For the purpose of ensuring public safety, good arrangement and ensuring harmony with the comprehensive plan, site plans are required for certain uses specifically designated in this chapter. Site plans for such uses and additions and expansions thereto shall be subject to review and approval by the zoning administrator.

(Code 1999, § 9-277)

(a)

A schematic site plan may be submitted to the zoning administrator for a determination as to the general suitability of the development. This step is designed to encourage an applicant to submit informal plans for comment before the expense of final plans is incurred. The schematic plan should be drawn to scale showing the existing physical features and the proposed development.

(b)

Following a consultation with the zoning administrator with a schematic plan, a site plan shall be submitted to the zoning administrator for a determination as to compliance with the requirements of this chapter. The plan shall be drawn to scale showing the existing physical features and the proposed development. Six sets of plans shall be submitted to the county department of planning. The plan shall be drawn on sheets measuring 24 inches × 36 inches, and shall as a minimum contain:

(1)

Title of project.

(2)

Name and address of owners.

(3)

Name of engineer, architect, planner, landscape architect, surveyor or other preparer of the plan.

(4)

Location of site by an insert map at a scale of no less than one inch equals 2,000 feet.

(5)

Indication of the scale, north arrow, zoning and such information as the names and numbers of adjacent roads, streams and bodies of water, railroads and subdivisions, or other landmarks sufficient to clearly identify the location of the property.

(6)

Boundary survey of the site or a plan drawn to scale.

(7)

All existing and proposed streets and easements, their names, numbers, and width; existing and proposed utilities, watercourses and their names and owners.

(8)

Location, type and size of all entrances to the site.

(9)

General location of woodlines and general locations of tree stands.

(10)

A clear delineation of the following environmental features:

a.

Tidal wetlands;

b.

Tidal shores;

c.

Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or tributary streams;

d.

A 100-foot buffer area located adjacent to and landward of the components listed in subsections (b)(10)a—c of this section, and along both sides of any tributary stream;

e.

The site-specific geographic extent of the RPA;

f.

Other sensitive environmental features as determined by the director of environmental.

(11)

Provisions for off-street parking, loading spaces and pedestrian walkways; calculations indicating the number of parking spaces required and the number provided.

(12)

Number of floors, floor area, height and location of each building.

(13)

For a multifamily residential development, the number, size and type of dwelling units; location, type and percentage of total acreage of recreation facilities.

(c)

For the purposes of subsection (a) of this section, wetlands delineations shall be performed consistent with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1989.

(d)

The environmental features on the site shall be drawn at the same scale as required for the final site plan, and shall be certified as complete and accurate by a professional engineer, certified land surveyor or landscape architect. This requirement may be waived by the director of environmental when the proposed use or development would result in less than 5,000 square feet of disturbed area.

(Code 1999, § 9-278; Ord. No. O-02-18, 3-13-2018)

The zoning administrator shall examine and consider site plans with respect to:

(1)

The contents of the plan with respect to the minimum requirements set forth in section 98-862. If the site plan does not meet the minimum requirements, the entire site plan application and materials may be returned to the applicant. The zoning administrator shall provide the applicant a written summary of the deficiencies of the application.

(2)

Intensity of land use including developable acreage, density and adequate provisions of open space and recreational facilities as appropriate to the site usage and to the comprehensive plan.

(3)

Design and layout of the site including buildings; signs; recreational facilities; garbage and trash disposal facilities; sedimentation and erosion controls; stormwater management, sanitary sewer disposal and water supply exit and entrance points on the site including approximate line sizes; areas to be landscaped with approximate arrangement and plant types and sizes indicated; and provisions for pedestrian and vehicular traffic movements within and adjacent to the site. Particular emphasis shall be placed upon the review of on-site aesthetics; public safety features; environmental, historical and vegetative preservations; efficient layout of buildings, parking areas, off-street loading and unloading; movement of people, goods and vehicles (including emergency vehicles) from access roads, within the site, between buildings and vehicles. Vehicular access to the site shall be designed to aid overall traffic flow and to permit vehicles a safe ingress and egress.

(4)

Design standards as contained in this chapter as they relate to traffic circulation, parking, performance standards, location of structures, setbacks, yards, bulk, height and building coverage shall apply to site plan approval. Applicable standards of the state department of transportation shall apply, where appropriate, to site plan approval.

(Code 1999, § 9-279; Ord. No. O-02-18, 3-13-2018)

(a)

The zoning administrator shall notify in writing the applicant, owner or developer regarding the results of the schematic site plan review within 30 business days of date of submission.

(b)

Plan revisions shall be submitted no later than 90 days from the date upon which review comments were mailed or plans are rejected by the zoning administrator. Extensions in 60-day increments can be requested by the applicant provided reasonable cause for the request is provided.

(c)

The applicant is entitled to three reviews by the zoning administrator and appropriate review agencies. If plans are not in a form that can be approved at the end of the third review, the plans shall be rejected. The applicant must then reapply for site plan approval.

(d)

The applicant must submit a final site plan in accordance with section 98-865 within 12 months of the original application, or else the plans are rejected. Extensions in 60-day increments can be requested by the applicant provided reasonable cause for the request is provided.

(Code 1999, § 9-280)

(a)

Six copies of a final site plan shall be submitted to the zoning administrator who shall review the plans for compliance with applicable county regulations, the requirements for final site plans and any conditions of preliminary approval. The zoning administrator shall provide a set of all submittals to relevant agencies or departments for their review and written comment. The zoning administrator may require additional copies from the applicant, if necessary.

(b)

The final detailed plan shall be submitted in separate sheets or overlays as appropriate for accurate representation of the project. In addition to features required under section 98-862, the final plan shall as a minimum contain:

(1)

Areas to be screened, fenced, walled and/or landscaped, with approximate arrangements, plant types and sizes.

(2)

Existing topography and proposed finished contours.

(3)

All existing and proposed water supply and sanitary waste disposal facilities.

(4)

Provisions for the adequate control of stormwater drainage and erosion and sedimentation, indicating all proposed temporary and permanent control measures.

(5)

Computations notation to include the total site area, and the amount and percentage of the site covered by open space and buildings, or dwelling units for multifamily residential developments.

(c)

Final plans for all lands within RPAs shall include the following additional information:

(1)

The delineation of the resource protection area boundary;

(2)

The delineation of required buffer areas;

(3)

All wetlands permits required by law;

(4)

The delineation of septic tank and reserve drainfield;

(5)

The delineation of any vegetation required to be preserved under article II, chapter 94 of this Code.

(d)

The zoning administrator may waive any of the site plan submission requirements if, in his opinion, the data is not relevant or necessary due to the nature of the proposal.

(Code 1999, § 9-281; Ord. No. O-02-18, 3-13-2018)

(a)

Upon successful completion of the final site plan review process, the zoning administrator shall mark such plan as approved and shall transmit to the code official one set of the approved plan. One copy of the approved plan shall be transmitted to the developer, owner or authorized project agent, and one copy of any correspondence and plans shall be retained by the zoning administrator. Final site plans shall be reviewed and approved or disapproved within 60 days after all required information is submitted to the zoning administrator.

(b)

Once a site plan has been approved, no development shall occur on the parcel which is not in accordance with the approved site plan.

(c)

Once development has been completed in accordance with the approved site plan, one copy of final as-built drawings shall be supplied to the county showing the location of all public improvements and utilities.

(Code 1999, § 9-282; Ord. No. O-02-18, 3-13-2018)

After approval, a final site plan shall be valid for a period of one year. If, after one year from the date such plans are approved, construction has not commenced on the site, the final approval is revoked, and the administrator shall notify the code official that approval of such plan has terminated. An applicant may request reapproval provided the previous site plan is consistent with all applicable laws in effect at the time the reapproval is requested. All requests for reapproval shall be in writing and shall be reviewed/approved by the zoning administrator.

(Code 1999, § 9-283; Ord. No. O-02-18, 3-13-2018)

Upon application, an approved final plan may be amended by the administrator, provided that such proposed amendment does not:

(1)

Alter a recorded plat.

(2)

Conflict with the specific requirements of this chapter.

(3)

Change the general character or content of an approved development plan or use.

(4)

Have an appreciable effect on adjoining or surrounding property.

(5)

Result in any substantial change of major external access points.

(6)

Increase the approved number of units or height of buildings.

(7)

Decrease the minimum specified yards and open spaces or minimum or maximum specified parking and loading spaces.

(Code 1999, § 9-284)

Any decision made by the zoning administrator relating to site plan standards may be appealed to the board of zoning appeals by the applicant. All requests for appeal shall be in writing and shall be filed within 30 days of the date of notification of the decision.

(Code 1999, § 9-285; Ord. No. O-02-18, 3-13-2018)

(a)

The purpose of this section is to establish performance standards allowed in the county in business and manufacturing zoned classifications. The purpose of such performance standards is to ensure compatibility with surrounding uses, conformity with the adopted comprehensive plan, and the protection of the public interest and welfare.

(b)

Henceforth, all proposed developments and uses of land shall be designed and constructed in accordance with the applicable portions of these standards based on the category of the use. These standards apply whether the use is permitted as a matter of right or with a conditional use permit.

(c)

Nothing in this article shall be interpreted as preventing the imposition of additional standards and requirements on uses for which conditional use permits or special exceptions are required.

(d)

Where standards are set forth as applying to all uses within a certain category of uses, there shall be no requirement for the specific use to be individually listed in order for the performance standards to apply. The zoning administrator in his or her sole discretion is authorized to determine the applicability of standards to specific uses and situations.

(e)

Where standards are set forth as applying to all uses within a certain category of uses, there may also be additional standards set out for sub-categories of uses and/or specific uses. In such cases, all relevant standards; general, sub-category and specific; apply to the specific use.

(f)

All relevant standards; general, sub-category and specific; applicable to a use shall also apply to the access to such use to the extent such access is from other than a public road under public maintenance.

(Ord. No. O-18-07, 7-23-07)

(a)

Standards for all business, commercial and service uses.

(1)

Other than in any village district all off-street parking and loading spaces for all commercial and retail uses shall be consistent with the transitional buffer requirements found in article XXVII of this chapter.

(2)

All development shall comply with landscaping standards found in article XXVII of this chapter.

(3)

Outdoor lighting shall be sufficient to protect public safety and shall comply with the standards of the Crime Prevention through Environmental Design Guidelines produced by the Virginia Crime Prevention Association and dated December 2004; however, no outdoor lighting fixture shall be installed, aimed, or directed to produce light or glare that spills over into neighboring properties or the public right-of-way that exceeds 0.5 foot candles within two feet of the property line of the light source. All site lighting fixtures shall be mounted a maximum of 25 feet above ground, shall be full-cutoff, as defined by the Illuminating Engineering Society of North America (IESNA), and shall have fully shielded and/or recessed luminaires with horizontal-mount flat lenses that prevent upward light scatter and protect the dark night sky. All site lighting fixtures and illumination levels shall be compatible with the architecture of the principal building on the site.

(4)

Outdoor speaker or paging systems shall be directed away from property lines and shall not be audible on adjacent properties or rights-of-way.

(5)

The minimum front setback from a right-of-way for structures such as fuel dispensing pumps, pump islands, canopies, customer service kiosks, and similar uses shall be 40 feet unless the district in which the use is located allows a lesser setback for the principal structure. All lighting mounted on or under canopies shall be full-cutoff of recessed fixtures that prevent upward light scatter and protect the dark night sky.

(6)

Any fuel dispensing or car wash activities conducted as accessory uses in conjunction with a commercial or retail operation shall be subject to the performance standards set forth in the relevant subsections below.

(7)

All utilities serving any business, commercial or service use shall be placed underground, unless a waiver or modification has been granted in accordance with section 91-128(4) of this Code. Existing overhead utilities that require relocation or expansion for any reason shall be removed and placed underground.

(8)

Irrigation of business and commercial properties shall require the use of low water volume and water-conserving systems. Any irrigation system, regardless of type shall be equipped with devices to measure natural rainfall and meter irrigation water usage and timing accordingly.

(9)

Access to business, commercial or service activities and on-site traffic circulation shall be designed to promote the safe and harmonious flow of vehicular and pedestrian traffic within the development itself, to adjacent existing or future development and to limit the disruption of external traffic. Site access shall be designed in general accordance with the recommendations contained in the National Cooperative Highway Research Program (NCHRP) Report 348, Access Management Guidelines for Activity Centers and the relevant standards of the Virginia Department of Transportation.

(10)

No outdoor storage of goods or materials shall be permitted in any front yard nor shall it encroach upon any required landscaping, public or private street right-of-way, parking facility, or loading space.

(11)

All dumpster pads, loading areas and outdoor storage areas shall be screed from view of all public streets or residential properties by landscaping supplemented by masonry or wooden fencing. Illumination of dumpster pads and the area between dumpsters and the service doors of facilities that utilize the dumpsters for trash disposal shall be provided in accordance with the standards of the Crime Prevention through Environmental Design Guidelines for any facility having working hours between dusk and dawn.

(12)

All spills of hazardous materials shall be contained on the site and cleaned up immediately using approved methods. The fire chief shall be notified of all such incidents that meets the reporting standards established by New Kent County or state or federal agencies.

(13)

In the event the business, commercial or service activity ceases operation, written notice shall be provided by the owner/operator to the zoning administrator within 30 days after such activity ceases. The following provisions apply:

a.

The property shall be maintained in a clean and neat manner with no accumulation of debris, garbage or detritus; all landscape materials shall be tended, trimmed and kept in a healthy growing condition; all structures on the site shall be maintained in a clean and neat manner, painted or re-painted at appropriate intervals; and all signage referring to the closed business, commercial or service activity shall be removed or covered with a durable opaque material.

b.

In the event the business, commercial or service activity remains inactive for a period in excess of two years, the owner/operator shall be responsible for performing the following:

1.

All specialized equipment that may hinder future use or sale of the property shall be removed;

2.

The real property where such specialized equipment has been located shall be restored to the same grade or condition as the remainder of the property and maintained either as landscaped green area or as paved parking area until a new site plan for same has been approved by the county. Except in the restored area that is established as landscaped green area, the paved area shall be re-striped to match the remainder of the parking lot.

3.

If the inactive business included fueling equipment or operations, all tanks, tank lines, fueling equipment (including the gas pumps and fueling islands) shall be removed; all applicable state and federal environmental protection and mitigation requirements shall be observed in the removal and site restoration process.

c.

The requirement to remove the above-noted specialized equipment may be stayed for a maximum of six months in the event the property owner provides documentation to the zoning administrator of the existence of an executed and pending contract for sale or lease of the property for the same use. If such an extension is granted, the actual conveyance, and the re-establishment of the use, must occur within said six-month period. In the event such contract lapses, the removal requirement shall be immediately reinstated.

(b)

Standards for all motor vehicle services and related uses.

(1)

The site plan shall detail the physical methods to be employed on the premises to ensure that no hazardous or petroleum-based products are permitted to infiltrate into groundwater or surface water resources and that all federal, state and local requirements are fully satisfied.

(2)

No vehicle parking, storage or display associated with such uses shall be permitted to occur on adjacent public rights-of-way.

(3)

Car washes shall utilize a low-volume water recycling system which provides for an average of at least 80 percent recycled water per wash.

(4)

For all business, commercial and service uses other than truck stops that provide commercial fueling of vehicles as a component of that business, the standards below apply. These standards are additive to any standards that already pertain to such uses. Where these standards conflict with the standards for another business, commercial or services use, the more restrictive of the two standards shall apply.

a.

Pumps and pump islands shall be designed and spaced such that vehicle fuels can be delivered to only one side of a vehicle at a time.

b.

No more than two pumps capable of fueling large over-the-road trucks shall be provided. Such pumps shall be separated from non over-the-road truck pumps.

c.

All parking on the premises shall occur in designated and marked parking spaces in accordance with the following provisions:

1.

Parking spaces shall not be provided for large over-the-road tractor-trailer type trucks.

2.

Loading zones providing for temporary standing of trucks while loading or unloading shall not accommodate more than two trucks.

3.

Signs and pavement and curb markings shall be installed to prevent parking other than where specifically permitted and designated on the site.

d.

Fire extinguishers and fire lands in types, numbers and locations approved by the fire chief shall be provided and shown on the site plan.

(c)

Standards for child care center, adult care center, day care center, preschool, nursery.

(1)

The minimum area required per child or adult for indoor space and outdoor recreational space shall be in conformance with the requirements for licensing by the state. All outdoor areas shall be adequately fenced or otherwise protected from hazards, traffic and driveways.

(2)

All loading and unloading of patrons other than from school buses or public transportation shall take place on-site and not in the public right-of-way.

(3)

All child and adult care facilities shall be located on the principal entrance floor and any other level which is not more than one-half above or below the grade at the location from which egress is provided to the street unless an elevator is available.

(4)

The zoning administrator shall not grant a permit until the applicant demonstrates an ability to meet all state certification requirements and state and local health department requirements.

(d)

Standards for commerce parks.

(1)

Commerce parks shall be designed and implemented to provide a mixed use business environment where services to the business enterprises and the employees of those enterprises are commingled within the park.

(2)

Uses permitted in commerce parks shall include the various types of establishments and uses listed as being permitted in the table of land uses for the particular district in which located. In addition, the following uses shall also be permitted:

a.

Day care centers, nursery schools;

b.

Technical, vocational, business schools;

c.

Conference centers, including golf courses;

d.

Post office stations;

e.

Health, exercise, fitness centers, swimming pools;

f.

Florists;

g.

Office equipment and office supply retail sales;

h.

Banks, financial institutions, brokerages;

i.

Hotels, motels;

j.

Sit down and carry-out restaurants;

k.

Printing, photocopying, blueprinting, reprographic, telecommunication, mailing, facsimile reception/transmission services and other similar business services;

l.

Emergency care and first aid centers or clinics; and

m.

Computer hardware and software development and installation, including retail sales and service.

(3)

Uses permitted as accessory uses within a commerce park, however not permitted as free standing uses, unless permitted by the underlying zoning district, include:

a.

Boutiques, wearing apparel shops;

b.

Book, magazine, and card shops;

c.

Barber and beauty shops, personal care and grooming shops;

d.

Apparel services; and

e.

Convenience stores.

(4)

The minimum area required for the development of a commerce park under these provisions shall be five acres.

(5)

Any commerce park developed under these provisions shall provide the following minimum design features:

a.

Recorded restrictive covenants which serve to ensure the architectural and aesthetic unity of the proposed office or industrial park shall be established. Such covenants shall include design guidance for all building facades facing and visible to a public street or residential property. Additional covenants relating to the design and maintenance of landscaping, environmental protection, buffering, fencing, and screening shall also be provided. Copies of the covenants shall be submitted to the county with development plans. The developers' legal counsel shall certify that the standards contained herein have been met and shall clearly define the manner in which met. These covenants shall be in addition to any other covenants which may be necessary to comply with other provisions of this chapter.

b.

All ground areas within the park not developed in buildings, roads, driveways, pedestrian walkways, parking areas, loading areas, lakes, utility and drainage structures, or storage facilities shall be maintained with grass or other suitable ground cover and further landscaped with trees, shrubs, and flowering plants so as to create and maintain a "park-like" environment.

c.

All streets and roads within the development shall be designed and dedicated for public use.

d.

Outdoor architectural lighting shall conform to CPTED Guidelines and shall be provided at least at all major roadway intersections in order adequately to illuminate vehicular and pedestrian circulation routes, particularly at potential points of conflict. Lighting fixtures and the intensity of illumination shall be compatible with both the natural and architectural characteristics of the development.

e.

Parking facilities located in front of the principal building in commerce parks shall be landscaped to provide one deciduous shade tree and three shrubs per each five parking spaces.

f.

The following general standards for access and internal traffic circulation shall apply to all developments utilizing these provisions:

1.

Access to individual lots within the commerce park shall be exclusively from a public internal road system. The zoning administrator may modify this requirement in consideration of the topography and configuration of the site.

2.

Buildings and uses or groups of buildings and uses within the development shall be oriented to each other and in relation to parking areas and pedestrian routes in order to minimize the need for excess internal traffic movements.

3.

Pedestrian circulation systems may be installed within the required landscaped yards of properties in the park.

(6)

The process and procedure for establishing a commerce park shall be initiated by the property owner by submission of preliminary plans and documents relating to the commerce park together with a written request to establish a commerce park.

a.

The zoning administrator shall review and make a determination in writing regarding the applicability of these provisions within 30 days of receiving the written application.

b.

In making a determination regarding the applicability of these provisions to any proposed development, the zoning administrator shall specifically review the following:

1.

The adequacy of the proposed restrictive and protective covenants in promoting and ensuring an aesthetically pleasing "park-like" environment.

2.

Compatibility of the proposed design with the policies established within the comprehensive plan.

3.

The provision of safe and convenient circulation and access.

4.

The adequacy of all proposed landscaping and screening or the ability to provide adequate landscaping and screening.

5.

Those features which serve to clearly promote mixed use commercial, business and services development.

c.

The restrictive and protective covenants required herein shall be recorded contemporaneously with the first plat.

d.

The zoning administrator may deny requests for approval of commerce parks upon finding that such proposal does not meet the standards established herein, or when such proposal would not be in accord with adopted plans or policies, or would be incompatible with existing and planned land uses, or would create adverse traffic congestion and conditions beyond that which could occur as a matter or right, or would not be in furtherance of the public health, safety, or welfare.

e.

Final plats recorded for a commerce park and all deeds for lots within such development shall bear a statement indicating that the land is within an approved commerce park and shall specifically reference the existence of the restrictive and protective covenants.

f.

Action by the zoning administrator may be appealed in accordance with article XXVI, Board of Zoning Appeals, of this chapter.

(e)

Standards for construction contractor offices.

(1)

Construction contractor offices and storage yards shall be designed to minimize the noise impact of trucks, generators, and heavy equipment on adjacent properties and to prevent such noise from being audible on adjacent or nearby residential properties at any greater level than typical for residential areas.

(2)

Outdoor storage shall not encroach on any required setbacks or landscape yards and shall be effectively screened from view from public streets and adjacent property by use of landscaping supplemented by fencing.

(3)

Storage yards for construction materials and equipment shall be designed and located so as to minimize visual impacts on adjacent properties and public rights-of-way. Landscaping supplemented by fencing, if necessary, shall be required to enclose and screen such storage yards from direct views from adjacent public streets or from adjacent commercial or residential properties. The location of such outdoor storage areas shall be consistent with all applicable standards of the district in which located.

(4)

All portions of storage yards shall be treated and maintained in such manner as to prevent dust or debris from blowing or spreading onto adjoining properties or onto any public right-of-way. Such yards shall be maintained in a clean and orderly manner. Junk construction residue and debris shall not be permitted to be stored.

(5)

Construction contractor office operations in the A-1 district must be conducted as a home occupation under the conditions established for home occupations.

(f)

Standard for convenience stores.

(1)

Convenience stores may have access only to streets classified as collectors or a higher order unless within and a part of a planned unit development or a designated village.

(g)

Standards for game rooms and amusement facilities.

(1)

Other than in designated villages, game rooms, amusement arcades, pool and billiard halls and similar amusement facilities shall not be located closer than 1,000 feet to any school nor within 200 feet of any residentially zoned lot line.

(2)

Applications for such uses shall include proposed rules of operation and management standards which address:

a.

Procedures to preclude gambling and loitering;

b.

Regulations regarding the use of the establishment by school age children;

c.

Procedures for enforcement of rules;

d.

Hours of operation;

e.

Size of the establishment and number of amusement machines;

f.

Number of adult attendants required to be on the premises at all times; and

g.

Provisions and designs that will afford law enforcement officers the ability to view interior activities from the parking lot.

(h)

Standards for lumberyards and building materials establishments.

(1)

Outdoor storage yards or areas for lumber or building materials and delivery vehicles shall be designed and located so as to minimize visual impacts on adjacent properties and public rights-of-way. Landscaping supplemented by fencing shall be utilized so as to enclose and screen such storage yards in a manner which disrupts direct views of the storage yard from adjacent rights-of-way and properties. The location of such outdoor storage areas shall be consistent with all applicable standards of the district in which located.

(2)

Such uses shall be designed to minimize the noise impact on adjacent properties of trucks, forklifts, and other heavy equipment and to prevent such noise from being audible on adjacent or nearby residential properties at any greater level than typical for residential areas.

(i)

Standards for mini-storage facilities and mini-warehouses.

(1)

All storage for mini-storage warehouses shall be within a completely enclosed building provided, however, that the outdoor accessory storage of recreational vehicles on the same site is acceptable if such storage is screened from view from adjacent streets and residential properties by landscaping supplemented by fencing.

(2)

Loading docks shall not be permitted as part of any individual storage unit.

(3)

Except for purposes of loading and unloading, there shall be no parking or storage of commercial trucks, trailers, and moving vans. This shall not apply to rental trucks and trailers available for hire by consumers.

(4)

The minimum distance between warehouse buildings shall be 25 feet. Where vehicular circulation lanes and parking and loading spaces are to be provided between structures, the minimum separation distance shall be increased accordingly in order to ensure vehicular and pedestrian safety and adequate emergency access.

(5)

No activities such as sales or servicing of goods or materials shall be conducted from such storage units. The operation of such a facility shall in no way be deemed to include a transfer and storage business where the use of vehicles is a part of such business.

(6)

Storage of hazardous and flammable materials shall be not be permitted. The owner or operator shall establish rules and regulations for tenants that require that any liquid-fuel powered object or device stored in any storage unit shall have all liquid fuel drained and fuel tanks shall be left unsealed during storage.

(7)

The maximum length of any single storage building shall be 200 feet.

(8)

Mini storage warehouses located in any district other than the industrial district shall have all sides visible to a public right-of-way faced in brick, architectural block, residential siding, or some other material approved by the zoning administrator as being compatible with surrounding properties, development and the intent of the district in which located. Doors providing access to individual units shall face inward and direct views from public roads of such doors shall be obscured by landscaping supplemented if necessary by earth-forms.

(j)

Standards for motor vehicle service stations and motor vehicle repair garages.

(1)

Motor vehicle service and minor repairs shall be deemed to include engine tune-ups, oil changes and lubrication, and the repair or installation of mufflers, tailpipes, exhaust pipes, catalytic converters, brakes, shock absorbers, tires, batteries, and similar automotive components as determined by the zoning administrator. Repairs specifically shall not include body work and painting.

(2)

All major repair or installation work shall be conducted indoors. Used or damaged equipment removed from vehicles during the repair process shall be stored indoors or shall be deposited in an approved covered outdoor collection receptacle for appropriate off-site disposal.

(3)

Temporary overnight outdoor storage and parking of vehicles waiting for repair or pickup shall be permitted. Appropriate and adequate parking areas shall be provided and set aside on the site for such vehicles. No long-term (45 days or more) storage and parking of vehicles which require major repair work shall be permitted.

(4)

Landscaping supplemented by fencing if necessary shall be utilized to fully screen vehicular storage areas. All fencing shall be maintained in good condition and kept free of litter and debris.

(k)

Standards for motor vehicle body work and painting.

(1)

All major work shall be conducted indoors.

(2)

Used or damaged equipment removed from vehicles during the process shall be stored indoors or shall be deposited in an approved covered outdoor collection receptacle for appropriate off-site disposal.

(3)

Temporary overnight outdoor storage and parking of vehicles waiting for repair or pickup shall be permitted. Appropriate and adequate parking areas shall be provided and set aside on the site for such vehicles. No long-term storage (45 days or more) and parking of vehicles which require major repair work shall be permitted.

(4)

Landscaping supplemented by fencing if necessary shall be utilized to fully screen vehicular storage areas. All fencing shall be maintained in good condition and kept free of litter and debris.

(5)

Ventilation systems shall be utilized which prevent objectionable emissions, including, without limitation, odors, paint particles, and residues from migrating to adjacent properties. Compliance with this standard shall be certified by a professional engineer or architect.

(l)

Standard for plant nurseries, garden centers, and landscape contracting and storage establishments.

(1)

Plant nurseries, garden centers, greenhouses, and landscape contracting and storage establishments shall be designed and used primarily for the growing of nursery stock for gardens, grounds, and yards and the wholesale or retail sale of such stock; and the off-site installation of such stock. Such uses may include the sale of ancillary items which are customarily associated with maintaining and preserving the life and the health of nursery stock, grounds, gardens and yards.

(m)

Standards for timeshare resorts (interval ownership).

(1)

Timeshare resorts shall be comprised of two or more residential units for which the exclusive right to use, possession, or occupancy circulates among various owners or lessees thereof in accordance with a fixed time schedule on a periodically recurring basis.

(2)

Residential occupancy for more than six months during any 12-month period of any units by any individual or family other than that of a resident manager or staff and family thereof shall not be permitted.

(3)

All agreements and restrictions pertaining to ownership and maintenance of common areas on the site shall comply fully with Code of Virginia § 55-560 et seq., the Virginia Real Estate Time-Share Act. Certification by the developer's legal counsel that the referenced standards have been met shall be submitted with development plans.

(4)

Timeshare resort development shall follow the site development and design standards contained in this chapter for the style(s) of residential units to which it is most similar.

(n)

Standards for shopping centers.

(1)

The dimensional requirements for the development of a shopping center shall be based on the size of the center measured in gross square feet available for occupancy as follows notwithstanding the regulations of the district in which the center is located:

¹  Minimum parcel area must all be comprised of developable area.
²  For purposes of this paragraph only, "front" shall be determined by the principal road adjacent to the site and building orientation.

(2)

The following performance standards shall apply to all shopping centers with greater than 15,000 square feet of gross space available for occupancy:

a.

A minimum 20-foot landscape yard shall be provided around the perimeter of the shopping center site. Along all public street frontages, landscape yards shall be expanded to 25 feet. Landscape yards shall be landscaped with natural vegetation or with an appropriate combination of low-growing trees and shrubs to screen direct views of parking areas, but not the shopping center itself from adjacent public streets.

b.

The minimum landscaped open space for shopping centers shall be 25 percent of the net developable area of the site. The area of the required perimeter landscape yards and parking lot landscaped islands may be included when calculating such percentage. No less than 50 percent of the required site landscaping shall be located in front of the principal building on the site.

c.

Where no parking is provided or accommodated in front of the principal building on site, or where the shopping center site is larger than 20 acres the amount of landscaped open space required may be reduced to 20 percent provided that no less than 65 percent of the required open space is located in front of the principal building in the center and that direct views of parking from adjacent public roads are significantly disrupted by landscape methods.

d.

Landscaping plans for shopping centers shall be prepared by a Virginia certified landscape architect.

(3)

Access to shopping center out-parcels shall be designed such that the internal circulation system alone provides adequate access to each proposed out-parcel. Individual access to existing public roads for out-parcels shall not be permitted except as may be approved by the zoning administrator upon the demonstration within the traffic impact analysis that such an individual access will not violate the access management provisions of this chapter or the subdivision ordinance, will improve internal circulation and will not adversely affect traffic flows on the adjacent public roadway(s).

(4)

Accommodations for pedestrian circulation must be provided throughout the center and shall be appropriately separated from vehicular circulation in order to minimize congestion and safety hazards.

(5)

Buildings or groups of buildings within the center shall be oriented in relation to parking areas in a manner which minimizes the need for internal automotive movement once patrons have entered the site. Facilities and access routes for shopping center deliveries, servicing, and maintenance shall, so far as reasonably practicable, be separated from customer access routes and parking areas.

(o)

Standards for veterinary clinics, animal hospitals, commercial kennels, and animal boarding and grooming establishments.

(1)

Veterinary clinics, which term shall also include animal hospitals and commercial kennels, located within 200 feet of a residential property line shall be within a completely enclosed building. Such building shall be adequately soundproofed and constructed so that there will be no emission of odor or noise detrimental to other properties or uses in the area.

(2)

All animals shall be kept in pens or other enclosures designed and maintained for secure confinement.

(3)

A waste management plan which ensures sanitary handling of animal wastes and prevents contamination or pollution of adjacent lands or water bodies shall be submitted to and approved by the zoning administrator and the state department of health prior to establishment of such uses.

(Ord. No. O-18-07, 7-23-07; Ord. No. O-02-14, 1-13-2014; Ord. No. O-03-15, 2-9-2015)

(a)

Standards for all industrial uses.

(1)

All off-street parking and loading space for limited industrial uses shall be located not less than 35 feet from any residential property line and shall be effectively screened from view from adjacent residential properties by landscaping, supplemented, as necessary, by appropriate fencing materials.

(2)

Structures of 30,000 square feet or greater shall have fire lanes surrounding the structure(s) unless approved otherwise by the fire chief.

(3)

Outdoor storage shall not be located closer than 25 feet to any property line.

(4)

Bay doors shall be oriented away from streets and residential properties or screened from direct views by landscape means.

(5)

Outdoor lighting shall be sufficient to protect public safety and shall comply with the standards of the Crime Prevention through Environmental Design Guidelines produced by the Virginia Crime Prevention Association and dated December 2004; however, no outdoor lighting fixture shall be installed, aimed, or directed to produce light or glare that spills over into neighboring properties or the public right-of-way that exceeds 0.5 foot candles within two feet of the property line of the light source. All site lighting fixtures shall be mounted a maximum of 25 feet above ground, shall be full-cutoff, as defined by the Illuminating Engineering Society of North America (IESNA), and shall have fully shielded and/or recessed luminaires with horizontal-mount flat lenses that prevent upward light scatter and protect the dark night sky. All site lighting fixture styles and illumination levels shall be compatible with the architecture of the principal building on the site.

(6)

Outdoor paging system speakers shall be directed away from all residential property lines.

(7)

All manufacturing, industrial or storage uses shall be conducted so as not to produce hazardous conditions at or beyond property line boundaries by reason of odor, dust, lint, smoke, cinders, fumes, noise, vibration, heat, glare, solid and liquid wastes, fire or explosion.

(8)

Service drives or other areas shall be provided for off-street loading in such a way that in the process of loading or unloading, no truck will block the passage of other vehicles on the service drive or extend into any fire lane or other public or private drive or street used for circulation.

(9)

All manufacturing, industrial and storage uses and sites shall be operated and maintained in a neat and orderly manner, free from junk, inoperable equipment, trash, or debris (unless allowed by law otherwise). Buildings shall be maintained in a sound condition, in good repair and appearance. Weeds shall be cut as frequently as necessary, but not less than twice a year.

(10)

Incidental retail sales of products manufactured or assembled on site shall be permissible as an accessory use.

(11)

All necessary state and federal permits shall be obtained, or evidence that they are not required provided, prior to approval of any plan of development for industrial uses.

(12)

Access to industrial uses, unless entirely via public roads, shall require the same zoning consideration as the use itself.

(b)

Standards for industrial uses in the economic opportunity district.

(1)

Unless the items are for retail sale, no outdoor storage of goods or materials shall be permitted in any front yard nor shall it encroach upon any required landscaping, public or private street right-of-way, parking facility, or loading space.

(2)

All dumpster pads, loading areas and outdoor storage areas shall be screened from view of all public streets or residential properties by landscaping supplemented by masonry or wooden fencing.

(c)

Standard for all wholesaling and warehouse uses.

(1)

When located adjacent to or within 1,250 feet of a residential property line, sound baffles shall be utilized to prevent noise that creates an unreasonable nuisance on adjacent and nearby residential properties.

(d)

Standard for distillation of ethanol.

(1)

All equipment associated with an ethanol distillation process must be located at least 200 feet from all property lines.

(e)

Standards for mining, excavating, borrow pits and gravel pits.

(1)

Except as otherwise allowed for bona fide agricultural or silvicultural uses, no surface mine, which term shall include mining, excavating, borrow pits and gravel pits, shall be established, operated, or enlarged except as shall be permitted by conditional use permit. In granting said use permit, the board may authorize the establishment of, or any expansion or enlargement of, surface mining operations, subject to the following conditions, as well as any other reasonable conditions which the board determines to be necessary.

(2)

The restoration or reclamation of nonconforming, inactive, or abandoned borrow pits utilizing clean fill soil may be authorized by the board. The depositing of any material other than clean fill soil shall be classified as a landfill and is prohibited.

(3)

Any application for the authorization of such use shall be accompanied by a copy of the application required under the Virginia Minerals Other than Coal Surface Mining Law and the Virginia Department of Environmental Quality.

(4)

The requirements pertaining to location, operation, and restoration of surface mines borrow pits and gravel pits are contained below:

a.

The board shall determine that the property proposed for the surface mine shall be of sufficient size to accommodate the mining operation together with any buffers that may be necessary to ensure reasonable compatibility with adjacent properties and uses.

b.

If an existing surface mining or restoration and reclamation operation is enlarged or extended, these standards shall apply to both the then existing surface mine and the proposed extension or enlargement.

c.

The board, in considering whether to grant a conditional use permit shall determine that the mining operation can be conducted in a manner that is compatible with adjacent and nearby properties and that the site can be restored to a usable and productive purpose and condition. The board shall impose all such conditions as it deems necessary to ensure operational compatibility and site restoration.

d.

Local residential streets shall not be used for access to the surface mining or restoration operations. The permittee shall be limited to using those routes which are specified in its application and approved by the board in authorizing the conditional use permit.

e.

The board may, in consultation with VDOT, require the operator to post a sufficient surety or guarantee to cover any potential damages to the public road system attributable to the operation.

f.

All buildings, structures, storage areas, and accessory activities associated with the operations shall be subject to all applicable requirements of the zoning district in which the proposed surface mine is to be located. This is not to be interpreted to preclude the placement on-site of temporary accessory structures which are to be removed upon expiration of the permit.

g.

All equipment used for the extraction or placement or transportation of materials shall be constructed, maintained, and operated in such a manner as to eliminate any noise, dust, or vibration which would be injurious or create an unreasonable nuisance to persons living in the vicinity.

h.

All storage areas, yards, service roads or other non-vegetated open areas within the boundaries of the surface mining area shall be maintained so as to prevent dust or other wind blown air pollutants. Proposed methods of dust and debris control and equipment proposed for such control shall be included in the plan of operation and shall be located at the site during such operations.

i.

The board shall require the applicant to demonstrate how access to the site will be controlled and trespassing will be prevented during the time that mining operations are occurring on the property and after such operations have ceased.

j.

Surface mines shall be kept free from junk, inoperable equipment, trash, or unnecessary debris. Buildings shall be maintained in a sound condition, in good repair and appearance. Weeds shall be cut as necessary, but not less than twice a year. Only that equipment which is used in the operation of the surface mine shall be maintained and stored on the site, unless, however, vehicle storage or maintenance is permitted in the zoning district in which such mining activity is located. Equipment shall be removed from the site when mining ceases.

k.

The use of explosives in conjunction with the mining activity shall not be permitted unless specifically authorized by the board in granting a conditional use permit.

l.

Routine maintenance of equipment shall be conducted in such a fashion as to not allow the depositing of oil, grease, or other deleterious materials on the ground or within the confines of any future or existing water bodies.

(5)

Restoration and reclamation of the site shall be pre-planned and be approved as a part of the initial conditional use permit.

(6)

The zoning administrator shall be the final plan approving authority ensuring all conditions established by the board have been met, however, no final action shall be taken until the comments and recommendations of all reviewing agencies and departments have been received.

(7)

If the board has required posting of surety for any aspect of the site operations, the following general requirements shall apply to such surety for surface mining and restoration operations:

a.

Prior to commencement of the authorized activity, the permittee shall post with the zoning administrator a certified check, letter of credit, or cash escrow with surety satisfactory to the zoning administrator, approved as to form and content by the county attorney, guaranteeing the faithful performance of all conditions and requirements of the conditional use permit for which the board required surety. The amount of such surety shall be approved by the zoning administrator and shall be sufficient to guarantee performance of those aspects of the site operations that the board deemed necessary in the conditional use permit.

b.

If the site is to be disturbed and restored in phases, the surety may be reduced in a manner approved by the county attorney and an amount approved by the zoning administrator as phases are completed and approved.

c.

In the event any part of the approved operation or restoration covered by surety has not been followed, the zoning administrator shall require the forfeiture of such surety to cover the cost of necessary operational and restoration activities.

d.

Except as provided hereinabove, surety shall not be released until the zoning administrator certifies that the requirements of the approved restoration plan have been met. In this regard, the zoning administrator may, in order to evaluate the adequacy and success of revegetation efforts, delay the final release of surety guarantee for two growing seasons after the time of planting.

(8)

The following requirements shall govern any proposed changes in the approved plans of operations or restoration:

a.

If a permittee proposes changes in an approved original plan, or if additional land not shown as a part of the approved conditional use permit is to be disturbed, the permittee shall submit an amended application, operations plan and restoration plan which shall be reviewed in the same manner as an original plan and shall be subject to all provisions of this ordinance, as amended.

b.

All amendments, changes, and modifications of plans shall be valid only when evidenced by a written approval from the zoning administrator.

c.

A reasonable extension of time may be granted by the zoning administrator when he finds that weather conditions make compliance with an approved time schedule impractical.

(f)

Standards for storage yards for office and construction office trailers.

(1)

Such establishments shall be for the purpose of storage of office and construction trailers which are available for rent or lease on a temporary basis in conjunction with construction projects being conducted on other sites.

(2)

All setback, yard, and similar regulations of the district in which located shall apply to trailers stored or otherwise maintained on the property.

(3)

All trailers stored at the site shall be in a condition which will allow their transport to construction sites and use for storage or office purposes. Trailers which have deteriorated to a condition not conducive to transport, storage or office use, as determined by the zoning administrator, shall not be permitted to be stored on the subject site.

(4)

All such storage yards shall be screened from view from adjacent public rights-of-way by appropriate opaque privacy fencing and supplementary landscaping.

(5)

A site plan shall be required for such uses.

(g)

Standard for recycling centers and plants.

(1)

Unless operated within a fully enclosed building with sound attenuation materials or devices, mechanical motorized equipment shall not be located within 200 feet of any adjoining property which is within an agricultural, conservation or residential zoning district. This shall not be interpreted to preclude the occasional use of trucks and loading or moving equipment, but is intended to apply to permanent or semi-permanent installation of large processing equipment.

(h)

Standards for salvage yards, automobile graveyards, junkyards.

(1)

Salvage yards, automobile graveyards and junkyards shall comply in all respects with the terms of all other county ordinances and regulations.

(2)

No storage or display or inoperable vehicles or vehicle parts shall be located in any required landscape area, best management practice area depicted on a site plan, Chesapeake Bay resource protection area, or required open space.

(3)

Storage areas of such uses shall be effectively screened from view from all public streets and adjacent properties by landscaping supplemented by appropriate fencing materials. The landscape plan to accomplish this shall comply with landscape ordinance unless a more stringent standard is required by the board during the issuance of a conditional use permit.

(4)

All vehicles shall be drained of all liquids, fuel and oil prior to placement within the salvage yard. All liquids, fuel and oil shall be stored and disposed of in accordance with all federal and state statutes and regulations.

(Ord. No. O-18-07, 7-23-07)

(a)

Standards for all public, semi-public, institutional, educational, and recreational uses and facilities.

(1)

A site plan is required for all new construction or expansion of public semi-public, institutional, educational, and recreational uses and facilities unless specified otherwise in the specific performance standards below.

(2)

All off-street parking and loading spaces for public, semi-public, institutional, educational, and recreational uses and facilities shall be located not less than 35 feet from any residential property line and shall be effectively screened from view from adjacent residential properties by landscaping supplemented, as necessary, by appropriate fencing materials.

(3)

Unless found to be unnecessary and waived in writing by the zoning administrator at the time of application, a traffic safety analysis shall be submitted with all applications for public, semi-public, institutional, educational, and recreational uses and facilities uses. The analysis shall find that such a facility will have no demonstrable safety hazards at the site entrance(s) or it shall determine what improvements are necessary to making such a finding.

(4)

Outdoor lighting shall be energy efficient with an Energy Star or comparable rating. Outdoor lighting shall also be sufficient to protect public safety and shall comply with the standards of the Crime Prevention through Environmental Design Guidelines produced by the Virginia Crime Prevention Association and dated December 2004; however, no outdoor lighting fixture shall be installed, aimed, or directed to produce light or glare that spills over into neighboring properties or the public right-of-way that exceeds 0.5 foot candles within two feet of the property line of the light source. All site lighting fixtures shall be mounted a maximum of 25 feet above ground, shall be full-cutoff, as defined by the Illuminating Engineering Society of North America (IESNA), and shall have fully shielded and/or recessed luminaires with horizontal-mount flat lenses that prevent upward light scatter and protect the dark night sky. All site lighting fixture styles and illumination levels shall be compatible with the architecture of the principal building on the site.

(5)

Outdoor components of such uses, where located adjacent to residentially classified property, shall be setback at least 50 feet from any residential property line and shall not be routinely operated after 11:00 p.m. or before 6:00 a.m.

(6)

Indoor facilities located less than 25 feet from the property line of any residentially classified property and routinely operated after 11:00 p.m. or before 6:00 a.m. shall incorporate sound baffles into the building design to prevent audible noise on adjacent residential property.

(7)

Provisions shall be made to adequately accommodate both bicycle and pedestrian access and circulation including the provision of bicycle parking unless the zoning administrator determines such provision is unnecessary by reason of the location, hours of operation, or market orientation.

(8)

Outdoor speaker or paging systems shall be directed away from property lines and shall not unreasonably interfere with use and occupancy of adjacent residential properties.

(9)

All dumpster pads, loading areas and outdoor storage areas shall be screened from view of all public streets or residential properties by landscaping supplemented by masonry or wooden fencing. Illumination of dumpster pads and the area between dumpsters and the service doors of facilities that utilize the dumpsters for trash disposal shall be provided in accordance with the standards of the crime prevention through environmental design guidelines for any facility having working hours between dusk and dawn.

(10)

All public, semi-public, institutional, educational, and recreational uses and facilities shall be operated and maintained in a neat and orderly manner, free from junk, inoperable equipment, trash, or debris. Trash and garbage shall be disposed of properly in appropriate containers and removed at least weekly from the site in an approved manner. Buildings shall be maintained in a sound condition, in good repair and appearance. Weeds shall be cut as frequently as necessary to maintain a neat and orderly appearance. Weeds and grass shall be cut at least four times a year.

(b)

Standards for animal shelters.

(1)

All animals in animal shelters shall be kept in pens or other enclosures designed and maintained for secure confinement.

(2)

Animal shelters shall be certified by the Virginia Department of Agriculture and Consumer Services as complying with all state animal welfare laws and regulations.

(c)

Standards for archery, firearms, air gun and paintball ranges

(1)

Standards for all ranges

a.

A written list of the current range rules shall be prominently posted throughout the facility and filed with the department of community development. The operator of the range will require that each new user sign and date a copy of the range rules, stating that the user agrees to abide by such rules.

b.

A safety plan, meeting at the minimum the safety standards set forth in the National Riffle Association (NRA) Range Source Book, or its equivalent, shall be created for any range operation. Said plan shall be submitted for review to the sheriff and fire chief (or the director of public safety if appointed). Amendments to safety plans shall be reviewed prior to implementation. The safety plan shall address such items as the required certification of instructors and range masters, supervision of patrons, type of targets and methods of use, use of protective eyewear and equipment, and other similar operational requirements.

c.

Typical safety equipment for the type of shooting practiced at the range facility shall be required to be worn by all participants or spectators when in the vicinity of a shooting range. Signage shall be posted and shall conform to OSHA safety signage regulations.

d.

Being under the influence of alcohol, illegal drugs, prescription drugs, and over-the-counter drugs which impair judgment or motor control on range property is prohibited.

e.

Alcoholic beverages are prohibited on range property during range operations.

f.

The decibel limit at the property line of the range facility shall coincide with the appropriate standards set forth in the NRA Range Source Book.

g.

The range facility operator shall report in writing to the sheriff all known on-site and off-site projectile wounds and off-site property damage resulting from activity at the range facility and any measures that are proposed to address any deficiencies that may have contributed to the wounds or damages. The report shall be made within 24 hours after the existence of the projectile wound or damages become known to the operator.

h.

All shooting stations will be designed so they are directed away from all existing residential uses and residentially-zoned properties and all shooting of projectiles will occur only in a direction away from such existing uses and properties.

i.

In the construction of new safety features at existing ranges, county zoning, environmental, and building fees will be waived by the county provided a written request is presented to, and approved by, the zoning administrator prior to construction.

j.

For outdoor ranges, warning signs shall be posted at 100-foot intervals along the entire perimeter. Each sign shall include warning language along with a visual warning icon and shall comply with OSHA's danger and warning sign requirements.

k.

Any indoor shooting range shall be designed to contain all projectiles fired.

l.

All other state and federal safety regulations shall be followed.

m.

Hours of operation for outdoor ranges shall not begin before 7:00 a.m. or sunrise, whichever is later, and shall end no later than 7:00 p.m. or sunset, whichever is earlier, or such fewer hours as may specified by the issuance of a conditional use permit.

n.

Copies of all current certificates of insurance shall be provided annually to the county.

(2)

Standards for archery ranges

a.

An adequate barrier must be installed in all archery ranges so as to prevent the escape of arrows. Overhead baffles must also be in place to prevent the escape of arrows. All containment structures must be in accordance with the standards set forth in the NRA Range Source Book.

(3)

Standards for shotgun, pistol, rifle and air gun ranges

a.

Outdoor ranges.

1.

Discharge of firearms outdoors during Sunday hours shall not be permitted unless specifically authorized by the issuance of a conditional use permit.

2.

A three-sided earthen berm or other similar structure providing at least the equivalent safety must surround all firearms ranges so as to prevent the escape of projectiles. Overhead baffles must also be in place to prevent the escape of projectiles. All containment structures must be in accordance with the standards set forth in the NRA Range Source Book.

3.

Noise abatement barriers equal to or better than the NRA guidelines set forth in the NRA Range Source Book shall be utilized and shall appear on the site plan.

4.

When any part of an outdoor range encompasses water, wetland and Chesapeake Bay Resource Protection Areas, no lead bullets or shot shall be used. If steel shot is required, shot no larger than number six shall be allowed. If the state approves an alternative to steel shot, it shall be allowed, but shot shall be no larger than number six.

5.

Ranges for shotgun slugs, rifles, and pistols must install a rubber membrane or similar catching device shall be installed to prevent lead runoff.

6.

Spent bullets, bullet waste, and slugs shall be retrieved from outdoor ranges at least once a year.

b.

Indoor ranges.

1.

A ventilation system that complies with the OSHA standards for lead dust dissipation shall be installed and annually inspected.

2.

Regular cleaning of the facility shall be performed so as to minimize the impact of lead dust.

3.

Other lead monitoring and control actions shall be performed as stated in the NRA Range Source Book.

(4)

Standards for combat-style firearm ranges.

a.

All combat-style firearm ranges shall require a range master to be present at all times of operation.

b.

All combat-style firearm ranges shall be cold ranges.

c.

All combat-style firearm ranges shall be designed to contain all bullets fired within the property.

d.

The applicable standards for outdoor or indoor shotgun, pistol, rifle, and air gun ranges apply to combat-style firearm ranges.

(5)

Standards for skeet, trapshooting and sporting clays ranges

a.

Discharge of firearms outdoors during Sunday hours shall not be permitted unless specifically authorized by the issuance of a conditional use permit.

b.

Skeet, trapshooting, and sporting clay ranges shall be so designed and constructed that the distance to any adjacent property measured from the firing point or points in the direction of fire shall be not less than 300 yards.

c.

Noise abatement barriers equal to or better than the NRA guidelines set forth in the NRA Range Source Book shall be utilized and shall appear on the site plan.

d.

Guns other than shotguns are not allowed.

e.

Only 7½ lead shot or smaller shall be allowed.

f.

Spent casings shall be retrieved from outdoor ranges at least once a week.

g.

When any part of an outdoor range encompasses water, wetland and Chesapeake Bay Resource Protection Areas, no lead bullets or shot shall be used. If steel shot is required, shot no larger than number six shall be allowed. If the state approves an alternative to steel shot, it shall be allowed, but shot shall be no larger than number six.

(6)

Standards for paintball gun ranges.

a.

For all paintball ranges (including combat-style paintball ranges), a net or similar structure shall be in place to prevent the escape of projectiles from the firing area. As an alternative, a minimum of 100 yards shall exist as a buffer between the live fire boundary and the property line.

b.

Abandoned propellant canisters shall be regularly retrieved.

(d)

Standards for campgrounds and campsites.

(1)

The minimum acreage for a campground shall be 20 acres.

(2)

No structure, campsite, parking area or any other temporary or permanent improvement shall be located closer than 100 feet to any residentially classified property line.

(3)

No county-issued permit shall be granted until the applicant has furnished evidence that the proposed development meets all applicable state and local health requirements. All required permits shall be maintained for continued operation of the campground.

(4)

The campground shall be served by a 50-foot-wide right-of-way developed to the public or private road standards found in the subdivision ordinance and maintained in a passable condition by emergency vehicles in all weather conditions.

(5)

The gross density of the campground shall not exceed eight camping sites per acre. Each campsite shall be a minimum of 40 feet in width and 3,600 square feet in area.

(6)

One temporary storage building no larger than 100 square feet in size, and one permanent screened porch, deck, or patio no larger than 150 square feet in size shall be permitted on each campsite.

(7)

Accessory commercial uses are permitted, primarily or exclusively for the use of the campers at the campground (e.g., coin-operated laundry, convenience store, entertainment).

(8)

No one other than the owner or manager of the facility may reside at the facility for a period exceeding three consecutive months or 180 days per year.

(9)

All decks, porches, and structures accessory to the camping unit are subject to the requirements of the Virginia Uniform Statewide Building Code.

(e)

Standards for cemeteries.

(1)

Unless associated with and on property owned by a house of worship or an associated charitable entity, a cemetery shall be at least 20 acres in size.

(2)

Cemeteries shall only be located in those areas which have favorable soil and water characteristics as identified by an inspection of the soil by an engineer or soil scientist.

(3)

No permit shall be issued until all required state and local health department approvals have been obtained.

(4)

In lieu of a site plan, a plotting plan of the proposed burial sites and a traffic circulation and parking plan in the cemetery shall be submitted for approval.

(5)

No interment plot shall be located within 50 feet of any external public or private road right-of-way.

(6)

Rights-of-way throughout the cemetery shall be at least 20 feet in width.

(7)

Cemeteries shall not be located in residential classified districts unless associated with and on the same property as a house of worship.

(8)

Any organization or entity other than a house of worship or a charitable entity associated with a house of worship proposing to establish a cemetery shall submit evidence which demonstrates that the cemetery will be maintained ad infinitum including compliance with state licensing requirements.

(9)

For private family cemeteries with exclusive use by the property owners and/or family members, only the conditions set forth in subsections (2), (3), (5) and (7) above apply.

(f)

Standards for collection receptacles for recyclable materials. Administrative permits may be issued for collection receptacles for recyclable materials which are available for use by the general public and are used temporarily or on a regularly scheduled occasional basis. The provisions of this section do not apply to individual recycling bins or receptacles used by individual homeowners or businesses.

(1)

Such receptacles shall be intended to serve as collection points for recyclable materials such as paper, glass, metal, clothing and similar items.

(2)

Such receptacles shall be clearly incidental and subordinate to the principal use of the property on which they are located.

(3)

The receptacles shall not infringe on any vehicular or pedestrian access or circulation routes.

(4)

The receptacle shall be positioned on the property so that it is readily accessible and so that adequate off-street parking space is available for persons desiring to deposit items in it.

(5)

The receptacle, which may be a trailer, shall not be placed on a permanent foundation, nor shall it be connected to any utilities other than electrical service.

(6)

A sign, clearly indicating the materials being collected and the recipient or beneficiary of the items or materials collected, shall be painted on or otherwise permanently affixed to the receptacle. Such sign shall not exceed 16 square feet in area.

(7)

The applicant shall furnish written evidence of the approval of the owner of the property on which the receptacle is to be located.

(8)

In lieu of a site plan, a site sketch depicting the approximate position of the receptacle, entrances, circulation and parking shall be submitted.

(9)

The applicant shall be responsible for the proper maintenance of the receptacle and the timely retrieval of deposited materials. No materials, litter, or debris shall be allowed to accumulate around or overflow from the approved collection receptacle.

(10)

All applicable state and local business license regulations shall be complied with.

(g)

Standards for community centers and facilities.

(1)

Outdoor recreational facilities such as swimming pools and tennis courts shall be effectively screened from view from properties external to the development served by landscaping or appropriate fencing materials. Ancillary buildings or structures associated with such facilities shall be subject to the setback and yard requirements specified in the district in which located.

(2)

The otherwise applicable setback provisions from any residential property line do not apply to neighborhood or community recreation or assembly facilities which are approved as a part of an overall plan of development for a subdivision or planned development.

(h)

Standards for golf course/county clubs

(1)

Any application for a golf course shall include all information required for a site plan by this chapter. In addition, the following information and documents shall be prepared and submitted:

a.

Nutrient management plan.

b.

Intergraded pesticides management plan.

(2)

Irrigation using potable water sources shall be prohibited unless approved by the New Kent County Board of Supervisors with a favorable recommendation from the director of public utilities.

(i)

Standards for horse racing facility.

(1)

Horse racing facilities shall have direct or reasonably direct access to a principal arterial or higher order street under public ownership and maintenance.

(2)

Paved state-maintained roads will be provided for the site and all interior roads dedicated for purpose of vehicular access will be built to standards for state-maintained paved roads.

(3)

Any application for a horse racing facility shall include all information required for a site plan by this chapter. In addition, a waste stream impact study shall be prepared and submitted with the application.

(j)

Standards for health, exercise, outdoor, and indoor recreational facilities.

(1)

When adjacent to or near residentially classified property, noise, including impacts from parking on the site shall be located and designed to minimize noise impacts on those properties through the use of architectural and landscape means.

(2)

The owner or operator shall establish, prominently post and consistently enforce rules of conduct for patrons of the facility.

(3)

Outdoor recreational amusements include miniature golf, waterslides, skateboard rinks, baseball or softball hitting ranges, golf driving range, and other similar facilities and enterprises conducted outdoors.

(4)

For outdoor recreational uses containment fences or barriers shall be constructed and maintained in a manner that prevents balls and debris from leaving the property.

(5)

The owner or operator shall establish, prominently post and consistently enforce rules of conduct for patrons of the facility.

(k)

Standards for parks, playgrounds and recreation facilities.

(1)

Recreational facilities shall be designed in a manner which minimizes their impacts on adjacent properties.

(2)

Where recreation areas or facilities are proposed as a part of a residential development where housing units or lots are offered for sale, the areas or facilities shall be completed or substantially completed prior to the issuance of certificates of zoning for any adjacent residential units.

(3)

Recreational uses and facilities shall be designed in a manner which will promote and protect public safety. This shall include without limitation, effective security and safety lighting along pedestrian and bicycle routes and within parking lots, appropriate clear zones and surface around and beneath play apparatus, provision of emergency telephone capability, and such other similar things as the zoning administrator may deem appropriate or necessary.

(4)

Security fencing, where required or desirable, shall be of a type which is compatible with the overall architecture, scale, and character of the recreation facility and the community which it serves.

(5)

The zoning administrator may waive the requirement for completion and full plan implementation prior to the issuance of certificates of occupancy and, further, may waive some or all of the normally applicable surety requirements for recreational facility development which occurs after the community which it serves has been fully developed and where the type and financing of the community organization undertaking the project would so warrant.

(l)

Standards for theme park, amphitheater, or stadium.

(1)

Theme parks, amphitheaters and stadiums shall be surrounded by a 100-foot perimeter yard within which shall be established a Type C transitional buffer. In consideration of the particular character of such a proposed facility and its surroundings, the board may require a perimeter buffer area of greater depth or more intense landscaping.

(2)

A parking study shall be performed by a professional qualified to do such studies in order to determine the parking needs of the use. In addition, a grassed area shall be reserved on the site to provide overflow parking capacity equal to but not less than ten percent of the total parking spaces required by the study.

(3)

A traffic impact analysis, shall be prepared and submitted for review by the county and the Virginia Department of Transportation. The resulting access management plan and design shall ensure one clear lane for emergency access is maintained at all times for emergency personnel and equipment. Access roads and pedestrian walkways for the facility shall be designed for peak hour usage. Access drives to the facility shall be designed and sized, based on the traffic impact analysis, to accommodate the park volumes of vehicular traffic associated with arrivals and departures from the facility without unduly interrupting traffic flow on adjacent public rights-of-way.

(4)

The facility shall be served by an appropriate communication system, including both signage and public address system, to ensure efficient operations, vehicular and pedestrian traffic circulation, crowd management and emergency notification capabilities.

(5)

A noise analysis shall be prepared describing the projected sound transmission levels and frequencies, including those used in any radio broadcasting to on- or off-site receivers, or anticipated to be generated by the facilities or the events operated or conducted on the site. Such analysis shall include a discussion of both ambient and directional sound levels and frequency, and any proposed sound attenuation measures.

(6)

A report shall be submitted describing the proposed methods of crowd control and management, including security, vehicular and pedestrian traffic, first aid, emergency access, emergency communications and staffing levels and training. Proposed hours of operation shall also be described in the report.

(m)

Standards for all communication and broadcast towers—radio, television, cellular telephone, and microwave.

(1)

Documentary evidence of compliance with all National Environmental Protection Act (NEPA), Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) requirements shall be submitted by the applicant. No zoning certificate for any radio, television, or microwave towers shall be issued until the applicant provides evidence that the FAA has granted a permit for said tower or that no permit is required.

(2)

The entrance to the subject property shall be constructed in accordance with Virginia Department of Transportation standards for commercial entrances.

(3)

No communication equipment shall be installed which will in any way interfere with the county emergency communications system. Should any equipment associated with such facility be found by the county to have such an impact, the owner shall be responsible for the elimination of the interference within 24 hours of receipt of notice from the director of public safety or designee.

(4)

If at any time the owner of the subject property ceases to use or to diligently pursue continuation of the use of the tower, the owner shall dismantle and remove it within six months after ceasing to use it. The posting of surety by the applicant in an amount sufficient to cover the cost of dismantling shall be required, and the surety shall be submitted to the county prior to the issuance of the building use permit.

(5)

A section of fence at least six feet in height with barbed wire protruding outward shall be provided completely around the base of the tower and any associated equipment. A buffer of evergreen screening (trees or hedging) shall be provided around the entire facility to screen the base of the tower, the controller cabinets and other ground-mounted equipment with the exception of any associated office building. The buffer may be waived or modified by the zoning administrator for sites where sufficient vegetation exists around the tower site that will be protected and preserved during the construction process or where the tower location is sufficiently distant from public roads as to make screening less necessary or unnecessary.

(6)

A site plan of the proposed facility must be submitted to and approved by the zoning administrator. As part of the site plan submittal, the applicant must provide the county with detailed information regarding the proposed facility's location, latitude and longitude, and service area.

(7)

The facility shall not interfere with the radio, television or communications reception of nearby property owners in residence at the time of construction. The applicant shall take steps to successfully eliminate any such interference.

(8)

All towers and other structures shall meet all safety requirements of all applicable building codes.

(9)

Documentation must be submitted to the county establishing clear legal rights to access to tower site from deeded easements and right of ways including rights to ingress and egress over private roads.

(10)

A communication tower structure shall be set back from any property line a distance equal to 120 percent of the tower height. This setback shall not be required when such tower location is abutting or within the VDOT right-of-way of an Interstate highway.

(11)

A tower structure shall not be located within 750 feet of an existing residential structure unless the board finds that: (1) topographical or similar physical conditions existing on the property make such a set back an undue hardship or (2) the reduction in the set back will not adversely impact the peaceful enjoyment and use of the residential structure by its occupants. Any such reduction in the distance permitted by the board shall not result in a tower structure being erected at a distance nearer than 125 percent of the tower height to any dwelling unit and shall be buffered from view from that dwelling unit. These distance separation requirements shall not apply to the subsequent construction of a dwelling unit after the tower has been erected.

(12)

Verifiable evidence of the lack of antenna space on existing communication towers, buildings or other structures within the county and within two miles of the county boundary (the co-locations), and/or evidence of that the available co-locations as a whole will not provide adequate telecommunications service to the proposed service area. Such evidence shall include propagation studies and an affidavit executed by a radio frequency engineer stating that in its professional opinion the available co-locations are inadequate or otherwise unsuitable for the provision of telecommunications service to the proposed service area.

(13)

An engineering report, certifying that the proposed tower is compatible for a minimum of four users, must be submitted by the applicant. This requirement shall not apply to facilities that are constructed to be camouflaged and which in fact harmonize with the existing landscape, structures, and views. The applicant shall also permit collocation by additional users without requiring any form of reciprocal location agreement from subsequent users.

(14)

Unless otherwise allowed under the specific use conditions of a conditional use permit, or as a requirement of the Federal Aviation Administration, all structures shall have a galvanized steel finish. If painting is required by the FAA, documentary evidence from the FAA requiring such painting must be provided to the county by the applicant. Should the applicant request to construct the tower from materials other than galvanized steel, the applicant shall state the reasons for the request in the application, and the applicant shall also furnish the county with photographs, videos, or some other visual sample of the proposed finish.

(15)

Documentary evidence that the facility will not exceed applicable health standards established by the federal government and/or American National Standards Institute must be provided.

(16)

No advertising of any type may be placed on the tower or accompanying facility.

(17)

Evidence that adjoining property owners and other residents of the community have been contacted to discuss specific proposals prior to public hearings before the planning commission and board of supervisors must be provided within the application or no later than 45 days prior to the first scheduled public hearing.

(18)

The applicant shall conduct a balloon test or similar demonstration of visibility as a part of any application. Prior to the test, the applicant shall mail notice to all adjacent property owners and to the owners of any property located within 750 feet of the proposed tower whether adjacent or not and shall publish notice of intent to conduct the test in a newspaper of general circulation at least once a week for a period of two consecutive weeks.

(19)

Each telecommunications service provider who locates or otherwise places wireless communications equipment on a communications tower shall obtain a building permit from the county prior to attaching the equipment to the tower or erecting a structure on the tower or on its land and shall provide the building permit office with the costs of the communications equipment to be installed as well as the other related construction costs.

(20)

The tower owner shall notify the county no later than March 1 of each year of the name, address, and telephone number(s) for the tower owner and each lessee on the tower and the registered agent for each.

(21)

The applicant shall provide the county with space(s) on the communications tower for the location of its public safety transmitting and receiving antennae at no cost. Other than the providers who have submitted evidence of a need for a location on the communications tower at time of the application for a conditional use permit, the applicant shall notify the director of public safety before any additional location is under contract. The director of public safety shall have 20 work days to determine whether such location is necessary for the public safety needs of the county at the present or within a one-year period from date of notification. If such space(s) is determined to be needed for public safety purposes, the applicant shall not lease the space(s) for one year from the date notice was received by the director of public safety.

(22)

Facilities that are attached to or within an existing structure are exempt from the requirement to obtain a conditional use permit provided that:

a.

The net effect of the facility shall not increase the height of the existing structure by more than 12.5 percent or exceed 199 feet, whichever is the lesser height;

b.

The facility shall not overhang the outer dimension of the existing structure by more than 7.5 percent; and

c.

The net effect of the facility will not cause the host structure to become non-compliant in any material respect with this Code or the terms of any condition specifically or generally attached to the host structure through prior legislative or administrative action.

(23)

All utilities servicing the tower shall be placed underground.

(Ord. No. O-24-07, 12-10-07; Ord. No. O-02-18, 3-13-2018)

(a)

Standards for all transportation uses.

(1)

All parking lots and areas where motor vehicles utilizing petroleum-based fuels are parked or stored or maintained shall be designed with oil-water separators or other devices that will prevent the infiltration of fuels that may leak or be spilled onto the lot. The devices used shall be designed by a registered professional engineer who shall certify that it is of sufficient capacity to manage all rainfall events up to and including the 50-year storm without allowing petroleum-based fuels to escape and being borne downstream or infiltrating into the ground.

(2)

All development shall comply with landscaping standards found in article XXVII of this chapter.

(3)

Outdoor lighting shall be energy efficient with an Energy Star or comparable rating. Outdoor lighting shall also be sufficient to protect public safety and shall comply with the standards of the Crime Prevention through Environmental Design Guidelines produced by the Virginia Crime Prevention Association and dated December 2004; however, it shall be directed away from property lines and rights-of-way and shall not cast unreasonable or objectionable glare or reflecting, nuisance or inconvenience of any kind on adjacent properties and streets. All site lighting fixtures shall be mounted a maximum of 25 feet above ground, shall be full-cutoff, as defined by the illuminating Engineering Society of North America (IESHA), and shall have fully shielded and/or recessed luminaires with horizontal-mount flat lenses that prevent upward light scatter and protect the dark night sky. All site lighting fixture styles and illumination levels shall be compatible with the architecture of the principal building on the site.

(4)

Outdoor speaker or paging systems shall be directed away from property lines and shall not unreasonably interfere with use and occupancy of adjacent residential properties.

(5)

All utilities serving any transportation uses and facilities shall be placed underground. Existing overhead utilities that require relocation or expansion for any reason shall be equipped with devices to measure natural rainfall and meter irrigation water usage and timing accordingly.

(6)

Irrigation of transportation uses and facilities shall require the use of low water volume and water-conserving systems. Any irrigation system, regardless of type shall be equipped with devices to measure natural rainfall and meter irrigation water usage and timing accordingly.

(7)

No outdoor storage of goods or materials shall be permitted in any front yard nor shall it encroach upon any required landscaping, public or private street right-of-way, parking facility, or loading space.

(8)

All dumpster pads, loading areas and outdoor storage areas shall be screened from view of all public streets or residential properties by landscaping supplemented by masonry or wooden fencing. Illumination of dumpster pads and the area between dumpsters and the service doors of facilities that utilize the dumpsters for trash disposal shall be provided in accordance with the standards of the Crime Prevention through Environmental Design Guidelines for any facility having working hours between dusk and dawn.

(9)

All transportation uses and facilities shall be operated and maintained in a neat and orderly manner, free from junk, inoperable equipment, trash and debris. Buildings shall be maintained in a sound condition, in good repair and appearance. Weeds shall be cut as frequently as necessary, but not less than four times a year.

(b)

Standards for airports and helipads. (Existing section 98-745(b)(1).)

(1)

All airports and helipads shall be designed in accordance with Federal Aviation Administration rules and regulations.

(2)

All approvals must be obtained from the board of supervisors.

(3)

A crash, fire, rescue plan shall be submitted to the fire chief and sheriff for review and approval.

(4)

A current Airport Layout Plan (ALP) shall be kept on file with the fire chief and sheriff.

(c)

Standards for marina, dock or boating facility.

(1)

Commercial marinas, docks and boating facilities shall be designed in accordance with the "Criteria for the Siting of Marinas or Community Facilities for Boat Mooring" as prepared by the Virginia Marine Resources Commission, VR 450-01-0047.

(2)

All federal, state and local requirements for marina facilities shall be met and the necessary permits obtained prior to the issuance of a zoning certificate for docks, piers or boat houses.

(3)

When in the conservation district, all requirements of the conservation district shall be addressed as part of any plan approval.

(4)

In addition to the general requirements applicable to outdoor lighting, all outdoor lighting associated with marinas shall be designed, installed and maintained to prevent unreasonable or objectionable glare onto adjacent waterways.

(5)

The marina operator shall be responsible for ensuring that parking occurs only in designated off-street parking spaces and shall not allow marina patrons to park in access drives, service drives, fire lanes or landscaped areas. The marina operator shall be responsible for installing or erecting appropriate curbing, bollards, fencing or similar measures needed to limit parking to the approved parking spaces on the site.

(6)

Other facilities and accessory structures located on the marina property shall conform to applicable standards for those types of facilities and structures located elsewhere in the article.

(7)

The subject facility shall meet all Coast Guard standards for the containment of hazardous material.

(d)

Standards for truck stop.

(1)

Truck stops shall only be located on roads with a functional classification of minor arterial or higher order street and shall have a minimum lot frontage of 400 feet along each such road from which access to the facility is provided.

(2)

A minimum of 15 acres shall be required to establish a truck stop.

(3)

A traffic impact analysis shall be prepared by the applicant and submitted to the zoning administrator. Said study shall upon submission be peer reviewed by the state department of transportation. The recommendations of the study, together with those of the state department of transportation, shall be implemented on the site upon approval.

(4)

A parking and on-site circulation analysis and plan shall be prepared by one or more professionals acting within the scope of their professional licensure or certification and submitted with any application for a truck stop. Said analysis and plan shall specifically address methods to prevent queuing on public roads caused by on-site operations, preventing conflicts between movements on the site, providing adequate standing areas that do not interfere with site circulation and provide safe pedestrian movements to and between facilities on the site, pavement structures to provide for lasting and durable surfaces without deformity on public roads and site access points, and an appropriate number and arrangement of designated parking spaces. The analysis and plan shall also demonstrate that the points of site ingress and egress and public road(s) from which site ingress and egress is provided are designed and constructed to withstand the weights and turning radii of vehicle types anticipated to use the facility. If the facilities on the site are designed and marketed to the general motoring public or a segment thereof (e.g. recreational vehicles) as well as trucks, the analysis and plan as well as the safety and security plan required below shall address the differing needs of different vehicle types and provide appropriate space(s) for other user and vehicle types.

(5)

All parking on the site shall be in designated, defined and marked spaces.

(6)

Perimeter buffers or no less than 100 feet in width shall be provided along all side and rear yards. Within said buffers shall be established as Type C transitional buffer (see article XXVII).

(7)

The maximum impervious area of the parcel on which the use is located shall not exceed 70 percent of the total parcel area.

(8)

A safety and security plan for the site shall be developed and submitted to the sheriff's office for approval. Such plan shall fully address the physical and operational methods to be utilized to ensure the safety and security of the patrons of the site and the adjoining properties as well as the prevention of illegal and illicit activities from occurring on the site and adjoining properties. The site may not operate as a truck stop without an approved safety and security plan and said plan shall be updated and re-approved by the sheriff's office at least annually.

(Ord. No. O-05-08(R2), 7-17-2008; Ord. No. O-02-14, 1-13-2014)

(a)

Standards for all public and private utilities and facilities.

(1)

The proposed location of the specific utility use shall be necessary for the efficient provision of service to customers. Documentation of the public necessity shall be submitted with applications and plans for such uses.

(2)

All utility uses shall be conducted so as not to produce hazardous, objectionable, or offensive conditions at or beyond property line boundaries by reason of odor, dust, lint, smoke, cinders, fumes, noise, vibration, heat, glare, solid and liquid wastes, fire, or explosion.

(3)

Utility locations shall not be permitted in such a manner as would preclude or seriously hinder development of commercial and industrial properties except where it is demonstrated to the satisfaction of the zoning administrator that no alternative routing, location, or installation is practical or reasonably possible.

(4)

Main/primary utility lines shall be parallel to and contiguous with property lines where practical. Exceptions for good cause shown may be granted by the director of public utilities.

(5)

Landscaping and screening appropriate to the use shall be provided in all cases and especially when trees have been removed to accommodate the facility.

(6)

All public and private utilities and facilities shall be operated and maintained in a neat and orderly manner, free from junk, inoperable equipment, trash, or debris. Buildings shall be maintained in a sound condition, in good repair and appearance. Weeds shall be cut as frequently as necessary, to maintain a neat and orderly appearance.

(7)

All on-site utility facilities including but not limited to wires, cables, pipes, conduits and appurtenant equipment, carrying or used in connection with the furnishing of electric, telephone, telegraph, cable television or similar service to a development subject to the provisions of this chapter shall be placed underground except, however, the following shall be permitted above ground:

a.

Electric transmission lines and facilities in excess of 65 kilovolts;

b.

Equipment such as electric distribution transformers, switch gear, meter pedestals, telephone pedestals, CATV pedestals and power supplies, outdoor lighting poles or standards, radio antennae, traffic control devices, manholes, air release valve vaults and associated equipment, which is, under accepted utility practices, normally installed above ground;

c.

Meters, service connections and similar equipment normally attached to the outside wall of the customer's premises;

d.

Temporary aboveground facilities required in conjunction with an authorized construction project.

e.

Certain communication antennae as permitted as accessory structures or elsewhere in this chapter as a stand-alone use.

(8)

Existing utilities located above ground may be maintained or repaired provided that such repair does not involve relocation or expansion.

(9)

Whenever any existing on-site above ground utilities other than those exempted above requires relocation for any reason, they shall be removed and placed underground. In the event a development project impacts existing off-site above ground utilities and necessitates their relocation onto the development site, such utilities shall be placed underground.

(10)

All utilities shall be placed within easements or public street rights-of-way. Utilities may not be placed within private road rights-of-way except as they lead to the structure whose access is a private driveway.

(11)

Sewage pump and lift stations and communication switching and relay facilities larger than 150 square feet in building area shall, at a minimum, be surrounded by a landscaped buffer no less than 20 feet in width. The buffer shall be comprised of naturally-occurring vegetation protected and preserved during the construction process or landscaped in accordance with the landscaping provisions of this chapter or a combination of both to achieve a visual screen throughout the year when viewed from public roads or adjacent properties.

(12)

Utility equipment installed at ground level, including transformers, pedestals, switch gear and other similar types of equipment which is visible from a public right-of-way shall be screened from view by appropriate evergreen shrubs planted in accordance with a landscape plan approved by the zoning administrator.

(Ord. No. O-05-08(R2), 7-17-2008)

(a)

Standards for carnival, circus, fair, festival, temporary craft sales or show, flea markets, and truckload sales. The subject uses shall apply for an administrative permit and shall be subject to the conditions enumerated below. There shall be no fee for this administrative permit.

(1)

A sketch plan containing sufficient detail to determine the manner in which the carnival, circus, fair, festival, temporary craft sale or show, flea market or truckload sale will be conducted on the property shall be submitted at the time of application for an administrative permit. Upon review, the zoning administrator may require the sketch plan to be drawn to scale and resubmitted.

(2)

Adequate provisions shall be made for parking and safe and convenient ingress and egress and shall be shown on the sketch plan required above. Access to the site shall be via a driveway constructed in accordance with all applicable state department of transportation standards for temporary access. Parking of vehicles associated with such use on any street or highway right-of-way shall be cause for revocation of the permit unless such parking arrangements are specifically requested and shown on the sketch plan at time of application and approved as part of the issuance of the permit.

(3)

The applicant shall provide written evidence to the zoning administrator of the consent of the owner of the property on which such event is to be conducted.

(4)

The dates of the event and hours of operation shall be noted as part of the permit application and approval. Craft shows or sales shall not extend for longer than seven consecutive days.

(5)

Goods, materials, or products associated with such uses shall not be stored out of doors on the site when said use is not in operation provided, however, that this restriction shall not apply to overnight storage between consecutive days of operation. For purposes of this section, Saturday and Monday shall be construed as consecutive days if the craft show or sale is not operated on the intervening Sunday.

(6)

Vendor displays shall be arranged on the site so as to facilitate safe and convenient vehicular and pedestrian circulation.

(7)

All parking demand generated by the event must be accommodated by an off-street arrangement. Such off-street parking spaces shall be arranged so as to ensure safe and convenient pedestrian and vehicular circulation. Parking of vehicles associated with such use on any street or highway right-of-way shall be cause for revocation of the permit.

(8)

The site shall be cleaned and restored subsequent to termination of the activity.

(9)

No more than one flea market event may be operated on a parcel in any 60-day period.

(10)

Truckload sales and similar events shall require an certificate of zoning for the temporary use of trailers in conjunction with on-premises "truckload" sales events conducted by commercial establishments possessing a valid county business license subject to the following provisions:

a.

Such use may be authorized for a period not to exceed 15 days per event. No more than four such truckload sales events may be conducted on the same premises by a single commercial establishment during any one calendar year. At least 60 days shall transpire between such consecutive "truckload" sales events.

b.

Such trailer shall be parked on the site at a location where it will not obstruct safe and convenient vehicular and pedestrian circulation.

c.

Signs, pennants, or banners authorized under the terms of this chapter must be attached to such trailer.

(b)

Standards for temporary construction trailers and offices. Administrative permits may be issued for trailers and industrialized building units used in conjunction with construction or land disturbing projects subject to the following:

(1)

Such use shall be in conjunction with a bona fide construction or land disturbing project for which all necessary state and local permits have been obtained.

(2)

The use, for office or storage purposes, of an industrialized building unit which meets the definition of "manufactured home", may be authorized; however, such unit shall in no instance be utilized for residential purposes.

(3)

The installation of construction trailers and offices shall be subject to all applicable permits and inspections as required by the Virginia Uniform Statewide Building Code.

(4)

The location of such units on the site shall be in conformance with all applicable yard requirements of the zoning district in which located.

(5)

The applicant shall enter into a performance agreement and post a surety by cash, certified check, or letter of credit in the amount of $2,000.00 per trailer or building, not to exceed $10,000.00 per construction or land disturbing project, to guarantee the removal of such temporary trailer or building.

(6)

The permit shall be issued for a period not to exceed one year; however, such permit may be extended when the zoning administrator finds good cause.

(c)

Standards for temporary use of trailers for office or business purposes. Administrative permits may be issued for the temporary use of trailers for office or business purposes subject to the following provisions:

(1)

Issuance of building permits for such permanent construction activity shall be a prerequisite for authorization of a temporary administrative permit for a temporary trailer. Such trailer(s) shall be removed from the site within 14 days of the lapse of actual and substantial construction activity, expiration of an active building permit for the project, or issuance of the certificate of occupancy, whichever occurs first. Actual and substantial construction activity shall be determined by the zoning administrator, but in no case shall an administrative permit remain valid if there has been a continuous period of lapse in actual and substantial construction activity of 90 days. The maximum term of any permit issued under the terms of this section shall be 180 days; however, renewals may be authorized by the zoning administrator for good cause shown.

(2)

The subject trailer shall be located on the site in a position which does not impede construction of the permanent commercial or office space and which does not infringe upon required transitional buffers, setbacks or off-street parking space.

(3)

The zoning administrator may, because of the visibility of the site or placement in relations to adjacent roads or properties, require that temporary trailers be landscaped, skirted, or otherwise be wholly or partially screened from view. This may include without limitation a requirement that transitional buffers and landscaped yards which are or would be required for permanent construction be installed either entirely or in part before use of the temporary trailer is permitted.

(4)

Compliance with the above specified standards shall be demonstrated through the submission of a sketch plan, including a landscaping plan if deemed necessary by the zoning administrator, which depicts the proposed placement of the trailer and the site improvements. Such plan shall be approved by the zoning administrator prior to placement of the trailer on the site.

(5)

The applicant shall enter into a performance agreement and post a surety by cash, certified check, or letter of credit in the amount of $2,000.00 per manufactured home, not to exceed $10,000.00 per construction or land disturbing project, to guarantee the removal of such temporary trailer or building.

(d)

Standards for transportable self-contained food service units. Transportable self-contained food service units are operated under two distinctly different business models although the physical units themselves are substantially the same.

The first business model is that of a unit that travels to and from a site or sites from a base of operations. It serves the customer by physically moving to the location where the customer is located.

The second model is a unit that although capable of being moved is more or less maintained in a stationary place and where additional physical amenities are often provided. The customer is served by coming to the location of the unit.

The standards contained herein address both business models with subsection (1) applying to the former and subsection (2) applying to the latter. The proprietor of either model shall obtain a zoning certificate, a New Kent County business license and all other applicable state and local licenses and permits.

(1)

For transportable self-contained food service units that are moved from place-to-place on a routine, frequent, or recurring basis, (hereinafter referred to as a "mobile transportable self-contained food unit") the following standards shall apply:

a.

Mobile transportable self-contained food service units shall manage inventory and foodstuffs in a manner approved by the health department. Pushcarts shall operate in conjunction with a commissary and shall return to the commissary for servicing, cleaning and sanitizing at regular intervals approved by the state department of health.

b.

The operator shall be responsible for the pick-up of all litter, generated from the business and within 50 feet of the unit location and shall provide a receptacle for trash, throughout the period of operation on the site.

c.

Water carried or used within mobile transportable self-contained food service units shall be from a source approved by the health department. Dumping of sewage and wastewater from mobile transportable self-contained food service units shall only occur at facilities licensed by the health department to receive such sewage and wastewater.

d.

Mobile transportable self-contained food service units shall conduct business only between the following hours:

1.

Six a.m. to midnight in business and industrial zoning classifications except within 50 feet of a residential zoning classification;

2.

Eight a.m. to nine p.m. in agricultural and residential zoning classifications and in business and industrial zoning classifications within 50 feet of a residential zoning classification.

3.

Hours of business operation on any property may not exceed six hours. An additional hour is allowed for set-up and take-down for a maximum time allowed on any property of seven hours.

e.

Mobile transportable self-contained food service units shall not be located less than 100 feet from an occupied residential dwelling.

f.

No signs shall be permitted at the location of any mobile transportable self-contained food service unit. This does not include signage attached to or part of a unit.

g.

Permanent structures, carports and sheds shall not be permitted with the operation of mobile transportable self-contained food service units. Seating and umbrellas are only permitted during the operating hours of the unit.

(2)

For transportable self-contained food units that remain in a stationary location for extended periods of time (hereinafter referred to as a "stationary transportable self-contained food unit"), the following standards shall apply:

a.

Stationary transportable self contained food units shall only operate on property within zoning districts where restaurants are permitted.

b.

Stationary transportable self contained food units shall manage inventories and foodstuffs in a manner that has been permitted by the state department of health. Where a commissary is used in conjunction with the stationary food unit, such commissary shall be located within 150 feet of the stationary location of the food unit. The zoning administrator may approve a somewhat greater distance based on the physical requirements of the site and structures on which the stationary self-contained food unit is located.

c.

The stationary transportable self-contained food unit shall be connected to a water supply and to a wastewater disposal system, both of which shall be approved by the state department of health. The manner of connection shall comply with state department of health rules and regulations. The water supply and wastewater disposal systems may be permanent connections, but need not be as long as the state department of health approves of them.

d.

Sanitary and hand-washing facilities shall be provided for employees and customers of stationary transportable self-contained food units within 150 feet of the stationary location of the food unit. These facilities may be located within an adjacent structure or, with the proper local and state approvals, may be provided by the use of transportable chemical toilets or any other arrangement that achieves the standard. The zoning administrator may approve a somewhat greater distance based on the physical requirements of the site and structures on which the stationary self-contained food unit is located.

e.

Stationary transportable self-contained food units may be located adjacent to or under permanent awnings or other similar structures provided that all building code and zoning setback requirements are met by the structure.

f.

Parking shall be available for the customers of stationary transportable self-contained food units. Such parking shall be in marked, legal parking spaces.

g.

The operator shall be responsible for the pick-up of all litter, generated from the business and within 50 feet of the unit location and shall provide a receptacle for trash, throughout the period of operation on the site.

h.

The proprietor may post temporary signage at the location of a stationary transportable self-contained food unit during hours that the unit is open for business.

(Ord. No. O-05-08(R2), 7-17-2008)

(1)

A parcel of five acres or greater shall be required for forestry operations.

(2)

All forestry operations shall be in accordance with a forest management plan approved by the state department of forestry.

(3)

Where stump removal, grubbing, or other soil disturbing activities are proposed in conjunction with tree harvesting, except those preparations for reforestation that are in accordance with the approved forest management plan, an erosion and sedimentation control plan shall be submitted to and approved by the county prior to commencement of any soil disturbing activity.

(4)

No tree harvesting shall occur within Chesapeake Bay Resource Protection Areas including the 100-foot resource protection area buffer. Upon written request, the zoning administrator may approve harvesting 50 percent of the crown cover within the landward 50 feet of the Resource Protection Area buffer if accompanied by a recommendation of approval from the state department of forestry. All understory within the resource protection area buffer, shall be preserved to the greatest extent possible.

(Ord. No. O-07-12, 7-9-2012)

(1)

Public notice.

a.

Community meeting: A public meeting shall be held prior to the public hearing with the planning commission to give the community an opportunity to hear from the applicant and ask questions regarding the proposed project or facility. The meeting shall adhere to the following:

1.

The applicant shall notify the planning department, adjacent property owners, and property owners within a one-mile radius of the project in writing of the date, time and location of the meeting, at least seven but no more than 14 days, in advance of the meeting date.

2.

The date, time and location of the meeting shall be advertised in a newspaper of general circulation in the county by the applicant, and at the applicant's expense, at least seven but no more than 14 days, in advance of the meeting date.

3.

The applicant shall provide the county with acceptable social media postings containing the specifics of the meeting and contact information, for distribution across the county's available social media platforms and website.

4.

The meeting shall be held within the county, at a location open to the general public within the community of the proposed site, with adequate lighting, parking and seating facilities, and which can accommodate persons with disabilities from the general public and media.

5.

The meeting shall give the general public the opportunity to review the proposed application materials and ask questions of the applicant and to provide oral and/or written comments as feedback on the proposed facility.

6.

The applicant shall provide the planning department with a summary of any oral or written input received from members of the general public and media at the community meeting within two weeks after the meeting. The summary of input received may be posted on the county's webpage and included with the public hearing materials.

(2)

Development standards.

a.

If it is reasonably suspected that the energy storage project or solar generation facility is materially disrupting other utility transmissions (emergency radio system, SCADA system, telephones, internet service, televisions, etc.), the owner of the energy storage project or solar energy facility shall conduct an EMI study or equivalent to confirm whether the project or facility is causing such disruption. If the study confirms that the project or facility is materially disrupting other utility transmissions, the owner shall install corrective measures as soon as is reasonably practicable but in no event in more than 60 days.

b.

The design of support buildings and related structures shall, to the greatest extent possible, use materials, colors, textures, screening and landscaping that will screen the solar generation facility use from surrounding homes or surrounding commercial and industrial structures.

c.

All newly installed utilities (including, but not limited to: electric, fiber, cable and telephone lines serving the site) which are visible from the ground-level view shall be screened from view or shall be placed underground, unless prohibited by the state/federal agency regulating them.

d.

The project or facility shall be enclosed by security fencing not less than six feet in height, and shall be designed to preclude trespassing, and shall be marked with the appropriate warning signs by the operator of the project or facility. Fencing shall be located such to allow screening between the fence and any property lines, public rights-of-way, or adjacent residential dwellings not owned by the owner of the subject property.

e.

The facilities, including fencing, shall be significantly screened from the ground-level view of adjacent properties and transportation rights-of-way. A vegetated buffer zone within the setback area of at least 50 feet in width, measured from the property line, shall be maintained. In areas where there is existing, native vegetation, clearing shall be prohibited in the first 25 feet of the setback, with the exception of entrances or other necessary easements. The remaining 25 foot width shall be planted with one large evergreen tree, two medium evergreen trees, and three small deciduous or ornamental shrubs for every 15 linear feet. If there is no existing vegetation, the planting quantities shall be doubled for every 15 linear feet. If the existing vegetation is inadequate to count towards part of the landscape buffer as determined by the planning department, then supplemental plants shall be provided that meet the previously mentioned requirements and achieves a level of screening that provides a 100 percent visual barrier from public views. All new plantings shall be native species to include pollinator-friendly native plants. Landscaping tor screening shall be maintained and replaced by the facility's operator, as necessary, throughout the lifespan of the project or facility.

i.

New plantings of evergreen trees shall be a minimum of six to eight feet in height and a caliper of at least 2.0 inches. New plantings of deciduous or ornamental shrubs shall have a spread of no less than 24 inches.

ii.

A landscape plan shall be developed by the applicant, owner or operator and provided to the county at the same time as a site plan is required. The landscape improvements and installation costs shall be secured by an adequate surety in a form agreed to by the county attorney, including, but not limited to, a letter of credit, cash, or a guarantee by an investment grade entity, posted within 30 days of the project receiving its site plan approval from New Kent County. The estimated cost of the landscape improvements and installation costs shall be prepared by a state licensed landscape architect.

f.

Lighting shall be the minimum necessary for safety and/or security purposes and shall use shielded fixtures to minimize off-site glare toward public rights-of-way and adjacent properties, and shall be limited to one-foot candle at the property line. No facility shall produce glare which would constitute a nuisance to the public.

g.

Height of structures. Solar generation facility or energy storage project structures shall not exceed 25 feet, measured from the highest natural grade below each solar panel or structure. This limit shall not apply to utility poles and the interconnection to the overhead electric utility grid that meet state corporation commission requirements.

h.

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

(3)

Setbacks.

a.

A minimum 100-foot setback, which includes a 50-foot planted buffer as described in (2)e., shall be maintained from an energy storage project or component of the solar generation facility, including security fencing, to any property line and transportation right-of-way.

b.

A minimum 150-foot-setback, which includes a 50-foot planted buffer as described in (2)e., shall be maintained from an energy storage project or component of the solar generation facility, including security fencing, to any residentially-zoned property line.

c.

A minimum 200-foot setback from all exterior property lines, except from adjoining residentially-zoned properties, shall be required for placement of all inverters associated with a solar generation facility.

(4)

Waivers and modifications. In issuing any conditional use permit for an energy storage project or solar generation facility, the board of supervisors may waive or modify any of the requirements of subsections (2) and (3) above and shall consider the following matters in addition to those otherwise provided in this chapter:

a.

The topography of the site and the surrounding area.

b.

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

c.

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

d.

The proximity of the site to other solar generation facilities, other energy generating facilities, energy storage projects, and utility transmission lines.

e.

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

f.

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

g.

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

h.

The proximity of the site to airports.

i.

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

j.

The size of the site in acres.

k.

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

l.

The preservation and protection of prime farmland in the county.

m.

The inclusion of earthen berms of significant height to lessen the visual impacts to surrounding properties, byways, roads, waterways, parts, and trails.

n.

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

(5)

Coordination of local emergency services.

a.

Applicants for new energy storage projects or solar generation facilities shall coordinate with the county's fire, EMS, and emergency management staff to provide materials, education and/or training to the departments serving the property with emergency services on how to safely respond to on-site emergencies at the project or facility.

(6)

Decommissioning.

a.

Decommissioning plan. A decommissioning plan shall be developed by the applicant, owner or operator prior to the approval of a site plan being issued for an energy storage project or a solar generation facility. The purpose of the decommissioning plan is to specify the procedure by which the applicant or its successor would remove the project or facility after the end of its useful life and to restore the property for prior or future usage consistent with the Comprehensive Plan or future zoning. If the project or solar generation facility is inactive completely or substantially discontinuing the storage and/or delivery of electricity to an electrical grid for a continuous 6-month period it shall be considered abandoned. The applicant, owner or operator shall provide notice to New Kent County in writing within 30 days if the property becomes inactive as an energy storage or solar generation facility. The decommissioning of the site shall commence within six months of receipt of such notice from the applicant, owner or operator by New Kent County. The "notice" shall be known as the "Decommissioning Plan" which shall include the following:

1.

Anticipated life of the energy storage project or solar generation facility;

2.

The estimated cost of the decommissioning in the future as expressed in current dollars by a third party, state licensed professional engineer;

3.

Method estimate was determined;

4.

The manner in which the project will be decommissioned, including the disposal process and methods for all products and materials; and

5.

The name and physical address of the person or entity responsible for the decommissioning plan.

b.

Surety. Unless the energy storage project or solar generation facility is owned by a public utility within the Commonwealth of Virginia, the gross costs of decommissioning shall be secured by an adequate surety in a form agreed to by the county attorney, including, but not limited to, a letter of credit, cash or a guarantee by an investment grade entity, posted within 30 days of the project receiving its site plan approval from New Kent County. If an adequate surety is required, the cost estimates of the decommissioning shall be updated at least every five years by the applicant, owner or operator, and provided to the county. If the energy storage project or solar generation facility is sold to an entity that is not a public utility, the special exception shall not transfer to the purchaser until such time as adequate replacement surety is provided for the energy storage project or solar generation facility. At its option, the county may require that a surety amount be increased based upon the net cost of decommissioning the use and as approved by the county attorney.

c.

Applicant/property owner obligation. Within six months after the cessation of use of the energy storage project or solar generation facility for electrical power generation or transmission, the applicant or its successor, at its sole cost and expense, shall decommission the project or solar generation facility in accordance with the decommissioning plan approved by the county. If the applicant or its successor fails to decommission the energy storage project or solar energy facility within six months, the property owners shall commence decommissioning activities in accordance with the decommissioning plan. Following the completion of decommissioning of the entire energy storage project or solar generation facility arising out of a default by the applicant or its successor, any remaining surety funds held by the county shall be distributed to the property owners in a proportion of the surety funds and the property owner's acreage ownership of the project or solar generation facility.

d.

Applicant/property owner default; decommissioning by the county.

1.

If the applicant, its successor, or the property owners fail to decommission the energy storage project or solar generation facility within six months, the county shall have the right, but not the obligation, to commence decommissioning activities and shall have access to the property, access to the full amount of the decommissioning surety, and the rights to the solar energy equipment and materials on the property.

2.

If applicable, any excess decommissioning surety funds shall be returned to the current owner of the property after the county has completed the decommissioning activities.

3.

Prior to the issuance of any permits, the applicant and the property owners shall deliver a legal instrument to the county granting the county (1) the right to access the property, and (2) an interest in the energy storage project or solar generation facility equipment and materials to complete the decommissioning upon the applicant's and property owner's default. Such instrument(s) shall bind the applicant and property owners and their successors, heirs, and assigns. Nothing herein shall limit other rights or remedies that may be available to the county to enforce the obligations of the applicant, including under the county's zoning powers.

e.

Equipment/building removal. Unless otherwise approved by the zoning administrator, all physical improvements, materials, and equipment related to the energy storage project or solar energy generation, both surface and subsurface components, regardless of depth underground, shall be removed in the removal process and disposed of responsibly and outside of the county. Perimeter fencing will be removed and recycled or reused.

f.

Infrastructure removal. Unless otherwise approved by the zoning administrator, all access roads will be removed, including any geotextile material beneath the roads and granular material. The exception to removal of the access roads and associated culverts or their related material would be upon written request from the current or future landowner to leave all or a portion of these facilities in place for use by the landowner. Access roads will be removed within areas that were previously used for agricultural purposes and topsoil will be redistributed to provide substantially similar growing media as was present within the areas prior to site disturbance, unless a written request is received from the current or future landowner proposing alternative development plans for the property.

g.

Partial decommissioning. Any reference to decommissioning the energy storage project or solar energy facility shall include the obligation to decommission all or a portion of the project or solar energy facility whichever is applicable with respect to a particular situation. If decommissioning is triggered for a portion, but not the entire energy storage project or solar energy facility, then the applicant or its successor will commence and complete decommissioning, in accordance with the decommissioning plan, for the applicable portion of the energy storage project or solar energy facility; the remaining portion of the energy storage project or solar energy facility would continue to be subject to the decommissioning plan.

(Ord. No. O-06-22, 5-9-2022)