14-1.

Building Permits.

14-1-1.

Building permits shall be obtained from the Madison County Building Office. No building permit shall be issued for a structure on land that does not comply with Madison County zoning, subdivision, site plan, soil erosion and floodplain ordinances. No building permit shall be issued until a zoning permit has been issued by the Madison County Zoning Office provided a zoning permit is required. Each lot shall have (a) one approved sewage disposal system or connection, or (b) one approved drainfield area and one approved reserve drainfield area equal in size to that of the approved drainfield area (100 percent reserve). No building permit for a structure on a lot or parcel of land with access by a private road shall be issued until the private road is built. No building permit for a structure on a lot or parcel of land with access by a public road shall be issued until the public road is accepted by the Virginia Department of Transportation or until the applicant has posted a bond or line of credit approved by the Board of Supervisors as security for the construction of the public road. The applicant for a building permit shall obtain all required approvals and shall pay the costs of such approvals.

If a structure requires the permanent or temporary hookup of one or more public utilities, the utilities may not be made operational to the structure until a valid building permit or certification of occupancy for the structure is shown to a utility representative responsible for authorizing the start-up service.

14-1-2.

Application for building permits, upon approval or denial by the Building Official, may be appealed to the Building Code Board of Appeals.

14-1-3.

Deleted from Ordinance.

14-1-4.

Zoning Permits will be issued for a term of one year. In the event work specified on the permit is not completed prior to the expiration of the term of the permit, a new building permit subject to the Fee/Refund Schedule will be required.

14-1-5.

Deleted from Ordinance.

(Ord. No. 2011-4, § 3, 4-12-2011; Ord. No. 2021-7, 8-4-2021)

14-2.

Deleted from Ordinance.

14-2A.

Deleted from Ordinance.

14-2B.

Public Sewer System.

Whenever a public sewer system is required under this ordinance, said system shall be a central system constructed by the developer/owner in accordance with standards and specifications of the State Health Department and Rapidan Service Authority (RSA). If a Virginia pollution discharge elimination system (VPDES) permit issued by the State Water Control Board is required for the public sewer system, ownership of the system shall be transferred to RSA after the system has been constructed by the developer/owner, and the public sewer system shall be operated by RSA. If a VPDES permit is not required for the public sewer system, said system shall be operated by the developer/owner in accordance with standards, specifications, and requirements of the State Health Department.

14-2C.

Public Water System.

Whenever a public water system is required under this ordinance, said system shall be a central system constructed and operated by the developer/owner in accordance with standards, specifications, and requirements of the State Health Department.

14-2D.

Sanitary Sewer and Water.

No plat of survey or building permit shall be approved where individual water and septic tank systems are to be used until written approval has been secured from the Madison County Health Department. Each lot shall have one approved drainfield area and one approved reserve drainfield area. The approved drainfield area and the approved reserve drainfield area shall have a minimum area of 10,000 square feet; provided, however, additional area may be required by the Madison County Health Department.

The Madison County Health Department shall determine the suitability of soil for waste disposal systems. A conventional sewage system shall be utilized if soil conditions are acceptable. The Madison County Health Department may require the owner to submit soil percolation tests and other methods of soil evaluation to determine the suitability for sub-surface disposal.

If the Madison County Health Department determines that the site does not allow for a conventional sewage system, a non-conventional sewage system may be utilized. A maintenance and monitoring plan approved by the Madison County Health Department is required for all non-conventional sewage systems. This plan must be approved by the manufacturer of the system and remain in effect for the entire life of the system. The Madison County Health Department will determine the level of maintenance and monitoring required for each non-conventional sewage system; provided, however a minimum of semi-annual testing is required. The Madison County Health Department will supervise the correction of any non-conventional sewage system that does not comply with the approved maintenance and monitoring plan. The Madison County Health Department shall send a copy of all maintenance and monitoring reports to the Madison County Zoning Administrator.

All non-conventional sewage systems shall be designed under the supervision of a licensed professional engineer. Such system shall be designed to operate at a designated site on the proposed lot in conformance with the design requirements of the Virginia State Board of Health Sewage Handling and Disposal Regulations or other applicable regulations.

All non-conventional sewage systems will be subject to the requirements for "Conditional Construction Permits" under the Virginia State Board of Health, Sewage Handling and Disposal Regulations, related to the identification of the conditions and circumstances which form the basis for approving the proposed non-conventional sewage system and recordation of the construction permit for the system in the Clerk's Office of the Circuit Court of Madison County, Virginia.

If a subdivision contains 15 or more lots, the developer shall provide a public water and sewer system to serve said lots. A public water system shall be constructed and operated by the developer/owner in accordance with standards, specifications, and requirements of the State Health Department. A public sewer system shall be constructed by the developer/owner in accordance with standards, and specifications and requirements of the State Health Department. A public sewer system shall be constructed by the developer/owner in accordance with standards, specifications, and requirements of the State Health Department and the Rapidan Service Authority (RSA). If a Virginia pollution discharge elimination system (VPDES) permit issued by the State Water Control Board is required for the public sewer system, ownership of the system shall be transferred to RSA after the system has been constructed by the developer/owner, and the public sewer system shall be operated by RSA. If a VPDES permit is not required for the public sewer system, said system shall be operated by the developer/owner in accordance with standards, specifications and requirements of the State Health Department.

A subdivision within a Business, General, B-1, Industrial, Limited M-1, or Industrial, General, M-2 zone may be approved by the Madison County Health Department if it has received a permit from the State Water Control Board for a sewage treatment facility with discharge into an all weather system.

(Ord. No. 2021-7, 8-4-2021)

14-3.

Special Use Permits.

There are three types of special use permits: (1) temporary (2 year); (2) temporary (5 year); and (3) indefinite. The type must be indicated by the applicant in his/her request.

14-3-1.

Temporary (two-year) permit: If the special use permit is granted, the use may be performed for two years. At least 60 days prior to the expiration of the permit, the Administrator shall notify the permit holder by registered mail or other witnessed method that the permit will terminate on a certain date. It shall be the responsibility of the permit holder to reapply for the special use permit if he/she desires to continue such use.

14-3-2.

Temporary (five-year) permit: If the special use permit is granted, the use may be performed for the five years. At least 90 days prior to the expiration of the permit, the Administrator shall notify the permit holder by registered mail or other witnessed method that the permit will terminate on a certain date. It shall be the responsibility of the permit holder to reapply for the special use permit if he/she desires to continue such use.

14-3-3.

Indefinite Permit: If the special use permit is granted, the permit holder may continue the use indefinitely.

14-3-4.

Revocation of Special Use Permit:

If during the period of use the Board of Supervisors, on complaint filed, determines that the use is a serious nuisance or danger, or that the owner or operator of the use covered by the Special Use Permit has failed to observe all laws with respect to the maintenance and conduct of the use or any conditions in connection with the permit that were attached when the permit was issued, or that the applicant for a special use permit made a material misrepresentation when the permit was obtained, the Board of Supervisors may revoke the special use permit after notice and hearing pursuant to Code of Virginia, § 15.1-431, as amended, and, upon revocation as set forth above, the user shall have 90 days from the date of the notice to terminate the use.

14-3-5.

Permit holders may continue any valid operation during the course of and pending a decision of an appeal to the higher appropriate authority. Decisions rendered are effective on that date, unless specified otherwise in the decision of revocation.

14-4.

Standards for issuance of special use permits.

Special Use Permits shall be issued by the Board of Supervisors following consideration by the Planning Commission and the Board of Supervisors of applications for such permits. Special Use Permits must comply and be in harmony with the terms, purposes, and intent of this Zoning Ordinance as it applies to the relevant Zoning District. In acting upon applications for special use permits, the Planning Commission and the Board of Supervisors respectively may recommend/impose conditions to such permits. For special uses which require approval of the Madison County Health Department and/or the Virginia Department of Transportation, such approvals, or evidence of action by the applicant to obtain such approvals, shall be part of application presented to the Planning Commission and the Board of Supervisors. The Planning Commission may conditionally recommend, and the Board of Supervisors may conditionally approve, special use permit applications prior to their receiving Health Department and/or VDOT approval, but a conditionally approved special use permit will not become effective until written proof of such approval(s) is submitted to and accepted in writing by the Madison County Zoning Administrator. A Special Use Permit shall not be required for any brief activity(ies) in a given Zoning District that is/are:

(1)

Consistent with the "by right" or "special use" activities permitted in that District, and

(2)

Conducted for no more than a cumulative 15 days in any calendar year:

(Ord. No. 2019-1, 1-2-2019; Ord. No. 2021-9, 8-4-2021)

14-4-1.

No such special use permit shall be heard except after public notice has been given in accordance with the requirements of Code of Virginia, § 15.1- 431, as amended.

14-4-2.

The Board of Supervisors, following recommendation by the Planning Commission, may grant, conditionally, the application for the special use permit, when in its judgment such special use permit application complies with the following standards:

(a)

Such use shall not be objectionable by reason of smoke, dust, order, or vibration.

(b)

The use shall not tend to change the character and established pattern of development of the area in which it wishes to locate.

(c)

The use shall be in harmony with the intent of the zoning district, and shall not adversely affect the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use.

(d)

The location and height of buildings, the location of walls, fences, screening, entrances, lighting, parking and the nature of landscaping on the site shall be such that the use will not hinder or discourage the appropriate use and development of adjacent land and buildings or impair the value thereof.

(e)

Such use will be in conformity with the intent and recommended land use of the Comprehensive Plan for Madison County, Virginia unless it can be shown that the Comprehensive Plan for Madison County, Virginia is in error with respect to the subject property.

(f)

The proposed use shall not violate any ordinance of Madison County or any law of the Commonwealth of Virginia.

(g)

The safety and movement of vehicular traffic upon adjacent streets or roadways will not be adversely affected.

(h)

Such use will not have an adverse economic or physical impact on the public facilities of Madison County.

14-4-3.

The Board of Supervisors in granting a special use permit may impose reasonable conditions such as but not limited to:

(a)

Abatement or restriction of noise, light, smoke, dust, soil erosion, or other element that may affect surrounding properties.

(b)

Establishment of setback, side, front and rear yard requirements necessary for orderly expansion and prevention of traffic congestion.

(c)

Provision for adequate ingress and egress to public streets and roads, as well as proper drainage control on the site.

(d)

Providing adjoining property with screening or shielding from view of the proposed use.

(e)

Limiting the hours of operation.

(f)

Providing that the use shall terminate upon the sale or transfer of the property by the applicant.

14-4-4.

Appeals - Special Use Permits.

The decision of the Board of Supervisors on an application for a special use permit may be appealed to the Circuit Court of Madison County, Virginia, by the applicant or any aggrieved party.

(Ord. No. 2021-9, 8-4-2021)

14-5.

Abandonment of Special Use Permit.

Whenever a special use permit is issued, the activity authorized thereby shall be established, and any construction authorized shall be diligently prosecuted within such time as the Board of Supervisors may have specified, or, if no such time has been specified, then within one year after the effective date of such permit, unless an extension shall be granted by the Board of Supervisors after recommendation from the Planning Commission because of occurrence of conditions unforeseen at the time of granting the special use permit. If construction has not commenced within a period of one year, unless same is extended as set forth above, such permit shall terminate.

If a temporary special use is not performed for one year (365 days continuously not performed) or if an indefinite permitted use is not performed for two years (730 days continuously not performed), the use is considered abandoned and the special use permit shall terminate.

14-5-6.

Special Use Permit Upon Property Sale or Transfer.

Unless otherwise provided by conditions imposed under article 14-4-3, a special use permit shall not terminate upon the sale or transfer of the property by the applicant.

14-5-7.

Tabling of Special Use Permit Request.

When applicant tables a special use permit request, action must be taken by the Board of Supervisors within 180 days from the date of the first tabling request by applicant, or the request shall be voided.

(Ord. No. 2011-4, § 3, 4-12-2011)

14-6.

Conditional Zoning.

Any landowner applying for rezoning may also voluntarily proffer in writing such conditions to regulate use of said land and such conditions shall have the same force and effect as the regulations provided for the zoning district or zone by this ordinance.

Prior to approving a rezoning request, the governing body may accept proffered conditions providing such conditions conform to the provisions of Code of Virginia, §§ 15.1-491 through 491.6, as amended.

Before any proffered condition shall be accepted as part of the rezoning, the governing body shall hold a public hearing in accordance with Code of Virginia, § 15.1-431, as amended.

14-7.

Uses Not Provided For.

14-7-1.

If in any zone established under this ordinance a use is not specifically permitted, it is prohibited. If an application is made by a property owner to the Administrator for such use, the Administrator shall refer the application to the Planning Commission. After a public hearing in accordance with Code of Virginia, § 15.1-431, as amended, the Planning Commission shall make its recommendations to the Board of Supervisors to:

(a)

Amend the ordinance to allow the use within the zone by right;

(b)

Amend the ordinance to allow the use within the zone with a special use permit;

(c)

Rezone the area and thereby allow the use; or

(d)

Deny the use in that zone.

14-7-2.

If the Planning Commission fails to make a recommendation to the Board of Supervisors within 90 days after the first regular meeting of the Planning Commission after the application has been referred to it, the Board of Supervisors shall assume that the Planning Commission concurs with the applicant for the use as requested; provided, however, the aforesaid 90-day period may be extended with the consent of the applicant.

14-7-3.

The Board of Supervisors shall then, on request of the applicant, proceed to treat the application as a request to amend the zoning ordinance, in accordance with the public hearing and notice requirements established in Code of Virginia, § 15.1-431, as amended.

14-8.

Widening of Highways and Streets.

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

14-9.

Minimum Off-Street Parking.

There shall be provided at the time of erection of any main building or at the time any main building is enlarged, or for outdoor event venues, minimum off-street parking space with adequate provisions for entrance and exit by standard sized automobile. Two hundred square feet (ten feet by 20 feet) of lot or floor area shall be deemed parking space for one vehicle, excluding the necessary space for turning movements and aisles. Aisles for two-way drives (90-degree parking) shall be at least 22 feet wide and for angle parking, one way, at least 16 feet in width. All parking spaces and access driveways shall be covered with an all-weather surface, and shall be graded and drained to dispose of surface water. However, no surface water from any parking area shall be permitted to drain onto adjoining property unless permitted by an overall drainage plan approved by all parties affected.

(Ord. No. 2020-19, 10-7-2020)

14-9-1.

A driveway or parking space shall be at least three feet from a property line and no parking space for a multiple-family dwelling shall be less than ten (10) feet from a residential structure. No parking space shall allow overhang of vehicles to walkways or roadways.

14-9-2.

The parking spaces required for one-, two- and three-family dwellings shall be located on the same lot as the dwelling; the parking spaces required for all other land uses shall be located on the same lot as the principal use or on a lot which is within 300 feet of the principal use, such distance to be measured along lines of public access to the property.

14-9-3.

Collective provision of off-street parking facilities for two or more structures or uses is permissible, provided that the total number of parking spaces is at least equal to the sum of the minimum number of required spaces computed separately for each use. Collective parking is subject to all other stated parking requirements.

14-9-4.

Minimum off-street parking spaces accessory to the use hereinafter designated shall be provided as follows, except that the required space may be reduced as approved by the Planning Commission, when the capacity and use of a particular building is changed in such a manner that the new use or capacity would require less space than before the change.

14-9-5.

In all residential districts there shall be provided in a private garage or on the lot, space for the parking of two automobiles for each family dwelling unit in a new building, or each family dwelling unit added in the case of the enlargement of an existing building, except a multiple-family dwelling used as housing for older persons shall have space for the parking of one automobile for each bedroom located therein.

14-9-6.

Hotels and motels shall provide on the lot, parking space for one automobile for each guest room or dwelling unit, plus such spaces as are required for restaurants, assembly rooms and affiliated facilities in the hotel or motel.

14-9-7.

Tourists house, boarding house or rooming house shall provide on the lot one space for each guest accommodation.

14-9-8.

For churches, school auditoriums, theaters, general auditoriums, stadiums, event venues and other similar places of assembly, there shall be provided at least one (1) off-street parking space for every four (4) fixed seats, based on the maximum seating capacity in the main place of assembly for the building. For assembly halls without fixed seats, there shall be provided one (1) parking space for each one hundred (100) feet of gross floor area. For outdoor event venues without fixed seating, there shall be provided sufficient parking for customers/visitors and staff members or owner(s). Parking on public roads and their right-of-ways is prohibited. For elementary and intermediate schools, one parking space for each faculty and staff member and other fulltime employees, plus four spaces for visitors in addition to the requirements of the auditorium. For secondary schools, one parking space per faculty and staff member and other fulltime employees, plus one parking space per ten students, based on the maximum number of students attending classes at any one time, in addition to the requirements of the auditorium. Parking space already provided to meet off-street parking requirements for stores, office buildings and industrial establishments situated within 300 feet of the place of public assembly as measured along lines of public access, and which are not normally in use on Sundays or between the hours of 6:00 p.m. and midnight on other days, may be used to meet not more than 75 percent of the off-street parking requirements of a church or other similar place of public assembly.

(Ord. No. 2020-20, 10-7-2020)

14-9-9.

For hospitals, there shall be provided at least one parking space for each two beds based on the maximum capacity in terms of beds, including those of infants and children.

14-9-10.

For funeral homes, one space per four seats in the main chapel or parlor, plus one parking space per two employees.

14-9-11.

For retail stores selling direct to the public, one parking space for each 150 square feet of retail floor space in the building.

14-9-12.

For office buildings, offices for professionals, and personal service establishments, there shall be provided one parking space for each 200 square feet of floor space.

(Ord. No. 2024-ZOA-07-03-01, 8-7-2024)

14-9-13.

For medical and dental clinics, three parking spaces per examination or treatment room.

(Ord. No. 2024-ZOA-07-03-01, 8-7-2024)

14-9-14.

For industrial establishments or wholesale establishments, there shall be provided one parking space for each two employees computed on the basis of the maximum number of individuals employed within an eight-hour shift, plus space to accommodate all trucks and other vehicles used in connection therewith.

14-9-15.

Any commercial building not listed above and hereafter erected, converted, or structurally altered, shall provide one parking space for each 150 square feet of business floor space in the building.

14-9-16.

Every parcel of land hereafter used as a public parking area shall be surfaced with gravel, stone, asphalt, or concrete. It shall have appropriate protective barriers where needed as determined by the Administrator. Any lights used to illuminate said parking areas shall be so arranged as to reflect the light away from adjoining premises in a residential district.

14-10.

Required On-Site Loading Space.

14-10-1.

All on-site loading space shall be provided on the same lot with the use to which it is appurtenant.

14-10-2.

Loading spaces shall be provided in addition to, and exclusive of, the parking requirements on the basis of:

a.

One space for the first 8,000 square feet of commercial area, plus one space for each additional 20,000 square feet of commercial area;

b.

One space for the first 8,000 square feet of office space, plus one space for each additional 20,000 square feet of office space; or.

c.

One space for the first 10,000 square feet of industrial floor area, plus one space for each additional 20,000 square feet of industrial floor area.

14-10-3.

Additional loading spaces may be required during review of the site development plan.

14-10-4.

Such on-site loading space shall be a minimum of 15 feet in width, 15 feet in clearance height, and a depth sufficient to accommodate the largest delivery trucks serving the establishment, but in no case shall such length be less than 25 feet. Longer spaces may be required for use by vehicles exceeding 25 feet in length.

14-10-5.

All on-site loading areas shall be a dustless surface and shall be maintained in a smooth, well graded condition. Each off-street loading space shall be designed so as not to impede any required parking spaces, or any pedestrian or vehicular circulation on the sidewalk or public street.

14-11.

Location of Gasoline Dispensing Pumps and Islands.

14-11-1.

All appliances for dispensing gasoline installed outside of enclosed buildings shall be located either: (A) a minimum of 12 feet from the street or roadway right-of-way when the pump island is situated parallel to the roadway; (B) a minimum of 20 feet from the street or roadway right-of-way when the pump island is situated at an angle of from one to 45 degrees to the roadway; or (C) a minimum of 30 feet from the street or roadway right-of-way when the pump island is situated at an angle of 46 to 90 degrees to the roadway.

14-12.

Provisions for Corner Lots.

14-12-1.

The front of a corner lot shall be the side where the driveway entrance is or will be located as approved by the Virginia Department of Transportation.

14-12-2.

The side yard on the side facing the side street shall be 35 feet or more for both main and accessory buildings.

14-13.

Wireless Communications Facilities.

14-13-1.

Purpose and goals.

The purpose of this ordinance is to establish guidelines for the siting of wireless communications facilities (WCF). The goals of this ordinance are to:

(A)

Minimize the total number of freestanding antenna support structures throughout the County, by maximizing the use of existing support structures;

(B)

Strongly encourage the joint use of new and existing WCF sites;

(C)

Strongly encourage the owners and operators of WCFs to locate them, to the extent possible, in areas where the adverse impact on the County is minimal;

(D)

Limit the location of freestanding antenna support structures that detract from the scenic qualities of Madison County;

(E)

Encourage the owners and operators of WCFs to locate and configure them in a way that minimizes the adverse visual impact on the landscape and adjacent properties; and

(F)

Enhance the ability of wireless communications providers to provide such services efficiently and effectively to residents and visitors of Madison County.

14-13-2.

Applicability.

(A)

Generally. The requirements set forth in this ordinance shall govern the location of WCFs installed in any zoning district.

(B)

Amateur Radio; Receive-Only Antennas. This ordinance shall not apply to any amateur radio antenna or support structure having a combined height of less than 200 feet, or any receive-only antenna and its support structure used for non-commercial purposes.

(C)

Emergency facilities. This ordinance shall not apply to a temporary, commercial WCF, upon the declaration of a state of emergency by Federal, State, or County government, for the duration of the emergency and for a period of up to three months thereafter. Any such WCF must comply with all federal and state requirements.

(D)

Special events. This ordinance shall not apply to a temporary, commercial WCF established for the purpose of providing coverage of a special event (such as news coverage or a sporting event), for the duration of the event and for a period of up to one week thereafter. Any such WCF must comply with all federal and state requirements.

14-13-3.

Permitted Uses.

The following are deemed to be uses permitted by right in every zoning district, provided that they meet the requirements of section 14-3-6:

(A)

Installation of a new freestanding WCF less than 100 feet or less in height;

(B)

Installation of a concealed WCF;

(C)

Installation of an attached WCF, including installation of a WCF on a telephone or electric utility company's existing utility pole or on an existing light stanchion, provided that the top of the attached WCF is no more than 20 feet above the building or structure to which it will be attached.

(D)

Mitigation of an existing WCF, except in circumstances where the mitigation of an existing un-illuminated WCF results in a WCF that is required to be illuminated;

(E)

An antenna co-located or combined on an existing support structure of any height, provided that:

(i)

The addition of said antenna adds no more than 20 feet to the height of the existing support structure;

(ii)

The addition of the antenna does not require expansion of the footprint of the support structure or the associated equipment compound; and

(iii)

The equipment compound shall be brought into compliance with applicable landscaping requirements; and

(F)

Replacement of an antenna, antenna element, or support structure, where such device or structure will be replaced with another that is of identical or reduced size and weight, and has identical or reduced wind load properties.

14-13-4.

Uses Requiring a Special Use Permit.

Except as provided in section 14-13-3, a WCF shall be allowed only by special use permit.

14-13-5.

Alternatives hierarchy.

The following is a listing, in order of preference, of the types of WCF facilities preferred by the County:

(1)

Attached WCFs.

(2)

WCFs co-located or combined on an existing WCF.

(3)

Mitigation of an existing WCF.

(4)

Concealed freestand WCF.

(5)

Non-concealed WCF.

14-13-6.

General Requirements.

The requirements set forth in this section shall apply with respect to the location of each WCF governed by this ordinance.

(A)

Authorization and approvals required.

(i)

Any WCF permitted by right under this ordinance must be authorized pursuant to a written verification of the Zoning Administrator that the facility will meet all applicable requirements of this ordinance, and no building permit shall be issued for any WCF until this verification has been provided. Such verification shall be provided by the Zoning Administrator within a reasonable time after receipt of all required application materials, not to exceed 60 days. If the Zoning Administrator determines that a WCF fails to meet the requirements of this ordinance, then the Zoning Administrator shall provide written notice to the applicant, identifying which requirements are not satisfied, and shall give the applicant an opportunity to provide additional information demonstrating compliance. If such additional information is not provided within ten days then the Zoning Administrator's determination of noncompliance shall become final. Appeals from a decision of the Zoning Administrator shall be to the Board.

(ii)

The approval of a WCF that is subject to the requirement of a special use permit shall be governed by the process set forth in section 14-3 of the zoning ordinance. Additionally:

(a)

In determining whether a WCF is in harmony with the surrounding area, and whether the WCF will have an adverse impact on adjacent properties, the County will consider the aesthetic impacts of the WCF in addition to other relevant factors.

(b)

The County may condition approval on changes in WCF height, design, style, buffers, or other features of the WCF, or on changes to the surrounding area. Such changes need not result in performance identical to that of the original application.

(c)

Factors relevant to consideration aesthetic effects include: protection of the view in sensitive or particularly scenic areas; protection of the view from unique natural features; scenic roadways and historic sites; the concentration of WCFs in the vicinity of the proposed WCF; and whether the height, design, placement or other characteristics of a proposed WCF could be modified to have a less intrusive visual impact.

(d)

If the County determines that the proposed additional service, coverage or capacity to be achieved by a proposed new WCF can be achieved by use of one or more existing WCFs, it may disapprove the proposed WCF application.

(iii)

Prior to issuance of a building permit, the following shall be provided to the building official with respect to any support structure more than 100 feet in height:

(a)

A structural analysis of the proposed support structure prepared by an engineer, indicating the proposed and future loading capacity of the antenna structure; and

(b)

Proof of compliance with Subpart C of Federal Aviation Regulations, Part 77, "Objects Affecting Navigable Airspace," or a certification that such regulations are not applicable.

(iv)

The County reserves the right to require a supplemental review for any WCF, in order to determine whether the WCF meets the requirements of this ordinance, subject to the following:

(a)

Due to the complexity of the methodology or analysis required to review an application for a wireless communication facility, the County may require the applicant to pay for a technical review by a third-party expert, the cost of which shall be borne by the applicant in addition to other applicable fees, not to exceed 2 ½ times the amount of the applicable zoning application fee.

(b)

Based on the results of the expert review, the County may require changes to the applicant's application or submissions.

(c)

A supplemental review may address any or all of the following:

(1)

The accuracy and completeness of the application and accompanying information;

(2)

The applicability of analysis techniques and methodologies;

(3)

The validity of conclusions reached;

(4)

Whether the proposed WCF complies with applicable approval criteria;

(5)

Other analysis deemed by the County to be relevant to determining whether a proposed WCF complies with the requirements of this ordinance.

(v)

Whenever a third party desires to co-locate on any support structure approved under this section, the support structure owner shall notify the Zoning Administrator, in writing, of the proposed co-location and of the proposed antenna mounting height on the support structure. The County shall have a right of first refusal to lease the co-location space, rent free, for emergency communications purposes, provided adequate space and structural capacity exists for the County's proposed use. The County must exercise this right by written notice within 30 days of receiving notice of the proposed co-location.

(B)

Visibility. Each WCF and related buildings, structures and equipment shall be configured and located in a manner that shall minimize adverse visual impacts on the landscape and adjacent properties.

(i)

Each WCF shall be designed to be compatible with the height, scale, color, and texture of existing structures and landscapes, as applicable.

(ii)

Each new antenna shall be flush-mounted, unless it is demonstrated through radio frequency propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.

(iii)

An attached WCF shall be designed to complement the facade, roof, wall or other portion of the building structure to which it is affixed, so it blends with the existing design, color and texture of the structure.

(C)

Height. Each WCF shall be of the least height necessary to meet the needs of the geographic area to be served by the facility, not to exceed 199 feet, except that in R-1, R-2 and R-3 zoning districts the maximum height of a WCF shall be 125 feet. Height calculations shall include above-ground foundations, but shall exclude lightning rods and lights required by the FAA which do not provide any support for antennas. In the event an applicant provides indisputable technical data demonstrating that a WCF service area would be so substantially compromised that there would be a requirement of additional WCFs within a distance of two miles, then the County may approve additional height. Each WCF that exceeds 199 feet in height shall be subject to a requirement that 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 support structure at such time as the wireless network has developed to the point that a height of 199 feet or less can be justified.

(D)

Monopoles preferred. Each freestanding, non-concealed WCF shall utilize a monopole support structure or utility pole. Upon request of an applicant, the County may approve a different type of support structure if the applicant demonstrates to the satisfaction of the County through the submission of technical data that a monopole structure is not appropriate to accommodate the intended uses.

(E)

Design for co-location.

(i)

Each freestanding WCF up to 120 feet in height shall be engineered and constructed to accommodate no fewer than three co-located WCFs.

(ii)

Each freestanding WCF that is 121 feet up to 150 feet in height shall be engineered and constructed to accommodate no fewer than four co-located WCFs.

(iii)

Each freestanding WCF that is 151 or more feet in height shall be engineered and constructed to accommodate no fewer than six WCFs.

(F)

Grading. Grading shall be minimized and shall be limited to the area necessary for the new WCF and associated equipment compound and fencing.

(G)

Lighting. Lighting of a WCF shall comply with the following:

(i)

There shall be no lighting of any WCF except as specifically required by federal statute or FAA regulations.

(ii)

All FAA required lighting shall be of the minimum intensity and/or number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. In cases where residential uses are located within one-quarter mile of the WCF, then dual mode lighting shall be requested from the FAA.

(iii)

Security lighting for ground-level accessory equipment shall be down-shielded and of a type and intensity consistent with generally accepted dark sky lighting standards.

(H)

Setbacks. Support structures and related accessory equipment shall comply with the following setback requirements:

(i)

If a freestanding support structure is to be constructed using breakpoint design technology, then the minimum setback shall be a distance equal to 110 percent of the distance from the highest point on the structure to the breakpoint level of the structure. Certification by an engineer of the breakpoint design and of the design's fall radius must be provided at the time of application, along with the other information required by this ordinance.

(ii)

If a freestanding support structure is not to be constructed using break-point design technology, then the minimum setback distance for any such structure more than 100 feet in height shall be equal to 110 percent of the height of the proposed support structure.

(iii)

The setback of any support structure from an abutting property may be reduced if an easement is obtained from the owner of the abutting property that restricts development within that portion of the fall zone which would extend onto the abutting property. Such fall zone easement shall be created by deed, acceptable to the County Attorney, and it shall be recorded subsequent to the County approval of any zoning applications and prior to the issuance of a building permit for the support structure. The setback of any support structure from the right-of-way for a public street may be reduced upon approval of VDOT and the County, without need for a fall zone easement.

(iv)

All other WCFs shall be subject to the setbacks of the underlying zoning district, however, if an existing building or structure that is nonconforming as to any setback will serve as the support structure for a proposed WCF, then the existing nonconforming setback shall apply.

(I)

Equipment cabinets and compounds.

(i)

Equipment cabinets more than three feet in height shall not be visible from ground level. Cabinets may be located within a principal building, behind a screen on a rooftop, or on the ground within a fenced-in compound with landscape screening.

(ii)

Where required, landscape screening shall consist of a ten-foot wide buffer planted with evergreen trees, minimum two inches caliper, 25-feet on center, evergreen shrubs capable of creating a continuous hedge and obtaining a height of at least five feet, plant five-feet on center, minimum three-gallon or 24 inches tall at the time of planting; or a combination of both. Alternative landscape plans or materials may be approved by the County, upon a determination by the County that a reasonably equivalent level of screening will be achieved. Existing mature tree growth and natural land forms on the property containing a WCF site shall be preserved to the maximum extent possible, and may be used in lieu of the required landscape screening, in whole or in part, upon a determination that a reasonably equivalent level of screening will be achieved.

(iii)

Equipment compounds shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed within a compound, and no compound may be utilized as habitable space.

(J)

Fencing. All freestanding support structures and associated equipment compounds shall be enclosed by a fence adequate to preclude to prelude unauthorized only.

(K)

Signs. No signs shall be permitted on any WCF, other than the following:

(i)

Signs required by the FAA or FCC shall be permitted;

(ii)

Informational signs shall be permitted for the purpose of identifying the support structure (such as an ASR registration number), contact information for the party responsible for operation and maintenance of the facility, and contact information for the property manager (if applicable); and

(iii)

Warning signs shall be permitted, if more than 220 volts are necessary for the operation of the facility and such voltage is present in a ground grid or in the antenna support structure. Any such signs shall be posted at 20-foot intervals on the fence or wall surrounding the facility and shall display in large, bold, high-contrast letters (minimum 4 inches in height) the words "DANGER—HIGH VOLTAGE."

(L)

Federal standards for interference protection. Each WCF shall comply with all applicable federal laws and regulations regarding interference protection, including but not limited to federal regulations regarding adjacent channel receiver (blanket) overload and inter-modulation distortion. Each applicant seeking an approval required by this ordinance shall provide a written certification at the time of application that the subject WCF shall comply with such regulations.

(M)

Federal standards for radio frequency emissions. Each WCF shall comply with all applicable federal laws and regulations regarding radio frequency emissions. At the time of application, the applicant shall provide a certification that radio frequency emissions from the WCF comply with FCC standards, and that, individually and cumulatively, and together with any other facilities located on or immediately adjacent to the proposed WCF, the proposed WCF complies with FCC standards. The certification shall be accompanied by a statement of the qualifications of the person providing the certification.

(N)

Compliance with ANSI standards. Each WCF shall comply with American National Standards Institute (ANSI) standards, as adopted by the FCC, pertaining to electromagnetic radiation. Each applicant seeking an approval required by this ordinance shall provide a written certification at the time of application that the subject WCF shall comply with such standards.

(O)

Safety.

(i)

Each WCF and its accessory equipment shall be constructed in compliance with requirements of the Virginia Uniform Statewide Building Code.

(ii)

Any time an antenna is added to an existing WCF located on a support structure in excess of 100 feet, the owner or operator of the antenna shall provide the County with an engineer's certification that the WCF can structurally accommodate the total number of antenna to be located on the WCF.

(P)

Sounds. No unusual sound emissions, such as alarms, bells, buzzers, etc., are permitted.

(Q)

Abandonment.

(i)

A WCF and its accessory equipment shall be removed, at the owner's expense, within 180 days of cessation of use, unless the abandonment is associated with a replacement support structure, in which case the removal shall occur within 90 days of cessation of use.

(ii)

A support structure which remains unoccupied by any antenna for a period of 180 consecutive days ("vacancy period") shall be removed within 60 days of the last day of the vacancy period, at the owner's expense.

(iii)

An owner who wishes to extend the time for removal shall submit an application stating the reason for the proposed extension. The Board may extend the time for removal or reactivation upon a showing of good cause.

(iv)

If the WCF or vacant support structure is not removed within the time period required by this subparagraph, the County may give written notice that it will contract for removal of the WCF within 30 days following the notice. Thereafter, the County may cause removal of the WCF and the owner or corporate surety, if any, shall be responsible for payment of all costs incurred by the County to do so.

(v)

Upon removal of a WCF and its accessory equipment, the site shall be returned to its natural state and topography, and shall be vegetated consistent with the natural surroundings or the current uses of the surrounding or adjacent land at the time of the removal.

14-13-7.

New freestanding WCF.

(A)

No new or mitigated freestanding WCF shall be permitted unless the applicant demonstrates that no existing WCF can accommodate the WCF facilities or is suitable, as to design or location.

(B)

In any R-1, R-2, or R-3 zoning district, new freestanding WCFs (other than those mounted on a utility pole) shall only be permitted on lots whose principal use is not single-family residential.

14-13-8.

Mitigation of existing freestanding WCF.

(A)

An existing WCF may be modified in order to mitigate the impact of that facility. Mitigation must accomplish a minimum of one of the following objectives: (i) reduce the number of WCFs; (ii) reduce the number of nonconforming WCFs; or (iii) replace an existing WCF with a new WCF to improve network functionality resulting in compliance with this ordinance. No WCF shall be mitigated more than one time. Upon completion of mitigation, the owner of the mitigated WCF shall provide the County with evidence that at least one of the above-referenced objectives has been achieved.

(B)

The height of a mitigated WCF shall not exceed 115 percent of its original height.

(C)

A new WCF approved for mitigation of an existing WCF shall not be required to meet new setback standards, so long as the new WCF and its equipment compound are no closer to any property lines or dwelling units than the facility being mitigated.

(D)

Except as set forth within paragraphs (B) and (C), above, a mitigated WCF shall be brought into compliance with the requirements of 14-3-5.

14-13-9.

Interference with public safety communications.

In order to facilitate the regulations, placement and construction of each WCF, and to ensure that all parties are complying to the fullest extent possible with the rules, regulations, and guidelines of the FCC, each owner of a WCF, and each applicant (if different than the owner) shall agree in a signed written statement to the following:

(1)

Compliance with "Good Engineering Practices" as defined by the FCC in its rules and regulations.

(2)

Compliance with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference (RFI).

(3)

In the case of an application for co-located telecommunications facilities, best efforts will be made to provide a composite analysis of all users of the site, to determine that the proposed facility will not cause radio frequency interference with the County's public safety communications equipment and will implement appropriate technical measures to attempt to prevent such interference.

(4)

Whenever the County encounters radio frequency interference with its public safety communications equipment, and it believes that the interference has been or is being caused by a WCF, then:

(i)

The County will notify the WCF service provider of possible interference with the public safety communications equipment. Upon such notification, the owner shall utilize its best effort to cooperate and coordinate with the County and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety "Best Practices Guide" released by the FCC in February 2001, including the "Good Engineering Practices," as such have been or may be amended or revised by the FCC from time to time.

(ii)

If the WCF owner fails to cooperate with the County in complying with its obligations under this subsection, or if the FCC makes a determination of radio frequency interference with the County's public safety communications equipment, the owner who failed to cooperate or whose facility caused the interference shall be responsible for reimbursing the County for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the County to determine the source of the interference. For purposes of this subsection, failure to cooperate shall include failure to initiate any response or action described in the "Best Practices Guide" within 24 hours of the County's notice.

14-13-10.

Submission requirements.

(A)

For each proposed WCF, an applicant shall submit a completed application form and required application fees (as set forth on the most recent fee schedule approved by the Board) along with a site plan containing or supported by the following information:

(1)

An affidavit by a radio frequency engineer certifying compliance with the alternatives hierarchy set forth in section 14-13-5. If a lower-ranking alternative is proposed, the affidavit must provide specific factual information explaining why higher-ranked options are not technically feasible, practical, or justified;

(2)

Evidence of the current ownership of the subject property;

(3)

If the applicant is not the property owner, proof that the applicant is authorized to act upon the owner's behalf;

(4)

All applicable certifications, assurances, and written agreements required by this ordinance;

(5)

Proposed maximum height of the WCF, inclusive of the base, the antenna support structure, antennas and lighting rods;

(6)

Proposed exterior paint and stain samples for any components to be painted or stained;

(7)

GPS coordinates for the WCF;

(8)

Antenna mounting elevations and power levels of the proposed antenna, and all of the mounting elevations and power levels of any other WCF facilities located on the same site;

(9)

Materials detailing the locations of existing WCFs to which a proposed WCF will be a handoff candidate, including GPS coordinates, latitude, longitude, and power levels of the proposed and existing antennas;

(10)

A radio frequency propagation plot, indicating the coverage of the applicant's existing WCF sites, coverage prediction, and design radius, together with a certification from the applicant's radio frequency engineer that the proposed facility's coverage or capacity potential cannot be achieved by any higher-ranked alternative; and

(11)

A map showing the designated search ring.

(B)

The following information shall be provided, in addition to the requirements of subparagraph (A), above, for any WCF which requires approval of a special use permit:

(1)

Two sets (24 inches x 36 inches) of a site plan for the proposed WCF, signed and sealed by a surveyor or engineer licensed by the Commonwealth of Virginia, including antenna support structure elevations, plans for any landscaping and fencing required, plus 17 sets (11 inches x 17 inches). Each site plan shall meet applicable requirements of the County's site plan ordinance.

(2)

One original and two copies of a survey of the proposed WCF site, signed by a professional surveyor licensed in the Commonwealth of Virginia.

(3)

Photo-simulated post-construction renderings of the completed WCF, from locations to be determined during a pre-application conference with the Zoning Administrator.

(4)

A balloon test for any proposed freestanding WCF in excess of 100 feet, in order to demonstrate the height of the proposed WTF. The applicant shall arrange to raise a colored balloon, no less than three feet in diameter, at the maximum height of the proposed WTF, and within 50 horizontal feet of the center of the proposed antenna support structure.

a.

The applicant shall inform the Zoning Administrator and adjacent property owners in writing of the date and times of the test, at least 14 days in advance. The date, time and location of the balloon test shall be advertised in a locally distributed paper by the applicant, once per week for two weeks in advance of the test date. The balloon shall be flown for a least four consecutive hours during daylight hours on the date chosen. The applicant shall record the weather during the balloon test.

b.

Re-advertisement will not be required if inclement weather occurs—the original advertisement should direct readers to an alternate date.

(5)

A report and supporting technical data demonstrating that all potentially usable elevated structures within the proposed service area, and alternative antenna configurations, have been examined and found unacceptable, for one of the following reasons:

a.

No existing WCF in the geographic area meets the applicant's engineering requirements, and a written statement explaining in detail the requirements and the reason for this conclusion.

b.

No existing WCF in the geographic area is of sufficient height to meet the applicant's engineering requirements or can be increased in height to meet those requirements, and a written statement explaining in detail the requirements and the reason for this conclusion.

c.

No existing WCF in the geographic area has sufficient structural integrity to support the applicant's proposed WCF or can be sufficiently improved to provide such support, and a written statement identifying the specific WCFs that were investigated and the reasons for this conclusion.

d.

Other limiting factors render other existing WCFs in the geographic area unsuitable, and a written statement explaining in detail the reasons for this conclusion.

(6)

A written statement, supported by technical data identifying any existing service gap that will be addressed by the proposed WCF, and accompanying maps and calculations, or other data demonstrating the service gap. For the purpose of this paragraph, the term "service gap" means a defined geographic area in which there is a demonstrable, consistent absence of any signal.

(7)

List of property owners within 1,000 feet in agriculturally zoned, and 500 feet in all other districts, of the subject property. The list must be compiled from the most current ownership information supplied by the Commissioner of Revenue's office.

(8)

A written statement that the proposed WCF meets the alternatives hierarchy. In the event that the proposed WCF is of a lower degree of preference than a concealed freestanding WCF the applicant shall demonstrate that concealment technology is unsuitable for the proposed facility. Cost of concealment technology that exceed facility development costs of the proposed WCF shall not be presumed to render the technology unsuitable.

(9)

A written statement provided by a professional engineer licensed by the Commonwealth of Virginia, specifying the design structural failure modes of the proposed WCF.

(10)

Identification of the intended service providers who will operate the WCF.

(11)

Proof of approval by the Virginia Department of Historic Resources, State Historic Protection and Preservation Office, or a certification that no such approval is required.

(12)

A copy of any material submitted to the U.S Fish and Wildlife Service, or a certification that no submission to the FWS is required for the proposed facility.

(13)

A pre-application conference will be required for a new freestanding WCF. The applicant shall demonstrate that the following notice was mailed by certified mail to all other wireless service providers licensed to provide service within the County. "Pursuant to the requirements of the Madison County Zoning Ordinance, we are hereby providing you with notice of our intent to meet with County staff in a pre-application conference to discuss the location of a free-standing wireless communication facility that would be located at _______ (insert physical address, latitude and longitude (NAD-83). In general, we plan to construct an antenna support structure (insert number) feet in height for the purpose of providing (insert type of wireless service). Please inform County staff if you have any desire for placing additional WCF or equipment within two miles of our proposed facility. Please provide us with this information within 20 business days after the date of this letter."

(C)

The following shall be provided in lieu of the requirements set forth in subsection (A), above, for any replacement of an existing antenna or support structure:

(1)

A written statement setting forth the reasons for the replacement.

(2)

A signed statement from a qualified professional, together with a statement of his qualifications, certifying that the radio frequency emissions from the WCF meet FCC standards for such emissions and that, both individually and cumulatively, and with any other facilities located on or immediately adjacent to the WCF, the replacement antenna complies with FCC standards.

(3)

A structural analysis of the existing WCF prepared by an engineer licensed by the Commonwealth of Virginia, indicating that the existing or replacement support structure, and all existing and proposed attachments thereto, meet Virginia Uniform Statewide Building Code requirements (including wind loading).

14-13-11.

Relation to Other Zoning Regulations.

(A)

Principal or accessory use. WCFs may be considered either principal or accessory uses. An existing structure or existing use already established on the same lot shall not prelude the installation of a WCF on such lot.

(B)

Relation to other zoning district regulations. For purposes of determining whether the installation of a WCF complies with zoning district regulations, the dimensions of the entire lot shall control, even though the WCF may be located on leased areas within such lots. In the event of a conflict between any requirements of this section and the requirements of a particular zoning district, the more restrictive requirements shall govern; however, the height limitations and setbacks applicable to buildings and structures within each zoning district shall not apply to WCFs.

14-13-12.

Non-conforming uses.

(A)

Impact of installation on non-conforming uses. A WCF that is constructed or installed in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure, other than a nonconforming WCF.

(B)

Existing WCFs may continue in use for the purpose now used, but may not be expanded or replaced without complying with this ordinance, except as further provided in this section.

(C)

Existing WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions (subject to obtaining a building permit) but shall be required to meet the requirements of section 14-3-5(L), (M), (N), (O), (P) and (Q) of this ordinance.

(D)

The owner of any existing telecommunications facility may replace, repair, rebuild and/or expand such telecommunications facility to accommodate co-located antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards (subject to obtaining a building permit) without having to conform to provisions other than section 14-3-5(L), (M), (N), (O), (P) and (Q) of this ordinance.

14-13-13.

Definitions.

"Accessory equipment" means any equipment serving or being used in conjunction with a WCF. This equipment includes, but is not limited to, utility and transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, and other structures.

"Antenna" means any structure or device used for telephonic, cellular, data, radio, or television communication through the sending and/or receiving of electromagnetic waves. Such structures and devices include, but are not limited to, directional antennas (such as panels, microwave dishes and satellite dishes) and omni-directional antennas (such as whips), and antenna arrays.

"Board" means the Board of Supervisors of Madison County, Virginia.

"Breakpoint technology" means the engineering design of a monopole such that a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent more susceptible to failure than any other point along the monopole, and in the event of a structural failure of the monopole the failure will occur at the breakpoint rather than at the base plate, anchor bolts or any other point on the monopole.

"County" means the County of Madison, Virginia, a political subdivision of the Commonwealth of Virginia and, in appropriate context, to the governing Board, its officials, officers and employees.

"Engineer" means an engineer licensed within the Commonwealth of Virginia.

"Existing WCF" means any WCF that was placed, built, erected, or for which a special use permit had been approved by the Board on or before February 4, 2009.

"FAA" means the Federal Aviation Administration.

"FCC" means the Federal Communications Commission.

"Fall zone" means the area surrounding a support structure centered upon the support structure and encompassed within a radius equal to 110 percent of the total height of the support structure.

"Handoff candidate" means a WCF that receives call transference from another WCF, usually located in an adjacent first "tier" surrounding the initial WCF.

"Mitigation" means a modification of an existing support structure in order to bring the structure into compliance with the requirements of this ordinance, to improve aesthetics, or to improve the functionality of the overall wireless network of which the facilities located on the support structure are a part.

"Monopole" means a structure to support antennas and related wireless equipment consisting of a single self-supporting pole, constructed without any external bracing, guy wires or similar attachments.

"Support structure" means a freestanding, guyed, or self-supporting structure designed to support telecommunications facilities, including, but not limited to, lattice-type towers, monopoles, and utility poles.

"Utility pole" means a wooden pole, 100 feet or less in height, of the type typically utilized by telephone and electric utility companies.

"WCF" means a wireless communications facility, and refers to any manned or unmanned facility established for the purpose of providing wireless transmission and/or reception of voice, data, images or other information, including but not limited to cellular telephone service, personal communications service (PCS), and paging service.

A WCF usually consists, collectively, of an antenna, a support structure, and accessory equipment. However, as used in this ordinance "WCF" may refer, in appropriate context, to an individual antenna and its accessory equipment and facilities used for non-commercial access to communications services, installed at a consumer's location.

"Attached WCF" means a WCF that is secured to an existing building or structure. An attached WCF shall be considered to be an accessory use to the existing principal use on a site.

"Co-located WCF" means any one of multiple WCFs operated by multiple carriers, service providers, or licensees on a shared support structure.

"Concealed WCF" means a WCF that is hidden or camouflaged so that it is not readily identifiable as such, and that is designed to be aesthetically compatible with the surrounding natural environment and/or existing and proposed buildings and uses on a site. Examples of a concealed WCF include manmade trees, silos, clock towers, steeples and bell towers, street light poles, and similar alternative mounting structures.

"Freestanding WCF" means a WCF utilizing a support structure.

(Ord. of 2-4-2009)

14-14.

Small wind energy system.

14-14-1.

Purpose and intent.

The purpose of this article is to regulate the placement, construction, and modification of small wind energy systems while promoting the safe, effective, and efficient use of small wind energy systems and not unreasonably interfering with the development of independent renewable energy sources.

14-14-2.

Applicability.

The requirements set forth in this division shall govern the use and siting of small wind energy systems used to generate electricity or perform work which may be connected to a utility grid pursuant to the net metering law set forth in Virginia Code, § 56-594,as amended, or serve as an independent source of energy, or serve in a hybrid system.

14-14-3.

Definitions.

Small Wind Energy System. A supplemental wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics that has a maximum power of 30kw and does not emit or receive radio, television, or wireless communication signals. A small wind energy system may be part of a hybrid energy system that uses more than one technology to produce energy (for example, a wind-solar system).

Tower. The structure on which the small wind energy system is mounted.

Tower Height. The height above ground of the fixed portion of the tower, including the wind turbine itself.

Turbine. The parts of the wind system, including the blades, generator, and tail.

14-14-4.

Siting requirements.

The requirements for siting and construction of a small wind energy system in Madison County, Virginia, shall include the following:

1.

A small wind energy tower shall have a maximum tower height of 60 feet.

2.

The applicant shall provide written confirmation that the proposed height of the small wind energy tower does not exceed the height recommended by the manufacturer or distributor of the tower.

3.

The minimum distance between the ground and any protruding blades utilized on a small wind energy tower shall be 15 feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall also be ten feet above the height of any structure within 150 feet of the tower base.

4.

A small wind energy tower shall have no advertising sign, writing, or picture.

5.

A small wind energy system shall not be artificially lighted.

6.

A small wind energy system shall be set back from all adjacent lots or parcels of land a distance equal to at least 110 percent of the height of the tower, plus the blade length and a distance equal at least to 150 percent of the tower height, plus blade length from any inhabited dwelling on all adjoining lots or parcels of land. In addition to the requirements set forth above, a small wind energy system shall meet all setback requirements for the zoning district in which it is located.

14-14-5.

Removal of defective or abandoned wind energy systems.

Any small wind energy system found to be unsafe by the Madison County Building Inspector shall be repaired by its owner to meet Federal, State and local requirements or removed as specified by the Madison County Building Inspector. Any small wind energy system that is not in operational use for a continuous period of 24 months shall be considered abandoned, and the owner of the abandoned system shall remove it within 90 days after receipt of a written removal notice from the Madison County Building Inspector.

14-14-6.

Federal and State requirements.

(a)

Compliance with Uniform Statewide Building Code. Building permit applications for a small wind energy system shall be accompanied by standard drawings of the small wind turbine structure, including the tower, blades, generator, base, and footings, and an engineering analysis of the tower showing compliance with the Uniform Statewide Building Code and certified by a licensed professional engineer.

(b)

Compliance with National Electrical Code. A building permit application for a wind energy system shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

(c)

Compliance with regulations governing energy net metering. A small wind energy system connected to a utility grid must comply with the Virginia Administrative Code 20 VAC 5-315: Regulations Governing Energy Net Metering.

(Ord. of 7-7-2010)

14-15.

Commercial firearm and archery range facilities.

14-15-1.

Purpose.

(A)

The purpose of this ordinance is to provide minimum standards and a review procedure for the development and operation of commercial outdoor and indoor firearm and archery ranges, and to require a special use permit for any such ranges.

(B)

Given the potential adverse impact of commercial outdoor and indoor firearm and archery ranges on the health, safety, and welfare of the owners and users of neighboring properties, as well as of the users of these ranges, the Madison County Board of Supervisors finds that it is in the public interest to regulate the establishment and operation of commercial outdoor and indoor firearm and archery ranges within Madison County, and that the public has a right to participate in the permitting of these operations.

(C)

The provisions of this ordinance do not apply to (1) private outdoor and indoor firearm and archery ranges where the owner receives no compensation from users of the range and the use of the range is permitted only when the owner is present; and (2) turkey shoots conducted as fund raisers by charitable non-profit organizations under the following conditions: (a) the principal administrative offices are located with Madison County, (b) the organization conducts shoots no more than 12 days in any calendar year and only during hours between 12:00 noon and 10:00 p.m. on Fridays, Saturdays, or holidays, (c) the discharge of firearms shall be limited to shotguns up to 12 gauge and the greatest allowable shot size shall be 7 1/2, (d) the shoot is positioned so that the line of fire is directly away from any public or private road or right-of-way and shall not be directed towards any residence or other structure, (e) permission is obtained from any neighbor whose residence is within 900 feet of the firing range, and (f) the dates of the shoots are coordinated in advance with the Madison County Sheriff and publicized in the Madison County Eagle at least one month in advance.

14-15-2.

Development standards for commercial outdoor and indoor firearm and archery ranges.

The following minimum standards shall be applied in considering a special use permit application for an outdoor or indoor commercial firearm or archery range:

(A)

Area Requirements for Outdoor Firearm and Archery Ranges. The minimum lot area shall be ten acres for an outdoor firearm range or three acres for an outdoor archery range. Larger lot area may be required to accommodate the specific type of range and for projectile containment and noise abatement.

(B)

Design Standards for Outdoor and Indoor Firearm and Archery Ranges.

(1)

The then-current National Rifle Association Range Source Book shall be used in assessing the adequacy of safety and noise abatement measures for a proposed outdoor or indoor firearm range.

(2)

The then-current Easton Foundation Archery Facility Planning Guide and the then-current Archery Trade Association Archery Park Guide shall be used in assessing the adequacy of safety measures for a proposed indoor or outdoor archery range.

(3)

Outdoor firearm and archery ranges shall be designed so as to contain discharge projectiles within the property on which the range is located. Natural topographic features and man-made improvements, such as impact and side berms, bullet traps, arrow curtains, ricochet catchers, and overhead safety baffles may be considered in connection with this standard.

(4)

Indoor firearm and archery ranges shall be designated so as to contain discharged projectiles within the structure in which the range is located.

(5)

Outdoor and indoor firearm ranges shall be designed so as to substantially avoid noise impacts on neighboring properties.

(C)

Security for Outdoor Firearm and Archery Ranges. The entire perimeter of all outdoor firearm and archery ranges shall be fenced and signed to reduce the potential for trespass. Warning signs shall be posted around the perimeter of the range at 100-foot intervals.

(D)

Lead Recovery for Outdoor Firearm Ranges. Outdoor firearm ranges must have a plan for scheduled periodic recovery, removal, and disposal of lead.

(E)

Indoor Firearm Range Ventilation Requirement. Indoor firearm ranges shall be properly and adequately ventilated and filtered at all times and comply with all applicable OSHA, NIOSH, EPA standards to mitigate lead particles in the air.

(F)

Parking for Outdoor and Indoor Firearm and Archery Ranges. In addition to the requirements of 14-9, at a minimum, there shall be one parking space for each firing position, range official, and instructor.

14-15-3.

Special use permit application requirements for commercial outdoor and indoor firearm and archery ranges.

(A)

A special use permit must be obtained prior to the issuance of a building permit for any commercial outdoor or indoor firearm or archery range.

(B)

In addition to the requirements of article 14-3, an application for a special use permit to operate a commercial outdoor or indoor firearm or archery range must, at a minimum, contain the following information:

1.

The names and address of all owners of the proposed range.

2.

The types of firearms and/or archery equipment to be utilized at the range.

3.

In the case of a firearm range, a statement of the largest caliber ammunition to be utilized.

4.

A site plan, sealed by a Virginia-licensed engineer or surveyor, detailing:

a.

The property lines of the lots or parcels on which the range is to be developed.

b.

The location of the range within the property lines, including, without limitation, shooting positions, firing lines, target positions, safety fans, shortfall zones, natural topographic features, manmade backstops, side berms, and baffles.

c.

The locations, dimensions, and uses of all existing and proposed structures, roadways, sidewalks, parking areas, fencing, screening, lighting, and utilities on the property.

d.

The location of all streams, watercourses, and wetlands on the property.

5.

The safety and noise abatement procedures that will be implemented at the range and how these procedures conform to the National Rifle Association Range Source Book, in the case of a firearm range, and the Easton Foundation Archery Facility Guide and Archery Trade Association Archery Park Guide, in the case of an archery range.

6.

The operating plan for the range, including the hours of operation.

7.

The amount of liability insurance to be carried by the owners of the range.

8.

The names and addresses of all persons owning the property within one mile of the perimeter of the property on which the range is to be located.

9.

The uses of all properties abutting the property on which the proposed range is to be located.

14-15-4.

Inspections.

No commercial outdoor or indoor firearm or archery range facility may commence operations until the range facility has been inspected and approved by the Madison County Building Official to ensure that the range conforms to its special use permit and building permit(s).

14-15-5

Liability insurance.

(A)

Commercial outdoor and indoor firearm ranges shall maintain general liability insurance coverage in an amount of not less than $3,000,000.00 through an insurance company licensed to do business in Virginia.

(B)

Commercial outdoor and indoor archery ranges shall maintain general liability insurance through a Virginia licensed insurance company in an amount not less than $1,000,000.00.

14-15-6

Definitions.

(A)

Baffles. Barriers to contain projectiles and to reduce, redirect, or suppress sound waves. They may be placed overhead, alongside, or at ground level to restrict or interrupt errant or off-the-target shots.

(B)

Berm. An embankment used for restricting projectiles to a given area or as a dividing wall between ranges.

(C)

Firearm. Any handgun, shotgun, rifle, and air rifle that will or is designed to or may readily be converted to expel single or multiple projectiles by action of an explosion of a combustible material. The term is used to describe any gun from which a projectile is propelled by means of hot gasses generated by burning powder (usually smokeless or black powder).

(D)

Firing line. A line parallel to the targets from where projectiles are discharged.

(E)

Firing position. An area directly behind the firing line having a specified width and depth that is occupied by a shooter or archer, his or her equipment and, if appropriate, an instructor or coach.

(F)

Safety fan. Term applies to firearm and archery ranges. The safety fan consists of three parts: a direct fire zone, the safety zone, and the ricochet zone.

(G)

Turkey Shoot. A shooting match or similar activity conducted involving the discharge of shotguns at a target or at targets with the object of such activity being to determine a winner of a prize, such as a turkey, pork ham, other food stuff, or other prize.

14-16.

Residential Solar Energy Systems.

14-16-1.

Purpose and intent.

The purpose of this ordinance is to provide for the development, siting, and decommissioning of residential solar energy systems in the County of Madison, Virginia, subject to reasonable conditions that promote and protect the public health, safety and welfare of the community, while promoting development of renewable energy resources. Anyone wishing to install a solar energy system may wish to consider the need for a solar easement (See 14-16-6) to ensure the system has access to direct sunlight in the future.

14-16-2.

Applicability.

The requirements set forth in this division shall govern the use and siting of residential solar energy systems used to generate electricity or perform work which may be connected to a utility grid pursuant to the net metering law set forth in Virginia Administrative Code section 20 VAC 5-315 or serve as an independent source of energy, or serve in a hybrid system. A building and/or electrical permit must be issued before construction may begin.

14-16-3.

Siting Requirements.

The requirements for siting and construction of a solar energy system in the County of Madison, Virginia, shall include the following:

1.

Solar energy systems, as described in this ordinance, are permitted by right in all zoning districts as an accessory use, with restriction to roof-mounted systems in zones R2 and R3.

2.

A solar energy system shall provide power for the principal use and/or accessory use of the property on which the solar energy system is located and shall not be for the generation of power for resale/sale.

3.

The installation and construction of a roof-mounted energy system shall be subject to the following development and design standards and is required in R2 and R3 zoning:

a.

A roof- or building-mounted solar energy system may be mounted on a principal or accessory building.

b.

Placement of solar panels shall not extend horizontally past the roofline or exceed eight feet above the roof.

4.

The installation and construction of a ground-mount or pole-mount energy system shall be subject to the following development and design standards:

a.

The height of the solar collector and any mounts shall not exceed 20 feet when oriented at maximum tilt.

b.

The minimum solar energy system setback distance from the property lines shall be equivalent to the building setback or accessory building setback requirement of the underlying zoning district.

c.

Ground mounted solar energy systems shall not be located in a septic system drain field or in the reserve drain field area shown on the property plat.

5.

All electrical equipment associated with and necessary for the operation of solar energy systems shall comply with the setbacks specified for accessory structures in the zoning district.

6.

Solar panels are designed to absorb (not reflect) sunlight; therefore panels are generally less reflective than other varnished or glass exterior housing. However, solar panel placement should attempt to minimize or negate any solar glare onto nearby properties or roadways.

7.

A solar energy system shall not be used to display advertising of any type, including banners, streamers, or reflectors.

8.

A solar-energy system shall not be constructed until a building and/or electrical permit has been obtained.

14-16-4.

Federal and State Requirements.

1.

The design of the solar energy system shall conform to applicable state and national solar codes and standards. A building and/or electrical permit reviewed by the Building Official shall be obtained. All design and installation work shall comply with all applicable provisions in the National Electric Code (NEC), Virginia Residential Code (VARES), Virginia Construction Building Code, Virginia Statewide Fire Prevention Code, and Virginia Uniform Statewide Building Code.

2.

The solar energy system shall comply with all local codes so as to ensure the structural integrity of the system.

3.

Prior to operation, electrical connections must be inspected by the building official.

4.

Any connection to the public grid must be approved by the appropriate public utility.

5.

A solar energy system connected to a utility grid must comply with the Virginia Administrative Code 20 VAC 5-315: Regulations Governing Energy Net Metering.

14-16-5.

Abandonment/Decommissioning of All Solar Energy Systems.

1.

If a solar energy system is abandoned or decommissioned, the owner of the system should notify the respective power company. This enables the power company to remove the solar energy system from its system.

2.

If a solar system has been determined to be unsafe by the building official, the system shall be required to be repaired by the owner or other responsible party to meet federal, state, and local safety standards, or to be removed by the owner or other responsible party.

3.

Solar panels contain dangerous chemicals, which, if not disposed of properly, could result in damage to the environment. Consequently, the owner should take precautions to dispose of solar panels in a safe manner.

14-16-6.

Definitions.

Residential Solar Energy System: The components and subsystems required to convert solar energy into electric energy suitable for use, all the land inside the perimeter of the system. The term applies, but is not limited to solar photovoltaic systems, solar thermal systems, and solar hot water systems. A residential and/or business solar energy system may be part of a hybrid energy system that uses more than one technology to produce energy (for example, a wind-solar system).

Photovoltaic: Refers to technology which uses a device, typically a solar panel to convert light into electricity.

Solar Array: A group of multiple solar panels connected together to provide a single electrical output.

Solar Energy: Energy from the sun that is converted into thermal or electrical energy.

Solar Panels: A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.

Solar Collector: A solar PV cell, panel, or array, or solar thermal collector device, that relied on solar radiation as an energy source for the generation of electricity or transfer of stored heat.

Ground-Mount System: A solar energy system that is directly installed on specialized solar racking systems, which are attached to an anchor in the ground and wired to connect to the adjacent home or building.

Roof-Mount System (Rooftop Mounted): A solar energy system consisting of solar panels directly installed on the roof of a home or building. Roof-mount systems may be mounted flush with the roof or tilted toward the sun at an angle.

Pole-Mount System: A solar energy system that is directly installed on specialized solar racking systems, which are attached to a pole, anchored and firmly affixed to a concrete foundation in the ground, and wired underground to an attachment point at the building's meter. Unlike ground-mount systems, pole-mount systems are elevated from the ground. Pole-mounted systems can be designed to track the sun (with single-axis or dual-axis tracking motors) and maximize solar output throughout the year.

Accessory Use: See Definitions, section 20-3.

Net Meter: A device provided and installed by the local utility, to measure the flow of electricity from the solar system for the purpose of net-metering.

Net Metering: A billing arrangement that allows customers with grid-connected solar electricity systems to receive credit for any excess electricity generated onsite and provided to the utility grid.

Solar Easement: A legal arrangement entered into with adjoining property owner(s) to protect or guarantee future access to direct sun light for the purpose to generating solar energy. A solar easement is created for the purpose of protecting the dominant land's exposure to direct sunlight. Such an easement prevents the servient landowner from constructing any building or other structure which would obstruct the dominant sunlight to a solar energy system.

(Ord. No. 2019-3, 1-2-2019)

14-17.

Solar energy systems.

14-17-1.

Purpose and intent.

The purpose of this ordinance is to provide for the development, siting, and decommissioning of residential and/or business solar energy systems in the County of Madison, Virginia, subject to reasonable conditions that promote and protect the public health, safety and welfare of the community, while promoting development of renewable energy resources. Anyone wishing to install a solar energy system may wish to consider the need for a solar easement to ensure the system has access to direct sunlight in the future.

14-17-2.

Applicability.

The requirements set forth in this division shall govern the use and siting of residential and/or business solar energy systems used to generate electricity or perform work which may be connected to a utility grid pursuant to the net metering law set forth in Virginia Code, § 56-594, as amended, or serve as an independent source of energy, or serve in a hybrid system. A building permit must be issued before construction may begin.

14-17-3.

Siting Requirements.

The requirements for siting and construction of a solar energy system in the County of Madison, Virginia, shall include the following:

1.

Solar energy systems, as described in this ordinance, are permitted in A-1, B-1, and C-1 districts as an accessory use.

2.

A solar energy system shall provide power for the principal use and/or accessory use of the property on which the solar energy system is located and shall not be for the generation of power for commercial purposes.

3.

The installation and construction of a roof-mounted energy system shall be subject to the following development and design standards:

a.

A roof or building mounted solar energy system may be mounted on a principal or accessory building.

b.

Placement of solar collectors on flat roofs shall be allowed by right provided that panels do not extend horizontally past the roofline or exceed eight feet above the roof.

4.

The installation and construction of a ground-mount or pole-mount energy system shall be subject to the following development and design standards:

a.

The height of the solar collector and any mounts shall not exceed 20 feet when oriented at maximum tilt.

b.

The surface area of a ground- or pole-mounted system shall be calculated as part of the overall lot coverage.

c.

The minimum solar energy system setback distance from the property lines shall be equivalent to the building setback or accessory building setback requirement of the underlying zoning district.

d.

All power transmission lines from a ground mounted solar energy system to any building or other structure shall be in accordance with building code.

e.

Ground mounted solar energy systems shall not be located in a septic system drain field or in the reserve drain field area shown on the property plat.

5.

All electrical equipment associated with and necessary for the operation of solar energy systems shall comply with the setbacks specified for accessory structures in the zoning district.

6.

Solar panels are designed to absorb (not reflect) sunlight; therefore panels are generally less reflective than other varnished or glass exterior housing. However, solar panel placement should attempt to minimize or negate any solar glare onto nearby properties or roadways.

7.

A solar energy system shall not be used to display advertising of any type, including banners, streamers, or reflectors.

8.

A solar-energy system shall not be constructed until a building/zoning permit has been approved and issued.

14-17-4.

Safety and Inspections.

1.

The design of the solar energy system shall conform to applicable state and national solar codes and standards. A building permit reviewed by department staff shall be obtained. All design and installation work shall comply with all applicable provisions in the National Electric Code (NEC), the International Residential Code (IRC), International Commercial Building Code, State Fire Code, and Uniform Statewide Building Code.

2.

The solar energy system shall comply with all local codes so as to ensure the structural integrity of the system.

3.

Prior to operation, electrical connections must be inspected by the building official.

4.

Any connection to the public grid must be approved by the appropriate public utility.

5.

A solar energy system connected to a utility grid must comply with the Virginia Administrative Code 20 VAC 5-315: Regulations Governing Energy Net Metering.

6.

Unless otherwise specified through a contract or agreement, the property owner of record will be the responsible party for owning and maintaining of the solar energy system.

14-17-5.

Abandonment/Decommissioning and Removal for All Solar Energy Systems.

1.

If a solar energy system is abandoned or decommissioned, the owner of the system should notify the respective power company. This enables the power company to remove the solar energy system from its system.

2.

If a solar system has been determined to be unsafe by the building official, the system shall be required to be repaired by the owner or other responsible party to meet federal, state, and local safety standards, or to be removed by the owner or other responsible party.

3.

Solar panels contain dangerous chemicals, which, if not disposed of properly, could result in damage to the environment. Consequently, the owner should take precautions to dispose of solar panels in a safe manner.

14-17-6.

Definitions.

Accessory Use: See Definitions, section 20-3.

Ground-Mount System: A solar energy system that is directly installed on specialized solar racking systems, which are attached to an anchor in the ground and wired to connect to the adjacent home or building.

Net Meter: On-grid solar photovoltaic systems connected to the utility grid use a net meter, typically provided and installed by the local utility, to measure the flow of electricity from the solar system for the purpose of net-metering.

Passive Solar: Techniques, designs, and materials designed to take advantage of the sun's position throughout the year.

Photovoltaic: Refers to technology which uses a device, typically a solar panel to convert light into electricity.

Pole-Mount System: A solar energy system that is directly installed on specialized solar racking systems, which are attached to a pole, anchored and firmly affixed to a concrete foundation in the ground, and wired underground to an attachment point at the building's meter. Unlike ground- mount systems, pole-mount systems are elevated from the ground. Pole-mounted systems can be designed to track the sun (with single-axis or dual-axis tracking motors) and maximize solar output throughout the year.

Residential and/or Business Solar Energy System: The components and subsystems required to convert solar energy into electric energy suitable for use, all the land inside the perimeter of the system. The term applies, but is not limited to solar photovoltaic systems, solar thermal systems, and solar hot water systems. A residential and/or business solar energy system may be part of a hybrid energy system that uses more than one technology to produce energy (for example, a wind-solar system).

Roof-Mount System (Rooftop Mounted): A solar energy system consisting of solar panels directly installed on the roof of a home or building. Roof-mount systems may be mounted flush with the roof or tilted toward the sun at an angle.

Solar Array: A group of multiple solar panels connected together to provide a single electrical output.

Solar Easement: A legal arrangement entered into with adjoining property owner(s) to protect or guarantee future access to direct sun light for the purpose to generating solar energy. A solar easement is created for the purpose of protecting the dominant land's exposure to direct sunlight. Such an easement prevents the servient landowner from constructing any building or other structure which would obstruct the dominant sunlight to a solar energy system.

Solar Energy: Energy from the sun that is converted into thermal or electrical energy.

Solar Panels: A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.

(Ord. No. 2019-4, 1-2-2019)

14-18.

Event Venue.

14-18-1.

Purpose and Intent.

The purpose of this ordinance is to provide standards and review procedures for the development and operations of rural resorts and to require a special use permit for the same. Any development will require adherence to the Madison County Ordinances and the Code of Virginia.

Given the potential impact on the health, safety, and welfare of neighboring property owners, as well as the patrons of these facilities, the Madison County Board of Supervisors find that it is in the public interest to regulate the establishment and operation of rural resorts within Madison County.

14-18-2.

Structures and Activities to Be Allowed.

The activities that will be permitted at a given rural resort will be determined by the Board of Supervisors in consultation with the County planning staff, the Planning Commission, and the special use permit applicant, and will be a function of the circumstances of a particular proposed event venue, including, without limitation: the overall acreage of the proposed resort; the existing and anticipated uses of surrounding properties, existing and proposed facilities, and location within the County.

At the discretion of the Board of Supervisors, such permissible activities and facilities at a particular proposed event venue may include, without limitation: conferences, wedding hosting, and retreat facilities; educational and entertainment facilities, dining and picnicking facilities; camping and glamping facilities; resort store; indoor and outdoor athletic and physical fitness facilities; hiking, cycling, fishing, canoeing, rafting, tubing, wildlife observation shelters, boat landing/docks, and equestrian trails and facilities; administrative, utility service, laundry and construction facilities, and staff living quarters.

Large-Scale Outdoor Events are subject to the requirements of the Code of Ordinances of Madison County, Chapter 4 - large-Scale Outdoor Events.

14-18-3.

Siting Requirements.

The requirements for siting and construction of facilities on Rural Resorts in the County of Madison, Virginia shall include the following:

1.

Area Regulations. The minimum lot area for event venue use shall be ten acres in A1 (General Agriculture) zoning district and ten acres in the C1 (Conservation) zoning district.

(Ord. No. 2020-2, 3-4-2020; Ord. No. 2022-OA-01-22-7, 1-5-2022)

2.

Open Space. A minimum of 50 percent of the site shall remain as open space. (See article 20-133.)

3.

Building height. No new building shall exceed 48 feet (four stories) in height from the grade to the highest roof beams or a flat roof, or the mean level of the highest gable or slope of a gable, hip, or other roof.

4.

Lodging. All lodging, dining, and other facilities for guest use must comply with local and State building codes and Health Department regulations.

5.

Any special use permit application for constructing and operating an event venue will be subject to article 14-4-3.

6.

Parking and Loading: Parking and lodging at event venues will be subject to the requirements set forth in article 14-9 and 14-10.

7.

For any addition of land to the event venue, the applicant must submit an application to amend its special use permit. No tract of land may be admitted to the resort except with the submission of detailed plans as required by this ordinance and/or other documents required by the County in order to enable it to make a comprehensive study of the proposed development. No tract of land may be admitted to the venue unless the event venue activities and facilities are a primary part of the overall plan development.

14-18-4.

Application Requirements.

1.

An application for an event venue special use permit shall include:

a.

A thorough explanation of the scope and variety of buildings, land improvements, and uses that would be installed on the property.

b.

The anticipated installation timetable or phasing plan.

c.

Appropriate concept maps showing lot lines, the location of existing and new land features, improvements, and other pertinent information.

2.

An applicant should be prepared to addresses the potential impact on adjacent properties in areas such as noise, lighting, traffic, storm water management, erosion, and sediment control.

3.

The specifics of any building, land improvements, and uses approved under a special use permit for an event venue shall be documented in the motion by the Board of Supervisors.

(Ord. No. 2019-7, 5-1-2019)

14-19.

Commercial Solar Energy Facilities.

14-19-1.

Purpose and Intent.

The purpose of this ordinance is to provide standards and review procedures for the development, operations, siting, and decommissioning of commercial solar energy facilities in the County of Madison, Virginia, and require a special use permit for the same.

1.

Given the potential impact on the environment, health, safety, and welfare of neighboring property owners, as well as county staff, the Madison County Board of Supervisors finds that it is in the public interest to regulate the establishment and operation of commercial solar energy facilities within Madison County.

2.

Definitions.

Applicant: The person or entity who submits an application to Madison County for a permit to install a Commercial Solar Energy Facility under this ordinance.

Commercial Solar Energy Facility: Any solar energy facility designed to produce electricity for sale.

14-19-2.

Applicability.

1.

The requirements set forth in this ordinance shall govern the approval, development, siting, operation, and decommissioning of commercial solar energy facilities used to generate electricity for sale.

2.

This special use permit shall be binding on any successors, assignees, current or future lessees, or owners, of the facility and is granted solely for the construction and operation of a commercial solar energy facility.

14-19-3

Conditions for the Establishment and Operation of Commercial Solar Energy Facilities.

The requirements for siting and construction of a Commercial Solar Energy Facility in Madison County, Virginia, shall include the following minimal standards and requirements:

A.

Before Issuance of a Special Use Permit.

1.

Commercial Solar Energy Facilities, as described in this ordinance, are permitted exclusively in zoning district M-1 only by special use permit.

2.

A special use permit shall not be issued for a commercial solar facility until the applicant submits a feasibility study demonstrating that the amount of generated power can be supported by the relevant electric company and electric grid; that the State Corporation Commission has approved the proposed plan and that PJM (Pennsylvania, New Jersey, and Maryland Interconnection) or a successor organization has likewise approved the project, when required.

3.

The applicant shall submit an economic cost/benefit analysis describing estimated increase in Property tax revenues, sales taxes, other taxes, locally spent construction dollars, estimated construction jobs, estimated permanent jobs, and costs associated with the project's impact on roads and other County infrastructure.

4.

A commercial solar energy facility shall generate electric power for commercial purposes only. The size of the facility (generated power) shall be limited to 50 percent of the annual total power usage of all users in Madison County. The applicant shall provide accurate information for electrical power usage in the County for the most current year.

5.

A view shed analysis shall be conducted from the perspectives of neighboring landowners and roadway travelers.

6.

The applicant shall bear all costs to the County for increased staff time and attention to matters related to construction, maintenance, administrative costs, and enforcement of the requirements of this section and the Special Use Permit.

7.

The applicant shall submit a decommissioning plan to be reviewed and approved by the County Attorney with an appropriate surety bond with Special Use application. The Decommissioning Plan shall be reviewed and updated every three years by a certified independent solar facility engineer acceptable to the County at no cost to the County.

B.

Location/Setbacks.

1.

The applicant shall address the impact of the facility on rivers and streams. A buffer of at least 50 feet is required on either side of any stream in the project area. A minimum setback of 150 feet is required on either side of a river.

2.

All aspects and components of the facility shall meet the minimum setback requirement of 100 feet. This setback requirement is in addition to the buffer requirements for rivers and streams established in No. 1 above. The County may require additional buffering in the Special Use Permit to maintain the County's rural view shed and character and minimize visibility and aesthetic impacts to adjacent property owners, uses and/or roadways.

3.

Construction of Commercial Solar Facilities shall be subject to the Madison County Erosion and Sedimentation Control Ordinance which includes, but is not limited to: extent of grading and grading phases, runoff information, management of runoff and pollution both during construction and throughout the lifetime of the project.

4.

The perimeter of the facility shall be secured through the use of security fencing of at least eight feet in height, to be installed around the perimeter of the facility. The County shall require the fencing to be installed inside the vegetative buffer to reduce the visual impact to surrounding property owners, uses, and/or roadways. Placement of Fencing shall be specified in the Special Use Permit. Fencing should be designed to blend in with surrounding screening and natural views.

5.

No facility shall be allowed on a property designated by the Virginia Department of Historic Resources as a battlefield area or other historic resource, or other sensitive area.

C.

Safety/Access.

1.

All electrical equipment associated with and necessary for the operation of the facility shall comply with all local and state codes. All design and installation work shall comply with all applicable provisions of the National Electric Code (NEC), Virginia Commercial Building Code. Use of above-ground lines shall be kept to a minimum.

2.

The applicant shall provide training, before, during, and after construction for all emergency services in Madison County. The applicant shall provide a set of procedures and protocols for managing risk of fire and for responding in the event of an emergency at the facility. The applicant of the facility shall conduct regular training for first responders during the operation of the facility on a regular basis.

3.

Special equipment that may be required to ensure the safety of fire and rescue personnel when responding to an emergency at the facility shall be provided at no cost to the County.

4.

The applicant shall provide for and maintain reasonable means of access for emergency services. Lock boxes and keys shall be provided at locked entrances for emergency personnel access. Warning signage shall be placed on electrical equipment and plant entrances.

5.

The applicant shall obtain all required permits from the Virginia Department of Transportation. If any adjoining properties are damaged as a result of ingress/egress to the facility, the applicant shall remedy all damages in full.

6.

Best practices when using herbicides (non-harmful to the environment) to control weeds, grass and other unwanted vegetation shall be used.

7.

The photovoltaic panels shall not contain harmful chemicals such as Cadmium or amorphous silicon. Prior to construction, the applicant shall provide written panel specifications to include composition, toxicological information, and the physical and chemical properties of all panels used at the facility. The applicant shall also provide the country of origin of the panels used at the facility. Only bio-degradable cleaners and water shall be used to clean panels.

D.

Landscaping/Appearance.

1.

Lighting shall be the minimum necessary for safety and/or security purposes and shall be shielded and downward facing to minimize off-site glare.

2.

Noise associated with construction and operation shall be defined, maintained, and be of minimal levels. Construction shall be conducted during the hours of 6:00 a.m. and 8:00 p.m., Monday through Saturday, to limit disturbance to neighbors.

3.

The use of pile driving equipment is prohibited within 600 feet of any structure or private or public water system unless pile driving monitoring equipment to evaluate vibration is utilized.

4.

The applicant shall place all solar panels in a manner that minimizes or negates any solar glare onto nearby properties or roadways.

5.

No aspect of the facility shall exceed 15 feet in height, as measured from grade at the base of the structure to its highest point (excluding power lines).

6.

All site features, including landscaping, fencing, etc., shall be properly maintained throughout the life of the permit.

7.

A vegetative buffer shall be installed and maintained around the entire circumference of the facility and its components to reduce the visual impact on the surrounding property owners. In areas where there is not at least 50 feet of a native timber buffer, a barrier consisting of a minimum of a double row of evergreens (with a beginning height of at least six feet and anticipated mature height of 30 to 40 feet) shall be planted during the appropriate time of year, subsequent to the completion of construction. The applicant shall replace any dead or diseased trees in the buffer. All landscaping shall be approved by the County.

8.

The facility shall not be used to display advertising of any type, including banners, streamers or reflectors. However, notices, warnings, and identification information required by law shall be displayed.

9.

When the land surface is prepared for construction, the applicant shall design the facility so that grading and fill are kept to a minimum. Top soil shall be removed before grading, etc., and stored on site to be returned to the disturbed land to a minimum of four inches to maintain the quality of the soil prior to final approval by the County.

E.

Additional Requirements.

1.

The County shall require the owner/operator to provide an annual statement of activity to ensure that the facility is actively producing electricity for the power grid.

2.

If there is evidence that the facility or any aspect of such is not in conformance with any of the conditions of approval, a Notice of Violation shall be sent to the owner of the facility and the landowner. A continued violation of any conditions of approval shall be grounds for revocation of the special use permit.

F.

Decommissioning Requirements.

1.

When the facility ceases to be operational, the owner/operator of the facility shall return the land to its original natural state, including at least four inches of top-soil. All surface and sub-surface materials shall be removed.

2.

When the facility ceases to be operational for a period of nine months, decommissioning shall be enforced, unless the owner is diligently working to restore the facility to operation.

3.

If the facility is not removed within the specified time after the County Notice, the County may cause the removal of the facility with costs being borne by the project owner or property owner.

4.

If a solar energy system is abandoned or decommissioned, the owner of the system shall notify the respective power company to enable the power company to remove the facility from its system.

5.

Proposed cost savings that may be associated with recycling of solar panels and other materials shall not be part of the decommissioning plan.

6.

Decommissioning shall be guaranteed by cash, letter of credit, or other form, at the discretion of the County Attorney.

7.

All decommissioning activities shall be completed within six months after notice of inactivity is received by the County.

(Ord. No. 2021-OA-12-21-14, 12-1-2021)

14-20.

Revenue Share for Solar Energy Projects.

14-20-1.

Purpose, Definition, Relation to Other Ordinances.

(a)

The purpose of this chapter is to implement Va. Code Ann. § 58.1-2636 titled "Revenue Share for Solar Energy Projects" approved by the 2020 Regular Session of the Virginia General Assembly and signed into law by the Governor, effective July 1, 2020.

(b)

Term used in this chapter shall have the defined meanings found in Va. Code Ann. § 58.1-2636, § 58.1-3660, § 58.1-3507, or § 58.1-3508.6, as amended.

(c)

To the extent that the provisions of this chapter conflict with any other prior ordinance or provision of the Madison County, Virginia Code of Ordinances, this chapter shall control.

14-20-2.

Applicability.

(a)

This chapter shall apply to all solar photovoltaic (electric energy) systems except those:

(1)

Described in § 56-594, § 56-594.01, or § 56-594.2 or Chapters 358 and 382 of the Acts of Assembly of 2013, as amended;

(2)

20 megawatts or less, as measured in alternating current (AC) generation capacity, for which an initial interconnection request form has been filed with an electric utility or a regional transmission organization on or before December 31, 2018; or

(3)

Five megawatts or less, as measured in alternating current (AC) generation capacity.

14-20-3.

Revenue Share Rate per Megawatt and Waiver of Machine and Tool Tax.

(a)

The County hereby imposes a revenue share to be assessed at a rate of $1,400.00 per megawatt on any solar photovoltaic (energy) project. The generation capacity shall be measured in alternating current (AC) generation capacity of the facility and the determination of the generation capacity shall be based on submissions by the facility owners to the interconnecting utility.

(b)

The exemption for solar photovoltaic (electric energy) project greater than five megawatts as provided by Va. Code Ann. § 58.1-3660, as amended, shall be 100 percent of the assessed value.

(c)

Nothing contained herein shall be construed to prevent any other tax or fee as provided by the Code of Virginia.

(Ord. No. 2023-OA-06-23-10, 6-7-2023)