This chapter and its articles, divisions and sections contains the authority to regulate land development through requirements addressing land uses, zoning, subdivisions, site plans and signs. Overall, these requirements help determine how land is developed or improved. Included in this chapter are references to the Virginia enabling statutes, purpose and intent statement, exceptions, mandatory compliance violations, penalties, appeals, and its relationship to the adopted Louisa County Comprehensive Plan and other requirements and conditions.

The name of this chapter shall be the Land Development Regulations Ordinance of Louisa County, Virginia.

The adoption and effective date of this chapter is February 16, 2021.

When land use or zoning district boundary requirements change, any lawfully existing approvals or uses of land or buildings may become subject to the provisions of this chapter, however, no vested rights shall be impaired. Generally, vested rights are permissible uses of property when the uses becomes impermissible by new amendments to the zoning ordinance. Lawful pre-existing non-conforming uses, lots or structures may continue even though they no longer conform to new zoning regulations (Code of Virginia, § 15.2-2307).

The provisions of this chapter are adopted pursuant to Code of Virginia, §§ 15.2-2280 and 15.2-2281, as amended. This chapter, and all provisions contained herein, together with the official zoning map, a copy of which is on file in the department of community development, shall be known as the Louisa County Land Development Regulations, consisting of five articles entitled: General Provisions, Zoning and Official Zoning Map, Subdivision, Supplemental Regulations, and Signs.

Whenever any provision of this chapter refers to or cites a section of the Code of Virginia (1950), as amended, and that section is later amended or superseded, this chapter shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

The provisions of this chapter shall apply to all land within the county unless expressly exempted by a specific section or subsection of this chapter. The use or occupancy of land or premises, the erection or construction or alteration or moving of principal buildings, accessory structures or signs, shall conform to these regulations.

(a)

Development by the county or its agencies or departments during a declared local emergency. The board of supervisors shall ratify such exemption after the fact at its next regularly scheduled meeting, and shall base its ratification on specified findings of fact related to the emergency.

(b)

Development or installation or maintenance of publicly owned water/sewer facilities, mains and appurtenances approved by either the county water authority, or the county board of supervisors when such work takes place in the rights-of-way or utility easements.

(c)

Development of lands owned by the commonwealth.

(d)

Development owned and held in tenancy by the government of the United States, its agencies, departments, or corporate services, to the extent required by law.

(e)

The lawful production or operations of agriculture or silviculture activities taking place in an agricultural zoning district.

(a)

No land shall be developed without full compliance with the provisions of this chapter and all other applicable county, state, and federal regulations, and no application, permit, or approval shall be considered on property where there is a known outstanding violation of this chapter, unless the application, permit, and/or approval is to remedy the violation.

(b)

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

(c)

No development or land-disturbing activities subject to the standards of this chapter may take place until the county gives approval(s) in accordance with this chapter.

The purpose of this chapter and its articles is to protect the general public health, safety, convenience, and welfare and to accomplish the objectives of Code of Virginia, §§ 15.2-2200 and 15.2-2283. The intent of these land development regulations are to implement generally the policies, goals and objectives of the county adopted comprehensive plan as amended as follows:

(1)

Preserve and protect agricultural and forestal lands and other lands of significance for the protection of the natural environment;

(2)

Facilitate the creation of a convenient, attractive and harmonious community;

(3)

Ensure adequate light, air, convenience of access, and safety from risk of fire and other perils;

(4)

Protect against destruction of or encroachment upon historic areas;

(5)

Promote the development of growth areas and require compact development;

(6)

Protect approach slopes and other safety areas of state licensed airports;

(7)

Recognize and target land uses for their highest and best use;

(8)

Prevent undue traffic congestion, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements;

(9)

Encourage a range of economic development activities that provide desirable employment and enlarge the tax base;

(10)

Lessen the number of access ways along roads;

(11)

Improve the visual character of gateway corridors and roadways;

(12)

Promote creating and preserving affordable housing suitable for meeting the current and future needs of the county as well as a reasonable proportion of the current and future needs of the planning district within which the locality is situated;

(13)

Protect surface water and ground water; and

(14)

Improve development quality.

The officials appointed by the board of supervisors charged by formal resolution to administer and enforce the zoning ordinances on the board's behalf. He or she may serve as the administrator or deputy administrator with or without compensation as determined by the governing body.

Any person, whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, may be fined not less than $10.00 nor more than $1,000.00. Such person shall be guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed, continued or permitted by such person, and shall be punishable as provided in this chapter.

Violations of this chapter declared to be unlawful are:

(1)

Any use of a structure, improvement or land, established, conducted, operated or maintained in violation of any provision of this chapter, any approved application plan, site plan or zoning clearance imposed in conjunction with any county approval under this chapter, or without any required permit, certificate or other required approval under this chapter.

(2)

Any use of a structure or site for which a certificate of occupancy is required that is conducted, operated, or maintained without a certificate of occupancy.

(3)

Any structure for which a building permit application is required that is started, established, constructed, reconstructed, enlarged or altered without a building permit.

(4)

Any other failure to comply with any other requirement or standard of this chapter.

(Ord. of 12-19-22(2022-21), Att.)

State Law reference— Penalties for violation of zoning ordinance, Code of Virginia, §§ 15.2-2209, 15.2-2286.

Any person, whether the owner, lessee, principal, agent, employee, or otherwise, who violates any provision of this chapter as provided in section 86-11, or permits either by granting permission to another to engage in the violating act or by not prohibiting the violating act after being informed by the zoning administrator that the act violates this chapter as provided in section 86-10, shall be subject to the following:

(1)

Procedure. Proceedings seeking abatement of the violation and civil penalties if the violation is not abated for all violations of this chapter under this section shall commence either by filing a civil summons in the general district court or by the zoning administrator or his deputy issuing a ticket.

(2)

Minimum elements of a civil summons or ticket. A civil summons or ticket shall contain, at a minimum, the following information: (i) the name and address of the person charged; (ii) the nature of the violation and the section of this chapter allegedly violated; (iii) the location and date that the violation occurred or was observed; (iv) the amount of the civil penalty being imposed for the violation; (v) a notice that abatement of the violation will cause the summons or ticket to be dismissed; (vi) the manner, location and time in which the civil penalty may be paid to the county; (vii) the right of the recipient of the summons to elect to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of a court; and either the date scheduled for trial or the date for scheduling of such trial by the court.

(3)

Amount of civil penalty. Any violation of this chapter shall be subject to a civil penalty of $200.00 for the initial summons, and a civil penalty of $500.00 for each additional summons arising from the same set of operative facts.

(4)

Maximum aggregate civil penalty. The total civil penalties from a series of violations arising from the same set of operative facts shall not exceed $5,000.00. After the civil penalties reach the $5,000.00 limit, the violation may be prosecuted as a criminal misdemeanor under section 86-11.

(5)

Option to abate the violation or prepay civil penalty and waive trial. Any person summoned or ticketed for a violation of this chapter, in lieu of payment of the civil penalty, the person can abate the violation and the summons or ticket will be dismissed. If the violation is not abated, the person summonsed or ticketed for a violation of this chapter may elect to pay the civil penalty by making an appearance in person or in writing by mail to the department of finance prior to the date fixed for trial in court.

(6)

Trial procedures. A person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. A signature to an admission of liability shall have the same force and effect as a judgment of the court. However, any admission shall not be deemed a criminal conviction for any purpose. If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. Upon a finding of a violation by the court, the court may order the violator to abate or remedy the violation to comply with the zoning ordinance. After the court makes a finding of a violation, the county attorney will continue to seek abatement of the violation in lieu of payment of a fine, if the court is willing to do so. Any such violator shall abate or remedy the violation within the period as determined by the court, but not later than six months of the finding of liability or the admission of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any ten-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of $5,000.00.

(7)

Civil penalties are in lieu of criminal penalties. A violation enforced under this section shall be in lieu of any criminal penalty except as provided in subsection 86-11.1(4) and section 86-11 and, except for any violation resulting in injury to any person, such a designation shall preclude the prosecution of the violation as a criminal misdemeanor but shall not preclude any other remedy available under this chapter.

(Ord. of 12-19-22(2022-21), Att.)

State Law reference— Code of Virginia § 15.2-2209.

The board of zoning appeals is empowered to hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of this chapter (section 86-89 Powers and duties.). An aggrieved person has 30 days from the decision of the zoning administrator or his designee to make an appeal, in writing. The appeal will be processed and decided in accordance with section 86-90 of this chapter.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Where terms are undefined, they shall have their ordinarily accepted meaning, or such as the context may imply.

Generally. The words "used for" include "designed for," and vice versa; the word "building" includes the word "structure"; the word "dwelling" includes the word "residence"; and the word "lot" includes the word "plot." Any words pertaining to gender shall be interchangeable. The word "he" shall mean "she," and "she" shall mean "he." The word "shall" is mandatory; the word "may" or "should" is permissive.

Abattoir. A commercial slaughterhouse solely used for the preparation of meat and poultry products and not part of an agricultural operation.

Above ground level (AGL). The height of a structure measured from ground level to its top. AGL = Height.

Accessory dwelling unit (was accessory apartment). A separate, independent dwelling unit located on the same property as the primary dwelling unit subject to the following:

(1)

A dwelling unit contained within a single-family dwelling, that may equal the existing finished square footage of the primary dwelling, such as a basement, attic, or additional level;

(2)

A dwelling unit attached to a single-family dwelling, that may equal the existing finished square footage of the primary dwelling if the lot is at least double the minimum lot area;

(3)

A dwelling unit less than 1,500 square feet in finished floor space and located within a detached accessory structure no more than one-half the size of the finished square footage of the primary dwelling unit located on the subject property; or

(4)

A dwelling unit attached to the primary single-family dwelling that shall be no more than one-half the size of the finished square footage of the primary dwelling unit located on the subject property.

(5)

Occupancy of such accessory dwelling unit shall be limited to no more than one family (as defined) or up to three unrelated persons and shall not be rented in less than six-month increments, and the primary dwelling unit must be occupied by the owner of the subject property or an immediate family member (as defined). Only one accessory dwelling unit shall be allowable per lot.

(6)

Manufactured homes, mobile homes, RV's, camping trailers and other traditionally temporary structures are not accessory dwelling units.

Accessory use or structure. A use or structure clearly subordinate and customarily incidental to the main use or structure accessory to and located upon the same lot occupied by the main use or structure. Accessory uses are allowable uses in all zoning districts, subject to any requirements found in this chapter. Accessory structures constructed before main structures shall comply with the setbacks and yard requirements for main structures.

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

Addition. Any increase to the gross floor area of a structure.

Adjacent. Lying close to or nearby and not necessarily contiguous or adjoining.

Administrator. Also referred to as the zoning administrator or deputy zoning administrator. The official appointed by the board of supervisors charged by formal resolution to enforce the land development regulations on the board's behalf. He or she may serve as the administrator or deputy administrator with or without compensation as determined by the governing body.

Affordable housing. A housing unit that requires the occupant or occupants to spend less than 30 percent of their income to rent or own (as determined by HUD.gov).

Agent. One who represents another, called the principal, in dealings with third persons. The agent undertakes some business by authority of the principal. The principal is the property owner.

Aggrieved person. A person or group of people with an immediate, pecuniary and substantial interest in an action taken by the zoning administrator or board of zoning appeals under this chapter, as opposed to a remote or indirect interest or a person suffers a denial of some personal or property right or imposition of a burden or obligation different from that suffered by the public in general.

Agricultural activity passive. An activity devoted to the bona fide production of crops, including the production of fruits and vegetables of all kinds; nuts, tobacco, or floral products; or the production and harvest of products from silviculture activity.

Agricultural operation. An activity devoted to the bona fide production of crops, or animals, or fowl including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery and floral products; or the production and harvest of products from silviculture activity. Uses accessory to an agricultural operation include dairy, farm employee housing, farm sales, forestry use, livestock market for livestock raised on the property, temporary sawmill, commercial or private stable, wayside stand, agritourism activity, sale of farm-grown foods exempt from licensing under Code of Virginia, § 3.2-5130(A), and garden center that sells predominantly products produced on-site. It excludes animal waste treatment system, intensive agriculture, permanent sawmill, general garden center, and other predominantly commercial or manufacturing uses elsewhere defined in this chapter.

Agricultural operation—Intensive. A livestock operation with accessory uses or structures, as defined below, which at any one time has at least 300 animal units and:

(1)

Such animals are or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and

(2)

Crops, vegetation, forage growth or post-harvest residues are not sustained over any portion of the operation of the lot or facility.

The following shall be the equivalent of 300 animal units:

a.

200 dairy cattle;

b.

300 feeder and slaughter cattle;

c.

400 swine, each weighing over 55 pounds;

d.

150 horses;

e.

2,000 sheep;

f.

16,500 turkeys;

g.

30,000 laying hens or broilers.

Agritourism activity. Any activity carried out in association with an agricultural operation that allows the public, for recreational or entertainment use, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity.

Alley. A permanent service way providing a secondary means of access to abutting properties.

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

Alternative onsite sewage disposal system. A treatment works that is not a conventional onsite sewage system and does not result in a point source discharge.

Amateur radio tower. A structure for transceiving amateur radio signals erected and operated by an amateur radio operator licensed by the FCC.

Ambient lighting or illumination. The general illumination or light that is naturally present in an environment, providing overall brightness and visibility, as opposed to specific, focused light sources.

Ancillary telecommunications structure. Any form of development associated with a wireless communications facility, including but not limited to: foundations, concrete slabs on grade, guy anchors, generators, and transmission cable supports; however, specifically excluding equipment cabinets.

Animal waste treatment system. An impoundment or other containment structure for the temporary storage of concentrated animal or other agricultural wastes and the reduction of such wastes into a semi-solid or liquid form for land distribution and/or off-site disposal.

Antenna. Any apparatus designed for transceiving electromagnetic waves including, but not limited to telephonic, radio, or television communications. Types of elements include, but are not limited to: omni- directional (whip) antennas, sectorized (panel) antennas, multi or single-bay (FM and TV) antennas, yagi, or parabolic (dish) antennas.

Antenna array. A single or group of antenna elements and associated mounting hardware, transmission lines, or other appurtenances sharing a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transceiving electromagnetic waves.

Antenna element replacement. The replacement of an existing antenna element with a same or like model number or another element with identical or reduced dead weight and wind load properties. In addition, there can be no increase in the size or number of feed lines used by the facility.

Antenna support structure. A vertical structure composed of metal or other material with or without a foundation to accommodate antennas at a desired height. Types of support structures include: guyed, lattice, and monopole structures.

Applicant. Any person submitting any application required or permitted pursuant to any of the provisions of this chapter, including his successors and assigns.

Assisted living facility. Is a residential facility in which no more than eight aged, infirm or disabled persons reside, with one or more resident counselors or other staff persons, as a single family residential occupancy. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed on such facility. For purposes of this subsection, "residential facility" means any assisted living facility or residential facility in which aged, infirm or disabled persons reside with one or more resident counselors or other staff persons and for which the department of social services is the licensing authority pursuant to this Code. Assisted living facilities that have more than eight occupants will be considered commercial assisted living facilities.

Assisted living facility, commercial. Is a commercial facility in which more than eight aged, infirm or disabled persons reside. Such facilities typically provide rooms, meals, personal care, and supervision of self-administered medication. The may provide additional services, such as recreation activities, financial services and transportation.

Attic. The part of a structure which is immediately below and wholly or partly within the roof framing. Where there are dormers greater than 50 percent of the length of the roof, then this area is not an attic.

Automobile dealership. The use of any building, land area or other premises for the display of new and used automobiles, trucks, vans, or motorcycles for sale or rent, including any warranty repair work and other major and minor repair service conducted as an accessory use.

Automobile graveyard. Any lot or place which is exposed to the weather upon which more than five motor vehicles of any kind, incapable of being operated and which it would not be economically practical to make operative, are placed, located or found. Also see "junkyard," "salvage and scrap service."

Automobile parts/supply, retail. Retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores which offer new and factory rebuilt parts and accessories, and include establishments which offer minor diagnostics and minor repair services such as battery or wiper blade replacements as an accessory use.

Automobile rental/leasing. Rental of automobiles and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies.

Automobile repair service. Repair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include tire sales and installation, wheel and brake shops, oil and lubrication services and similar repair and service activities, and where minor repairs, or routine maintenance take place.

Aviation facility. Also referred to as an airport. Landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security.

Awning. A covering attached to a structure, erected on or over a window or door, and typically supported by a metal frame.

Awning sign. Any sign applied directly to the surface or incorporated into the design of an awning or canopy attached to a building facade.

Banner. A temporary sign, not exceeding 60 square feet, consisting of a piece of fabric or other flexible material, suspended from a fixed structure, rope, wire, string or cable. The display of banners may not exceed two weeks advertising a special event, product or group.

Basement. Any floor at least half of which is below ground level.

Bed and breakfast. A dwelling in which not more than ten bedrooms provide overnight, seven nights or less, lodging for guests for compensation. The serving of meals to guests is optional. Service of meals to customers other than overnight guests is not permitted.

Bikeway. A bicycle pathway: Either a bike lane, a bike trail, or bike route.

Board of zoning appeals. Also referred to as the BZA. A body appointed by the circuit court of the county to hear and decide appeals from any order, requirement, decision or determination made by an administrative officer of the county in the administration or enforcement of this zoning ordinance.

Boardinghouse. A dwelling in which no more than ten bedrooms provide extended, six or more days, lodging for guests for compensation. The serving of meals to guests is optional. Service of meals to customers other than overnight guests is not permitted.

Borrow pit. An open pit or excavation area remaining in the ground after the removal of soil, sand, gravel, rock or other natural substance. Also see "resource extraction."

Boundary line adjustment. The adjustment of the boundary line between two or more lots, but not including any action which would result in a creation of additional building lots or the vacation of any street, alley, easement for public passage or other public feature.

Brewery, limited. An agricultural operation licensed by the Virginia Alcoholic Beverage Control Board (ABC) as a limited brewery pursuant to Code of Virginia, § 4.1-208(2), or that produces less than 15,000 barrels of cider.

Brewery, major. Every operation which is not a limited brewery, including any authorized representative of such person, which (i) is licensed as a brewery located within the commonwealth, (ii) holds a beer importer's license and is not simultaneously licensed as a beer wholesaler, or (iii) manufactures any malt beverage, has title to any malt beverage products excluding licensed Virginia wholesalers and retailers or has the contractual right to distribute under its own brand any malt beverage product whether licensed in the commonwealth or not, who enters into an agreement with any beer wholesaler licensed to do business in the commonwealth.

Broadcasting or communication tower. Any unstaffed facility for the transceiving of radio, television, radar, cellular telephone, personal paging device, specialized mobile radio (SMR), and similar services. A broadcasting or communication tower usually consists of an equipment shelter or cabinet, a support tower or other structure used to achieve the necessary elevation, and the transceiving devices or antenna. Excluded are "amateur radio towers," which are described separately. Also excluded are wireless communication antennas which fit the definition of "utility services, minor."

Building. Any structure having a roof supported by columns or walls, for the shelter, housing or enclosure of any individual, animal, activity, process, equipment, goods or materials of any kind.

Building, height of. See "height, building."

Building setback line. A minimum setback line, which all structures must be placed behind, which is established by meeting the minimum requirements of this chapter, including the minimum lot width requirement. See setback line, setbacks and minimum lot width.

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

Business or trade school. A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as an "educational facility."

Business support service. Establishment or place of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, business-machine repair shops, convenience printing and copying establishments, as well as temporary labor services.

Caliper. The diameter of a tree at the height of four and one-half feet above grade.

Call center. A company, or office in a company, that handles inquiries, technical support calls, product orders or other communications with customers. Communications with customers might be by telephone, e-mail, internet chat, or any other method of digitally responding to customer needs. A single call center might provide these communication services to one or more companies.

Camp. A use which primarily provides recreational opportunities of an outdoor nature on a daily or overnight basis. Included in this use type would be scout camps, religious camps, children's camps, wilderness camps, summer camps and similar uses which are not otherwise specifically described in this chapter.

Campground. Facilities providing camping or parking areas and incidental services for travelers in recreational vehicles and/or tents. The overnight parking of recreational vehicles shall be a permitted accessory use at parking facilities, and shall not be classified as a campground, provided that the following criteria is met:

(1)

Recreational vehicles shall only be parked on a temporary overnight basis, and shall not be parked for more than 12 continuous hours at a time;

(2)

Parking facilities shall not provide incidental services principally for recreational vehicles, and

(3)

The parking of recreational vehicles shall not interfere with the movement of traffic or create a safety hazard.

Campsite. A designated plot of ground within a campground intended or used for the exclusive occupancy by a tent, recreational vehicle, or a vacation cottage.

Candela. The base unit of luminous intensity in the International System of Units.

Canopy. A permanent structure, or part thereof, having a roof with support but no walls, and is intended as shelter.

Car wash. Commercial washing and cleaning of vehicles. Typical uses include automatic conveyor machines and self-service car washes.

Cellar. See "basement."

Cemetery. A place where interment of human remains takes place, above or below ground, and where plots are sold for that purpose, and perpetual care of the cemetery graves is furnished.

Cemetery, private. A place where interment of human remains occurs above or below ground and where plots are not sold.

Central sewerage. Any system of collection and treatment of sewage serving two or more connections, whether the system is privately or publicly owned and operated, whether currently in service or planned for future service, and whether the wastewater is treated for discharge or reclaimed for re-use.

Central water. Any water supply and distribution system, whether privately or publicly owned and operated, whether currently in service or planned for future service, and whether the water is treated for initial use or reclaimed for re-use, serving two or more individual connections.

Certificate of building compliance. A document issued by the building official after an initial certificate of occupancy certifying compliance with all terms of a subsequent approved building permit and reauthorizing occupancy of a building or structure.

Certificate of zoning compliance. A document issued by the zoning administrator certifying compliance with all terms of an approved zoning compliance permit, and authorizing occupancy of a building, structure, or land.

Civic use. Public parks and playgrounds, public schools, municipal buildings including police, fire and rescue facilities and all other publicly owned structures.

Club. A use providing educational, meeting, or social facilities for civic or social clubs, fraternal/sororal organization, and similar organizations and associations, primarily for use by members and guests. Recreational facilities, unless otherwise specifically cited in this section, may be provided for members and guests as an accessory use. A club does not include a building in which members reside.

Cluster development. A development design technique that concentrates buildings on a part of a site and use the remaining land for recreation, common open space, and the preservation of environmentally sensitive features.

Cluster subdivision. A development that may allow for a reduction in lot area and bulk requirements, and may provide for an increase in the number of lots permitted under a conventional subdivision (an increase in overall density of development), in proportion to the remaining land area that is devoted to open space.

Code of Virginia. The Code of Virginia of 1950, as amended. ("This Code," however, refers to the Code of the County of Louisa, Virginia.)

Collocation. The practice of installing and operating multiple wireless carriers, service providers, and/or radio licensees on the same antenna support structure or attached wireless communication facility using different and separate antennas, feed lines, and radio frequency emissions generating equipment.

Combined antenna. An antenna or antenna array designed and used to provide services for more than one wireless provider for the same or similar type of services.

Commercial indoor amusement. Establishments which provide multiple coin operated amusement or entertainment devices or machines as other than an incidental use of the premises. Such devices would include pinball machines, video games, and other games of skill or scoring, and would include pool and/or billiard tables, whether or not they are coin operated. Typical uses include game rooms, billiard and pool halls, video arcades and bingo halls.

Commercial indoor entertainment. Predominantly spectator uses conducted within an enclosed building. Typical uses include, but are not limited to, motion picture theaters, and concert or music halls.

Commercial indoor sports and recreation. Predominantly participant uses conducted within an enclosed building. Typical uses include bowling alleys, ice and roller skating rinks, indoor racquetball, swimming, and/or tennis facilities.

Commercial outdoor entertainment. Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include, but are not limited to, sports arenas, motor vehicle or animal racing facilities, and outdoor amusement parks.

Commercial outdoor sports and recreation. Predominantly participant uses conducted in open or partially enclosed or screened facilities. Typical uses include, but are not limited to, driving ranges, miniature golf, swimming pools, tennis courts, outdoor racquetball courts, motorized cart and motorcycle tracks, paintball facilities, and motorized model airplane flying facilities.

Commercial speech. Speech that is an expression related solely to the economic interest of the speaker and its audience, concerns lawful activity, and is not misleading.

Commercial vehicle repair service. Repair of construction equipment, commercial trucks, agricultural implements and similar heavy equipment, including automobiles, where major engine and transmission repairs take place. Typical uses include automobile and truck repair garages, transmission shops, radiator shops, body and fender shops, equipment service centers, machine shops and other similar uses where major repair activities are conducted.

Commission. The planning commission of the county.

Commitment letter. A letter, issued by the county water authority, confirming that it will serve a lot or subdivision with water and/or sewer service upon specified terms set forth in its adopted rules and regulations.

Common area. A tract or parcel of land not devoted to residential uses or structures; but directly related to and adjunct to a planned development, cluster development or subdivision and which is owned and/or controlled by the residents of owners of such development.

Communications service. Establishment primarily engaged in the provision of broadcasting and other information relay services accomplished through electronic and telephonic mechanisms. Excluded from this use type are facilities classified as "utility services, major" or "broadcasting or communication towers." Typical uses include television studios, telecommunication service centers, telegraph service offices, or file and sound recording facilities.

Community dock, pier, or boat house. A boat dock, pier or boat house adjunct to a subdivision, cluster development, or planned development, owned and/or controlled by the lot owners of such subdivision or development. Such facility shall contain no more than one secure mooring for each lot or dwelling unit within said subdivision or development.

Conditional use. A use not permitted in a particular zoning district except by approval of a conditional use permit by the board of supervisors.

Conditional use permit. A permit that may be issued for a conditional use by the board of supervisors, pursuant to section 86-43 of this chapter, except, the board of zoning appeals is authorized as the review authority by the board of supervisors for temporary conditional uses pursuant to section 86-91 of this chapter. This legislative process allows the board to place reasonable conditions on such uses, in addition to the regulations provided for in a particular zoning district or zone by the zoning ordinance. It is the purpose of Code of Virginia, § 15.2-2296 to provide a more flexible and adaptable zoning method to cope with situations found in such zones through conditional zoning, whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community that are not generally applicable to land similarly zoned.

Condominium. See "multi-family dwelling."

Conservation easement. The granting of a property's development rights to an entity stipulating the described land will remain undeveloped for a time specified.

Construction sales and service. Establishment or place of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding automobile or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments.

Construction yard. Establishment or place of business primarily engaged in construction activities, including outside storage of materials and equipment. Typical uses are building contractor's yards.

Consumer repair service. Establishment or place of business primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair use types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments.

Contractor's offices and shops. Establishment for the installation and servicing of such items as air conditioners, electrical equipment, flooring, heating, painting, plumbing, roofing, tiling and ventilating and establishments for the planting and maintenance of gardens, grounds and yards such as landscape contractors and lawn maintenance services. The facility may include an outdoor storage yard, if properly screened from adjacent properties with landscaping or a fence. This definition does not apply to contractors' businesses operated as home occupation, class A, or home occupation, class B.

Convenience store. See "store, neighborhood convenience."

Conventional onsite sewage system. A treatment works consisting of one or more septic tanks with gravity, pumped, or siphoned conveyance to a gravity-distributed subsurface drainfield.

Correction facility. A public or privately operated use providing housing and care for individuals legally confined, designed to isolate those individuals from a surrounding community.

Cottage. A single, permanent detached dwelling unit, which may or may not contain cooking and bathroom facilities, dedicated to temporary occupancy for purposes of recreation, education or vacation. Rental properties meeting the above description are cottages.

County. Louisa County, Virginia.

Cul-de-sac. The circular end of a street with only one outlet and having an appropriate turnaround for a safe and convenient reverse traffic movement.

Cultural services. A library, museum, or similar public or quasi-public use displaying, preserving and exhibiting objects of community and cultural interest in one or more of the arts or sciences.

Custom manufacturing. Establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, or the use of mechanical equipment commonly associated with residential or commercial uses, or a single kiln.

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

Dark sky lighting. A term that refers to shielded light fixtures that cast light downward and generally conform to the specifications endorsed by the International Dark-Sky Association (IDA).

Data center. An enclosed facility, or part thereof, used to house computer systems and associated components, such as telecommunications and storage systems. Data centers generally include redundant or backup power supplies, redundant data communications connections, specialized environmental controls and various security devices.

Day care. Any facility providing care, protection and guidance to less than ten individuals during only part of a 24-hour day. This term includes nursery schools, preschools, day care for individuals including adults, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full 24-hour period.

Day care center. Any facility providing care, protection and guidance to ten or more individuals during only part of a 24-hour day. This term includes nursery schools, preschools, and day care centers for individuals including adults, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full 24-hour period.

Deck. A structure, without a roof, directly adjacent to a principal building, which has an average elevation of 30 inches or greater from finished grade. A deck may consist of any materials.

Dedication. The transfer of private property to public ownership upon written acceptance.

Density, residential. The number of residential dwelling units per acre or ratio of land determined by dividing the number of dwelling units divided by the total number of acres in the parcel to be developed.

Derelict watercraft. A watercraft deteriorated, rotten, damaged, dismantled, or otherwise in a state of disrepair to admit water where designed to be watertight, or otherwise has not been navigated on a water body for 12 months.

Developer. See "applicant."

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

Development area. The area occupied by a wireless communications facility including areas inside or under the following: an antenna-support structure's framework, equipment cabinets, ancillary structures and access ways.

Distillery, major. Any plant or operation licensed by federal law to: (1) produce distilled spirits from any source or substance; (2) brew or make mash, wort, or wash fit for distillation or for production of distilled spirits; (3) separates distilled spirits from any fermented substance by any process; or (4) makes or keeps mash, wort, or wash, or has a still in his possession or use. Exempt from this definition are farm distilleries.

Distillery, farm. A distillery use accessory to an agricultural enterprise producing alcohol other than wine, beer, or cider for human consumption. At least 51 percent of the fresh agricultural products used for its fermenting material shall be grown or produced on such farm, and no more than 25 percent of the total agricultural products used for its fermenting material shall come from outside the commonwealth.

District. Districts as referred to in Code of Virginia, § 15.2-2280.

Division, parcel. To divide a parent parcel into no more than two additional parts for the purpose of transfer of ownership or building development. Lots shall be divided from parent tracts, or the residue parcel that remains after a prior one-lot division, so long as such residue parcel has five or more acres or a minimum of 300 feet of existing state road frontage. For clarity, it is the specific intent of this provision to allow a maximum of three total lots, including the residual parcel, to be created from any parent parcel by division, if any. Divisions are not subject to the provisions set forth in the subdivision ordinance except for subsection 86-567(11), private lanes. However, similar to the requirements of section 86-587, a lot created by division shall be required to include provisions for the dedication of right-of-way when the property is adjacent to a state road that is less than 50 feet in width; provided that, this requirement does not apply to a residual portion of the parent tract that is five or more acres or has a minimum of 300 feet of existing state road frontage.

Dormitory. A residence hall providing rooms for individuals or for groups usually without private baths. Also, a large room containing numerous beds.

Drive-in lane. Any driveway, aisle or travel lane which allows customers to receive goods or services while they remain in their vehicles.

Driveway. A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.

Dwelling. Any structure designed for residential use, except "hotels" and boardinghouses." Also see dwelling types defined below.

Dwelling within mixed use structure. A residential dwelling contained within a structure that also contains non-residential use(s).

Dwelling/residence, multi-family. A structure containing three or more dwelling units. Included in the use type would be garden apartments, low rise apartments, apartments for elderly housing and condominiums.

Dwelling/residence, prefab. A dwelling constructed from standardized sections fabricated beforehand for shipment and quick assembly.

Dwelling/residence, single family. A structure containing a single dwelling unit.

Dwelling/residence, single-family attached. Two or more single-family horizontal dwellings sharing one or more common structural walls, each on its own individual lot. Attached dwellings are not vertically stacked. Included in the use type are townhouses, villas and other similar dwelling types.

Dwelling/residence, single-family detached. A site built or modular building designed exclusively as one dwelling unit for permanent occupancy, which is surrounded by open space or yards on all sides, is located on its own individual lot, and which is not attached to any other dwelling by any means.

Dwelling/residence, two family. A structure containing two dwelling units.

Dwelling/residence unit. A room or group of rooms forming a single independent habitable unit used for, or intended to be used for living, sleeping, sanitation, cooking, and eating purposes by one family only; for owner occupancy or for rental, lease, or other occupancy.

Easement. A grant by a property owner of the use of land for a specific purpose.

Eave. The lower portion of a roof that overhangs the wall.

Educational facility, college/university. An educational institution authorized by the commonwealth to award associate, baccalaureate or higher degrees, and facilities associated with it. This term includes academic buildings, administrative facilities, dormitories, special housing, parking areas, dining halls and other physical plants associated with the college or university use.

Educational facility, primary/secondary. A public, private or parochial school offering instruction at the elementary, junior and/or senior high school levels in the branches of learning and study required to be taught in the public schools of the commonwealth.

Emergency shelter. A facility providing temporary housing for one or more individuals who are temporarily or permanently homeless.

Entertainment establishment, adult. Any adult cabaret, adult motion picture theater, or adult video- viewing or arcade booth.

Equipment cabinet. Any structure used to contain radio or other equipment necessary for the transmission or reception of wireless communication signals, including, but not necessarily limited to: cabinets, shelters, pedestals, and other similar structures.

Equipment compound. The fenced area surrounding a wireless communication facility including the areas inside or under the following: an antenna support structure's framework and ancillary structures such as equipment necessary to operate the antenna on the WCF including: cabinets, shelters, pedestals, and other similar structures

Equipment sales and rental. Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial equipment, and the rental of mobile homes. Included in this use type is the incidental storage, maintenance, and servicing of such equipment.

Erect. In the appropriate context, to affix, construct, hang, install, locate, paint, place or print.

Establishment. A public or private institution or a place of business; for purposes of this definition, the number of franchises held by an automobile dealership shall not be relevant to the determination as to what is an establishment.

FAA. The Federal Aviation Administration.

Facade. An entire outside wall of a structure, including wall faces, parapets, fascia, windows, and doors, of one complete elevation.

Fair market value. The price at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.

Family. One or more persons related by blood, marriage, legal adoption, or under approved foster care.

Family day care home. A single-family dwelling in which more than five but less than 13 individuals, are received for care, protection and guidance during only part of a 24-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 or fewer individuals for portions of a day shall be considered as a "home occupation."

Family subdivision. Pursuant to Code of Virginia, §§ 15.2-2244(C) and 15.2-2244.2, means splitting any tract, parcel or lot of land, within the agricultural (A-1), agricultural (A-2), residential limited (R-1), or residential general (R-2) zoning districts, into two or more parts for the purpose of sale or gift to a member of the immediate family of the property owner or the beneficiary of a trust that owns the property, subject to the requirements of section 86-531 of this Code. See "immediate family" definition.

Farm employee housing. A dwelling located on a farm for housing an employee and his/her family of that farm operation. Also included in this use type would be multi-family dwelling(s) for housing seasonal employees in connection with an orchard or other agricultural use which relies on seasonal employees.

Farm sales. Any agricultural produce or merchandise produced on the farm and offered for sale from the farm. Typical uses would include "nurseries" and "greenhouses, commercial," but not "retail garden centers."

Farmers' market. A public market at which farmers and other vendors may conduct the retail sale of: fresh fruits and vegetables; other food-related items; and agricultural/horticultural products which are home grown, homemade, and/or home produced. The sale of livestock is not permitted. Sale locations may be indoor or outdoor, occupied by several different temporary tenants on a short term or daily basis.

The term farmers' market does not include retail sales on a farm property that only includes farm products raised on the farm or on other properties owned by the owner of the farm. Farmers' market shall not include yard sales, or the sale or demonstration of mass produced items or items commonly available at or associated with yard sales.

Farmland. Land in active agricultural or horticultural use.

Fascia. One or more vertical faces of the roof of a canopy or structure.

FCC. The Federal Communications Commission.

Festivals, entertainment and music. See "outdoor gathering."

Financial institution. An establishment whose principal purpose is the provision of financial services, including banks, accounting offices, tax-preparation offices, lenders and securities brokers but not short-term lenders.

Flag lot. See "lot, pipe stem."

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

Flood elevation, base. The Federal Emergency Management Agency designated 100-year water surface elevation.

Floor area ratio (FAR). The ratio of gross floor area of all structures on a lot compared to total lot area.

Floor area, gross. The sum of the horizontal areas of the several stories of a building, measured from the exterior faces of exterior walls, or in the case of a common wall separating two buildings, from the centerline of such common wall. Gross floor area shall exclude basements and attics. The surface area of tennis courts, swimming pools, driveways, surface parking spaces, decks, patios, and porches, is not included in the total gross floor area.

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

Floodplain:

(1)

A relatively flat or lowland area adjoining a river, stream or watercourse which is subject to partial or complete inundation of water; or

(2)

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

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Food truck. A motorized vehicle or mobile food unit that typically contains cooking facilities where the food is prepared; which is temporarily located on a premise (48 hours or less) to sell food items to the general public.

Foot candle. A measurement of light intensity.

Forestry. The use of land for raising and harvesting of timber, pulp woods and other forestry products for commercial purposes, including the temporary operation of a sawmill and/or chipper to process the timber cut from that parcel or contiguous parcels. Such land shall be at least 20 acres, and be covered with more than 50 percent contiguous tree growth. Associated uses include timber tracts, tree farms, forest nurseries, sawmills, and on-site wood gathering for transport to a processing facility.

Frontage road. A service road, usually parallel to a highway, reducing the number of driveways that intersect the highway.

Frontage, width. See "lot frontage"

Full cutoff luminaire. An outdoor light fixture shielded in such a manner that projects all light emitted by the fixture below the horizontal plane; also a type of dark-sky lighting.

Funeral home. Establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. Typical uses include funeral homes or mortuaries and may include crematoriums.

Garage, commercial. See "auto repair service" or "commercial vehicle repair service."

Garage, private. An accessory building designed or used for the storage of automobiles owned and used by the occupants of the building to which it is accessory.

Garden center. Establishments or places of business primarily engaged in retail sales from the premises including trees, shrubs, seeds, fertilizers, pesticides, plants and plant materials primarily for agricultural, residential and commercial consumers. Such establishments typically sell products purchased from others, but may sell material which they grow themselves.

Gasoline station. Any place of business with fuel pumps and storage tanks which provides fuels and oil for motor vehicles. A store associated with automobile fuel sales shall be considered a gasoline station.

General office. Use of a site for business, professional, or administrative offices, excluding medical offices. Typical uses include real estate, insurance, management, travel, computer software or information systems research and development, or other business offices; organization and association offices; or law, architectural, engineering, accounting or other professional offices. Retail sales do not comprise more than an accessory aspect of the primary activity of a general office.

Geographic search area. An area designated by a wireless provider or operator for a communication facility, produced in accordance with generally accepted principles of wireless engineering. Sometimes referred to as a "search ring."

Glare. The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Golf course. A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included would be executive or par three golf courses. Specifically excluded would be independent driving ranges and any miniature golf course.

Governing body. The board of supervisors of Louisa County.

Grandfathered. A use or structure not in conformance with the current ordinance and was legal at the time it was established or constructed. Also referred to as a legally, non-conforming use or structure.

Greenhouse. A building with transparent walls and roof; for the cultivation and exhibition of plants under controlled conditions.

Greenhouse, commercial. A greenhouse operation offering plants for sale to the public, either at wholesale or at retail.

Greenways. Established areas along primary highway corridors managed for environmental or scenic protection, conservation, recreation and non-motorized transportation. Greenways may follow natural geographic features such as ridge lines, stream valleys, rivers, along canals, utility corridors, abandoned rail lines and the like. Greenways may include trails or bike paths.

Grocery store. A retail business primarily engaged in the sale of unprepared food for personal or household preparation and consumption. Such a facility may also engage in incidental sales of prepared foods for personal consumption on- or off-site.

Gross public floor area. The total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), plus aisles, hallways, and entryways serving such areas.

Group home. A residential facility in which no more than eight individuals with mental illness, intellectual disability, or developmental disabilities reside, with one or more resident or nonresident staff persons, as residential occupancy by a single family. For the purposes of this subsection, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in the Code of Virginia, § 54.1-3401. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed on such facility. For purposes of this subsection, "residential facility" means any group home or other residential facility for which the department of behavioral health and developmental services is the licensing authority pursuant to this Code.

Growth area overlay districts. Means designated areas in the county having the highest potential for growth and provision of future public infrastructure and possibly new or expanded community facilities and services. Generally these districts allow for a mixture of residential, civic, commercial or industrial uses and contain development requirements for buffering, screening, site design and architectural guidelines according to section 86-109, and secs. 86-122-125 (see the adopted Louisa County Comprehensive Plan).

Guest home. A single-family dwelling housing persons receiving the hospitality of the property owner. This unit is a temporary use, for stays of no longer than one month. No more than one such unit shall be permitted for each 50 acres of contiguous property (i.e., 0—49 acres = none, 50—99 = one, 100—149 = two, etc.). A guest home is an accessory structure for use by family and friends and prohibited for use as a rental unit. A guest home shall meet primary dwelling setbacks.

Guestroom. A room intended, arranged or designed or occupied, by one or more paying guests and there are no provisions for cooking.

Guidance services. A use providing counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance due to mental illness, alcoholism, detention, drug addiction, or similar conditions for only part of a 24-hour day.

Halfway house. An establishment providing accommodations, supervision, rehabilitation, counseling, and other guidance services to persons recovering from substance addiction, or persons re-entering society after release from a correctional facility or other institution, or suffering from similar disorders.

Hazardous substance. A substance listed under United States Public Law 96-510, entitled the Comprehensive Environmental Response Compensation and Liability Act.

Hazardous waste. A waste or combination of solid wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may:

(1)

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or

(2)

Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of, or otherwise.

Height, tower. The measurement of any freestanding wireless communications facility as measured at ground level to the top of the structure, including antenna(s) but excluding lightning rods.

Height, building or structure. The vertical distance measured from the adjoining grade at the front entrance of the building or structure to the highest point. For corner lots, the building height shall be the average of the front height defined above and the building side height adjacent to the street. The building side height is the vertical distance measured from the lowest adjoining grade on the side adjacent to the street to the highest point of the structure.

Height, tree. The measurement taken from the top of the root ball to the top of the trunk.

Historical area. An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the area, of such significance as to warrant conservation and preservation. An historic area is not currently in, or does not currently constitute, an historic district.

Historic district. A site, structure, landmark, one or more of them, or a group of them, which have unique architectural, historic, cultural, or archaeological importance to the county, the commonwealth, or the nation, and designated on the official zoning map as an historic district.

Historic site. A site or structure which may not be included in an historic district, but which has an important historic, architectural or cultural significance to the county, commonwealth, or nation. Historic site registries are provided by the Virginia Landmarks Registry or the National Register of Historic Places.

Historic structure. Any structure that is:

(1)

Listed individually in the Virginia Landmarks Registry or the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with certified historic preservation programs:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Hog farm, commercial. A farm where hogs are kept, fed and transported from other places; also see "intensive agriculture."

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

Home occupation, class A. An occupation, except for farming, conducted primarily on-site involving persons residing on the premises. Such occupations may require the use of accessory structures, and may include the service and repair of agriculture related vehicles and equipment. Such uses are customary, incidental and secondary to the property's primary residential purpose and must be generally compatible to the existing character of the surrounding area. No more than five clients or customers and two employees who do not live on the premises shall be allowed on the premises at any one time on a regular basis.

Home occupation, class B. An occupation, except for farming, conducted primarily on-site involving persons residing on the premises. Such occupations may require the use of accessory structures or outside areas, and may include the service and repair of agriculture related vehicles and equipment. Such uses are incidental and secondary to the property's primary residential purpose and must be generally compatible to the existing character of the surrounding area. No more than ten employees or clients shall be allowed on the premises at any one time on a regular basis.

Hotel. A building or group of attached or detached buildings containing lodging units accessible from the inside or outside and intended primarily for rental or lease to transients by the day, week or month. Such uses generally provide additional services such as daily maid service, restaurants, meeting rooms and/or recreation facilities.

Household pet. Domesticated animals kept for personal use or enjoyment within the home. Household pet shall include but is not limited to dogs, cats, birds, and rodents. Household pet does not include farm animals, such as horses, ponies, cows, pigs, chickens, goats, and sheep.

Immediate family. Any person who is a natural or legally defined offspring, stepchild, spouse, sibling, grandchild, grandparent, aunts, uncles, nieces and nephews or parent of the owner of whole or half blood, or by adoption or legal guardianship.

Impound lot. A holding place for cars until they are placed back in the control of the owner, recycled for their metal, stripped of their parts at a wrecking yard or auctioned off for the benefit of the impounding agency.

Industry, heavy. Manufacturing or other enterprises with significant external effects, or which pose significant risks due to the involvement of explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials in the manufacturing or other process.

Industry, light. Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Light industry is capable of operation in such a manner as to control the external effects of the manufacturing process, such as smoke, noise, soot, dirt, vibration, odor, etc. Use may include, but are not limited to, a machine shop, the manufacturing of apparel, electrical appliances, electronic equipment, camera and photographic equipment, ceramic products, cosmetics and toiletries, business machines, paper products (but not the manufacture of paper from pulpwood), musical instruments, medical appliances, tools or hardware, plastic products (but not the processing of raw materials), pharmaceuticals or optical goods, bicycles, any other product of a similar nature.

Industry, medium. Enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses. Medium industry produces moderate external effects such as smoke, noise, soot, dirt, vibration, odor, etc.

Interior parking lot island. An island or planting area surrounded on at least three sides by a parking lot or access road.

Itinerant vendor. Any person or temporary vendor, including but not limited to fireworks stands and Christmas tree lots, who engages in, does, or transacts any temporary or transient business in the county and who, for the purpose of carrying on such business, occupies any location for a period of less than 45 days and requires the approval of a development permit. Itinerant vendor does not include food trucks; refer to definition.

Junkyard. The use of any area of land of more than 200 square feet in area for the buying or selling, storage, keeping, or abandonment of junk. For the purposes of this definition, junk shall refer to all scrap materials, discarded equipment and household items, parts of vehicles, and pieces of watercraft.

Kennel, commercial. The boarding, breeding, raising, grooming or training of two or more household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain.

Kennel, private. The keeping, breeding, raising, showing or training of four or more household pets over six months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective.

Laboratory. An establishment whose principal purpose is the research, compounding and/or packaging of scientific products, which may include light manufacturing.

Lake Anna shoreland. The land area owned by Dominion Energy between the property line, generally at an elevation of 255 feet above mean sea level of any parcel, and the waterline of Lake Anna.

Landfill. A permitted facility where refuse and other disposable materials are compacted and buried between layers of soil.

Landmark. An individual site or feature (which may or may not be a structure), or a site with a structure or structures on it, of particular importance because of its unique architectural, historical, cultural, or archaeological features, designated an historic district or eligible for designation on the state or National Register of Historic Places.

Landscaping. The improvement of the appearance of an area by the planting of trees, grass, shrubs, or other plant materials, or by the alteration of the contours of the ground.

Laundry facility. Establishments primarily engaged in the provision of laundering, cleaning or dyeing services other than those classified as "personal services." Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services.

Licensed medical facility. A healthcare establishment providing patient services under the supervision of licensed healthcare professionals. This category includes, but is not limited to, pharmacies, urgent care centers, hospitals, and medical clinics engaged in the diagnosis, treatment, or prevention of illness or injury. The facility may provide overnight care, serve as a base for ambulance services, or offer emergency treatment. Facilities dispensing or administering controlled substances must operate under a valid and active registration with the United States Drug Enforcement Administration (DEA) in accordance with federal law.

Life care facility. A residential facility primarily for the continuing care of the elderly, providing for transitional housing progressing from independent living in various dwelling units, with or without kitchen facilities, and culminating in nursing home type care where all related services are located on the same lot. Such facility may include other services integral to the personal and therapeutic care of the residents. An "assisted living facility" would be included in this definition.

Light pollution. Any adverse effect of man-made light including sky glow, glare, light trespass, light clutter, and decreased visibility at night.

Light trespass. Light sources casting excessive light upon adjacent property, body of water or upon a public right-of-way, also called light spillover.

Livestock. Any animal customarily kept by humans for the purpose of providing food, clothing, or work, including but not limited to, cows, goats, horses, pigs, barnyard fowl, etc., but not including cats, dogs, or other house pets.

Livestock market. A commercial establishment wherein livestock, including horses or ponies, offered for sale and auctioned.

Loading space, off-street. Space for bulk pick-ups and deliveries, scaled to expected delivery vehicles used, and accessible to such vehicles when required off-street parking spaces are full.

Lot. A parcel of land intended to be developed, or otherwise used as a unit, established by plat, subdivisions or as otherwise permitted by law.

Lot area, minimum. The minimum lot area shall be as established in each zoning district. The minimum lot area shall be exclusive of any newly established right-of-way or easement established as part of a private road, street or lane.

Lot, corner. A lot located at the intersection of two or more roads. Of the two sides of a corner lot, the lot front shall be the narrowest measurement taken between the two side lot lines fronting the roads.

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

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

Lot frontage. The minimum horizontal distance between the side lot lines, measured at the front lot line or road line.

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

Lot, irregular. A lot of such a shape or configuration that technically meets the area, frontage and width to depth requirements of this chapter by incorporating unusual elongations, angles, curvilinear lines unrelated to topography or other natural land features.

Lot line. The property line of a lot.

Lot of record. A lot recorded in the county circuit court clerk's office.

Lot width. Measured at the building or setback line, which is generally located where the building or structure is to be placed. If the lot width is not met at the required setback, the front setback becomes the point on the lot where the minimum lot width is met.

Lot, pipe stem. A "panhandle," pipe stem or "flag" shaped lot with its widest point set back from the road at the rear of another lot (called the pan or flag or pipe), and having a thin strip of land connecting to the road to provide legal access and frontage (called the handle or stem). The area within such strip of land shall not be used in determining whether a lot complies with minimum acreage requirements.

Low-to-moderate income. The income of an individual or family that does not exceed 80 percent of the median household income (as determined by HUD.gov) for the county.

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

Manufactured home. A structure subject to federal regulation, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and built on a permanent chassis. The design of this structure is for single family dwelling use with or without a permanent foundation, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. Some manufactured homes are also known as mobile homes.

Manufactured home park. Also referred to as a mobile home park or trailer park. Any area designed to accommodate three or more manufactured homes for residential use.

Manufactured home sales. Establishments primarily engaged in the display, retail sale, rental, and minor repair of new and used manufactured homes, modular homes, and may include parts, and equipment.

Marina. Waterfront establishments and structures whose primary business and function is the servicing and repair of boats and boating equipment such as fueling, pumping-out, chartering, launching, or dry- storage.

Media, adult. Magazines, books, videotapes, movies, slides, CD-ROMs or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

Medical office. A facility that provides diagnostic services, minor surgical care, counseling, and outpatient treatment on a routine basis. The facility does not provide overnight care, serve as a base for ambulance services, or primarily offer emergency treatment. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia. Medical offices that dispense or administer controlled substances must also meet the requirements of a licensed medical facility.

Mineral extraction. See "resource extraction."

Mini-warehouse. A building designed to provide rental storage space in cubicles where each cubicle has a maximum floor area of 400 square feet, are enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods.

Modular home. A dwelling unit primarily manufactured off-site in accordance with the Virginia Uniform Statewide Building Code standards and transported to the building site for final assembly on a permanent foundation.

Monopole. A style of free-standing antenna support structure consisting of a single shaft attached to an engineered foundation. This type of antenna support structure is self-supporting without the use of guy wires or other stabilization devices. These facilities are often mounted to a foundation that rests on or in the ground or on a building's roof (see "antenna support structure").

Motion picture theater, adult. An establishment that shows sexually oriented movies, distinguished or characterized by an emphasis on the exhibition of specified sexual activities or specified anatomical areas as a significant part of its business.

Motor vehicle towing services. A business that tows or otherwise moves vehicles from one place to another by the use of a motor vehicle specifically designed for that purpose. Motor vehicle towing services may include the temporary storage of motor vehicles. For towing services that store less than ten vehicles, the business is exempt from fencing, visual barriers, or other local ordinances. Towing services that temporarily store less than ten vehicles may do so up to 30 days. At or before 30 days, the vehicles must be returned to the owner or moved to an automobile repair service, a commercial vehicle repair service, an automobile graveyard, or a salvage and scrap service.

Multi-establishment building. A structure containing more than one establishment.

National Register of Historic Places. The official list, maintained by the National Park Service of the United States Department of the Interior, of historic resources considered by that agency to be worthy of preservation.

NIT. A unit of measurement for the brightness of a display, specifically its luminance, and are equivalent to one candela per square meter (cd/m ² ).

Non-commercial speech. Speech that is not commercial speech, but does not include expressions related solely to the economic interests of the speaker and its audience that do not concern lawful activity or are misleading.

Non-conforming building. Any building the size, dimensions or location of which was lawful upon erection or altered, but fails to conform to current standards and regulations due to amendment of this chapter.

Nonconforming lot. A lot, the area, dimensions or location of which were lawful at the time the lot was created, but which fails to conform to current standards and regulations due to amendments of this chapter.

Nonconforming structure. A legal structure when originally erected, but that fails to conform to the current standards and regulations due to amendments to this chapter.

Nonconforming subdivision. A legal subdivision plat when originally approved, but that fails to conform to the current standards and regulations due to amendments of this chapter.

Nonconforming use. A legal use or activity when originally established, that fails to conform to the current standards and regulations due to amendments of this chapter.

Noncontiguous parcels. Any parcel of land in Louisa County that is physically separated by a fee simple right-of-way, dedicated for federal, state or county purposes and use, may be deemed as separated and constitute individual tax parcels, subject to the conditions and provisions in section 86-532, recognizing noncontiguous parcels for taxation and development purposes.

Nursery. A place where plants are grown commercially, either for sale direct to the public or to other retailers.

Nursing home. A use providing bed care and in-patient services for persons requiring regular medical attention but excluding a facility providing surgical or emergency medical services and excluding a facility providing care for alcoholism, drug addiction, mental disease, or communicable disease.

Occupancy. The period during which one owns, rents, uses, or occupies a certain premises or land.

Occupant. A person who, on a regular basis, spends nights at a residence. A person is considered an occupant regardless of whether they spend the majority of their nights at a residence, if the times they do stay overnight are regular and recurrent. In addition, a person shall be considered an occupant if their clothes or other daily living supplies are maintained at the residence.

Off-grid construction (residential). The practice of building a home without connecting to public utilities. Off-grid homes are self-sufficient and generate their own power and water, with no physical connection or relationship with any sort of utility service, and all the power it uses comes from an energy source that it generates and stores on its own. Off-grid construction shall be considered as conventionally constructed dwellings, in compliance with all requirements of the USBC.

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

Open space. Any parcel of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment. Open space may include active recreational facilities such as swimming pools, play equipment, ball fields, court games, and picnic areas. Open space does not include rights-of-ways, roads, sidewalks, parking areas, or building footprints.

Open space, common. Land within or related to a development, not individually owned or dedicated for public use, for the common use or enjoyment by the residents of the development.

Open space, required. Any unimproved space required in any front, side or rear yard. Streets, sidewalks, parking areas and building footprints shall not count towards any open space requirements.

Outdoor display. Outdoor portion of a retail use open to the public and dedicated to the display of wares for customer inspection.

Outdoor gathering. Any temporary organized gathering expected to attract 200 or more people at one time in open spaces outside an enclosed structure. Included in this use type are entertainment and music festivals, church revivals, carnivals and fairs, and similar transient amusement and recreational activities not otherwise listed in this section. Excluded uses are activities held in public parks or on public school property and non-commercial gatherings having less than 500 people. An event shall be commercial if a charge is imposed or a donation is requested for admission to such event or for the sale of anything at such event.

Outdoor storage. The keeping, in other than a building or structure, of any goods, materials, or merchandise on the same parcel for more than 24 consecutive hours.

Overlay district. A district established by this chapter to prescribe special regulations applied to a site in combination with the underlying or base district.

Parcel or parcel of land. A lot or parcel described by a plat or other legal description.

Parent parcel or tract. A parent parcel or tract is a large parcel of land which, when subdivided creates smaller parcels or lots. Parent parcels or tracts are those existing as of December 18, 1997. The portion(s) of a parent parcel or tract remaining once subdivided are called residue parcels or residual parcels, tracts or lots.

Parking facility. A site having improved surface parking or a parking structure use which provides one or more parking spaces together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and similar features meeting the requirements established by this chapter. This use type shall not include parking facilities accessory to a permitted principal use. This use type excludes temporary parking facilities permitted by county code.

Parking lot area. The square foot area of the parking spaces, aisles and interior parking lot islands, excluding access drives that do not have parking spaces within them.

Parking space, compact. A space for parking a one passenger vehicle that is less than 16 feet long and eight feet wide and marked "compact car."

Parking space, normal. A space for parking one passenger vehicle that is at least 18 feet in length and nine feet in width.

Patio. A hard surfaced area constructed of durable materials directly adjacent to a principal building without walls or a roof.

Pawn shop. A business engaged in loaning money on the security of property pledged and the incidental sale of such property.

Pedestrian ways. Paved, marked or otherwise designated pedestrian treatments meeting American Association of State Highway Transportation Officials AASHTO standards.

Permitted use. A permitted use or uses allowable in the zoning district in which the land is situated. Where the proposed use is allowable and is in accordance with all other regulations, the zoning administrator shall approved a zoning permit.

Person. An individual, firm, corporation, or association.

Personal improvement services. Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction.

Personal services. Establishments or places of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; grooming of pets; seamstresses, tailors, or shoe repairs; florists; laundromats, and dry cleaning stations serving individuals or households.

Planning commission. The Louisa County Planning Commission also known as the planning commission or the commission, which promotes the orderly development of the county and its environs and serve primarily in an advisory capacity to the board of supervisors.

Plat. A map or plan of a parcel of land that is to be, or has been subdivided. When used as a verb, "plat" is synonymous with "subdivide."

Point source discharge. Any discernible, confined, and discrete conveyance including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water run-off.

Porch. A roofed open area, which may or may not be enclosed and usually attached to or part of and with direct access to or from, a building.

Post office. Postal services directly available to the consumer operated by the United States Postal Service.

Poultry. Domestic fowl normally raised on a farm, such as chickens, ducks, geese, turkeys, peafowl, guinea fowl, etc.

Premises. See "lot."

Preservation. The act or process of applying measures to sustain the existing form, integrity, and material of a site, structure, or landmark and their existing form and vegetative cover. Preservation may include initial stabilization work, where necessary, as well as ongoing maintenance of these elements.

Principal building or structure. Also called the primary or main building it is the largest permanent building or structure on a lot or parcel.

Principal use. The main use of land, buildings or structures as distinguished from a secondary or accessory use.

Private lane. An access way for residential use serving less than three lots which is within a 50-foot deeded right-of-way or easement and built to the design standards in subsection 86-567(11). Private lanes are restricted as to the hours of access by the public or by those who may use it and are maintained by the property owners association or by the lot or parcel owners who are afforded access to their lots or parcels by such private lanes.

Private well. Any water well constructed for a person on land which is owned or leased by that person, and is usually intended for household, groundwater source heat pump, agricultural use, industrial use, use as an observation or monitoring well, or other nonpublic water well, as defined in Virginia Department of Health Regulations.

Property. Any tract, lot, parcel or several of such tracts, lots or parcels under common ownership.

Public. Shall mean anything owned, operated, provided and/or maintained by a local, state, or federal government.

Public assembly. Facilities that accommodate assembly for sports, amusements, or entertainment purposes. Typical uses include auditoriums, sports stadiums, convention facilities, and incidental sales and exhibition facilities. Such facilities may include privately owned and/or operated assemblies.

Public maintenance and service facility. A public facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities including street or sewer yards, equipment services centers, and similar uses having characteristics of commercial services or contracting or industrial activities.

Public park and recreational area. Publicly owned and operated parks, picnic areas, playgrounds, indoor/outdoor athletic or recreation facilities, indoor/outdoor shelters, amphitheaters, game preserves, open spaces, and other similar uses. This shall not include "public recreation assembly."

Public recreation assembly. Publicly-owned and operated community, civic, or recreation centers, year- round swimming facilities, or indoor performing arts/auditoriums.

Public safety communications equipment. All communications equipment owned, leased, and/or operated by a public entity for ensuring the safety of the public.

Public water or sewer system. A water or sewer system owned and operated by a municipality or county, or owned and operated by a private individual, partnership, or corporation approved by the governing body pursuant to Code of Virginia, Article 4 or Article 5 of Chapter 21 of Title 15.2 and properly licensed by the state corporation commission and the Virginia Department of Health and/or Virginia Department of Environmental Quality, as applicable.

Quarrying. The industry of extracting stone from an open excavation. Quarrying shall include the extraction and processing of crushed stone for aggregate and related uses and the extraction of stone as blocks for buildings, monuments and related uses, not including sand and gravel operations nor extractive industries of a temporary nature. Also see "resource extraction."

Railroad facility. Railroad yards, equipment servicing facilities, and terminal facilities.

Recreation, active. Those recreational pursuits requiring physical alteration to the area including, but not limited to, pedestrian ways, bikeways, tennis courts, swimming and boating areas, playgrounds, and play fields.

Recreation, passive. Recreational activities that generally do not require physical alterations to the area such as hiking, horseback riding, and picnicking.

Recreation facility, private. A private recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, resort development, or residential neighborhood, including indoor and outdoor facilities. These facilities are usually proposed or planned in association with development and are usually located within or adjacent to such development.

Recreation facility, public. Publicly owned or operated recreation facilities.

Recreational vehicle. A vehicle:

(1)

Built on a single chassis; or

(2)

Consisting of 400 square feet or less in area determined by multiplying its longest horizontal length by its longest horizontal width; or

(3)

Designed to be self-propelled or permanently towable; and

(4)

Primarily used as temporary living quarters for recreational camping, travel, or seasonal use, not as a permanent dwelling.

Recreational vehicle sales and service. Retail sales of recreational vehicles and boats, which may include service and storage of vehicles and parts and related accessories.

Recycling center. A facility used by the general public for the collection of materials for recycling or reuse, including bins, boxes, buildings, self-propelled motor vehicles, trailers and other enclosures or receptacles. Except for county or other governmental sponsored programs to collect and/or recycle household hazardous wastes, this definition shall not include facilities for the collection of non-recyclable materials, such as business and household refuse, garbage, organic materials, medical waste, trash, junk, toxic substances or similar materials.

Refuse collection site. A facility used by the public for the collection of non-recyclable materials, such as business and household refuse, garbage, organic materials, medical waste, trash, junk, toxic substances or similar materials.

Religious assembly. A use located in a permanent building and providing regular organized religious worship and related incidental activities. Primary or secondary schools are not included in this definition as a related incidental activity. Day care and day care centers, as defined, are permittable as an accessory use to a religious assembly when operated directly by a religious organization.

Replacement cost. The cost of restoring a damaged building or structure to its original condition. Replacement cost shall include reasonable estimates of the cost of materials and labor compared with the assessed value as determined by the county assessor to determine the percentage of the cost of improvements.

Research and development. A business which engages in research, or research and development, of innovative ideas in technology-intensive fields. Examples include research and development of communication systems, transportation, geographic information systems, multi-media and video technology. Development and construction of prototypes may be associated with this use.

Residential density. A gross measure of dwelling units per acre rounded up to the next whole unit (e.g. 5.2 dwelling units/acre (du/a) counts as 6 du/a).

Residential dwelling. A building or part of a building, containing living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by individuals or families.

Residue or residual parcel or lot. The remaining portion of a parent parcel or tract after division or subdivision takes place. Residue parcels are five or more acres or have a minimum of 300 feet of existing state road frontage. For determining if the splitting of land is either a division or subdivision, a residue parcel shall not be counted as a lot in agricultural or residential districts when the residue parcel is at least five acres or has at least 300 feet of existing state road frontage. Residue parcels in commercial and industrial districts shall not be counted as a lot for determining if the splitting of land is either a division or subdivision, regardless of the lot size, existing state road frontage, or existing access.

Resource extraction. A use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil mining. Specifically excluded from this use type shall be grading and removal of dirt associated with an approved site plan or subdivision, or excavations associated with a bona fide agricultural use.

Restaurant. An establishment where food and beverages are prepared and sold or served to customers for consumption on-premises or off-premises consumption.

Restaurant, drive-in. A restaurant using a drive thru lane to take orders or take food off premises.

Retail sales of controlled substances. The sale or transaction of legally authorized controlled substances directly to consumers, including but not limited to prescription medications, hemp products intended for consumption, substances containing any percentage of controlled substances, and other regulated substances. This category excludes alcohol, tobacco, agricultural activity passive, and facilities lawfully operating under a valid and active registration with the United States Drug Enforcement Administration (DEA) as licensed medical providers.

Right-of-way. A legally recorded irrevocable rite of passage on property owned by another intended to be occupied by a street, utility service, water main, sanitary or storm sewer main, or other similar use.

Road, county. A public road not accepted by VDOT for maintenance as part of the secondary system of state highways or one discontinued by VDOT from the system (transferring it back to the local governing authority).

Road, private. A road that is restricted in some way to access by the public, regulated by hours of use, or otherwise is limited to access by privilege, generally associated with property ownership or membership.

Road, privately maintained. Any roadway with restricted hours of access by the public or by those who may use it. The definition shall include public roads maintained by the individuals living along or otherwise served by the road or by a property owners association created for purposes including maintenance of streets.

Road, public. A road providing principal means of access to abutting property, and encompassed by a right-of-way dedicated to public use and maintained by the commonwealth as a part of the state primary or secondary road system. The right-of-way width shall not be less than 50 feet.

Road, service drive. Also referred to as a "frontage road or reverse frontage road." A public right-of-way generally parallel and contiguous to a major highway, primarily designed to promote safety by controlling ingress and egress to the right-of-way by providing safe and orderly points of access to the highway.

Road, state. Any road maintained by VDOT as part of the secondary system of state highways or the state highway system.

Salvage and scrap service. Place of business engaged in the storage, sale, dismantling or other processing of uses or waste materials not for reuse in their original forms. Typical uses included paper and metal salvage yards, automotive wrecking yards, junk yards, used tire storage yards, or retail and/or wholesale sales of used automobiles parts and supplies or scrap.

Satellite earth station. A single or group of parabolic (or dish) antennas mounted to a support device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration. A satellite earth station may include the associated separate equipment cabinets necessary for the transmission or reception of wireless communications signals with satellites.

Sawmill, permanent. A sawmill permanently located for the purpose of processing timber from the property on which located, from adjoining property, or from other properties removed from the sawmill or its environs without regard to point of origination. This definition does not include logging operations that are not regulated by the county.

Sawmill, temporary. A portable sawmill temporarily located on private property for the processing of timber cut only from that property or from property immediately contiguous and adjacent thereto. This definition does not include logging operations that are not regulated by the county.

Sawmill, temporary non-commercial. A portable sawmill temporarily located on private property for the non-commercial processing of timber cut only from that property or from property immediately contiguous and adjacent thereto. Non-commercial sawmills may only be operated for 21 calendar days. This definition does not include logging operations or personal property maintenance work which are not regulated by the county.

School, private. Any building or group of buildings the use of which meets state requirements for elementary, secondary or higher education which use does not secure the major part of its funding from any governmental agency.

Screening. A method of visually shielding or obscuring abutting or nearby structures or uses from another by opaque fencing, walls, or densely planted vegetation.

Service area. A geographic area established by the board of supervisors and designated in the county comprehensive plan or an element thereof in which a public water or sewer system is authorized to offer its services.

Setback. The minimum distance of separation by which any building or structure must be have in relationship to the property lines.

Setback line. See "building setback line."

Setback projections. Certain residential property improvements may project into the required yards or setbacks in all zoning districts according to the table found in section 86-118.

Shelter. A facility providing temporary protective sanctuary for victims of crime or abuse including emergency housing during crisis intervention for individuals, such as victims of rape, child abuse, or physical beatings.

Shooting range, indoor. A facility for the use of a structure for archery or firearms for the purposes of target practice or competitions, for commercial purposes.

Shooting range, outdoor. A facility for the use of land for archery or firearms for the purposes of target practice, skeet and trap shooting, mock war games, or formal competitions, for commercial purposes.

Short-term rental of a dwelling. The rental of a dwelling for periods of 30 days or less.

Shrub. A woody plant producing multiple shoots or stems from the base height, with a total height of 15 feet or less. When used to meet the landscaping criteria, perennial plants that, at the time of planting, shall have a minimum height of two feet measured from the ground elevation after planting or was grown in a three-gallon container.

Signs. Any object, device or structure, or any part thereof including the sign face and the sign structure, visible from beyond the boundaries of the lot on which it is located, which exists primarily to advertise, identify, display, or direct or attract attention to a structure, object, person, institution, organization, business, product, service, event, issue or location by any means, including letters, figures, designs, devices, pictures, projected images, symbols, fixtures, colors, logos, emblems, or insignias or any part of combination thereof.

There are several categories of signs referred to in this chapter, as follows:

Sign, advertising. A sign, including a billboard, which directs attention to a business, commodity, activity, service or product not conducted, sold or offered upon the premises where it is located.

Sign, advertising vehicle. A motor vehicle, trailer or semi-trailer (collectively, "vehicle") having a permanent or temporary sign affixed, painted on or placed upon it, including a sign that alters the vehicle's manufacturer's profile. This section shall not allow the parking of a vehicle to which a sign is attached or use of such vehicle as a portable sign.

Sign, agricultural product. A sign or signs identifying the produce, crops, animals or poultry raised or quartered on the property and which do not exceed 32 square feet in area.

Sign, anchor. A sign that identifies any specific business within a shopping center.

Sign, animated. A sign that moves or a sign that changes lighting by any mechanical, electrical or other device.

Sign, area of. The area of a sign shall be determined from its outside measurements, including any wall work incidental to its decoration, but excluding supports, unless such supports are to attract attention. In the case of a sign where lettering appears back-to-back, that is, on opposite sides of the sign, the area shall be considered only one face. In the case of an open sign made up of individual letters, figures, or designs, the area shall be determined as if such display were made on a sign with straight lines or circular sides.

Sign, auction. A sign advertising an auction that does not exceed four square feet in area, and which is posted for a total of 30 days or less in a calendar year. Removal of such signs shall occur within seven days after the auction date. In addition, one sign 32 square feet or less, is allowable on the subject property seven days before the event and removed no later than the day following the event.

Sign, awning. A sign applied directly to the surface or incorporated into the design of an awning or canopy attached to a building façade.

Sign, banner. A temporary sign, not exceeding 60 square feet, consisting of a piece of fabric or other flexible material, suspended from a fixed structure, rope, wire, string or cable. The display of banners shall not exceed two weeks advertising for a special event, product or group.

Sign, billboard. A freestanding off-site sign that advertises a product, commodity or service available off-site.

Sign, bulletin board. A type of directory sign, not exceeding 24 square feet, has changeable copy enclosed in a casement covered by glass, plexiglass or other transparent material. A bulletin board sign is allowable in any zoning district used in conjunction with churches, schools or similar places of assembly.

Sign, business. A sign, which directs attention to a product, commodity or service available on the premises where the sign is located, or affixed on or in the building.

Sign, canopy. A type of wall sign attached to the fascia of a canopy.

Sign, commemorative plaque. A sign that honors the memory of an individual, commemorate an historical event, person or place, which does not exceeding 16 square feet in sign area.

Sign, construction. A temporary sign that identifies a construction project and/or an architect, contractor, subcontractor, material supplier or lending institution participating in the construction project. Such signs shall not exceed 32 square feet in aggregated sign area and must be removed within seven days of the issuance of the certificate of occupancy.

Sign, directional. A sign not exceeding nine square feet in area, indicating the direction to and giving only the name of the farm or business responsible for the erection of same. Applications for directional signs must have the approval of the property owner on which the sign is to be placed. Churches and nonprofit organizations shall likewise be permitted to erect directional signs not exceeding nine square feet, however, in the case of churches and nonprofit organizations, county permission to erect said sign shall not be required.

Sign, directory. A type of freestanding or wall sign, that displays the names and/or the addresses of the establishments or uses of a building or group of buildings located within the development for the sole purpose of providing direction and is not located at the road entrance to the development.

Sign, electronic message. A sign or portion of a sign that is capable of displaying words, symbols, figures, or images that can be electronically changed by remote or automatic means. Electronic message signs permitted prior to the effective date of this chapter (June 16, 2025) must comply with all lighting/illumination standards, contained in article V, signs, within 12 months. All other sign features, including zoning district location, size and height shall be considered legally non-conforming.

Sign, estate. A sign that identifies the name of a private residence, the occupant and/or street address. Such signs shall not exceed six square feet. (Also a residence sign.)

Sign, face. The area or display surface used to advertise, identify, display, or direct or attract attention.

Sign, farm. A sign that identifies the name of a property in agricultural or forestal use, does not include commercial identification and does not exceed six square feet.

Sign, flag. A sign consisting of a piece of fabric or other flexible material attached to a flagpole, except as otherwise authorized. A flag representing the official symbol (past or present) of a national, state or local government is not a sign for the purposes of this section.

Sign, flag-Commercial. A flag that contains commercial speech.

Sign, flag—Non-commercial. A flag that contains no commercial speech, such as decorative, hospitality, and seasonal flags containing no advertising, words or logos related to a specific business, product or service, and does not represent the official symbol of a national, state or local government.

Sign, flashing. An illuminated sign of which all or part of the illumination is flashing or intermittent, or changing in degrees of intensity, brightness or color.

Sign, freestanding. A sign standing on the ground. Such signs usually receive supported from the ground by one or more poles or posts or similar uprights with or without braces. This term includes benches and A-frame or sandwich board signs.

Sign, general advertising. A sign which directs attention to a product, commodity, or service not necessarily available on the premises or which directs attention to the approximate location of an establishment.

Sign, height. The vertical distance measured from lowest adjacent grade to the highest point of the sign or sign structure.

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

Sign, identification. A permanent on-premises sign announcing the name of a subdivision, multi- unit residential development, church, institution, school, park, shopping center, industrial park, public or quasi-public area or similar type use. An identification sign is not a business sign.

Sign, illuminated. A sign with an artificial light source incorporated internally or externally for illuminating the sign.

Sign, incidental. A sign that has a purpose secondary to the use of the lot on which it is located, such as "handicap parking," "no parking," "entrance," "loading only," "telephone," and other similar directives. Such sign shall not exceed four square feet in area.

Sign, location. An off-premises sign which directs attention to the approximate location of a church, school or other nonprofit institution.

Sign, maintenance. The cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter in any way, however slight, the copy, design, or the structure of the sign.

Sign, marquee. A type of wall sign incorporated in or attached to a marquee, and that may have changeable copy.

Sign, menu. A sign designed and located to be read from a drive-thru lane.

Sign, monument. A freestanding sign attached to a continuous structural base, which base is not less than half the width of the message portion of the sign and is permanently affixed to the ground. Monument signs do not include freestanding signs supported by poles or other devises.

Sign, moving. A sign, any part of which moves by means of an electrical, mechanical or other device, or that is set in motion by wind.

Sign, nonconforming. Any sign, the area, dimensions or location of which were lawful at erection, but which fail to conform to the current regulations due to amendments of this chapter.

Sign, off-site. A sign that is not located on the same lot with the use to which it pertains, but does not include a sign located in a public right-of-way.

Sign, on-site. A sign located on the same lot with the principal use to which it pertains, and includes every sign whose copy is exclusively noncommercial speech.

Sign, political. A sign 32 square feet or less in area, which pertains to the candidacy of one or more persons for an elective office, or pertains to one or more issues to be voted upon, in an upcoming election. Such sign shall be removed within ten days thereafter. Political signs shall not be posted in the yards of private property owners without the permission of the property owner and do not require permitting from the zoning administrator. Billboards, where permissible under the provisions of this ordinance, are excluded from the definition of a political sign.

Sign, portable. A freestanding temporary sign that is designed to be moved easily, and is not permanently affixed to the ground.

Sign, private drive. An on-site sign that contains only the words "private drive." Such sign is limited to four square feet and one such sign per entrance.

Sign, projecting. A business sign erected, projecting perpendicularly to the building wall surface to which it is attached, no part of which is more than six feet from the wall surface of the building on which it is erected.

Sign, public. A sign that is erected and maintained by a town, city, county, state or federal government or an authority thereof, and any lawful road name and number sign regardless of whether it was publicly or privately erected or maintained.

Sign, rare gas illumination. A sign using a rare gas such as neon, argon, helium, xenon, or krypton in a glass tube for illumination.

Sign, real estate. A sign erected on a lot or parcel, either vacant or with improvements, that identifies the subject property for sale or rent. Such signs shall not exceed nine square feet in area.

Sign, residence (See "sign, estate").

Sign, residential. A sign erected on a lot containing a private dwelling whose copy is exclusively noncommercial speech. Such signs shall not exceed 20 square feet.

Sign, roof. A sign erected on a structure that is located on or constructed as part of the roof system and does not extend above the roof line of the building.

Sign, public event sign. A sign advertising only the name, time and place of any bona fide fair, carnival, festival, bazaar, horse show fund raising activity, or similar event when conducted by or for the benefit of any civic, religious, educational or charitable cause.

Sign, setback. The minimum distance required between any property line and any portion of a sign or sign structure.

Sign, special advertising. A type of sign no more than nine square feet in area featuring announcements such as "Grand Opening," "Under New Management," "Going Out of Business," or "Coming Soon" (listed as examples, but not all inclusive) or which advertises weekly specials or special services offered for a limited time. Special advertising signs may not be displayed for longer than two weeks (14 days) and must be removed by the 15th day. Placement of a special advertising sign may be permitted on-site for additional time; refer to definition of a sign, temporary.

Sign, special decorative display. A special decorative display used for holidays or public events, and which is displayed for a total of 60 days or less in a calendar year. Removal of such a display shall occur within seven days of said event.

Sign, structure. The supports, uprights, bracings and framework of any structure, be it single-faced, double-faced, V-type or otherwise, used to exhibit a sign.

Sign, subdivision. A type of freestanding or monument sign erected at the entrance of a residential, commercial or industrial development that identifies the development.

Sign, suspended. A sign which is suspended, parallel or perpendicular from a building wall, roof, facade, canopy, marquee, or porch by means of brackets, hooks, or chains and the like.

Sign, temporary. Means an attached on-premises sign, made of a nonridged material, designed and displayed for a seasonal or brief activity such as, but not limited to, sales, specials, promotions, holidays, auctions, business grand openings, business coming soon, and signs advertising the lease or vacancy or rental units in multi-unit residential developments. Symbols, figures, balloons, and other similar items shall be considered temporary signs. Display of such signs are allowable for not more than 90 days before the event or activity described and shall be removed within one week of its conclusion.

Sign, temporary directional. Signs erected, with the property owner's permission, directing individuals to the location of a special event or gathering. Such signs shall not be posted more than seven days prior to the event and must be removed within seven days after the event. Such signs shall not exceed nine square feet in area.

Sign, temporary subdivision advertising. Signs erected on a parcel or at the entrance to a residential, commercial or industrial subdivision that identifies the name of the development and advertises for sale lots within the development. Such signs may also include project lot or housing price range, mortgage company and/or real estate agent information. Temporary subdivision advertising signs shall be permitted for six-month increments, with a letter requesting renewal from the applicant for additional six-month increments and to be removed upon issuance of a permit for the placement of a permanent subdivision identification sign.

Sign, wall. A sign, including a projecting sign painted on printed on, or attached to, a wall of a building and parallel to the wall, is located on a fake mansard, or is a canopy sign or a marquee sign. No part of which is more than 12 inches from the surface of the building if parallel or three feet if projecting, on which it is erected. Such sign may be illuminated.

Sign, warning. A sign that provides a warning or a notice to persons on, or entering upon, the premises on which the sign is located including, but not limited to, signs stating that solicitations, hunting, fishing or trespassing is prohibited, that a dog is present on the property, and that the property is protected by a security or alarm system.

Sign, window. A permanent or temporary sign affixed to the interior or exterior of a window or door, or within three feet of the interior of the window or door; provided, that the display of goods available for purchase on the premises is not a window sign. Such signs shall not exceed 25 percent of the total area of the window or door on which it is located.

Sludge. Any solid, semisolid or liquid wastes with similar characteristics and effects generated from a public, municipal, commercial or industrial wastewater treatment plant, water supply treatment plant, air pollution control facility or any other waste producing facility. This does not include animal waste treatment plants as an accessory to a farming activity as specified in section 86-142(4) of this chapter, or as a permitted use in the agricultural district with a conditional use permit.

Solar generation facility, small-scale. An onsite solar energy conversion system producing not more than 72 kW of electricity. Small-scale solar energy systems generally reduce onsite consumption of utility power for agricultural and residential applications. Onsite may include adjacent parcels under common use, ownership, and control. Rooftop mounted arrays do not require zoning approvals (related Code of Virginia, § 15.2-2288.7). Ground mounted arrays require zoning approval as accessory structures.

Solar generation facility, minor-scale. An onsite solar energy conversion system producing less than two MW of electricity. Minor-scale solar energy conversion systems generally reduce onsite consumption of utility power for civic, commercial and industrial applications. Onsite may also include adjacent parcels under common use, ownership, and control. Rooftop mounted arrays do not require zoning approvals (related Code of Virginia, § 15.2-2288.7). Ground mounted arrays require zoning approvals as accessory structures.

Solar generation facility, utility-scale. A solar energy conversion system producing a minimum of two MW or more of electricity to a utility provider. Such facilities interconnect with an existing electrical grid serving other facilities which are not adjacent or under common use, ownership or control.

Solid waste. Any garbage, refuse, sludge and other discarded material, including solid, liquid, semisolid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations and from community activities.

Special occasion facility. A place of assembly where dances, parties, receptions, and other gatherings are held for profit, except when sponsored or co-sponsored by government, civic, charitable, or nonprofit groups.

Specialty shop. A small-scale (less than 2,500 square foot) retail use which offers for sale items of art or crafts, or which offers for sale items related to a specific theme, e.g., kitchen wares, pet care, etc.

Specified anatomical areas:

(1)

Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities. Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Stable, commercial. The sheltered boarding of more than ten horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and their non-paying guests. Included in this definition are riding academies.

Stable, private. The keeping, breeding, or raising of horses or ponies exclusively for the personal use and enjoyment of the owner or occupant of the property or the riding of horses or ponies by the owner or occupant of the property and their guests.

State road. A roadway part of the Virginia State Highway System or Secondary Highway System.

Stealth. See "concealed wireless communications facility."

Store, adult. An establishment that offers for sale or rent items from any of the following categories:

(1)

Adult media;

(2)

Sexually-oriented goods; or

(3)

Goods marketed or presented in a context to suggest their use for specified sexual activities; and

(4)

The combination of such items constitutes more than 15 percent of its stock in trade or occupies more than 15 percent of its gross public floor area; and where there is no on-site consumption of the goods, media or performances for sale or rent.

Store, general. Buildings for display and sale of retail merchandise

Store, neighborhood convenience. A store primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware. Convenience stores shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores.

Story. That portion of a building, other than the basement having a floor usable by people.

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

Studio, fine arts. A building, or portion thereof, used as a place of work by a sculptor, artist, or photographer; or used as a place to exhibit and offer for sale works of the visual arts (other than film).

Subdivider. Any person or two or more persons owning any parcel of land to be subdivided, or a person or group of persons who has given their power of attorney to one of their group or to another individual to act on their behalf in planning, negotiating for, representing or executing the legal requirements for subdivision.

Subdivision. Splitting any tract, parcel or lot of land into two or more parts, other than a division of a parent parcel or a family subdivision, for the purpose of transfer of ownership or building development. Consistent with this definition, any new road constructed to serve more than two lots shall be constructed to VDOT standards for subdivision roads. The residue tract after subdividing is not counted as a lot for the purposes of this definition. Subdivided parcels may not be further subdivided or divided unless the remaining division rights are noted on a recorded plat or in conformance with existing ordinances.

Subdivision agent. The official appointed by the board of supervisors charged by formal resolution to enforce the subdivision ordinances on the board's behalf. He or she may serve as the subdivision agent with or without compensation as determined by the governing body.

Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoration to its before-damaged condition would equal or exceed 50 percent of the current market value of the building or structure before the damage occurred.

Substantial improvement. Any repair, reconstruction or improvement of a building structure, the cost of which equals or exceeds 50 percent of the current market appraised value of the structure. For the purpose of this definition, "substantial improvement" means when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not include:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

(2)

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Substantially the same. Land use applications of any type are substantially the same as a previous application if the application includes one of the following:

(1)

A previously requested land use action on any parcel or parcels included in a previous application; or

(2)

Any requested land use action that may result in the ability to gain the same or similar land use by definition.

Surplus sales. Businesses engaged in the sale of used or new items, involving regular or periodic outdoor display of merchandise for sale. Typical uses include flea markets and factory outlets, or discount businesses with outdoor display.

Surveyor. A certified land surveyor licensed by the commonwealth.

Temporary family health care structure. A separate, independent dwelling unit located on the same lot as the primary dwelling unit, subject to the following:

(1)

The dwelling unit shall be limited to one occupant, or a married couple, who is a mentally or physically impaired person, as defined in Code of Virginia, § 15.2-2292.1.

(2)

The occupant's caregiver shall own or occupy the property, and related by blood, marriage, or adoption to or the legally appointed guardian of the occupant.

(3)

The dwelling unit shall have a maximum gross floor area of 300 square feet.

(4)

The dwelling unit shall comply with the uniform statewide building code.

(5)

The dwelling unit shall not have a permanent foundation.

(6)

The dwelling unit shall comply with all standards applicable to accessory structures, except that it shall comply with setbacks applicable to primary structures.

(7)

A physician licensed in Virginia shall provide written certification of the status of the mentally or physically impaired occupant of the structure.

(8)

Removal of the dwelling unit shall occur within 60 days after the occupant is no longer receiving or no longer in need of assistance for which the unit was provided.

(9)

Only one temporary family health care structure shall be permitted per lot.

Tower. See "antenna support structure."

Transfer station. Any storage or collection facility operated as a relay point for municipal solid waste ultimately to be transferred to a landfill.

Transportation terminal. A facility for loading, unloading, and interchange of passengers, baggage, and incidental freight or package express between modes of ground transportation, including bus terminals, railroad stations, and public transit facilities.

Travel trailer. See "recreational vehicle."

Truck stop. A facility especially designed for truckers that usually includes large areas to park semi-trucks or tractors hauling trailers, one or more places to eat, fuel islands, and may include but not limited to a service garage, weigh station, truck wash and showers.

Truck freight terminal. A facility for the receipt, transfer, short term storage, and dispatching of goods transported by truck. Included in the use type would be express and other mail and package distribution facilities, including such facilities operated by the U.S. post office.

Utility jurisdictional service area. The board of supervisors designated service areas for public central water and sewerage systems.

Utility lot. A parcel(s) of land, area of water or combination of land and water within a subdivision or development designed and intended for residents, occupants of the development or the public and set aside for utility service purposes; not including streets, off-street parking or private yard space.

Utility service, major. Service of a regional nature which normally entails the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, power generation battery storage facilities, or solar arrays generating two MW or more of electricity which leaves the site boundaries, and similar facilities. Included in this definition are also electric, gas, and other utility transmission lines of a regional nature which are not otherwise reviewed and approved by the Virginia State Corporation Commission. Public and private water and sewer systems are excluded from this definition.

Utility service, minor. Service which is necessary to support development within the immediate vicinity and involve only minor structures. Included in this use type are small facilities such as transformers, relay and booster devices, well, water, sewer pump stations, and solar arrays (generating less than two MW of electricity which remains inside the site boundaries).Water and sanitary services and their facilities owned and operated by the county are exempt from this definition.

Variance. A reasonable deviation from the provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure in accordance with Code of Virginia, § 15.2-2201, as amended. A variance shall not include a change in use, which change shall be accomplished by a rezoning or a conditional rezoning, or a special exception or special use permit. Also see section 86-119 waivers and setback projections.

VDOT. The Virginia Department of Transportation.

Vegetative buffer. A vegetative buffer for screening purposes shall include a mix of trees and shrubs with varying heights and densities to provide maximum screening throughout the year, considering factors like evergreen vs. deciduous foliage. Wooden privacy fences and berms may be used to supplement existing and proposed plantings at the discretion of the zoning administrator; who may choose to forward the proposal to the planning commission for a recommendation. The terms buffering or screening yard, or any variation of these terms, as used throughout the ordinance in conjunction with vegetative buffers shall include a yard or designated area with certain screening, like opaque fencing or landscaping materials, required between abutting zoning districts of differing use intensities or between adjoining land uses for decreasing the adverse impact of differing uses and districts. Vegetative buffers meeting the above criteria shall be shown on a plan prepared by a certified landscape architect; surveyor; engineer; or other qualified licensed professional.

Vegetative filter strip. An area consisting of either a manmade or natural vegetative strip adjacent to the shoreline intended to filter out sediment and other non-point source pollutants from stormwater runoff before it reaches a watercourse.

Vested right. A right that cannot be changed or altered by changes in regulations (Virginia Code, § 15.2-2307).

Veterinary hospital/clinic. An establishment rendering surgical and medical treatment of animals. The boarding of domestic animals at these facilities shall only be indoors, on a short term basis, and shall only be incidental to such hospital/clinic use, unless authorized and approved as a commercial kennel. The boarding of agricultural livestock such as horses and cows may take place outdoors as appropriate.

Video-viewing booth or arcade booth, adult. An enclosure designed for occupancy by, used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or media, or live performances or lingerie modeling, for observation by patrons therein.

Virginia Landmarks Register. The official list, maintained by the department of historic resources, of historic resources considered by the board of historic resources to be worthy of historic preservation.

Visible. Capable of viewing without visual aid by a person of normal visual acuity.

Waiver, minor. A minor waiver is an exception, variation or modification granted by the zoning administrator, where provided for by ordinance, of not more than 20 percent from any provision contained in the zoning ordinance with respect to physical requirements on a lot, parcel of land, or water body, including but not limited to size, height, location or features of or related to any building, structure, or improvements (section 86-119). In addition to any review criteria specified by ordinance from the governing body, such as but not limited to review and/or approval by the planning commission, a waiver may only be granted if it is determined that:

(1)

The strict application of the ordinance would produce undue hardship;

(2)

Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and

(3)

The authorization of the waiver will not be of substantial detriment to adjacent property and the character of the zoning district and will not be changed by the granting of the waiver.

Prior to the granting of a waiver, with the exception of waivers of information, the zoning administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within 21 days of the date of the notice. The zoning administrator shall make a decision on the application for waiver and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this paragraph.

Walkway. A passage or path for people to walk along; and may be raised above the ground.

Warehousing and distribution. Uses including storage, warehousing and dispatching of goods within enclosed structures, or outdoors. Typical uses include wholesale distributors, storage warehouses and moving/storage firms.

Waste heat treatment facility. Also referred to as WHTF or cooling lagoons (normal pool elevation of 251 feet above mean sea level). The WHTF is a private water treatment facility owned by Dominion Energy Virginia where the North Anna Power Plant discharges the water it uses to cool the nuclear plant into a series of three private lagoons that eventually discharge water back into Lake Anna (normal pool elevation of 250 feet above mean sea level).

Watercraft. Any boat, vessel, craft, or other conveyance that is designed to be used, or is made to use, for the transportation of persons, goods, or a combination thereof, upon or under the water; except that, inflatable rafts, paddle boards, un-motorized water skis, and other similar small devices are excluded.

Water dependent facility. A development of land that must be located adjacent to a body of water by reason of the intrinsic nature of its operation. These facilities include, but are not limited to (i) the intake and outfall structures of power plants, water treatment plants, sewage treatment plants, and storm sewers; (ii) marinas and other boat docking structures; (iii) beaches and other public or non-public water- oriented recreation areas; and (iv) fisheries or other marine resources facilities.

Wayside stand. An establishment for the seasonal retail sale of agricultural goods and merchandise primarily produced by the operator on the site, or on nearby property. Agricultural goods produced on other properties owned or leased by the operator may also be sold provided a majority of the produce comes from land surrounding the wayside stand. This use type shall include agricultural products picked by the consumer.

Wetlands. Are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

Wildlife reservation. Land set aside to achieve the preservation or conservation of wildlife including associated habitat.

WCF. See "wireless communication facility."

Winery, farm. An agricultural enterprise licensed by the Virginia Alcoholic Beverage Control Board (ABC) as a farm winery pursuant to Code of Virginia, § 4.1-207(5).

Winery, major. An operation which, including any authorized representative of such person, enters into an agreement with any Virginia wholesale wine licensee and:

(1)

Is licensed as a winery,

(2)

Is licensed as a wine importer and is not simultaneously licensed as a wine wholesaler,

(3)

Manufactures or sells any wine products, whether licensed in the commonwealth or not, or

(4)

Without regard to whether such person is licensed in the commonwealth, has title to any wine products, excluding Virginia wholesale licensees and retail licensees, and has the manufacturer's authorization to market such products under its own brand or the manufacturer's brand.

Wireless communications. Any personal wireless service, which includes but is not limited to: cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), and unlicensed spectrum services utility devices described in 47 CRF 15.3 of the FCC rules and regulations (i.e., wireless internet services and paging).

Wireless communication facility (WCF). Any manned or unmanned location for the transmission and/or reception of radio frequency signals or other wireless communications, and usually consisting of an antenna or group of antennas, transmission cables, and equipment cabinets, and may include an antenna support structure and an equipment compound.

Wireless communication facility, attached. Means an antenna or antenna array that is secured to an existing building or structure (which was not originally planned for such use) with any accompanying pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure. An attached wireless communications facility is considered to be an accessory use to the existing principal use on a site.

Wireless communications facility, concealed. (WCFC). Sometimes referred to as a "stealth or camouflaged" facility, means a wireless communications facility, ancillary structures, or WCF equipment compound that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site. There are two types of concealed WCFs:

(1)

Attached: Examples of concealed attached facilities include, but are not limited to the following: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure.

(2)

Freestanding: Freestanding concealed WCFs usually have a secondary, obvious function which may be, but is not limited to the following: church steeple, windmill, bell tower, clock tower, cupola, light standard, flagpole with or without a flag or tree. See also "non-concealed wireless communication facility."

Wireless communication facility, freestanding. Means any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or group of antennas, feed lines, and equipment cabinets, and may include an equipment compound and/or antenna support structure. A freestanding wireless communication facility may include, but is not limited to the following: guyed, lattice, or monopole antenna support structures.

Wireless communication facility, government (WCFG). Means a wireless communication facility (WCF) owned or leased by a local, state, or federal government entity and used for governmental purposes.

Wireless communication, mitigation. Means modifying an antenna support structure to increase its height or improve its integrity or to replace or remove one or several antenna support structure(s) located in proximity to a proposed new antenna support structure.

Wireless communication facility, non-concealed. Means a wireless communication facility that is readily identifiable as such and can be either freestanding or attached.

Wireless communications facility, pole mounted. Means a wireless communications facility affixed to a monopole (typically freestanding) and not more than 100 feet in height.

Woodlands. Tree stands, lines of trees, and lands in active forestal use.

Yard or setback. An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter. There are several categories of yards referred to in this chapter, as follows:

Yard, front. An open space on the same lot as the building, between the front line of the building and the front lot or street line, and extending across the full width of the lot.

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

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

Zoning administrator or deputy zoning administrator. Also referred to as the "administrator" in the zoning ordinance.

(Res. of 4-19-21(2021-83); Res. of 1-18-22(2022-2); Res. of 3-7-22(2022-4); Ord. of 8-1-22(2022-13), Att.; Ord. of 12-5-22(2022-17); Ord. of 10-2-23(2023-7), Att.; Ord. of 6-3-24(2024-7 meeting), Att.; Ord. of 1-7-2025(2025-1 meeting); Ord. of 1-21-2025(2025-2 meeting); Ord. of 6-2-2025(2025-8) meeting; Ord. of 6-16-2025(2025-9) meeting)

Cross reference— Definitions and rules of construction generally, § 1-2.

State Law reference— Virginia Manufactured Housing Construction and Safety Standards Law, Code of Virginia, § 36-85.2 et seq.; application of local ordinances, Code of Virginia, § 36-85.11.

The zoning administrator or the deputy zoning administrator shall administer and enforce this chapter. The administrator and deputy shall serve at the pleasure of the governing body and shall receive compensation by resolution of the governing body.

(a)

Any principal use, building or structure shall be constructed, reconstructed, enlarged or altered only after a zoning or building permit or both has been obtained from the administrator.

(b)

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

(c)

Each application for a zoning permit shall be accompanied by an accurately scaled drawing. The drawing shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land, and the location of such building or use with respect to the property lines of such parcel of land and to the right-of-way of any street or highway adjoining such parcel of land. Any other information which the administrator may deem necessary for consideration of the application may also be required.

(d)

If the proposed use is in conformity with the provisions of this chapter, the zoning administrator, deputy zoning administrator or designee, shall issue a zoning permit to the applicant.

The zoning administrator shall interpret the classification of all land uses within the context, intent and definitions of this chapter.

Within each zoning district of this chapter, uses that are not expressly listed as permitted, or permitted with a conditional use permit, shall be deemed excluded. The use of property by a use that is excluded from the underlying zoning district shall be a violation of this chapter.

If in any district established under this chapter, a use is not specifically permitted and an application is made by a property owner to the administrator for such use, the administrator shall refer the application to the Planning Commission, which shall make its recommendation to the governing body within 30 days. If the recommendation of the planning commission is approved by the governing body, this chapter shall be amended accordingly.

(a)

A landowner's rights shall be deemed vested when the landowner:

(1)

Vested rights—Obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing development of a specific project.

(2)

Relies in good faith on the significant affirmative governmental act, and

(3)

Incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act.

(b)

For the purpose of this section and without limitation, the following are deemed significant affirmative governmental acts allowing development of a specific project:

(1)

The board of supervisors has accepted proffers or proffered conditions which specify use related to a zoning amendment;

(2)

The board of supervisors has approved an application for a rezoning for a specific use or density;

(3)

The board of supervisors has granted a special exception or conditional use permit;

(4)

The board of zoning appeals has approved a variance;

(5)

The board of supervisors or its designated agent has approved a preliminary subdivision plat, site plan or plan of development for the landowner's property and the applicant diligently pursues approval of the final plat or plan within a reasonable period of time under the circumstances;

(6)

The board of supervisors or is designated agent has approved a final subdivision plat, site plan of development for the landowner's property; or

(7)

The zoning administrator or other administrative officer has issued a written order, requirement, decision or determination regarding the permissibility of a specific use or density of the landowner's property that is no longer subject to appeal and no longer subject to change, modification or reversal under Code of Virginia, § 15.2-2307, as amended.

(a)

If at the effective date of this chapter, any legal activity is being pursued, or any lot or structure legally utilized in a manner or for a purpose which does not conform to the provisions of this chapter, such manner of use or purpose may be continued as provided in this article; except that, advertising structures that become nonconforming because of a rezoning shall have 24 months within which to relocate in a permitted area.

(b)

If any change in title or renewal of a lease of a nonconforming lot or structure occurs, the use existing may be continued.

(c)

If any nonconforming use, structure or activity is discontinued for a period exceeding two years after the enactment of this chapter, it shall be deemed abandoned, and any subsequent use shall conform to the requirements of this chapter.

(d)

Whenever a nonconforming structure, lot or activity has been changed to a more limited nonconforming use, such existing use may only be changed to an even more limited use.

(e)

Temporary seasonal nonconforming uses that have been in continual operation for a period of two years or more prior to June 18, 1969, may be continued.

(f)

Per Code of Virginia, § 15.2-2307, if the local government has issued a building permit, the building or structure was thereafter constructed in accordance with the building permit, and upon completion of construction, the local government issued a certificate of occupancy or a use permit therefore, or the owner of the building or structure has paid taxes to the locality for such building or structure for a period in excess of 15 years, the building or structure is deemed to be nonconforming.

On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to such extent that the structure is kept in a usable condition. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with promoting public safety, upon order of such official.

Whenever the boundaries of a district are changed, any lawful uses of land or building which become nonconforming as a result of such change shall become subject to the provisions of this division.

A lawful nonconforming structure to be extended or enlarged shall conform to the provisions of this chapter, except that a legal nonconforming structure may be extended or enlarged so long as the portion to be extended or enlarged does not encroach any further into any setback or yard regulations than the existing structure. A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the time of enactment of this chapter.

Lawfully existing residential lots, including lots shown on a subdivision plan approved or recorded prior to the adoption of this chapter, which have areas or yard dimensions less than the minimums required by this chapter, shall not be considered in violation of any of the following specific regulations:

(1)

Area of lot;

(2)

Setback;

(3)

Side, front or rear yard dimensions; and

(4)

Off-street parking.

Editor's note— The effective dates of the chapter are July 1, 1969 and February 16, 2021, respectively. Lawfully existing residential lots are subject to those requirements based on the recordation date.

(a)

If a lawfully nonconforming activity or structure is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence shall exceed 50 percent of the cost of reconstructing the entire activity or structure, it shall be restored only if such use complies with the requirements of this chapter. However, property owners so affected may take recourse to obtain rezoning.

(b)

Where a conforming structure devoted to a nonconforming activity or a nonconforming structure is damaged less than 50 percent of the cost of reconstructing the entire structure, either may be repaired or restored, provided any such repair or restoration is started within 12 months and completed within 30 months from the date of partial destruction.

(c)

The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or activity devoted to a nonconforming use.

(d)

If a nonconforming structure is a single-family dwelling or an historical area, as defined in this chapter, it may be restored or replaced regardless of the percentage of destruction.

(a)

Where so listed in the district regulations of the zoning district where the use is located, in addition to the zoning permit certain uses shall require a conditional use permit approved by the governing body. These permits shall be subject to such conditions as the governing body deems necessary to carry out the intent of this chapter.

(b)

In determining imposed conditions, the governing body shall take into consideration the intent of this chapter and may impose reasonable conditions that:

(1)

Abate or restrict noise, smoke, dust or other elements that may affect surrounding property.

(2)

Establish setback, side and front yard requirements necessary for orderly development and to prevent traffic congestion.

(3)

Provide for adequate parking and ingress and egress to public streets or roads.

(4)

Provide adjoining property with a buffer or shield from view of the proposed use if such use is considered detrimental to adjoining property.

(5)

Tend to prevent such use from changing the character and established pattern of development of the community.

(c)

No such conditional use permit may be granted except after report and recommendation by the county planning commission and after notice and hearing as provided for amendment of this chapter in Code of Virginia, § 15.2-2204.

(d)

Any use, building or activity legally in existence on the effective date of this chapter, or for which a building permit was issued prior to the effective date of this chapter, shall not require a conditional use permit, so long as such existing use, building or activity is not substantially expanded or enlarged beyond the extent of its operation on the effective date of this amendment.

(e)

The governing body may refuse to issue, change and may revoke, a conditional use permit if, in its opinion, the proposed activity will be detrimental to the health, safety and general welfare of the public, is not compatible with the surrounding area, or fails to conform to local and state laws.

(f)

A complete application with all associated application fees shall be required prior to review of any conditional use.

(g)

Upon the denial by the board of supervisors of any application filed pursuant to this section, substantially the same application shall not receive reconsideration within 12 months of the date of denial.

(Ord. of 8-1-22(2022-13), Att.)

Editor's note— Ord. of 1-7-2025(2025-1 meeting), adopted January 7, 2025, repealed § 86-44, which pertained to application for conditional use permit for public water or sewer system where required by zoning district regulations and derived from Ord. of 8-1-22(2022-13), Att., adopted August 1, 2022.

In order to preserve and protect the counties rural ambiance and its agricultural and forestal lands, the board made a determination that the total approved utility-scale solar generation facilities shall not exceed two percent of total county acreage or 6,343 acres (current approved facilities total 5,053 acres). Siting agreements between the county and developer shall be required. In addition, such facilities may not locate more than a mile from existing high-voltage transmission or distribution line rights-of-way. Proposed facilities exceeding the one-mile limitation shall receive consideration on a case-by-case basis and no such facilities are allowable in the R-1, R-2, IND, or I-1 growth area overlay districts. All references, within the conditional use and site development requirements, where the term "construction" is used, shall also mean "deconstruction" and "decommissioning;" and vice-versa.

(1)

Siting agreements. Solar siting agreements offer a pathway to ensure utility scale solar generating facilities contribute positively to the local economy and community development. Establishing minimum standards within siting agreements will help protect county interests and ensure long-term benefits. Requirements include financial contributions to affordable housing, timelines for project commencement, and compensation for adjacent property owners. These provisions are designed to achieve a balanced approach, where the benefits of solar energy align with community needs and fair expectations for adjacent residents.

a.

Annual contribution. Solar project operators should contribute between 0.075% and 0.125% of the county's operating budget as an annual payment per megawatt produced. This amount will be transferred and utilized in accordance with the siting agreement fund balance policy.

b.

Allocation to a fund balance.

c.

Project timeline requirement. Solar project applicants must begin generating electricity within five years of project approval. Failure to meet this timeline would require:

1.

Renegotiation of the existing siting agreement.

2.

Reapplication for a conditional use permit (CUP).

3.

Updating the decommissioning bond to align with current standards.

d.

Compensation for adjacent property owners. To mitigate the impact on adjacent property owners, it is recommended that solar project operators provide $500.00 per parcel per year to neighboring landowners. This compensation can be structured as either:

1.

Electric bill abatement. A reduction in electricity costs for adjacent parcel owners, or

2.

Property tax abatement. An annual credit toward property taxes for the duration of the project's operation.

(Ord. of 8-1-22(2022-13), Att.; Ord. of 6-17-24(2024-6); Ord. of 2-18-2025(2025-4) meeting)

In addition to the requirements set forth in section 86-43, a conditional use permit application for a minor or utility-scale solar generation facility shall provide the following information:

(1)

Project narrative:

a.

Identify the applicant, facility owner, site owner, and operator, known at the time of application and provide property control or ownership documentation via lease, purchase option or deed.

b.

Describe the project including an overview, its location, years of operation; site area in acres; current site use; the projects compatibility with its surroundings and conformance to the adopted county comprehensive plan.

c.

Address any impacts to nearby cultural/historical features.

d.

Explain setbacks, vegetated buffers, landscaping and the use of pollinator-friendly and wildlife-friendly native planting areas.

e.

Describe the existing and proposed access roads serving the project and address construction traffic management and control.

f.

Give construction and deconstruction hours of operation and address maximum noise levels and mitigation.

g.

Describe any glint or glare produced by the solar panels and any necessary mitigation measures needed.

h.

Estimated times for construction and operations commencement.

i.

Maximum electricity generation capacity.

j.

Approximate number and representative type, and expected footprint of solar equipment under construction, including numbers and types of photovoltaic panels; ancillary facilities.

k.

Where and how the transmission of electricity generated at the facility will occur, including the proposed location of electric grid interconnection.

l.

Applicant to submit a copy of the PJM Interconnection application with the CUP application. PJM Interconnection LLC (PJM) is a regional transmission organization (RTO) in the United States. It is part of the Eastern Interconnection grid operating an electric transmission system serving all or parts of Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and the District of Columbia.

(2)

Concept development plan:

a.

Show property and setback lines.

b.

Provide an area map showing the proposed site within a five-mile radius.

c.

Identify any prominent landmarks and physical features on the property.

d.

Show locations and heights of existing and proposed buildings, structures, and other improvements, including preliminary locations of proposed solar equipment.

e.

Proposed locations of stormwater facilities.

f.

Locate any proposed battery storage describing its type, dimensions, capacity, and certifications while addressing the threat of possible fires. The battery storage location shall be on the solar panel side of the buffer; and meet or exceed all approved site setback and buffer requirements. A fire suppression plan must be submitted that either addresses ingress and egress for continued fire suppression purposes or an external fire department connection (FDC) must be provided for review and approval by the fire chief.

g.

Show existing and proposed access roads, permanent entrances, temporary construction entrances, drives, turnout locations, cemetery locations and access and parking, written confirmation from the Virginia Department of Transportation (VDOT) that all entrances satisfy applicable VDOT requirements;

h.

Fencing to ensure public safety.

i.

Inverter locations.

j.

Identify areas where sufficient vegetative buffering exists or needs supplemental plantings, or new vegetation, and areas where pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers shall be planted following Virginia Pollinator-Smart Program best practices. All such vegetative areas shall require maintenance and replacement of dead or dying as necessary throughout the life of the project.

k.

The extent of existing already known wetlands and woodlands on the property.

l.

Identification of predominant soil types of those lands.

m.

Identification of project parcels located in a designated growth area as shown in the currently adopted county comprehensive plan.

n.

Identify any project parcels located in or immediately adjacent to an approved agricultural and forestal district.

o.

Provide scaled elevation views and simulations of proposed vegetative buffers at planting, and over five-, ten- and 20-year periods, to assess their effectiveness in reducing visual impacts as taken from adjacent public rights-of-way and dwellings.

p.

Location of existing cemeteries, protection measures and access.

q.

The zoning administrator or planning commission or board of supervisors may also require other relevant information including mitigation plans in order to fully evaluate the application.

(3)

Transportation and traffic control plan:

a.

The applicant or project owner shall prepare and submit such a plan to the Virginia Department of Transportation (VDOT) and the county for review and approval. Such plan shall address the following:

1.

Directing employee traffic and delivery traffic to specific roadways to access the property to minimize conflicts with local traffic patterns.

2.

Lane closures, flagging procedures, directional and informational signage.

3.

Designated routes for employees, deliveries of equipment and materials on secondary roads to the property.

4.

Designated delivery and parking areas.

5.

Dust control and mitigation, using water trucks, mulch, or similar methods.

6.

Measures necessary to prevent deposits of soil and mud onto adjacent roads from construction-related traffic.

7.

A pre- and post-construction road evaluation, and any necessary repairs to the public or private roads damaged by the project. If a traffic issue arises during the construction of the project, the applicant or project owner shall develop, with input from the county and VDOT, and complete appropriate measures to mitigate the issue.

(4)

Cultural/historical plan:

a.

The applicant shall provide a phase IA cultural resource assessment of the projects general impacts prepared by a state qualified environmental professional. Such report shall contain a Virginia Cultural Resource Information System (VCRIS) desktop survey of the facility's property, and applicable documentation from the Virginia Department of Environmental Quality, (DEQ), Department of Historic Resources (DHR), Department of Wildlife Resources (DWR), and the Department of Conservation and Recreation (DCR).

b.

At a minimum the desktop survey scope shall encompass the proposed site and all property within one mile and include previously performed surveys.

c.

Provide an environmental context.

d.

A cultural context description.

e.

Assessment results.

f.

Conclusions and recommendations.

g.

A list of resources used and references.

(5)

Economic plan:

a.

Any expected change in the value of the subject property,

b.

Expected employment during the construction of the facility,

c.

Any expected impact on the county's tax revenues,

d.

The estimated costs to the county associated with the facility in the form of additional services,

e.

Information on any other economic benefits or burdens from the project, and

f.

Address the financial impact to the county regarding fire and EMS, including the cost of training and additional equipment and supplies for fighting battery storage fires if applicable.

(6)

Landscaping and buffering plan:

a.

The plan shall addresses the vegetative buffering required, including the use of existing and newly installed vegetation necessary to buffer the facility from view. Such vegetative buffers shall be a minimum of 300 feet surrounding all utility-scale solar projects. Supplemental plantings must reach a minimum height canopy of 20 feet within ten years. The plan also must address the use and maintenance of pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers in the project area and in the setbacks and vegetative buffering following the Virginia Pollinator-Smart Program best practices.

(7)

The board of supervisors may grant a conditional use permit for any solar photovoltaic project that may include:

a.

Dedication of real property of substantial value or

b.

Substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the granting of a conditional use permit, so long as such conditions are reasonably related to the project. (Code of Virginia, § 15.2-2288.8).

(8)

All references, within the conditional use and site development requirements, where the term "construction" is used, shall also mean "deconstruction" and "decommissioning;" and vice-versa.

(Ord. of 8-1-22(2022-13), Att.)

The applicant shall hold a public community meeting prior to the planning commission's public hearing with the planning commission to give the community an opportunity to hear from the applicant and ask questions regarding the proposed facility under the following guidelines:

(1)

The applicant shall inform the zoning administrator and adjacent property owners in writing of the date, time and location of the meeting, at least seven but no more than 14 days in advance of the meeting.

(2)

The applicant shall advertise the meeting notice in a newspaper of record in the county giving the meetings date, time and location at least seven but no more than 14 days, in advance of the meeting date.

(3)

The meeting shall take place within the county, at a location open to the public with adequate parking and seating facilities that will accommodate persons with disabilities

(4)

The meeting shall give members of the public the opportunity to review application materials, ask questions of the applicant and provide feedback.

(5)

The applicant shall provide to the zoning administrator a summary of any input received from members of the public at the meeting and any responses.

The appropriate fee shall be paid at the time of submission of any application for permit, review or hearing required by this chapter, in accordance with the schedule of fees as adopted by the board of supervisors from time to time.

Once proffered and accepted as a part of an amendment to the zoning ordinance and/or the zoning map, such conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by such conditions; however, such conditions shall continue in full force and effect if the subsequent amendment is a part of a comprehensive implementation of a new or substantially revised zoning ordinance. All such conditions shall be in addition to the regulations provided for the district by the ordinance.

Enforcement of conditions accepted and imposed by ordinance as provided in section 86-49 shall be the responsibility of the zoning administrator or designee subject to the provisions of state law (Code of Virginia, § 15.2-2286).

(a)

Whenever any section or provision of this chapter or of any regulation adopted under the authority thereof requires a greater width or size of yards, courts or other open spaces; requires a lower height of building or less number of stories; requires a greater percentage of lot to be left unoccupied; or imposes other higher standards than are required in any state statute or other county ordinance or regulation, the provision of this chapter or of the regulation adopted under the authority thereof shall govern.

(b)

Whenever any section or provision of any state statute or other county ordinance or regulation requires a greater width or size of yards, courts or other open spaces; requires a lower height of building or less number of stories; requires a greater percentage of lot to be left unoccupied; or imposes other higher standards than are required by any section or provision of this chapter or of any regulation adopted under the authority thereof, the provisions of such state statute or other county ordinance or regulation shall govern.

The board of supervisors finds that a portion of the police power of the commonwealth has been delegated to each county to be exercised reasonably in determining the manner of its development. The Virginia Legislature has left much discretion to the county in making such determinations, relying on the local governing body's knowledge of local conditions and the needs of its individual communities. Public necessity, health, safety, convenience, general welfare, good zoning practices and the aesthetic values and priorities of the local citizenry provide guiding factors for the board of supervisors in its quest to exercise its legislative mandate in formulating a reasonable policy of county planning for the general good and welfare.

The board of supervisors may amend, supplement or change the regulations in the zoning ordinance, or the zoning boundaries of classifications of property on the zoning map, in conformity with the Code of Virginia and the provisions and purposes of this section.

The board of supervisors may amend this article by amending the text thereof, or by changing any district boundary shown on the adopted zoning map, provided proceedings for any amendment shall be initiated only in the following manner.

(1)

Property owner application. By filing with the board of supervisors or agent a land use amendment application of any owner or owners of land proposed to be rezoned, which application shall be addressed to the board of supervisors or agent and shall be on a standard form and accompanied by a fee as established by the board of supervisors.

(2)

By motion of the planning commission.

(3)

By motion of the board of supervisors.

Prior to any public hearing before the board of supervisors any applicant for rezoning may voluntarily proffer, in writing, reasonable conditions to be applied to such rezoning as part thereof. Such conditions shall comply with the Code of Virginia.

Once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by such conditions; however, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. All such conditions shall be in addition to the regulations provided for the district by the ordinance.

Each such rezoning shall be designated on the zoning map by an appropriate symbol designed by the zoning administrator.

The zoning administrator and deputy zoning administrator shall be vested with all necessary authority on behalf of the board of supervisors of the county to administer and enforce conditions attached to a rezoning including the ordering in writing of the remedy of any noncompliance with such conditions and the bringing of legal action for injunction, abatement or other appropriate action or proceeding.

The commission shall hold a public hearing on any such application or resolution as provided by the Code of Virginia.

After the conclusion of the hearing provided for in this section, unless the proceedings are terminated as provided herein, the commission shall report to the board of supervisors its recommendation with respect to the proposed amendment. Failure of the commission to report to the board of supervisors within 90 days after the first meeting of the commission following the date the proposed amendment has been referred to the commission shall be deemed approval by the commission. Before approving and adopting any zoning ordinance or amendment thereof, the board of supervisors shall hold at least one public hearing thereon, pursuant to public notice as required by Code of Virginia, after which the board of supervisors may make appropriate changes or corrections in the ordinance or proposed amendment. However, no land may be zoned to a more intensive use classification that was contained in the public notice without an additional public hearing after notice required by Code of Virginia. Such ordinances shall be enacted in the same manner as all other ordinances.

Upon the denial by the board of supervisors of any application filed pursuant to section 86-54(1), substantially the same application shall not be reconsidered within 12 months of the date of denial.

Any application filed pursuant to section 86-54(1) above, may be withdrawn upon written request by the applicant any time prior to the submission of any public hearing notice for advertisement; provided, that if the request for withdrawal is made after the publication of the notice of hearing, such withdrawal shall be only with the consent of the either the commission or the board of supervisors, whichever body has advertised the hearing, and the same use shall not be reconsidered within 12 months of the date of action.

Additional notice regarding zoning map amendments, conditional use permit, variance or special exception permit applications initiated pursuant to subsection section 86-54 (1), shall be provided by posting signs on the subject property in the manner prescribed in sections 86-64 and 86-65. However, failure to comply with the posting requirements of this section shall not invalidate any action by the planning commission or the board of supervisors.

At least 15 days preceding the commission's public hearing, the applicant shall erect on the property specified in section 86-63 above, a sign or signs indicating the property is to be subject to public hearing and referencing how to obtain additional information regarding such hearing. The sign shall be erected within ten feet of whatever boundary line of such land abuts a public road and shall be so placed as to be clearly visible from the road. If more than one such road abuts the property, then a sign shall be erected in the same manner as above for each such abutting road. If no public road abuts thereon, then signs shall be erected in the same manner as above on at least two boundaries of the property abutting land not owned by the applicant. The filing of the petition or application shall be deemed to grant consent to the zoning administrator or designee to enter upon the property and to erect such signs. Upon a finding by the board of supervisors that failure to comply with the posting requirements of this section has denied the public reasonable notice of the public hearing, the board may defer action on the petition or application until reasonable notice by posting is given.

The applicant shall exercise due diligence to protect the sign or signs erected pursuant to section 86-63 from vandalism and theft; maintain the sign or signs in the location or locations in an erect position as placed by zoning administrator or designee; and ensure that such sign or signs remain legible. Failure to comply with these responsibilities may be grounds for the commission or the board of supervisors to defer action on the petition or application until there is reasonable compliance.

Any sign erected pursuant to section 86-63 shall remain the property of the board of supervisors. It shall be unlawful for any person, except the applicant performing the maintenance required by this section or the zoning administrator or an authorized agent of either, to remove or tamper with any sign erected pursuant to section 86-63. All such signs shall be removed by the zoning administrator or designee within 15 days following the board of supervisor's final action on the petition or application or the applicant's withdrawal of the petition or application.

Proposed amendments shall be reviewed in regard to section 86-53 of this chapter.

(a)

For the purposes of providing for orderly growth and reasoned consideration of the potential impact of a proposed rezoning, zoning text amendments and conditional use permits upon the comprehensive plan, the board of supervisors may establish timing procedures for consideration of rezoning applications.

(b)

The board of supervisors shall consider comprehensive plan amendments, zoning text amendments, and subdivision text amendments recommended by the department of community development at least once a year if needed.

(c)

A rezoning or conditional use permit requested by property owners shall be considered by the board of supervisors as they are processed by the department of community development.

(a)

Special exceptions are allowable in all zoning districts pursuant to the terms and limitations of this section in order to provide for adjustments to design standards for uses, buildings and structures, and to promote the usefulness of this chapter.

(b)

Pursuant to Code of Virginia, § 15.2-2286(3), the board reserves to itself the right to issue special exceptions.

(c)

Any application for a special exception must include, at a minimum:

(1)

An application form provided by the zoning administrator;

(2)

A sketch site plan and scale profile drawing of any proposed structure;

(3)

A statement of justification addressing each of the considerations enumerated for the board's consideration, as well as any other considerations the applicant deems relevant;

(4)

Any other matter the applicant believes relevant or that is reasonably requested by county staff; and

(5)

Any application fee adopted by the board of supervisors.

(d)

In determining whether to grant a special exception and the conditions of such special exception, the board may consider, without limitation:

(1)

The intent and purpose of the various districts;

(2)

Whether the special exception is consistent with the adopted comprehensive plan;

(3)

Whether the special exception is appropriate to the site, project, or the surrounding area;

(4)

Whether the special exception will assist in maintaining a sense of neighborhood scale by matching new and existing development;

(5)

Whether the special exception will have an adverse effect on site distance or other road safety and road design considerations;

(6)

Any recommendation from the party with the responsibility of maintaining the street, including the Virginia Department of Transportation, if applicable;

(7)

Whether the special exception will have an adverse effect on the light or view shed of nearby properties;

(8)

Whether the special exception will have an adverse effect on planned or reasonably foreseen utility, road, or other improvements; and

(9)

Any other matter reasonably related to the special exception.

(e)

Upon the denial by the board of any application filed pursuant to this section, the same application or use shall not be reconsidered within 12 months of the date of denial.

(a)

In accordance with Code of Virginia, § 15.2-2232, no street or connection to an existing street, park or other public area, public building or other public structure, public utility facility or public service corporation facility, whether publicly or privately owned, may be constructed, established, or authorized by any governmental body except in accordance with this division .

(b)

Application of article. Without limitation, this division applies to:

(1)

All public schools, libraries, and facilities of higher education.

(2)

All public safety services facilities, including police, fire and rescue, sheriff's facilities, courts, and animal control facilities.

(3)

Utilities and services, including any water supply, sanitary sewer, solid waste disposal or transfer facility, drainage system or stormwater management facility, county vehicle maintenance facility, gas facilities not exempt under subsection (c), electric transmission or distribution systems not exempt under subsection (c), telephone systems not exempt under subsection (c), and other communications systems, including internet provision.

(4)

Wireless communications facilities.

(5)

Any other public utility facility, whether publicly or privately owned, not subject to any exemption under subsection (c).

(c)

Exemptions from article. This article does not apply to:

(1)

Natural gas facilities complying with the provisions of Code of Virginia, § 56-265.2:1.

(2)

Electrical transmission facilities complying with the provisions of Code of Virginia, § 56- 265.2(A)(1).

(3)

Public telecommunications facilities approved and funded by the Virginia Public Broadcasting Board pursuant to Article 12 of Title 2.2 of the Code of Virginia, Code of Virginia, §§ 2.2-2426 et seq., or by the board of education pursuant to Code of Virginia, § 22.1-20.1, with the exception of television and radio towers and structures not necessary to house electronic apparatus.

(4)

Underground natural gas or underground electric distribution facilities of a public utility as defined in Code of Virginia, § 56-265.1 within its certificated service territory.

(5)

Railroad facilities.

The following public facilities comply with this chapter:

(1)

Features shown. Public facilities whose general or approximate location, character, and extent shown on the applicable adopted comprehensive plan map.

(2)

Repairs and routine improvements. Submit widening, narrowing, extension, enlargement, vacation, or change in use of streets or public areas for approval, but paving, repair, reconstruction, improvement, drainage, or similar work do not need approval unless there is a change in location or extent of a street or public area.

(3)

Routine extensions. Normal service extensions of a water or wastewater system to not more than two additional connections. A utility line may have no more than one normal service extension in any calendar year under this subsection.

(4)

Final subdivision plats. Any public facility identified in, but not the entire subject of, a final subdivision plat under section 86-614 of this Code. Any extension of such facility may require review under this division.

(5)

Louisa County Water Authority facilities in a designated service area or public facilities of the county water authority within an adopted or designated service area.

(6)

Grandfather clause. Any facility, otherwise subject to this chapter, that is constructed or subject to an approved final or preliminary subdivision plat or site plan as of , conforms with this article. This subsection is in addition to any applicable principles of statutory or common-law vested rights.

(7)

Minor or utility scale solar generation facilities. Such facilities approved by a conditional use permit in accordance with this chapter, shall be in substantial conformance with the then adopted comprehensive plan.

(a)

Any person proposing to establish a public facility may apply to the zoning administrator or his designee, in writing, for a determination of whether any proposed facility is a feature shown on the applicable comprehensive plan map, as provided in section 86-73(a) of this Code.

(b)

Application. Any application must be in writing on a form available from the zoning administrator or his designee. The zoning administrator or his designee will determine whether the form is complete within five business days of submission, and issue a letter either officially accepting the application or stating the specific deficiencies that needing correction for the form to be officially accepted. The periods prescribed under this subsection extend by agreement of the applicant and the county.

(c)

Decision of the zoning administrator or his designee. Within 14 days after submission of an application to the zoning administrator or his designee under subsection (a), the zoning administrator or his designee will make a written determination of whether the proposed facility is, or is not, a feature shown on the county public facilities map. The periods prescribed under this subsection may be extended by agreement of the applicant and the county.

(d)

Appeal. Appeal of a decision of the zoning administrator or his designee under subsection (b) may go to the planning commission. The applicant or the board has 30 days from the decision of the zoning administrator or his designee to make an appeal, in writing. The appeal will be processed and decided in accordance with section 86-75(d) of this chapter.

(a)

Any person proposing to establish a public facility may apply to the planning commission, in writing, for a determination of whether any proposed facility substantially conforms to the county comprehensive plan or part thereof.

(b)

Application. Any application must be in writing on a form from the zoning administrator or his designee. The zoning administrator or his designee will determine whether the form is complete within five business days of submission, and issue a letter either officially accepting the application or stating the specific deficiencies needing correction for the form to be officially accepted. The periods prescribed under this subsection may extend by agreement of the applicant and the county.

(c)

Decision of the planning commission. The planning commission shall hear and determine whether the proposed facility is substantially in conformance with the adopted comprehensive plan within 90 days of official acceptance by zoning administrator or his designee. The planning commission may, and at the written request of the applicant or the board within 30 days of official acceptance must, hold a public hearing on the application following notice and advertisement in accordance with Code of Virginia, § 15.2-2204. The periods prescribed under this subsection may extend by agreement of the applicant and the county.

(d)

Appeal. Either the applicant, in writing within ten days of the planning commission's decision, or the board at any time on its own motion may appeal the decision of the planning commission to the board. The board may affirm or overturn the planning commission's determination. The board must decide any such appeal within 60 days of the final decision of the planning commission or the commission's decision is final.

On denial by the planning commission or board of supervisors of any application filed under this division, substantially the same application will not be reconsidered within 12 months of the date of denial.

(a)

The county may charge a reasonable fee for review of any application made under this division not to exceed the actual cost of review of an application, in accordance with a fee schedule set by the board.

(b)

Any application brought under this article may process simultaneously with a rezoning, conditional use permit, or other application brought under this chapter of the Louisa County Code where feasible.

A board of zoning appeals consisting of seven members shall be appointed in accordance with the provisions of Code of Virginia, § 15.2-2308 and shall have such powers and duties as set forth in the Code of Virginia, § 15.2-2309. Any member of the board shall disqualify themselves from acting upon a matter before the board with respect to property in which such member has an interest.

(a)

Members of the board of zoning appeals may receive such compensation as may be authorized by the governing body.

(b)

Removal of a board member may occur for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the court which appointed him, after hearing held after at least 15 days' notice.

With advanced approval by the governing body, the board of zoning appeals may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services.

The board of zoning appeals by resolution shall adopt such rules and regulations as it may deem necessary to carry out the duties imposed by this chapter. The meetings of the board shall take place at the call of its chairman or at such times as a quorum of the board may determine. The board shall choose annually its own chairman and vice-chairman who shall act in the absence of the chairman. The chairman, or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. All records of official actions shall become a part of the permanent records of the board. All meetings of the board shall be open to the public.

The board of zoning appeals shall have the following powers and duties according to Code of Virginia, § 15.2-2309, as amended:

(1)

To hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of this chapter. The basis for deciding on such appeal will rely on the board's judgment of whether the administrative officer was correct. The determination of the administrative officer shall presume to be correct. The decision on such appeal shall be based on the board's judgment of whether the administrative officer was correct. At a hearing on an appeal, the administrative officer shall explain the basis for his determination after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence. The board shall consider any applicable ordinances, laws, and regulations in making its decision. For purposes of this section, determination means any order, requirement, decision or determination made by an administrative officer. Any appeal of a determination to the board shall comply with this section, notwithstanding any other provision of law, general or special.

(2)

Notwithstanding any other provision of law, general or special, to grant upon appeal or original application in specific cases a variance as defined in Code of Virginia, § 15.2-2201, provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that his application meets the standard for a variance as defined in Code of Virginia, § 15.2-2201 and the criteria set out in this section.

Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, or alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability, and:

a.

The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance;

b.

The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area;

c.

The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance;

d.

The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property;

e.

The relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance pursuant to Code of Virginia, subdivision 6 of § 15.2-2309 or the process for modification of a zoning ordinance pursuant to Code of Virginia, subdivision A 4 of § 15.2-2286 at the time of the filing of the variance application.

f.

Any variance granted to provide a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability may expire when the person benefited by it is no longer in need of the modification to such property or improvements provided by the variance, subject to the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. If a request for a reasonable modification is made to a locality and is appropriate under the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable, such request shall be granted by the locality unless a variance from the board of zoning appeals under this section is required in order for such request to be granted.

No variance shall be considered except after notice and hearing as required by Code of Virginia, § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail.

In granting a variance, the board may impose such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. Notwithstanding any other provision of law, general or special, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and local ordinance; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under the ordinance. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required.

(3)

To hear and decide appeals from the decision of the zoning administrator. No such appeal shall be heard except after notice and hearing, as provided by Code of Virginia, § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail.

(4)

To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by any such question, and after public hearing with notice, as required by Code of Virginia, § 15.2-2204, the board may interpret the map in such way as to carry out the intent and purpose of this chapter for the particular section or district in question. The board shall not have the power to change substantially the locations of district boundaries as established by this chapter.

(5)

No provision of this section shall be construed as granting any board the power to rezone property- or to base board decisions on the merits of the purpose and intent of local ordinances duly adopted by the governing body.

(6)

To hear and decide applications for temporary conditional uses as may be authorized in this chapter. The board may impose such conditions relating to the use for which a permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with.

(7)

To revoke a variance or temporary conditional use if the board determines that there has not been compliance with the terms or conditions of the permit. No variance or temporary conditional use may be revoked except after notice and hearing, as provided by Code of Virginia, § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. If a governing body reserves unto itself the right to issue special exceptions pursuant to Code of Virginia, § 15.2-2286, and, if the governing body determines that there has not been compliance with the terms and conditions of the permit, then it may also revoke special exceptions in the manner provided by this subdivision.

(8)

The board by resolution may fix a schedule of regular meetings, and may also fix the day or days to which any meeting shall be continued if the chairman, or vice-chairman if the chairman is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the meeting. Such finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised for such meeting in accordance with Code of Virginia, § 15.2-2312 shall be conducted at the continued meeting and no further advertisement is required.

Procedure on appeal:

(1)

An appeal to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the locality affected by any decision of the zoning administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this article, any ordinance adopted pursuant to this article, or any modification of zoning requirements pursuant to Code of Virginia, § 15.2-2286.

Notwithstanding any charter provision to the contrary, any written notice of a zoning violation or a written order of the zoning administrator dated on or after July 1, 1993, shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or a written order within 30 days in accordance with this section, and that the decision shall be final and unappealable if not appealed within 30 days.

The zoning violation or written order shall include the applicable appeal fee and a reference to where additional information may be obtained regarding the filing of an appeal. The appeal period shall not commence until the statement is given and the zoning administrator's written order is sent by registered or certified mail to, or posted at, the last known address or usual place of abode of the

property owner or its registered agent, if any. There shall be a rebuttable presumption that the property owner's last known address is that shown on the current real estate tax assessment records, or the address of a registered agent that is shown in the records of the Clerk of the State Corporation Commission.

The appeal shall be taken within 30 days after the decision appealed from by filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

The fee for filing an appeal shall not exceed the costs of advertising the appeal for public hearing and reasonable costs. A decision by the board on an appeal taken pursuant to this section shall be binding upon the owner of the property which is the subject of such appeal only if the owner of such property has been provided notice of the zoning violation or written order of the zoning administrator in accordance with this section.

The owner's actual notice of such notice of zoning violation or written order or active participation in the appeal hearing shall waive the owner's right to challenge the validity of the board's decision due to failure of the owner to receive the notice of zoning violation or written order. For jurisdictions that impose civil penalties for violations of the zoning ordinance, any such civil penalty shall not be assessed by a court having jurisdiction during the pendency of the 30-day appeal period.

(2)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown.

(3)

In no event shall a written order, requirement, decision or determination made by the zoning administrator or other administrative officer be subject to change, modification or reversal by any zoning administrator or other administrative officer after 60 days have elapsed from the date of the written order, requirement, decision or determination where the person aggrieved has materially changed his position in good faith reliance on the action of the zoning administrator or other administrative officer unless it is proven that such written order, requirement, decision or determination was obtained through malfeasance of the zoning administrator or other administrative officer or through fraud. The 60-day limitation period shall not apply in any case where, with the concurrence of the attorney for the governing body, modification is required to correct clerical errors.

(4)

In any appeal taken pursuant to this section, if the board's attempt to reach a decision results in a tie vote, the board may or may not carry the matter over until the next scheduled meeting at the request of the person filing the appeal.

The board shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as well as due notice to the parties in interest and make its decision within 90 days of the filing of the application or appeal. In exercising its powers the board may reverse or affirm, wholly or partly, or may modify, an order, requirement, decision or determination appealed from. The concurring vote of a majority of the membership of the board shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance or to effect any variance from the ordinance. The board shall keep minutes of its proceedings and other official actions which shall be filed in the office of the board and shall be public records. The chairman of the board, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.

(5)

Upon the denial by the board of zoning appeal of any application, including but not limited to, and application for appeal, temporary conditional use, interpretation or variance, filed pursuant to this article, substantially the same application shall not be reconsidered within 12 months of the date of denial.

The board of zoning appeals is authorized by the governing body of the county to review and issue conditional uses permits for the temporary conditional uses permitted in this section, subject to the provisions provided for herein.

(1)

Where a qualified professional (i.e., building official, professional engineer) has certified to the zoning administrator that the permanent dwelling located on a lot has been lost or destroyed and is, as a result, uninhabitable, a mobile home or recreational vehicle may be permitted during the construction of a single family dwelling located on the same lot with the following limitations and conditions:

a.

The temporary conditional use permit shall expire nine months after approval unless the construction of the permanent dwelling has commenced.

b.

The temporary conditional use permit shall be granted for a limited time period not to exceed 18 months, except that prior to or within 30 days of the expiration of that period, the temporary conditional use permit may be extended for one additional one-year period upon approval by the board of zoning appeals.

c.

A mobile home permitted under this subsection must be removed from the property within two months after the issuance of the certificate of occupancy for the permanent dwelling. Recreational vehicles permitted under subsection must cease to be used for dwelling purposes within two months after the issuance of the certificate of occupancy for the permanent dwelling.

d.

A mobile home or recreational vehicle permitted under this subsection shall be occupied only by the intended inhabitants of the permanent dwelling under construction and may in no circumstances be rented to another party.

e.

A mobile home or recreational vehicle permitted under this subsection shall meet all other applicable local and state laws.

f.

When an application for a temporary conditional use permit has been submitted, and is being diligently pursued by the owner in good faith, a recreational vehicle shall be permitted for temporary residential purposes during the period of time that an application for a temporary conditional use permit is being considered by the board of zoning appeals. All applicable health department requirements, such as, but not limited to, the disposal of sewage, shall be met in such circumstances.

(2)

A mobile home in an agricultural or residential district may be used as a temporary dwelling located on the same lot as a single-family dwelling in circumstances of a medical nature that requires home care that cannot be accommodated within the single-family dwelling, with the following limitations and conditions:

a.

A temporary conditional use permit granted by the board of zoning appeals pursuant to this subsection shall not be authorized for a period of time beyond 12 months. However, the temporary conditional use permit may be renewed every 12 months, or less, at the discretion of the board of zoning appeals, provided that the owner requests an extension of time within 30 days of expiration for each authorized period of time.

b.

A temporary conditional use permit granted under this subsection shall expire within one month after the cessation of the circumstances of a medical nature.

c.

A mobile home permitted under this subsection must be removed from the property within two months after the expiration of the temporary conditional use permit.

d.

A mobile home permitted under this subsection must be approved by the health department and, within 30 days of placement, the mobile home shall be firmly anchored to the ground and the open space beneath the unit shall be skirted with approved material in accordance with the requirements of the administrator.

(3)

A mobile home used as a temporary sales trailer in association with selling lots and/or houses in a subdivision, provided that it is located on the same property as the development and is not authorized to remain on the property for more than five years.

(4)

Temporary uses and structures not specifically listed in the district regulations, but determined by the board of zoning appeals to be in the public interest for the district in which located, may be granted a temporary conditional use permit; provided, that such uses are of a temporary nature and do not involve the erection of substantial buildings. Such uses or structures shall be authorized by the issuance of a temporary and revocable permit for not more than a 24-month period, subject to such conditions as will safeguard the public health, safety and welfare.

(5)

The board of zoning appeals may refuse to issue, or may revoke, a temporary conditional use permit if, in its opinion, the proposed activity will be detrimental to the health, safety and general welfare of the general public, is not compatible with the surrounding area, or fails to conform to local and state laws.

(6)

In determining conditions to be imposed, the board of zoning appeals shall take into consideration the intent of this chapter and may impose reasonable conditions that:

a.

Abate or restrict noise, smoke, dust or other elements that may affect surrounding property.

b.

Establish setback, side and front yard requirements necessary for orderly expansion and to prevent traffic congestion.

c.

Provide for adequate parking and ingress and egress to public streets or roads.

d.

Provide adjoining property with a buffer or shield from view of the proposed use if such use is considered to be detrimental to adjoining property.

e.

Tend to prevent such use from changing the character and established pattern of development of the community.

(7)

A complete application with all associated application fees shall be required prior to review of any temporary conditional use.

The board of zoning appeals shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within 90 days of the filing of the application or appeal. In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from. The concurring vote of a majority of the membership of the board shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variance from this chapter. The board shall keep minutes of its proceedings and other official actions, which shall be filed in the office of the board and shall be public records. The chairman of the board, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.

Where a building permit has been issued and the construction of the building for which such permit was issued is subsequently sought to be prevented, restrained, corrected or abated as a violation of this chapter, by suit filed within 15 days after the start of construction by a person who had no actual notice of the issuance of the permit, the court may hear and determine the issues raised in the litigation, even though no appeal was taken from the decision of the zoning administrator to the board of zoning appeals.

(a)

Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any taxpayer, or any officer, department, board or bureau of the county, may present to the circuit court of the county a petition specifying the grounds on which aggrieved within 30 days after the filing of the decision in the office of the board.

(b)

Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.

(c)

The board of zoning appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by the writ of certiorari. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(d)

If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it, may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(e)

Costs shall not be allowed against the board, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from. If the decision of the board is affirmed and the court finds that the appeal was frivolous, the court may order the person or persons who requested the issuance of the writ of certiorari to pay the costs incurred in making a return of the record pursuant to the writ of certiorari.