This article contains additional standards necessary to ensure quality and safe site development improvements for commercial projects including site plans, solar generation facilities, off-street parking, Lake Anna shoreline use and design standards, and telecommunication regulations.

(a)

Purpose. The purpose of this division is to recognize the mutual responsibility between the county and the developer to develop land in an orderly manner and to ensure that development is efficient, harmonious with neighboring property, and in accord with the adopted comprehensive plan for the county. This division also encourages innovative and creative development design, and the highest land development standards in the county.

This division also recognizes the importance of existing small businesses in the community and the critical role they play in strengthening the local economy. In order to encourage small business retention and expansion efforts, these site plan regulations address exceptions, change of occupancies, and the different scope of development, or redevelopment projects based on their respective amount of land disturbance or the numbers of new improved parking spaces being created.

(b)

Types and when required. Either an administrative, minor, or major site development plan (site plan) shall be required for any construction, or a conditional use if required as a specific condition in all zoning districts.

(c)

Exceptions. No site plan shall be required for the following:

(1)

The construction of any single-family detached or two-family attached dwelling units and accessory structures located upon a tract or parcel of land whereon there is located or proposed to be located one of such units.

(2)

Tenant buildout projects involving county approved site plans.

(3)

Change of occupancies within the same zoning use group.

(4)

Any agricultural activity.

(5)

The expansion of a lawfully existing use, building or site improvements, except where the sale of gasoline is involved; provided that:

a.

The expansion is less than 10,000 square feet or involves five or fewer new improved parking spaces; and

b.

There is no change to existing ingress/egress location(s); and

c.

There will be no additional stormwater runoff discharged into the VDOT rights-of-way.

(6)

Temporary uses and structures such as parking or vacant lots or tents for seasonal events are also exempt from the site plan requirements, however, seven days before such an event takes place the submittal of a scalable sketch plan (obtainable from the county's GIS mapping tool) is required showing the information as follows:

a.

Approximate location, size and height of buildings.

b.

Building and property lines setbacks.

c.

Street, driveway, and general parking area layout.

d.

Exterior lighting, if any.

(7)

Uses exempt from the site plan requirements of this division pursuant to section 86-665 of this Code.

(a)

When required. Projects involving the first development of buildings or site improvements, excluding expansions in accordance with subsect 86-625(c)(5), when the total land disturbance is less than 10,000 square feet or involves the construction of five or less new improved parking spaces, requires the approval of an administrative site plan.

(b)

Applications and procedures. An application and a submittal checklist is available from the department of community development or on the county's website. A suitable submittal includes a fee, an application, and three clearly legible, scalable plan drawing sets using blue or black line ink and a PDF copy. Such information shall go to the zoning administrator or designee for review and approval or disapproval within ten working days. Resubmits are required of all disapproved submittals until approved. Administrative site plans conforming to these required criteria are exempt from external agency review or approval processes.

(c)

Drawings. A specified engineer's scale either using a previous property survey or drawn on the most-current plat/survey available of the property filed in the county circuit court or using the county's GIS mapping tool may be used. If modifying or drawing on a plat previously prepared by a Virginia licensed or certified professional then redact the preparer's licensure information. A Virginia licensed or certified professional may also prepare such drawings. Administrative site plans shall include the following elements unless they are not applicable to the project:

(1)

All property lines and their courses and measurements, unless fewer property lines are necessary to establish required building setbacks or separation distances or to determine new site improvement locations.

(2)

The tax map parcel number, acreage of the lot, scale, and north arrow;

(3)

All public and private rights-of-way (including easements), their name(s), and the width of said rights-of-way.

(4)

The proposed setbacks from property lines for all proposed buildings and structures on the lot;

(5)

Existing and proposed driveways, travel ways, parking areas and other areas with existing or proposed landscaping, and ADA parking and accessible routes;

(6)

Compliance with any proffers, variances, and/or county-imposed conditions.

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

(a)

When required. Proposals to construct or expand new buildings or site improvements, and the total land disturbance equals or exceeds 10,000 square feet but less than 43,560 square feet (one acre), or involves six or less than 30 new improved parking spaces, requires approval of a minor site plan.

(b)

Applications. An application and a submittal checklist is available from the department of community development or on the county's website. A suitable submittal includes a fee, an application, and seven clearly legible and scalable, blue or black line, folded copies and one PDF copy of the site plan drawings. If there is a previously approved, valid, preliminary site plan for the site, submit a fee and an application along with seven clearly legible and saleable, folded blue or black line copies and one PDF copy. The site plan shall comply with the requirements of these regulations as to format and submission and be accompanied by such other written and graphic material as may be necessary to clarify the proposed development and aid in the decision process.

(c)

Drawings. Preparation and the sealing of minor site plans are the responsibility of either an architect, professional engineer, land surveyor or landscape architect, licensed to practice in the State of Virginia. Exceptions are allowable per Code of Virginia §§ 54.1-401 or 54.1-402. The required site plan drawings shall include the following elements unless waived as not applicable to the project:

(1)

Submit all waiver requests with the plan drawings clearly stating each request and justification.

(2)

The scale of site plan drawing necessary for projects shall be as follows:

a.

Not more than 200 feet to one inch for projects containing more than 100 acres.

b.

Not more than 100 feet to one inch for projects containing more than five to 100 acres.

c.

Not more than 50 feet to one inch for projects containing five or fewer acres.

(3)

The drawing may be prepared on one or more sheets. If prepared on more than one sheet, include match lines to indicate where the sheets join.

(4)

The drawing shall contain the following information:

a.

The name of the development; name of the owner, developer and individual who prepared the plan; tax map and parcel number; zoning; magisterial district; voting district; county and state; north point; scale; and topography and survey sources. Also include the sheet number and total number of sheets; date of drawing; date and description of latest revision; minimum setback lines; and boundary dimensions.

b.

Proposed uses and structures and maximum heights; schedule of parking including minimum amount required and amount provided, and number of dwelling units by type.

c.

Existing topography, maximum five-foot contours for the area under construction unless a waiver is approved by the zoning administrator or designee.

d.

Location of all proposed easements, streets, buildings or waterways.

e.

Location and dimensions of proposed streets, right-of-way lines and widths, center line radii and pavement width, alleys, driveways, curb cuts, entrances and exits, and loading areas.

f.

If applicable, an erosion and sediment control plan as required by chapter 38, article II of this Code.

g.

Location of proposed water and sanitary sewer facilities, including: all pipe sizes, types and grades; proposed connections to existing or proposed central systems.

h.

Location and dimensions of all proposed improvements including: buildings (maximum footprint and height) and other structures; walkways; fences; walls; outdoor lighting; area landscape plan (as provided for in subsection 86-448(f) and open space Also show proposed parking lots and other paved areas; loading and service areas together with the proposed paving material types for all walks, parking lots and driveways. For all parking and loading areas, indicate: size; angle of stalls; width of aisles and number of ADA parking and accessible routes, and type of surfacing material.

i.

Show all proposed public use dedication or reserve areas.

j.

A legend showing all symbols and abbreviations used on the plan.

k.

Signature panels for community development department, county water authority, county building and emergency services officials, VDH and VDOT.

l.

The zoning administrator or designee may require additional information on the plan as deemed necessary in order to provide sufficient information for the staff and/or commission to adequately review a plan.

(d)

Procedures. Submit minor site plan applications to the zoning administrator or designee for processing.

(1)

Within ten working days the zoning administrator or designee shall make a determination if the submittal is a complete application for conducting a minor site plan review. If complete the plan, as appropriate, shall be forwarded for review and comment to the Louisa County Erosion and Sediment Control Administrator, the Virginia Health Department, the Virginia Department of Transportation, the Louisa County Water Authority, and county building and emergency services officials.

(2)

The zoning administrator or designee shall review and either accept or reject site plan applications within 30 working days of the complete site plan application date, or within 35 days after receipt of comments from applicable state agencies, whichever is later. Rejected and subsequently revised site plans shall undergo an additional review and accepted or rejected within 45 days, or within 35 days after receipt of state agency comments, whichever is later.

(3)

The zoning administrator or designee shall examine minor site plans and review such plans for traffic patterns both internal and external, and their relation to roads, utilities, parking, landscaping, drainage, and existing and proposed community facilities.

(4)

Surety shall be filed with the county in a sum sufficient to ensure completion of required infrastructure and improvements as imposed by the zoning administrator or designee. Such surety may be in the form of a surety bond, letter of credit or cash escrow.

(5)

Nothing in this section shall be interpreted to permit a grant of a variance or exception to the regulations of this article or to abridge the procedures or requirements of the laws and ordinances governing the subdivision of land.

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

(a)

When required. Proposals to construct new buildings or site improvements and the total land disturbance equals or exceeds 43,560 square feet, or involves 30 or more new improved parking spaces, require approval of a major site plan.

(b)

Applications. A suitable submittal includes a fee, an application, and legible, scalable plan drawing sets. Submit seven clearly legible and scalable, blue or black line, folded copies and one PDF copy of the site plan drawings. Such information shall go to the zoning administrator or designee for review and approval or disapproval within ten working days. If there is a previously approved, valid, preliminary site plan for the site, submit a fee and an application along with seven clearly legible and saleable, folded blue or black line copies and one PDF copy. The site plan shall comply with the requirements of these regulations as to format and submission and be accompanied by such other written and graphic material as may be necessary to clarify the proposed development and aid in the decision process.

(c)

Drawings. Major site plan drawings shall be prepared and sealed by an architect, professional engineer, land surveyor, or landscape architect, possessing a license to practice in the state of Virginia. Exceptions are allowable per Code of Virginia, §§ 54.1-401 or 54.1-402.

(1)

The scale of site plan drawing necessary for projects shall be as follows:

a.

Not more than 200 feet to one inch for projects containing more than 100 acres.

b.

Not more than 100 feet to one inch for projects containing more than five to 100 acres.

c.

Not more than 50 feet to one inch for projects containing five or fewer acres.

d.

The plan may be prepared on one or more sheets. If prepared on more than one sheet, match lines shall clearly indicate where the several sheets join.

(2)

The drawing shall contain the following information:

a.

Waiver requests with the plan drawings clearly stating each request and justification.

b.

The name of the development; name of the owner, developer and individual who prepared the plan; tax map and parcel number; zoning; together with a listing and description of any variances, zoning proffers and CUP conditions applicable to the site; magisterial district; voting district; county and state; north point; and scale. Provide one datum reference for elevation (where chapter 38, article VI - floodplains is involved, United States Geological Survey vertical datum shall be shown and/or correlated to plan topography); the topography and survey sources based on the Virginia State Plane Coordinate System-South Zone. Include date of drawing; date and description of latest revision; present use and zoning of adjacent parcels; departing lot lines; and minimum setback lines.

c.

Proposed uses and maximum acreage occupied by each use; maximum number of dwelling units by type; gross residential density; square footage of recreation area, percent and acreage of open space. Also show the maximum square footage for commercial and industrial uses; maximum number of employees; maximum floor area ratio and lot coverage if industrial; maximum height of all structures; schedule of parking including minimum amount required and amount provided; and maximum amount of impervious cover on the site.

d.

If phasing development show phase lines and timing of development.

e.

Existing site topography maximum five-foot contours. Proposed grading (maximum two-foot contours), unless waived by the zoning administrator for good cause.

f.

The name and location of all watercourses and other bodies of water on the site. Indicate if the site is located within a reservoir watershed.

g.

Location of septic setback lines from watercourses including intermittent streams and other bodies of water.

h.

One hundred-year floodplain limits as shown on the official flood insurance maps for the county.

i.

The general location of all existing and proposed easements, existing streets, buildings or waterways, major tree masses and other existing physical features in the project.

j.

Proposed changes in zoning, if any.

k.

The location and character of construction of proposed streets, right-of-way lines and widths, center line radii and pavement width, alleys, driveways, curb cuts, entrances and exits, and loading areas.

l.

Proposed location and character of nonresidential uses, commercial or industrial uses, accessory or main.

m.

If applicable, an erosion and sediment control plan as required by chapter 38, article II of this Code.

n.

A tabulation of total number of acres in the project, gross or net, as required in the district regulations, and the percentage thereof proposed to be devoted to the several dwelling types, commercial uses and other nonresidential uses, off street parking, streets, parks, schools and other reservations.

o.

A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre, gross or net, as required by the district regulations.

p.

Detailed plans for proposed water and sanitary sewer facilities, including: all pipe sizes, types and grades; proposed connections to existing or proposed central systems; location and dimensions of proposed utility easements and whether the same are to be publicly or privately maintained Also include profiles and cross sections of all water and sewer lines including clearance where lines cross; all water main locations and sizes; valves and fire hydrant locations; all sanitary sewer appurtenances by type and number; the station on the plan to conform to the station shown on the profile and indicate the top and invert elevation of each structure.

q.

Reserved.

r.

Location and dimensions of all existing and proposed improvements including: buildings (maximum footprint and height) and other structures; walkways; fences; walls; trash containers; outdoor lighting; landscaped areas (as provided for in section 86-648) and open space. Also show recreational areas and facilities; parking lots and other paved areas; loading and service areas together with the proposed paving material types for all walks, parking lots and driveways For all parking and loading areas, indicate: size; angle of stalls; width of aisles and specific number of spaces required and provided, type of surfacing material, ADA parking and accessible routes.

s.

All areas intended to be dedicated or reserved for public use.

t.

Where deemed appropriate by the zoning administrator or designee due to intensity of development, estimated traffic generation figures for the site based upon current VDOT and transportation rates for residential land uses, and the federal highway administration publication development and application of trip generation rates for all other land uses. Indicate the estimated vehicles per day and direction of travel for all connections to a public road.

u.

Staff may require additional information shown on the plan as deemed necessary in order to provide sufficient information for the staff and/or commission to review a plan.

v.

Reserved.

w.

Provision for sidewalks or walkways to enable pedestrians to walk between buildings on the site and from the site to adjacent sites that have complementary uses. These facilities shall be accessible to people with mobility impairments, including curb ramps that comply with VDOT's road standards.

x.

A legend showing all symbols and abbreviations used on the plan.

y.

Signature panels for department of planning and zoning, county water authority, county building and emergency services officials, VDH and VDOT, if applicable.

(d)

Procedures. Submit major site plan applications to the zoning administrator or designee for processing.

(1)

Within ten working days the zoning administrator or designee shall determine if the submittal is a complete application for conducting a major site plan review. If it is complete the plan, as appropriate, shall be forwarded for review and comment as applicable to the Louisa County Erosion and Sediment Control Administrator, the Virginia Health Department, the Virginia Department of Transportation, the Louisa County Water Authority, and county building and emergency services officials.

(2)

The zoning administrator shall review and either accept or reject site plan applications within 30 working days of the complete site plan application date, or within 35 days after receipt of comments from applicable state agencies, whichever is later. Rejected and subsequently revised site plans shall undergo another review and accepted or rejected within 45 days, or within 35 days after receipt of state agency comments, whichever is later.

(3)

The zoning administrator or designee shall examine major site plans and review such plans for traffic patterns both internal and external, and their relation to roads, utilities, parking, landscaping, drainage, and existing and proposed community facilities. Similar examinations will include surrounding existing and proposed development, tree preservation, historic sites, open space, with the objective of insuring a durable, harmonious, and appropriate use of the land in accord with the objectives of the comprehensive plan.

(4)

Surety shall be filed with the county in a sum sufficient to ensure completion of requirements as may be imposed by the zoning administrator or designee for infrastructure and improvements. Such surety may be in the form of a surety bond, letter of credit or cash escrow.

(5)

Nothing in this section shall be interpreted to permit a grant of a variance or exception to the regulations of this article or to abridge the procedures or requirements of the laws and ordinances governing the subdivision of land.

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

If an applicant submits a site plan that does not provide enough information for full approval, they may seek preliminary approval. Such approval shall mean progress was made toward site plan approval. For preliminary approval, the applicant shall satisfy all requirements of section 86-628, except conceptual plans for water and sanitary sewer facilities may substitute for detailed plans, and approved erosion and sediment control and road plans are not required. Once a site plan has preliminary approval, only an administrative review is necessary for final site plan approval.

In some cases, it may become necessary to amend approved minor or major site plans. For minor technical changes or changes having a limited effect on the site and adjoining sites, the zoning administrator or designee may approve or deny the amendment without charging a fee. For major changes having a significant effect on the site or adjoining sites or significant increases or decreases in the amount of area covered by the site plan, such changes shall require a review fee, a new application, and seven completely revised sets of plan drawings and a PDF copy prepared like the original drawings.

(a)

Rooftop facilities do not require zoning applications but do require building permits and inspections.

(b)

Ground mounted facilities require zoning applications and building permits and inspections. Such facilities are permittable as an accessory use in agricultural and residential zoning districts when meeting the requirements of this section as practical.

(1)

An application for a ground mounted small-scale solar generation facility considered an accessory use shall include the following information:

a.

Compliance with generally accepted national environmental protection and product safety standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) projects, such as those developed for existing product certifications and standards including the National Sanitation Foundation/American National Standards Institute No. 457, International Electro technical Commission No. 61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No. 61730-2.a.

b.

Site and elevation drawing. A drawing to scale illustrating the location of the principal building, accessory structures, and proposed ground location of solar panels including elevations showing the height and orientation of ground mounted components, setbacks/yards and existing or planned vegetative buffering or screening.

c.

Setbacks. The ground mounted components shall be setback at least 30 feet from all from adjacent property lines, 100 feet from abutting public rights-of-way, and behind a principle building.

d.

Heights. Heights of ground mounted collectors and mounts shall not exceed 12 feet in height when oriented to maximum tilt.

e.

Buffers. Ground mounted components shall be buffered from view by using one of the following options:

1.

The zoning administrator shall make a determination regarding buffering requirements for solar panel projects on a case by case basis by considering the size of the parcel, its topography, distance from neighbors, adequacy of existing mature vegetation, and any planned evergreen plantings. Which buffer, if any required, plantings shall consist in a single row at 12-foot centers and have a minimum height of three feet when installed.

2.

Maintenance of required buffers shall continue until the facility ceases its operation and removal of all equipment occurs.

(Res. of 3-7-22(2022-4); Ord. of 8-1-22(2022-13), Att.)

(a)

Performance requirements. Applications shall comply with the following criteria:

(1)

Project liaison. The operator shall designate at least one public liaison, publicize a toll-free phone number, email address for communication with the liaison during construction, and post it on a temporary sign at each access. The operator shall at a minimum, publish this information on the operator's website and provide county staff with the same information for publication on the county's website and other social media. The liaison shall act as a point of contact between citizens and construction crews. The liaison shall be available in person and by phone during active construction hours and shall respond to any questions related to the facility or property within 24 hours. The liaison role shall commence at the initial pre-construction meeting. The public liaison shall prepare a monthly report detailing any complaints, complaint date, resolution, and resolution date of any inquires. A copy of the report shall go to the zoning administrator on the first business day of each month throughout the construction period and an additional six months following issuance of the final occupancy permit or equivalent from the county for the facility.

(2)

Independent engineer. The applicant shall pay an independent engineer, licensed by the commonwealth, to check construction progress weekly and ensure construction is proceeding in accordance with the terms of the CUP. The engineer will resolve any construction problems by mutual agreement between the applicant, engineer and county staff. The board of supervisors will decide any unresolved disputes. Construction activity may halt during the time it takes to bring the issue to the board for resolution.

(3).

Construction bond. The applicant shall post a bond with the county sufficient to ensure compliance with the construction requirements of the CUP as determined by staff. The bond must be posted at the time the building permit is issued or the site plan is approved, and shall be released upon completion of construction upon certification by the independent engineer or the zoning administrator the construction has been built in compliance with the CUP.

(4)

Erosion and sediment control. Site clearing shall not exceed 100 acres for each phase of development. Sediment control features shall receive county approval on each phase by phase basis before beginning any land disturbance or construction activities. Applicants to obtain a written report from either an independent engineer or the zoning administrator determining the stabilization of each phase of construction. Once this determination is made another phase of land disturbance activities can begin.

(5)

Visual impacts. The applicant shall demonstrate through project siting and proposed mitigation, if necessary, that the solar project minimizes impacts on view sheds, including from residential areas and areas of scenic, historical, cultural, archeological, and recreational significance. The facility shall utilize only panels that employ anti-glare technology, anti-reflective coatings, and other available mitigation techniques, all that meet or exceed industry standards, to reduce glint and glare. The applicant shall provide written certification from a qualified expert acceptable to the county that the facility's panels incorporate and utilize anti-glare technology and anti-reflective coatings, reduce glint, and glare to levels that meet or exceed industry standards.

(6)

National standards. Projects shall comply with generally accepted national environmental protection and product safety standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) projects. Such existing product certifications and standards include the National Sanitation Foundation/American National Standards Institute No. 457, International Electro Technical Commission No. 61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No. 61730-2. A site development plan shall reference the specific safety and environmental standards met.

(7)

Setbacks. The project area shall be set back a distance of at least 300 feet from all abutting public rights-of-way and main buildings on adjoining parcels, and from adjacent property lines. Exceptions to this distance are possible for adjoining parcels owned or leased by the applicant. Increased setbacks over 300 feet and additional buffering may be included in the conditions for a particular permit. Access, erosion and stormwater structures, and interconnection to the electrical grid is allowable through setback areas if such are generally perpendicular to the property line or underground.

(8)

Security fencing. Such fencing shall enclose the project area not less than six feet in height and equipped with appropriate anticlimbing device such as strands of barbed wire on top of the fence. The fencing shall go on the interior of the required vegetative buffer in order to screen it from the ground level view of adjacent property owners. Continual maintenance of the fencing shall occur while the facility is in operation.

(9)

Opaque vegetative buffers. Vegetative buffers sufficient to mitigate the visual impact of the facility is required as follows:

a.

The buffer shall consist of a landscaping strip at least 300 feet wide, shall be located within the setbacks required and shall circle the entire perimeter of the property. In no case shall such buffers contain stormwater holding ponds.

b.

Within the buffer area there shall be shall sufficient existing vegetation and trees to create an opaque visual barrier to screen the project area from view. If no such barrier exists then the applicant shall establish this landscaped strip consisting of four rows of staggered evergreens ten feet apart and on 15-foot centers. Such trees shall be at least five feet tall at the time of planting and expected to grow to a minimum height of 20 feet within ten years.

c.

The planning commission or board of supervisors may require increased setbacks and additional or taller vegetative buffering in situations where the height of structures or topography affects the visual impact of the facility. Planting of non-invasive plant species and pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs and wildflowers shall occur in the vegetative buffer following Virginia Pollinator-Smart Program best practices.

d.

On-going maintenance of existing trees and vegetation in the buffer is a requirement for the life of the facility. The removal of dead or diseased trees necessary to promote healthy growth or other trees which may impact operations as approved in advance by the zoning administrator. Trees removed from the buffer shall be replaced by planting a similar tree in the buffer at least five-foot tall.

e.

Following completion of construction the pollinator-smart designated area of the project area shall receive prompt seeding with appropriate pollinator-friendly native plants, shrubs, trees, grasses, and wildflowers and in such a manner as to reduce invasive weed growth and trap sediment within the project area. At the beginning of the next planting season over-seed the project area, setbacks and buffers with appropriate pollinator-friendly native plants, shrubs, trees, grasses, forbs and wildflowers, following Virginia Pollinator-Smart Program best practices or any such other program as approved by county staff in consultation with the Department of Environmental Quality native plant finder system. Once established, mowing of the pollinator habitats shall occur after the end of every migratory season in order to reseed these areas. The intent of this provision is to ensure at least ten percent of the total acreage of the facility is cultivated in such a manner to encourage pollinator habitats in order to help maintain the rural, agricultural nature of the county.

f.

The planning commission may recommend waiving or altering the vegetative screening and/or buffer requirements when the applicant proposes to preserve existing wetlands or woodlands, as long as the wetlands or woodlands receive protection and it serves as a buffer.

(10)

Heights. Ground-mounted solar energy generation facilities shall not exceed a height of 12 feet, measured from the highest natural grade below each solar panel. This limit shall not apply to utility poles and the interconnection to the overhead electric utility grid that meet state corporation commission requirements.

(11)

Lighting. Lighting shall be limited to the minimum reasonably necessary for security purposes and shall minimize off-site effects. Lighting on the site shall be dark sky compliant.

(12)

Airport proximity. These facilities shall not be located within one mile of an airport unless the applicant submits, as part of its application, written certification from the Federal Aviation Administration that the location of the facility poses no hazard to or interfere with airport operations.

(b)

Waivers and modifications. In issuing any conditional use permit for a utility-scale solar generation facility, the board of supervisors may waive or modify any of the requirements of subsection (a) above and shall consider the following matters in addition to those otherwise provided in this chapter:

(1)

The topography of the site and the surrounding area.

(2)

The proximity of the site to, observability from, and impact on agricultural, rural and developed residential areas.

(3)

The proximity of the site to, observability from, and impact on areas of historical, cultural, and archaeological significance including cemeteries.

(4)

The proximity of the site to other large scale solar energy facilities, other energy generating facilities, and utility transmission lines.

(5)

The proximity of the site to, observability from, and impact on areas of scenic significance, such as scenic byways, vistas, and blueways.

(6)

The proximity of the site to, observability from, and impact on public rights-of-way, including, but not limited to, highways, secondary roads, streets, and scenic byways.

(7)

The proximity of the site to, observability from, and impact on recreational areas, such as parks, battlefields, trails, lakes, rivers, and creeks.

(8)

The proximity of the site to airports.

(9)

The preservation and protection of wildlife and pollinator habitats and corridors.

(10)

The proximity of the site to any rural planning area or community planning area identified in the currently adopted comprehensive plan.

(11)

The size of the site in acres.

(12)

The proposed use of available technology, coatings, and other measures for mitigating adverse impacts of the facility.

(13)

The preservation and protection of prime farmland in the county.

(14)

Such other matters as the planning commission or the board of supervisors may deem reasonably related to the application or its impacts.

(c)

Conditions. The board of supervisors may impose conditions reasonably designed to mitigate the impacts of the facility. Such conditions may include requirements for:

(1)

Dedication of real property of substantial value to the county or one of its instrumentalities, or

(2)

Substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the granting of the conditional use permit, so long as such conditions are reasonably related to the project.

(d)

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

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

(a)

The project shall be deconstructed and removed within 12 months after the project sites are permanently decommissioned. As used herein "deconstructed and removed" shall mean:

(1)

The removal from the surface of the property, any project facilities and appurtenances installed or constructed thereupon, including permanent foundations, however, during the course of deconstruction, structural members three feet or more in the ground which break off shall be abandoned in place.

(2)

The filling in and compacting of all trenches or other borings or excavations made in association with the project, (iii) the removal of all debris caused by the project from the surface of the property, (iv) performing and providing a phase II environmental site assessment report of the site to the county. The project owner or operator shall provide to the zoning administrator a report detailing compliance with all of conditional use permit requirements required for decommissioning.

(3)

Prohibited is the disposal of solar panels in any of the county's landfill facilities.

(4)

County staff will review the provided decommissioning report for approval or denial. If denied, a list of corrective actions will be provided to the project owner or operator. At the completion of decommissioning the properties [shall] be ready for agricultural or forestal use preserving and protecting the county's rural and agricultural character. Decommission means the removal and proper disposal of solar energy equipment, facilities, or devices related to a utility-scale solar energy facility. The term includes the reasonable restoration of the real property, including:

a.

Soil stabilization, and

b.

Revegetation of the ground cover of the real property disturbed by the removal of such equipment, facilities, or devices, and

c.

The preparation and submittal to the county of a phase II environmental site assessment report of the property.

(b)

A site development plan for a minor or utility-scale solar generation facility shall include a detailed decommissioning plan that provides procedures and requirements for removal of all parts of the solar energy generation facility and its various structures at the end of the useful life of the facility or if abandoned. The plan shall include the anticipated life of the facility, the estimated overall cost of decommissioning the facility in current dollars, the methodology for determining such estimate, and the manner in which the project will be decommissioned. The decommissioning plan and the estimated decommissioning cost will be updated upon the request of the zoning administrator or as provided in the agreement provided for in subsection (c), provided the update shall be no more frequently than once every five years and no less frequently than once every ten years.

(c)

As a condition of the approval of a site development plan for a minor or utility-scale solar generation facility, the owner, lessee, or developer of the project (the "responsible party") shall enter into a written project development agreement with the county, setting forth, at a minimum, that:

(1)

If the facility ceases generating electricity for more than 12 consecutive months, the responsible party will provide for its decommissioning;

(2)

If the owner, lessee, or developer defaults in the obligation to decommission the facility, the county has the right to enter the real property without further need of consent of the owner to engage in decommissioning;

(3)

The responsible party provides financial assurance of such performance to the county in the form of certified funds, cash escrow, bond, letter of credit, or parent guarantee as approved by the county attorney, and

(4)

The amount of the financial assurance based upon an estimate by a professional engineer licensed in the commonwealth, engaged for and paid by the responsible party, who has experience in preparing decommissioning estimates, and approved by the county.

(5)

The amount of the surety required shall be 100 percent of the estimated decommissioning costs. Any solar panels, steel, aluminum, copper, fenceposts, fencing, or other material removed from the facility as part of decommissioning shall be taken out of county by the owner, lessee, or developer. None of the estimated salvage value of any of this material shall be used to offset the decommissioning costs.

(6)

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

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

(a)

Detailed plans for water supply and sewage disposal facilities, in accordance with the requirements set forth within article III subdivision, including, without limitation, the following details: all pipe sizes, types and grades; proposed connections to existing or proposed public water or sewer systems; location and dimensions of proposed easements and whether the same are to be publicly or privately maintained, in accordance with the requirements set forth within section 86-575; profiles and cross sections of all water and sewer lines including clearance where lines cross; all water main locations and sizes; valves and fire hydrant locations; all sanitary sewer appurtenances by type and number; the station on the plan to conform to the station shown on the profile and indicate the top and invert elevation of each structure. Where the development will be served by a public water system or public sewer system owned by a political subdivision of the commonwealth or a public service corporation regulated by the state corporation commission, all plans shall conform to the requirements of the regulations, specifications, and standards established by the entity that owns and operates the public water or public sewer system.

(b)

Location and dimensions of other existing and proposed utilities and utility easements, in accordance with the requirements set forth within section 86-575.

(c)

Location and dimensions of all existing and proposed improvements including: all improvements required by sections 86-569—86-571; buildings (maximum footprint and height) and other structures; walkways; fences; walls; trash containers; outdoor lighting; landscaped areas (as provided for in section 86-648(f)) and open space; recreational areas and facilities; parking lots and other paved areas; loading and service areas together with the proposed paving material types for all walks, parking lots and driveways; and signs. For all parking and loading areas, indicate: size; angle of stalls; width of aisles and specific number of spaces required and provided, and method of computation. For all roads, parking lots, and driveways, the site plan should indicate type of surfacing.

State Law reference— Code of Virginia, § 15.2-2241, 15.2-2242.

(a)

Erosion and sediment control plan if required by chapter 38 of the Louisa County Code.

(b)

Road plan approved by VDOT or a third party agency (if applicable).

(c)

Approval by the state health official of an approved water supply, and of a method of sewage disposal:

(1)

Capable of furnishing the needs of the development, and

(2)

Meeting the requirements set forth within sections 86-569—86-571.

(d)

Compliance with applicable requirements of article I, division VIII (Public Facilities Review).

(a)

Every new site plan shall indicate whether water will be provided by:

(1)

Connection to the county water authority system; or

(2)

Connection to private well meeting Virginia Department of Health regulations.

(b)

For any new site plan proposed to be located in a county water authority service area, a commitment letter will be requested by the zoning administrator as part of the agency review process.

(c)

If the county water authority issues a commitment letter pursuant to its rules and regulations, such site plan must be connected to the authority's system.

(d)

If the county water authority does not issue a commitment letter for a site plan:

(1)

Each residential use or unit must be served by an onsite well.

(2)

For a site plan proposed to have agricultural, civic, commercial, industrial, or miscellaneous uses, or for components of such uses within a master planned development in the RD or PUD Districts, each lot may be served by any available water supply system, subject to the requirements of County Code § Sec. 86-26.1 and such other provisions as may apply.

(e)

Approval by the Virginia Department of Health is required for any proposed new water supply, when required by Virginia Department of Health Regulations.

(a)

Prior to approval of a plat, the subdivider shall indicate whether the sewer facilities to be provided to the lots within the subdivision will be provided by:

(1)

Connection to the county water authority system; or

(2)

Connection to an alternative or conventional onsite sewerage system meeting Virginia Department of Health Regulations.

(b)

For any new site plan proposed to be located in a county water authority service area, a commitment letter will be requested by the subdivision agent as part of the agency review process.

(c)

If the county water authority issues a commitment letter pursuant to its rules and regulations, such site plan must be connected to the authority's system.

(d)

If the county water authority does not issue a commitment letter for a site plan:

(1)

Each residential use or unit must be served by an alternative or conventional onsite sewer system.

(2)

For a site plan proposed to have agricultural, civic, commercial, industrial, or miscellaneous uses, or for components of such uses within a master planned development in the RD or PUD Districts, each lot may be served by any available sewer system, subject to the requirements of County Code sec. 86-44 and such other provisions as may apply.

(e)

Approval by the Virginia Department of Health is required for any proposed new public or private sewer system when required by Virginia Department of Health Regulations.

(f)

Each individual lot within which there is to be constructed a conventional or alternative onsite sewage disposal system must include a 100 percent backup site for such system, subject to the approval of the Virginia Department of Health.

(g)

When a development is proposed to be served by a sewer system designed to have a point source discharge, regardless of its zoning district, use, or other classification, the county shall be notified in advance by the developer; and in addition to notification provided by any state or federal agency to adjoining or affected properties, the county shall also notify adjoining or affected properties (subject to the county's interpretation of the same) of the developer's intent. The developer shall bear the costs of these notifications.

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

State Law reference— Code of Virginia, §§ 15.2-2121; 15.2-2241(3); 56-265.1; 56-265.10 et seq.; 56-265.13:1 et seq.

The purpose of this division is to encourage orderly, convenient and compatible development.

There shall be provided at the time of erection of any main building, or at the time any main building is enlarged or structurally altered and converted to another use, adequate minimum off-street parking spaces as follows:

(1)

Dwellings:

a.

One-family one per dwelling unit.

b.

Two-family 1.5 per dwelling unit.

c.

Multifamily two per dwelling unit.

d.

Mobile homes in mobile home parks - Two per dwelling unit.

e.

Mobile homes on lots in subdivision or in agricultural zoned areas - One per dwelling unit.

(2)

Tourist court, motel, motor hotel, motor lodge or hotel - One per employee, plus one per sleeping room or suite.

(3)

Rooming, boarding or lodging house - One per sleeping room.

(4)

Theaters, churches, auditorium and other places of assembly with fixed seats - One per four seats or bench seating spaces (seats in main auditorium).

(5)

Hospital one per patient bed.

(6)

Sanitarium, convalescent home, (home) for the aged, or similar institution - One per three patient beds.

(7)

Funeral home - One per 50 square feet of floor area excluding storage and work areas.

(8)

Medical offices or clinics - One per 200 square feet of floor area; three spaces minimum.

(9)

Office or office building - One per 400 square feet of floor area; three spaces minimum.

(10)

Restaurants one per 200 square feet of floor area.

(11)

Retail store or personal service establishment and banks - One per 200 square feet of floor area.

(12)

Country club, golf club or private club - One per five members or one for each 400 square feet of floor area, whichever is greater.

(13)

Amusement place, dancehall, skating rink, swimming pool or similar entertainment facility - One per 100 square feet of floor area.

(14)

General service or repair establishment - Two per employee on the premises.

(15)

Automobile type repair - One per employee and two per bay (working station).

(16)

Animal hospital - One per 400 square feet of floor area.

(17)

Shopping center - 1 One per 200 square feet of rental floor area for shopping centers with less than 25,000 square feet.

(18)

Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, wholesale or similar establishment - One per each employee on maximum working shift, plus space for storage of trucks or other vehicles used in connection with business or industry.

(19)

When a use is not specifically listed above, the zoning administrator shall determine which of the above categories to use to determine the spaces required, based on similarities between the characteristics of the uses.

(20)

The zoning administrator may allow a variation to the number of required parking spaces as described below:

a.

Up to a 20 percent variation in the number of required parking spaces based on a detailed parking demand study provided by the applicant. Such studies shall provide justification for the parking reduction and include an accurate analysis of the parking demands for the proposed use and similar uses. Additional variation may be granted by the zoning administrator upon approval by the planning commission.

b.

Up to a ten percent variation in the number of required parking spaces based on how effectively a site achieves the following design principles:

1.

Inter-parcel connectivity. Inter-parcel connectivity allows parking facilities to be used more efficiently by reducing congestion on streets and at the entrance of parking facilities. Inter-parcel connectivity may be achieved with the use of a service road or access easement between two adjacent commercial properties. When an adjacent commercial property is vacant, inter-parcel connectivity may still be planned for by reserving an area for a future service road or access easement.

2.

Walkability. Walkability reduces demand for parking by reducing the dependence of vehicles. Walkability may be achieved with the use of a pedestrian way, such as a sidewalk or trail, which connects the proposed use with adjacent uses. Where adjacent uses are vacant, a pedestrian way may still be planned for by reserving an area for a future pedestrian way.

(21)

A maximum of 20 percent of the total number of required off-street parking spaces may be designed for compact cars.

Except as otherwise provided in this article, when any building or structure is erected or structurally altered to the extent of increasing the floor area by 25 percent or more, or any building is converted, for the uses listed in this section and containing the floor area specified, accessory off-street loading and/or unloading spaces shall be provided as required in this section:

(a)

All parking spaces required in this article shall be located on the same lot with the building or use served, except that in the case of buildings other than dwellings, spaces may be located as far away as 600 feet.

(b)

Up to 50 percent of the parking spaces required for (1) theaters, public auditoriums, bowling alleys, dancehalls and nightclubs and up to 100 percent of the parking spaces required for a church auditorium may be provided and used jointly by (2) banks, offices, retail stores, repair shops, service establishments, and similar uses not normally open, used or operated during the same hours as those uses listed in (1), and up to 100 percent of parking spaces required for schools may be provided and used jointly by a church auditorium; provided, however, that written agreement thereto is properly executed and recorded.

Minimum area and surface. For the purpose of this article, an off-street parking space is an all-weather surface area consisting of gravel, stone, asphalt or concrete. With the exception of compact car spaces, off-street parking spaces shall include an area of not less than 162 square feet (nine × 18), exclusive of driveways.

Compact car spaces shall include an area not less than 128 square feet, with a width of no less than eight feet. In addition, a loading space is defined as a space within the main building or on the same lot, providing for the standing, loading or unloading of trucks having a minimum area of 420 square feet, a maximum width of 12 feet, a minimum depth of 35 feet and a vertical clearance of at least 14 feet.

(1)

Interior drive. Interior drives shall be of adequate width to serve a particular design arrangement of parking spaces, according to the following schedule: Aisles shall be not less than 22 feet for 90-degree parking; 17 feet for 60- degree parking; 13 feet for 45-degree parking; and nine feet for 30-degree parking. Aisles serving spaces angled other than 90 degrees shall be one-way only.

(2)

Drainage and maintenance. Off-street parking facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alley and surfaced with erosion resistant materials as specified in chapter 38, article II.

(3)

Separation from walkways and streets. Off-street parking spaces shall be separated from walkways, sidewalks, streets or alleys by a wall, fence, curbing or other approved protective devices, or by distance so that vehicles cannot protrude over publicly owned areas.

(4)

Entrances and exits. The location and design of entrances and exits shall be in accord with the requirements of applicable local and state regulations and standards. Generally, there shall not be more than one entrance and one exit, and a combined entrance and exit shall be encouraged along any one street. Landscaping, curbing or approved barriers shall be provided along lot boundaries to control the entrance and exit of vehicles or pedestrians.

(5)

Lighting. Adequate lighting shall be provided if off-street parking spaces are to be used at night. The lighting shall be arranged and installed to minimize glare on property in a residential district.

(6)

Screening. When off-street parking areas for ten or more automobiles are located closer than 50 feet to a lot in a residential district, or to any lot upon which there is a dwelling as a permitted use under this chapter, a continuous visual screen with a minimum height of six feet shall be provided between the parking areas and the residential lot. Such screen shall consist of a compact evergreen hedge or foliage screening or ornamental wall or fence.

(7)

The zoning administrator may approve, on a case-by-case basis, the use of grass parking, when the primary use of the property is a special occasion facility. A grass parking plan must be provided, as part of any required site plan application or site plan exception.

(Ord. of 1-3-2023(2023-2), Att.)

(a)

The minimum distance to the first turning movement shall be 50 feet from the right-of-way as widened.

(b)

Parking shall not overhang onto an adjacent lot or property.

(c)

There shall be a ten-foot minimum landscaping strip between parking and the right-of-way line.

(d)

Provide a fire lane shall be provided around commercial and/or industrial buildings.

(e)

Provide commercial/industrial fire protection in accordance with ISO (insurance services organization) calculation where central water is available.

(f)

For a commercial and/or industrial development, landscaping shall represent 25 percent of the total site dispersed throughout the site.

(g)

Provide a 25-foot landscaping buffer when commercial and/or industrial development takes place adjacent to residential zoning,

(h)

Convey stormwater runoff for a commercial and/or industrial site in an approved underground drainage system and constructed in accordance with state department of transportation standards and specifications. Discharge shall will follow the Virginia Erosion and Sediment Control Handbook Standards and Specifications (GC7 Analysis).

(i)

Show location, width, names and use of all existing public rights-of-way or easements within 300 feet of the proposed development on the preliminary plat and/or site plan.

The intent of this division is to encourage the public's health, safety, and welfare with equitable and enforceable conditions for development, on Dominion Energy's easement and property, along the Lake Anna shoreline, including the waste heat treatment facility (WHTF). These use and design standards are intended to protect the shoreland, enhance public safety, and advance the public's general welfare and quality of life. The Lake Anna shoreline use and design standards are adopted under the general provisions of the zoning ordinance.

Unless specifically stated otherwise, the provisions set forth in this division do not apply to structures built, or otherwise approved by Louisa County or Dominion Energy, prior to the adoption of these standards. Nonconforming structures shall be exempt from these standards unless the structure is expanded or if the structure is replaced more than two years after being removed. A structure for the purposes of this division includes, but is not limited to, fixed or floating docks, piers, boardwalks, slips, accessory buildings, or other types of development on, or attached to, Dominion Energy's property.

The standards set forth in this division are mandatory unless a waiver is granted. Applications that meet all of the ordinance standards will be reviewed administratively by staff. Applications should include site plans that meet the criteria included in the "Lake Anna Shoreline Site Plan Requirements Checklist," to include an approval statement by Dominion Energy for proposed development on Dominion Energy's shoreland or shoreline. Where criteria is not clearly illustrated on a site plan, a survey shall be required to demonstrate compliance with the ordinance, or in order to process special exception requests. If a waiver is requested, then the application will be reviewed by staff (per section 86-119 of this chapter). If a waiver is denied, applicants may resubmit a revised waiver at any time or appeal staff's decision to the board of supervisors.

(Ord. of 5-6-24(2024-4), Att.; Ord. of 6-16-2025(2025-9) meeting)

(a)

Shoreland protection/erosion and sediment control. This section is intended to mitigate the impacts to the shoreland of residential and commercial development (including common areas) along the Lake Anna shoreland due to construction activities.

These standards address two main types of erosion, upland erosion and shoreline erosion. These measures are intended to mitigate the impacts of land disturbance above and beyond the scope of the county erosion and sediment control ordinance (Code of Louisa County, VA, chapter 38, article II). The measures also recommend approved methods of shoreline stabilization.

For the purposes of this division, land disturbance is defined consistent with the definition provided in the erosion and sediment control ordinance: any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land.

(1)

Upland erosion. Land disturbances over 10,000 square feet along the Lake Anna waterfront shall require a Lake Anna shoreline agreement in lieu of an erosion and sediment control plan or an erosion and sediment control plan that implements one of the recommended methods, or equivalent measures, as approved by the County of Louisa. The agreement in lieu requires the implementation of one of several recommended methods of shoreland protection measures depending on the individual site or owner preference (where it would be more environmentally beneficial).

Any shoreland that is disturbed shall be permanently stabilized. Permanently stabilized vegetation is ground cover that is uniform, mature enough to survive, and will inhibit erosion. Sand beaches shall be permitted if they are properly retained.

Shoreland protection measures may include a 100-foot wide natural, forested buffer along the shoreline. A natural, forested buffer for the purposes of this section is an indigenous, undisturbed, riparian forest with ground cover, shrub, and tree canopy layers.

Alternative protection measures may also be used. The following slopes shall be calculated within the Dominion Energy property boundary as an average slope between a property's boundary lines. The specifications outlined below are a summary of those outlined in the Lake Anna shoreline agreement in lieu.

3—15 percent = a vegetated diversion (18 inches minimum in height) with compacted soil and a minimum base width of 4.5 feet. This diversion shall consist of a berm and a swale and be contoured with the property. The swale shall be designed to carry flows at a minimal slope to a rock outlet located at a defined low point. Vegetation on the diversion should include native grasses or shrubs, with other noninvasive ornamental plantings as desired;

>15 percent = the above specified diversion with a 25-foot wide undisturbed, vegetated area along the shoreline, measured horizontally from the water's edge (not to include pathway to lake structures).

Alternate control methods not listed above may be used pending review and approval by the County of Louisa.

Applications of fertilizers and herbicides are prohibited within the berm, swale, and buffer areas, and within 25 feet of the shoreline. Insecticides are strongly discouraged.

All of the above recommended control methods shall be maintained and repaired as necessary to remain permanently stabilized and in compliance with state and local erosion and sediment control regulations.

(2)

Shoreline stabilization. Shoreline erosion is exacerbated by wave action from boats on Lake Anna. Another cause of shoreline erosion, from the sheet flow of water across the land, is adequately addressed in the section above. Shoreline erosion not directly caused by land disturbance is not required to be stabilized but is encouraged. Shoreline that is disturbed shall be permanently stabilized by one of the below recommended methods.

The use of nonstructural, vegetated stabilization methods is strongly encouraged per the Lake Anna shoreline agreement in lieu. Structural methods are limited to riprap and bulkhead materials with geotextile fabrics unless otherwise approved by the County of Louisa.

Technical guidance for complying with the Lake Anna shoreline use and design standards is available through the County of Louisa.

A violation of this section shall be subject to the penalties set forth in the Code of Louisa County, VA, section 38-37, including, but not limited to, a $1,000.00 fine per violation (each day of violation).

(b)

Safe navigation.

(1)

Water access entrances and travelways into coves shall be at least 30 feet in width at navigable depth until the cove reaches a width of 90 feet or less. The one-third rule shall be the determining factor in any cove less than 90 feet in width. This standard applies to all choke points leading to, and within, the cove. A choke point is a narrowing of the cove that boats navigate through. Staff may grant a waiver (per section 86-22 of this [chapter]) to this standard in extenuating circumstances due to water depth, topography, irregular shoreline, narrowness of cove, existing structures, and other existing conditions.

(2)

The navigable channel shall be clearly identified during site plan review.

(3)

Structures shall not protrude into the water from the shoreline further than the following maximum lengths unless otherwise approved by a waiver or special exception.

(4)

Agricultural/residential district uses. Louisa County will only review development permit applications made to Louisa County with a valid construction and use agreement from Dominion Energy. Such review by Louisa County will only be to apply building code requirements.

a.

Commercial district and common area use. Structures shall not protrude more than one-third of the distance across the water from the shoreline to a maximum of 150 feet. Structures proposed to exceed this limit require approval of a waiver or special exception. The travelway must be a minimum of 50 feet whenever serving common area launch facilities or commercial properties.

b.

Resort development and planned unit development uses. The length of lake structures shall be included as part of the master plan submitted during the rezoning process. The standards set forth in this section should be used in the development of the master plan requirements regulating lake structures.

For the purposes of this section, the term shoreline shall refer to the boundary line, at normal pool, between land and the water.

(5)

In order to identify the protruding outline of all lake structures, existing and new, two-inch minimum diameter reflectors shall be affixed along the sides of the structure at intervals of ten feet. Reflectors shall be within one foot of both sides of each lakeside corner. Reflectors shall be placed no more than two feet above normal pool level (250 feet above mean sea level for the lake, 251 feet above mean sea level for the WHTF).

All lake structures shall be in full compliance with this safety standard by November 1, 2007.

(6)

The minimum travel way between groups of dock slips shall be two times the length of the adjacent slip; if two slips are different sizes, the larger length shall be used. Roof overhangs are not included in this calculation. A fairway is an unobstructed access channel for entry to or exit from a moorage area.

(7)

Common areas.

a.

Common area ramps shall be constructed of reinforced concrete with a minimum thickness of six inches and shall be a minimum distance of 75 feet from designated swimming areas.

b.

If determined to be necessary or required by the department of fire/EMS during site plan review, common areas may be required to have a dry hydrant in a location to be determined on the site plan in coordination with community development; department of fire/EMS; and Dominion Energy.

c.

Common area boat ramps shall be placed or positioned to minimize wave interference from boats passing nearby through high concentration navigation choke points as determined by the county during site plan review (i.e., cove entrances, narrow channels, sharp bends, bridges, etc.).

(c)

Neighbor policies.

(1)

A sign shall be posted at common area and commercial pier entrances summarizing alcohol and boating regulations in the state.

(2)

All site plans for new development must show shoreline building zones and extension lines to 150 feet into the water or one-third of the cove, whichever is less.

(3)

Structures.

a.

District uses.

1.

Agricultural/residential. The maximum square footage (SF) permitted over water shall be as determined by Dominion Energy in a valid construction and use agreement.

2.

Commercial and common areas. The following is the maximum square footage (SF) permitted over water:

(i)

0—99 linear feet of waterfront = 90 SF per linear foot of shoreline.

(ii)

100—500 linear feet of waterfront = 75 SF per linear foot of shoreline.

(iii)

> 500 linear feet of waterfront = 55 SF per linear foot of shoreline.

3.

Resort development and planned. If lake structures are included as part of the proffered conditions during the rezoning process, the maximum square footage shall be included. The standards set forth in this section should be used in the development of the proffered conditions regulating lake structures.

b.

The maximum height of structures on land within the Dominion Energy easement in all zoning districts shall be 20 feet for flat roofs and 28 feet for pitched roofs as measured from the lowest finished grade. Weathervanes and telecommunication antennas do not count against the structure's height.

The maximum height of structures over the water within the Dominion Energy easement in all zoning districts shall be 20 feet for flat roofs and 28 feet for pitched roofs as measured from normal lake level (250 feet above mean sea level for the lake, 251 feet above mean sea level for the WHTF). Weathervanes and telecommunication antennas do not count against the structure's height.

c.

Waterfront construction, defined herein as structures on the Dominion Energy shoreland and/or over water, may have a second story but it may not be enclosed. Screened areas are not considered to be enclosed. Maximum height limits shall apply. Structures that will exceed these standards shall require a waiver from staff (section 86-119 of this chapter).

(4)

Common areas.

a.

If determined to be necessary or required by the Virginia Department of Health, restroom facilities may be required in areas with structures for people or watercraft for common areas with 25 or more lots, and shall be placed in a location to be determined on the site plan in coordination with community development, the Virginia Department of Health, and Dominion Energy. Restrooms are not allowed within the Dominion Energy easement without their approval.

b.

All structures in a common area shall maintain a 100-foot side setback from residential and agricultural zoning districts (not part of the subdivision), and a 50-foot side setback from resort development, commercial, and industrial zoning districts.

c.

Twenty-five foot vegetative buffer between the common area and adjoining property owners (not part of the subdivision) shall be required. Buffers shall consist of evergreen vegetation but may also include deciduous species. County staff may grant a special exception to this requirement on a case-by-case basis.

(5)

Commercial areas.

a.

A pump out station shall be required for commercial waterside operations if they introduce traffic to the lake.

b.

Commercial slips are allowed one enclosed storage structure per slip that is a maximum of 50 square feet.

c.

Any business engaged in fuel sales shall use United States Coast Guard (USCG) approved spill recovery systems.

(d)

Dredging, excavation, and filling. The standards established by Dominion Energy shall govern these activities along with other applicable federal, state, and local codes, unless otherwise noted in this section.

(Ord. of 5-6-24(2024-4), Att.; Ord. of 1-21-2025(2025-2 meeting); Ord. of 6-16-2025(2025-9) meeting)

This division may be cited and referred to as the "Louisa County Telecommunications Ordinance." In any case in which this article conflicts with any other requirement of Chapter 86 of this Code, the more specific provision shall control, notwithstanding the provisions of section 1-6 or sec 86-23 of this Code, unless expressly so stated. Nothing herein shall be construed to relieve any person of any other requirement of local, state, or federal law.

(1)

Nothing in this division shall impair any vested right.

(a)

This division shall apply to the development activities including installation, construction, or modification of all wireless communications facilities.

(b)

Wireless communication facilities (WCFs) are utility facilities subject to the provisions of article I, division VIII of this Code, and must be in substantial accord with the relevant provisions of the county comprehensive plan or applicable element thereof. Notwithstanding this provision, facilities that are by-right uses or approved by a special use permit process shall be deemed substantially in accord with the comprehensive plan.

State Law reference— Code of Virginia, §§ 15.2-2232, 15.2-2281.

1 See Louisa County Code sections 86-177 and 86-190. A freestanding WCF is permitted in the PUD district subject to the conditions of an approved master plan.

State Law reference— Code of Virginia, §§ 15.2-2286(A)(1) and (3).

Where a use requires a conditional use permit or master plan approval pursuant to section 86-665, in addition to meeting any application requirements contained in section 86-43 of this Code, such application must include:

(1)

Statement of justification. No new freestanding WCF shall be permitted unless the applicant submits a statement of justification addressing the following considerations:

a.

A justification of the geographic search area chosen.

b.

A report and supporting technical data demonstrating that all antenna attachments and collocations, including all potentially useable electric utility distribution towers and other elevated structures within the proposed service area and alternative antenna configurations have been examined and found unacceptable. The report should include reasons existing facilities such as utility distribution systems and other elevated structures are not acceptable alternatives to a new freestanding WCF. The report regarding the adequacy of alternative existing facilities or the mitigation of existing facilities to meet the applicant's need or the needs of service providers indicating that no existing wireless communications facility could accommodate the applicant's proposed facility.

c.

Why no existing wireless communications facilities located within the geographic search area meet the applicant's engineering requirements.

d.

Technical data included in the report shall include certification by a registered professional engineer licensed in the Commonwealth of Virginia or other qualified professional, which qualifications shall be included, regarding service gaps or service expansions that are addressed by the proposed WCF, and accompanying maps and calculations demonstrating the need for the proposed WCF.

e.

At least one letter of commitment from a wireless communications provider committing to locate on the new freestanding WCF.

(2)

Location and geographic search area. A vicinity map delineating the location and classification of all major public or private streets and rights-of-way, driveways, public parking areas, pedestrian ways, trails and bikeways within 500 feet of the subject property's boundary, including zoning district boundaries and the geographic search area overlaid on the map, together with a list of property owners within 1,000 feet in agriculturally zoned (A-1 and A-2 districts) and 500 feet in all other districts of the subject property and keyed to the map. The map shall be prepared at a scale sufficient to clearly identify the required features. A list compiled from Louisa County tax assessment records shall be sufficient compliance with this requirement.

(3)

Visual impact. The applicant shall provide simulated photographic evidence of the proposed WCF's appearance from any and all residential dwellings or lots within 1,000 feet or vantage points approved by the community development department including the facility types the applicant has considered and the impact on adjacent properties including:

a.

Overall height.

b.

Configuration.

c.

Physical location.

d.

Mass and scale.

e.

Materials and color.

f.

Illumination.

g.

Architectural design.

The applicant shall provide a statement as to the potential visual and aesthetic impacts of the proposed WCF on all adjacent residential zoning districts.

Concealed and monopole-type structures are preferred.

(4)

Height. It is intended that all new WCFs be 199 feet or less in height. Under no circumstance shall any WCF exceed 300 feet. All new WCFs in excess of 199 feet shall be subject to the following additional requirements:

a.

Evidence that the WCF service area will be so substantially compromised that there would be a requirement of additional WCFs within a distance of two miles.

b.

The WCF shall be designed to allow for a future reduction of elevation to no more than 199 feet, or the replacement of the WCF with a monopole- type structure at such time as the wireless network had developed to the point that such heights can be justified.

(5)

Design for collocation. All freestanding WCFs should be engineered and constructed to accommodate collocation.

(6)

Certificate of conformance with FAA regulations. Proof of compliance and documentation of the manner of compliance with 14 C.F.R. Part 77, subpart C, "Standards for Determining Obstructions to Air Navigation or Navigational Aids or Facilities."

(7)

Conformance with comprehensive plan. All applications must show conformance with the Louisa County Comprehensive Plan.

(8)

Site plan required. WCFs greater than 100 feet in height must comply with article IV, division II of this chapter.

Where a conditional use permit is required under the provisions of section 86-665, the following provisions shall apply. To the extent necessary to comply with the policies of the county comprehensive plan, an application pursuant to chapter 86 of this Code may be processed and acted upon simultaneously with the process set forth below. The conditional use permit approval process shall generally follow the process set forth in section 86-43 of this Code, with the following additional procedures:

(1)

Pre-application meeting. Prior to submitting a conditional use permit application, the applicant shall meet with county staff to discuss the process and requirements of the County Code and the comprehensive plan. At the time of the pre-application meeting, the applicant shall demonstrate that the following notice was mailed via certified U.S. Mail, postage prepaid, to all other wireless service providers licensed to provide service within the county:

"Pursuant to the Louisa County Zoning Ordinance, article I, division V, we are hereby providing you with notice of our intent to meet with county staff in a pre-application meeting to discuss the location of a freestanding wireless communications facility that would be located at ___________ (physical address, latitude and longitude, Louisa County tax map number). In general, we plan to construct a support structure ______ feet in height for the purpose of providing ___________ (type of service). Please inform county staff if you have any desire to place additional wireless facilities or equipment within a two-mile radius of the proposed facility. Please provide both us and county staff with such information within 20 business days of receipt of this letter. Your cooperation is sincerely appreciated. Sincerely, ___________ (name of applicant)."

(2)

Balloon test. For WCF's proposed to be greater than 100 feet in height; the applicant shall carry out a balloon test prior to submittal of a conditional use permit application. The applicant shall arrange to raise a colored balloon no less than three feet in diameter to the maximum height of the proposed WCF and within 50 horizontal feet of the proposed antenna support structure.

The applicant shall inform county staff and abutting property owners of the date and time of balloon test in writing at least 14 days in advance. The applicant shall cause the date, time, and location of the balloon test to be advertised in a newspaper of general circulation at least seven but no more than 14 days prior to the test date. The balloon shall be flown for at least four consecutive hours during daylight hours on the date chosen. The applicant shall record the weather during the balloon test.

(3)

Planning commission. The planning commission shall hold a public hearing following notice and advertisement as set forth in Code of Virginia, § 15.2-2204 and make a recommendation to the board of supervisors within 90 days of the date of application, unless the applicant agrees in writing to an extension of the time for a recommendation. Failure to make a recommendation will be construed to be a recommendation of approval to the board of supervisors.

(4)

Board of supervisors. Following recommendation of the planning commission, the board of supervisors shall hold a public hearing following notice and advertisement as set forth in Code of Virginia, § 15.2-2204 and approve or disapprove the application.

(5)

Final site plan approval.

State Law reference— Code of Virginia, §§ 15.2-2204, 15.2-2285(B); 47 U.S.C. § 332(c)(7)(B)(ii).

WCFs subject to a certificate of compliance or special use permit requirement under section 86-665 will be processed as follows:

(1)

Conceptual plan required. The applicant must submit an application and conceptual sketch plan prepared at a scale sufficient to clearly identify the required features and includes the following:

a.

Location of the proposed structure by GPS coordinates.

b.

Location and size of existing or proposed buildings and structures.

c.

Setbacks from property lines, rights-of-way, and existing structures.

d.

Street, driveway, and parking layout.

e.

Exterior lighting, if any. If illumination is desired, all attached light structures shall be mounted no higher than 20 feet measured from ground level, and be in compliance with dark sky lighting standards as approved by the county.

f.

Name of owner, developer and individual who prepared the plan.

g.

Tax map and parcel number.

h.

Zoning district.

i.

Description of any variances or zoning proffers applicable to the site.

j.

Magisterial district.

k.

Voting district.

l.

County and state.

m.

North point.

n.

Date of drawing.

o.

Minimum setback lines.

p.

Departing lot lines.

q.

Approximate boundary dimensions.

r.

Vicinity map.

s.

Location of existing and proposed utilities.

t.

Any application requirements of this subsection may be waived by the zoning administrator if the applicant provides satisfactory explanation in writing.

u.

Copy of the recorded plat or survey. A certification of structural integrity from a professional engineer licensed to practice in the commonwealth, or a certification of testing and design from the manufacturer of the pole structure and that the antennas meet or exceed FCC emissions and interference requirements.

(2)

Other application requirements (special use permits only).

a.

Although not required, an endorsement from any applicable property owners' association, architectural review board, or neighbors may be taken into consideration.

b.

Any other matter the applicant believes relevant to the board's consideration.

c.

The board may waive the application requirements of this section if requested by the applicant.

(3)

Board of supervisors public hearing (special use permits only). The board hereby reserves to itself the right to issue special use permits pursuant to this article. The board may impose reasonable conditions to mitigate impacts of the proposed WCF. In determining whether or under what conditions to issue a special use permit, the board shall hold at least one public hearing following notice and advertisement as set forth in Code of Virginia, § 15.2-2204. The board may consider the following criteria, without limitation, in granting, denying, or granting with conditions a special use permit under this article:

a.

Impacts on the light and views of the public and neighboring properties;

b.

Whether a need exists for such infrastructure in the area;

c.

Whether any applicable property owners' association favors or opposes the application;

d.

Whether the application serves comprehensive plan goals; and

e.

Any other reasonable consideration.

(a)

WCFs of less than the maximum height allowed in the general regulations for the underlying zoning district.

(b)

WCFs greater than the maximum height allowed in the general regulations for the underlying zoning district, but less than 100 feet tall, provided:

(1)

The parcel on which the WCF is located is zoned agricultural or industrial and at least 25 acres in area.

(2)

Setbacks from all lot lines, including from roads, are at least 200 feet.

(3)

Not more than one WCF per parcel.

(4)

The applicant provides certification by a registered professional engineer licensed in the commonwealth that the antenna support structure has sufficient structural integrity to support the proposed antenna and feed lines, in addition to any other equipment located or mounted on the structure.

The following installations are exempt from the provisions of this division:

(1)

Noncommercial, FCC-licensed amateur radio antennas.

(2)

Satellite earth stations that are one meter (39.37 inches) or less in diameter in all residential districts and two meters or less in all other zoning districts and which are not greater than 20 feet above grade in all zoning districts. A waiver may be granted by the zoning administrator to these size specifications when it is demonstrated by the applicant that the satellite earth station is used exclusively by the land owner and is not regulated by the FCC.

(3)

A government-owned wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the county board of supervisors or designee; except that such facility must comply with all federal and state requirements. No wireless communications facility shall be exempt from the provisions of this article beyond the duration of the state of emergency.

(4)

A temporary, commercial wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the county board of supervisors or designee and approved by the county board of supervisors or designee; except that such facility must comply with all federal and state requirements. The wireless communications facility may be exempt from the provisions of this article up to three months after the duration of the state of emergency.

(5)

A temporary, commercial wireless communications facility, for the purposes of providing coverage of a special event such as news coverage or sporting event, subject to approval by the county board of Supervisors or designee, except that such facility must comply with all federal and state requirements. Said wireless communications facility may be exempt from the provisions of this article for up to one week after the duration of the special event.

(6)

Non-commercial, government-owned WCFs.

(7)

Non-commercial WCFs, such as home receivers and wireless access points attached to an existing structure, intended only for onsite, in-home use.

State Law reference— Code of Virginia, §§ 44-146.17, 44-146.21.

(a)

Mitigation of existing freestanding WCFs. An antenna support structure or other WCF will be considered a lawful nonconforming use provided it meets the following criteria:

(1)

Height: The height of a mitigated antenna support structure shall not exceed 115 percent of the height of the antenna support structure that is being mitigated.

(2)

Breakpoint technology: A mitigated WCF shall use breakpoint technology in the design of the replacement facility.

(3)

Buffers: At the time of mitigation, the WCF equipment compound shall be brought into compliance with the buffer requirements of section 86- 491(d).

(4)

Illumination: If the mitigation of the WCF results in a non-illuminated WCF to require illumination then the mitigated WCF will not be treated as lawfully nonconforming.

(b)

Antenna element replacements. Antenna element replacements will require a certification from a professional engineer licensed to practice in the commonwealth that the antenna support structure or structure to which the antenna is attached is structurally able to support the antenna.

(c)

Applicants for modifications to existing antenna colocations or new antenna colocations must provide a structural analysis (SA) which demonstrates that the existing tower has the structural integrity to support the proposed antenna loads as well as the existing/remaining antenna loads and appurtenances, as outlined in the current version of "ANSI/TIA-222 Structural Standard for Antenna Supporting Structures and Antennas." The structural analysis shall comply with the following criteria:

(1)

The SA report shall be sealed and signed by a professional engineer (PE), licensed in the Commonwealth of Virginia.

(2)

Any "assumptions" or "standard conditions" asserted by the PE relative to the maintenance or physical condition of the tower or structure shall be resolved, validated, or confirmed in writing. ANSI/TIA-222 recommends inspections of self- support towers once every five years. Applicants shall provide a copy of the TIA-222 inspection report to resolve or validate assumptions pertaining to the maintenance or physical condition of a tower or antenna support structure.

(3)

Any assumptions or standards conditions asserted by the PE relative to the accuracy of the information or data provided to the PE which is utilized in completing the SA shall be resolved, validated, or confirmed to be correct.

(d)

Applicants for modifications to existing antenna colocations or new antenna colocations must provide a structural mount analysis (MA) which demonstrates that the antenna mount has the structural integrity to support the proposed antenna loads as outlined in the current version of "ANSI/TIA-222 Structural Standard for Antenna Supporting Structures and Antennas."

The structural analysis shall comply with the following criteria:

(1)

The MA report shall be sealed and signed by a professional engineer (PE), licensed in the Commonwealth of Virginia.

(2)

Any "assumptions" or "standard conditions" asserted by the PE relative to the maintenance or physical condition of the antenna mount shall be resolved, validated, or confirmed in writing to be correct.

(3)

New antenna mounts or modifications to existing antenna mounts will require a post-modification inspection (PMI) or post-installation inspection (PII) to certify that the modifications or installations were completed as specified in the engineering drawings and plans.

(4)

The PMI or PII report must be sealed and signed by a PE, licensed in the Commonwealth of Virginia and a copy of the report must be provided to the county prior to close out of the permit.

(e)

Applicants for structural upgrades or modifications to existing towers or antenna support structures shall provide a PMI as outlined in ANSI/TIA-222 Structural Standard for Antenna Supporting Structures and Antennas, to certify that the modifications were completed as specified in the engineering drawings and plans. The PMI shall comply with the following criteria:

(1)

The PMI or PII report must be sealed and signed by a PE, licensed in the Commonwealth of Virginia.

(2)

A copy of the report must be provided to the county prior to closing out the permit.

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

(a)

Attached wireless communication facilities.

(1)

Concealed and non-concealed.

a.

Height. The top of an attached WCF shall not be more than 20 feet above the existing or proposed building or structure.

b.

Setbacks. An attached WCF and its equipment compound shall be subject to the setbacks of the underlying zoning district. When an attached WCF is to be located on a nonconforming building or structure, then the existing permitted nonconforming setback shall prevail.

c.

Visibility. Feed lines and antennas shall be designed to architecturally match the façade, roof, wall, or structure on which they are affixed so that they blend with the existing structural design, color, and texture.

(2)

Attached non-concealed WCFs. Allowable locations: Shall only be allowed on electrical transmission towers and existing light stanchions.

(3)

Certification. At the time of application for a building permit, the applicant must provide certification by a registered professional engineer licensed in the commonwealth that the antenna support structure and/or building or structure to which the antenna will be attached has sufficient structural integrity to support the proposed antenna and feed lines in addition to all other equipment located or mounted on the structure.

(b)

Collocated or combined facilities.

(1)

Buffers. At the time of installation, the WCF equipment compound shall be brought into compliance with any applicable buffer requirements (see subsection 86-491(d)).

(2)

Antenna mounting elevations. A collocated or combined antenna or antenna array shall not exceed the maximum height prescribed in the conditional use permit (if applicable) or increase the height of an existing WCF by more than 20 feet.

(3)

Visibility. New antenna mounts shall be flush-mounted onto existing antenna support structures, or mounted in accordance with an existing CUP or site plan, as applicable.

(4)

Certification. At the time of application for a building permit, the applicant must provide certification by a registered professional engineer licensed in the commonwealth that the antenna support structure and/or building or structure to which the antenna will be attached has sufficient structural integrity to support the proposed antenna and feed lines in addition to all other equipment located or mounted on the structure.

New freestanding WCFs and equipment compounds shall be subject to the setbacks prescribed in this section.

(1)

WCFs are subject to the accessory structure setbacks for side and rear yards applicable to the zoning district in which they are located, subject to the provisions contained in this section.

(2)

For freestanding antenna support structures, if the antenna support structure is to be constructed using breakpoint design technology, the minimum distance from the nearest occupied residential structure, whether or not it is located on the same parcel, must be equal to or greater than 100 percent of the distance from the top of the structure to the highest breakpoint level of the structure.

(3)

Certification by a registered professional engineer licensed by the commonwealth of the breakpoint design and the design's fall radius must be provided together with the other information required herein from an applicant. The property owner may request a waiver to this requirement as a part of the conditional use permit or special use permit process.

(4)

For freestanding antenna support structures, if the antenna support structure has not been constructed using breakpoint design technology, the minimum distance from the nearest occupied residential structure must be equal to or greater than 110 percent of the height of the proposed antenna support structure.

(5)

Notwithstanding the provisions of section 86-18 of this Code, the road setback for pole-mounted wireless communication facilities in all districts shall be 25 feet from the edge of the easement or right-of-way line. All roads shall be deemed to have a minimum right-of-way width of 50 feet and setbacks should be measured accordingly from the edge of the right-of-way.

(6)

The setback provisions of section 86-18.1 of this Code are not affected by this subsection.

(7)

An attached, collocated, or combined WCF is subject to the setbacks of the structure to which it is attached. If the structure has a lawfully nonconforming setback, then such lawfully nonconforming setback prevails.

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

(a)

Setbacks. New freestanding WCFs and equipment compounds shall be subject to the setbacks prescribed below:

(1)

If the antenna support structure has been constructed using breakpoint design technology (section 86-13, definitions), the minimum setback distance shall be equal to 100 percent of the distance from the top of the structure to the highest breakpoint level of the structure.

(2)

Certification by a registered professional engineer licensed by the State of Virginia of the breakpoint design and the design's fall radius must be provided together with the other information required herein from an applicant.

(3)

If the antenna support structure has not been constructed using breakpoint design technology, the minimum setback distance shall be equal to 110 percent of the height of the proposed antenna support structure.

(4)

However, in all instances where the antenna support structure has not been constructed using breakpoint design technology, the minimum setback distance from the setback line of any residentially zoned property, with an inhabited residence or proposed residences, shall be at least 200 percent of the height of the entire proposed structure.

(b)

Equipment cabinets. Cabinets shall not be visible from the path of travel on the nearest public or private road. Cabinets may be provided within the principal building, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.

(c)

Fencing. All equipment compounds shall be enclosed with a fence, or wall, and gate, at least six feet in height.

(d)

Screening buffers. A screening buffer, with a minimum buffer width of ten feet, shall be provided around all antenna support structures and equipment compounds. Screening shall meet the following standards:

(1)

Landscaping consisting of one evergreen tree every ten linear feet on average, or an eight-foot tall opaque fence and gate(s), subject to the following standards:

a.

No invasive plant species may be planted.

b.

Required evergreen trees shall be planted at a minimum height of six feet.

c.

More than one species of tree shall be used when planting a landscape screen.

d.

Fences shall be constructed of wood, wrought iron, or masonry materials.

e.

Fences used to meet the screening requirements of this subsection may be counted towards meeting the requirement of subsection (b).

(2)

An evergreen hedge row planted adjacent to any road, street, or private lane, subject to the following criteria:

a.

No invasive species may be planted.

b.

Required shrubs shall be planted at a minimum height of 24 inches tall or minimum container size of three gallons.

c.

More than one species of shrub shall be used.

(3)

When existing site conditions restrict or significantly limit the implementation of the above design standards or substantially comply with the above standards, an alternative design may be accepted by the zoning administrator, provided that it substantially complies with this subsection.

(e)

Signage. Commercial messages shall not be displayed on any WCF. In addition to the provisions of article VI of chapter 86 of this Code, noncommercial signage shall be subject to the following:

(1)

The only signage that is permitted upon an antenna support structure, equipment cabinets, or fence shall be informational, and for the purpose of identifying the antenna support structure (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility; i.e., the address and telephone number, security or safety signs, and property manager signs (if applicable).

(2)

If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the antenna support structure, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contract letters (minimum height of each letter four inches) the following: "HIGH VOLTAGE - DANGER."

(f)

Lighting. Lighting on WCFs shall not exceed the Federal Aviation Administration (FAA) minimum standards. All other lighting shall be subject to the following requirements:

(1)

Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA. The lights shall be oriented so as not to project directly onto surrounding property, consistent with FAA requirements.

(2)

Any security lighting for on-ground facilities and equipment shall be in compliance with dark sky lighting standards as approved by the County.

(g)

Equipment compound. An equipment compound shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a WCF equipment compound, nor shall compound be used as habitation.

(h)

Compliance with federal standards. All WCFs must at all times comply with all state and federal standards for interference protection and emissions of electromagnetic radiation.

(i)

Sounds. No unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Generators shall not be operated at WCFs except during power outages or during testing.

(j)

Parking. One parking space is required for each antenna support structure or equipment compound. The space must be provided within the leased area, the equipment compound, or the development area shown on the site plan.

(Ord. of 1-21-2025(2025-2 meeting); Ord. of 6-16-2025(2025-9) meeting)

(a)

Owner's responsibility. It is the responsibility of the owner of a wireless communication facility to maintain it in safe and usable condition and remove it once its useful life has ended. The board of supervisors finds and declares that wireless communication facilities that fall into disrepair and become unsafe are a danger to the public health, safety, and general welfare.

(b)

Notice to repair. If the county determines that a wireless communication facility is in unsafe condition, the county administrator may issue a written notice to the owner of the wireless communication facility or the property on which it is located, or both, demanding that the nuisance be abated within 30 days or such period of time as the county building official may determine is reasonable.

(c)

Abatement of nuisance by judicial action. If a wireless communication facility is in unsafe condition and the owner does not abate the nuisance in accordance with subsection (b) above, the county attorney may institute action in the appropriate court to enjoin the nuisance. This subsection does not in any way limit other remedies that the county may pursue.

(d)

Immediate nuisance. Notwithstanding the provisions of subsections (b) and (c) above, if the county building official determines that a wireless communication facility presents an imminent and immediate threat to life or property, then the county administrator may cause such facility to be abated, razed, or removed, and the county attorney may institute action in the appropriate court to recover necessary costs incurred for the removal and for any public emergency services reasonably required to abate the nuisance.

State Law reference— Code of Virginia, § 15.2-900.