This overlay district is established to promote the public health, safety, and welfare through the protection of public water supplies from water quality degradation and contamination. Regulations are designed to prevent toxic, organic, biological, chemical, and other forms of point and non-point source pollution impacts to the watersheds and drinking water sources. Land uses which will be compatible with maintaining high water quality, advancing reservoir protection and assuring environmental integrity are encouraged, while those which have the potential for water contamination or disruption of drinking water supplies are discouraged.

(Ord. of 10-26-92)

The boundaries of this district shall be drawn so as to include all lands that lie within the watershed or otherwise drain into a facility which can provide a major source of public drinking water to the citizens of Henry County or the City of Martinsville.

(Ord. of 10-26-92)

All uses permitted by right and with an approved special use permit in the Conservation Overlay District shall be as established by the underlying zoning district except as restricted by the requirements set forth in this section.

A.

The following uses shall be prohibited in this district.

1.

Storage, production or disposal of hazardous wastes.

2.

Transmission pipelines for liquified natural gas, liquid petroleum products, slurry coal and other solids or liquids. Local pipelines for the collection or distribution of water, sanitary sewer, storm sewer, natural gas and similar services are not prohibited.

3.

Land application of industrial waste, sewage treatment plant sludge and water treatment plant residues.

4.

Sanitary landfills, sludge dumps, ash dumps, debris depositories, and all similar uses. Clean dirt filling operations, however, may be allowed subject to a special use permit.

5.

Any establishment for the warehousing, manufacture, assembly, or servicing of materials or products which, as its primary function, produces, stores, or disposes of any hazardous or toxic material or waste. Any establishment which generates, utilizes, stores or disposes of any hazardous or toxic material or waste as an integral part of its production process, shall be permitted, provided that all federal and state regulations are met or exceeded. The storage, compounding, and application of herbicides, insecticides, pesticides, and fertilizers as a use incidental to agricultural and forestral operations shall be permitted if the substances are used and stored in accordance with manufacturer's directions and all federal and state regulations are met or exceeded.

6.

The bulk storage of petroleum products and compounds in tanks larger than twenty thousand (20,000) gallons; storage of petroleum products in tanks from ten thousand (10,000) up to twenty thousand (20,000) gallons shall not be allowed unless a special use permit has been approved by the Board of Zoning Appeals.

Establishments which offer the sale of gasoline at retail and utilize tanks not exceeding twenty thousand (20,000) gallons in capacity may be constructed and operated after a special use permit has been issued by the Board of Zoning Appeals.

B.

No person shall clear or grade land, build any structure, construct any sewage treatment facility, including septic tanks and drainfields, or perform any environmentally degrading activity within fifty (50) feet of a reservoir or a live stream tributary to a facility which provides public drinking water to the citizens of Henry County or the City of Martinsville. However, if it is shown to the Zoning Administrator, on advice of the agency or department responsible for distributing the drinking water, that the construction or activity will not degrade the water quality or otherwise be environmentally detrimental, then the construction or activity shall be permitted. The written opinion of a licensed professional engineer shall also be adequate evidence that the proposed construction or activity will not pose a significant threat to water quality or the environment. Agricultural and forestry operations shall be exempt from the requirements of this paragraph (section 21-1302B).

C.

For the purpose of this section, a live stream shall be defined as a perennial stream as indicated on the most recent version of the 7.5 minute quadrangle topographic maps as published by the United States Geological Survey.

(Ord. of 10-26-92; Ord. of 12-18-95, § 3)