Page County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE V
Supplementary Regulations
§ 125-14 Additional regulations for all districts.
A.
Visibility at intersections. On a corner lot, nothing shall be erected (except street signs, utility poles or traffic signs), placed, planted or allowed to grow in such manner as to impede vision between a height of 2 1/2 and 10 feet above the center-line grades of the intersecting streets in the area bounded by the street center lines of such intersecting streets and a line joining the street center lines at a distance of 75 feet from the point of intersection. This subsection also applies to signs.
B.
Sight line easements shall be provided on all corner lots to meet the intersection sight distance established by VDOT in the most current edition of the Minimum Standards of Entrances to State Highways and/or any other applicable VDOT standard or specification for the posted and/or operating speed of the roadway.
[Added 6-21-2005 [1]]
C.
[2]Exceptions to height regulations. The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, silos, feed mills, barns, antennas, water tanks, ventilators, chimneys, structures required for electric and telephone facilities or other similar appurtenances.
D.
Buildings to have access. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to a private street approved by the governing body, and all buildings shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
E.
Lots in two districts. Where a district boundary line divides a lot in single or joint ownership of record at the time such line is established, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion, provided that the lot has frontage on a street in the less restricted district.
F.
Lot area and lot width for lots not served with public water and/or sanitary sewers. Where a lot is not served by a public water supply and/or sanitary sewerage system and Chapter 100, Subdivision of Land, state statute or other local statute or ordinance in force or the Health Official requires a higher standard for lot areas or lot width than this chapter, the more restrictive regulations shall apply.
G.
Front yard exceptions. When an unimproved lot is situated between two improved lots with front yard dimensions less than those required for the zoning district, the front yard required for the unimproved lot may be reduced to a depth equal to the average of the two adjoining lots provided; however, that this provision shall only apply in such cases where the improved lots in question are improved as of the time of the adoption of this chapter. For the purpose of this subsection, an "unimproved lot" shall be the same as a vacant lot and an "improved lot" shall be one on which a principal building is erected. In no case shall a front yard be reduced by more than 50% of the required front yard for that district.
H.
Projections into yards. The following projections shall be permitted into required yards and shall not be considered in the determination of yard size or lot coverage:
(1)
Terraces, patios or unenclosed porches may project no more than five feet into any yard setback.
[Amended 8-17-2010]
(2)
Open balconies or fire escapes, provided that such balconies or fire escapes are not supported on the ground and do not project more than five feet into any yard nor closer than three feet to any adjacent lot line.
(3)
Aboveground swimming pools may project no more than five feet into any yard setback.
[Added 7-17-2018]
§ 125-15 Home occupation regulations.
A.
All dwelling units with direct access to a public street may be used for the practice of a home occupation, provided that such occupation is clearly incidental or secondary to the use of the property as a residence, and further provided that the use of the dwelling does not change the character thereof or have any exterior evidence of such secondary use other than a small nameplate, as provided in § 125-20B(2)(a).
(1)
Standards.
(a)
Two off-street parking spaces, in addition to those required for the residence units, shall be required for any single home occupation, and four off-street parking spaces, in addition to those required for the residence units, shall be required for any home occupation in an accessory building.
[Amended 6-9-1998]
(b)
Home occupations shall not occupy more than 25% of the total floor area of the dwelling unit. Site plan shall be required to include size of dwelling unit, accessory structure and sketch to scale of same, plus parking and driveway with dimensions referenced to property line.
[Amended 6-9-1998]
(c)
Home occupations shall be subject to the following limitations:
[1]
No emission of unpleasant gases or other odorous matter shall be permitted.
[2]
No emission of noxious, toxic or corrosive gases or fumes injurious to persons, property or vegetation shall be permitted.
[3]
No glare and heat from any home occupation shall be permitted.
[4]
No discharge is permitted into a reservoir, sewage or storm disposal system, stream, open body of water or into the ground of any materials in such a way or of such nature or temperature as could contaminate any water supply or damage or be detrimental to any sewage system or any sewage treatment plant or otherwise could cause the emission of dangerous objectionable elements.
[5]
No vibration perceptible beyond the dwelling unit or building in which the home occupation is conducted, whichever shall be the smaller, shall be permitted.
[6]
No noise shall be audible beyond the dwelling unit or building in which the home occupation is conducted, whichever shall be the smaller, exceeding the average intensity of street traffic at the front lot line. Objectionable noises due to intermittence, beat, frequency or shrillness shall be muffled.
[7]
No emission of any smoke shall be permitted.
[8]
Electric or electronic devices shall be shielded in such a manner as not to interfere with radio or television reception or transmission of any kind.
[9]
Solid waste shall be contained and disposed of in a manner which will not detract from the appearance of the property or general neighborhood.
[10]
Toxic waste or material, including but not limited to used motor oil, antifreeze, power steering fluid, transmission fluid, etc., shall not be stored on property.
[Added 6-9-1998]
B.
Home occupations in accessory buildings by special use permit.
[Added 4-11-1994; amended 6-9-1998]
(1)
The practice of a home occupation by the owner of a residence may be allowed in an accessory building incidental to the owner's residence located on the same tract or parcel of land, provided that the residence and accessory building shall have the direct access to a public street; and further provided that the use of the accessory building does not change the character thereof, nor exceed 60% of the footprint-ground floor square footage of the dwelling unit, or the occupation in the accessory building does not exceed 1,000 square feet, whichever is the lesser, or have any exterior evidence of such use as a home occupation other than a small name plate, as provided in § 125-20B(2)(a). The specific home occupation allowed by special use permit shall not be changed in purpose, nor allow for more than three employees that do not reside in the residence on the same tract or parcel of land on which the business is located, during the term of the permit unless further application shall be made and approved for issuance of a special use permit. Home occupations pursuant to this subsection shall comply with the requirements of § 125-15A(1)(a) and (c) of this chapter and shall include but not be limited to the following Subsection B(1)(a) through (e):
[Amended 8-17-2010]
(2)
The following criteria shall be considered when determining the advisability of issuing a special use permit pursuant to this subsection:
(a)
Probable increase of traffic to the general area.
(b)
Concurrence of surrounding property owners.
(c)
Size, purpose and likelihood of expansion of the proposed home occupation.
(d)
Probable impact on surrounding properties.
(f)
Determination of a need for the proposed business for the surrounding community.
§ 125-16 Accessory uses, structures and buildings.
A.
No accessory structures or buildings shall be erected in any required front yard setback or front minimum yard dimension, and no detached accessory building shall be erected within five feet of any other building. Accessory structures or buildings may be erected in the following districts, conditional upon the accessory structures or buildings meeting the following setback or minimum yard dimension requirements:
[Amended 11-15-1989]
B.
Private, noncommercial permanently installed below-the-ground swimming pools must be located in a rear or side yard only and entirely enclosed with a permanent fence not less than four feet in height. Such fence shall contain a gate which can be locked. This subsection does not apply to portable aboveground or temporary pools.
C.
Nothing in this section shall be construed to limit other accessory uses not mentioned so long as they are clearly accessory to the principal permitted use of the land and do not create a threat to the public health, safety and/or welfare of the community.
§ 125-17 Garden apartments and townhouses.
A.
Permitted uses. Garden apartments and townhouse buildings shall consist solely of residential dwelling units, rental office and recreational and parking facilities. Coin-operated washing and drying machines and/or vending machines for food, beverages or cigarettes located inside the building shall be permitted, provided that these are for tenants' use only.
B.
Water and sewer. The proposed development shall be served by approved public water and sewer systems.
C.
Area and bulk regulations. All garden apartments and townhouses shall conform to all of the requirements as herein established:
Requirement | Garden Apartment | Townhouse | ||
|---|---|---|---|---|
Minimum gross lot area (acres) | 5 | 3 | ||
Minimum lot width at building line (feet) | 300 | 2001 | ||
Building coverage of gross land area (percent) | 15 | 15 | ||
Minimum side and rear yard (feet) | 50 | 302 | ||
Parking area setback from property line or street ultimate right-of-way (feet) | 30 | 303 | ||
Maximum dwelling units per gross acre | 16 | 8 | ||
In addition, the following minimum gross lot area shall be provided for each unit (square feet): | ||||
1-bedroom unit | 3,000 | 4,000 | ||
Each additional bedroom | 500 | 500 | ||
Minimum usable open space (not including parking or driveway areas) devoted solely to planned recreational use and activities | 0.25 square feet for every 1 square foot of gross floor area | 0.25 square feet4 for every 1 square foot of gross floor area | ||
Maximum height | 3 stories or 35 feet | 2 stories or 35 feet | ||
NOTES: | ||||
|---|---|---|---|---|
1Minimum width of a townhouse dwelling is 16 feet per unit. | ||||
2Applies to end building only. | ||||
3Applies only to parking lots and joint parking areas, not to separate parking areas for individual townhouses. | ||||
4Usable open space shall not include front and/or rear yards of an individual townhouse. | ||||
D.
Notwithstanding the provisions of the above requirements, the following shall also apply:
(1)
There shall be no group of townhouses consisting of more than eight dwelling units.
(2)
The horizontal distance between groups of townhouses or garden apartments shall be:
(a)
Two times the average height of the two groups of townhouses and garden apartments for front or rear walls facing front or rear walls.
(b)
One and one-half (1 1/2) times the average height for front or rear walls facing side walls.
(c)
Equal to the height of the highest building for side walls facing side walls.
(3)
The minimum width of any side yard abutting a street, driveway or parking area should not be less than 30 feet.
(4)
Access and service shall be provided in the front of each townhouse. Parking may be provided on the lot, as carports, as an integral part of the townhouse or a joint parking facility for a group of townhouses with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities and methods of assigning charges for maintaining snow removal and repairs.
(5)
Party walls and end wall lines on a townhouse shall be continued past the rear wall of the building, at a height not to exceed seven feet, for sufficient distance needed to provide for a private patio area for each dwelling unit in the townhouse dwelling.
(6)
At least 10% of the required front yard shall be landscaped in both garden apartment and townhouse developments.
(7)
Usable open space devoted to recreational use as herein required shall be designed for use by tenants of the development and shall be improved and equipped by the developer in accordance with plans submitted and approved by the Planning Commission.
(8)
Garden apartment buildings shall not exceed 150 feet in length.
(9)
Management of open space.
(a)
All open space shall be preserved for its intended purpose as expressed in the final site plan.
(b)
There shall be an establishment of a nonprofit association, corporation, trust or foundation of all individuals or corporations owning residential property within the development to ensure the maintenance of open space.
(c)
When the development is to administer open space through a nonprofit association, corporation, trust or foundation, said organization shall conform to the following requirements:
[1]
The developer must establish the organization prior to the sale of any lots and/or units.
[2]
Membership in the organization shall be mandatory for all residential property owners, present or future, within the planned community, and said organization shall not discriminate in its members or shareholders.
[3]
The organization shall manage all open space and recreational and cultural facilities, shall provide for the maintenance, administration and operation of said land and improvements and any other land within the planned community and shall secure adequate liability insurance on the land.
[4]
The organization shall conform to the Condominium Act, §§ 55-79.39 through 55-79.103, Code of Virginia 1950, as amended.
E.
Parking facilities:
(1)
Number of spaces. Off-street parking, whether garage or on-lot, shall be provided on the premises at the rate of two spaces for each dwelling unit.
(2)
Location. Required parking spaces shall be provided on the same lot as the building served.
(a)
All access drives shall be at least 15 feet from any multiple-dwelling building on the lot and from exterior lot lines.
(b)
Parking areas shall not be designed or located so as to require or encourage cars to back into a public street in order to leave the lot.
(c)
Entrance- and exitways shall have a minimum width of 12 feet for each lane of traffic entering or leaving the site, but shall at no time exceed 30 feet in width.
(d)
All dead-end parking lots shall be designed to provide sufficient backup area for the end stalls of the parking area.
(e)
Screening shall be provided between off-street parking areas and adjoining residential districts. A plan specifying type, size and location of existing and proposed screening material shall be submitted with the application for the special use permit.
(f)
All accessways and parking areas shall be suitably paved with a permanent hard-surface covering.
(g)
Entrance- and exitways and interior accessways shall be designed so as to prevent the blocking of vehicles entering or leaving the site.
(h)
Any other requirements deemed necessary by the Board of Zoning Appeals for the public safety shall be complied with.
F.
Drainage. The developer shall comply with all provisions of Chapter 50, Erosion and Sediment Control.
G.
Lighting. Lighting for buildings, accessways and parking areas shall be so arranged as not to reflect toward public streets or cause any annoyance to building occupants or surrounding property owners or residents.
H.
Storage of trash and rubbish. Exterior storage areas for trash and rubbish shall be well screened on three sides, with appropriate screening and trash and rubbish contained in verminproof containers with tightly fitting lids. Interior storage areas for trash and rubbish shall at all times be kept in an orderly and sanitary fashion.
§ 125-18 Shopping centers.
Shopping centers shall be in single ownership or under a guaranteed unified management control. Shopping centers shall consist of a selection of uses and groupings of buildings, service and parking areas, circulation and open space and shall be subject to the following provisions:
A.
Permitted principal uses shall be as follows:
(1)
Stores for the sale of goods at retail or the performance of customary personal services or services clearly incidental to retail sales.
(2)
Business, professional or banking offices.
(3)
Restaurants, cafes or similar places serving food and/or beverages.
(4)
Parking areas for transient motor vehicles, but not for the storage of new or used motor vehicles for sale.
(5)
Gasoline service stations.
(6)
Drive-in establishments, except theaters.
(7)
Indoor theaters.
B.
Permitted accessory uses located on the same lot with the permitted principal use shall be as follows: only the customary accessory uses associated with a commercial district shall be permitted, provided that they are limited to the same lot as the permitted uses.
C.
Area and bulk regulations shall be as follows:
(1)
Lot size: the area for development shall be a minimum of five acres.
(2)
Lot coverage: 25% maximum.
(3)
Building height: two stories or 35 feet maximum.
(4)
Front yard: 100 feet minimum.
(5)
Side yards: 100 feet minimum on each side when truck loading space is provided; 50 feet on each side when no truck loading spaces are provided.
(6)
Rear yard: One hundred feet minimum when truck loading spaces are required and 50 feet when no truck loading spaces are required.
D.
Supplementary regulations.
(1)
Off-street parking. Off-street parking shall be provided on the premises at a ratio of three square feet of off-street parking area for every one square foot of gross floor area. Parking shall be permitted in the areas required for front, side and rear yard setbacks up to a point of 25 feet from any front, side or rear lot line of the shopping center. All parking areas shall be suitably paved with permanent hard-surface coverings.
(2)
Access and traffic controls. All means of ingress or egress from the shopping center to any public street or state highway shall be approved by the State Highway Department. The developer shall be responsible for the purchase and erection of any necessary traffic control devices and the construction of additional acceleration or deceleration lanes as may be required by the State Highway Department.
(3)
Interior circulation. Interior accessways shall be designed so as to prevent the blocking of vehicles entering or leaving the site. Areas provided for loading or unloading of trucks and/or other vehicles or for servicing of shops for a rubbish collection or other services shall be adequate in size and shall be so arranged that they may be used without blocking or interfering with interior circulation and parking facilities.
(4)
Lighting. Lighting for buildings, signs, accessways and parking areas shall be so arranged as not to reflect toward public streets or cause annoyance to surrounding property owners or residents.
(5)
Screening. All lot lines abutting residential districts, along the side yard or rear yard, shall be appropriately screened by fences, walls or year-round planting and/or other suitable enclosures of a minimum height of four feet and a maximum height of seven feet.
(6)
Storage of trash or rubbish. Storage areas for trash and rubbish shall be completely screened, and all organic rubbish shall be contained in verminproof containers with tightly fitting lids. No such storage area shall be permitted within any required yard space.
§ 125-19 Manufactured Home Parks (MHP-1).
[Amended 9-16-2014]
A.
Statement of intent. The purpose of this district is to permit manufactured home parks ("MHP") to locate in those areas of the County which are appropriate for such use by proximity to public sewer, water and roads, depending upon numbers of units, and compatibility with adjacent land uses and to provide for and regulate the development of safe and healthy facilities that will offer affordable housing of an appealing, sustainable appearance and overall pleasant environment in areas of the County appropriate for such use.
B. BUILDING OFFICIAL EMERGENCY SERVICES OFFICER HEALTH OFFICER MANUFACTURED HOME LOT MANUFACTURED HOME or MOBILE HOME MANUFACTURED HOME PARK ZONING ADMINISTRATOR
Definitions. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.
The officer or other designated representative with the authority charged with the administration and enforcement of the Virginia Uniform Statewide Building Code.
The officer or other designed representative with the authority charged with the administration and enforcement of emergency medical services and fire services.
The legally designated health authority of the State Board of Health for Page County or his authorized representative.
A piece of land within a manufactured home park which is intended to hold one manufactured home for the exclusive use of the people who live in the manufactured home.
A structure subject to federal regulation, which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.
Two or more manufactured home lots located on a single parcel owned for the purposes of a planned neighborhood setting.
The officer or his/her designated representative with the authority charged with the administration and enforcement of the Page County Zoning Ordinance.
C.
Permitted uses.
(1)
Manufactured homes.
(2)
One single-family residence and ancillary structures which are owned by the property owner and occupied by the property owner or any resident manager for the MHP and their immediate family.
(3)
Housing management offices for the MHP, child-care centers, laundry facilities, indoor recreation facilities, and any other permanent buildings that directly serve the MHP residents, provided that such uses are subordinate to the residential use and character of the district.
E.
Conformance with laws. All such facilities shall conform to all the laws and requirements of the Commonwealth of Virginia for manufactured home parks rules and regulations promulgated by the State Board of Health, Uniform State Building Code ("USBC") and Page County Code Chapter 100, Subdivision of Land. If any of the above-mentioned chapters and/or regulations contain conflicting requirements, the stricter requirements shall apply.
F.
Permits.
(1)
MHPs shall be permitted only in areas zoned MHP-1 pursuant to the terms of this chapter.
(2)
It shall be unlawful for any person to construct, maintain, operate or alter any MHP within the limits of Page County unless he holds valid permits within a dedicated MHP zoning district issued and approved by the Building Official, Health Officer and Zoning Administrator in the name of such person for the specific MHP.
(3)
The Building Official, Health Officer and Zoning Administrator are authorized to issue, suspend or revoke permits in accordance with the provisions of this chapter and any rules and regulations promulgated by the State Board of Health and USBC under the authority of said laws or ordinances.
(4)
No permit shall be issued for the operation of a MHP in which any structure that does not meet the definition of manufactured home as defined above or permitted under this chapter is used or located on the subject property.
G.
Location, space and general layout.
(1)
MHPs shall be located on a well-drained site, to be approved by the County, in the County's sole discretion, and all structures located on such site shall be located so that the drainage will not endanger any water supply. Layout shall assure adequate drainage away from manufactured home lots. Access roads shall have channels or other drainage structures so that ponding and other associated drainage problems do not occur. No portion of a MHP other than parcel boundary setback areas or undeveloped common areas shall be subject to flooding, subsidence or erosion. The MHP shall be in conformity with all sanitary regulations of the State Board of Health and shall be kept in a clean and orderly manner by the owner or operator thereof.
(2)
MHPs shall be located on a parcel of land no less than five acres. There shall be a minimum fifty-foot setback from the boundary of such parcel upon which a MHP is located to any manufactured home lot. If the parcel abuts a public street, there shall be a minimum of a one-hundred fifty-foot setback from the public street to a manufactured home lot. If a parcel does not adjoin a public street with at least 50 feet of frontage a fifty-foot deeded right-of-way must be obtained to provide access to the parcel. There shall be a maximum of 50 manufactured home lots within a MHP. There shall be only one manufactured home unit per manufactured home lot. Only one MHP shall be located on a parcel zoned MHP. No manufactured home lot shall be closer than 300 feet to any existing residence unless written permission is obtained from the owner of such residence.
(3)
Each manufactured home lot shall contain not less than 10,000 square feet of ground and shall have no less than 50 feet of frontage on an access road with unobstructed access to a public street. There shall be a minimum twenty-five foot setback from an access road to any structure and a minimum ten-foot setback from side and rear lot lines to any structures.
(4)
It shall be unlawful to allow any manufactured home not on a lot to remain in a MHP. All manufactured homes shall display a HUD seal of approval or the seal of a testing facility approved by Virginia. All manufactured homes shall meet the plumbing, electrical, building and anchoring requirements of the USBC and Manufactured Home Safety Regulations. All on-frame modular homes shall meet the USBC.
(5)
All manufactured homes shall be skirted so that no part of the undercarriage shall be visible. Skirting shall be a solid continuous structure leaving no open areas except vents for air circulation, capable of withstanding a three-second gust of 90 miles per hour wind as per the USBC and shall be completed prior to occupancy.
(6)
All manufactured homes within a MHP shall be used as single-family residences only. The maximum number of residents per unit shall be two residents per bedroom. A resident shall be considered any person occupying a manufactured home for more than 120 consecutive days.
(7)
Access roads shall be provided to each manufactured home lot. Access roads shall be continuous wherever possible, connect with a public street or highway in a manner approved by the Virginia Department of Transportation (VDOT) and shall have a minimum width of 25 feet, with a base capable of supporting a minimum load of 30 tons on three axles and at least a twenty-five-foot wide all-weather gravel surface. Dead-end access roads, if necessary, shall be limited to 150 feet in length, shall be provided with a cul-de-sac 60 feet in radius at the outside of the curb and shall provide access to no more than three manufactured home lots. Culs-de-sac shall be an "open" configuration, without a raised island. A minimum of 25 feet in from the outside curb shall be provided with an all-weather gravel surface on a base capable of supporting a minimum load of 30 tons on three axles. Any street, road or right-of-way providing means of ingress or egress to the parcel on which a MHP is located shall be a minimum clearance width of 50 feet and shall have a minimum width of all-weather gravel surface of 25 feet. No road providing ingress or egress to a MHP or access to manufactured home lots shall have any grade exceeding 12%.
(8)
The speed limit on access roads serving manufactured home lots shall be 10 miles per hour and shall be posted where any road providing ingress and egress to a MHP meets a road providing access to manufactured home lots. "STOP or YIELD" signs or Stop lights shall control all intersections between access roads, access roads and ingress or egress roads and ingress and egress roads and public streets. The size, material and coloration of the signs shall meet VDOT standards.
(9)
All roads providing ingress, egress or access to a manufactured home lot shall be named and signed. The name of the MHP and the name of each road shall be named according to the established guidelines and procedures set forth in §§ 127-4 and 127-8 of the Page County Code. Road identification signs of a design approved by the County shall be installed by the developer at all intersections. All other signage shall conform to the requirements of § 125-20 of the Page County Code. In addition, all lots shall be numbered and have addressing displayed per Page County Code requirements.
(10)
The County is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle condition, condition of terrain, climatic conditions or other factors that could limit access.
(11)
Fire apparatus roads shall not be obstructed in any manner, including parking of vehicles, which makes the pathway or access roads narrower than required by ordinance.
(12)
All access roads must maintain a minimum vertical clearance of 13 feet, six inches, at all times.
(13)
Any bridges, culverts or low water crossings must be designed by an engineer certified in the State of Virginia and certified to withstand a minimum of 30 tons of weight on three axles.
(14)
Each manufactured home lot shall have at least two paved or graveled parking spaces located within the twenty-five-foot setback from an access road and not closer than 10 feet to the manufactured home. Additional areas shall be set aside within the MHP to accommodate additional resident or visitor vehicles. Such parking areas shall accommodate a total of at least one parking space per manufactured home lot that has only two parking spaces and shall be paved or graveled. Each parking space shall be no less than 10 feet wide by 20 feet long. Only vehicles with current license plates, registration, and inspection stickers shall by kept within a MHP. All vehicles kept within a MHP shall be kept on a designated parking space. No vehicle shall occupy more than one designated parking space.
(15)
Play areas shall be provided and restricted to such use. Each play area shall be a minimum of 25,000 square feet. MHPs of more than 25 manufactured home lots shall provide an area of at least 1,000 square feet per manufactured home lot.
(16)
Each manufactured home lot shall have a Virginia Health Department approved refuse container for weekly "curbside" pickup. If such service is not provided, one or more refuse collection areas shall be provided. Each refuse collection area shall be large enough to accommodate at least one eight-yard, front-end dumpster and attending vehicle and shall be emptied at least once each week. Such areas shall be paved or graveled and compacted as required to support the size dumpster used. Each refuse collection area shall be screened on three sides by opaque fencing a minimum of six feet in height.
(17)
MHPs shall include a minimum of 25% of the gross parcel area as dedicated common open area. Such area may be used for noncommercial agriculture, gardening and recreation, including hiking trails, or kept in its natural state. No more than 5% of such area may be covered by impervious surface. No structures are allowed in such areas except as strictly ancillary to the above uses. Parcel boundary setback area and play areas may be included in the common open area. Parking areas, roads and refuse collection areas shall not be included in the common open area.
(18)
Vegetative screening shall be required in the parcel boundary setback areas and shall consist of a minimum of two continuous rows of alternating native evergreens and deciduous species planted at ten-foot intervals, staggered. The requirement for deciduous species may be waived if requested by the adjoining landowner and, if waived, does not affect the total number of trees required. Such screening shall be a minimum of three feet tall when planted and reach a height of at least 35 feet when mature. Existing natural growth of mixed evergreens and deciduous species may be acceptable if healthy and of the aforementioned density and height requirements. All vegetative screening shall be maintained alive and healthy.
H.
Accessory structures.
(1)
All accessory structures shall meet the setback requirements of a MHP lot. Utility sheds must be completely enclosed, comply with all applicable Zoning and Health Department regulations and building codes, and shall not be placed in driveways or parking spaces. Aluminum sheds are not permitted.
(2)
All manufactured home accessory structures shall meet the requirements of the USBC.
(3)
Except in the case of an awning or other shade structure, where a manufactured home accessory structure is attached to the manufactured home unit, a substantial part of one wall of the accessory structure shall be flush with part of the manufactured home unit or such accessory structure shall be attached to the manufactured home by means of a roof. Any such attachment to a manufactured home unit shall be made only as recommended by the manufacturer.
(4)
Manufactured home accessory structures shall not exceed the height of the manufactured home.
(5)
Any accessory structure placed on a manufactured home lot shall be accessory only to the manufactured home.
(6)
Porches may be placed on manufactured homes, provided they are constructed in accordance with the provisions of the USBC. As a minimum, a three-foot-by-three-foot landing shall be required at each door and shall be in place prior to final inspection and occupancy of the home. Any porch or deck over three feet by three feet shall be considered a part of the main building and shall meet main building setbacks.
(7)
No porches, decks, or accessory structures to any manufactured home shall be constructed or erected without first obtaining proper permits from the County.
I.
Water and sewer.
(1)
MHPs containing six units or less may be served by on-site water and sewer systems. Such wells and septic systems shall be provided, maintained, and operated as required by the Virginia Department of Health, and be wholly located within the boundaries of the MHP. Such on-site water and sewer shall serve only the MHP. Failure to comply with all Virginia Department of Health requirements for the operation, maintenance, testing and reporting shall be cause for suspension or revocation of a MHP permit.
(2)
MHPs with more than six units shall be connected to public water and sewer and must also have approved fire hydrants at each intersection and at a distance not to exceed 600 feet in between hydrants.
J.
General appearance and safety. All structures, including fencing and signage, shall be maintained in good repair. All vegetative buffers, screening, landscaping plants and gardens shall be maintained alive and healthy. No appliances other than barbecue grills shall be kept outside manufactured home units. No outside fires shall be permitted other than cooking fires, which shall be attended at all times. Exposed ground surfaces in all parts of a MHP shall be paved or covered with crushed stone or gravel or protected with a vegetative growth or other natural growth that is capable of preventing soil erosion and eliminating objectionable dust.
K.
Inspection.
(1)
The Health Officer, Building Official and Zoning Administrator are hereby authorized and directed to make inspections at least once a year to determine the condition of MHPs located within Page County. Each year the authorized inspectors shall perform the legally imposed duties relating to the regulation and licensing of the MHP, safeguarding the health, safety and general welfare of occupants of the MHP and of the general public, and determine whether or not the MHP is in compliance with the provisions of this chapter and applicable state laws and regulations. A written report of the conditions of the MHP shall be filed with the office of the Zoning Administrator in the month of December each year.
(2)
The Health Officer, Building Official and Zoning Administrator shall each have the right and authority to enter at reasonable times upon private property for the purpose of inspecting and investigating the conditions relating to the enforcement of this chapter.
(3)
In the event the Health Officer, Building Official and/or Zoning Administrator determine that the MHP is in violation of any provisions of this chapter and applicable state laws and regulations, the County official shall provide written notice to the owner of the MHP of all violations and the owner shall have 15 days to cure all violations, unless the County agrees to extend this time period.
(4)
Any of the County officials who are charged with the responsibility of inspecting the MHP shall have the authority to suspend or revoke any permit issued by such County official upon failure or refusal of owner of the MHP to comply with the provisions of this chapter. No permit shall thereafter be issued until full compliance shall have been made.
(5)
In the event that any owner operating a MHP is not compliant with the provisions of this chapter and applicable state laws and regulations, such violations shall constitute a violation under the terms of this chapter and the owner shall be subject to the penalties detailed herein.
L.
Site plan requirements.
(1)
A MHP application and preliminary site plan are required with a rezoning request. Preliminary site plans shall meet the following requirements and include the following information:
(a)
Site plans shall be legibly drawn to scale of no less than one inch equals 100 feet.
(b)
A vicinity map showing the location and area of the proposed MHP.
(c)
The boundary lines, area and boundary dimensions of the proposed MHP including boundary setback areas.
(d)
The location and dimensions, if any, of all existing streets and street right-of-ways, easements, water, sewage, drainage facilities and other community facilities and utilities on and adjacent to the proposed MHP.
(e)
Proposed layout, including entrance road and interior access roads with dimensions, lot lines with dimension and areas of manufactured home lots, common open areas, play areas, visitor or common parking areas, refuse collection areas and any permanent structures such as offices, recreation facilities and fences.
(f)
Plan for adequate drainage with street and lot plan designed to avoid drainage problems. Proposed layout shall consider terrain and its effect on adequate drainage away from the proposed lots and in the design of roads with channels or drainage structures to assure that ponding or other associated drainage problems will not occur.
(g)
The site plan shall be accompanied by a narrative statement describing how the standards and requirements set forth herein are to be met, a statement that there will be an adequate supply of potable water from either a public water supply or from a private water system conforming to all applicable laws, regulations, resolutions and ordinances, and a statement that there will be an adequate sewer system. Both statements on water and sewer shall have preliminary approval from the health officials or director of public works where appropriate.
(h)
The location of any area within the one-hundred-year floodplain, stream, open water body and water crossing.
(2)
Upon approval of a rezoning application and preliminary site plan, a final site plan shall be submitted for approval. The final site plan shall be in substantial accordance with the approved preliminary site plan and shall include the following additional information:
(a)
The date of the site plan, the name of the surveyor or engineer preparing it, and the number of sheets accompanying the plan.
(c)
Water, sewer, drainage and utility lines, including on-site water and sewer systems (if any) and connections with dimensions shown.
(d)
The locations and dimensions of the manufactured home lots and parking spaces.
(e)
The location and nature of firefighting facilities, including hydrants, fire extinguishers and other firefighting equipment.
(f)
The location of dumpsters, fuel storage facilities and structures of high flammability.
(g)
Where appropriate, there shall be a statement from the Health Officer certifying approval of the water and sewer system.
(h)
The location and species of vegetative screening, buffers, and landscaping (if any).
(i)
Stormwater management plan as required by the Virginia Stormwater Management Program and/or as amended by the Page County Code.
(3)
The Health Official, Zoning Administrator, Emergency Services Officer and VDOT must approve the final site plan prior to submission for approval by the Building Department. If the MHP is connected to public water and sewer, the Director of Public Works must also approve the site plan prior to submission to the Building Department for approval.
M.
Bonding for construction of access roads and utilities. Prior to obtaining final approval of a MHP site plan and before the issuance of any permits for manufactured homes to be located in the MHP, the owner or developer of the MHP shall submit to the County a surety bond issued by a company licensed to do business in Virginia, or a letter of credit, in the amount of the estimated cost of construction of the entrance and access roads, utilities, and the manufacture and installation of the approved road signs.
N.
Utilities and construction. All electrical, plumbing, mechanical, fuel gas and building work shall be in compliance with USBC, the Virginia Construction Code and the Virginia Manufactured Home Safety Regulations. Any lighting that is provided on the MHP will be directed downwards, so as to not produce a glare on adjoining properties.
O.
Registration. The owner of the MHP shall keep a registration book and register all manufactured homes in the MHP. Such book shall be available for inspection at all times by police, health officers and the Building Official. The registration book shall include the name of the owner and, if not owner occupied, the tenant occupying the manufactured home, the owner's permanent address, if any, the number of persons occupying the manufactured home, the lot number on which the manufactured home is located, the state in which the manufactured home is registered and the date of the arrival and departure of each manufactured home.
P.
Posting license. Licenses obtained under the provisions of this chapter shall be posted in a conspicuous place within the MHP so as to be easily accessible for inspection by the public or any County officer or law enforcement officer.
Q.
Mail service. Facilities for pickup and delivery of mail shall be provided as required by the United State Postal Service.
R.
Nonconforming uses. Any trailer or trailer park as previously defined in § 109-1 of this Code, which chapter is being amended effective with the adoption of this section, or MHP existing at the time of adoption of this section may be continued although it does not conform to the standards and provisions contained herein. All such trailers, trailer parks and MHPs, however, must comply with the applicable USBC, Virginia Construction Code, Virginia Department of Health Regulations and Virginia Manufactured Home Safety Regulations. Page County shall have the right to require that any nonconforming trailer, trailer park or MHP be brought in compliance with the USBC by providing notice to the owner. Any nonconforming trailer park or MHP that is discontinued shall not be issued a permit for reestablishment except in conformance with this section. The owners of an existing trailer or manufactured home unit located in a trailer park or MHP may be issued a permit to replace it as long as it meets all requirements of this chapter, including compliance with the USBC. Expansion or alteration of a nonconforming trailer park or MHP shall be in conformance with this chapter.
S.
MHP rules and regulations. MHP owners and/or operators may maintain standards and impose rules and regulations that are in addition to and/or more restrictive than those required by this chapter. Enforcement of such additional and/or more restrictive standards, rules, and regulations is the responsibility of the owner and/or operator.
T.
Violations and penalties. Owners of a MHP found in violation of any provision of this chapter shall be charged with a misdemeanor and, upon conviction thereof, shall be subject to a fine not exceeding $2,500 or imprisonment not exceeding 12 months or revocation of a license or permit, or combination thereof. Every day in violation hereof shall constitute a separate offense.
§ 125-20 Signs.
[Amended 6-19-2012; 2-6-2023]
A.
General. Notwithstanding any other section of this chapter to the contrary, the regulations set forth in this section shall govern signs.
B.
Purpose and intent.
(1)
To regulate the type, size, height, and location of signage used in the County so as to provide adequate opportunity for the identification and promotion of and direction to businesses and institutions, while preserving the County's rural, agricultural, historic, and scenic character.
(2)
This section is intended to:
(a)
Minimize visual distractions to motorists using public and private streets;
(b)
Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way;
(c)
Protect property values;
(d)
Enhance the physical appearance of the County and preserve the scenic and natural beauty of the community; and
(e)
Promote commerce and trade to create an attractive economic and business climate.
C.
Interpretation, conflict and severability.
(1)
This section shall be interpreted in a manner consistent with the First Amendment guarantee of free speech.
(2)
Where this section differs in any manner from the provisions of the Virginia Uniform Statewide Building Code or any other ordinance or regulation of the County, the ordinance, code, or regulation imposing the greater restriction upon the use of any sign shall control.
(3)
Should any article, section, subsection, sentence, clause, or phrase of this section, for any reason, be held unconstitutional or invalid, such decision or holding shall not affect the validity of the remaining portions hereof. It being the intent of Page County to enact each section and portion thereof, individually, and each such section shall stand alone, if necessary, and be in force regardless of the determined invalidity of any section or provision.
D. SIGN SIGN AREA SIGN, AWNING OR CANOPY SIGN, BANNER SIGN, FLAG SIGN, FREESTANDING SIGN HEIGHT SIGN, MINOR SIGN, MONUMENT SIGN, OFF-PREMISES/BILLBOARD SIGN, ROOF SIGN, TEMPORARY SIGN, WALL-MOUNTED
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any device, display, or structure that is visible from a public place and that has words, letters, figures, designs, symbols, logos, illumination, or projected images. The term "sign" shall not include the following: architectural elements incorporated into the structure or facade of a building; devices, displays, or structures that are visible only from the inside of a building.
The total area devoted to conveying a message excluding any border and trim, ornamental base or apron supports and other structural members. Where signs employ appurtenances such as "pop-ups" and "cut-outs" or objects that extend beyond the normal area, the area of such appurtenances shall be measured separately and included in the total sign area. The total sign area for a double-faced sign or a "V" type sign shall be measured on the largest face of the sign; however, advertising or other copy may be posted on both sides of such sign. (See Figures F.3 and F.4.[1])
A sign that is mounted, painted, or attached directly on the surface of an awning or canopy.
A flexible substrate on which copy or graphics may be displayed with no permanent rigid backing. A banner sign is considered a temporary sign.
A piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as a symbol, decoration, or message; this includes pennants.
A rigid or semi-rigid sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground. (See Figure F.1.[2])
The height of a sign shall be measured from the average elevation of the ground below the sign to the top point of the sign. Where the location of a sign is lower than the street to which it is oriented, the height may be increased by the difference in elevation, except for off-site group signs. (See Figures F.1, F.2 and F.3.[3])
A wall or freestanding sign not exceeding four square feet in area, not exceeding four feet in height, and not illuminated. Examples include no-trespassing signs, displays of building address, security warning signs, parking signs, and entrance/exit signs.
A rigid or semi-rigid sign placed directly on the ground by means other than a support pole or brace in which the message portion is either on top of, or affixed to the support structure. (See Figure F.2.[4])
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered on a parcel of land other than the one on which the sign is located.
A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered to be roof signs. (See Figure F.5.[5])
A sign designed or intended, based on materials and structural components, to be displayed for a specified or limited period of time, regardless of type or style of sign. Examples include real estate signs, yard sale signs, construction signs, contractor's signs, auction signs, civic event signs, grand opening signs, direction to event signs, banner signs, and special or one- time event signs per year.
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects no more than 18 inches (457 mm) from the building or structure wall, including signs affixed to architectural projections from a building, provided the copy area of such signs remains on a parallel planed to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. (See Figure F.5.[6])
[1]
Editor's Note: Said figures are included as an attachment to this chapter.
[2]
Editor's Note: Said figure is included as an attachment to this chapter.
[3]
Editor's Note: Said figures are included as an attachment to this chapter.
[4]
Editor's Note: Said figure is included as an attachment to this chapter.
[5]
Editor's Note: Said figure is included as an attachment to this chapter.
[6]
Editor's Note: Said figure is included as an attachment to this chapter.
E.
Permits. No sign, unless herein exempted, shall be erected, constructed or altered until a permit has been issued by the County. Fees for sign permits shall be in accordance with the schedule of fees adopted by the Board of Supervisors, from time to time.
F.
General requirements. The following regulations shall apply to all signs:
(2)
No sign, other than a sign approved or installed by the Virginia Department of Transportation, shall be located within or over any public right-of-way.
(3)
No sign, whether permanent or temporary, shall be attached to trees, utility poles or other supporting structures, unless specifically authorized by the Zoning Administrator.
(4)
Except in the case of shopping centers and corner lots, not more than one permanent freestanding sign shall be permitted for each lot or parcel.
(5)
Corner lots shall be entitled to one freestanding sign for each road frontage; provided, however, that this provision shall not apply along road frontages where restricted access easements are in place.
(6)
Signs shall be sized and/or located so as to not impair any sight distance reasonably necessary for pedestrian or traffic safety, such determination to be made by the Zoning Administrator and/or Virginia Department of Transportation.
(7)
Signs may be lighted with nonglaring internal lights or may be illuminated by shielded floodlights, which are directed downwards. Any sign with light sources of such brightness as to constitute a hazard or nuisance, as determined by the Zoning Administrator and/or Virginia Department of Transportation, shall be prohibited.
(8)
A sign which revolves or moves, whether illuminated or not, which has letter(s) or numbers shall not change at intervals of less than five seconds. This shall include a clock or thermometer or similar instrument with moving hands.
G.
Exemptions. A zoning permit for a sign is not required for:
(2)
Commemorative plaques and historical markers (a plate of metal, ceramic, stone, wood, or other material, typically attached to a wall, stone, or other vertical surface, and bearing text in memory of an important figure or event) shall not exceed four square feet.
(3)
Private road signs.
(4)
Signs erected or required by a governmental agency.
(6)
Flags of the United States of America, Commonwealth of Virginia, and the County are permitted. All other flags shall not exceed 100 square feet.
(7)
Signage on movable vehicle(s) licensed and properly insured and tagged in the state of Virginia and ready for road use.
H.
The following regulations shall apply to all signs according to the zoning district in which they are located as referenced in § 125-20O:
(1)
No freestanding or monument sign shall exceed 160 square feet in the Commercial or Industrial zoning districts or 50 square feet in the Agriculture, Woodland-Conservation, and Park-Recreation zoning districts. One freestanding or monument sign per street frontage shall be allowed in the Agriculture, Woodland-Conservation, Commercial, Industrial and Park-Recreation zoning districts. When determining the location of such sign, consideration shall be taken into account of the proximity to the entrance and the proximity to other signs.
(2)
Wall-mounted signs in the Commercial, Industrial, Woodland-Conservation, Agriculture, and Park-Recreation zoning districts shall be permitted to encompass 25% of the area of the wall to which the sign is attached, provided the total area of the wall-mounted sign does not exceed 160 square feet.
(3)
Residential-zoned subdivision and mobile home park entrances are permitted one monument-style or freestanding sign which is restricted to identifying the subdivision not to exceed 30 square feet.
(4)
Multifamily dwellings are permitted one wall-mounted sign per building not to exceed eight square feet, which solely identifies the building name or addresses.
(5)
Awning or canopy sign length shall not exceed the length of the vertical surface of the awning or canopy.
(6)
Roof signs are allowed only within the Industrial Zoning District, unless a special use permit is obtained.
I.
Temporary signs. Temporary signs shall be up for no more than 90 days in any twelve-month period and shall be removed seven days after the completion of the event/sale.
J.
Off-premises signs. Off-premises signs shall be prohibited in all districts, except as follows:
(2)
Governmental signs such as traffic warning or regulatory signs or signals.
(3)
Building identification, directional and informational signs for public educational institutions, subject to the following restrictions:
(a)
Such signs shall be either a freestanding or a monument sign, and shall be no more than 24 feet in height, and not more than 50 square feet in total size;
(b)
No more than one off-premises sign shall be permitted per public educational institution;
(c)
Prior to the issuance of a permit pursuant to § 125-20E, the applicant must obtain and provide written consent of the landowner upon which the intended sign is to be placed;
(d)
Such signs shall be subject to the setback requirements as set forth in § 125-20F(1); and
(e)
Such sign must be located within five square miles of the public educational institution.
K.
Signs prohibited in all districts.
(1)
Flashing.
(2)
Simulated traffic signals/signs, except VDOT signs.
(3)
Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign. (This does not apply to allowed portable signs or signs or letters on buses, taxis, or vehicles operating during the normal course of business.)
(4)
No signs shall be permitted on dumpsters which are either temporarily or permanently located on property located within Page County limits other than signs identifying the owner of the dumpster, which owner must also be in the business of waste removal. The purpose of this restriction is to prohibit use of dumpsters for the purposes of advertising.
L.
Maintenance and repair.
(1)
Condition of signs. All signs and structural components shall be maintained in full repair and in an attractive condition.
(2)
Repair or removal of signs. Any sign declared by the County Building Official to be a hazard to life or property may be ordered to be repaired or removed. In addition, any sign in violation of this section, or any sign which is not consistent with the intent of this section, may be ordered to be repaired or removed. All costs for repair or removal will be charged to the sign owner and/or the owner of the property.
(3)
Removal of obsolete signs. Signs will be removed within 30 days of discovery of being discontinued or obsolete. All costs will be charged to the owner of the sign and/or the owner of the property.
M.
Special use permit. The Board of Supervisors may authorize the following exceptions to these rules by special use permit in accordance with all applicable procedural requirements: an increase in sign area and/or sign height, a reduction in sign spacing, a variance to wall-mounted location and/or roof signage.
N.
Nonconforming signs. Nonconforming signs once removed shall be replaced only with conforming signs; however, nonconforming signs may be repainted or repaired, provided that they do not exceed the dimensions of the existing sign.
O.
Chart. The chart of sign type restrictions by zoning district is as follows.[7]
[7]
Editor's Note: The chart of sign type restrictions by zoning district is included as an attachment to this chapter.
§ 125-21 Off-street parking and truck loading requirements.
[Amended 9-15-2025]
A.
Off-street parking.
(1)
Minimum parking requirements. Any building or other structure used (including any existing building or structure subsequently enlarged) and any lot used or occupied for any of the following purposes shall be provided with the minimum off-street parking spaces as set forth herewith.
(a)
Dwellings: two parking spaces for each dwelling unit.
(b)
Churches, schools and theaters: one parking space for every five seats provided.
(c)
Hotels and motels: one parking space for each rental unit.
(d)
Eating establishments: one parking space for every four seats or for each 50 square feet of gross floor area used by the eating establishment, whichever shall require more spaces.
(e)
Retail stores: one parking space for each 200 square feet of gross floor area. (For shopping center, see § 125-18D.)
(f)
Wholesale establishments or warehouses: one parking space for each employee in maximum shift, but at least one space for each 5,000 square feet of gross floor area.
(g)
Manufacturing, industrial and general commercial uses not otherwise specified: one parking space for each employee on maximum shift, but at least one space for each 5,000 square feet of gross floor area.
(h)
Offices (professional): one space for each 200 square feet of net rentable floor area.
(i)
Bowling alleys: five spaces for each lane.
(j)
Drive-in establishments: one space for each 50 square feet of gross floor area.
(k)
Hospitals: at least one space for every two beds. The total number of beds shall include infants' cribs and children's beds.
(l)
Wayside or roadside stand or market: at least five spaces.
(m)
Catering facility: at least one space per employee on maximum working shift, excluding employees who are residents of a dwelling on the property, plus one parking space for storage of each truck or other vehicle used in connection with the business.
(n)
Other uses not specified: the same requirements as for the most similar use listed or as determined by the Zoning Administrator.
(2)
Parking lots. One or more parking lots may be designed to service a multiple number of commercial uses, so long as the total requirements shall be equal to the sum of the requirements of the component uses computed separately.
(3)
Fractional space. When required parking computations result in fractions, any fraction 1/2 or below may be disregarded, and any fraction in excess of 1/2 shall be construed to require a full space.
(4)
Reduction of existing parking. Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than that required under this chapter for the particular district in which the off-street parking facilities are located.
(5)
Paving. All required parking areas and all access drives for commercial or industrial uses shall have an all-weather surface.
(6)
Services. No repair to or maintenance of vehicles of any kind shall be permitted in any accessory parking facility, with the exception of immediate emergency repairs.
B.
Off-street truck loading. On the same premises with every building, structure or part thereof erected or occupied for uses involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, turning, loading and unloading services in order to avoid interference with public use of streets and alleys.
§ 125-22 Membership clubs and recreation facilities.
[Amended 7-13-1999]
Outdoor commercial recreation area and facilities, such as parks (except amusement parks), playgrounds, picnic grounds, swimming clubs, riding stables or academies, country clubs, golf courses and driving ranges or miniature golf courses are permitted by special permit only if constructed and operated in conjunction with camps and campgrounds, country clubs or golf courses permitted by special permit subject to the following conditions:
A.
That no building or part thereof or any parking or loading area shall be located within 35 feet of any street or lot line.
B.
Upon application to allow for facilities sufficient for providing food and beverage to guests specifically patronizing the use granted by the special use permit, provided that such facilities shall not be open to the general public. Private functions for providing food and beverages at such facilities may be allowed by special use permit.
C.
That such use shall occupy a lot with an area of not less than three acres.
D.
That exterior lighting, other than that essential for the safety and convenience of the users of the premises, shall be prohibited. All exterior lighting shall be shielded from the view of all surrounding streets and lots.
§ 125-23 Gasoline service stations.
Gasoline service stations are subject to the following requirements:
A.
All activities except those required to be performed at the fuel pumps shall be performed within a completely enclosed building.
B.
Fuel pumps may be located within the front yard, but shall be at least 20 feet from any street line.
C.
All automobile parts, dismantled vehicles and similar articles shall be stored or enclosed so as not to be visible to the public.
§ 125-24 Restaurants, drive-thru.
§ 125-25 Car washing facilities.
§ 125-26 Restrictions adjacent to airports; establishment of approach zones. [1]
A.
The Commission shall determine whether there exist any areas which would be involved under the Federal Aviation Agency's criteria for determining obstruction to air navigation. If there are, they shall be marked on a copy of the Official Zoning Map in the office of the Administrator. It shall be available to the public for examination.
B.
The Administrator shall prepare such height and other regulations governing the construction of buildings within such areas. They are to be consistent with the Federal Aviation Agency's recommendations. Following approval by the governing body, the Administrator shall enforce these regulations.
§ 125-27 (Reserved) [1]
§ 125-28 Slope controls.
A.
Intent. Steep slopes pose special problems for normal building construction and site development in terms of building foundations, stormwater runoff control, soil erosion, stream siltation, flooding, sanitary seepage, etc. These controls are intended to augment the provisions of the primary zoning district.
B.
Boundaries of steep slope areas.
(1)
Steep slope areas over 25% in grade are derived from United States Geological Survey (USGS) maps.
(2)
Studies and maps used to establish the boundaries shall be available in the office of the Zoning Administrator.
(3)
The boundaries of the slope control area, as defined above, shall be shown on the Official Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
C.
Overlay concept.
(1)
The slope control area shall be deemed an overlay on any zoning district now or hereafter applicable to any lot.
(2)
Should the slope control area be declared inapplicable by allowable legislative or administrative actions or judicial directions, the zoning applicable to such lot shall be deemed to be the district in which it is located without consideration of this section.
D.
Uses permitted shall be as follows:
(1)
Parks, outdoor recreation.
(2)
Agriculture, wildlife sanctuary, game farms, etc.
(3)
Pasture, grazing animals according to recognized soil conservation practices.
(4)
Front, side and rear yards and required lot area in any district, provided that such yards are not used for on-site sewage disposal systems.
(5)
Electric facilities operating at 40 kilovolts or below.
E.
Uses permitted by special permit shall be as follows:
(1)
Buildings permitted in the primary district, provided that:
(a)
Buildings or structures and roads located on a slope of 25% or more in grade require a plan showing the topography, building location, drives, sanitary facilities, foundation, drainage, planting schedule, grading plan prepared by an architect or landscape architect or engineer and a statement as to how problems of constructing possible erosion barriers, stream siltation, soil stabilization or revegetation are to be overcome.
(b)
Buildings requiring on-lot sanitary facilities require Health Department approval.
(2)
Electrical facilities operating above 40 kilovolts.
F.
Issuance of zoning permit. A zoning permit shall not be issued for a steep slope area development until the County Engineer and/or appropriate authority has certified that the conditions on the lot are as actually stated on the plan and that the plan as proposed actually resolved the problems arising from the steep slope condition.
G.
Recording of permits. The Zoning Administrator shall maintain a separate file for all zoning permits in areas subject to these regulations.
[Amended 12-12-1994]
H.
Boundary disputes and appeals procedures.
(1)
Should a dispute concerning the boundaries arise, an initial determination shall be made by the Zoning Administrator.
(2)
Any party aggrieved by this decision, claiming the criteria used for delineating the boundary in Subsection B is or has become incorrect because of changes due to natural or other causes, may appeal to the Board of Zoning Appeals.
(3)
The burden of proof shall be on the appellant.
(4)
All changes approved in boundaries shall be made on the Official Zoning Map.
(5)
If a landowner believes that his land should not be included in the slope control area, he must present to the Board of Zoning Appeals appropriate testimony from a professional engineer that his land should not be considered as part of said area.
I.
County liability. The grant of a zoning permit or approval of a subdivision plan in the slope control area shall not constitute a representation, guaranty or warranty of any kind by the County or by any official or employee thereof of its practicability or safety of the proposed use and shall create no liability upon the County, its officials or employees.
§ 125-29 Manufactured homes in subdivisions by special use permits.
[Added 7-9-1990]
Manufactured homes may be allowed in subdivisions within the County as defined and approved pursuant to Chapter 100, Subdivision of Land, of the Code of the County of Page, Virginia, or as previously platted and recorded as subdivisions prior to enactment of Chapter 100, and the Board of Supervisors shall consider the following criteria upon application for a special use permit:
A.
The existence of any restrictive covenants prohibiting the location of manufactured homes in the subdivision, and if any such covenant exists at the time of application for the special use permit, then such application shall be denied.
B.
The number of manufactured homes existing in the subdivision for which application is being made.
C.
Consent of adjoining landowners.
D.
The position of other landowners in the subdivision, including any position taken by the property owners association of the subdivision.
E.
Other criteria which may assure the enforcement of any other provisions of this section and the intent of this section.
§ 125-30 (Reserved) [1]
[1]
Editor's Note: Former § 125-30, Storage buildings, added 4-11-1994 and amended 12-19-2006, was repealed 3-20-2023.
§ 125-30.1 Electric facilities operating above 40 kilovolts.
[Added 5-14-2002]
Applications for special use permits to construct electrical facilities above 40 kilovolts may be made by filing one special use application for the entire route of the transmission line or electrical facility, rather than on a parcel-by-parcel basis.
§ 125-30.2 Motorsports facilities.
[Added 5-14-2002]
A.
Motorsports facilities as defined in § 125-4 shall be subject to the following application and design requirements. These requirements shall supplement the applicable general zoning district regulations found in Article IV of this chapter and the standards and procedures for special use permits found in § 125-54 of this chapter.
B.
Practice, training, and other instruction related to competitive or noncompetitive operation of automobiles, trucks, motorcycles, and other motorized vehicles and machinery shall be permitted as an accessory use of a motorsports facility.
[Added 6-17-2024[1]]
C.
All special use permit applications for motorsports facilities shall contain the following information at the time of submission. The Administrator may request any additional information deemed necessary for the Commission's review of the application:
(1)
A conceptual site plan of the property that shows the approximate location, scale and character of all proposed site features and facilities, including, but not limited to, all areas devoted to racing, maintenance, spectator seating, parking, vehicle and pedestrian access and circulation, camping, and concessions. Proposals for site landscaping, buffering and lighting shall be included on the plan. The conceptual plan shall also show the relationship of all proposed features and facilities to surrounding uses and properties.
(2)
A preliminary grading plan that shows the existing and proposed topography of the site, including the elevations of all proposed facilities and features, and their relationship to the elevation of surrounding properties and uses.
(3)
A detailed written narrative describing:
(a)
All proposed uses of the property, including the frequency of each use proposed and the anticipated hours of operation for each use.
(b)
The types of motorsports events proposed and the types of vehicles involved in each event.
(c)
Plans for providing safety and security on the property during all proposed events.
(d)
Plans for the provision of public water and sewer to the property, or if public facilities are not proposed, methods by which potable water shall be provided and sewage shall be disposed.
(e)
Plans for the abatement of noise generated by the use and operation of the property, with information on methods to be employed.
(f)
Plans for the mitigation of lighting impacts on surrounding and nearby properties.
(g)
Plans for the adequate management of traffic generated by the proposed use, including an analysis of existing traffic patterns in the area, and any plans or proposals for off-site traffic improvements.
D.
All proposals for motorsports facilities shall meet the following minimum standards; however, stricter standards may be established as a condition of the issuance of special use permit:
(1)
A minimum lot size of 50 acres shall be provided.
(2)
All proposed uses, structures, and other developed or activity areas shall be located at least 100 feet from any adjoining property line.
(3)
All exterior lighting on the property shall be designed, located and arranged so as not to direct glare on adjoining streets or properties. Lighting intensity at adjoining property lines shall not exceed 0.5 footcandles.
(4)
Unless noise levels are specifically addressed in the special use permit, no recurrent or sustained noise generated from the operation of the motorsports facility shall exceed 80dB(A) when measured from any adjoining property line. Noise levels specifically addressed in a special use permit shalt take precedence over the maximum 80dB(A) listed in this Code section.
[Amended 3-20-2012]
§ 125-30.3 Wireless communications facilities.
[Added 4-8-2003]
B.
Statement of purpose. The purpose of the regulations and requirements of this section are to:
(1)
Accommodate the communication needs of the residents and businesses while protecting the public health, safety and general welfare;
(2)
Facilitate the provision of wireless communications facilities through careful siting and design standards;
(3)
Minimize adverse visual effects of wireless communications facilities through careful siting and design standards;
(4)
Avoid potential damage to adjacent properties from the construction and operation of wireless communications facilities through structural standards and setback requirements;
(5)
Maximize the use of existing and approved towers, buildings, or structures to accommodate new wireless communications antennas to reduce the number of towers needed to serve the industry; and
(6)
Provide incentive for siting of towers on County-owned or County-controlled land or structures.
C.
Applicability.
(1)
Preexisting towers and antennas. Any tower or antenna in existence prior to the effective date of this section shall not be required to meet the requirements of this section. Any addition to a preexisting tower or antenna shall comply with all applicable requirements of this section.
(2)
Amateur radio; receive-only antennas. This section shall not govern the installation of any tower or antenna that is owned and/or operated by a federally licensed amateur radio operator or is used exclusively for receive communications. Commercial antennas attached to such a tower or any tower modification made for the purpose of accommodating such an antenna shall comply with all applicable requirements of this section.
D.
General provisions.
(1)
All towers and antennas shall comply with all applicable rules and regulations of the FCC and FAA and any other federal agency with the authority to regulate towers and antennas.
(2)
Design and installation of all towers and antennas shall comply with the manufacturer's specifications and with ANS/TIA/EIA standards. Plans shall be approved and stamped by a professional engineer registered in the State of Virginia.
(3)
Leased sites. Written authorization for establishing the wireless communications facilities on leased property from a property owner shall be provided as set forth in § 125-30.3H(6).
(4)
All wireless communications facilities must be adequately insured for injury and property damage. Proof of insurance with the County named as an additional insured shall be provided for those located on County-owned or County-controlled property.
(5)
All unused towers and antennas must be removed within 12 months of cessation of operation or use, unless the Zoning Administrator provides a written exemption. After the facilities are removed, the site shall be restored to its original condition, or as close as possible, and anchoring elements shall be removed to within four feet of ground level. If removal and/or restoration is not completed within 90 days of the expiration of the twelve-month period specified herein, the County is authorized to complete the removal and site restoration, and the cost shall be assessed against the property as a special assessment.
(6)
Proposals to erect new towers and antennas shall be accompanied by any required federal, state, or local agency licenses or applications for such licenses.
(7)
Applications to place multiple towers upon a single parcel shall require credible evidence that collocation on a single tower is not practical. Any application for multiple towers shall require a hearing before the Planning Commission and Board of Supervisors.
(8)
Towers shall be self-supporting monopoles or nonguyed lattice towers except where satisfactory evidence is submitted to the Planning Commission that a guyed tower is required.
(9)
Towers shall meet the minimum standards of matte nonbuffed or nonreflective type finish or stealth structure.
(10)
For new towers the County will have the option of collocating public safety communications equipment and antennas on this site for future growth and upgrade of the radio system, including law enforcement communications.
E.
Prohibitions/Limitations.
(1)
Temporary mobile communications sites and equipment may be permitted on a case-by-case analysis by the Board of Supervisors and shall be limited to 90 days unless authorization is extended in writing by the Zoning Administrator.
(2)
No advertising message/sign shall be affixed to any tower or antenna.
(3)
Towers shall not be artificially illuminated unless required by FCC or FAA regulations.
(4)
No part of any tower or antenna except for guy wires and anchors shall extend beyond the fenced enclosure required under § 125-30.3G(6).
(5)
No tower shall exceed 199 feet in height unless determined by the governing body that a larger tower is more preferable.
(6)
Each tower should allow for a minimum of seven collocations.
F.
District requirements. Wireless communications facilities shall be allowed in the following districts and subject to the limitations set forth in this section. Current § 125-13H of the Zoning Ordinance, Code of Page County, is hereby repealed.
(1)
Park-Recreation (§ 125-8E), Woodland-Conservation [§ 125-9D(7)], Agricultural [§ 125-10D(10)], Commercial [§ 125-12D(10)], Industrial (§ 125-13H).
(b)
The following are permitted with a special use permit issued under this section and §§ 125-8E, 125-9D(7), 125-10D(10), 125-12D(10) and 125-13:
G.
Performance standards.
(1)
General. Except as provided in this section, all wireless communications facilities shall meet the requirements of the zoning district in which they are to be located.
[Amended 7-17-2023]
(2)
Setbacks and separation.
[Amended 7-17-2023]
(a)
Tower structures shall be set back from the property line a distance equal to the height of the tower. The setback may be reduced to 1/10 the height of the tower if the applicant submits a report stamped by a professional engineer registered in the State of Virginia that certifies that the tower is designed to collapse upon failure within the distance from the tower to the property line and the reduced setback is approved by the Board of Supervisors.
(b)
Towers shall not be located within 500 feet of any residence other than the residence(s) on the parcel on which the tower is to be located.
(3)
Collocation/Sharing of facilities.
(a)
No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant's proposed antenna. Supporting evidence may consist of any of the following conditions:
[1]
No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.
[2]
Existing towers or structures are not of sufficient height and/or strength to meet the applicant's engineering requirements.
[3]
The applicant's proposed system would cause electromagnetic or radio frequency interference with the existing system, or the existing system would interfere with the applicant's proposed system.
[4]
The fees, cost, or contractual provisions required by the owner to share an existing tower or structure, or to adapt an existing tower or structure for sharing, are unreasonable. Fees, costs, and contractual provisions are considered reasonable if they conform to the current standards of the industry and to the local Page County market and do not exceed the construction and leasing cost of new tower development.
[5]
The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable.
(b)
The holder of a permit for a tower shall allow collocation for at least seven additional users and shall not make access to the tower and tower site for the additional users economically unfeasible. If additional user(s) demonstrate (through an independent arbitrator or other pertinent means, with the cost to be shared by the holder of the permit and the proposed additional user) that the holder of a tower permit has made access to such tower and tower site economically unfeasible, then the permit shall become null and void.
(4)
Screening and landscaping. The tower location shall provide for the maximum amount of screening of the facilities. The site shall be landscaped and maintained with a buffer of plant materials that effectively screens the view of all tower accessory structures, equipment and improvements at ground level from adjacent properties. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the area where tower accessory structures and equipment are located at ground level. It shall be the permit holder's responsibility to maintain the buffer area. In locations where visual impact of the tower would be minimal the landscaping requirement may be reduced or waived by the governing authority.
(5)
Camouflaged towers and related facilities are encouraged and may be required in historical, environmental or other sensitive areas as determined by the Planning Commission.
(6)
Security fencing, lighting, and signs.
(a)
All towers shall be reasonable protected against unauthorized access, such as with fencing.
(b)
Security lighting for on-ground facilities is permitted, as long as it is shielded to keep light within the site.
(c)
Signs shall be mounted on the fenced enclosure, on or adjacent to the gate prohibiting unauthorized entry, warning of the danger from electrical equipment and/or unauthorized climbing of the tower. It shall also identify the owner of the tower and a telephone contact number in case of emergency.
(7)
Parking and access. Adequate parking spaces shall be provided on each site so that parking on the public road right-of-way will not be necessary. Any new access shall require approval by the VDOT.
H.
Permit requirements.
(1)
The construction or installation of any wireless communications facilities requires a zoning permit or special use permit under this section.
(2)
Zoning permits. Uses and facilities permitted under this section may be authorized by the Zoning Administrator upon the submittal and approval of a properly completed application for a zoning permit.
(3)
Special use permits. Uses and facilities requiring a special use permit under this section may be authorized by the Planning Commission and Board of Supervisors upon the submittal and approval of a properly completed application and public hearing.
(4)
Applications. All applications for building and zoning permits for new wireless communications facilities shall include the following information:
(a)
A report stamped by a professional engineer registered in the State of Virginia and other professionals which:
[1]
Describes the tower height and design, including cross-section, elevation and foundation design.
[2]
Certifies the facility's compliance with structural and electrical standards.
[3]
Describes the tower's capacity, including the potential number and type of antennas it can accommodate.
[4]
Identifies the location of all sites that were considered as possible alternative to the proposed site.
[5]
Describes the lighting to be placed on the tower if required by the FCC or FAA.
[6]
Certifies that the applicant or tenant has a valid license from the FCC to operate the proposed facility and identifies the license holder.
[7]
Describes how the requirements and standards of this section will be met by the proposed facilities.
(5)
Each application shall include a facility plan. The County will maintain an inventory of all new wireless communications site installations. All providers will provide the following information in each plan. The plan must be updated with each submittal as necessary.
(a)
Written description of the type of consumer services each provider will provide to its customers (cellular, PCS, paging or other anticipated wireless communications services).
(b)
Provide a list of all existing sites, existing sites to be upgraded or replaced, and proposed sites within the County for these services to be provided by the provider.
(c)
Provide a map of the County, which shows the geographic service areas of the existing and proposed sites.
(6)
Landowner acknowledgment: written acknowledgment by the landowner of a leased site that he/she will abide by all applicable terms and conditions of the zoning or special use permit, including the restoration and reclamation requirements of this section. Such acknowledgment shall be applicable to all future landowners.
(7)
Additional information and analysis.
(a)
The Planning Commission or Board of Supervisors may, at its discretion, reasonably require visual impact demonstrations, including mockups and/or photo montages, screening plans, network maps, alternate site analysis, lists of other nearby wireless communications facilities, or facility design alternatives for the proposed facilities.
(b)
The Planning Commission or Board of Supervisors may employ, on behalf of the County, an independent technical expert with sufficient credentials and qualifications to review technical materials submitted by the applicant or prepare any technical materials required but not submitted by the applicant. The applicant shall pay the reasonable costs of such review and/or independent analysis.
(8)
A zoning permit for a telecommunications facility shall expire 12 months after issuance if the tower and/or supporting facilities have not been erected. An extension of time, not to exceed six months per request, may be granted by the Zoning Administrator or his/her designee due to unforeseen or extenuating circumstances. No fee will be charged for an extension.
(9)
If the application for zoning and building permit is approved, the applicant must certify that a detailed engineering soils report has been completed and the design of the tower foundation is based on that report.
I.
Transferability. Permits issued under this section shall be transferable, and all subsequent holders of such permits shall be subject to all applicable requirements of this section and any permit conditions that may exist. Written notice shall be made to the Zoning Administrator within 30 days of such transfer.
J.
Severability. If a court of competent jurisdiction adjudges any portion of this section invalid, the remainder of this section shall not be affected.
K. ALTERNATIVE SUPPORT STRUCTURE ANS/TIA/EIA ANTENNA APPLICANT CAMOUFLAGED TOWER CARRIER COLLOCATION FAA FCC GUYED TOWER HEIGHT MONOPOLE NONCONFORMING PLATFORM PROVIDER SATELLITE DISH TELECOMMUNICATIONS FACILITY TOWER TOWER ACCESSORY STRUCTURE WIRELESS COMMUNICATION/TELECOMMUNICATIONS
Definitions. As used in this section, the following terms shall have the meanings indicated:
Clock towers, steeples, silos, light poles, water towers, electric transmission towers, buildings or similar structures that may support telecommunications facilities.
American National Standard/Telecommunication Industry Association/Electronic Industrial Association.
Any device or equipment used for the radiation or gathering of electromagnetic waves, which may include omnidirectional antenna (rod), directional antenna (panel) or parabolic antenna (dish), but excludes satellite antennas with diameters of two feet or less.
Any person, carrier/provider, firm, partnership, or company who or which files an application for any permit required by this section for the construction, replacement, or alteration of the wireless telecommunications facility or any component thereof.
Any telecommunications tower that due to design or appearance blends the tower into the surrounding environment; hiding, obscuring, or otherwise concealing the presence of the tower and antennas.
Companies licensed by the FCC to build personal wireless telecommunications facilities and operate personal wireless telecommunications services. Also called "provider."
The location of more than one antenna or set of antennas of more than one government or commercial wireless communications service provider on the same tower structure.
Federal Aviation Administration.
Federal Communications Commission.
A telecommunications tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.
The distance measured from ground level to the highest point on any tower or structure, including any antenna.
A telecommunications tower or a single-pole design, with no other means of support besides the superstructure of the tower itself.
Any telecommunications facility that was in existence prior to the adoption of this section and that has not been issued a special exception permit or was issued a special exception permit prior to the adoption date of this section.
A support system that may be used to connect antennas and antenna arrays to telecommunications towers or alternative support structures.
See "carrier."
A device incorporating a reflective surface that is solid, open mesh, or bar configured that is a shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as "satellite earth stations," "TVRO's" and "satellite microwave antennas."
A facility, site, or location that contains one or more antennas, towers, alternative support structures, satellite dish antennas, other similar devices, and support equipment which is used for transmitting, receiving, or relaying telecommunications signals, excluding exempted facilities.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas (or is itself an antenna), including guy towers, monopole towers and self-supporting lattice towers and any support.
Any structure located at the base of a tower for housing base receiving/transmitting equipment.
Any personal wireless services as defined in the Federal Telecommunications Act of 1996, including FCC-licensed commercial wireless telecommunications services such as cellular, personal communications services (PCS), specialized mobile communications (GSM), paging and similar services that currently exist or may be developed.
§ 125-30.4 Portable or commercial sawmills, chipping mills, or shaving mills.
[Added 6-10-2003]
A.
Portable or commercial sawmills, chipping mills, or shaving mills as defined in § 125-4 shall be subject to the following application and design requirements. These requirements shall supplement the applicable general zoning district regulations stated in Article IV of this chapter and the standards and procedures for special use permits stated in § 125-54 of this chapter.
B.
Each portable or commercial sawmill, chipping mill, or shaving mill shall be subject to the following:
(1)
No structure and no storage of lumber, logs, chips, or timber shall be located closer than 100 feet to any lot line.
(2)
No saw, planer, chipper, conveyor, chute, or other like machinery shall be located closer than 200 feet to any dwelling on other property in the area.
(3)
No sawing, planing, chipping, or other operation, or other processing machinery shall be conducted between 7:00 p.m. and 7:00 am. No loading or unloading or processing of wood products shall occur between 12:00 midnight and 7:00 a.m.
(4)
All timbering and milling operations, including reforestation or restoration and disposal of timber stumps, sawdust, and other debris, shall be conducted in accordance with Title 10.1 of the Virginia Code and the regulation of the Virginia Department of Forestry.
C.
A special use permit shall be required for the operation of any sawmill, chipping mill, or shaving mill existing at the date of enactment of this section in an Agricultural District or Woodland Conservation District if, hereafter, timber is processed thereon other than timber cut from that real estate on which the mill is located or from real estate immediately contiguous or adjacent thereto.
§ 125-30.5 Age-restricted communities.
[Added 2-17-2009]
A.
Permitted uses. Notwithstanding any other provision of this chapter to the contrary, age-restricted communities shall consist of single-family detached and/or duplex residential dwelling units meeting the standards and requirements set forth in this section, and shall exclude townhouses and multifamily apartments. Secondary uses may include property management offices, recreational facilities, community centers and associated parking facilities, provided that such uses are for residents of the community and their invitees only.
B.
Water and sewer. The proposed development shall be served by public water and sewer systems.
C.
Access. Principal vehicular traffic access to the community shall be a minimum of two entrances on two separate exterior roadways.
D.
Area and bulk regulations. Age-restricted communities shall conform to all of the requirements as herein established:
Requirement | ||
Minimum gross area (acres) | 20 | |
Minimum lot size (square feet) | 10,000 | |
Minimum lot width at the building line (feet) | 50 | |
Building coverage of gross land area (percent) | 40% | |
Minimum front yard (feet) | 30 | |
Minimum side yard (feet) | 8 | |
Minimum rear yard (feet) | 25 | |
Maximum dwelling units per gross acre | 3 | |
The minimum width of any side yard abutting a street (feet) | 30 | |
Minimum common open space (not including parking, roads, or driveway areas) intended to provide light and air and designed for scenic, buffer, stormwater management, recreational and community purposes (percent of gross area) | 20% |
E.
The following shall also apply:
(1)
Age restrictions. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Amendments Act, or other applicable federal, state or local legal requirements, all single-family dwelling (age-restricted) communities shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, as that section may be amended, or a surviving spouse not so qualifying.
(a)
All other residents of any such dwelling must reside with a full-time resident who is 55 years of age or older, and must be a spouse, a cohabitant, an occupant's child, grandchild or ward 18 years of age or older, or must be one providing primary physical or economic support to the qualifying full-time resident. Notwithstanding this limitation, a person hired to provide live-in, long-term or terminal health care to a person who is 55 years of age or older for compensation may also occupy the dwelling during any time such person is actually providing such care.
(b)
Guests under the age of 55 are permitted for periods not to exceed 90 days total for each such guest in any calendar year.
(c)
If title to any lot or unit shall become vested in any person under the age of 55 by reason of descent, distribution, foreclosure or operation of law, the age restriction set forth herein shall not work a forfeiture or reversion of title, but rather such person thus taking title shall not be permitted to reside in such dwelling until he or she shall have attained the age of 55 or otherwise satisfies the requirements as set forth herein. The foregoing notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to that spouse's age.
(2)
Open space.
(a)
Usable open space devoted to recreational use as herein permitted shall be designed for use by residents of the community and shall be improved by the developer or assigns in accordance with final site plans.
(b)
Usable open space shall not include front and/or rear yards of an individual dwelling unit unless subject to an open space easement for that purpose.
(3)
Homeowners' association.
(a)
The developer shall establish a homeowners' association under Chapter 26 of Title 55 of the Code of Virginia (1950), as the same may be amended, supplemented or replaced from time to time ("association") prior to the sale of any lots.
(b)
In addition to any other rights and responsibilities included in the association's articles of incorporation, the association shall:
[1]
Manage all open space and recreational and cultural facilities, provide for the maintenance, administration and operation of all common land and community improvements within the planned community and secure adequate liability insurance with regard to such;
[2]
Monitor and enforce the age-restrictive covenants as provided in Subsection (E)(1) above.
§ 125-30.6 Child day centers; family day homes.
[Added 6-16-2009]
Child day centers, as defined, and family day homes with six or more unrelated children shall adhere to the following:
A.
Parking. One space shall be provided for every six children, plus one space per employee.
B.
No such use shall operate without the required license by the Virginia Department of Social Services. It shall be the responsibility of the owner/operator to transmit to the Zoning Administrator a copy of the original license. Failure to do so shall be deemed willful noncompliance with the provisions on this chapter.
C.
Periodic inspection of the premises shall be made by the Page County Building Official, at his or her discretion.
D.
These provisions are supplementary, and nothing stated herein shall be deemed to preclude application of the requirements of the Virginia Department of Social Services, Virginia Department of Health, Virginia State Fire Marshal or any other local, state or federal agency.
§ 125-30.7 Adult business regulations.
[Added 6-16-2009]
In addition to all other requirements, any adult business shall conform to the following requirements:
A.
The business shall be located at least 2,000 feet away from any residential zoning district and at least 2,000 feet from the property line of any land used for any of the following:
(1)
Residential;
(2)
A residential care facility;
(3)
A day-care center;
(4)
A public or private school;
(5)
A public park;
(6)
A community center;
(7)
A public or private library, museum or cultural center;
(8)
A place of worship or religious institution;
(9)
A hotel, motel, bed-and-breakfast, boardinghouse or tourist home; or
(10)
Any other adult business.
B.
Such uses shall not be permitted in shopping centers and/or multitenant buildings.
C.
Adult merchandise shall not be visible from any point outside the establishment.
D.
Signs or attention-getting devices for the business shall not contain any words or graphics depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in § 125-4 of this chapter.
E.
Adult merchandise shall be located in a conspicuously marked separate room or other area inaccessible to persons under 18 years of age. If access to the establishment is limited to persons at least 18 years of age, the requirements of this subsection shall be deemed satisfied.
F.
Hours of operation shall be limited to between 9:00 a.m. and 12:00 midnight.
§ 125-30.8 Wind energy systems.
[Added 10-20-2009[
A.
Wind energy test equipment is allowed to be placed on a parcel of land for no longer than a thirteen-month period.
B.
Setbacks. The system shall be set back a distance equal to the height of the tower plus the blade length from all adjacent property lines. No part of the system, including guy wire anchors, may extend closer than 15 feet to the property boundaries of the property.
C.
Height. The tower height shall not exceed a maximum height of 65 feet on a parcel of less than five acres, or a maximum height of 80 feet on a parcel of five acres or more.
D.
Lighting. Wind turbines shall be lighted only if required by the Federal Aviation Administration.
E.
Signs. No signs, lettering, symbols, images or trademarks shall be placed on or affixed to any part of a wind energy system, other than as required by law and excepting those necessary to identify the owner, provide a twenty-four-hour emergency contact phone number, and warn of any danger. The maximum size allowed shall be four square feet, which shall extend no higher than 10 feet.
F.
Proof of liability insurance. The applicant shall be required to provide evidence of liability insurance in an amount and for a duration sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility, whether or not the applicant is participating in the net metering program.
G.
Sound levels. Wind energy systems shall not exceed 60 decibels, as measured at the closest property line. The level, however, may be exceeded during short-term events, such as utility outages and/or severe windstorms.
H.
Shadow/flicker. Wind energy systems shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses through either siting or mitigation.
I.
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility and which is otherwise prescribed by applicable laws, regulations and ordinances.
J.
Construction to prevent interference. The wind energy system generators and alternators should be constructed so as to prevent the emission of radio and television signals and shall comply with the provisions of Section 47 of the Federal Code of Regulations, Part 15 and subsequent revisions governing said emissions.
K.
Visual appearance of the tower. Wind energy towers shall maintain a galvanized steel finish, unless FAA standards require otherwise, or if the owner is attempting to conform the tower to the surrounding environment and architecture, in which case it may be painted to reduce visual obtrusiveness. Monopole towers are the preferred type of support for the wind facilities.
L.
Facility conditions. The applicant shall maintain the wind facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and site access.
M.
Clearance. The minimum distance between the ground and any protruding blades utilized on a wind energy system shall be 15 feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall be 10 feet above the height of any structure within 150 feet of the base.
N.
Utility notification. No wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnect customer-owned generator. Off-grid systems shall be exempt from this requirement.
O.
Removal of defective or abandoned wind energy systems. Any wind energy system found to be unsafe by the Building Official shall be repaired by the owner to meet federal, state, and local safety standards or removed within 150 days. Any wind energy system that has reached the end of its useful life or has been abandoned or not operated for a continuous period of 24 months shall be removed (including wind turbines, buildings, cabling, electrical components, roads, etc.) within 150 days of receipt of notice from the County. If a wind turbine has been removed, the site shall be stabilized or revegetated to minimize erosion.
§ 125-30.9 Cemeteries.
[Added 5-17-2011]
A.
Purpose. Because there are citizens of Page County who desire to maintain the remains of their loved ones on their own property, it is a public benefit to provide a method to create and document the location of each family/private burial ground.
B.
Regulations.
(1)
The owner of the lot or parcel of land must submit an application for a family/private burial ground.
(2)
The owner will stake the corners of the proposed site to prepare for a visit by County personnel.
(3)
The property owner shall record the approximate burial site on the County land records within 90 days and the County will establish a GPS location.
(4)
A site diagram will be required including the location of property boundaries, water supplies, residential structures, and the burial area.
(5)
A copy of the process for appeal will be provided if an application is denied.
(6)
All proposed family/burial grounds shall meet the following setback requirements:
(a)
No family burial ground shall be established within 50 feet of a boundary of any lot or parcel nor within 70 feet of any dwelling structure (residence).
(b)
No family burial ground shall be established within 50 feet of a public road, right-of-way, nor within five feet of a nonresidential structure.
(c)
No family burial ground shall be established within 100 feet of any existing drinking water source or within 100 feet of the high-water mark of any spring, stream, lake, reservoir, or other source of water.
(d)
No family burial ground shall be established within 300 yards of any property owned by any town or water company upon which is located a water source from which water is pumped or drawn from the ground in connection with a public water supply.
(7)
Access. Access to burial grounds in Page County will be governed by State Code § 57-27.1, set forth:
(a)
Owners of private property on which a cemetery or graves are located shall have a duty to allow ingress and egress to the cemetery or graves by (i) family members and descendants of deceased persons buried there; (ii) any cemetery plot owner; and (iii) any person engaging in genealogy research, who has given reasonable notice to the owner of record or to the occupant of the property or both. The landowner may designate the frequency of access, hours and duration of the access and the access route if no traditional access route is obviously visible by a view of the property. The landowner, in the absence of gross negligence or willful misconduct, shall be immune from liability in any civil suit, claim, action, or cause of action arising out of the access granted pursuant to this section.
(b)
The right of ingress and egress granted to persons specified in subsection A shall be reasonable and limited to the purposes of visiting graves, maintaining the gravesite or cemetery, or conducting genealogy research. The right of ingress and egress shall not be construed to provide a right to operate motor vehicles on the property for the purpose of accessing a cemetery or gravesite unless there is a road or adequate right-of-way that permits access by a motor vehicle and the owner has given written permission to use the road or right-of-way of necessity.
(c)
Any person entering onto private property to access a gravesite or cemetery shall be responsible for conducting himself in a manner that does not damage the private lands, the cemetery or gravesites and shall be liable to the owner of the property for any damage caused as a result of his access.
§ 125-30.10 Animal husbandry/commercial kennel operation.
[Added 10-18-2016]
A.
Any buildings, runs, or containment areas associated with an animal husbandry/commercial kennel operation shall meet the following setbacks:
(1)
One hundred fifty feet from property line, reducible to 75 feet if notarized consent is obtained from the affected adjoining landowner and submitted as a part of the permit package.
(2)
Three hundred feet to any dwelling on adjoining property, reducible if the affected adjoining landowner gives notarized consent which must state the agreed upon distance of any buildings, runs, or containment areas shall be from the residence.
(3)
One hundred feet from any public road. This setback is not reducible.
B.
The owner of the kennel or operation shall submit a plan for waste disposal which meets the County's approval, in the County's sole discretion. The plan shall show how wastewater from the wash down of the kennels is to be collected and the type of disposal proposed.
C.
All dogs in a commercial kennel operation shall be housed in a fully enclosed building from 9:00 p.m. to 6:00 a.m.
§ 125-30.11 Auto repair service facility.
[Added 10-18-2016]
A.
Auto repair service facility includes a commercial garage and an auto body shop.
B.
They shall be screened from view of any adjacent residential district or residential use on an adjacent lot by means of a combination of evergreen landscaping and/or solid fencing with a minimum height of six feet and with the landscaping located nearest the affected lot.
C.
Auto repair service facility shall be located on a lot or parcel adjacent to and have access to a state-maintained road.
D.
The owner of the operation shall submit plan which meets the County's approval, in the County's sole discretion, stating how the environment will not be degraded by the following aspects:
E.
All associated materials for the operation of the garage at the particular site indicated in the application.
F.
A sketch of the parcel showing all of the following information:
(1)
The location of the facility.
(2)
All other buildings (house, outbuildings, storage buildings and similar structurers).
(3)
Proposed and existing parking areas and spaces.
(4)
Septic tank and drain field location.
(5)
Well location.
(6)
All other prominent features of the property.
(7)
Setback distances between all the features above shall be shown in feet.
§ 125-30.12 Event venue.
[Added 10-18-2016; amended 7-21-2025]
A.
Event venues shall only be permitted in the Woodland-Conservation (W-C) District, the Agricultural (A-1) District, and the Commercial (C-1) District. A special use permit is required for event venues in the Woodland-Conservation (W-C) District and the Agricultural (A-1) District. Event venues shall be allowed by right in the Commercial Zoning District.
B.
Application requirements. The application shall contain:
(1)
The name and address of the person applying to be the permit holder, and a designation of whether that person is the owner and/or the intended operator of the event venue. If the applicant is not the owner, or the intended operator, the applicant shall provide the name and address of the owner and/or the intended operator. Proof of land ownership and/or a copy of any lease agreement shall be provided with the application.
(2)
A narrative setting forth the intended use of the project, a management plan showing the proposed maximum number of guests, a description of how the proposed venue will be managed, and how the impact on neighboring properties will be minimized. A copy of the proposed venue rules shall be included.
(3)
A site plan, at a minimum scale of one inch to 100 feet, for the proposed event venue which shall include:
(a)
The proposed location, boundary, and dimensions of the venue.
(b)
The location and dimensions of all existing and proposed buildings and/or structures. Proposed setbacks from all buildings and/or structures to property lines and other buildings and/or shall be clearly indicated.
(c)
The proposed source of the water supply and location of sewage disposal system.
(d)
The proposed location and dimensions of all parking areas. This must include a clear delineation of the ingress and egress lanes, specifying width and directional flow. The proposed minimum number of parking spots to be located in each parking area must be labeled on the site plan.
(e)
The location and labeling of existing and proposed surface water features, existing and proposed landscaped areas, and existing and proposed fencing.
(4)
Such other pertinent information as the Page County Zoning Administrator may deem necessary.
C.
Permit approval. Before any permit is issued for construction of, alterations to, or additions to any event venue, the plans and specifications shall first be approved by the County Planning and Community Development Office, the Virginia Department of Transportation (VDOT), the Office of Emergency Services, and the Page County Health Department, taking into account the health, safety, and welfare of the public, all of the provisions as set out herein, as well as such special conditions as may be imposed by the Board of Supervisors, and provided further that said plans and specifications are in accordance with state regulations.
D.
Minimum standards for event venues.
(1)
In the Agricultural (A-1) and Woodland-Conservation District (W-C) districts, the subject parcel or parcels shall be no less than 15 contiguous acres in area.
(2)
The minimum setbacks from property lines and dwellings on adjacent properties shall follow the standards in Table 1, below. Screening may be included within the setback area.
Table 1: Setback Standards of Event Venues | ||
|---|---|---|
Minimum Setbacks for Event Venues in Agriculture (A-1) or Woodland Conservation (W-C) Zoning Districts | ||
From Adjacent Property Lines | From Dwellings on Adjacent Parcels | |
Event buildings and/or structures | 100 feet | 200 feet |
Parking areas | 50 feet | 100 feet |
Minimum Setbacks for Event Venues in Commercial (C-1) Zoning District | |||
|---|---|---|---|
From Adjacent Property Lines Zoned Commercial (C-1) or Industrial (I-1) | From Adjacent Property Lines Zoned Agricultural (A-1) or Woodland Conservation (W-C) | From Property Lines Zoned Residential (R) and Dwellings on Adjacent Parcels | |
Event buildings and/or structures | Setbacks for District Standards for Commercial (C-1) | 100 feet | 200 feet |
Parking areas | 50 feet | 100 feet | |
(3)
To ensure the health, safety, and welfare of the public, a building is required.
(4)
Permanent restroom facilities with approved water source and sewage disposal system are required. No porta-potties or temporary mobile restroom trailers shall be permitted except during construction. In the case of an emergency due to inoperable restroom facilities, the use of porta-potties or temporary mobile restroom trailers may be permitted as determined by the Zoning Administrator.
(5)
No temporary overnight accommodations such as tents and/or camping units shall be allowed.
(6)
The preservation of existing healthy regionally native species should be prioritized. Use of regionally native trees, shrubs and ground covers is strongly encouraged. Landscaped areas in proximity of ponds, streams or the Shenandoah River should receive particular consideration to protect water quality and wildlife habitat.
(7)
Any lighting that is provided shall be full cutoff light fixtures directed downwards, so as to minimize glare onto adjoining properties, the night sky, or roads.
(8)
Any outdoor fires shall be enclosed by a fire ring consisting of a durable, nonflammable material at least eight inches in height. The event venue operator shall provide firewood which must be kiln-Dried or otherwise originate from Page County. All firewood must remain on-site.
(9)
Perimeter fencing is desired, especially adjacent to roadways or adjacent parcels with dwellings. In the Agricultural (A-1) and Woodland-Conservation (W-C) Districts, all areas inaccessible to guests must be clearly marked, and no-trespassing signs shall be posted every 50 feet along the perimeter of the venue. Signs shall be placed on posts and not on trees, in order to prevent damage to trees along the property line.
(10)
A proper method of waste and trash disposal is required. The location of waste and trash containers shall be made available for guests, shall clearly be identified on-site and orderly maintained, and be constructed in a manner that is animalproof. It shall be the responsibility of the owner/operator to dispose of all waste and trash off-site at a sanitary landfill permitted by the Department of Environmental Quality. If the owner/operator utilizes a contracted service for disposal, they shall inform the County and provide a copy of such contract to the Zoning Administrator. Recycling is encouraged.
(11)
Event venues must have direct access to a state-maintained road or a fifty-foot right-of-way access to a state-maintained road. All entrances and exits onto state-maintained roads must be approved by VDOT.
(12)
The required parking area(s) shall be capable of accommodating one parking space for every two guests, operator, employee, and contracted person. Individual parking spaces must be a minimum of nine feet in width and 20 feet in length. Internal lanes must be a minimum of 12 feet in width for one-way traffic and 24 feet for two-way traffic. No parking for the event venue shall be permitted outside of designated parking areas.
E.
Special use permit requirements. In addition to requirements listed herein, the special use permit shall also consider the following on a site-by-site basis:
(1)
Length of time the special use permit will remain with property.
(2)
Maximum number of guests allowed per event.
(3)
Maximum number of events per calendar year.
(4)
Hours of operation. Hours described in Chapter 81 of the County Code regarding noise may be used as a reference.
(5)
Accessibility of emergency services.
(6)
Fencing, landscaping and buffer requirements.
(7)
Impact of traffic on neighborhood, nearby residences, and mitigation thereof.
(8)
The need for an on-site operator providing full-time management during the events.
(9)
The use of aerial fireworks is prohibited. The use of non-aerial fireworks is discouraged. Any allowance of fireworks shall have conditions regarding their use, including the designated areas they may be used and any appropriate fire control measures.
(10)
Additional standards to ensure the preservation of the rural character of the surrounding environment.
§ 125-30.13 Commercial outdoor recreation areas and facilities.
[Added 10-18-2016]
Outdoor commercial recreation area and facilities, such as parks (except amusement parks) shall be subject to the following conditions:
A.
No building or part thereof or any parking or loading area shall be located within 35 feet of any street or lot line.
B.
Such use shall occupy a lot with an area of not less than three acres.
C.
Exterior lighting, other than that essential for the safety and security shall be prohibited. All exterior lighting shall be shielded from the view of all surrounding streets and lots. Full light cutoff shall be required except as needed for safety and security.
D.
All events shall be scheduled so as to complete all activity before or as near to 11:00 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude an event that was reasonably scheduled to conclude prior to 11:00 p.m.
E.
A commercial outdoor recreation facility shall provide a design plan. The design plan shall include the lighting requirements for each sports field, the specifications and technical measures showing how those requirements will be achieved.
F.
All lighting and sound producing or amplifying devices shall be downward and inward facing.
§ 125-30.14 Greenhouse retail sales.
[Added 10-18-2016]
A.
Companion products include garden accessories, floral supplies, and other items directly related to culture, care, or use of, horticultural products. Companion products do not include lawn mowers, garden tractors, farm machinery and equipment (except hand tools) building materials, furniture, or other like items.
B.
Hours of operation shall be from 6:00 a.m. to 9:00 p.m.
§ 125-30.15 Farm implement sales.
[Added 10-18-2016]
A.
Only agricultural machinery and equipment shall be rented, sold, maintained or repaired.
B.
Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.
C.
Public access shall not be provided by a private right-of-way.
D.
No structure shall be located closer than 50 feet to any lot line and no closer than 300 feet from any residence.
§ 125-30.16 Metal-working and welding facility.
§ 125-30.17 Restaurant, general.
§ 125-30.18 Riding stables or academies.
[Added 10-18-2016; amended 5-15-2023]
A.
Each riding stable or academy shall be set back a minimum of 150 feet from property lines and a minimum of 100 feet from the travel surface of public roadways.
B.
The owner of the stable shall submit as part of the application a plan for waste disposal, parking, and any planned activities and events.
§ 125-30.19 Self-storage facilities.
[Added 10-18-2016; amended 7-17-2023]
A.
No commercial activities of any kind shall occur within the facility other than rental of storage units. No repair of vehicles, furniture, or other materials or equipment shall occur within the facility. Signs shall be posted within the facility describing such limitations.
B.
No storage of hazardous, toxic or explosive materials shall occur in the self-storage facility. Signs shall be posted within the facility describing such limitations.
C.
The maximum size of any individual storage space or unit in a self-storage facility shall be 500 square feet.
D.
In the Agriculture Zoning District, fencing, screening, and security may be required for all facilities. Additional conditions may also be required as part of the special use permit review process.
E.
Self-storage facilities shall not include portable storage containers, shipping containers and/or tractor trailers.
§ 125-30.20 Shooting range, outdoor.
[Added 10-18-2016]
A.
The minimum size of the use area shall be five acres, which the drop zone contained fully within this use area.
B.
No structure used for or in conjunction with the use shall be located closer than 100 feet to any property line.
C.
No outdoor shooting activity shall be located closer than 300 feet to any property line.
D.
Hours of operation shall be limited to 9:00 a.m. to 6:00 p.m.
§ 125-30.21 Short-term tourist rentals.
[Added 8-1-2017]
All short-term tourist rentals, except approved nonconforming ones, shall be subject to the following conditions, which conditions shall be approved by the Zoning Administrator, or waived by the Zoning Administrator, in the Zoning Administrator's sole discretion, and which conditions the Zoning Administrator shall have the authority to enforce, in addition to any other enforcement mechanism in this Code:
A.
The owner(s) of any dwelling shall apply for a Page County business license prior to using the dwelling as a short-term tourist rental.
B.
Prior to using the dwelling as a short-term tourist rental, a property management plan demonstrating how the short-term tourist rental will be managed and how the impact on neighboring properties will be minimized shall be submitted for review and approval by the Zoning Administrator. The plan shall include local points of contact available to respond immediately to complaints, clean up garbage, manage unruly tenants and utility issues, etc. It shall also be posted in a visible location in the short-term tourist rental. The contact numbers shall be provided to County staff, public safety officials and, if applicable, the HOA/POA of the subdivision. Information will be clearly posted in the house, and clear boundaries of the property will be shown. The plan must be provided as part of the rental contract.
C.
Maximum number of occupants shall be determined by the Page County Health Department and occupancy shall be limited to the number of people set forth by the permit issued.
D.
Parking for the short-term tourist rental shall be located in driveways or other designated and approved parking areas. The parking of vehicles is prohibited from blocking the road or rights-of-way of through traffic. Upon application of a business license, if the short-term tourist rental entrance is off of a state-maintained road, the Virginia Department of Transportation will need to evaluate the entrance to ensure compliance with its minimum standards.
E.
Upon new application or new owners of a business license, the Page County Building Official or their technical assistant must do a life safety inspection of the short-term tourist rental. A fire extinguisher (Type 2A:10B:C) shall be provided and visible in all kitchen and cooking areas; smoke detectors shall be installed in all locations as identified in the Uniform Statewide Building Code; a carbon monoxide detector must be installed on each floor if there is a fuel-fired appliance; and any other requirements as prescribed by the Virginia Code (Uniform Statewide Building Code).
F.
Failure to comply with these supplemental regulations will result in violation of the Page County Zoning Ordinance.
§ 125-30.22 Residential farms.
[Added 4-18-2022]
A.
Keeping of livestock, poultry and apiaries accessory to a principal dwelling shall be permitted, subject to the following minimum requirements for the numbers and types of animals permitted:
(1)
On parcels with an area less than six acres: Keeping of a collective maximum of 0.5 animal unit per acre shall be permitted; provided, however, that the vegetative cover is not overgrazed or otherwise disturbed so as to cause, or threaten to cause, erosion; and provided further that animal waste is properly managed to prevent off-site migration of waste or waste by-products.
(2)
On parcels with an area greater than, or equal to, six acres: Keeping of a collective maximum of one animal unit per acre shall be permitted; provided, however, that the vegetative cover is not over-grazed or otherwise disturbed so as to cause, or threaten to cause, erosion and provided further that animal waste is properly managed to prevent off-site migration of waste or waste byproducts.
(3)
In addition to the animal units permitted by Subsection A(1) and (2) above, temporary keeping of livestock as an educational project approved and sponsored by a youth organization shall be permitted, subject to the requirements of Subsection B and the following:
(a)
The temporary livestock project must be approved by a bona fide educational or agricultural association for youths, such as the 4-H Livestock Club, Future Farmers of America (FFA) or similar organizations.
(b)
The Zoning Administrator may require verification that any temporary livestock project to be conducted in accordance with this section has been approved and is sponsored by a bona fide educational or agricultural association for youths.
B.
Keeping of livestock, poultry, and apiaries as permitted in this section shall meet the following minimum standards:
(1)
Setbacks. All enclosures and structures and areas associated with the keeping of animals shall be located in the rear yard, and all enclosures, structures and areas associated with the keeping of animals shall be set back a minimum of 15 feet from all property lines and a minimum of 25 feet from any well, surface waters, stormwater management facilities, drop inlets, ditches, and other storm drainage.
(2)
Fencing. Fencing for animal enclosures shall be installed and maintained in accordance with Virginia Code § 55.1-2804, as amended.
(3)
Best Management Practices. The property owner shall employ livestock and poultry keeping best management practices for appropriate pasture and any enclosure maintenance, animal feeding, housing and waste, and odor management and reduction in the propagation of insects. This shall not be meant to imply a requirement to eliminate all odors from keeping of livestock or poultry.
(4)
Notwithstanding the acreage available for agricultural use, the number of animal units allowed shall be limited by the owner's ability to meet the following standards:
(5)
No on-site slaughtering of livestock or poultry shall be permitted, except for occasional personal use.
(6)
Beekeeping/Apiaries. Honeybees must be acquired and beehives constructed and maintained in accordance with Title 3.2, Chapter 44, as amended, of the Code of Virginia, as determined by the State Apiarist. No beehive shall be constructed or maintained within 30 feet of any property line. No more than five beehives per acre shall be permitted, with a maximum of 15 beehives per residential lot or parcel.
§ 125-30.23 Quarry operations.
[Added 7-15-2024]
A.
Quarry operations as defined in § 125-4 shall be subject to the following application and design requirements. These requirements shall supplement the applicable general zoning district regulations stated in Article IV of this chapter and the standards and procedures for special use permits stated in § 125-54 of this chapter.
B.
Quarry operations may include on-site sale of material quarried on-site and storage of equipment used at that quarry operation as an accessory use.
C.
Quarry operations are only permitted in the Agricultural (A-1) District, Woodland-Conservation (W-C) District, and Industrial (I-1) District. A special use permit is required. The special use permit application must include:
(1)
The name and address of the person applying to be the permit holder, and a designation of whether that person is the owner or the intended operator of the quarry operation. Proof of land ownership and/or lease is required.
(2)
A narrative which describes the history of each of the owner's, and proposed quarry operator's, experience. This shall include, but not necessarily be limited to: a list of all quarry operations or similar operations currently owned or being operated; all quarry operations previously owned or operated; a description of any and all legal challenges, claims, or regulatory violations in which the owner, applicant, or operator was named or identified; and the name of any proposed entity under which the operation intends to operate, including the name and identity of each individual or other legal entity holding an ownership interest in the proposed entity.
(3)
A property management plan setting forth: 1) how the proposed quarry will be developed, including the proposed stages of development; 2) the operations management plan; and 3) a plan setting forth how the impact on neighboring properties and roadways will be minimized. The applicant must send certified letters to all adjoining property owners, informing them of the proposed use and seeking feedback on concerns they may have. Evidence of these letters having been sent must be provided to the Zoning Administrator, who shall retain such records along with the property management plan. The applicant should sponsor a neighborhood meeting prior to the scheduled public hearing with the Planning Commission to give the community an opportunity to hear from the applicant and ask questions regarding the quarry operation.
(4)
An environmental impact study, including a baseline environmental assessment of air quality, water quality and availability, and soil conditions on and adjacent to the parcel where the proposed quarry operation will take place. Potential impacts on nearby ecosystems, natural processes, karst topography, water bodies, groundwater availability and quality, air quality, flora, fauna, aesthetics and human interest shall be noted in the study. The study shall also describe the cultural status of the property, including any features of historical, archaeological, or cultural significance.
(5)
A Virginia Department of Transportation (VDOT) traffic study.
(6)
A site plan, at a minimum scale of one inch to 200 feet, created by a licensed surveyor or engineer, for the proposed quarry operation, which shall include:
(a)
The proposed location and boundaries of all planned phases of the proposed operation with a metes and bounds description.
(b)
The proposed setbacks from the property line of the excavation area(s) and the processing and/or sale areas.
(c)
The proposed sources and location of water supply and existing or proposed bodies of water.
(d)
The proposed method and location of sewage disposal system.
(e)
The proposed location of waste containers and method of trash disposal.
(f)
The proposed description and location of all interior roads to include width and surface type.
(g)
The proposed location and dimensions of vehicle parking areas.
(h)
A description of the location of all existing and proposed buildings and/or structures, including but not limited to offices, service buildings, maintenance buildings, storage buildings, etc. Must also include location of any existing buildings or structures.
(7)
A landscaping plan for screening, fencing, and preserving/planting noninvasive trees to preserve the rural character of the surrounding area. This plan shall include:
(a)
A map which shows the proposed location and boundaries of the proposed excavation area(s) and the quarry processing and/or sale area, the setbacks, and all landscaped areas, including the location and description of the types and proposed spacing of vegetation.
(b)
A detailed description of existing and proposed vegetation, including tree, shrub, and groundcover species, as well as the dimensions of all proposed landscaped areas, screening, and berms.
(8)
A detailed description regarding the means of extraction which will be used to collect and remove stone, sand, or gravel, and whether that extraction will be on or below the existing surface level.
(9)
A detailed description regarding what means of processing will be used to process or refine the stone, sand, or gravel before the material is transported from the quarry operation site.
(10)
A plan detailing the operator's procedure to monitor for and prevent air overpressure (noise) and vibrations exceeding levels stipulated by relevant state agency regulations, including 4 VAC 25-40-890 and 4 VAC 25-40-880.
(11)
A plan for reclamation showing the property, in its entirety, returned to a state suitable for reuse for purposes permissible in the zoning district. The plan must include treatment of exposed soil or subsoil, including measures to be taken to replace topsoil and/or establish native vegetation in excavated areas, in order to make the property suitable for the proposed reuse, treatment of slopes to prevent erosion and delineation of floodways and floodplains to be maintained in open usage. The reclamation plan must be consistent with all state requirements.
(12)
Such other pertinent information as the Page County Zoning Administrator may deem necessary.
D.
Each quarry operation shall be subject to the following standards:
(1)
No structure, processing machinery, or storage of stone, sand, or gravel shall be located closer than 300 feet to any lot line except as necessary for the creation and maintenance of berms, as indicated in the landscaping plan required in § 125-30.23C(7).
(2)
No structure, processing machinery, or storage of stone, sand, or gravel shall be located closer than 500 feet to any dwelling on adjacent properties except as necessary for the creation and maintenance of berms, as indicated in the landscaping plan required in § 125-30.23C(7).
(3)
No structure, processing machinery, or storage of stone, sand, or gravel shall be located closer than 1,000 feet to any lot line of a parcel zoned Residential (R) or to any residence on an adjacent parcel at the time the application is submitted.
(4)
Extraction and processing activities may be conducted between the hours of 8:00 a.m. and 5:00 p.m. on Mondays through Fridays. Extraction and processing activities outside of these hours shall be considered as a condition of the SUP. Loading, unloading and sale of stone, sand, or gravel shall occur between the hours of 7:00 a.m. and 6:00 p.m. on Mondays through Fridays and between the hours 8:00 a.m. and 1:00 p.m. on Saturdays. No quarrying activities shall be conducted on Sundays.
(5)
The quarry operation must have direct access to a state-maintained highway or a fifty-foot right-of-way access to a state-maintained highway. All entrances and exits onto public roads shall, at a minimum, meet VDOT requirements.
(6)
Blasting vibrations shall not exceed the limits established by state agency regulations, including 4 VAC 25-40-880. Vibrations shall be monitored by calibrated seismographs as determined by appropriate state agencies and paid for entirely by the applicant/operator. All reports from seismographs must be supplied to the Zoning Administrator within one week of the reading, who will maintain digital records of these reports.
(7)
The peak overpressure (noise) from any blast shall not exceed the limits established by state agency regulations, including 4 VAC 25-40-880, which is 133 decibels, as measured with a 2 Hz or lower flat response microphone at any inhabited building not owned or leased by the operator. All equipment for measuring peak overpressure must be paid for by the operator, and the equipment must be properly calibrated. Any reports of levels exceeding these limits produced by any state agency must be supplied to the Zoning Administrator within one week of the operator receiving the report.
(8)
Stagnant pools of water, except as may be necessary for the purposes of stormwater management, shall be avoided and any such pools shall be eliminated by the operating company or individual.
(9)
To ensure sufficient screening, a greenbelt area of a minimum of 200 feet shall be included within the setback and shall be landscaped with regionally native and noninvasive plant materials consisting of an evergreen and deciduous mix (as approved by Page County), except to the extent that existing vegetation or natural landforms on the site provide such screening as determined by Page County. Trees shall be a minimum of six feet in height at time of planting and in staggered rows of 10 feet on center. In the event existing vegetation or landforms providing the screening are disturbed, new plantings shall be provided which accomplish the same. The effectiveness of screening shall be maintained as the plant materials mature. Unhealthy and dead plants shall be replaced within six months. Installation of appropriate native trees and shrubs is recommended in the green belt in accordance with the Virginia Department of Forestry guidelines for the agricultural cost-share Conservation Reserve Enhancement Program. Quarry operations located on the South Fork of the Shenandoah River and its tributaries will receive additional consideration for protecting water quality. The preservation of existing healthy regionally native species should be prioritized. Use of regionally native trees, shrubs and groundcovers is strongly encouraged. Landscaped areas in proximity of ponds, streams or the Shenandoah River should receive particular consideration to protect water quality and wildlife habitat.
(10)
Perimeter fencing is required for all areas of the quarry operation where topography does not already prevent unauthorized access to the operation. Future phases of the operation that have not yet started excavation need not be included in this perimeter fencing until operations begin in those sections, unless required by state regulations. A sign shall be posted every 25 feet which states "NO UNAUTHORIZED ACCESS" in a minimum size of two-inch letters. The signs shall be posted on the property line of the quarry operation.
(11)
The quarry operator will make every reasonable effort not to blast during periods of high wind, meaning winds of 20 miles per hour or over at its greatest gusts at the blast site, measured at a convenient point to be established by the Zoning Administrator, during periods of high humidity (28 millibars vapor pressure of absolute humidity), or other than between the hours of 9:00 a.m. and 5:00 p.m. on weekdays, except in the case of unavoidable emergency.
(12)
No blasting, as part of quarry operations, shall occur within five miles of the parcels in which Luray Caverns is located, or specifically Tax Map numbers 42A9-A-2, 42A2-A-1, and 42A2-A-2.
(13)
The applicant shall provide proof of adequate liability insurance for a quarry operation. The applicant shall provide proof of said liability insurance policy upon request by the County.
(14)
All quarry operations shall be conducted in accordance with Title 45.2 of the Virginia Code or other state and federal laws, as required.
(15)
All state and federal laws and regulations, as the same may from time to time be amended, regulating quarry operations, including the extraction and processing of valuable material from the ground surface or underground, shall be considered restrictions on the special use permit thus granted by Page County, Virginia. The quarry operator will be responsible, at his own expense, to provide the County Administrator of Page County or other designee directed to enforce the restrictions in the special use permit with copies (as from time to time amended) of all such laws and regulations within 30 days of the time that such changes come to the operator's attention.
E.
Criteria for considering special use permit. In addition to requirements listed above, the special use permit shall also include consideration of the following on a site-by-site basis:
(1)
The maximum size and location of extraction areas and overall operation area.
(2)
Impact of noise on nearby properties, and mitigation thereof, including adequate screening measures.
(3)
Impact of traffic on roads, and mitigation thereof.
(4)
Considerations regarding the means and timing of extraction and processing of material outside of the established hours of operation in § 125-30.23D(4) may be considered.
(5)
Consideration of dust and mud control during operations and transportation.
(6)
Accessibility to emergency services.
(7)
Aesthetic standards to ensure the preservation of the rural character of the surrounding area, including consideration of the viewshed from Shenandoah National Park overlooks.
(8)
Adequate measures to prevent intrusion upon the site by unauthorized persons, including but not limited to specific conditions regarding fencing requirements.
(9)
Additional vibration, air overpressure, well, or other monitoring which may be necessary given topography and proximity to properties, residential communities, surface water, and other environmentally sensitive features. Increased scrutiny is mandated for quarry operations that include karst topography.
F.
The Zoning Administrator shall perform an inspection of each quarry operation approved after adoption of this section at least once every three years and shall file a report of the findings to the Planning Commission within 30 days of the inspection. The report shall include a statement of whether the operation has complied with the standards and conditions of the special use permit and shall include any findings furnished by state or federal agencies. Upon a finding of material noncompliance with the terms of the permit, or upon violation of any other relevant regulation, zoning ordinance, or any other ordinances of the County of Page, Virginia, the Zoning Administrator may issue a notice of violation and seek revocation in accordance with the schedule set forth herein. However, prior to the revocation of any such permit, the Zoning Administrator shall notify the permit holder, in writing, of the material noncompliance or violation. The permit holder shall thereafter have 30 days to cure the material noncompliance or violation and shall submit a plan to prevent future noncompliance. The notice shall be deemed received when hand delivered to the permit holder, or when delivered by certified mail, return receipt requested, to the address of record of the permit holder. Four violations which have not been cured, as determined by the Zoning Administrator, within a twelve-month period shall result in revocation of the permit, notwithstanding the following schedule. The schedule of penalties is as follows:
(1)
First violation. A written warning detailing the offense shall be issued.
(2)
Second violation. The permit may be revoked for a period up to 30 calendar days, as determined appropriate by the Zoning Administrator, commencing on the date of notice by Page County.
(3)
Third violation. The permit may be revoked for a period up to 90 calendar days, as determined appropriate by the Zoning Administrator, commencing on the date of notice by Page County.
(4)
Fourth violation. The permit is subject to indefinite revocation, as determined appropriate by the Zoning Administrator, commencing on the date of notice by Page County.
§ 125-30.24 Catering facilities.
[Added 9-15-2025]
The following requirements apply to catering facilities:
A.
Catering facilities shall maintain a valid business license issued by Page County and any necessary permits issued by the Virginia Department of Health and/or Virginia Department of Agriculture and Consumer Services.
B.
If located inside a dwelling, catering facilities shall not change the character of the dwelling. Catering facilities shall not occupy more than 25% of the total floor area of the primary dwelling. Catering facilities are permitted in accessory structures or buildings. A site plan shall be required to include size of dwelling unit, accessory structure and sketch to scale of same, plus parking and driveway with dimensions referenced to property line. A small nameplate is permitted as a minor sign, as provided in § 125-20.
C.
No emission of noxious, toxic or corrosive gases or fumes injurious to persons, property or vegetation shall be permitted.
D.
No discharge is permitted into a reservoir, sewage or storm disposal system, stream, open body of water or into the ground of any materials in such a way or of such nature or temperature as could contaminate any water supply or damage or be detrimental to any sewage system or any sewage treatment plant or otherwise could cause the emission of dangerous objectionable elements.
E.
Solid waste shall be contained and disposed of in a manner which will not detract from the appearance of the property or general neighborhood.
§ 125-30.25 Mobile food vending operation.
[Added 9-15-2025]
To protect the health, safety and welfare of the citizens of the County, the following regulations shall apply to the permitting and operation of mobile food vending operations on public and private property within certain zoning districts of the County. These regulations shall not apply to the operation of food trucks operating in conjunction with a special event regulated by Chapter 55 of the County Code.
A.
Administration.
(1)
The operation of mobile food vending operations shall be permitted by administrative permit. Written application for a mobile food vending operation shall be made on permit forms provided by the Zoning Administrator, and the application packet shall include the following:
(a)
A copy of a valid business license issued by either the County of Page or another Virginia locality.
(b)
A copy of a valid permit issued by the Virginia Department of Health and/or Virginia Department of Agriculture and Consumer Services. A valid permit must be maintained for the duration of the permit.
(c)
Written documentation of the consent of the owner(s) of the property on which the mobile food vending operation will be operated.
(d)
A vending site plan or drawing, the width of the sidewalk, if applicable, or parking space utilized, dimensions and a photograph of the unit, a diagram of signage to be utilized, and a copy of the certificate of insurance.
(2)
A permit for a given location is valid for one year. An applicable fee shall be paid upon approval of the application, which amount is subject to change. At any time during the one-year period, the operator may amend an approved permit application to include additional vending locations by submitting written documentation to the Zoning Administrator of the consent of the owner(s) of the newly proposed property or properties along with a proposed vending site plan.
(3)
A mobile food vending operation permit may be revoked by the Zoning Administrator at any time due to the failure of the property owner or operator to observe all requirements for the operation of mobile food vending operations. Notice of revocation shall be made in writing to the address of record for the mobile food operation permit holder.
B.
General operational requirements. The following standards and conditions shall apply to mobile food vending operations:
(1)
Mobile food vending operations shall be an accessory use to an existing commercial activity, including but not limited to event venues and other similar uses. Mobile food vending operations shall not be an accessory use to short-term tourist rentals.
(2)
Mobile food vending operations may operate on either public or private property with written permission from the owner.
(3)
No items shall be sold other than food and beverages and souvenirs marketing the mobile food vending operation.
(4)
No speakers shall be used for amplified music outside of the vehicle.
(6)
The mobile food vending operation shall be positioned at least 15 feet away from fire hydrants, driveway entrances, travel lanes, handicapped parking spaces.
(7)
A service area shall be maintained for customers of the mobile food vending operation. Any picnic tables and service lines shall be limited to this area. Outdoor seating must have at least a five-foot separation between the seating and the parking lot and roads.
(8)
No mobile food vending operation shall be operated on the same property for more than three consecutive days.
(10)
Trash receptacles shall be provided, and all trash, refuse, or recyclables generated by the use shall be properly disposed of.
(11)
No liquid wastes shall be discharged from the mobile food vending operation.
(12)
No mobile food vending operation shall locate within 50 feet of the entrance to a business that sells food for consumption (determined by measuring from the edge of the mobile food vending operation to the main public entrance of the restaurant) unless permission of the restaurant owner is provided.
(13)
No mobile food vending operation shall locate within 100 feet of a dwelling unless written permission of the property owner is provided.