Intensive agriculture includes the commercial raising of cattle, swine, poultry, and the drying and storage of grains, peas, beans and other agriculture products except for hay. All such facilities shall:

(1)

Setback 100 feet from any public road;

(2)

Setback 200 feet from any residential district;

(3)

Setback 400 feet from any residence not located on the same parcel, religious assemblies, public or private schools, and other public-owned facilities;

(4)

Submit an approved nutrient management plan and any federal and state permits.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Findings. The board hereby finds that the standards and restrictions in this section were established by considering their economic impact on agricultural operations and the agricultural nature of the events and activities authorized herein. The board further finds that one or more substantial impacts on the public health, safety, or welfare have been identified when a conditional use permit is required by this section. In addition, the board finds that the thresholds and standards established herein are the minimum necessary in order to prevent substantial impacts and thereby endanger the public health, safety, or welfare.

(b)

Applicability. This section applies only to the events and activities and does not apply to the agricultural operation itself.

(c)

Agritourism shall comply with the following general standards or apply for a conditional use permit:

(1)

Any agriculture operation event established in the county on or after the date of adoption of this chapter, may be held only if the agricultural operation to which it is subordinate has a minimum of five acres of land devoted to agricultural production on-site, or on any abutting lot under the same ownership, and at least one growing season each calendar year.

(2)

The event or activity will generate less than 100 visitor vehicle trips per day and each event or activity would have 150 or fewer attendees at any single time.

(3)

Parking may be provided on a pervious or impervious surface.

(4)

There shall be no outdoor use of amplified music between 9:00 p.m. and 7:00 a.m. on Sunday through Thursday and 10:00 p.m. and 7:00 a.m. on Friday through Saturday.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Small-scale conversion of biomass is subject to the following:

(1)

At least 50 percent of the feedstock is produced either on site or by the owner of the conversion equipment;

(2)

Any structure used for the processing of the feedstock into energy occupies less than 4,000 square feet, not including the space required for storage of feedstock;

(3)

The facility is setback 100 feet from any public road;

(4)

The facility is setback 200 feet from any residential or business district;

(5)

The facility is setback 400 feet from any residence no located on the same parcel, religious assemblies, public or private schools, and other public-owned facilities.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

An accessory dwelling unit can take the form of the following, subject to these restrictions.

(1)

An accessory dwelling unit that is contained within a single family dwelling may equal the existing finished square footage of the primary dwelling, such as a basement, attic, or additional level.

(2)

An accessory dwelling unit that is attached to the primary single-family dwelling, or as a dwelling unit located above a detached accessory structure, shall be no more than one-half the size of the finished square footage of the primary dwelling unit located on the subject property.

(3)

An accessory dwelling structure that is detached shall be no more than 800 gross square feet unless a conditional use permit has been approved.

(4)

Only one accessory dwelling is allowed per parcel.

(5)

A recreational vehicle, travel trailer, camper, or similar vehicle shall not be used as an accessory dwelling.

(6)

An accessory dwelling shall obtain all proper permits and comply with all applicable requirements of the Virginia Department of Health.

(7)

Accessory dwellings shall comply with all applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.).

(Ord. No. 09-21R2, Att. A, 9-27-2021; Ord. No. 08-22, 8-22-2022)

Microwave antennae (dishes) in excess of 24 inches in diameter used for reception of television signals from satellites shall not be located within the minimum front yard setback.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

House service lines and cables for electric power utilities, telephone and cable television service to residential uses shall be considered an accessory use under this chapter.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Temporary family health care structures shall be subject to the following standards:

(1)

Such structures shall comply with all setback requirements that apply to the primary structure.

(2)

Only one family health care structure shall be allowed on a lot or parcel of land.

(3)

The structure shall be no more than 300 gross square feet and shall comply with all applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.).

(4)

Prior to installing a temporary family health care structure, a permit must be obtained from the county and associated fees paid.

(5)

Any family health care structure shall comply with all applicable requirements of the Virginia Department of Health.

(6)

No signage advertising or promoting the existence of the structure shall be permitted on the exterior of the structure or anywhere on the property.

(7)

Any temporary family health care structure shall be removed within 60 days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired family member receiving services or assistance.

(8)

The county may revoke the permit if the permit holder violates any provision of this section.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Code of Virginia, § 15.2-2292.1.

On-site living quarters shall only be an accessory to a commercial use and shall be subject to the following:

(1)

Living quarters may be occupied only by owners or employees of the establishments, including on-site security officers, scientists, and lab technicians.

(2)

Any dwelling may be detached from the establishment to which it pertains or within the same structure as the establishment, subject to King William County building official and fire official approvals.

(3)

Not more than one dwelling unit or living quarters shall be permitted per establishment.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

The park shall contain not less than two contiguous acres and shall be under single ownership or control, except that minimum area may be one acre where the proposed park is to be located adjacent to an existing manufactured home park containing an area of one acre or more.

(b)

The minimum width and/or depth for a manufactured home park shall be 200 feet.

(c)

A portion of a manufactured home park consisting of not more than 25 percent of the area of the park may be designated for temporary parking of travel trailers, campers, or other recreational vehicles.

(d)

The overall density of the manufactured home park shall not exceed six units per gross acre and the net density of any particular acre within such park, whether used for manufactured homes or travel trailers, shall not exceed 12 units per acre. Land subject to flooding or otherwise unsuitable for residential use shall be excluded from density computations.

(e)

The minimum site area for individual manufactured homes shall be 3,600 square feet, and no manufactured home shall occupy more than 25 percent of the area of the lot on which it is situated. The minimum width for each lot shall be two and one-half times the width of the manufactured home, or 25 feet, whichever is greater. Minimum lot widths shall be measured at right angles to the long axis of the lot at the setback line or rear of the parking stand, whichever is less. No more than one manufactured home shall be parked on any one site, and no manufactured homes shall be offered for sale or sold. The minimum site area for travel trailer or camper sites shall be 2,500 square feet.

(f)

The manufactured home park shall comply with all sanitary and other requirements prescribed by law or regulations. Each manufactured home site shall be provided with individual water and sewer connections to central sewer and water systems designed to serve the entire manufactured home park.

(g)

Each manufactured home site shall be provided with electrical outlets installed in accordance with applicable codes and ordinances.

(h)

No manufactured home shall be parked closer than 75 feet from a public street or road, ten feet from an interior access drive, or 25 feet from any other manufactured home or service building, and no part of a manufactured home shall extend closer than five feet to the boundaries of the individual manufactured home site.

(i)

Access to the manufactured home park shall not be from a minor residential street. Number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, and no manufactured home space shall be designed for direct access to a street outside the boundaries of the park. Interior access drives shall be properly lighted and maintain a right-of-way 50 feet in width, hard surfaced and maintained at least 20 feet in width in accord with applicable county specifications and ordinances. Turning radius at the end of a cul-de-sac shall be 35 feet.

(j)

At least one off-street parking space shall be provided on each manufactured home site, and in addition one off-street parking space shall be provided per manufactured home in other locations convenient to groups of homes. On-street parking shall not be counted toward this requirement.

(k)

The topography of the site shall be such as to facilitate drainage, and adequate drainage facilities shall be provided.

(l)

The overall design shall evidence a reasonable effort to preserve the natural amenities of the site.

(m)

The manufactured home park shall be surrounded by a landscaped or wooded strip of at least 50 feet wide along all street or road frontage and along all exterior boundary lines.

(n)

Each manufactured home park shall provide not less than one multiple purpose developed recreational area of at least 10,000 square feet in area for the use of occupants of the park.

(o)

Any part of the manufactured home park not used for buildings or other structures, off-street parking, recreation uses, drying yards, or garbage and trash collection stations or other uses shall be planted with appropriate ground cover, trees, flowers, shrub and grass lawns, all of which shall be properly maintained.

(p)

Each manufactured home site shall provide an appropriate outdoor living space to supplement limited interior space of a manufactured home. The minimum size of each such space shall be 250 square feet. Every such space shall be convenient to the entrance of the manufactured home, appropriately related to open areas of the lot and other facilities, adapted to terrain and natural features, and related to anticipated manufactured home models.

(q)

The park owner shall require and the unit owner shall ensure that space beneath each manufactured home shall be skirted with approved material in accordance with the requirements of the zoning administrator.

(r)

Corners for each manufactured home site shall be clearly defined by permanent ground markers corresponding to the approved site plan.

(s)

All utilities shall be underground, except control instruments and substations which must be screened by planting or ornamental walls or fences. No overhead wires shall be permitted within the park.

(t)

No existing manufactured home park shall be enlarged or extended unless the entire park is brought into substantial compliance with all requirements for a new manufactured home park.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

No recreational vehicle or similar equipment shall be used for permanent living, sleeping, or other occupancy when parked or stored on a residential lot, or in any other location not approved for such use.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Nothing in this chapter shall prohibit the temporary placement of a manufactured home on a lot as an accessory structure strictly for the purpose of providing emergency housing for displaced occupants; provided, however, that:

(1)

The emergency housing is necessitated because an occupied single-family dwelling or manufactured home was substantially destroyed or rendered unlivable because of burning, flooding, or was otherwise damaged or destroyed by any cause to a degree so as to make it unsafe or unhealthy for human occupancy.

(2)

The manufactured home is placed in the location on the property specified by the zoning administrator.

(3)

The manufactured home is provided with a water supply and sewage disposal system approved by the health officer.

(4)

The manufactured home shall be removed from the site when the damaged dwelling is repaired or replaced or within 12 months, whichever shall come first. The zoning administrator may, however, grant an extension not to exceed an additional six months.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

No more than eight units shall be constructed contiguously.

(b)

The façades of individual units within any contiguous row shall be sufficiently varied in their materials, design, or appearance as to visually distinguish them as individual dwelling units.

(c)

Any provided open space shall be owned and maintained by the developer, until such time as it is turned over to the ownership and maintenance of an approved homeowners' association.

(d)

Public water and public sewer service shall be provided.

(e)

Each unit shall be erected or placed on a specifically designated land area or on a lot containing not less than 2,000 square feet. The remaining area required to meet minimum district lot area requirements shall be incorporated into useable and accessible common open space or spaces and/or private vehicular access or parking areas.

(f)

The development or project shall be designed to promote harmonious relationships with surrounding adjacent and nearby developed properties and to this end may employ such design techniques as may be appropriate to a particular case.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

The approval of a cemetery shall include the following uses without further zoning approval required: all uses necessarily or customarily associated with interment of human remains, benches, ledges, walls, graves, roads, paths, landscaping, and soil storage consistent with federal, state, and local laws on erosion and sediment control.

(b)

Mausoleums, columbaria, chapels, administrative offices, and maintenance storage areas that are shown in the applicant's plan of development shall not require additional local legislative approval provided such structures and uses are developed in accordance with the original plan of development. This subsection shall not supersede any permission adopted pursuant to Code of Virginia, § 15.2-2306.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

The outside storage for supplies, materials, or heavy equipment must be in the rear yard and screened from any non-industrial zoned parcels or rights-of-way in accordance with the landscape section of this chapter.

(b)

Outside storage areas shall not exceed 35 percent of the total area of the site.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

General standards. Any outdoor activity area, swimming pool, ball field, or court which adjoins a residential use type shall include screening and buffering in accordance with the landscape section of this chapter.

(b)

Where nighttime lighting is proposed it shall be fully shielded and large evergreen trees shall be required to appropriately screen any adjoining residences in accordance with the landscape section of this chapter. Any such night-time lighting shall be constructed in accordance with the lighting standards set forth in this chapter.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Permitted stores, shops, offices, or businesses in the B-1 and B-2 districts shall in general be conducted wholly within a completely enclosed building and except for temporary display items as limited by the regulations of this chapter there shall be no exterior storage of merchandise or materials unless these are enclosed within a masonry wall, screening fence, hedge, or landscape screen not less than six feet in height.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

The principal use of the property is primarily for business;

(b)

The floor area occupied by the accessory apartment shall be no larger than one-half the area of the total floor area occupied by the main business building, but in no case shall the accessory apartment occupy more than 1,200 square feet; and

(c)

The residential use is in accord with the on-site business and adjacent land uses within the community.

(d)

Parking for the business must meet the requirements outlined in the parking section of this chapter plus one space per apartment.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

All automobile repair services shall meet the following minimum standards:

(a)

All vehicles stored on the premises in excess of 72 hours shall be placed in a storage yard.

(b)

No exterior display or storage of new or used automobile parts is permitted.

(c)

There shall be no storage of motor vehicles in landscaped areas or within ten feet of the public road right-of-way.

(d)

The use shall be designed to ensure proper functioning of the site in regard to vehicle stacking, circulation, and turning movements.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Bed and breakfasts shall be subject to the following minimum standards:

(1)

The operator shall hold a valid business license from the county and, where applicable, a permit from the Department of Health.

(2)

A registration book must be maintained for one year and be made available for review by the county upon request.

(3)

Every room occupied for sleeping purposes shall comply with Uniform Statewide Building Code.

(4)

Signage must comply with the signage regulations of this chapter.

(5)

No changes shall be made to the building exterior that would detract from its appearance as a single family dwelling.

(6)

Physical and aesthetic impact of required off-street parking shall not be detrimental to the existing character of the house and lot or to the surrounding neighborhood.

(7)

Any additions or modifications for the bed and breakfast shall be residential in appearance and compatible with the original structure and surrounding structures and the overall footprint of the original structure.

(8)

Bed and breakfasts are to be integrated into the residential fabric of the neighborhood in which they are located. A proposed bed and breakfast should not affect the integrity or character of the single-family residential neighborhood for which it is proposed.

(9)

Off-street parking shall be screened from surrounding family residences by landscaping or fencing which is compatible with the neighborhood.

(10)

Guest rooms shall not have cooking facilities.

(11)

The maximum stay for a guest shall be 14 days.

(12)

Bed and breakfast establishments are permitted solely to provide lodging and breakfast accommodations. Additional activities, including receptions, parties and other events, are not permitted unless specifically authorized by the conditional use permit. Authorization for additional activities will be based on the suitability of the house and property for hosting such events. Specific consideration will be given to the floor plan of the house, the proximity of the house to neighboring houses, the size of the lot, provisions to buffer the effects of such activities from adjacent property and the ability to provide parking for such events.

(13)

Bed and breakfast establishments must be occupied by the owner except as outlined in the definitions.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

The youth group cabin and campgrounds are for the exclusive use of youth groups, which are defined as recognized, nonprofit organizations, or affiliated with a school, church, or recognized youth organization whose members are 17 or younger. A recognized group must be organized with by-laws, have an Article of Incorporation filed with the Secretary of State, and be insured with a current certificate of insurance on file.

(b)

Only members of qualifying groups with their accompanying leaders may camp in these areas.

(c)

Adult supervision of one group leader 21 or older for every ten members 17 or younger is mandatory for the duration of the stay.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

The area shall contain not less than two contiguous acres.

(b)

The overall density of camping sites shall not exceed 20 units per acre, and no site shall be less than 2,000 square feet in area.

(c)

The camping area shall be properly located with respect to access roads and existing and future developed areas.

(d)

The camping area shall comply with all sanitary and other requirements prescribed by law or regulations.

(e)

The overall design shall evidence a reasonable effort to preserve the natural amenities of the site.

(f)

Accessory structures or recreation facilities, washrooms, swimming pools, game courts, and the like shall not be located closer than 100 feet to any campground boundary or closer than 200 feet to any property line.

(g)

Campsites in a campground are limited to one camping unit and a maximum of six persons or immediate family members.

(h)

No person directly or indirectly, shall conduct, control, manage, operate, or maintain a campground, or offer campsites for occupancy within the county without first making application for and receiving a valid permit from the health department for the operation of the campground or campsite.

(i)

Camping is limited to 14 consecutive days.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

All car washes shall comply with the following general standards:

(1)

Car washes shall be located and designed so that vehicular circulation does not conflict with traffic movements in adjacent streets, service drives, and/or parking areas.

(2)

Car washes shall be constructed in a design similar to the building character of the surrounding area.

(3)

Parking shall be located behind the front line of the principal building.

(4)

Any use that has a car wash shall treat the car wash as a primary use

(5)

No sales, repair, or outside storage of motor vehicles shall be conducted on the site.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Commercial outdoor sports and recreation areas shall include screening and buffering in accordance with the landscape section of this chapter.

(b)

Where nighttime lighting is proposed, it shall be fully shielded, and large evergreen trees shall be required to appropriately screen adjoining residences.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

The minimum lot size is ten contiguous acres.

(b)

The minimum setback to existing off-site dwellings not owned by the subject property owner shall be 200 feet.

(c)

The minimum setback to property lines and/or rights-of-way not owned by the subject property owner shall be 100 feet.

(d)

The unit may not be used for disposal of waste, household trash, or garbage.

(e)

Only one animal or human may be cremated at a time.

(f)

The unit shall either be fully concealed within a building to appear as a garage, shed, barn or other permitted residential or agricultural accessory structure or shall be fully screened from view from adjacent properties not owned by the subject property owner and any public roads, rights-of-way or easements, by an opaque fence, new evergreen plantings, existing vegetation or natural topography, which must be maintained or replaced as needed to screen the unit.

(g)

The unit shall be located or constructed so that deliveries and pick-ups for cremation shall not be at any time visible from adjacent properties not owned by the subject property owner and any public roads, rights-of-way, or easements.

(h)

Any subjects not cremated immediately upon delivery shall be kept in refrigerated storage to prevent decomposition.

(i)

There shall be no on-site burials.

(j)

No on-site advertising signage shall be permitted for the use.

(k)

The use shall not produce hazardous, objectionable or offensive conditions at or beyond property line boundaries by reasons of dust, odor, lint, smoke, cinders, fumes, noise, vibration, heat, glare, solid and liquid wastes.

(l)

The use shall comply with all local, state and federal requirements, including, but not limited to, EPA and DEQ standards for air quality emissions.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The following general standards shall be applicable to day care centers.

(1)

All day care centers shall comply with any and all requirements of county and state codes, including but not limited to, obtaining a zoning permit, maintenance of a county business license, and maintain a state license in accordance with the state code, as applicable.

(2)

Parking. Designated arrival and departure zones shall be located adjacent to the day care center in such a manner that children do not have to cross vehicle traffic aisles to enter or exit the center. Arrival and departure areas shall include at least one parking/stacking space per ten children.

(3)

Outdoor recreation areas shall be safely separated from all parking, loading, and service areas.

(4)

Fencing. A fence a minimum of four feet in height shall completely enclose the outdoor recreation area so that children are safely contained.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The following general standards shall apply to all drive-thru facilities:

(1)

All drive-thru entrances must be at least 50 feet from an intersection. The distance is measured along the property line from the junction of the two street lot lines to the nearest edge of the entrance.

(2)

Drive-thru facilities shall be located and designed so that vehicular circulation does not conflict with traffic movements in adjacent streets, service drives, and/or parking areas.

(3)

Off-street stacking spaces shall be provided in accordance with the following requirements:

a.

Stacking spaces shall not interfere with travelway traffic or designated parking spaces.

b.

Stacking spaces shall be at a minimum of 18 feet in length.

c.

Stacking spaces shall be located to the side or rear of the principal structure and shall not be adjacent to any street right-of-way.

d.

Off-street stacking spaces shall be provided in accordance with the following table:

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Event venues shall comply with the following general standards:

(1)

Structures used for an event in whole or in part and requiring a building permit by King William County code must have a valid certificate of occupancy prior to use.

(2)

The minimum yard setbacks for the district shall apply to all structures, including but not limited to, tents and portable toilets that are used in whole or in part for the event.

(3)

Parking may be provided on a pervious or impervious surface. If the parking area is on grass or in a field, the applicant shall reseed or restore the parking area within 30 days of the event.

(4)

The private water supply and onsite sewage system serving the event shall be approved by the Virginia Department of Health.

(5)

Temporary improvements to accommodate the event, such as but not limited to tents and portable toilets, must be removed within 48 hours of the event's cessation.

(6)

Signs advertising the event must comply with the sign article of this chapter.

(7)

Lighting for the event must comply with the exterior lighting standards article of this chapter.

(8)

There shall be no outdoor use of amplified sound later than 9:00 p.m. on Sundays through Thursdays or later than 10:00 p.m. on Fridays or Saturdays.

(9)

The zoning administrator must be notified at least 30 days prior to each event.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Financial institutions shall comply with the following general standards:

(1)

Exterior lighting shall be compatible with the surrounding neighborhood and follow the standards in the article XII, lighting.

(2)

Entrances to the site shall be minimized and located in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(3)

Loading areas shall be located as to minimize the impact on the surrounding neighborhood.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The funeral home shall have a buffer between it and any residentially-zoned property abutting or directly across the street from the funeral home use in accordance with the landscape section of this chapter.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Gasoline stations shall be subject to the following general standards:

(1)

Applicants shall demonstrate that the use will be compatible with the neighborhood with regards to traffic circulation, parking, and appearance and size of structures.

(2)

Entrances to the site shall be minimized and located in a manner promoting safe and efficient traffic circulating while minimizing the impact on the surrounding neighborhood.

(3)

Dumpsters shall be located to minimize view from off-site areas and shall be fully screened by a wall constructed of the same material and color as the principal structure.

(4)

The zoning administrator may require a traffic analysis to be provided by the applicant. Such analysis may include, but not be limited to, the proposed traffic flows, sight visibility for emerging vehicles, and other public safety factors.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

All home occupations shall be subject to the following general standards:

(1)

The area devoted to the home occupation shall not exceed more than the equivalent of one-half of one floor of the dwelling unit.

(2)

Use shall be conducted as an accessory use and shall not change the character of the dwelling unit nor have any exterior evidence of its use.

(3)

No commodity is stored or sold, except such as are made on the premises.

(4)

The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the area.

(5)

The home occupation shall not increase the demand on public water, public sewer, or garbage collection services to the extent that its use combined with the residential use of the dwelling shall not be significantly higher than is normal for residential uses.

(6)

The equipment used by the home-based business and the operation of the business shall not create any noise, vibration, heat, glare, dust, odor or smoke discernible at the property lines or use or store hazardous materials in excess of quantities permitted in residential structures.

(7)

The operator of a home occupation use shall secure a county business license and obtain a home occupation use permit.

(8)

Approval of a home occupation use shall be revocable at any time by the county because of the failure of the owner or operator of the use covered by the approval to observe all requirements of law with respect to the maintenance and conduct of the use and all conditions imposed in connection with the approval.

(9)

Approval of a home occupation use shall stand revoked, without any action by the county, if the use authorized has been intentionally abandoned, has ceased for a period of one year, has not commenced within one year of approval, or does not have a current business license.

(10)

No displays or signs shall be allowed indicating that the building is being utilized as a business.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Additional standards in the B-2 district.

(1)

Parking shall be located behind the front line of the principal building.

(2)

The structure shall match the scale and mass of the surrounding structures as determined by the zoning administrator.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

All commercial kennels must:

(1)

Setback 100 feet from the property lines;

(2)

Setback 200 feet from any residence not on the associated parcel;

(3)

Provide screening that is approved by the zoning administrator that visually blocks the front and closest side property lines.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

The marina or yacht club shall comply with all other codes, regulations, laws, and ordinances, including the requirements of the U.S. Army Corps of Engineers.

(b)

The proposed design shall be satisfactory as regards to such safety features as location of fueling points, fuel stations, effect on navigation, and possibilities for water pollution.

(c)

The marina or yacht club shall be properly located with respect to access roads and existing and future developed areas.

(d)

The location of piers, docks, ramps, and other facilities and dredged areas shall be such as to minimize damage to wetlands.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Ministorage warehouse buildings shall have the outer walls of such buildings made of material approved to be fire resistant under the Virginia Uniform Statewide Building Code.

(b)

Parking requirements shall be based on the number of storage units provided and the square footage of the office area. Parking spaces shall be located near the office at the rate of one space per 400 square feet of office area (minimum two spaces) plus one space per 50 storage units or fraction (minimum two spaces) plus one handicapped parking space.

(c)

Space shall be provided near the door to each storage unit, or near the access door for storage units inside a multistory building, sufficient for a car or truck to unload. Within the project, aisles which have units (doors) on both sides shall be a minimum of 30 feet wide (two ten-foot parking lanes; one ten-foot travel lane); for aisles with units (doors) on one side only, the aisle shall be a minimum of 25 feet (one ten-foot parking lane; one 15-foot travel lane). The aisle width from the road to the storage facility's entrance gate shall be a minimum of 25 feet wide.

(d)

The storage buildings shall be limited to three stories, with a maximum of 45 feet in height.

(e)

All storage buildings constructed along the perimeter of the site shall face the center of the property. All circulation on-site shall be designed to be internal; no aisles shall be placed between a building and a property line unless only one building is proposed on a site.

(f)

The property shall be screened around the perimeter with the rear wall of a building, a six-foot fence, or plantings to serve as continuous screening.

(g)

All on-site lighting shall be located and shielded to keep glare off of adjoining properties.

(h)

Conversion of any self-storage facilities to any other uses shall require review for zoning compliance.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The following general standards shall apply to all medical offices.

(1)

Entrances to the site shall be minimized and located in such a way as to maximize safety, maintain efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(2)

Loading areas shall be sited in such a way to minimize the impact on any surrounding neighborhood.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Areas associated with retail uses shall be subject to the following standards:

(1)

Shall be limited to a maximum of five percent of the total lot area.

(2)

All surfaces will be graded and drained as to dispose of all surface water accumulated within the area to a public storm drain or on-site detention at the approval of the county.

(3)

Asphalt or concrete walkways or aisles shall be provided to permit all-weather customer access to all areas of the outdoor display.

For all uses, outdoor display shall be prohibited in the following areas:

(1)

Any off-street parking or loading areas used to meet the minimum requirements of this chapter;

(2)

Fire lanes;

(3)

Travelways; or

(4)

Sidewalks five feet or less in width.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

No outdoor display of goods or storage shall be permitted.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The following general standards shall apply to all drive-in restaurants:

(1)

Stacking spaces shall not interfere with the travel way traffic or designated parking spaces.

(2)

Stacking spaces shall be located to the side or rear of the principle structure and shall not be adjacent to any street right-of-way.

(3)

Six stacking spaces shall be located behind the order speaker and four stacking spaces shall be located between the order speaker and the pickup window.

(4)

Extended awnings, canopies, or umbrellas are permitted.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The following additional requirements apply to sales from a mobile restaurant operating on private property or within public spaces or rights-of-way, except when operating in conjunction with temporary, special events permitted under applicable sections of the county code:

(1)

Mobile restaurants must obtain a county mobile restaurant permit at least three business days prior to initial operation.

(2)

Mobile restaurants must maintain a valid business license issued by the county and a valid health permit issued by the Virginia Department of Health.

(3)

A mobile restaurant may operate on either public property or private business zoned property with written permission from the owner.

(4)

No items shall be sold other than food and beverages.

(5)

No music shall be played that is audible outside of the vehicle.

(6)

Mobile restaurant vehicles shall not block (i) the main entry drive isles or impact pedestrian or vehicular circulation overall, (ii) other access to loading areas, or (iii) emergency access and fire lanes. The mobile restaurant must also be positioned at least 15 feet away from fire hydrants, any fire department connection (FDC), driveway entrances, alleys, and handicapped parking spaces.

(7)

The vehicle and all accessory structures shall be removed each day.

(8)

No signs may be displayed except 1) those permanently affixed to the vehicle and 2) one, A-framed sign not to exceed four feet in height and six square feet of display for each of the two sides and the sign cannot block any passageways.

(9)

Trash receptacles shall be provided and all trash, refuse, or recyclables generated by the use shall be properly disposed of.

(10)

No liquid wastes shall be discharged from the mobile restaurant.

(11)

No mobile restaurant shall locate within 100 feet of the entrance to a business that sells food for consumption (determined by measuring from the edge of the mobile restaurant to the main public entrance of the restaurant) unless permission of the restaurant owner is provided.

(12)

No mobile restaurant shall locate within 100 feet of a single family or two-family residential use.

(13)

A mobile restaurant may operate at any farmer's market held on public or private property, if the food truck vendor is legally parked at the farmer's market and has received written permission from the farmer's market manager and displays such written permission upon request.

(14)

The operation of the mobile restaurant or use of a generator should not be loud enough to be plainly audible at 100 feet away. Excessive complaints about vehicle or generator noise will be grounds for the zoning administrator to require that the mobile restaurant vendor change location on the site or move to another property.

(15)

The requirements of this section shall not apply to mobile restaurant vendors at catered events (events where the food is not sold through individual sales but provided to a group pursuant to a catering contract with a single payer).

(16)

A mobile restaurant permit may be revoked by the zoning administrator at any time, due to the failure of the property owner or operator of the mobile restaurant permit to observe all requirements for the operation of mobile restaurants. Notice of revocation shall be made in writing to address of record for mobile restaurant permit holder. Any person aggrieved by such notice may appeal the revocation to the board of zoning appeals.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

In any zoning district, a temporary office trailer designed as an office and lacking kitchen facilities may be placed on any active construction site for the duration of the construction project. Any such temporary office shall be removed from the site within ten days after completion of construction. A similar temporary office may be used as a sales office in any major subdivision as defined in article XVIII, subdivisions, provided that such office shall be removed from the subdivision within ten days after sale of the last lot, or six months after recordation of the final plat, whichever is sooner.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

1.

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking and appearance. Drop-off areas may be located in the front yard but shall maintain a residential character and appearance.

2.

Exterior lighting shall be compatible with the surrounding neighborhood and follow the lighting restrictions and guidelines of this chapter.

3.

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

4.

The scale, massing, and building design shall be compatible with the surrounding neighborhood.

5.

The location, design, and construction of the site buildings shall prevent noise from being heard beyond the property boundaries.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

All such turkey shoots or shooting matches that use number eight shot shall be held such that all ranges shall be at least 300 feet from any and all property lines, and other size shot shall require a range of adequate distance as deemed appropriate by the zoning administrator utilizing information received from local or state law enforcement agencies or private ballistics experts.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

All private shooting ranges shall be at least 100 feet from a road and 300 feet from any dwelling that is not located on the subject property.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The following general standards shall apply to all shopping centers:

(1)

Entrances to the site shall be minimized and located in such a way as to maximize safety, maintain efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(2)

The scale, massing, and building design shall be compatible with surrounding developments. The structures shall be street oriented with pedestrian entrances from the street.

(3)

No outdoor display of goods shall be permitted.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Definitions. As used in this article, unless the context requires a different meaning:

Booking transaction means any transaction in which there is a charge to a transient by a host for the occupancy of any dwelling, sleeping, or lodging accommodations.

Guest or transient means a person who occupies a short-term business rental unit.

Short term business rental means a legally permitted dwelling unit or any portion of any legally permitted dwelling unit that is used or advertised for occupancy, for dwelling, lodging or sleeping purposes for a period of less than 30 consecutive days. This use type does not include bed and breakfast establishments and does not apply to month to month extensions following completion of a year's lease.

Primary resident (or host) means the owner of the short-term business rental, or lessee of the short-term business rental with a lease agreement that is one year or greater in length.

Residential dwelling unit means a residence where one or more persons maintain a household.

(b)

Business license and other requirements.

(1)

No host shall operate a short-term business rental without first obtaining an annual business license from the county.

(2)

A registration book must be maintained for one year and be made available for review by the county upon request.

(3)

No signage advertising a short-term business rental shall be allowed.

(4)

License may be revoked if more than three substantiated complaints are received within a one-year period. Revocation is for a minimum of one year but may be permanent at the discretion of the county.

(5)

Any short-term business rental in violation of zoning regulations, including operation without a license, is subject to all relevant penalties as set forth by the county.

(6)

The physical and aesthetic impact of required off-street parking shall not be detrimental to the existing character of the house and lot or to the surrounding neighborhood.

(c)

Safety. The unit shall meet all applicable building codes for a rental unit and the county may inspect any short-term business rental once per year for compliance with applicable building codes.

(d)

Site address. Building (dwelling) will have an approved address placed in a position that is plainly legible and visible from the street fronting the property. Structures obscured from street view or access roads in excess of 150 feet in length shall additionally post the numerical address at the roadway entrance.

(e)

Use regulations.

(1)

No recreational vehicles may be used in conjunction with the short-term business rental to increase the occupancy of the rental unit.

(2)

The host shall not permit occupancy of a short-term business rental unit for a period of less than overnight.

(3)

The name and telephone number of the host or the host's designee shall be conspicuously posted within the rental unit for guest(s).

(4)

The principal guest of a short-term business rental unit shall be at least 18 years of age.

(5)

The maximum number of adult guests in a short-term business rental unit is limited to six.

(f)

Business license suspension or cancellation.

(1)

A short-term rental business license may be suspended or cancelled for the following reasons:

a.

Failure to collect and/or remit the transient occupancy tax.

b.

Three or more substantiated complaints (including, but not limited to, noise and excess trash) within a 12-month period.

(2)

Before any suspension or cancellation can be effective, the zoning administrator shall give written notice to the host. The notice of suspension or cancellation issued under the provisions of this chapter shall contain:

a.

A description of the violation(s) constituting the basis of the suspension or cancellation;

b.

If applicable, a statement of acts necessary to correct the violation; and

c.

A statement that if no written response by the host is received by the planning department within 14 days from the date of the notice, the business license will be suspended or cancelled.

(3)

The notice shall be given to the host by delivering a copy of the notice in person. If the host cannot be found, such notice shall be sent to the address of record by:

a.

Certified mail or e-mail to the addresses in the business license form; and

b.

A copy of the notice shall be posted in a conspicuous place on the premises.

(4)

A copy of the notice will be provided to the commissioner of revenue to advise the business license may be revoked.

(5)

Any determination made by the zoning administrator may be appealed to the board of zoning appeals as outlined in article IV.

(6)

Penalty.

a.

It shall be unlawful to operate a short-term business rental:

1.

Without obtaining a business license as required by this article,

2.

After a business license has been suspended or cancelled, or

3.

In violation of any other requirement of this article.

b.

The penalty shall be a fine of $500.00 per occurrence.

(7)

Exemptions.

a.

Any residential dwelling unit which, at the time of adoption of this chapter, is being operated as a short term business rental and is properly licensed by the commissioner of revenue of the county shall not be subject to the provisions of this section "short term business rental" set forth below until December 31, 2020:

1.

The limitation on the total number of guests set forth in paragraph (e)(5) of this section.

b.

All other provisions of this section not listed above shall apply to all residential dwelling units. Beginning in calendar year 2021, this sunset provision (section (f)(7)a. shall terminate, and the provisions of this chapter shall apply uniformly, without regard to operation prior to the adoption of this chapter. This section (f)(7)a. shall not be construed to allow a short term business rental to operate at any time without a license from the county.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Entrances to the site shall be minimized and located in such a way as to maximize safety, ensure efficient traffic circulation, and minimize the impact upon the surrounding neighborhood.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

A temporary building or structure, including a manufactured home, recreational vehicle, or other highway vehicle, may be erected or placed on a construction site in any district as an accessory structure if such building's structures or vehicle are incidental and reasonably necessary to construction work on the premises. Such temporary building, structure, or vehicle shall be placed on a construction site only after a building permit has been issued for the on-site construction work to be performed. When such construction work is completed or abandoned, when the building permit expires or is revoked, whichever comes first, such temporary building, structure, or vehicle shall be removed.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Tents or tent-like structures shall not be erected as buildings. Tents may be erected for temporary events accessory to the primary use or related to a permitted use for the zoning district to last no longer than ten days. Such permits for temporary events shall be subject to any reasonable conditions related to health, safety and transportation that the zoning administrator may require after consultation with the state department of health, sheriff's department and the state department of transportation.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Loading areas shall be sited in such a way to minimize the impact on any surrounding neighborhood.

(b)

Parking shall be located behind the front line of the principal building.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Finished or semi-finished products manufactured on the premises may be stored in the open if screened from a residence district by landscaping, fences or walls.

(b)

All fencing and/or walls shall have a uniform and durable character and shall be properly maintained.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

No junkyard, salvage yard or automotive wrecking yard or graveyard shall hereafter be established with any portion of its area within 500 feet of a public street, road, or highway.

(b)

All such yards shall be screened effectively from view from public streets or highways, public spaces, and adjacent property in a residence or business district by natural vegetation, topography or other means and shall be surrounded by an opaque structural screen, fence, or wall not less than eight feet in height. All fences and walls shall have a uniform and durable character and shall be property maintained.

(c)

Inoperative vehicles or parts thereof shall not be collected or stored outside the required fence or in piles more than six feet in height.

(d)

The collection or storage of any material containing or contaminated with dangerous explosives, chemicals, gases, or radioactive substances is prohibited.

(e)

Every junkyard, salvage yard or automobile wrecking yard or graveyard shall 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.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

All private kennels must:

(1)

Provide a setback of at least 100 feet from the property lines;

(2)

Provide a setback of at least 200 feet from any residence not on the associated parcel;

(3)

Provide screening that is approved by the zoning administrator that visually blocks the front and closest side property lines.

(4)

Kennels to be located behind the primary residence.

(Ord. No. 09-21R2, Att. A, 9-27-2021; Ord. No. 08-22, 8-22-2022)

The following general standards shall apply to all parking facilities:

(1)

No motor vehicle work shall be permitted in association with a parking facility except under emergency service work.

(2)

Parking shall be the principal use of all parking facilities. Spaces may be rented for parking but no other business of any kind shall be conducted in the structure except county sanctioned farmer's markets or permitted mobile restaurants.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Excavation or filling, borrow pits, extraction, processing, and removal of sand or gravel and stripping of topsoil and other major excavations in a district where listed as a conditional use permit and subject to the following conditions for major borrow pits, clay pits, mines, quarries, sand, and gravel mining and similar operations:

(1)

The excavations shall be confined to areas located at least 50 feet from all adjoining property lines, at least 100 feet from any and all adjoining property lines in any residential or any business district, and at least 200 feet from any dwelling or any and all property lines in any platted subdivision except that excavations may be conducted within such limits, provided that the written consent of the owners of such adjoining properties is secured.

(2)

The excavation shall be confined to areas located at least 200 feet from the right-of-way lines of any existing or platted street, road or highway, except that where the ground level is higher than the road, the board may permit excavations down to the road level.

(3)

Any building containing power-driven or power-producing machinery or equipment shall be located at least 600 feet from all adjacent property in any residential or business district or the right-of-way lines of any existing or platted street, road, or highway.

(4)

Access shall not be from a minor residential street. All roadways and all vehicular entrances and exits from the premises on which such operations are conducted to any public roads shall be located to secure public safety, lessen congestion and facilitate transportation, and shall be so maintained as to eliminate any nuisance from dust to neighboring properties.

(5)

All equipment used for the production or transportation of materials shall be constructed, maintained and operated in such a manner as to eliminate as far as practicable noises, vibrations, or dust which are injurious or annoying to persons living in the vicinity.

(6)

A specific plan of systematic operation and simultaneous rehabilitation shall be submitted to and approved by the board of Supervisors which shall provide in all respects for the adequate safeguarding and protection of other nearby interests and the general public health, safety, convenience, prosperity, and welfare, and which shall include a satisfactory plan and program showing, by contour maps and otherwise how the land is to be restored to a safe, stable, usable and generally attractive condition by regrading, draining, planting or other suitable treatment to resist erosion and conform substantially with adjacent land characteristics.

(7)

Whenever the special use exception permit issued by the board of supervisors shall have expired, or whenever the operation shall have ceased for any period exceeding 12 consecutive months, then all plants, buildings, structures (except fences), stockpiles and equipment shall be entirely removed from the premises, and the premises shall be restored as required in this subsection (6).

(8)

The board of supervisors may renew a permit, after a public hearing, provided that an application therefor is filed within 60 days before its expiration date, in the same manner as for an original permit, provided that the applicant is carrying out the requirements of the existing permit in good faith.

(Ord. No. 09-21R2, Att. A, 9-27-2021)