This chapter is enacted for the general purpose of promoting the health, safety and general welfare of the public and further, to accomplish the objectives of section 15.2-2200 Code of Virginia. To these ends, this chapter is designed to give reasonable consideration to each of the following purposes where applicable:

A.

To provide for adequate light, air, convenience of access, and safety from fire, flood and other dangers;

B.

To reduce or prevent congestion in the public streets;

C.

To facilitate the creation of a convenient, attractive and harmonious community;

D.

To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements;

E.

To protect against destruction of or encroachment upon historic areas;

F.

To protect against one (1) or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, panic or other dangers;

G.

To encourage economic development activities that provide desirable employment and enlarge the tax base;

H.

To provide for the preservation of agricultural and forestal lands.

This chapter is also enacted to effect the land-use plans for the Henry County Comprehensive Plan, and reference is made to said plan.

This chapter is drawn and shall be applied with reasonable consideration for the existing use and character of the property, the Comprehensive Plan, the suitability of property for various uses, the trend of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, and the requirements for housing, schools, parks, playgrounds, recreational areas, and other public services, for the conservation of natural resources, and the preservation of flood plains, for the preservation of agricultural and forestal lands, and for the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the County.

A.

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare.

B.

Where the conditions imposed by any provision of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

C.

This chapter is not intended to abrogate any easement, covenant or any other private agreement, provided, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easement, covenants or other private agreements, the requirements of this chapter shall govern.

D.

No building, structure or use which was not lawfully existing on September 1, 1989 shall become or be made lawful solely by reason of the adoption of this chapter, and to the extent that, and in any manner that such unlawful building, structure or use is in conflict with the requirements of this chapter, such building, structure or use remains unlawful hereunder.

Abattoir: A commercial slaughterhouse.

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

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

Administrator, the: The official charged with the enforcement of the Zoning Ordinance. He/she may be any appointed or elected official. He/[she] may serve with or without compensation as determined by the governing body.

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

Airport: A land area specifically designed for the landing, taking off, or storage of aircraft, including accessory uses and structures customary thereto.

Alley: A passage or way open to public or private travel affording generally a secondary means of vehicular access to abutting lots or upon which service entrances of buildings abut, and not intended for general traffic circulation.

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

Alternative tower structure: Manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna: Any apparatus designed for telephonic, data, radio, or television communications through the sending and/or receiving or electromagnetic waves.

Apartment house: A building used or intended to be used as the residence of three (3) or more families living independently of each other.

Appliance store: A place of business where apparatuses, instruments or devices (whether manual or electrical and mechanical) are displayed for sale.

Assisted living facility or group home (of eight (8) or fewer single-family residences): See section 15.2-2291, Code of Virginia, as amended.

Automobile graveyard: Any lot or place which is exposed to the weather upon which more than five (5) motor vehicles of any kind, incapable of being operated, are placed.

Automobile sales area: An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where minor repair work is done.

Automobile service station: Any place of business having pumps and storage tanks at which fuels and oils for the use of motor vehicles are dispensed, sold or offered for sale at retail, and where minor repairs (but not tire recapping) and inspections may be carried on incidental to the sale of such fuels and oils. (When such dispensing, sale or offering for sale is incidental to the conduct of a public garage, the establishment shall be deemed to be a public garage).

Basement: A story having part, but not more than one-half (½), of its height below grade. A basement shall be counted as a story for the purpose of height regulations if it is used for business purposes or for dwelling purposes (by other than a janitor employed on the premises).

Billboard (see signs): Any form of publicity, visible from any public highway, directing attention to an individual activity, business, service, commodity or product, and conveyed by means of words, figures, numerals, lettering, emblems, devices, designs, trademarks or trade names or other pictorial matter designed to convey such information and displayed by means of bills, panels, posters, paints or other devices erected on an open framework, or attached or otherwise applied to posts, stakes, poles, trees, buildings, or other structures or supports. Signs containing "danger" or "warning" messages required by governmental or other authorities shall not be within this definition.

Block: That property abutting one (1) side of a street and lying between the two (2) nearest intersecting streets or nearest street and railroad right-of-way, unsubdivided acreage, river or live stream or between any of the foregoing and any other barrier to the continuity of development.

Board of Supervisors: The Board of Supervisors of Henry County, Virginia.

Board of Zoning Appeals: The Board of Zoning Appeals of Henry County, Virginia.

Boarding or lodging house: A building where, for compensation, lodging and meals are provided for five (5) or more persons, who are not transients, but not to exceed fourteen (14) persons.

Boat dock: A small artificial (manmade) or natural structure designed for the launching and/or receiving of waterborne craft.

Commission, the: The Planning Commission of Henry County, Virginia.

Community center: A building, group of buildings, or other place designed for use or used for cultural, educational or recreational activities of the inhabitants of an area and not operated for profit.

Community correctional facility: Any group home, halfway house or other physically unrestricting facility used for the housing, treatment or case of adult/child offenders established or operated with funds appropriated to the Department of Corrections from the State Treasury and maintained or operated by any political subdivision, combination of political subdivisions or privately operated agency within the Commonwealth. When not regulated by a State Agency, the number of allowed occupants will be determined by the special use permit, and Fire and Building Code.

Condominium: A system of separate ownership of individual units in a multiple-unit building or development.

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

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

Dairy farm: Any premises on which one (1) or more cows or goats are kept and from which milk is sold on or off the premises.

Day care, child care facility: Any facility, other than a family day care home, operated for the purpose of providing care, protection and guidance to a group of ten (10) or more children separated from their parents or guardian during part of the day only, except:

1.

A facility required to be licensed as a summer camp under sections 35-43 through 35-53, Code of Virginia;

2.

A public school or a private school, unless the Commissioner of Welfare and Institutions determines that such private school is operating a child care center outside the scope of regular classes;

3.

A school operated primarily for the educational instruction of children two (2) to five (5) years of age, at which children two (2) to four (4) years of age do not attend in excess of four (4) hours per day and children five (5) years of age do not attend in excess of six and one-half (6½) hours per day;

4.

A facility which provides child care on an hourly basis which is contracted for by a parent occasionally only;

5.

A facility operated by a hospital on the hospital's premises, which provides care to the children of the hospital's employees, while such employees are engaged in performing work for the hospital; and

6.

A Sunday School conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.

Development: Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.

Development plan: A detailed plan indicating all buildings or construction and improvements.

District: A portion of Henry County, Virginia in which certain uniform regulations and requirements of various combinations thereof apply under the provisions of this chapter.

Dwelling: Any building or portion thereof providing complete independent permanent facilities for living, sleeping, eating and sanitation, designed for or used exclusively as living quarters by one (1) family, but not including a tent, cabin, travel trailer, mobile home, manufactured home or a room in a hotel or motel.

Dwelling, duplex or two-family: A building designed for use or occupied exclusively by two (2) families, containing two (2) dwelling units.

Dwelling, multiple-family: A building or portion thereof containing three (3) or more dwelling units.

Dwelling, single-family: A building designed for use or occupied exclusively by one (1) family.

Essential services: The erection, construction, alteration or maintenance of public utilities, or municipal or other governmental transmission or distribution systems, for collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities, governmental or other agencies, but not including buildings.

Existing construction: Structures for which the start of construction commenced before the effective date of this chapter. These shall also be referred to as "existing structures."

FAA: The Federal Aviation Administration.

Family:

1.

An individual;

2.

Two (2) or more persons related by blood, marriage, adoption or guardianship plus any domestic servants, foster children and not more than two (2) roomers, living together as a single nonprofit housekeeping unit in a dwelling or dwelling units; or

3.

A group of not more than four (4) persons not related by blood, marriage, adoption or guardianship living together as a single nonprofit housekeeping unit in a dwelling or dwelling unit.

Family, immediate: Includes husband, wife, sons, daughters, mother, father, sister, brother, stepparents, stepchildren, stepbrother, stepsister, and grandchildren.

Family day care homes: A single-family dwelling in which more than five (5), but less than thirteen (13), individuals are received for care, protection and guidance during only part of a twenty-four-hour day. Individuals related by blood, legal adoption or marriage to the person who maintains the home shall not be counted towards this total. The care of five (5) or fewer individuals for portions of the day shall be considered residential occupancy by a single family.

FCC: The Federal Communications Commission.

Fence: A type of enclosure intended as a barrier or to mark a boundary. Fences shall not be considered accessory structures and shall be permitted to be constructed on a property line.

Flood: A general and temporary inundation of normally dry land areas.

Floodplain:

1.

A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation;

2.

An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

Floodway: The designated area of the floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.

Floor area: The sum of the horizontal area of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of the walls separating two (2) buildings, but not including outside storage areas, attached garages, carports or enclosed porches.

Foundry: The process of metal casting.

Garage, private: Accessory building designed or used for the storage of not more than three (3) automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of one and one-half (1.5) automobiles for each dwelling unit.

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

General store, convenience store, country store: See convenience store.

Golf course: Any golf course, public or private, where golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges.

Grade: The average of the finished ground level measured at the center of all walls of a building.

Grocery store: A place of business which offers foodstuffs and other small household articles for retail sale.

Guest room: A room which is intended, arranged, or designed to be occupied, or which is occupied, by one (1) or more guests paying direct or indirect compensation therefor, but in which no provision is made for cooking. Dormitories are excluded.

Halfway house: A residential group care facility providing accommodation, rehabilitation counseling, and on-site supervision to persons suffering from alcohol or drug addiction, mental patients, persons suffering from similar disorders, or persons reentering society after being released from a correctional facility or other institution. These facilities are a transitional environment between confinement and the return to society. Number of allowed occupants to be determined by special use permit, Fire and Building Code.

Hazardous waste: A "hazardous waste" as described by the current Virginia Hazardous Waste Regulations.

Height: When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if the highest point is an antenna or lightning rod.

Height, building: The vertical distance from the "grade" level to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.

Home occupation: An occupation which does not require more than one-fourth (¼) of the total floor space of the dwelling as a secondary use in connection with which there will be no display of goods and no one is employed other than members of the family residing on the premises. Such occupations will be conducted within the dwelling by the occupant.

Class A— Home occupations meeting the above criteria but are limited in intensity due to the nature of the business. Examples are music teaching, canning and catering, sewing and millinery, and other uses that promote little or no increase in traffic and congestion.

Class B— Home occupations that may be more intense in nature, creating additional traffic and congestion in the area. Examples are barber shops, beauty and tanning salons, professional services, lodging houses and other similar uses conducted within the dwelling by the occupant.

No massage parlor required to be licensed under Section 13-301 of these ordinances shall be considered a permissible home occupation under this chapter.

Homeless shelter/transitional living facility: A facility providing housing/shelter primarily to indigent, needy, or homeless persons and which may also provide social services and counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing. Number of allowed occupants to be determined by special use permit, Fire and Building Code.

Hospital: An institution rendering medical, surgical, obstetrical, or other treatment or other cure of human beings, including mental hospitals, but excluding nursing homes.

Hotel: A building designated or occupied as the more or less residing place for fourteen (14) or more individuals who are, for compensation, lodging, with or without meals, and in which provision is not generally made for cooking in individual rooms or suites.

Inoperative vehicles: An inoperative vehicle means any motor vehicle which is not in operating condition, or which for a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires, wheels, the engine, or other essential parts required for the operation of the vehicle, a vehicle for which there is neither valid inspection decal nor valid license plates (this does not include farm use vehicles or antique vehicles).

Junkyard: The use of any area of land lying within one hundred (100) feet of a state or federal highway or the use of more than two hundred (200) square feet of land area in any location for the storage, keeping, or abandonment of junk, including scrap metals or other scrap materials. The term "junkyard" shall include the term "automobile graveyard."

Kennel, commercial: A facility where dogs are kept for the purpose of breeding, training, renting, buying, boarding, selling, or for other commercial/monetary gain. Commercial kennels shall also include animal shelters and the keeping of show dogs.

Land use plan: The long-range plan for the desirable use of land in Henry County as officially adopted, and as amended from time to time by the Board of Supervisors; the purpose of such plan being, among other purposes, to serve as a guide in the zoning and progressive changes in the zoning of land to meet changing community needs, in the appropriate subdividing and development of undeveloped land, and in the acquisition of right-of-way or sites for such public facilities as streets, parks, schools and other public buildings.

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

Lot area: The area of a horizontal plan bounded by the front, side and rear lot lines, but not including portions under water, except where the total area of a body of water is within the lot.

Lot, corner: A lot abutting on two (2) streets which intersects at an angle not greater than one hundred thirty-five (135) degrees.

Lot depth: The shortest horizontal distance between front and rear lines of a lot measured perpendicular to the street line.

Lot, through: A lot having a pair of opposite lot lines along two (2) more or less parallel public streets. Both streets shall be deemed front lot lines.

Lot, width: The horizontal distance between the lines of a lot measured along the front yard setback line.

Manufactured home: A structure subject to federal regulations which is transportable in one (1) or more sections, is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on site, is built on a permanent chassis, and is designed to be used as a single-family dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. (Code of Virginia, § 36-85.3).

Mobile home: A structure, transportable in one (1) or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet in length, or when erected on site, is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. (Code of Virginia, § 46.1-1).

Mobile home park: Premises where two (2) or more mobile homes and/or manufactured homes are parked for living or sleeping purposes or where spaces or lots are set aside for rent for use by mobile homes and/or manufactured homes for living or sleeping purposes, including any land, building, structure, or facility used by occupants of mobile homes on such premises.

Modular home or unit: An industrialized building assembly or system of building sub-assemblies, including the necessary electrical, plumbing, heating, ventilating or other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, as a finished building or as a part of a finished building comprising two (2) or more industrialized building units and not designed for ready removal or installation or erection on another site.

Motel: A building, or group of buildings, comprising individual sleeping or living units for the accommodation of transient guests, not containing cooking or kitchen facilities.

Multidog license: Issued by the Henry County Treasurer's Office as a means of licensing two (2) or more dogs at a possible lower cost per-dog rate than purchasing individual dog licenses.

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

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

Nonconforming use: See use, nonconforming.

Nursing home, convalescent and rest home: An establishment used as a dwelling place by the aged, infirmed, chronically ill or incurably afflicted persons, in which not less than three (3) persons live, or are kept, or are provided for on the premises for compensation, excluding clinics, hospitals and similar institutions devoted to the diagnosis, treatment or care of the sick or injured.

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

Office: A room or building in which a person transacts business or carries on an occupation.

One-hundred-year flood: A flood that, on the average, is likely to occur once every one hundred (100) years, i.e., that has a one (1) percent chance of occurring each year, although the flood may occur in any year.

Open space: An area of land associated with and located on the same tract of land as a major building or group of buildings in relation to which it serves to provide light, air, scenic, recreational or similar purposes. Such open space shall be so located and treated as to enhance the amenity of the development by providing landscaping features, screening for the benefit of occupants of neighboring areas or a general appearance of openness.

Open space easement: An easement tied to the title of the land restricting the development rights so as to ensure the retention of the land as open space.

Planned development: The submission of one (1) or more contiguous lots under single ownership or unified control, planned as a whole for development in a single or programmed series of operations according to an approved master plan which may include multiple land uses.

Planning Commission: The Planning Commission of Henry County, Virginia.

Planning Director: The Planning Director of Henry County, Virginia.

Public open land: Land given to Henry County for parks, playgrounds or undeveloped open space with the intention of making it available for public use.

Public water and sewer systems: A water and sewer system serving three (3) or more dwellings and which is owned and operated by a municipality or county or owned and operated by a private individual or a corporation approved by the governing body and properly licensed by the State Corporation Commission.

Restaurant: Any business that sells food and drink and provides seating inside and/or outside the building for consumption on the premises.

Retaining wall: A wall designed to resist the lateral displacement of soil or other material. A retaining wall shall not be considered an accessory structure and shall be permitted to be constructed on a property line.

Road: See Street.

Sawmill, permanent: A sawmill permanently located for the purpose of processing timber without regard to point of origination.

Sawmill, temporary: A sawmill located on private property for the processing of timber cut only from that property or from property immediately contiguous and adjacent thereto, or incidental processing of timber transported from other property.

School: An institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the applicable Statutes of the State. High schools include junior and senior grades.

Setback line: A line parallel to the front property line or centerline of street right-of-way (as applicable), extending the full width of the lot and being a specified distance at all points from the front property line or centerline of street right-of-way (as applicable), and thus defining an area in which no building or structure may be constructed.

Shopping center: A development that contains three (3) or more commercial establishments which are planned, developed or managed as a unit related in location, size and type of shops to the area that the unit serves and provides on-site parking in relationship to the size and type of stores.

Sign: Any display of letters, figures, designs, devices, pictures, logos, emblems, insignia, numbers, lines or colors, or any combination thereof, visible to the public for the purpose of making anything known or attracting attention. The flag, emblem, insignia, poster or other display of a nation, political units, educational, charitable, religious or similar group, campaign, nonprofit drive or event, or the architectural features or characteristics of a building which do not have an advertising message on or as an integral part thereof, shall not be included within the meaning of this definition. Nor shall any of the previously mentioned displays be included within the meaning of this definition when such displays are located within a building or other enclosure and are not visible from the exterior of the building or other enclosure.

Sign area: The area of a sign computed as the smallest square, rectangle, triangle, circle or combination thereof encompassing the entire advertising copy area, excluding illuminating devices and structural supports. For the purpose of computing area, (for) a sign consisting of two (2) or more sides, where the interior angle between any of the sides exceeds sixty (60) degrees, each side shall be counted when computing sign area.

Sign, business: A sign which directs attention to a business, commodity, service or other activity conducted upon the premises upon which such sign is located.

Sign, general advertising: A sign which directs attention to a product, commodity, or service not necessarily available on the premises.

Sign, home occupation: A nonilluminated sign directing attention to a product, commodity, or service available on the premises, but which product, commodity, or service is clearly a secondary use of the dwelling.

Sign identification: A sign on the premises bearing the name of a subdivision, the name of a group housing project or of a school, college, park, church, or other public or quasi-public facility, or a professional or firm name plate, but bearing information pertaining only to the premises on which such sign is located.

Special exception: A special use not permitted in a district except by a special use permit granted under the provisions of this chapter.

Storage building, private: An accessory building designed for the storage of personal property used by the occupants of the building to which it is an accessory use. No private storage building shall be used for living quarters or commercial use.

Storage building, public: A structure used for the purposes of warehousing or for storage as an accessory to commercial or industrial uses.

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

Story, half: A space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (⅔) of the floor area is finished off for use.

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

Street or road: A public right-of-way which affords principal means of access to abutting property.

Street private: An access way which is not owned or maintained by the public but affords principal access to abutting property.

Structural alteration: Any change in the structural members of a building, such as walls, columns, beams or girders.

Structure: Anything constructed or erected which requires permanent location on the ground, or attachment to something having a permanent location on the ground, including structures within the definition of mobile home or manufactured home when not used as a dwelling.

Temporary use: A prospective use of any land, property, or structure, intended for a limited duration of time and at an appropriate location as determined by the Zoning Administrator. Such use shall be terminated within thirty (30) days after the completion of any project.

Tower: Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

Townhouse: A series or group of single-family dwelling units consisting of three (3) or more units in a structure in which each unit is separated from the other by solid common walls.

Transient storage: The keeping of goods or materials being transported from the location of generation to the location of use or disposal for a period of time not to exceed ten (10) days.

Travel trailer: A vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use, with the manufacturer's permanent identification "Travel Trailer" thereon, and when factory equipped for the road, being of any length provided its gross weight does not exceed forty-five hundred (4,500) pounds, or being of any weight not exceeding twenty-eight (28) feet.

Use: The purpose for which land, a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be, occupied or maintained.

Use, nonconforming: A building, structure or premises legally existing or used at the time of adoption of this chapter, or any amendment thereto, and which does not conform with the use regulations of the district in which located. Any such building, structure or premises conforming in respect to use but not in respect to height, area, yards or courts or distance requirements from more restricted districts or uses, shall not be considered a nonconforming use.

Variance: A reasonable deviation from those provisions of this chapter regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure when the strict application of this chapter would result in unnecessary or unreasonable hardships to the property owner and such need for a variance would not be shared generally by other properties, and, provided such variance is not contrary to the intended spirit and purpose of this chapter and would result in substantial justice being done.

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

Yard front: A yard extending across the front of a lot between the front lot line and the nearest line of the main building.

Yard rear: A yard extending across the rear of a lot between the rear line of the lot and the nearest line of the rear of the main building.

Yard side: A yard lying between the side lot line of the lot and the nearest line of the side of the main building from the front yard to the rear yard.

(Ord. of 7-27-92, § II; Ord. of 7-19-94, § 1, Ord. of 1-27-97; Ord. of 8-24-98; Amend. of 2-26-08; Amend. of 6-28-11)

Except as hereinafter provided for existing uses, no land, buildings, structures or premises shall be used; and no building, or part thereof, or other structure, shall be erected except in conformity with the regulations herein specified for the district in which it is located.

The Board of Supervisors, from time to time, may, by ordinance, amend, supplement, change or repeal any of the provisions of this chapter, district boundaries or classification of property as shown on the Zoning Maps. Any such amendment may be initiated by resolution of the Board of Supervisors, by motion of the Planning Commission or by petition of any property owner, addressed to the Board of Supervisors or the Planning Commission who shall forward such petition to the Board of Supervisors, who, after conducting hearings and receiving recommendations as provided by this chapter shall make a resolution or motion concerning the proposed amendment. Any such resolution or motion by such governing body or commission proposing the rezoning, shall state the public purposes thereof.

Shall be advertised in accordance with section 15.2-2204, Code of Virginia, as amended.

An application for a change in zoning districts presented for public hearing before the Planning Commission and Board of Supervisors shall be considered in process after action by the Planning Commission as required in Section 21-106. No application for the same request shall be considered within six (6) months of a prior application already processed.

A.

Any person who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten dollars ($10.00) and not more than one thousand dollars ($1,000.00). Each day such violation shall continue shall be a separate offense.

B.

In addition to the requirements and penalties specified above, the Zoning Administrator may, and it shall be his duty to, invoke any other lawful procedure available to the County such as injunction, abatement or otherwise, as may be necessary to prevent, restrain, correct or abate any violation of this chapter.

C.

The Zoning Administrator or his agents may enter upon or search any real estate or improvements thereon only after first obtaining a valid search warrant unless either:

1.

The entry or search is made pursuant to a knowing and intelligent consent by the property owner;

2.

A violation of this chapter is in plain view; or

3.

A violation of this chapter occurs in the presence of the Administrator or his agents.

A.

In accordance with the authority granted to Henry County per sections 15.2-2296 through 15.2-2297, Code of Virginia, as amended, the owner of property for which an amendment is requested may voluntarily proffer in writing reasonable conditions, in addition to the applicable regulations of the requested zoning district. All proffered conditions must be signed by the owner of the property.

B.

The Board of Supervisors may approve reasonable conditions to the rezoning provided all conditions proffered by the owner meet the following standards:

1.

The rezoning itself must give rise for the need for the conditions.

2.

The conditions shall have a reasonable relation to the rezoning.

3.

The conditions shall be in conformity with the comprehensive plan.

4.

The conditions must be clearly understood and enforceable.

5.

The conditions must not require or allow a design or standard that is less restrictive than the general provisions of this section.

C.

Any such conditions should be submitted prior to the start of the Commission's public hearing on the amendment. All conditions shall be submitted prior to the start of the Board's public hearing, and shall also be submitted in accord with any adopted Board policy pertaining to the submittal of proffers. If proffered conditions which substantially modify the impact of the proposed use, are made by the owner after the commission's recommendation, the Board may refer the amendment back to the Commission for further review. The Commission shall have the authority to schedule a new public hearing for any request so referred. The applicant shall be responsible for all advertising associated with the new public hearing.

D.

The Commission and the Board shall not be obliged to accept any or all of the conditions made by the owner.

E.

The Administrator shall be vested with all necessary authority on behalf of the Board to administer and enforce the conditions attached to a rezoning or amendment to a zoning map, including:

1.

The ordering in writing of the remedy of any noncompliance with such conditions.

2.

The bringing of legal action to insure compliance with such conditions.

3.

Requiring a guarantee or contract, or both, for construction of physical improvements required by the condition(s) which guarantee may be reduced or released by the Administrator upon submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.

F.

Failure of a property owner to meet all conditions accepted by the Board shall constitute cause to deny approval of a site development plan, or deny issuance of a zoning permit, building permit, or certificate of zoning compliance, as may be appropriate.

G.

The zoning map shall show by an appropriate symbol on the map the existence of conditions attached to the zoning on the map. The Administrator shall keep and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating the conditions in addition to the regulations provided for in a particular zoning district or zone.

H.

Any zoning applicant, or any other person aggrieved by a decision of the Administrator made pursuant to the provisions of section 21-109, may petition the Board for the review of the decision of the Administrator. All such petitions for review shall be filed with the Administrator within thirty (30) days from the date of the decision for which review is sought. All such petitions shall specify the grounds upon which the petitioner is aggrieved.

I.

Any request by an applicant to amend conditions that were voluntarily proffered and accepted by the Board shall be considered an amendment to the zoning ordinance, and shall be reviewed pursuant to section 21-105.

J.

There shall be no amendment or variation of conditions created pursuant to the provisions of this article until after a public hearing by the Commission and Board advertised pursuant to the provisions of the Code of Virginia, section 15.2-2204, as amended. The cost of all public advertisements shall be the responsibility of the applicant.

(Ord. of 2-24-97)

A.

When required. All proposed development, except one- and two-family dwellings on individual lots, which involves new construction or additions or alterations to existing facilities shall submit a proposed site plan to the Zoning Administrator for approval.

B.

Preapplication conference. Before filing application for approval of a site plan, the developer may confer with the Administrator and such other County departments as he or the Administrator deems advisable concerning the proposal.

C.

Procedure for site plan approval. The following steps shall be observed in seeking approval for a proposed plan:

1.

The developer shall prepare, or cause to be prepared, a site plan of the proposed development along with other materials or information necessary to fully describe the project.

2.

The site plan and related information shall be submitted to the Administrator. The plan shall be accompanied by an application of such form and content as may be prescribed by the Administrator.

3.

The Administrator shall review the plan for compliance with this chapter and other applicable County regulations, including the Subdivision regulations and the Comprehensive Plan.

The Administrator shall, during the process of review, call for opinions or decisions, either verbal or written, from other departments or agencies in considering details of any submitted plan. Those departments or agencies consulted shall include, but not be limited to, the Public Service Authority, the Building Inspection Office, Department of Public Safety, Virginia Department of Health, and the Virginia Department of Transportation.

4.

The Administrator shall act upon the site plan and related material as submitted by the developer, or as modified by the review process, within twenty (20) working days of receipt of the most recent version of the plan, and if approved, shall certify its approval and state the conditions of such approval, if any, or if not approved shall indicate its disapproval and the reasons therefore.

5.

In the event the developer should disagree with the decision of the Administrator, he shall within thirty (30) days of the decision, request a hearing of the matter before the Board of Zoning Appeals. The hearing shall be placed on the agenda of the next regularly scheduled meeting of the Board of Zoning Appeals. The Board of Zoning Appeals may, upon hearing the request, confirm or reverse the decision of the Administrator or require such additional information as needed. The Board of Zoning Appeals shall reach a decision within sixty (60) days of the filing of a request for a hearing.

D.

Information required on site plan. The developer shall submit along with the application for approval, seven (7) copies of the proposed site plan, prepared, stamped and endorsed by a registered engineer, surveyor, architect, landscape architect, or other persons duly licensed by the Commonwealth of Virginia as such, and containing the following information:

1.

Topography of the site shown at contour intervals no greater than five (5) feet and indicating elevations of the finished grading.

2.

Proposed and existing uses, depicting the height, size, and location of structures with dimensions to lot lines.

3.

Proposed points of ingress and egress together with the proposed pattern of vehicular circulation.

4.

Location and extent of proposed parking facilities and loading areas as required by section 21-213.

5.

Proposed provisions for storm drainage and retainage systems and location of utility connections, including necessary easements. All electrical requirements including estimated size and type of service and location of transformers. The location of electrical meters and equipment rooms shall be shown on the site plan when they are not a part of the main structure/building. Drainage area maps and drainage calculations shall be submitted by request to the Engineering Division of the Public Works Department.

6.

Provisions and schedule for the adequate control of erosion and sedimentation in accordance with Program Administration of the Virginia Erosion and Sedimentation Control Regulations.

7.

All adjacent rights-of-way, with indication of centerline and pavement width, existing median cuts and intersections, and proposed improvements made necessary by the development.

8.

Other information that the Administrator or various County departments may require due to the size, location or nature of the project. This may include studies, surveys or additional details of previously submitted materials.

9.

The site plan shall be of a form and size suitable for review, drawn to scale, with all dimensions showing accurately the size and location of all proposed construction and improvements.

10.

All features and elements of the site plan required by this Chapter shall in all respects conform to all applicable provisions and standards of the Code of Virginia (1950), as amended, and the Code of Henry County.

E.

Minimum standards and specifications required.

1.

All improvements required by this chapter shall be built to, or exceeded, and shall be installed by and at the expense of the developer except when provided for in this or other ordinances.

2.

The width and nature of easements and rights-of-way shall be as determined in conference with representatives of the Virginia Department of Transportation, Henry County Public Service Authority and American Electric Power.

3.

Fire hydrants and water distribution systems shall be provided by the Developer in accordance with standards of the Henry County Public Service Authority when applicable.

4.

Provisions for storm surface drainage shall be in accordance with the design standards of the Virginia Erosion and Sedimentation Control Regulations, indicating location, size, types and grades of all sewers, drainage structures, ditches, either existing or proposed, and connection to existing drainage systems. Disposition of storm or natural waters, both on and off the site, shall be provided in such a manner as not to have a detrimental effect on the property of others or the public right-of-way.

5.

Traffic control, signalization, turn lanes, by-pass lanes and other improvements required to be made to public streets, alleys, and rights-of-way shall be provided when, based upon traffic studies, public safety considerations would require such measures.

6.

All driveways and entrances to public rights-of-way and location thereof shall be in accordance with the standards of the Virginia Department of Transportation.

F.

Waiver of plan requirements. When the Administrator determines that a project is of a minor nature or would cause a minimum impact on surrounding private or public facilities, the Administrator may waive any or all of the site plan requirements, including the requirement that the site plan be prepared, stamped and endorsed by a registered engineer or surveyor. In reaching such decisions, the Administrator shall again consider the recommendations of the various County departments.

G.

Building permit. The Building Official shall not issue a building permit for a proposed project until he has received from the Administrator a copy of the approved site plan or a written notice of waiver of the site plan requirements.

H.

Amendment to an approved plan. If it becomes necessary for an approved site plan to be amended, such an amendment may be made with the approval of the Administrator. If a proposed amendment will in the opinion of the Administrator affect the terms of the original approval, he may require that a new plan be developed and submitted for review and approval in accordance with the provisions of this section.

(Ord. of 8-24-98)

21-111.1. Telecommunication towers and antennas. The purpose of this chapter is to establish general guidelines for the siting of towers and antennas. The goals of this chapter are to: (i) encourage the location of towers in non-residential areas and minimize the total number of towers and tower sites throughout the community, (ii) encourage strongly the joint use of new and existing tower sites, (iii) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal, (iv) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas, and (v) to provide adequate sites for the provision of telecommunication services with minimal negative impact on the resources of the County.

This chapter is intended to comply with all federal and state regulations.

21-111.2. Applicability.

21-111.2-1. District height limitations. The requirements set forth in this chapter shall govern the location of towers that exceed, and antennas that are installed at greater than, seventy-five (75) feet in height.

21-111.2-2. Amateur radio and receive-only antennas. This chapter shall not govern any tower, or the installation of any antenna, that is (1) under seventy-five (75) feet in height and is owned and operated by a federally-licensed amateur radio station operator or is (2) used exclusively for receive only antennas for amateur radio station operation.

21-111.2-3. Existing structures and towers. The placement of an antenna on or in an existing structure such as a building, sign, light pole, water tank, or other free-standing structure or existing tower or pole shall be permitted so long as the addition of said antenna shall not add more than thirty (30) feet in height to said structure or tower and shall not require additional lighting pursuant to FAA or other applicable requirements. Such permitted use also may include the placement of additional buildings or other supporting equipment used in connection with said antenna so long as such building or equipment is placed within the existing structure or property and is necessary for such use.

21-111.3. General guidelines and requirements.

21-111.3-1. Principal or accessory use. For purposes of determining compliance with area requirements, antennas and towers may be considered either principal or accessory uses. An existing use or an existing structure on the same lot shall not preclude the installation of antennas or towers on such lot. For purposes of determining whether the installation of a tower or antenna complies with district regulations, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased area within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

21-111.3-2. Inventory of existing sites. Each application for an antenna and or tower shall provide to the Henry County Planning Department an inventory of its existing facilities that are either within the locality or within five miles of the border thereof, including specific information about the location, height, and existing use and available capacity of each tower. The Planning Department may share such information with other applicants applying for approvals or Special Use Permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the locality, provided, however that the Planning Department shall not, by sharing such information, in any way represent or warrant that such sites are available or suitable.

21-111.3-3. Design; lighting. The requirements set forth in this section shall govern the location of all towers and the installation of all antennas governed by this chapter; provided, however, that the Board of Zoning Appeals may waive any of these requirements if it determines that the goals of this chapter are better served thereby.

a.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, non-reflective color with no glass.

b.

At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures.

c.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

d.

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Board of Zoning Appeals may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

e.

No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure.

f.

To permit co-location, the tower shall be designed and constructed to permit extensions to a maximum height of one hundred ninety-nine (199) feet.

g.

Towers shall be designed to collapse within the lot lines or lease area (if applicable) in case of structural failure.

21-111.3-4. Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas.

21-111.3-5. Building Codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations.

21-111.3-6. Information required. Each applicant requesting a Special Use Permit under this chapter shall submit a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses. The Planning Department may require other information to be necessary to assess compliance with this chapter. Additionally, applicant shall provide actual photographs of the site that include a simulated photographic image of the proposed tower. The photograph with the simulated image shall include the foreground, the midground, and the background of the site.

1.

An engineering report, certifying that the proposed tower is compatible for co-location with a minimum of three (3) users including the primary user, must be submitted by the applicant.

2.

The applicant shall provide copies of its co-location policy.

3.

The applicant shall provide copies of propagation maps demonstrating that antennas and sites for possible co-locator antennas are no higher in elevation than necessary.

(Ord. of 8-24-98)

The applicant shall obtain a Special Use Permit from the Board of Zoning Appeals before erecting towers or antennas covered by this article. The Board of Zoning Appeals shall consider the following factors in determining whether to issue a Special Use Permit, although the Board of Zoning Appeals may waive or reduce the burden on the applicant of one (1) or more of these criteria if the Board of Zoning Appeals concludes that the goals of this chapter are better served thereby.

a.

Height of the propose tower;

b.

Proximity of the tower to residential structures and residential district boundaries;

c.

Nature of the users on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

Proposed ingress and egress;

h.

Co-location policy;

i.

Language of the lease agreement dealing with co-location;

j.

Consistency with the comprehensive plan and the purposes to be served by zoning;

k.

Availability of suitable existing towers and other structures as discussed below; and

l.

Proximity to commercial or private airports.

(Ord. of 8-24-98)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Board of Zoning Appeals that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

a.

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

b.

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

c.

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

d.

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

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding the cost of new tower development are presumed to be unreasonable.

f.

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

(Ord. of 8-24-98)

The following setback requirements shall apply to all towers and antennas for which a Special Use Permit is required; provided, however, that the Board of Zoning Appeals may reduce the standard setback requirements if the goals of this chapter would be better served thereby.

a.

The tower must be set back from any off-site residential structure no less than four hundred (400) feet.

b.

Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures.

(Ord. of 8-24-98)

Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Board of Zoning Appeals may waive such requirements, as it deems appropriate.

(Ord. of 8-24-98)

The following requirements shall govern the landscaping surrounding towers for which a Special use Permit is required; provided, however, that the Board of Zoning Appeals may waive such requirements if the goals of this chapter would be better served thereby.

a.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the facilities.

b.

In locations in which the Board of Zoning Appeals finds that the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

c.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the Board of Zoning Appeals may determine the natural growth around the property perimeter may be sufficient buffer.

d.

Existing trees within two hundred (200) feet of the tower shall not be removed except as may be authorized to permit construction of the tower and installation of access for vehicle utilities. This provision may be waived by the Board of Zoning Appeals in a particular case.

(Ord. of 8-24-98)

Owners of towers shall provide the County co-location opportunities as a community benefit to improve radio communication for County departments and emergency services, provided it does not conflict with the co-location requirement of section 21-111.3-6.

(Ord. of 8-24-98)

Any antenna or tower that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned, and the owner of each such antenna or tower shall remove same within ninety (90) days of receipt of notice from the Planning Department notifying the owner of such removal equipment requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. The buildings may remain with owner's approval. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. ;hn0: (Ord. of 8-24-98)

The owner of each such antenna or tower shall submit a report to the Henry County Planning Department once a year, no later than July 1. The report shall state the current user status of the tower.

(Ord. of 8-24-98)

Any out of pocket costs incurred for review by a licensed engineer of any of the above required information shall be paid by the applicant.

(Ord. of 8-24-98)