(A)

The standards contained in article II, District Regulations, shall apply to all of the following use types, unless specifically modified and/or superseded by the use and design standards in this article.

(B)

The standards listed herein as general standards shall apply in all zoning districts in which the use type is permitted, either by right or by-special use.

(C)

Where a specific zoning district is indicated; the use and design standards listed in this article shall apply to that zoning district, and shall be in addition to any general standard for that use.

(Ord. of 5-9-23)

Agriculture

General standards:

1.

Commercial uses such as gift shops and restaurants associated with viticulture operations shall only be allowed by special use permit.

Commercial feed lots

General standards:

1.

For the purposes of this use type, the following definitions shall apply:

Livestock: Includes all domestic or domesticated bovine animals, including but not limited to cattle; equine animals, included but not limited to horses; ovine animals, including but not limited to sheep, porcine animals including but not limited to hogs, and poultry included but not limited to turkeys or chickens.

Natural buffer: Any hill, trees, woodland or combination thereof which completely blocks the view of a commercial feedlot from public roads and any existing dwellings located on properties adjoining the commercial feedlot.

Operator: The owner or operator of a commercial feed lot, or the land on which the commercial feed lot is located.

Structure: Any building, structure, installation, storage container or storage site used in the operation of a commercial feed lot, including but not limited to feed storage bins, litter storage sites, incinerators, manure storage sites, poultry houses, poultry disposal pits and dead poultry cold storage chests.

2.

All commercial feed lots shall meet the following minimum acreage requirements.

Beef or dairy cattle: 60 acres for the first structure and 15 acres for each additional structure.

Swine: 50 acres for the first structure and ten acres for each additional structure.

Poultry: 15 acres for the first structure and five acres for each additional structure.

The expansion of any existing conforming commercial feedlot structure shall require an additional one acre of land for each 5,000 square feet (or part thereof) of structure addition. Commercial feedlots that are non-conforming on the effective date of this ordinance due to insufficient acreage as required above shall be considered non-conforming uses and shall be governed by the provisions of section 5-126 of this ordinance.

3.

Each commercial feedlot, with the exception of swine commercial feedlots, shall be set back a minimum of 300 feet from all existing dwellings not owned by the operator. Swine commercial feedlots shall be setback minimum of 1,500 feet. In addition, one of the following buffers shall be required:

a.

A natural buffer, or

b.

A buffer consisting of three staggered rows of native evergreens between existing dwellings and the commercial feedlot.

The administrator may reduce this buffer requirement with the written authorization of the adjacent property owner.

4.

Each commercial feedlot structure, with the exception of swine structures, shall be set back a minimum of 150 feet from all property lines and 150 feet from any public road. Swine structures shall be setback a minimum of 300 feet from any property line and 500 feet from any public road.

5.

No commercial feedlot shall be located within 1,500 feet of any incorporated town, residentially zoned district, public school, county-owned building, county, town or community recreation area, public well, public spring, public water intake or supply reservoir.

6.

The owner of any commercial feedlot constructed or completed after the effective date of this ordinance shall file with the administrator a plat or similar documentation showing the entire parcel or parcels on which the facility is located and also showing the location of the facility within the parcel or parcels. The owner shall submit with this plat a notarized sworn statement certifying that the facility shown on the plat meets all applicable setback requirements of this ordinance.

The owner shall also submit to the administrator for approval, a site plan meeting the requirements of section 4-100 of this ordinance. At a minimum this site plan shall show the number, size, and location of all existing and planned structures at the facility. Once this plan is approved by the administrator, the operator shall only be required to maintain setbacks from those dwellings that existed at the time of site plan approval. This plan shall be approved in accordance with the procedures and time frames contained in sections 4-100 through 4-108.

7.

At least one-third of the number of head of livestock or dairy animals, subject to this ordinance, or one poultry structure indicated in the site plan must be placed into service within 36 months of the date on which the site plan is approved by the administrator, unless at least one-third of the number of livestock, dairy or one such poultry structure is already in service on the subject parcel at the time the site plan is filed.

8.

The operator shall notify the administrator in writing within 30 days of placement into service of any structure indicated in his/her site plan.

9.

In the event an operator fails to build the proposed structure or have in place the minimum number of head required in the above section, or fails to obtain building permits for any of the structures indicated in his site plan within the prescribed three-year period, the administrator shall revoke approval of the site plan. All future site plans on the subject parcel shall conform to the requirements of this ordinance.

10.

Each parcel for which a site plan has been approved by the administrator shall display at its entrance a sign no smaller than two square feet, or larger than four square feet, clearly visible from the nearest roadway, indicating that a site plan is in effect for the parcel and containing the words "certified agricultural development site."

11.

Nothing herein shall be construed to prohibit an operator or a potential operator from submitting amendments to his or her original site plan or to submitting revised site plans at any time. The administrator shall approve the amended or revised site plan, following the procedure and standards in effect at the time that the amendments or revisions are submitted to the administrator.

12.

After the effective date of this zoning ordinance, no commercial feedlot shall commence operation until a nutrient management plan for the proposed facility has been reviewed and approved by the Virginia Department of Conservation and Recreation or by the Virginia Cooperative Extension Service or by a person certified or employed by the commonwealth as a nutrient management planner.

If off-site disposal is part of the nutrient management plan, the operator shall provide, as part of the nutrient management plan, written documentation of an agreement with the receiver of the wastes produced at the operator's facility or an affidavit, sworn and subscribed before a notary public, that states his/her intention to dispose of the waste through sale in retail establishments or otherwise marketing to consumers. Documentation shall specify the duration of the agreement and the nature of the application or use of the wastes.

A nutrient management plan containing such an agreement shall be valid only as long as the agreement remains in force and shall be reviewed whenever such an agreement expires or is terminated by either party. The operator shall notify the administrator whenever such an agreement is terminated before its stated expiration date within 15 days of such termination. In all cases, the producer shall own sufficient property to dispose of nutrients should agreements with other property owners cease to exist.

13.

The commercial feed lot shall also provide for a site, with or without a permanent structure, for the storage of animal wastes, meet all applicable standards of the commonwealth, and shall meet the following requirements:

a.

Be located on the same parcel as the facility to which it is an accessory use.

b.

Meet the setback requirements of this ordinance.

c.

Be certified by a professional engineer registered in Virginia that the site:

i.

Is located on an impermeable base (clay or synthetic); and/or

ii.

Is out of any drainage ways.

14.

Notwithstanding the above, if an operator is unable to locate a storage site on the same parcel of land because of insufficient acreage or topographical hardship, then the Administrator, after consultation with the operator's engineer, may permit the storage site to be located on adjacent land owned by the operator; or, if there is a valid agreement for off-site disposal as provided in this section, the Administrator may permit the storage site to be located on a parcel specified in the agreement for off-site disposal.

The nutrient management plan shall be reviewed and updated every five years by an agent of the state department of conservation and recreation or by the state cooperative extension service or by a person certified or employed by the commonwealth as a nutrient management planner.

15.

Aerial spraying of nutrients must take place a minimum of 500 feet from occupied dwellings other than the owners. Other forms of spraying and spreading the nutrients shall meet the setbacks of the individual nutrient management plans.

Distillery

A.

Agricultural products which are used by the distillery in the manufacture of its alcoholic beverages other than beer and wine are grown on the farm.

B.

The distillery shall be limited to 10 seats.

C.

The hours of operation for the distillery shall be between 9:00 a.m. and 10:00 p.m.

D.

The distillery shall be located on a lot or parcel adjacent to a state-maintained road.

E.

The distillery shall have no more than 3,000 square feet of floor area, for the production and packaging of alcoholic beverages other than beer or wine for retail sale and for the tasting or consumption of alcoholic beverages other than beer or wine.

F.

The operation shall be in compliance with all Virginia Department of Health and Virginia Department of Transportation regulations and requirements.

G.

The distillery shall receive approval and meet the requirements of the Prince Edward County Building Inspections Department.

H.

The distillery shall be in compliance with all Alcohol Beverage Control laws and regulations.

I.

The distillery is subject to the requirements of Prince Edward County Code § 5-104 regarding permits.

Farm winery

Where allowed, farm wineries shall meet the following requirements:

A.

The following uses, events and activities are permitted at a farm winery:

(1)

The production and harvesting of fruit and other agricultural products and the manufacturing of wine;

(2)

The on-premises sale, tasting, or consumption of wine during regular business hours within the normal course of business of the licensed farm winery;

(3)

The direct sale and shipment of wine by common carrier to consumers in accordance with Title 4.1 and regulations of the Alcoholic Beverage Control Board;

(4)

The sale and shipment of wine to the Alcoholic Beverage Control Board, licensed wholesalers, and out-of-state purchasers in accordance with Title 4.1, regulations of the Alcoholic Beverage Control Board, and federal law;

(5)

The storage, warehousing, and wholesaling of wine in accordance with Title 4.1, regulations of the Alcoholic Beverage Control Board, and federal law;

(6)

The sale of wine-related items that are incidental to the sale of wine; and

(7)

Private personal gatherings held by the owner of a licensed farm winery who resides at the farm winery or on property adjacent thereto that is owned or controlled by such owner at which gatherings wine is not sold or marketed and for which no consideration is received by the farm winery or its agents differently from private personal gatherings by other citizens.

B.

A farm winery may host usual and customary activities, including, but not limited to, group tours/tastings, private parties, owners' private events, charter tours (i.e., buses, limousines), business meetings, educational seminars, wedding receptions, wedding ceremonies, class/family reunions, showers (i.e., baby, bridal), similar events and activities for nonprofit organizations; and similar events and activities as determined by the Zoning Administrator; provided, however, that a special use permit shall be required when more than 100 persons are in attendance at any organized farm winery event.

C.

An accessory gift shop shall be permitted. A gift shop shall be defined as any bona fide retail store selling, predominantly, gifts, books, souvenirs, specialty items, collectibles and crafts relating to wine, wine making and associated food/cooking. Such shop shall be a permanent structure where stock is displayed and offered for sale and which has facilities to properly secure any stock of wine.

D.

Restaurants shall not be permitted. Catering shall be permitted as a de minimus use as part of the winery operation. Prepackaged foods such as cheese, meat, and crackers may be offered.

E.

Outdoor amplified music arising from activities and events at farm wineries shall be in compliance with the Prince Edward County Noise Ordinance, as amended.

F.

(Reserved)

G.

The farm winery is subject to the requirements of Prince Edward County Code § 5-104 regarding permits.

H.

The regular business hours for the farm winery shall be between 9:00 a.m. and 10:00 p.m.

I.

Any parking space(s) designated for handicap access shall be connected to a paved or otherwise hard-surfaced travelway, sidewalk or path of sufficient width to facilitate the maneuverability and operation of a wheelchair connecting the parking space(s) to and from all buildings which guests of the farm winery are authorized to visit.

Kennel, noncommercial

A.

For the purposes of this section, a noncommercial kennel shall be defined as a place where five or more dogs that are six months in age or older, are owned, boarded, housed, or offered for sale.

B.

Any structure and/or area occupied by dogs (runs, training areas, pens and/or dwelling) shall be no closer than 200 feet from any neighboring residence, and set back 50 feet from any property lines.

C.

Any exterior structure and/or area occupied by animals (runs, training areas, pens, etc.) shall be enclosed by a fence not less than four feet in height; located within 50 feet of the structure; composed of materials approved by the Zoning Administrator; and installed within 60 days of approval. If individual cages or enclosures are used to separate individual dogs from other animals, the cage shall accommodate no more than one dog and shall be sized to allow adequate space for movement as following: The length and width shall be a minimum of three times the dog's length (nose to tail) and a minimum of four feet high.

D.

When adjoining a residential use, landscaping separation buffers and screens shall be provided along the property line as described in § 4-200.3.

E.

The kennel shall be cleaned of animal waste and disposed of properly.

F.

Upon request, the kennel owner shall provide to the Zoning Administrator copies of inoculation and/or vaccination certificate, including rabies, issued for each dog. Additionally, copies of dog licenses are required as noted under Prince Edward County Code article III, division 2.

G.

The applicant shall meet all Virginia Department of Agriculture and Consumer Services, Virginia Department of Health, and Prince Edward County Animal Control requirements.

H.

The applicant shall allow agents of the Prince Edward County Planning Department and Prince Edward County Animal Control to inspect the property to ensure compliance.

Microbrewery

A.

Agricultural products, including hops, barley, other grains, or fruit utilized in the microbrewery operation, shall be grown on the farm where the microbrewery is established.

B.

The hours of operation for the microbrewery shall be between 9:00 a.m. and 10:00 p.m.

C.

Microbreweries shall be located on a lot or parcel adjacent to a state-maintained road.

D.

Beer can be sold for on- and off-premises use.

E.

The operation shall be in compliance with all Virginia Department of Health and Virginia Department of Transportation regulations and requirements.

F.

The operation shall be in compliance with all Alcohol Beverage Control laws and regulations.

G.

The microbrewery is subject to the requirements of Prince Edward County Code § 5-104 regarding permits.

H.

A microbrewery may host usual and customary activities, including, but not limited to, group tours/tastings, private parties, owners' private events, charter tours (i.e., buses, limousines), business meetings, educational seminars, wedding receptions, wedding ceremonies, class/family reunions, showers (i. e., baby, bridal), similar events and activities for nonprofit organizations; and similar events and activities as determined by the Zoning Administrator; provided, however, that a conditional use permit shall be required when more than 100 persons are in attendance at any organized microbrewery event.

I.

An accessory gift shop shall be permitted. A gift shop shall be defined as any bona fide retail store selling, predominantly, gifts, books, souvenirs, specialty items, collectibles and crafts relating to beer, brewing and associated food/cooking. Such shop shall be a permanent structure where stock is displayed and offered for sale and which has facilities to properly secure any stock of beer.

J.

Outdoor amplified music arising from activities and events at a microbrewery shall be in compliance with the Prince Edward County Noise Ordinance.

K.

Any parking space(s) designated for handicap access shall be connected to a paved or otherwise hard-surfaced travelway, sidewalk or path of sufficient width to facilitate the maneuverability and operation of a wheelchair connecting the parking space(s) to and from all buildings which guests of the microbrewery are authorized to visit.

Stable

(A)

General standards:

(None)

(B)

Stables shall comply with the following standards in R1, R2 and VC districts:

1.

Minimum lot size: two acres.

2.

On lots less than five acres no more than one stable animal per acre shall be permitted.

3.

Stables shall manage animal waste so as not to create a nuisance or health hazard to adjoining or nearby properties.

(Ord. of 1-12-21; Ord. of 5-9-23)

Accessory apartment

General standards:

1.

An accessory apartment shall only be considered accessory to a detached single family dwelling.

2.

At the completion of construction, no accessory apartment shall contain more than 40 percent of the finished floor area of the principal dwelling.

3.

No accessory apartment shall contain less than 300 square feet of finished floor area, or more than 1000 square feet of finished floor area.

4.

Only one accessory apartment shall be allowed per lot or per principal dwelling.

5.

The owner of the principal dwelling shall reside on the property.

Home occupations

(A)

These standards for home occupations are established in recognition that certain small scale business activities may be appropriate as an accessory use to a residential dwelling. The character and scale of the business activity must be clearly minor and subordinate to the principal use of the property as a residence.

(B)

General standards:

1.

All home occupations shall be operated by the resident occupants of the dwelling that is the location of the home occupation.

2.

No dwelling used for a home occupation shall be altered or used in any manner that would cause the dwelling to differ in character from a residential use.

3.

Signage shall not exceed a total of six square feet in size. Additional signage shall require a special use permit approved by the board of supervisors.

4.

The home occupation shall not require the use or storage of hazardous or toxic materials and no such material shall be associated with the home occupation.

5.

External storage of equipment or materials associated with the home occupation is only permitted if such equipment and materials cannot be seen from adjacent properties or public roadways.

6.

The volume and characteristics of traffic associated with the home occupation shall be consistent with the volume and characteristic of traffic associated with dwellings in the general area.

7.

The home occupation shall not involve the commercial delivery of materials or products to or from the premises. Incidental deliveries common to residential dwellings such as UPS, FEDEX and similar carriers shall be permitted.

8.

More than one home occupation may be located within a single dwelling provided the level of activity associated with all of the home occupations, when considered together, does not violate any of these general standards.

(C)

Application process:

1.

The administrator shall be responsible for reviewing all applications for home occupations.

2.

Applicants for home occupations shall complete a home occupation application and in doing so shall indicate compliance with the intent of these regulations and the general standards contained herein.

3.

If the administrator believes that a proposed home occupation will comply with the intent and general standards contained herein, the application for the home occupation shall be approved.

4.

If the administrator believes that a proposed home occupation will not comply with the intent and general standards contained herein, the administrator shall notify the applicant of the changes necessary to achieve compliance with these provisions. If the applicant disagrees with the opinion of the administrator, the administrator may, and at the request of the applicant shall, refer the application to the commission and board of supervisors which shall review the application as a special use permit pursuant to the provisions of this ordinance.

(D)

Enforcement: The administrator shall have the authority to require compliance with these provisions. When, in the opinion of the administrator, an operator of a home occupation violates the home occupation standards contained herein, the administrator shall require compliance pursuant to the procedures contained in section 5-114.

Manufactured homes

(A)

The following minimum standards are established in recognition that manufactured homes on individual lots of record are a viable housing option as permitted by special use permit in article II, District Regulations, R2 general residential district.

(B)

General standards:

1.

Only one manufactured home unit per residential lot of record in the general residential district.

2.

The manufactured home shall be placed on a continuous, permanent foundation.

Manufactured home, emergency

(A)

Intent: These regulations are adopted in recognition that temporary emergency housing options may be necessitated by fire, flood, or other unforeseen and sudden acts of nature.

(B)

General standards:

1.

The board of supervisors may authorize the emergency use of a manufactured home on any residential lot if the building official certifies that the permanent dwelling on the lot has been lost or destroyed by a fire, flood, or other unforeseen and sudden acts of nature, and as a result is uninhabitable.

2.

Only one emergency manufactured home shall be permitted on a lot of record. It shall be located on the same lot as the destroyed dwelling, and must be occupied only by the person or family whose dwelling was destroyed.

3.

The emergency manufactured home shall meet all setback and yard requirements for the district in which it is located. It shall be anchored and stabilized in accordance with applicable building code provisions.

4.

The emergency manufactured home must be removed as soon as reconstruction or replacement of the uninhabitable dwelling is complete, or within a twelve month period of its placement on the site, whichever is sooner. A one-time extension of up to six additional months may be granted by the board of supervisors if substantial reconstruction of the destroyed dwelling has occurred and work has, and is continuing to progress. No final certificate of occupancy for the reconstructed dwelling shall be issued until the emergency manufactured home is removed from the site.

(C)

Where the President of the United States has declared a federal disaster, the board of supervisors may authorize the placement of temporary manufactured homes supplied by the Federal Emergency Management Agency (FEMA) to disaster victims who lost their homes. In such cases all local zoning and building code requirements shall be waived in favor of FEMA standards.

Manufactured home park

(A)

Approval process:

1.

Manufactured home parks shall only be allowed in manufactured home park districts (MHP).

2.

Applicants wishing to develop a new manufactured home park or expand an existing park shall request an amendment to the official zoning map pursuant to the provisions of this ordinance. All requests for MHP districts shall be considered conditional rezoning requests.

3.

If the board of supervisors approves a new or expanded MHP district the applicant shall submit a site plan in accordance with section 4-100 of this ordinance. The submitted site plan shall be approved by the county prior to commencing development of the park.

(B)

General standards:

1.

The minimum lot size for any new or expanding park shall be three acres.

2.

Any new or expanding park shall have a minimum of 300 feet of frontage on a public street.

3.

Any new or expanding park shall have a minimum lot width of 300 feet at the adjacent public street, and any portion of the park devoted to the placement of manufactured homes shall have a minimum lot width of 100 feet.

4.

The health department shall be responsible for the review and approval of water and wastewater services.

5.

No portion of any new or expanded manufactured home park shall be located within any floodplain.

6.

A minimum of six lots in a manufactured home park shall be completed and ready for occupancy prior to occupancy of the first lot in the park.

(C)

Density and individual lot requirements:

1.

The maximum density of any new or expanding park shall be six manufactured home units per acre.

2.

New individual lots devoted to the placement of manufactured homes shall have a minimum area of 7,000 square feet and a minimum width of 30 feet.

3.

Each manufactured home lot shall have a pad constructed for the placement of the manufactured home. Each pad constructed shall be located to allow the placement of a manufactured home in full compliance with the area, lot and setback requirements contained herein.

4.

Each manufactured home shall be anchored to the pad in accordance with applicable building code requirements.

5.

Each manufactured home shall be skirted with a durable material within 30 days of placement of the manufactured home on the site.

(D)

Setback requirements: Manufactured homes on new individual lots within any new or expanded manufactured home park shall comply with the following minimum requirements:

1.

Front yard: 20 feet from any street or driveway interior to the park; 30 feet from any perimeter street or driveway.

2.

Side yard: 10 feet.

3.

Rear yard: ten feet.

(E)

Open space and recreational areas:

1.

Any new or expanded manufactured home park shall devote a minimum of 10 percent of the area of the park to recreational and open space uses.

2.

Areas of the park devoted to individual lots, streets, driveways, parking areas, and/or office or laundry facilities shall not be counted as open space or recreation areas.

3.

Open space and recreation areas may be passive or active. No area shall have a contiguous size of less than 5,000 square feet. The location and character of open space and recreation areas should be appropriate to meet the needs of park residents and shall include such facilities as recreation centers, swimming pools, athletic courts, bikeways, walking trails, picnic areas, tot lots and other similar facilities.

(F)

Management offices and resident services facilities:

1.

An office area devoted solely to the management of the park shall be allowed within the park.

2.

A convenience store, located within the building occupied by the management office, and designed to serve only the daily needs of the park residents may be located within the park. No signage associated with this use shall be allowed on the outside of this building, or be visible from any property or road outside the park.

3.

Management provided laundry and storage facilities shall be allowed within the park, provided these facilities are designed and located to primarily serve the needs of park residents. These facilities may be located within the management office building, or may be located elsewhere in the park.

(G)

Streets and parking:

1.

Private streets and driveways shall be allowed within the manufactured home park. All private streets and driveways shall be paved.

2.

Each manufactured home shall be provided a minimum of two parking spaces. These spaces may be located on the individual manufactured home lots, or may be located within common parking areas that are in a location convenient to the individual lots. The surface material of all parking areas shall be established by the county as part of the approval of the MHP district.

3.

In addition to the above, parking spaces shall be provided for the management office and all resident services facilities.

(H)

Status of existing parks: In manufactured home parks established prior to the adoption of these provisions, individual manufactured homes on existing lots may be removed and replaced, provided the replacement home is located in approximately the same location as the home removed.

Multi-family dwellings

(A)

Intent: The following minimum standards are intended to create a safe and healthy multi-family living environment. Setback and density regulations have been established to ensure an adequate separation between buildings.

(B)

General standards:

1.

Applicants for multi-family developments shall submit a site plan in accordance with section 4-100 of this ordinance. The submitted site plan shall be approved by the county prior to commencing development of the site.

2.

The following minimum lot areas shall be required for all multi-family dwelling units. The listed square footage requirements shall be in addition to a base minimum lot area required by the district regulations.

For the purposes of calculating minimum lot area requirements, any room, other than a living room, dining room or area, kitchen, or bathroom that could be used for sleeping purposes shall be counted as a bedroom.

3.

All multi-family dwellings shall be served by public water and sewer.

4.

A minimum 40-foot separation shall be provided between buildings containing multi-family dwellings. This minimum separation may be reduced to 20 feet if both facing walls contain no windows, doors or balconies, or the corners of adjacent buildings are at right angles to one another.

5.

Any new or expanded multi-family use containing over 20 units shall devote a minimum of ten percent of the area of the development to recreational and open space uses.

6.

Open space and recreation areas may be passive or active. The location and character of open space and recreation areas should be appropriate to meet the needs of residents and shall include such facilities as recreation centers, swimming pools, athletic courts, bikeways, walking trails, picnic areas, tot lots and other similar facilities.

Temporary family health care structures

(A)

As may be permitted in article II, District Regulations, temporary family health care structures shall be allowed provided the following standards are met:

1.

The structure is a transportable residential structure, primarily assembled at a location other than the site of its installation, having a gross area of no more than 300 square feet, and complying with applicable provisions of the Industrial Building Safety Law (Code of Virginia, § 36-70 et seq.) and the Uniform Statewide Building Code (Code of Virginia, § 36-97 et seq.). It is noted that if the manufactured home was manufactured on or after July 1, 1976, these provisions will normally be met.

2.

The occupancy of the structure is limited to one occupant who is a mentally or physically impaired person requiring a caregiver, or, in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person, and the other requires assistance with one or more activities of daily living. The caregiver shall be either the legally appointed guardian of or related by blood, marriage or adoption to the mentally or physically impaired person.

3.

The impairment in (2) above shall be certified in writing to the county by a physician licensed in the commonwealth.

4.

The structure shall comply with all setback requirements and shall be placed on the parcel in accordance with the provisions of section 4-400.9 of this ordinance. Only one family health care structure shall be allowed on a lot or parcel of land.

5.

The structure shall not be placed on a permanent foundation. It shall be connected to any water, sewer, or electric utilities that serve the primary residence on the property and shall comply with all applicable requirements of the Virginia Department of Health.

6.

The structure shall be removed within 60 days of the date on which it was last occupied by the impaired person in subsection 2 above, or the date on which the person is no longer in need of services.

7.

The structure must comply with a permit issued by the zoning administrator. Such permit may be revoked if the permit holder violates any provision of this section. Compliance may be established by annual inspection of the structure by the zoning administrator at a time convenient to the caregiver or by the requirement the applicant annually provide evidence of compliance as long as the structure remains on the property.

Short-term tourist rentals.

Where allowed, short-term tourist rentals shall meet the following requirements:

(A)

The owner of a dwelling unit to be used for a short-term tourist rental shall apply and receive a zoning permit and/or a conditional use permit from the Planning Department prior to utilizing the dwelling unit as a short-term rental. The permit shall be reviewed by planning staff on an annual basis to ensure compliance with the performance standards listed in this section, along with all conditions placed on the conditional use permit, if applicable. Prince Edward County may revoke a permit for repeated noncompliance with these performance standards.

(B)

The maximum number of occupants in the dwelling unit shall be determined according to permit approval received by the Prince Edward County Health Department; however, the maximum number of occupants shall not exceed 12.

(C)

Parking for the use shall be located in driveways or other designated and approved parking areas. The parking of vehicles is prohibited in or along all rights-of-way and in yards.

(D)

Property boundaries, or limitations within the property's boundaries where transients are allowed, must be clearly marked at all times.

(E)

There shall be no visible evidence of the conduct of such short-term rentals on the outside appearance of the property.

(F)

A fire extinguisher shall be provided and visible in all kitchen and cooking areas; smoke detectors shall be installed in all locations as identified in the Uniform Statewide Building Code; and a carbon monoxide detector must be installed on each floor in every dwelling.

(G)

The owner of a dwelling used for short-term tourist rentals shall give the county written consent to inspect any dwelling used for short-term rental to ascertain compliance with all the above performance standards upon a 24 hour notice.

(H)

A property management plan demonstrating how the short-term tourist rental will be managed and how the impact on neighboring properties will be minimized shall be submitted for review and approval as part of the permitting process to the Planning Department. The plan shall include local points of contact available to respond immediately to complaints, clean up garbage, manage unruly tenants and utility issues, etc. It shall also be posted in a visible location in the short-term rental. The contact numbers shall be provided to County staff, public safety officials and, if applicable, the HOA/POA of the subdivision. The plan must be provided as part of the rental contract.

(I)

If the property is located within a subdivision governed by a homeowners' association/property owners' association, the Planning Department must receive a recommendation of approval or disapproval from the HOA/POA to operate the short-term tourist rental.

(J)

The short-term tourist rental shall have a "land line" with local phone service. The phone number servicing the short-term tourist rental shall be included in the property management plan.

(K)

The owners of the tourist rental shall provide an emergency evacuation plan for the dwelling and the neighborhood.

(L)

A copy of chapter 46 article 2 of the Prince Edward County Code relative to noise must be provided at the short-term tourist dwelling.

(M)

Failure to comply with the approved conditions and/or supplemental regulations will subject the permit to revocation.

(N)

There shall be a minimum of 100 feet from the short-term tourist rental to all neighboring residences.

Townhouse

(A)

Intent: The following minimum standards are established in recognition that common-wall single family dwellings on individual lots of record are a viable housing alternative to conventional detached single-family dwellings. These standards are intended to allow flexibility in unit arrangements, unit size and yard space, thereby allowing the creation of efficient and economical housing arrangements.

(B)

General standards:

1.

Applicants for townhouse developments shall submit a site plan in accordance with section 4-100 of this ordinance. The submitted site plan shall be approved by the county prior to commencing development of the site. A final subdivision plat pursuant to the provisions of the county subdivision ordinance shall be approved prior to the sale of any townhouse lot.

2.

The minimum development size for any townhouse development shall be one acre. The maximum density of any townhouse development shall be ten dwelling units per acre.

3.

All townhouse developments shall be served by public water and sewer.

4.

Contiguous townhouse groupings shall contain a minimum of three units and a maximum of 12 units.

5.

The facades of contiguous townhouses shall be varied by staggered front yards and variations in design and materials. No more than four abutting townhouses shall have the same front yard setback and the same architectural treatment of facades and roof lines. The front yard stagger, when required, shall be a minimum of two feet.

6.

There shall be no minimum lot size for individual townhouse lots. However, each townhouse lot shall be of sufficient size and dimension to comply with the unit width and yard requirements of this section.

7.

The minimum lot/unit width for any townhouse shall be 16 feet.

8.

The minimum front yard setback, for any townhouse fronting on a public street shall be as specified in article II, District Regulations.

9.

When practical, all townhouses shall be arranged such that only the front or side of any unit shall face a public street. If site characteristics require that the backs of townhouses face a public street, then vegetative screening shall be required per the provisions of this ordinance. Such vegetative screening shall not be located in the required rear yard of any townhouse unit.

10.

The front yard setback for any townhouse unit fronting on any private drive, parking area, walkway or open space area intended for the common use of townhouse occupants shall be a minimum of 15 feet.

11.

In addition to any buffer yard requirements as specified in section 4-200.3 of this ordinance, the minimum side yard for any contiguous townhouse grouping adjacent to property outside the townhouse development shall be 25 feet. Where a grouping of townhouses adjoins a private drive, parking area or walkway intended for the common use of the townhouse occupants, a side yard of not less than ten feet shall be provided.

12.

There shall be a minimum rear yard of 25 feet for any townhouse unit.

13.

A minimum 40-foot separation shall be provided between groupings of townhouse units. This minimum separation may be reduced to 20 feet if both facing walls contain no windows, doors or balconies, or the corners of adjacent buildings are at right angles to one another.

14.

No required townhouse yard shall contain any parking area, driveway, or parking easement. Required yards shall be free of all physical improvements except for the following:

a.

Pedestrian walkways and sidewalks.

b.

Privacy fences in rear yards.

c.

Accessory buildings in rear yards. No accessory building shall exceed 100 square feet in size.

15.

The maximum height of any townhouse unit shall be three stories or 45 feet.

16.

A homeowner's association shall be created for each townhouse development. The homeowner's association shall be responsible for the perpetual maintenance of all open space, private roads, and common areas within the townhouse development.

(Ord. of 12-9-08; Ord. of 11-14-13; Ord. of 3-11-14; Ord. of 5-9-23)

Cemetery

General standards:

1.

Minimum parcel size: five acres.

2.

No interment shall occur within 25 feet of the property line.

3.

Private family cemeteries shall be exempt from these size and setback requirements but shall be designed and operated in accord with commonwealth law, including but not limited to Code of Virginia, tit. 57, ch. 3, § 57-26. The location of private family cemeteries shall be designated on a plat of record and filed with the clerk of court.

Substance abuse clinic

General standards:

1.

No substance abuse clinic may be constructed, developed or operated within 1,000 feet of any other such substance abuse clinic.

2.

No substance abuse clinic may be constructed, developed or operated within 500 feet of a residentially or agriculturally zoned district, or within 500 feet of property occupied or used for an educational facility, place of religious assembly, public park and recreation area or day care center.

3.

The minimum lot size for any substance abuse clinic shall be one acre.

4.

A special use permit, granted by the board of supervisors shall be required prior to the construction, development, or operation of any substance abuse clinic.

5.

The "establishment" of a substance abuse clinic as referred to in this section includes the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion, in whole or part, of an existing business to a substance abuse clinic.

Adult uses

General standards:

1.

No adult use may be constructed, developed or operated within 1,000 feet of any other such adult use in any zoning district.

2.

No adult use may be constructed, developed or operated within 500 feet of a residentially or agriculturally zoned district, or within 500 feet of property occupied or used for an educational facility, place of religious assembly, public park and recreation area or day care center.

3.

A special use permit, granted by the board of supervisors shall be required prior to the construction, development, or operation of any adult use.

4.

The "establishment" of an adult use as referred to in this section includes the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion, in whole or part, of an existing business to any adult use.

Automobile dealership, new

General standards:

1.

Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off-street parking areas as required by section 4-300.11 of this ordinance.

2.

A perimeter landscaping strip and landscaping shall be provided as required by section 4-200.7 of this ordinance.

3.

Exterior display or storage of new or used automobile parts is prohibited.

Automobile dealership, used

General standards:

1.

Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off-street parking areas as required by section 4-300.11 of this ordinance.

2.

A perimeter landscaping strip and landscaping shall be provided as required by section 4-200.7 of this ordinance.

3.

Exterior display or storage of new or used automobile parts is prohibited.

4.

Any vehicle which is missing major mechanical or body parts or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district.

Automobile repair services, major

General standards:

1.

All vehicles stored on the premises in excess of 72 hours shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district.

Bed and breakfast

General standards:

1.

No more than five guest sleeping rooms shall be utilized for a bed and breakfast. The maximum number of guest occupants at any one time shall not exceed 20 guests.

2.

Except in the C1 district, any building erected, enlarged or modified to accommodate a bed and breakfast shall maintain the appearance of a residence.

3.

Guests may stay no more than 30 consecutive nights in any one calendar year.

4.

Required parking areas for guests and employees shall be provided on-site.

Brewpub

A.

A microbrewery shall be the primary use of the property. The brewpub is permitted in conjunction with the microbrewery use.

B.

Agricultural products, including hops, barley, other grains, or fruit utilized in the microbrewery operation, shall be grown on the farm where the microbrewery is established.

C.

Full restaurant services and the serving of beer shall be permitted as part of the brewpub use. Beer can be sold for on- and off-premises use.

D.

The restaurant shall be limited to 50 seats.

E.

The hours of operation for the brewpub shall be between 9:00 a.m. and 10:00 p.m.

F.

Microbreweries shall be located on a lot or parcel adjacent to a state-maintained road.

G.

The operation shall be in compliance with all Virginia Department of Health and Virginia Department of Transportation regulations and requirements.

H.

The facility shall receive approval and meet the requirements of the Prince Edward County Building Inspections Department.

I.

The operation shall be in compliance with all Alcohol Beverage Control laws and regulations.

J.

The microbrewery is subject to the requirements of Prince Edward County Code § 5-104 regarding permits.

Commercial outdoor entertainment

General standards:

1.

The application for a special use permit shall include information indicating the individuals/business sponsoring the facility, the location and layout of the facility, identification of all adjoining property owners, the nature of events at the facility, the entertainment schedule or expected frequency of events, the estimated number of tickets to be sold or maximum number of people expected at the facility, and the plan for traffic management related to events at the facility.

2.

A detailed plan shall be submitted of all facilities to be provided in accordance with the following guidelines:

a.

Application to VDOT to determine whether a commercial entrance is needed. Provide for adequate off-site circulation and traffic controls to provide safe ingress and egress to the gathering without burdening the existing road network or substantially disrupting the normal flow of traffic.

b.

Adequate provisions for sanitation facilities, garbage and trash collection and disposal, and facilities for providing food and water.

c.

Identification of any lodging facilities provided for persons at the outdoor entertainment facility shall be provided.

d.

The sponsors shall provide for adequate medical facilities, fire protection and security of the site.

e.

Adequate on-site parking shall be provided for all employees and patrons of the gathering. The parking layout shall be determined in advance of the gathering, adequately marked on the site, and shall be supervised during the gathering in such a manner as to provide safe and convenient access to all patrons and employees, and to accommodate emergency service vehicles. In agricultural conservation areas, the parking design shall take steps to minimize impervious surface treatments.

f.

Any lighting installed for the gathering shall be directed away from adjoining properties. Lighting shall be turned off within one hour of the conclusion of the event and following departure of attendees.

g.

The level of any music and other noise created by the gathering shall be directed away from any adjoining residence and conclude by midnight if located in a district zoned agricultural.

h.

Notification procedures for neighboring properties if facility is located in an agricultural district.

3.

If an event shall arise which differs from the events originally approved, through the special use permit process, then a description of the event shall be provided to the zoning administrator, or designee, for review and recommendation.

Commercial indoor/outdoor sports and recreation

General standards:

1.

The application for a special use permit shall include information indicating the individuals/ business sponsoring the facility, the location and layout of the facility, identification of all adjoining property owners, the nature of events at the facility including proposed hours of operation, the type of audience that would seek the use of the facility, estimated number of tickets to be sold or maximum number of people expected at the facility at any one time, and the plan for traffic management related to the facility.

2.

A detailed site plan shall be submitted of all facilities to be provided in accordance with the following guidelines:

a.

Application to VDOT to determine whether a commercial entrance is needed. Provide for adequate off-site circulation and traffic controls to provide safe ingress and egress to the gathering without burdening the existing road network or substantially disrupting the normal flow of traffic.

b.

Adequate provisions for sanitation facilities, garbage and trash collection and disposal, and facilities for providing food and water.

c.

The sponsors shall provide for adequate medical facilities, fire protection and security of the site.

d.

Adequate on-site parking shall be provided for all employees and patrons of the use. The parking layout shall be determined in advance, and adequately marked on the site in such a manner as to provide safe and convenient access to all patrons and employees, and to accommodate emergency service vehicles. In agricultural conservation areas, the parking design shall take steps to minimize impervious surface treatments.

e.

Any lighting installed for the use shall be directed away from adjoining properties. Lighting shall be turned off within one hour of the conclusion of the facility business hours and following departure of patrons.

3.

Signs for the commercial outdoor sports or recreation facility shall adhere to the following standards:

a.

There may be one sign constructed as a ground sign or wall sign visible from the pubic road. Secondary signs may be used at the facility when not visible from public roads. All proposed signs shall be indicated on the site plan.

b.

Ground signs may not exceed four feet in height. Ground signs which are integrated into an attractive brick, stone, or wood architectural feature or an earthen berm, all of which shall be permanently landscaped, may exceed four feet in height to a maximum of seven feet.

c.

Signs may be illuminated by indirect means or with luminous background. Indirect lighting shall not exceed 50 foot candles, and a luminous background shall not exceed 90 foot lamberts in brightness. In no event shall the light from any sign exceed one foot candle at the lot line.

d.

All signs must be outside the public right-of-way and shall be set back a minimum of ten feet from the public right-of-way, unless specially permitted.

Day care center

General standards:

1.

All day care centers shall comply with the minimum standards for day care centers established by the state department of social services, as may be amended, unless specifically exempt from those minimum standards.

2.

Parking areas and access driveways at all day care centers shall be designed to allow for the easy and safe drop off and pick up of center attendees. No day care center shall be allowed that causes congestion, or the disruption of traffic flow on adjacent or nearby streets.

3.

The administrator shall have the authority to require a special use permit for any day care center, that due to its location and/or parking lot or access driveway design, has the potential to result in congestion, or the disruption of traffic flow on adjacent or nearby streets.

Family day care home

General standards: All family day care homes shall comply with the minimum standards for family day care homes established by the state department of social services, as may be amended.

Kennel, commercial.

A.

Any structure and/or area occupied by animals (runs, training areas, pens and/or dwelling) shall be no closer than 200 feet to any neighboring residence and set back 50 feet from any property lines.

B.

Any exterior structure and/or area occupied by animals (runs, training areas, pens, etc.) shall be enclosed by a solid fence not less than four feet in height; located within 50 feet of the structure; composed of materials approved by the Zoning Administrator; and, installed within 60 days of approval. If individual cages or enclosures are used to separate individual dogs from other animals, the cage shall accommodate no more than one dog and shall be sized to allow adequate space for movement as follows: The length and width shall be a minimum of three times the dog's length (nose to tail) and a minimum of four feet high.

C.

Animals shall be confined within an enclosed soundproofed, heated and air-conditioned building from 10:00 p.m. to 7:00 a.m. Noise emitting from the enclosure shall be measured at the nearest property line and shall not exceed 55 decibels.

D.

Animals may be kept outside between 7:00 a.m. and 10:00 p.m. Such noise emitting from animals outside shall be measured at the nearest property line and shall not exceed 65 decibels

E.

When adjoining a residential use, landscaping separation buffers and screens shall be provided along the property line as described in § 4-200.3. Such landscaping plan shall be prepared and submitted with the SUP application and installed 90 days after Board approval.

F.

The kennel shall be cleaned of animal waste and disposed of properly. The kennel floor shall be made of poured concrete and hosed off and disinfected daily.

G.

Upon request, the kennel owner shall provide to the Zoning Administrator copies of inoculation and/or vaccination certificates, including rabies, issued for each dog. Additionally, copies of dog licenses are required as noted under Prince Edward County Code § 10-50.

H.

The applicant shall meet all Virginia Department of Agriculture and Consumer Services, Virginia Department of Health, and Prince Edward County Animal Control requirements.

I.

The applicant shall allow agents of the Prince Edward County Planning Department and Prince Edward County Animal Control to inspect the property to ensure compliance.

Manufactured home sales

General standards:

1.

A perimeter landscaping strip and landscaping shall be provided as required by section 4-200.7 of this ordinance.

2.

The storage and/or display of manufactured homes in the perimeter landscaping strip required above shall be prohibited.

3.

The storage of used manufactured homes on the premises which are not suitable for occupancy shall be prohibited.

Mini warehouses

General standards:

1.

The minimum lot size shall be one acre.

2.

The minimum front yard setback shall be 30 feet.

3.

No security fencing, security gate or other obstruction to vehicle access shall be permitted in the required front yard setback or in any buffer yard required pursuant to section 4-200.3.

4.

All interior driveways shall be at least 26 feet wide when cubicles open onto one side only and at least 30 feet wide when cubicles open onto both sides to accommodate loading and unloading at individual cubicles. Adequate turning radiuses shall be provided, where appropriate, for a 30 foot long single unit truck or moving van. All driveways shall be surfaced pursuant to section 4-300.11.

5.

No door openings for any cubicle shall be constructed facing any residentially zoned property.

6.

The following uses shall be prohibited:

a.

Auctions by tenants, commercial wholesale or retail sales or miscellaneous or garage sales.

b.

The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.

c.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

d.

The establishment of a transfer and storage business.

e.

The storage of flammable, highly combustible, explosive or hazardous materials shall be prohibited.

7.

Outdoor storage areas shall be used for the storage of motor vehicles, trailers, and recreational vehicles only. All outdoor storage areas shall be screened from adjoining properties by a ten-foot landscaped area consisting of small evergreen trees and evergreen shrubs.

8.

Accommodations for a live-in manager shall be permitted.

9.

Lighting shall be in accord with section 4-400.1.

Recreational vehicle sales and service

General standards:

1.

A perimeter landscaping strip and landscaping shall be provided as required by section 4-200.7.

2.

The storage and/or display of recreational vehicles in the perimeter landscaping strip required above shall be prohibited.

3.

Any recreational vehicle which is missing major mechanical or body parts or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district.

(Ord. of 10-13-09; Ord. of 12-13-11; Ord. of 3-11-14; Ord. of 1-12-21; Ord. of 5-9-23)

Asphalt plants

General standards:

1.

A type C buffer yard shall be required in accordance with section 4-200.3.

2.

If an asphalt plant is proposed within 1,000 feet of a residential use type, the Administrator shall require that the proposed use apply for and receive a special use permit prior to the plants construction and/or operation. In considering a special use permit request for an asphalt plant, in addition to the general standards listed above, the commission and board of supervisors shall specifically consider and set standards for the following:

a.

The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height.

b.

Specific measures to control dust during the construction and operation of the plant.

c.

Specific levels of noise permitted during the daytime and nighttime operation of the plant, as measured at adjacent property lines, and any additional requirements for the design or operation of the plant intended to reduce noise.

Amateur radio tower

(A)

General standards:

1.

An amateur radio tower shall be considered as an accessory structure and shall comply with the minimum setback requirements for the respective zoning district.

2.

More than one tower shall be permitted on a site provided all setback requirements have been met.

3.

Amateur radio towers shall only contain antennae and/or communications equipment that are designed for receiving and transmitting amateur radio signals.

4.

Amateur radio towers shall be illuminated if required by the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC), but no lighting shall be allowed if not required by either agency.

(B)

Additional standards: In all zoning districts where amateur radio towers are permitted the following additional standards shall apply:

1.

The maximum height permitted by right for an amateur radio tower shall be 75 feet. Any tower which exceeds this height may be permitted only after obtaining a special use permit in accordance with section 5-124 of this ordinance and the additional criteria established under (C) for such permits below.

(C)

Where a special use permit is required by this ordinance, the following criteria shall be considered:

1.

In accordance with the FCC's Memorandum Opinion and Order in PRB-1 also known as "Amateur Radio Preemption", 101 FCC2d 952 (1985), local regulation of amateur radio towers shall consider the following:

a.

The FCC, in regulating and licensing amateur radio stations and operators, is operating under basic federal objectives which preempt certain local regulations which preclude amateur communications.

b.

Restrictions on the placement, screening, or height of towers based on health, safety or aesthetic considerations must reasonably accommodate amateur communications.

c.

Restrictions must represent the minimum practicable regulation to accomplish the purpose of the district in which the tower is proposed, as well as the purpose of this ordinance as contained in section 1-104.

2.

The specific height of the amateur radio tower shall be established as a condition of the special use permit.

Meat packing and related industries

This section shall not be construed to prohibit persons who are actually farmers from killing their own cattle, sheep, swine, goats and fowl for their own family use.

(A)

General standards:

1.

It shall be unlawful to operate any establishment where animals or fowl, dead or alive, are processed or where food or feed is manufactured or processed, unless such place or establishment is maintained and operated in a clean and sanitary manner at all times.

2.

All outside windows, except for those in receiving and feed rooms, should have protection to exclude insects, birds, and other vermin.

3.

Total building(s) square footage shall not exceed 20,000 square feet (SF).

4.

No building shall be within 1,000 feet of any residential dwelling or school at the time the facility is established.

5.

All buildings, animal unloading/staging areas shall be a minimum of 50 feet from all property lines.

6.

All operations must be under roof and screened from view from adjoining properties and public streets.

7.

Any outdoor holding pens for animals shall be screened from view.

8.

Noise, light, vibration, or odor associated with the processing operation shall not be perceptible beyond the site boundary/property lines.

9.

All internal roads used for public access shall be of compacted earth, or have a minimum of a four-inch stone base, or shall be paved.

10.

All exterior lighting shall be designed and installed so as to minimize glare onto adjoining properties or any public access road. All lighting shall be full cut-off type fixtures.

11.

Outdoor storage of dumpster/trash containers shall be situated at the rear of buildings and shall be appropriately screened per Prince Edward Zoning Ordinance, Section 4-200.15.

12.

A type C buffer yard shall be required in accordance with section 4-200.3. Additional buffering and screening may be required as specified by the zoning administrator.

13.

A certified engineer's report is required and shall include a detailed waste management plan.

14.

If applicable and where installed, any septic system shall have an alarm system installed in order to detect any problem or malfunction that may occur.

Outdoor gatherings

General standards:

1.

As part of the application for a special use permit the petitioner shall submit information indicating the individuals and/or parties sponsoring the event, the nature of the gathering, the events, displays and/or entertainment scheduled, the number of tickets to be sold, an estimate of the total number of people expected to attend, and the dates for which the permit is requested.

2.

In addition, a detailed plan shall be submitted of all facilities to be provided in accordance with the following guidelines:

a.

Adequate provisions for sanitation facilities, garbage and trash collection and disposal, and facilities for providing food, water and lodging for persons at the gathering shall be provided.

b.

The sponsors shall provide for adequate medical facilities, fire protection and security of the site.

c.

Adequate on-site parking shall be provided for all employees and patrons of the gathering. The parking layout shall be determined in advance of the gathering, adequately marked on the site and shall be supervised during the gathering in such a manner as to provide safe and convenient access to all patrons and employees, and to accommodate emergency service vehicles.

d.

Adequate off-site circulation and traffic controls to provide safe ingress and egress to the gathering without burdening the existing road network or substantially disrupting the normal flow of traffic.

e.

Any lighting installed for the gathering shall be directed away from adjoining properties.

f.

The level of any music and other noise created by the gathering shall be directed away from any adjoining residence and may be specifically limited by the board of supervisors.

Towers

(A)

Intent: These minimum standards are intended to govern the location of all towers and the installation of antennas and accessory equipment structures.

(B)

Towers, with related unmanned equipment buildings, shall be permitted only by special use permit in zoning districts as specified in article II, District Regulations. Applicants are encouraged to consider properties owned by the county when locating towers.

(C)

General standards:

1.

No tower or related facilities shall be located within 500 feet of any residential district.

2.

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the board of supervisors that no existing tower or structure can accommodate the proposed antenna. 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 the applicant's engineering requirements.

b.

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

c.

Existing towers or structures are not of sufficient structural strength to support the applicant's proposed antenna or related equipment.

d.

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

e.

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

3.

No tower shall exceed 199 feet in height, including antennas.

4.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FCC or FAA, be painted a neutral color.

5.

At any tower site, the design of the buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the facilities to the natural setting and the built environment. The related unmanned equipment structure shall not contain more than 750 square feet of gross floor area or be more than 12 feet in height, and shall be located in accordance with the requirements of the zoning district in which located.

6.

Towers shall not be artificially lighted, unless required by the FCC or FAA. If lighting is required, the board of supervisors may review the available lighting alternatives and approve the design that would cause the least disturbances to surrounding views.

7.

All towers 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. If such standards and regulations are changed, then the owners of the tower governed by this section shall bring such structures into compliance with such revised standards as required by above named agencies. Failure to bring a tower into compliance with such revised standards and regulations as required by above named agencies shall constitute grounds for the revocation of the special use permit, and removal of the tower at the owner's expense.

8.

The owner of any tower shall ensure that it is constructed and maintained in compliance with standards contained in applicable federal, state, and local building codes and regulations.

9.

Each applicant requesting a special use permit for a new tower shall submit two copies of a scaled site plan and a scaled elevation view and other supporting drawing, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, height requirements, setbacks, drives, parking, fencing, landscaping, easements, adjacent uses, and any other information deemed necessary by the county to assess compliance with the regulations of this ordinance.

Additionally the applicant shall provide actual photographs of the site from designated relevant views that include a simulated photographic image of the proposed monopole or tower. The photograph with the simulated image shall include the foreground, the mid-ground, and the background of the site.

10.

An engineering report, certifying that the proposed tower and site are compatible for co-location with a minimum of three similar users including the primary user, must accompany the application. The applicant shall provide copies of their co-location policy.

11.

Local government access. Owners of towers shall provide the county co-location opportunities without compensation as a community benefit to improve radio communications for county departments and emergency services, provided it does not conflict with the co-location requirements of this section.

12.

In addition to any reasonable application fees established by board of supervisors, the applicant shall be financially responsible for the cost of any professional engineering and or related services that may be procured by the county to independently verify the application information submitted by the applicant.

13.

Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures.

14.

Towers shall be enclosed by security fencing not less than six feet high and shall be equipped with an appropriate anti-climbing device.

15.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaping strip of at least four feet wide outside the perimeter of the compound. Existing mature tree growth and natural land form on the site shall be preserved to the maximum extent possible.

16.

Any tower that is not operational for a continuous period of 90 days shall be considered abandoned, and the owner of such tower shall remove same within 90 days of receipt of notice from the building official or county administrator notifying the owner of such removal requirement. Removal includes the removal of the tower, all subterranean tower and fence footers, underground cables and support buildings. The buildings may remain with the approval of the landowner. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. If the tower is not removed per this section, the county may require the landowner to have it removed. In all cases, the site shall be returned as closely as possible to its original conditions.

17.

Every applicant for a special use permit for a tower shall, as a condition for the issuance of the special use permit, file with the building official a continuing bond in the penal sum of not less than $10,000.00 and conditioned for the faithful observance of the provisions of this ordinance and all amendments thereto, and of all the laws and ordinances relating to towers, and which shall indemnify and save harmless the county from any and all damages, judgments, costs, or expenses which the county may incur by reason of the removal or the causing to be removed any tower as provided for in this section.

Truck terminal and truck yard facilities

General standards:

1.

To provide for the safe and orderly use of land for parking, servicing, repairing or storage of trucks in active use in a manner that minimizes adverse environmental impacts of such a use upon the surrounding area

2.

The site design shall mitigate existing and potential noise, dust, fumes, traffic, and other adverse environmental impacts affecting neighboring residential and commercial areas. Techniques may include, but are not limited to, walls, fences, buffer zones, landscaping and other mitigating measures.

3.

Factors such as adequate paving, striping of truck parking stalls, adequate site drainage, and lighting should be used to ensure safe operation of the facility.

4.

The site shall, to the extent reasonably feasible, be located so as to provide for direct vehicular ingress and egress to a primary public route.

5.

All habitable structures shall be placed on a permanent foundation.

6.

Nothing contained herein shall be deemed to authorize or permit the storage of hazardous materials, substances or wastes which are capable of posing an unreasonable risk to health, safety, or property.

7.

Trucks and permitted storage shall not be stored within five feet of any required screening wall.

8.

Truck parking and permitted storage shall be arranged in parallel rows and shall be striped.

(Ord. of 6-14-12; Ord. of 1-14-14; Ord. of 7-19-22)

As defined in section 6-100 accessory uses and structures may be commonly found and associated with principal use types. Principal uses which are allowed by right or by special use may include accessory uses and activities, provided such accessory uses and activities are appropriate and incidental to the principal use, and provided they are designed and located in accordance with the intent and provisions of this ordinance.

Agricultural use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking associated with a principal use.

2.

The storage of agricultural equipment, products, or materials associated with the principal use.

3.

Temporary sawmills.

4.

Other uses and activities necessarily and customarily associated with the purpose and function of agricultural use types, as determined by the Administrator.

Residential use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Private garages and parking for the principal use.

2.

Recreational activities and uses used by residents, including structures necessary for such uses.

3.

Playhouses, gazebos, incidental household storage buildings, swimming pools, and other similar accessory structures.

4.

Garage or yard sales provided that such sales occur no more than seven days in a two month period.

5.

Other uses and activities necessarily and customarily associated with purpose and function of residential use types, as determined by the administrator.

Civic use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking for the principal use.

2.

Accessory dwellings commonly associated with or necessitated by the location and operation of the principal use.

3.

Food services operated incidental to the principal use and operated primarily for the convenience of employees, residents or users of the principal use. Typical examples include cafeterias and dining halls.

4.

Convenience commercial facilities clearly incidental to the principal use and operated primarily for the convenience of employees, residents, and users of the principal use. Typical examples include museum gift shops, college bookstores, or snack bars clearly incidental to the principal use.

5.

Other uses and activities necessarily and customarily associated with the purpose and function of civic use types, as determined by the administrator.

Office use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking for the principal use.

2.

Recreational facilities available only to the employees of the office use type.

3.

Day care facilities available only to the employees of the office use type.

4.

Other uses and activities necessarily and customarily associated with the purpose and function of office use types, as determined by the administrator.

5.

One accessory dwelling unit occupied by employees responsible for the security of the use.

Commercial use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking for the principal use.

2.

Accessory storage buildings or areas.

3.

One accessory dwelling unit occupied by employees responsible for the security of the use.

4.

Other uses and activities necessarily and customarily associated with the purpose and function of commercial use types, as determined by the administrator.

Industrial use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking for the principal use.

2.

Recreational facilities available only to the employees of the industrial use type.

3.

Day care facilities available only to the employees of the industrial use type.

4.

Cafeterias and sandwich shops available only to the employees of the industrial use type.

5.

Incidental retail sale of goods associated with the industrial use type provided the square footage does not exceed ten percent of the gross floor area or 3,000 square feet, whichever is less.

6.

One accessory dwelling unit occupied by employees responsible for the security of the use.

7.

Other uses and activities necessarily and customarily associated with the purpose and function of industrial use types, as determined by the administrator.

In general it is expected that an identifying sign will be associated with any commercial activity, and such signs are a permitted use within the design standards indicated in this section. Some types of signs require more detailed specification, and those are indicated as requiring a special use permit. These regulations apply to all signs and their appurtenances that are visible from the outside of buildings. No sign shall be permitted which is not accessory to the business conducted on the property. In addition, public service noncommercial signs and markers such as highway signs and historical markers, and the flags of the United States and the commonwealth, are necessary or desirable in numerous locations, and the placement of those is not regulated by this section. Specific terms used in this section are defined in section 6-100.

(Ord. of 7-8-14)

1.

No sign may be placed within the right-of-way of a highway or street, other than duly authorized governmental signs.

2.

No sign may be placed off the immediate platted lot of the business or civic use without a special use permit.

3.

No sign may be placed so as to impair vision at an intersection or sharp highway curve.

4.

All signs shall be maintained in good condition at all times. The pedestal of any sign may not be wood unless it is clad with vinyl or metal, painted, or stained.

5.

No sign shall be painted on or attached to any trees, rocks, fence posts, utility poles, or similar structures or objects.

6.

The light from any illuminated sign shall be so directed, shaded, or shielded that the light intensity or brightness shall not adversely affect surrounding or facing premises, nor interfere with the safe vision of operators of moving vehicles. Light shall not be permitted to shine or reflect on or into any residential structure.

7.

Storefront windows: no more than 25 percent of the glass area may be covered by signs. This is recommended by emergency response personnel to provide sight into building.

8.

Temporary signs are permitted in all districts as follows:

(a)

Temporary signs warning of construction, excavation, or other hazard, for as long as the hazard shall exist;

(b)

Signs in the nature of seasonal decorations, clearly associated with a national, local, or religious holiday;

(c)

Temporary signs must be removed within 20 days of the event or election to which the temporary signs relate.

9.

Flags and Flagpoles:

(a)

The official flag of a government, governmental agency, public institution, religious body, or other similar entity, or flags flown on a temporary basis for the purpose of honoring holidays. Flags may also be used as part of a permanently maintained entrance or inner design feature of a residential or commercial development, provided that the number off flags is no more than three. The maximum area for flags shall be subject to an overall maximum site allowance of 120 square feet. Flagpoles shall have a maximum height of 20 feet except in the A1, A2, C1, 11 and CR districts in which a taller flagpole will be allowed with the issuance of a special use permit;

(b)

Flags attached to a structure shall not project beyond-the facade of the building or more than 20 feet from the roofline in any direction and in no case exceed the maximum permitted height of the structure upon which it is located;

(c)

Flags or cloth or other flexible material, used to attract attention to a commercial use or activity and attached to a pole shall be included in the definition of and calculation of freestanding signage on the property;

(d)

Temporary flags located at a cemetery of no more than one square foot shall be exempted from these requirements.

(10)

Any business closing operations must remove its signs within 12 months.

(Ord. of 7-8-14; Ord. of 4-12-22; Ord. of 6-13-23; Ord. of 8-8-23)

The agricultural conservation district encourages agriculture, forestry, very low density residential development, and related uses. It is not desirable to erect numerous signs in the pastoral setting provided in the agricultural conservation district.

For any commercial or civic-use activity by right or by special-use permit in the agricultural conservation district, sign uses are as in section 3-104.1 above and as follows:

Permitted: No more than two of the following may be used for a single business location, except on corner and double frontage lots which shall be permitted up to two of each sign type, with a maximum allowance of four signs total.

1.

Monument signs not exceeding four feet in height and 24 square feet in size, not more than one per business operation.

2.

Storefront signs not exceeding four feet in height and 16 feet in width, not more than one per business operation.

3.

Projecting signs not exceeding 24 square feet, not more than one per business operation.

4.

Pole signs not exceeding 40 square feet placed with the bottom no more than six feet from the ground, not more than one per business operation.

Special use:

1.

Illuminated signs.

2.

Banner signs.

3.

Animated, electronic, or air-filled signs.

4.

Outdoor neon signs.

5.

Pole signs with a maximum height exceeding 12 feet. No pole sign may have a maximum height more than six feet higher than the business building to which it relates.

(Ord. of 7-8-14; Ord. of 4-9-24)

This district is intended to be the location of most new residential development in the county. Agriculture, forestry and related uses are also allowed within A2 districts.

For any commercial or civic-use activity by right or by special-use permit in the agricultural residential district, sign uses are:

Permitted: No more than two of the following may be used for a single business location, except on corner and double frontage lots which shall be permitted up to two of each sign type, with a maximum allowance of four signs total.

1.

Monument signs not exceeding four feet in height and 32 square feet in area, not more than one per business operation. Monument signs which are integrated into a brick, stone, or wood architectural feature or an earthen berm, all of which shall be permanently landscaped, may exceed four feet in height to a maximum of seven feet.

2.

Storefront signs not exceeding four feet in height and 16 feet in width, not more than one per business operation.

3.

Projecting signs not exceeding 24 square feet, not more than one per business operation.

Special use:

1.

Illuminated signs.

2.

Banner signs.

3.

Pole signs. No pole sign may have a maximum height more than six feet higher than the business building to which it relates.

(Ord. of 7-8-14; Ord. of 4-9-24)

No commercial uses are permitted in these districts (gasoline station and convenience store by special use permit (SUP) only); accordingly, no commercial signs are allowed except by SUP and will be reviewed as part of the site plan for construction. However, civic-use signs such as those for community organizations, schools, or churches may be placed under the same conditions as those for the agricultural residential district in section 3-103.2.

Large residential signs may be permitted at the main entrances to a subdivision, planned unit or multi-family development. One sign may be permitted on either side of the entrance if such sign is on private property. Signs shall not exceed 50 square feet in area. Sign should be an identification sign only, limited to the name of development on site.

(Ord. of 7-8-14; Ord. of 4-9-24)

For any commercial or civic-use activity by right or by special-use permit in the general commercial district, sign uses are as permitted in section 3-104.1 above and as follows:

Permitted: No more than two of the following may be used for a single business location, except on corner and double frontage lots which shall be permitted up to two of each sign type, with a maximum allowance of four signs total.

1.

Monument signs not exceeding four feet in height and 32 square feet in area, not more than one per business operation. Monument signs which are integrated into an attractive brick, stone, or wood architectural feature or an earthen berm, all of which shall be permanently landscaped, may exceed four feet in height to a maximum of seven feet;

2.

Storefront signs not exceeding six feet in height and 24 feet in width, not more than one per business operation.

3.

Projecting signs not exceeding 40 square feet, not more than one per business operation.

4.

Pole signs not exceeding 40 square feet placed with the sign's bottom no more than eight feet from the ground, not more than one per business operation. Signs exceeding 16 feet in height or the height of the building, whichever is less, require a special use permit.

5.

Directory signs may be utilized by a commercial complex subject to the same size requirements as monument or pole signs with each occupant being entitled to one directory panel.

6.

Illuminated signs.

Special use:

1.

Banner signs.

2.

Animated or electronic signs.

3.

Outdoor neon signs.

4.

Pole signs with a maximum height exceeding 16 feet or the height of the building, whichever is less. No pole sign may have a maximum height more than six feet higher than the business building to which it relates.

(Ord. of 7-8-14; Ord. of 9-8-15; Ord. of 4-9-24)

For any commercial or civic-use activity by right or by special-use permit in the general industrial district, sign uses are as permitted in section 3-104.1 above and as follows:

Permitted: No more than two of the following may be used for a single business location.

1.

Monument signs not exceeding four feet in height and 32 square feet in area, not more than one per business operation. Monument signs which are integrated into an attractive brick, stone, or wood architectural feature or an earthen berm, all of which shall be permanently landscaped, may exceed four feet in height to a maximum of seven feet.

2.

Storefront signs not exceeding six feet in height and 144 square feet in area, not more than one per business operation.

3.

Projecting signs not exceeding 60 square feet, not more than one per business operation.

4.

Pole signs not exceeding 40 square feet placed with the bottom no more than six feet from the ground, not more than one per business operation. Pole signs may not exceed a height of 16 feet except by special use permit. No pole sign may have an overall height more than six feet higher than the building to which it relates.

5.

Illuminated signs.

Special use:

1.

Banner signs.

2.

Animated or electronic signs.

3.

Outdoor neon signs.

4.

Pole signs with a maximum height exceeding 16 feet. No pole sign may have a maximum height more than six feet higher than the business building to which it relates.

(Ord. of 7-8-14; Ord. of 9-8-15)