Mathews County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE 15
Supplemental District Regulations
§ 175-15.1 General.
The purpose of supplementary district regulations is to set specific conditions of various uses, classifications of uses, or areas where problems are frequently encountered or have the potential to arise.
§ 175-15.2 Conversion of dwellings to a greater number of units.
No residence may be converted to accommodate an increased number of dwelling units unless:
A.
The number of dwelling units currently existing is less than the number permitted by the zoning regulations for new structures in that district;
B.
The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district;
C.
The lot area per family or dwelling unit equals the lot area requirements for new structures in that district; and
D.
The conversion is in compliance with all other relevant codes and ordinances, including the off-street parking requirements of Article 12 herein.
§ 175-15.3 Temporary buildings, construction trailers, and manufactured homes.
A.
Temporary buildings, construction trailers, manufactured homes, and manufactured home camps used in conjunction with construction work only may be permitted in any district during the period that construction work is in progress as shown by the possession of a valid building permit, but such temporary facilities shall be removed immediately upon completion of the construction work.
B.
Individual manufactured homes or travel trailers may be permitted in any single-family residential district as temporary residences by the landowners during construction or reconstruction of permanent residential structures for up to one year subject to the following conditions:
(1)
The manufactured home or travel trailer will utilize the well water/sanitary system installed on site.
(2)
Before a certificate of occupancy is issued for the single-family residence, the manufactured home or travel trailer will be disconnected from the well water/sanitary system.
(3)
No structure of any type may be added to the manufactured home or travel trailer.
(4)
Electrical service and telephone service may be provided to the manufactured home or travel trailer in a manner that meets the approval of the Mathews County Building Official.
C.
A landowner occupying a single-family dwelling, may, upon obtaining a permit from the Administrator, in conformance with the following conditions, locate a manufactured home in the Residential-1, Residential-2 or Rural District on his tract, lot, or parcel of land, if said manufactured home is to be occupied by a member of his immediate family: father, mother, father-in-law, mother-in-law, sister, brother, son, daughter, grandchild, grandfather, grandmother, grandfather-in-law, grandmother-in-law, provided said manufactured home shall be removed from said tract, lot or parcel of land within 60 days of said manufactured home being unoccupied by the member or members of his immediate family:
(1)
Located on the site as approved by the Administrator;
(2)
Anchored according to the Building Code;
(3)
Installed with a set of steps at each exit;
(4)
Approved by the Department of Health;
(5)
Completely skirted with some type of durable weatherproof material;
(6)
Approved by the Building Official by a final inspection with a certificate of occupancy being received by the owner or occupant of the manufactured home prior to being occupied; and
(7)
Certified in writing by the landowner that the use of the manufactured home complies with the requirements of this section and ordinance regarding occupancy only by immediate family members, as defined herein, and that the manufactured home shall be removed upon said dwelling being unoccupied by the member or members; the Zoning Administrator may require recertification by the landowner upon the annual anniversary of the zoning permit approving the temporary placement of a manufactured home under the provisions of this section indicating continued compliance.
§ 175-15.4 Architectural projections.
Open structures such as porches, canopies, balconies, platforms, carports, decks, covered patios, and similar architectural projections shall be considered part of the building to which attached and shall not project into the required minimum front, side, or rear yard.
§ 175-15.5 Home occupations and home enterprises.
[Amended 12-17-2019]
A.
The following regulations shall govern the establishment of home occupations.
(1)
The home occupation shall be clearly incidental and subordinate to the residential use of the property.
(2)
The home occupation use may not exceed the greater of 400 square feet or 25% of the living space of the residence.
(3)
If an accessory structure is used in a home occupation, it shall not exceed 50% of the footprint area of the primary residence and must be located to the rear of the primary structure.
(4)
Shall not be advertised by business sign but may be advertised by a home occupation sign per Article 13.
(5)
There shall be no change in the outside appearance of the building or premises or other evidence of the conduct of such home occupation visible from the street or adjacent properties.
(6)
No retail or wholesale activity shall be conducted on the premises other than by telephone, mail, internet or other electronic medium. Other forms of transaction must be conducted offsite at an appropriately permitted location.
(7)
No employees, whether paid or not for their services, except persons who use the dwelling as their bona fide residence, shall be involved in the home occupation on that property.
(8)
There shall be no customers or clients accessing the location.
(9)
No mechanical or electrical equipment shall be employed other than machinery or equipment customarily found in the home associated with a hobby or avocation.
(10)
No outside display of goods, equipment or materials used in the home occupation shall be permitted.
(11)
Only two motor vehicles or pieces of equipment may be operated from the site in connection with a home occupation. Only one vehicle may exceed 14,000 pounds GVWR (US Class 3 commercial vehicle). Commercial vehicles must be kept behind the principal building setback line applicable in the district unless kept in a garage or an enclosed and screened storage yard.
B.
The following regulations shall govern the establishment of home enterprises.
(1)
All home enterprises shall be required to have the minimum lot size required for the applicable zoning district.
(2)
A home enterprise may be conducted in an existing residential structure, in an accessory structure or in a combination of the following structures:
(a)
If in a residential structure, no more than 25% of the gross floor area of the residential structure may be used for in the conduct of the home enterprise.
(b)
Any accessory buildings associated with a home enterprise shall not be larger, in the aggregate, than 50% of the footprint area of the principle residential structure.
(c)
Accessory buildings shall not be more than 20 feet in height.
(3)
All structures and any associated modifications necessary for the home enterprise shall meet the requirements of the Uniform Building Code of the state (as amended) for the use classification associated with the home enterprise.
(5)
There shall be only one home enterprise on a single parcel of land.
(6)
The County Department of Health shall certify that the existing water supply and septic system are adequate to accommodate the home enterprise.
(7)
Shall not be advertised by business sign, but may be advertised by a home occupation sign per Article 13.
(8)
The parking requirements shall be one for each outside employee other than family members or the applicant and one per 200 gross square feet of floor area dedicated to the operation of the home enterprise.
(9)
Only two motor vehicles or pieces of equipment may be operated from the site in connection with a home occupation. Only one vehicle may exceed 14,000 pounds GVWR (US Class 3 commercial vehicle). Commercial vehicles must be kept behind the principal building setback line applicable in the district unless kept in a garage or an enclosed and screened storage yard.
(10)
The total number of client appointments per day upon the premises shall not exceed two clients at any time or 10 customers per day.
(11)
The home enterprise may employ individuals who do not reside on the premises. The conditional use permit shall specify the number of nonresident employees.
§ 175-15.6 Required screening for trash areas.
All commercial, industrial, and multifamily residential uses that provide trash and/or garbage collection areas shall enclose such areas on at least three sides by a solid wall or fence of at least six feet in height if such area is not within an enclosed building or structure. Provisions for adequate vehicular access to such areas for collection of trash and/or garbage shall be provided.
§ 175-15.7 Side and rear yard requirements.
A.
Nonresidential uses of buildings shall not be conducted or located closer than 50 feet to any lot line of the Residential-1 (R-1), Residential-2 (R-2), Rural (RU) or Conservation (C) District except that the minimum yard requirements may be reduced by up to 50% if acceptable landscaping approved by the Administrator is provided. Such landscaping shall consist of a strip of land extending along the entire length of the subject lot line and not less than 25 feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than six feet in height and in healthy condition at the time of planting. Such landscaping shall not obscure traffic visibility within 50 feet of an intersection.
B.
For those nonresidential uses of buildings that will share a common lot line of the RU, R-1, R-2, and C District with an existing nonresidential use on similarly zoned land, up to 100% of the required landscaping along such lot line may be relocated on the site, as approved by the Administrator, in a manner that enhances the general aesthetics and screening and buffering needs of the site.
§ 175-15.8 Special provisions for commercial and industrial uses.
No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards are taken to reduce dangerous and objectionable conditions to acceptable limits and are approved by the Administrator prior to initiation of the use.
§ 175-15.9 Hazardous, toxic or obnoxious elements.
The Administrator, prior to the approval of an application for a building permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
§ 175-15.10 Inoperable/junk vehicles.
The parking of more than one inoperable motor vehicle, excluding farm vehicles, boat trailers and antique motor vehicles in operable condition within the eight zoning districts created by this chapter for a period of more than 60 continuous days shall be prohibited, unless such vehicle is stored within a fully enclosed building or structure or otherwise shielded or screened from view.
A.
Definitions as used in this section:
(1)
MOTOR VEHICLE OR VEHICLE — Any motor vehicle, trailer or semitrailer, or any part thereof as defined in § 46.2-100 of the Code of Virginia, 1950, as amended.
(2)
SHIELDED OR SCREENED FROM VIEW — Not visible by someone standing at ground level from the outside of the property on which the subject vehicle is located by using one of the following methods:
B.
The provisions of this section shall not apply to a business licensed by the County and regularly engaged in business as an automobile dealer, automobile repair facility, automobile salvage dealer, salvage dealer, or scrap processor, nor to trailers or semitrailers used for storage and located on property as accessory uses to active agricultural operations.
[Amended 4-26-2022]
C.
The provisions of this section shall not apply to any entity which was licensed and regularly engaged in business as an automobile dealer, salvage dealer or scrap processor lawfully established before or after the adoption of this chapter.
D.
The Zoning Administrator may remove or cause to be removed any inoperable motor vehicle, trailer or semitrailer not kept within a fully enclosed building or structure or properly shielded or screened from view, whenever the owner of the premises, after 30 days' notice, has failed to do so. In the event the Administrator has removed or caused to be removed such motor vehicle trailer or semitrailer, he may, after giving an additional 14 days' notice to the owner of the vehicle, disposal of such vehicle. The cost of any such removal and disposal of such vehicle shall be charged to the owner of the vehicle or premises and may be collected by the County as taxes are collected. Every cost authorized by this section with which the owner of the premises has been assessed shall constitute a lien against the property from which the vehicle was removed, the lien to continue until actual payment of such costs has been made to the County.
E.
A violation of this section is also subject to the enforcement procedures, remedies and penalties identified in Article 20 of this chapter.
§ 175-15.11 Emergency permits.
A.
To prevent a hardship where a structure or manufactured home has been destroyed by fire or by any other cause beyond the owner's control and a conditional use permit is required by this chapter to replace the same, the Zoning Administrator may approve the replacement of the structure or the manufactured home by the owner of the original structure or manufactured home.
B.
If a structure is destroyed, the Zoning Administrator may also approve the location of a manufactured home on the same lot for a limited period of time to permit the owner to have a place to live or conduct his business during repair or rebuilding of the structure.
C.
The Zoning Administrator shall not require a variance and/or conditional use permit when considering the aforesaid applications.
D.
The foregoing provision shall not apply where there is a change of ownership of the land, structure or manufactured home.
§ 175-15.12 Widening of highways and street.
Wherever 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 or governing body may require 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 planned street or highway widening.
§ 175-15.13 Cluster development.
A.
Cluster development objective. The objective of "cluster development" is flexibility with the objectives to:
(1)
Provide a more desirable living environment;
(2)
Encourage creative approaches in residential development;
(3)
Encourage a more efficient, aesthetic and desirable use of open areas;
(4)
Encourage variety in the physical development pattern of the County;
(5)
Assist in reducing cost in residential development; and
(6)
Maintain the agricultural resources in the County through more efficient use of land.
B.
Where permitted.
(1)
Cluster development of multifamily dwellings shall be permitted with conditional use permit in the Business-2 (B-2) Zoning District provided that site plan approval shall be required for any cluster development prior to issuance of a conditional use permit.
(2)
Cluster development of single-family dwellings shall be permitted by right in the RU, R-1, and R-2 Zoning Districts.
C.
Cluster density and intensity. Cluster development, under subdivision and site plan control, may be permitted provided the gross population or housing density or intensity of an area remains unchanged and conforms to the basic overall density requirements of the zoning district in which the development is proposed.
D.
Cluster development standards.
(1)
There are no lot width or area requirements. This flexibility is offered to encourage innovative site designs that are in accord with the intent of promoting efficient use of land, variety in housing choices, higher levels of amenities, and reservation of open spaces and natural features.
(2)
The above notwithstanding, any lots abutting the exterior boundary of the cluster development shall be the same size as would be required of conventional development unless the abutting development shall have been developed as a cluster development. A lot shall be considered to be abutting unless an area of open space separates it, which is not less than 50 feet in width.
(3)
Ingress and egress to a cluster development shall meet the following requirements:
(4)
The minimum setback from external streets shall be that which is prescribed in the underlying zoning district.
(5)
The minimum setback from internal streets shall be 30 feet.
(6)
Side yard setbacks on each individual lot shall be a minimum of 10 feet, and rear yard setbacks shall be a minimum of 20 feet.
(7)
No less than 40% of the gross area of a cluster development shall be reserved as common open space, including recreational space, which shall be maintained for the benefits of the residents of the development.
(8)
The common open space shall be arranged and designed so as to facilitate its use, ensure continuity of design, and preserve sensitive environmental features. Failure to achieve these goals shall be sufficient reason for the Zoning Administrator to deny applications for cluster development approval or to require modifications, which may include loss of lots.
(9)
Whenever there is a conflict or difference between the provisions of the article and those of the other articles of this chapter or the County's subdivision ordinance, the provisions of this article shall prevail for the development of cluster developments. The applicable provisions found elsewhere in this chapter or the subdivision ordinance shall govern subjects not covered by this article.
E.
Cluster development applications. Applications for cluster developments shall be made in the same manner as prescribed for conventional subdivisions in the County's subdivision ordinance. Applications for cluster developments shall also include the following:
(1)
A tabulation of the total number of acres in the project and the percentage thereof proposed to be devoted to the different dwelling types, off-street parking, streets, parks and open space.
(2)
A statement setting forth the maximum number of dwelling units that are proposed, the overall project density in dwelling units per acre and the range of approximate lot sizes.
(3)
A delineation of those general areas that have scenic assets or natural features deserving of protection and preservation and a statement of how such will be accomplished.
(4)
A statement or visual presentation of how adjacent and neighboring properties shall be protected from any adverse effects prompted by the proposed development, to include vehicular access plans, proposed measures and types of screening, and dimensions of all buffers that will be provided.
(5)
A statement setting forth the maximum height of all proposed buildings and the general location of all the buildings.
(6)
A statement of those special amenities that shall be provided within the cluster development.
(7)
A report setting forth the proposed development schedule indicating the sequence of development of the various sections and the approximate starting and completion date for the construction of each stage.
§ 175-15.14 Requirements for condominiums.
A.
Definitions. For purposes of this section, the meaning of all terms shall be controlled by Chapter 4.2 of Title 55 of the Code of Virginia, 1950, as amended.
B.
Where permitted. Condominiums shall be permitted with a conditional use permit in the Business-2 (B-2) Zoning District, in which is permitted physically identical development provided that site plan approval shall be required for any condominium development prior to issuance of a conditional use permit.
C.
Compliance with chapter. All condominiums and the use thereof shall in all respects comply with the provisions of this chapter and its districts, and no vested rights shall be created upon the conversion to condominiums of the use thereof if either the condominium or the use thereof does not conform to the provisions of this chapter. Except as otherwise specified, provisions of this chapter applicable to condominiums shall be those provisions applicable to physically identical developments.
§ 175-15.15 Supplemental regulations for multifamily residential and flexible residential/business uses.
A.
Area, setback, height, and other supplemental regulations for multifamily residential uses and flexible residential/business uses shall be as follows:
Two-Family/Duplex | Apartments | Townhouses | ||||
|---|---|---|---|---|---|---|
1. | Lot Size (Minimum) | 2 times the single-family residence lot size in the applicable zone | 2,000 square feet per unit | 2,000 square feet per unit | ||
2. | Development Size (Minimum) | 35,000 square feet | 43,560 square feet | 43,560 square feet | ||
3. | Density Per Net Acre (Maximum) | |||||
Without Public Central Sewer | 4 units/8 bedrooms in the B-2 District | 4 units/8 bedrooms | 4 units/8 bedrooms | |||
With Public Central Sewer | 4 units/8 bedrooms in the B-2 District | 6 units/12 bedrooms | 6 units/12 bedrooms | |||
4. | Lot Coverage (Maximum) | N/A | 40% | 40% | ||
5. | Street Frontage (Minimum) | 24 feet | 24 feet | 24 feet | ||
6. | Width Building Line (Minimum) | 125 | 150 | 150 | ||
7. | Building Setback (Greater of two:) | |||||
Right-of-Way (Minimum) | 50 feet | 50 feet | 50 feet | |||
Center Line (Minimum) | 75 feet | 75 feet | 75 feet | |||
8. | Side Yards | |||||
Main Buildings (Minimum) | 15 feet | 20 feet | 20 feet | |||
Accessory Buildings (Minimum) | 5 feet | 5 feet | 5 feet | |||
9. | Rear Yards: | |||||
Main Buildings (Minimum) | ||||||
Interior Lot | 50 feet | 50 feet | 50 feet | |||
Waterfront Lot | 75 feet | 75 feet | 75 feet | |||
Accessory Buildings (Minimum) | ||||||
Interior Lot | 5 feet | 5 feet | 5 feet | |||
Waterfront Lot | none | none | none | |||
10. | Setback Along Portions of Routes 14 and 198 Per § 175-15.20 (Minimum) | 100 feet | 100 feet | 100 feet | ||
11. | Height | |||||
Main and Accessory Buildings (Maximum) | 50 feet | 50 feet | 50 feet | |||
12. | Corner Lots Side Yard | |||||
*On Side Street (Minimum) | 35 feet | 40 feet | 40 feet | |||
B.
Multifamily residential uses shall comply with the other requirements of this chapter such as, but not limited to, the off-street parking regulations set forth in Article 12.
C.
For all multifamily residential uses, a minimum of four copies of all proposed Homeowner association agreements shall be submitted to the agent for review upon site plan submittal to ensure adequate future operation, maintenance and repair of commonly held private facilities and properties such as potable water, sanitary sewer, stormwater drainage, open space and recreation areas, and road and off-street parking areas. For all multifamily condominium residential uses, four copies of the proposed instrument(s) to be used to convey said dwelling units under the Virginia Condominium Act also shall be provided upon site plan submittal for adequate documentation of such method of property conveyance.
D.
Flexible Residential/Business Uses.
(1)
Use regulation:
Flexible Residential/Business Structure | ||
|---|---|---|
Lot Size (Minimum) | 2,000 square feet per dwelling unit | |
Development Size (Minimum) | 43,560 square feet | |
Density Per Net Acre (Maximum) | 6 dwelling units/12 bedrooms | |
Lot Coverage (Maximum) | 100% | |
Street Frontage (Minimum) | 24 feet |
(2)
All side and rear yard setbacks, lot width and building setbacks must meet all other applicable regulations in this chapter for business uses.
§ 175-15.16 Minimum setback and distance requirements for certain permitted agricultural and forestal uses.
[Amended 1-24-2017]
All uses and/or buildings given below shall comply with the following minimum distance requirements as applicable:
Adjoining lot line of residence not on same property or Business, Conservation or Residential District (feet) | Adjoining side or rear lot line that does not border other lots with residence or Business, Conservation or Residential District (feet) | Adjoining street or road right-of-way (feet) | Adjoining drainageway or drainage Easement (feet) | |
|---|---|---|---|---|
Grain, pea or bean dryer | 100 | 50 | 75* | 10 |
Hog feed lots, containment buildings and lagoons | 200 | 100 | 100 | 50 |
Poultry operation buildings, commercial | 200 | 100 | 100 | 50 |
Buildings for the caring or raising of large or small animals, fish or birds not otherwise provided herein; but excluding home occupations | 200 | 100 | 100 | 50 |
Buildings for storage of farm equipment | 20 | 20 | 75* | 10 |
Permanent buildings for the sale of products raised on the premises | 100 | 50 | 75* | 10 |
Temporary buildings for the sale of products raised on the premises | 100 | 50 | 25 | 10 |
Sawmill, permanent or temporary | 200 | 100 | 100 | 10 |
Stable buildings, commercial or private | 100 | 100 | 100 | 50 |
NOTES: | |
|---|---|
* | Except as required by Article 21 |
§ 175-15.17 Measuring of lot width.
A.
Lot width at the front lot line shall be measured as the shortest distance between the two points created where the side lot lines intersect the front lot line.
B.
Lot width at the front building line shall be measured as the shortest distance along a straight line which passes through a point on each side lot line and the point on the building, structure or use, subject to such regulation, nearest the front lot line.
C.
Lot width at the shoreline shall be measured at the straight line distance which is the shortest of the following:
§ 175-15.18 Measuring of shoreline setback.
Every shoreline setback required by this chapter shall be measured as the shortest distance between any point on the shoreline and any point on the building, structure or use subject to such setback requirement. The Board of Zoning Appeals may waive shoreline setback and permit a principal building on or near the shoreline where access to proximity to the water is reasonably necessary to the operation of the facility. Such waiver shall be given as a variance in accordance with the provisions of Article 19.
§ 175-15.19 Wetlands and water areas excluded from lot area.
In calculating the area of any lot for the purpose of compliance with the minimum lot area requirements of the district regulations, wetlands, including marsh, and areas outboard of the shoreline shall be excluded.
§ 175-15.20 Greater setback required for portions of Route 14 and Route 198.
A.
Along both sides of Route 14 from the Gloucester County - Mathews County jurisdictional boundary to the highway's intersection with Route 621, the minimum setback (yard requirement) for buildings, both primary and accessory, shall be 100 feet from the edge of the right-of-way.
B.
Along both sides of Route 198 from the northern edge of the right-of-way of Route 223 where it intersects with Route 198 to the southernmost point of the right-of-way of Route 641 where it intersects with Route 198/14, the minimum setback (yard requirement) for buildings, both primary and accessory, shall be 100 feet from the edge of the right-of-way.
§ 175-15.21 Interpretation of area requirements for multiple uses.
A.
In instances where it is proposed that more than one dwelling unit or principal business activity be conducted on the same lot or parcel, the minimum lot size requirement to conduct such multiple uses shall be equal to the number of principal uses times the minimum lot size for that zoning district. This requirement shall not apply to home occupations, accessory buildings appurtenant to residential, business, and conservation uses and to individual manufactured homes per § 175-15.3.
B.
In instances where more than one permitted principal use is allowed on the same parcel or lot such uses shall be situated on the lot in a manner that each use complies with the minimum yard, setback, lot width and other requirements for the zoning district in which it is located.
C.
Where such multiple uses on the same tract or lot utilize potable water or sanitary sewer facilities, the subdivision of such tracts or lots shall have prior approval by the Virginia Department of Health.
§ 175-15.22 Open dumps.
A.
Any open dump in existence upon the effective date of § 175-15.22A through D of this chapter shall be removed upon notice as required by § 175-20.8 of this chapter on or before 12 consecutive months subsequent to the effective date of this section.
B.
Any open dump in existence upon the effective date of this section and continuing in existence subsequent to 12 consecutive months after the effective date of said ordinance sections shall be removed 14 days after notice pursuant to § 175-20.8 of this chapter.
C.
Any open dump brought into existence after the effective date this section shall be removed within 14 days after receipt of notice of violation as required by § 175-20.8.
D.
Should the property owner fail to correct the above described condition after receipt of notice of violation as required by § 175-20.8 and Subsection A through C above, the Zoning Administrator shall order such condition to be corrected by County employees or agents. The cost thereof, together with an administrative handling charge of $20, shall be charged to and paid by the owners of such property and shall be collected by the County as taxes and levies are collected. The Zoning Administrator shall certify the costs and expenses to the Treasurer of the County who shall collect such amount and, if such amount shall remain unpaid for a period of 60 days, then the Treasurer of the County shall certify such charges as being unpaid to the Clerk of the Circuit Court of the County who shall record such amounts as unpaid in the Judgment Lien record book as a lien against said property.
§ 175-15.23 Special regulations for therapeutic massage facilities.
The following regulations shall apply to persons offering Therapeutic Massage services:
A.
Proof of certification and, if applicable, licensure from the State of Virginia shall be provided prior to approval of any zoning permit or business license.
B.
Therapeutic massage facilities shall be permitted by right in the B-2 and VMU districts.
[Amended 11-14-2023]
C.
Therapeutic massage services shall be permitted by right in structures including, but not limited to, schools, doctors' offices, and a client or patient's home. Zoning permits shall not be required for chiropractors, nurses, osteopaths, physical therapists, physicians, or surgeons located at an established medical professional office. Business licenses may still be required by the Commissioner of Revenue.
§ 175-15.24 Special regulations for certain adult uses.
Adult bookstores, adult theaters and cabarets shall be located a minimum of 500 feet from any church, school, residential district or other place where minors regularly congregate.
§ 175-15.25 Conditional use permit requirement for certain commercial uses.
A.
General requirements. A conditional use permit issued by the Board of Supervisors shall be required for:
(1)
Any convenience store;
(2)
Any commercial building (including a flexible residential/business structure) which exceeds 7,500 square feet of floor area; or
(3)
Any commercial building, not including those dedicated exclusively to office uses, which generates, or would be expected to generate, 150 or more additional trips to and from the site during the peak hour of the operation based on the application of the Institute of Transportation Engineers (ITE) traffic generation rates contained within the latest edition of its book entitled Trip Generation. The applicable trip generation rate shall be determined by the Director of Planning and Zoning. The Director may permit other traffic generation rates to be used if an individual or firm qualified to conduct traffic engineering studies documents that the use would not reasonably be expected to generate the amount of peak hour traffic projected by application of ITE traffic generation rates and such documentation is acceptable to the Director and the Virginia Department of Transportation.
B.
New buildings, additions or expansions. A conditional use permit issued by the Board of Supervisors shall be required for a new building, addition or expansion when:
(1)
In combination with the existing structure, it exceeds the thresholds set forth in Subsection A of this section;
(2)
Five thousand square feet or more of commercial space is added or in combination with other new buildings or development 75 or more peak hour trips are generated above the rate generated by existing development; and
(3)
Such development is located on the same property as the existing structure or other parcel which is a logical component of such property. Factors to determine whether a parcel is a logical component include:
(a)
Common ownership or control of the parcels under consideration by the same person(s), entity(ies) or similar or related entity(ies);
(b)
Regardless of Subsection B(3)(a) above, shared access to public roads, shared parking arrangements, shared traffic circulation or shared service areas; and
(c)
Proximity. For the purpose of this Subsection, "proximity" means adjacent parcels; parcels separated by property under common ownership or control by the same person(s) or entity (ies) or similar or related entity(ies), or parcels separated by a public or private right-of-way.
§ 175-15.26 Lighting.
All nonresidential uses shall be subject to the following regulations:
A.
Parking areas. The lighting in parking areas shall be directed and designed so as not to produce glare on any adjacent property or right-of-way and no lighting fixture shall exceed a height of 30 feet.
B.
Canopies, awnings and roofs. Canopies and awnings may be internally illuminated by luminaries hidden from public view or by recessed fixtures with no bulb, lens or globe extending below the casing. The tops and sides of roofs shall not be illuminated by internal or external luminaries. Building mounted luminaries shall be horizontally mounted with recessed fixtures with no bulb, lens or glove extending below the casing. Visibility of lamps or bulbs shall be prohibited unless the applicant can demonstrate to the Director of Planning and Zoning that proposed luminaries shall not cast any glare on any adjacent property or right-of-way and such luminaries are limited in number and or intensity such that their purpose is accessory or decorative relative to the overall lighting plan for the site and not intended to provide general illumination for such site.
C.
Signs. If illuminated, signs shall have luminaries casting no glare upon any adjacent property or right-of-way. If external luminaries are used, such luminaries shall be ground-mounted spotlights or horizontal light bars/strips. The lamps or bulbs of external luminaries shall not be visible and spotlights shall be concealed by landscaping.
§ 175-15.27 Special regulations for owner-operator auto service.
The following shall apply to all owner-operator auto service facilities in addition to any conditions imposed with the requisite conditional use permit:
A.
The use of an unenclosed lift is permitted provided a privacy fence is installed to shield work performed on the lift from the view of the public roadway, consistent with Subsection D of this section. Vehicles too large for the enclosed garage may be repaired provided they do not remain on the property longer than 72 hours.
B.
All vehicles shall be parked in an orderly fashion.
[Amended 7-23-2019]
C.
Hours of operation may be determined by the County.
D.
All outside storage, including vehicles awaiting repair, waste disposal and recycling facilities, shall be screened from view by height appropriate opaque fencing and/or landscaping.
E.
One freestanding sign no larger than 16 square feet shall be used to identify the proposed auto repair. The sign shall not be internally illuminated and any illumination sources shall be shielded or otherwise screened from view to prevent glare and other potentially adverse effects. No additional business identification signs may be attached to or made part of the sign.
§ 175-15.28 Special regulations for short-term vacation rentals.
[Added 10-25-2016; amended 7-25-2023; 10-17-2024]
The following regulations shall apply to short-term vacation rental uses:
A.
No person shall rent, lease or otherwise exchange for compensation all or any portion of a dwelling unit as a short-term vacation rental without first obtaining a zoning permit and executing a short-term vacation rental use agreement.
B.
The number of transient guests shall not exceed two persons per bedroom for each dwelling unit, subject to the verification of Building Code and Health Department compliance. Should the owner/manager advertise or rent the subject short-term rental property in a manner that exceeds the allowable occupancy limits, the zoning permit allowing the short-term rental may be revoked.
C.
The owner of a short-term vacation rental shall designate a short-term vacation rental agent on the use agreement. The agent shall be able to respond within two hours of contact from a representative of the County in case problems arise with the property. A property owner may serve as the short-term vacation rental agent.
D.
There shall be no change in the exterior appearance of the short-term vacation rental unit and premises that would alter its essential character as a dwelling unit. The use shall not generate noise, glare, fumes, traffic or fire hazards which would create a nuisance on adjacent properties.
E.
Minimum off-street parking for the short-term vacation rental use shall comply with Article 12 of the Zoning Ordinance. No vehicles, watercraft or trailers of transient guests shall be parked in a private or public right-of-way in such a manner as to block vehicle access to a property.
F.
There shall be a fire evacuation route displayed in a common area of the short-term vacation rental.
G.
There shall be an operable 2-A:10-B:C fire extinguisher located in an accessible location inside the short-term vacation rental.
H.
Nothing in this section shall limit the County from enforcement of its Code or state or federal regulations.
§ 175-15.29 Special regulations for small scale alcohol production facilities.
[Added 3-27-2018]
The following shall apply to all small-scale alcohol production facilities:
A.
Hours of operation. No facility shall be open for retail sales between the hours of 2:00 a.m. and 1:00 p.m. on Sundays.
B.
Entrance and/or driveway access requirements. The facility shall use an off-street loading dock.
C.
Parking requirements. The facility shall adhere to the requirements in Article 12, Minimum off-street parking required.
§ 175-15.30 Special regulations for mobile food vending vehicles (food trucks).
[Added 12-19-2023]
The following regulations shall apply to mobile food vending vehicles within certain zoning districts of the County. These regulations shall not apply to the operation of food trucks operating in conjunction with a special event (i.e., Market Days or May Faire), or to food trucks operating in conjunction with a privately catered event not serving the general public.
A.
Administration: The operation of food trucks on appropriately zoned properties shall be permitted by administrative permit. Written application for a mobile food vendor permit shall be made to the Zoning Administrator or his designee. Such application shall be on forms provided by the County and shall be accompanied by the following:
(1)
A copy of a valid health permit from the Virginia Department of Health stating that food truck operation meets all applicable standards. A valid health permit must be maintained for the duration of the permit.
(2)
Verification of operation permit from the State Fire Marshal.
(3)
Written documentation of the consent of the owner(s) of the property or properties on which the food truck will be operated.
B.
General operational requirements.: The following standards and conditions shall apply to all food truck operations:
(1)
Parking. Food trucks shall not park, with the intent of vending, in designated handicapped parking spaces. Food trucks shall not obstruct pedestrian or bicycle access or passage, impede traffic or parking lot circulation or create safety or visibility problems for vehicles and pedestrians.
(2)
Permitting. The operator shall display, in a prominent location visible to potential customers, a copy of a valid business license and a copy of a valid health permit.
(3)
Setbacks. Food trucks shall be parked at least 100 feet from any off-site residential dwelling or the main entrance of any existing off-site restaurant establishment.
(4)
Signage. Signage that is permanently affixed to the food truck shall be permitted; however, flags, banners, flashing signs or other decorative appurtenances, whether attached or detached, shall not be allowed.
(5)
Lighting. No lighting shall be displayed on the exterior of the food truck. If a food truck is operating after dark, appropriate lighting may be used to illuminate the menu board and the customer waiting area adjacent to the vehicle. Such lighting shall not produce light trespass onto adjacent roadways or properties or into the night sky.
(6)
Trash. Operators must provide at least one trash receptacle within 10 feet of their food truck.
(7)
Liquid waste. No liquid wastes used in the operation of the food truck or food vending shall be allowed to be discharged from the food truck except into an approved sewerage system as permitted by law.
(8)
No tables, chairs, stools, benches or the like shall be permitted. Portable toilets ("porta potties") are not permitted.
(9)
Unless otherwise approved by the Zoning Administrator, mobile food vending vehicles/carts shall be removed from any site when the on-premises establishment closes for the day.
C.
The Zoning Administrator may revoke the permit at any time for failure of the permit holder to comply with any requirement of this section and to correct such noncompliance within the timeframe specified in a notice of violation. Notice of revocation shall be made in writing to the permit holder. Any person aggrieved by such notice may appeal the revocation to the Board of Zoning Appeals.