Louisa County Unincorporated
City Zoning Code

The agricultural (A-1) district is intended to accommodate farming, forestry, livestock maintenance and other related farm activities. Such uses are an essential part of the rural economy of the county and the agrarian character of the community. It comprises those areas dedicated to farming and agricultural use and is protected as a valuable part of the rural community. These activities shall not be compromised by development and shall be enhanced by the protection offered herein.

In the agricultural (A-1) district, any building to be erected or land to be used shall be for one or more of the following uses:

AGRICULTURAL

Agricultural activity passive

Agricultural operation

Agricultural operation intensive

Animal waste treatment system

Brewery, limited

Dairy

Distillery, farm

Farm employee housing

Farm sales

Forestry use

Livestock market

Sawmill, temporary

Sawmill, temporary non-commercial

Stable, commercial

Stable, private

Wayside stand

Winery, farm

RESIDENTIAL

Accessory dwelling unit

Group home

Guest home

Guestroom

Manufactured home

Single-family dwelling, detached

Temporary family health care structure

CIVIC

Utility service, minor

COMMERCIAL

Day care

Family day care home

Food truck

Home occupation, class A

Short-term rental of dwelling

INDUSTRIAL

Motor vehicle towing services

MISCELLANEOUS

Amateur radio tower

Cemetery, private

Kennel, private

Solar generation facility, small-scale

(Res. of 1-18-22(2022-2); Ord. of 10-2-23(2023-7), Att.; Ord. of 1-7-2025(2025-1 meeting))

(a)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this chapter.

(b)

Structures, which are customarily accessory and clearly incidental and subordinate to the intended principal or main use on-site may be constructed prior to the principal or main structure; however, the first structure constructed on-site will be subject to the primary or main structure setbacks; in addition to the future primary or main structure.

The following named uses may be permitted in the agricultural (A-1) district upon issuance of a conditional use permit by the board of supervisors:

AGRICULTURAL

Abattoir

Brewery, major

Distillery, major

Sawmill, permanent

Winery, major

RESIDENTIAL

Cottage

Dormitory

CIVIC

Civic use

Club

Correction facility

Educational facility, college/university

Educational facility, primary/secondary

Post office

Public assembly

Public maintenance and service facility

Public park and recreational area

Public recreation assembly

Recycling center

Refuse collection site

Religious assembly

Utility service, major

COMMERCIAL

Automobile repair service

Bed and breakfast

Boardinghouse

Camp

Campground

Cemetery

Contractor's offices and shops

Custom manufacturing

Farmers market

General offices

Home occupation, class B

Kennel, commercial

School, private

Shooting range, indoor

Shooting range, outdoor

Special occasion facility

Store, neighborhood convenience

Veterinary hospital/clinic

INDUSTRIAL

Resource extraction

MISCELLANEOUS

Aviation facility

Broadcasting or communication tower

Outdoor gathering

Solar generation facility, minor scale

Solar generation facility, utility scale

Temporary conditional uses permitted under section 86-91.

(a)

The minimum lot area in the agricultural (A-1) district shall be not less than 1.5 acres, or larger as required by the health department for the provision of adequate on-site water and septic systems, as defined by this Code.

(b)

For family divisions, as defined in section 86-13 of this Code, the minimum lot area in the agricultural (A-1) district shall be 1.5 acres.

The setback regulations in the agricultural (A-1) district shall be as provided in section 86-115.

Only two lots with a minimum of 200 feet of road frontage shall be allowed on existing state roads or federal highways per parent parcel. Otherwise, the minimum lot frontage on existing state roads or federal highways shall be 300 feet.

The minimum lot width in the agricultural (A-1) district shall be 200 feet at the building setback line. In no case shall the lot width be less than 20 percent of the depth of the lot at its widest point.

Intensive agricultural uses and any waste treatment systems associated with it shall be governed by the following maximum lot coverage:

(1)

Intensive livestock operations. No more than 20 percent of the total contiguous property dedicated for agricultural shall be used for these facilities including any structures, paddocks, animal confinement areas, pens, waste treatment or stormwater management facilities.

(2)

Intensive poultry operations. No more than 50 percent of the lot upon which the operation is located shall be dedicated to poultry operations including structures, manure sheds, stormwater management or other facilities.

In the agricultural (A-1) district the height regulations shall be:

(1)

Residences and uses accessory thereto: 50 feet maximum.

(2)

Other permitted buildings and structures, except silos: 65 feet maximum.

(3)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In the agricultural (A-1) district, the yard regulations shall be:

(1)

Side yard.

a.

The minimum side yard setback shall be 25 feet for all main structures.

b.

The minimum side yard setback shall be 25 feet for detached accessory structures.

(2)

Rear yard.

a.

The minimum rear yard setback shall be 40 feet for all main structures.

b.

The minimum rear yard setback shall be 40 feet for detached accessory structures.

(3)

Reserved.

(4)

Intensive agricultural facilities and animal waste treatment systems shall be set back from any property line or off site development in accordance with the following regulations:

a.

Livestock. Intensive livestock facilities including waste treatment systems shall be located no closer than 100 feet from any property line and 300 feet from any adjacent residence or domestic water supply within the agricultural (A-1) district and 200 feet from the property line and 500 feet from any adjacent residence, domestic water supply, school, church or public recreation area located in the agricultural (A-2) district or any other zoning classification.

b.

Poultry. Intensive poultry operations and any associated water management thereof shall be no closer than 100 feet from the property line and 300 feet from any adjacent dwelling, domestic water supply, school, church or public recreation area, regardless of the adjacent zoning classification.

(Ord. of 6-16-2025(2025-9) meeting)

In the agricultural (A-1) the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-115, "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-115, "setback regulations."

(a)

Lot density. The subdivision of property within the A-1 district is restricted. The number of lots that may be split per parent parcel within the A-1 district shall be limited to only those created by family subdivision and/or division.

(a)

The agricultural (A-2) district is provided to allow for the compatible mixture of agricultural uses and limited residential development in rural areas and protect and retain the rural open character of the countryside. Very low density residential uses are allowed along with agricultural uses that are compatible with residential activity to provide for community cohesion in the rural areas and encourage land use interdependence. Zoning standards are also included to ensure the co-existence of these uses with each other. The creation of lots fronting on existing state roads or federal highways is strongly discouraged.

(b)

Agricultural (A-2) district uses range from agricultural to neighborhood oriented commercial and community services. The use of development setbacks, shared access, reverse-front lots and roadside buffers are encouraged to retain the rural character of the county along-side the open farm activities prevalent in the county.

In the agricultural (A-2) district, any building to be erected or land to be used shall be for one or more of the following uses:

AGRICULTURAL

Agricultural activity passive

Agricultural operation

Agricultural operation intensive

Animal waste treatment system

Brewery, limited

Dairy

Distillery, farm

Farm employee housing

Farm sales

Forestry use

Sawmill, temporary

Sawmill, temporary non-commercial

Stable, private

Wayside stand

Winery, farm

RESIDENTIAL

Accessory dwelling unit

Group home

Guest home

Guestroom

Manufactured home

Single-family dwelling, detached

Temporary family health care structure

CIVIC

Utility service, minor

COMMERCIAL

Day care

Family day care home

Food truck

Home occupation, class A

Short-term rental of dwelling

INDUSTRIAL

Motor vehicle towing services

MISCELLANEOUS

Amateur radio tower

Cemetery, private

Kennel, private

Solar generation facility, small-scale

(Res. of 1-18-22(2022-2); Ord. of 10-2-23(2023-7), Att.; Ord. of 1-7-2025(2025-1 meeting))

(a)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this ordinance.

(b)

Structures, which are customarily accessory and clearly incidental and subordinate to the intended principal or main use on-site may be constructed prior to the principal or main structure; however, the first structure constructed on-site will be subject to the primary or main structure setbacks; in addition to the future primary or main structure.

The following named uses may be permitted in the agricultural (A-2) district upon issuance of a conditional use permit by the board of supervisors:

AGRICULTURAL

Abattoir

Brewery, major

Distillery, major

Livestock market

Stable, commercial

Winery, major

RESIDENTIAL

Cottage

Dormitory

Two-family dwelling

CIVIC

Civic use

Club

Correction facility

Cultural services

Educational facility, college/university

Educational facility, primary/secondary

Emergency shelter

Post office

Public assembly

Public maintenance and service facility

Public park and recreational area

Public recreation assembly

Recycling center

Refuse collection site

Religious assembly

Utility service, major

COMMERCIAL

Assisted living facility

Automobile repair service

Bed and breakfast

Boardinghouse

Business or trade school

Camp

Campground

Cemetery

Commercial outdoor entertainment

Commercial outdoor sports and recreation

Communications service

Contractor's offices and shops

Custom manufacturing

Day care center

Farmers market

Gasoline station

General offices

Golf course

Home occupation, class B

Kennel, commercial

Restaurant

School, private

Shooting range, indoor

Shooting range, outdoor

Specialty shop

Special occasion facility

Store, neighborhood convenience

Studio, fine arts

Veterinary hospital/clinic

INDUSTRIAL

MISCELLANEOUS

Broadcasting or communication tower

Outdoor gathering

Solar generation facility, minor scale

Solar generation facility, utility scale

Temporary conditional uses permitted under section 86-91 of this chapter.

(Ord. of 6-2-2025(2025-8) meeting)

(a)

The minimum lot area in the agricultural (A-2) district shall be not less than 1.5 acres, or larger as required by the health department for the provision of adequate onsite water and septic systems, as defined by this Code.

(b)

For family divisions, as defined in section 86-13 of this Code, the minimum lot area in the agricultural (A-2) district shall be 1.5 acres.

The setback regulations in the agricultural (A-2) district shall be as provided in section 86-115.

Only two lots with a minimum of 200 feet of road frontage shall be allowed on existing state roads or federal highways per parent parcel. Otherwise, the minimum lot frontage on existing state roads or federal highways shall be 300 feet. The minimum lot width and road frontage on public or private internal roads, streets or lanes shall be 150 feet except for culs-de-sac where the minimum lot frontage shall be 25 feet. For new subdivisions, the minimum lot width and road frontage shall be 300 feet along the newly created internal subdivision street on corner lots adjacent to the existing state road.

In no case shall the lot width be less than 20 percent of the depth of the lot at its widest point.

In the agricultural (A-2) district the height regulations shall be:

(1)

Residences and uses accessory thereto: 50 feet maximum.

(2)

Other permitted buildings and structures, 60 feet maximum.

(3)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In the agricultural (A-2) district, the yard regulations shall be:

(1)

Side. The minimum side yard setback, measured from the main structure, shall be 20 feet. There shall be no minimum setback width between the interior lot lines of duplexes or other similar multifamily dwellings.

(2)

Rear. Each main building shall have a rear yard setback of 35 feet or more.

(3)

Accessory structures shall be no closer than ten feet to any side or rear property line.

(4)

Animal waste treatment systems for either livestock or poultry shall be located no closer than 200 feet from any property line and 500 feet from any adjacent residence, domestic water supply, school, church or public recreation area off the property.

(Ord. of 1-7-2025(2025-1 meeting); Ord. of 6-16-2025(2025-9) meeting)

In the agricultural (A-2) district the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-115, "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-115, "setback regulations."

To preserve and maintain agricultural and forestry activities; protect ground and surface water supplies; and conserve natural, historic and scenic resources, subdivisions in the agricultural (A-2) district shall comply with the regulations herein.

(1)

Restrictions on road extension. No road may be extended to a second parent parcel with the primary purpose of providing access for a subdivision; with the exception that a road may be extended when the total number of proposed lots for all parent parcels does not exceed seven plus any density bonuses that may apply as provided for herein.

(2)

Lot density. Lot density shall be limited, except where specifically stated otherwise herein, to a maximum of seven lots per parent parcel.

a.

Density bonuses. The zoning administrator may allow up to three additional lots for a subdivision, for a total of up to ten lots, in the following circumstances:

1.

Affordable housing. A density bonus of three additional lots for a subdivision when at least three lots are dedicated for affordable housing.

On February 21, 2021, the Louisa County Code was amended to remove roadside buffer requirements for agricultural (A-2) subdivisions, which required roadside buffers to be provided along existing state roads. Any roadside buffer approved by the subdivision agent as of February 21, 2021, is no longer required and it shall not be enforced for maintenance and/or replacement of plantings. Any security posted with Louisa County and currently being held for subdivision buffers (plantings) required under the prior regulations, shall be returned to the developer by the community development department.

(Ord. of 11-7-22(2022-16), Att.)

The residential limited district (R-1) is composed of certain quiet, low density residential areas plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage an enjoyable environment for family life, and to prohibit activities of a commercial nature. To these ends, development is limited to single-unit dwellings providing homes for the residents, plus certain other uses, such as schools, parks, churches and public facilities that serve the residents of the district.

In a residential limited district (R-1), structures to be erected or land to be used shall be for one or more of the following uses:

AGRICULTURAL

Agricultural activity passive

Forestry

Sawmill, temporary non-commercial

RESIDENTIAL

Accessory dwelling unit

Group home

Guestroom

Single-family dwelling, detached

Temporary family health care structure

CIVIC

Utilities service, minor

COMMERCIAL

Home occupation, class A.

INDUSTRIAL

MISCELLANEOUS

Amateur radio tower

Cemetery, private

Solar generation facilities, small-scale

Note: Garages, carports, porches and stoops, etc., attached to the main building shall be considered part of the main building.

(a)

The following named uses may be permitted in the residential limited (R-1) district as accessory to the primary use of the subject property:

(1)

Agriculture, as defined, except that farm animals and fowl may not be raised or kept on lots or areas which are closer than 300 feet to any adjacent property line.

(b)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this ordinance.

(c)

Structures, which are customarily accessory and clearly incidental and subordinate to the intended principal or main use on-site may be constructed prior to the principal or main structure; however, the first structure constructed on-site will be subject to the primary or main structure setbacks; in addition to the future primary or main structure.

AGRICULTURE

Agricultural operation

RESIDENTIAL

Cottage

Two-family dwelling

CIVIC

Civic use

Club

Cultural services

Educational facility, primary/secondary

Public park and recreational area

Public recreation assembly

Recycling center

Religious assembly

Utility service, major

COMMERCIAL

Assisted living facility

Bed and breakfast

Boardinghouse

Custom manufacturing

Day care

Day care center

Family day care home

Golf course

Life care facility

Nursing home

School, private

Short-term rental of dwelling

INDUSTRIAL

MISCELLANEOUS

Solar generation facility, minor scale

Solar generation facility, utility scale

Temporary conditional uses permitted under section 86-91 of this chapter.

(Ord. of 10-2-23(2023-7), Att.; Ord. of 6-2-2025(2025-8) meeting)

In the residential limited district (R-1), the minimum lot areas for residences shall be 1.5 acres. Public health approval is required for individual water or sewerage disposal.

In the residential limited district (R-1), the setback regulations shall be as provided in section 86-115 of this chapter.

In the residential limited district (R-1):

(1)

The minimum lot width at the building setback lines shall be 150 feet.

(2)

The minimum road frontage shall be as provided in section 86-118 of this chapter.

In the residential limited district (R-1), the height regulations shall be:

(1)

Residences: 40 feet maximum

(2)

Other permitted buildings and structures: 50 feet maximum.

(3)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In the residential limited district (R-1), the yard regulations shall be:

(1)

Side. The minimum side yard setback for each main structure shall be 15 feet.

(2)

Rear. Each main structure shall have a rear yard setback of at least 35 feet.

(3)

No accessory building shall be closer than ten feet to any side or rear property line.

(4)

Agricultural activities passive.

a.

Any permanent, temporary, or mobile agricultural buildings allowed under agricultural activities passive, may not be kept on lots or areas which are closer than 250 feet to any adjacent property line.

(5)

Agricultural operations.

a.

Will be established as part of a conditional use permit process. Yard regulations set as part of a conditional use permit process are recommended to follow the agricultural activities passive yard regulations.

In the residential limited district (R-1), the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-115, "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-115, "setback regulations."

All divisions, subdivisions, and/or family subdivisions are subject to the applicable provisions of the residential limited (R-1) zoning district and article III subdivision of this code.

The residential general district (R-2) is composed of certain quiet, low density residential uses plus certain open areas where similar development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where there are children, and to prohibit activities of a commercial nature. In order to enhance compatibility between dwellings of different types, protect the natural environment, and achieve attractive and well-coordinated designs for building groups, dwelling types other than single-family dwelling, detached are to be permitted only with a conditional use permit.

In the residential general district (R-2), any building to be erected or land to be used shall be for one or more of the following uses:

AGRICULTURAL

Agricultural activity passive

Forestry

Sawmill, temporary non-commercial

RESIDENTIAL

Accessory dwelling unit

Group home

Guestroom

Single-family dwelling, detached

Temporary family health care structure

CIVIC

Utility service, minor

COMMERCIAL

Home occupation, class A

INDUSTRIAL

MISCELLANEOUS

Amateur radio tower

Cemetery, private

Solar generation facilities, small-scale

(a)

The following named uses may be permitted in the residential general (R-2) district as accessory to the primary use of the subject property:

(1)

Agriculture, as defined, except that farm animals and fowl may not be raised or kept on lots or areas which are closer than 300 feet to any adjacent property line.

(b)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this ordinance.

(c)

Structures, which are customarily accessory and clearly incidental and subordinate to the intended principal or main use on-site may be constructed prior to the principal or main structure; however, the first structure constructed on-site will be subject to the primary or main structure setbacks; in addition to the future primary or main structure.

The following named uses and such others as are categorically similar may be permitted in the residential general district (R-2) upon issuance of a conditional use permit by the board of supervisors:

AGRICULTURAL

Agricultural operation

RESIDENTIAL

Cottage

Two-family dwelling

CIVIC

Civic use

Club

Cultural services

Educational facility primary/secondary

Public park and recreational area

Public recreation assembly

Recycling center

Religious assembly

Utility service, major

COMMERCIAL

Assisted living facility

Bed and breakfast

Boardinghouse

Custom manufacturing

Day care

Day care center

Family day care home

Golf course

Life care facility

Nursing home

School, private

Short-term rental of dwelling

INDUSTRIAL

MISCELLANEOUS

Solar generation facility, minor scale

Solar generation facility, utility scale

Temporary conditional uses permitted under section 86-91

(Ord. of 10-2-23(2023-7), Att.; Ord. of 6-2-2025(2025-8) meeting)

(a)

For residential lots containing or intended to contain a single-family dwelling or two-family dwelling served by individual water and sewage disposal systems, the minimum lot area shall be 1.5 acres for each dwelling unit. Health department approval shall be required for proposed lots.

(b)

For permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the health official. The administrator may require a greater area if considered necessary by the health official.

(c)

Any property rezoned, including adjoining R-2 property shown in the rezoning application as intended to be developed with the rezoned property, to R-2 between February 2019 and February 2021 shall be able to subdivide and develop the property with a minimum lot area of 40,000 square feet.

(Res. of 3-20-23(2023-70), Att.)

In the residential general district (R-2), the setback regulations shall be as provided in section 86-115.

In the residential general district (R-2), the minimum lot width at the building setback line shall be 125 feet; for two-family dwellings it shall be 175 feet.

The minimum road frontage shall be as provided in section 86-118 of this chapter.

(Ord. of 6-16-2025(2025-9) meeting)

In the residential general district (R-2), the height regulations shall be:

(1)

Residences: 40 feet (maximum).

(2)

Other permitted buildings and structures: 50 feet maximum.

(3)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In the residential general district (R-2), the yard regulations shall be:

(1)

Side. The minimum side yard setback for each single-family dwelling shall be ten feet. For any other primary structure the minimum side yard shall be ten feet.

(2)

Rear. Each main structure shall have a minimum rear yard setback of 25 feet.

(3)

No accessory building shall be closer than five feet to any side or rear property line.

(4)

Agricultural activities passive

a.

Any permanent, temporary, or mobile agricultural buildings allowed under agricultural activities passive, may not be kept on lots or areas which are closer than 250 feet to any adjacent property line.

(5)

Agricultural operations

a.

Will be established as part of a conditional use permit process. Yard regulations set as part of a conditional use permit process are recommended to follow the agricultural activities passive yard regulations.

In the residential general district (R-2), the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-115, "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-115, "setback regulations."

All divisions, subdivisions, and/or family subdivisions are subject to the applicable provisions of the residential general (R-2) zoning district and article III subdivision of this code.

The primary purpose of the light commercial district (C-1) is to establish and protect a limited business district that will serve the surrounding residential districts. Traffic and parking shall be well controlled to protect and preserve property values in the surrounding residential districts and, insofar as possible, all neighborhood business development shall take place in a limited business district. In the rural areas of the county, commercial uses should be limited and allowed by conditional use permits only. Future development should align more appropriately with the rural character of the county.

Within any light commercial district (C-1) as indicated on the zoning map, no lot, building or structure shall be used and no building shall be erected which is intended or designed to be used, in whole or in any part, for any industrial or manufacturing purpose, or for any other than the following specified purposes:

AGRICULTURAL

Agricultural activity passive

Forestry

Sawmill, temporary non-commercial

RESIDENTIAL

Group home

CIVIC

Utility service, minor

COMMERCIAL

Assisted living facility

Bed and breakfast

Boardinghouse

Business or trade school

Business support service

Communications service

Consumer repair service

Custom manufacturing

Day care

Day care center

Family day care home

Financial institution

Food truck

Funeral home

Garden center

General office

Guidance services

Home occupation, class A

Licensed medical facility

Life care facility

Medical office

Nursing home

Personal improvement services

Personal services

Restaurant

School, private

Studio, fine arts

Veterinary hospital/clinic

INDUSTRIAL

MISCELLANEOUS

Amateur radio tower

Cemetery, private

Solar generation facility, small-scale

(Ord. of 1-7-2025(2025-1 meeting); Ord. of 6-2-2025(2025-8) meeting)

The following named uses may be permitted in the light commercial (C-1) district as accessory to the primary use of the subject property:

(1)

Single-family dwelling, detached (subject to section 86-207).

(2)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this chapter.

AGRICULTURAL

Abattoir

Agricultural operation

Brewery, limited

Brewery, major

Distillery, farm

Distillery, major

Winery, farm

Winery, major

RESIDENTIAL

Reserved

CIVIC

Civic use

Club

Cultural services

Educational facility, college/university

Educational facility, primary/secondary

Emergency shelter

Post office

Public assembly

Public maintenance and service facility

Public park and recreational area

Public recreation assembly

Recycling center

Religious assembly

Shelter

Utility service, major

COMMERCIAL

Automobile dealership

Automobile parts/supply, retail

Automobile rental/leasing

Automobile repair service

Car wash

Commercial indoor sports and recreation

Commercial indoor amusement

Commercial indoor entertainment

Commercial outdoor entertainment

Commercial outdoor sports and recreation

Commercial vehicle repair service

Construction sales and service

Construction yard

Contractor's offices and shop

Dance hall

Equipment sales and rental

Farmers market

Gasoline station

Grocery store

Halfway house

Hotel

Kennel, commercial

Laundry

Mini-warehouse

Parking facility

Pawn shop

Restaurant, drive-in

Retail sales of controlled substances

Shooting range, indoor

Short-term rental of dwelling

Specialty shop

Store, general

Store, neighborhood convenience

Surplus sales

Transportation terminal

Truck terminal

INDUSTRIAL

Motor vehicle towing services

Warehousing and distribution

MISCELLANEOUS

Outdoor gathering

Solar generation facility, minor scale

Solar generation facility, utility scale

(Res. of 1-18-22(2022-2); Ord. of 10-2-23(2023-7), Att.; Ord. of 1-21-2025(2025-2 meeting); Ord. of 6-2-2025(2025-8) meeting)

(a)

Dwellings in commercial districts are limited to owners of lots or parcels in said districts as well as employees of establishments including night watchmen.

(b)

Such dwelling may be located individually or in the same structure as the main use, subject to county building official approval.

(c)

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

(d)

No mobile or manufactured home shall be permitted as a dwelling unit.

There is no minimum lot area requirement in the light commercial district (C- 1). However, all parcels shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfield), and required stormwater maintenance facilities.

In the light commercial district (C-1), the setback regulations shall be as provided in section 86-115.

(a)

The minimum lot frontage requirement in the light commercial district (C-1) shall be as provided in section 86-118.

(b)

The minimum lot width in the light commercial district (C-1) shall be shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfield), and required stormwater maintenance facilities.

In the light commercial district (C-1), the height regulations shall be:

(a)

All permitted structures: 60 feet maximum.

(b)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In the light commercial district (C-1), the minimum side or rear yard setback:

(1)

Adjoining a residential or agricultural district shall be 30 feet; 25 feet of which shall contain a vegetative buffer meeting the requirements of section 86-13, definitions; and which shall be maintained in perpetuity.

(2)

Adjoining a commercial or industrial district shall be ten feet.

(3)

Agricultural activities passive.

a.

Any permanent, temporary, or mobile agricultural buildings allowed under agricultural activities passive, may not be kept on lots or areas which are closer than 250 feet to any adjacent property line.

(4)

Agricultural operations.

a.

Will be established as part of a conditional use permit process. Yard regulations set as part of a conditional use permit process are recommended to follow the agricultural activities passive yard regulations.

(Ord. of 1-21-2025(2025-2 meeting))

In the light commercial district (C-1) the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-115, "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-115, "setback regulations."

All divisions and/or subdivisions, are subject to the applicable provisions of the light commercial (C-1) zoning district and article III subdivision of this Code.

Generally, the general commercial district (C-2) covers that portion of the community intended for the conduct of general business to which the public requires direct and frequent access. In the rural areas of the county, commercial uses should be limited and allowed by conditional use permits only. Future development should align more appropriately with the rural character of the county.

Within any general commercial district (C-2) as indicated on the zoning map, no lot, building or structure shall be erected which is intended or designed to be used, in whole or in part, for other than one or more of the following specified purposes:

AGRICULTURAL

Agricultural activity passive

Brewery, limited

Distillery, farm

Forestry

Sawmill, temporary non-commercial

Winery, farm

RESIDENTIAL

Group home

CIVIC

Cultural services

Post office

Utility service, minor

COMMERCIAL

Assisted living facility

Bed and breakfast

Boardinghouse

Business or trade school

Business support service

Car wash

Cemetery

Consumer repair service

Custom manufacturing

Day care

Day care center

Family day care home

Financial institution

Food truck

Funeral home

Garden center

General office

Grocery store

Guidance services

Home occupation, class A

Kennel, commercial

Licensed medical facility

Life care facility

Medical office

Mini-warehouse

Nursing home

Personal improvement services

Personal services

Restaurant, drive-in

Restaurant

School, private

Studio, fine arts

Veterinary hospital/clinic

INDUSTRIAL

MISCELLANEOUS

Amateur radio tower

Cemetery, private

Solar generation facility, small-scale

(Ord. of 1-7-2025(2025-1 meeting); Ord. of 6-2-2025(2025-8) meeting)

The following named uses may be permitted in the general commercial (C-2) district as accessory to the primary use of the subject property:

(1)

Single-family dwelling, detached (subject to section 86-225).

(2)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this chapter.

The following names uses and such others as are categorically similar may be permitted in the general commercial district (C-2) upon the issuance of a conditional use permit by the board of supervisors:

AGRICULTURAL

Abattoir

Brewery, major

Distillery, major

Winery, major

RESIDENTIAL

CIVIC

Civic use

Club

Educational facility, college/university

Educational facility, primary/secondary

Emergency shelter

Public assembly

Public maintenance and service facility

Public park and recreational area

Public recreation assembly

Recycling center

Religious assembly

Shelter

Utility service, major

COMMERCIAL

Automobile dealership

Automobile parts/supply, retail

Automobile rental/leasing

Automobile repair service

Commercial assisted living facility

Commercial indoor amusement

Commercial indoor entertainment

Commercial indoor sports and recreation

Commercial vehicle repair service

Communications service

Construction yard

Contractor's offices and shop

Dance hall

Equipment sales and rental

Farmers market

Gasoline station

Halfway house

Hotel

Laundry

Manufactured home sales

Marina

Parking facility

Pawn shop

Recreational vehicle sales and service

Retail sales of controlled substances

Shooting range, indoor

Short-term rental of dwelling

Special occasion facility

Specialty shop

Store, general

Store, neighborhood convenience

Surplus sales

Transportation terminal

Truck terminal

INDUSTRIAL

Motor vehicle towing services

Railroad facility

Transfer station

Warehousing and distribution

MISCELLANEOUS

Outdoor gathering

Solar generation facility, minor scale

Solar generation facility, utility scale

(Res. of 1-18-22(2022-2); Ord. of 10-2-23(2023-7), Att.; Ord. of 6-2-2025(2025-8) meeting)

(a)

Dwellings in commercial districts are limited to owners of lots or parcels in said districts as well as employees of establishments including night watchmen.

(b)

Such dwelling may be located individually or in the same structure as the main use, subject to county building official approval.

(c)

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

(d)

No mobile or manufactured home shall be permitted as a dwelling unit.

There is no minimum lot area requirement in the general commercial district (C-2). However, all parcels shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfield), and required stormwater maintenance facilities.

In the general commercial district (C-2), the setback regulations shall be as provided in section 86-115.

(a)

The minimum lot frontage requirement in the general commercial district (C-2) shall be as provided in section 86-118.

(b)

The minimum lot width in the general commercial district (C-2) shall be shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfield), and required stormwater maintenance facilities.

In the general commercial district (C-2), the height regulations shall be:

(1)

All permitted structures: 80 feet, maximum.

(2)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In the general commercial district (C-2), the minimum side or rear yard setback:

(1)

Adjoining or adjacent to a residential or agricultural district shall be 30 feet; 25 feet of which shall contain a vegetative buffer meeting the requirements of section 86-13, definitions; and which shall be maintained in perpetuity.

(2)

Adjoining or adjacent to a commercial or industrial district shall be ten feet.

(3)

Agricultural activities passive.

a.

Any permanent, temporary, or mobile agricultural buildings allowed under agricultural activities passive, may not be kept on lots or areas which are closer than 250 feet to any adjacent property line.

(4)

Agricultural operations.

a.

Will be established as part of a conditional use permit process. Yard regulations set as part of a conditional use permit process are recommended to follow the agricultural activities passive yard regulations.

(Ord. of 1-21-2025(2025-2 meeting))

In the general commercial district (C-2) the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-115, "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-115, "setback regulations."

All divisions and/or subdivisions, are subject to the applicable provisions of the general commercial (C-2) zoning district and article III subdivision of this Code.

The primary purpose of the industrial (IND) district is to establish areas where the principal use of land is for light or medium industrial operations, that are capable of controlling external effects and that may not be particularly compatible with residential, institutional and neighborhood commercial service establishments. The specific intent of this district is to:

(1)

Encourage the development of and the continued use of land designated for light or medium industrial purposes; and

(2)

Discourage residential and general commercial use of the land, and to discourage any other use which would substantially interfere with the development, continuation or expansion of heavy commercial and industrial uses in the district; and

(3)

Apply only to properties currently zoned industrial (IND), as of December 12, 2007, and prohibit any additional properties to be reclassified to this industrial (IND) zoning district.

In the industrial district (IND), any building to be erected or land to be used shall be for one or more of the following uses:

AGRICULTURAL

Agricultural activity passive

Brewery, major

Distillery, major

Forestry

Sawmill, temporary

Sawmill, temporary non-commercial

Winery, major

RESIDENTIAL

CIVIC

Utility service, minor

COMMERCIAL

Contractor's offices and shop

Financial institution

Food truck

Funeral home

General office

Guidance services

Licensed medical facility

Medical office

Veterinary hospital/clinic

INDUSTRIAL

MISCELLANEOUS

Amateur radio tower

Solar generation facility, small-scale

(Ord. of 1-7-2025(2025-1 meeting); Ord. of 6-2-2025(2025-8) meeting)

The following named uses may be permitted in the industrial (IND) district as accessory to the primary use of the subject property:

(1)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this ordinance.

(2)

Retail or commercial uses, which involves the sale or trade of products that are manufactured or assembled on site, along with products or services that are directly related to the primary use of the property.

The following named uses may be permitted in the industrial district (IND) upon issuance of a conditional use permit by the board of supervisors:

AGRICULTURAL

Abattoir

Agricultural operation

Sawmill, permanent

RESIDENTIAL

CIVIC

Civic use

Emergency shelter

Post office

Public maintenance and service facility

Recycling center

Religious assembly

Refuse collection site

Shelter

Utility service, major

COMMERCIAL

Business or trade school

Communications service

Construction sales and service

Construction yard

Consumer repair service

Custom manufacturing

Equipment sales and rental

Halfway house

Kennel, commercial

Mini-warehouse

Parking facility

Shooting range, indoor

Shooting range, outdoor

Short-term rental of dwelling

Surplus sales

Transportation terminal

Truck terminal

INDUSTRIAL

Industrial, light

Industrial, medium

Laboratory

Motor vehicle towing services

Railroad facility

Research and development

Resource extraction

Salvage and scrap service

Transfer station

Warehousing and distribution

MISCELLANEOUS

Aviation facility

Broadcasting or communication tower

Outdoor gathering

Solar generation facility, minor scale

Solar generation facility, utility scale

(Res. of 1-18-22(2022-2); Ord. of 10-2-23(2023-7), Att.; Ord. of 6-2-2025(2025-8) meeting)

Before a building permit shall be issued or construction commenced on any permitted use in the industrial district (IND), or a zoning permit issued for a new use, the plans, drawn in sufficient detail to show the operations and processes, shall be submitted to the zoning administrator for study. The administrator shall refer these plans to the planning commission for its recommendation. Modification of the plans may be required before a permit is issued.

There is no minimum lot area requirement in the industrial district (IND). However, all parcels shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfields), and required stormwater maintenance facilities.

In the industrial district (IND), the setback regulations shall be as provided in section 86-115.

(a)

The minimum lot frontage requirement in the industrial (IND) district shall be as provided in section 86-118 of this chapter.

(b)

The minimum lot width in the industrial (IND) district shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfields), and required stormwater maintenance facilities.

In the industrial district (IND), the height regulations shall be:

(1)

Any permitted structures (except for utilities, amateur radio towers, or structures regulated under the telecommunications chapter): 60 feet maximum.

(2)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In the industrial district (IND), the minimum side or rear yard setback:

(1)

Adjoining or adjacent to a residential or agricultural district shall be 50 feet.

(2)

Adjoining or adjacent to a commercial or industrial district shall be ten feet.

(3)

Adjoining or adjacent to a mixed use district shall be 30 feet.

(4)

Agricultural activities passive

a.

Any permanent, temporary, or mobile agricultural buildings allowed under agricultural activities passive, may not be kept on lots or areas which are closer than 250 feet to any adjacent property line.

(5)

Agricultural operations.

a.

Will be established as part of a conditional use permit process. Yard regulations set as part of a conditional use permit process are recommended to follow the agricultural activities passive yard regulations.

In the industrial district (IND) the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-115, "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-115, "setback regulations."

All divisions and/or subdivisions, are subject to the applicable provisions of the industrial (IND) zoning district and article III subdivision of this code.

The primary purpose of the industrial limited (I-1) district is to establish areas where the principal use of land is for light or medium industrial operations, that are capable of controlling external effects and that may not be particularly compatible with residential, institutional and neighborhood commercial service establishments. The specific intent of this district is to:

(1)

Encourage the development of and the continued use of land designated for light or medium industrial purposes; and

(2)

Prohibit residential and general commercial use of the land, and to prohibit any other use which would substantially interfere with the development, continuation or expansion of light or medium industrial uses in the district.

Industrial (I-1) development in the rural areas of the county should primarily be permitted upon the issuance of a conditional use permit by the board of supervisors. This provides a means by which suitable development standards can be required to shield adjoining and adjacent agricultural areas from the more intensive industrial development.

AGRICULTURAL

Agricultural activity passive

Brewery, major

Distillery, major

Forestry

Sawmill, temporary

Sawmill, temporary non-commercial

Winery, major

RESIDENTIAL

CIVIC

Utility service, minor

COMMERCIAL

Contractor's office and shop

Financial institution

Food truck

Funeral home

General office

Guidance services

Licensed medical facility

Medical office

Veterinary hospital/clinic

INDUSTRIAL

MISCELLANEOUS

Amateur radio tower

Solar generation facility, small-scale

(Ord. of 1-7-2025(2025-1 meeting); Ord. of 6-2-2025(2025-8) meeting)

The following named uses may be permitted in the industrial limited (I-1) district as accessory to the primary use of the subject property:

(1)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this ordinance.

(2)

Retail or commercial uses, which involves the sale or trade of products that are manufactured or assembled on site, along with products or services that are directly related to the primary use of the property.

AGRICULTURAL

Abattoir

Agricultural operation

Sawmill, permanent

RESIDENTIAL

CIVIC

Civic use

Emergency shelter

Post office

Public maintenance and service facility

Recycling center

Refuse collection site

Religious assembly

Shelter

Utility service, major

COMMERCIAL

Business or trade school

Communications service

Construction sales and service

Construction yard

Consumer repair services

Custom manufacturing

Equipment sales and rental

Halfway house

Kennel, commercial

Mini-warehouse

Parking facility

Shooting range, indoor

Shooting range, outdoor

Short-term rental of dwelling

Surplus sales

Transportation terminal

Truck terminal

INDUSTRIAL

Industrial, light

Industrial, medium

Laboratory

Motor vehicle towing services

Railroad facility

Research and development

Resource extraction

Salvage and scrap service

Transfer station

Warehousing and distribution

MISCELLANEOUS

Aviation facility

Broadcasting or communication tower

Outdoor gathering

Solar generation facility, minor scale

Solar generation facility, utility scale

(Res. of 1-18-22(2022-2); Ord. of 10-2-23(2023-7), Att.; Ord. of 6-2-2025(2025-8) meeting)

Before a building permit shall be issued or construction commenced on any permitted use in industrial limited (I-1) district, or a zoning permit issued for a new use, the plans, drawn in sufficient detail to show the operations and processes, shall be submitted to the zoning administrator for study. The administrator shall refer these plans to the planning commission for its recommendation. Modification of the plans may be required before a permit is issued.

There is no minimum lot area requirement in the industrial limited (I-1) district. However, all parcels shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfield), and required stormwater maintenance facilities.

In the industrial limited (I-1) district, the setback regulations shall be as provided in section 86-115 of this chapter.

(a)

The minimum lot frontage requirement in the industrial limited (I-1) district shall be as provided in section 86-118 of this chapter.

(b)

The minimum lot width in the industrial limited (I-1) district shall be shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfield), and required stormwater maintenance facilities.

In the industrial limited (I-1) district, the height regulations shall be:

(1)

Any permitted structures (except for utilities, amateur radio towers, or structures regulated under the telecommunications chapter): 60 feet maximum.

(2)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In industrial limited (I-1) district, the minimum side or rear yard:

(1)

Adjoining or adjacent to a residential or agricultural district shall be 50 feet.

(2)

Adjoining or adjacent to a commercial or industrial district shall be ten feet.

(3)

Adjoining or adjacent to a mixed use district shall be 40 feet.

(4)

Agricultural activities passive.

a.

Any permanent, temporary, or mobile agricultural buildings allowed under agricultural activities passive, may not be kept on lots or areas which are closer than 250 feet to any adjacent property line.

(5)

Agricultural operations.

a.

Will be established as part of a conditional use permit process. Yard regulations set as part of a conditional use permit process are recommended to follow the agricultural activities passive yard regulations.

In the industrial limited (I-1) district the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-115, "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-115, "setback regulations."

All divisions and/or subdivisions, are subject to the applicable provisions of the industrial limited (I-1) zoning district and article III subdivision of this Code.

The primary purpose of the industrial general (I-2) district is to establish areas where the principal use of land is for medium or heavy industrial operations, that may create some nuisance, and that are not properly associated with, nor compatible with residential, institutional and neighborhood commercial service establishments. The specific intent of this district is to:

(1)

Encourage the development of and the continued use of land designated for medium or heavy industrial purposes; and

(2)

Prohibit residential and general commercial use of the land, and to prohibit any other use, which would substantially interfere with the development, continuation or expansion of medium or heavy industrial uses in the district.

Industrial (I-2) development in the rural areas of the county should primarily be permitted upon the issuance of a conditional use permit by the board of supervisors. This provides a means by which suitable development standards can be required to shield adjoining and adjacent agricultural areas from the more intensive industrial development.

AGRICULTURAL

Agricultural activity passive

Brewery, major

Distillery, major

Forestry

Sawmill, permanent

Sawmill, temporary

Sawmill, temporary non-commercial

Winery, major

RESIDENTIAL

CIVIC

Utility service, minor

COMMERCIAL

Contractor's offices and shop

Food truck

Licensed medical facility

Medical office

INDUSTRIAL

MISCELLANEOUS

Amateur radio tower

Solar generation facility, small-scale

(Ord. of 1-7-2025(2025-1 meeting); Ord. of 6-2-2025(2025-8) meeting)

The following named uses may be permitted in the industrial general (I-2) district as accessory to the primary use of the subject property:

(1)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this ordinance.

(2)

Retail or commercial uses, which involves the sale or trade of products that are manufactured or assembled on site, along with products or services that are directly related to the primary use of the property.

AGRICULTURAL

Abattoir

Agricultural operation

RESIDENTIAL

CIVIC

Public maintenance and service facility

Recycling center

Refuse collection site

Religious assembly

Utility service, major

COMMERCIAL

Construction sales and service

Construction yard

Custom manufacturing

Shooting range, indoor

Shooting range, outdoor

Short-term rental of dwelling

Surplus sales

INDUSTRIAL

Industrial, light

Industrial, medium

Industrial, heavy

Laboratory

Motor vehicle towing services

Railroad facility

Research and development

Resource extraction

Salvage and scrap service

Transfer station

Warehousing and distribution

MISCELLANEOUS

Aviation facility

Broadcasting or communication tower

Solar generation facility, minor scale

Solar generation facility, utility scale

(Res. of 1-18-22(2022-2); Ord. of 10-2-23(2023-7), Att.)

Before a building permit shall be issued or construction commenced on any permitted use in the industrial general (I-2) district, or a zoning permit issued for a new use, the plans, drawn in sufficient detail to show the operations and processes, shall be submitted to the zoning administrator for study. The administrator shall refer these plans to the planning commission for its recommendation. Modification of the plans may be required before a permit is issued.

There is no minimum lot area requirement in the industrial general (I-2) district. However, all parcels shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfield), and required stormwater maintenance facilities.

(a)

In the industrial general (I-2) district, the setback regulations shall be as provided in section 86-115 of this chapter.

(b)

The minimum lot width in the industrial general (I-2) district shall be shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfield), and required stormwater maintenance facilities.

The minimum lot frontage requirement in the industrial general (I-2) district shall be as provided in section 86-118.

In the industrial general (I-2) district, the height regulations shall be:

(1)

Any permitted structures (except for utilities, amateur radio towers, or structures regulated under the telecommunications chapter): 60 feet maximum.

(2)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In industrial general (I-2) district, the minimum side or rear yard:

(1)

Adjoining or adjacent to a residential or agricultural district shall be 100 feet.

(2)

Adjoining or adjacent to a commercial or industrial district shall be ten feet.

(3)

Adjoining or adjacent to a mixed use district shall be 50 feet.

(4)

Agricultural activities passive

a.

Any permanent, temporary, or mobile agricultural buildings allowed under agricultural activities passive, may not be kept on lots or areas which are closer than 250 feet to any adjacent property line.

(5)

Agricultural operations.

a.

Will be established as part of a conditional use permit process. Yard regulations set as part of a conditional use permit process are recommended to follow the agricultural activities passive yard regulations.

In the industrial general (I-2) district the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-115, "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-115, "setback regulations."

All divisions and/or subdivisions, are subject to the applicable provisions of the industrial general (I-2) zoning district and article III subdivision of this Code.

(a)

The resort development district (RD) is intended to permit open area recreation facilities for private and public use or for profit, to permit commercial uses related to such recreation facilities, and to permit a variety of residential accommodations on a contiguous site under common ownership or control in accordance with a master plan in a manner that will conserve the natural resources and enhance the scenic beauty around by leaving as permanent open area not less than 25 percent of the total acreage. Within such resort development, the location of all improvements shall be controlled in such a manner as to accommodate permitted uses in an orderly relationship with one another, with the greatest amount of open area and with the least disturbance to natural features.

(b)

Open area shall include fields, forest, golf courses, tennis courts, and similar facilities, water features, paths and trails, but not roads and parking areas, surface easements for drainage and other utilities not included within the lines of any residential lot. The open area shall not be applicable to minimum lot sizes or other minimum requirements of this section and shall essentially require the developer to place 25 percent of his total acreage in permanent open area as defined in this section.

(c)

The resort development shall apply only to land having a minimum of 30 contiguous acres under common ownership or control. Additional land may subsequently be added to the approved resort development if the additional land adjoins or forms a logical addition to the approved resort development. The procedure for an addition shall be the same as if an original application were filed, and all requirements of this division shall apply except the minimum acreage requirement as specified in subsection (a) above.

(d)

No tract of land may be admitted to the resort development zoning district except with the submission of detailed plans as required by this division and/or other documents required by the governing body in order to enable it to make a comprehensive study of the proposed development. No tract of land may be admitted to the resort development zoning district unless recreational facilities are a primary part of the overall plan development. No tract of land may be admitted to the resort development district except after consideration by the planning commission after notice and hearing as required by Code of Virginia, § 15.2-2204.

(a)

The applicant shall file all applications for rezoning with the zoning administrator and shall furnish with the application one full size set of plans, one 11 inch by 17 inch size set of plans; and a digital copy of all plans in a format acceptable to the county, of a preliminary master plan showing:

(1)

Summary of land uses by type and area;

(2)

Land uses to be color coded, indicating their location on the plan with the acreage;

(3)

Summary giving the total number of dwelling units, with ranges of units per housing type;

(4)

General location of dwelling unit types and examples of lot configuration;

(5)

Gross density and net residential densities;

(6)

Method of access from roads to proposed areas of development;

(7)

General road alignments with proposed right-of-way width, including adjacent or internal roads;

(8)

General alignments of sidewalks, bike and pedestrian ways;

(9)

A general plan showing the location and acreage of the active and passive recreation spaces, parks, and other public open areas; and

(10)

A general plan showing the location of clubs, hotels, motels, restaurants, sports centers and similar uses.

(b)

Before making its recommendations to the governing body, the planning commission shall consider the characteristics of the area in which the proposed resort development is to be located and shall consider the necessary facilities to protect resources and uses in the area. No plan may be accepted by the planning commission or approved by the board of supervisors unless it provides for adequate access for emergency services, and contains at least two points of access for every area containing over 50 dwellings.

The plan must be based on current accepted planning principles, which will protect and promote the health, safety, and welfare of the public. The planning commission and/or the board of supervisors shall have the right to refuse any plan which does not protect and promote the health, safety, and welfare of the general public.

After approval of the preliminary master plan by the governing body, the preliminary plan may not be altered without the approval of the governing body, but the preliminary plan shall be superseded by the final plans as provided in this division. Prior to the issuance of a land disturbing permit and recordation of any subdivision plat or division of any parcel of land and recordation thereof, within the boundary of any resort development district, the owner shall furnish a bond with surety approved by the governing body or the agent, in an amount sufficient to secure performance of all requirements in a workmanlike manner of the plan approved by the governing body, including an amount sufficient to cover reasonable administrative costs. This bond shall be held by and made in favor of the governing body.

As the applicant completes phases of the construction of the improvements as set forth in the plan, the agent shall release a portion of the performance bond at such times and in such amounts as the agent shall deem proper; however, the amount of such partial release shall be guided by and commensurate with the dollar value of the completed phases.

Where sections of the zoning or subdivision articles are deemed to be in conflict with the goals of the final master plan, the rezoning application shall be considered a request for a waiver or modification to these sections if specified in the final master plan. Otherwise, the applicant must provide a clear explanation as to why certain regulations are in conflict with the final master plan, demonstrate that the public's health, safety and welfare will not be compromised, and request the specific waivers or modifications to be considered by the board of supervisors after a public hearing.

AGRICULTURAL

Agricultural activity passive

Forestry

RESIDENTIAL

Accessory dwelling unit

Cottage

Single-family dwelling, attached

Single-family dwelling, detached

Temporary family health care structure

Two-family dwelling

CIVIC

Civic use

Club

Cultural services

Post office

Religious assembly

Utility service, minor

COMMERCIAL

Camp

Campground

Commercial indoor amusement

Food truck

General office

Golf course

Home occupation, class A

Hotel

Laundry

Licensed medical facility

Marina

Medical office

Personal improvement services

Personal services

Restaurant

Short-term rental of dwelling—Subject to 86-114

Store, general

Store, neighborhood convenience

INDUSTRIAL

MISCELLANEOUS

Amateur radio tower

Cemetery, private

Solar generation facility, small-scale

(Ord. of 10-2-23(2023-7), Att.; Ord. of 1-7-2025(2025-1 meeting); Ord. of 6-2-2025(2025-8) meeting)

Under this section, conditional uses are intended to be related with the activities defined in the resort development master plan, as approved by the board.

AGRICULTURAL

Agricultural operation

Stable, commercial

Stable, private

RESIDENTIAL

CIVIC

Educational facility, primary/secondary

Public assembly

COMMERCIAL

Assisted living facility

Clinic

Commercial indoor entertainment

Commercial indoor sports and recreation

Commercial outdoor entertainment

Commercial outdoor sports and recreation

Day care

Day care center

Family day care home

Financial institution

Grocery store

Life care facility

Mini-warehouse

Nursing home

Parking facility

Retail sales of controlled substances

School, private

Shooting range, indoor

Special occasion facility

Specialty shop

Studio, fine arts

Veterinary hospital/clinic

INDUSTRIAL

MISCELLANEOUS

Outdoor gathering

Solar generation facility, minor scale

Solar generation facility, utility scale

Temporary conditional uses permitted under section 86-91 of this chapter.

(Ord. of 6-2-2025(2025-8) meeting)

In the resort development district (RD), the minimum lot area shall be 40,000 square feet for a lot served by individual water and sewage systems. The minimum lot area shall be 25,000 square feet for a lot served by either central water or sewage systems, or 15,000 square feet if a lot is served by both central water and sewage systems.

In the resort development district (RD), the required setback shall be 30 feet from the edge of the right-of-way line if lots are served by central water or sewage systems. If lots are served by individual water and sewage systems, the required setback shall be a minimum of 50 feet from the edge of the right-of-way line.

Unless otherwise approved on the preliminary master plan, the following shall apply:

(1)

In the resort development district (RD), the minimum lot width at the building setback line shall be 100 feet.

(2)

The minimum lot frontage requirement in the resort development (RD) district shall be as provided in section 86-118.

In the resort development district (RD), the height regulations shall be:

(1)

Single-family residences: 40 feet maximum.

(2)

Two-family residences: 40 feet maximum.

(3)

Multifamily buildings and other permitted structures: 60 feet maximum.

(4)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In the resort development district (RD), the yard regulations shall be:

(1)

Side. The minimum side yard for any permitted structure shall be ten feet.

(2)

Rear. Each main structure shall have a minimum rear yard of 25 feet.

(3)

Agricultural activities passive.

a.

Any permanent, temporary, or mobile agricultural buildings allowed under agricultural activities passive, may not be kept on lots or areas which are closer than 250 feet to any adjacent property line.

(4)

Agricultural operations.

a.

Will be established as part of a conditional use permit process. Yard regulations set as part of a conditional use permit process are recommended to follow the agricultural activities passive yard regulations.

Setbacks for corner and double frontage lots shall comply with section 86-298, Setback regulations.

Planned unit development districts are intended to provide for variety and flexibility in design necessary to implement the varied goals of the county as set forth in the comprehensive plan. Through a planned unit development district approach, the regulations of this division are intended to accomplish the purposes of zoning and other applicable regulations to the same extent as regulations of conventional districts.

Additionally, planned unit development districts are intended to implement the specific goals enunciated by the comprehensive plan.

It is intended that planned unit development districts be established along major corridors and in growth areas as designated in the comprehensive plan. Planned district master plans should demonstrate a unified development with an interconnected system of internal roads, sidewalks, and paths as well as manage access points along existing roads in order to maximize safety and the efficiency of existing roads. Pavement widths of internal and external roads shall minimize paving requirements as described in the comprehensive plan while accommodating projected traffic generated from the district.

Planned developments allow for a higher density of development for a more efficient use of the designated growth areas, and to more effectively preserve the rural areas of the county. Other benefits of a planned development include less infrastructure costs, more efficient provision of public safety services, less environmental impact, and through the provision of affordable housing achieve significant economic and social integration.

(a)

The applicant shall file an application for rezoning with the county community development department. The application shall consist of three primary sections: a narrative, an existing conditions map, and a master plan.

(1)

Narrative.

a.

A general statement of objectives to be achieved by the planned district including a description of the character of the proposed development and the market for which the development is oriented;

b.

A list of all adjacent property owners;

c.

Site development standards including, but not limited to density, setbacks, maximum heights, and lot coverage;

d.

Utilities requirement and implementation plan;

e.

Phased implementation plan;

f.

Comprehensive sign plan;

g.

Statements pertaining to any architectural and community design guidelines shall be submitted in sufficient detail to provide information on building designs, orientations, styles, lighting plans, etc.

(2)

Existing conditions map.

a.

Topography, including steep slopes (> 15 percent);

b.

Water features;

c.

Roadways;

d.

Structures;

e.

Tree lines;

f.

Major utilities;

g.

Significant environmental features;

h.

Existing and proposed ownership of the site along with all adjacent property owners;

(3)

Master plan. The preliminary master plan shall be of sufficient clarity and scale to accurately identify the location, nature, and character of the proposed planned unit development district. At a minimum, the preliminary master plan, shall include the following:

a.

Proposed layout of the planned unit development district including the general location of uses, types of uses, and density range of uses;

b.

Methods of access from existing state-maintained roads to proposed areas of development;

c.

General road alignments;

d.

General alignments of sidewalks, bicycle and pedestrian facilities;

e.

A general water layout plan indicating the intended size and location of primary lines and the general location of fire hydrants (e.g., one every two blocks, etc.);

f.

A general sanitary sewer layout indicating the size and location of primary lines, and the location of pump stations; and

g.

A general plan showing the location and acreage of the active and passive recreation spaces, parks and other public open areas.

(b)

Additionally, an environmental phase I study and a traffic study are also required to be submitted as part of the application package.

(c)

The county attorney shall review any property-owner or other association's charter and regulations prior to final site plan approval.

(d)

The planning commission shall review the preliminary master plan for the proposed planned unit development district in light of the goals enumerated in the comprehensive plan, consider it at a scheduled public hearing, and forward its recommendation along with the preliminary master plan to the board of supervisors for consideration. The board of supervisors shall hold a public hearing thereon, pursuant to public notice as required by the Code of Virginia, § 15.2-2204, 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 than was contained in the public notice without an additional public hearing after notice required by the Code of Virginia, § 15.2-2204. Such ordinances shall be enacted in the same manner as all other ordinances. The plan approved by the board of supervisors shall constitute the final master plan for the planned unit development district.

(e)

Once the board of supervisors has approved the final master plan, all accepted conditions and elements of the plan shall constitute proffers, enforceable by the zoning administrator.

(f)

The zoning administrator shall approve or disapprove a final site development plan within 60 days from the receipt of such plan. The plan shall be in substantial conformance with the approved final master plan. Such final site development plan may include one or more sections of the overall planned unit development district, and shall meet all applicable federal, state, and county regulations and shall contain specific details of information required generally in the preliminary plan.

(Ord. of 1-7-2025(2025-1 meeting))

The goal of a planned unit development district is to encourage a development form and character that is different from conventional suburban development by providing the following characteristics:

(1)

Pedestrian orientation;

(2)

Neighborhood friendly streets and paths;

(3)

Interconnected streets and transportation networks;

(4)

Parks and open space as amenities;

(5)

Neighborhood centers;

(6)

Buildings and spaces of appropriate scale;

(7)

Relegated parking;

(8)

Mixture of uses and use types;

(9)

Mixture of housing types and affordability;

(10)

Environmentally sensitive design; and

(11)

Clear boundaries with any surrounding rural areas.

An application is not necessarily required to possess every characteristic of the planned unit development district as delineated above to receive approval. The size of the proposed district, its integration with surrounding districts, or other similar factors may prevent the application from possessing every characteristic.

In the planned unit development district, all uses permitted by-right in the agricultural, residential, commercial, and industrial districts may be permitted. Additional uses specifically enumerated in the final master plan may be permitted by-right at the discretion of the board of supervisors. Specific uses may also be excluded.

One or more uses permitted by conditional use permit in any zoning districts may be permitted in the planned unit development district, if documented in the master plan, and upon issuance of a conditional use permit by the board of supervisors. Uses allowed by-right in other districts, may require a conditional use permit if specifically enumerated in the final master plan. Unless specifically approved by the governing body as part of the conceptual plan, temporary conditional uses shall only be permitted with a conditional use permit pursuant to section 86-43 of this chapter.

COMMERCIAL

Retail sales of controlled substances

(Ord. of 6-2-2025(2025-8) meeting)

A variety of housing types and non-residential uses are strongly encouraged. The mixture of uses shall be based upon the uses recommended in the comprehensive plan. This mixture may be obtained with different uses in different buildings or a mixture of uses within the same building.

Minimum area required for the establishment of a planned unit development district shall be ten acres.

Additional area may be added to an established planned unit development district if it adjoins and forms a logical addition to the approved development. The procedure for the addition of land to the planned unit development district shall be the same as if an original application was filed and all requirements shall apply except the minimum lot area requirement as set forth above.

Open space promotes attractive and unique developments that are also environmentally conscious. Planned unit developments shall include the following:

(1)

Not less than 30 percent of total acreage shall be open space, whether dedicated to public use or retained privately;

(2)

If 50 percent or more of the total acreage is open space, then a 30-percent increase in density shall be permitted. If 75 percent or more of the total acreage is open space, then a 50-percent increase in density shall be permitted;

(3)

A minimum usable area of 5,000 square feet every ten acres shall be provided for active or passive recreational activities;

(4)

Open space shall be dedicated in a logical relationship to the site and in accordance with any guidance from the comprehensive plan regarding significant open space;

(5)

Improvements shall be configured to accommodate permitted, accessory and conditional uses in an orderly relationship with one another, with the greatest amount of open area and with the least disturbance to natural features.

The gross and net residential densities shall be shown on the approved final master plan by area and for the development as a whole in dwelling units per acre, and shall be binding upon its approval. The overall gross density so approved shall be determined by the board of supervisors with reference to the comprehensive plan, but shall not exceed ten dwelling units per acre, unless the density is increased with the provisions of section 86-315(2).

Non-residential density should be expressed in terms of total square footage by area and for the development as a whole. There is no maximum square footage for non-residential uses but the proposed uses should be in proportion to the overall intent and functionality of the planned district concept.

(a)

Within the planned unit development district, minimum setback ranges shall be specifically established during the review and approval of the concept plan. Specific setbacks may be approved administratively in the site plan process if they are in conformance with the established ranges or a rezoning will be required. The following guidelines shall be used in establishing the building spacing and setbacks:

(1)

Areas between buildings used as service yards, storage of trash, or other utility purposes should be designed to be compatible with adjoining buildings;

(2)

Building spacing and design shall incorporate privacy for outdoor activity areas (patios, decks, etc.) associated with individual dwelling units whenever feasible; and

(3)

Yards located at the perimeter of the planned unit development district shall conform to the greater setback requirements (side or rear yard) of the adjoining district, or to the setback requirements of the planned district, whichever is greater.

(4)

In no case shall setbacks interfere with public safety issues such as sight lines and utilities, including other public infrastructure such as sidewalks, open space, etc.

In the planned unit development district, the height regulations shall be:

(1)

Single-family residences: 40 feet maximum.

(2)

Banks, office buildings and hotels: 80 feet maximum.

(3)

Apartments, shopping centers, and other permitted buildings: 60 feet maximum.

(4)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

Within the planned unit development district, the applicant shall establish parking regulations for consideration by the board of supervisors. The proposed regulations should be based on a parking needs study or equivalent data. Such regulations shall reflect the intent of the comprehensive plan to decrease impervious cover by reducing parking requirements, considering alternative transportation modes and using pervious surfaces for spillover parking areas. Shared parking areas, especially with non-residential uses is encouraged.

All new utility lines, electric, telephone, cable television lines, etc., shall be placed underground.

Where sections of the zoning or subdivision ordinance are deemed to be in conflict with the goals of the final master plan, the rezoning application shall be considered a waiver or modification to these sections if specified in the final master plan. Otherwise, the applicant must provide a clear explanation as to why certain regulations are in conflict with the final master plan, demonstrate that the public's health, safety and welfare will not be compromised, and request the specific waivers or modifications to be considered by the board of supervisors after a public hearing.

The manufactured home park district (MHP) is established to provide for the development of manufactured home parks in accordance with sound planning principles and to regulate manufactured home parks so as to prevent detrimental effects to the use or development of adjacent properties. It is the intent of this district to provide sites for high density year round location of manufactured homes as a form of permanent or temporary affordable housing in appropriate locations in the county and to allow other selected uses which are compatible with the residential character of the district.

In a manufactured home park district (MHP) any structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Manufactured home parks, subject to approval by the county planning commission and the board of supervisors of a trailer park permit application in accordance with chapter 50 of this Code.

(2)

Single-family dwellings.

(3)

Schools and churches.

(4)

Accessory uses or structures.

(5)

Parks, playgrounds and similar recreational facilities, either public or private.

(6)

Utility service, minor.

(7)

Utility service, major, when owned and/or operated by the county.

In the manufactured home park district (MHP), where not in conflict with more restrictive provisions of the Code of Virginia, the following signs are permitted within the size limitations indicated:

(1)

Sale or rental of premises upon which erected: Six square feet.

(2)

Church bulletin boards: 12 square feet.

(3)

Directional signs: Six square feet.

A conditional use permit shall be required for all other signs.

All manufactured home parks will be governed by the development regulations set forth in chapter 50 of this Code. All other permitted uses shall be governed in terms of lot area and frontage, setbacks and height, minimum yard requirements, and parking requirements by the regulations set forth in article II, residential general district (R-2) of this chapter.

The technology overlay district (TOD) is hereby created for the purpose of promoting the development of technology centers in areas of the county where existing or proposed infrastructure could adequately support the proposed uses. By their nature, these uses may require sizable acreage, often operating and designed in a campus like atmosphere, and are developed with a functional separation from dense residential and commercial retail development. The TOD furthers the county's efforts to attract and advance high-tech industrial development while limiting the impacts on the community. The TOD may be designated by the board of supervisors ("BOS") as an overlay of existing zoning districts, regardless of classification.

(Ord. of 4-3-23(2023-6), Att.)

(a)

Size and location. Lands in the TOD shall encompass a minimum of 125 contiguous acres as part of a TOD campus. Properties in the TOD shall be located in close proximity to high voltage power transmission lines of 115kv or more. Additionally, parcels in the TOD shall be located on lands which can be served by adequate infrastructure, including public water and sewer (or other suitable ground water and septic systems), and a road network with acceptable capacity that can serve the TOD's intended uses expressed herein. The total developable acreage in the TOD shall not exceed one percent of the total county acreage or 3,266 acres.

(b)

TOD adoption. The TOD boundaries and any future amendments shall be created by the BOS and amended by ordinance upon adoption by the BOS based on boundaries established using a map.

(c)

TOD overlay/zoning. The TOD shall overlay the existing zoning district and impose additional restrictions on the use of the property. The regulations and requirements of the underlying zoning district and the TOD shall both apply, provided however, that when the regulations applicable to the TOD conflict with the regulations of an underlying zoning district, the TOD regulations shall supersede and apply. Uses permitted by-right in the underlying zoning district will not require compliance with TOD standards. If the TOD is silent on a development condition or matter, and the underlying zoning district is not silent on said condition or matter, then the TOD shall govern, if TOD use is invoked.

(Ord. of 4-3-23(2023-6), Att.)

(a)

Principal building facades.

(1)

Principal building facades shall include all building facades substantially visible to adjacent public roads and streets. When a building has more than one principal facade, such principal building facades shall be consistent in terms of design, materials, details, and treatments. Principal building facades associated with new construction within the TOD shall meet the following standards:

a.

Principal building facades shall avoid the use of undifferentiated surfaces by including at least two of the following design elements:

1.

Change in building height;

2.

Building step-backs or recesses;

3.

Fenestration;

4.

Change in building material, pattern, texture, color; or

5.

Use of accent materials.

b.

Buildings not visible from adjacent roads or properties due to buffering shall not be required to have differentiated design elements.

c.

Building facade material requirements.

1.

The following primary and second materials are permitted and to include: a tinted textured masonry block, pre-cast concrete, tilt-up concrete panels with brick finish or stone facing, glass, stucco and external insulation finish system that simulates a stucco appearance, fiber-cement siding, metal panel systems, structural metal siding, wood siding and smooth faced concrete blocks.

2.

Precast concrete must contain other materials embedded within and articulated with design detailing or have application of other building materials to create design interest.

3.

Notwithstanding anything to the contrary herein, the BOS may approve alternative building facades and features, and building facade materials.

(b)

Screening of accessory equipment.

(1)

To minimize visibility from adjacent public roads and adjacent properties, ground level and rooftop accessory equipment shall be screened from public roads and streets abutting residentially zoned or planned properties. This screening may be provided by a principal building or existing vegetation that will remain on or is within a landscaping/buffer easement on an adjacent property. Accessory equipment not screened by a principal building or existing vegetation shall be screened by a visually solid fence, screen wall or panel, parapet wall, or other visually solid screen that shall be constructed of materials compatible with those used in the exterior construction of the principal building. Notwithstanding the requirements of this section, accessory equipment located in a manner found to have no adverse impact on adjacent roads and adjacent properties, as determined by the BOS, shall not be required to be screened.

(2)

Notwithstanding anything to the contrary herein, this section shall not apply to permitted accessory uses, including without limitation electric substations, transmission, and distribution facilities.

(c)

Landscaping.

(1)

A minimum of 20 percent open space shall be maintained for each group of contiguous parcels within the TOD, inclusive of undeveloped land wetlands, steep slopes, stormwater areas, or water left in undisturbed, open condition or developed as a landscaped or buffer area for buildings, streets or parking lots, areas used primarily for resource protection or recreational purposes.

(2)

If created, individual parcels within the TOD are required to submit a landscaping plan with a site plan.

(3)

Required landscaping is to be maintained in perpetuity.

(d)

Perimeter buffers.

(1)

All buffers shall be inclusive of required setbacks.

(2)

All roads and utility rights-of-ways and easements are permitted to cross all TOD buffered areas. Stormwater management features, parking, sidewalks, guard houses, and other accessory permitted uses are prohibited in the buffer areas, except by waiver approved by the BOS.

(3)

Buffer yard plantings shall be designed to minimize visual impacts from adjacent public roads and streets and properties. Notwithstanding the requirements of this section, use of natural topography and preservation of existing vegetation, supplemented by new vegetation, if needed, or on the outside of a six-foot-tall solid fence, may be substituted for the above requirements when found by the BOS to provide minimal visual screening from adjacent land uses.

(4)

Buffers shall be shown on the TOD campus buffer and landscape plan and on any individual site plans when the buffer area is part of an individual lot or multiple lots for which the site plan was submitted.

(5)

Minimum buffering requirements.

a.

Adjacent to residential uses. Minimum buffer area shall be 200 feet.

b.

Adjacent to agricultural uses. Minimum buffer area for permitted uses shall be 300 feet. (Minimum buffer areas for Utility service, major and minor shall be 250 feet).

c.

Adjacent to commercial and industrial district uses. Minimum buffer area shall be 100 feet.

d.

Adjacent to primary public roads. Minimum buffer area shall be 150 feet. Primary public roads include routes 522, 33, 652, 605 and 22.

e.

Adjacent to secondary public roads. Minimum buffer area shall be 100 feet. Secondary public roads are all roads not defined as primary roads.

f.

TOD, internal parcel buffers. Where multiple parcels within the TOD are included in a development master plan, buffer requirements shall not apply to internal parcel lines. Where internal parcels lines intersect with perimeter parcel lines, the TOD perimeter buffer regulations shall apply.

(e)

Noise. Specific sound levels in the TOD shall be governed by the provisions in chapter 51 of the Louisa County, Virginia Code of Ordinances. Notwithstanding anything to the contrary in chapter 51, TOD decibel levels shall not exceed the following:

Daytime Level: 65dB.

Nighttime Level: 60dB.

(f)

Minimum lot sizes. There is no minimum lot size applicable to the TOD.

(g)

Fencing. Fencing of the property improvements shall be located inside the buffer area.

(h)

Setback requirements.

(1)

Adjacent to primary public roads. No buildings shall be permitted closer than 150 feet. Primary public roads include routes 522, 33, 652, 605 and 22. All roads shall be deemed to have a right-of-way of at least 50 feet and setbacks should be measured accordingly from the edge of the right-of-way.

(2)

Adjacent to secondary public roads. Minimum setback shall be 100 feet. Secondary public roads are all roads not defined as primary roads. All roads shall be deemed to have a right-of-way of at least 50 feet and setbacks should be measured accordingly from the edge of the right-of-way.

(3)

Adjacent to residential uses. No building, parking, outdoor storage areas for collection of refuse, or loading area shall be permitted closer than 200 feet from any residential or planned residential district, or development zone allowing residential development, or agricultural land.

(4)

Agricultural district uses. No permitted uses, outdoor storage for collection of refuse, or loading area shall be permitted closer than 300 feet from any agricultural land. Supporting development uses like parking, stormwater management features, sidewalks, guard houses, and other accessory permitted uses are prohibited in the setback, except by waiver approved by the BOS. (Minimum setbacks for utility service, major and minor shall be 250 feet).

(5)

Adjacent to commercial and industrial districts. No buildings, parking, outdoor storage or loading areas shall be permitted closer than 100 feet from commercial or industrial use districts.

(6)

Setbacks between buildings. Within the TOD where individual lots or building sites are provided, the minimum setback between buildings on adjacent lots or building sites shall be 25 feet, unless a waiver of this requirement is approved by the BOS. Driveways, parking, and covered entrances may be within the aforesaid setback area; however, no such facility may be closer than five feet to any adjoining lot line. Covered walkways connecting buildings, or connecting buildings with parking areas, shall be permitted in such setback areas.

(i)

Building height.

(1)

Eighty feet from the vertical dimension of a structure as measured from the average elevation of the finished grade at the front line of the building to the highest point of the roof of a flat roof, the deck line of a mansard roof, or a gable, hip, or gambrel roof. The height limitations shall not apply to parapets, screening, spires, belfries, cupolas, antennas, communications towers, air cooling ventilation equipment, ventilators, or other appurtenances usually required to be placed on the roof level and not intended for human occupancy nor does it apply to any utility infrastructure facility. Electric transmission, distribution and substation facilities, and towers (water or other) shall be excluded from the maximum height requirements. A special exception permit to exceed the maximum building height regulations provided herein may be granted by the BOS.

(j)

Lighting requirements.

(1)

Fully shielded, dark sky equivalent lighting fixtures shall be used in all areas. Lighting shall not exceed .50 foot-candles as measured from the property line. Lighting that is exempt from these requirements includes temporary lighting and lighting provided for emergency or safety purposes as required by: the building code, electric code, or otherwise within the County Code. Signage related to the authorized uses shall not be illuminated.

(2)

Parking lot, access and security lighting shall not exceed a height of 30 feet.

(3)

Pedestrian and walkway lighting structures shall not exceed a height of 12 feet.

(4)

Security entrance gates. A minimum illumination of three foot-candles (30 lux) is required to support safe and secure operation of the gate area.

(Ord. of 4-3-23(2023-6), Att.)

The following uses are permitted with the issuance of a conditional use permit in the TOD, subject to the requirements and limitation provided under this section:

Technology college, university, or technical school.

Conference or training center.

Data centers.

Technology research and development facility.

Technology capital intensive advanced manufacturing facility.

Utility service, major. Utility scale solar energy generating facilities or power generation battery storage facilities producing two MW or more of electricity which leaves the TOD site boundaries, or where the solar or battery storage facility is the principal, sole use of a parcel within the TOD, shall require a conditional use permit.

Utility service, minor.

(Ord. of 4-3-23(2023-6), Att.; Ord. of 8-5-24(2024-11 meeting), Att.)

Editor's note— Ord. of 8-5-24(2024-11 meeting), Att., adopted August 5, 2024, amended the title of § 86-333 to read as herein set out. The former § 86-333 title pertained to permitted uses—generally.

(a)

Accessory permitted uses. The following ancillary uses, which support permitted uses with the issuance of a conditional use permit expressed above under section 86-333, are hereby authorized, only if they are included in the conditional use permit. Accessory permitted uses that are deemed utility facilities subject to the provisions of article I, division VIII of this chapter, and must be in substantial accord with the relevant provisions of the county comprehensive plan or applicable element thereof. Notwithstanding this provision, facilities that are by-right uses shall be deemed substantially in accord with the comprehensive plan.

(1)

Water treatment plant, public or privately owned.

(2)

Sewage treatment plant, public or privately owned.

(3)

Elevated water storage tank or tower.

(4)

Telecommunications tower.

(5)

Central heating or cooling facility.

(6)

Energy generating facility.

(7)

Food service facility.

(8)

Security building.

(9)

General storage and maintenance facility.

(10)

Structured parking.

(11)

General office.

(12)

Other ancillary uses approved by the BOS.

(Ord. of 4-3-23(2023-6), Att.; Ord. of 8-5-24(2024-11 meeting), Att.)

The agricultural (A-1) district within the growth area overlay district is intended to accommodate farming, forestry, livestock maintenance and other related farm activities within the established overlay district. Such uses are an essential part of the rural economy of the county and the agrarian character of the community. It comprises those areas dedicated to farming and agricultural use and is protected as a valuable part of the rural community. These activities shall not be compromised by development and shall be enhanced by the protection offered herein.

In the agricultural (A-1) district within the growth area overlay district, any building to be erected or land to be used shall be for one or more of the following uses:

AGRICULTURAL

Agricultural activity passive

Agricultural operation

Agricultural operation intensive

Animal waste treatment system

Brewery, limited

Distillery, farm

Farm employee housing

Farm sales

Forestry use

Sawmill, temporary

Sawmill, temporary non-commercial

Stable, private

Wayside stand

Winery, farm

RESIDENTIAL

Accessory dwelling unit

Group home

Guest home

Guestroom

Manufactured home

Single-family dwelling, detached

Temporary family health care structure

CIVIC

Utility service, minor

COMMERCIAL

Day care

Family day care home

Food truck

Home occupation, class A

Short-term rental of dwelling

INDUSTRIAL

Motor vehicle towing services

MISCELLANEOUS

Amateur radio tower

Cemetery, private

Kennel, private

Solar generation facility, small-scale

(Res. of 1-18-22(2022-2); Ord. of 10-2-23(2023-7), Att.; Ord. of 1-7-2025(2025-1 meeting))

(a)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this ordinance.

(b)

Structures, which are customarily accessory and clearly incidental and subordinate to the intended principal or main use on-site may be constructed prior to the principal or main structure; however, the first structure constructed on-site will be subject to the primary or main structure setbacks; in addition to the future primary or main structure.

The following named uses may be permitted in the agricultural (A-1) district within the growth area overlay district upon issuance of a conditional use permit by the board of supervisors:

AGRICULTURAL

Abattoir

Brewery, major

Dairy

Distillery, major

Livestock market

Stable, commercial

Winery, major

RESIDENTIAL

Cottage

Dormitory

CIVIC

Civic use

Club

Correction facility

Educational facility, college/university

Educational facility, primary/secondary

Post office

Public assembly

Public maintenance and service facility

Public park and recreational area

Public recreation assembly

Recycling center

Refuse collection site

Religious assembly

Utility service, major

COMMERCIAL

Automobile repair service

Bed and breakfast

Boardinghouse

Camp

Campground

Car wash

Cemetery

Commercial vehicle repair service

Construction sales and service

Construction yard

Consumer repair service

Custom manufacturing

Contractor's offices and shops

Day care center

Farmers market

General office

Home occupation, class B

Kennel, commercial

Life care facility

Mini-warehouse

Nursing home

School, private

Shooting range, indoor

Shooting range, outdoor

Special occasion facility

Store, neighborhood convenience

Veterinary hospital/clinic

INDUSTRIAL

MISCELLANEOUS

Broadcasting or communication tower

Outdoor gathering

Solar generation facility, minor scale

Solar generation facility, utility scale

Temporary conditional uses permitted under section 86-291.

(Ord. of 6-2-2025(2025-8) meeting)

(a)

The minimum lot area in the agricultural (A-1) district within the growth area overlay district shall be not less than 1.5 acres, or larger as required by the health department for the provision of adequate on-site water and septic systems, as defined by this Code.

(b)

For family divisions, as defined in section 86-13 of this Code, the minimum lot area in the agricultural (A-1) district within the growth area overlay district shall be 1.5 acres.

The setback regulations in the agricultural (A-1) district within the growth area overlay district shall be as provided in section 86-115.

Only two lots with a minimum of 200 feet of road frontage shall be allowed on existing state roads or federal highways per parent parcel. Otherwise, the minimum lot frontage on existing state roads or federal highways shall be 300 feet.

The minimum lot width in the agricultural (A-1) district within the growth area overlay district shall be 200 feet at the building setback line. In no case shall the lot width be less than 20 percent of the depth of the lot at its widest point.

In the agricultural (A-1) district within the growth area overlay district the height regulations shall be:

(1)

Residences and uses accessory thereto: 50 feet maximum.

(2)

Other permitted buildings and structures, except silos: 65 feet maximum.

(3)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In the agricultural (A-1) district, the yard regulations shall be:

(1)

Side.

a.

The minimum side yard setback shall be 25 feet for main structures.

b.

The minimum side yard setback shall be 25 feet for detached accessory structures.

(2)

Rear.

a.

The minimum rear yard setback shall be 40 feet for all main structures.

b.

The minimum rear yard setback shall be 40 feet for detached accessory structures.

(3)

Reserved.

(4)

Intensive agricultural facilities and animal waste treatment systems shall be set back from any property line or off site development in accordance with the following regulations:

a.

Livestock. Intensive livestock facilities including waste treatment systems shall be located no closer than 100 feet from any property line and 300 feet from any adjacent residence or domestic water supply within the agricultural (A-1) district and 200 feet from the property line and 500 feet from any adjacent residence, domestic water supply, school, church or public recreation area located in the agricultural (A-2) district or any other zoning classification.

b.

Poultry. Intensive poultry operations and any associated water management thereof shall be no closer than 100 feet from the property line and 300 feet from any adjacent dwelling, domestic water supply, school, church or public recreation area, regardless of the adjacent zoning classification.

(Ord. of 6-16-2025(2025-9) meeting)

In the agricultural (A-1) the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-116 "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-116, "setback regulations."

(a)

Lot density. The subdivision of property within the A-1 district within the growth area overlay district is restricted. The number of lots that may be split per parent parcel within the A-1 district shall be limited to only those created by family subdivision and/or division.

(b)

All divisions and/or family subdivisions are subject to the applicable provisions of the agricultural (A-1) zoning district within the growth area overlay district and article III subdivision of this code.

Additional landscaping, screening and buffering requirements shall comply with section 86-122—Standards for the growth area overlay districts.

Additional architectural development guidelines shall comply with section 86-122—Standards for the growth area overlay districts.

(a)

The agricultural (A-2) district within the growth area overlay district is provided to allow for the compatible mixture of agricultural uses and limited residential development in rural areas and protect and retain the rural open character of the countryside. Very low density residential uses are allowed along with agricultural uses that are compatible with residential activity to provide for community cohesion in the rural areas and encourage land use interdependence. Zoning standards are also included to ensure the co-existence of these uses with each other. The creation of lots fronting on existing state roads or federal highways is strongly discouraged.

(b)

Agricultural (A-2) District within the growth area overlay district uses range from agricultural to neighborhood oriented commercial and community services. The use of development setbacks, shared access, reverse-front lots and roadside buffers are encouraged to retain the rural character of the county along-side the open farm activities prevalent in the county.

In the agricultural (A-2) district within the growth area overlay district, any building to be erected or land to be used shall be for one or more of the following uses:

AGRICULTURAL

Agricultural activity passive

Agricultural operation

Agricultural operation intensive

Animal waste treatment system

Brewery, limited

Distillery, farm

Farm employee housing

Farm sales

Forestry

Sawmill, temporary

Sawmill, temporary non-commercial

Stable, private

Wayside stand

Winery, farm

RESIDENTIAL

Accessory dwelling unit

Group home

Guest home

Guestroom

Manufactured home

Single-family dwelling, detached

Temporary family health care structure

CIVIC

Utility service, minor

COMMERCIAL

Day care

Family day care home

Food truck

Home occupation, class A

Short-term rental of dwelling

INDUSTRIAL

Motor vehicle towing services

MISCELLANEOUS

Amateur radio tower

Cemetery, private

Kennel, private

Solar generation facility, small-scale

(Res. of 1-18-22(2022-2); Ord. of 10-2-23(2023-7), Att.; Ord. of 1-7-2025(2025-1 meeting))

(a)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this chapter.

(b)

Structures, which are customarily accessory and clearly incidental and subordinate to the intended principal or main use on-site may be constructed prior to the principal or main structure; however, the first structure constructed on-site will be subject to the primary or main structure setbacks; in addition to the future primary or main structure.

The following named uses may be permitted in the agricultural (A-2) district within the growth area overlay district upon issuance of a conditional use permit by the board of supervisors:

AGRICULTURAL

Abattoir

Brewery, major

Dairy

Distillery, major

Livestock market

Stable, commercial

Winery, major

RESIDENTIAL

Cottage

Dormitory

Two-family dwelling

CIVIC

Civic use

Club

Correction facility

Cultural services

Educational facility, college/university

Educational facility, primary/secondary

Emergency shelter

Post office

Public assembly

Public maintenance and service facility

Public park and recreational area

Public recreation assembly

Recycling center

Refuse collection site

Religious assembly

Utility service, major

COMMERCIAL

Assisted living facility

Automobile repair service

Bed and breakfast

Boardinghouse

Business or trade school

Camp

Campground

Car wash

Cemetery

Commercial outdoor entertainment

Commercial outdoor sports and recreation

Commercial vehicle repair service

Communications service

Construction sales and service

Construction yard

Consumer repair service

Contractor's offices and shops

Custom manufacturing

Day care center

Farmers market

Gasoline station

General office

Golf course

Home occupation, class B

Kennel, commercial

Life care facility

Mini-warehouse

Nursing home

Restaurant

School, private

Shooting range, indoor

Shooting range, outdoor

Special occasion facility

Specialty shop

Store, neighborhood convenience

Studio, fine arts

Veterinary hospital/clinic

INDUSTRIAL

MISCELLANEOUS

Broadcasting or communication tower

Outdoor gathering

Solar generation facility, minor scale

Solar generation facility, utility scale

Temporary conditional uses permitted under section 86-91.

(Ord. of 6-2-2025(2025-8) meeting)

(a)

The minimum lot area in the agricultural (A-2) district within the growth area overlay district shall be not less than 1.5 acres, or larger as required by the health department for the provision of adequate onsite water and septic systems, as defined by this Code.

(b)

For family divisions, as defined in section 86-13 of this Code, the minimum lot area in the agricultural (A-2) district within the growth area overlay district shall be 1.5 acres.

The setback regulations in the agricultural (A-2) district within the growth area overlay district shall be as provided in section 86-116.

Only two lots with a minimum of 200 feet of road frontage shall be allowed on existing state roads or federal highways per parent parcel. Otherwise, the minimum lot frontage on existing state roads or federal highways shall be 300 feet. The minimum lot width and road frontage on newly created public or private internal roads, streets or lanes shall be 150 feet except for cul-de-sacs where the minimum lot frontage shall be 25 feet. For new subdivisions, the minimum lot width and road frontage shall be 300 feet along the newly created internal subdivision street on corner lots adjacent to the existing state road. In no case shall the lot width be less than 20 percent of the depth of the lot at its widest point.

In the agricultural (A-2) district within the growth area overlay district the height regulations shall be:

(1)

Residences and uses accessory thereto: 50 feet maximum.

(2)

Other permitted buildings and structures, 60 feet maximum.

(3)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In the agricultural (A-2) district, the yard regulations shall be:

(1)

Side.

(a)

The minimum side yard setback shall be 20 feet for main structures.

(b)

The minimum side yard setback shall be 20 feet for detached accessory structures.

(2)

Rear.

(a)

The minimum rear yard setback shall be 35 feet for all main structures.

(b)

The minimum rear yard setback shall be 35 feet for detached accessory structures.

(3)

Reserved.

(4)

Animal waste treatment systems for either livestock or poultry shall be located no closer than 200 feet from any property line and 500 feet from any adjacent residence, domestic water supply, school, church or public recreation area off the property.

(Ord. of 6-16-2025(2025-9) meeting)

In the agricultural (A-2) district the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-116, "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-116, "setback regulations."

To preserve and maintain agricultural and forestry activities; protect ground and surface water supplies; and conserve natural, historic and scenic resources, subdivisions in the agricultural (A-2) district shall comply with the regulations herein.

(1)

Restrictions on road extension. No road may be extended to a second parent parcel with the primary purpose of providing access for a subdivision; with the exception that a road may be extended when the total number of proposed lots for all parent parcels does not exceed seven plus any density bonuses that may apply as provided for herein.

(2)

Lot density. Lot density shall be limited, except where specifically stated otherwise herein, to a maximum of seven lots per parent parcel.

a.

Density bonuses. The zoning administrator may allow up to three additional lots for a subdivision, for a total of up to ten lots, in the following circumstances:

1.

Affordable housing. A density bonus of three additional lots for a subdivision when at least three lots are dedicated for affordable housing.

(3)

All divisions, subdivisions, and/or family subdivisions are subject to the applicable provisions of the agricultural (A-2) zoning district and article III subdivision of this Code.

Additional landscaping, screening and buffering requirements shall comply with section 86-122—Standards for the growth area overlay districts.

Additional architectural development guidelines shall comply with section 86-122—Standards for the growth area overlay districts.

The residential limited district (R-1) within the growth area overlay district is composed of certain quiet, low density residential areas plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage an enjoyable environment for family life, and to prohibit activities of a commercial nature. To these ends, development is limited to single-unit dwellings providing homes for the residents, plus certain other uses, such as schools, parks, churches and public facilities that serve the residents of the district.

In a residential limited district (R-1) within the growth area overlay district, structures to be erected or land to be used shall be for one or more of the following uses:

AGRICULTURE

Agricultural activity passive

Forestry

Sawmill, temporary non-commercial

RESIDENTIAL

Accessory dwelling unit

Group home

Guestroom

Single-family dwelling, detached

Temporary family health care structure

CIVIC

Civic use

Educational facility, primary/secondary

Public park and recreational area

Religious assembly

Utilities service, minor

COMMERCIAL

Home occupation, class A

Short-term rental of dwelling—Subject to 86-114

INDUSTRIAL

MISCELLANEOUS

Amateur radio tower

Cemetery, private

Solar generation facilities, small-scale

Note: Garages, carports, porches and stoops, etc., attached to the main building shall be considered part of the main building.

(Ord. of 10-2-23(2023-7), Att.)

(a)

The following named uses may be permitted in the residential limited (R-1) district within the growth area overlay district as accessory to the primary use of the subject property:

(1)

Agriculture, as defined, except that farm animals and fowl may not be raised or kept on lots or areas which are closer than 300 feet to any adjacent property line.

(b)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this ordinance.

(c)

Structures, which are customarily accessory and clearly incidental and subordinate to the intended principal or main use on-site may be constructed prior to the principal or main structure; however, the first structure constructed on-site will be subject to the primary or main structure setbacks; in addition to the future primary or main structure.

AGRICULTURE

Agricultural operation

RESIDENTIAL

Cottage

Single-family dwelling, attached

Two-family dwelling

CIVIC

Club

Cultural services

Public recreation assembly

Recycling center

Utility service, major

COMMERCIAL

Assisted living facility

Bed and breakfast

Boardinghouse

Custom manufacturing

Day care

Day care center

Family day care home

Golf course

Life care facility

Nursing home

School, private

INDUSTRIAL

MISCELLANEOUS

Solar generation facility, minor scale

Solar generation facility, utility scale

Temporary conditional uses permitted under section 86-91.

(Ord. of 6-2-2025(2025-8) meeting)

In the residential limited district (R-1) within the growth area overlay district, the minimum lot areas for residences shall be 40,000 square feet. Public health approval is required for individual water or sewerage disposal.

In the residential limited district (R-1) within the growth area overlay district, the setback regulations shall be as provided in section 86-116.

In the residential limited district (R-1) within the growth area overlay district, the minimum lot width at the building setback lines shall be 150 feet.

The minimum road frontage shall be as provided in section 86-118 of this chapter.

(Ord. of 6-16-2025(2025-9) meeting)

In the residential limited district (R-1) within the growth area overlay district, the height regulations shall be:

(1)

Residences: 40 feet maximum aboveground vertically at highest point.

(2)

Other permitted buildings and structures: 50 feet maximum.

(3)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In the residential limited district (R-1) within the growth area overlay district, the yard regulations shall be:

(1)

Side.

a.

The minimum side yard setback shall be 15 feet for main structures.

b.

The minimum side yard setback shall be 15 feet for detached accessory structures.

(2)

Rear.

a.

The minimum rear yard setback shall be 35 feet for all main structures.

b.

The minimum rear yard setback shall be 35 feet for detached accessory structures.

(3)

Any other permitted structure that exceeds 50 feet in height shall be no closer than 50 feet from any side or rear property line.

(4)

Agricultural activities passive

a.

Any permanent, temporary, or mobile agricultural buildings allowed under agricultural activities passive, may not be kept on lots or areas which are closer than 250 feet to any adjacent property line.

(5)

Agricultural operations

a.

Will be established as part of a conditional use permit process. Yard regulations set as part of a conditional use permit process are recommended to follow the agricultural activities passive yard regulations.

In the residential limited district (R-1) within the growth area overlay district, the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-116, "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-116, "setback regulations."

All divisions, subdivisions, and/or family subdivisions are subject to the applicable provisions of the residential limited (R-1) zoning district and article III subdivision of this Code.

Additional landscaping, screening and buffering requirements shall comply with section 86-122—Standards for the growth area overlay districts.

Additional architectural development guidelines shall comply with section 86-122—Standards for the growth area overlay districts.

The residential general district (R-2) within the growth area overlay district is composed of certain quiet, low density residential uses plus certain open areas where similar development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where there are children, and to prohibit activities of a commercial nature. In order to enhance compatibility between dwellings of different types, protect the natural environment, and achieve attractive and well-coordinated designs for building groups, dwelling types other than single-family dwelling, detached are to be permitted only with a conditional use permit.

Development with a mix of dwelling types or uses should be performed under the PUD district.

In the residential general district (R-2) within the growth area overlay district, any building to be erected or land to be used shall be for one or more of the following uses:

AGRICULTURAL

Agricultural activity passive

Forestry

Sawmill, temporary non-commercial

RESIDENTIAL

Accessory dwelling unit

Group home

Guestroom

Single-family dwelling, detached

Temporary family health care structure

CIVIC

Civic use

Cultural services

Educational facility, primary/secondary

Public park and recreational area

Religious assembly

Utility service, minor

COMMERCIAL

Home occupation, class A

Short-term rental of dwelling—Subject to 86-114

INDUSTRIAL

MISCELLANEOUS

Amateur radio tower

Cemetery, private

Solar generation facility, small-scale

(Ord. of 10-2-23(2023-7), Att.)

(a)

The following named uses may be permitted in the residential general (R-2) district within the growth area overlay district as accessory to the primary use of the subject property:

(1)

Agriculture, as defined, except that farm animals and fowl may not be raised or kept on lots or areas which are closer than 300 feet to any adjacent property line.

(b)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this ordinance.

(c)

Structures, which are customarily accessory and clearly incidental and subordinate to the intended principal or main use on-site may be constructed prior to the principal or main structure; however, the first structure constructed on-site will be subject to the primary or main structure setbacks; in addition to the future primary or main structure.

The following named uses and such others as are categorically similar may be permitted in the residential general district (R-2) within the growth area overlay district upon issuance of a conditional use permit by the board of supervisors:

AGRICULTURAL

Agricultural operation

RESIDENTIAL

Cottage

Multi-family dwelling

Single-family dwelling, attached

Two-family dwelling

CIVIC

Club

Public recreation assembly

Recycling center

Utility service, major

COMMERCIAL

Assisted living facility

Bed and breakfast

Boardinghouse

Custom manufacturing

Day care

Day care center

Family day care home

Golf course

Life care facility

Nursing home

School, private

INDUSTRIAL

MISCELLANEOUS

Solar generation facility, minor scale

Solar generation facility, utility scale

Temporary conditional uses permitted under section 86-91 of this chapter.

(Ord. of 6-2-2025(2025-8) meeting)

In the residential general district (R-2) within the growth area overlay district, for residential lots containing or intended to contain a single-family dwelling served by public water and sewage disposal systems, the minimum lot area shall be 20,000 square feet.

(1)

For residential lots containing or intended to contain a single-family dwelling served by either public water or sewage systems, the minimum lot area shall be 30,000 square feet. Health department approval shall be required for proposed lots.

(2)

For residential lots containing or intended to contain a single-family dwelling or two-family dwelling served by individual water and sewage disposal systems, the minimum lot area shall be 40,000 square feet for each dwelling unit. Health department approval shall be required for proposed lots.

(3)

For residential lots containing or intended to contain more than a single-family dwelling served by public water and sewage disposal systems, the minimum lot area shall be:

a.

Two units: 24,000 square feet.

b.

Three units: 28,000 square feet.

c.

For each additional unit above three: 10,000 square feet.

(4)

For residential lots containing or intended to contain more than a single-family dwelling served by public water systems, but having individual sewage disposal systems, the minimum lot area shall be:

a.

Two units: 30,000 square feet.

b.

Three units: 40,000 square feet.

c.

For each additional unit above three: 10,000 square feet.

(5)

For permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the health official. The administrator may require a greater area if considered necessary by the health official.

In the residential general district (R-2) within the growth area overlay district, the setback regulations shall be as provided in section 86-116.

In the residential general district (R-2) within the growth area overlay district, the minimum lot width at the building setback line shall be 125 feet; for two-family or multifamily dwellings it shall be 175 feet. Minimum lot width for attached two-family dwellings and townhouses where separate lots are assigned shall be 20 feet for interior units and 30 feet for end units.

The minimum road frontage shall be as provided in section 86-118 of this chapter.

(Ord. of 6-16-2025(2025-9) meeting)

In the residential general district (R-2) within the growth area overlay district, the height regulations shall be:

(1)

Residences: 40 feet (maximum).

(2)

Other permitted buildings and structures: 50 feet maximum.

(3)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In the residential general district (R-2) within the growth area overlay district, the yard regulations shall be:

(1)

Side.

a.

The minimum side yard setback shall be ten feet for main structures.

b.

The minimum side yard setback shall be ten feet for detached accessory structures.

(2)

Rear.

a.

The minimum rear yard setback shall be 25 feet for all main structures.

b.

The minimum rear yard setback shall be 25 feet for detached accessory structures.

(3)

Any other permitted structure that exceeds 50 feet in height shall be no closer than 50 feet from any side or rear property line.

(4)

Agricultural activities passive

a.

Any permanent, temporary, or mobile agricultural buildings allowed under agricultural activities passive, may not be kept on lots or areas which are closer than 250 feet to any adjacent property line.

(5)

Agricultural operations.

a.

Will be established as part of a conditional use permit process. Yard regulations set as part of a conditional use permit process are recommended to follow the agricultural activities passive yard regulations.

In the residential general district (R-2) within the growth area overlay district, the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-116, "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-116, "setback regulations."

All divisions, subdivisions, and/or family subdivisions are subject to the applicable provisions of the residential general (R-2) zoning district and article III subdivision of this Code.

Additional landscaping, screening and buffering requirements shall comply with section 86-122—Standards for the growth area overlay districts.

Additional architectural development guidelines shall comply with section 86-122—Standards for the growth area overlay districts.

The primary purpose of the light commercial district (C-1) within the growth area overlay district is to establish and protect a limited business district that will serve the surrounding residential districts. Traffic and parking shall be well controlled to protect and preserve property values in the surrounding residential districts and, insofar as possible, all neighborhood business development shall take place in a limited business district.

Within any light commercial district (C-1) within the growth area overlay district as indicated on the zoning map, no lot, building or structure shall be used and no building shall be erected which is intended or designed to be used, in whole or in any part, for any industrial or manufacturing purpose, or for any other than the following specified purposes:

AGRICULTURAL

Agricultural activity passive

Forestry

Sawmill, temporary non-commercial

RESIDENTIAL

Group home

CIVIC

Civic use

Club

Cultural services

Educational facility, college/university

Educational facility, primary/secondary

Post office

Public maintenance and service facility

Public park and recreational area

Public recreation assembly

Recycling center

Religious assembly

Utility service, minor

COMMERCIAL

Assisted living facility

Automobile parts/supply, retail

Automobile rental/leasing

Automobile repair service

Bed and breakfast

Boardinghouse

Business or trade school

Business support service

Car wash

Commercial indoor amusement

Commercial indoor entertainment

Commercial vehicle repair service

Communications service

Consumer repair service

Custom manufacturing

Contractor's office and shop

Dance hall

Day care

Day care center

Family day care home

Financial institution

Food truck

Funeral home

Garden center

Gasoline station

General office

Grocery store

Guidance services

Home occupation, class A

Hotel

Itinerate vendor

Laundry

Licensed medical facility

Life care facility

Medical office

Nursing home

Parking facility

Pawn shop

Personal improvement services

Personal services

Restaurant

School, private

Specialty shop

Store, general

Store, neighborhood convenience

Studio, fine arts

Veterinary hospital/clinic

INDUSTRIAL

MISCELLANEOUS

Amateur radio tower

Cemetery, private

Solar generation facility, small-scale

(Ord. of 1-7-2025(2025-1 meeting); Ord. of 1-21-2025(2025-2 meeting); Ord. of 6-2-2025(2025-8) meeting)

The following named uses may be permitted in the light commercial (C-1) growth overlay district within the growth area overlay district as accessory to the primary use of the subject property:

(1)

Single-family dwelling, detached (subject to section 86-413).

(2)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this chapter.

AGRICULTURAL

Abattoir

Agricultural operation

Brewery, limited

Brewery, major

Distillery, farm

Distillery, major

Winery, farm

Winery, major

RESIDENTIAL

Civic

Emergency shelter

Public assembly

Shelter

Utility service, major

COMMERCIAL

Automobile dealership

Commercial assisted living facility

Commercial indoor sports and recreation

Commercial outdoor entertainment

Commercial outdoor sports and recreation

Construction sales and service

Construction yard

Equipment sales and rental

Farmers market

Halfway house

Kennel, commercial

Mini-warehouse

Restaurant, drive-in

Retail sales of controlled substances

Shooting range, indoor

Short-term rental of dwelling

Special occasion facility

Surplus sales

Transportation terminal

Truck terminal

INDUSTRIAL

Motor vehicle towing services

Warehousing and distribution

MISCELLANEOUS

Outdoor gathering

Solar generation facility, minor scale

Solar generation facility, utility scale

(Res. of 1-18-22(2022-2); Ord. of 10-2-23(2023-7), Att.; Ord. of 1-21-2025(2025-2 meeting); Ord. of 6-2-2025(2025-8) meeting)

(a)

Dwellings in commercial districts are limited to owners of lots or parcels in said districts as well as employees of establishments including night watchmen.

(b)

Such dwelling may be located individually or in the same structure as the main use, subject to county building official approval.

(c)

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

(d)

No mobile or manufactured home shall be permitted as a dwelling unit.

There is no minimum lot area requirement in the light commercial district (C-1) within the growth area overlay district. However, all parcels shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfield), and required stormwater maintenance facilities.

In the light commercial district (C-1) within the growth area overlay district, the setback regulations shall be as provided in section 86-116.

(a)

The minimum lot frontage requirement in the light commercial district (C-1) within the growth area overlay district shall be as provided in section 86-118.

(b)

The minimum lot width in the light commercial (C-1) growth area overlay district shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfields), and required stormwater maintenance facilities.

In the light commercial district (C-1) within the growth area overlay district, the height regulations shall be:

(1)

All permitted structures: 60 feet maximum.

(2)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In the light commercial district (C-1) within the growth area overlay district, the minimum side or rear yard:

(1)

Adjoining a residential or agricultural district shall be 20 feet.

(2)

Adjoining a commercial or industrial district shall be ten feet.

(3)

Agricultural activities passive.

a.

Any permanent, temporary, or mobile agricultural buildings allowed under agricultural activities passive, may not be kept on lots or areas which are closer than 250 feet to any adjacent property line.

(4)

Agricultural operations.

a.

Will be established as part of a conditional use permit process. Yard regulations set as part of a conditional use permit process are recommended to follow the agricultural activities passive yard regulations.

In the light commercial district (C-1) within the growth area overlay district the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-116, "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-116, "setback regulations."

All divisions and/or subdivisions, are subject to the applicable provisions of the light commercial (C-1) zoning district and article III subdivision of this Code.

Additional landscaping, screening and buffering requirements shall comply with section 86-122—Standards for the growth area overlay districts.

Additional architectural development guidelines shall comply with section 86-122—Standards for the growth area overlay districts.

Generally, the general commercial district (C-2) within the growth area overlay district covers that portion of the community intended for the conduct of general business to which the public requires direct and frequent access.

Within any general commercial district (C-2) within the growth area overlay district as indicated on the zoning map, no lot, building or structure shall be erected which is intended or designed to be used, in whole or in part, for other than one or more of the following specified purposes:

AGRICULTURAL

Agricultural activity passive

Brewery, limited

Brewery, major

Distillery, farm

Distillery, major

Forestry

Sawmill, temporary non-commercial

Winery, farm

Winery, major

RESIDENTIAL

Group home

CIVIC

Civic use

Club

Cultural services

Educational facility, college/university

Educational facility, primary/secondary

Emergency shelter

Post office

Public maintenance and service facility

Public park and recreational area

Public recreation assembly

Recycling center

Religious assembly

Utility service, minor

COMMERCIAL

Assisted living facility

Automobile dealership

Automobile parts/supply, retail

Automobile rental/leasing

Automobile repair service

Bed and breakfast

Boardinghouse

Business or trade school

Business support service

Car wash

Cemetery

Commercial indoor amusement

Commercial indoor entertainment

Commercial indoor sports and recreation

Commercial outdoor entertainment

Commercial outdoor sports and recreation

Commercial vehicle repair service

Communications service

Construction sales and service

Consumer repair service

Contractor's offices and shop

Custom manufacturing

Dance hall

Day care

Day care center

Equipment sales and rental

Family day care home

Financial institution

Food truck

Funeral home

Garden center

Gasoline station

General office

Grocery store

Guidance services

Home occupation, class A

Hotel

Itinerate vendor

Laundry

Licensed medical facility

Life care facility

Manufactured home sales

Marina

Medical office

Mini-warehouse

Nursing home

Parking facility

Pawn shop

Personal improvement services

Personal services

Recreational vehicle sales and service

Restaurant

Restaurant, drive-in

School, private

Special occasion facility

Specialty shop

Store, general

Store, neighborhood convenience

Studio, fine arts

Surplus sales

Veterinary hospital/clinic

INDUSTRIAL

Warehousing and distribution

MISCELLANEOUS

Amateur radio tower

Cemetery, private

Solar generation facility, small-scale

(Ord. of 1-7-2025(2025-1 meeting); Ord. of 1-21-2025(2025-2 meeting); Ord. of 6-2-2025(2025-8) meeting)

The following named uses may be permitted in the general commercial (C-2) growth overlay district as accessory to the primary use of the subject property:

(1)

Single-family dwelling, detached (subject to section 86-432).

(2)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this chapter.

The following names uses and such others as are categorically similar may be permitted in the general commercial district (C-2) within the growth area overlay district upon the issuance of a conditional use permit by the board of supervisors:

AGRICULTURAL

Abattoir

Agricultural operation

RESIDENTIAL

Reserved

CIVIC

Public assembly

Shelter

Utility service, major

COMMERCIAL

Commercial assisted living facility

Construction yard

Farmers market

Halfway house

Shooting range, indoor

Short-term rental of dwelling

Retail sales of controlled substances

Transportation terminal

Truck stop

Truck terminal

INDUSTRIAL

Motor vehicle towing services

Railroad facility

Transfer station

MISCELLANEOUS

Outdoor gathering

Solar generation facility, minor scale

Solar generation facility, utility scale

(Res. of 1-18-22(2022-2); Ord. of 10-2-23(2023-7), Att.; Ord. of 6-3-24(2024-7 meeting), Att.; Ord. of 1-21-2025(2025-2 meeting); Ord. of 6-2-2025(2025-8) meeting)

(a)

Dwellings in commercial districts are limited to owners of lots or parcels in said districts as well as employees of establishments including night watchmen.

(b)

Such dwelling may be located individually or in the same structure as the main use, subject to county building official approval.

(c)

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

(d)

No mobile or manufactured home shall be permitted as a dwelling unit.

There is no minimum lot area requirement in the general commercial district (C-2) within the growth area overlay district. However, all parcels shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfield), and required stormwater maintenance facilities.

In the general commercial district (C-2) within the growth area overlay district, the setback regulations shall be as provided in section 86-116 of this chapter.

(a)

The minimum lot frontage requirement in the general commercial district (C-2) within the growth area overlay district shall be as provided in section 86-118.

(b)

The minimum lot width in the general commercial (C-2) growth area overlay district shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfields), and required stormwater maintenance facilities.

In the general commercial district (C-2) within the growth area overlay district, the height regulations shall be:

(1)

All permitted structures: 80 feet, maximum.

(2)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In the general commercial district (C-2) within the growth area overlay district, the minimum side or rear yard:

(1)

Adjoining or adjacent to a residential or agricultural district shall be 50 feet.

(2)

Adjoining or adjacent to a commercial or industrial district shall be ten feet.

(3)

Agricultural activities passive.

a.

Any permanent, temporary, or mobile agricultural buildings allowed under agricultural activities passive, may not be kept on lots or areas which are closer than 250 feet to any adjacent property line.

(4)

Agricultural operations.

a.

Will be established as part of a conditional use permit process. Yard regulations set as part of a conditional use permit process are recommended to follow the agricultural activities passive yard regulations.

In the general commercial district (C-2) within the growth area overlay district the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-116, "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-116, "setback regulations."

All divisions and/or subdivisions, are subject to the applicable provisions of the general commercial (C-2) zoning district and article III, subdivision, of this Code.

Additional landscaping, screening and buffering requirements shall comply with section 86-122—Standards for the growth area overlay districts.

Additional architectural development guidelines shall comply with section 86-122—Standards for the growth area overlay districts.

The primary purpose of the industrial (IND) district within the growth area overlay district is to establish areas where the principal use of land is for light or medium industrial operations, that are capable of controlling external effects and that may not be particularly compatible with residential, institutional and neighborhood commercial service establishments. The specific intent of this district is to:

(1)

Encourage the development of and the continued use of land designated for light or medium industrial purposes; and

(2)

Discourage residential and general commercial use of the land, and to discourage any other use which would substantially interfere with the development, continuation or expansion of heavy commercial and industrial uses in the district; and

(3)

Apply only to properties currently zoned industrial (IND), as of December 12, 2007, and prohibit any additional properties to be reclassified to this industrial (IND) zoning district.

In the industrial district (IND) within the growth area overlay district, any building to be erected or land to be used shall be for one or more of the following uses:

AGRICULTURAL

Agricultural activity passive

Brewery, major

Distillery, major

Forestry

Sawmill, temporary

Sawmill, temporary non-commercial

Winery, major

RESIDENTIAL

CIVIC

Civic use

Emergency shelter

Post office

Public maintenance and service facility

Recycling center

Religious assembly

Utility service, minor

COMMERCIAL

Business or trade school

Communications service

Construction yard

Consumer repair service

Custom manufacturing

Contractor's offices and shop

Equipment sales and rental

Financial institution

Food truck

Funeral home

General office

Guidance services

Itinerate vendor

Licensed medical facility

Medical office

Mini-warehouse

Parking facility

Shooting range, indoor

Transportation terminal

Veterinary hospital/clinic

INDUSTRIAL

Industrial, light

Laboratory

Railroad facility

Research and development

Warehousing and distribution

MISCELLANEOUS

Amateur radio tower

Solar generation facility, small-scale

(Ord. of 1-7-2025(2025-1 meeting); Ord. of 6-2-2025(2025-8) meeting)

The following named uses may be permitted in the industrial (IND) district within the growth area overlay district as accessory to the primary use of the subject property:

(1)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this chapter.

Retail or commercial uses, which involves the sale or trade of products that are manufactured or assembled on site, along with products or services that are directly related to the primary use of the property.

The following named uses may be permitted in the industrial district (IND) within the growth area overlay district upon issuance of a conditional use permit by the board of supervisors:

AGRICULTURE

Abattoir

Agricultural operation

Sawmill, permanent

RESIDENTIAL

CIVIC

Refuse collection site

Shelter

Utility service, major

COMMERCIAL

Construction sales and service

Halfway house

Kennel, commercial

Shooting range, outdoor

Short-term rental of dwelling

Surplus sales

Truck terminal

INDUSTRIAL

Industrial, medium

Motor vehicle towing services

Resource extraction

Salvage and scrap service

Transfer station

MISCELLANEOUS

Aviation facility

Broadcasting or communication tower

Outdoor gatherings

Solar generation facility, minor scale

Solar generation facility, utility scale

(Res. of 1-18-22(2022-2); Ord. of 10-2-23(2023-7), Att.)

There is no minimum lot area requirement in the industrial (IND) district within the growth area overlay district. However, all parcels shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfield), and required stormwater maintenance facilities.

In the industrial district (IND) within the growth area overlay district, the setback regulations shall be as provided in section 86-116.

(a)

The minimum lot frontage requirement in the industrial (IND) district within the growth area overlay district shall be as provided in section 86-118 of this chapter.

(b)

The minimum lot width in the industrial (IND) growth area overlay district shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfields), and required stormwater maintenance facilities.

In the industrial district (IND) within the growth area overlay district, the height regulations shall be:

(1)

Any permitted structures (except for utilities, amateur radio towers, or structures regulated under the telecommunications chapter): 60 feet maximum.

(2)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In the industrial district (IND) within the growth area overlay district, the minimum side or rear yard:

(1)

Adjoining or adjacent to a residential or agricultural district shall be 50 feet.

(2)

Adjoining or adjacent to a commercial or industrial district shall be ten feet.

(3)

Agricultural activities passive.

a.

Any permanent, temporary, or mobile agricultural buildings allowed under agricultural activities passive, may not be kept on lots or areas which are closer than 250 feet to any adjacent property line.

(4)

Agricultural operations.

a.

Will be established as part of a conditional use permit process. Yard regulations set as part of a conditional use permit process are recommended to follow the agricultural activities passive yard regulations.

In the industrial district (IND) within the growth area overlay district the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-116, "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-116, "setback regulations."

All divisions and/or subdivisions, are subject to the applicable provisions of the industrial (IND) zoning district and article III, subdivision, of this code.

Additional landscaping, screening and buffering requirements shall comply with section 86-122—Standards for the growth area overlay districts.

Additional architectural development guidelines shall comply with section 86-122—Standards for the growth area overlay districts.

The primary purpose of the industrial limited (I-1) district within the growth area overlay district is to establish areas where the principal use of land is for light or medium industrial operations, that are capable of controlling external effects and that may not be particularly compatible with residential, institutional and neighborhood commercial service establishments. The specific intent of this district is to:

(1)

Encourage the development of and the continued use of land designated for light or medium industrial purposes; and

(2)

Prohibit residential and general commercial use of the land, and to prohibit any other use which would substantially interfere with the development, continuation or expansion of light or medium industrial uses in the district.

AGRICULTURAL

Agricultural activity passive

Brewery, major

Distillery, major

Forestry

Sawmill, temporary

Sawmill, temporary non-commercial

Winery, major

RESIDENTIAL

CIVIC

Civic use

Emergency shelter

Post office

Public maintenance and service facility

Recycling center

Religious assembly

Utility service, minor

COMMERCIAL

Business or trade school

Communications service

Construction yard

Consumer repair service

Custom manufacturing

Contractor's offices and shop

Equipment sales and rental

Financial institution

Food truck

Funeral home

General office

Guidance services

Itinerate vendor

Licensed medical facility

Medical office

Mini-warehouse

Parking facility

Shooting range, indoor

Transportation terminal

Veterinary hospital/clinic

INDUSTRIAL

Industry, light

Laboratory

Railroad facility

Research and development

Warehousing and distribution

MISCELLANEOUS

Amateur radio tower

Solar generation facility, small-scale

(Ord. of 1-7-2025(2025-1 meeting); Ord. of 6-2-2025(2025-8) meeting)

The following named uses may be permitted in the industrial limited (I-1) district within the growth area overlay district as accessory to the primary use of the subject property:

(1)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this ordinance.

(2)

Retail or commercial uses, which involves the sale or trade of products that are manufactured or assembled on site, along with products or services that are directly related to the primary use of the property.

AGRICULTURAL

Abattoir

Agricultural operation

Sawmill, permanent

RESIDENTIAL

CIVIC

Refuse collection site

Shelter

Utility service, major

COMMERCIAL

Construction sales and service

Halfway house

Kennel, commercial

Shooting range, outdoor

Short-term rental of dwelling

Surplus sales

Truck terminal

INDUSTRIAL

Industrial, medium

Motor vehicle towing services

Resource extraction

Salvage and scrap service

Transfer station

MISCELLANEOUS

Aviation facility

Broadcasting or communication tower

Outdoor gathering

Solar generation facility, minor scale

Solar generation facility, utility scale

(Res. of 1-18-22(2022-2); Ord. of 10-2-23(2023-7), Att.)

There is no minimum lot area requirement in the industrial limited (I-1) district within the growth area overlay district. However, all parcels shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfield), and required stormwater maintenance facilities.

In the industrial limited (I-1) district within the growth area overlay district, the setback regulations shall be as provided in section 86-116.

(a)

The minimum lot frontage requirement in the industrial limited (I-1) district within the growth area overlay district shall be as provided in section 86-118.

(b)

The minimum lot width in the industrial limited (I-1) growth area overlay district shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfields), and required stormwater maintenance facilities.

In the industrial limited (I-1) district within the growth area overlay district, the height regulations shall be:

(1)

Any permitted structures (except for utilities, amateur radio towers, or structures regulated under the telecommunications chapter): 60 feet maximum.

(2)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In industrial limited (I-1) district within the growth area overlay district, the minimum side or rear yard:

(1)

Adjoining or adjacent to a residential or agricultural district shall be 50 feet.

(2)

Adjoining or adjacent to a commercial or industrial district shall be ten feet.

(3)

Agricultural activities passive.

a.

Any permanent, temporary, or mobile agricultural buildings allowed under agricultural activities passive, may not be kept on lots or areas which are closer than 250 feet to any adjacent property line.

(4)

Agricultural operations.

a.

Will be established as part of a conditional use permit process. Yard regulations set as part of a conditional use permit process are recommended to follow the agricultural activities passive yard regulations.

In the industrial limited (I-1) district within the growth area overlay district the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-116, "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-116, "setback regulations."

All divisions and/or subdivisions, are subject to the applicable provisions of the industrial limited (I-1) zoning district and article III, Subdivision, of this Code.

Additional landscaping, screening and buffering requirements shall comply with section 86-122—Standards for the growth area overlay districts.

Additional architectural development guidelines shall comply with section 86-122—Standards for the growth area overlay districts.

The primary purpose of the industrial general (I-2) district within the growth area overlay district is to establish areas where the principal use of land is for medium or heavy industrial operations, that may create some nuisance, and that are not properly associated with, nor compatible with residential, institutional and neighborhood commercial service establishments. The specific intent of this district is to:

(1)

Encourage the development of and the continued use of land designated for medium or heavy industrial purposes; and

(2)

Prohibit residential and general commercial use of the land, and to prohibit any other use, which would substantially interfere with the development, continuation or expansion of medium or heavy industrial uses in the district.

AGRICULTURAL

Agricultural activity passive

Brewery, major

Distillery, major

Forestry

Sawmill, permanent

Sawmill, temporary

Sawmill, temporary non-commercial

Winery, major

RESIDENTIAL

CIVIC

Public maintenance and service facility

Recycling center

Refuse collection site

Religious assembly

Utility service, minor

COMMERCIAL

Construction yard

Custom manufacturing

Contractor's offices and shop

Food truck

Itinerate vendor

Licensed medical facility

Medical office

Transportation terminal

Truck terminal

INDUSTRIAL

Industrial, light

Industrial, medium

Laboratory

Railroad facility

Research and development

Warehousing and distribution

MISCELLANEOUS

Amateur radio tower

Aviation facility

Solar generation facility, small-scale

(Ord. of 1-7-2025(2025-1 meeting); Ord. of 6-2-2025(2025-8) meeting)

The following named uses may be permitted in the industrial general (I-2) district within the growth area overlay district as accessory to the primary use of the subject property:

(1)

Uses and structures, which are customarily accessory and clearly incidental and subordinate to the principal uses and structures on site, and which are not explicitly prohibited by this chapter.

(2)

Retail or commercial uses, which involves the sale or trade of products that are manufactured or assembled on site, along with products or services that are directly related to the primary use of the property.

AGRICULTURAL

Abattoir

Agricultural operation

RESIDENTIAL

CIVIC

Utility service, major

COMMERCIAL

Construction sales and service

Shooting range, indoor

Shooting range, outdoor

Short-term rental of dwelling

Surplus sales

INDUSTRIAL

Industrial, heavy

Motor vehicle towing services

Resource extraction

Salvage and scrap service

Transfer station

MISCELLANEOUS

Broadcasting or communication tower

Solar generation facility, minor scale

Solar generation facility, utility scale

(Res. of 1-18-22(2022-2); Ord. of 10-2-23(2023-7), Att.)

There is no minimum lot area requirement in the industrial general (I-2) district within the growth area overlay district. However, all parcels shall be of sufficient size to accommodate the principal use, required setbacks, parking and landscaping requirements, on-site utilities (well and drainfield), and required stormwater maintenance facilities.

In the industrial general (I-2) district within the growth area overlay district, the setback regulations shall be as provided in section 86-116.

The minimum lot frontage requirement in the industrial general (I-2) district within the growth area overlay district shall be as provided in section 86-118.

In the industrial general (I-2) district within the growth area overlay district, the height regulations shall be:

(1)

Any permitted structures (except for utilities, amateur radio towers, or structures regulated under the telecommunications chapter): 60 feet maximum.

(2)

Conditional use permits are required for buildings or structures exceeding the maximum heights listed in this section.

In industrial general (I-2) district within the growth area overlay district, the minimum side or rear yard:

(1)

Adjoining or adjacent to a residential or agricultural district shall be 100 feet.

(2)

Adjoining or adjacent to a commercial or industrial district shall be ten feet.

(3)

Agricultural activities passive.

a.

Any permanent, temporary, or mobile agricultural buildings allowed under agricultural activities passive, may not be kept on lots or areas which are closer than 250 feet to any adjacent property line.

(4)

Agricultural operations.

a.

Will be established as part of a conditional use permit process. Yard regulations set as part of a conditional use permit process are recommended to follow the agricultural activities passive yard regulations.

In the industrial general (I-2) district within the growth area overlay district the following apply to corner lots and double frontage lots:

(1)

Corner lots. Both sides of a parcel with frontage on two intersecting streets shall comply with section 86-116, "setback regulations."

(2)

Double frontage lots. Both sides of a parcel with frontage on two independent streets shall comply with section 86-116, "setback regulations."

All divisions and/or subdivisions, are subject to the applicable provisions of the industrial general (I-2) zoning district and article III, subdivision, of this Code.

Additional landscaping, screening and buffering requirements shall comply with section 86-122—Standards for the growth area overlay districts.

Additional architectural development guidelines shall comply with section 86-122—Standards for the growth area overlay districts.

This division shall be known and may be cited as the Louisa County Airport Zoning Overlay.

Every unincorporated area of the county shall have one of the 12 specific base zoning districts. In addition, there could be up to eight special overlay districts overlaying the underlying base zoning districts to plan large development areas, and improve the county's growth area with specific requirements. The official zoning map of Louisa County, Virginia contains the specific location and boundaries of all these districts.

Editor's note— Ord. of 1-7-2025(2025-1 meeting), adopted January 7, 2025, repealed § 86-104, which pertained to purpose, intent and exceptions and derived from Res. of 5-17-21(6646), adopted May 17, 2021.

The official zoning map of the county and any subsequent amendments thereto shall be kept on a geographic information system using formatted digital source files, which shall contain all the dimensions, symbols, notations, and designations shown on the map.

(a)

Location. A certified copy of the official zoning map shall be on file with the county circuit court clerk. Copies are also available for public viewing on the county's web site or for review or purchase in the community development department.

(b)

Maintenance. The official zoning map is kept and maintained by the community development department, and is incorporated by reference as part of this chapter. Adopted amendments to the official zoning map and its copies shall note the amendment date, correct zoning classification, and the case number on or near the affected property. The community development department shall also retain all earlier adopted zoning maps or portions thereof.

Zoning district boundaries shown on the official zoning map are fixed by dimensions or otherwise clearly shown, or described, unless where there is uncertainty.

Zoning districts designations and their respective boundaries shall include all unincorporated areas of the county, including all land, water areas, and waterways. Unless district boundary lines are fixed by dimensions, or otherwise clearly shown or described; and where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the official zoning map, the following rules shall apply:

(1)

Where district boundaries are approximate and following or being at right angles to the centerlines of streets, highways, alleys or railroad main tracks, such centerlines or lines at right angles to such centerlines are such boundaries, as the case may be.

(2)

Where a district boundary follows a river, creek or branch or other body of water, such boundary shall follow the centerline at low water or at the limit of jurisdiction, and in the event of change in the shoreline, such boundary shall move with the actual shoreline.

(3)

If no distance, angle, curvature description or other means is available to determine a boundary line accurately and the foregoing provisions do not apply, a determination of the line shall be by the scale shown on the zoning map. In case of a subsequent dispute, a referral to the county board of zoning appeals shall be necessary to determine the boundary.

Uses allowable by-right or by conditional use permit or disallowable within the county's specific zoning districts, are identified within this matrix. A list of uses run down the first column and a list of zoning districts run across the top row. The intersection between the first column and the rows shows the particular uses for a particular zoning district.

B = Allowable by-right
B(R) = Allowable by-right (with restrictions)
C = Conditional use permit
X = Not allowable

*GAOD for short-term rental of a dwelling means all properties zoned residential limited (R-1) and residential general (R-2) located within the boundaries of a designated growth area as shown on the 2040 comprehensive plan.