(a)

This ordinance regulates and restricts the height of structures and objects or natural growth, and otherwise incidentally regulates the use of property in the vicinity of the airports in Rockingham County by:

(1)

Creating the appropriate zones and establishing the boundaries thereof;

(2)

Providing for changes in the restrictions and boundaries of such zones;

(3)

Defining certain terms used herein;

(4)

Providing for enforcement; and

(5)

Imposing penalties.

(b)

The ordinance is adopted pursuant to the authority conferred by Title 15.2-2293 through 15.2-2295 of the Code of Virginia, 1950, as amended.

(1)

It is hereby found that an obstruction has the potential for endangering the lives and property of users of the airports and residents in Rockingham County; and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airports and the public investment therein.

(2)

Accordingly, it is declared that:

a.

It is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of obstructions that are hazards to air navigation be prevented;

b.

The creation or establishment of an obstruction has the potential for being a public nuisance and may injure the area served by the airports;

c.

Rockingham County derives economic development and enhanced interstate commerce from airports in the county and adjoining jurisdictions that are held strictly to the highest possible safety standards; and

d.

The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

(c)

This ordinance shall be known and may be cited as the Rockingham County Airport Safety Overlay district.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

In order to carry out the provisions of this ordinance, there are hereby established certain zones which include all of the area and airspace of Rockingham County lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the airport.

(b)

These zones are established as overlay zones, superimposed over the existing base zones, being more specifically zones of airspace that do not affect the uses and activities of the base zones except as provided for in this chapter.

(c)

An area located in more than one (1) of the following zones is considered to be only in the zone with the most restrictive height limitation.

(d)

These zones are as follows:

(1)

Airport zone: A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface.

(2)

Approach zone: A zone that extends away from the runway ends along the extended runway centerline, with the floor set by the approach surfaces.

(3)

Transitional zone: A zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the transitional surfaces.

(4)

Conical zone: A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface.

(5)

The source of the specific geometric standards for these zones for Shenandoah Valley Regional Airport are found in Part 77.25, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, as amended from time to time, or in successor federal regulations.

(6)

The source of the specific geometric standards for these zones for Bridgewater Air Park, New Market Airport, and Shenandoah Valley Regional Airport are found in 24 Virginia Administrative Code 5-20-140, as amended from time to time, or in successor state regulation.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

Except as otherwise provided in this ordinance, in any zone created by this ordinance, no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface, known as the floor, of any zone provided for in this chapter at any point.

(b)

The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Part 77.25, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, as amended from time to time, or in successor federal regulations.

(c)

The source of the specific geometric standards for these zones for Bridgewater Air Park, New Market Airport, and Shenandoah Valley Regional Airport are found in 24 Virginia Administrative Code 5-20-140, as amended from time to time, or in successor state regulation.

(d)

The zoning administrator shall maintain in the department of community development maps for each airport designating the airport safety zones and such other information deemed necessary by the zoning administrator for the interpretation and enforcement of this airport safety ordinance.

(P.C. Ord. No. 14-03, 9-24-14)

Notwithstanding any other provision of this ordinance, and within the area below the horizontal limits of any zone established by this ordinance, no use may be made of land or water in such a manner as to:

(a)

Create electrical interference with navigational signals or radio communication between the airport and airborne aircraft;

(b)

Diminish the ability of pilots to distinguish between airport lights and other lights;

(c)

Result in glare in the eyes of pilots using the airport;

(d)

Impair visibility in the vicinity of the airport;

(e)

Create the potential for bird strike hazards; or

(f)

Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

Except as provided in subsection (c) below, the regulations prescribed by this ordinance shall not require the removal, lowering, or other change or alteration of any structure or vegetation valid at the time of establishment but not conforming to the regulations as of October 1, 2014, or otherwise interfere with the continuance of a valid nonconforming use.

(b)

Nothing contained in section 17-501 shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to October 1, 2014.

(c)

Notwithstanding the provisions of subsection (a) above, the owner of any existing valid nonconforming structure or vegetation is hereby required to permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the zoning administrator to indicate to operators of aircraft the presence of that airport obstruction. Markers and lights shall be installed, operated, and maintained at the expense of the owner of the airport affected by such nonconforming structure or vegetation, and not the owner of the valid nonconforming structure or vegetation in question.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

Except as provided in this ordinance, no structure shall be erected or otherwise established in any zone created by this ordinance unless a permit therefor shall have been granted.

(1)

Each application for a permit shall indicate the purpose for which it is desired and shall include sufficient geometric specificity to determine whether the resulting structure would conform to the regulations prescribed in this ordinance.

(2)

No permit for a structure inconsistent with section 17-501 shall be granted unless a variance has been approved as provided in subsection (d) below.

(b)

No permit shall be granted that allows the establishment or creation of an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on October 1, 2014 or any amendments thereto other than with relief as provided for in subsection (d) below.

(c)

Whenever the zoning administrator determines that a nonconforming structure has been abandoned or more than fifty (50) percent destroyed, physically deteriorated, or decayed, no permit shall be granted that would enable such structure to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the zoning regulations contained in this ordinance, except with the relief as provided for in subsection (d) below.

(d)

Any person desiring to erect or increase the height or size of any structure not in accordance with the regulations prescribed in section 17-501 may apply for a variance as prescribed in article X, procedures.

(1)

Such application shall be properly advertised and be reviewed and considered through a public hearing in accordance with applicable zoning laws and ordinances.

(2)

The application for a variance shall be accompanied by a determination from the Virginia Department of Aviation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.

(3)

Such variances shall only be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will do substantial justice and be in accordance with the spirit of section 17-501, and will neither be contrary to the public interest nor create a hazard to air navigation.

(4)

Additionally, no application for a variance to the requirements of section 17-501 may be considered by the board of zoning appeals unless a copy of the application has been furnished to the owner of the airport affected thereby for advice as to the aeronautical effects of the variance.

(5)

If such airport owner does not respond to the application within fifteen (15) days after receipt, the board of zoning appeals may act independent of the airport owner's position to grant or deny the variance.

(e)

Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of section 17-501 and be reasonable in the circumstances, be so conditioned as to require the owner of the structure in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the zoning administrator.

(f)

If deemed proper with reasonable cause by the board of zoning appeals, this condition may be modified to require the owner of the structure in question to permit the airport owner, at his own expense, to install, operate, and maintain the necessary markings and lights.

(P.C. Ord. No. 14-03, 9-24-14)

(P.C. Ord. No. 15-25, 7-22-15)

Editor's note— P.C. Ord. No. 15-25, adopted July 22, 2015, changed the title of § 17-502 from "Cross Keys North Agricultural and Forestal District" to read as herein set out.

Pursuant to the Agricultural and Forestal Districts Act of the Commonwealth of Virginia, the Cross Keys Agricultural and Forestal District (hereinafter referred to as district) is hereby created subject to the conditions and district term set forth in this division and as otherwise provided by sections 15.2-4300 through 15.2-4314 of the Code of Virginia, mutatis mutandis, the provisions of which, except as specifically modified herein, are adopted and incorporated herein by reference.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 15-25, 7-22-15)

The Cross Keys Agricultural and Forestal district is comprised of seventy-seven (77) parcels spanning two thousand sixty (2,060) acres, more or less, centered at the intersection of Cross Keys Road (Route 276) and Pleasant Valley Road (Route 679). The northern boundary of the district abuts the Magnolia Ridge Subdivision; the southern boundary extends approximately one thousand (1,000) feet south of Shady Grove Road (Route 670). The western boundary extends approximately three thousand five hundred (3,500) feet west of the intersection of Cross Keys Road (Route 276) and East Timber Ridge Road (Route 668); the eastern boundary extends approximately two thousand five hundred (2,500) feet east of the intersection of Port Republic Road (Route 253) and Latimer Road (Route 672). The following parcels shown on county real estate maps, as of the effective date of the district, are numbered as:

126-(A)- L55, 139-(1)- L1, 139-(1)- L1A, 139-(3)- L8, 139-(3)- L9, 139-(A)- L114, 139-(A) L118, 139-(A)- L119, 139-(A)- L120B1, 139-(A)- L120B2, 139-(A)- L120B2A, , 139-(A)- L146, 139-(A)- L147, 139-(A)- L148B, 139-(A)- L148F, 139-(A)- L149A, 139-(A)- L149B, 139-(A)- L150A, 139-(A)- L150A1, 139-(A)- L155, 139-(A)- L158, 139-(A)- L158A, 139-(A)- L160C, 139-(A)- L163, 139-(A)- L163B, 139-(A)- L168, 139-(A)- L168A, 139-(A)- L172, 139-(A)- L46, 139-(A)- L47C, 139-(A)- L52A, 139-(A)- L52B, 139-(A)- L52C, 139-(A)- L52D, 139-(A)- L53, 139-(A)- L55A, 139-(A)- L55A1, 139-(A)- L57, 139-(A)- L57A, 139-(A)- L57C, 139-(A)- L67, 139-(A)- L69, 139-(A)- L74B, 139A-(2)- LC, 140-(A)- L3, 140-(A)- L4, 140-(A)- L59, 140-(A)- L59A, 140-(A)- L62, 140-(A)- L63, 151-(5)- L1A, 151-(A)- L5, 151-(A)- L7, 151-(A)- L75, 151-(A)- L8, 151-(A)- L80, 151-(A)- L81, 151-(A)- L82, 151-(A)- L82A, 151-(A)- L82A1, 151-(A)- L86B, 151-(A)- L93, 151-(A)- L94, 151-(A)- L94A, 151-(A)- L9C, 152-(7)- L4, 152-(A)- L1, 152-(A)- L3, 152-(A)- L4, 152-(A)- L56, 152-(A)- L58, 152-(A)- L58E, 152-(A)- L6, 152-(A)- L61B, 152-(A)- L7, 152-(A)- L8, 152-(A)- L9, and 152-(A)- L9A.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 15-25, 7-22-15; P.C. Ord. No. 17-12, 4-26-17; P.C. Ord. No. 22-20, 6-22-22; P.C. Ord. No. 22-25, § 1, 9-14-22)

The intent of these conditions is to strengthen the existing agricultural community in order to ensure its continued economic viability. The Cross Keys Agricultural and Forestal district shall comply with the following conditions:

(a)

Uses, structures, and accessory businesses shall be permitted on a parcel in compliance with the regulations that apply to the zoning of that parcel.

(b)

All parcels included in the district must be located fully within the district; no portion of a district parcel shall lie outside the district.

(c)

Parcels of land, as now defined in the county real estate records, within the district may be sold in their entirety but not subdivided to a non-family member during the term of district status. However, the parcel under new ownership shall remain in district status at least until the time of the next scheduled district renewal.

(d)

Parcels of land, as now defined in the county real estate records, within the district may only be subdivided by purchase or gift to immediate family members. However, this family subdivision shall remain in district status for at least as long as the parent parcel remains in the district.

(e)

Residences for persons who earn a substantial part of their livelihood from agricultural or forestal operations on the same property, or for members of the immediate family of the owner, shall be permitted in accordance with the county Code.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 15-25, 7-22-15)

The district shall be in effect for seven (7) years, from July 22, 2022, to July 22, 2029. A review of the district, including any additions to the district, may be made by the board of supervisors as provided by, and in accordance with sections 15.2-4309 through 15.2-4312 of the Code of Virginia.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 15-25, 7-22-15; P.C. Ord. No. 22-20, 6-22-22)

Editor's note— P.C. Ord. No. 15-25, adopted July 22, 2015, repealed former §§ 17-503—17-503.04, which pertained to the Cross Keys South Agricultural and Forestal district; creation; description; conditions; term review, and derived from P.C. Ord. No. 14-03, adopted Sept. 24, 2014.

Pursuant to the Agricultural and Forestal Districts Act of the Commonwealth of Virginia, the Dry River Agricultural-Forestal District (hereinafter referred to as district) is hereby created subject to the conditions and district term set forth in this division and as otherwise provided by sections 15.2-4300 through 15.2-4314 of the Code of Virginia, mutatis mutandis, the provisions of which, except as specifically modified herein, are adopted and incorporated herein by reference.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-06, 6-9-21)

The Dry River Agricultural and Forestal district shall consist of the following land: two hundred fifty-five (255) parcels spanning six thousand four hundred forty-four (6,444) acres, more or less, generally located south of Hinton, west of John Wayland Highway (Route 42), east of Ottobine, and north of the Town of Bridgewater, which includes the parcels shown on Rockingham County real estate maps, as of the effective date of this district, numbered as:

90-(A)- L135, 90-(A)- L136, 90-(A)- L137, 91-(8)- L1, 91-(8)- L1A, 91-(8)- L2, 91-(8)- L3, 91-(A)- L69, 91-(A)- L71, 91-(A)- L214A, 104-(2)- L1, 104-(2)- L1G, 104-(A)- L96, 104-(A)- L149A, 104-(A)- L149C, 104-(A)- L152, 105-(2)- L1, 105-(2)- L2, 105-(A)- L51, 105-(A)- L65A, 105-(A)- L66B, 105-(A)- L67, 105-(A)- L69, 105-(A)- L70, 105-(A)- L71, 105-(A)- L72,105-(A)- L76, 105-(A)- L82D, 105-(A)- L115E, 105-(A)- L121, 105-(A)- L122, 105-(A)- L148, 105-(A)- L149, 105-(A)- L149A, 105-(A)- L150, 105-(A)- L150A, 105-(A)- L151, 105-(A)- L152, 105-(A)- L153, 105-(A)- L154, 105-(A)- L155, 105-(A)- L156, 105-(A)- L165, 105-(A)- L167, 105-(A)- L169, 105-(A)- L171, 105-(A)- L172A, 105-(A)- L172B1, 105-(A)- L172C, 105-(A)- L173, 105-(A)- L173A, 105-(A)- L175, 105-(A)- L176, 105-(A)- L177, 105-(A)- L178A, 105-(A)- L178B, 105-(A)- L183F, 105-(A)- L189B, 105-(A)- L190, 105-(A)- L191, 106-(1)- L1, 106-(1)- L2B, 106-(A)- L2A, 106-(A)- L2A1, 106-(A)- L3, 106-(A)- L4, 106-(A)- L6, 106-(A)- L10, 106-(A)- L17, 106-(A)- L18, 106-(A)- L21, 106-(A)- L25, 106-(A)- L25A, 106-(A)- L27, 106-(A)- L28, 106-(A)- L28A, 106-(A)- L30, 106-(A)- L31, 106-(A)- L32, 106-(A)- L33, 106-(A)- L33A, 106-(A)- L34A, 106-(A)- L35, 106-(A)- L35A, 106-(A)- L36, 106-(A)- L37, 106-(A)- L46, 106-(A)- L47A, 106-(A)- L48, 106-(A)- L49, 106-(A)- L49A, 106-(A)- L52A1, 106-(A)- L53, 106-(A)- L62A, 106-(A)- L62B, 106-(A)- L62D, 106-(A)- L62F, 106-(A)- L63A, 106-(A)- L63B, 106-(A)- L69, 106-(A)- L70, 106-(A)- L70A, 106-(A)- L71, 106-(A)- L73, 106-(A)- L75, 106-(A)- L75A, 106-(A)- L76, 106-(A)- L80, 106-(A)- L80A, 106-(A)- L80B, 106-(A)- L91, 106-(A)- L92, 106-(A)- L93, 106-(A)- L94, 106-(A)- L95, 106-(A)- L96, 106-(A)- L97, 106-(A)- L98, 106-(A)- L98A, 106-(A)- L99A, 106-(A)- L101, 106-(A)- L101A, 106-(A)- L105, 106-(A)- L107, 106-(A)- L108, 106-(A)- L120, 106-(A)- L121, 106-(A)- L124, 106-(A)- L128, 106-(A)- L128A, 106-(A)- L129, 106-(A)- L130, 106-(A)- L132A, 106-(A)- L133, 106-(A)- L134, 106-(A)- L136, 106-(A)- L137, 106-(A)- L140, 106-(A)- L141, 106-(A)- L141A, 106-(A)- L142, 106-(A)- L144, 106-(A)- L146, 106-(A)- L147, 106-(A)- L148, 106-(A)- L149, 106-(A)- L149B, 106-(A)- L150A, 106-(A)- L151, 106-(A)- L152, 107-(A)- L2A6, 107-(A)- L85, 107-(A)- L86, 107-(A)- L88, 107-(A)- L88B, 107-(A)- L90, 107-(A)- L91, 107-(A)- L92, 107-(A)- L95, 107-(A)- L96, 107-(A)- L100, 107-(A)- L103, , 107-(A)- L105, 107-(A)- L106, 107-(A)- L107, 107-(A)- L108, 107-(A)- L109, 107-(A)- L112, 107-(A)- L116, 107-(A)- L117, 107-(A)- L118, 107-(A)- L122A1, 107-(A)- L123A, 107-(A)- L130B, 107-(A)- L131, 107-(A)- L133A, 107-(A)- L144B, 107-(A)- L144B1, 107-(A)- L149, 107-(A)- L150, 122-(4)- L1A, 122-(4)- L3A, 122-(4)- L4B, 122-(4)- L5, 122-(5)- L1, 122-(5)- L2, 122-(5)- L3, 122-(A)- L1, 122-(A)- L1C, 122-(A)- L28, 122-(A)- L33, 122-(A)- L34A, 122-(A)- L77, 122-(A)- L78, 122-(A)- L80, 122-(A)- L85, 122-(A)- L85A, 122-(A)- L85B, 122-(A)- L87, 122-(A)- L88, 122-(A)- L94B, 122-(A)- L94B1, 122-(A)- L94B2, 122-(A)- L98, 122-(A)- L107A, 122-(A)- L107B, 122-(A)- L109, 122-(A)- L110, 122-(A)- L111, 122-(A)- L114, 122-(A)- L132, 122-(A)- L133, 122-(A)- L134, 122-(A)- L142, 122-(A)- L144, 122-(A)- L144A1, 122-(A)- L144A2, 122-(A)- L145, 122-(A)- L145A, 122-(A)- L145B, 122-(A)- L145C, 122-(A)- L147A, 122-(A)- L148, 122-(A)- L148A, 122-(A)- L150, 123-(1)- L1, 123-(1)- L1B, 123-(1)- L2C, 123-(A)- L8, and 123-(A)- L24.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 15-01, 1-28-15; P.C. Ord. No. 15-21, 6-24-15; P.C. Ord. No. 15-24, 7-22-15; P.C. Ord. No. 15-42, 8-26-15; P.C. Ord. No. 15-43, 9-23-15; P.C. Ord. No. 17-19, 8-26-17; P.C. Ord. No. 21-06, 6-9-21; P.C. Ord. No. 22-02, 1-26-22; P.C. Ord. No. 22-25, § 2, 9-14-22)

(a)

District landowners recognize that some of the land parcels included in the district may be in the Town of Dayton; or in the designated growth areas of Dayton, Bridgewater, or the county, as indicated in the comprehensive plans of both towns and of the county; or in the agreements defining annexation rights between the county and the Towns of Dayton and Bridgewater. Also, some parcels may be within the Harrisonburg Area Transportation Study plan area.

(b)

The Dry River Agricultural-Forestal District shall comply with chapter 16 and with sections 15.2-4300 through 15.2-4314 of the Code of Virginia.

(c)

Parcels of land owned by sole owners, co-owners, partnerships, trusts, corporations, or limited liability companies shall be eligible for inclusion in this agricultural and forestal district as long as all owners, or their designated representatives, sign the application indicating their desire that the parcel be included in the district.

(d)

Any new nonagricultural or nonforestal uses and/or buildings, including dwellings, shall be in compliance with the following:

(1)

The uses shall be located on property where there is an ongoing agricultural or forestal operation that qualifies for land use taxation.

(2)

The use shall be permitted to operate only as long as the agricultural or forestal operation continues on the property.

(3)

Construction of a dwelling shall be for: (1) persons who earn a substantial part of their livelihood from agricultural or forestal operations on the same property, or (2) members of the immediate family of the owner.

(4)

Construction of community churches, with or without adjunctive cemeteries and/or church-related private schools shall be permitted. Land for this purpose may be transferred by gift or purchase from district landowners.

(e)

Parcels of land (as now defined on the Rockingham County real estate maps) within the district may be sold to a nonfamily member during the term of district status. However, the parcel under new ownership shall remain in district status at least until the time of the next scheduled district renewal.

(f)

Land within the district may be subdivided by purchase or gift to immediate family members in compliance with chapter 16. However, this subdivision shall remain in district status for at least as long as the parent parcel remains in the district.

(g)

All included tracts shall be shown as separate parcels on the county real estate maps.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-06, 6-9-21)

The district shall be in effect for ten (10) years, from January 27, 2020, to January 27, 2030. A review of the district, including any additions to the district, may be made by the board of supervisors as provided by, and in accordance with sections 15.2-4309 through 15.2-4312 of the Code of Virginia.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-06, 6-9-21)

Pursuant to the Agricultural and Forestal Districts Act of the Commonwealth of Virginia, the Keezletown North Agricultural and Forestal district (hereinafter referred to as "district") is hereby created subject to the conditions and district term set forth in this division and as otherwise provided by section 15.2-4300 through section 15.2-4314 of the Code of Virginia, mutatis mutandis, the provisions of which, except as specifically modified herein, are adopted and incorporated herein by reference.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-06, 6-9-21)

The Keezletown North Agricultural and Forestal district shall consist of the following land: sixty (60) parcels spanning one thousand, eight hundred forty-two (1,842) acres, more or less, generally located north of the intersection of Indian Trail Road (Route 620) and Caverns Drive (Route 685), east of the intersection of Indian Trail Road (Route 717) and Minnie Ball Lane (Route 718), south of the intersection of Armentrout Path (Route 722) and Airey Lane (Route 868), and west of Lairds Knob, which includes the parcels shown on Rockingham County Real Estate Maps, as of the effective date of this district, numbered as:

96-(A)- L36A, 96-(A)- L50, 96-(A)- L53A, 97-(A)- L38, 97-(A)- L41, 97-(A)- L46, 97-(A)- L47, 97-(A)- L54, 97-(A)- L55, 97-(A)- L57, 97-(A)- L57A, 97-(A)- L57A1, 97-(A)- L61, 97-(A)- L62, 97-(A)- L62A, 97-(A)- L62B, 97-(A)- L62C, 97-(A)- L62D, 97-(A)- L63, 110-(A)- L124, 110-(A)- L125A, 111-(4)- L1E, 111-(4)- L1F, 111-(A)- L8B, 111-(A)- L13, 111-(A)- L15A, 111-(A)- L33, 111-(A)- L35, 111-(A)- L36, 111-(A)- L42, 111-(A)- L43, 111-(A)- L44D1, 111-(A)- L48, 111-(A)- L49, 111-(A)- L49A, 111-(A)- L49B, 111-(A)- L49B1, 111-(A)- L49B2, 111-(A)- L57A, 111-(A)- L57B, 111-(A)- L71, 111-(A)- L71A, 111-(A)- L72, 111-(A)- L72A, 111-(A)- L72B, 111-(A)- L88, 111-(A)- L90, 111-(A)- L98, 111-(A)- L100A, 111-(A)- L101, 111-(A)- L101C, 111-(A)- L101D, 111-(A)- L101E, 112-(A)- L1, 126-(A)- L174, 126-(A)- L177, and 126-(A)- L177A.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 14-12, 12-10-14; P.C. Ord. No. 21-06, 6-9-21; P.C. Ord. No. 22-25, § 3, 9-14-22)

The Keezletown North Agricultural and Forestal district shall comply with the following conditions:

(a)

Uses, structures, and accessory businesses shall be permitted on a parcel in compliance with the regulations that apply to the zoning of that parcel. However, the following uses shall be prohibited throughout the district:

(1)

Golf courses;

(2)

Golf driving ranges;

(3)

Public campgrounds; and

(4)

Auto graveyards or junkyards.

(b)

All parcels included in the district must be located fully within the district; no portion of the district parcel shall lie outside the district.

(c)

Parcels of land, as now defined in the county real estate records, within the district may be sold in their entirety but not subdivided to a nonfamily member during the term of the district status. However, the parcel under new ownership shall remain in the district status at least until the time of the next scheduled district renewal.

(d)

Parcels of land, as now defined in the county real estate records, within the district may only be subdivided by purchase or gift to immediate family members. However, this family subdivision shall remain in the district status for at least as long as the parent parcel remains in the district.

(e)

Residences for persons who earn a substantial part of their livelihood from agricultural or forestal operations on the same property, or for members of immediate family of the owner, shall be permitted in accordance with the Rockingham County Code.

(f)

The existing commercial transmission towers and supporting structures on Lairds Knob on parcel 112 (A) L1 may be expanded in compliance with then-current county permitting guidelines.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-06, 6-9-21)

The district shall be in effect for seven (7) years, from June 24, 2019, to June 24, 2026. A review of the district, including any additions to the district, may be made by the board of supervisors as provided by, and in accordance with, sections 15.2-4309 through 15.2-4312 of the Code of Virginia.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-06, 6-9-21)

Pursuant to the Agricultural and Forestal Districts Act of the Commonwealth of Virginia, the Keezletown South Agricultural and Forestal district (hereinafter referred to as "district") is hereby created subject to the conditions and district term set forth in this division and as otherwise provided by section 15.2-4300 through section 15.2-4314 of the Code of Virginia, mutatis mutandis, the provisions of which, except as specifically modified herein, are adopted and incorporated herein by reference.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-06, 6-9-21)

The Keezletown South Agricultural and Forestal district shall consist of the following land: seventeen (17) parcels spanning four hundred forty-two (442) acres, more or less, generally located north of Spotswood Trail (Route 33), east of Indian Trail Road (Route 620), south of the intersection of Indian Trail Road (Route 717) and Mountain Valley Road (Route 620), and west of Massanutten Peak, which includes the parcels shown on Rockingham County Real Estate Maps, as of the effective date of this district, numbered as:

126-(2)- LB, 126-(2)- LB3, 126-(2)- LB4, 126-(2)- LE, 126-(A)- L103, 126-(A)- L107A, 126-(A)- L108, 126-(A)- L112, 126-(A)- L112A, 126-(A)- L112B, 126-(A)- L150, 126-(A)- L171, 126-(A)- L172, 126A-(A)- L11, 126A-(A)- L14, 126A-(A)- L16, and 127-(A)- L4.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-06, 6-9-21; P.C. Ord. No. 22-25, § 4, 9-14-22)

The Keezletown South Agricultural and Forestal district shall comply with the following conditions:

(a)

Uses, structures, and accessory businesses shall be permitted on a parcel in compliance with the regulations that apply to the zoning of that parcel. However, the following uses shall be prohibited throughout the district:

(1)

Golf courses;

(2)

Golf driving ranges;

(3)

Public campgrounds; and

(4)

Auto graveyards or junkyards.

(b)

All parcels included in the district must be located fully within the district; no portion of the district parcel shall lie outside the district.

(c)

Parcels of land, as now defined in the county real estate records, within the district may be sold in their entirety but not subdivided to a nonfamily member during the term of the district status. However, the parcel under new ownership shall remain in the district status at least until the time of the next scheduled district renewal.

(d)

Parcels of land, as now defined in the county real estate records, within the district may only be subdivided by purchase or gift to immediate family members. However, this family subdivision shall remain in the district status for at least as long as the parent parcel remains in the district.

(e)

Residences, for persons who earn a substantial part of their livelihood from agricultural or forestal operations on the same property or for members of immediate family of the owner, shall be permitted in accordance with chapter 17.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-06, 6-9-21)

The district shall be in effect for seven (7) years, from June 24, 2012 2019, to June 24, 2019 2026. A review of the district, including any additions to the district, may be made by the board of supervisors as provided by, and in accordance with sections 15.2-4309 through 15.2-4312 of the Code of Virginia.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-06, 6-9-21)

Pursuant to the Agricultural and Forestal Districts Act of the Commonwealth of Virginia, the Oak Grove Agricultural and Forestal district (hereinafter referred to as district) is hereby created subject to the conditions and district term set forth in this division and as otherwise provided by section 15.2-4300 through section 15.2-4314 of the Code of Virginia, mutatis mutandis, the provisions of which, except as specifically modified herein, are adopted and incorporated herein by reference.

(P.C. Ord. No. 14-03, 9-24-14)

The Oak Grove Agricultural and Forestal district shall consist of the following land: sixty-four (64) parcels totaling one thousand three hundred seventy-one (1,371) acres, more or less, centered at the intersection of West Mosby Road (Route 701) and Pike Church Road (Route 712). The western boundary of the district abuts the Town of Dayton; the southern boundary of the district abuts the Town of Bridgewater; the eastern edge of the district lies approximately one thousand six hundred (1,600) feet from the City of Harrisonburg; and the northern edge of the district lies approximately one-half (0.5) mile from the City of Harrisonburg, numbered as:

107-A-235B, 107-A-242B, 108-A-200, 123-(3)-1, 123-(3)-1C1, 123-(4)-1, 123-(4)-2, 123-(4)-3, 123-A-27, 123-A-28, 123-A-28B, 123-A-34, 123-A-36, 123-A-37, 123-A-40, 123-A-41, 123-A-42, 123-A-43, 123-A-44, 123-A-46, 123-A-46F, 123-A-47B, 123-A-48, 123-A-48A, 123-A-49, 123-A-49A, 123-A-50, 123-A-58, 123-A-59, 123-A-59A,123-A-88, 123-A-89, 123-A-90, 123-A-91, 123-A-92, 123-A-93, 123-A-93A, 123-A-94, 123-A-96, 123-A-104, 123-A-105, 123-A-106, 123-A-107, 123-A-107A, 123-A-107C, 123-A-109, 123-A-119, 123-A-120, 123-A-121, 123-A-122, 123-A-123, 123-A-124, 123-A-125, 123-A-126, 123-A-127, 123A-1-1, 123A-2-1, 123A-2-1A, 123A-2-1B, 123A-2-1C, 123A-2-2, 123A-2-2A, 123A-2-4, and 123A-2-7.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 17-14, 4-26-17; P.C. Ord. No. 22-25, § 5, 9-14-22; P.C. Ord. No. 24-02, 3-27-24)

The Oak Grove Agricultural and Forestal district shall comply with the following conditions:

(a)

District landowners recognize that some of the land parcels included in the district may be in the Town of Dayton; or in the designated growth areas of Dayton, Bridgewater, or the county, as indicated in the comprehensive plans of both towns and of the county; or in the agreements defining annexation rights between the county and the Towns of Dayton and Bridgewater. Also, some parcels may be within the Harrisonburg Area Transportation Study plan area.

(b)

The Oak Grove Agricultural and Forestal District shall comply with chapter 16 (Subdivision of Land) of the County Code and with Sections 15.2-4300 through 15.2-4314 (Agricultural and Forestal Districts Act) of the Code of Virginia.

(c)

Parcels of land owned by sole owners, co-owners, partnerships, trusts, corporations, or limited liability companies shall be eligible for inclusion in this agricultural and forestal district as long as all owners, or their designated representatives, sign the application indicating their desire that the parcel be included in the district.

(d)

Any new nonagricultural or nonforestal uses and/or buildings, including dwellings, shall be in compliance with the following:

(1)

The uses shall be located on property where there is an ongoing agricultural or forestal operation that qualifies for land use taxation.

(2)

The use shall be permitted to operate only as long as the agricultural or forestal operation continues on the property.

(3)

Construction of a dwelling shall be for: (1) persons who earn a substantial part of their livelihood from agricultural or forestal operations on the same property, or (2) members of the immediate family of the owner.

(4)

Construction of community churches, with or without adjunctive cemeteries and/or church-related private schools shall be permitted. Land for this purpose may be transferred by gift or purchase from district landowners.

(e)

Parcels of land (as now defined on the county real estate maps) within the district may be sold to a nonfamily member during the term of district status. However, the parcel under new ownership shall remain in district status at least until the time of the next scheduled district renewal.

(f)

Land within the district may be subdivided by purchase or gift to immediate family members in compliance with chapter 16. However, this subdivision shall remain in district status for at least as long as the parent parcel remains in the district.

(g)

All included tracts shall be shown as separate parcels on the county real estate maps.

(P.C. Ord. No. 14-03, 9-24-14)

The district shall be in effect for seven (7) years, from April 26, 2024, to April 26, 2031. A review of the district, including any additions to the district, may be made by the board of supervisors as provided by, and in accordance with sections 15.2-4309 through 15.2-4312 of the Code of Virginia.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 17-14, 4-26-17; P.C. Ord. No. 24-02, 3-27-24)

Pursuant to the Agricultural and Forestal Districts Act of the Commonwealth of Virginia, the Ottobine Agricultural and Forestal district (hereinafter referred to as district) is hereby created subject to the conditions and district term set forth in this division and as otherwise provided by sections 15.2-4300 through 15.2-4314 of the Code of Virginia, mutatis mutandis, the provisions of which, except as specifically modified herein, are adopted and incorporated herein by reference.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-05, 6-9-21)

The Ottobine Agricultural and Forestal district shall consist of the following land: thirty-three (33) parcels spanning one thousand six hundred eighty-six (1,686) acres, more or less, generally located west of Ottobine in the southwestern portion of Rockingham County. In relation to the other nearby agricultural-forestal districts, the district is west of Dry River, northwest of Spring Creek and southwest of Western Rockingham. The district is compact rather than sprawling, extending in the north to Wheelbarger Hollow (Layman Hollow Lane), in the northeast to Union Springs Road, and to Briery Branch in the south. An isolated one-acre parcel, surrounded by the Spring Creek Agricultural and Forestal district, is even farther south at the southeast junction of Briery Branch Road and Spring Creek Road (Route 613). In the east, the district is adjacent to Ottobine Elementary School and on the west borders George Washington National Forest. The following parcels shown on county real estate maps, as of the effective date of this district, are part of the Ottobine district and numbered as:

89-(A)- L35A1, 90-(A)- L101, 90-(A)- L101A, 90-(A)- L102, 90-(A)- L103, 103-(A)- L171C, 103-(A)- L173, 104-(A)- L1, 104-(A)- L1C, 104-(A)- L8, 104-(A)- L13, 104-(A)- L14, 104-(A)- L14A, 104-(A)- L20, 104-(A)- L21, 104-(A)- L22, 104-(A)- L23, 104-(A)- L24, 104-(A)- L24A, 104-(A)- L25, 104-(A)-L127, 104-(A)- L127A, 104-(A)- L133, 104-(A)- L133B, 104-(A)- L134, and 104-(A)- L145A.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 19-06, 4-24-19; P.C. Ord. No. 19-09, 5-22-19; P.C. Ord. No. 21-05, 6-9-21; P.C. Ord. No. 22-25, § 6, 9-14-22)

The intent of these conditions is to strengthen the existing agricultural community in order to ensure its continued economic viability. The Ottobine Agricultural and Forestal district shall comply with the following conditions:

(a)

Uses, structures, and accessory businesses shall be permitted on a parcel in compliance with the regulations that apply to the zoning of that parcel. However, the following uses shall be prohibited throughout the district:

(1)

Golf courses;

(2)

Golf driving ranges;

(3)

Campgrounds;

(4)

Shooting ranges;

(5)

Auto graveyards or junkyards;

(6)

Recreational or amusement enterprises operating outside a building for profit.

(b)

All parcels included in the district must be located fully within the district; no portion of a district parcel shall lie outside the district.

(c)

Parcels of land, as now defined in the county real estate records, within the district may be sold in their entirety but not subdivided to a nonfamily member during the term of district status. However, the parcel under new ownership shall remain in district status at least until the time of the next scheduled district renewal.

(d)

Parcels of land, as now defined in the county real estate records, within the district may only be subdivided by purchase or gift to immediate family members. However, this family subdivision shall remain in district status for at least as long as the parent parcel remains in the district.

(e)

Residences for persons who earn a substantial part of their livelihood from agricultural or forestal operations on the same property, or for members of the immediate family of the owner, shall be permitted in accordance with the County Code.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-05, 6-9-21)

The district shall be in effect for ten (10) years, from July 12, 2021, to July 12, 2031. A review of the district, including any additions to the district, may be made by the board of supervisors as provided by, and in accordance with sections 15.2-4309 through 15.2-4312 of the Code of Virginia.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-05, 6-9-21)

Pursuant to the Agricultural and Forestal Districts Act of the Commonwealth of Virginia, the Spring Creek Agricultural and Forestal district (hereinafter referred to as district) is hereby created subject to the conditions and district term set forth in this division and as otherwise provided by sections 15.2-4300 through 15.2-4314 of the Code of Virginia, mutatis mutandis, the provisions of which, except as specifically modified herein, are adopted and incorporated herein by reference.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-06, 6-9-21)

The Spring Creek Agricultural and Forestal district shall consist of the following land: fifty-eight (58) parcels spanning two thousand three hundred and ninety-two (2,392) acres, more or less, generally located south of Ottobine, west of the Town of Bridgewater, east of Windy Cove Road/Lambert Town Road (Route 755), and north of the Augusta County line, which includes the parcels, shown on the county real estate maps, as of the effective date of this district, numbered as:

104-A-121, 104-A-126, 104-A-129, 105-A-103, 105-A-111, 105-A-111B, 105-A-113, 105-A-181B, 105-A-189C, 105-A-189D, 105-A-91A, 120-1-1B, 120-1-3, 120-1-3A, 120-A-59, 121-1-1, 121-1-2, 121-A-1, 121-A-15, 121-A-1A, 121-A-2, 121-A-24, 121-A-24A, 121-A-32, 121-A-38H, 121-A-39A, 121-A-39A1, 121-A-4, 121-A-40, 121-A-42, 121-A-43A, 121-A-45, 121-A-45E, 121-A-5, 121-A-50A, 121-A-52, 121-A-54B, 121-A-61A,121-A-66A, 121-A-70, 121-A-71, 121-A-73, 121-A-74, 121-A-75, 121-A-75B, 121-A-77, 121-A-84, 121-A-84A, 121-A-84D, 121-A-9, 121-A-96, 122-A-25A, 122-A-26, 122-A-26A, 122-A-3, 135-A-1, 135-A-2, 135-A-20.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 16-02, 1-13-16; P.C. Ord. No. 17-20, 8-23-17; P.C. Ord. No. 21-06, 6-9-21; P.C. Ord. No. 24-04, 5-22-24)

The Spring Creek Agricultural and Forestal district shall comply with the following conditions:

(a)

District landowners recognize that some of the land parcels included in the district may be in the designated growth areas of the Town of Bridgewater or the county, as indicated in the Comprehensive Plans of Bridgewater and of the county; or in the agreements defining annexation rights between the county and the Town of Bridgewater. Also, some parcels may be within the Harrisonburg Area Transportation Study plan area.

(b)

The Spring Creek Agricultural and Forestal district shall comply with chapter 16 (subdivision of land) of the County Code and with sections 15.2-4300 through 15.2-4314 (Agricultural and Forestal Districts Act) of the Code of Virginia.

(c)

Parcels of land owned by sole owners, co-owners, partnerships, trusts, corporations, or limited liability companies shall be eligible for inclusion in this agricultural and forestal district as long as all owners, or their designated representatives, sign the application indicating their desire that the parcel be included in the district.

(d)

Any new nonagricultural or nonforestal uses and/or buildings, including dwellings, shall be in compliance with the following:

(1)

The uses shall be located on property where there is an ongoing agricultural or forestal operation that qualifies for land use taxation.

(2)

The use shall be permitted to operate only as long as the agricultural or forestal operation continues on the property.

(3)

Construction of a dwelling shall be for: (1) persons who earn a substantial part of their livelihood from agricultural or forestal operations on the same property, or (2) members of the immediate family of the owner. The uses shall be located on property where there is an ongoing agricultural or forestal operation that qualifies for land use taxation.

(4)

Construction of community churches, with or without adjunctive cemeteries and/or church-related private schools shall be permitted. Land for this purpose may be transferred by gift or purchase from district landowners.

(e)

Parcels of land (as now defined on the county real estate maps) within the district may be sold to a nonfamily member during the term of district status. However, the parcel under new ownership shall remain in district status at least until the time of the next scheduled district renewal.

(f)

Land within the district may be subdivided by purchase or gift to immediate family members in compliance with subsection 16-9(c) of the County Code. However, this subdivision shall remain in district status for at least as long as the parent parcel remains in the district.

(g)

All included tracts shall be shown as separate parcels on the county real estate maps.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-06, 6-9-21)

The district shall be in effect for ten (10) years, from January 27, 2020, to January 27, 2030. A review of the district, including any additions to the district, may be made by the board of supervisors as provided by, and in accordance with sections 15.2-4309 through 15.2-4312 of the Code of Virginia.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-06, 6-9-21)

Pursuant to the Agricultural and Forestal Districts Act of the Commonwealth of Virginia, the Western Rockingham Agricultural and Forestal district (hereinafter referred to as district) is hereby created subject to the conditions and district term set forth in this division and as otherwise provided by sections 15.2-4300 through 15.2-4314 of the Code of Virginia, mutatis mutandis, the provisions of which, except as specifically modified herein, are adopted and incorporated herein by reference.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-03, 3-24-21)

The Western Rockingham Agricultural and Forestal district shall consist of the following land: one hundred thirty-eight (138) parcels spanning five thousand four hundred sixty-seven (5,467) acres, more or less, generally located north of Rawley Pike (Route 33) and south of Greenmount Road (Route 772), west of the Harrisonburg city limits and east of the George Washington National Forest. The following parcels shown on county real estate maps, as of the effective date of this district, are numbered as:

61-(2)- L3, 61-(A)- L34, 61-(A)- L56, 76-(2)- L1, 76-(2)- L2, 76-(3)- L9, 76-(A)- L40, 76-(A)- L40A, 76-(A)- L41, 76-(A)- L41B, 76-(A)- L42, 76-(A)- L43, 76-(A)- L45, 76-(A)- L45A, 76-(A)- L45B, 76-(A)- L47A, 76-(A)- L54, 76-(A)- L57, 76-(A)- L57B, 76-(A)- L57D, 77-(4)- L1, 77-(A)- L1, 77-(A)- L3, 77-(A)- L3A1, 77-(A)- L4A, 77-(A)- L5B, 77-(A)- L5B1, 77-(A)- L13A, 77-(A)- L21C, 77-(A)- L23B, 77-(A)- L23B3, 77-(A)- L28, 77-(A)- L29, 77-(A)- L36, 77-(A)- L55, 77-(A)- L101, 77-(A)- L101B, 77-(A)- L101B1, 77-(A)- L119, 77-(A)- L119C, 77-(A)- L128, 77-(A)- L129, 77-(A)- L131A, 77-(A)- L132, 78-(A)- L27, 90-(A)- L67, 91-(A)- L4, 91-(A)- L13, 91-(A)- L17, 91-(A)- L18, 91-(A)- L19, 91-(A)- L29, 91-(A)- L39, 91-(A)- L40, 91-(A)- L42, 91-(A)- L47, 91-(A)- L47A, 91-(A)- L48, 91-(A)- L48A, 91-(A)- L48A1, 91-(A)- L49A, 91-(A)- L61, 91-(A)- L121A, 91-(A)- L129, 91-(A)- L131A, 91-(A)- L132B, 91-(A)- L134, 91-(A)- L135, 91-(A)- L139, 91-(A)- L139A, 91-(A)- L154A, 91-(A)- L158, 91-(A)- L184B, 91-(A)- L194, 91-(A)- L194A, 91-(A)- L210, 91-(A)- L211, 91-(A)- L212, 92-(6)- L2, 92-(9)- L3, 92-(9)- L4A1, 92-(9)- L4B, 92-(A)- L4, 92-(A)- L34, 92-(A)- L43, 92-(A)- L47, 92-(A)- L47E, 92-(A)- L55, 92-(A)- L75A, 92-(A)- L82, 92-(A)- L84, 92-(A)- L85, 92-(A)- L91, 92-(A)- L103, 92-(A)- L112, 92-(A)- L112A, 92-(A)- L113, 92-(A)- L114, 92-(A)- L115, 92-(A)- L117, 92-(A)- L118, 92-(A)- L119, 92-(A)- L124, 92-(A)- L125, 92-(A)- L142, 92-(A)- L144A, 92-(A)- L144A2, 92-(A)- L148, 92-(A)- L149, 92-(A)- L154, 92-(A)- L154A, 92-(A)- L165, 92-(A)- L170, 92-(A)- L171, 92-(A)- L173, 92-(A)- L174, 93-(A)- L1, 93-(A)- L2, 93-(A)- L2B, 93-(A)- L3, 93-(A)- L4, 93-(A)- L4B, 93-(A)- L10, 93-(A)- L11A5, 93-(A)- L17, 93-(A)- L17B, 93-(A)- L23, 93-(A)- L45, 93A-(4)- L9, 93A-(5)- L6, 93A-(5)- L7, 93A-(5)- L9, 93A-(5)- L10, 93A-(5)- L11, 93A-(6)- L5, 107-(A)- L51A, 107-(A)- L52, and 108-(A)- L20.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 15-02, 1-28-15; P.C. Ord. No. 15-14, 3-25-15; P.C. Ord. No. 16-01, 1-13-16; P.C. Ord. No. 17-13, 4-26-17; P.C. Ord. No. 17-21, 8-23-17; P.C. Ord. No. 21-03, 3-24-21; P.C. Ord. No. 22-25, § 7, 9-14-22)

The intent of these conditions is to strengthen the existing agricultural community in order to ensure its continued economic viability. The Western Rockingham Agricultural and Forestal district shall comply with the following conditions:

(a)

Uses, structures, and accessory businesses shall be permitted on a parcel in compliance with the regulations that apply to the zoning of that parcel. However, the following uses shall be prohibited throughout the district:

(1)

Golf courses;

(2)

Golf driving ranges;

(3)

Campgrounds;

(4)

Shooting ranges;

(5)

Auto graveyards or junkyards;

(6)

Recreational or amusement enterprises operating outside a building for profit.

(b)

All parcels included in the district must be located fully within the district; no portion of a district parcel shall lie outside the district.

(c)

Parcels of land, as now defined in the county real estate records, within the district may be sold in their entirety but not subdivided to a nonfamily member during the term of district status. However, the parcel under new ownership shall remain in district status at least until the time of the next scheduled district renewal.

(d)

Parcels of land, as now defined in the county real estate records, within the district may only be subdivided by purchase or gift to immediate family members. However, this family subdivision shall remain in district status for at least as long as the parent parcel remains in the district. Residences for persons who earn a substantial part of their livelihood from agricultural or forestal operations on the same property, or formembers of the immediate family of the owner, shall be permitted in accordance with the County Code.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-03, 3-24-21)

The district shall be in effect for ten (10) years, from March 29, 2021, to March 29, 2031. A review of the district, including any additions to the district, may be made by the board of supervisors as provided by, and in accordance with sections 15.2-4309 through 15.2-4312 of the Code of Virginia.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 21-03, 3-24-21)

Pursuant to the Agricultural and Forestal Districts Act of the Commonwealth of Virginia, the Mauzy Agricultural-Forestal District (hereinafter referred to as district) is hereby created subject to the conditions and district term set forth in this division and as otherwise provided by sections 15.2-4300 through 15.2-4314 of the Code of Virginia, mutatis mutandis, the provisions of which, except as specifically modified herein, are adopted and incorporated herein by reference.

(P.C. Ord. No. 24-01, 3-27-24; P.C. Ord. No. 25-01, 3-12-25)

The Mauzy Agricultural and Forestal district shall consist of the following land: sixty-five (65) parcels totaling one thousand six hundred eighty-six (1,686) acres, more or less, centered around exit 257 of Interstate 81 where it intersects Route 11. Generally, the district is located South of Route 798 (Arkton Rd), West of Route 620 (Mountain Valley Rd), North of Martz Rd, and East of Route 619 (Phillips Store Rd), which includes the parcels shown on Rockingham County Real Estate Maps, as of the effective date of this district, numbered as:

67-A-69, 67-A-106C, 67-A-16, 67-A-106A, 66-A-185, 67-A-70, 67-A-72B, 67-A-72D, 66-A-190, 67-A-11A, 66-A-182, 66-A-116, 66-A-117, 66-A-187, 66-A-187A, 66-A-187B, 66-A-187C, 66-A-188, 67-A-108, 67-A-65, 67-2-2B, 67-2-2A1, 67-2-1B, 67-2-2A, 66-A-190B, 66-A-190C, 66-A-205B, 66-A-205, 66-A-119, 66-A-183A, 66-A-183A1, 66-A-184, 67-A-2, 67-A-2B, 66-A-122, 66-A-121, 53-A-37, 53-A-39, 53-A-36, 53-A-36A, 67-A-8, 66-A-189, 66-A-186B, 66-A-190D, 66-A-150, 66-A-153, 66-6-3, 66-A-190F, 66-A-186C, 66-A-183A1A, 67-A-68, 67-A-11C, 66-6-2, 66-A-50C, 81-A-125, 66-A-37, 66-A-38, 66-A-63, 66-A-50, 66-A-50A, 67-A-7, 66C-1-5, 67-1-2, 66-A-122A, and 67-A-55B1.

(P.C. Ord. No. 24-01, 3-27-24; P.C. Ord. No. 25-01, 3-12-25)

The intent of these conditions is to strengthen the existing agricultural community in order to ensure its continued economic viability, conserve and protect agricultural and forestal lands as valued natural and ecological resources, and for aesthetic purposes. The Mauzy Agricultural and Forestal district shall comply with the following conditions:

(a)

Parcels of land owned by sole owners, co-owners, partnerships, trusts, corporations, or limited liability companies shall be eligible for inclusion in this agricultural and forestal district as long as all owners, or their designated representatives, sign the application indicating their desire that the parcel be included in the district.

(b)

Parcels of land, as now defined in the county real estate records, within the district may be sold in their entirety but not subdivided to a non-family member during the term of district status. However, the parcel under new ownership shall remain in district status at least until the time of the next scheduled district renewal.

(c)

Parcels of land, as now defined in the county real estate records, within the district may only be subdivided by purchase or gift to immediate family members. However, this family subdivision shall remain in district status for at least as long as the parent parcel remains in the district.

(d)

Any new nonagricultural or nonforestal uses and/or buildings, including dwellings, shall be in compliance with the following:

(1)

The uses shall be located on property where there is an ongoing agricultural or forestal operation that qualifies for land use taxation.

(2)

The use shall be permitted to operate only as long as the agricultural or forestal operation continues on the property.

(3)

Construction of a dwelling shall be for: (1) persons who earn a substantial part of their livelihood from agricultural or forestal operations on the same property, or (2) members of the immediate family of the owner.

(e)

The following uses shall be prohibited throughout the district:

(1)

Antique or craft shop;

(2)

Automobile graveyards;

(3)

Campgrounds;

(4)

Convenience stores;

(5)

Impound lots;

(6)

Motor vehicle repair shops;

(7)

Parking facilities;

(8)

Golf courses.

(P.C. Ord. No. 24-01, 3-27-24)

The district shall be in effect for seven (7) years, from March 27, 2024, to March 27, 2031. A review of the district, including any additions to the district, may be made by the board of supervisors as provided by, and in accordance with sections 15.2-4309 through 15.2-4312 of the Code of Virginia.

(P.C. Ord. No. 24-01, 3-27-24)

Editor's note— P.C. Ord. No. 16-16, adopted Jan. 27, 2016, enacted provisions designated as §§ 17-520—17-523. In order to conform to the format of the zoning code, said provisions have been included as §§ 17-520—17-520.03, at the discretion of the editor.

(a)

If approved by the board of supervisors, the county may co-hold a voluntarily offered conservation easement within the Battlefield Conservation Area.

(P.C. Ord. No. 16-16, 1-27-16)

(a)

The Battlefield Conservation Area includes properties that are, in whole or in part, within the boundaries of the Cross Keys Battlefield Study Area or Port Republic Battlefield Study Area, as delineated in the Cross Keys and Port Republic Battlefield Preservation Plan, as amended.

(b)

Parcels that are within the county's urban growth area are excluded from the Battlefield Conservation Area.

(P.C. Ord. No. 16-16, 1-27-16)

(a)

Minimum standards. Each conservation easement accepted by the county shall conform to the requirements of the Open-Space Land Act, Code of Virginia (1950) Section 10.1-1700 et seq., as amended (the Act), and any additional standards adopted by the board of supervisors.

(b)

Easement holder. The county, upon approval by the board of supervisors, may be a co-holder with one (1) or more other public bodies, as defined in the Act or one (1) or more charitable organizations authorized to hold conservation easements under the Virginia Conservation Easement Act, Code of Virginia (1950) Section 10.1-1009 et seq., as amended.

(P.C. Ord. No. 16-16, 1-27-16)