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.

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.

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

Every building erected, reconstructed, converted, moved or structurally altered after April 21, 1986, shall be located on a lot of record, and except for: institutional or public and semipublic buildings; multiple-family dwellings; condominiums or resort developments under approved site plans; commercial or industrial groups; agricultural buildings and dwellings accessory to a farm, as provided in this chapter. In no case shall there be more than one main building on one lot, unless otherwise specifically provided in this chapter.

Travel trailers, campers, motor homes, tents, camp cabins and the like shall not be used for permanent or full-time dwellings in any district, unless otherwise permitted, whether or not connected to utilities, wells or septic systems. For the purposes of this section, permanent means available for occupancy for 30 consecutive days regardless of actual use.

Manufactured homes, mobile homes and the like, when allowed under the provisions of this ordinance, shall not be used for any purpose other than a primary place of residence.

Whenever there shall be plans in existence, approved by either the Virginia Department of Transportation or by the governing body for the widening of any street or highway, the planning commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.

For only this section GAOD means all properties zoned residential limited (R-1); residential general (R-2); and resort development (RD) located within the boundaries of a designated growth area as shown on the 2040 comprehensive plan. The following are requirements for use in R-1 GAOD; R-2 GAOD; and the RD zoning districts:

(1)

Owners of dwellings used for short-term rental shall provide contact information for the owner and/or any authorized property manager to Louisa County and the dwelling's subdivision governing body, if one exists.

(2)

The owner shall provide the current Louisa County Code chapters relative to noise (51) and solid waste (62) as well as the definitions for special occasion facilities and gatherings as part of short-term rental contracts.

(3)

Owner must notify tenants that events, rentals, special occasion facilities and related uses are prohibited, except with valid conditional use permit according to Louisa County Code.

(4)

Owner must comply with all Virginia Department of Health regulations.

(5)

The dwelling must comply with all applicable state building code and safety regulations.

(6)

Owners unable to meet all of the above requirements shall be prohibited from operating a short-term rental of a dwelling without obtaining a conditional use permit from Louisa County Board of Supervisors.

(7)

A violation under this section shall be enforced as provided in section 86-11 and section 86-11.1.

(8)

The effective date of this Code shall be January 1, 2025.

(Ord. of 10-2-23(2023-7), Att.; Ord. of 6-16-2025(2025-9) meeting)

(a)

Interstate 64: 60 feet from the edge of the right-of-way line.

(b)

U.S. Route 15 and all primary highways: 100 feet from the edge of the right-of- way line (includes Routes 22, 208, 250, 33, 522). All roads shall be deemed to have a right-of-way width of at least 50 feet and setbacks should be measured accordingly from the edge of the right-of-way.

(c)

Reserved.

(d)

Secondary roads: 60 feet from the edge of the right-of-way line. All roads shall be deemed to have a right-of-way width of at least 50 feet and setbacks should be measured accordingly from the edge of the right-of-way.

(e)

Agricultural or residential subdivision streets: 40 feet from the edge of the right-of-way line. All roads shall be deemed to have a right-of-way width of at least 50 feet and setbacks should be measured accordingly from the edge of the right-of-way.

(f)

Commercial or industrial subdivision streets: 40 feet from the edge of the right-of-way line. All roads shall be deemed to have a right-of-way width of at least 50 feet and setbacks should be measured accordingly from the edge of the right-of-way.

(g)

Access easements of ten to 50 feet serving family divisions: Ten feet from the edge of the right-of-way line.

(h)

Access easements serving common areas, utility lots or other non-subdivision related parcels: Ten feet from the edge of the right-of-way line.

(a)

Interstate 64: 60 feet from the edge of the right-of-way line.

(b)

U.S. Route 15 and all primary highways: 50 feet from the edge of the right-of-way line (includes Routes 22, 208, 250, 33, 522). All roads shall be deemed to have a right-of-way width of at least 50 feet and setbacks should be measured accordingly from the edge of the right-of-way.

(c)

Secondary roads: 40 feet from the edge of the right-of-way line. All roads shall be deemed to have a right-of-way width of at least 50 feet and setbacks should be measured accordingly from the edge of the right-of-way.

(d)

Agricultural or residential subdivision streets: 30 feet from the edge of the right- of-way line. All roads shall be deemed to have a right-of-way width of at least 50 feet and setbacks should be measured accordingly from the edge of the right-of-way.

(e)

Commercial or industrial subdivision streets: 40 feet from the edge of the right-of-way line. All roads shall be deemed to have a right-of-way width of at least 50 feet and setbacks should be measured accordingly from the edge of the right-of-way.

(f)

Access easements of ten to 50 feet serving family divisions: 30 feet from the edge of the right-of-way line.

(g)

Access easements serving common areas, utility lots or other non-subdivision related parcels: 30 feet from the edge of the right-of-way line.

(h)

Development within the growth area overlay districts will comply with these setback regulations, however, new or re-development projects that cannot meet these regulation may apply for a special exception, see section 86-68. Special exceptions to this section shall only be considered if development meets the intent and purpose of the growth area overlay district.

(a)

Lake Anna frontage. Property in any zoning district bordering Lake Anna approved or utilized for residential recreation shall be allowed to have a yard for a structure of only five feet from the property line(s) fronting along the water body where a larger side or rear yard is normally required. Access (such as walkways or steps) to the lake or to water dependent facilities may encroach into the five-foot setback, subject to the criteria contained in subsections (1) and (2) below. However, no structure shall encroach upon any designated lake, pool, flood, or erosion control elevation as determined by the owner of the water body or the appropriate state or federal agency and the yard would be established from those designated points, whichever is the most appropriate for lake protection.

(1)

The maximum width for all access facilities shall be five feet.

(2)

This exemption is for the construction of walkways and steps that extend to the shoreline for access to the lake or the water dependent facility only and does not apply to decks, porches, and steps or walkways attached to the dwelling, that do not extend to the lake or the water dependent facility.

(b)

Setbacks, interstate interchange. Structures, existing or proposed to be built, on property located along primary highways in the county that intersect with the interstate highway system shall be exempt from the front yard setback regulations of section 86-115, (1) and (2). The minimum setback for all buildings or structures, including manufactured homes, in all districts shall be 60 feet from the right-of-way line provided that the following conditions are met:

(1)

The primary highway intersection with the interstate highway is an improved interchange in accordance with Virginia Department of Transportation standards;

(2)

The primary highway right-of-way is improved to a four lane or greater configuration with at least 120 feet of width;

(3)

The property is within 1,000 feet of the interstate interchange; and

(4)

The property is located on and has frontage along the improved portion of the primary highway.

The minimum lot frontage in all districts shall be 25 feet, subject to the following:

(1)

Lot frontage is measured at the street or road line; minimum lot width is measured at the building or setback line, which is generally located where the building or structure is to be placed.

(2)

Where the lot is large enough in area to permit re-subdivision at some future time under current regulations, the minimum lot frontage shall be 50 feet.

(3)

Except where the individual district regulations require a larger minimum lot frontage.

(a)

The zoning administrator shall have the authority to grant a waiver for minor exceptions, variations or modifications to the requirements of this chapter, pursuant to Code of Virginia § 15.2-2286 A.(4), and any other specifications that may be provided for elsewhere in this chapter. A minor variation shall be considered a variation of not more than 20 percent from the physical requirements on a lot or parcel of land, or water body, including but not limited to size, height, location or features of or related to any building, structure, or improvement (examples: setbacks, height, and sign size).

(b)

Other than minor variations, waivers may only be granted where specifically provided for in this chapter.

(c)

The zoning administrator or designee may approve a setback projection based on an error during construction as an exception to the regulations otherwise listed in this chapter.

(d)

Certain residential and other property improvements may project into the required yards or setbacks in all zoning districts according to the table below:

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

(a)

Common areas and utility lots within subdivisions and site developments shall be allowed for nonresidential use and restricted to the service of the lots and/or development of which it is part or a public purpose as approved by the county planning commission. Commercial and fee based recreation uses are prohibited. Such lots shall be exempt from the minimum lot size in a zoning district; but shall not be less than 20,000 square feet in the agricultural (A-1 or A-2) or residential (R-1 or R-2) districts or as required by the board of supervisors.

(b)

Structural setbacks shall be as provided for in the zoning district in which said lot is located and appropriate buffering and screening shall be provided with any adjacent residential uses. All such common areas and utility lots shall be subject to site plan review. The site plan, as required by this division, may be submitted with a requested subdivision plat and consolidated into and made a part of said plat, by the planning commission as part of the subdivision review process.

(a)

Wineries; customarily associated uses. Any winery may include, as customarily associated uses:

(1)

The production and harvesting of fruit and other agricultural products and the manufacturing of wine;

(2)

The on-premises sale, tasting, or consumption of wine during regular business hours within the normal course of business of the farm winery;

(3)

The direct sale or wholesale sale and shipment of wine in accordance with Virginia ABC regulations;

(4)

The storage of wine in accordance with applicable law; and

(5)

Sale of wine-related items that are incidental to the sale of wine.

(b)

Breweries; customarily associated uses. Any brewery may include, as customarily associated uses:

(1)

The production and harvesting of barley, other grains, hops, fruit, or other agricultural products and the manufacturing of beer;

(2)

On-premises sale, tasting, or consumption of beer during regular business hours within the normal course of business of the limited brewery;

(3)

Direct sale or wholesale sale and shipment of beer in accordance with Virginia ABC regulations;

(4)

Storage of beer in accordance with applicable law; and

(5)

Sale of beer-related items that are incidental to the sale of beer.

The growth area overlay zoning districts are hereby created to provide additional architectural and site requirements for development and redevelopment in the mixed-use and industrial land use areas identified in the 2040 Comprehensive Plans' future land use map adopted September 3, 2019. Exceptions include the majority of the Ferncliff growth area showing industrial uses and the Louisa growth area showing mixed use and industrial uses. However, parcels 67-30-12, 67-16-1, 67-30-B, 67-30-A, 67-30-16, 67-30-15, 67-30-14, 67-30-13, 67-30-11, 67-30-10, 67-30-9, 67-30-8, 67-30-7, 67-30-6, 67-30-5, 67-30-5A, 67-30-4, 67-30-3, 67-30-2 and 67-30-1 shall remain designated in the Ferncliff Growth Area Overlay District. The additional requirements in these areas will ensure the development or redevelopment that occurs meets the expectations of the citizens of Louisa County by:

(1)

Ensuring adequate buffering, screening and landscaping to help reduce the visual impacts of development;

(2)

Promoting architectural standards that will improve the quality and appearance of development and redevelopment; and

(3)

Encouraging well-planned development that employs consistent site design themes and practices and that provides quality development.

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

District requirements of this section promote high quality and well planned development within the growth area overlay districts. A plan for development and shall incorporate the site design requirements below.

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

Editor's note— Ord. of 1-7-2025(2025-1 meeting), adopted January 7, 2025, renumbered the former § 86-122 as § 86-122B. The historical notation has been retained with the amended provisions for reference purposes.

(a)

Commercial and civic uses; multifamily dwellings:

(1)

Landscaping.

a.

Street trees—Street trees shall be provided and placed along all existing and proposed streets and travel ways in the development. Trees shall be a large shade tree or evergreen with a minimum two-inch caliper at the time of planting. Trees shall be planted in an even row adjacent to the right-of-way at a maximum distance of 35 feet on center. Where spacing allowances may be made to accommodate infrastructure elements.

b.

Ornamental and shade trees—No less than one ornamental or shade tree will be placed in groupings around the site for every 2,500 square feet of the development area.

c.

Parking lot trees—Such trees shall be provided and placed in elevated landscaped medians or islands throughout the parking facility. Medians or islands shall be no smaller than nine feet by 18 feet in size. One such median or island is required for every 20 spaces of required parking. Each median or island is required to have one tree which meets the type and size requirements of street trees.

d.

Shrubs—No less than eight shrubs shall be required for every required tree. Such shrubs shall be provided and dispersed throughout the site with a heavier concentration along primary roads, secondary roads, entrances and landscaped medians or islands. Shrubs shall be a low growing variety and will not interfere with VDOT site distance requirements. The purpose of shrubs provide additional planting in the vacant areas between trees and other features to improve the appearance of the overall development. Shrubs shall be place in groupings around the site according to best landscaping practices and approval by the zoning administrator.

e.

Maintenance—Maintenance of required landscaping is the responsibility of the property owner in perpetuity.

(2)

Screening.

a.

All dumpsters, loading areas and utilities shall be screened from view of the street and from view of adjacent properties by one or a combination of the following methods:

1.

Landscaping in addition to the requirements above,

2.

Opaque fencing designed to blend into the structure and landscaping,

3.

Extension of the building structure.

(3)

Landscaping, buffering, and screening requirements may be waived or altered by the zoning administrator provided the project meets the intent of the requirements. Waivers and alterations can be applied for one of the following reasons:

a.

Required buffering and screening of the proposed development from a public road or adjacent properties may be waived or altered if the proposed development is adequately screened from the public road or adjacent properties by existing natural forested buffer that is to be maintained. Maintenance of the existing vegetation will become a condition of final site plan approval. A natural, forested buffer for the purposes of this section is an indigenous, undisturbed, riparian forest with ground cover, shrub, and tree canopy layers. Vegetation that dies or becomes diseased may be removed, after notification to the zoning administrator, and submittal and approval of a new plan complying with the requirements of this ordinance.

b.

Required buffering and screening of the proposed development may be waived or altered if located within an existing developed project where the proposed new development is located towards the "inside" of the existing development area, and is screened from the public road or adjacent properties by a combination of existing structures, parking areas, existing vegetation, and/or other unique features specific to the site.

c.

Such waivers and alterations may not conflict with the purpose of the requirements.

(b)

Industrial uses:

(1)

Buffering and screening.

a.

Industrial uses shall be shielded from primary roads, secondary roads and adjacent properties by the use of buffers and screening. The buffering and screening area shall be no less than 100 feet. The width of the buffering and screening area may be increased by the zoning administrator based in the intensity of the use or the height of structures within the site. Buffering and screening may be accomplished with one or any combination of the following methods provided the purpose of this section is met:

1.

Landscaped berms.

2.

Landscaping.

3.

Existing trees.

4.

New plantings that must be a minimum of five feet in height at the time of planting.

b.

Maintenance of required buffering and screening is the responsibility of the property owner in perpetuity.

c.

Buffering and screening requirements may be waived or altered by the zoning administrator provided the project meets the intent of the requirements. Waivers and alterations can be applied for one of the following reasons:

1.

Required buffering and screening of the structures from a public road may be waived or altered if the road(s) only serve a planned industrial development where all uses are from an industrial use group.

2.

Required buffering and screening of the structures from an adjacent properties may be waived or altered if the adjacent properties are part of a planned industrial development where all uses are from an industrial use group.

3.

Any waivers or alterations to requirements above do not exempt screening and buffering for non-exempt areas of the property. Such waivers and alterations may not conflict with the purpose of the requirements.

(Ord. of 9-3-24(2024-13 meeting), Att.)

Requirements of this section create and promote high quality and well-planned development within the growth area overlay districts. Residential single-family dwellings not constructed as part of a planned unit development (PUD) are exempt from these requirements. A plan for development shall incorporate the site and building design requirements below:

(1)

Lighting. In order to preserve the rural character of the county all exterior lights for commercial, industrial, multifamily uses, subdivision common areas, subdivision streetlights, and public utility pole lights shall be Dark-Sky compliant. Existing lighting once replaced or upgraded will be required to be Dark-Sky compliant. Single family residential uses shall be excluded from this requirement. If lake structures utilize light fixtures, the following standards are required:

a.

Lights should have initial output less than 2,000 lumens (equivalent to 120-watt incandescent bulbs) or should be fitted with opaque shields to prevent direct visibility of the lamp to persons more than 50 feet beyond the structure.

b.

Light specifications should meet International Dark-Sky Association (IDA) standards for either landscape or wall-mount style fixtures, or equivalent. Landscape fixtures should be under 2,000 lumens and partially shielded. Wall-mount fixtures should be fully shielded.

c.

Solar lighting is encouraged.

(2)

Building variety. Monotony shall be avoided through the uses of a variety of building styles, floor plans, widths, mass, setbacks, roof types, heights and slopes, entry details, height, trim detailing, porches, fenestration, materials and color.

(3)

Building materials. Colors for the facades and front of buildings should blend into the surrounding environment by use of a natural earth tone pallet and natural materials. Building features should be broken up to prevent repetitive common form. Large expanses of walls and roof surfaces shall be broken up with architectural elements such as:

•

Steps in the building walls,

•

Façade step-backs,

•

Window detailing,

•

Roof pitch,

•

Eave breaks,

•

Variation in siding material.

When building several similar buildings along the same frontage or in a group, variations in the facade shall be required in order to provide distinction between buildings. These variations shall include different doorways, roofs, porches, trim details, and wall materials.

(4)

Building visuals. The following is a list of minimum building design requirements that the zoning administrator (ZA) shall use when reviewing and considering proposed buildings and their approval. The following is a list of minimum building design requirements to promote quality rural development that the zoning administrator (ZA) shall use when reviewing and considering proposed buildings and their approval:

a.

Three hundred and sixty degree architecture is generally required unless offering a better option. Treat all sides of all buildings with the same architectural style, use of materials, and details as the front elevation of the building, as determined by the ZA.

b.

The use of brick, stone and/or stucco as primary materials is required unless a better option exists as determined by the ZA.

c.

Quality finish materials can be used in conjunction with primary materials to provide additional building character. These secondary materials should be used to add character and highlight particular elements of the building or the occupying businesses' brand. Such materials are permitted but shall be limited, not to supersede the primary materials and the overall quality of the development. Permitted materials included integrally tinted textured masonry block, pre-cast concrete, tilt-up concrete panels with brick or stone facing, glass, stucco and external insulation finish system that simulates a stucco appearance, fiber-cement siding, structural metal siding, wood siding and smooth faced concrete blocks.

d.

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

(5)

Building variety industrial. Building materials and colors for the facades and front of buildings should blend into the surrounding environment by use of a natural earth tone pallet and natural materials. Outside storage is to be screened from adjacent parcels or roads. Internal boulevard streets are encouraged that promote a rural sense of place.

(6)

The board of supervisors will consider modifications to any of the above site design and architectural guideline elements when requested by the applicant, after review by the zoning administrator. Such requests come before the board during the next available regularly scheduled meeting.

(Ord. of 5-6-24(2024-4), Att.)

(a)

An applicant may request, in writing, specific modifications to the standards and requirements above.

(b)

Such request shall include justification for all proposed modifications due to the unique characteristics of the specific property, the activity proposed, or buildings or structures, and how the modifications will promote the purpose and intent of the growth area overlay district requirements.

(c)

All modification shall demonstrate that the alternative proposal fulfills or exceeds the intent and purpose of the standards or requirements being modified and the comprehensive plan.

(d)

The board of county supervisors may approve or disapprove by resolution such request, in whole or in part.

(e)

The depiction of a modification upon plans or required by this section shall not of itself authorize such waiver or modification.

(a)

This article is adopted pursuant to the authority conferred by Code of Virginia, §§ 5.1-31 and 15.2-2294.

(b)

It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Louisa County Airport and Lake Anna Airport and property or occupants of land in their vicinity. That an obstruction may affect existing and future instrument approach minimums of the airports. In addition, an obstruction may reduce the size of areas available for landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the airports and the public investment therein. Accordingly, it is declared that:

(1)

The creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by the airports;

(2)

It is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and

(3)

The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

(c)

It is further declared that the prevention of the creation or establishment of hazards to air navigation; the elimination, removal, alteration or mitigation of hazards to air navigation; or the marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.

In order to carry out the provisions of this article, there are hereby created and established certain zones, which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Louisa County Airport and the Lake Anna Airport. Such zones for the Louisa County Airport are shown on the Louisa County Airport Zoning Map, consisting of one sheet, prepared by CH2M HILL and dated August 9, 1984, and for the Lake Anna Airport on the Lake Anna Airport Zoning Map prepared by Dewitt Freeman and dated June 27,2005.

Those sheets which are hereby incorporated in and made a part of this division. Those airport maps are available in the community development department. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

(1)

Utility runway nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(2)

Precision instrument runway approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(3)

Transitional zones. The transitional zones are the areas beneath the transitional surfaces.

(4)

Horizontal zone. The horizontal zone is established by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

(5)

Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

Except as otherwise provided in this article, no structure shall be erected, altered or maintained and no tree shall be allowed to grow in any zone created by this article to a height in excess of the applicable height limit established in this article for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

(1)

Utility runway nonprecision instrument approach zone. Slopes 20 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(2)

Instrument runway approach zone. Slopes 50 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence, slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

(3)

Transitional zones. Slopes seven feet outward for each foot upward, beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation, which is 483 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward, beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward, beginning at the sides of and at the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.

(4)

Horizontal zone. Established at 150 feet above the airport elevation or at a height of 633 feet above mean sea level.

(5)

Conical zone. Slopes 20 feet outward for each foot upward, beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 150 feet above the airport elevation.

Notwithstanding any other provisions of this article, no use may be made of land or water within any zone established by this article in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

(a)

Regulations not retroactive. The regulations prescribed by this article shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to such regulations as of the effective date of this article or otherwise interfere with the continuance of nonconforming uses. Nothing contained in this article shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this article and which is diligently prosecuted.

(b)

Marking and lighting. Notwithstanding the provisions of subsection (a) of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the industrial development authority of the county to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the industrial development authority.

(a)

Permits—Future uses. Except as specifically provided in subsections (a), (b) and (c) of this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created, unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations prescribed in this article. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this article shall be granted, unless a variance has been approved in accordance with subsection (d) of this section.

(1)

In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

(2)

In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

(3)

In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration of any structure or growth of any tree in excess of any of the height limits established by this article.

(b)

Same—Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this article, or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

(c)

Same—Nonconforming uses abandoned or destroyed. Whenever the director of community development of the county determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

(d)

Variances. Any person desiring to erect or increase the height of any structure, permit the growth of any tree or use property not in accordance with the regulations prescribed in this article, may apply to the board of zoning appeals for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice and will be in accordance with the spirit of this article. Additionally, no application for variance to the requirements of this article may be considered by the board of zoning appeals unless a copy of the application has been furnished to the director of community development of the county for advice as to the aeronautical effects of the variance. If the director of community development of the county does not respond to the application within 15 days after receipt, the board of zoning appeals may act on its own to grant or deny such application.

(e)

Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purposes of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the board of zoning appeals, this condition may be modified to require the owner to permit the industrial development authority of the county, at its own expense, to install, operate and maintain the necessary markings and lights.

It shall be the duty of the zoning administrator to administer and enforce the regulations prescribed in this article. Application for permits and variances shall be made to the zoning administrator upon a form published for that purpose. Applications required by this article to be submitted to the zoning administrator shall be promptly considered and granted or denied. Application for action by the board of zoning appeals shall be forthwith transmitted by the zoning administrator.

An appeal to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the county affected by any decision of the zoning administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this article or any ordinance adopted pursuant thereto. Such appeal shall be taken within 30 days after the decision appealed from by filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown.

State Law reference— Similar provisions, Code of Virginia, § 15.1-496.1.

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

State Law reference— Similar provisions, Code of Virginia, § 15.1-496.2.

Any person aggrieved or any taxpayer affected by any decision of the board of zoning appeals may appeal to the circuit court of the county, as provided in section 86-305.

Each violation of this article, or of any regulation, order or ruling promulgated under this article, shall constitute a misdemeanor and shall be punishable by a fine of not less than $10.00 nor more than $1,000.00. Each day a violation continues to exist shall constitute a separate offense.

Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees and the use of land or any other matter, the more stringent limitation or requirement shall govern and prevail.