RURAL DISTRICTS
The rural area base zoning districts established in this article are intended to maintain the rural character of those areas of the county located outside village growth areas designated in the comprehensive plan, particularly those areas designated natural conservation areas, rural preservation areas, rural residential areas, and crossroads. More specifically, the rural area base zoning districts are intended to:
(1)
Encourage lands containing perennial stream corridors, floodplains, wetlands, and steep slopes to be left in a naturalized undisturbed state;
(2)
Preserve and protect the continued viability of active agricultural, horticultural, agri-business, and silvicultural activities important to the county's economy and the character of the county's rural areas;
(3)
Encourage agri-business and tourism uses such as equestrian centers and boarding facilities, boutique or unique agri-business, farmers' markets, retreat and training facilities, camps, heritage and rural tourism destinations, and bed and breakfast inns, and ensure they are compatible with the county's rural character;
(4)
Promote the use of conservation subdivisions as the preferred means of accommodating historic patterns of rural, low-density, residential development while preserving open space that defines the county's rural areas;
(5)
Ensure open spaces are designed to maximize preservation and protection of important natural, agricultural, and historic resources, to facilitate stormwater management and protect water quality, to maximize residents' exposure to open space, to maintain the visual character of scenic roads, and to promote rehabilitation of degraded habitats;
(6)
Maintain, support, and preserve the crossroad communities that have developed in the county's rural areas;
(7)
Preserve the unique character of historic resources;
(8)
Provide for public services and facilities needed to serve rural area farmers and residents and accommodate public land uses that complement the rural area's open space, agricultural uses, and low density residential development while protecting them from incompatible nonresidential development; and
(9)
Provide and maintain infrastructure at rural levels of service that are compatible with the character and needs of the county's rural area.
Nothing herein shall be deemed to allow dump heaps, as defined herein, therefore keeping or maintaining a dump heap shall be prohibited on property in all rural districts.
The rural area base districts established by this chapter are:
(Ord. No. O-2013-06, 9-16-13; Ord. No. O-2019-15, 3-25-19)
(Ord. No. O-2013-06, 9-16-13; Ord. No. 2014-23, 9-15-14; Ord. No. 2019-19, 6-24-19)
The following uses are allowable as principal uses by right in the A-20 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Animal production (other than an animal confinement facility);
(2)
Crop production;
(3)
Dairy (other than an animal confinement facility);
(4)
Forestry and logging;
(5)
Greenhouse, nursery, and floriculture production;
(6)
Agricultural support (direct);
(7)
Agricultural support (indirect);
(8)
Farm winery;
(9)
Horse boarding and equestrian training;
(10)
Dwelling, manufactured home;
(11)
Dwelling, single-family detached;
(12)
Telecommunications facility, collocated;
(13)
Community garden;
(14)
Park or greenway;
(15)
Utility use, minor;
(16)
Marina, noncommercial;
(17)
Farmers' market;
(18)
Taxidermy shop.
(Ord. No. O-2013-06, 9-16-13)
The following uses are allowable as principal uses in the A-20 District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Farm winery, special impact;
(2)
Horse racetrack or show grounds;
(3)
Livestock market;
(4)
Telecommunications tower;
(5)
Cemetery;
(6)
Airport;
(7)
Airstrip;
(8)
Helicopter landing facility;
(9)
Reserved;
(10)
Utility use, major;
(11)
Animal shelter;
(12)
Pound;
(13)
Kennel, commercial;
(14)
Veterinary clinic;
(15)
Conference or training center;
(16)
Country club;
(17)
Fairground;
(18)
Golf course;
(19)
Marina, commercial;
(20)
Recreation facility, nonprofit;
(21)
Recreation facility, public;
(22)
Shooting range, commercial;
(23)
Rural event venue;
(24)
Auction facility;
(25)
Campground/recreational vehicle park;
(26)
Place of worship;
(27)
Minor meat processing.
(Ord. No. O-2013-06, 9-16-13; Ord. No. O-2019-20, 4-24-19; Ord. No. O-2023-28, § 1, 12-18-23; Ord. No. O-2023-27, § 1, 7-22-24)
(a)
Permitted accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the A-20 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Accessory apartment;
(2)
Accessory dwelling unit (detached);
(3)
Amateur radio antenna;
(4)
Bed and breakfast inn;
(5)
Eating establishment (as accessory to an agricultural use);
(6)
Electric vehicle (EV) level 1 or 2 charging station;
(7)
Electric vehicle (EV) level 3 charging station;
(8)
Family day care home;
(9)
Fuel oil or bottled gas distribution or storage, limited;
(10)
Home garden;
(11)
Home occupation;
(12)
Home-based landscaping business;
(13)
Kennel, private;
(14)
Office (as accessory to P multifamily dwelling or commercial use);
(15)
Open space, park, playground, or recreational facility;
(16)
Outdoor storage (as an accessory use);
(17)
Parking or storage of major recreational equipment on residential lots;
(18)
Parking or storage of large vehicles;
(19)
Rainwater cistern;
(20)
Residential care facility;
(21)
Private recycling bins;
(22)
Retail sales (as accessory to an agricultural use);
(23)
Roadside stand;
(24)
Satellite dish;
(25)
Shipping containers as storage;
(26)
Shooting range, non-commercial;
(27)
Small wind energy system;
(28)
Solar energy collection system;
(29)
Swimming pool, spa, or hot tub;
(30)
Television or radio antenna.
(Ord. No. O-2013-06, 9-16-13)
(a)
Permitted temporary uses. The following uses are allowable as temporary uses of limited duration, in the A-20 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Garage or yard sale;
(2)
Manufactured home used pending construction of conventional dwelling as primary residence;
(3)
Portable sawmill;
(4)
Post-disaster temporary dwelling;
(5)
Temporary construction-related structure or facility;
(6)
Temporary family health care structure;
(b)
Permitted with temporary business permit. The following uses are allowable as temporary uses of limited duration in the A-20 District, only on approval of a temporary business permit, and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Estate sale/auction;
(2)
Farmer's market (as a temporary use);
(3)
Outdoor seasonal sales;
(4)
Temporary business (other than outdoor seasonal sales).
(Ord. No. O-2013-06, 9-16-13)
(Ord. No. 2013-09, 2-3-14; Ord. No. 2014-23, 9-15-14; Ord. No. O-2017-26, 9-25-17; Ord. No. O-2018-08, 3-26-18)
The following uses are allowable as principal uses by right in the A-10 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Animal production (other than an animal confinement facility);
(2)
Crop production;
(3)
Dairy (other than an animal confinement facility);
(4)
Forestry and logging;
(5)
Greenhouse, nursery, and floriculture production;
(6)
Agricultural support (direct);
(7)
Agricultural support (indirect);
(8)
Farm winery;
(9)
Horse boarding and equestrian training;
(10)
Dwelling, manufactured home;
(11)
Dwelling, single-family detached;
(12)
Telecommunications facility, collocated;
(13)
Library;
(14)
Adult day care center;
(15)
Child day care center;
(16)
Public school;
(17)
Courthouse facility;
(18)
Fire or EMS station;
(19)
Government administrative offices;
(20)
Government maintenance, storage, or distribution facility;
(21)
Law enforcement facility;
(22)
Post office;
(23)
Community garden;
(24)
Park or greenway;
(25)
Place of worship;
(26)
Utility use, minor;
(27)
Kennel, private, two acres or more;
(28)
Marina, noncommercial;
(29)
Recreation facility, public;
(30)
Taxidermy shop.
(Ord. No. O-2013-09, 2-3-14)
The following uses are allowable as principal uses in the A-10 District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Farm winery, special impact;
(2)
Horse racetrack or show grounds;
(3)
Livestock market;
(4)
Sawmill, commercial;
(5)
Farm worker housing;
(6)
Manufactured home park;
(7)
Assisted living facility;
(8)
Continuing care retirement community;
(9)
Hospice facility;
(10)
Rooming or boarding house;
(11)
Telecommunications tower;
(12)
Community center;
(13)
Museum;
(14)
College or university;
(15)
Private school;
(16)
Vocational or trade school;
(17)
Correctional facility;
(18)
Fire training facility;
(19)
Nursing home;
(20)
Cemetery;
(21)
Club or lodge;
(22)
Halfway house;
(23)
Shelter for victims of domestic violence;
(24)
Airport;
(25)
Helicopter landing facility;
(26)
Reserved;
(27)
Utility use, major;
(28)
Animal grooming;
(29)
Animal shelter;
(30)
Pound;
(31)
Kennel, commercial;
(32)
Kennel, private, less than two acres;
(33)
Veterinary clinic;
(34)
Conference or training center;
(35)
Country club;
(36)
Fairground;
(37)
Golf course;
(38)
Marina, commercial;
(39)
Recreation facility, commercial indoor;
(40)
Recreation facility, commercial outdoor;
(41)
Recreation facility, nonprofit;
(42)
Shooting range, commercial;
(43)
Rural event venue;
(44)
Antique store;
(45)
Art gallery;
(46)
Auction facility;
(47)
Farmers' market;
(48)
Flea market;
(49)
Campground/recreational vehicle park;
(50)
Country inn;
(51)
Commercial landscaping operation;
(52)
Asphalt or concrete plant;
(53)
Brewery or distillery;
(54)
Microbrewery or micro-distillery;
(55)
Winery;
(56)
Convenience center, county;
(57)
Heavy vehicle/equipment repair and servicing;
(58)
Wood and stump recycling business;
(59)
Contractor's storage yard;
(60)
Minor meat processing.
(Ord. No. O-2013-09, 2-3-14; O-2016-29, 8-22-16; Ord. No. O-2019-20, 4-24-19; Ord. No. O-2022-26, 6-27-22; Ord. No. O-2022-27, 6-27-22; Ord. No. O-2023-28, § 1, 12-18-23; Ord. No. O-2023-27, § 2, 7-22-24)
(a)
Permitted accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the A-10 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Accessory apartment;
(2)
Accessory dwelling unit (detached), up to 50 percent of square footage of the main dwelling;
(3)
Airstrip;
(4)
Amateur radio antenna;
(5)
Bed and breakfast inn;
(6)
Clubhouse;
(7)
Eating establishment (as accessory to an agricultural use);
(8)
Electric vehicle (EV) level 1 or 2 charging station;
(9)
Electric vehicle (EV) level 3 charging station;
(10)
Family day care home;
(11)
Fuel oil or bottled gas distribution or storage, limited;
(12)
Home garden;
(13)
Home occupation;
(14)
Home-based landscaping business;
(15)
Kennel, private;
(16)
Office (as accessory to P multifamily dwelling or commercial use);
(17)
Open space, park, playground, or recreational facility;
(18)
Outdoor storage (as an accessory use);
(19)
Parking or storage of major recreational equipment on residential lots;
(20)
Parking or storage of large vehicles;
(21)
Rainwater cistern;
(22)
Residential care facility;
(23)
Private recycling bins;
(24)
Retail sales (as accessory to an agricultural use);
(25)
Roadside stand;
(26)
Satellite dish;
(27)
Shipping containers as storage;
(28)
Shooting range, non-commercial;
(29)
Small wind energy system;
(30)
Solar energy collection system;
(31)
Swimming pool, spa, or hot tub;
(32)
Television or radio antenna.
(b)
Conditional accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the A-10 District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Home-based business;
(2)
Home-based truck hauler business.
(Ord. No. O-2013-09, 2-3-14; Ord. No. O-2022-25, 6-27-22)
(a)
Permitted temporary uses. The following uses are allowable as temporary uses of limited duration, in the A-10 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Garage or yard sale;
(2)
Manufactured home used pending construction of conventional dwelling as primary residence;
(3)
Model sales home/unit;
(4)
Portable sawmill;
(5)
Post-disaster temporary dwelling;
(6)
Temporary construction-related structure or facility;
(7)
Temporary family health care structure.
(b)
Permitted with temporary business permit. The following uses are allowable as temporary uses of limited duration in the A-10 District, only on approval of a temporary business permit, and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Estate sale/auction;
(2)
Farmers' market (as a temporary use);
(3)
Outdoor seasonal sales;
(4)
Temporary business (other than outdoor seasonal sales).
(c)
Permitted with condition use permit. The following uses are allowable as temporary uses of limited duration, in the A-10 District, only on approval of a conditional use permit and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Temporary second dwelling for an elderly or infirm family member.
(Ord. No. O-2013-09, 2-3-14)
(e)
Animal confinement facility standards. Animal confinement facilities shall comply with the following standards:
(1)
Required state approvals.
a.
No animal confinement facility shall be allowed under this chapter unless and until the appropriate state agency has approved.
1.
A nutrient management plan providing for safe storage and disposal or use of all produced animal waste, and
2.
A General Virginia Pollution Abatement Permit (VPA permit) for a confined animal feeding operations for the facility, in accordance with § 62.1-44.17.1 VA Code Ann. and 9VAC25-31-200.
b.
The facility owner or operator shall file copies of the nutrient management plan and general permit with the director upon approval.
(2)
Updating the nutrient management plan.
a.
The nutrient management plan shall be updated every five years and more frequently in conjunction with any proposed expansion of 25 percent or more in the approved number of animal units in the facility.
b.
The updated nutrient management plan shall be reviewed by a certified nutrient management planner and the director.
(3)
Storage and disposal or use of animal wastes.
a.
On-site storage. The facility shall provide for an animal waste storage site, with or without a permanent structure. Except as otherwise provided in subsection (b) below, the storage site shall be located on the same parcel as the facility and shall:
1.
Have the capacity to store 100 percent of the wastes produced by the facility during the four consecutive months in which the maximum volume of wastes is produced by the facility;
2.
Meet all applicable state requirements;
3.
Meet the setback standards in section 83-170(c), Intensity and dimensional standards;
4.
Provide for either diverting or storing rainfall onto the drainage area flowing into the storage site.
b.
Off-site storage and disposal or use. The director may allow animal wastes produced by a facility to be transported directly from the facility to an approved storage site located on another parcel, or to another area, property, or receiver for immediate field application or other use, provided:
1.
The nutrient management plan incorporates the proposed off-site storage and disposal or use;
2.
The nutrient management plan includes either:
i.
Documentation of an agreement between the facility owner or operator and the receiver of the transported wastes; or
ii.
A sworn and notarized affidavit of the owner's or operator's intention to dispose of the waste through sale in retail establishments or otherwise directly to consumers.
3.
A nutrient management plan documenting an agreement for off-site storage, disposal, or use of wastes shall be valid only so long as the agreement remains in force. The facility owner or operator shall provide the director written notice of the status of the agreement at least 30 days before the agreement expires and within five days after the agreement is terminated before its expiration date.
(4)
Setbacks.
a.
If the parcel on which the facility is located is divided such that structures previously complying with the setbacks required in section 83-170(c), Intensity and dimensional standards, no longer comply with the required setbacks (or any reduced setbacks pursuant to note 1 to section 83-170(c)), operation of the facility shall be terminated.
b.
All animal confinement facilities existing before November 18, 1996, shall be deemed in compliance with all setback requirements, provided that the setbacks of new structures in the facility from the locations identified in section 83-170(c), Intensity and dimensional standards, shall be no less than the setbacks of the facility's existing structures. If the facility is expanded by 25 percent or more in the approved number of animal units, however, any new structures associated with the expansion shall comply with the minimum setback standards in section 83-170(c), Intensity and dimensional standards, or any reduced setback allowed in accordance with note 1 to section 83-170(c).
(5)
Buffer. Animal containment facilities located on parcels that abut developed lot(s) containing residential, institutional, commercial, or industrial uses shall provide a perimeter buffer in accordance with the perimeter buffers provisions of section 83-461, Landscaping and buffers.
(Ord. No. O-2013-09, 2-3-14; Ord. No. 2017-13, 5-22-17)
The following uses are allowable as principal uses by right in the A-C District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Animal confinement facility;
(2)
Animal production (other than an animal confinement facility);
(3)
Crop production;
(4)
Dairy (other than an animal confinement facility);
(5)
Forestry and logging;
(6)
Greenhouse, nursery, and floriculture production;
(7)
Agricultural support (direct);
(8)
Agricultural support (indirect);
(9)
Farm winery;
(10)
Horse boarding and equestrian training;
(11)
Horse racetrack or show grounds;
(12)
Dwelling, manufactured home;
(13)
Dwelling, single-family detached;
(14)
Telecommunications facility, collocated;
(15)
Fire or EMS station;
(16)
Community garden;
(17)
Park or greenway;
(18)
Utility use, minor;
(19)
Marina, noncommercial;
(20)
Recreation facility, nonprofit;
(21)
Recreation facility, public;
(22)
Farmers' market.
(Ord. No. O-2013-09, 2-3-14)
The following uses are allowable as principal uses in the A-C District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Livestock market;
(2)
Farm worker housing;
(3)
Telecommunications tower;
(4)
Community center;
(5)
Cemetery;
(6)
Airport;
(7)
Helicopter landing facility;
(8)
Utility use, major;
(9)
Animal shelter;
(10)
Pound;
(11)
Kennel, commercial;
(12)
Veterinary clinic;
(13)
Shooting range, commercial.
(Ord. No. O-2013-09, 2-3-14)
(a)
Permitted accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the A-C District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Accessory apartment;
(2)
Airstrip;
(3)
Amateur radio antenna;
(4)
Electric vehicle (EV) level 1 or 2 charging station;
(5)
Electric vehicle (EV) level 3 charging station;
(6)
Family day care home;
(7)
Home garden;
(8)
Home occupation;
(9)
Kennel, private;
(10)
Office (as accessory to P multifamily dwelling or commercial use);
(11)
Open space, park, playground, or recreational facility;
(12)
Outdoor storage (as an accessory use);
(13)
Parking or storage of major recreational equipment on residential lots;
(14)
Parking or storage of large vehicles;
(15)
Rainwater cistern;
(16)
Residential care facility;
(17)
Private recycling bins;
(18)
Roadside stand;
(19)
Satellite dish;
(20)
Shipping containers as storage;
(21)
Shooting range, non-commercial;
(22)
Small wind energy system;
(23)
Solar energy collection system;
(24)
Swimming pool, spa, or hot tub;
(25)
Television or radio antenna.
(b)
Conditional accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the A-C District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter.
(Ord. No. O-2013-09, 2-3-14)
(a)
Permitted temporary uses. The following uses are allowable as temporary uses of limited duration, in the A-C District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Garage or yard sale;
(2)
Manufactured home used pending construction of conventional dwelling as primary residence;
(3)
Portable sawmill;
(4)
Post-disaster temporary dwelling;
(5)
Temporary construction-related structure or facility;
(6)
Temporary family health care structure.
(b)
Permitted with temporary business permit. The following uses are allowable as temporary uses of limited duration in the A-C District, only on approval of a temporary business permit, and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Estate sale/auction;
(2)
Farmers' market (as temporary use);
(3)
Outdoor seasonal sales;
(4)
Temporary business (other than outdoor seasonal sales).
(c)
Permitted with conditional use permit. The following uses are allowable as temporary uses of limited duration, in the A-C District, only on approval of a conditional use permit and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Temporary second dwelling for an elderly or infirm family member.
(Ord. No. O-2013-09, 2-3-14)
(Ord. of 5-23-85; Ord. of 10-18-04; Ord. of 6-2-14; Ord. No. 2014-23, 9-15-14; Ord. No. O-2019-19, 6-24-19)
Editor's note— The Rural Residential District will remain from Fine Creek east on Route 711 to the Chesterfield County line on the north side of Route 711. Provisions brought forward from 2013 zoning ordinance, reformatted, renumbered and incorporated June 2, 2014
Land, buildings and structures in the RR District shall be used only for the following purposes:
(1)
Agricultural uses and all buildings necessary to such use and the keeping, storage, or operation of any vehicle or machinery necessary to such use;
(2)
Detached single-family dwellings;
(3)
Churches and places of worship, including parish houses and Sunday Schools;
(4)
Forestry;
(5)
Timber harvesting which may include sawmill(s) used only for cutting timber harvest on site;
(6)
Dairying, and raising and breeding of livestock, poultry and other animals;
(7)
Greenhouses;
(8)
Livery stable or riding academy;
(9)
Public schools, libraries, administration buildings, and public utility facilities excluding wastewater treatment plants;
(10)
Recreation facility, public;
(11)
Bed and Breakfast homes;
(12)
Adult or juvenile jails, detention facilities, or correctional facilities operated or owned by local or regional governmental entities, and located within or surrounded by existing state correction facilities;
(13)
Limited commercial landscaping contractor;
(14)
Shooting or archery ranges permitted by property owner for benefit of non-profit, non-commercial or community service organizations, provided that the owner participates in the operation of the range. Such range shall be located on a parcel not less than 30 acres. Adjoining parcels may be treated as combined to satisfy the 30 acre requirement, provided all other requirements of this subsection are satisfied. No part of such use shall be located any closer than 300 feet to the public road right-of-way, or 300 feet from any other property boundary. Use of the range shall not be open to the general public. The range shall operate only during daylight, and not before 10:00 a.m. No automatic weapons shall be used. Only weapons of recreational or instructional caliber shall be used;
(15)
Accessory buildings, uses, or structures;
(16)
Winery;
(17)
Farm winery;
(18)
Public utilities to serve the residences of this district;
(19)
Model home;
(20)
Gardening for flowers, vegetables and fruits, as it is customarily practiced in residential areas;
(21)
Private garages;
(22)
Storage sheds for lawn and garden tools;
(23)
Accessory apartment;
(24)
Home occupation;
(25)
Family day care home.
(26)
Accessory dwelling unit (detached), up to 50 percent of the square footage of the main dwelling.
(Ord. of 5-23-85; Ord. of 6-2-14; Ord. No. O-2024-21, § 1, 9-23-24)
The following uses may be permitted by the supervisors with a conditional use permit, following review by the planning commission:
(1)
Country clubs, golf courses, athletic fields, parks, playgrounds, swimming pools, meeting/lodge halls, and similar facilities operated by non-profit organizations, not for commercial purposes;
(2)
Home based businesses which do not meet the conditions for a home occupation as a permitted use, provided that the principal operator of the business shall own the property and reside on it;
(3)
Horse show grounds and related rings or tracks;
(4)
Cemeteries;
(5)
Other governmental structures/use;
(6)
Kennel/commercial;
(7)
More than one dwelling unit provided that the minimum lot size per dwelling unit for the district is met;
(8)
Expansion of non-conforming use(s); structures and/or uses and structures in combination of use by more than 40 percent;
(9)
Electric transmission facilities, petroleum product pipe lines, and other similar uses or structures;
(10)
Private schools, colleges, museums;
(11)
Manufactured/mobile home;
(12)
Amateur radio tower not to exceed 200 feet in height;
(13)
Kennel, private on parcel with minimum lot size of three acres;
(14)
Country inn;
(15)
Temporary second dwelling for hardship, handicapped, or elderly family member;
(16)
Rural event venue.
(Ord. of 5-23-85; Ord. of 10-18-04; Ord. No. O-2014-10, 6-2-14; Ord. No. O-2018-24, 9-24-18; Ord. No. O-2019-20, 4-24-19)
(Ord. No. O-2013-09, 2-3-14; Ord. No. 2014-23, 9-15-14; Ord. No. O-2019-19, 6-24-19)
The following uses are allowable as principal uses by right in the RR-5 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Dwelling, single-family detached;
(2)
Telecommunications facility, collocated;
(3)
Public school;
(4)
Fire or EMS station;
(5)
Community garden;
(6)
Park or greenway;
(7)
Utility use, minor;
(8)
Marina, noncommercial;
(9)
Recreation facility, public;
(10)
Crop production.
(Ord. No. O-2013-09, 2-3-14)
The following uses are allowable as principal uses in the RR-5 District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Farm winery;
(2)
Horse boarding and equestrian training;
(3)
Rooming or boarding house;
(4)
Community center;
(5)
Library;
(6)
Private school;
(7)
Cemetery;
(8)
Place of worship;
(9)
Utility use, major;
(10)
Country club;
(11)
Golf course;
(12)
Recreation facility, nonprofit.
(Ord. No. O-2013-09, 2-3-14)
(a)
Permitted accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the RR-5 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Accessory apartment (pursuant to section 83-438(a)(4));
(2)
Amateur radio antenna;
(3)
Bed and breakfast inn;
(4)
Electric vehicle (EV) level 1 or 2;
(5)
Family day care home;
(6)
Home garden;
(7)
Home occupation;
(8)
Kennel, private (see section 83-438(n));
(9)
Open space, park, playground, or recreational facility;
(10)
Agricultural uses and buildings on lots 20 acres or greater in size;
(11)
Parking or storage of major recreational equipment on residential lots;
(12)
Parking or storage of large vehicles;
(13)
Private garage;
(14)
Private recycling bins;
(15)
Rainwater cistern;
(16)
Residential care facility;
(17)
Satellite dish;
(18)
Small wind energy system;
(19)
Solar energy collection system;
(20)
Storage shed for lawn and garden tools;
(21)
Swimming pool, spa, or hot tub;
(22)
Television or radio antenna;
(23)
Accessory dwelling unit (detached), up to 35 percent of square footage of the main dwelling.
(b)
Conditional accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the RR-5 District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Home-based business;
(2)
Home-based landscaping business;
(3)
Accessory apartment, over 35 percent of total gross floor area of principal dwelling.
(Ord. No. O-2013-09, 2-3-14; Ord. No. O-2022-25, 6-27-22)
(a)
Permitted temporary uses. The following uses are allowable as temporary uses of limited duration, in the RR-5 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Garage or yard sale;
(2)
Model sales home/unit;
(3)
Post-disaster temporary dwelling;
(4)
Temporary construction-related structure or facility;
(5)
Temporary family health care structure.
(b)
Permitted with temporary business permit. The following uses are allowable as temporary uses of limited duration in the RR-5 District, only on approval of a temporary business permit, and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Estate sale/auction;
(2)
Outdoor seasonal sales.
(c)
Permitted with conditional use permit. The following uses are allowable as temporary uses of limited duration, in the RR-5 District, only on approval of a conditional use permit and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Temporary second dwelling for an elderly or infirm family member.
(Ord. No. O-2013-09, 2-3-14)
The following uses are allowable as principal uses by right in the CR District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Greenhouse, nursery, and floriculture production;
(2)
Agricultural support (indirect);
(3)
Farm winery;
(4)
Dwelling, live/work;
(5)
Dwelling, single-family detached;
(6)
Telecommunications facility, collocated;
(7)
Community center;
(8)
Library;
(9)
Museum;
(10)
Adult day care center;
(11)
Child day care center;
(12)
Public school;
(13)
Fire or EMS station;
(14)
Government administrative offices;
(15)
Law enforcement facility;
(16)
Post office;
(17)
Medical or dental clinic;
(18)
Community garden;
(19)
Park or greenway;
(20)
Utility use, minor;
(21)
Animal grooming;
(22)
Brewpub;
(23)
Restaurant without drive-through service (less than or equal to 3,500 square feet in area);
(24)
Specialty eating or drinking establishment (less than or equal to 3,500 square feet in area);
(25)
Professional offices;
(26)
Recreation facility, nonprofit;
(27)
Recreation facility, public;
(28)
Antique store;
(29)
Auction facility;
(30)
Art gallery;
(31)
Arts, craft, music, dance, photography, or martial arts studio/school;
(32)
Farmers' market;
(33)
Lawn care, pool, or pest control service;
(34)
Personal services establishment;
(35)
Taxidermy shop;
(36)
Country inn;
(37)
Brewery or distillery;
(38)
Micro-brewery;
(39)
Micro-distillery;
(40)
Artisan food and beverage production;
(41)
Winery.
(Ord. No. O-2013-06, 9-16-13; Ord. No. O-2019-10, 2-25-19; Ord. No. O-2021-13, 6-28-21)
The following uses are allowable as principal uses in the CR District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Horse boarding and equestrian training;
(2)
Livestock market;
(3)
Private school;
(4)
Vocational or trade school;
(5)
Cemetery;
(6)
Place of worship;
(7)
Surface transportation passenger station/terminal;
(8)
Animal shelter;
(9)
Pound;
(10)
Kennel, commercial;
(11)
Veterinary clinic;
(12)
Conference or training center;
(13)
Rural event venue;
(14)
Restaurant without drive-through service (greater than 3,500 square feet in area);
(15)
Specialty eating or drinking establishment (greater than 3,500 square feet in area);
(16)
Contractor's office;
(17)
Convenience store;
(18)
Other retail sales establishment;
(19)
Automotive painting or body shop;
(20)
Automotive repair and servicing;
(21)
Automotive wrecker service;
(23)
Gas station;
(24)
Tire sales and mounting.
(Ord. No. O-2013-06, 9-16-13; Ord. No. O-2017-25, 9-25-17; Ord. No. O-2019-10, 2-25-19; Ord. No. O-2019-20, 4-24-19)
(a)
Permitted accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the CR District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Accessory apartment;
(2)
Amateur radio antenna;
(3)
Automatic teller machine (ATM);
(4)
Bed and breakfast inn;
(5)
Canopy, nonresidential drive-through;
(6)
Clubhouse;
(7)
Electric vehicle (EV) level 1 or 2 charging station;
(8)
Electric vehicle (EV) level 3 charging station;
(9)
Family day care home;
(10)
Fuel oil or bottled gas distribution or storage, limited;
(11)
Home garden;
(12)
Home occupation;
(13)
Office (as accessory to P multifamily dwelling or commercial use);
(14)
Open space, park, playground, or recreational facility;
(15)
Outdoor display and sale of merchandise;
(16)
Outdoor storage (as an accessory use);
(17)
Parking or storage of major recreational equipment on residential lots;
(18)
Parking or storage of large vehicles;
(19)
Rainwater cistern;
(20)
Residential care facility;
(21)
Private recycling bins;
(22)
Roadside stand;
(23)
Satellite dish;
(24)
Small wind energy system;
(25)
Solar energy collection system;
(26)
Swimming pool, spa, or hot tub;
(27)
Television or radio antenna.
(b)
Conditional accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the CR District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Home-based landscaping business;
(2)
Kennel, private.
(Ord. No. O-2013-06, 9-16-13)
(a)
Permitted temporary uses. The following uses are allowable as temporary uses of limited duration, in the CR District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Garage or yard sale;
(2)
Post-disaster temporary dwelling;
(3)
Temporary construction-related structure or facility;
(4)
Temporary family health care structure.
(b)
Permitted with temporary business permit. The following uses are allowable as temporary uses of limited duration in the CR District, only on approval of a temporary business permit, and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Estate sale/auction;
(2)
Farmer's market (as a temporary use);
(3)
Outdoor seasonal sales;
(4)
Temporary business (other than outdoor seasonal sales).
(Ord. No. O-2013-06, 9-16-13)
RURAL DISTRICTS
The rural area base zoning districts established in this article are intended to maintain the rural character of those areas of the county located outside village growth areas designated in the comprehensive plan, particularly those areas designated natural conservation areas, rural preservation areas, rural residential areas, and crossroads. More specifically, the rural area base zoning districts are intended to:
(1)
Encourage lands containing perennial stream corridors, floodplains, wetlands, and steep slopes to be left in a naturalized undisturbed state;
(2)
Preserve and protect the continued viability of active agricultural, horticultural, agri-business, and silvicultural activities important to the county's economy and the character of the county's rural areas;
(3)
Encourage agri-business and tourism uses such as equestrian centers and boarding facilities, boutique or unique agri-business, farmers' markets, retreat and training facilities, camps, heritage and rural tourism destinations, and bed and breakfast inns, and ensure they are compatible with the county's rural character;
(4)
Promote the use of conservation subdivisions as the preferred means of accommodating historic patterns of rural, low-density, residential development while preserving open space that defines the county's rural areas;
(5)
Ensure open spaces are designed to maximize preservation and protection of important natural, agricultural, and historic resources, to facilitate stormwater management and protect water quality, to maximize residents' exposure to open space, to maintain the visual character of scenic roads, and to promote rehabilitation of degraded habitats;
(6)
Maintain, support, and preserve the crossroad communities that have developed in the county's rural areas;
(7)
Preserve the unique character of historic resources;
(8)
Provide for public services and facilities needed to serve rural area farmers and residents and accommodate public land uses that complement the rural area's open space, agricultural uses, and low density residential development while protecting them from incompatible nonresidential development; and
(9)
Provide and maintain infrastructure at rural levels of service that are compatible with the character and needs of the county's rural area.
Nothing herein shall be deemed to allow dump heaps, as defined herein, therefore keeping or maintaining a dump heap shall be prohibited on property in all rural districts.
The rural area base districts established by this chapter are:
(Ord. No. O-2013-06, 9-16-13; Ord. No. O-2019-15, 3-25-19)
(Ord. No. O-2013-06, 9-16-13; Ord. No. 2014-23, 9-15-14; Ord. No. 2019-19, 6-24-19)
The following uses are allowable as principal uses by right in the A-20 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Animal production (other than an animal confinement facility);
(2)
Crop production;
(3)
Dairy (other than an animal confinement facility);
(4)
Forestry and logging;
(5)
Greenhouse, nursery, and floriculture production;
(6)
Agricultural support (direct);
(7)
Agricultural support (indirect);
(8)
Farm winery;
(9)
Horse boarding and equestrian training;
(10)
Dwelling, manufactured home;
(11)
Dwelling, single-family detached;
(12)
Telecommunications facility, collocated;
(13)
Community garden;
(14)
Park or greenway;
(15)
Utility use, minor;
(16)
Marina, noncommercial;
(17)
Farmers' market;
(18)
Taxidermy shop.
(Ord. No. O-2013-06, 9-16-13)
The following uses are allowable as principal uses in the A-20 District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Farm winery, special impact;
(2)
Horse racetrack or show grounds;
(3)
Livestock market;
(4)
Telecommunications tower;
(5)
Cemetery;
(6)
Airport;
(7)
Airstrip;
(8)
Helicopter landing facility;
(9)
Reserved;
(10)
Utility use, major;
(11)
Animal shelter;
(12)
Pound;
(13)
Kennel, commercial;
(14)
Veterinary clinic;
(15)
Conference or training center;
(16)
Country club;
(17)
Fairground;
(18)
Golf course;
(19)
Marina, commercial;
(20)
Recreation facility, nonprofit;
(21)
Recreation facility, public;
(22)
Shooting range, commercial;
(23)
Rural event venue;
(24)
Auction facility;
(25)
Campground/recreational vehicle park;
(26)
Place of worship;
(27)
Minor meat processing.
(Ord. No. O-2013-06, 9-16-13; Ord. No. O-2019-20, 4-24-19; Ord. No. O-2023-28, § 1, 12-18-23; Ord. No. O-2023-27, § 1, 7-22-24)
(a)
Permitted accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the A-20 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Accessory apartment;
(2)
Accessory dwelling unit (detached);
(3)
Amateur radio antenna;
(4)
Bed and breakfast inn;
(5)
Eating establishment (as accessory to an agricultural use);
(6)
Electric vehicle (EV) level 1 or 2 charging station;
(7)
Electric vehicle (EV) level 3 charging station;
(8)
Family day care home;
(9)
Fuel oil or bottled gas distribution or storage, limited;
(10)
Home garden;
(11)
Home occupation;
(12)
Home-based landscaping business;
(13)
Kennel, private;
(14)
Office (as accessory to P multifamily dwelling or commercial use);
(15)
Open space, park, playground, or recreational facility;
(16)
Outdoor storage (as an accessory use);
(17)
Parking or storage of major recreational equipment on residential lots;
(18)
Parking or storage of large vehicles;
(19)
Rainwater cistern;
(20)
Residential care facility;
(21)
Private recycling bins;
(22)
Retail sales (as accessory to an agricultural use);
(23)
Roadside stand;
(24)
Satellite dish;
(25)
Shipping containers as storage;
(26)
Shooting range, non-commercial;
(27)
Small wind energy system;
(28)
Solar energy collection system;
(29)
Swimming pool, spa, or hot tub;
(30)
Television or radio antenna.
(Ord. No. O-2013-06, 9-16-13)
(a)
Permitted temporary uses. The following uses are allowable as temporary uses of limited duration, in the A-20 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Garage or yard sale;
(2)
Manufactured home used pending construction of conventional dwelling as primary residence;
(3)
Portable sawmill;
(4)
Post-disaster temporary dwelling;
(5)
Temporary construction-related structure or facility;
(6)
Temporary family health care structure;
(b)
Permitted with temporary business permit. The following uses are allowable as temporary uses of limited duration in the A-20 District, only on approval of a temporary business permit, and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Estate sale/auction;
(2)
Farmer's market (as a temporary use);
(3)
Outdoor seasonal sales;
(4)
Temporary business (other than outdoor seasonal sales).
(Ord. No. O-2013-06, 9-16-13)
(Ord. No. 2013-09, 2-3-14; Ord. No. 2014-23, 9-15-14; Ord. No. O-2017-26, 9-25-17; Ord. No. O-2018-08, 3-26-18)
The following uses are allowable as principal uses by right in the A-10 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Animal production (other than an animal confinement facility);
(2)
Crop production;
(3)
Dairy (other than an animal confinement facility);
(4)
Forestry and logging;
(5)
Greenhouse, nursery, and floriculture production;
(6)
Agricultural support (direct);
(7)
Agricultural support (indirect);
(8)
Farm winery;
(9)
Horse boarding and equestrian training;
(10)
Dwelling, manufactured home;
(11)
Dwelling, single-family detached;
(12)
Telecommunications facility, collocated;
(13)
Library;
(14)
Adult day care center;
(15)
Child day care center;
(16)
Public school;
(17)
Courthouse facility;
(18)
Fire or EMS station;
(19)
Government administrative offices;
(20)
Government maintenance, storage, or distribution facility;
(21)
Law enforcement facility;
(22)
Post office;
(23)
Community garden;
(24)
Park or greenway;
(25)
Place of worship;
(26)
Utility use, minor;
(27)
Kennel, private, two acres or more;
(28)
Marina, noncommercial;
(29)
Recreation facility, public;
(30)
Taxidermy shop.
(Ord. No. O-2013-09, 2-3-14)
The following uses are allowable as principal uses in the A-10 District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Farm winery, special impact;
(2)
Horse racetrack or show grounds;
(3)
Livestock market;
(4)
Sawmill, commercial;
(5)
Farm worker housing;
(6)
Manufactured home park;
(7)
Assisted living facility;
(8)
Continuing care retirement community;
(9)
Hospice facility;
(10)
Rooming or boarding house;
(11)
Telecommunications tower;
(12)
Community center;
(13)
Museum;
(14)
College or university;
(15)
Private school;
(16)
Vocational or trade school;
(17)
Correctional facility;
(18)
Fire training facility;
(19)
Nursing home;
(20)
Cemetery;
(21)
Club or lodge;
(22)
Halfway house;
(23)
Shelter for victims of domestic violence;
(24)
Airport;
(25)
Helicopter landing facility;
(26)
Reserved;
(27)
Utility use, major;
(28)
Animal grooming;
(29)
Animal shelter;
(30)
Pound;
(31)
Kennel, commercial;
(32)
Kennel, private, less than two acres;
(33)
Veterinary clinic;
(34)
Conference or training center;
(35)
Country club;
(36)
Fairground;
(37)
Golf course;
(38)
Marina, commercial;
(39)
Recreation facility, commercial indoor;
(40)
Recreation facility, commercial outdoor;
(41)
Recreation facility, nonprofit;
(42)
Shooting range, commercial;
(43)
Rural event venue;
(44)
Antique store;
(45)
Art gallery;
(46)
Auction facility;
(47)
Farmers' market;
(48)
Flea market;
(49)
Campground/recreational vehicle park;
(50)
Country inn;
(51)
Commercial landscaping operation;
(52)
Asphalt or concrete plant;
(53)
Brewery or distillery;
(54)
Microbrewery or micro-distillery;
(55)
Winery;
(56)
Convenience center, county;
(57)
Heavy vehicle/equipment repair and servicing;
(58)
Wood and stump recycling business;
(59)
Contractor's storage yard;
(60)
Minor meat processing.
(Ord. No. O-2013-09, 2-3-14; O-2016-29, 8-22-16; Ord. No. O-2019-20, 4-24-19; Ord. No. O-2022-26, 6-27-22; Ord. No. O-2022-27, 6-27-22; Ord. No. O-2023-28, § 1, 12-18-23; Ord. No. O-2023-27, § 2, 7-22-24)
(a)
Permitted accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the A-10 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Accessory apartment;
(2)
Accessory dwelling unit (detached), up to 50 percent of square footage of the main dwelling;
(3)
Airstrip;
(4)
Amateur radio antenna;
(5)
Bed and breakfast inn;
(6)
Clubhouse;
(7)
Eating establishment (as accessory to an agricultural use);
(8)
Electric vehicle (EV) level 1 or 2 charging station;
(9)
Electric vehicle (EV) level 3 charging station;
(10)
Family day care home;
(11)
Fuel oil or bottled gas distribution or storage, limited;
(12)
Home garden;
(13)
Home occupation;
(14)
Home-based landscaping business;
(15)
Kennel, private;
(16)
Office (as accessory to P multifamily dwelling or commercial use);
(17)
Open space, park, playground, or recreational facility;
(18)
Outdoor storage (as an accessory use);
(19)
Parking or storage of major recreational equipment on residential lots;
(20)
Parking or storage of large vehicles;
(21)
Rainwater cistern;
(22)
Residential care facility;
(23)
Private recycling bins;
(24)
Retail sales (as accessory to an agricultural use);
(25)
Roadside stand;
(26)
Satellite dish;
(27)
Shipping containers as storage;
(28)
Shooting range, non-commercial;
(29)
Small wind energy system;
(30)
Solar energy collection system;
(31)
Swimming pool, spa, or hot tub;
(32)
Television or radio antenna.
(b)
Conditional accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the A-10 District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Home-based business;
(2)
Home-based truck hauler business.
(Ord. No. O-2013-09, 2-3-14; Ord. No. O-2022-25, 6-27-22)
(a)
Permitted temporary uses. The following uses are allowable as temporary uses of limited duration, in the A-10 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Garage or yard sale;
(2)
Manufactured home used pending construction of conventional dwelling as primary residence;
(3)
Model sales home/unit;
(4)
Portable sawmill;
(5)
Post-disaster temporary dwelling;
(6)
Temporary construction-related structure or facility;
(7)
Temporary family health care structure.
(b)
Permitted with temporary business permit. The following uses are allowable as temporary uses of limited duration in the A-10 District, only on approval of a temporary business permit, and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Estate sale/auction;
(2)
Farmers' market (as a temporary use);
(3)
Outdoor seasonal sales;
(4)
Temporary business (other than outdoor seasonal sales).
(c)
Permitted with condition use permit. The following uses are allowable as temporary uses of limited duration, in the A-10 District, only on approval of a conditional use permit and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Temporary second dwelling for an elderly or infirm family member.
(Ord. No. O-2013-09, 2-3-14)
(e)
Animal confinement facility standards. Animal confinement facilities shall comply with the following standards:
(1)
Required state approvals.
a.
No animal confinement facility shall be allowed under this chapter unless and until the appropriate state agency has approved.
1.
A nutrient management plan providing for safe storage and disposal or use of all produced animal waste, and
2.
A General Virginia Pollution Abatement Permit (VPA permit) for a confined animal feeding operations for the facility, in accordance with § 62.1-44.17.1 VA Code Ann. and 9VAC25-31-200.
b.
The facility owner or operator shall file copies of the nutrient management plan and general permit with the director upon approval.
(2)
Updating the nutrient management plan.
a.
The nutrient management plan shall be updated every five years and more frequently in conjunction with any proposed expansion of 25 percent or more in the approved number of animal units in the facility.
b.
The updated nutrient management plan shall be reviewed by a certified nutrient management planner and the director.
(3)
Storage and disposal or use of animal wastes.
a.
On-site storage. The facility shall provide for an animal waste storage site, with or without a permanent structure. Except as otherwise provided in subsection (b) below, the storage site shall be located on the same parcel as the facility and shall:
1.
Have the capacity to store 100 percent of the wastes produced by the facility during the four consecutive months in which the maximum volume of wastes is produced by the facility;
2.
Meet all applicable state requirements;
3.
Meet the setback standards in section 83-170(c), Intensity and dimensional standards;
4.
Provide for either diverting or storing rainfall onto the drainage area flowing into the storage site.
b.
Off-site storage and disposal or use. The director may allow animal wastes produced by a facility to be transported directly from the facility to an approved storage site located on another parcel, or to another area, property, or receiver for immediate field application or other use, provided:
1.
The nutrient management plan incorporates the proposed off-site storage and disposal or use;
2.
The nutrient management plan includes either:
i.
Documentation of an agreement between the facility owner or operator and the receiver of the transported wastes; or
ii.
A sworn and notarized affidavit of the owner's or operator's intention to dispose of the waste through sale in retail establishments or otherwise directly to consumers.
3.
A nutrient management plan documenting an agreement for off-site storage, disposal, or use of wastes shall be valid only so long as the agreement remains in force. The facility owner or operator shall provide the director written notice of the status of the agreement at least 30 days before the agreement expires and within five days after the agreement is terminated before its expiration date.
(4)
Setbacks.
a.
If the parcel on which the facility is located is divided such that structures previously complying with the setbacks required in section 83-170(c), Intensity and dimensional standards, no longer comply with the required setbacks (or any reduced setbacks pursuant to note 1 to section 83-170(c)), operation of the facility shall be terminated.
b.
All animal confinement facilities existing before November 18, 1996, shall be deemed in compliance with all setback requirements, provided that the setbacks of new structures in the facility from the locations identified in section 83-170(c), Intensity and dimensional standards, shall be no less than the setbacks of the facility's existing structures. If the facility is expanded by 25 percent or more in the approved number of animal units, however, any new structures associated with the expansion shall comply with the minimum setback standards in section 83-170(c), Intensity and dimensional standards, or any reduced setback allowed in accordance with note 1 to section 83-170(c).
(5)
Buffer. Animal containment facilities located on parcels that abut developed lot(s) containing residential, institutional, commercial, or industrial uses shall provide a perimeter buffer in accordance with the perimeter buffers provisions of section 83-461, Landscaping and buffers.
(Ord. No. O-2013-09, 2-3-14; Ord. No. 2017-13, 5-22-17)
The following uses are allowable as principal uses by right in the A-C District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Animal confinement facility;
(2)
Animal production (other than an animal confinement facility);
(3)
Crop production;
(4)
Dairy (other than an animal confinement facility);
(5)
Forestry and logging;
(6)
Greenhouse, nursery, and floriculture production;
(7)
Agricultural support (direct);
(8)
Agricultural support (indirect);
(9)
Farm winery;
(10)
Horse boarding and equestrian training;
(11)
Horse racetrack or show grounds;
(12)
Dwelling, manufactured home;
(13)
Dwelling, single-family detached;
(14)
Telecommunications facility, collocated;
(15)
Fire or EMS station;
(16)
Community garden;
(17)
Park or greenway;
(18)
Utility use, minor;
(19)
Marina, noncommercial;
(20)
Recreation facility, nonprofit;
(21)
Recreation facility, public;
(22)
Farmers' market.
(Ord. No. O-2013-09, 2-3-14)
The following uses are allowable as principal uses in the A-C District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Livestock market;
(2)
Farm worker housing;
(3)
Telecommunications tower;
(4)
Community center;
(5)
Cemetery;
(6)
Airport;
(7)
Helicopter landing facility;
(8)
Utility use, major;
(9)
Animal shelter;
(10)
Pound;
(11)
Kennel, commercial;
(12)
Veterinary clinic;
(13)
Shooting range, commercial.
(Ord. No. O-2013-09, 2-3-14)
(a)
Permitted accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the A-C District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Accessory apartment;
(2)
Airstrip;
(3)
Amateur radio antenna;
(4)
Electric vehicle (EV) level 1 or 2 charging station;
(5)
Electric vehicle (EV) level 3 charging station;
(6)
Family day care home;
(7)
Home garden;
(8)
Home occupation;
(9)
Kennel, private;
(10)
Office (as accessory to P multifamily dwelling or commercial use);
(11)
Open space, park, playground, or recreational facility;
(12)
Outdoor storage (as an accessory use);
(13)
Parking or storage of major recreational equipment on residential lots;
(14)
Parking or storage of large vehicles;
(15)
Rainwater cistern;
(16)
Residential care facility;
(17)
Private recycling bins;
(18)
Roadside stand;
(19)
Satellite dish;
(20)
Shipping containers as storage;
(21)
Shooting range, non-commercial;
(22)
Small wind energy system;
(23)
Solar energy collection system;
(24)
Swimming pool, spa, or hot tub;
(25)
Television or radio antenna.
(b)
Conditional accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the A-C District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter.
(Ord. No. O-2013-09, 2-3-14)
(a)
Permitted temporary uses. The following uses are allowable as temporary uses of limited duration, in the A-C District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Garage or yard sale;
(2)
Manufactured home used pending construction of conventional dwelling as primary residence;
(3)
Portable sawmill;
(4)
Post-disaster temporary dwelling;
(5)
Temporary construction-related structure or facility;
(6)
Temporary family health care structure.
(b)
Permitted with temporary business permit. The following uses are allowable as temporary uses of limited duration in the A-C District, only on approval of a temporary business permit, and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Estate sale/auction;
(2)
Farmers' market (as temporary use);
(3)
Outdoor seasonal sales;
(4)
Temporary business (other than outdoor seasonal sales).
(c)
Permitted with conditional use permit. The following uses are allowable as temporary uses of limited duration, in the A-C District, only on approval of a conditional use permit and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Temporary second dwelling for an elderly or infirm family member.
(Ord. No. O-2013-09, 2-3-14)
(Ord. of 5-23-85; Ord. of 10-18-04; Ord. of 6-2-14; Ord. No. 2014-23, 9-15-14; Ord. No. O-2019-19, 6-24-19)
Editor's note— The Rural Residential District will remain from Fine Creek east on Route 711 to the Chesterfield County line on the north side of Route 711. Provisions brought forward from 2013 zoning ordinance, reformatted, renumbered and incorporated June 2, 2014
Land, buildings and structures in the RR District shall be used only for the following purposes:
(1)
Agricultural uses and all buildings necessary to such use and the keeping, storage, or operation of any vehicle or machinery necessary to such use;
(2)
Detached single-family dwellings;
(3)
Churches and places of worship, including parish houses and Sunday Schools;
(4)
Forestry;
(5)
Timber harvesting which may include sawmill(s) used only for cutting timber harvest on site;
(6)
Dairying, and raising and breeding of livestock, poultry and other animals;
(7)
Greenhouses;
(8)
Livery stable or riding academy;
(9)
Public schools, libraries, administration buildings, and public utility facilities excluding wastewater treatment plants;
(10)
Recreation facility, public;
(11)
Bed and Breakfast homes;
(12)
Adult or juvenile jails, detention facilities, or correctional facilities operated or owned by local or regional governmental entities, and located within or surrounded by existing state correction facilities;
(13)
Limited commercial landscaping contractor;
(14)
Shooting or archery ranges permitted by property owner for benefit of non-profit, non-commercial or community service organizations, provided that the owner participates in the operation of the range. Such range shall be located on a parcel not less than 30 acres. Adjoining parcels may be treated as combined to satisfy the 30 acre requirement, provided all other requirements of this subsection are satisfied. No part of such use shall be located any closer than 300 feet to the public road right-of-way, or 300 feet from any other property boundary. Use of the range shall not be open to the general public. The range shall operate only during daylight, and not before 10:00 a.m. No automatic weapons shall be used. Only weapons of recreational or instructional caliber shall be used;
(15)
Accessory buildings, uses, or structures;
(16)
Winery;
(17)
Farm winery;
(18)
Public utilities to serve the residences of this district;
(19)
Model home;
(20)
Gardening for flowers, vegetables and fruits, as it is customarily practiced in residential areas;
(21)
Private garages;
(22)
Storage sheds for lawn and garden tools;
(23)
Accessory apartment;
(24)
Home occupation;
(25)
Family day care home.
(26)
Accessory dwelling unit (detached), up to 50 percent of the square footage of the main dwelling.
(Ord. of 5-23-85; Ord. of 6-2-14; Ord. No. O-2024-21, § 1, 9-23-24)
The following uses may be permitted by the supervisors with a conditional use permit, following review by the planning commission:
(1)
Country clubs, golf courses, athletic fields, parks, playgrounds, swimming pools, meeting/lodge halls, and similar facilities operated by non-profit organizations, not for commercial purposes;
(2)
Home based businesses which do not meet the conditions for a home occupation as a permitted use, provided that the principal operator of the business shall own the property and reside on it;
(3)
Horse show grounds and related rings or tracks;
(4)
Cemeteries;
(5)
Other governmental structures/use;
(6)
Kennel/commercial;
(7)
More than one dwelling unit provided that the minimum lot size per dwelling unit for the district is met;
(8)
Expansion of non-conforming use(s); structures and/or uses and structures in combination of use by more than 40 percent;
(9)
Electric transmission facilities, petroleum product pipe lines, and other similar uses or structures;
(10)
Private schools, colleges, museums;
(11)
Manufactured/mobile home;
(12)
Amateur radio tower not to exceed 200 feet in height;
(13)
Kennel, private on parcel with minimum lot size of three acres;
(14)
Country inn;
(15)
Temporary second dwelling for hardship, handicapped, or elderly family member;
(16)
Rural event venue.
(Ord. of 5-23-85; Ord. of 10-18-04; Ord. No. O-2014-10, 6-2-14; Ord. No. O-2018-24, 9-24-18; Ord. No. O-2019-20, 4-24-19)
(Ord. No. O-2013-09, 2-3-14; Ord. No. 2014-23, 9-15-14; Ord. No. O-2019-19, 6-24-19)
The following uses are allowable as principal uses by right in the RR-5 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Dwelling, single-family detached;
(2)
Telecommunications facility, collocated;
(3)
Public school;
(4)
Fire or EMS station;
(5)
Community garden;
(6)
Park or greenway;
(7)
Utility use, minor;
(8)
Marina, noncommercial;
(9)
Recreation facility, public;
(10)
Crop production.
(Ord. No. O-2013-09, 2-3-14)
The following uses are allowable as principal uses in the RR-5 District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Farm winery;
(2)
Horse boarding and equestrian training;
(3)
Rooming or boarding house;
(4)
Community center;
(5)
Library;
(6)
Private school;
(7)
Cemetery;
(8)
Place of worship;
(9)
Utility use, major;
(10)
Country club;
(11)
Golf course;
(12)
Recreation facility, nonprofit.
(Ord. No. O-2013-09, 2-3-14)
(a)
Permitted accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the RR-5 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Accessory apartment (pursuant to section 83-438(a)(4));
(2)
Amateur radio antenna;
(3)
Bed and breakfast inn;
(4)
Electric vehicle (EV) level 1 or 2;
(5)
Family day care home;
(6)
Home garden;
(7)
Home occupation;
(8)
Kennel, private (see section 83-438(n));
(9)
Open space, park, playground, or recreational facility;
(10)
Agricultural uses and buildings on lots 20 acres or greater in size;
(11)
Parking or storage of major recreational equipment on residential lots;
(12)
Parking or storage of large vehicles;
(13)
Private garage;
(14)
Private recycling bins;
(15)
Rainwater cistern;
(16)
Residential care facility;
(17)
Satellite dish;
(18)
Small wind energy system;
(19)
Solar energy collection system;
(20)
Storage shed for lawn and garden tools;
(21)
Swimming pool, spa, or hot tub;
(22)
Television or radio antenna;
(23)
Accessory dwelling unit (detached), up to 35 percent of square footage of the main dwelling.
(b)
Conditional accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the RR-5 District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Home-based business;
(2)
Home-based landscaping business;
(3)
Accessory apartment, over 35 percent of total gross floor area of principal dwelling.
(Ord. No. O-2013-09, 2-3-14; Ord. No. O-2022-25, 6-27-22)
(a)
Permitted temporary uses. The following uses are allowable as temporary uses of limited duration, in the RR-5 District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Garage or yard sale;
(2)
Model sales home/unit;
(3)
Post-disaster temporary dwelling;
(4)
Temporary construction-related structure or facility;
(5)
Temporary family health care structure.
(b)
Permitted with temporary business permit. The following uses are allowable as temporary uses of limited duration in the RR-5 District, only on approval of a temporary business permit, and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Estate sale/auction;
(2)
Outdoor seasonal sales.
(c)
Permitted with conditional use permit. The following uses are allowable as temporary uses of limited duration, in the RR-5 District, only on approval of a conditional use permit and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Temporary second dwelling for an elderly or infirm family member.
(Ord. No. O-2013-09, 2-3-14)
The following uses are allowable as principal uses by right in the CR District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Greenhouse, nursery, and floriculture production;
(2)
Agricultural support (indirect);
(3)
Farm winery;
(4)
Dwelling, live/work;
(5)
Dwelling, single-family detached;
(6)
Telecommunications facility, collocated;
(7)
Community center;
(8)
Library;
(9)
Museum;
(10)
Adult day care center;
(11)
Child day care center;
(12)
Public school;
(13)
Fire or EMS station;
(14)
Government administrative offices;
(15)
Law enforcement facility;
(16)
Post office;
(17)
Medical or dental clinic;
(18)
Community garden;
(19)
Park or greenway;
(20)
Utility use, minor;
(21)
Animal grooming;
(22)
Brewpub;
(23)
Restaurant without drive-through service (less than or equal to 3,500 square feet in area);
(24)
Specialty eating or drinking establishment (less than or equal to 3,500 square feet in area);
(25)
Professional offices;
(26)
Recreation facility, nonprofit;
(27)
Recreation facility, public;
(28)
Antique store;
(29)
Auction facility;
(30)
Art gallery;
(31)
Arts, craft, music, dance, photography, or martial arts studio/school;
(32)
Farmers' market;
(33)
Lawn care, pool, or pest control service;
(34)
Personal services establishment;
(35)
Taxidermy shop;
(36)
Country inn;
(37)
Brewery or distillery;
(38)
Micro-brewery;
(39)
Micro-distillery;
(40)
Artisan food and beverage production;
(41)
Winery.
(Ord. No. O-2013-06, 9-16-13; Ord. No. O-2019-10, 2-25-19; Ord. No. O-2021-13, 6-28-21)
The following uses are allowable as principal uses in the CR District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Horse boarding and equestrian training;
(2)
Livestock market;
(3)
Private school;
(4)
Vocational or trade school;
(5)
Cemetery;
(6)
Place of worship;
(7)
Surface transportation passenger station/terminal;
(8)
Animal shelter;
(9)
Pound;
(10)
Kennel, commercial;
(11)
Veterinary clinic;
(12)
Conference or training center;
(13)
Rural event venue;
(14)
Restaurant without drive-through service (greater than 3,500 square feet in area);
(15)
Specialty eating or drinking establishment (greater than 3,500 square feet in area);
(16)
Contractor's office;
(17)
Convenience store;
(18)
Other retail sales establishment;
(19)
Automotive painting or body shop;
(20)
Automotive repair and servicing;
(21)
Automotive wrecker service;
(23)
Gas station;
(24)
Tire sales and mounting.
(Ord. No. O-2013-06, 9-16-13; Ord. No. O-2017-25, 9-25-17; Ord. No. O-2019-10, 2-25-19; Ord. No. O-2019-20, 4-24-19)
(a)
Permitted accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the CR District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Accessory apartment;
(2)
Amateur radio antenna;
(3)
Automatic teller machine (ATM);
(4)
Bed and breakfast inn;
(5)
Canopy, nonresidential drive-through;
(6)
Clubhouse;
(7)
Electric vehicle (EV) level 1 or 2 charging station;
(8)
Electric vehicle (EV) level 3 charging station;
(9)
Family day care home;
(10)
Fuel oil or bottled gas distribution or storage, limited;
(11)
Home garden;
(12)
Home occupation;
(13)
Office (as accessory to P multifamily dwelling or commercial use);
(14)
Open space, park, playground, or recreational facility;
(15)
Outdoor display and sale of merchandise;
(16)
Outdoor storage (as an accessory use);
(17)
Parking or storage of major recreational equipment on residential lots;
(18)
Parking or storage of large vehicles;
(19)
Rainwater cistern;
(20)
Residential care facility;
(21)
Private recycling bins;
(22)
Roadside stand;
(23)
Satellite dish;
(24)
Small wind energy system;
(25)
Solar energy collection system;
(26)
Swimming pool, spa, or hot tub;
(27)
Television or radio antenna.
(b)
Conditional accessory uses. The following uses are allowable as accessory uses that are incidental and customarily subordinate to principal uses in the CR District only on approval of a conditional use permit and subject to any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Home-based landscaping business;
(2)
Kennel, private.
(Ord. No. O-2013-06, 9-16-13)
(a)
Permitted temporary uses. The following uses are allowable as temporary uses of limited duration, in the CR District, subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Garage or yard sale;
(2)
Post-disaster temporary dwelling;
(3)
Temporary construction-related structure or facility;
(4)
Temporary family health care structure.
(b)
Permitted with temporary business permit. The following uses are allowable as temporary uses of limited duration in the CR District, only on approval of a temporary business permit, and subject to compliance with any referenced use-specific standards and all other applicable regulations of this chapter:
(1)
Estate sale/auction;
(2)
Farmer's market (as a temporary use);
(3)
Outdoor seasonal sales;
(4)
Temporary business (other than outdoor seasonal sales).
(Ord. No. O-2013-06, 9-16-13)