These use standards apply to all districts created and adopted after August 1, 2013:

(1)

Division 1, Standards for Principal Uses and Structures, sets out general standards applicable to all principal uses and structures, and any special standards applicable to particular principal uses.

(2)

Division 2, Standards for Accessory Uses and Structures, sets out general standards applicable to all accessory uses and structures, and any special standards applicable to particular accessory uses and structures.

(3)

Division 3, Standards for Temporary Uses and Structures, sets out general standards applicable to all temporary uses and structures, and any special standards applicable to particular temporary uses and structures.

(Ord. No. O-2013-07, 9-16-13)

(a)

Classification of principal uses.

(1)

Use types. Use types identify specific principal land uses. Each use type is defined in Article XI, Definitions. Whereas the residential and institutional use classifications tend to include relatively specific and well-defined use types, the commercial and industrial use classifications tend to include broader uses types, reflecting the wider range and ever-growing variety of commercial and industrial uses existing in the community.

(2)

Use-specific standards. A particular use category or use type allowable as a principal use in a zoning district may be subject to additional standards that are specific to the particular use. Refer to standards in section 83-432, below, Standards for specific principal uses.

(b)

Multiple principal uses. Although development may include a single principal use with one or more accessory uses that are customarily incidental and subordinate to the principal use (e.g., home occupation as accessory to a dwelling, administrative offices as accessory to a school, retail sales establishment, or manufacturing use), development may include multiple principal uses, none of which is necessarily customarily incidental or subordinate to another principal use (e.g., a place of worship combined with a school, a gas station combined with a restaurant, a flex building housing retail, industrial service, and warehousing tenants). A development with multiple principal uses shall include only those principal uses designated as allowed in the applicable zoning district, and each principal use shall be subject to any use-specific standards applicable to the use.

(Ord. No. O-2013-07, 9-16-13)

(a)

General. Standards for a specific principal use shall apply to the particular individual principal use regardless of the zoning district in which it is located or the review procedure by which it is approved, unless otherwise specified in this Code. This section is intended to set forth and consolidate the standards for all principal uses for which a reference to this section is provided in Article XI, Definitions. These standards may be modified by other applicable standards or requirements in this Code.

(b)

Agricultural classification.

(1)

Agriculture. Animal Production (other than an animal confinement facility); dairy animal production and dairy uses shall comply with standards.

(2)

Agriculture related uses.

a.

General standards. All agriculture related uses shall comply with the following standards:

1.

If the use involves the use or servicing of heavy equipment, the site shall have direct vehicular access to/from a paved public street, via frontage or an easement.

2.

No more than two points of access to/from a public street are allowed.

b.

Farm winery, special impact. Special impact farm wineries shall comply with the following standards:

1.

Areas used for regular outdoor performances or activities open to the public shall be designated and shall not exceed 25 percent of the total area of the winery site.

2.

Any outdoor performances or activities open to the public shall comply with applicable noise standards in chapter 42, Article II, of the Code of Ordinances.

c.

Sawmill, commercial.

1.

Hours of operation for the sawmill shall be limited to the hours of 6:00 am to 6:00 pm.

2.

Structures or storage areas of the sawmill use shall comply with the minimum setbacks in the table below:

3.

Sawdust or wood chip piles at the sawmill shall not exceed a height of 25 feet.

d.

Farm worker housing. A maximum of three dwelling units may be occupied by farm workers and their immediate family.

(3)

Animal processing uses.

a.

Minor meat processing.

1.

The facility must comply with all applicable state and federal regulations regarding the licensing, inspection, and operation of a meat processing facility including but not limited to permits from the Virginia Department of Agriculture and Consumer Services and the United States Department of Agriculture Food Safety Inspection Service.

2.

All buildings and structures must be set back from all property lines a minimum of 500 feet.

3.

All processing must occur in the primary building which must be an enclosed structure.

4.

Materials may be stored within enclosed accessory buildings. No outdoor storage of products, materials, or machinery is permitted.

5.

Animals must be confined in a fully enclosed area within the building or in an accessory structure.

6.

In the Agricultural 10 (A-10), Agricultural 20 (A-20) and Animal Confinement (AC) Districts, a minimum of 20 acres is required for a minor meat processing facility.

7.

A perimeter buffer Type C as outlined in section 83-461(e) will be required with an adjacent parcel when the meat processing structure is located less than 1,000 feet from an abutting residential structure measured from the closest edge of these structures to each other. The buffer width at the property line shall be calculated to be 200 feet on either side of a line measuring the distance between the two structures at the point where the line intersects the property line.

8.

Animals may only be kept overnight on the property if the following standards are met:

i.

Animals must be kept in a fully enclosed area within the building or in an accessory structure.

ii.

Overnight supervision is required. Overnight supervision can be accomplished through an employee onsite or through appropriate electronic monitoring.

iii.

No more than ten animals may be kept overnight.

(c)

Residential classification.

(1)

Household living uses.

a.

Dwelling, duplex. Duplex dwellings shall comply with the following standards:

1.

Only one dwelling shall be allowed on a single lot.

2.

In the Single-family Residential-2 (SFR-2) District, duplex dwellings shall have a single entrance on any individual building facade.

b.

Dwelling, live/work. Live/work dwellings shall comply with the following standards:

1.

The residential portion of the building shall be located behind and/or above the nonresidential portion of the building.

2.

The nonresidential portion of the building shall be at least 500 square feet in area or 25 percent of the total floor area of the building, whichever is greater.

3.

At least one resident of a live/work dwelling shall be engaged in the commercial activity performed within the nonresidential portion of the building.

4.

Commercial activity performed within the nonresidential portion of the building shall be limited to those uses permitted by the regulations of the zoning district in which such unit is located.

5.

There shall be no more than one dwelling unit within the residential portion of the building.

c.

Dwelling, manufactured home. Manufactured home dwellings shall comply with the following standards:

1.

The minimum floor area shall be 750 square feet.

2.

The ceiling of crawl spaces under manufactured homes shall be at least 20 inches above grade.

3.

Manufactured home dwellings shall have skirting installed in accordance with the building code. Compliant skirting materials include metal skirts, concrete blocks, ornamental wood, or stone.

4.

All wheels, axles, transporting lights, tongue, and moving hitch shall be removed before occupancy of the dwelling.

5.

Manufactured home dwellings shall be secured with proper tie down equipment.

6.

All storage tanks shall be concealed, except for any necessary ventilation.

7.

Manufactured home dwellings shall have two doors to provide access and egress.

8.

Only one dwelling shall be allowed on a single lot—provided, however, that a manufactured home dwelling may be placed as the second dwelling on a lot in the A-10 District with approval of a conditional use permit, provided the two dwellings comply with the density standard applicable in the district.

d.

Dwelling, single-family detached. Single-family detached dwellings shall comply with the following standards:

1.

A single-family detached dwelling consisting of an "on-frame" modular home where the home (or sections thereof) is constructed on a permanent chassis and placed onsite with the chassis exposed shall have skirting comparable to that required for manufactured homes by the building code.

2.

Only one dwelling shall be allowed on a single lot—provided, however, that a single-family detached dwelling may be constructed as the second dwelling on a lot in the A-10 District, provided the two dwellings comply with the density standard applicable in the district, with private road standards, and all other applicable standards.

e.

Dwelling, three- or four-family. Three- or four-family dwellings shall comply with the following standards:

1.

Only one dwelling shall be allowed on a single lot.

2.

The dwelling shall be configured through massing, door placement, centralized parking location, and use of exterior materials to give the dwelling the appearance of a large single-family detached home.

3.

Ground-floor dwelling units shall be accessed via internal corridors or from individual exterior porches or stoops served by a designated walkway, and upper-story dwelling units shall be accessed via internal corridors, common stairways, or individual stairways.

4.

The dwelling shall not have vehicular access via more than one driveway from any abutting street, unless via a circular drive.

f.

Manufactured home park. Manufactured home parks shall comply with the following standards:

1.

General.

i.

The overall density of dwellings in a manufactured home park shall not exceed eight units per gross acre or six units per net acre. Floodplains and other areas consisting of adverse topographic features shall not be included in density calculations.

ii.

Each manufactured home shall be located within a designated manufactured home space, whose corners are clearly marked by permanent ground markers corresponding to the approved plan for the park.

2.

Dimensional standards.

i.

The minimum area of a manufactured home space shall be 4,500 square feet.

ii.

The minimum width of a manufactured home space shall be 2.5 times the width of the manufactured home, or 25 feet, whichever is greater.

iii.

No manufactured home shall occupy more than 25 percent of the manufactured home space on which it is located.

3.

Locational standards.

i.

Manufactured homes shall be located at least 25 feet from streets internal to the manufactured home park, as measured from the closest exterior wall.

ii.

Manufactured homes shall be spaced at least 25 feet from each other and from any service buildings, except that minimum spacing between the facing ends of manufactured homes shall be 20 feet.

4.

Patio standards. Each manufactured home unit shall include an outdoor patio space that is at least 250 square feet in area and is directly accessible from an entranceway to the manufactured home.

5.

Streets. Streets in manufactured home parks shall meet all state and county requirements for applicable roadways, and comply with the following standards:

i.

Streets providing frontage to individual manufactured home spaces and collector streets with no parking shall be hard surfaced and be at least 24 feet wide.

ii.

Cul-de-sac streets shall be at least 24 feet wide and have a turning radius of 35 feet.

6.

Miscellaneous standards.

i.

Manufactured home parks shall not operate as closed parks in which entry is denied to those who do not own or lease a home from the dealer, park owner, or operator.

ii.

No manufactured home park may serve as a general retail or wholesale establishment. Demonstration sites or storage areas for manufactured homes are prohibited.

iii.

Each manufactured home park shall provide at least one multi-purpose recreational area, the area of which shall be at least the greater of 10,000 square feet or ten percent of the total area of the manufactured home park.

iv.

All utilities shall be located underground, with no overhead wires allowed, except for control instrumentation and substations, which shall be screened in accordance with section 83-465, Screening, of Article VIII, Development Standards.

(2)

Group living uses.

a.

Continuing care retirement community. The major component parts of a continuing care retirement community shall each comply with the standards applicable to the principal use most closely representing the component—i.e., nursing home standards for the skilled nursing services components, assisted living facility standards for assisted living services component, and single-family, duplex, townhouse, and/or multifamily dwelling standards, as appropriate, for the independent living component.

b.

Rooming or boarding house. Rooming and boarding houses shall comply with the following standards:

1.

Rooms shall be rented to no more than four persons at any one time;

2.

The owner shall maintain the house as a primary residence;

3.

Sleeping rooms in a rooming house shall:

i.

Not include individual kitchen facilities; and

ii.

Be accessed by a common room or hallway, and shall not have individual access to the outside (except for emergency exits).

(d)

Institutional classification.

(1)

Communication uses.

a.

Telecommunications facility.

1.

Purpose. This section is intended to establish general standards for the siting of telecommunications towers and collocated telecommunications facilities that will:

i.

Enhance the effective and efficient provision of advanced telecommunication services throughout the county;

ii.

Strongly encourage the collocation of telecommunications facilities on existing towers and other structures as preferred options to construction of additional telecommunications towers;

iii.

Minimize the total number of new towers throughout the county by providing incentives for the use of existing structures;

iv.

Encourage towers to locate in nonresidential areas, especially along the Route 60 corridor, and protect residential areas and land uses from potential adverse impacts of towers;

v.

Encourage the location of towers, to the extent possible, in areas where the adverse impact on the community will be minimal;

vi.

Minimize the adverse visual impact of towers and antennas through carefully siting, configuration, design, and screening;

vii.

Encourage public/private partnerships, where possible, to promote the telecommunications needs of the county, especially in association with fire and emergency rescue services;

viii.

Encourage the use of engineering and careful siting of tower structures to avoid potential damage to adjacent properties from tower failure; and

ix.

Assure that towers comply with all federal and state regulations.

2.

Applicability.

i.

Unless exempted in subsection 3, exemptions, below, any new telecommunications facility—whether a principal or accessory use—shall be subject to the standards in this subsection a., telecommunications facility.

ii.

An existing use or an existing structure on the same lot shall not preclude the installation of towers or antennas on such lot. For purposes of determining whether the installation of a tower or antenna complies with district regulations, the dimensions of the entire lot shall control, even though the towers or antennas may be located on leased area within such lots.

iii.

Towers that are constructed and antennas that are installed in accordance with the provisions of this subsection shall not be deemed to constitute the expansion of a nonconforming use or structure.

3.

Exemptions. The following shall be exempt from the standards of this subsection (but may be subject to other relevant standards in this chapter, such as accessory use or design standards):

i.

Telecommunications towers that are 35 feet or less in height in any district, or are 100 feet or less in height in the I-1 or I-2 District.

ii.

Satellite dish antennas, as an accessory use (see accessory use standards in Section 83-438(u), Satellite dish);

iii.

Antennas used solely for broadcast radio or television reception, as an accessory use (see section 83-438(y), Television or radio antenna);

iv.

Antennas legally operated by FCC-licensed amateur radio operator (see section 83-438(c), Amateur radio antenna);

v.

Emergency telecommunications facilities owned by the county or other public agency that are used wholly or in part for public safety or emergency communication purposes; and

vi.

Portable wireless telecommunications facilities temporarily used for emergency purposes for not more than 180 days after declaration of an emergency or disaster by a responsible official of the county, state, or federal government.

4.

Timely action of telecommunications facility applications. The county shall process all applications for a telecommunications facility in a timely manner in accordance with the review procedures in Article II, Administration, and shall make a decision on such applications within a reasonable period of time after the application is submitted and determined complete (see application submittal and acceptance under Article II, Administration, taking into account the nature and scope of the application.

5.

Telecommunications facility, collocated.

i.

The placement of an antenna on or in an existing structure such as a building, sign, light pole, utility pole, transmission/utility tower, water tank, or other free-standing structure or existing tower or pole is allowed by right, without the need for a conditional use permit, so long as placement of the antenna does not increase the height of the existing structure or tower by 20 feet or 25 percent, whichever is less.

ii.

A collocated antenna shall not require additional lighting pursuant to FAA or other applicable requirements.

iii.

A collocated antenna use also may include the placement of additional buildings or other supporting equipment used in connection with placement of the antenna so long as auxiliary building or equipment is placed within the existing structure or property and is necessary for such use.

iv.

Where antennas are collocated on a structure other than a telecommunications tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

6.

General standards for all telecommunications facilities.

i.

Compliance with federal standards. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. This requirement includes meeting all regulatory emission standards established by the FCC.

7.

Telecommunications towers.

i.

Requirements for collocation.

A.

No freestanding telecommunications tower shall be allowed unless it is demonstrated that no suitable existing tower, building, or other structure within the coverage area is available for the collocation of antennas. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

e.

The fees, costs, 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.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

B.

Except where height, structural, mechanical, or regulatory factors prevent collocation, a proposed tower shall be designed to accommodate the present and future needs of its owner and collocated antennas by at least three other telecommunications providers, subject to mutually agreeable terms and conditions negotiated between the owner and collocating providers. Any purported height, structural, mechanical, or regulatory limitations to collocation shall be described in a report submitted with the development application for the tower.

C.

Owners of towers shall provide the county collocation opportunities as a community benefit to improve communications for county departments and emergency services, provided it does not conflict with the collocation requirement in subsection B above. The owners of the tower shall provide the county with the right of first refusal to any available colocation spaces at no cost to the county—provided, however, that the county shall be responsible for placing and maintaining its own equipment.

ii.

Height. To permit collocation, towers shall be designed and constructed to permit extensions to a maximum height of 199 feet, except as otherwise provided in the approved conditional use permit.

iii.

Setbacks. All towers shall be set back from any property line and from an existing residential dwelling on the same parcel by a distance equal or exceeding 120 percent of the tower height, and from an existing residential dwelling on an adjacent property by at least 500 feet, or 200 percent of the tower height, whichever is greater. Setbacks shall be measured from the base of the tower. These setback requirements do not apply from residential dwellings constructed subsequent to erection of the tower. These provisions may be modified by the board of supervisors during the conditional use permit review process, based upon the review and recommendation by the director and the planning commission.

iv.

Design.

A.

Towers may be designed as lattice towers, monopole towers, or as stealth towers (where the tower is designed to look like some other tall natural object (e.g., tree) or manmade structure (e.g., light standards, sculptures) allowed in the area).

B.

Towers shall either maintain a flat, non-glossy, nonreflective galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.

C.

Auxiliary buildings and related structures shall, to the extent possible, be designed to use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding structures.

D.

Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting, beacons, and/or other safety devices are required, they shall be designed to minimize disturbance to the surrounding uses.

E.

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

F.

A type C perimeter buffer shall be provided around the entire facility, including support buildings (see section 83-460, Tree protection and section 83-461, Landscaping, and buffers, of Article VIII, Development Standards).

G.

A fence at least six feet high shall be provided around the base of the tower and any associated equipment.

v.

Other standards.

A.

The provider shall lease sufficient land area around the tower to maintain control and safety of the existing mature tree growth and natural land forms within 100 feet of the tower base.

B.

To ensure the structural integrity of towers, the provider shall ensure that a tower is designed and maintained in compliance with standards contained in applicable federal, state and local building codes and regulations.

C.

The owner of the tower shall submit a report to the administrator once a year no later than July 1 that states the current user status of the tower and assesses the sufficiency and expiration status of the removal bond or other surety.

D.

Any cost incurred by the county for review by an independent technical expert of any of the above required information shall be paid by the applicant.

8.

Removal of abandoned telecommunication facilities.

i.

As a condition of approval of a conditional use permit for a telecommunications tower, the owner of the tower shall submit to the director a bond, irrevocable letter of credit, or other appropriate surety acceptable to the county to cover the costs of removing the tower and restoring the tower site to as near its original condition as is reasonably practicable.

A.

The amount of the surety shall be such amount found to be necessary after issuance of the conditional use permit for a third party to remove the tower and restore the site to as near its original condition as is reasonably possible.

B.

If the surety expires, the county may initiate proceedings to revoke or terminate the conditional use permit ten days after providing the tower owner written notice of the intent to do by first class, certified, return receipt mail. The conditional use permit shall be revoked unless the tower owner submits to the director, before revocation proceedings are concluded, a new surety that is acceptable to the county and includes any costs of processing.

C.

The amount of the required surety may be reviewed every three years by the county and be adjusted as necessary.

ii.

If a telecommunications facility is abandoned, the owner of the facility shall dismantle and remove the facility and any accessory equipment within 90 days of receiving notice from the county stating that the facility is abandoned and demanding its removal in accordance with this subsection.

iii.

A telecommunications facility shall be considered abandoned if:

A.

It is not operated by any user for telephone, data, radio or television, or other forms of wireless communication for a continuous period of 12 months, or

B.

The FCC license for the tower expires and is not renewed within 12 months thereafter.

iv.

Removal of a telecommunications tower includes the removal of the tower structure above ground level, fence footers, and underground cables. Support buildings may remain with the consent of the owner of the tower site provided they comply with the provisions of this chapter.

9.

Erosion and sedimentation control regulations. Should the project require the disturbance of more than 10,000 square feet of land area, a land disturbance permit will be required prior to the commencement of construction activity on the site.

10.

Submission requirements. Each applicant requesting a conditional use permit for a telecommunications tower shall submit the following information with the conditional use permit application:

i.

A site plan consisting of a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by a licensed professional engineer, showing the location and dimensions of all improvements, including information concerning topography, zoning, vegetative buffers, tower height requirements, setbacks from property lines, drives, parking, fencing, landscaping, distances to adjacent uses and adjacent buildings, and the general location of all residential structures and residential zoning district boundaries within 2,000 feet of the proposed tower.

ii.

Written or graphic description of the nature and extent of tree coverage within 200 feet of the tower.

iii.

Each applicant for an antenna and/or telecommunications tower shall provide to the department an inventory of its existing facilities that are either within the locality or within five miles of the border thereof, including specific information about the location, height and existing use and available capacity of each tower. The department may share such information with other applicants applying for approvals or a conditional use permit under this article or other organizations seeking to locate antennas within the jurisdiction of the county, provided, however that the department shall not, by sharing such information, in any way represent or warrant that such sites are available or suitable.

iv.

A statement justifying the need for the project.

v.

A certification from a licensed professional engineer experienced with the design and operation of telecommunications towers and antennas that the emissions from the facility will not exceed the maximum permissible exposure (MPE) standards established by the Federal Communications Commission (FCC).

vi.

A certification from a licensed professional engineer, experienced with the design and operation of telecommunications towers and antennas that the emissions from the facility will not interfere with the radio, television or communication reception of any property owners in residence at the time of construction, or any other time.

vii.

Verifiable evidence from the applicant of the lack of space on suitable existing towers, buildings, or other structures to locate the proposed antennas and the lack of space on existing tower sites to construct a suitable tower for the proposed antenna. A certified statement from a licensed professional engineer must be provided if radio-frequency interference or signal quality is used as the rationale for eliminating colocation on an existing facility.

viii.

A signed statement from the applicant of the willingness and ability based on any lease agreement to allow colocation on the proposed tower and colocation of a second tower on the site, where appropriate. The statement must be signed by an officer of the company or individual authorized to commit the company.

ix.

A signed statement from the applicant describing the efforts to be taken to screen or camouflage the facility and reduce its visual impact. The statement should consider at a minimum design, height, location, and landscaping alternatives.

x.

A proposed construction schedule.

xi.

A figure depicting the radio frequency coverage (or propagation map) of the proposed facility and all nearby facilities. Propagation maps shall show a minimum of three signal intensities in milliwatts.

xii.

At least two actual photographs of the site that include simulated photographic images of the proposed tower. The photographs with the simulated image shall illustrate how the facility will look from adjacent roadways, nearby residential areas, or public building such as a school, church, etc. The county staff reserves the right to select the location for the photographic images and require additional images. The applicant at the county's request shall conduct balloon test to demonstrate the height of a proposed tower and provide the County with 48-hour notice of the test.

xiii.

One copy of the National Environmental Protection Act (NEPA) statement along with a signed statement from the applicant indicating the Federal requirements are met.

xiv.

The county may require other information deemed necessary to assess compliance with the ordinance.

(2)

Day care uses.

a.

Child day care center. Child day care facilities shall comply with the following standards:

1.

The facility shall comply with all applicable state regulations regarding the licensing and operations of child care facilities.

2.

Outdoor play areas shall be:

i.

Safely segregated from accessways, and parking, loading, or service areas; and

ii.

Not operated for outdoor play activities after 8:00 p.m.

3.

Vehicular access and circulation shall:

i.

Be designed to enhance the safety of children as they arrive and leave the facility; and

ii.

Provide a designated passenger pick-up and delivery area that includes at least one drop-off/pick-up space per 20 children and is located adjacent to the child day care center in such a way that children do not have to cross vehicular accessways to enter or exit the facility.

(3)

Health care uses.

a.

Hospital. Hospitals shall be:

1.

In compliance with all applicable state regulations regarding the licensing and operation of a hospital;

2.

Located on a site that has an area of at least five acres and fronts on or has direct access to an arterial or collector street;

3.

Served by a public water and wastewater system; and

4.

Include vehicular access and circulation systems and exterior signage that provides safe and separate emergency vehicle access to the hospital, with minimal conflicts with pedestrian or other vehicular traffic in the area.

b.

Nursing home. Nursing homes shall comply with the following standards:

1.

The nursing home shall comply with all applicable state regulations regarding the licensing and operation of a nursing home facility.

2.

The site shall have direct vehicular access to and from an arterial or collector street. There shall be no vehicular access to or from any local street, or any such access shall be located and designed to inhibit its regular use.

3.

The site shall include security provisions (e.g., fencing) that restrict patients from leaving the property without authorization.

4.

Accessory uses to a nursing home may include retail sales of foods and beverages, gifts, books and periodicals, and other convenience items, as long as such accessory retail uses are limited to a floor area not exceeding 1,000 square feet or ten percent of the building's gross floor area, whichever is less.

(4)

Open space uses.

a.

Cemetery. Except as otherwise stated, new cemeteries and expansions of existing cemeteries shall comply with the following standards:

1.

The cemetery shall comply with all applicable state and federal regulations regarding the licensing and operation of cemeteries.

2.

The cemetery shall include adequate space for the parking and maneuvering of funeral processions.

3.

If a cemetery use is combined with a funeral home or mortuary use, the combined use shall comply with the standards (including districts where permitted) applicable to each component use.

b.

Community garden. Community gardens shall comply with the following standards:

1.

Garden use shall be limited to production of produce for home consumption only.

2.

Overhead lighting in community gardens is prohibited.

3.

Signage is limited to a single, non-illuminated, flat sign of four square feet in area.

4.

Perimeter fencing, including trellises, is allowed in community gardens and is subject to the standards in section 83-466, Fences and walls.

5.

The community garden shall have an established set of operating rules addressing the governance structure of the garden, hours of operation, assignment of garden plots, and maintenance and security requirements and responsibilities.

(5)

Other institutional uses.

a.

Convention center. Convention centers shall:

1.

Be located on a parcel that has an area of at least five acres; and

2.

Be located within a building that is at least 500 feet from any RR-5, R-U, or R-2 District.

b.

Halfway house. Any halfway house shall be located at least 2,600 feet from any other halfway house.

c.

Place of worship.

1.

A place of worship with a seating capacity of more than 300 in the main assembly area that is located in an R-2 or VR Residential District shall be located on a parcel that fronts a minor arterial or collector street.

2.

A decision-making authority may grant modifications of the standards applicable to places of worship on finding that the modification is necessary to eliminate a substantial burden on religious exercise, as guaranteed by the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000 (42 U.S.C. § 2000), as amended. In doing so, the decision-making authority may impose conditions consistent with RLUIPA that will substantially secure the objectives of the modified standard and substantially mitigate any potential adverse impact on the environment or adjacent properties.

(6)

Transportation uses.

a.

Airport/airstrip. Airports/airstrips shall:

1.

Provide adequate area for safe take-offs and landings in accordance with standards of the Federal Aviation Administration (FAA); and

2.

Provide a type C perimeter buffer between the facility and any property used for single-family residential (SFR) and located within 500 feet of the facility (see section 83-461, Landscaping and buffers).

b.

Helicopter landing facility. Helicopter landing facilities shall:

1.

Provide adequate area for safe take-offs and landings in accordance with standards of the Federal Aviation Administration (FAA); and

2.

Provide a type C perimeter buffer between the facility and any property used for single-family residential (SFR) and located within 500 feet of the facility (see section 83-461, Landscaping and buffers).

(7)

Utility uses.

a.

Utility use, major. An electrical power facility, substation, or transmission station shall be set back at least 100 feet from all lot lines.

(e)

Commercial classification.

(1)

Adult uses.

a.

Adult book or video store; adult theater.

1.

Purpose. Adult uses are recognized as having certain serious and objectionable operational characteristics and potentially harmful secondary effects on adjacent areas, particularly when several adult uses are concentrated or when they are located in close proximity to residential neighborhoods and uses involving the assembly of children or other vulnerable or sensitive persons. Special regulation of these uses is necessary to ensure that these adverse effects do not contribute to the degradation or decline of surrounding neighborhoods. The primary intent of the following standards is to prevent the concentration of adult entertainment uses in any one location and separate them from residential neighborhoods and vulnerable uses.

2.

Separation standards.

i.

No adult use shall be located within 1,000 feet of another adult use, provided that this separation requirement shall not apply to adult uses located in a building with a common roof, a single entrance, and under single proprietorship.

ii.

No adult use shall be located within 1,000 feet of a residential zoning district.

iii.

No adult use shall be located within 1,000 feet of any of the following uses:

A.

Child day care center;

B.

Public or private school;

C.

Public park, playground, or outdoor recreation facility; or

D.

Place of worship.

3.

Obstruction of views into building required. All windows, doors, or other apertures in a building containing an adult use shall be blacked out or otherwise obstructed to prevent viewing of the interior of the building from outside.

4.

Exterior advertising, displays, and promotions restricted. Except for identification signage allowed in accordance with section 83-488, Signage, no advertisements, displays, or other promotional materials shall be shown or exhibited so as to be visible from a public sidewalk, street, or other public or semi-public area.

5.

Presentations in enclosed rooms. Any room or open space in an adult use that is used for a presentation characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas shall have at least 500 square feet of floor area.

(2)

Animal care uses.

a.

Animal shelter; pound; commercial kennel; veterinary clinic. Animal shelters, Pounds, commercial kennels, and veterinary clinics shall comply with the following standards:

1.

Any open runs or pens used to house animals shall be located at least 75 feet from any lot line.

2.

Animal wastes shall be removed and disposed of properly on a regular basis to keep the premises reasonably free of noxious odor. No animal wastes shall be disposed of at a county convenience center.

3.

Proof of vaccinations shall be provided for all dogs kept at the facility.

4.

All chemicals used at the facility shall be stored within the principal building and shall be disposed of at an appropriate waste facility.

5.

Accessory uses may include grooming services and retail sales of products and service incidental to the animal care use, as long as the accessory uses occupy no more than 25 percent of the total gross floor area.

(3)

Business support services uses.

a.

Conference or training center. Conference and training centers shall comply with the following standards:

1.

Snack bar, café, dining, and banquet facilities may be provided for employees, trainees, and conferees, provided the total gross floor area devoted to such facilities does not exceed 20 percent of the total floor area of the principal building.

2.

On-site recreational facilities may be provided for use by employees, trainees, or conferees.

3.

No products shall be sold on-site except those that are clearly incidental and integral to training programs and seminars conducted in the center (e.g., shirts, glasses and mugs, pens and pencils, and similar items bearing the logo of conference or seminar sponsors or participants).

(4)

Eating and drinking establishments.

a.

Bar or lounge; nightclub.

1.

Live music and entertainment with or without amplification is permitted.

2.

A bar, lounge, or nightclub serving as an accessory use to a principal use shall comply with the standards in division 2, Standards for Accessory Uses and Structures, of this Article VII.

b.

Brewpub. A brewpub shall comply with all state Alcoholic Beverage Control (ABC) laws with respect to restaurants.

c.

Restaurant, with drive-through service. Restaurants with drive-through service shall comply with the following standards:

1.

Drive-through facilities shall be located at least 100 feet from any residential zoning district.

2.

Drive-through service facilities shall be designed with a sufficient number of vehicular stacking spaces to comply with the standards in section 83-455, Off-street parking and loading, and to avoid obstructions to vehicular movement along adjacent streets, through parking areas, and in front of buildings.

3.

Drive-through service facilities shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between customer parking spaces and building entrances.

(5)

Recreation/entertainment uses.

a.

Arenas, stadiums, and amphitheaters. Outdoor arenas, amphitheaters, and stadiums shall:

1.

Be located at least 500 feet from existing child day care centers and residential zoning districts.

2.

Be located on a site or parcel with an area of at least five acres.

3.

Be located on a site or parcel that, at the primary point of access, has at least 200 feet of frontage on an arterial street.

4.

Locate access points to minimize traffic to and through local streets in residential neighborhoods.

5.

Provide safety fences, up to the height of eight feet, as necessary to protect the general health, safety, and welfare.

b.

Rural event venues. Rural event venues shall comply with the following standards:

1.

The minimum lot size for a rural event venue shall be ten acres.

2.

The maximum combined floor area of any structures associated with the rural event venue shall not exceed 2,500 square feet for every ten acres of parcel area.

3

All buildings, parking areas, loading areas, campsites, recreation areas, and other indoor or outdoor uses shall be located at least of 200 feet from any property line and at least 300 feet from an existing residential dwellings on an adjacent parcel.

4.

Overnight accommodations shall be accessory to the primary use of rural event venue and shall not be open to the general public as a standalone use. The maximum length of stay for any guest(s) shall be seven consecutive days.

5.

The use of amplified music, public address systems, or similar activities outside of a permanent, enclosed structure shall not be permitted.

(6)

Retail sales and service uses.

a.

Auction facility. Auction facilities shall comply with the following standards:

1.

The facility shall operate only between the hours of 6:00 a.m. and 10:00 p.m.

2.

The facility shall meet VDOT entrance requirements. Parking may be paved or graveled surface.

b.

Bank or financial institution with drive-through service; drugstore or pharmacy with drive-through service banks, other financial institutions, and drugstores or pharmacies with drive-through service shall comply with the following standards:

1.

The drive-through service facilities shall be located at least 100 feet from any residential zoning district.

2.

Drive-through service facilities shall be designed with a sufficient number of vehicular stacking spaces to comply with the standards in section 83-455, Off-street parking and loading, and to avoid obstructions to vehicular movement along adjacent streets, through parking areas, and in front of buildings.

3.

Drive-through service facilities shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between customer parking spaces and building entrances.

c.

Convenience store. A convenience store use that is combined with a gas station use shall comply with the standards (including districts where permitted) applicable to each use, including the standards in subsection (e)(8)d., Gas station, below.

A convenience store located within the 711 Village Special Area Plan shall comply with the additional standards as follows:

1.

A convenience store is allowed only within a shopping center, and only within a building containing at least three uses other than a convenience store.

2.

All uses within the building shall be connected by party walls or partitions to form one continuous structure.

3.

Vehicular access shall be provided only via the shopping center's internal circulation system.

d.

Farmers' market. A farmers' market shall comply with the following standards:

1.

Items for sale may not be displayed or stored within customer pathways.

2.

The market shall have an established set of operating rules addressing the governance structure of the market, hours of operation, and maintenance and security requirements and responsibilities.

3.

The market shall have a manager authorized to direct the operations of all participating vendors during all hours of operation.

e.

Flea market. A flea market shall comply with the following standards:

1.

Items for sale may not be displayed or stored within customer pathways.

2.

If the flea market is conducted outdoors, all items for sale as well as display tables, booths, or any other non-permanent fixtures, must be returned to an enclosed structure at the end of the business day.

3.

The market shall have an established set of operating rules addressing the governance structure of the market, hours of operation, and maintenance and security requirements and responsibilities.

4.

The market shall have a manager authorized to direct the operations of all participating vendors during all hours of operation.

5.

The market shall have an established plan of ingress and egress.

f.

Shed sales, outdoors. The outdoor display and storage of sheds for sale shall comply with the following standards:

1.

Sheds shall be arranged on the lot in an organized manner.

2.

Sheds shall be located to maintain a clearance area in front of any primary building entrances for a depth of at least ten feet, projected straight out from the width of entrance doors.

3.

An obstruction-free area at least five feet wide shall be maintained through the outdoor display/sales area or between it and adjacent parking areas and the sales office or any primary buildings on the lot, so as to allow pedestrians and handicapped persons to safely and conveniently travel between parking areas or drive aisles.

4.

Areas dedicated to outdoor display/sales shall be generally level.

5.

The total area of permanent structures plus 25 percent of the total area of outdoor display/sales areas shall be used when calculating the required number of off-street parking spaces specified in section 83-455 (Off-street parking and loading).

6.

Sheds along the lot's frontage with any roadway:

i.

Units shall face the roadway along which they abut.

ii.

No signage shall be affixed to the façades of sheds (or other structures within the outdoor display/sales area) visible from the roadway.

iii.

Either a perimeter landscaping strip that adheres to standards set forth in section 83-461(d)(3) (Vehicular use area landscaping: Perimeter landscaping strips) shall be provided between the outdoor display/sales area and adjacent roadways, or the front and side areas surrounding sheds shall have a landscaped perimeter at least two feet in width containing landscaping, mulch, stone, or a decorative fence at least two feet in height.

g.

Other retail sales establishment. Other retail sales establishments shall comply with the following standards:

Other retail sales establishment located within the Courthouse Square Center District shall comply with the additional standards as follows:

1.

The maximum building footprint shall be no larger than 5,000 square feet, with the maximum total building size being no larger than 10,000 square feet.

2.

Freestanding or building mounted signage shall be smaller-scale and pedestrian oriented. Free-standing signs shall be no larger than eight square feet. Building mounted signs shall be no larger than 13 square feet.

3.

Items for sale may not be displayed or stored within pedestrian walkways.

(7)

Self-service storage uses.

a.

Self-service storage facility. Self-service storage or mini-warehouse facilities shall comply with the following standards:

1.

Site layout.

i.

The lot shall have an area of at least one acre.

ii.

If the use includes multiple buildings, the buildings shall be spaced at least ten feet apart.

2.

Operation.

i.

The only commercial uses permitted on-site shall be the rental of storage bays, the pickup and deposit of goods or property in dead storage, and the incidental sales or rental of moving supplies (e.g., boxes) and equipment (e.g., dollies). Storage bays shall not be used to conduct any commercial or industrial activity, including garage sales or retail sales of any kind, the manufacture, fabrication, or processing of goods, or the servicing or repair of vehicles, small engines, or electrical equipment.

ii.

Individual storage bays or private postal boxes within a self-service storage facility use shall not be considered premises for the purpose of assigning a legal address.

iii.

No more than one security or caretaker quarters may be developed on the site and it shall be integrated into the building's design.

iv.

Except as otherwise authorized in this subsection, all property stored on the site shall be contained entirely within enclosed buildings.

v.

Hours of public access to a self-storage use abutting a residential zoning district or existing residential use shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.

vi.

If a self-service storage facility use is combined with a vehicle or equipment sales or rental use (beyond the incidental sales or rental authorized in subsection i. above, the combined use shall comply with the standards (including districts where permitted) applicable to each use, including the standards in subsection (e)(8)h., vehicle/equipment sales or rental, below.

3.

Storage of recreational vehicles and boats. Open storage of recreational vehicles (RVs) and pleasure boats of the type customarily maintained by persons for their personal use is allowed within a self-service storage facility use provided that the following standards are met:

i.

The storage shall occur only within a clearly delineated and designated area.

ii.

Outdoor storage areas shall be located to the rear of the principal structure and comply with the standards in division 2, Standards for Accessory Uses and Structures, of this Article VII.

iii.

Storage shall not occur within required yards.

iv.

Vehicles shall be allowed on the premises overnight for storage only.

4.

Parking and circulation.

i.

Interior parking shall be provided in the form of aisleways adjacent to the storage bays. These aisleways may be used both for circulation and temporary customer parking while using storage bays. The minimum width of these aisleways shall be 21 feet if only one-way traffic is permitted, and 30 feet if two-way traffic is permitted.

ii.

The one- or two-way traffic flow patterns in aisleways shall be clearly marked. Marking shall consist, at a minimum, of standard directional signage and painted lane markings with arrows.

iii.

Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning radii of aisleways.

iv.

All accessways shall be paved with asphalt, concrete, or comparable paving materials.

5.

Building appearance.

i.

Buildings shall be oriented perpendicular to adjacent streets or otherwise designed so that garage doors into individual storage units are not visible from adjacent streets.

ii.

The exterior facades of all structures shall receive uniform architectural treatment, with complementary materials and colors. Exterior walls facing a public street or a single-family detached residential dwelling on adjacent property shall not include metal as a primary facade material.

(8)

Vehicle/equipment sales and service uses.

a.

Automotive painting or body shop; automotive repair and servicing. Automotive painting or body shops shall comply with the following standards:

1.

If the use has the capacity to service or temporarily store more than five vehicles, it shall be located at least 100 feet from any residential zoning district, school, or child day care center.

2.

The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.

3.

No operation associated with the use shall occur in a manner that impedes the normal free flow of vehicular or pedestrian traffic on adjacent street rights-of-way.

4.

Vehicles shall not be parked or stored as a source of parts.

5.

Repair and servicing of all vehicles shall occur within an enclosed building. All automobile parts, dismantled vehicles, and similar materials shall be stored within an enclosed building or an outdoor storage area that complies with the outdoor storage standards in section 83-438(p), Outdoor storage (as an accessory use).

6.

Vehicles that are repaired and are awaiting removal shall not be stored or parked for more than 30 consecutive days. If a vehicle is abandoned by its lawful owner before or during the repair or servicing process, it may remain on site after the 30 day period, provided the owner or operator of the establishment demonstrates steps are being taken to remove the vehicle from the premises using the appropriate legal means.

7.

If the use is combined with a vehicle/equipment sales or rental use, the combined use shall comply with the standards (including districts where permitted) applicable to each use, including the standards in subsection (e)(8)h., Vehicle/equipment sales or rental, below.

b.

Automotive wrecker service. Automotive wrecker service uses shall comply with the following standards:

1.

The use shall be located at least 250 feet from any residential district or existing residential use, school, or child day care center.

2.

The number of vehicles stored on-site shall be limited to 15 vehicles.

3.

Vehicles shall not be stored for more than 90 days.

4.

Outdoor vehicle storage may be allowed in an outdoor storage area that complies with the outdoor storage standards in section 83-438(p), Outdoor storage (as an accessory use).

c.

Car wash or auto detailing. Car wash and auto detailing uses shall comply with the following standards:

1.

Car wash facilities shall be designed with a sufficient number of vehicular stacking spaces to comply with the standards in section 83-455, Off-street parking and loading, and to avoid obstructions to vehicular movement along adjacent streets, through parking areas, and in front of buildings.

2.

If a car wash use is combined with a gas station use, the combined use shall comply with the standards (including districts where permitted) applicable to both uses, including the standards in subsection (e)(8)d., Gas station, below.

d.

Gas station. Gas stations shall comply with the following standards:

1.

If the gas station is located on a corner lot, the lot shall have an area of at least 30,000 square feet and a frontage of at least 150 feet on each street side. In all other cases, the lot shall have an area of at least 15,000 square feet and a lot width of at least 150 feet.

2.

The gas station shall be designed to ensure safe and adequate vehicle stacking, circulation, and turning movements.

3.

Gasoline pump canopies shall have a maximum clearance height of 15 feet, as measured from finished grade to the underside of the canopy, except where state or federal law requires higher clearances.

4.

If a gas station use is combined with a convenience store use or a car wash use, the combined use shall comply with the standards (including districts where permitted) applicable to each use, including the standards in subsection (e)(8)c., Car wash or auto detailing, above.

5.

If a gas station use is combined with a repair garage use, the combined use shall comply with the standards (including districts where permitted) applicable to each use, including the standards in subsection (e)(8)a., Automotive painting or body shop; automotive repair and servicing, above.

6.

If a gas station use is located within the 711 Village Special Area Plan, then the following additional standards shall apply:

i.

A gas station is allowed only within a mixed-use development or a shopping center;

ii.

Vehicular access shall be provided only via the mixed-use development's or shopping center's internal circulation system (not directly to an existing street);

iii.

The station shall be designed with the same architectural treatment as the mixed-use development or shopping center;

iv.

There shall be no more than two fuel dispensing islands, each with no more than double-sided fuel dispensing units.

e.

Parking lot or parking structure (as a principal use). Parking lots and parking structures developed as the principal use of a lot shall comply with the following standard:

1.

Parking shall be the principal use of the parking structure. Parking spaces may be rented for parking, and retail sales and service and office establishments may be located on the ground floor of the structure. No other business of any kind shall be conducted in the structure, including repair service, washing, display, or storage of vehicles or other goods.

f.

Tire sales and mounting. A tire sales and mounting use shall comply with the following standards:

1.

Mounting services shall occur within an enclosed building. Outdoor vehicle storage may be allowed in an outdoor storage area that complies with the outdoor storage standards in section 83-438(p), Outdoor storage (as an accessory use).

2.

All automobile parts, dismantled vehicles, and similar materials shall be stored within an enclosed building or an outdoor storage area that complies with the outdoor storage standards in section 83-438(p), Outdoor storage (as an accessory use).

g.

Truck stop. A truck stop shall meet the standards applicable to a gas station (subsection (e)(8)d., above) except that gasoline pump canopies shall have a maximum clearance height of 20 feet above grade except where state or federal law requires higher clearances.

h.

Vehicle/equipment sales or rental. Uses primarily involving the sales or rental of new or used automobiles, recreational vehicles (RVs), motorcycles, boats, trucks, tractors, or other mobile vehicles or equipment shall comply with the following standards:

1.

No vehicle or equipment displays shall be located within a required yard or perimeter buffer.

2.

The vehicle display pad may be elevated up to two feet above adjacent displays or grade level.

3.

No vehicles or other similar items shall be displayed on the top of a building.

4.

No other materials for sale shall be displayed between the principal structure and the street.

5.

If the use is combined with an automotive painting or body shop use or an automotive repair and servicing use, the combined use shall comply with the standards (including districts where permitted) applicable to each use, including the standards in subsection (e)(8)a., Automotive painting or body shop; automotive repair and servicing, above.

(9)

Visitor accommodation uses.

a.

Campground or recreational vehicle park. Campgrounds and recreational vehicle (RV) parks shall comply with the following standards:

1.

Size and density.

i.

The maximum density shall be 24 camping or RV spaces per acre.

ii.

The minimum area of a camping or RV space shall be 1,000 square feet.

iii.

The minimum width of a camping or RV space shall be 24 feet.

2.

Traffic circulation.

i.

Accessways in campgrounds and recreational vehicle parks shall be surfaced with paving or gravel and meet the following minimum width standards:

A.

One-way accessways with no parking: Twelve feet.

B.

One-way street with parking on one side, or two-way accessways with no parking: Twenty-four feet.

C.

Two-way accessways with parking on one side: Thirty-two feet.

D.

Two-way street with parking on both sides: Forty feet.

ii.

Turnarounds shall be provided for all dead-end roads over 100 feet in length. The minimum radius of a required turnaround shall be 80 feet.

3.

Screening. Recreational vehicle parks shall provide a type B perimeter buffer in accordance with section 83-461, Landscaping and buffers.

4.

Prohibition of permanent occupancy.

i.

Recreational vehicles shall not be used as permanent residences except by the owner, manager, or caretaker.

ii.

Removal of the wheels of a recreational vehicle, except for temporary purposes or to attach the vehicle to the ground for stabilizing purposes, is prohibited.

5.

Refuse disposal. Storage, collection and disposal of refuse shall be performed so as to minimize accidents, fire hazards, air pollution, odors, insects, rodents or other nuisances.

6.

Accessory uses. Accessory uses may include a management office, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to operation of a campground or RV park. In addition, stores, snack bars, restaurants, and other convenience establishments may be allowed as accessory uses subject to the following standards:

i.

Such establishments and parking areas primarily related their operation shall not occupy more than five percent of the gross area of the campground or RV park.

ii.

Such establishments shall be restricted in their use to occupants of the campground or RV park, or their guests, and shall not present any other evidence visible from any street outside the campground or park that would attract customers other than occupants and their guests.

iii.

Such establishments shall have direct vehicle accessible only from within the campground or park, and not from a public street.

b.

Hotel or motel. Hotels and motels shall comply with the following standards:

1.

Up to 15 percent of the gross floor area of a hotel or motel may be devoted to business-related accessory uses other than eating and drinking establishments—including management/employee offices, meeting rooms, business centers, banquet halls, retail services such as newsstands and gift shops, and similar uses—provided the use is conducted primarily to service hotel or motel guests and patron entrances to such uses are from inside the principal building.

2.

Up to 20 percent of the gross floor area of a hotel or motel may be devoted to eating and/or drinking establishments as an accessory use. The eating and/or drinking establishment(s) may have a patron entrance from outside the principal building.

(f)

Industrial classification.

(1)

Extraction uses.

a.

General standards. All extraction uses shall comply with the following standards:

1.

All equipment, buildings and premises used for such purposes shall be constructed, maintained, and operated in such a manner as to reduce, to the maximum extent possible, noise, dust, or vibrations that could be injurious to persons living in the vicinity.

2.

All vehicular accessways on the site and all access points onto the site from a public street shall be located to secure safety, to lessen congestion, and to facilitate transportation. Such accessways and access points shall be maintained as to eliminate any nuisance from dust to the neighboring properties.

(2)

Industrial service uses.

a.

General industrial services. General industrial services uses shall comply with the following standards:

1.

Repair of all motors and other large equipment shall occur within an enclosed building.

2.

Outdoor storage may be allowed in an outdoor storage area that complies with the outdoor storage standards in section 83-438(p), Outdoor storage (as an accessory use).

3.

The use shall use nonflammable liquids for any cleaning processes conducted on-site that emit no odor, fumes, or steam detectable to normal senses from off the premises.

b.

Heavy equipment repair and servicing. Heavy equipment repair and servicing uses shall comply with the following standards:

1.

The use shall be located at least 250 feet from any residential district or existing residential use, school, or child care center.

2.

Heavy equipment shall not be stored as a source for salvaged parts.

3.

All repairs of heavy equipment shall be conducted on a paved surface.

4.

The service bays shall not be oriented in the direction of the main road or highway providing access to the property.

5.

Outdoor storage of heavy equipment may be allowed in an outdoor storage area that complies with the outdoor storage standards in section 83-438(p), Outdoor storage (as an accessory use).

c.

Heavy equipment sales, rental, or storage. Uses primarily involving the sales, rental, or storage of heavy equipment shall comply with the following standards:

1.

The use shall be located at least 250 feet from any residential district or existing residential use, school, or child day care center.

2.

No heavy equipment displays shall be located within a required yard.

3.

The use shall not have more than one heavy equipment display pad for every 100 feet of street frontage.

4.

No heavy equipment shall be displayed on the top of a building.

5.

All lights and lighting shall be designed and arranged so no source of light is directly visible from any residential district or existing residential use.

6.

A sales, rental, or storage use with repair and servicing shall also comply with the standards in subsection (f)(2)b., Heavy equipment repair and servicing, above.

(3)

Manufacturing and production uses.

a.

Asphalt or concrete plant. An asphalt or concrete plant use shall comply with the following standards:

1.

The lot containing the use shall front on a paved public street with a right-of-way at least 50 feet wide.

2.

Any outdoor storage of equipment or materials shall be located to the rear of the principal structure and comply with the outdoor storage standards in section 83-438(p), Outdoor storage (as an accessory use).

3.

All areas used for outdoor storage shall have a hard surface that avoids dust and safeguards groundwater.

4.

The use shall be designed to ensure proper functioning of the on-site transportation circulation system.

5.

A type C perimeter buffer shall be provided along all perimeters of the site (see section 83-461, Landscaping and buffers).

6.

All exterior towers and equipment shall be rust-proofed.

b.

Manufacturing, assembly, or fabrication, heavy. Manufacturing, assembly, or fabrication, heavy uses shall comply with the following standards:

1.

The use shall be located at least 500 feet from any residential district or existing residential use, school, or child day care center.

2.

Outdoor storage areas shall be located to the rear of the principal structure and comply with the outdoor storage standards in section 83-438(p), Outdoor storage (as an accessory use).

3.

The use shall be designed to ensure proper functioning of the on-site transportation circulation system.

4.

All exterior towers and equipment shall be rust-proofed.

c.

Manufacturing, assembly, or fabrication, light. Light manufacturing, assembly, or fabrication uses shall comply with the following standards:

1.

In the CC District, a light manufacturing, assembly, or fabrication use is allowed only subject to the following standards:

i.

The use shall be within an enclosed building;

ii.

The building housing the use shall have a total gross floor area of 10,000 square feet or less;

iii.

The activities associated with the use shall have minimal environmental impacts—such as noise, pollution, and vibration—on surrounding area such that they are not detectable to the normal senses off the lot.

iv.

The use shall have an accessory retail and/or office use.

d.

Artisan food and beverage production. Artisan food and beverage production uses shall comply with the following standards:

1.

The use shall have a total gross floor area of 3,500 square feet or less, except that within the Light Industrial (I-1) District or Heavy Industrial (I-2) District the use shall have a total gross floor area of 5,000 square feet or less.

2.

The activities associated with the use shall be located within an enclosed building. No outdoor storage areas shall be permitted.

3.

The use may have an accessory retail and/or office use.

(4)

Warehouse and freight movement uses.

a.

Outdoor storage (as a principal use). Outdoor storage uses shall comply with the following standards:

1.

Areas used for outdoor storage shall be fully enclosed with a fence or masonry wall no less than eight feet high in accordance with section 83-466, Fences and walls. The height of materials and equipment stored shall not exceed the height of the screening fence or wall.

2.

A type C perimeter buffer shall be provided between the outdoor storage area and the front lot line, a type C buffer between the storage area and any lot line abutting a street, and a type B buffer between the storage area and any other lot line (see section 83-461, Landscaping and buffers).

3.

Customers and vehicles shall be allowed to circulate through the area used for outdoor storage.

b.

Truck or freight terminal and warehouse distribution and storage. Truck or freight terminals and warehouse distribution and storage uses shall:

1.

Be located at least 500 feet from any residential district or existing residential use, school, or day care center;

2.

Not locate storage areas within a required yard;

3.

Locate outdoor storage areas to the rear of the principal structure and comply with the outdoor storage standards in section 83-438(p), Outdoor storage (as an accessory use); and

4.

Be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.

(5)

Waste-related uses.

a.

Hazardous material collection site. Hazardous material collection sites shall:

1.

Be located on a site with an area of at least three acres;

2.

Be located at least 1,000 feet from any existing residential district, school, or child day care center;

3.

Be surrounded by a solid fence or concrete or masonry wall that is at least six feet high, located no less than 100 feet from any public right-of-way, and located no less than 50 feet from any adjacent property; and

4.

Comply with state hazardous material management regulations, permitting requirements, and permit conditions.

b.

Junkyard or salvage yard. Junkyards and salvage yards shall:

1.

Be located on a parcel with an area of at least three acres;

2.

Not be located within 50 feet of any property line (except that a freestanding office need only comply with generally applicable yard requirements); and

3.

Be screened with an opaque fence or wall no less than eight feet in height in accordance with section 83-466, Fences and walls. The height of materials and equipment stored shall not exceed the height of the screening fence or wall.

c.

Land clearing debris disposal facility. Land clearing debris disposal facilities shall comply with the following standards:

1.

The use shall be set back at least 300 feet from any residential district or existing residential use, school, or child day care center.

2.

A type C landscape buffer shall be provided around the perimeter of the lot (see section 83-461, Landscaping and buffers).

3.

Access to the use shall be controlled through the use of a fence, wall, gate, or other suitable device to prevent unregulated dumping.

4.

The use shall include measures to reduce the off-site transmission of noise or dust to the maximum extent practicable.

5.

The use shall comply with state solid waste management regulations, permitting requirements, and permit conditions.

d.

Resource recovery facility. Resource recovery facilities shall comply with the following standards:

1.

All processing of salvage and/or recycled materials shall be conducted entirely within an enclosed building.

2.

The facility shall be located at least 250 feet from any residential district or existing residential use, education use, or child day care center.

3.

Except for a freestanding office, no part of the facility shall be located within 50 feet of any property line.

4.

All loading or unloading of materials shall occur inside a building or by dock-type facilities designed to allow loading or unloading directly into a building.

5.

Outside storage of materials or equipment is prohibited.

6.

All loading and vehicular use areas shall consist of a durable asphalt or concrete surface which includes adequate onsite area for the stacking of trucks and trailers waiting to be loaded and unloaded.

7.

Only limited sorting, separation, or other processing of deposited materials shall occur on the site.

8.

There shall be no collection or storage of hazardous or biodegradable wastes on the site.

9.

The entire site shall be maintained at all times in a clean, litter-free condition and shall be cleared of loose debris on a daily basis.

10.

The use shall comply with any applicable state solid waste management regulations, permitting requirements, and permit conditions.

e.

Recycling drop-off center. Recycling drop-off centers shall comply with the following standards:

1.

The collection bin(s) shall be located in or adjacent to an off-street parking area and shall not occupy more than five percent of the total area of the parking area.

2.

The collection bin(s) shall be covered or have a lid and be maintained in good appearance, and the adjacent area shall be kept free of trash.

3.

The collection bin(s) shall be at least ten feet from any lot line.

4.

There shall be no collection or storage of hazardous or biodegradable wastes on the site.

5.

The center shall be screened on three sides with a solid fence or masonry wall in accordance with section 83-465, Screening. The height of materials and equipment stored shall not exceed the height of the screening fence or wall.

(6)

Wholesale uses.

a.

Wholesale trade establishment. Any outdoor storage component of a wholesale trade establishment use shall comply with the standards in section 83-438(p), Outdoor storage (as an accessory use).

(Ord. No. O-2013-07, 9-16-13; Ord. No. O-2014-29, 11-3-14; Ord. No. O-2015-06, 5-4-15; Ord. No. O-2017-06, 3-27-17; Ord. No. O-2019-05, 1-28-19; Ord. No. O-2019-11, 2-25-19; Ord. No. 2019-20, 4-24-19; Ord. No. O-2021-13, 6-28-21; Ord. No. O-2022-05, 2-28-22; Ord. No. O-2023-03, 3-27-23; Ord. No. O-2023-28, § 2, 12-18-23)

(a)

Purpose. This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. The purpose of this section is to allow a broad range of accessory uses, so long as such uses are located on the same site as the principal use and comply with the standards set forth in this section to reduce potentially adverse impacts on surrounding lands. Nothing herein shall be deemed to allow dump heaps, as defined herein, therefore keeping or maintaining a dump heap shall be prohibited on any property within the county.

(b)

Applicability.

(1)

Any use that is customarily incidental and subordinate to a principal use of the same lot is allowed as an accessory use to the principal use, and any structure that is detached from a principal structure on the same lot and incidental and subordinate in use and size to the principal structure and the principal use of the lot is allowed as an accessory structure to the principal structure and use, except that in the agricultural districts (A-20, A-10, and A-C) the accessory structure is allowed to exceed the size of the principal structure. Examples of accessory structures are garages, storage sheds, and barns.

(2)

Section 83-436, General standards for all accessory uses and structures, establishes general standards that apply to all allowed accessory uses and structures.

(3)

Section 83-438, Standards for specific accessory uses and structures, establishes standards that apply to particular types of accessory uses or structures regardless of the zoning district in which they are allowed or the review procedure by which they are approved, unless expressly stated to the contrary.

(4)

These standards may be modified by other applicable requirements in this Code. The uses are organized alphabetically.

(Ord. No. O-2013-07, 9-16-13; Ord. No. O-2013-09, 2-3-14; Ord. No. O-2019-15, 3-25-19)

(a)

Relationship to principal use or structure.

(1)

An accessory use or structure shall not be established or constructed before the establishment or construction of the principal use or structure.

(2)

If the principal use or structure is destroyed or removed, the accessory use or structure shall no longer be allowed.

(b)

Location of accessory uses and structures.

(1)

No accessory use or structure shall be located within any platted or recorded easement or over any known utility.

(2)

No accessory use or structure shall be allowed in an area designated as a fire lane or emergency access route on an approved site plan.

(3)

Except for flagpoles, fences, benches, or parking covers in designated parking areas, no accessory structure shall be located in an area designated as a parking area on an approved site plan.

(4)

No accessory structure shall be located in a required front yard except as allowed with Article XII, Interpretation.

(5)

Accessory structures may be located in a required side yard or rear yard, subject to any limitations in Article XII, Interpretation, provided that they shall occupy no more than 40 percent of the area of a required rear yard.

(6)

Unless otherwise provided above or Article XII, Interpretation, accessory uses and structures shall comply with the minimum yard standards applicable in the zoning district where the structure is located.

(Ord. No. O-2013-07, 9-16-13)

(a)

Accessory apartment. Accessory apartments shall comply with the following standards:

(1)

Accessory apartments are allowed as accessory uses only to single-family detached dwellings, and are not allowed as accessory uses to two-family dwellings, townhouse dwellings, multifamily dwellings, or manufactured homes.

(2)

Not more than one accessory apartment shall be allowed per single-family dwelling.

(3)

An accessory apartment shall be allowed only within the principal dwelling structure (e.g., a downstairs apartment) or attached to the principal dwelling structure.

(4)

The gross floor area devoted to an accessory apartment shall not exceed 35 percent of the total gross floor area of the principal dwelling to which it is accessory. The floor area of an accessory apartment shall not be included as part of the floor area of the principal dwelling for calculation purposes of applying limits on home occupations or similar limits imposed by this chapter.

(5)

The principal dwelling or the accessory apartment shall be occupied by the owner of the property.

(6)

At least one, but no more than two, off-street parking spaces shall be provided for an accessory apartment in addition to off-street parking required for the principal dwelling.

(7)

The addition of an accessory apartment to a single-family detached dwelling shall not change the status of the dwelling as a single-family detached dwelling or the lot as the site of a single-family detached dwelling for purposes of applying intensity and dimensional standards.

(b)

Accessory dwelling unit (detached). Accessory dwelling units as detached structures shall comply with the following standards:

(1)

Detached accessory dwelling units are allowed as accessory uses only to single-family detached dwellings, and are not allowed as accessory uses to two-family dwellings, townhouse dwellings, multifamily dwellings, or manufactured homes.

(2)

Not more than one detached accessory dwelling unit shall be allowed per single-family dwelling.

(3)

A detached accessory dwelling unit may not be located within required yards.

(4)

The gross floor area devoted to a detached accessory dwelling unit shall not exceed 35 percent of the total gross floor area of the principal dwelling to which it is accessory, except that within the A-10 zoning district a detached accessory dwelling unit shall not exceed 50 percent of the total gross floor area of the principal dwelling to which it is accessory. The floor area of a detached accessory dwelling unit shall not be included as part of the floor area of the principal dwelling for calculation purposes of applying limits on home occupations or similar limits imposed by this chapter.

(5)

The principal dwelling or the detached accessory dwelling unit shall be occupied by the owner of the property.

(6)

At least one, but no more than two, off-street parking spaces shall be provided for a detached accessory dwelling unit in addition to off-street parking required for the principal dwelling.

(7)

The addition of a detached accessory dwelling unit to a single-family detached dwelling shall not change the status of the dwelling as a single-family detached dwelling or the lot as the site of a single-family detached dwelling for purposes of applying intensity and dimensional standards.

(8)

Except within the A-10 zoning district, a detached accessory dwelling unit must be of conventional site-built construction, be assembled and inspected on-site, and meet the requirements of the adopted building code for residential dwellings. Within the A-10 zoning district, a detached accessory dwelling unit may be a manufactured home, provided that:

a.

The structure complies with use standards set forth in section 83-432(c)(1)c. for manufactured home dwellings.

b.

Brick, stone, or other materials with a similar appearance, durability, and quality shall be used as a skirting/foundation material.

c.

The primary street-facing façade shall incorporate at least three of the following architectural features:

1.

A covered porch that is at least 40 square feet in area, with a minimum depth of at least five feet;

2.

Shutters adjacent to all windows;

3.

Two or more types of exterior cladding (excluding skirting/foundation and roofing materials); and/or

4.

A front-facing gable at least eight feet wide on a portion of the façade.

(c)

Amateur radio antenna. Amateur radio (ham radio) antennas shall comply with the following standards:

(1)

The antenna shall not exceed a height of 200 feet above grade.

(2)

An antenna attached to a principal structure shall be located on a side or rear elevation of the structure.

(3)

A freestanding antenna shall be located to the rear of the principal structure on the lot, but set back from any lot line by a distance equal to or exceeding its height.

(4)

The administrator may grant modifications of the above standards if the amateur radio operator can satisfactorily demonstrate that the modification is necessary to reasonably accommodate the operator's amateur radio communications needs, as guaranteed by federal and state law.

(d)

Bed and breakfast inn. A bed and breakfast inn is allowed as accessory to a dwelling in accordance with the following standards:

(1)

No more than ten guest rooms may be made available to transient visitors.

(e)

Canopy, nonresidential drive-through. Drive-through canopies for nonresidential uses shall comply with the following standards:

(1)

For canopies serving gas station uses, travel lanes for vehicular circulation located beneath the canopy shall be considered as part of a gas pump canopy for purposes of measuring front yard depths.

(2)

The form, pitch, and materials used for the roof of a canopy covering a drive-through service facility shall be designed to appear as an extension of the roof covering the principal structure.

(3)

Canopies shall have a maximum height of 15 feet, as measured from finished grade to the underside of the canopy.

(4)

The canopy's design and exterior materials, including any columns, shall match or complement the design and exterior materials used for the principal building.

(5)

Canopies covering fuel pumps may include logos or trademarks, but shall not include any other signage or advertising.

(6)

In addition to meeting the standards in section 83-469, Exterior lighting, canopies shall not be internally illuminated and any exterior lighting associated with a canopy shall be shielded so that the source of illumination is not visible from off-site areas.

(f)

Clubhouse. Clubhouses are allowed as accessory to a membership club, a townhouse or multifamily dwelling development, the residential portion of a mixed-use development, or a residential subdivision, in accordance with the following standards:

(1)

Food and beverages may only be sold to members or residents and their guests who are actually using the club facilities.

(2)

A clubhouse accessory to a residential subdivision development shall be proposed, reviewed, and developed in conjunction with the subdivision, or approved phase thereof.

(g)

Electric vehicle (EV) level 1 or 2 charging station. Electric vehicle (EV) Level 1 or Level 2 charging stations are allowed as accessory to any principal use, subject to the following standards:

(1)

Except where accessory to a single-family, two-family, or mobile home dwelling, EV charging station spaces shall be posted with signage that identifies: the space as reserved only for the charging of electric vehicles; amperage and voltage levels; any enforceable time limits or tow away provisions; and contact information for reporting nonoperating equipment or other problems.

(2)

EV charging station equipment shall be located so as not to interfere with vehicle, bicycle, or pedestrian access and circulation, or with required landscaping.

(h)

Electric vehicle (EV) level 3 charging station. Electric vehicle (EV) Level 3 charging stations are allowed as accessory to principal uses, subject to the following standards:

(1)

In crossroads (CR), village center (VC), commerce center (CC), industrial (I-1 or I-2), office (O), commercial (C), and planned development (-PD) districts, EV level 3 charging stations are allowed as accessory uses to automotive repair and maintenance facilities, gas stations, parking lots or parking structures, and any other permitted principal use.

(2)

In agricultural (A-20, A-10, or A-C) and Village Residential (VR) Districts, EV level 3 charging stations are allowed as accessory uses to agriculture and agriculture-related uses, multifamily and townhouse dwellings, manufactured home parks, assisted living facilities, continuing care retirement communities, and permitted nonresidential principal uses.

(3)

Except where accessory to an agriculture use, EV charging stations shall be posted with signage that identifies: the space as reserved only for the charging of electric vehicles; amperage and voltage levels; any enforceable time limits or tow away provisions; and contact information for reporting nonoperating equipment or other problems.

(4)

EV charging station equipment shall be located so as not to interfere with vehicle, bicycle, or pedestrian access and circulation, or with required landscaping.

(i)

Fuel oil or bottled gas distribution or storage, limited. Limited fuel oil or bottled gas distribution or storage is allowed as an accessory use to convenience stores, grocery stores, retail sales establishments, gas stations, manufactured home parks, and campgrounds and recreational vehicle parks.

(j)

Home occupation. Home occupations are allowed as accessory to a dwelling use in accordance with the following standards:

(1)

No person other than members of the family residing in the dwelling unit shall be engaged in the home occupation, except that up to two persons who are not residents of the dwelling unit may be engaged in the home occupation through approval of a conditional use permit in accordance with Article II, Administration.

(2)

The home occupation use shall be clearly incidental and subordinate to the dwelling's use for residential purposes and shall not occupy an area exceeding 25 percent of the floor area of the dwelling unit. Up to 100 percent of the floor area of any accessory building may be used for the home occupation so long as no more than 25 percent of the combined floor area of the dwelling unit and accessory building(s) is used for the home occupation.

(3)

The home occupation shall cause no change in the external appearance of the dwelling or premises, and there shall be no visible external evidence other than a sign allowed in accordance with section 83-488, Signage, to indicate that the premises are being used for a home occupation.

(4)

No more than two vehicles solely dedicated to the home occupation use shall be parked on the premises at a given time, and shall not include heavy equipment or trucks exceeding 5,000 pounds net weight and having more than two axles. Any additional need for parking generated by the home occupation shall be met with off-street parking that is not located in a required front yard.

(5)

Any shipments or deliveries of products or supplies shall be limited to between the hours of 8:00 a.m. and 6:00 p.m. and shall regularly occur only via single rear axle straight trucks or smaller delivery vehicles generally used to serve residential neighborhoods.

(6)

No equipment or process shall be used in the home occupation that creates vibration, glare, fumes, odor, or electrical interference (including visual or audible interference with radio or television reception, or fluctuations in line voltage) that can be detected by the normal senses off the lot (if the home occupation is conducted in a single-family detached dwelling or a manufactured home), or outside the dwelling unit (if the home occupation is conducted in any other dwelling unit).

(k)

Home-based business. A home-based business allowed as an accessory use to a single-family detached dwelling or manufactured home dwelling shall comply with the following standards:

(1)

The operator of the business shall be the owner and occupant of the dwelling to which it is accessory.

(2)

No more than two persons who are not residents of the dwelling may be engaged in the home-based business.

(3)

The business use shall be clearly incidental and subordinate to the dwelling's use for residential purposes and shall not occupy an area exceeding 35 percent of the floor area of the dwelling unit. Up to 100 percent of the floor area of any accessory building may be used for the business use so long as no more than 35 percent of the combined floor area of the dwelling and accessory building(s) is used for the home-based business.

(4)

The home-based business shall cause no change in the external appearance of the dwelling or premises, and there shall be no visible external evidence other than a sign allowed in accordance with section 83-488, Signage, to indicate that the premises are being used for a home-based business.

(5)

No more than five vehicles associated with the business use (including vehicles used by nonresident employees, customers, delivery services, etc.) shall be parked on the premises at a given time, and shall not include heavy equipment or more than one truck exceeding 5,000 pounds net weight and having more than two axles. Any additional need for parking generated by the business use shall be met with off-street parking that is not located in a required front yard.

(6)

Any shipments or deliveries of products or supplies shall be limited to between the hours of 8:00 a.m. and 6:00 p.m. and shall regularly occur only via single rear axle straight trucks or smaller vehicles generally used to serve residential neighborhoods.

(7)

No equipment or process shall be used in the home-based business that creates vibration, glare, fumes, odor, or electrical interference (including visual or audible interference with radio or television reception, or fluctuations in line voltage) that can be detected by the normal senses off the lot.

(l)

Home-based landscaping business. Home-based landscaping business uses are allowed as accessory to a dwelling use in accordance with the following standards:

(1)

The use shall comply with the standards for home occupations in subsection (j), Home occupation, above, except that although the business may include employees other than resident family members, such employees are not permitted to work on the dwelling site.

(2)

Equipment used for the business shall be limited to residential or commercial mowing equipment and attachments, string trimmers, and a maximum of one trailer for transportation of such equipment.

(3)

Only one truck exceeding 5,000 pounds net weight and having more than two axles may be used in the conduct of the limited commercial landscaping business and parked on the dwelling site.

(m)

Home-based truck hauler business. A home-based truck hauler business allowed as an accessory use to a single-family detached or manufactured home dwelling shall comply with the following standards:

(1)

Only one truck or commercial vehicle exceeding 5,000 pounds net weight and having more than two axles shall be allowed, and it shall be parked outside of a required front yard.

(n)

Kennel, private. A private kennel is allowed as an accessory use in accordance with the following standards:

(1)

Residentially zoned lots or parcels on which the kennel is located shall have an area of at least two acres.

(2)

Residentially zoned lots or parcels containing less than two acres shall require a conditional use permit.

(o)

Outdoor display and sale of merchandise. Where the outdoor display and sales of merchandise is allowed as an accessory to retail sales and service uses and wholesale sales uses, it shall comply with the following standards, which are intended to allow such outdoor display and sales to the extent it does not impede the flow of pedestrian or vehicular traffic or create an unsafe condition:

(1)

Outdoor display/sales areas shall be depicted on any site plan for the principal use.

(2)

All outdoor display of goods shall be located immediately adjacent to the front or side of the principal building, and not in drive aisles, loading zones, fire lanes, or parking lots.

(3)

Outdoor display/sales areas shall be limited to no more than one-half of the length of the front or side of the principal building. In the case of a multitenant building, the total amount of outdoor display/sales area for all the in-line tenants combined shall not exceed one-half the aggregate length of the front of the building.

(4)

Outdoor display/sales areas shall be located to maintain a clearance area in front of primary building entrances for a depth of at least ten feet, projected straight out from the width of entrance doors.

(5)

A obstruction-free area at least five feet wide shall be maintained through the display/sales area or between it and adjacent parking areas for the length of the front building facade, so as to allow pedestrians and handicapped persons to safely and conveniently travel between parking areas or drive aisles to the building, or along the front of the building, without having to detour around the display/sales area.

(6)

No goods shall be attached to a building's wall surface.

(7)

The height of the outdoor display shall not exceed eight feet.

(8)

The outdoor display/sales area shall be located on an improved surface such as the sidewalk or pavement.

(9)

Outdoor display/sales areas shall not include hazardous and flammable materials, such as gasoline, oil, antifreeze, kerosene, poisons, pesticides, and similar items.

(p)

Outdoor storage (as an accessory use). Outdoor storage may be allowed as an accessory use in accordance with the following standards:

(1)

Each outdoor storage area shall be incorporated into the overall design of the principal structure on the site, and shall be located to the side or rear of the principal structure.

(2)

Goods stored in an outdoor storage area intended for sale or resale shall be limited to those sold on the premises in conjunction with the principal use.

(3)

Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by any combination of an opaque fence, wall, or landscaped berm that is at least six feet high.

(4)

Materials in outdoor storage areas shall not be stored higher than the height of the primary structure.

(5)

Flammable liquids or gases in excess of 1,000 gallons shall be stored underground.

(6)

No materials may be stored in areas intended for vehicular or pedestrian circulation.

(7)

Nothing herein shall be deemed to allow dump heaps, as defined herein, therefore keeping or maintaining a dump heap shall be prohibited as an accessory use.

(q)

Parking or storage of major recreational equipment on residential lots. The parking or storing of major recreational equipment on a lot used for residential purposes is allowed as an accessory use, provided the equipment is not [to] be used for living, sleeping, or housekeeping purposes while parked or stored on the lot.

(r)

Parking or storage of large vehicles. Except as expressly allowed in accordance with this chapter (e.g., in conjunction with a home-based business, home-based truck hauler business, or home-based landscaping business) or as used for activities incidental to permitted agricultural uses, no truck or commercial vehicle exceeding 5,000 pounds net weight and having more than two axles shall be parked or stored in a residential district. This prohibition shall not apply to vehicles used to provide a service to the property on which they are parked (e.g., delivery, solid waste pick-up, repairs) or vehicles used for construction activities on the property on which they are parked (e.g., cement mixers), provided such use is limited to the time reasonably necessary to provide the service or conduct the construction activity.

(s)

Private recycling bins. Private recycling bins shall comply with the following standards:

(1)

All drop-off and storage bins, with the exception of roll-out carts located in townhouse and multifamily developments and recycling containers located on education use sites, shall be located within an enclosed structure or screened from view in accordance with section 83-465, Screening.

(2)

Excluding screening, recycling bins shall occupy no more than 500 square feet.

(3)

The bins shall not occupy or block access to parking spaces or aisles.

(4)

All drop-off bins and roll-out carts shall have a lid or otherwise be covered. The bins shall not use portable shipping containers or tractor trailers for storage.

(5)

The bins shall be kept free of litter, debris, and residue.

(t)

Roadside stand. Roadside stands are allowed as accessory to an agriculture use in accordance with the following standards:

(1)

No more than one roadside stand per farm or other agricultural unit is allowed.

(2)

Sales shall be limited to agricultural products grown or produced on the site.

(3)

A roadside stand shall not exceed 200 square feet in area.

(4)

No roadside stand shall be located within 35 feet of any street right-of-way.

(u)

Satellite dish. Satellite dishes are allowed as accessory to any principal use or structure. Satellite dishes greater than three feet in diameter in a residential district, or greater than six feet in diameter in any other district, shall comply with the following standards to the extent such compliance does not unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of the dish, or preclude reception of an acceptable quality video programming signal. These standards shall be interpreted or enforced consistent with federal and state law.

(1)

In a residential district, satellite dishes may be located within a required side or rear yard, but shall not:

a.

Be located within a front yard, unless the lot owner can demonstrate that there is no possibility to avoid location in the front yard and still have an obstruction-free reception window to the satellite dish;

b.

Be located within five feet of any lot line; and

c.

Exceed a height of 15 feet above ground level, where mounted on a mast.

(2)

Satellite dishes may be located on the roof of a principal structure, provide it shall not extend more than 12 feet above the roof surface.

(3)

Satellite dishes shall be of a neutral and nonreflective color.

(4)

The administrator may grant modifications of the above standards if the lot owner or occupant can satisfactorily demonstrate that the modification is the minimum necessary to accommodate reception of an acceptable quality video programming signal, as guaranteed by federal law.

(v)

Shipping container as storage. Use of a shipping container or similar container for storage purposes is only allowed when accessory to an agriculture use (e.g., for storage of hay).

(w)

Small wind energy system. Small-scale wind energy systems are allowed as accessory to any principal use or structure in accordance with the following standards:

(1)

Location and setback.

a.

Tower-mounted wind energy systems shall not be located within a front yard.

b.

A small wind energy system shall be set back a distance equal to its total extended height (e.g., if on a roof, roof height plus the height of any tower extending from the roof) plus five feet from all property lines, public street rights-of-way, and overhead utility lines. Guy wires and other support devices shall be set back at least five feet from all property lines.

(2)

Height. The maximum extended height of a small wind energy system shall be the maximum height allowed in the zoning district plus 150 feet (in agricultural districts) or 50 feet (in all other districts).

(3)

Sound. Sound produced by the wind turbine shall comply with the noise standards in chapter 42, Article II, of the Code of Ordinances.

(4)

Blade clearance. The blade tip or vane of any small wind energy system shall have a minimum ground clearance of 15 feet, as measured at the lowest point of the arc of the blades. No blades may extend over parking areas, public right-of-ways, driveways, or sidewalks.

(5)

Lighting. No illumination of the turbine or tower shall be allowed unless required by the Federal Aviation Administration (FAA).

(6)

Access to tower. On a freestanding tower, any climbing foot pegs or rungs below 12 feet shall be removed to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood or similar barriers shall be fastened to the bottom tower section such that it cannot readily be climbed.

(7)

Signage prohibited. No wind generator, tower, building, or other structure associated with a small wind energy system shall include any signage visible from any public street other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification.

(8)

Utility notification. No small wind energy system intended to connect to the electric utility shall be installed until evidence has been submitted to the county that the relevant electric utility company has been informed of the customer's intent to install an interconnected customer-owned generator.

(9)

Abandonment. On determining that a wind turbine has been inoperable for six consecutive months, the administrator shall send the owner a notice and order requiring restoration of the system to operating order within six months after receiving the notice. If the owner fails to restore the system to operating condition within the six-month time frame, the owner shall be required, at the owner's expense, to remove the wind turbine from the tower for safety reasons. If the owner fails to remove the wind turbine from the tower, the county may pursue legal action to have the wind turbine removed at the owner's expense.

(x)

Solar energy collection system. Solar energy collection systems are allowed as accessory to any principal use or structure in accordance with the following standards:

(1)

The system may be located on the roof of a principal or accessory structure, on the side of such structures, on a pole, or on the ground in accordance with the standards in section 83-436(b), Location of accessory uses and structures.

(2)

The system shall comply with the maximum height standards for the zoning district in which it is located, including allowable exceptions thereto, provided that a roof-mounted system shall not extend more than 12 feet above the roofline of the structure on which it is mounted. Where an existing structure exceeds the applicable height limit, a solar energy collection system may be located on its roof irrespective of applicable height standards, provided the system extends no more than five feet above the roof surface.

(3)

The property owner is responsible for negotiating with other property owners in the vicinity to establish any solar easement deemed necessary to protect solar access for the solar energy collection system.

(y)

Television or radio antenna. A television or radio antenna is allowed as accessory to any principal use or structure provided it is attached to a side or rear elevation of the structure and extends no more than 15 feet above the highpoint of the structure.

(Ord. No. O-2013-07, 9-16-13; Ord. No. O-2018-24, 9-24-18; Ord. No. O-2019-15, 3-25-19)

(a)

Purpose. This section allows for the establishment of certain temporary uses and structures of limited duration, provided that such uses and structures do not negatively affect adjacent land, are discontinued upon the expiration of a set time period, and do not involve the construction or alteration of any permanent building or structure.

(b)

Applicability.

(1)

Subsection (c) below, Prohibited temporary uses and structures, lists several temporary uses and structures that are expressly prohibited.

(2)

Section 83-443, General standards for all temporary uses and structures, establishes general standards that apply to all allowed temporary uses and structures.

(3)

Section 83-445, Standards for specific temporary uses and structures, establishes standards that apply to particular types of temporary uses or structures regardless of the zoning district in which they are allowed or the review procedure by which they are approved, unless expressly stated to the contrary.

(4)

These standards may be modified by other applicable requirements in this Code. The uses are organized alphabetically.

(c)

Prohibited temporary uses and structures. Without limiting the standards of this Code, the following activities are prohibited in all districts:

(1)

Retail sales or display of goods, products, or services within the public right-of-way.

(2)

Retail sales or display of goods, products, or services from a motor vehicle, trailer, or shipping container.

(Ord. No. O-2013-07, 9-16-13)

Unless otherwise specified in this Code, any temporary use or structure shall:

(1)

Obtain a temporary use permit (if required) and any other applicable county or state permits;

(2)

Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;

(3)

Be compatible with the principal uses taking place on the site;

(4)

Not have substantial adverse effects or noise impacts on any adjoining permanent uses or nearby residential neighborhoods;

(5)

Not include permanent alterations to the site;

(6)

Meet all the yard depth and setback requirements of the underlying base and overlay zoning districts;

(7)

Comply with temporary signage standards in section 83-488, Signage;

(8)

Not maintain temporary signs associated with the temporary use or structure after the activity ends;

(9)

Not violate the applicable conditions of approval that apply to a site or a use on the site;

(10)

Not interfere with the normal operations of any permanent use located on the property; and

(11)

Be located on a site containing sufficient land area to allow the temporary use or structure to occur and accommodate associated pedestrian, parking, traffic movement without disturbing environmentally sensitive lands.

(Ord. No. O-2013-07, 9-16-13)

(a)

Farmers' market (as a temporary use). A farmers' market may operate as a temporary use in accordance with the following standards:

(1)

The market shall operate on a continuous basis for no more than six months per year on a single site.

(2)

The market shall renew all applicable temporary business permits once per calendar year.

(3)

Market sales shall be limited to the retail sale of fresh fruits and vegetables, herbs, mushrooms, nuts, honey, raw juices, molasses, dairy products, eggs, poultry, meats, fish, shellfish, fresh-cut or dried flowers, nursery stock, seedlings, plants, and other agriculture, aquaculture, and horticulture products produced by the vendor/producer, including the sale of products made by the vendor/producer from such agriculture, aquaculture, and horticulture products (e.g., baked goods, jams and jellies, juices, cheeses) and incidental sales of crafts or similar home-made products made by the vendor/producer.

(4)

The market shall provide adequate ingress, egress, and off-street parking areas.

(5)

Items for sale may not be displayed or stored within customer pathways.

(6)

The market shall have an established set of operating rules addressing the governance structure of the market, hours of operation, and maintenance and security requirements and responsibilities.

(7)

The market shall have a manager authorized to direct the operations of all participating vendors during all hours of operation.

(8)

The market shall comply with applicable signage standards in the section 83-488, Signage.

(b)

Estate sale/auction, garage or yard sale.

(1)

No estate sale/auction, garage, or yard sale shall occur for longer than three days.

(c)

Manufactured home use pending construction of conventional dwelling. A manufactured home dwelling may be used temporarily while the occupant constructs, rebuilds, or remodels a conventional dwelling as a primary residence, in accordance with the following standards:

(1)

Any permit authorizing the temporary manufactured home dwelling shall be conditioned on the permit being valid for a two-year period, subject to extensions in accordance with Article II, Administration.

(2)

The temporary manufactured home dwelling shall be placed on the same lot as the dwelling being constructed, rebuilt, or remodeled, or on an adjoining lot that the applicant owns or possesses exclusive leasehold rights to during the permit period.

(3)

If placed on the same lot as the dwelling being constructed, rebuilt, or remodeled, the temporary manufactured home dwelling is exempt from the minimum lot area standards of this chapter, provided approval by the county health department is obtained.

(d)

Model sales home/unit. A single model sales home/unit may be located on a new development site and temporarily used for sales or leasing uses associated with the development, subject to the following standards:

(1)

A model sales home shall be located on a lot or building site approved as part of the development, and a model sales unit shall be located within a building approved as part of the development.

(2)

The model sales home/unit shall be aesthetically compatible with the character of surrounding development in terms of exterior color, predominant exterior building materials, and landscaping. Bright, luminescent, or neon colors and highly reflective surfaces are prohibited.

(3)

The exterior of the temporary model sales home/unit shall not be used to display advertising other than signage authorized by section 83-488, Signage.

(4)

Adequate off-street parking for the real estate sales/leasing use of the model sales home/unit shall be provided, in accordance with the minimum standards for number of off-street parking spaces in section 83-455, Off-street parking and loading.

(5)

A model sales home/unit may be used for temporary sales/leasing use for a period of up to four years. This period may be extended for an unlimited number of additional six-month periods, for good cause shown, upon approval of a written request for such an extension submitted to the administrator.

(6)

Upon termination of the temporary real estate sales/leasing use of a model sales home/unit, the home/unit shall be converted into a permanent permitted use, replaced with a permanent permitted use, or removed, and any excess parking shall be removed and landscaped in accordance with the vehicular use area landscaping provisions of section 83-461, Landscaping and buffers.

(e)

Outdoor seasonal sales. A merchant may display and/or sell goods on a temporary basis, without establishing a permanent place of business, subject to the following standards. (The outdoor display and sale/rental of goods as accessory to an already established business is subject to the provisions of section 83-438(p), Outdoor storage (as an accessory use), and does not require a temporary business permit.)

(1)

The property contains an area not actively used that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, traffic movements, parking-space availability, or pedestrian access.

(2)

The display or sale of goods, products, and/or services shall not occur in the public right-of-way or within 100 feet of an existing residential use.

(3)

The display or sale of products, goods and/or services shall be limited in scope to similar or complementary products, goods, and/or services to those offered by the existing principal use located on the same site. The temporary sale of non-agricultural products, goods, and/or services that differ from the normal range of those offered by an existing principal use shall be prohibited.

(4)

Any tent or other temporary structure shall be located so as not to interfere with the normal operations of any permanent use located on the property.

(5)

Any tent or other temporary structures shall be located on an improved surface such as asphalt, gravel, or other improved surface.

(6)

Off-street parking shall be adequate to accommodate the proposed sale of products.

(7)

The temporary display or sale of products shall not cause interference with the movement of emergency vehicles to such an extent that adequate police, fire, or other emergency services cannot be provided.

(8)

The hours of operation of the temporary sale of products shall be from no earlier than 7:00 a.m. to no later than 10:00 p.m., or the same as the hours of operation of the principal use, whichever is less.

(9)

The temporary sales of agricultural products on an individual site shall be limited to no more than 60 days per calendar year. The temporary sale of non-agricultural products on an individual site shall be limited to no more than 20 total days per calendar year.

(f)

Post-disaster temporary dwelling. The post-disaster temporary dwelling may be an existing accessory structure on the lot, or a manufactured home, recreational vehicle, or other habitable structure placed on the lot, provided the temporary dwelling complies with the following standards:

(1)

The temporary dwelling shall meet all applicable health department regulations.

(2)

The temporary dwelling shall comply with any additional standards set forth in a declaration of emergency issued by authorized officials in response to the catastrophe.

(g)

Temporary business (other than outdoor seasonal sales). A temporary business other than outdoor seasonal sales (which are subject to standards in subsection (e) above, Outdoor seasonal sales) shall comply with the following standards:

(1)

The temporary business shall be located on the same lot as a previously approved commercial use, provided, however, that a temporary business may operate on a vacant lot provided that the access management standards in chapter 68, Subdivisions, in the Code of Ordinances are met before start of the temporary business.

(2)

The temporary business operator shall have written permission from the property owner to operate on the subject property and to use any existing parking.

(3)

There shall be a sufficient number of parking spaces on the property to meet the off-street parking required by the temporary business, in accordance with the standards in section 83-455, Off-street parking and loading.

(4)

Access to the temporary business shall be via an existing commercial entrance or legal nonconforming entrance serving an existing business.

(5)

Any permanent structures constructed for the temporary business shall be approved in accordance with Article II, Administration.

(6)

The temporary business shall not operate for more than a total of 180 days in any calendar year.

(7)

The temporary business shall comply with the standards for temporary business signage in section 83-488, Signage.

(8)

Temporary business owners that sell produce shall be required to post the place of origin of all produce being sold in a prominent on-site location.

(9)

Temporary business owners required to obtain a business license in accordance with chapter 18 of the Code of the County of Powhatan, Virginia and Code of Virginia § 58.1-3703 shall display a copy of the license in a prominent on-site location.

(h)

Temporary construction-related structure or facility. A temporary construction-related structure or facility shall comply with the following standards:

(1)

All temporary construction-related structures and facilities shall not be moved onto the project site prior to the issuance of a building permit and shall be removed within 30 days after issuance of the final certificate of occupancy for the constructed development.

(2)

A temporary construction-related structure or facility may be placed on a property adjacent to the construction site if site constraints make it infeasible to locate the structures or facilities on the construction site, provided the adjacent site is restored to its previous condition within 60 days after issuance of the final certificate of occupancy of the constructed development.

(3)

Parking for employees of the temporary construction-related structure and facility shall be provided.

(i)

Temporary family health care structure. A temporary family health care structure is allowed as an accessory use to a single-family detached dwelling in accordance with the following standards:

(1)

The caregiver shall be the owner or occupant of the single-family detached dwelling.

(2)

The caregiver shall be related by blood, marriage, or adoption to, or be the legally appointed guardian of, the mentally or physically impaired person occupying the temporary family health care structure.

(3)

The application for a zoning compliance permit authorizing the structure shall include written certification by a physician licensed in Virginia that the mentally or physically impaired person occupying the temporary family health care structure requires assistance with two or more activities of daily living, as defined in Code of Virginia § 63.2-2200.

(4)

Only one temporary family health care structure shall be allowed on the lot.

(5)

The structure shall be connected to the water, sewer, and electric utilities serving the principal single-family dwelling on the lot and shall comply with all applicable requirements of the Virginia Department of Health.

(6)

No signage advertising or otherwise promoting the existence of the structure shall be allowed on the exterior of the structure or elsewhere on the property.

(7)

The holder of the zoning compliance permit authorizing the structure shall provide the administrator evidence of compliance with these standards on an annual basis for as long as the temporary family health care structure remains on the lot.

(8)

The administrator shall be allowed to inspect the temporary family health care structure for compliance with these standards at reasonable times convenient to the caregiver.

(9)

The structure shall be removed from the lot within 60 days of the date on which the structure was last occupied by a mentally or physically impaired person receiving or in need of the required assistance.

(j)

Temporary second dwelling for an elderly or infirm family member. A temporary second dwelling for an elderly or infirm family member, where allowed as accessory to a single-family detached dwelling, shall comply with the following standards:

(1)

The elderly or infirm person occupying one dwelling shall be related by blood, marriage, or adoption to the occupant of the other dwelling.

(2)

The application for a conditional use permit authorizing this use shall include written evidence from a physician, psychologist, or other recognized authority that due to the advanced age or physical, emotional, or mental condition of the elderly or infirm person, continuous care by a family member is required, yet residence in the same dwelling is not practical or desirable.

(3)

The holder of the zoning compliance permit authorizing the structure shall provide the administrator evidence of compliance with these standards on an annual basis for as long as the temporary second dwelling remains on the lot.

(4)

The second dwelling may be either a single-family detached dwelling or a manufactured home.

(5)

The elderly or infirm family member may reside in the principal dwelling and the second dwelling may be occupied by the owner of the lot and dwellings.

(6)

If the dwelling occupied by the elderly or infirm person is also occupied by that person's spouse, the spouse may continue to reside in the dwelling until the conditional use permit expires.

(7)

Within one year after such time as occupancy of the second dwelling no longer complies with these standards, the second dwelling shall be removed from the lot or converted to a conforming use.

(Ord. No. O-2013-07, 9-16-13; Ord. No. O-2013-11, 11-18-13)