required in the foregoing shall be on the same lot with the main building, except that in the case of buildings other than dwellings, spaces may be located as far away as 600 feet. Every parcel of land hereafter used as a public parking area shall be surfaced with gravel, stone, asphalt or concrete. It shall have appropriate guards where needed as determined by the administrator. Any lights used to illuminate such parking areas shall be so arranged as to reflect the light away from adjoining premises in a residential district.

(Code 2000, § 16.14; Ord. No. 2012-4, § 2, 2-6-2012; Ord. No. 2019-7, § 1, 3-4-2019)

The location of manufactured or mobile home parks shall require, in addition to the zoning permit and certificate of occupancy, a conditional use permit issued by the board of supervisors. Operators of such parks shall comply with the following provisions:

(1)

Area requirements.

a.

For each manufactured or mobile home space designed to accommodate one manufactured or mobile home within a park having a central water and sewer system, there shall be provided 10,000 square feet of area or more per space which shall front on an internal street, road or right-of-way.

b.

For parks with individual water and sewer systems for each space, there shall be provided 20,000 square feet of area or more per space, which shall front on an internal street, road or right-of-way.

c.

For parks with only one of public water or sewer, there shall be provided 15,000 square feet of area or more per space, which shall front on an internal street, road or right-of-way.

(2)

Width. Each manufactured or mobile home space shall have a minimum width of 50 feet.

(3)

Distance between manufactured or mobile homes. Parking spaces for manufactured or mobile homes shall be arranged so as to provide a distance of 20 feet or more between individual units, but in no case closer than ten feet to the individual lot line of the manufactured or mobile home space.

(4)

Sanitary facilities. For each manufactured or mobile home park with 15 or more spaces or housing 25 or more persons, each manufactured or mobile home space shall be provided with individual water and sewer connections to a public or central system.

(5)

Electrical connections. Each manufactured or mobile home space shall be provided with electrical outlets installed in accordance with the National Electrical Code.

(6)

Public facilities. Public facilities for laundry, recreation and toilets, if provided, shall be designed, installed, and maintained in accordance with state board of health and state water control board requirements.

(Code 2000, § 16.15)

(a)

Conditional use permits for temporary mobile home parks may be issued by the board provided that:

(1)

The location of a temporary mobile home park is necessary for the housing of construction workers employed on an industrial or highway construction project.

(2)

The request is filed by or certified to by the industry or state highway department as being essential to the construction.

(3)

A minimum area of 2,000 square feet is provided for each space.

(4)

Sanitary facilities conform to the state health department's trailer camp sanitation requirements.

(5)

The period for operating such temporary park shall concur with the anticipated period of the construction. Applications or renewal may be submitted if more time is required to complete the project. However, such renewal applications must be filed at least 90 days prior to the expiration of the original temporary use permit.

(b)

The board of supervisors, in granting such a conditional use permit, may require the posting of a bond to assure that the temporary mobile home park will be removed and the site left in good order at the expiration of the permit.

(c)

The board of supervisors shall establish such additional requirements as are in the best interest of the public.

(Code 2000, § 16.16)

(a)

The planning commission shall determine whether there exist any areas that would be involved under the Federal Aviation Administration criteria for determining obstructions, to air navigation. If there are, they shall be marked on a copy of a zoning map in the office of the administrator. It shall be available to the public for examination.

(b)

The administrator shall prepare such height and other regulations governing the construction of buildings within such areas. They are to be consistent with the Federal Aviation Administration recommendations. Following approval by the board of supervisors, the administrator shall enforce these regulations.

(c)

Places of public assembly, such as schools, churches, hospitals, apartment houses, theaters and assembly halls shall not be erected or otherwise located in any area which would be classified as an approach zone. This zone includes an area of 11,000 feet from the end of any runway. The approach zone for airports accommodating heavy jet aircraft extends out 3½ miles from the end of the runway.

(Code 2000, § 16.17)

(a)

Site requirements.

(1)

Mandatory requirements. Where permitted by this chapter, outdoor amusement/entertainment areas shall require, in addition to appropriate zoning, submission of the following documents, plans and statements prior to conditional use permit issuance:

a.

A professionally prepared survey, or equivalent site plan, drawn to scale, showing the location and specifications for all facilities, including fencing, parking, roadways, lighting, water, sewer, seating and performing areas and the proximity to surrounding landowners and public highways. Such survey or plan must be approved by the county planning director, following review by appropriate state and local agencies, as being adequate for events or activities proposed for the site.

b.

A plan for a roadway capable of providing ingress and egress for emergency and service vehicles without hindrance by spectator or participant traffic.

c.

A plan for adequate sanitation facilities, drinking water supply and sewage disposal for persons at the site. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved by the county director of public health or his designated representative. Any permanent facilities must be constructed and meet an approved inspection prior to the holding of any activity or event. All temporary or portable facilities must be noted on a plan approved by the county director of public health as being adequate for anticipated attendance at any activity or event.

d.

A statement specifying whether any outdoor lights or lighting is to be used and, if so, a plan utilizing the property so as to diminish to the extent reasonably possible the glare emanating from such lights or lighting to adjoining properties. Such lighting shall be installed and meet an approved inspection by the county building inspector and county planning director prior to the holding of any night activity or event.

e.

A plan that will diminish to the extent reasonably possible such sound or noise as shall be audible from activities or events beyond the property.

(2)

Optional requirements. The board may establish special requirements and regulations for the protection of adjacent property, or make any requirements as they deem necessary in the public interest.

(b)

Activity or event requirements.

(1)

Mandatory requirements.

a.

No person shall stage, promote or conduct any event or activity on a site approved under this chapter unless there shall have been first obtained from the county administrator a special entertainment permit for such event or activity. Any member of the board of supervisors may request a review and/or public hearing by the full board on such request.

b.

Applications for such special entertainment permits shall he filed in writing with the county administrator at least 60 days before the date of such event. Such applications shall be attached to and made a part of the plans, statements, approvals and other documents required by this section. A copy of each application shall be sent by the county administrator to each member of the board of supervisors.

c.

Each such application for a special entertainment permit shall have attached to it a description or a copy of the ticket or badge of admission containing the dates and times of such event, together with a statement by the applicant of the total number of tickets to be offered for sale and the best reasonable estimate by the applicant of the number of persons expected to be in attendance. These tickets or badges shall be numbered in sequence. The organizer or promoter of the event shall keep records of the tickets and their numbers sold prior to and during the event.

d.

A statement of the name and address of the promoters of the event, the financial backing of the event and the names of all persons or groups who will participate.

e.

A plan for total crowd control, which shall be designed to maintain order and prevent spillover or trespass on adjoining properties not a part of the intended location of the proposed event, including the number of private security or police personnel to be employed. The plan must be approved by the county sheriff. The sheriff shall have the authority to designate and shall designate the minimum number of security personnel required for the event.

f.

A plan for adequate traffic control for ingress and egress at the site; this plan shall be approved by the office of the state police in the county.

g.

A plan for adequate medical facilities for persons at the event, approved by the county health officer.

h.

A plan for adequate fire protection, including minimizing potential fire hazards at the site. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved by the chief of the area fire department.

i.

A statement as to whether food is to be provided for persons attending the event. If food is to be provided, a plan for the same that meets the requirements of all applicable state and local statutes, ordinances and regulations, and that has been approved by the county director of public health or his designated representative.

j.

A plan for adequate garbage, trash and litter cleanup and disposal on the site and on adjacent properties and roadways.

k.

Liability insurance coverage with limits of $100,000.00 per individual and $500,000.00 for each occurrence. The county shall be named as a coinsured on the insurance policy. The name of the broker or agent shall be furnished.

l.

Written permission for the board of supervisors, its lawful agents or duly constituted law enforcement officers to go upon the property at any time and for the purpose of determine compliance with the provisions of this section and conditions of the permit as issued. The board of supervisors or its designated agents shall have the right to immediately revoke any permit issued under this section upon noncompliance with any of its provisions or conditions.

(2)

Optional requirements. The board or its designated agent may establish special requirements and regulations for the protection of adjacent property, or make any requirements as they deem necessary in the public interest.

(c)

Additional regulations.

(1)

Signs.

a.

Signs advertising an event or activity shall not exceed 16 square feet in size. No sign shall be erected more than 15 days prior to any event or activity, nor shall any sign be allowed to remain more than two days after any event or activity.

b.

Any other signs shall conform to the requirements of the specific zoning district.

(2)

Attendance of minors. No person under 16 years of age shall be admitted to an event or activity unless accompanied by a parent or guardian, the parent or guardian to remain on the premises at all times.

(3)

Time limitations. No event or activity shall exceed 12 hours in duration in any 24-hour period. No event or activity shall begin before 8:00 a.m. Monday through Saturday, or before 1:00 p.m. on Sunday. No event or activity shall extend beyond 12:30 a.m.

(4)

Lodging and camping. No overnight camping or lodging shall be provided or allowed. This section shall not apply to event participants or employees.

(5)

Carrying weapons.

a.

No person shall carry or have in his possession a firearm or any other weapon while attending a music or entertainment festival in the county.

b.

For the purposes of this subsection, "weapon" shall be defined as any pistol or other firearm or weapon designed or intended to propel a missile of any kind, dirk, bowie knife, switchblade knife, razor, slingshot, metal knucks or any weapon of like kind, or nunchaku or any other similar flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which instrument may also be known as a "nunchaku," "shuriken," fighting chain or any weapon of like kind.

c.

This subsection shall not apply to any law enforcement officer in the discharge of his duties.

(6)

License tax. A license tax in the amount of $100.00 per day shall be collected by the commissioner of the revenue for the issuance of any permit granted hereunder by the board; provided and except that religious, charitable or educational organizations which have been classified as tax exempt by the Internal Revenue Service shall not be charged or required to pay the license tax required by this subsection.

(7)

Bond. A bond, payable to the county with a penalty of $5,000.00, shall be required and shall be forfeited upon noncompliance with the terms and conditions of the permit when issued.

(d)

Exemptions or waivers. The county administrator may exempt applicants which have been classified as tax exempt by the Internal Revenue Service from any or all of the provisions of this section, or may waive any or all of the provisions of this section; provided, that the county administrator determines that the character, nature, duration or other aspect of a proposed event or activity is not such that a strict application of this section is required.

(e)

Existing sites. Halifax County Fairgrounds, South Boston Speedway and Rip-Rap Motorcycle Park shall be considered as nonconforming uses under this section, inasmuch as each has had continuous existence and continuous operation prior to the adoption of this section. Activities at these sites shall be subject to the requirements of subsection (b) of this section. The board of supervisors or its authorized agent shall have the authority to issue a special entertainment permit, on a calendar year basis, for those activities and events that have traditionally been held at such sites, and which are scheduled with regular frequency.

(f)

Violations and legal remedies. Any person who violates any provision of this section, or conditions of the permit as imposed thereon by the board of supervisors or its agent in pursuance of the objectives of this section, shall be guilty of a class 1 misdemeanor and, upon conviction thereof, shall be punishable as prescribed by statute for class 1 misdemeanors. Each violation shall constitute a separate such offense. The board of supervisors may bring suit in the circuit court of the county to restrain, enjoin or otherwise prevent violation of this section or conditions of the permit.

(Code 2000, § 16.17.1)

(a)

The keeping of a barnyard animal in an R-1 or R-2 area shall be prohibited. The definition of a "barnyard animal" shall include one or more pigs, hogs, cows, sheep, goats, horses, mules, donkeys or any other animal not in keeping with the general characteristics and intent of an R-1 or R-2 area by creating objectionable odors, health hazards, noise problems or causing a general nuisance to adjoining property owners.

(b)

This section shall not prohibit the keeping of an animal that is a bona fide pet not used for the production of food or for sale, and provided it is not the cause of a health hazard or nuisance to adjoining property owners.

(Code 2000, § 16.18)

(a)

Each short term rental advertised or operated in Halifax County shall register with the zoning administrator prior to such activity.

(1)

The registration fee for a one-year registration period will be set by majority vote of the board of supervisors.

(2)

Failure to comply with all requirements of this section will result in reporting of the short term rental to any hosting or booking platform, and the operator of the short term rental will be subject to penalties established in section 53-8, penalties; continuing violations.

(b)

Fire extinguisher. One per floor installed at each floor's common area. Fire extinguishers shall be a minimum of 8# ABC dry powder.

(c)

Smoke detectors. One inside each bedroom and one outside each bedroom. Minimum of one on each floor including basements.

(d)

Carbon monoxide (CO) detector. One per floor installed at each floor's common area.

(e)

Each kitchen and bathroom shall have a GFCI receptacle meeting building code requirements.

(f)

Parking for the short term rentals shall be located on driveways and other designated parking areas. The parking of vehicles is prohibited on, or along, all rights-of-way.

(g)

Property boundaries, or limitations within the property's boundaries where transient guests are allowed, must be clearly marked at all times.

(h)

Signage identifying the address of the short term rental shall be visible from the roadway.

(i)

A property management plan must be submitted to the zoning administrator and shall include: local points of contact available to respond immediately to complaints, garbage clean-up, and management of unruly tenants; a property sketch including: designated parking areas, shared amenities, outdoor recreation and/or hunting areas and rules when applicable, and utility issues, etc. The property management plan shall also be posted in a visible location in the short term rental.

(j)

The owners of the short term rental shall post an emergency evacuation plan for the dwelling in each bedroom and common area.

(k)

All outdoor burning shall occur in an encircled permanent, non-movable location.

(l)

Individuals offering property for short term rental must also contact the county commissioner of the revenue to obtain a business license, business personal property registration, and lodging tax arrangements.

(m)

Each operator of a short term rental will provide to the zoning administrator information confirming the operator's and short term rental's compliance with the requirements of this section. Further, each short term rental will be subject to inspection by the zoning administrator and county building official on such schedule as the county may establish.

(Ord. No. 2023-9, § 7, 9-5-2023)