- USE REGULATIONS
Article 4: Use Regulations, provides the use regulations for each zoning district and is organized into five divisions. Article 4, Division 1, Organization of this Article, describes the organization of this article.
Article 4, Division 2, Principal Use Table, sets out which land uses are allowed as principal uses in each of the various zoning districts and whether they are allowed by right, require a conditional use permit (see Sec. 24-2308, Conditional Use Permit), or require a provisional use permit (see Sec. 24-2306, Provisional Use Permit). The table also cross references any specific standards that apply to particular principal uses.
Article 4, Division 3, Standards for Specific Principal Uses, identifies standards that apply to particular principal uses.
Article 4, Division 4, Accessory Uses and Structures, identifies land uses and structures commonly allowed as accessory to principal uses and sets out where they are allowed, what type of permit or review is required to establish them, general standards applicable to all accessory uses and structures, and any special standards applicable to particular accessory uses and structures.
Article 4, Division 5, Temporary Uses and Structures, sets out which land uses or structures are allowed on a temporary basis, whether a Temporary Use Permit is required to establish them, general standards applicable to all temporary uses and structures, and any special standards applicable to particular temporary uses and structures.
The principal use table organizes allowable uses by use classifications, use categories, and use types. The use tables and Article 8, Division 4, Use Definitions and Interpretation, together provide a systematic basis for identifying and organizing uses and distinguishing unidentified uses to determine whether a particular use is allowable in a particular zoning district. Standards in Article 4, Division 3, Standards for Specific Principal Uses, are also organized using the same hierarchical structure.
A.
Use Classifications. Use classifications identify broad general classifications of land use and include residential uses; public, civic, and institutional uses; commercial uses; agricultural uses; and industrial uses. Use classifications are broken down into a series of general use categories and specific use types.
B.
Use Categories. Use categories describe the major sub-groups of the respective use classifications, and are based on common functional characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. For example, the Residential Use Classification is divided into the Household Living and Group Living use categories. Use categories are further broken down into a series of individual use types.
C.
Use Types. The specific use types identify the specific principal uses that fall within each use category. For example, live/work dwellings, single-family detached dwellings, and townhouse dwellings are use types in the Household Living use category.
The abbreviations in this section apply to Table 4205: Principal Use Table. Each cell is located at the intersection of a row and a column, which are referenced in each subsection below.
A.
Permitted Uses. "R" in a table cell indicates that the use type in that row is allowed by right in the zoning district at the head of that column, subject to any use-specific standards in Article 4, Division 3, Standards for Specific Principal Uses, and all other applicable regulations of this Ordinance.
B.
Conditional Uses. "C" in a table cell indicates that the use type in that row is allowed in the zoning district at the head of that column only upon approval of a Conditional Use Permit by the Board of Zoning Appeals in accordance with Sec. 24-2308, Conditional Use Permit, and subject to any use-specific standards in Article 4, Division 3, Standards for Specific Principal Uses. Uses requiring a Conditional Use Permit are subject to all other applicable regulations of this Ordinance and any conditions placed on the CUP by the BZA.
C.
Provisional Uses. "P" in a table cell indicates that the use type in that row is allowed in the zoning district at the head of that column only upon approval of a Provisional Use Permit by the Board of Supervisors in accordance with Sec. 24-2306, Provisional Use Permit, and subject to any use-specific standards in Article 4, Division 3, Standards for Specific Principal Uses. Uses requiring a Provisional Use Permit are subject to all other applicable regulations of this Ordinance and any conditions placed on the PUP by the Board.
D.
Allowed Uses. "A" in a table cell in a planned development district column indicates that the use type in that row is allowed in that district provided the use is set out as a possible use type in an approved PD Master Plan. Allowed uses are subject to the PD Master Plan, PD Terms and Conditions Document, and the other applicable regulations in this Ordinance, including those set forth in Article 3, Division 5, Planned Development Districts.
E.
Prohibited Uses. "—" in a table cell indicates that the use type in that row is prohibited in the zoning district at the head of that column. Any use that is not specifically listed as a permitted use, a conditional use, a provisional use, or an allowed use is prohibited.
The Planning Director must determine whether or not an unlisted use is part of an existing use category or use type as defined in Article 8, Division 4, Use Definitions and Interpretation, and if not, the appropriate Use Category and the most similar use type, using the criteria in Sec. 24-8407, Interpretation of Unlisted Uses. Upon determining the most similar use type, the Planning Director will treat the proposed use the same as the most similar use. If the Planning Director determines that the proposed use is not similar to any listed use type, that use is prohibited.
A.
All regulations of specific uses within overlay districts, other than the FBA-O District, that apply in addition to, or instead of, one or more use regulations in the underlying base zoning district or planned development district, are established in Article 3, Division 7, General Overlay Districts.
B.
Uses are allowed in each of the development areas in the FBA-O District Form-Based Alternative Overlay District (see Sec. 24-3806, Development Areas) in accordance with Article 3, Division 8, FBA-O Form-Based Alternative Overlay District, and Table 4205: Principal Use Table, Table 4402: Accessory Use or Structure Table, and Table 4502: Temporary Use and Structure Table.
Principal uses are allowed in each of the zoning districts in accordance with 4205: Principal Use Table. The cross-references in the "Use Specific Standards" column are provided for ease of reference and are not exhaustive.
(Ord. No. 1324, § 1, 6-25-2024; Ord. No. 1325, § 1, 7-9-2024; Ord. No. 1335, § 35, 11-12-2024; Ord. No. 1338, § 9, 2-11-2025; Ord. No. 1342, § 2, 6-10-2025)
A.
This division sets forth the standards for all principal uses that have a reference provided in the "Use-Specific Standards" column of the principal use table in Article 4, Division 2, Principal Use Table, as well as standards for use classifications and use categories that apply to all uses in the classification or category. The standards set forth in this division for a specific principal use apply to the individual principal use, regardless of the review procedure by which it is approved, unless otherwise specified in this Ordinance. Standards are organized in this division using the same organization of use classifications, use categories, and use types used in Article 4, Division 2, Principal Use Table, and Article 8, Division 4, Use Definitions and Interpretation.
B.
Every principal use must comply with all applicable County, state, and federal laws and regulations.
A.
All Animal Husbandry Uses.
1.
Animals must be kept on the property and not permitted to run at large. Animals may graze up to the property line if the property immediately on the other side of the property line is classified in a Conservation and Agricultural District. Fenced areas for grazing must be set back at least 40 feet from any lot in a Residential District and at least 20 feet from any lot in a Nonresidential and Mixed Use District or a Planned Development District.
2.
Unless the farm is subject to a nutrient management plan or similar conservation plan approved by the Henricopolis Soil and Water Conservation District, all barns, pens, feed lots, and similar animal enclosures, and all areas where animal waste is stored, must be located at least 400 feet from any lot in a Residential district and 200 feet from any other lot where the principal use is a dwelling.
3.
For a farm subject to a nutrient management plan or similar conservation plan approved by the Henricopolis Soil and Water Conservation District, all barns, feed lots, and similar animal enclosures, and all areas where animal waste is stored, must be located at least 60 feet from any lot in a Residential district and any other lot where the principal use is a dwelling. The conservation plan must indicate the number of each type of animal that will be kept on the property and must indicate the location of all proposed barns, pens, feed lots, and similar enclosures, and all areas where animal waste will be stored. Once the plan has been approved by the Henricopolis Soil and Water Conservation District and the Planning Director, no additional animals may be added to the property without an approved amendment to the plan.
4.
Pens, stalls, and grazing areas must be maintained in a sanitary manner free from noxious odors.
A.
All Agriculture Support and Services Uses (Directly Related).
1.
An agriculture support and services use (directly related) is allowed only in direct association with and on the same lot as an on-going agriculture, horticulture, animal husbandry, or silvicultural use.
2.
An agriculture support and services use must be accessible from an arterial, collector, or major access road without passing through a residential neighborhood.
3.
All stationary motorized equipment must be located at least 400 feet from any Residential district and 200 feet from any other lot where the principal use is a dwelling.
B.
Agri-Education. In addition to the requirements of subsection A above, the following requirements apply to agri-education uses.
1.
All structures intended for occupancy by members of the public must comply with all applicable permit requirements.
2.
Approval of a temporary use permit is required for any special event drawing more than 50 people to the site (see Sec. 24-2312, Temporary Use Permit).
3.
An agri-education use must include public restrooms and must be designed and operated to provide adequate parking and pedestrian circulation.
C.
Agricultural Processing. In addition to the requirements of subsection A above, all agricultural processing facilities must be located at least 400 feet from the nearest Residential district and 200 feet from any other lot where the principal use is a dwelling.
D.
Equestrian Facility. In addition to the requirements of subsection A above, all parts of an equestrian facility where animals are kept or equestrian events are held must be located at least 400 feet from the nearest Residential district and 200 feet from any other lot where the principal use is a dwelling.
E.
Farm or Limited Production of Food and Beverages. In addition to the requirements of subsection A above, the following requirements apply to farm or limited production of food and beverages.
1.
Sampling and sale for on- and off-site consumption of food and beverages produced on the premises are allowed as an accessory use in accordance with all applicable state regulations. This may include a farm winery, limited brewery, or limited distillery; or a home food processing operation (foods prepared in a private kitchen) or commercial kitchen food processing operation (foods prepared in a kitchen other than a private kitchen) as regulated by the Virginia Department of Agriculture and Commercial Services.
2.
Sale of prepackaged foods and beverages that are consumed on the premises is allowed as an accessory use to a permitted farm winery, limited brewery, limited distillery, agri-education, or agritourism use.
3.
A restaurant is allowed as an accessory use if it has a conditional use permit in accordance with Sec. 24-2308, Conditional Use Permit, and the Board of Zoning Appeals finds that the restaurant is compatible with the rural character of the farm and the surrounding area, and that traffic, parking, exterior lighting, and hours of operation will not be detrimental to nearby property.
4.
Retail sales of merchandise is permitted as an accessory use if the items sold are associated with the site (e.g., glassware and souvenirs), or are locally produced goods of the type that would be sold at an artisan's and crafter's market or farmers' market.
F.
Produce Market. In addition to the requirements of subsection A above, the following requirements apply to produce markets.
1.
The gross floor area of a produce market must not exceed 8,000 square feet.
2.
A minimum of 25 percent of the products sold must be agricultural products produced on-site
A.
All Agriculture Support and Services Uses (Not Directly Related).
1.
An agricultural support and services use (not directly related) must be accessible from an arterial, major collector, or major access road without passing through a residential neighborhood.
2.
Structures must not exceed 35 feet in height if located within 500 feet of a dwelling.
B.
Agricultural Research Facility. In addition to the requirements of subsection A above, the following requirements apply to agricultural research facilities.
1.
In the A-1 District, all stationary motorized equipment must be located at least 400 feet from any Residential district and 200 feet from any other lot where the principal use is a dwelling.
2.
In the M-1 District, all research activities must take place in fully enclosed buildings.
C.
Stockyard or Slaughterhouse. In addition to the requirements of subsection A above, the following requirements apply to stockyards and slaughterhouses.
1.
A stockyard or slaughterhouse must be located at least 1,200 feet from any Residential district or any other lot where the principal use is a dwelling.
2.
Slaughter of animals must take place inside an enclosed building to prevent the transmission of sound to the outside.
3.
Animals must be enclosed in gated enclosures with a minimum height of six feet.
4.
Waste must be stored in airtight containers and must be confined in fully enclosed structures.
5.
All loading and unloading areas must be screened from view from adjacent lands and public streets.
Silviculture activities must comply with all applicable state regulations pertaining to water quality. If exempt from such regulations, silviculture activities must adhere to water quality protection procedures prescribed by the Virginia Department of Forestry in the most recent edition of "Virginia's Forestry Best Management Practices for Water Quality Technical Manual." Silviculture uses must comply with the minimum setbacks of Sec. 24-3203.D, C-1 District Dimensional Standards, and Sec. 24-3204.D, A-1 District Dimensional Standards.
A.
Dwelling, Live/Work.
1.
The residential portion of a live/work dwelling must occupy at least 50 percent of the total gross floor area.
2.
The nonresidential portion of a live/work dwelling must comply with all applicable Uniform Statewide Building Code requirements.
3.
No more than three persons other than residents of the dwelling may be employed at a live/work dwelling.
4.
Drive-through facilities are prohibited for live/work dwellings.
5.
Any off-street parking provided for the nonresidential portion of a live/work dwelling must be located as far as practicable from adjacent single-family dwellings.
B.
Dwelling, Manufactured Home.
1.
The manufactured home dwelling must comply with the Virginia Manufactured Housing Construction and Safety Standards Law.
2.
The manufactured home dwelling must be placed on a permanent foundation and must comply with the requirements of the Virginia Uniform Statewide Building Code, including skirting requirements.
3.
One manufactured home dwelling must be the only principal structure on the lot. Manufactured home dwellings must not be used as accessory structures.
4.
Two or more manufactured home dwellings must not be joined or connected together as one dwelling except for those designed and constructed at the factory as multi-section homes. An accessory building must not be attached to a manufactured home dwelling.
C.
Dwelling, Multifamily.
1.
All ground level and rooftop HVAC and mechanical equipment must be screened from view from the property lines at ground level. Screening must consist of materials used in the principal building's front façade or other materials approved by the Planning Director as allowing the screened area to blend in with its surroundings, supplemented with landscaping.
2.
Any stormwater management facility must be designed and utilized as a water feature amenity or designed and landscaped in a manner consistent with the surrounding development.
3.
Except for junction boxes, meters, and pre-existing overhead utility lines, all utilities serving multifamily dwellings must be underground, except where the Planning Director determines that underground utilities are not practical or desirable for technical or environmental reasons. Junction boxes must be screened from view from the property lines at ground level with approved fencing or landscaping.
4.
All multifamily dwellings must be served by public water and sewer.
5.
In the RTH District, the number of dwelling units in a multifamily building must not exceed six.
6.
Apartment buildings must provide centralized collection of trash and recyclable materials adequate to serve the number of dwelling units and meeting the requirements of Sec. 24-4428, Accessory Recycling and Refuse Collection Area, Outdoor, and Sec. 24-5103.G, Access to Shared Facilities.
7.
In addition to the parking required by Sec. 24-5110, Minimum Number of Off-Street Parking Spaces, an additional five percent of the minimum number of required parking spaces must be provided for recreational vehicles. This parking area must be located in a separate, designated area, must not be located in front of units, and must be landscaped in accordance with Sec. 24-5312, Parking Lot Landscaping. The Planning Director may reduce or waive this requirement where full compliance would be impractical or unnecessary due to the design and layout of the site or the specific type of dwelling units proposed.
D.
Dwelling, Single-Family Attached.
1.
No openings are permitted in a party wall between two attached dwellings.
2.
The front wall immediately adjacent to the common lot line of one dwelling must not be set back a greater distance from the front line than the rear wall immediately adjacent to the common lot line of the attached dwelling.
3.
In the R-5A District, single-family attached dwellings are only allowed within an approved subdivision of five or more lots which has been approved in accordance with Sec. 24-2314, Plan of Development or Sec. 24-2315, Site Plan.
E.
Dwelling, Single-Family Detached.
1.
Except in the R-5A and R-5B, General Residence Districts, each lot to be used for a single-family detached dwelling must abut a public street for at least 20 feet in the case of an approved stem lot, 35 feet for an approved cul-de-sac lot, or 50 feet for any other lot. No lot or parcel of land abutting the terminus of a public street right-of-way will be deemed, by virtue of such abutment, to meet this requirement unless such lot fronts on an approved permanent cul-de-sac or turn-around. No lot or parcel of land abutting a controlled access road will be deemed, by virtue of such abutment, to meet this requirement. This requirement does not apply to any lot created by a family subdivision approved under Sec. 19-2304 of the County Code.
2.
In the R-5A and R-5B, General Residence Districts, single-family detached dwellings are only allowed within an approved subdivision which has been approved in accordance with Sec. 24-2314, Plan of Development or Sec. 24-2315, Site Plan. Each R-5A or R-5B lot to be used for a dwelling must abut for at least 25 feet on a public right-of-way or an access easement containing roadways, walkways, or both.
F.
Dwelling, Single-Family on Zero Lot Lines.
1.
In the R-5A District, single-family dwellings on zero lot lines are allowed only within an approved subdivision of five or more lots with a plan of development approved in accordance with Sec. 24-2314, Plan of Development or a site plan approved in accordance with Sec. 24-2315, Site Plan.
2.
Each block must be designated on the plan of development or site plan as either dwellings on zero lot lines or detached dwellings (having side yards on both sides). Dwellings on zero lot lines cannot be mixed within the same block as detached dwellings with side yards on both sides.
3.
At least 50 percent of the length of the wall must be located on the zero lot line.
4.
Along one side of each zero lot line, on the opposite side of the lot line abutting where a dwelling will be located, a construction, drainage, and maintenance easement at least 8 feet in width must be provided and shown on the plan of development or site plan.
5.
Exterior doors are prohibited on the zero-lot-line wall. Roof overhangs and ornamental features are prohibited from extending over the zero lot line unless specifically authorized by the recorded construction, drainage, and maintenance easement.
6.
The mechanical equipment for each dwelling, including gas meters, HVAC condensers, generators, and similar structures, but not including wall-mounted equipment that does not project more than 12 inches from the wall, must be located on the same lot as the dwelling served, not in the 8-foot construction, drainage, and maintenance easement.
G.
Dwelling, Townhouse.
1.
Each row of townhouses must contain no fewer than three and no more than eight dwelling units.
2.
Each interior townhouse must occupy the full width of the lot. Each end unit must have a side yard a minimum of ten feet in width. Each end unit abutting a parking lot or street side of a corner lot must have a total building setback of 20 feet from the public right-of-way, private access drive, common walk, or parking space.
3.
Each townhouse lot must front on either a public street or a private access that meets the following requirements:
(a)
All private access drives must be designed in accordance with applicable standards for private access design at the intersection of a public road, requirements for sight distance, and all applicable design standards for emergency services.
(b)
Units fronting common areas not improved for vehicular access must provide complete pedestrian access from each unit to an overall project pedestrian network. Where deemed necessary, improvements may be required to meet standards for emergency services.
4.
Townhouse lots fronting on public streets must not have front-loaded garages, individual driveways, or parking spaces facing the public street.
5.
Each row of townhouse lots must abut common area a minimum of ten feet in width on each end of each row, along all rear lot lines, and along any front lot line that does not abut a public right of way. Common area that adjoins a controlled access road must be at least 25 feet in width and existing vegetation must be supplemented with trees and shrubs to meet the requirements of a Transitional Buffer 35 (see Sec. 24-5310, Transitional Buffers).
6.
Any permanent wet pond stormwater best management practice (BMP) must be designed and developed as a water feature amenity or designed and landscaped in a manner consistent with the surrounding development. Wet ponds must include adequate aeration features for movement of water.
7.
Except for junction boxes, meters, and pre-existing overhead utility lines, all utilities serving townhouse dwellings must be underground, except where the Planning Director determines that underground utilities are not practical or desirable for technical or environmental reasons. Junction boxes must be screened from view from the property lines at ground level with approved landscaping or fencing.
8.
All ground level and rooftop HVAC and mechanical equipment must be screened from view from the property lines at ground level. Screening must consist of materials used in the front façade of the principal building or other materials approved by the Planning Director, supplemented with landscaping.
9.
Buildings and structures within common areas must comply with the following standards:
(a)
The setback for any structure not designed or certified for permanent occupancy must be ten feet or a distance equal to the height of the structure, whichever is greater.
(b)
The setback for any structure designed or certified for permanent occupancy must be 20 feet or a distance equal to the height of the structure, whichever is greater.
(c)
Pedestrian access must be provided to all common area elements, including mail kiosks, parking lots, refuse collection areas, and recreational amenities.
10.
In addition to the parking required by Sec. 24-5110, Minimum Number of Off-Street Parking Spaces, an additional five percent of the minimum number of required parking spaces must be provided for recreational vehicles. This parking area must be located in a separate, designated area, must not be located in front of units, and must be landscaped in accordance with Sec. 24-5312, Parking Lot Landscaping. The Planning Director may reduce or waive this requirement where full compliance would be impractical or unnecessary due to the design and layout of the site or the specific type of dwelling units proposed.
H.
All Household Living Uses. A lot may be occupied by no more than one single-family, duplex, manufactured home, or townhouse dwelling. A dwelling unit in the Household Living use category may be occupied by one of the following, subject to the other terms of this Ordinance:
1.
Two or more persons related by blood or marriage and their dependent children (natural, step, adopted, foster, or in kinship care);
2.
One or two persons and their dependent children (natural, step, adopted, foster, or in kinship care);
3.
Not more than four persons not related by blood or marriage, living together as a single, stable household, except as otherwise provided in this subsection H; or
4.
A group home.
(Ord. No. 1335, § 36, 11-12-2024; Ord. No. 1338, § 10, 2-11-2025)
A.
Community Center.
1.
Outdoor activity for a community center must be limited to between 8:00 a.m. and 9:00 p.m. Monday through Thursday and between 8:00 a.m. and 11:00 p.m. Friday through Sunday. However, up to four times per year, the hours may be extended to 12:00 Midnight for special events.
2.
Except for the four special events allowed by subsection 1, after 9:00 p.m., noise that is plainly audible inside the confines of a dwelling unit or at a distance of 100 feet or more from the community center is prohibited.
3.
Public address systems may be used at athletic competitions, swim meets, and similar events, and in case of emergency, but at no other time.
B.
Donation Center.
1.
All donated goods must be stored either in a fully enclosed building or in closed containers within a designated area not exceeding 972 square feet in area that complies with the dimensional standards for principal buildings in the district in which they are located.
2.
The donation center must not impede traffic on any public street or parking lot drive aisle or interfere with any required parking space.
3.
The donation center must not occupy required parking, and parking must be provided at the rate of 1 space for every 200 square feet of floor area or designated area.
C.
Radio or Television Station. In the CMU Community Mixed Use District, O-2 Office District, and B-1 Business District, a radio or television station that includes any antennae taller than 50 feet or greater than 1 meter in diameter is allowed only upon approval of a provisional use permit by the Board of Supervisors in accordance with Sec. 24-2306, Provisional Use Permit.
D.
Religious Institution.
1.
Memorial gardens for the sprinkling or burial of cremated human remains may be located on the premises outside of all required minimum yards.
2.
The Planning Director may grant modifications of the standards applicable to a religious institution on finding that the modification is necessary to eliminate a substantial burden on religious practice, as guaranteed by the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000 (42 U.S.C. § 2000 et seq.). In doing so, the Planning Director may impose conditions consistent with RLUIPA that will substantially secure the objectives of the modified standard and substantially mitigate any potential adverse impact on the environment or adjacent development.
(Ord. No. 1335, § 37, 11-12-2024)
A.
Childcare Center.
1.
If not located in a stand-alone building, the childcare center, including restrooms, must be segregated from other uses in the building in which it is located.
2.
A childcare center established after September 1, 2021, must be accessible from an arterial, collector, or major access road without passing through a residential neighborhood.
3.
A childcare center must be located at least 500 feet from any adult use.
4.
An outdoor play area must not be located in the front yard and must meet the side and rear yard setbacks for the principal use. If abutting a residential use, parking lot, or street, the play area must be screened by an opaque fence or wall at least six feet in height supplemented with landscaping. Outdoor play areas must not be operated after 9:00 p.m.
5.
Parking areas and vehicular circulation for the childcare center must be designed to enhance the safety of children as they arrive at and leave the facility. The center must provide a designated pickup and drop-off area that includes at least the equivalent area of one parking space per 20 children. The designated area may be a combination of pull-off area and required parking spaces located adjacent to the childcare center in such a way that children do not have to cross vehicular travel ways to enter or exit the center.
(Ord. No. 1335, § 38, 11-12-2024)
A.
College or university. A college or university may include educational, scientific, and other related research facilities.
B.
Elementary or secondary school. An elementary or secondary school may include as accessory uses childcare and charitable, cultural, and other community service activities on school property.
C.
Vocational or Trade School.
1.
All facilities within a vocational or trade school that typically generate significant noise or fumes, such as auto body or engine repair, industrial painting, auto body painting, industrial manufacturing processes, or campus-wide energy and utility systems, and that are adjacent to a Residential district or the CMU, O-1, O-2, or O-3, district must comply with the following standards:
(a)
The facilities must be located at least 100 feet from any adjacent Residential district;
(b)
A Transitional Buffer 35 must be provided between the facilities and the adjacent district; and
(c)
Plans for new facilities must indicate any other mitigation steps appropriate to the impacts of the facilities, such as additional sound-containment features.
2.
In the O-3 and CMU districts, a vocational or trade school must not include activities which typically generate significant noise or fumes, such as auto body or engine repair, industrial painting, auto body painting, or manufacturing and production.
Portions of government facilities used for maintenance of vehicles and equipment or where there is regular vehicle movement must be screened from view from ground level on any adjoining lots in Residential districts and must be set back a minimum of 20 feet from all such lots.
A.
All Health Care Facilities. All health care facilities must be accessible from an arterial, collector, or major access road without passing through a residential neighborhood.
B.
Continuing Care Retirement Community. In addition to the requirements of subsection A above, a minimum of ten percent of a continuing care retirement community's land area must be devoted to outdoor open space, indoor or outdoor recreation facilities, and indoor or outdoor social-oriented amenities, including community centers. Such areas must be safely and conveniently accessible to community residents. Any continuing care retirement community must have at least three physically separate areas that provide space for recreational and social activities at different intensity levels. Each outdoor area intended for active recreation must have a minimum area of 5,000 square feet and no dimension may be less than 50 feet.
C.
Hospital. In addition to the requirements of subsection A above, the following requirements apply to hospitals.
1.
A hospital must abut a public street for at least 300 feet.
2.
Any hospital that includes an emergency room must include vehicular access and circulation systems that provide safe and separate emergency vehicle access, with minimal conflicts with other vehicular and pedestrian traffic. Entrances designated for emergency vehicles must be from an arterial, major collector, or major access road.
3.
Principal buildings must be located at least 50 feet from the perimeter of the hospital site.
D.
Medical Treatment Facility. In addition to the requirements of subsection A above, a facility for the treatment of persons with opiate addiction using methadone, or any opioid replacements not approved for the treatment of opioid addiction by the U.S. Food and Drug Administration, must be located at least one-half mile from all schools and day care centers, unless the facility is a hospital that is licensed by the State Board of Health or the State Health Commissioner or owned or operated by a state or County agency.
E.
Nursing Home. In addition to the requirements of subsection A above, a nursing home may include retail sales of foods and beverages, gifts, books and periodicals, and other convenience items, provided the floor area of such uses does not exceed 10 percent of the building's gross floor area or 1,000 square feet, whichever is less.
A.
Cemetery.
1.
The minimum area for a new cemetery is two acres. This standard does not apply to cemeteries existing on September 1, 2021, or the expansion of such a cemetery.
2.
A cemetery must be accessible from an arterial, major collector, or major access road without passing through a residential neighborhood. This standard does not apply to cemeteries existing on September 1, 2021, or the expansion of such a cemetery.
3.
Adequate space for the parking and maneuvering of funeral processions must be provided on-site.
4.
All graves must be located a minimum of 50 feet from the perimeter of the site and a minimum of 250 feet from any dwelling or well.
5.
A fence complying with Article 5, Division 4, Fences and Walls, must be provided around the perimeter of the cemetery.
6.
If a cemetery is located in combination with a funeral home or crematory, each use must comply with all applicable standards.
B.
Community Garden. A community garden as a principal use must comply with the standards in this subsection (see Sec. 24-4412, Accessory Community Garden, for standards that apply to a community garden as an accessory use).
1.
Community garden accessory buildings must be limited to storage buildings for tools, greenhouses, and seasonal farm stands. The combined area of all buildings and other structures must not exceed 15 percent of the area of the parcel.
2.
Areas used for communal composting must be located a minimum of 50 feet from the perimeter of the site and must not exceed ten percent of the area of the parcel or 100 square feet, whichever is smaller.
3.
The owner of the community garden must designate an operator, who must establish operating rules for the garden, including hours of operation, assignment of garden plots, and maintenance and security requirements and responsibilities.
C.
Public Park and Parks and Open Areas Not Specified Elsewhere. Any area designated principally for dogs to recreate and exercise off-leash must comply with the following standards:
1.
The dog park must include at least one acre of land, excluding wetlands, floodplains, and resource protection areas.
2.
The dog park must be enclosed by a fence having a minimum height of five feet with at least one double-gated entry and exit.
3.
A minimum of 15 parking spaces must be provided in addition to any other parking spaces required by this Ordinance.
4.
Retail sales, boarding, and other commercial activities are not allowed at a dog park.
5.
The operator of the dog park must post rules for the use of the dog park and must be responsible for the enforcement of those rules.
A.
Airport.
1.
All airport runways must be located at least 100 feet from the perimeter of the site.
2.
Any new airport established after September 1, 2021, must be located at least 1,200 feet from any Residential district. Runways must be located such that no Residential district, school, religious institution, hospital, or nursing home is located within one-half mile of the centerline of the runway extended one mile from each end of the runway.
3.
An airport may include any buildings, structures, and service facilities that are customarily accessory to the operation of an airport, including hangars, terminal buildings, restaurants, parking areas, fueling facilities, and parts storage.
B.
Helicopter Landing Facility. In the O-3, O/S, B-1, and CMU districts, a helicopter landing facility must not include refueling, servicing, or maintenance facilities or hangars.
A.
Solar Array.
1.
Maximum lot coverage of the solar array and any associated equipment must not exceed 65 percent.
2.
Adequate access for maintenance of the solar array must be provided.
3.
The solar array must not exceed a height of 20 feet.
4.
The solar array must be enclosed by security fencing and locked gates that are at least six feet high, and must provide warning signs at each vehicular access point to the site. The fencing must be screened from adjacent streets by landscaping material in accordance with Article 5, Division 3, Landscaping and Tree Protection.
5.
Except for transmission lines and collector utility structures, all utilities associated with the solar array must be located underground.
6.
The applicant must transmit a copy of all application materials to all airports located within five miles of the proposed facility. A final decision on the application will not be made until at least 14 days after the date of transmittal.
7.
The application must include a decommissioning plan that describes the timeline and manner in which the array will be decommissioned and the site restored to a condition similar to its condition prior to the establishment of the facility.
8.
If the solar array ceases operating for a period of 18 consecutive months, the County will deem it abandoned and will provide a written notice of abandonment to the owner. Within 180 days after notice of abandonment is provided, the owner must either complete all decommissioning activities and site restoration in accordance with the decommissioning plan for the array or resume regular operation of the array.
9.
A solar array meeting the definition of a "solar project" in Sec. 15.2-2316.6 of the Code of Virginia must be subject to a siting agreement pursuant to Sec. 15.2-2316.7 of the Code of Virginia.
B.
Utility, major.
1.
An electrical power generation facility must not be located within 250 feet of any lot line.
2.
An electric substation serving a community- or region-wide area must not be located within 100 feet of any lot in a Residential district, or within 20 feet of any lot in any other district.
3.
A sewage treatment plant must not be located within 400 feet of any Residential district, or within 200 feet of any other lot where the principal use is a dwelling.
4.
An energy storage project must be subject to a siting agreement pursuant to Sec. 15.2-2316.7 of the Code of Virginia and must comply with National Fire Protection Association standards.
C.
Utility, minor.
1.
A minor utility must not include facilities for construction, repair, service, or storage of vehicles or off-site utility equipment.
2.
An access easement at least 20 feet wide must be provided to the site of any pumping station, water storage tank, or well house.
3.
County-owned water and sewer pumping stations, water storage tanks, well houses, and similar facilities must be set back 20 feet from all lot lines (this requirement supersedes the setbacks of Article 3).
4.
An electrical substation serving a specific use or project must not be located within 50 feet of any lot in a Residential district or any other lot where the principal use is a dwelling.
D.
Wind energy facility, large.
1.
A wind energy facility must utilize monopole or self-supporting towers.
2.
All towers must be set back from the perimeter of the facility a distance equal to or exceeding the overall height of the tower and associated wind turbine blade (as measured from the base of the tower).
3.
The height of any tower, measured at the highest point of the arc of the blades, must not exceed 199 feet.
4.
Blade tips or vanes must have a minimum ground clearance of 75 feet above grade, as measured at the lowest point of the arc of the blades.
5.
Blades must not extend over public rights-of-way.
6.
All towers and turbines of a wind energy facility must be uniform in design, type, color, number of blades per turbine, and direction of blade rotation. Towers and wind turbines must be painted or finished and maintained in the color originally applied by the manufacturer, or a matte and generally nonreflective neutral color (e.g., gray, white, or galvanized steel).
7.
A wind energy facility must be enclosed by security fencing and locked gates that are at least eight feet high and have anti-climbing devices. The facility must provide warning signs at each vehicular access point to the site. The fencing must be screened from adjacent streets by landscaping material in accordance with Article 5, Division 3, Landscaping and Tree Protection.
8.
Except for transmission lines and collector utility structures, all utilities associated with a wind energy facility must be located underground.
9.
The wind energy facility must not be lighted or illuminated unless required by the FAA, in which case strobes or blinking lights must be avoided to the maximum extent practicable.
10.
Shadows cast by the towers or blades must not fall upon any off-site area for more than 30 minutes in any 24-hour period.
11.
The noise produced by a wind energy facility during normal operation must not exceed 55 dBA at any lot line.
12.
The owner of a wind energy facility must take all reasonable steps to prevent or eliminate interference with transmission of communications signals (e.g., radio, television, telephone, etc.) resulting from the facility.
13.
If use of a wind energy facility is discontinued for a period of one year, the County will deem it abandoned and provide the owner a written notice of abandonment stating that the owner has 90 days from the date of receipt of the notice to either resume use of the facility or file a notice of termination with the County. The owner must remove the facility (including all towers, turbines, above-ground structures and equipment, outdoor storage, and hazardous materials) within 180 days after a notice of termination is filed. On removing an abandoned facility, the owner must restore the site of the facility to as good a condition as existed before construction or installation of the facility, unless otherwise instructed by the County.
E.
Wireless Communications Short Structure or Co-location.
1.
The review of applications for wireless communications short structures and co-locations will comply with Article 7.2, Chapter 22, Title 15.2 of the Code of Virginia.
2.
An antenna mounted on a building must comply with the standards in Sec. 24-4407, Accessory Antenna.
F.
Wireless Communications Tower, Freestanding.
1.
Height. A freestanding wireless communications tower is allowed by right up to the maximum height listed in Table 4314F below. A greater height may be approved by the Board of Supervisors in accordance with Sec. 24-2306, Provisional Use Permit.
Table 4314F: Maximum Tower Height
2.
Minimum Distance. A wireless communications tower must be located, as measured from the base of the tower, at least 50 feet from all property lines, provided, a distance greater than 50 feet may be required as a condition of approval of a site plan or provisional use permit, if the Planning Director or Board of Supervisors, as appropriate, determines that the greater distance is necessary due to icing potential or other circumstances adversely affecting the public health, safety, or welfare.
3.
Other Standards.
(a)
Unless otherwise required or allowed by another provision of this subsection, any wireless communications tower 200 feet or less in height must have a galvanized finish or be painted silver, light blue, or a color or combination of colors that serves to minimize the visual impact of the tower in relation to its surroundings.
(b)
A wireless communications tower must not be lighted or illuminated unless required by the Federal Aviation Administration (FAA), and all such lighting must be the minimum required by the FAA. Unless required by the FAA, strobe lights must not be used for lighting and lighting must be oriented so as not to project directly onto any surrounding property.
(c)
Signs must not be placed on a wireless communications tower unless otherwise required by state or federal law.
(d)
Landscaping on the site of a wireless communications tower must comply with Article 5, Division 3, Landscaping and Tree Protection.
(Ord. No. 1335, § 39, 11-12-2024)
A.
In the O-1, O-2, O-3, and O/S districts, any Commercial use that is allowed, other than a financial institution, artist studio, or use in the Offices use category, must be either:
1.
Located on the street level floor of a multi-story building; or
2.
Part of a unified development that is approved in accordance with Sec. 24-2314, Plan of Development, or Sec. 24-2315, Site Plan, that complies with the following standards:
(a)
The floor area used for Commercial uses that are not in the Offices use category must not exceed 30 percent of the floor area of the entire development; and
(b)
All Commercial uses that are not in the Offices use category must be connected to the overall development through the placement and orientation of buildings, the location and design of open space, and the vehicular and pedestrian circulation systems.
B.
In the R-5 District, any Commercial use that is allowed must be either:
1.
Located on the street level floor of a multi-story building; or
2.
Part of a unified development that is approved in accordance with Sec. 24-2314, Plan of Development, or Sec. 24-2315, Site Plan, that complies with the following standards:
(a)
The floor area used for Commercial uses must not exceed 20 percent of the floor area of the entire development; and
(b)
All commercial uses must be integrated into the development through the placement and orientation of buildings and the design of required open space; and
(c)
All commercial uses must be coordinated with the vehicular and pedestrian circulation systems of the development.
C.
In the R-6 District, Commercial uses are allowed within a master planned community in accordance with the following requirements:
1.
The master-planned community may not exceed ten acres in area.
2.
A provisional use permit must be approved for the master planned community in accordance with Sec. 24-2306, Provisional Use Permit. The provisional use permit application must include a master plan showing the location and mix of proposed residential and commercial uses, the location and height of all existing and proposed structures, public and private streets, parking spaces, pedestrian circulation, open space, the developer's architectural design requirements, landscaping, buffers, and site lighting. The master plan may establish the maximum allowed multifamily residential density and minimum setback requirements that apply in the master planned community in accordance with Sec. 24-3316.D, R-6 District Dimensional Standards. Subsequent approval of a provisional use permit is not required for the establishment of uses identified on the master plan of the approved provisional use permit.
3.
Commercial uses must occupy no less than 15 percent and no more than 35 percent of the floor area of the master planned community, except that a higher percentage may be permitted if specified on a master plan approved in accordance with subsection 2 above.
4.
Commercial uses are allowed only in the first or second story of a building exceeding two stories in height, except up to 35 percent of floor area occupied by commercial uses may be located in buildings without residential uses; however, a higher percentage is permitted if specified on a master plan approved in accordance with subsection 2 above.
5.
The master plan required by subsection 2 above, may include a parking study prepared by a licensed engineer showing the number of parking spaces required and proposed for the project. The parking study may consider the use of on-street parking and the use of shared parking under shared parking agreements. The number of parking spaces proposed in the study will apply in lieu of the parking requirements of Sec. 24-5110, Minimum Number of Off-Street Parking Spaces, if the provisional use permit is granted.
6.
The master plan required by subsection 2 above may show setbacks that do not meet the minimum setback requirements of Sec. 24-3316.D, R-6 District Dimensional Standards. Reduced setbacks shown on the master plan will apply in lieu of the minimum setback requirements of this chapter if the provisional use permit is granted.
7.
Each commercial use may have one attached sign not to exceed 15 square feet in area.
8.
Between the hours of 12:00 midnight and 6:00 am, any Commercial use other than a hotel or motel must not be open to the public and activity must not be conducted outside of an enclosed building unless expressly authorized by a provisional use permit issued in accordance with Sec. 24-2306, Provisional Use Permit.
D.
In the B-1 district, any single Commercial use must not occupy more than 10,000 square feet of floor area unless expressly authorized by a provisional use permit in accordance with Sec. 24-2306, Provisional Use Permit.
E.
In the B-1 and B-2 districts, between the hours of 12:00 midnight and 6:00 am, any Commercial use other than a hotel or motel must not be open to the public and activity must not be conducted outside of an enclosed building, unless expressly authorized by a provisional use permit issued in accordance with Sec. 24-2306, Provisional Use Permit.
(Ord. No. 1335, § 40, 11-12-2024; Ord. No. 1338, § 11, 2-11-2025)
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to adult uses.
A.
All adult uses must be located at least 500 feet from any Residential or Agricultural zoning district, and at least 500 feet from the property line of any land used for any of the following:
1.
A residence;
2.
A nursing home, assisted living facility, or similar institution;
3.
An adult day care center;
4.
A child care center;
5.
A school, college or university;
6.
A public park;
7.
A public library, museum or other cultural facility;
8.
A religious institution;
9.
A hotel, motel or boardinghouse; or
10.
Any other adult use.
B.
Adult merchandise must not be visible from any point outside the establishment.
C.
Signs or attention-getting devices for the use must not contain any words or graphics depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in Article 8, Division 5, General Definitions.
D.
The following restrictions on hours of operation apply to all adult uses other than adult motels. The use must not begin service to the public or any outside activity before 6:00 a.m. Hours of operation for any adult movie theater, adult nightclub, or other business providing adult entertainment must not extend after 2:00 a.m. Hours of operation for any adult bookstore, adult video store, adult model studio, adult store or any other adult business must not extend after 12:00 midnight.
E.
In any adult entertainment use other than an adult motel or adult movie theater, there must be no viewing of videotapes, computer disks, CD-ROMs, DVD-ROMs, virtual reality devices, Internet sites or files transmitted over the Internet, or similar media characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in Article 8, Division 5, General Definitions, while on the premises.
F.
Adult merchandise must be located in a separate room or other area inaccessible to persons under 18 years of age.
G.
All owners, managers, employees, and entertainers of adult businesses must be at least 18 years of age.
H.
The owner or operator of an adult business must install, operate, and maintain a security camera and video recording system designed by a security specialist. Surveillance cameras must continuously monitor all entrances, parking areas, and all areas of the establishment where the adult business is conducted, except for the sleeping rooms of an adult motel. Such cameras must provide clear imagery of the establishment's patrons and their vehicles. Video recordings of activities in the areas under surveillance must be preserved for a period of one month. Authorized representatives of the Henrico County Division of Police or the Henrico County Planning Department must have access to such recordings upon request.
I.
The owner or operator of an adult business must provide lighting sufficient for clear visual and security camera surveillance for all entrances, exits, and parking areas serving the adult use, and all areas of the establishment where the use is conducted, except for the private rooms of an adult motel or the movie viewing areas in an adult movie theater.
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to animal care uses.
A.
Those parts of structures in which animals are boarded must be fully enclosed and sufficiently insulated so no plainly audible noise or plainly noticeable odor can be detected off the premises.
B.
All boarded animals must be kept within a totally enclosed part of the structures between the hours of 10:00 p.m. and 8:00 a.m.
C.
Any outdoor exercise runs or pens must be located at least 200 feet from any Residential district and 75 feet from any lot line in any other district. A Transitional Buffer 50 must be provided between the run or pen and the property line.
D.
If the facility provides services to large animals such as cows, horses, swine, goats, and sheep, it must be located at least 400 feet from any Residential district, or any lot where the principal use is a dwelling.
E.
All work rooms, cages, pens, or similar areas where services are provided to animals must be located within a completely enclosed building that is soundproofed, maintained, and operated so as not to produce noise, odors, or vermin outside the building.
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to drive-through restaurants.
A.
A drive-through restaurant must be accessible from an arterial, major collector, or major access road without passing through a residential neighborhood.
B.
The driveway providing access to the drive-through must be at least 25 feet from any other driveway, measured from curb to curb.
C.
Vehicle stacking lanes must be provided.
D.
Traffic circulation patterns on the site in relation to the drive through must not impede vehicular movement external to the site or block access to any required parking spaces located on the site. The County Engineer may require the owner to provide standard traffic control signs to notify customers that stopping or standing in the public right of way is prohibited.
E.
Drive-through facilities must not obstruct the movement of pedestrians along sidewalks, through areas intended for public use, or between the building entrance and customer parking spaces.
F.
Drive-through facilities, including stacking lanes, must not be located within 50 feet of a Residential district or a lot containing a residential use.
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to offices as a principal use.
A.
Office Buildings in the B-1 Business District. In the B-1 Business District, an office building must not exceed 15,000 square feet of floor area unless a provisional use permit is issued for the building in accordance with Sec. 24-2306, Provisional Use Permit.
B.
Reserved.
(Ord. No. 1342, § 3, 6-10-2025)
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to parking as a principal use.
A.
Parking Lot. Parking must be the principal use of the parking lot. Parking spaces may be rented for parking but repair, servicing, washing, or display of vehicles is not allowed.
B.
Parking Structure.
1.
In the R-6, CMU, O-2, O-3, O/S, B-1, B-2, and B-3 Districts, if a parking structure is developed for office, retail, or residential use on its ground floor along 70 percent of two of its façades that face a street, a residential use, or a courtyard or other open space area, the structure may extend an additional 12 feet in height above the maximum allowed in the district.
2.
All parking structures must be provided with security cameras and call boxes to provide for the security of patrons.
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to indoor recreation and entertainment uses.
A.
Fitness Center. In the R-5, R-6, and B-1 districts, the gross floor area of a fitness center must not exceed 10,000 square feet.
B.
Shooting Range, Indoor. Any indoor shooting range must be located within a structure that is fully enclosed with steel plate and acoustical tiles, or other materials with comparable bullet-stopping and soundproofing capacities.
C.
Historical Horse Racing. Any establishment offering historical horse racing terminals must not be located within 2,000 feet of a school, park, playground, religious institution, or another gambling-related use.
(Ord. No. 1324, § 2, 6-25-2024)
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to outdoor recreation and entertainment uses.
A.
All Outdoor Recreation and Entertainment Uses.
1.
An outdoor recreation and entertainment use must have direct access to an arterial, major collector, or major access road without passing through a residential neighborhood.
2.
Access points to an outdoor recreation and entertainment use must be located to minimize traffic to and through local streets in Residential districts.
3.
The site of an outdoor recreation and entertainment use must be enclosed by fences eight feet in height as necessary to protect the public safety.
B.
Marina. In addition to the requirements of Sec. 24-4315, All Commercial Uses, and subsection A above, the following requirements apply to marinas.
1.
A marina must abut a navigable stream for at least 300 feet; and
2.
A marina must not be located within 400 feet of a Residential district or within 200 feet of any other lot where the principal use is a dwelling.
C.
Shooting Range, Outdoor. In addition to the requirements of Sec. 24-4315, All Commercial Uses, and subsection A above, the following requirements apply to outdoor shooting ranges.
1.
A shooting range must provide backstops that are at least 20 feet high behind all target lines, and supplemental baffles designed and arranged to contain all projectiles within the boundaries of the range and to reduce noise exiting the site.
2.
The owners, operators, tenants, or occupants of a shooting range must implement appropriate environmental management practices for containing, controlling, and removing lead from the range in accordance with the latest edition of "Best Management Practices for Lead at Outdoor Shooting Ranges" from the U.S. Environmental Protection Agency (EPA).
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to retail sales and service uses.
A.
Automated Teller Machine (as a principal use).
1.
An ATM designed for walk-up use and located in the exterior wall of a building or within a parking area must be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking areas and building entrances, or vehicular movement in front of buildings or through parking areas.
2.
An ATM designed for use by customers in their vehicles must comply with the following standards:
(a)
Vehicle stacking lanes must be provided.
(b)
Traffic circulation patterns on the site in relation to the ATM must not impede vehicular movement external to the site or block access to any required parking spaces located on the site. The County Engineer may require the owner to provide standard traffic control signs to notify customers that stopping or standing in the public right of way is prohibited.
(c)
Traffic for the ATM must not obstruct the movement of pedestrians along sidewalks, through areas intended for public use, or between the building entrance and customer parking spaces.
B.
Drive-through Ice Machine. A drive-through ice machine must comply with the following standards:
1.
The structure must be located at least 100 feet from any lot line or public right-of-way.
2.
The structure must be screened with landscaping on any side facing a public street or Residential district. Plantings must be at least 36 inches in height at the time of planting.
3.
Accessways within a parking area must be clearly designated.
4.
The drive-through must not obstruct pedestrian movement along sidewalks, public use areas, parking spaces, or building entrances.
5.
Vehicle stacking lanes must be provided.
6.
The roof or awning over any drive-through must match the design and exterior building materials of the principal building on the lot where the facility is located.
7.
All roof-top mechanical equipment must be screened.
C.
Farmers' Market.
1.
A farmers' market must be accessible from an arterial, collector, or major access road without passing through a residential neighborhood.
2.
Stalls, sales tables, and any other outdoor facilities related to a farmers' market must be located at least 25 feet from any abutting street.
3.
Items for sale must not be displayed or stored within customer walkways.
4.
The owner of the property must designate an operator of the farmers' market who must establish operating rules addressing the governance of the market, hours of operation, and maintenance and security requirements and responsibilities.
5.
During hours or operation, a farmers' market must have a manager on site authorized to direct the operations of all participating vendors during all hours of operation.
D.
Laundromat. In the CMU Community Mixed Use District, the gross floor area of a laundromat must not exceed 10,000 square feet.
E.
Repair Establishment. All repair and storage must be conducted within an enclosed building.
F.
Vaping Shops. A vaping shop must not be located within 1,000 feet of a school or within 2,000 feet of a religious institution, childcare center, public park, or an existing vaping shop.
(Ord. No. 1325, § 2, 7-9-2024; Ord. No. 1335, § 41, 11-12-2024)
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to vehicle sales and service uses.
A.
All Vehicle Repair Uses.
1.
A vehicle repair use must not be located within 100 feet of the property of an elementary or secondary school, public playground, religious institution, hospital, public library, or childcare center.
2.
The entrance to a vehicle repair use must not be located within 200 feet of the entrance to any elementary or secondary school, public playground, religious institution, hospital, public library, or childcare center on the same side of the street within the same block.
3.
All repair and maintenance of vehicles, including parts installation, must be performed within an enclosed building, and all vehicle parts and equipment must be stored within an enclosed building.
4.
In the B-1, B-2, B-3, and M-1 Districts, inoperable vehicles must not be parked or stored on the site except as follows.
(a)
Temporary on-site storage of vehicles awaiting repair, service, or removal must be on the side or rear of the principal structure and screened from view from any public right-of-way or any Conservation, Agricultural, Residential, or Office District by a building, or by an opaque fence or masonry wall, in accordance with Article 5, Division 4, Fences and Walls.
(b)
Such vehicles must not be stored or parked for more than 30 consecutive days, except that a vehicle may remain on site beyond the 30-day period if the lawful owner of the vehicle, the property owner, or the operator of the service has initiated, and is pursuing, a lawful process for removing the vehicle as soon as possible after the 30-day period.
B.
Automobile Filling Station (Fuel Only). In addition to the requirements of Sec. 24-4315, All Commercial Uses, and subsection A above, the following requirements apply to automobile filling stations.
1.
An automobile filling station may include a convenience store or drive-through restaurant, or both, in the same building.
2.
Outdoor speakers must not produce sound that is audible at lot property lines of an automobile filling station.
3.
All bulk storage of fuel for vehicles must be underground.
4.
Storage of wrecked or inoperable vehicles is prohibited at an automobile filling station.
5.
Storage of rental vehicles, trailers, campers, or similar equipment is prohibited at an automobile filling station.
6.
If automotive parts installation and minor servicing are offered as an accessory to an automobile filling station, such accessory use must be located in the same building as the automobile filling station and must not exceed two bays.
C.
Automobile Rentals. In addition to the requirements of Sec. 24-4315, All Commercial Uses, and subsection A above, the following requirements apply to automobile rentals.
1.
An automobile rental use must have no vehicle display pads.
2.
Vehicles, trailers, or other similar items for rent must not be displayed on the top of buildings.
3.
A parking space must be provided for each rental vehicle, in addition to the off-street parking spaces required in Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading.
4.
All rental vehicle service and maintenance areas, and parking of all trucks, vans, trailers, or recreational vehicles for rent, must either be screened in accordance with Sec. 24-5311, Screening, or be landscaped in accordance with Sec. 24-5312, Parking Lot Landscaping.
D.
Automobile Sales. In addition to the requirements of Sec. 24-4315, All Commercial Uses, and subsection A above, the following requirements apply to automobile sales.
1.
An automobile sales use must not have more than one vehicle display pad for every 100 feet of street frontage. The vehicle display pad must not be elevated more than two feet above adjacent parking or street grade level.
2.
All vehicles for sale must be parked in an approved, paved parking space or a vehicle display pad.
3.
A parking space must be provided for each vehicle for sale, in addition to the off-street parking spaces required in Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading.
4.
An automobile sales site must include an area for unloading new inventory, which must not impede vehicular movement external to the site or block access to any required parking spaces located on the site.
5.
Minor repair and service of vehicles are permitted as an accessory use to automobile sales provided they are conducted inside a completely enclosed building.
E.
Car Wash or Auto Detailing. In addition to the requirements of Sec. 24-4315, All Commercial Uses, and subsection A above, the following requirements apply to car washes.
1.
A car wash must comply with the standards in Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading, and must be designed to avoid obstructions to vehicular movement along adjacent streets, through parking areas, and in front of buildings. The County Engineer may require the owner to provide standard traffic control signs to notify customers that stopping or standing in the public right of way is prohibited.
2.
All car washing and auto detailing activity must occur within an enclosed building.
3.
Equipment for vacuuming vehicle interiors must:
(a)
Be screened from view from the right-of-way and from abutting properties;
(b)
Be located a minimum of 10 feet from abutting property; and
(c)
Not produce sound more than 55 dBA above ambient sound at any lot boundary line at the periphery of the site.
4.
In the CMU District, a car wash must be located within and have access only through a parking garage or parking deck and must be entirely screened from view from any sidewalks and adjacent streets.
F.
Commercial Vehicle Sales, Rental, and Storage. In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to commercial vehicle sales, rentals, and storage.
1.
The layout, paving, and striping of a commercial vehicle sales, rental, or storage lot must be designed to accommodate the vehicles sold, rented, or stored there.
2.
A commercial vehicle sales, rental, or storage lot must be located on the side or rear of the principal building and must be screened in accordance with Sec. 24-5311, Screening.
3.
Commercial vehicles must not be stored within 100 feet of a Residential District.
4.
All maintenance, repair, and service must be conducted in a completely enclosed building.
5.
Vehicles must not be occupied overnight.
G.
Towing or Wrecker Service. In addition to the requirements of Sec. 24-4315, All Commercial Uses, and subsection A above, the following requirements apply to towing and wrecker services.
1.
In the B-3 Districts, only the dispatch office and parking of a wrecker is allowed. Impound yards for operable vehicles may be located in M-1 Districts. All other vehicle storage areas must be located in M-2 or M-3 Districts.
2.
Impound yards and vehicle storage areas must be located outside of all required minimum yards.
3.
Impound yards and vehicle storage areas must be screened from view from any public right-of-way and from adjoining lands in accordance with Sec. 24-5311, Screening.
H.
Fleet Terminal. In addition to the requirements of Sec. 24-4315, All Commercial Uses, vehicles that are part of a fleet must be stored in a designated parking area that is either screened in accordance with Sec. 24-5311, Screening, or landscaped in accordance with Sec. 24-5312, Parking Lot Landscaping. If the designated parking area is adjacent to a Conservation, Agricultural, or Residential District, it must be screened from view by a fence or wall that meets the standards of Article 5, Division 4, Fences and Walls, which may be applied toward the requirements of a Transitional Buffer (see Sec. 24-5310, Transitional Buffers).
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to visitor accommodations uses.
A.
Bed and breakfast inn.
1.
The owner or a full-time employee of the bed and breakfast inn must reside on the premises.
2.
No guest may rent a room at a bed and breakfast inn for more than 14 consecutive days.
3.
Parking areas must be located and designed to complement the residential character of the bed and breakfast inn and to minimize potential impacts on adjacent properties.
4.
The bed and breakfast inn must contain at least one full bathroom for the exclusive use of paying guests and one full bathroom for the exclusive use of the owner or employee that resides on the premises.
B.
Campground.
1.
Only tents, trailers, recreational vehicles, and other enclosures customarily developed, marketed, and used by the camping trade for use as temporary living quarters are allowed.
2.
A campground must have a minimum area of ten acres.
3.
A campground must have access from an arterial, collector, or major access road without passing through residential neighborhoods.
4.
Each campsite must be served by a dust-free, all-weather drive that has a minimum width of 12 feet for one-way travel or 20 feet for two-way travel.
5.
Each recreational vehicle, trailer, tent, or other enclosure must be located within a designated campsite that has a minimum width of 30 feet and a minimum area of 1,600 square feet.
6.
Campsites must not be rented or occupied for periods longer than 30 consecutive days. Vehicles, trailers, or structures must not remain on a campsite for more than 30 consecutive days.
7.
Retail and service uses customarily incidental to a campsite must be oriented internally to the campground, and must not have direct access onto, or signs visible from, any public street.
C.
Hotel or Motel.
1.
A room or suite in a hotel or motel must not be occupied as a person's primary residence.
2.
In the O-3 Office District and O/S Office Service District, a hotel is allowed only within an office development of 50 acres or more. The hotel buildings and accessory uses must not be located within 300 feet of a Residential District.
A.
Office District Standards. In the O-2, O-3, and O/S Districts, any Industrial use that is allowed must:
1.
Be conducted entirely within a completely enclosed building that has at least 40 percent of its gross floor area occupied by uses in the Offices use category, except for parking areas, loading and unloading facilities; and
2.
Not create any hazardous, objectionable, or offensive conditions on neighboring lands because of odor, heat, glare, dust, smoke, noise, vibration, wastes, fire, or explosion.
B.
Business and Light Industrial District Standards. In the B-1, B-2, B-3, and M-1 Districts, any Industrial use must:
1.
Be conducted entirely within a completely enclosed building, except for parking areas, loading and unloading facilities, and outdoor storage as an accessory use (see Sec. 24-4424); and
2.
Not create any hazardous, objectionable, or offensive conditions on neighboring lands because of odor, heat, glare, dust, smoke, noise, vibration, wastes, fire, or explosion.
In addition to the requirements of Sec. 24-4326, Industrial Uses Generally, the following requirements apply to extractive industries.
A.
Extractive Industry Uses: Location.
1.
Excavation areas must be located at least:
(a)
100 feet from any lot boundary line other than a public right-of-way;
(b)
200 feet from any public right-of-way; and
(c)
400 feet from any Residential district.
2.
Any building containing power-driven or power-producing machinery or equipment must be located at least 600 feet from all adjoining property that is in a district other than an Industrial district, and from the right-of-way of any public street.
3.
Vehicular access to an extraction operation must be provided from an arterial, major collector, or major access road without passing through a residential area.
B.
Extractive Industry Uses: Operation.
1.
All roadways internal to an extraction operation and entrances from and exits onto public streets must be located to ensure public safety, lessen congestion, and facilitate transportation, and be maintained to eliminate any nuisance from dust to neighboring properties.
2.
Upon the expiration of the conditional use permit for an extraction operation, or if operations on the site have ceased for 12 consecutive months, all plants, buildings, structures (except fences), stockpiles, and equipment must be entirely removed from the premises, and the premises must be restored in accordance with the approved reclamation plan.
3.
A financial guarantee must be furnished prior to land disturbance guaranteeing the faithful performance of all applicable requirements in this Ordinance and reclamation of the property when the extraction operation is concluded.
In addition to the requirements of Sec. 24-4326, Industrial Uses Generally, the following requirements apply to industrial service uses.
A.
Contractor Services.
1.
Outdoor storage of contractor materials and equipment is prohibited in the B-2 and B-3 districts. Areas used for outdoor storage of materials and equipment must be screened from view from the right-of-way in the M-1 and M-2 districts.
2.
In the B-2, B-3, and M-1 districts, all contractor services conducted on the site must be conducted within a completely enclosed building.
3.
All contractor fleet or service vehicles must be stored in a designated parking area that is either screened in accordance with Sec. 24-5311, Screening, or landscaped in accordance with Sec. 24-5312, Parking Lot Landscaping. If the designated parking area is adjacent to a Conservation, Agricultural, or Residential District, it must be screened from view by a fence or wall that meets the standards of Article 5, Division 4, Fences and Walls, which may be applied toward the requirements of a Transitional Buffer (see Sec. 24-5310, Transitional Buffers).
B.
Data Centers.
1.
All equipment necessary for operating the data center must be contained within an enclosed building or screened by opaque walls to minimize transmission of sound. This includes equipment for cooling and ventilating, as well as emergency power generators and other emergency power supply equipment.
2.
Generators for a data center must not be operated other than during emergency power outages and for testing and maintenance. Testing and maintenance of generators for a data center must be conducted only Monday-Friday between 10:00 am and 4:00 pm.
3.
A data center must be served by public water and sewer. Any water cooling must use a closed-loop or recycled water system unless another cooling system is approved for the data center as part of a provisional use permit.
C.
Heavy Equipment Sales, Rental, and Service. Ground testing of aircraft must not be conducted within 1,200 feet of any Residential district or any lot where the principal use is a dwelling.
D.
Laundry, Dry Cleaning, and Carpet Cleaning Plants.
1.
All laundry, dry cleaning, and carpet cleaning operations must be conducted within an enclosed building.
2.
In the B-3, M-1, and M-2 districts, a laundry, dry cleaning, or carpet cleaning plant must use nonflammable liquids in the cleaning processes.
E.
Research and Development Facility.
1.
In all districts except the M-3 District, all research and development operations must be conducted within a completely enclosed building.
2.
In all districts except the M-3 District, chemicals that would be hazardous to humans must be contained completely within enclosed buildings.
(Ord. No. 1342, § 4, 6-10-2025)
In addition to the requirements of Sec. 24-4326, Industrial Uses Generally, the following requirements apply to manufacturing and production uses.
A.
Manufacturing, Heavy.
1.
All heavy manufacturing uses must have a hazard management plan approved by local emergency service agencies and, at their discretion or in accordance with the requirements of the U.S. Federal Emergency Management, by appropriate state and federal agencies.
2.
The production of fissionable or other nuclear materials, or the production of radium or radioactive materials is allowed subject to approval of a Provisional Use Permit in accordance with Sec. 24-2306, Provisional Use Permit.
3.
Heavy manufacturing must not be conducted within 600 feet of any Residential district.
B.
Manufacturing, Light.
1.
All light manufacturing activities must be conducted within an enclosed building.
2.
In the M-1 District, a brewery must not produce more than 15,000 barrels of beer per calendar year.
In addition to the requirements of Sec. 24-4326, Industrial Uses Generally, the following requirements apply to warehouse and freight management uses.
A.
All Warehouse and Freight Management Uses. Unless a more restrictive standard is provided below, all warehouse and freight management uses must be accessible from an arterial, major collector, or major access road without passing through a residential neighborhood.
B.
Mini-warehouse.
1.
Each travel way that provides direct vehicular access to mini-warehouse storage spaces must include a parking lane having a minimum width of ten feet.
2.
All travel ways, including parking lanes, must be located a minimum of 15 feet from the perimeter of the mini-warehouse site.
3.
The one- or two-way traffic flow patterns in travel ways and the location of parking lanes must be designated by painted lane markings, including arrows for travel lanes, and directional signs.
4.
Doors serving mini-warehouse storage bays must not face public streets.
5.
A mini-warehouse site must include a Transitional Buffer 35 (or greater if required by Table 5310A) along any property line that abuts any use other than an Industrial use.
6.
All mini-warehouse storage must occur within a completely enclosed building, except storage of boats and recreational vehicles, which must be screened from view by an opaque wall or fence.
7.
Mini-warehouse rental spaces must not be used for any purpose other than storage. Sales of goods and services, manufacturing, and other non-storage uses are prohibited, except for sales of storage-related items, such as boxes and packing tape.
8.
Mini-warehouse rent or lease agreements must state that hazardous materials, including flammable liquids, are prohibited within rental spaces.
9.
Mini-warehouse service to the public and outdoor activities are not allowed between the hours of 10:00 p.m. and 6:00 a.m.
10.
Accessory uses to a mini-warehouse may include rental offices, outdoor storage of boats and recreational vehicles, incidental sales or rental of moving supplies and equipment, and living quarters for a resident manager or security guard. Outdoor storage of boats and recreational vehicles is allowed only in designated areas, which must not be in any front or side yard and must meet all required setbacks.
C.
Outdoor Storage (as a Principal Use).
1.
Any area used for outdoor storage must be screened from view from any public right-of-way and adjoining property in accordance with Sec. 24-5311, Screening. Materials and equipment must not be piled or stacked to a height that exceeds the height of the screening fence or wall.
2.
Any repair of equipment must be conducted within an enclosed building.
3.
An outdoor storage site must be designed and maintained to allow customers and vehicles to circulate through the area used for outdoor storage.
D.
Self-Service Storage Facility. In the B-2 and B-3 districts, self-service storage facilities must comply with the following standards:
1.
Access to all self-service storage rental spaces must be from the interior of a building. A maximum of four exterior loading doors are allowed. All areas used for loading and unloading must be designed to not impede vehicular movement or block access to required parking spaces.
2.
All self-service storage on the property must be within an enclosed building, except for outdoor locations approved for storage of passenger automobiles, recreational vehicles, or boats, which must be screened from view by an opaque wall or fence.
3.
Self-service rental spaces must not be used for any purpose other than storage. Sales of goods and services, manufacturing, and other non-storage uses are prohibited, except for sales of storage-related items, such as boxes and packing tape.
4.
Hazardous goods, including flammable liquids, are prohibited within self-service rental spaces.
5.
Service to the public and outdoor activities on the premises of a self-service storage facility are not allowed between the hours of 10:00 p.m. and 6:00 a.m.
6.
Accessory uses to a self-service storage facility may include rental offices, incidental sales or rental of moving supplies and equipment, and living quarters for a resident manager or security guard.
7.
Truck or trailer rental is not allowed at a self-service storage facility except that up to two trucks may be offered to storage rental customers as an accessory use.
E.
Truck or Freight Terminal, Warehouse (Distribution), or Warehouse (Storage).
1.
A freight terminal must not be located within 500 feet of any residential district, school, or childcare center.
2.
All storage areas must be located outside all required setbacks and buffers and to the rear of the principal structure of the freight terminal or warehouse, and must be screened from view in accordance with Sec. 24-5311, Screening.
3.
A freight terminal or warehouse site must be designed to accommodate stacking, circulation, and turning movements of freight vehicles in a manner that does not impede vehicular movement or block access to any required parking spaces.
4.
A freight terminal or warehouse that exceeds 400,000 square feet of floor area must have access to an arterial or major access road without passing through a residential neighborhood.
5.
Bulk storage of flammable liquids as a principal use is allowed only in the Industrial Districts, subject to the setbacks and limitations below.
(a)
In the M-1 District, bulk storage of flammable liquids must be underground, must be located a minimum of 200 feet from all Residential districts, and must not exceed 30,000 gallons.
(b)
In the M-2 District, bulk storage of flammable liquids that does not meet the limitations of subsection 1 must be located a minimum of 600 feet from all Residential districts and must not exceed 80,000 gallons.
(c)
In the M-3 District, bulk storage of flammable liquids that does not meet the limitations of subsection 1 must be located a minimum of 600 feet from all districts other than Industrial districts.
(Ord. No. 1335, § 42, 11-12-2024)
In addition to the requirements of Sec. 24-4326, Industrial Uses Generally, the following requirements apply to waste-related industrial uses.
A.
Landfill; Construction, Demolition, and Debris.
1.
A construction, demolition, and debris ("CDD") landfill must have access to an arterial, major collector, or major access road without passing through a residential neighborhood.
2.
A CDD landfill must be set back at least 300 feet from any existing residential use, school, or childcare center, and must provide a Transitional Buffer 50 around its perimeter.
3.
Access to a CDD landfill must be controlled by a fence, wall, gate, or other suitable device to prevent unregulated dumping.
4.
Materials other than construction and demolition debris must not be deposited in a CDD landfill, including as fill or cover.
5.
A CDD landfill must be operated and maintained in a manner that prevents dust from adversely impacting adjacent properties.
6.
Filling associated with a CDD landfill must not take place within any flood hazard area, drainage ways, or utility easements.
B.
Landfill, Sanitary.
1.
The minimum site area for a sanitary landfill is 50 acres.
2.
A sanitary landfill must have access to an arterial, major collector, or major access road without passing through a residential neighborhood.
C.
Recycling Collection Center. All recyclable materials must be stored in a fully enclosed building, or in closed containers completely enclosed by an opaque wall or fence that complies with the dimensional standards for a principal building, such that neither the recyclable materials nor the containers in which they are stored are visible from any public right-of-way or adjacent lots.
D.
Recycling Processing Center.
1.
The center must be located at least 250 feet from any Residential district or any lot on which the principal use is a dwelling.
2.
Recyclable materials must not be processed or stored within 50 feet of a property line.
3.
All recyclable materials must be stored in a fully enclosed building, or in tractor trailers, shipping containers, or similar enclosures. Storage enclosures other than buildings must be screened by an opaque wall or fence that complies with the dimensional standards for a principal building, such that neither the recyclable materials nor the enclosures are visible from any public right-of-way or adjacent lots.
4.
There must be no collection or storage of hazardous or biodegradable materials at a recycling processing center.
E.
Salvage and Junkyard. A salvage and junkyard must:
1.
Not be located within 500 feet of a public right-of-way;
2.
Be completely screened from view from all public rights-of-way and adjoining lands in accordance with Sec. 24-5311, Screening.
3.
Not involve storage in excess of six feet in height;
4.
Not involve collection or storage of any material containing, or contaminated with, dangerous explosives, chemicals, gases, or radioactive substances; and
5.
Be operated and maintained in such a manner as not to allow the breeding of rats, flies, mosquitoes or other disease-carrying animals and insects.
F.
Solid Waste Transfer Station.
1.
A solid waste transfer station must not be located within 250 feet of any Residential district or any lot on which the principal use is a dwelling.
2.
A solid waste transfer station must have access to an arterial or major access road without passing through a residential area.
3.
Hours of operation for a solid waste transfer station must occur only between 7:00 a.m. and 6:00 p.m.
4.
All handling of solid waste at a transfer station must be conducted within a completely enclosed building with an impervious floor.
A.
Purpose and Intent. The purpose of this division is to authorize accessory uses and structures, which are land uses and structures that are customary, incidental, and subordinate to principal uses. This division is intended to allow a broad range of accessory uses and structures, so long as they are located on the same site as the principal use and comply with the standards set forth in this division to mitigate potentially adverse impacts on surrounding lands.
B.
Organization of this Division. The table in Sec. 24-4402.E, Accessory Use or Structure Table, identifies the zoning districts in which specific accessory uses and structures are allowed. Sec. 24-4403, General Standards for All Accessory Uses and Structures, sets out general standards applicable to all accessory uses and structures. Sec. 24-4405, Standards for Specific Accessory Uses and Structures, sets out specific standards applicable to particular accessory uses and structures.
A.
Organization of Accessory Uses and Structures. The Accessory Use or Structure Table in this subsection lists accessory uses and structures alphabetically.
B.
Abbreviations in Accessory Use or Structure Table Cells. The abbreviations in this section apply to Table 4402: Accessory Use or Structure Table. Each cell is located at the intersection of a row and a column, which are referenced in each subsection below.
1.
Permitted Uses. "R" in a table cell indicates that the accessory use or structure in that row is allowed by right in the zoning district at the head of that column, subject to any specific standards for the use or structure that are referenced in the right-most column. Permitted accessory uses and structures are subject to all other applicable regulations of this Ordinance, including those set forth in Sec. 24-4403, General Standards for All Accessory Uses and Structures, Sec. 24-4405: Standards for Specific Accessory Uses and Structures, Article 3: Zoning Districts, and Article 5: Development Standards.
2.
Conditional Uses. "C" in a table cell indicates that the accessory use or structure in that row is allowed in the zoning district at the head of that column only upon approval of a Conditional Use Permit by the Board of Zoning Appeals in accordance with Sec. 24-2308, Conditional Use Permit. The accessory use is also subject to any standards in Sec. 24-4405: Standards for Specific Accessory Uses and Structures, for the use or structure that are referenced in the right-most column. Accessory uses and structures requiring a Conditional Use Permit are subject to all other applicable regulations of this Ordinance, including those set forth in Sec. 24-4403, General Standards for All Accessory Uses and Structures, Article 3: Zoning Districts, and Article 5: Development Standards.
3.
Provisional Uses. "P" in a table cell indicates that the accessory use or structure in that row is allowed in the zoning district at the head of that column only upon approval of a Provisional Use Permit by the Board of Supervisors in accordance with Sec. 24-2306, Provisional Use Permit, and subject to any specific standards for the use or structure that are referenced in the right-most column and set out as Sec. 24-4405: Standards for Specific Accessory Uses and Structures. Accessory uses and structures requiring a Provisional Use Permit are subject to all other applicable regulations of this Ordinance, including those set forth in Sec. 24-4403, General Standards for All Accessory Uses and Structures, Article 3: Zoning Districts, and Article 5: Development Standards.
4.
Allowed Uses. "A" in a table cell in a planned development district column indicates that the accessory use or structure in that row is allowed in that district provided the use is set out as a possible accessory use or structure in an approved PD Master Plan. Allowed accessory uses and structures are subject to the PD Master Plan, PD Terms and Conditions Document, and the other applicable regulations in this Ordinance, including those set forth in this section and Article 3, Division 5, Planned Development Districts.
5.
Prohibited Uses. "—" in a table cell indicates that the accessory use or structure in that row is prohibited in the zoning district at the head of that column.
C.
Standards for Specific Accessory Uses and Structures. A particular accessory use or structure that is allowed in a zoning district may be subject to additional standards that are specific to that use or structure. The applicability of such specific standards is noted in the right-most column of Table 4402: Accessory Use or Structure Table, through a reference to standards Sec. 24-4405, Standards for Specific Accessory Uses and Structures.
D.
Unlisted Uses. The Planning Director is authorized to evaluate potential accessory uses or structures that are not identified in Table 4402: Accessory Use or Structure Table, on a case-by-case basis, as an Interpretation (see Sec. 24-2317, Interpretation). In making the interpretation, the Planning Director must consider the following:
1.
Accessory uses identified in Article 8, Division 4, Use Definitions and Interpretation.
2.
The definition of "accessory use" (see Article 8, Division 5, General Definitions), and the general accessory use standards established in Sec. 24-4403, General Standards for All Accessory Uses and Structures;
3.
Whether the proposed use is customary (established by common use) in relation to the principal use, and whether the proposed use would be incidental (secondary and subordinate in character and impact) to the principal use;
4.
The additional regulations for specific accessory uses established in Sec. 24-4405, Standards for Specific Accessory Uses and Structures;
5.
The purpose and intent of the zoning district in which the accessory use or structure is located (see Article 3: Zoning Districts);
6.
Any potential adverse impacts the accessory use or structure may have on other lands in the area, compared with other accessory uses permitted in the zoning district; and
7.
The compatibility of the accessory use or structure with other principal and accessory uses permitted in the zoning district.
E.
Accessory Use or Structure Table. Accessory uses and structures are allowed in each of the zoning districts in accordance with Table 4402: Accessory Use or Structure Table.
(Ord. No. 1338, § 12, 2-11-2025; Ord. No. 1342, § 5, 6-10-2025)
A.
All accessory uses and structures must conform to the applicable requirements of this Ordinance, including the standards for the zoning district in which they are located (see Article 3: Zoning Districts), the use regulations in this article, and the development standards in Article 5: Development Standards. The provisions of this section establish additional standards and restrictions for accessory uses and structures.
B.
All accessory uses and accessory structures must:
1.
Directly serve the principal use or structure;
2.
Be customarily accessory and incidental to the principal use and structure;
3.
Be subordinate in area, height, extent, and purpose to the principal use or structure;
4.
Be subordinate in lot coverage to the principal use or structure if accessory to a single-family dwelling;
5.
Be owned or operated by the same person as the principal use or structure;
6.
Be located on the same lot as the principal use or structure;
7.
Together with the principal use or structure, not violate any standards of this Ordinance; and
8.
Not be constructed or established prior to the time the principal use or structure is constructed or established.
C.
Except as otherwise provided by subsection Sec. 24-4404.A below; Sec. 24-8308, Allowable Encroachments into Required Yards; or another provision of this Ordinance, accessory uses and structures must comply with all minimum yard requirements for principal structures in Article 3: Zoning Districts.
A.
Accessory uses and structures that are accessory to and not attached to a single-family detached or single-family attached dwelling, manufactured home dwelling, duplex dwelling, or townhouse must comply with the following standards (see also Sec. 24-4424.B, Accessory Outdoor Storage):
1.
Accessory structures must not be located in any front yard, street side yard, or interior side yard unless a conditional use permit is issued for the accessory structure in accordance with Sec. 24-2308, Conditional Use Permit. This standard will be applied at the time of construction of the accessory structure. Subsequent expansion of the principal dwelling toward the rear of the lot is permitted even if this requirement will not be maintained.
2.
Accessory uses that do not include structures may occupy all or part of a rear yard or interior side yard.
3.
All detached accessory structures on a lot may not occupy, in the aggregate, more than 30 percent of the rear yard area of the lot unless a conditional use permit is issued for the accessory structures in accordance with Sec. 24-2308, Conditional Use Permit.
4.
The limitations of subsections 1 and 3 above do not apply to structures at or below grade, such as underground pipes, driveways, or patios, but do apply to the following:
(a)
Any fully or partially roofed detached accessory building, such as a garage, shed, gazebo, or other similar structure, including any horizontal projections of the building; and
(b)
Accessory structures such as permanent play equipment, sports courts fully or partially enclosed by fencing, swimming pools and their associated decking, and similar structures.
(c)
The lot coverage of accessory structures will be measured around the perimeter of the outermost horizontal extensions of the structure.
5.
An accessory structure must not exceed 20 feet in height.
6.
Subject to subsections 7, 8, and 9 below, accessory structures must be located:
(a)
Outside of any County easements, except as allowed by subsection 8 below;
(b)
Ten feet from the principal dwelling, including attached accessory structures other than decks;
(c)
Six feet from all structures other than the principal dwelling;
(d)
Ten feet from all street and alley lines; and
(e)
Three feet from all other lot lines, except that a swimming pool must be located at least ten feet from all lot lines (measured to the interior pool wall).
(f)
A hot tub or similar fixture located on a deck attached to a dwelling must meet the same requirements as the deck itself. The deck of a swimming pool may be contiguous with a deck attached to a dwelling provided the interior wall of the pool is at least ten feet from the dwelling.
7.
Where the rear yard of a single-family residential corner lot adjoins the side of a neighboring single-family residential lot (either abutting or across an alley or common area less than 30 feet wide), and an adjoining dwelling either has been built or could be built within 100 feet of the rear lot line of the subject lot, any detached accessory structure on the subject lot must be set back from the street side lot line no less than the required front yard setback or the actual building line of the adjoining residential lot, whichever is less. The Planning Director may reduce the setback to 25 feet upon finding that the proposed accessory structure will not be detrimental to nearby dwellings due to the location or configuration of the dwellings or landscaping or similar features of the property.
8.
An accessory structure that is not designed or used for human occupancy may be located within a drainage and utility easement in the special flood hazard area if it will not interfere with the construction, operation or maintenance of any existing or planned facility in the special flood hazard area as determined by the director of the department responsible for the facility. Where a dwelling lot lies partly in a Residential zoning district and partly in a C-1 Conservation District, buildings, structures and uses accessory to the dwelling may be located in the C-1 district subject to the requirements of this subsection.
9.
On double frontage lots, accessory structures must meet the front yard setback at the rear of the principal dwelling unless a planting strip easement is provided in accordance with Chapter 19 of the County Code. If the front yard of a single-family dwelling adjoins either side of the rear yard of the subject lot, accessory structures may be located no closer to the right-of-way than the rear plane of the adjacent dwellings.
B.
For purposes of subsection A above, a deck, awning, trellis, or similar structure is considered attached to a principal structure if it is located within one foot of the principal structure.
C.
A private garage or other accessory structure may be attached to the principal dwelling if the accessory structure is (1) made integral with the principal dwelling, or (2) attached to the principal dwelling by a covered passageway not less than ten feet wide. An attached accessory structure must meet the setbacks required for the principal dwelling, must be at least 10 feet from any detached accessory structure, and must not exceed the height of the principal dwelling (except for accessory antennas).
D.
Accessory to a single-family detached dwelling, single-family attached dwelling, manufactured home dwelling, or duplex dwelling, but not a townhouse dwelling, noncommercial trailers, boats, and recreational vehicles may be stored in completely enclosed buildings, or may be stored outside as follows (see also Sec. 24-4425, Accessory Parking of Trucks and Commercial Vehicles (as accessory to a dwelling)):
1.
A total of no more than two of the following items may be stored outside on any residential lot: recreational vehicles, boats on trailers, or noncommercial trailers such as utility trailers.
2.
Trailers, including boat, cargo, travel, or utility trailers, must not be stored in the front yard, street side yard, or any public right-of-way.
3.
Self-propelled recreational vehicles must not be parked in any public right-of-way.
4.
Any recreational vehicle or travel trailer on a residential lot must not be occupied and must not be connected to any utility service or to the ground or other structure in any manner that would prevent its ready removal.
5.
Any boat stored outside on a residential lot must be stored on a trailer at all times.
(Ord. No. 1335, § 43, 11-12-2024)
The standards set forth in the following sections for a specific accessory use or structure will apply to the particular accessory use or structure, regardless of the zoning district in which it is located or the review procedure by which it is approved, and in addition to the standards in Sec. 24-4403, General Standards for All Accessory Uses and Structures, and Sec. 24-4404, Uses and Structures Accessory to Certain Dwelling, as appropriate, unless explicitly stated otherwise in this Ordinance. The following sections are intended to set forth and consolidate the standards for all accessory uses and structures for which a reference to these sections is provided in the right-most column of Table 4402: Accessory Use or Structure Table.
A.
An accessory dwelling unit is allowed only as accessory to a single-family detached dwelling, and only if the lot and all principal and accessory structures on the lot comply with the dimensional standards for the zoning district in which they are located.
B.
There must be no more than one accessory dwelling unit on a lot.
C.
An accessory dwelling unit may be within or attached to the principal dwelling (e.g., a downstairs or upstairs apartment) or exist within or as a detached building (e.g., an apartment above a detached garage). If it is detached from the principal structure, the accessory dwelling unit must be separated from the principal structure by a distance of at least ten feet.
D.
An accessory dwelling unit must:
1.
Have the same street address and mailbox as the principal dwelling;
2.
Not be subdivided or otherwise segregated in ownership from the principal dwelling;
3.
Use the same water, sanitary sewer, gas, and electric utilities as the principal dwelling; and
4.
Use the same driveway as the principal dwelling, unless it is accessed from a right-of-way not used by the principal dwelling (e.g., a rear alley or separate street access on a corner or through lot).
E.
The floor area of an accessory dwelling unit must not exceed the lesser of 800 square feet or 35 percent of the finished floor area of the principal dwelling (excluding carports, garages, and unfinished basements).
F.
Only one kitchen is allowed in an accessory dwelling unit.
G.
At least one off-street parking space must be provided in addition to those required for the principal dwelling.
H.
A manufactured home or recreational vehicle, travel trailer, camper, or similar vehicle must not be used as an accessory dwelling unit (a temporary family healthcare home is regulated as a temporary use in accordance with Article 4, Division 5, Temporary Uses and Structures).
I.
An accessory dwelling unit must not be offered, leased, or rented for tenancies of less than 30 days.
A.
An antenna placed on a building as an accessory use, other than an amateur (ham) radio antenna, a satellite dish antenna, or a receive-only television or radio antenna placed on a building for use only by the occupants of the building, must comply with the following standards:
1.
When applying for a building permit, the applicant must demonstrate that the building upon which the antenna is proposed to be placed can accept the additional structural loading created by the placement of the antenna.
2.
An antenna that is placed on a building must comply with the following standards, unless a conditional use permit is approved for an alternative design in accordance with Sec. 24-2308, Conditional Use Permit:
(a)
The antenna must not be placed on any residential building that is less than 45 feet tall.
(b)
The total area devoted to placement of communication antennas and permitted roof-mounted mechanical equipment must not exceed 25 percent of the roof area of the building or structure.
(c)
The antenna must not extend more than 20 feet above the highest point of the building.
(d)
More than one antenna may be placed on a building, provided the antennas are either screened from view from the right-of-way or painted or otherwise camouflaged to minimize their appearance.
B.
Any satellite dish antenna more than 18 inches in diameter must comply with the following standards:
1.
A satellite dish antenna located on property within the exclusive use or control of the antenna user and designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, is subject to the standards in this subsection only to the extent that the standards do not unreasonably delay, prevent, or increase the cost of its installation, maintenance, or use or preclude reception of an acceptable quality signal.
2.
Antennas must not be located in a front or street side yard, or within three feet of any rear or side lot line. On through lots and corner lots, antennas must not be located between the principal building and a public street.
3.
Antennas must not exceed 12 feet in diameter
4.
Antennas must not exceed 13.5 feet in height above the eaves of the roof or 35 feet above the ground.
5.
A ground-mounted antenna must be screened from ground-level view from adjacent streets and parcels with approved fencing or landscaping.
6.
The antenna must be installed in accordance with all FCC, building code, and manufacturer specifications, rules, and requirements.
C.
An amateur (ham) radio antenna must comply with the following standards:
1.
The antenna must not exceed a height of 75 feet above grade.
2.
An antenna attached to a principal structure on the lot must be located on a side or rear elevation of the structure.
3.
A freestanding antenna must not be located in a front or street side yard or within 10 feet of any lot line.
4.
The Planning Director must approve a waiver or deviation of the above standards if the ham radio operator demonstrates that such waiver or deviation is necessary to accommodate the operator's amateur communications needs.
An automated teller machine (ATM) as an accessory use must comply with the standards in this section.
A.
An ATM designed for walk-up use and located in the exterior wall of a building or within a parking area must be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking areas and building entrances, or vehicular movement in front of buildings or through parking areas.
B.
An ATM designed for use by customers in their vehicles must comply with the accessory use standards (including zoning district where allowed) for a drive-through facility in this Ordinance (see Sec. 24-4415, Accessory Drive-Through Facility).
C.
The roof or awning over any drive-through for an ATM, including any supporting columns and brackets, must match the design and exterior building materials of the principal building.
A.
An automatic car wash is allowed as an accessory use to any of the following uses:
1.
Automobile fueling station;
2.
Convenience store;
3.
Automobile rentals; and
4.
Automobile sales.
B.
An automatic car wash must comply with the standards in Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading, and must be designed to avoid obstructions to vehicular movement along adjacent streets, through parking areas, and in front of buildings.
C.
All washing activity must occur within an enclosed building.
D.
Equipment for vacuuming vehicle interiors must:
1.
Be screened from view from the right-of-way and from abutting property;
2.
Be located a minimum of 10 feet from abutting property; and
3.
Not produce sound more than 55 dBA above ambient sound at any lot boundary line at the periphery of the site.
E.
An automatic car wash must comply with the standards applicable to the principal use.
F.
In the B-2 District, up to one automatic car wash bay is allowed, provided the total number of bays, including car wash, parts installation, and minor servicing bays, must not exceed two.
No more than one caretaker dwelling unit may be located in any building or shopping center.
A.
A childcare center is allowed as an accessory use to a religious institution.
B.
A childcare center as an accessory use must comply with all standards in Sec. 24-4308.A, Childcare Center.
C.
In any Residential district, a childcare center as an accessory use must not be operated between the hours of 12:00 midnight and 6:00 a.m.
A community garden as an accessory use must comply with the standards in this section (see Sec. 24-4312.B, Community Garden, for standards that apply to a community garden as a principal use).
A.
Community gardens must only be located on lots having a minimum area of two acres within any Residential district and one acre within any other district.
B.
Community gardens may include up to 1,500 total square feet of floor area combined among greenhouses, storage buildings, or other related structures.
C.
Equipment or materials must be stored within an enclosed structure or within a fully-screened enclosure.
D.
Retail sales and display must not be located within 300 feet of any dwelling.
E.
Temporary shade structures must not cover more than 500 square feet of ground area and must not remain in place overnight.
F.
Exterior lighting is subject to approval of a landscape and lighting plan.
G.
Plantings must not obstruct roadway visibility or impede the flow of traffic.
H.
Fences and walls must comply with the standards in Article 5, Division 4, Fences and Walls.
I.
Composting must be limited to vegetative matter produced on site, must be confined to an area not exceeding ten percent of the lot area or 100 square feet, whichever is smaller, and must not be located within 60 feet of any residential lot.
A maximum of one cremation chamber is allowed as an accessory use to any funeral home or veterinary hospital or clinic, subject to applicable state law.
A.
A donation box is allowed as an accessory use to any principal use other than a single-family dwelling, only with the written permission of the property owner.
B.
All donated goods must be stored in closed containers that comply with the dimensional standards for principal buildings in the district in which they are located.
C.
The donation box must not occupy or interfere with required parking and must be located outside all required minimum setbacks.
D.
The donation box and the area around it must be maintained in a clean and orderly condition.
E.
The name, address, and phone number of the organization collecting the donated goods must be posted on the side of the donation box.
A drive-through facility for a use other than a restaurant must comply with the standards in this section.
A.
The facility must be accessible from an arterial, collector, or major access road without passing through a residential neighborhood.
B.
The driveway providing access to the drive-through facility must be at least 25 feet from any other driveway, measured from curb to curb.
C.
Vehicle stacking lanes must be provided.
D.
Traffic circulation patterns on the site in relation to the drive through must not impede vehicular movement external to the site or block access to any required parking spaces located on the site. The County Engineer may require the owner to provide standard traffic control signs to notify customers that stopping or standing in the public right of way is prohibited.
E.
Drive-through facilities must not obstruct the movement of pedestrians along sidewalks, through areas intended for public use, or between the building entrance and customer parking spaces.
F.
Drive-through facilities, including stacking lanes, must not be located within 50 feet of a Residential district or a lot containing a residential use.
A.
EV Level 1 charging stations and EV Level 2 charging stations are allowed as an accessory use to any permitted principal use. EV Level 3 charging stations are allowed as an accessory use to any residential use with 100 or more dwelling units or any nonresidential principal use (including a continuing care retirement community or a nursing home).
B.
Except as otherwise provided below or where accessory to an individual single-family detached, townhouse, duplex, or manufactured home dwelling, EV charging station spaces must be reserved and designated for the charging of electric vehicles only. Information regarding amperage and voltage levels, any enforceable time limits or tow-away provisions, and contact information for reporting non-operating equipment or other problems must be posted at the spaces.
C.
A required accessible parking space for persons with physical disabilities (see Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading) may also serve as an EV charging station space, provided the charging station and its controls meet ADA standards for accessibility to persons with physical disabilities.
D.
EV charging station equipment must not interfere with vehicle, bicycle, or pedestrian access and circulation, or with required landscaping.
E.
Electrical equipment used to power the EV charging station must be screened by a masonry enclosure.
A.
A guesthouse may be occupied only by nonpaying guests who maintain a primary residence elsewhere. A detached accessory building may not be occupied as an accessory dwelling unit unless a conditional use permit is approved pursuant to Sec. 24-4406, Accessory Dwelling Unit. A detached accessory building may not be offered for short-term rental unless a conditional use permit is approved pursuant to Sec. 24-4431, Accessory Short-term Rental (as accessory to a dwelling).
B.
A guesthouse (as distinguished from an accessory dwelling unit) may not include facilities for cooking.
A.
Auxiliary facilities such as parking, a waiting room, fueling, and maintenance equipment are not permitted at an accessory helicopter landing facility (see Sec. 24-4313.B, Helicopter Landing Facility, for helicopter landing facility as a principal use).
B.
The facility must be located as far as reasonably practical from any residential use.
Home occupations must comply with the standards in this section, as applicable.
A.
General Standards Applicable to All Home Occupations. All home occupations must comply with the following standards:
1.
Home occupations must be customarily incidental to a dwelling.
2.
All persons who work at a dwelling must reside in the dwelling. Employees who live outside the dwelling must not park at the dwelling or report to the dwelling for work.
3.
A home occupation must not involve the use of machinery or equipment other than that which is customary for residential use. For example, personal computers and peripherals, hand tools, household woodworking tools, picture framing tools, soldering irons, hot glue guns, domestic sewing machines, up to two hair drying units, and standard household cooking appliances are customary for residential use; commercial kitchen equipment and commercial kilns are not customary for residential use.
4.
A home occupation must not result in adverse noise, vibration, odor, glare, or fumes that can be detected by normal human senses off the premises. There must be no evidence visible from off the premises that the dwelling is used for a business except for a sign as provided in Sec. 24-5703.D.
5.
Commercial vehicles must comply with the limitations of Sec. 24-4425, Accessory Parking of Trucks and Commercial Vehicles (as accessory to a dwelling).
6.
A home occupation must not involve any adult business (see Sec. 24-4316), or any business that requires a dealer's license from the Motor Vehicle Dealer Board or a food service permit from the Virginia Department of Health. A home occupation may include engraving, customizing, refinishing, or repairing firearms, but must not include any other activity that requires a Federal Firearms License.
B.
Standards Applicable to Home Occupations, Office Activities. In addition to the general standards applicable to all home occupations, home occupations limited to office activities must also comply with the following standard: No customers may come to the site of the home occupation.
C.
Standards Applicable to Home Occupations, Provision of Services. In addition to the general standards applicable to all home occupations, home occupations that provide services must also comply with the following standards:
1.
The home occupation must be a customary professional service, such as bookkeeping, counseling, tutoring, music instruction, beauty culture, or a similar use as determined by the Planning Director.
2.
The home occupation must not involve boarding or breeding of animals.
3.
Only one home occupation, provision of services may be conducted in the dwelling unit, and it must not be combined with any home occupation, sale of goods.
4.
Customers may come to the site by appointment only.
5.
The home occupation must be conducted in the principal dwelling, not in an accessory structure and not outdoors.
6.
Storage or sale of merchandise is prohibited, except incidental to the provision of a service on the site (e.g., a hairdresser may sell shampoo to clients).
7.
Hours of operation must be limited to Monday through Saturday, 8:00 a.m. to 8:00 p.m.
8.
One off-street parking space must be provided for the home occupation (in addition to those required for the dwelling).
D.
Standards Applicable to Home Occupations, Sale of Goods. In addition to the general standards applicable to all home occupations, home occupations that involve the sale of goods must also comply with the following standards:
1.
The home occupation must be limited to handicrafts made on site, clothes made or altered on site, and home cooking and preparation of packaged food items. Purchasing finished products and offering them for resale is not allowed as a Home Occupation, Sale of Goods.
2.
Only one such home occupation may be conducted on the property, and it must not be combined with any home occupation, provision of service.
3.
Customers may come to the site by appointment only.
4.
The home occupation must be conducted in the principal dwelling, not in an accessory structure and not outdoors.
5.
Hours of operation must be limited to Monday through Saturday, 8:00 a.m. to 8:00 p.m.
6.
One off-street parking space must be provided for the home occupation (in addition to those required for the dwelling).
(Ord. No. 1335, § 44, 11-12-2024)
The keeping of animals outside a dwelling as accessory to a dwelling is permitted only in accordance with the standards in this section and all other applicable standards in this Ordinance.
A.
General Standards.
1.
There must be no boarding of animals for compensation on the premises.
2.
All animals, other than honeybees, must be confined to the premises at all times.
3.
The keeping of animals, including the storage of food and the storage and disposal of animal waste, must not produce any objectionable odors or vermin on surrounding properties.
4.
The keeping of wild animals or animals of a species that is not customarily domesticated is prohibited.
B.
Honeybees.
1.
Hives for honeybees are allowed by right provided they are not located in a front or side yard, or within 10 feet of any lot line, or within 50 feet of a swimming pool on another lot.
2.
Where one or more hives are located within 100 feet of a property line, the number of hives must not exceed four. Where all hives are located 100 feet or more from all property lines, the number of hives must not exceed 10.
3.
For each standard hive, no more than two nucleus colonies may be maintained from April 15 to August 15 of each year.
4.
If the opening or landing platform of a hive faces a property line within 15 feet, the hive must be screened by an opaque fence or evergreen hedge seven feet in height, positioned parallel to the property line, and extending ten feet beyond the hive in each direction.
5.
At all times, a source of water for the honeybees must be provided within 50 feet of all hives.
6.
A sign must provide reasonable warning of the presence of beehives.
C.
Dogs, Cats, Pigeons, and Similar Animals as Pets. The keeping of dogs, cats, pigeons, and similar animals as pets outside of a dwelling must comply with the following requirements:
1.
In Residential districts, enclosures and shelters for animals are not allowed in front or side yards.
2.
The maximum number of animals allowed is four animals age twelve weeks or older and 15 animals less than twelve weeks old, in the aggregate, counting all pets that spend all or part of the day outside of a dwelling, except in accordance with subsection 3 below.
3.
The keeping of more than four animals twelve weeks old or older or more than 15 animals less than twelve weeks old, in the aggregate, counting all pets that spend all or part of the day outside of a dwelling, is allowed:
(a)
By right in the A-1 District, if the animals are kept at least 400 feet from any dwelling in a Residential district and 100 feet from any other dwelling that is the principal use of the lot; and
(b)
In all other cases, subject to a conditional use permit issued in accordance with Sec. 24-2308, Conditional Use Permit.
D.
Fish. The keeping of any number of fish outdoors as pets is allowed by right if the fish are kept within a pond or pool that is at or below grade and is maintained so that any odors generated are not detectable at the lot boundary line.
E.
Horses or Ponies.
1.
The keeping of horses or ponies is allowed by right only in the A-1, Agricultural District. In the R-0, R-0A, R-1, R-1A, R-2, R-2A, R-3, R-3A, R-4, and R-4A districts, the keeping of horses or ponies accessory to a dwelling is allowed subject to approval of a Conditional Use Permit in accordance with Sec. 24-2308, Conditional Use Permit.
2.
A maximum of three horses or ponies may be kept for personal enjoyment as accessory to a dwelling.
3.
A minimum of one acre of fenced pasture is required for each horse or pony.
4.
Any barn, stable, or similar structure must be located at least 400 feet from any dwelling in a Residential district and 100 feet from any other dwelling that is the principal use of the lot.
F.
Miniature Livestock. The keeping of miniature livestock, including miniature horses, potbellied pigs, and pygmy goats, is allowed by right only in the A-1, Agricultural District. In the R-0, R-0A, R-1, R-1A, R-2, R-2A, R-3, R-3A, R-4, and R-4A districts, the keeping of miniature livestock accessory to a dwelling is allowed subject to approval of a conditional use permit in accordance with Sec. 24-2308, Conditional Use Permit.
G.
Poultry. The keeping of poultry is allowed as an accessory use to a single-family detached, duplex, or manufactured home dwelling in accordance with the standards in this subsection (see Sec. 24-4302.A, All Animal Husbandry Uses, for standards for keeping poultry as a principal use).
1.
The keeping of poultry is allowed by right only in the A-1, Agricultural District. In the R-0, R-0A, R-1, R-1A, R-2, R-2A, R-3, R-3A, R-4, and R-4A districts, the keeping of poultry accessory to a dwelling is allowed subject to approval of a Conditional Use Permit in accordance with Sec. 24-2308, Conditional Use Permit.
2.
No more than six hens may be kept on the property. Roosters are prohibited.
3.
The hens must be kept within a covered enclosure that includes a coop and an enclosed run. The coop and the enclosed run must have a combined minimum enclosed area of 30 square feet. The enclosure must not be located in a front or side yard, must not be within 25 feet of a side lot line, and must meet the rear yard setback that applies to the dwelling.
Limited fuel oil or bottled gas distribution is allowed as an accessory use to retail sales and services uses, automotive filling stations (fuel only), and campgrounds, subject to the following standards:
A.
Location of tanks for on-site storage and distribution must be approved by the Fire Marshal.
B.
The Planning Director may require additional safety signs, fencing, and screening of on-site fuel tanks, in addition to those required for the principal use, as necessary to protect public safety.
C.
Any structure housing the fuel, oil, or bottled gas that is located on a sidewalk or other walkway must maintain at least five feet of clearance along the sidewalk or other walkway for use by pedestrians.
A.
General.
1.
Merchandise displayed must be limited to that sold or rented by the principal use.
2.
Except for large outdoor display areas (see subsection B below), the display area must be located either on raised gasoline pump islands or immediately adjacent to the front or side of the principal building, and not in drive aisles, loading zones, fire lanes, parking lots, or within any required buffer, planting area, or area required to meet minimum sidewalk width.
3.
Outdoor display areas must be located within an area that is an integral part of the architectural design of the building and designed for the purpose of outdoor displays.
4.
Outdoor display areas must maintain a clearance in front of primary building entrances for at least ten feet directly outward from the entrance width.
5.
Except for large outdoor display areas (see subsection B below), the display area must not extend more than 15 feet from the exterior wall of the principal building and must comply with the minimum setbacks that apply to the principal structure.
6.
Any sidewalk abutting an outdoor display area must have a minimum width of five feet.
B.
Large Outdoor Display Areas. Any outdoor display areas over 7,500 square feet in area and any display of trailers, sheds, or similar merchandise must comply with the standards in subsection A above and, in addition, with the following requirements.
1.
The outdoor display area must be located to the side of the principal building and must not extend more than 25 feet from the front façade;
2.
The outdoor display area must be screened by a fence a minimum of six feet in height made of wrought iron, masonry, or other material of a similar quality and finish as the principal structure; and
3.
Sheds, trailers, and similar merchandise must be set back a minimum of 25 feet from the fence.
Outdoor seating is allowed as an accessory use to any Eating Establishments use, subject to the following standards:
A.
Outdoor seating areas must not be located within 100 feet of any R-0, R-0A, R-1, R-1A, R- 2, R-2A, R-3, R-3A, R-4, R-4A, R-5A, or R-5B districts.
B.
Outdoor seating areas must be located entirely on privately owned land.
C.
Sound production or reproduction machines or devices (including musical instruments, loud-speakers, and sound amplifiers) must not be played in the outdoor seating area at volumes clearly audible inside a dwelling not located on the same property as the restaurant.
D.
Hours of operation of the outdoor seating area must not exceed those for the eating establishment. Within 200 feet of a Residential district, operation of the outdoor seating is not allowed between the hours of 10:00 p.m. and 6:00 a.m.
E.
The outdoor seating area must not obstruct the movement of pedestrians along sidewalks or through areas intended for public use. The outdoor seating area may be permitted on a sidewalk abutting or adjacent to the eating establishment, subject to the following requirements:
1.
The outdoor seating area must be limited to that part of the sidewalk directly to the front or side of the eating establishment.
2.
Tables, chairs, umbrellas, or other furnishings or equipment associated with the outdoor seating area must not be attached, chained, bolted, or otherwise affixed to any curb, sidewalk, tree, post, sign, or other fixture within the outdoor seating area.
3.
A clear, unobstructed pathway at least five feet wide must be maintained to allow through pedestrian traffic along the sidewalk and from the sidewalk into the entrance to the eating establishment. A greater width may be required by the County Engineer where necessary to ensure the safe and convenient flow of pedestrian traffic.
4.
A clear separation of at least five feet must be maintained from any alley, crosswalk, fire hydrant, or similar public or emergency access feature in or near the outdoor seating area. A greater clear distance may be required where necessary to ensure use of the public or emergency access feature.
5.
The perimeter of the outdoor seating area must not create a physical or visual barrier discouraging the use of the sidewalk by the general public. This does not prohibit use of barriers for areas where alcohol is served as required by state law.
6.
Tables, chairs, umbrellas, and other furnishings associated with the outdoor seating area must be of sufficient quality design, materials, and workmanship to ensure the safety and convenience of area occupants and compatibility with adjacent uses.
F.
Outdoor food preparation must not cause detrimental impacts to nearby uses or property due to noise, glare, light, smoke, odor, grease, or similar effects. In the R-6, O-1, O-2, O-3, O/S, B-1, and B-2 districts, outdoor food preparation may only be allowed upon approval of a Provisional Use Permit by the Board of Supervisors in accordance with Sec. 24-2306, Provisional Use Permit.
(Ord. No. 1338, § 13, 2-11-2025)
A.
In the B-1, B-2, B-3, and M-1 districts, outdoor storage must comply with an approved plan of development (see Sec. 24-2314) or site plan (see Sec. 24-2315) and the following standards:
1.
Outdoor storage areas for shopping carts must be located either contiguous to and at the entrance to the building, or in the parking lot. If located in the parking lot, shopping cart storage areas must be clearly marked and include sufficient area for the carts to be stored safely without blocking the drive aisles or parking spaces. If located adjacent to the building, shopping cart storage areas must be screened from view by a masonry wall or another material having a similar quality and finish as the principal building.
2.
Outdoor storage other than for shopping carts must be completely screened from view from any Residential district or public right-of-way in accordance with Sec. 24-5311, Screening, and must comply with the setbacks and other dimensional standards for a principal structure in the zoning district in which it is located.
B.
In any Agricultural district or Residential district, outdoor storage on a lot where the principal use is a dwelling must comply with the requirements of Sec. 24-4404, Uses and Structures Accessory to Certain Dwellings, and the following standards:
1.
Outdoor storage of household appliances, furniture manufactured and sold for indoor use, or any other abandoned, discarded, demolished, or worn-out material is prohibited; and
2.
Outdoor storage of building materials is prohibited unless the materials are being used on the premises for agricultural operations or substantial and continuing construction activities.
A.
Parking of noncommercial trucks not exceeding 10,000 pounds gross weight, as determined by the vehicle registration, is allowed.
B.
Parking of up to one commercial vehicle, other than a commercial trailer or wrecker, not exceeding 10,000 pounds gross weight as determined by the vehicle registration, is allowed.
C.
Parking of any truck or commercial vehicle exceeding 10,000 pounds gross weight, or any commercial trailer or wrecker, is permitted only while loading, unloading, or working at or near the location where it is parked.
A.
A produce stand must not exceed 750 square feet in gross floor area or 15 feet in height.
B.
A produce stand must be limited to the retail sale of vegetables and fruits grown on the site.
C.
A produce stand must be located to minimize the visual impact of the structure from adjacent public streets and must be located a minimum of ten feet from all lot boundary lines.
D.
A produce stand must be situated so that adequate ingress, egress, and off-street parking areas are provided. A produce stand that is accessory to a use other than a community garden must provide at least five parking spaces meeting the requirements of Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading.
An aboveground rainwater cistern or barrel is allowed as an accessory use or structure to any principal use or structure provided it is located directly adjacent to the principal structure on the lot.
An outdoor recycling and refuse collection area is allowed as an accessory use to any use other than a single-family detached dwelling, duplex dwelling, manufactured home dwelling, or live/work dwelling in accordance with the following standards (see also Sec. 24-5503.A, Lighting to be Provided):
A.
A recycling and refuse collection area must not impede or adversely affect vehicular or pedestrian circulation.
B.
Concrete pavement must be used where a recycling or refuse container pad and apron are located.
C.
All recycling and refuse containers and bins, including pallets, cardboard bales, and oil containers, must be completely screened from view and located in an enclosed area conveniently accessible to all residents and occupants. Enclosures must be constructed of finished masonry materials with the exception of gates and doors. Gates and doors must be constructed of wood, metal, PVC, or similarly durable material, and must not be constructed of chain-link fence. Gates must remain closed except as needed to enter or exit the screened area. The use of portable shipping containers or tractor trailers for storage is prohibited.
D.
Roofed recycling and refuse enclosures, including enclosures for fats, oils, and grease, must comply with the minimum setbacks that apply to the principal structure.
E.
Gates intended for service access to the recycling and refuse collection area must provide an opening at least ten feet wide. Gates and doors must be opaque, substantial, and oriented to minimize views of the enclosures from public rights-of-way. Support posts, gate frames, hinges and latches must be of a sufficient size and strength to allow the gates to function without sagging or becoming misaligned. Where a gate in the screening faces a public right-of-way, the gate must be closed and latched at all times except two hours prior to a scheduled collection time and one hour after collection.
F.
Recycling and refuse collection areas must not be serviced before 6:00 a.m. or after 12:00 midnight, or as otherwise required by Neighborhood Compatibility, Sec. 24-5607, Operational Standards.
G.
The recycling and refuse collection area must be kept free of litter, debris, and residue. Storage outside of containers or bins is prohibited.
In the M-2 and M-3 districts, retail sales as an accessory use to an Industrial use must comply with the following standards:
A.
In buildings with single occupancy, retail sales area must not exceed 20 percent of the building floor area;
B.
In buildings with multiple occupancy, retail sales areas must not exceed 33 percent of the building floor area;
C.
Additional off-street parking must be provided for the retail sales in accordance with Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading;
D.
With the exception of building materials, all goods for sale must be stored indoors, or in an outdoor storage area that is not located in a front or side yard, meets all principal structure setbacks, and complies with the screening requirements for accessory outdoor storage;
E.
Merchandise must not be displayed such that it is visible from a public right-of-way;
F.
Retail customers must not have access to other storage areas, and retail displays must not be placed in other storage areas.
A.
The plant must process only materials extracted from the premises on which the plant is located;
B.
The plant must be located at least 600 feet from all Residential districts;
C.
The plant must not exceed five acres in area; and
D.
The plant must comply with all standards that apply to the principal use.
A.
Conditional use permit. A conditional use permit is required for short term rental, hosted stays (see Article 8, Division 5, General Definitions) that are (1) located in a guesthouse, (2) located on a lot that does not abut a public street for at least 80 feet, (3) occupied by more than six short-term renters at any time, or (4) rented more than a total of 60 days in any calendar year, and for short term rental, unhosted stays (see Article 8, Division 5, General Definitions).
B.
Principal residence required. Only a dwelling that is occupied by the resident for at least 185 days per year may be offered for short-term rental. Prior to offering any property as a short-term rental, the resident must certify, on a form provided by the Planning Director, that the resident occupies the property for at least 185 days per year.
C.
Parking spaces. One off-street parking space must be provided for each guestroom in addition to parking spaces required for the principal dwelling.
D.
Resolution of issues and complaints. During short-term rental, hosted stays, the property owner must respond to and resolve issues and complaints that arise in connection with the stay at any time. For short-term rental, unhosted stays, prior to offering the property as a short-term rental, the property owner must provide, on a form provided by the Planning Director, the name and contact information of an adult who will be available at all times when the property is occupied as a short-term rental. The designated adult must respond in person at the property within 30 minutes whenever necessary to resolve issues and complaints arising in connection with the short-term rental.
E.
Limit on number of occupants. The occupancy of any property during a short-term rental may not exceed a number equal to twice the number of bedrooms in the dwelling.
F.
Limitation on additional uses. No property owner may offer as a short-term rental any property that is also used for a family day home, group home, assisted living facility, massage therapy, or taxi or other carrier service. No property owner may offer, allow, or provide a short-term rental for any other commercial use not customarily incidental to a one-family dwelling, including, without limitation, commercial use for parties, banquets, weddings, receptions, meetings, filming, or advertising activities.
G.
Prohibition against double-booking. No property owner may rent any property pursuant to two or more booking transactions for the same dates, such that no two separately-booked groups of short-term renters may occupy the same property at the same time. For the purpose of this prohibition, a "booking transaction" is any transaction in which there is a charge to one or more short-term renters by a property owner in exchange for the occupancy of the property.
H.
Prohibition against renting to minors. No property owner may provide a short-term rental unless at least one of the short-term renters is 18 years of age or older.
I.
Hours of check-in and check-out. The property owner may not offer check-in or check-out services to short-term renters between the hours of 11:00 p.m. and 7:00 a.m.
J.
Provision of smoke detectors, etc. The property owner of any property offered for short-term rental must provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required to be in the short-term rental by law. No property owner may obstruct any emergency egress required by law.
K.
Posting of information required. The property owner must conspicuously post the following information in any property offered for short-term rental:
1.
The property address;
2.
The name and contact information of the property owner and, if applicable, the adult designated pursuant to subsection D above;
3.
Detailed instructions for emergency shut-off of gas, electricity, and water, including the locations of gas and water valves and circuit breakers;
4.
Recycling and trash collection schedules; and
5.
The Henrico County noise ordinance.
L.
Limitation on pets. No property owner may allow more than three pets to be kept on the property of a short-term rental at any time.
M.
Record of rentals. The property owner must keep an accurate and complete record of each short-term rental for two years from the ending date of the rental and provide those records to the Planning Director for inspection upon the Director's request. The record of each rental must show, at a minimum, the beginning and ending dates of each rental and the number of persons occupying the dwelling.
(Ord. No. 1335, § 45, 11-12-2024)
A.
Accessory solar energy equipment must comply with the maximum height standards for the zoning district in which it is located, except roof-mounted equipment may extend a maximum of three feet above the roofline of the building on which it is mounted, regardless of building height.
B.
Accessory solar energy equipment must not produce glare on neighboring properties.
A minimum of one off-street parking space meeting the requirements of Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading, must be provided for every 100 square feet of tasting areas and other areas designed for on-premise consumption of food and beverages.
A.
A parking space must be provided for each rental vehicle, in addition to the off-street parking spaces required in Article 5, Division 2, Off-Street Parking and Loading.
B.
All parking, service, and maintenance areas of establishments that rent small trucks, vans, trailers, or recreational vehicles must be located at the back of the buildings and must be screened from view with approved fencing or landscaping.
Bulk storage of flammable liquids as an accessory use to any use other than an automobile filling station (fuel only) or for emergency generators at a hospital or similar facility must comply with the standards in Sec. 24-4330.E.5.
(Ord. No. 1335, § 46, 11-12-2024)
Vending machines for selling food or beverages are allowed as an accessory use to any use provided a maximum of two such vending machines may be located on the premises outside of an enclosed building.
A.
Tower-mounted wind energy systems must not be located within a front yard.
B.
The wind energy system must be set back from all property lines and overhead utility lines a distance equal to its total extended height (e.g., if on a roof, roof height plus the height of any tower extending from the roof) plus 15 feet. Guy wires and other support devices must be set back at least five feet from all property lines.
C.
The wind energy system, including any tower and extended blades, must not exceed the maximum height allowed in the zoning district plus 60 feet.
D.
Sound produced by the wind energy system under normal operating conditions, as measured at the property line, must not exceed 55 dBA at any time.
E.
Wind turbines and towers must be painted or finished in the color originally applied by the manufacturer, or a matte neutral color (e.g., gray, white) that blends into a range of sky colors, or a color consistent with that of the buildings on the site.
F.
Wind turbine blade tips and vanes must have a minimum ground clearance of 15 feet, as measured at the lowest point of the arc of the blades. No blades may extend over parking areas, public rights of way, driveways, or sidewalks.
G.
Illumination of turbines and towers is prohibited unless required by the FAA.
H.
On a freestanding tower, any climbing foot pegs or rungs below 12 feet must be removed to prevent unauthorized climbing. For lattice or guyed towers, barriers must be fastened to the bottom tower section to prevent unauthorized climbing.
I.
The wind energy system must not include signs visible from any public street other than signs required by law.
J.
If use of the wind energy system is discontinued for a period of six months, the County will deem it abandoned and provide the owner a written notice of abandonment. Within 90 days after written notice of abandonment is provided, the owner must either remove the system, including all towers, turbines, and above-ground structures and equipment, or resume regular operation of the system.
A data center is allowed as an accessory use to an office or industrial use, subject to the following standards in addition to the standards of Sec. 24-4328.B:
A.
The accessory data center and the office or industrial use to which it is accessory must be located on the same or adjacent premises.
B.
All equipment necessary for operating the data center must be contained within an enclosed building or screened by opaque walls to minimize transmission of sound. This includes equipment for cooling and ventilating, as well as emergency power generators and other emergency power supply equipment.
(Ord. No. 1342, § 6, 6-10-2025)
A.
Purpose. The purpose of this division is to authorize the establishment of certain temporary uses and structures, including special events. This division also identifies the zoning districts in which such temporary uses and structures are allowed, identifies what type of permit or review is required to establish them, sets out general standards applicable to all temporary uses and structures, and sets out any special standards applicable to particular temporary uses and structures. This division is intended to ensure that such uses or structures do not negatively affect adjacent land, are discontinued upon expiration, and do not involve the construction or alteration of any permanent building or structure.
B.
Organization of This Division. Table 4502: Temporary Use and Structure Table, shows whether a particular type of temporary use or structure is permitted or prohibited within the various zoning districts. Sec. 24-4503, General Standards for all Temporary Uses and Structures, establishes general standards that apply to all allowed temporary uses and structures. Sec. 24-4504, Standards for Specific Temporary Uses and Structures, establishes standards that apply to particular types of temporary uses or structures regardless of the zoning district in which they are allowed or the review procedure by which they are approved, unless expressly stated to the contrary. These standards may be modified by other applicable requirements in this Ordinance.
A.
Organization of Temporary Uses and Structures. The Temporary Use and Structure Table in this section lists temporary uses and structures alphabetically.
B.
Abbreviations in Temporary Use and Structure Table Cells. The abbreviations in this subsection apply to Table 4502: Temporary Use and Structure Table. Each cell is located at the intersection of a row and a column, which are referenced in each subsection below.
1.
Permitted Uses. "R" in a table cell indicates that the temporary use or structure in that row is allowed by right in the zoning district at the head of that column, subject to any specific standards for the temporary use or structure that are referenced in the right-most column, Sec. 24-4504, Standards for Specific Temporary Uses and Structures, and all other applicable regulations of this Ordinance. No Temporary Use Permit is required.
2.
Temporary Use Permit Uses. "T" in a table cell indicates that the temporary use or structure in that row is allowed in the zoning district at the head of that column only upon approval of a temporary use permit in accordance with Sec. 24-2312, Temporary Use Permit, subject to any specific standards for the use or structure that are referenced in the right-most column, Sec. 24-4504, Standards for Specific Temporary Uses and Structures, and all other applicable regulations of this Ordinance.
3.
Prohibited Uses. "—" in a table cell indicates that the temporary use or structure in that row is prohibited in the zoning district at the head of that column.
C.
Standards for Specific Temporary Uses and Structures. A particular temporary use or structure that is allowed in a zoning district may be subject to additional standards that are specific to that use or structure. The applicability of such specific standards is noted in the right-most column of Table 4502: Temporary Use or Structure Table, through a reference to standards in Sec. 24-4504, Standards for Specific Temporary Uses and Structures.
D.
Unlisted Temporary Uses. The Planning Director is authorized to evaluate proposed temporary uses or structures that are not identified in Table 4502: Temporary Use or Structure Table, on a case-by-case basis applying the criteria in Sec. 24-8407, Interpretation of Unlisted Uses. Upon determining the proposed use or structure is similar to a use or structure listed in the table, the Planning Director will treat the proposed use or structure the same as the most similar use or structure. If the Planning Director determines that the proposed use or structure is not similar to any listed use or structure, the Board of Zoning Appeals may approve that use or structure by conditional use permit (see Sec. 24-2308.B).
E.
Temporary Use and Structure Table. Temporary uses and structures are allowed in each of the zoning districts in accordance with Table 4502: Temporary Use or Structure Table. In addition, the Board of Zoning Appeals may approve any temporary use or structure not otherwise permitted in the district where it is proposed to be located that does not involve the construction or use of permanent structures (see Sec. 24-2308.B).
(Ord. No. 1338, § 14, 2-11-2025)
Unless otherwise specified in this Ordinance, all temporary uses and structures must:
A.
Comply with all applicable County, state, and federal regulations and obtain all applicable County, state, and federal licenses and permits;
B.
Not involve the retail sales or display of goods, products, or services within a public right-of-way, except as part of a County-authorized event;
C.
Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
D.
Be compatible with the principal uses taking place on the site;
E.
Not have adverse health, safety, noise, or nuisance impacts on any adjoining permanent uses or nearby residential neighborhoods;
F.
Not include permanent alterations to the site;
G.
Comply with temporary signs standards in Article 5, Division 7, Signs (all temporary signs must be removed promptly after the activity ends).
H.
Not violate the conditions of approval that apply to a site or a use on the site;
I.
Be located on a site containing sufficient land area to allow the temporary use, structure, or special event to occur and accommodate associated pedestrian, parking, and traffic movement without disturbing environmentally sensitive lands; and
J.
Not damage any required landscaping.
The standards set forth in Sections 24-4505 through 24-4518 for a specific temporary use or structure apply to the particular individual temporary use or structure, regardless of the zoning district in which it is located or the review procedure by which it is approved, and in addition to the standards in Sec. 24-4503, General Standards for all Temporary Uses and Structures, unless otherwise specified in this Ordinance. The following sections are intended to set forth and consolidate the standards for all temporary uses and structures for which a reference to these sections is provided in the right-most column of Table 4502: Temporary Use or Structure Table. These standards may be modified by other applicable standards or requirements in this Ordinance.
A.
The temporary building, structure, or use must not be moved onto the project site prior to the issuance of a temporary use permit and any required building permit for the related project and must be removed within 30 days after either (i) the expiration of the building permit, or (ii) the issuance of the final certificate of occupancy for the building or completed development, at which time the temporary use permit will expire.
B.
The temporary building, structure, or use may be placed on a property adjacent to the construction site if site constraints make it impractical to locate the building, structure, or use on the construction site, provided the adjacent site must be restored to its previous condition within 60 days after issuance of the final certificate of occupancy for the building or completed development.
C.
Adequate off-street parking for the temporary building, structure, or use must be provided in accordance with the minimum standards for number of off-street parking spaces in Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading.
D.
Construction site fencing may remain in place provided the building permit remains active and has not expired.
E.
The Planning Director will issue the temporary use permit for an appropriate period of time not to exceed 36 months and may extend the temporary use permit for an additional period not to exceed 36 months on finding that the building construction or land development is proceeding in a timely manner.
(Ord. No. 1335, § 47, 11-12-2024)
A.
A temporary family healthcare home must:
1.
Comply with all dimensional standards that apply to principal structures in the zoning district in which it is located;
2.
Not be placed on a permanent foundation;
3.
Be connected to all water, sewer, and electric utilities serving the primary residence in accordance with all required building, electrical, plumbing permits; and
4.
Comply with applicable requirements of the Virginia Department of Health, including any required individual onsite sewage disposal system permits.
B.
A temporary use permit for a family healthcare home will be valid for one year. The Planning Director may grant written requests for extension of this time period for up to one year per extension on finding the applicant has provided
1.
Sufficient evidence that the family healthcare home complies with the requirements of this Ordinance;
2.
Sufficient evidence that the applicant is a caregiver as defined in Article 8, Division 5, General Definitions; and
3.
A certification from the mentally or physically impaired person's physician that the person still requires assistance with two or more activities of daily living.
C.
The temporary family healthcare home must be removed from the site within 60 days of the date on which it was last occupied by a mentally or physically impaired person receiving services or in need of the caregiver's assistance.
A.
The farmers' market must not operate without written permission from the owner of the property on which it is located.
B.
The farmers' market must not operate for more than 50 days in any calendar year.
C.
The farmers' market must operate only during daylight hours.
D.
From April 1 through November 30, a farmer's market must only be located in a parking lot or other open area. From December 1 through March 31, a farmer's market may operate indoors.
E.
The farmers' market must provide adequate ingress, egress, and off-street parking areas. Vehicular access to the subject property must not be by local streets.
F.
Sales must be limited to the retail sale of agriculture, aquaculture, and horticulture products produced by the vendor, including the sale of products made by the vendor from such products (e.g., baked goods, jams and jellies, juices, cheeses) and incidental sales of crafts or similar home-made products made by the vendor.
G.
Items for sale must not be displayed or stored within customer walkways.
H.
The property owner must designate a manager, who must establish operating rules addressing the governance structure of the market, hours of operation, and maintenance and security requirements and responsibilities. The manager must be authorized to direct the operations of all participating vendors.
A.
A temporary flea market must not operate without written permission from the owner of the property on which it is located.
B.
A temporary flea market must not operate for more than 30 days in any calendar year.
C.
A temporary flea market must operate only during daylight hours.
D.
A temporary flea market must only be located on a parking lot or other open area.
E.
Stalls, sales tables, and any other facilities related to the flea market must be located at least 25 feet from any adjoining street. If located within a parking lot, sufficient parking must be provided for the patrons.
F.
Items for sale must not include automobiles, automobile parts, and non-portable household appliances.
G.
Items for sale must not be displayed or stored within customer walkways.
H.
The property owner must designate a manager, who must establish operating rules addressing the governance structure of the market, hours of operation, and maintenance and security requirements and responsibilities. The manager must be authorized to direct the operations of all participating vendors.
A.
A mobile food unit must not be operated without the written consent of the landowner or tenant, or their authorized agent.
B.
A mobile food unit must be operated on level ground that is surfaced with pavement, gravel, or a similar dustless, all-weather material to ensure safe and convenient pedestrian access.
C.
A mobile food unit, together with any areas provided for on-site consumption of food, must not be operated within a required parking space or be parked in a driveway, drive aisle, sidewalk or other pedestrian way, fire lane, or required landscaped area.
D.
A mobile food unit, including any equipment, furniture, or supplies related to it, must not remain overnight on the same premises where food sales occur.
E.
The vicinity around the mobile food unit must be kept clean and free of litter and debris.
F.
Trash receptacles must be provided where there is any accommodation for consumption of food in the vicinity of the mobile food unit.
A single model sales home or unit may be located on a new development site and temporarily used for sales or leasing uses associated with the development, subject to the following standards:
A.
A model sales home or unit must be located on a lot or building site approved as part of the development, or within a building approved as part of the development. The building must comply with all applicable development standards, including the dimensional standards of the district in which it is located, under both the current lot configuration and the approved lot configuration.
B.
A temporary use permit for the model sales home will be issued only when actual construction on or in the immediate vicinity of the development site necessitates the model sales home or unit. The permit will be initially valid for no more than three years. The Planning Director may grant written extensions of up to three years per extension, or the length of time required for the construction of the development, whichever is less.
C.
Adequate measures must be taken to ensure the model sales home will not adversely affect the health and safety of residents or workers in the area and will not be detrimental to the use or development of adjacent properties or the general neighborhood.
D.
There must be no more than one model sales home or unit per builder in the development, and no more than three model homes per development.
E.
At least one parking space must be provided for every 300 square feet of gross floor area devoted to the model sales home. Accessible parking for persons with physical disabilities is required.
F.
A model sales home or unit may be used for temporary sales or leasing until such time as the last lot is developed.
G.
On termination of the temporary real estate sales or leasing use of a model sales home or unit, the home or unit must be converted into, or removed and replaced with, a permanent dwelling, and any excess parking must be removed and landscaped in accordance with the development permits and approvals for the development.
H.
A model sales home must not be used for storage of building materials.
A.
In Residential districts, storage containers, other than those located on construction sites, must not exceed 130 square feet in floor area or eight feet in height.
B.
In districts other than Residential districts and on construction sites in Residential districts, storage containers must not exceed 160 square feet in floor area or eight and one-half feet in height.
C.
Storage containers must not be located in any street right-of-way, parking or loading area, front yard, required parking space, drive aisle, sidewalk or other pedestrian way, fire lane, or required landscaped area.
D.
Except for storage containers located on construction sites, storage containers must not be located on an individual parcel or site for more than:
1.
One period not exceeding 10 consecutive days in any six-month period in Residential districts; or
2.
One period not exceeding 30 consecutive days in any six-month period in districts other than Residential districts.
A.
A temporary recyclables collection point must not be operated for more than one period not exceeding 30 consecutive days in any six-month period.
B.
A temporary recyclables collection point must not be located on the same lot as a single-family detached, duplex, or manufactured home dwelling.
C.
A temporary recyclables collection point must not exceed 100 square feet in area.
D.
A temporary recyclables collection point must not impede or adversely affect vehicular or pedestrian circulation.
E.
Storage outside of a closed container or bin is prohibited. An application for a temporary use permit must identify measures for daily monitoring and maintenance that will be taken to ensure this requirement is met.
A.
A temporary sawmill must be used only for the sawing of timber cut from the immediate premises.
B.
A temporary sawmill must be located at least 400 feet from the nearest Residential district and 200 feet from any other lot where the principal use is a dwelling, elementary or secondary school, religious institution, Health Care Facilities use, or Day Care use.
A.
Temporary sales must be limited to no more than 90 days in any calendar year.
B.
A temporary sales stand other than a tent must not exceed 400 square feet in area.
C.
Outdoor display area must not exceed 1,600 square feet. This does not include area occupied by a sales stand.
D.
Display or sales areas must not be located in required yards or sight distance triangles.
E.
Off-street parking must be adequate to accommodate the proposed sale of products. A minimum of one parking space for every 200 square feet of display area is required in addition to any other parking spaces required by this Ordinance.
A.
Applicability.
1.
All special events (including cultural events, musical events, celebrations, festivals, fairs, carnivals, circuses, and communal camping) held on private property within the County must comply with the requirements and standards in this section, unless exempted in accordance with subsection (2) below.
2.
The following events or activities are exempt from the standards in this section and may occur without a temporary use permit for a special event; however, they are subject to all other applicable procedures and standards of this Ordinance:
(a)
Special events or activities that are limited to no more than 50 persons;
(b)
Special events or activities occurring within, or on the grounds of, a private residence or on the common areas of a single-family attached, townhouse, two- to four-family, or multifamily residential development that are accessory to the residential use;
(c)
Any event sponsored in whole or in part by the County or the state;
(d)
Any organized activities conducted at sites or facilities typically intended and used for such activities. Examples of such exempt activities include sporting events such as golf, soccer, softball, and baseball tournaments conducted on courses or fields intended and used for such activities; fairs and carnivals at fairgrounds; wedding services conducted at reception halls, or similar facilities; funeral services conducted at funeral homes or cemeteries; religious services, wedding services, and funeral services conducted at religious institutions; and
(e)
Temporary special events that are expressly approved as part of a Conditional Use Permit (Sec. 24-2308), Provisional Use Permit (Sec. 24-2306), Planned Development (Sec. 24-2305), or Musical or Entertainment Festival Permit (Sec. 4-91 et seq.).
B.
Standards. An application for a temporary permit for a special event will be approved unless:
1.
The application contains intentionally false or materially misleading information;
2.
The Planning Director determines that the special event would create an unreasonable risk of significant:
(a)
Damage to public or private property, beyond normal wear and tear;
(b)
Injury to persons;
(c)
Public or private disturbances or nuisances;
(d)
Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel;
(e)
Additional and impracticable or unduly burdensome police, fire, trash removal, maintenance, or other public services demands; and
(f)
Other adverse effects upon the public health, safety, or welfare;
3.
The special event would be of such a nature, size, or duration that the proposed location cannot reasonably accommodate the event; or
4.
The special event would be at a time and location that has already been permitted or reserved for other activities such that emergency services may not be available.
C.
Conditions of Approval. In approving the temporary use permit for the special event, the Planning Director is authorized to impose such conditions upon the permit as may be necessary to mitigate any potential adverse impacts upon other property in the area created or potentially created by the proposed special event. The Planning Director is authorized, where appropriate, to:
1.
Require temporary parking facilities, including vehicular ingress and egress;
2.
Require control of nuisance factors, such as the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat;
3.
Regulate temporary buildings, structures and facilities, including location, height and size, location of equipment and open spaces, including buffer areas and other yards;
4.
Require sanitary and medical facilities;
5.
Require solid waste collection and disposal;
6.
Require security and safety measures;
7.
Authorize an alternative location or date for the proposed special event;
8.
Modify or eliminate proposed activities that would be detrimental to public health, safety, or welfare;
9.
Limit operating hours and days, including limitation of the duration of the special event to a shorter time period than that requested or specified in this section; and
10.
Require a financial guarantee to ensure that any temporary facilities or structures used for such proposed special event will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.
D.
Duration of Permit. A temporary use permit for a special event authorized in accordance with this section will be limited to a maximum duration of 14 days per site per calendar year; however, the Planning Director may authorize a single extension not to exceed 16 days.
A.
The produce stand must be used only for the display and sale of agricultural products grown or produced on the premises.
B.
Access to the produce stand must be by a street other than a local street.
C.
The produce stand must not exceed 200 square feet.
D.
The produce stand must not be used outside the growing seasons of the products sold in the stand and must be removed promptly at the end of each season. The stand must not be used for more than 30 days in any calendar year.
E.
The produce stand must be located at least 15 feet from the road right-of-way.
F.
A minimum of four on-site parking spaces are required in addition to any other parking spaces required by this Ordinance. The location and configuration of parking spaces must comply with Article 5, Division 2, Off-Street Parking and Loading.
An existing building that is accessory to an existing principal dwelling that has been damaged or destroyed by a fire, hurricane, or other physical catastrophe may be temporarily used as the principal dwelling on the lot while the damaged or destroyed principal dwelling is being repaired or reconstructed, provided it complies with the following standards:
A.
The building or inhabited part of the building must meet all applicable building, health, and other regulations for a habitable dwelling;
B.
The building must comply with any standards set forth in a Declaration of Emergency issued in response to the catastrophe; and
C.
The building must be removed or converted to an authorized accessory use within 30 days after issuance of the certificate of occupancy for the permanent principal dwelling. The building must not be used as a dwelling for more than one year unless expressly authorized in a Declaration of Emergency issued in response to the catastrophe.
The standards in this section apply to modular offices, modular classrooms, and other factory-fabricated, transportable buildings, other than family healthcare homes, that are designed to arrive at the site ready for occupancy (except for minor unpacking and connection to utilities), and for relocation to other sites. Such buildings may be temporarily placed on land, subject to the following standards:
A.
The building may be placed on a lot and temporarily used only for the following purposes:
1.
Temporary expansion of space for an existing community services use, government administrative offices, health care use, religious institution, school, or other community-serving institutional use;
2.
Temporary office space for construction management and security uses during construction of new development in accordance with County-approved plans;
3.
Temporary office space pending completion of permanent office space if a building permit has been issued for the permanent office space;
4.
A temporary space for real estate sales or leasing activities associated with a new development pending construction of the development;
5.
Temporary space for recreational use for a new residential development pending construction of permanent recreational facilities approved by the County as part of the development; or
6.
Temporary quarters for the occupants of a principal dwelling or nonresidential building damaged or destroyed by a fire, hurricane, or other physical catastrophe while the dwelling or building is being repaired or reconstructed.
B.
Except as otherwise provided in this Ordinance, the temporary building must comply with the minimum yard requirements for principal structures in the district where it is located and must not be located in the following areas:
1.
Existing required landscaping or perimeter buffer areas;
2.
Areas designated as future required landscaping areas, whether or not vegetation currently exists;
3.
Natural areas, floodplains, and environmentally-sensitive areas; and
4.
Other areas designated on the site for open space, vehicular access, or parking.
C.
Adequate off-street parking for the temporary building must be provided in accordance with the minimum standards for number of off-street parking spaces in Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading.
D.
All permits required by applicable building, electrical, plumbing, and mechanical codes must be obtained before placement of the temporary building and must be kept in force until completion.
E.
The exterior of the temporary building must not be used to display advertising other than signs authorized by Article 5, Division 7, Signs.
F.
A temporary permit issued for a temporary building in accordance with this section will have a period of validity of 12 months or less. The temporary permit may be extended for an additional 12 months, up to three times, if a written request for an extension is approved by the Planning Director 30 days prior to the expiration of the temporary use permit, except that an unlimited number of extensions are allowed for temporary classrooms for use as part of an existing public educational facility. Except for such classrooms, a temporary building must not remain on site for more than four years.
G.
The temporary building must be removed from the site within 30 days after issuance of the final certificate of occupancy for the permanent expansion, new development, permanent office space, permanent recreation facility, permanent facility, or repaired or reconstructed building, as appropriate.
- USE REGULATIONS
Article 4: Use Regulations, provides the use regulations for each zoning district and is organized into five divisions. Article 4, Division 1, Organization of this Article, describes the organization of this article.
Article 4, Division 2, Principal Use Table, sets out which land uses are allowed as principal uses in each of the various zoning districts and whether they are allowed by right, require a conditional use permit (see Sec. 24-2308, Conditional Use Permit), or require a provisional use permit (see Sec. 24-2306, Provisional Use Permit). The table also cross references any specific standards that apply to particular principal uses.
Article 4, Division 3, Standards for Specific Principal Uses, identifies standards that apply to particular principal uses.
Article 4, Division 4, Accessory Uses and Structures, identifies land uses and structures commonly allowed as accessory to principal uses and sets out where they are allowed, what type of permit or review is required to establish them, general standards applicable to all accessory uses and structures, and any special standards applicable to particular accessory uses and structures.
Article 4, Division 5, Temporary Uses and Structures, sets out which land uses or structures are allowed on a temporary basis, whether a Temporary Use Permit is required to establish them, general standards applicable to all temporary uses and structures, and any special standards applicable to particular temporary uses and structures.
The principal use table organizes allowable uses by use classifications, use categories, and use types. The use tables and Article 8, Division 4, Use Definitions and Interpretation, together provide a systematic basis for identifying and organizing uses and distinguishing unidentified uses to determine whether a particular use is allowable in a particular zoning district. Standards in Article 4, Division 3, Standards for Specific Principal Uses, are also organized using the same hierarchical structure.
A.
Use Classifications. Use classifications identify broad general classifications of land use and include residential uses; public, civic, and institutional uses; commercial uses; agricultural uses; and industrial uses. Use classifications are broken down into a series of general use categories and specific use types.
B.
Use Categories. Use categories describe the major sub-groups of the respective use classifications, and are based on common functional characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. For example, the Residential Use Classification is divided into the Household Living and Group Living use categories. Use categories are further broken down into a series of individual use types.
C.
Use Types. The specific use types identify the specific principal uses that fall within each use category. For example, live/work dwellings, single-family detached dwellings, and townhouse dwellings are use types in the Household Living use category.
The abbreviations in this section apply to Table 4205: Principal Use Table. Each cell is located at the intersection of a row and a column, which are referenced in each subsection below.
A.
Permitted Uses. "R" in a table cell indicates that the use type in that row is allowed by right in the zoning district at the head of that column, subject to any use-specific standards in Article 4, Division 3, Standards for Specific Principal Uses, and all other applicable regulations of this Ordinance.
B.
Conditional Uses. "C" in a table cell indicates that the use type in that row is allowed in the zoning district at the head of that column only upon approval of a Conditional Use Permit by the Board of Zoning Appeals in accordance with Sec. 24-2308, Conditional Use Permit, and subject to any use-specific standards in Article 4, Division 3, Standards for Specific Principal Uses. Uses requiring a Conditional Use Permit are subject to all other applicable regulations of this Ordinance and any conditions placed on the CUP by the BZA.
C.
Provisional Uses. "P" in a table cell indicates that the use type in that row is allowed in the zoning district at the head of that column only upon approval of a Provisional Use Permit by the Board of Supervisors in accordance with Sec. 24-2306, Provisional Use Permit, and subject to any use-specific standards in Article 4, Division 3, Standards for Specific Principal Uses. Uses requiring a Provisional Use Permit are subject to all other applicable regulations of this Ordinance and any conditions placed on the PUP by the Board.
D.
Allowed Uses. "A" in a table cell in a planned development district column indicates that the use type in that row is allowed in that district provided the use is set out as a possible use type in an approved PD Master Plan. Allowed uses are subject to the PD Master Plan, PD Terms and Conditions Document, and the other applicable regulations in this Ordinance, including those set forth in Article 3, Division 5, Planned Development Districts.
E.
Prohibited Uses. "—" in a table cell indicates that the use type in that row is prohibited in the zoning district at the head of that column. Any use that is not specifically listed as a permitted use, a conditional use, a provisional use, or an allowed use is prohibited.
The Planning Director must determine whether or not an unlisted use is part of an existing use category or use type as defined in Article 8, Division 4, Use Definitions and Interpretation, and if not, the appropriate Use Category and the most similar use type, using the criteria in Sec. 24-8407, Interpretation of Unlisted Uses. Upon determining the most similar use type, the Planning Director will treat the proposed use the same as the most similar use. If the Planning Director determines that the proposed use is not similar to any listed use type, that use is prohibited.
A.
All regulations of specific uses within overlay districts, other than the FBA-O District, that apply in addition to, or instead of, one or more use regulations in the underlying base zoning district or planned development district, are established in Article 3, Division 7, General Overlay Districts.
B.
Uses are allowed in each of the development areas in the FBA-O District Form-Based Alternative Overlay District (see Sec. 24-3806, Development Areas) in accordance with Article 3, Division 8, FBA-O Form-Based Alternative Overlay District, and Table 4205: Principal Use Table, Table 4402: Accessory Use or Structure Table, and Table 4502: Temporary Use and Structure Table.
Principal uses are allowed in each of the zoning districts in accordance with 4205: Principal Use Table. The cross-references in the "Use Specific Standards" column are provided for ease of reference and are not exhaustive.
(Ord. No. 1324, § 1, 6-25-2024; Ord. No. 1325, § 1, 7-9-2024; Ord. No. 1335, § 35, 11-12-2024; Ord. No. 1338, § 9, 2-11-2025; Ord. No. 1342, § 2, 6-10-2025)
A.
This division sets forth the standards for all principal uses that have a reference provided in the "Use-Specific Standards" column of the principal use table in Article 4, Division 2, Principal Use Table, as well as standards for use classifications and use categories that apply to all uses in the classification or category. The standards set forth in this division for a specific principal use apply to the individual principal use, regardless of the review procedure by which it is approved, unless otherwise specified in this Ordinance. Standards are organized in this division using the same organization of use classifications, use categories, and use types used in Article 4, Division 2, Principal Use Table, and Article 8, Division 4, Use Definitions and Interpretation.
B.
Every principal use must comply with all applicable County, state, and federal laws and regulations.
A.
All Animal Husbandry Uses.
1.
Animals must be kept on the property and not permitted to run at large. Animals may graze up to the property line if the property immediately on the other side of the property line is classified in a Conservation and Agricultural District. Fenced areas for grazing must be set back at least 40 feet from any lot in a Residential District and at least 20 feet from any lot in a Nonresidential and Mixed Use District or a Planned Development District.
2.
Unless the farm is subject to a nutrient management plan or similar conservation plan approved by the Henricopolis Soil and Water Conservation District, all barns, pens, feed lots, and similar animal enclosures, and all areas where animal waste is stored, must be located at least 400 feet from any lot in a Residential district and 200 feet from any other lot where the principal use is a dwelling.
3.
For a farm subject to a nutrient management plan or similar conservation plan approved by the Henricopolis Soil and Water Conservation District, all barns, feed lots, and similar animal enclosures, and all areas where animal waste is stored, must be located at least 60 feet from any lot in a Residential district and any other lot where the principal use is a dwelling. The conservation plan must indicate the number of each type of animal that will be kept on the property and must indicate the location of all proposed barns, pens, feed lots, and similar enclosures, and all areas where animal waste will be stored. Once the plan has been approved by the Henricopolis Soil and Water Conservation District and the Planning Director, no additional animals may be added to the property without an approved amendment to the plan.
4.
Pens, stalls, and grazing areas must be maintained in a sanitary manner free from noxious odors.
A.
All Agriculture Support and Services Uses (Directly Related).
1.
An agriculture support and services use (directly related) is allowed only in direct association with and on the same lot as an on-going agriculture, horticulture, animal husbandry, or silvicultural use.
2.
An agriculture support and services use must be accessible from an arterial, collector, or major access road without passing through a residential neighborhood.
3.
All stationary motorized equipment must be located at least 400 feet from any Residential district and 200 feet from any other lot where the principal use is a dwelling.
B.
Agri-Education. In addition to the requirements of subsection A above, the following requirements apply to agri-education uses.
1.
All structures intended for occupancy by members of the public must comply with all applicable permit requirements.
2.
Approval of a temporary use permit is required for any special event drawing more than 50 people to the site (see Sec. 24-2312, Temporary Use Permit).
3.
An agri-education use must include public restrooms and must be designed and operated to provide adequate parking and pedestrian circulation.
C.
Agricultural Processing. In addition to the requirements of subsection A above, all agricultural processing facilities must be located at least 400 feet from the nearest Residential district and 200 feet from any other lot where the principal use is a dwelling.
D.
Equestrian Facility. In addition to the requirements of subsection A above, all parts of an equestrian facility where animals are kept or equestrian events are held must be located at least 400 feet from the nearest Residential district and 200 feet from any other lot where the principal use is a dwelling.
E.
Farm or Limited Production of Food and Beverages. In addition to the requirements of subsection A above, the following requirements apply to farm or limited production of food and beverages.
1.
Sampling and sale for on- and off-site consumption of food and beverages produced on the premises are allowed as an accessory use in accordance with all applicable state regulations. This may include a farm winery, limited brewery, or limited distillery; or a home food processing operation (foods prepared in a private kitchen) or commercial kitchen food processing operation (foods prepared in a kitchen other than a private kitchen) as regulated by the Virginia Department of Agriculture and Commercial Services.
2.
Sale of prepackaged foods and beverages that are consumed on the premises is allowed as an accessory use to a permitted farm winery, limited brewery, limited distillery, agri-education, or agritourism use.
3.
A restaurant is allowed as an accessory use if it has a conditional use permit in accordance with Sec. 24-2308, Conditional Use Permit, and the Board of Zoning Appeals finds that the restaurant is compatible with the rural character of the farm and the surrounding area, and that traffic, parking, exterior lighting, and hours of operation will not be detrimental to nearby property.
4.
Retail sales of merchandise is permitted as an accessory use if the items sold are associated with the site (e.g., glassware and souvenirs), or are locally produced goods of the type that would be sold at an artisan's and crafter's market or farmers' market.
F.
Produce Market. In addition to the requirements of subsection A above, the following requirements apply to produce markets.
1.
The gross floor area of a produce market must not exceed 8,000 square feet.
2.
A minimum of 25 percent of the products sold must be agricultural products produced on-site
A.
All Agriculture Support and Services Uses (Not Directly Related).
1.
An agricultural support and services use (not directly related) must be accessible from an arterial, major collector, or major access road without passing through a residential neighborhood.
2.
Structures must not exceed 35 feet in height if located within 500 feet of a dwelling.
B.
Agricultural Research Facility. In addition to the requirements of subsection A above, the following requirements apply to agricultural research facilities.
1.
In the A-1 District, all stationary motorized equipment must be located at least 400 feet from any Residential district and 200 feet from any other lot where the principal use is a dwelling.
2.
In the M-1 District, all research activities must take place in fully enclosed buildings.
C.
Stockyard or Slaughterhouse. In addition to the requirements of subsection A above, the following requirements apply to stockyards and slaughterhouses.
1.
A stockyard or slaughterhouse must be located at least 1,200 feet from any Residential district or any other lot where the principal use is a dwelling.
2.
Slaughter of animals must take place inside an enclosed building to prevent the transmission of sound to the outside.
3.
Animals must be enclosed in gated enclosures with a minimum height of six feet.
4.
Waste must be stored in airtight containers and must be confined in fully enclosed structures.
5.
All loading and unloading areas must be screened from view from adjacent lands and public streets.
Silviculture activities must comply with all applicable state regulations pertaining to water quality. If exempt from such regulations, silviculture activities must adhere to water quality protection procedures prescribed by the Virginia Department of Forestry in the most recent edition of "Virginia's Forestry Best Management Practices for Water Quality Technical Manual." Silviculture uses must comply with the minimum setbacks of Sec. 24-3203.D, C-1 District Dimensional Standards, and Sec. 24-3204.D, A-1 District Dimensional Standards.
A.
Dwelling, Live/Work.
1.
The residential portion of a live/work dwelling must occupy at least 50 percent of the total gross floor area.
2.
The nonresidential portion of a live/work dwelling must comply with all applicable Uniform Statewide Building Code requirements.
3.
No more than three persons other than residents of the dwelling may be employed at a live/work dwelling.
4.
Drive-through facilities are prohibited for live/work dwellings.
5.
Any off-street parking provided for the nonresidential portion of a live/work dwelling must be located as far as practicable from adjacent single-family dwellings.
B.
Dwelling, Manufactured Home.
1.
The manufactured home dwelling must comply with the Virginia Manufactured Housing Construction and Safety Standards Law.
2.
The manufactured home dwelling must be placed on a permanent foundation and must comply with the requirements of the Virginia Uniform Statewide Building Code, including skirting requirements.
3.
One manufactured home dwelling must be the only principal structure on the lot. Manufactured home dwellings must not be used as accessory structures.
4.
Two or more manufactured home dwellings must not be joined or connected together as one dwelling except for those designed and constructed at the factory as multi-section homes. An accessory building must not be attached to a manufactured home dwelling.
C.
Dwelling, Multifamily.
1.
All ground level and rooftop HVAC and mechanical equipment must be screened from view from the property lines at ground level. Screening must consist of materials used in the principal building's front façade or other materials approved by the Planning Director as allowing the screened area to blend in with its surroundings, supplemented with landscaping.
2.
Any stormwater management facility must be designed and utilized as a water feature amenity or designed and landscaped in a manner consistent with the surrounding development.
3.
Except for junction boxes, meters, and pre-existing overhead utility lines, all utilities serving multifamily dwellings must be underground, except where the Planning Director determines that underground utilities are not practical or desirable for technical or environmental reasons. Junction boxes must be screened from view from the property lines at ground level with approved fencing or landscaping.
4.
All multifamily dwellings must be served by public water and sewer.
5.
In the RTH District, the number of dwelling units in a multifamily building must not exceed six.
6.
Apartment buildings must provide centralized collection of trash and recyclable materials adequate to serve the number of dwelling units and meeting the requirements of Sec. 24-4428, Accessory Recycling and Refuse Collection Area, Outdoor, and Sec. 24-5103.G, Access to Shared Facilities.
7.
In addition to the parking required by Sec. 24-5110, Minimum Number of Off-Street Parking Spaces, an additional five percent of the minimum number of required parking spaces must be provided for recreational vehicles. This parking area must be located in a separate, designated area, must not be located in front of units, and must be landscaped in accordance with Sec. 24-5312, Parking Lot Landscaping. The Planning Director may reduce or waive this requirement where full compliance would be impractical or unnecessary due to the design and layout of the site or the specific type of dwelling units proposed.
D.
Dwelling, Single-Family Attached.
1.
No openings are permitted in a party wall between two attached dwellings.
2.
The front wall immediately adjacent to the common lot line of one dwelling must not be set back a greater distance from the front line than the rear wall immediately adjacent to the common lot line of the attached dwelling.
3.
In the R-5A District, single-family attached dwellings are only allowed within an approved subdivision of five or more lots which has been approved in accordance with Sec. 24-2314, Plan of Development or Sec. 24-2315, Site Plan.
E.
Dwelling, Single-Family Detached.
1.
Except in the R-5A and R-5B, General Residence Districts, each lot to be used for a single-family detached dwelling must abut a public street for at least 20 feet in the case of an approved stem lot, 35 feet for an approved cul-de-sac lot, or 50 feet for any other lot. No lot or parcel of land abutting the terminus of a public street right-of-way will be deemed, by virtue of such abutment, to meet this requirement unless such lot fronts on an approved permanent cul-de-sac or turn-around. No lot or parcel of land abutting a controlled access road will be deemed, by virtue of such abutment, to meet this requirement. This requirement does not apply to any lot created by a family subdivision approved under Sec. 19-2304 of the County Code.
2.
In the R-5A and R-5B, General Residence Districts, single-family detached dwellings are only allowed within an approved subdivision which has been approved in accordance with Sec. 24-2314, Plan of Development or Sec. 24-2315, Site Plan. Each R-5A or R-5B lot to be used for a dwelling must abut for at least 25 feet on a public right-of-way or an access easement containing roadways, walkways, or both.
F.
Dwelling, Single-Family on Zero Lot Lines.
1.
In the R-5A District, single-family dwellings on zero lot lines are allowed only within an approved subdivision of five or more lots with a plan of development approved in accordance with Sec. 24-2314, Plan of Development or a site plan approved in accordance with Sec. 24-2315, Site Plan.
2.
Each block must be designated on the plan of development or site plan as either dwellings on zero lot lines or detached dwellings (having side yards on both sides). Dwellings on zero lot lines cannot be mixed within the same block as detached dwellings with side yards on both sides.
3.
At least 50 percent of the length of the wall must be located on the zero lot line.
4.
Along one side of each zero lot line, on the opposite side of the lot line abutting where a dwelling will be located, a construction, drainage, and maintenance easement at least 8 feet in width must be provided and shown on the plan of development or site plan.
5.
Exterior doors are prohibited on the zero-lot-line wall. Roof overhangs and ornamental features are prohibited from extending over the zero lot line unless specifically authorized by the recorded construction, drainage, and maintenance easement.
6.
The mechanical equipment for each dwelling, including gas meters, HVAC condensers, generators, and similar structures, but not including wall-mounted equipment that does not project more than 12 inches from the wall, must be located on the same lot as the dwelling served, not in the 8-foot construction, drainage, and maintenance easement.
G.
Dwelling, Townhouse.
1.
Each row of townhouses must contain no fewer than three and no more than eight dwelling units.
2.
Each interior townhouse must occupy the full width of the lot. Each end unit must have a side yard a minimum of ten feet in width. Each end unit abutting a parking lot or street side of a corner lot must have a total building setback of 20 feet from the public right-of-way, private access drive, common walk, or parking space.
3.
Each townhouse lot must front on either a public street or a private access that meets the following requirements:
(a)
All private access drives must be designed in accordance with applicable standards for private access design at the intersection of a public road, requirements for sight distance, and all applicable design standards for emergency services.
(b)
Units fronting common areas not improved for vehicular access must provide complete pedestrian access from each unit to an overall project pedestrian network. Where deemed necessary, improvements may be required to meet standards for emergency services.
4.
Townhouse lots fronting on public streets must not have front-loaded garages, individual driveways, or parking spaces facing the public street.
5.
Each row of townhouse lots must abut common area a minimum of ten feet in width on each end of each row, along all rear lot lines, and along any front lot line that does not abut a public right of way. Common area that adjoins a controlled access road must be at least 25 feet in width and existing vegetation must be supplemented with trees and shrubs to meet the requirements of a Transitional Buffer 35 (see Sec. 24-5310, Transitional Buffers).
6.
Any permanent wet pond stormwater best management practice (BMP) must be designed and developed as a water feature amenity or designed and landscaped in a manner consistent with the surrounding development. Wet ponds must include adequate aeration features for movement of water.
7.
Except for junction boxes, meters, and pre-existing overhead utility lines, all utilities serving townhouse dwellings must be underground, except where the Planning Director determines that underground utilities are not practical or desirable for technical or environmental reasons. Junction boxes must be screened from view from the property lines at ground level with approved landscaping or fencing.
8.
All ground level and rooftop HVAC and mechanical equipment must be screened from view from the property lines at ground level. Screening must consist of materials used in the front façade of the principal building or other materials approved by the Planning Director, supplemented with landscaping.
9.
Buildings and structures within common areas must comply with the following standards:
(a)
The setback for any structure not designed or certified for permanent occupancy must be ten feet or a distance equal to the height of the structure, whichever is greater.
(b)
The setback for any structure designed or certified for permanent occupancy must be 20 feet or a distance equal to the height of the structure, whichever is greater.
(c)
Pedestrian access must be provided to all common area elements, including mail kiosks, parking lots, refuse collection areas, and recreational amenities.
10.
In addition to the parking required by Sec. 24-5110, Minimum Number of Off-Street Parking Spaces, an additional five percent of the minimum number of required parking spaces must be provided for recreational vehicles. This parking area must be located in a separate, designated area, must not be located in front of units, and must be landscaped in accordance with Sec. 24-5312, Parking Lot Landscaping. The Planning Director may reduce or waive this requirement where full compliance would be impractical or unnecessary due to the design and layout of the site or the specific type of dwelling units proposed.
H.
All Household Living Uses. A lot may be occupied by no more than one single-family, duplex, manufactured home, or townhouse dwelling. A dwelling unit in the Household Living use category may be occupied by one of the following, subject to the other terms of this Ordinance:
1.
Two or more persons related by blood or marriage and their dependent children (natural, step, adopted, foster, or in kinship care);
2.
One or two persons and their dependent children (natural, step, adopted, foster, or in kinship care);
3.
Not more than four persons not related by blood or marriage, living together as a single, stable household, except as otherwise provided in this subsection H; or
4.
A group home.
(Ord. No. 1335, § 36, 11-12-2024; Ord. No. 1338, § 10, 2-11-2025)
A.
Community Center.
1.
Outdoor activity for a community center must be limited to between 8:00 a.m. and 9:00 p.m. Monday through Thursday and between 8:00 a.m. and 11:00 p.m. Friday through Sunday. However, up to four times per year, the hours may be extended to 12:00 Midnight for special events.
2.
Except for the four special events allowed by subsection 1, after 9:00 p.m., noise that is plainly audible inside the confines of a dwelling unit or at a distance of 100 feet or more from the community center is prohibited.
3.
Public address systems may be used at athletic competitions, swim meets, and similar events, and in case of emergency, but at no other time.
B.
Donation Center.
1.
All donated goods must be stored either in a fully enclosed building or in closed containers within a designated area not exceeding 972 square feet in area that complies with the dimensional standards for principal buildings in the district in which they are located.
2.
The donation center must not impede traffic on any public street or parking lot drive aisle or interfere with any required parking space.
3.
The donation center must not occupy required parking, and parking must be provided at the rate of 1 space for every 200 square feet of floor area or designated area.
C.
Radio or Television Station. In the CMU Community Mixed Use District, O-2 Office District, and B-1 Business District, a radio or television station that includes any antennae taller than 50 feet or greater than 1 meter in diameter is allowed only upon approval of a provisional use permit by the Board of Supervisors in accordance with Sec. 24-2306, Provisional Use Permit.
D.
Religious Institution.
1.
Memorial gardens for the sprinkling or burial of cremated human remains may be located on the premises outside of all required minimum yards.
2.
The Planning Director may grant modifications of the standards applicable to a religious institution on finding that the modification is necessary to eliminate a substantial burden on religious practice, as guaranteed by the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000 (42 U.S.C. § 2000 et seq.). In doing so, the Planning Director may impose conditions consistent with RLUIPA that will substantially secure the objectives of the modified standard and substantially mitigate any potential adverse impact on the environment or adjacent development.
(Ord. No. 1335, § 37, 11-12-2024)
A.
Childcare Center.
1.
If not located in a stand-alone building, the childcare center, including restrooms, must be segregated from other uses in the building in which it is located.
2.
A childcare center established after September 1, 2021, must be accessible from an arterial, collector, or major access road without passing through a residential neighborhood.
3.
A childcare center must be located at least 500 feet from any adult use.
4.
An outdoor play area must not be located in the front yard and must meet the side and rear yard setbacks for the principal use. If abutting a residential use, parking lot, or street, the play area must be screened by an opaque fence or wall at least six feet in height supplemented with landscaping. Outdoor play areas must not be operated after 9:00 p.m.
5.
Parking areas and vehicular circulation for the childcare center must be designed to enhance the safety of children as they arrive at and leave the facility. The center must provide a designated pickup and drop-off area that includes at least the equivalent area of one parking space per 20 children. The designated area may be a combination of pull-off area and required parking spaces located adjacent to the childcare center in such a way that children do not have to cross vehicular travel ways to enter or exit the center.
(Ord. No. 1335, § 38, 11-12-2024)
A.
College or university. A college or university may include educational, scientific, and other related research facilities.
B.
Elementary or secondary school. An elementary or secondary school may include as accessory uses childcare and charitable, cultural, and other community service activities on school property.
C.
Vocational or Trade School.
1.
All facilities within a vocational or trade school that typically generate significant noise or fumes, such as auto body or engine repair, industrial painting, auto body painting, industrial manufacturing processes, or campus-wide energy and utility systems, and that are adjacent to a Residential district or the CMU, O-1, O-2, or O-3, district must comply with the following standards:
(a)
The facilities must be located at least 100 feet from any adjacent Residential district;
(b)
A Transitional Buffer 35 must be provided between the facilities and the adjacent district; and
(c)
Plans for new facilities must indicate any other mitigation steps appropriate to the impacts of the facilities, such as additional sound-containment features.
2.
In the O-3 and CMU districts, a vocational or trade school must not include activities which typically generate significant noise or fumes, such as auto body or engine repair, industrial painting, auto body painting, or manufacturing and production.
Portions of government facilities used for maintenance of vehicles and equipment or where there is regular vehicle movement must be screened from view from ground level on any adjoining lots in Residential districts and must be set back a minimum of 20 feet from all such lots.
A.
All Health Care Facilities. All health care facilities must be accessible from an arterial, collector, or major access road without passing through a residential neighborhood.
B.
Continuing Care Retirement Community. In addition to the requirements of subsection A above, a minimum of ten percent of a continuing care retirement community's land area must be devoted to outdoor open space, indoor or outdoor recreation facilities, and indoor or outdoor social-oriented amenities, including community centers. Such areas must be safely and conveniently accessible to community residents. Any continuing care retirement community must have at least three physically separate areas that provide space for recreational and social activities at different intensity levels. Each outdoor area intended for active recreation must have a minimum area of 5,000 square feet and no dimension may be less than 50 feet.
C.
Hospital. In addition to the requirements of subsection A above, the following requirements apply to hospitals.
1.
A hospital must abut a public street for at least 300 feet.
2.
Any hospital that includes an emergency room must include vehicular access and circulation systems that provide safe and separate emergency vehicle access, with minimal conflicts with other vehicular and pedestrian traffic. Entrances designated for emergency vehicles must be from an arterial, major collector, or major access road.
3.
Principal buildings must be located at least 50 feet from the perimeter of the hospital site.
D.
Medical Treatment Facility. In addition to the requirements of subsection A above, a facility for the treatment of persons with opiate addiction using methadone, or any opioid replacements not approved for the treatment of opioid addiction by the U.S. Food and Drug Administration, must be located at least one-half mile from all schools and day care centers, unless the facility is a hospital that is licensed by the State Board of Health or the State Health Commissioner or owned or operated by a state or County agency.
E.
Nursing Home. In addition to the requirements of subsection A above, a nursing home may include retail sales of foods and beverages, gifts, books and periodicals, and other convenience items, provided the floor area of such uses does not exceed 10 percent of the building's gross floor area or 1,000 square feet, whichever is less.
A.
Cemetery.
1.
The minimum area for a new cemetery is two acres. This standard does not apply to cemeteries existing on September 1, 2021, or the expansion of such a cemetery.
2.
A cemetery must be accessible from an arterial, major collector, or major access road without passing through a residential neighborhood. This standard does not apply to cemeteries existing on September 1, 2021, or the expansion of such a cemetery.
3.
Adequate space for the parking and maneuvering of funeral processions must be provided on-site.
4.
All graves must be located a minimum of 50 feet from the perimeter of the site and a minimum of 250 feet from any dwelling or well.
5.
A fence complying with Article 5, Division 4, Fences and Walls, must be provided around the perimeter of the cemetery.
6.
If a cemetery is located in combination with a funeral home or crematory, each use must comply with all applicable standards.
B.
Community Garden. A community garden as a principal use must comply with the standards in this subsection (see Sec. 24-4412, Accessory Community Garden, for standards that apply to a community garden as an accessory use).
1.
Community garden accessory buildings must be limited to storage buildings for tools, greenhouses, and seasonal farm stands. The combined area of all buildings and other structures must not exceed 15 percent of the area of the parcel.
2.
Areas used for communal composting must be located a minimum of 50 feet from the perimeter of the site and must not exceed ten percent of the area of the parcel or 100 square feet, whichever is smaller.
3.
The owner of the community garden must designate an operator, who must establish operating rules for the garden, including hours of operation, assignment of garden plots, and maintenance and security requirements and responsibilities.
C.
Public Park and Parks and Open Areas Not Specified Elsewhere. Any area designated principally for dogs to recreate and exercise off-leash must comply with the following standards:
1.
The dog park must include at least one acre of land, excluding wetlands, floodplains, and resource protection areas.
2.
The dog park must be enclosed by a fence having a minimum height of five feet with at least one double-gated entry and exit.
3.
A minimum of 15 parking spaces must be provided in addition to any other parking spaces required by this Ordinance.
4.
Retail sales, boarding, and other commercial activities are not allowed at a dog park.
5.
The operator of the dog park must post rules for the use of the dog park and must be responsible for the enforcement of those rules.
A.
Airport.
1.
All airport runways must be located at least 100 feet from the perimeter of the site.
2.
Any new airport established after September 1, 2021, must be located at least 1,200 feet from any Residential district. Runways must be located such that no Residential district, school, religious institution, hospital, or nursing home is located within one-half mile of the centerline of the runway extended one mile from each end of the runway.
3.
An airport may include any buildings, structures, and service facilities that are customarily accessory to the operation of an airport, including hangars, terminal buildings, restaurants, parking areas, fueling facilities, and parts storage.
B.
Helicopter Landing Facility. In the O-3, O/S, B-1, and CMU districts, a helicopter landing facility must not include refueling, servicing, or maintenance facilities or hangars.
A.
Solar Array.
1.
Maximum lot coverage of the solar array and any associated equipment must not exceed 65 percent.
2.
Adequate access for maintenance of the solar array must be provided.
3.
The solar array must not exceed a height of 20 feet.
4.
The solar array must be enclosed by security fencing and locked gates that are at least six feet high, and must provide warning signs at each vehicular access point to the site. The fencing must be screened from adjacent streets by landscaping material in accordance with Article 5, Division 3, Landscaping and Tree Protection.
5.
Except for transmission lines and collector utility structures, all utilities associated with the solar array must be located underground.
6.
The applicant must transmit a copy of all application materials to all airports located within five miles of the proposed facility. A final decision on the application will not be made until at least 14 days after the date of transmittal.
7.
The application must include a decommissioning plan that describes the timeline and manner in which the array will be decommissioned and the site restored to a condition similar to its condition prior to the establishment of the facility.
8.
If the solar array ceases operating for a period of 18 consecutive months, the County will deem it abandoned and will provide a written notice of abandonment to the owner. Within 180 days after notice of abandonment is provided, the owner must either complete all decommissioning activities and site restoration in accordance with the decommissioning plan for the array or resume regular operation of the array.
9.
A solar array meeting the definition of a "solar project" in Sec. 15.2-2316.6 of the Code of Virginia must be subject to a siting agreement pursuant to Sec. 15.2-2316.7 of the Code of Virginia.
B.
Utility, major.
1.
An electrical power generation facility must not be located within 250 feet of any lot line.
2.
An electric substation serving a community- or region-wide area must not be located within 100 feet of any lot in a Residential district, or within 20 feet of any lot in any other district.
3.
A sewage treatment plant must not be located within 400 feet of any Residential district, or within 200 feet of any other lot where the principal use is a dwelling.
4.
An energy storage project must be subject to a siting agreement pursuant to Sec. 15.2-2316.7 of the Code of Virginia and must comply with National Fire Protection Association standards.
C.
Utility, minor.
1.
A minor utility must not include facilities for construction, repair, service, or storage of vehicles or off-site utility equipment.
2.
An access easement at least 20 feet wide must be provided to the site of any pumping station, water storage tank, or well house.
3.
County-owned water and sewer pumping stations, water storage tanks, well houses, and similar facilities must be set back 20 feet from all lot lines (this requirement supersedes the setbacks of Article 3).
4.
An electrical substation serving a specific use or project must not be located within 50 feet of any lot in a Residential district or any other lot where the principal use is a dwelling.
D.
Wind energy facility, large.
1.
A wind energy facility must utilize monopole or self-supporting towers.
2.
All towers must be set back from the perimeter of the facility a distance equal to or exceeding the overall height of the tower and associated wind turbine blade (as measured from the base of the tower).
3.
The height of any tower, measured at the highest point of the arc of the blades, must not exceed 199 feet.
4.
Blade tips or vanes must have a minimum ground clearance of 75 feet above grade, as measured at the lowest point of the arc of the blades.
5.
Blades must not extend over public rights-of-way.
6.
All towers and turbines of a wind energy facility must be uniform in design, type, color, number of blades per turbine, and direction of blade rotation. Towers and wind turbines must be painted or finished and maintained in the color originally applied by the manufacturer, or a matte and generally nonreflective neutral color (e.g., gray, white, or galvanized steel).
7.
A wind energy facility must be enclosed by security fencing and locked gates that are at least eight feet high and have anti-climbing devices. The facility must provide warning signs at each vehicular access point to the site. The fencing must be screened from adjacent streets by landscaping material in accordance with Article 5, Division 3, Landscaping and Tree Protection.
8.
Except for transmission lines and collector utility structures, all utilities associated with a wind energy facility must be located underground.
9.
The wind energy facility must not be lighted or illuminated unless required by the FAA, in which case strobes or blinking lights must be avoided to the maximum extent practicable.
10.
Shadows cast by the towers or blades must not fall upon any off-site area for more than 30 minutes in any 24-hour period.
11.
The noise produced by a wind energy facility during normal operation must not exceed 55 dBA at any lot line.
12.
The owner of a wind energy facility must take all reasonable steps to prevent or eliminate interference with transmission of communications signals (e.g., radio, television, telephone, etc.) resulting from the facility.
13.
If use of a wind energy facility is discontinued for a period of one year, the County will deem it abandoned and provide the owner a written notice of abandonment stating that the owner has 90 days from the date of receipt of the notice to either resume use of the facility or file a notice of termination with the County. The owner must remove the facility (including all towers, turbines, above-ground structures and equipment, outdoor storage, and hazardous materials) within 180 days after a notice of termination is filed. On removing an abandoned facility, the owner must restore the site of the facility to as good a condition as existed before construction or installation of the facility, unless otherwise instructed by the County.
E.
Wireless Communications Short Structure or Co-location.
1.
The review of applications for wireless communications short structures and co-locations will comply with Article 7.2, Chapter 22, Title 15.2 of the Code of Virginia.
2.
An antenna mounted on a building must comply with the standards in Sec. 24-4407, Accessory Antenna.
F.
Wireless Communications Tower, Freestanding.
1.
Height. A freestanding wireless communications tower is allowed by right up to the maximum height listed in Table 4314F below. A greater height may be approved by the Board of Supervisors in accordance with Sec. 24-2306, Provisional Use Permit.
Table 4314F: Maximum Tower Height
2.
Minimum Distance. A wireless communications tower must be located, as measured from the base of the tower, at least 50 feet from all property lines, provided, a distance greater than 50 feet may be required as a condition of approval of a site plan or provisional use permit, if the Planning Director or Board of Supervisors, as appropriate, determines that the greater distance is necessary due to icing potential or other circumstances adversely affecting the public health, safety, or welfare.
3.
Other Standards.
(a)
Unless otherwise required or allowed by another provision of this subsection, any wireless communications tower 200 feet or less in height must have a galvanized finish or be painted silver, light blue, or a color or combination of colors that serves to minimize the visual impact of the tower in relation to its surroundings.
(b)
A wireless communications tower must not be lighted or illuminated unless required by the Federal Aviation Administration (FAA), and all such lighting must be the minimum required by the FAA. Unless required by the FAA, strobe lights must not be used for lighting and lighting must be oriented so as not to project directly onto any surrounding property.
(c)
Signs must not be placed on a wireless communications tower unless otherwise required by state or federal law.
(d)
Landscaping on the site of a wireless communications tower must comply with Article 5, Division 3, Landscaping and Tree Protection.
(Ord. No. 1335, § 39, 11-12-2024)
A.
In the O-1, O-2, O-3, and O/S districts, any Commercial use that is allowed, other than a financial institution, artist studio, or use in the Offices use category, must be either:
1.
Located on the street level floor of a multi-story building; or
2.
Part of a unified development that is approved in accordance with Sec. 24-2314, Plan of Development, or Sec. 24-2315, Site Plan, that complies with the following standards:
(a)
The floor area used for Commercial uses that are not in the Offices use category must not exceed 30 percent of the floor area of the entire development; and
(b)
All Commercial uses that are not in the Offices use category must be connected to the overall development through the placement and orientation of buildings, the location and design of open space, and the vehicular and pedestrian circulation systems.
B.
In the R-5 District, any Commercial use that is allowed must be either:
1.
Located on the street level floor of a multi-story building; or
2.
Part of a unified development that is approved in accordance with Sec. 24-2314, Plan of Development, or Sec. 24-2315, Site Plan, that complies with the following standards:
(a)
The floor area used for Commercial uses must not exceed 20 percent of the floor area of the entire development; and
(b)
All commercial uses must be integrated into the development through the placement and orientation of buildings and the design of required open space; and
(c)
All commercial uses must be coordinated with the vehicular and pedestrian circulation systems of the development.
C.
In the R-6 District, Commercial uses are allowed within a master planned community in accordance with the following requirements:
1.
The master-planned community may not exceed ten acres in area.
2.
A provisional use permit must be approved for the master planned community in accordance with Sec. 24-2306, Provisional Use Permit. The provisional use permit application must include a master plan showing the location and mix of proposed residential and commercial uses, the location and height of all existing and proposed structures, public and private streets, parking spaces, pedestrian circulation, open space, the developer's architectural design requirements, landscaping, buffers, and site lighting. The master plan may establish the maximum allowed multifamily residential density and minimum setback requirements that apply in the master planned community in accordance with Sec. 24-3316.D, R-6 District Dimensional Standards. Subsequent approval of a provisional use permit is not required for the establishment of uses identified on the master plan of the approved provisional use permit.
3.
Commercial uses must occupy no less than 15 percent and no more than 35 percent of the floor area of the master planned community, except that a higher percentage may be permitted if specified on a master plan approved in accordance with subsection 2 above.
4.
Commercial uses are allowed only in the first or second story of a building exceeding two stories in height, except up to 35 percent of floor area occupied by commercial uses may be located in buildings without residential uses; however, a higher percentage is permitted if specified on a master plan approved in accordance with subsection 2 above.
5.
The master plan required by subsection 2 above, may include a parking study prepared by a licensed engineer showing the number of parking spaces required and proposed for the project. The parking study may consider the use of on-street parking and the use of shared parking under shared parking agreements. The number of parking spaces proposed in the study will apply in lieu of the parking requirements of Sec. 24-5110, Minimum Number of Off-Street Parking Spaces, if the provisional use permit is granted.
6.
The master plan required by subsection 2 above may show setbacks that do not meet the minimum setback requirements of Sec. 24-3316.D, R-6 District Dimensional Standards. Reduced setbacks shown on the master plan will apply in lieu of the minimum setback requirements of this chapter if the provisional use permit is granted.
7.
Each commercial use may have one attached sign not to exceed 15 square feet in area.
8.
Between the hours of 12:00 midnight and 6:00 am, any Commercial use other than a hotel or motel must not be open to the public and activity must not be conducted outside of an enclosed building unless expressly authorized by a provisional use permit issued in accordance with Sec. 24-2306, Provisional Use Permit.
D.
In the B-1 district, any single Commercial use must not occupy more than 10,000 square feet of floor area unless expressly authorized by a provisional use permit in accordance with Sec. 24-2306, Provisional Use Permit.
E.
In the B-1 and B-2 districts, between the hours of 12:00 midnight and 6:00 am, any Commercial use other than a hotel or motel must not be open to the public and activity must not be conducted outside of an enclosed building, unless expressly authorized by a provisional use permit issued in accordance with Sec. 24-2306, Provisional Use Permit.
(Ord. No. 1335, § 40, 11-12-2024; Ord. No. 1338, § 11, 2-11-2025)
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to adult uses.
A.
All adult uses must be located at least 500 feet from any Residential or Agricultural zoning district, and at least 500 feet from the property line of any land used for any of the following:
1.
A residence;
2.
A nursing home, assisted living facility, or similar institution;
3.
An adult day care center;
4.
A child care center;
5.
A school, college or university;
6.
A public park;
7.
A public library, museum or other cultural facility;
8.
A religious institution;
9.
A hotel, motel or boardinghouse; or
10.
Any other adult use.
B.
Adult merchandise must not be visible from any point outside the establishment.
C.
Signs or attention-getting devices for the use must not contain any words or graphics depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in Article 8, Division 5, General Definitions.
D.
The following restrictions on hours of operation apply to all adult uses other than adult motels. The use must not begin service to the public or any outside activity before 6:00 a.m. Hours of operation for any adult movie theater, adult nightclub, or other business providing adult entertainment must not extend after 2:00 a.m. Hours of operation for any adult bookstore, adult video store, adult model studio, adult store or any other adult business must not extend after 12:00 midnight.
E.
In any adult entertainment use other than an adult motel or adult movie theater, there must be no viewing of videotapes, computer disks, CD-ROMs, DVD-ROMs, virtual reality devices, Internet sites or files transmitted over the Internet, or similar media characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in Article 8, Division 5, General Definitions, while on the premises.
F.
Adult merchandise must be located in a separate room or other area inaccessible to persons under 18 years of age.
G.
All owners, managers, employees, and entertainers of adult businesses must be at least 18 years of age.
H.
The owner or operator of an adult business must install, operate, and maintain a security camera and video recording system designed by a security specialist. Surveillance cameras must continuously monitor all entrances, parking areas, and all areas of the establishment where the adult business is conducted, except for the sleeping rooms of an adult motel. Such cameras must provide clear imagery of the establishment's patrons and their vehicles. Video recordings of activities in the areas under surveillance must be preserved for a period of one month. Authorized representatives of the Henrico County Division of Police or the Henrico County Planning Department must have access to such recordings upon request.
I.
The owner or operator of an adult business must provide lighting sufficient for clear visual and security camera surveillance for all entrances, exits, and parking areas serving the adult use, and all areas of the establishment where the use is conducted, except for the private rooms of an adult motel or the movie viewing areas in an adult movie theater.
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to animal care uses.
A.
Those parts of structures in which animals are boarded must be fully enclosed and sufficiently insulated so no plainly audible noise or plainly noticeable odor can be detected off the premises.
B.
All boarded animals must be kept within a totally enclosed part of the structures between the hours of 10:00 p.m. and 8:00 a.m.
C.
Any outdoor exercise runs or pens must be located at least 200 feet from any Residential district and 75 feet from any lot line in any other district. A Transitional Buffer 50 must be provided between the run or pen and the property line.
D.
If the facility provides services to large animals such as cows, horses, swine, goats, and sheep, it must be located at least 400 feet from any Residential district, or any lot where the principal use is a dwelling.
E.
All work rooms, cages, pens, or similar areas where services are provided to animals must be located within a completely enclosed building that is soundproofed, maintained, and operated so as not to produce noise, odors, or vermin outside the building.
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to drive-through restaurants.
A.
A drive-through restaurant must be accessible from an arterial, major collector, or major access road without passing through a residential neighborhood.
B.
The driveway providing access to the drive-through must be at least 25 feet from any other driveway, measured from curb to curb.
C.
Vehicle stacking lanes must be provided.
D.
Traffic circulation patterns on the site in relation to the drive through must not impede vehicular movement external to the site or block access to any required parking spaces located on the site. The County Engineer may require the owner to provide standard traffic control signs to notify customers that stopping or standing in the public right of way is prohibited.
E.
Drive-through facilities must not obstruct the movement of pedestrians along sidewalks, through areas intended for public use, or between the building entrance and customer parking spaces.
F.
Drive-through facilities, including stacking lanes, must not be located within 50 feet of a Residential district or a lot containing a residential use.
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to offices as a principal use.
A.
Office Buildings in the B-1 Business District. In the B-1 Business District, an office building must not exceed 15,000 square feet of floor area unless a provisional use permit is issued for the building in accordance with Sec. 24-2306, Provisional Use Permit.
B.
Reserved.
(Ord. No. 1342, § 3, 6-10-2025)
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to parking as a principal use.
A.
Parking Lot. Parking must be the principal use of the parking lot. Parking spaces may be rented for parking but repair, servicing, washing, or display of vehicles is not allowed.
B.
Parking Structure.
1.
In the R-6, CMU, O-2, O-3, O/S, B-1, B-2, and B-3 Districts, if a parking structure is developed for office, retail, or residential use on its ground floor along 70 percent of two of its façades that face a street, a residential use, or a courtyard or other open space area, the structure may extend an additional 12 feet in height above the maximum allowed in the district.
2.
All parking structures must be provided with security cameras and call boxes to provide for the security of patrons.
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to indoor recreation and entertainment uses.
A.
Fitness Center. In the R-5, R-6, and B-1 districts, the gross floor area of a fitness center must not exceed 10,000 square feet.
B.
Shooting Range, Indoor. Any indoor shooting range must be located within a structure that is fully enclosed with steel plate and acoustical tiles, or other materials with comparable bullet-stopping and soundproofing capacities.
C.
Historical Horse Racing. Any establishment offering historical horse racing terminals must not be located within 2,000 feet of a school, park, playground, religious institution, or another gambling-related use.
(Ord. No. 1324, § 2, 6-25-2024)
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to outdoor recreation and entertainment uses.
A.
All Outdoor Recreation and Entertainment Uses.
1.
An outdoor recreation and entertainment use must have direct access to an arterial, major collector, or major access road without passing through a residential neighborhood.
2.
Access points to an outdoor recreation and entertainment use must be located to minimize traffic to and through local streets in Residential districts.
3.
The site of an outdoor recreation and entertainment use must be enclosed by fences eight feet in height as necessary to protect the public safety.
B.
Marina. In addition to the requirements of Sec. 24-4315, All Commercial Uses, and subsection A above, the following requirements apply to marinas.
1.
A marina must abut a navigable stream for at least 300 feet; and
2.
A marina must not be located within 400 feet of a Residential district or within 200 feet of any other lot where the principal use is a dwelling.
C.
Shooting Range, Outdoor. In addition to the requirements of Sec. 24-4315, All Commercial Uses, and subsection A above, the following requirements apply to outdoor shooting ranges.
1.
A shooting range must provide backstops that are at least 20 feet high behind all target lines, and supplemental baffles designed and arranged to contain all projectiles within the boundaries of the range and to reduce noise exiting the site.
2.
The owners, operators, tenants, or occupants of a shooting range must implement appropriate environmental management practices for containing, controlling, and removing lead from the range in accordance with the latest edition of "Best Management Practices for Lead at Outdoor Shooting Ranges" from the U.S. Environmental Protection Agency (EPA).
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to retail sales and service uses.
A.
Automated Teller Machine (as a principal use).
1.
An ATM designed for walk-up use and located in the exterior wall of a building or within a parking area must be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking areas and building entrances, or vehicular movement in front of buildings or through parking areas.
2.
An ATM designed for use by customers in their vehicles must comply with the following standards:
(a)
Vehicle stacking lanes must be provided.
(b)
Traffic circulation patterns on the site in relation to the ATM must not impede vehicular movement external to the site or block access to any required parking spaces located on the site. The County Engineer may require the owner to provide standard traffic control signs to notify customers that stopping or standing in the public right of way is prohibited.
(c)
Traffic for the ATM must not obstruct the movement of pedestrians along sidewalks, through areas intended for public use, or between the building entrance and customer parking spaces.
B.
Drive-through Ice Machine. A drive-through ice machine must comply with the following standards:
1.
The structure must be located at least 100 feet from any lot line or public right-of-way.
2.
The structure must be screened with landscaping on any side facing a public street or Residential district. Plantings must be at least 36 inches in height at the time of planting.
3.
Accessways within a parking area must be clearly designated.
4.
The drive-through must not obstruct pedestrian movement along sidewalks, public use areas, parking spaces, or building entrances.
5.
Vehicle stacking lanes must be provided.
6.
The roof or awning over any drive-through must match the design and exterior building materials of the principal building on the lot where the facility is located.
7.
All roof-top mechanical equipment must be screened.
C.
Farmers' Market.
1.
A farmers' market must be accessible from an arterial, collector, or major access road without passing through a residential neighborhood.
2.
Stalls, sales tables, and any other outdoor facilities related to a farmers' market must be located at least 25 feet from any abutting street.
3.
Items for sale must not be displayed or stored within customer walkways.
4.
The owner of the property must designate an operator of the farmers' market who must establish operating rules addressing the governance of the market, hours of operation, and maintenance and security requirements and responsibilities.
5.
During hours or operation, a farmers' market must have a manager on site authorized to direct the operations of all participating vendors during all hours of operation.
D.
Laundromat. In the CMU Community Mixed Use District, the gross floor area of a laundromat must not exceed 10,000 square feet.
E.
Repair Establishment. All repair and storage must be conducted within an enclosed building.
F.
Vaping Shops. A vaping shop must not be located within 1,000 feet of a school or within 2,000 feet of a religious institution, childcare center, public park, or an existing vaping shop.
(Ord. No. 1325, § 2, 7-9-2024; Ord. No. 1335, § 41, 11-12-2024)
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to vehicle sales and service uses.
A.
All Vehicle Repair Uses.
1.
A vehicle repair use must not be located within 100 feet of the property of an elementary or secondary school, public playground, religious institution, hospital, public library, or childcare center.
2.
The entrance to a vehicle repair use must not be located within 200 feet of the entrance to any elementary or secondary school, public playground, religious institution, hospital, public library, or childcare center on the same side of the street within the same block.
3.
All repair and maintenance of vehicles, including parts installation, must be performed within an enclosed building, and all vehicle parts and equipment must be stored within an enclosed building.
4.
In the B-1, B-2, B-3, and M-1 Districts, inoperable vehicles must not be parked or stored on the site except as follows.
(a)
Temporary on-site storage of vehicles awaiting repair, service, or removal must be on the side or rear of the principal structure and screened from view from any public right-of-way or any Conservation, Agricultural, Residential, or Office District by a building, or by an opaque fence or masonry wall, in accordance with Article 5, Division 4, Fences and Walls.
(b)
Such vehicles must not be stored or parked for more than 30 consecutive days, except that a vehicle may remain on site beyond the 30-day period if the lawful owner of the vehicle, the property owner, or the operator of the service has initiated, and is pursuing, a lawful process for removing the vehicle as soon as possible after the 30-day period.
B.
Automobile Filling Station (Fuel Only). In addition to the requirements of Sec. 24-4315, All Commercial Uses, and subsection A above, the following requirements apply to automobile filling stations.
1.
An automobile filling station may include a convenience store or drive-through restaurant, or both, in the same building.
2.
Outdoor speakers must not produce sound that is audible at lot property lines of an automobile filling station.
3.
All bulk storage of fuel for vehicles must be underground.
4.
Storage of wrecked or inoperable vehicles is prohibited at an automobile filling station.
5.
Storage of rental vehicles, trailers, campers, or similar equipment is prohibited at an automobile filling station.
6.
If automotive parts installation and minor servicing are offered as an accessory to an automobile filling station, such accessory use must be located in the same building as the automobile filling station and must not exceed two bays.
C.
Automobile Rentals. In addition to the requirements of Sec. 24-4315, All Commercial Uses, and subsection A above, the following requirements apply to automobile rentals.
1.
An automobile rental use must have no vehicle display pads.
2.
Vehicles, trailers, or other similar items for rent must not be displayed on the top of buildings.
3.
A parking space must be provided for each rental vehicle, in addition to the off-street parking spaces required in Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading.
4.
All rental vehicle service and maintenance areas, and parking of all trucks, vans, trailers, or recreational vehicles for rent, must either be screened in accordance with Sec. 24-5311, Screening, or be landscaped in accordance with Sec. 24-5312, Parking Lot Landscaping.
D.
Automobile Sales. In addition to the requirements of Sec. 24-4315, All Commercial Uses, and subsection A above, the following requirements apply to automobile sales.
1.
An automobile sales use must not have more than one vehicle display pad for every 100 feet of street frontage. The vehicle display pad must not be elevated more than two feet above adjacent parking or street grade level.
2.
All vehicles for sale must be parked in an approved, paved parking space or a vehicle display pad.
3.
A parking space must be provided for each vehicle for sale, in addition to the off-street parking spaces required in Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading.
4.
An automobile sales site must include an area for unloading new inventory, which must not impede vehicular movement external to the site or block access to any required parking spaces located on the site.
5.
Minor repair and service of vehicles are permitted as an accessory use to automobile sales provided they are conducted inside a completely enclosed building.
E.
Car Wash or Auto Detailing. In addition to the requirements of Sec. 24-4315, All Commercial Uses, and subsection A above, the following requirements apply to car washes.
1.
A car wash must comply with the standards in Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading, and must be designed to avoid obstructions to vehicular movement along adjacent streets, through parking areas, and in front of buildings. The County Engineer may require the owner to provide standard traffic control signs to notify customers that stopping or standing in the public right of way is prohibited.
2.
All car washing and auto detailing activity must occur within an enclosed building.
3.
Equipment for vacuuming vehicle interiors must:
(a)
Be screened from view from the right-of-way and from abutting properties;
(b)
Be located a minimum of 10 feet from abutting property; and
(c)
Not produce sound more than 55 dBA above ambient sound at any lot boundary line at the periphery of the site.
4.
In the CMU District, a car wash must be located within and have access only through a parking garage or parking deck and must be entirely screened from view from any sidewalks and adjacent streets.
F.
Commercial Vehicle Sales, Rental, and Storage. In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to commercial vehicle sales, rentals, and storage.
1.
The layout, paving, and striping of a commercial vehicle sales, rental, or storage lot must be designed to accommodate the vehicles sold, rented, or stored there.
2.
A commercial vehicle sales, rental, or storage lot must be located on the side or rear of the principal building and must be screened in accordance with Sec. 24-5311, Screening.
3.
Commercial vehicles must not be stored within 100 feet of a Residential District.
4.
All maintenance, repair, and service must be conducted in a completely enclosed building.
5.
Vehicles must not be occupied overnight.
G.
Towing or Wrecker Service. In addition to the requirements of Sec. 24-4315, All Commercial Uses, and subsection A above, the following requirements apply to towing and wrecker services.
1.
In the B-3 Districts, only the dispatch office and parking of a wrecker is allowed. Impound yards for operable vehicles may be located in M-1 Districts. All other vehicle storage areas must be located in M-2 or M-3 Districts.
2.
Impound yards and vehicle storage areas must be located outside of all required minimum yards.
3.
Impound yards and vehicle storage areas must be screened from view from any public right-of-way and from adjoining lands in accordance with Sec. 24-5311, Screening.
H.
Fleet Terminal. In addition to the requirements of Sec. 24-4315, All Commercial Uses, vehicles that are part of a fleet must be stored in a designated parking area that is either screened in accordance with Sec. 24-5311, Screening, or landscaped in accordance with Sec. 24-5312, Parking Lot Landscaping. If the designated parking area is adjacent to a Conservation, Agricultural, or Residential District, it must be screened from view by a fence or wall that meets the standards of Article 5, Division 4, Fences and Walls, which may be applied toward the requirements of a Transitional Buffer (see Sec. 24-5310, Transitional Buffers).
In addition to the requirements of Sec. 24-4315, All Commercial Uses, the following requirements apply to visitor accommodations uses.
A.
Bed and breakfast inn.
1.
The owner or a full-time employee of the bed and breakfast inn must reside on the premises.
2.
No guest may rent a room at a bed and breakfast inn for more than 14 consecutive days.
3.
Parking areas must be located and designed to complement the residential character of the bed and breakfast inn and to minimize potential impacts on adjacent properties.
4.
The bed and breakfast inn must contain at least one full bathroom for the exclusive use of paying guests and one full bathroom for the exclusive use of the owner or employee that resides on the premises.
B.
Campground.
1.
Only tents, trailers, recreational vehicles, and other enclosures customarily developed, marketed, and used by the camping trade for use as temporary living quarters are allowed.
2.
A campground must have a minimum area of ten acres.
3.
A campground must have access from an arterial, collector, or major access road without passing through residential neighborhoods.
4.
Each campsite must be served by a dust-free, all-weather drive that has a minimum width of 12 feet for one-way travel or 20 feet for two-way travel.
5.
Each recreational vehicle, trailer, tent, or other enclosure must be located within a designated campsite that has a minimum width of 30 feet and a minimum area of 1,600 square feet.
6.
Campsites must not be rented or occupied for periods longer than 30 consecutive days. Vehicles, trailers, or structures must not remain on a campsite for more than 30 consecutive days.
7.
Retail and service uses customarily incidental to a campsite must be oriented internally to the campground, and must not have direct access onto, or signs visible from, any public street.
C.
Hotel or Motel.
1.
A room or suite in a hotel or motel must not be occupied as a person's primary residence.
2.
In the O-3 Office District and O/S Office Service District, a hotel is allowed only within an office development of 50 acres or more. The hotel buildings and accessory uses must not be located within 300 feet of a Residential District.
A.
Office District Standards. In the O-2, O-3, and O/S Districts, any Industrial use that is allowed must:
1.
Be conducted entirely within a completely enclosed building that has at least 40 percent of its gross floor area occupied by uses in the Offices use category, except for parking areas, loading and unloading facilities; and
2.
Not create any hazardous, objectionable, or offensive conditions on neighboring lands because of odor, heat, glare, dust, smoke, noise, vibration, wastes, fire, or explosion.
B.
Business and Light Industrial District Standards. In the B-1, B-2, B-3, and M-1 Districts, any Industrial use must:
1.
Be conducted entirely within a completely enclosed building, except for parking areas, loading and unloading facilities, and outdoor storage as an accessory use (see Sec. 24-4424); and
2.
Not create any hazardous, objectionable, or offensive conditions on neighboring lands because of odor, heat, glare, dust, smoke, noise, vibration, wastes, fire, or explosion.
In addition to the requirements of Sec. 24-4326, Industrial Uses Generally, the following requirements apply to extractive industries.
A.
Extractive Industry Uses: Location.
1.
Excavation areas must be located at least:
(a)
100 feet from any lot boundary line other than a public right-of-way;
(b)
200 feet from any public right-of-way; and
(c)
400 feet from any Residential district.
2.
Any building containing power-driven or power-producing machinery or equipment must be located at least 600 feet from all adjoining property that is in a district other than an Industrial district, and from the right-of-way of any public street.
3.
Vehicular access to an extraction operation must be provided from an arterial, major collector, or major access road without passing through a residential area.
B.
Extractive Industry Uses: Operation.
1.
All roadways internal to an extraction operation and entrances from and exits onto public streets must be located to ensure public safety, lessen congestion, and facilitate transportation, and be maintained to eliminate any nuisance from dust to neighboring properties.
2.
Upon the expiration of the conditional use permit for an extraction operation, or if operations on the site have ceased for 12 consecutive months, all plants, buildings, structures (except fences), stockpiles, and equipment must be entirely removed from the premises, and the premises must be restored in accordance with the approved reclamation plan.
3.
A financial guarantee must be furnished prior to land disturbance guaranteeing the faithful performance of all applicable requirements in this Ordinance and reclamation of the property when the extraction operation is concluded.
In addition to the requirements of Sec. 24-4326, Industrial Uses Generally, the following requirements apply to industrial service uses.
A.
Contractor Services.
1.
Outdoor storage of contractor materials and equipment is prohibited in the B-2 and B-3 districts. Areas used for outdoor storage of materials and equipment must be screened from view from the right-of-way in the M-1 and M-2 districts.
2.
In the B-2, B-3, and M-1 districts, all contractor services conducted on the site must be conducted within a completely enclosed building.
3.
All contractor fleet or service vehicles must be stored in a designated parking area that is either screened in accordance with Sec. 24-5311, Screening, or landscaped in accordance with Sec. 24-5312, Parking Lot Landscaping. If the designated parking area is adjacent to a Conservation, Agricultural, or Residential District, it must be screened from view by a fence or wall that meets the standards of Article 5, Division 4, Fences and Walls, which may be applied toward the requirements of a Transitional Buffer (see Sec. 24-5310, Transitional Buffers).
B.
Data Centers.
1.
All equipment necessary for operating the data center must be contained within an enclosed building or screened by opaque walls to minimize transmission of sound. This includes equipment for cooling and ventilating, as well as emergency power generators and other emergency power supply equipment.
2.
Generators for a data center must not be operated other than during emergency power outages and for testing and maintenance. Testing and maintenance of generators for a data center must be conducted only Monday-Friday between 10:00 am and 4:00 pm.
3.
A data center must be served by public water and sewer. Any water cooling must use a closed-loop or recycled water system unless another cooling system is approved for the data center as part of a provisional use permit.
C.
Heavy Equipment Sales, Rental, and Service. Ground testing of aircraft must not be conducted within 1,200 feet of any Residential district or any lot where the principal use is a dwelling.
D.
Laundry, Dry Cleaning, and Carpet Cleaning Plants.
1.
All laundry, dry cleaning, and carpet cleaning operations must be conducted within an enclosed building.
2.
In the B-3, M-1, and M-2 districts, a laundry, dry cleaning, or carpet cleaning plant must use nonflammable liquids in the cleaning processes.
E.
Research and Development Facility.
1.
In all districts except the M-3 District, all research and development operations must be conducted within a completely enclosed building.
2.
In all districts except the M-3 District, chemicals that would be hazardous to humans must be contained completely within enclosed buildings.
(Ord. No. 1342, § 4, 6-10-2025)
In addition to the requirements of Sec. 24-4326, Industrial Uses Generally, the following requirements apply to manufacturing and production uses.
A.
Manufacturing, Heavy.
1.
All heavy manufacturing uses must have a hazard management plan approved by local emergency service agencies and, at their discretion or in accordance with the requirements of the U.S. Federal Emergency Management, by appropriate state and federal agencies.
2.
The production of fissionable or other nuclear materials, or the production of radium or radioactive materials is allowed subject to approval of a Provisional Use Permit in accordance with Sec. 24-2306, Provisional Use Permit.
3.
Heavy manufacturing must not be conducted within 600 feet of any Residential district.
B.
Manufacturing, Light.
1.
All light manufacturing activities must be conducted within an enclosed building.
2.
In the M-1 District, a brewery must not produce more than 15,000 barrels of beer per calendar year.
In addition to the requirements of Sec. 24-4326, Industrial Uses Generally, the following requirements apply to warehouse and freight management uses.
A.
All Warehouse and Freight Management Uses. Unless a more restrictive standard is provided below, all warehouse and freight management uses must be accessible from an arterial, major collector, or major access road without passing through a residential neighborhood.
B.
Mini-warehouse.
1.
Each travel way that provides direct vehicular access to mini-warehouse storage spaces must include a parking lane having a minimum width of ten feet.
2.
All travel ways, including parking lanes, must be located a minimum of 15 feet from the perimeter of the mini-warehouse site.
3.
The one- or two-way traffic flow patterns in travel ways and the location of parking lanes must be designated by painted lane markings, including arrows for travel lanes, and directional signs.
4.
Doors serving mini-warehouse storage bays must not face public streets.
5.
A mini-warehouse site must include a Transitional Buffer 35 (or greater if required by Table 5310A) along any property line that abuts any use other than an Industrial use.
6.
All mini-warehouse storage must occur within a completely enclosed building, except storage of boats and recreational vehicles, which must be screened from view by an opaque wall or fence.
7.
Mini-warehouse rental spaces must not be used for any purpose other than storage. Sales of goods and services, manufacturing, and other non-storage uses are prohibited, except for sales of storage-related items, such as boxes and packing tape.
8.
Mini-warehouse rent or lease agreements must state that hazardous materials, including flammable liquids, are prohibited within rental spaces.
9.
Mini-warehouse service to the public and outdoor activities are not allowed between the hours of 10:00 p.m. and 6:00 a.m.
10.
Accessory uses to a mini-warehouse may include rental offices, outdoor storage of boats and recreational vehicles, incidental sales or rental of moving supplies and equipment, and living quarters for a resident manager or security guard. Outdoor storage of boats and recreational vehicles is allowed only in designated areas, which must not be in any front or side yard and must meet all required setbacks.
C.
Outdoor Storage (as a Principal Use).
1.
Any area used for outdoor storage must be screened from view from any public right-of-way and adjoining property in accordance with Sec. 24-5311, Screening. Materials and equipment must not be piled or stacked to a height that exceeds the height of the screening fence or wall.
2.
Any repair of equipment must be conducted within an enclosed building.
3.
An outdoor storage site must be designed and maintained to allow customers and vehicles to circulate through the area used for outdoor storage.
D.
Self-Service Storage Facility. In the B-2 and B-3 districts, self-service storage facilities must comply with the following standards:
1.
Access to all self-service storage rental spaces must be from the interior of a building. A maximum of four exterior loading doors are allowed. All areas used for loading and unloading must be designed to not impede vehicular movement or block access to required parking spaces.
2.
All self-service storage on the property must be within an enclosed building, except for outdoor locations approved for storage of passenger automobiles, recreational vehicles, or boats, which must be screened from view by an opaque wall or fence.
3.
Self-service rental spaces must not be used for any purpose other than storage. Sales of goods and services, manufacturing, and other non-storage uses are prohibited, except for sales of storage-related items, such as boxes and packing tape.
4.
Hazardous goods, including flammable liquids, are prohibited within self-service rental spaces.
5.
Service to the public and outdoor activities on the premises of a self-service storage facility are not allowed between the hours of 10:00 p.m. and 6:00 a.m.
6.
Accessory uses to a self-service storage facility may include rental offices, incidental sales or rental of moving supplies and equipment, and living quarters for a resident manager or security guard.
7.
Truck or trailer rental is not allowed at a self-service storage facility except that up to two trucks may be offered to storage rental customers as an accessory use.
E.
Truck or Freight Terminal, Warehouse (Distribution), or Warehouse (Storage).
1.
A freight terminal must not be located within 500 feet of any residential district, school, or childcare center.
2.
All storage areas must be located outside all required setbacks and buffers and to the rear of the principal structure of the freight terminal or warehouse, and must be screened from view in accordance with Sec. 24-5311, Screening.
3.
A freight terminal or warehouse site must be designed to accommodate stacking, circulation, and turning movements of freight vehicles in a manner that does not impede vehicular movement or block access to any required parking spaces.
4.
A freight terminal or warehouse that exceeds 400,000 square feet of floor area must have access to an arterial or major access road without passing through a residential neighborhood.
5.
Bulk storage of flammable liquids as a principal use is allowed only in the Industrial Districts, subject to the setbacks and limitations below.
(a)
In the M-1 District, bulk storage of flammable liquids must be underground, must be located a minimum of 200 feet from all Residential districts, and must not exceed 30,000 gallons.
(b)
In the M-2 District, bulk storage of flammable liquids that does not meet the limitations of subsection 1 must be located a minimum of 600 feet from all Residential districts and must not exceed 80,000 gallons.
(c)
In the M-3 District, bulk storage of flammable liquids that does not meet the limitations of subsection 1 must be located a minimum of 600 feet from all districts other than Industrial districts.
(Ord. No. 1335, § 42, 11-12-2024)
In addition to the requirements of Sec. 24-4326, Industrial Uses Generally, the following requirements apply to waste-related industrial uses.
A.
Landfill; Construction, Demolition, and Debris.
1.
A construction, demolition, and debris ("CDD") landfill must have access to an arterial, major collector, or major access road without passing through a residential neighborhood.
2.
A CDD landfill must be set back at least 300 feet from any existing residential use, school, or childcare center, and must provide a Transitional Buffer 50 around its perimeter.
3.
Access to a CDD landfill must be controlled by a fence, wall, gate, or other suitable device to prevent unregulated dumping.
4.
Materials other than construction and demolition debris must not be deposited in a CDD landfill, including as fill or cover.
5.
A CDD landfill must be operated and maintained in a manner that prevents dust from adversely impacting adjacent properties.
6.
Filling associated with a CDD landfill must not take place within any flood hazard area, drainage ways, or utility easements.
B.
Landfill, Sanitary.
1.
The minimum site area for a sanitary landfill is 50 acres.
2.
A sanitary landfill must have access to an arterial, major collector, or major access road without passing through a residential neighborhood.
C.
Recycling Collection Center. All recyclable materials must be stored in a fully enclosed building, or in closed containers completely enclosed by an opaque wall or fence that complies with the dimensional standards for a principal building, such that neither the recyclable materials nor the containers in which they are stored are visible from any public right-of-way or adjacent lots.
D.
Recycling Processing Center.
1.
The center must be located at least 250 feet from any Residential district or any lot on which the principal use is a dwelling.
2.
Recyclable materials must not be processed or stored within 50 feet of a property line.
3.
All recyclable materials must be stored in a fully enclosed building, or in tractor trailers, shipping containers, or similar enclosures. Storage enclosures other than buildings must be screened by an opaque wall or fence that complies with the dimensional standards for a principal building, such that neither the recyclable materials nor the enclosures are visible from any public right-of-way or adjacent lots.
4.
There must be no collection or storage of hazardous or biodegradable materials at a recycling processing center.
E.
Salvage and Junkyard. A salvage and junkyard must:
1.
Not be located within 500 feet of a public right-of-way;
2.
Be completely screened from view from all public rights-of-way and adjoining lands in accordance with Sec. 24-5311, Screening.
3.
Not involve storage in excess of six feet in height;
4.
Not involve collection or storage of any material containing, or contaminated with, dangerous explosives, chemicals, gases, or radioactive substances; and
5.
Be operated and maintained in such a manner as not to allow the breeding of rats, flies, mosquitoes or other disease-carrying animals and insects.
F.
Solid Waste Transfer Station.
1.
A solid waste transfer station must not be located within 250 feet of any Residential district or any lot on which the principal use is a dwelling.
2.
A solid waste transfer station must have access to an arterial or major access road without passing through a residential area.
3.
Hours of operation for a solid waste transfer station must occur only between 7:00 a.m. and 6:00 p.m.
4.
All handling of solid waste at a transfer station must be conducted within a completely enclosed building with an impervious floor.
A.
Purpose and Intent. The purpose of this division is to authorize accessory uses and structures, which are land uses and structures that are customary, incidental, and subordinate to principal uses. This division is intended to allow a broad range of accessory uses and structures, so long as they are located on the same site as the principal use and comply with the standards set forth in this division to mitigate potentially adverse impacts on surrounding lands.
B.
Organization of this Division. The table in Sec. 24-4402.E, Accessory Use or Structure Table, identifies the zoning districts in which specific accessory uses and structures are allowed. Sec. 24-4403, General Standards for All Accessory Uses and Structures, sets out general standards applicable to all accessory uses and structures. Sec. 24-4405, Standards for Specific Accessory Uses and Structures, sets out specific standards applicable to particular accessory uses and structures.
A.
Organization of Accessory Uses and Structures. The Accessory Use or Structure Table in this subsection lists accessory uses and structures alphabetically.
B.
Abbreviations in Accessory Use or Structure Table Cells. The abbreviations in this section apply to Table 4402: Accessory Use or Structure Table. Each cell is located at the intersection of a row and a column, which are referenced in each subsection below.
1.
Permitted Uses. "R" in a table cell indicates that the accessory use or structure in that row is allowed by right in the zoning district at the head of that column, subject to any specific standards for the use or structure that are referenced in the right-most column. Permitted accessory uses and structures are subject to all other applicable regulations of this Ordinance, including those set forth in Sec. 24-4403, General Standards for All Accessory Uses and Structures, Sec. 24-4405: Standards for Specific Accessory Uses and Structures, Article 3: Zoning Districts, and Article 5: Development Standards.
2.
Conditional Uses. "C" in a table cell indicates that the accessory use or structure in that row is allowed in the zoning district at the head of that column only upon approval of a Conditional Use Permit by the Board of Zoning Appeals in accordance with Sec. 24-2308, Conditional Use Permit. The accessory use is also subject to any standards in Sec. 24-4405: Standards for Specific Accessory Uses and Structures, for the use or structure that are referenced in the right-most column. Accessory uses and structures requiring a Conditional Use Permit are subject to all other applicable regulations of this Ordinance, including those set forth in Sec. 24-4403, General Standards for All Accessory Uses and Structures, Article 3: Zoning Districts, and Article 5: Development Standards.
3.
Provisional Uses. "P" in a table cell indicates that the accessory use or structure in that row is allowed in the zoning district at the head of that column only upon approval of a Provisional Use Permit by the Board of Supervisors in accordance with Sec. 24-2306, Provisional Use Permit, and subject to any specific standards for the use or structure that are referenced in the right-most column and set out as Sec. 24-4405: Standards for Specific Accessory Uses and Structures. Accessory uses and structures requiring a Provisional Use Permit are subject to all other applicable regulations of this Ordinance, including those set forth in Sec. 24-4403, General Standards for All Accessory Uses and Structures, Article 3: Zoning Districts, and Article 5: Development Standards.
4.
Allowed Uses. "A" in a table cell in a planned development district column indicates that the accessory use or structure in that row is allowed in that district provided the use is set out as a possible accessory use or structure in an approved PD Master Plan. Allowed accessory uses and structures are subject to the PD Master Plan, PD Terms and Conditions Document, and the other applicable regulations in this Ordinance, including those set forth in this section and Article 3, Division 5, Planned Development Districts.
5.
Prohibited Uses. "—" in a table cell indicates that the accessory use or structure in that row is prohibited in the zoning district at the head of that column.
C.
Standards for Specific Accessory Uses and Structures. A particular accessory use or structure that is allowed in a zoning district may be subject to additional standards that are specific to that use or structure. The applicability of such specific standards is noted in the right-most column of Table 4402: Accessory Use or Structure Table, through a reference to standards Sec. 24-4405, Standards for Specific Accessory Uses and Structures.
D.
Unlisted Uses. The Planning Director is authorized to evaluate potential accessory uses or structures that are not identified in Table 4402: Accessory Use or Structure Table, on a case-by-case basis, as an Interpretation (see Sec. 24-2317, Interpretation). In making the interpretation, the Planning Director must consider the following:
1.
Accessory uses identified in Article 8, Division 4, Use Definitions and Interpretation.
2.
The definition of "accessory use" (see Article 8, Division 5, General Definitions), and the general accessory use standards established in Sec. 24-4403, General Standards for All Accessory Uses and Structures;
3.
Whether the proposed use is customary (established by common use) in relation to the principal use, and whether the proposed use would be incidental (secondary and subordinate in character and impact) to the principal use;
4.
The additional regulations for specific accessory uses established in Sec. 24-4405, Standards for Specific Accessory Uses and Structures;
5.
The purpose and intent of the zoning district in which the accessory use or structure is located (see Article 3: Zoning Districts);
6.
Any potential adverse impacts the accessory use or structure may have on other lands in the area, compared with other accessory uses permitted in the zoning district; and
7.
The compatibility of the accessory use or structure with other principal and accessory uses permitted in the zoning district.
E.
Accessory Use or Structure Table. Accessory uses and structures are allowed in each of the zoning districts in accordance with Table 4402: Accessory Use or Structure Table.
(Ord. No. 1338, § 12, 2-11-2025; Ord. No. 1342, § 5, 6-10-2025)
A.
All accessory uses and structures must conform to the applicable requirements of this Ordinance, including the standards for the zoning district in which they are located (see Article 3: Zoning Districts), the use regulations in this article, and the development standards in Article 5: Development Standards. The provisions of this section establish additional standards and restrictions for accessory uses and structures.
B.
All accessory uses and accessory structures must:
1.
Directly serve the principal use or structure;
2.
Be customarily accessory and incidental to the principal use and structure;
3.
Be subordinate in area, height, extent, and purpose to the principal use or structure;
4.
Be subordinate in lot coverage to the principal use or structure if accessory to a single-family dwelling;
5.
Be owned or operated by the same person as the principal use or structure;
6.
Be located on the same lot as the principal use or structure;
7.
Together with the principal use or structure, not violate any standards of this Ordinance; and
8.
Not be constructed or established prior to the time the principal use or structure is constructed or established.
C.
Except as otherwise provided by subsection Sec. 24-4404.A below; Sec. 24-8308, Allowable Encroachments into Required Yards; or another provision of this Ordinance, accessory uses and structures must comply with all minimum yard requirements for principal structures in Article 3: Zoning Districts.
A.
Accessory uses and structures that are accessory to and not attached to a single-family detached or single-family attached dwelling, manufactured home dwelling, duplex dwelling, or townhouse must comply with the following standards (see also Sec. 24-4424.B, Accessory Outdoor Storage):
1.
Accessory structures must not be located in any front yard, street side yard, or interior side yard unless a conditional use permit is issued for the accessory structure in accordance with Sec. 24-2308, Conditional Use Permit. This standard will be applied at the time of construction of the accessory structure. Subsequent expansion of the principal dwelling toward the rear of the lot is permitted even if this requirement will not be maintained.
2.
Accessory uses that do not include structures may occupy all or part of a rear yard or interior side yard.
3.
All detached accessory structures on a lot may not occupy, in the aggregate, more than 30 percent of the rear yard area of the lot unless a conditional use permit is issued for the accessory structures in accordance with Sec. 24-2308, Conditional Use Permit.
4.
The limitations of subsections 1 and 3 above do not apply to structures at or below grade, such as underground pipes, driveways, or patios, but do apply to the following:
(a)
Any fully or partially roofed detached accessory building, such as a garage, shed, gazebo, or other similar structure, including any horizontal projections of the building; and
(b)
Accessory structures such as permanent play equipment, sports courts fully or partially enclosed by fencing, swimming pools and their associated decking, and similar structures.
(c)
The lot coverage of accessory structures will be measured around the perimeter of the outermost horizontal extensions of the structure.
5.
An accessory structure must not exceed 20 feet in height.
6.
Subject to subsections 7, 8, and 9 below, accessory structures must be located:
(a)
Outside of any County easements, except as allowed by subsection 8 below;
(b)
Ten feet from the principal dwelling, including attached accessory structures other than decks;
(c)
Six feet from all structures other than the principal dwelling;
(d)
Ten feet from all street and alley lines; and
(e)
Three feet from all other lot lines, except that a swimming pool must be located at least ten feet from all lot lines (measured to the interior pool wall).
(f)
A hot tub or similar fixture located on a deck attached to a dwelling must meet the same requirements as the deck itself. The deck of a swimming pool may be contiguous with a deck attached to a dwelling provided the interior wall of the pool is at least ten feet from the dwelling.
7.
Where the rear yard of a single-family residential corner lot adjoins the side of a neighboring single-family residential lot (either abutting or across an alley or common area less than 30 feet wide), and an adjoining dwelling either has been built or could be built within 100 feet of the rear lot line of the subject lot, any detached accessory structure on the subject lot must be set back from the street side lot line no less than the required front yard setback or the actual building line of the adjoining residential lot, whichever is less. The Planning Director may reduce the setback to 25 feet upon finding that the proposed accessory structure will not be detrimental to nearby dwellings due to the location or configuration of the dwellings or landscaping or similar features of the property.
8.
An accessory structure that is not designed or used for human occupancy may be located within a drainage and utility easement in the special flood hazard area if it will not interfere with the construction, operation or maintenance of any existing or planned facility in the special flood hazard area as determined by the director of the department responsible for the facility. Where a dwelling lot lies partly in a Residential zoning district and partly in a C-1 Conservation District, buildings, structures and uses accessory to the dwelling may be located in the C-1 district subject to the requirements of this subsection.
9.
On double frontage lots, accessory structures must meet the front yard setback at the rear of the principal dwelling unless a planting strip easement is provided in accordance with Chapter 19 of the County Code. If the front yard of a single-family dwelling adjoins either side of the rear yard of the subject lot, accessory structures may be located no closer to the right-of-way than the rear plane of the adjacent dwellings.
B.
For purposes of subsection A above, a deck, awning, trellis, or similar structure is considered attached to a principal structure if it is located within one foot of the principal structure.
C.
A private garage or other accessory structure may be attached to the principal dwelling if the accessory structure is (1) made integral with the principal dwelling, or (2) attached to the principal dwelling by a covered passageway not less than ten feet wide. An attached accessory structure must meet the setbacks required for the principal dwelling, must be at least 10 feet from any detached accessory structure, and must not exceed the height of the principal dwelling (except for accessory antennas).
D.
Accessory to a single-family detached dwelling, single-family attached dwelling, manufactured home dwelling, or duplex dwelling, but not a townhouse dwelling, noncommercial trailers, boats, and recreational vehicles may be stored in completely enclosed buildings, or may be stored outside as follows (see also Sec. 24-4425, Accessory Parking of Trucks and Commercial Vehicles (as accessory to a dwelling)):
1.
A total of no more than two of the following items may be stored outside on any residential lot: recreational vehicles, boats on trailers, or noncommercial trailers such as utility trailers.
2.
Trailers, including boat, cargo, travel, or utility trailers, must not be stored in the front yard, street side yard, or any public right-of-way.
3.
Self-propelled recreational vehicles must not be parked in any public right-of-way.
4.
Any recreational vehicle or travel trailer on a residential lot must not be occupied and must not be connected to any utility service or to the ground or other structure in any manner that would prevent its ready removal.
5.
Any boat stored outside on a residential lot must be stored on a trailer at all times.
(Ord. No. 1335, § 43, 11-12-2024)
The standards set forth in the following sections for a specific accessory use or structure will apply to the particular accessory use or structure, regardless of the zoning district in which it is located or the review procedure by which it is approved, and in addition to the standards in Sec. 24-4403, General Standards for All Accessory Uses and Structures, and Sec. 24-4404, Uses and Structures Accessory to Certain Dwelling, as appropriate, unless explicitly stated otherwise in this Ordinance. The following sections are intended to set forth and consolidate the standards for all accessory uses and structures for which a reference to these sections is provided in the right-most column of Table 4402: Accessory Use or Structure Table.
A.
An accessory dwelling unit is allowed only as accessory to a single-family detached dwelling, and only if the lot and all principal and accessory structures on the lot comply with the dimensional standards for the zoning district in which they are located.
B.
There must be no more than one accessory dwelling unit on a lot.
C.
An accessory dwelling unit may be within or attached to the principal dwelling (e.g., a downstairs or upstairs apartment) or exist within or as a detached building (e.g., an apartment above a detached garage). If it is detached from the principal structure, the accessory dwelling unit must be separated from the principal structure by a distance of at least ten feet.
D.
An accessory dwelling unit must:
1.
Have the same street address and mailbox as the principal dwelling;
2.
Not be subdivided or otherwise segregated in ownership from the principal dwelling;
3.
Use the same water, sanitary sewer, gas, and electric utilities as the principal dwelling; and
4.
Use the same driveway as the principal dwelling, unless it is accessed from a right-of-way not used by the principal dwelling (e.g., a rear alley or separate street access on a corner or through lot).
E.
The floor area of an accessory dwelling unit must not exceed the lesser of 800 square feet or 35 percent of the finished floor area of the principal dwelling (excluding carports, garages, and unfinished basements).
F.
Only one kitchen is allowed in an accessory dwelling unit.
G.
At least one off-street parking space must be provided in addition to those required for the principal dwelling.
H.
A manufactured home or recreational vehicle, travel trailer, camper, or similar vehicle must not be used as an accessory dwelling unit (a temporary family healthcare home is regulated as a temporary use in accordance with Article 4, Division 5, Temporary Uses and Structures).
I.
An accessory dwelling unit must not be offered, leased, or rented for tenancies of less than 30 days.
A.
An antenna placed on a building as an accessory use, other than an amateur (ham) radio antenna, a satellite dish antenna, or a receive-only television or radio antenna placed on a building for use only by the occupants of the building, must comply with the following standards:
1.
When applying for a building permit, the applicant must demonstrate that the building upon which the antenna is proposed to be placed can accept the additional structural loading created by the placement of the antenna.
2.
An antenna that is placed on a building must comply with the following standards, unless a conditional use permit is approved for an alternative design in accordance with Sec. 24-2308, Conditional Use Permit:
(a)
The antenna must not be placed on any residential building that is less than 45 feet tall.
(b)
The total area devoted to placement of communication antennas and permitted roof-mounted mechanical equipment must not exceed 25 percent of the roof area of the building or structure.
(c)
The antenna must not extend more than 20 feet above the highest point of the building.
(d)
More than one antenna may be placed on a building, provided the antennas are either screened from view from the right-of-way or painted or otherwise camouflaged to minimize their appearance.
B.
Any satellite dish antenna more than 18 inches in diameter must comply with the following standards:
1.
A satellite dish antenna located on property within the exclusive use or control of the antenna user and designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, is subject to the standards in this subsection only to the extent that the standards do not unreasonably delay, prevent, or increase the cost of its installation, maintenance, or use or preclude reception of an acceptable quality signal.
2.
Antennas must not be located in a front or street side yard, or within three feet of any rear or side lot line. On through lots and corner lots, antennas must not be located between the principal building and a public street.
3.
Antennas must not exceed 12 feet in diameter
4.
Antennas must not exceed 13.5 feet in height above the eaves of the roof or 35 feet above the ground.
5.
A ground-mounted antenna must be screened from ground-level view from adjacent streets and parcels with approved fencing or landscaping.
6.
The antenna must be installed in accordance with all FCC, building code, and manufacturer specifications, rules, and requirements.
C.
An amateur (ham) radio antenna must comply with the following standards:
1.
The antenna must not exceed a height of 75 feet above grade.
2.
An antenna attached to a principal structure on the lot must be located on a side or rear elevation of the structure.
3.
A freestanding antenna must not be located in a front or street side yard or within 10 feet of any lot line.
4.
The Planning Director must approve a waiver or deviation of the above standards if the ham radio operator demonstrates that such waiver or deviation is necessary to accommodate the operator's amateur communications needs.
An automated teller machine (ATM) as an accessory use must comply with the standards in this section.
A.
An ATM designed for walk-up use and located in the exterior wall of a building or within a parking area must be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking areas and building entrances, or vehicular movement in front of buildings or through parking areas.
B.
An ATM designed for use by customers in their vehicles must comply with the accessory use standards (including zoning district where allowed) for a drive-through facility in this Ordinance (see Sec. 24-4415, Accessory Drive-Through Facility).
C.
The roof or awning over any drive-through for an ATM, including any supporting columns and brackets, must match the design and exterior building materials of the principal building.
A.
An automatic car wash is allowed as an accessory use to any of the following uses:
1.
Automobile fueling station;
2.
Convenience store;
3.
Automobile rentals; and
4.
Automobile sales.
B.
An automatic car wash must comply with the standards in Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading, and must be designed to avoid obstructions to vehicular movement along adjacent streets, through parking areas, and in front of buildings.
C.
All washing activity must occur within an enclosed building.
D.
Equipment for vacuuming vehicle interiors must:
1.
Be screened from view from the right-of-way and from abutting property;
2.
Be located a minimum of 10 feet from abutting property; and
3.
Not produce sound more than 55 dBA above ambient sound at any lot boundary line at the periphery of the site.
E.
An automatic car wash must comply with the standards applicable to the principal use.
F.
In the B-2 District, up to one automatic car wash bay is allowed, provided the total number of bays, including car wash, parts installation, and minor servicing bays, must not exceed two.
No more than one caretaker dwelling unit may be located in any building or shopping center.
A.
A childcare center is allowed as an accessory use to a religious institution.
B.
A childcare center as an accessory use must comply with all standards in Sec. 24-4308.A, Childcare Center.
C.
In any Residential district, a childcare center as an accessory use must not be operated between the hours of 12:00 midnight and 6:00 a.m.
A community garden as an accessory use must comply with the standards in this section (see Sec. 24-4312.B, Community Garden, for standards that apply to a community garden as a principal use).
A.
Community gardens must only be located on lots having a minimum area of two acres within any Residential district and one acre within any other district.
B.
Community gardens may include up to 1,500 total square feet of floor area combined among greenhouses, storage buildings, or other related structures.
C.
Equipment or materials must be stored within an enclosed structure or within a fully-screened enclosure.
D.
Retail sales and display must not be located within 300 feet of any dwelling.
E.
Temporary shade structures must not cover more than 500 square feet of ground area and must not remain in place overnight.
F.
Exterior lighting is subject to approval of a landscape and lighting plan.
G.
Plantings must not obstruct roadway visibility or impede the flow of traffic.
H.
Fences and walls must comply with the standards in Article 5, Division 4, Fences and Walls.
I.
Composting must be limited to vegetative matter produced on site, must be confined to an area not exceeding ten percent of the lot area or 100 square feet, whichever is smaller, and must not be located within 60 feet of any residential lot.
A maximum of one cremation chamber is allowed as an accessory use to any funeral home or veterinary hospital or clinic, subject to applicable state law.
A.
A donation box is allowed as an accessory use to any principal use other than a single-family dwelling, only with the written permission of the property owner.
B.
All donated goods must be stored in closed containers that comply with the dimensional standards for principal buildings in the district in which they are located.
C.
The donation box must not occupy or interfere with required parking and must be located outside all required minimum setbacks.
D.
The donation box and the area around it must be maintained in a clean and orderly condition.
E.
The name, address, and phone number of the organization collecting the donated goods must be posted on the side of the donation box.
A drive-through facility for a use other than a restaurant must comply with the standards in this section.
A.
The facility must be accessible from an arterial, collector, or major access road without passing through a residential neighborhood.
B.
The driveway providing access to the drive-through facility must be at least 25 feet from any other driveway, measured from curb to curb.
C.
Vehicle stacking lanes must be provided.
D.
Traffic circulation patterns on the site in relation to the drive through must not impede vehicular movement external to the site or block access to any required parking spaces located on the site. The County Engineer may require the owner to provide standard traffic control signs to notify customers that stopping or standing in the public right of way is prohibited.
E.
Drive-through facilities must not obstruct the movement of pedestrians along sidewalks, through areas intended for public use, or between the building entrance and customer parking spaces.
F.
Drive-through facilities, including stacking lanes, must not be located within 50 feet of a Residential district or a lot containing a residential use.
A.
EV Level 1 charging stations and EV Level 2 charging stations are allowed as an accessory use to any permitted principal use. EV Level 3 charging stations are allowed as an accessory use to any residential use with 100 or more dwelling units or any nonresidential principal use (including a continuing care retirement community or a nursing home).
B.
Except as otherwise provided below or where accessory to an individual single-family detached, townhouse, duplex, or manufactured home dwelling, EV charging station spaces must be reserved and designated for the charging of electric vehicles only. Information regarding amperage and voltage levels, any enforceable time limits or tow-away provisions, and contact information for reporting non-operating equipment or other problems must be posted at the spaces.
C.
A required accessible parking space for persons with physical disabilities (see Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading) may also serve as an EV charging station space, provided the charging station and its controls meet ADA standards for accessibility to persons with physical disabilities.
D.
EV charging station equipment must not interfere with vehicle, bicycle, or pedestrian access and circulation, or with required landscaping.
E.
Electrical equipment used to power the EV charging station must be screened by a masonry enclosure.
A.
A guesthouse may be occupied only by nonpaying guests who maintain a primary residence elsewhere. A detached accessory building may not be occupied as an accessory dwelling unit unless a conditional use permit is approved pursuant to Sec. 24-4406, Accessory Dwelling Unit. A detached accessory building may not be offered for short-term rental unless a conditional use permit is approved pursuant to Sec. 24-4431, Accessory Short-term Rental (as accessory to a dwelling).
B.
A guesthouse (as distinguished from an accessory dwelling unit) may not include facilities for cooking.
A.
Auxiliary facilities such as parking, a waiting room, fueling, and maintenance equipment are not permitted at an accessory helicopter landing facility (see Sec. 24-4313.B, Helicopter Landing Facility, for helicopter landing facility as a principal use).
B.
The facility must be located as far as reasonably practical from any residential use.
Home occupations must comply with the standards in this section, as applicable.
A.
General Standards Applicable to All Home Occupations. All home occupations must comply with the following standards:
1.
Home occupations must be customarily incidental to a dwelling.
2.
All persons who work at a dwelling must reside in the dwelling. Employees who live outside the dwelling must not park at the dwelling or report to the dwelling for work.
3.
A home occupation must not involve the use of machinery or equipment other than that which is customary for residential use. For example, personal computers and peripherals, hand tools, household woodworking tools, picture framing tools, soldering irons, hot glue guns, domestic sewing machines, up to two hair drying units, and standard household cooking appliances are customary for residential use; commercial kitchen equipment and commercial kilns are not customary for residential use.
4.
A home occupation must not result in adverse noise, vibration, odor, glare, or fumes that can be detected by normal human senses off the premises. There must be no evidence visible from off the premises that the dwelling is used for a business except for a sign as provided in Sec. 24-5703.D.
5.
Commercial vehicles must comply with the limitations of Sec. 24-4425, Accessory Parking of Trucks and Commercial Vehicles (as accessory to a dwelling).
6.
A home occupation must not involve any adult business (see Sec. 24-4316), or any business that requires a dealer's license from the Motor Vehicle Dealer Board or a food service permit from the Virginia Department of Health. A home occupation may include engraving, customizing, refinishing, or repairing firearms, but must not include any other activity that requires a Federal Firearms License.
B.
Standards Applicable to Home Occupations, Office Activities. In addition to the general standards applicable to all home occupations, home occupations limited to office activities must also comply with the following standard: No customers may come to the site of the home occupation.
C.
Standards Applicable to Home Occupations, Provision of Services. In addition to the general standards applicable to all home occupations, home occupations that provide services must also comply with the following standards:
1.
The home occupation must be a customary professional service, such as bookkeeping, counseling, tutoring, music instruction, beauty culture, or a similar use as determined by the Planning Director.
2.
The home occupation must not involve boarding or breeding of animals.
3.
Only one home occupation, provision of services may be conducted in the dwelling unit, and it must not be combined with any home occupation, sale of goods.
4.
Customers may come to the site by appointment only.
5.
The home occupation must be conducted in the principal dwelling, not in an accessory structure and not outdoors.
6.
Storage or sale of merchandise is prohibited, except incidental to the provision of a service on the site (e.g., a hairdresser may sell shampoo to clients).
7.
Hours of operation must be limited to Monday through Saturday, 8:00 a.m. to 8:00 p.m.
8.
One off-street parking space must be provided for the home occupation (in addition to those required for the dwelling).
D.
Standards Applicable to Home Occupations, Sale of Goods. In addition to the general standards applicable to all home occupations, home occupations that involve the sale of goods must also comply with the following standards:
1.
The home occupation must be limited to handicrafts made on site, clothes made or altered on site, and home cooking and preparation of packaged food items. Purchasing finished products and offering them for resale is not allowed as a Home Occupation, Sale of Goods.
2.
Only one such home occupation may be conducted on the property, and it must not be combined with any home occupation, provision of service.
3.
Customers may come to the site by appointment only.
4.
The home occupation must be conducted in the principal dwelling, not in an accessory structure and not outdoors.
5.
Hours of operation must be limited to Monday through Saturday, 8:00 a.m. to 8:00 p.m.
6.
One off-street parking space must be provided for the home occupation (in addition to those required for the dwelling).
(Ord. No. 1335, § 44, 11-12-2024)
The keeping of animals outside a dwelling as accessory to a dwelling is permitted only in accordance with the standards in this section and all other applicable standards in this Ordinance.
A.
General Standards.
1.
There must be no boarding of animals for compensation on the premises.
2.
All animals, other than honeybees, must be confined to the premises at all times.
3.
The keeping of animals, including the storage of food and the storage and disposal of animal waste, must not produce any objectionable odors or vermin on surrounding properties.
4.
The keeping of wild animals or animals of a species that is not customarily domesticated is prohibited.
B.
Honeybees.
1.
Hives for honeybees are allowed by right provided they are not located in a front or side yard, or within 10 feet of any lot line, or within 50 feet of a swimming pool on another lot.
2.
Where one or more hives are located within 100 feet of a property line, the number of hives must not exceed four. Where all hives are located 100 feet or more from all property lines, the number of hives must not exceed 10.
3.
For each standard hive, no more than two nucleus colonies may be maintained from April 15 to August 15 of each year.
4.
If the opening or landing platform of a hive faces a property line within 15 feet, the hive must be screened by an opaque fence or evergreen hedge seven feet in height, positioned parallel to the property line, and extending ten feet beyond the hive in each direction.
5.
At all times, a source of water for the honeybees must be provided within 50 feet of all hives.
6.
A sign must provide reasonable warning of the presence of beehives.
C.
Dogs, Cats, Pigeons, and Similar Animals as Pets. The keeping of dogs, cats, pigeons, and similar animals as pets outside of a dwelling must comply with the following requirements:
1.
In Residential districts, enclosures and shelters for animals are not allowed in front or side yards.
2.
The maximum number of animals allowed is four animals age twelve weeks or older and 15 animals less than twelve weeks old, in the aggregate, counting all pets that spend all or part of the day outside of a dwelling, except in accordance with subsection 3 below.
3.
The keeping of more than four animals twelve weeks old or older or more than 15 animals less than twelve weeks old, in the aggregate, counting all pets that spend all or part of the day outside of a dwelling, is allowed:
(a)
By right in the A-1 District, if the animals are kept at least 400 feet from any dwelling in a Residential district and 100 feet from any other dwelling that is the principal use of the lot; and
(b)
In all other cases, subject to a conditional use permit issued in accordance with Sec. 24-2308, Conditional Use Permit.
D.
Fish. The keeping of any number of fish outdoors as pets is allowed by right if the fish are kept within a pond or pool that is at or below grade and is maintained so that any odors generated are not detectable at the lot boundary line.
E.
Horses or Ponies.
1.
The keeping of horses or ponies is allowed by right only in the A-1, Agricultural District. In the R-0, R-0A, R-1, R-1A, R-2, R-2A, R-3, R-3A, R-4, and R-4A districts, the keeping of horses or ponies accessory to a dwelling is allowed subject to approval of a Conditional Use Permit in accordance with Sec. 24-2308, Conditional Use Permit.
2.
A maximum of three horses or ponies may be kept for personal enjoyment as accessory to a dwelling.
3.
A minimum of one acre of fenced pasture is required for each horse or pony.
4.
Any barn, stable, or similar structure must be located at least 400 feet from any dwelling in a Residential district and 100 feet from any other dwelling that is the principal use of the lot.
F.
Miniature Livestock. The keeping of miniature livestock, including miniature horses, potbellied pigs, and pygmy goats, is allowed by right only in the A-1, Agricultural District. In the R-0, R-0A, R-1, R-1A, R-2, R-2A, R-3, R-3A, R-4, and R-4A districts, the keeping of miniature livestock accessory to a dwelling is allowed subject to approval of a conditional use permit in accordance with Sec. 24-2308, Conditional Use Permit.
G.
Poultry. The keeping of poultry is allowed as an accessory use to a single-family detached, duplex, or manufactured home dwelling in accordance with the standards in this subsection (see Sec. 24-4302.A, All Animal Husbandry Uses, for standards for keeping poultry as a principal use).
1.
The keeping of poultry is allowed by right only in the A-1, Agricultural District. In the R-0, R-0A, R-1, R-1A, R-2, R-2A, R-3, R-3A, R-4, and R-4A districts, the keeping of poultry accessory to a dwelling is allowed subject to approval of a Conditional Use Permit in accordance with Sec. 24-2308, Conditional Use Permit.
2.
No more than six hens may be kept on the property. Roosters are prohibited.
3.
The hens must be kept within a covered enclosure that includes a coop and an enclosed run. The coop and the enclosed run must have a combined minimum enclosed area of 30 square feet. The enclosure must not be located in a front or side yard, must not be within 25 feet of a side lot line, and must meet the rear yard setback that applies to the dwelling.
Limited fuel oil or bottled gas distribution is allowed as an accessory use to retail sales and services uses, automotive filling stations (fuel only), and campgrounds, subject to the following standards:
A.
Location of tanks for on-site storage and distribution must be approved by the Fire Marshal.
B.
The Planning Director may require additional safety signs, fencing, and screening of on-site fuel tanks, in addition to those required for the principal use, as necessary to protect public safety.
C.
Any structure housing the fuel, oil, or bottled gas that is located on a sidewalk or other walkway must maintain at least five feet of clearance along the sidewalk or other walkway for use by pedestrians.
A.
General.
1.
Merchandise displayed must be limited to that sold or rented by the principal use.
2.
Except for large outdoor display areas (see subsection B below), the display area must be located either on raised gasoline pump islands or immediately adjacent to the front or side of the principal building, and not in drive aisles, loading zones, fire lanes, parking lots, or within any required buffer, planting area, or area required to meet minimum sidewalk width.
3.
Outdoor display areas must be located within an area that is an integral part of the architectural design of the building and designed for the purpose of outdoor displays.
4.
Outdoor display areas must maintain a clearance in front of primary building entrances for at least ten feet directly outward from the entrance width.
5.
Except for large outdoor display areas (see subsection B below), the display area must not extend more than 15 feet from the exterior wall of the principal building and must comply with the minimum setbacks that apply to the principal structure.
6.
Any sidewalk abutting an outdoor display area must have a minimum width of five feet.
B.
Large Outdoor Display Areas. Any outdoor display areas over 7,500 square feet in area and any display of trailers, sheds, or similar merchandise must comply with the standards in subsection A above and, in addition, with the following requirements.
1.
The outdoor display area must be located to the side of the principal building and must not extend more than 25 feet from the front façade;
2.
The outdoor display area must be screened by a fence a minimum of six feet in height made of wrought iron, masonry, or other material of a similar quality and finish as the principal structure; and
3.
Sheds, trailers, and similar merchandise must be set back a minimum of 25 feet from the fence.
Outdoor seating is allowed as an accessory use to any Eating Establishments use, subject to the following standards:
A.
Outdoor seating areas must not be located within 100 feet of any R-0, R-0A, R-1, R-1A, R- 2, R-2A, R-3, R-3A, R-4, R-4A, R-5A, or R-5B districts.
B.
Outdoor seating areas must be located entirely on privately owned land.
C.
Sound production or reproduction machines or devices (including musical instruments, loud-speakers, and sound amplifiers) must not be played in the outdoor seating area at volumes clearly audible inside a dwelling not located on the same property as the restaurant.
D.
Hours of operation of the outdoor seating area must not exceed those for the eating establishment. Within 200 feet of a Residential district, operation of the outdoor seating is not allowed between the hours of 10:00 p.m. and 6:00 a.m.
E.
The outdoor seating area must not obstruct the movement of pedestrians along sidewalks or through areas intended for public use. The outdoor seating area may be permitted on a sidewalk abutting or adjacent to the eating establishment, subject to the following requirements:
1.
The outdoor seating area must be limited to that part of the sidewalk directly to the front or side of the eating establishment.
2.
Tables, chairs, umbrellas, or other furnishings or equipment associated with the outdoor seating area must not be attached, chained, bolted, or otherwise affixed to any curb, sidewalk, tree, post, sign, or other fixture within the outdoor seating area.
3.
A clear, unobstructed pathway at least five feet wide must be maintained to allow through pedestrian traffic along the sidewalk and from the sidewalk into the entrance to the eating establishment. A greater width may be required by the County Engineer where necessary to ensure the safe and convenient flow of pedestrian traffic.
4.
A clear separation of at least five feet must be maintained from any alley, crosswalk, fire hydrant, or similar public or emergency access feature in or near the outdoor seating area. A greater clear distance may be required where necessary to ensure use of the public or emergency access feature.
5.
The perimeter of the outdoor seating area must not create a physical or visual barrier discouraging the use of the sidewalk by the general public. This does not prohibit use of barriers for areas where alcohol is served as required by state law.
6.
Tables, chairs, umbrellas, and other furnishings associated with the outdoor seating area must be of sufficient quality design, materials, and workmanship to ensure the safety and convenience of area occupants and compatibility with adjacent uses.
F.
Outdoor food preparation must not cause detrimental impacts to nearby uses or property due to noise, glare, light, smoke, odor, grease, or similar effects. In the R-6, O-1, O-2, O-3, O/S, B-1, and B-2 districts, outdoor food preparation may only be allowed upon approval of a Provisional Use Permit by the Board of Supervisors in accordance with Sec. 24-2306, Provisional Use Permit.
(Ord. No. 1338, § 13, 2-11-2025)
A.
In the B-1, B-2, B-3, and M-1 districts, outdoor storage must comply with an approved plan of development (see Sec. 24-2314) or site plan (see Sec. 24-2315) and the following standards:
1.
Outdoor storage areas for shopping carts must be located either contiguous to and at the entrance to the building, or in the parking lot. If located in the parking lot, shopping cart storage areas must be clearly marked and include sufficient area for the carts to be stored safely without blocking the drive aisles or parking spaces. If located adjacent to the building, shopping cart storage areas must be screened from view by a masonry wall or another material having a similar quality and finish as the principal building.
2.
Outdoor storage other than for shopping carts must be completely screened from view from any Residential district or public right-of-way in accordance with Sec. 24-5311, Screening, and must comply with the setbacks and other dimensional standards for a principal structure in the zoning district in which it is located.
B.
In any Agricultural district or Residential district, outdoor storage on a lot where the principal use is a dwelling must comply with the requirements of Sec. 24-4404, Uses and Structures Accessory to Certain Dwellings, and the following standards:
1.
Outdoor storage of household appliances, furniture manufactured and sold for indoor use, or any other abandoned, discarded, demolished, or worn-out material is prohibited; and
2.
Outdoor storage of building materials is prohibited unless the materials are being used on the premises for agricultural operations or substantial and continuing construction activities.
A.
Parking of noncommercial trucks not exceeding 10,000 pounds gross weight, as determined by the vehicle registration, is allowed.
B.
Parking of up to one commercial vehicle, other than a commercial trailer or wrecker, not exceeding 10,000 pounds gross weight as determined by the vehicle registration, is allowed.
C.
Parking of any truck or commercial vehicle exceeding 10,000 pounds gross weight, or any commercial trailer or wrecker, is permitted only while loading, unloading, or working at or near the location where it is parked.
A.
A produce stand must not exceed 750 square feet in gross floor area or 15 feet in height.
B.
A produce stand must be limited to the retail sale of vegetables and fruits grown on the site.
C.
A produce stand must be located to minimize the visual impact of the structure from adjacent public streets and must be located a minimum of ten feet from all lot boundary lines.
D.
A produce stand must be situated so that adequate ingress, egress, and off-street parking areas are provided. A produce stand that is accessory to a use other than a community garden must provide at least five parking spaces meeting the requirements of Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading.
An aboveground rainwater cistern or barrel is allowed as an accessory use or structure to any principal use or structure provided it is located directly adjacent to the principal structure on the lot.
An outdoor recycling and refuse collection area is allowed as an accessory use to any use other than a single-family detached dwelling, duplex dwelling, manufactured home dwelling, or live/work dwelling in accordance with the following standards (see also Sec. 24-5503.A, Lighting to be Provided):
A.
A recycling and refuse collection area must not impede or adversely affect vehicular or pedestrian circulation.
B.
Concrete pavement must be used where a recycling or refuse container pad and apron are located.
C.
All recycling and refuse containers and bins, including pallets, cardboard bales, and oil containers, must be completely screened from view and located in an enclosed area conveniently accessible to all residents and occupants. Enclosures must be constructed of finished masonry materials with the exception of gates and doors. Gates and doors must be constructed of wood, metal, PVC, or similarly durable material, and must not be constructed of chain-link fence. Gates must remain closed except as needed to enter or exit the screened area. The use of portable shipping containers or tractor trailers for storage is prohibited.
D.
Roofed recycling and refuse enclosures, including enclosures for fats, oils, and grease, must comply with the minimum setbacks that apply to the principal structure.
E.
Gates intended for service access to the recycling and refuse collection area must provide an opening at least ten feet wide. Gates and doors must be opaque, substantial, and oriented to minimize views of the enclosures from public rights-of-way. Support posts, gate frames, hinges and latches must be of a sufficient size and strength to allow the gates to function without sagging or becoming misaligned. Where a gate in the screening faces a public right-of-way, the gate must be closed and latched at all times except two hours prior to a scheduled collection time and one hour after collection.
F.
Recycling and refuse collection areas must not be serviced before 6:00 a.m. or after 12:00 midnight, or as otherwise required by Neighborhood Compatibility, Sec. 24-5607, Operational Standards.
G.
The recycling and refuse collection area must be kept free of litter, debris, and residue. Storage outside of containers or bins is prohibited.
In the M-2 and M-3 districts, retail sales as an accessory use to an Industrial use must comply with the following standards:
A.
In buildings with single occupancy, retail sales area must not exceed 20 percent of the building floor area;
B.
In buildings with multiple occupancy, retail sales areas must not exceed 33 percent of the building floor area;
C.
Additional off-street parking must be provided for the retail sales in accordance with Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading;
D.
With the exception of building materials, all goods for sale must be stored indoors, or in an outdoor storage area that is not located in a front or side yard, meets all principal structure setbacks, and complies with the screening requirements for accessory outdoor storage;
E.
Merchandise must not be displayed such that it is visible from a public right-of-way;
F.
Retail customers must not have access to other storage areas, and retail displays must not be placed in other storage areas.
A.
The plant must process only materials extracted from the premises on which the plant is located;
B.
The plant must be located at least 600 feet from all Residential districts;
C.
The plant must not exceed five acres in area; and
D.
The plant must comply with all standards that apply to the principal use.
A.
Conditional use permit. A conditional use permit is required for short term rental, hosted stays (see Article 8, Division 5, General Definitions) that are (1) located in a guesthouse, (2) located on a lot that does not abut a public street for at least 80 feet, (3) occupied by more than six short-term renters at any time, or (4) rented more than a total of 60 days in any calendar year, and for short term rental, unhosted stays (see Article 8, Division 5, General Definitions).
B.
Principal residence required. Only a dwelling that is occupied by the resident for at least 185 days per year may be offered for short-term rental. Prior to offering any property as a short-term rental, the resident must certify, on a form provided by the Planning Director, that the resident occupies the property for at least 185 days per year.
C.
Parking spaces. One off-street parking space must be provided for each guestroom in addition to parking spaces required for the principal dwelling.
D.
Resolution of issues and complaints. During short-term rental, hosted stays, the property owner must respond to and resolve issues and complaints that arise in connection with the stay at any time. For short-term rental, unhosted stays, prior to offering the property as a short-term rental, the property owner must provide, on a form provided by the Planning Director, the name and contact information of an adult who will be available at all times when the property is occupied as a short-term rental. The designated adult must respond in person at the property within 30 minutes whenever necessary to resolve issues and complaints arising in connection with the short-term rental.
E.
Limit on number of occupants. The occupancy of any property during a short-term rental may not exceed a number equal to twice the number of bedrooms in the dwelling.
F.
Limitation on additional uses. No property owner may offer as a short-term rental any property that is also used for a family day home, group home, assisted living facility, massage therapy, or taxi or other carrier service. No property owner may offer, allow, or provide a short-term rental for any other commercial use not customarily incidental to a one-family dwelling, including, without limitation, commercial use for parties, banquets, weddings, receptions, meetings, filming, or advertising activities.
G.
Prohibition against double-booking. No property owner may rent any property pursuant to two or more booking transactions for the same dates, such that no two separately-booked groups of short-term renters may occupy the same property at the same time. For the purpose of this prohibition, a "booking transaction" is any transaction in which there is a charge to one or more short-term renters by a property owner in exchange for the occupancy of the property.
H.
Prohibition against renting to minors. No property owner may provide a short-term rental unless at least one of the short-term renters is 18 years of age or older.
I.
Hours of check-in and check-out. The property owner may not offer check-in or check-out services to short-term renters between the hours of 11:00 p.m. and 7:00 a.m.
J.
Provision of smoke detectors, etc. The property owner of any property offered for short-term rental must provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required to be in the short-term rental by law. No property owner may obstruct any emergency egress required by law.
K.
Posting of information required. The property owner must conspicuously post the following information in any property offered for short-term rental:
1.
The property address;
2.
The name and contact information of the property owner and, if applicable, the adult designated pursuant to subsection D above;
3.
Detailed instructions for emergency shut-off of gas, electricity, and water, including the locations of gas and water valves and circuit breakers;
4.
Recycling and trash collection schedules; and
5.
The Henrico County noise ordinance.
L.
Limitation on pets. No property owner may allow more than three pets to be kept on the property of a short-term rental at any time.
M.
Record of rentals. The property owner must keep an accurate and complete record of each short-term rental for two years from the ending date of the rental and provide those records to the Planning Director for inspection upon the Director's request. The record of each rental must show, at a minimum, the beginning and ending dates of each rental and the number of persons occupying the dwelling.
(Ord. No. 1335, § 45, 11-12-2024)
A.
Accessory solar energy equipment must comply with the maximum height standards for the zoning district in which it is located, except roof-mounted equipment may extend a maximum of three feet above the roofline of the building on which it is mounted, regardless of building height.
B.
Accessory solar energy equipment must not produce glare on neighboring properties.
A minimum of one off-street parking space meeting the requirements of Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading, must be provided for every 100 square feet of tasting areas and other areas designed for on-premise consumption of food and beverages.
A.
A parking space must be provided for each rental vehicle, in addition to the off-street parking spaces required in Article 5, Division 2, Off-Street Parking and Loading.
B.
All parking, service, and maintenance areas of establishments that rent small trucks, vans, trailers, or recreational vehicles must be located at the back of the buildings and must be screened from view with approved fencing or landscaping.
Bulk storage of flammable liquids as an accessory use to any use other than an automobile filling station (fuel only) or for emergency generators at a hospital or similar facility must comply with the standards in Sec. 24-4330.E.5.
(Ord. No. 1335, § 46, 11-12-2024)
Vending machines for selling food or beverages are allowed as an accessory use to any use provided a maximum of two such vending machines may be located on the premises outside of an enclosed building.
A.
Tower-mounted wind energy systems must not be located within a front yard.
B.
The wind energy system must be set back from all property lines and overhead utility lines a distance equal to its total extended height (e.g., if on a roof, roof height plus the height of any tower extending from the roof) plus 15 feet. Guy wires and other support devices must be set back at least five feet from all property lines.
C.
The wind energy system, including any tower and extended blades, must not exceed the maximum height allowed in the zoning district plus 60 feet.
D.
Sound produced by the wind energy system under normal operating conditions, as measured at the property line, must not exceed 55 dBA at any time.
E.
Wind turbines and towers must be painted or finished in the color originally applied by the manufacturer, or a matte neutral color (e.g., gray, white) that blends into a range of sky colors, or a color consistent with that of the buildings on the site.
F.
Wind turbine blade tips and vanes must have a minimum ground clearance of 15 feet, as measured at the lowest point of the arc of the blades. No blades may extend over parking areas, public rights of way, driveways, or sidewalks.
G.
Illumination of turbines and towers is prohibited unless required by the FAA.
H.
On a freestanding tower, any climbing foot pegs or rungs below 12 feet must be removed to prevent unauthorized climbing. For lattice or guyed towers, barriers must be fastened to the bottom tower section to prevent unauthorized climbing.
I.
The wind energy system must not include signs visible from any public street other than signs required by law.
J.
If use of the wind energy system is discontinued for a period of six months, the County will deem it abandoned and provide the owner a written notice of abandonment. Within 90 days after written notice of abandonment is provided, the owner must either remove the system, including all towers, turbines, and above-ground structures and equipment, or resume regular operation of the system.
A data center is allowed as an accessory use to an office or industrial use, subject to the following standards in addition to the standards of Sec. 24-4328.B:
A.
The accessory data center and the office or industrial use to which it is accessory must be located on the same or adjacent premises.
B.
All equipment necessary for operating the data center must be contained within an enclosed building or screened by opaque walls to minimize transmission of sound. This includes equipment for cooling and ventilating, as well as emergency power generators and other emergency power supply equipment.
(Ord. No. 1342, § 6, 6-10-2025)
A.
Purpose. The purpose of this division is to authorize the establishment of certain temporary uses and structures, including special events. This division also identifies the zoning districts in which such temporary uses and structures are allowed, identifies what type of permit or review is required to establish them, sets out general standards applicable to all temporary uses and structures, and sets out any special standards applicable to particular temporary uses and structures. This division is intended to ensure that such uses or structures do not negatively affect adjacent land, are discontinued upon expiration, and do not involve the construction or alteration of any permanent building or structure.
B.
Organization of This Division. Table 4502: Temporary Use and Structure Table, shows whether a particular type of temporary use or structure is permitted or prohibited within the various zoning districts. Sec. 24-4503, General Standards for all Temporary Uses and Structures, establishes general standards that apply to all allowed temporary uses and structures. Sec. 24-4504, Standards for Specific Temporary Uses and Structures, establishes standards that apply to particular types of temporary uses or structures regardless of the zoning district in which they are allowed or the review procedure by which they are approved, unless expressly stated to the contrary. These standards may be modified by other applicable requirements in this Ordinance.
A.
Organization of Temporary Uses and Structures. The Temporary Use and Structure Table in this section lists temporary uses and structures alphabetically.
B.
Abbreviations in Temporary Use and Structure Table Cells. The abbreviations in this subsection apply to Table 4502: Temporary Use and Structure Table. Each cell is located at the intersection of a row and a column, which are referenced in each subsection below.
1.
Permitted Uses. "R" in a table cell indicates that the temporary use or structure in that row is allowed by right in the zoning district at the head of that column, subject to any specific standards for the temporary use or structure that are referenced in the right-most column, Sec. 24-4504, Standards for Specific Temporary Uses and Structures, and all other applicable regulations of this Ordinance. No Temporary Use Permit is required.
2.
Temporary Use Permit Uses. "T" in a table cell indicates that the temporary use or structure in that row is allowed in the zoning district at the head of that column only upon approval of a temporary use permit in accordance with Sec. 24-2312, Temporary Use Permit, subject to any specific standards for the use or structure that are referenced in the right-most column, Sec. 24-4504, Standards for Specific Temporary Uses and Structures, and all other applicable regulations of this Ordinance.
3.
Prohibited Uses. "—" in a table cell indicates that the temporary use or structure in that row is prohibited in the zoning district at the head of that column.
C.
Standards for Specific Temporary Uses and Structures. A particular temporary use or structure that is allowed in a zoning district may be subject to additional standards that are specific to that use or structure. The applicability of such specific standards is noted in the right-most column of Table 4502: Temporary Use or Structure Table, through a reference to standards in Sec. 24-4504, Standards for Specific Temporary Uses and Structures.
D.
Unlisted Temporary Uses. The Planning Director is authorized to evaluate proposed temporary uses or structures that are not identified in Table 4502: Temporary Use or Structure Table, on a case-by-case basis applying the criteria in Sec. 24-8407, Interpretation of Unlisted Uses. Upon determining the proposed use or structure is similar to a use or structure listed in the table, the Planning Director will treat the proposed use or structure the same as the most similar use or structure. If the Planning Director determines that the proposed use or structure is not similar to any listed use or structure, the Board of Zoning Appeals may approve that use or structure by conditional use permit (see Sec. 24-2308.B).
E.
Temporary Use and Structure Table. Temporary uses and structures are allowed in each of the zoning districts in accordance with Table 4502: Temporary Use or Structure Table. In addition, the Board of Zoning Appeals may approve any temporary use or structure not otherwise permitted in the district where it is proposed to be located that does not involve the construction or use of permanent structures (see Sec. 24-2308.B).
(Ord. No. 1338, § 14, 2-11-2025)
Unless otherwise specified in this Ordinance, all temporary uses and structures must:
A.
Comply with all applicable County, state, and federal regulations and obtain all applicable County, state, and federal licenses and permits;
B.
Not involve the retail sales or display of goods, products, or services within a public right-of-way, except as part of a County-authorized event;
C.
Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
D.
Be compatible with the principal uses taking place on the site;
E.
Not have adverse health, safety, noise, or nuisance impacts on any adjoining permanent uses or nearby residential neighborhoods;
F.
Not include permanent alterations to the site;
G.
Comply with temporary signs standards in Article 5, Division 7, Signs (all temporary signs must be removed promptly after the activity ends).
H.
Not violate the conditions of approval that apply to a site or a use on the site;
I.
Be located on a site containing sufficient land area to allow the temporary use, structure, or special event to occur and accommodate associated pedestrian, parking, and traffic movement without disturbing environmentally sensitive lands; and
J.
Not damage any required landscaping.
The standards set forth in Sections 24-4505 through 24-4518 for a specific temporary use or structure apply to the particular individual temporary use or structure, regardless of the zoning district in which it is located or the review procedure by which it is approved, and in addition to the standards in Sec. 24-4503, General Standards for all Temporary Uses and Structures, unless otherwise specified in this Ordinance. The following sections are intended to set forth and consolidate the standards for all temporary uses and structures for which a reference to these sections is provided in the right-most column of Table 4502: Temporary Use or Structure Table. These standards may be modified by other applicable standards or requirements in this Ordinance.
A.
The temporary building, structure, or use must not be moved onto the project site prior to the issuance of a temporary use permit and any required building permit for the related project and must be removed within 30 days after either (i) the expiration of the building permit, or (ii) the issuance of the final certificate of occupancy for the building or completed development, at which time the temporary use permit will expire.
B.
The temporary building, structure, or use may be placed on a property adjacent to the construction site if site constraints make it impractical to locate the building, structure, or use on the construction site, provided the adjacent site must be restored to its previous condition within 60 days after issuance of the final certificate of occupancy for the building or completed development.
C.
Adequate off-street parking for the temporary building, structure, or use must be provided in accordance with the minimum standards for number of off-street parking spaces in Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading.
D.
Construction site fencing may remain in place provided the building permit remains active and has not expired.
E.
The Planning Director will issue the temporary use permit for an appropriate period of time not to exceed 36 months and may extend the temporary use permit for an additional period not to exceed 36 months on finding that the building construction or land development is proceeding in a timely manner.
(Ord. No. 1335, § 47, 11-12-2024)
A.
A temporary family healthcare home must:
1.
Comply with all dimensional standards that apply to principal structures in the zoning district in which it is located;
2.
Not be placed on a permanent foundation;
3.
Be connected to all water, sewer, and electric utilities serving the primary residence in accordance with all required building, electrical, plumbing permits; and
4.
Comply with applicable requirements of the Virginia Department of Health, including any required individual onsite sewage disposal system permits.
B.
A temporary use permit for a family healthcare home will be valid for one year. The Planning Director may grant written requests for extension of this time period for up to one year per extension on finding the applicant has provided
1.
Sufficient evidence that the family healthcare home complies with the requirements of this Ordinance;
2.
Sufficient evidence that the applicant is a caregiver as defined in Article 8, Division 5, General Definitions; and
3.
A certification from the mentally or physically impaired person's physician that the person still requires assistance with two or more activities of daily living.
C.
The temporary family healthcare home must be removed from the site within 60 days of the date on which it was last occupied by a mentally or physically impaired person receiving services or in need of the caregiver's assistance.
A.
The farmers' market must not operate without written permission from the owner of the property on which it is located.
B.
The farmers' market must not operate for more than 50 days in any calendar year.
C.
The farmers' market must operate only during daylight hours.
D.
From April 1 through November 30, a farmer's market must only be located in a parking lot or other open area. From December 1 through March 31, a farmer's market may operate indoors.
E.
The farmers' market must provide adequate ingress, egress, and off-street parking areas. Vehicular access to the subject property must not be by local streets.
F.
Sales must be limited to the retail sale of agriculture, aquaculture, and horticulture products produced by the vendor, including the sale of products made by the vendor from such products (e.g., baked goods, jams and jellies, juices, cheeses) and incidental sales of crafts or similar home-made products made by the vendor.
G.
Items for sale must not be displayed or stored within customer walkways.
H.
The property owner must designate a manager, who must establish operating rules addressing the governance structure of the market, hours of operation, and maintenance and security requirements and responsibilities. The manager must be authorized to direct the operations of all participating vendors.
A.
A temporary flea market must not operate without written permission from the owner of the property on which it is located.
B.
A temporary flea market must not operate for more than 30 days in any calendar year.
C.
A temporary flea market must operate only during daylight hours.
D.
A temporary flea market must only be located on a parking lot or other open area.
E.
Stalls, sales tables, and any other facilities related to the flea market must be located at least 25 feet from any adjoining street. If located within a parking lot, sufficient parking must be provided for the patrons.
F.
Items for sale must not include automobiles, automobile parts, and non-portable household appliances.
G.
Items for sale must not be displayed or stored within customer walkways.
H.
The property owner must designate a manager, who must establish operating rules addressing the governance structure of the market, hours of operation, and maintenance and security requirements and responsibilities. The manager must be authorized to direct the operations of all participating vendors.
A.
A mobile food unit must not be operated without the written consent of the landowner or tenant, or their authorized agent.
B.
A mobile food unit must be operated on level ground that is surfaced with pavement, gravel, or a similar dustless, all-weather material to ensure safe and convenient pedestrian access.
C.
A mobile food unit, together with any areas provided for on-site consumption of food, must not be operated within a required parking space or be parked in a driveway, drive aisle, sidewalk or other pedestrian way, fire lane, or required landscaped area.
D.
A mobile food unit, including any equipment, furniture, or supplies related to it, must not remain overnight on the same premises where food sales occur.
E.
The vicinity around the mobile food unit must be kept clean and free of litter and debris.
F.
Trash receptacles must be provided where there is any accommodation for consumption of food in the vicinity of the mobile food unit.
A single model sales home or unit may be located on a new development site and temporarily used for sales or leasing uses associated with the development, subject to the following standards:
A.
A model sales home or unit must be located on a lot or building site approved as part of the development, or within a building approved as part of the development. The building must comply with all applicable development standards, including the dimensional standards of the district in which it is located, under both the current lot configuration and the approved lot configuration.
B.
A temporary use permit for the model sales home will be issued only when actual construction on or in the immediate vicinity of the development site necessitates the model sales home or unit. The permit will be initially valid for no more than three years. The Planning Director may grant written extensions of up to three years per extension, or the length of time required for the construction of the development, whichever is less.
C.
Adequate measures must be taken to ensure the model sales home will not adversely affect the health and safety of residents or workers in the area and will not be detrimental to the use or development of adjacent properties or the general neighborhood.
D.
There must be no more than one model sales home or unit per builder in the development, and no more than three model homes per development.
E.
At least one parking space must be provided for every 300 square feet of gross floor area devoted to the model sales home. Accessible parking for persons with physical disabilities is required.
F.
A model sales home or unit may be used for temporary sales or leasing until such time as the last lot is developed.
G.
On termination of the temporary real estate sales or leasing use of a model sales home or unit, the home or unit must be converted into, or removed and replaced with, a permanent dwelling, and any excess parking must be removed and landscaped in accordance with the development permits and approvals for the development.
H.
A model sales home must not be used for storage of building materials.
A.
In Residential districts, storage containers, other than those located on construction sites, must not exceed 130 square feet in floor area or eight feet in height.
B.
In districts other than Residential districts and on construction sites in Residential districts, storage containers must not exceed 160 square feet in floor area or eight and one-half feet in height.
C.
Storage containers must not be located in any street right-of-way, parking or loading area, front yard, required parking space, drive aisle, sidewalk or other pedestrian way, fire lane, or required landscaped area.
D.
Except for storage containers located on construction sites, storage containers must not be located on an individual parcel or site for more than:
1.
One period not exceeding 10 consecutive days in any six-month period in Residential districts; or
2.
One period not exceeding 30 consecutive days in any six-month period in districts other than Residential districts.
A.
A temporary recyclables collection point must not be operated for more than one period not exceeding 30 consecutive days in any six-month period.
B.
A temporary recyclables collection point must not be located on the same lot as a single-family detached, duplex, or manufactured home dwelling.
C.
A temporary recyclables collection point must not exceed 100 square feet in area.
D.
A temporary recyclables collection point must not impede or adversely affect vehicular or pedestrian circulation.
E.
Storage outside of a closed container or bin is prohibited. An application for a temporary use permit must identify measures for daily monitoring and maintenance that will be taken to ensure this requirement is met.
A.
A temporary sawmill must be used only for the sawing of timber cut from the immediate premises.
B.
A temporary sawmill must be located at least 400 feet from the nearest Residential district and 200 feet from any other lot where the principal use is a dwelling, elementary or secondary school, religious institution, Health Care Facilities use, or Day Care use.
A.
Temporary sales must be limited to no more than 90 days in any calendar year.
B.
A temporary sales stand other than a tent must not exceed 400 square feet in area.
C.
Outdoor display area must not exceed 1,600 square feet. This does not include area occupied by a sales stand.
D.
Display or sales areas must not be located in required yards or sight distance triangles.
E.
Off-street parking must be adequate to accommodate the proposed sale of products. A minimum of one parking space for every 200 square feet of display area is required in addition to any other parking spaces required by this Ordinance.
A.
Applicability.
1.
All special events (including cultural events, musical events, celebrations, festivals, fairs, carnivals, circuses, and communal camping) held on private property within the County must comply with the requirements and standards in this section, unless exempted in accordance with subsection (2) below.
2.
The following events or activities are exempt from the standards in this section and may occur without a temporary use permit for a special event; however, they are subject to all other applicable procedures and standards of this Ordinance:
(a)
Special events or activities that are limited to no more than 50 persons;
(b)
Special events or activities occurring within, or on the grounds of, a private residence or on the common areas of a single-family attached, townhouse, two- to four-family, or multifamily residential development that are accessory to the residential use;
(c)
Any event sponsored in whole or in part by the County or the state;
(d)
Any organized activities conducted at sites or facilities typically intended and used for such activities. Examples of such exempt activities include sporting events such as golf, soccer, softball, and baseball tournaments conducted on courses or fields intended and used for such activities; fairs and carnivals at fairgrounds; wedding services conducted at reception halls, or similar facilities; funeral services conducted at funeral homes or cemeteries; religious services, wedding services, and funeral services conducted at religious institutions; and
(e)
Temporary special events that are expressly approved as part of a Conditional Use Permit (Sec. 24-2308), Provisional Use Permit (Sec. 24-2306), Planned Development (Sec. 24-2305), or Musical or Entertainment Festival Permit (Sec. 4-91 et seq.).
B.
Standards. An application for a temporary permit for a special event will be approved unless:
1.
The application contains intentionally false or materially misleading information;
2.
The Planning Director determines that the special event would create an unreasonable risk of significant:
(a)
Damage to public or private property, beyond normal wear and tear;
(b)
Injury to persons;
(c)
Public or private disturbances or nuisances;
(d)
Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel;
(e)
Additional and impracticable or unduly burdensome police, fire, trash removal, maintenance, or other public services demands; and
(f)
Other adverse effects upon the public health, safety, or welfare;
3.
The special event would be of such a nature, size, or duration that the proposed location cannot reasonably accommodate the event; or
4.
The special event would be at a time and location that has already been permitted or reserved for other activities such that emergency services may not be available.
C.
Conditions of Approval. In approving the temporary use permit for the special event, the Planning Director is authorized to impose such conditions upon the permit as may be necessary to mitigate any potential adverse impacts upon other property in the area created or potentially created by the proposed special event. The Planning Director is authorized, where appropriate, to:
1.
Require temporary parking facilities, including vehicular ingress and egress;
2.
Require control of nuisance factors, such as the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat;
3.
Regulate temporary buildings, structures and facilities, including location, height and size, location of equipment and open spaces, including buffer areas and other yards;
4.
Require sanitary and medical facilities;
5.
Require solid waste collection and disposal;
6.
Require security and safety measures;
7.
Authorize an alternative location or date for the proposed special event;
8.
Modify or eliminate proposed activities that would be detrimental to public health, safety, or welfare;
9.
Limit operating hours and days, including limitation of the duration of the special event to a shorter time period than that requested or specified in this section; and
10.
Require a financial guarantee to ensure that any temporary facilities or structures used for such proposed special event will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.
D.
Duration of Permit. A temporary use permit for a special event authorized in accordance with this section will be limited to a maximum duration of 14 days per site per calendar year; however, the Planning Director may authorize a single extension not to exceed 16 days.
A.
The produce stand must be used only for the display and sale of agricultural products grown or produced on the premises.
B.
Access to the produce stand must be by a street other than a local street.
C.
The produce stand must not exceed 200 square feet.
D.
The produce stand must not be used outside the growing seasons of the products sold in the stand and must be removed promptly at the end of each season. The stand must not be used for more than 30 days in any calendar year.
E.
The produce stand must be located at least 15 feet from the road right-of-way.
F.
A minimum of four on-site parking spaces are required in addition to any other parking spaces required by this Ordinance. The location and configuration of parking spaces must comply with Article 5, Division 2, Off-Street Parking and Loading.
An existing building that is accessory to an existing principal dwelling that has been damaged or destroyed by a fire, hurricane, or other physical catastrophe may be temporarily used as the principal dwelling on the lot while the damaged or destroyed principal dwelling is being repaired or reconstructed, provided it complies with the following standards:
A.
The building or inhabited part of the building must meet all applicable building, health, and other regulations for a habitable dwelling;
B.
The building must comply with any standards set forth in a Declaration of Emergency issued in response to the catastrophe; and
C.
The building must be removed or converted to an authorized accessory use within 30 days after issuance of the certificate of occupancy for the permanent principal dwelling. The building must not be used as a dwelling for more than one year unless expressly authorized in a Declaration of Emergency issued in response to the catastrophe.
The standards in this section apply to modular offices, modular classrooms, and other factory-fabricated, transportable buildings, other than family healthcare homes, that are designed to arrive at the site ready for occupancy (except for minor unpacking and connection to utilities), and for relocation to other sites. Such buildings may be temporarily placed on land, subject to the following standards:
A.
The building may be placed on a lot and temporarily used only for the following purposes:
1.
Temporary expansion of space for an existing community services use, government administrative offices, health care use, religious institution, school, or other community-serving institutional use;
2.
Temporary office space for construction management and security uses during construction of new development in accordance with County-approved plans;
3.
Temporary office space pending completion of permanent office space if a building permit has been issued for the permanent office space;
4.
A temporary space for real estate sales or leasing activities associated with a new development pending construction of the development;
5.
Temporary space for recreational use for a new residential development pending construction of permanent recreational facilities approved by the County as part of the development; or
6.
Temporary quarters for the occupants of a principal dwelling or nonresidential building damaged or destroyed by a fire, hurricane, or other physical catastrophe while the dwelling or building is being repaired or reconstructed.
B.
Except as otherwise provided in this Ordinance, the temporary building must comply with the minimum yard requirements for principal structures in the district where it is located and must not be located in the following areas:
1.
Existing required landscaping or perimeter buffer areas;
2.
Areas designated as future required landscaping areas, whether or not vegetation currently exists;
3.
Natural areas, floodplains, and environmentally-sensitive areas; and
4.
Other areas designated on the site for open space, vehicular access, or parking.
C.
Adequate off-street parking for the temporary building must be provided in accordance with the minimum standards for number of off-street parking spaces in Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading.
D.
All permits required by applicable building, electrical, plumbing, and mechanical codes must be obtained before placement of the temporary building and must be kept in force until completion.
E.
The exterior of the temporary building must not be used to display advertising other than signs authorized by Article 5, Division 7, Signs.
F.
A temporary permit issued for a temporary building in accordance with this section will have a period of validity of 12 months or less. The temporary permit may be extended for an additional 12 months, up to three times, if a written request for an extension is approved by the Planning Director 30 days prior to the expiration of the temporary use permit, except that an unlimited number of extensions are allowed for temporary classrooms for use as part of an existing public educational facility. Except for such classrooms, a temporary building must not remain on site for more than four years.
G.
The temporary building must be removed from the site within 30 days after issuance of the final certificate of occupancy for the permanent expansion, new development, permanent office space, permanent recreation facility, permanent facility, or repaired or reconstructed building, as appropriate.