Table 17-601, zoning and land uses, lists the permitted, special use, and accessory uses available for all zoning districts set forth in article III, districts, conventional, and article IV, districts, planned, of this chapter.

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

Permitted uses shall be a matter of right. Supplemental standards apply as indicated.

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

When, after review of an application and hearing thereon, in accordance with article X, procedures, special uses may be permitted with a special use permit. Supplemental standards apply as indicated.

(P.C. Ord. No. 14-03, 9-24-14; P.C. Ord. No. 18-06, 5-23-18)

Where an area is devoted to a permitted primary use, customary accessory uses and structures are authorized. Supplemental standards apply as indicated.

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

(a)

The standards of this article shall supplement the applicable zoning district ordinances and the development standards of this chapter in a manner that specifically addresses the unique development challenges of certain uses.

(b)

Supplemental standards shall not substitute for other more stringent provisions of this ordinance that may apply or for additional conditions that may result in connection with special use or rezoning approvals.

(c)

The supplementary standards shall apply to new development, redevelopment, or a change of use.

(1)

Supplemental standards shall supplement the requirements of the applicable zoning district in which the use is permitted by right, by special use, or accessory use, unless stated otherwise.

(2)

In accord with article X, procedures, the board of supervisors may impose additional conditions in connection with special uses (special exceptions) some of which may be more restrictive than the following supplemental standards.

(3)

All uses, structures, or facilities shall comply with pertinent federal, state, and local laws, regulations, and policies whether or not they are referenced in this article.

(P.C. Ord. No. 17-23, 9-27-17)

Editor's note— P.C. Ord. No. 17-23, adopted Sept. 27, 2017, repealed § 17-605 in its entirety and enacted a new § 17-605 to read as set out herein. Former § 17-605 pertained to similar subject matter and derived from P.C. Ord. No. 14-03, adopted Sept. 24, 2014.

The zoning districts in the following table are:

A-1, Prime Agricultural

A-2, General Agricultural

RV, Rural Village

RR-1, Residential or Recreational

R-1, Low Density Residential

R-2, Medium Density Residential

R-3, General Residential

PSF, Planned Single Family

PMF, Planned Multi-Family

PG, Planned Growth

R-4, Planned Resort

R-5, Planned Neighborhood

MH-1, Mixed Home

MHP, Planned Manufactured Home Park

MXU, Mixed Use

B-1, General Business

B-2, Neighborhood Business

BX, Business Interchange District

PCD, Planned Commercial Development

PMR, Planned Medical and Research

I-1, Industrial

PID, Planned Industrial

S-1, Public Service

(P.C. Ord. No. 17-24, 9-27-17; P.C. Ord. No. 17-27, 9-27-17; P.C. Ord. No. 18-02, 2-28-18; P.C. Ord. No. 19-15, 7-17-19; P.C. Ord. No. 19-19, 8-28-19; P.C. Ord. No. 20-02, 1-8-20; P.C. Ord. No. 20-06, 11-18-20; P.C. Ord. No. 21-02, 1-13-21; P.C. Ord. No. 21-07, 7-28-21; P.C. Ord. No. 21-10, 9-22-21; P.C. Ord. No. 21-13, 10-13-21; P.C. Ord. No. 21-16b, 11-17-21; P.C. Ord. No. 22-17, 3-23-22; P.C. Ord. No. 22-24, 8-24-22; P.C. Ord. No. 23-03, 3-8-23; P.C. Ord. No. 23-07, 5-24-23; P.C. Ord. No. 23-13, 7-26-23; P.C. Ord. No. 25-05, 3-26-25; P.C. Ord. No. 25-09, 6-11-25)

Editor's note— P.C. Ord. No. 17-24, adopted Sept. 27, 2017, repealed § 17-606 in its entirety and enacted a new § 17-606 to read as set out herein. Former § 17-606 pertained to similar subject matter. See the Code Comparative Table for a complete derivation.

Agriculture.

In the PMR zoning district, agriculture shall be limited to horticulture.

Agriculture-related business, not otherwise listed.

(a)

Total building area for any business shall not exceed two thousand five hundred (2,500) square feet.

(b)

Outside storage shall be limited to no more than one-half (½) acre and shall meet the requirements of section 17-705, outdoor commercial storage.

(c)

There shall be no lighted signs.

Animal hospital.

(a)

In the RV, MXU and PCD zoning districts, the animal hospital shall not service large animals, such as livestock, on site.

(b)

In the A-1, A-2, RV, MXU, and PCD zoning districts:

(1)

Any buildings, runs, or containment areas associated with an animal hospital shall meet the following setbacks:

a.

One hundred fifty (150) feet from any property line, reducible to seventy-five (75) feet if notarized consent is obtained from the affected adjoining landowner and submitted as a part of the application.

(2)

An affidavit indicating mutual consent for any reduction shall be provided to the zoning administrator.

(3)

Use of outdoor runs shall be limited to 7:00 a.m. to 9:00 p.m.

(4)

The owner of the animal hospital shall submit, as a part of the application, a plan for waste disposal meeting all regulatory requirements.

(c)

In the A-1, A-2, RV, MXU, B-1, B-2, and PCD zoning districts, on-site disposal of dead animals shall meet all regulatory requirements for incineration.

Animal shelter.

In the A-2, RV, B-1, MXU, PCD, and I-1 zoning districts:

(1)

Any buildings, runs, or containment areas associated with an animal shelter shall meet the following setbacks:

a.

One hundred fifty (150) feet from any property line, reducible to seventy-five (75) feet if notarized consent is obtained from the affected adjoining landowner and submitted as a part of the application.

(2)

Hours that the facility is open to the public shall be limited to 6:00 a.m. to 9:00 p.m.

(3)

Use of outdoor runs shall be limited to 7:00 a.m. to 9:00 p.m.

(4)

The owner of the animal shelter shall submit, as a part of the application, a plan for waste disposal meeting all regulatory requirements.

(5)

On-site disposal of dead animals shall meet all regulatory requirements for incineration.

(6)

Screening, planting, fencing, preservation of trees, location of entrances, location of structures, or other mitigation techniques may be required to ensure minimal impact on surrounding uses.

Animal, domestic.

(a)

In the A-1 and A-2 zoning districts, unless property meets the definition of farm under section 17-201, the keeping of any animals or poultry listed in the definition of animal husbandry shall be limited to one (1) animal unit per acre, not to exceed four (4) animal units.

(b)

In the RV, RR-1, PG, and I-1 zoning district, animal husbandry shall be limited to personal use or casual sales only, limited to one (1) animal unit per acre, not to exceed four animal units except that there shall be no more than five (5) birds or fowl per lot.

Auction facility.

(a)

In the A-1 and A-2 zoning district:

(1)

The auction facility shall only auction livestock or other agricultural products.

(2)

The minimum lot size on which the auction facility is located shall be five (5) acres.

(3)

No structure shall be located closer than fifty (50) feet to any property line.

(4)

No livestock pens shall be located any closer than three hundred (300) feet from any property line.

(5)

The auction facility shall front on a state-maintained road unless the board of supervisors finds that the type and amount of traffic generated by the facility is such that it will not cause an undue impact on the neighbors or adversely affect safety or road usage.

(6)

Outdoor public address system shall be utilized only between 8:00 a.m. and 9:00 p.m.

(7)

No item shall be located on the property for more than four (4) weeks unless stored in a building.

(b)

In the RV and B-1 zoning districts, all products and sales shall be fully contained indoors.

Automobile graveyard.

(a)

The graveyard shall be located within a fully fenced area and screened.

(b)

The height of the fencing and screening shall be no lower than the functions/items being screened.

Bed and breakfast inn.

(a)

The owner or manager shall live on site and shall provide full-time management of the premises at all times when the establishment is occupied by guests.

(b)

A bed and breakfast inn shall have no more than five (5) guest bedrooms for transient overnight occupancy.

(c)

The establishment shall provide breakfast for overnight guests only.

Biomass conversion facility.

In the A-1 or A-2 zoning district:

(1)

At least fifty (50) percent of the biomass shall be produced on-site or produced by the owner of the conversion equipment.

(2)

Hours of operation shall be limited to between 6:00 a.m. and 9:00 p.m.

(3)

No structure used for storage of biomass and no outside storage of biomass shall be located closer than one hundred fifty (150) feet to any property line and no closer than one hundred (100) feet from the travel surface of public roadways.

(4)

Any biomass conversion facility, not to include office or biomass storage space, shall occupy no more than four thousand (4,000) square feet.

(5)

Each biomass conversion facility shall be set back at least one thousand (1,000) feet, not subject to reduction, from the following:

a.

Incorporated town and city boundaries;

b.

Public wells, springs, and water resource areas;

c.

Designated urban growth areas;

d.

Residentially zoned districts;

e.

Manufactured home parks;

f.

Manufactured home subdivisions;

g.

Public schools;

h.

County, town and community recreation areas; and

i.

Jurisdictional waterways.

(6)

A special use permit shall be obtained for facilities that do not meet the requirements listed above.

Bulk storage of liquid petroleum gas.

In the A-1 and A-2 zoning districts:

(a)

Up to a thirty thousand (30,000) gallon tank for the storage and distribution of liquid petroleum gas shall be permitted.

(b)

Large tractor trailer delivery to the site shall be limited to four (4) trucks per week.

Bus or rail terminal.

(a)

In the B-1 and B-2 zoning districts within the Urban Development Area shown on the comprehensive plan, Bus or rail terminals shall be by special use permit.

Cabinet, furniture, woodworking, upholstery shop.

(a)

Shall be by special use permit in the B-1 and B-2 zoning districts within the Urban Development Area shown on the comprehensive plan.

Camp.

In the A-1, A-2, and RV zoning districts:

(1)

If the request is for an addition within the existing camp, no special use permit shall be required. However, if the request is for an expansion of the camp onto an area of property not currently used for a camp or onto an additional parcel, a special use permit shall be required.

(2)

Any new camp shall require a special use permit.

Campground.

In the A-1, A-2 and R-4 zoning districts:

(1)

No recreational vehicle, camping sites, structure, or facility shall be located closer than one hundred (100) feet to any property line.

(2)

No more than two (2) full-time dwelling units shall be permitted. Full time occupancy shall be limited to the campground owner or employee.

(3)

Non-full-time occupancy shall be limited to thirty (30) days within a period of three (3) months.

(4)

All associated uses and their location within the campground shall be shown in a site plan. Associated uses include public use facilities such as roads, restrooms, and service buildings, and may include recreational amenities such as swimming pools and playgrounds.

Car wash.

(a)

In the B-1 zoning district within the Urban Development Area shown on the comprehensive plan, Car wash shall be by special use permit.

Carpet and rug cleaning service.

(a)

In the B-1 and B-2 zoning districts within the Urban Development Area shown on the comprehensive plan, Carpet and rug cleaning service shall be by special use permit.

Cemetery.

In the A-1, A-2 and RV zoning districts, more than one (1) gravesite located on a parcel of land constitutes a cemetery.

Company store.

(1)

The interior floor area of the company store shall not exceed one thousand five hundred (1,500) square feet.

(2)

Access to the company store shall be separated from industry-related traffic.

(3)

On-site pedestrian and vehicular circulation shall be separated from industry-related traffic.

(4)

Any outdoor display shall be separated from the industrial area.

Confined feedlot or loafing lot.

No runoff from the confined feedlot or loafing lot shall be permitted to leave the property.

Contractor's operation.

(a)

In the B-1 zoning district within the Urban Development Area shown on the comprehensive plan, Contractor's operation shall be by special use permit.

Contractor's operation, small.

In the A-1, A-2, and RV zoning districts:

(1)

No more than five (5) persons shall be engaged in the operation of the business on site.

(2)

No more than five (5) vehicles and five (5) pieces of equipment (other than employees' personal vehicles) shall be operated from the site or located outside the building.

(3)

The area covered by all structures used in connection with such use, excluding a parking area, shall not exceed a total of five thousand (5,000) square feet.

Convenience store.

In the A-2, and RV zoning districts:

(1)

Building shall be limited to no more than four thousand (4,000) square feet, and

(2)

Customer seating shall comprise no more than twenty (20) percent of the convenience store square footage.

Craft brewery.

(a)

In the R-4, R-5, MXU, B-1, B-2, PCD, and PMR zoning districts, annual production shall be no more than two hundred fifty thousand (250,000) barrels of beer or ale.

(b)

In the A-1 and A-2 zoning districts, the annual production shall be no more than fifteen thousand (15,000) barrels of beer or ale.

Dwelling, accessory.

(a)

Any enclosed area used for the accessory dwelling shall not exceed fifteen hundred (1,500) square feet.

(b)

Only one (1) accessory dwelling shall be permitted per parcel.

(c)

In addition to (a) and (b) above, in the R-1, R-2, PSF, MXU, R-4, and R-5 zoning districts, all accessory dwellings shall have direct vehicular access to a public or private street.

Dwelling, additional.

(a)

No more than two (2) additional dwellings shall be allowed on parcels where there are at least fifteen (15) acres per additional dwelling. Dwellings shall be arranged in such a manner that, if the parcel of land on which any dwelling is located is at any time subdivided, no nonconforming lot or structure shall thereby be created.

Dwelling, in-house security service.

Only one (1) in-house security service dwelling shall be permitted for any one (1) use.

Dwelling, live/work.

A change of use to an approved commercial use shall not cause change in the exterior of the structure.

(1)

The cumulative sign area for each unit shall not exceed four (4) square feet with no dimension of any individual sign greater than thirty-six (36) inches.

(2)

No outdoor display or storage of materials, goods, supplies, or equipment in relation to the commercial aspect of the unit will be allowed.

(3)

There shall be no deliveries associated with the live/work unit prior to 8:00 a.m. or later than 8:00 p.m.

(4)

In addition to (1)—(3) above, in the B-1 and B-2 zoning districts, the residential space shall be accessory to the commercial use.

Dwelling, manufactured home.

(a)

All manufactured homes shall display a HUD seal of approval or the seal of a testing facility approved by the Commonwealth of Virginia. All manufactured homes shall meet the plumbing, electrical, building, and anchoring requirements of the Uniform Statewide Building Code.

(b)

All manufactured homes shall be completely skirted.

(c)

All devices designed for the transportation of the unit shall be removed or completely concealed by the skirting.

(d)

Manufactured homes shall only be used for residential single-family dwelling purposes, except that manufactured homes may be used as offices on a manufactured home dealer's lot and as an office in a manufactured home park or mixed home subdivision by the park owner or manager of the park or subdivision.

(e)

Manufactured homes shall be neither used for storage buildings nor stored on property except on manufactured home sales lots approved by the county.

(f)

No manufactured home shall be moved onto any lot, whether in a park, subdivision, or on private land without first obtaining proper permits from the county.

(g)

Gasoline, liquefied petroleum, gas, or oil storage tanks shall be so installed as to comply with all county, state, and federal fire prevention and protection regulations.

(h)

All structures accessory to a manufactured home, whether in a park, subdivision, or on private land, erected or constructed after October 1, 2014, shall meet the following requirements:

(1)

All porches, decks, or other accessory structures shall meet the requirements of the Uniform Statewide Building Code, and the proper permits shall be obtained.

(2)

Any accessory structure placed on a manufactured home lot shall be accessory only to the manufactured home.

(3)

At a minimum, a four (4) foot by four (4) foot landing shall be required at each door and shall be in place prior to final inspection and occupancy of the home.

(i)

For the purpose of this chapter, any home constructed prior to 1976, known as a mobile home, shall meet the same requirements as a manufactured home.

Dwelling, rowhouse.

(a)

No more than eight (8) rowhouses shall be included in any rowhouse grouping.

(b)

The facades of rowhouse dwelling units shall have variation in materials or design, so that not more than two (2) abutting units will have the same, or essentially the same, architectural treatment of facades.

(c)

No more than two (2) abutting units shall have the same front setback. Setbacks for abutting units shall be no less than two (2) feet in variation.

Dwelling, single-family detached.

(a)

"Dwelling, single-family detached" served by private well or septic system shall be by special use permit in the R-1 and R-2 zoning districts within an urban growth area designated in the comprehensive plan.

Dwelling, single-family detached with independent living quarters.

(a)

No more than one (1) independent living quarter shall be permitted in any single-family dwelling;

(b)

Independent living quarters shall not be metered separately for water or electric service or be separately connected to the public water or sewer system;

(c)

No independent living quarters shall be constructed or occupied in any dwelling unless:

(1)

The owner of record personally resides in such dwelling;

(2)

The independent living quarters are occupied by a person or group of persons meeting the definition of immediate family in this ordinance; or

(3)

The person living in the independent living quarters is the caretaker for either another person living in the independent living quarters or in the dwelling in which it is located;

(d)

No independent living quarters shall have a floor area in excess of six hundred (600) square feet or twenty-five (25) percent of the finished floor area of the existing dwelling in which it is located, whichever is greater;

(e)

A statement shall be submitted to the zoning administrator, certifying that the dwelling and the independent living quarters shall comply with these supplemental standards pertaining to independent living quarters.

Dwelling, temporary family health care structure.

For a temporary family health care structure, the following supplemental standards shall be met:

(1)

A temporary family health care structure shall be accessory to a primary single-family detached dwelling only.

(2)

Only one (1) temporary family health care structure shall be permitted on any lot on which a single-family detached dwelling is located.

(3)

The applicant shall show that the mentally or physically impaired person is a resident of Virginia who requires assistance with two (2) or more activities of daily living, as defined in section 63.2-2200 of the Code of Virginia, as certified in writing by a physician licensed by the Commonwealth of Virginia.

(4)

Any person proposing to install a temporary family health care structure shall first obtain a permit from the zoning administrator. A fee shall be charged, as set forth by the board of supervisors.

(5)

Any temporary family health care structure installed pursuant to this section shall be required to connect to any water, sewer, and electric utilities serving the primary single-family detached dwelling on the property and shall comply with all applicable requirements of the Virginia Department of Health.

(6)

No signage advertising or otherwise promoting the existence of the structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property.

(7)

The caregiver shall provide evidence of compliance with this section on an annual basis, by January 31 of each year, as long as the temporary family health care structure remains on the property. Such evidence may involve the inspection by the zoning administrator of the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation.

(8)

Any temporary family health care structure installed pursuant to this section shall be removed within sixty (60) days from when the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section.

(9)

The zoning administrator may revoke the permit if the permit holder violates any provision of this section. Additionally, the Board of Supervisors may seek injunctive relief or other appropriate actions or proceedings in the circuit court to ensure compliance with this section.

Event center.

In the A-1 and A-2 districts, shall be either:

(1)

A permitted use as an assembly building, as defined in the Uniform Statewide Building Code, where associated with and accessory to a licensed farm winery, farm brewery, farm cider mill, farm distillery, or an on-farm establishment as permitted under Virginia State Code Section 15.2-2288.6.

a.

Hours of operation shall be from 6:00 a.m. to 11:00 p.m. and may continue until 1:00 a.m. Saturday and Sunday mornings and holidays provided the event is held entirely indoors so that light and sound generated by the event do not leave the premises after 11:00 p.m.

(2)

A special use permit where located within a residence or in a building on the same parcel as a residence, where:

a.

The owner or manager shall be present on the property during an event and shall provide full-time management of the establishment during the event.

b.

Hours of operation shall be limited to 6:00 a.m. to 11:00 p.m. and may continue until 1:00 a.m. Saturday and Sunday mornings and holidays provided the event is held entirely indoors so that light and sound generated by the event do not leave the premises after 11:00 p.m.

(3)

All applicable local, state, and federal regulations shall be met, including, but not limited to the Uniform Statewide Building Code and Fire Code.

In the R-V districts:

(1)

The event center shall be located within a residence or in a building on the same parcel as a residence.

(2)

The owner or manager shall be present on the property during an event and shall provide full-time management of the establishment during the event.

(3)

Hours of operation shall be limited to 6:00 a.m. to 11:00 p.m. and may continue until 1:00 a.m. Saturday and Sunday mornings and holidays provided the event is held entirely indoors so that light and sound generated by the event do not leave the premises after 11:00 p.m.

(4)

All applicable local, state, and federal regulations shall be met, including, but not limited to, the Uniform Statewide Building Code and Fire Code.

In the B-1 and B-2 zoning districts:

(1)

In the B-1 and B-2 zoning districts within the Urban Development Area shown on the comprehensive plan, Event centers shall be by special use permit.

Farm building.

Approvals for farm buildings may be obtained only if the uses in the building comply with the definition of farm building. Storage of non-agricultural items in the building shall not be permitted under a farm building approval.

Farm market.

In the A-1, A-2, and RV zoning districts:

(1)

A minimum of twenty-five (25) percent of the products sold must be agricultural products produced within Rockingham County.

(2)

The sales area for companion items intended to be used with the agricultural products shall be limited to ten (10) percent of the total area devoted to sales. The calculation of total sales area shall include areas devoted to the display of items for sale.

(3)

Permitted companion products include garden accessories, baked goods, floral supplies, arts and crafts, and items directly related to the culture, care, use of, or processing of agricultural products. Companion products do not include lawn mowers, farm machinery and equipment (except hand tools), building materials, furniture, or other like items.

Farm winery.

(a)

If, in the event of drought, natural disaster, disease, or other cause beyond the control of the owner, there are not sufficient grapes grown on the premises to allow the owner to meet normal annual production, the owner may petition in writing for a one (1) year waiver of the fifty-one (51) percent rule.

(1)

For the rule to be waived, approval must be given by both the state alcoholic beverage control board and the zoning administrator, and the owner shall be notified in writing by the zoning administrator of such waiver.

(2)

The fifty-one (51) percent rule shall not be waived for more than three consecutive years.

(b)

Facilities for fermenting and/or bottling wine shall not be established until the vineyard, orchard or other growing area has been established and is in production.

Feed mill.

In the A-1 and A-2 zoning districts:

(1)

The feed mill shall not have a retail storefront.

(2)

The feed mill shall be set back one hundred (100) feet from property lines. These setbacks are reducible by mutual consent. Consent of a reduction in setback shall be evidenced by a notarized affidavit presented to the zoning administrator stating the agreed-upon distance.

Fitness center.

In the R-3 zoning district, a fitness center shall be limited to no more than two thousand (2,000) square feet.

Flea market.

(a)

In the B-1 zoning district within the Urban Development Area shown on the comprehensive plan, Flea markets shall be by special use permit.

Funeral home, crematory.

In the A-2 and RV zoning districts, any existing funeral home or crematory shall not require a special use permit to expand.

Greenhouse.

(a)

The sales area for companion products, including garden accessories, floral supplies, and other items directly related to the culture, care of use of horticultural products shall be limited to twenty-five (25) percent of the gross sales area.

(b)

Companion products shall not include lawn mowers, garden tractors, farm machinery and equipment. Companion products may include hand tools, lawn ornaments, lawn furniture and other like items.

(c)

Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.

Hog operation.

Any hog operation started after October 1, 2014, shall be located on a farm, as defined in section 17-201.

(1)

Setbacks.

a.

Each structure and denuded area associated with the hog operation shall be set back from property lines one hundred fifty (150) feet, except as provided for setbacks from public roadways. The setback from property lines may be reduced by mutual consent of the producer and landowners whose property lines fall within the one hundred fifty (150) foot setback distance. In no case, however, shall such setback from property lines be less than seventy-five (75) feet.

b.

Each structure and denuded area associated with the hog operation shall be set back from the travel surface of public roadways at least one hundred (100) feet. The setback from public roadways shall not be subject to reduction.

c.

Consent of a reduction in setback shall be evidenced by a notarized affidavit presented to the zoning administrator stating the agreed-upon distance.

d.

In the event that a residence is constructed on property adjoining a hog operation or on property for which valid permits for a hog operation has been obtained, or in the event of annexation or a county rezoning, which makes the hog operation nonconforming, additional structures may be constructed in association with the hog operation provided no new structure(s) will encroach upon the property line, adjoining residence, town, or city boundary or zoning district to a greater extent than the existing structure(s) and provided that all other requirements of this chapter are met.

e.

Each structure and denuded area associated with the hog operation shall have a minimum setback, not subject to reduction, as follows:

1.

At least one thousand (1,000) feet from incorporated town and city boundaries and from public wells, springs, and water intakes; and

2.

At least six hundred (600) feet from:

i.

Designated urban growth areas;

ii.

Residentially zoned districts;

iii.

Manufactured home parks;

iv.

Manufactured home subdivisions;

v.

Public schools; and

vi.

County, town, and community recreation areas.

3.

At least fifty (50) feet from any jurisdictional waterway.

(2)

Replacement or reconfiguration of a structure in a hog operation that existed as of October 1, 2014, but which does not meet these requirements, may be permitted on a parcel provided that:

a.

The square footage of any replacement structure shall be no greater than one hundred twenty-five (125) percent of the square footage of the structure it replaces;

b.

The replacement structure shall meet all required setbacks of (1)e. above, or shall not encroach upon any setback to a greater extent than the structure it replaces;

c.

A plat prepared and signed by a land surveyor or engineer showing the location, size, and setback from property lines and dwellings on adjoining parcels of both the structure being replaced and the structure being constructed shall be submitted to the zoning administrator.

(3)

Each application for a hog operation shall be accompanied by a plat prepared and signed by a land surveyor or engineer certifying that the proposed operation meets all applicable setback requirements of this ordinance.

(4)

Management of manure shall be in compliance with all applicable local, state and federal laws and requirements.

(5)

After October 1, 2014, no operation permit shall be issued until the zoning administrator has received notice that a state-approved nutrient management plan has been obtained.

(6)

Hog operations in operation as of October 1, 2014, which do not have sufficient acreage or do not meet setbacks shall be considered valid nonconforming uses and may be improved by construction of additional structures, provided that:

a.

The total number of structures in operation on the parcel shall not exceed three (3);

b.

The producer obtains the notarized consent of all adjacent landowners. Consent shall be evidenced by a notarized affidavit specifying the number, size, and location of structures as agreed upon by the producer and adjacent landowners;

c.

When the subject parcel is adjacent to any residential district, it shall contain at least five (5) acres for each structure in operation on the parcel;

d.

The proposed structures shall meet all other requirements of this article.

(7)

Manure that is not immediately land-applied shall be stored according to the following criteria:

a.

If manure is not stored under roof, the storage site shall be at least one hundred (100) feet from surface water, intermittent drainage, wells, sinkholes, and rock outcrops.

b.

If stored outside longer than fourteen (14) days, the manure shall be protected with a waterproof cover.

c.

Manure shall not be stored where the water table is less than one (1) foot below the surface.

d.

If manure is stored in areas where the groundwater table is less than two (2) feet below the surface, an impermeable barrier shall be installed under the manure. Impermeable barriers shall be constructed using at least twelve (12) inches of compacted clay, at least four (4) inches of reinforced concrete, or another material of similar structural integrity which has a minimum permeability rating of 0.0014 inches per hour.

e.

Manure shall be protected from stormwater runoff accumulating on or under it.

Home business.

(a)

Home business permits shall be obtained from the zoning administrator.

(b)

The home business shall be clearly incidental and secondary to the use of the dwelling.

(c)

The home business shall be operated by residents of the dwelling unit. If the applicant is a tenant, written permission of the land owner is required. The operator of the business may have two (2) employees that do not reside on the premises.

(d)

The home business shall not cause change to the exterior of the dwelling. There shall be no outdoor display or storage of materials, goods, supplies, or equipment in relation to the home business.

(e)

The home business shall not occupy more than thirty (30) percent of the residential floor area of the dwelling or no more than seven hundred fifty (750) square feet of an accessory structure.

(f)

The home business shall not generate more than an average of two (2) customer or vendor vehicular round trips per hour during the hours of operation. Any use that requires greater than a low volume commercial entrance from VDOT shall not be considered to be a home business.

(g)

Approval by VDOT, health department, fire and rescue, public works, and the building official shall be required. Requirements placed on the applicant by any of these agencies shall become conditions of the home business and shall be met.

(h)

Only one (1) vehicle, associated with the home business, except for employee and customer vehicles, may be parked on the premises and shall not be parked on the street.

(i)

Signs shall be permitted and shall not exceed four (4) square feet with no dimension greater than thirty-six (36) inches. In all cases, signs shall not exceed five (5) feet in height and shall be set back at least five (5) feet from all property lines and road rights-of-way. No other signs shall be permitted. There shall be no window displays of products, goods, or commodities.

(j)

More than one (1) home business is permitted in a dwelling. However, the restrictions of this paragraph shall apply regardless of the number of home businesses.

(k)

Deliveries associated with the home business shall occur between 8:00 a.m. and 8:00 p.m. Deliveries made in association with the home business shall not restrict traffic circulation on a public street or to other properties on a private street or driveway.

(l)

Any use that requires a special use permit in the zoning district for which the home business request is made shall not be permitted under a home business permit.

(m)

Non-compliance with these standards shall result in the revocation of the permit by the zoning administrator.

Home occupation.

(a)

Home occupation permits shall be obtained from the zoning administrator.

(b)

The home occupation shall be clearly incidental and secondary to the use of the dwelling.

(c)

No separate entrance or separate driveway shall be permitted for the home occupation.

(d)

The home occupation shall be operated only by residents of the dwelling unit. If the applicant is a tenant, written permission of the land owner is required.

(e)

The home occupation shall not cause change in the exterior of the dwelling. There shall be no outdoor display or storage of materials, goods, supplies, or equipment in relation to the home occupation.

(f)

The home occupation shall not occupy more than thirty (30) percent of the residential floor area of the dwelling or no more than seven hundred fifty (750) square feet of an accessory structure.

(g)

In the MH-1 and MHP districts, accessory buildings shall not be used for home occupations.

(h)

The home occupation shall not generate any customer traffic.

(i)

The zoning administrator may require review by additional agencies if deemed necessary.

(j)

Only one (1) vehicle associated with the home occupation may be parked on premises and shall not be parked on the street.

(k)

More than one (1) home occupation is permitted in a dwelling. However, the restrictions of this paragraph shall apply regardless of the number of home occupations.

(l)

Deliveries associated with the home occupation shall occur between 8:00 a.m. and 8:00 p.m. Deliveries made in association with the home occupation shall not restrict traffic circulation on a public street or to other properties on a private street or driveway.

(m)

Any use that requires a special use permit in the zoning district for which the home occupation request is made shall not be permitted under a home occupation permit.

(n)

Non-compliance with these standards shall result in the revocation of the permit by the zoning administrator.

Impound lots.

In the A-1 and A-2 zoning district, impound lots shall be accessory to an existing legally approved motor vehicle repair shop or as part of a special use permit application for a motor vehicle repair shop.

Kennel operation, commercial.

(a)

Purpose: The purpose of these supplemental standards is to enforce and ensure the health, safety and wellbeing of the residents and property owners of Rockingham County and their canine companion animals.

(b)

All kennel operations: All kennel operations, commercial, unless modified below shall comply with:

(1)

Any runs, or containment areas associated with a commercial kennel operation shall meet the following setbacks:

(i)

One hundred fifty (150) feet from any property line, reducible to seventy-five (75) feet if notarized consent is obtained from the affected adjoining landowner and submitted as a part of the application.

(ii)

One hundred (100) feet from any public road. This setback is not reducible and shall be submitted as part of the application.

(2)

The owner of the kennel operation shall submit a plan for waste disposal meeting all regulatory requirements.

(3)

All companion animals in a commercial kennel operation shall be housed in a fully enclosed building from 9:00 p.m. until 7:00 a.m.

(c)

Commercial breeding kennels: Paragraphs (c) through (o), inclusive, apply to kennel operations, commercial, at which puppies are bred, kept, or housed, for sale or transfer for any consideration. Such commercial kennel operations are sometimes referred to herein as commercial breeding kennels. Properties on which no more than two (2) litters per calendar year are produced and/or kept for commercial purposes shall be exempt from these requirements.

(d)

Definitions: Words used in these supplemental standards, such as but not limited to, "dog," "canine," and "companion animal," that are also used in Title 3.2, Chapter 65 of the Code of Virginia, shall have the meaning here as in the referenced State Code Chapter.

(e)

Number of litters: A commercial breeding kennel may have no more than three (3) litters per calendar year. No female dog shall be bred more than one (1) time per calendar year.

(f)

Physical requirements, shelter, exercise:

Cages or pens for individual dogs shall, at a minimum be long enough and wide enough for the dog to easily turn around, but in any case, no less than 200% of the measurement of the dog from nose tip to rump, and no less than 200% of the maximum natural height of the dog's head when the dog is standing or sitting fully erect, whichever is higher.

Pens or cages for a mother and her pups shall have adequate floor space to allow free and easy movement of the mother and all the puppies and adequate head room as described for pens and cages for individual dogs.

Feces shall not be permitted to accumulate in exercise areas in a manner that risks the health and wellbeing of dogs, staff or visitors.

(g)

Inspections: Each commercial breeding kennel may be inspected once every twelve (12) months on an announced and by-appointment basis, and may be inspected at least once randomly and unannounced between annual inspections. The kennel operator shall permit the agent of the county charged with enforcement of this supplemental standard access to the property and to all records for the kennel.

(h)

Enforcement and violations: Enforcement of these supplemental standards shall be by the Code Enforcement Officer and the Zoning Official. Violations shall be handled as zoning violations and may include revocation of the special use permit.

(i)

Records: All records required by these supplemental standards are subject to inspection by the County's enforcement officials, and shall be presented to such enforcement officials during the annual inspection and any random inspection in between annual inspections.

Kennel owners and operators shall ensure that the County has on file current information regarding the names of all owners and operators, and a phone number, email address, and physical address where each owner and operator may be contacted.

Kennel owners and operators shall maintain written records of the following:

(1)

Identifiers for each breeding dog, both male and female, that will enable an inspector and a potential purchaser of a puppy to identify the breeding female. Such identifiers shall include, but not be limited to, name, breed, description of markings, and tattoos and identification chips, if any.

(2)

Lineage of each breeding male and female going back three (3) generations prior to the dog in question.

(3)

Parentage, date of birth and method of identification of each puppy born to the kennel.

(4)

All vetting performed on each canine.

(5)

Other records as required by these supplemental standards.

(j)

Required vetting: Each commercial breeding kennel shall establish a relationship with a veterinarian or veterinarian clinic duly licensed and certified by the Commonwealth of Virginia.

Complete records of all vetting of all canines in the commercial breeding kennel shall be maintained and made available to inspectors and customers.

(k)

Customers: The intended customer shall not be a pet store or laboratory, or other commercial, medical or research establishment or facility. The kennel shall take reasonable precautions to ensure that any customer to whom the kennel sells a puppy is, in fact, an individual or family customer who does not intend to transfer or resell the puppy to another, unless as a gift to another individual or family. Records of the kennel's good faith effort to work toward this goal shall be kept with the other records required by these supplemental standards and shall include the name or names of the individual or family to whom the puppy was sold and the physical address where the puppy will live, and a brief description of the efforts undertaken to verify the bonafides of the customer.

(l)

Waste Management: Animal waste on the commercial breeding kennel premises, both within enclosures and in outdoor exercise and play areas, shall be managed at all times in accordance with best management practices so that all canines live, exercise and play in a healthy and safe environment, so that visitors to the kennel are not unduly aware of odors generated by waste, and so that no odors generated by waste leave the kennel premises. Disposal in sewage disposal systems approved by the state, county, Virginia Department of Health, and the Virginia Department of Environmental Quality, is preferred. All necessary measures shall be taken to ensure that no animal waste leaves the kennel premises and arrives on neighboring properties in any manner, including but not limited to, stormwater runoff or kennel washdown procedures.

(m)

State and federal regulations: These supplemental standards for zoning ordinance purposes shall be construed to be in addition to, and not as substituting, applicable state and federal statutes and regulations regarding dog breeding and kennel operations.

(n)

In the B-1 zoning district within the Urban Development Area shown on the comprehensive plan, Commercial Kennel operations shall be by special use permit.

Livestock sales facility.

In the A-1 and A-2 zoning districts:

(1)

No structure or livestock pens shall be located closer than one hundred fifty (150) feet to any property line, reducible to seventy-five (75) feet if notarized consent is obtained from the affected adjoining landowner. Any notarized consent shall be submitted as a part of the special use permit application.

(2)

No outside public address system shall be utilized.

Machinery and equipment center.

In the A-1, A-2, and RV zoning districts:

(1)

No more than ten (10) pieces of equipment awaiting service or pick-up shall be parked outside the structure.

(2)

Only agricultural machinery and equipment shall be rented, sold, maintained, or repaired.

(3)

Outside display or outdoor commercial storage shall comply with article VII.

(4)

Hours open to the public shall be limited to 6:00 a.m. to 9:00 p.m.

Meat processing facility.

(a)

In the A-1, A-2, and RV zoning districts:

(1)

The facility shall not exceed two thousand (2,000) square feet of enclosed work space, excluding refrigeration, storage, and holding pens.

(2)

All holding pens shall be completely under roof and screened from view from public streets and adjoining properties.

(3)

No holding pens or areas used for slaughter shall be located closer than one hundred fifty (150) feet from any property line, reducible to seventy-five (75) feet if notarized consent if obtained from the affected adjoining landowner. Any notarized consent shall be submitted as a part of the special use permit application.

Medical office or clinic.

In the A-2 zoning district, the clinic and all accessory uses shall be within the same structure.

Metal-working facility.

(a)

In the A-1, A-2, and RV zoning districts:

(1)

All outside storage shall be screened from parking areas and adjoining property lines.

(2)

No foundries shall be permitted.

(3)

Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.

Mini-storage facility.

(a)

All storage shall be located entirely within the structure except an outside screened area may be included for storage of unoccupied, operational, recreational vehicles.

(b)

No hazardous, toxic, or explosive materials shall be stored on the premises. Signs shall be posted within the facility describing such limitations.

(c)

Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.

(d)

No businesses shall be operated inside any unit of the mini-storage facility.

Motor vehicle parts sales.

(a)

In the B-1 and B-2 zoning districts within the Urban Development Area shown on the comprehensive plan, Motor vehicle parts sales shall be by special use permit.

Motor vehicle repair shop.

(a)

In the A-1, A-2, RV, MXU, B-1 and B-2 zoning districts:

(1)

No more than ten (10) vehicles awaiting service or pick-up shall be parked outside the structure.

(2)

No junked vehicles shall be located on the property.

(3)

No vehicles shall be sold from the site.

(4)

No outdoor display or outdoor storage of new or used automobile parts shall be permitted.

(5)

Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.

(6)

All repair work shall be done inside a building.

(b)

In the MXU, B-2, and PCD zoning districts, no repair of any vehicle requiring a CDL license to operate or a gross vehicle weight of more than twenty-six thousand (26,000) pounds.

(c)

In the B-1 and B-2 zoning districts within the Urban Development Area shown on the comprehensive plan, Motor vehicle repair shop shall be by special use permit.

(d)

In the B-1 zoning district, outside of the Urban Development Area, repair of any vehicle requiring a CDL license to operate or a gross vehicle weight of more than twenty-six thousand (26,000) pounds shall be by special use permit.

(e)

In the BX zoning district,

(1)

Areas for vehicles awaiting service or pickup shall be determined during site plan review.

(2)

No junked vehicles shall be located on the property.

(3)

No vehicles shall be sold from the site.

(4)

No outdoor display or outdoor storage of new or used automobile parts shall be permitted.

(5)

All repair work shall be done inside a building.

Motor vehicle sales lot.

(1)

In the B-1 and PCD zoning districts, there shall be no sale of vehicles requiring a CDL license to operate or a gross vehicle weight of more than twenty-six thousand (26,000) pounds.

Motor vehicle tow service.

(a)

In the B-1 and B-2 zoning districts within the Urban Development Area shown on the comprehensive plan, Motor vehicle tow service shall be by special use permit.

Nursery.

In the A-1, A-2, and RV zoning districts:

(1)

The sales area for companion products, including garden accessories, floral supplies, and other items directly related to the culture, care of use of horticultural products shall be limited to twenty-five (25) percent of the gross sales area.

(2)

Companion products shall not include lawn mowers, garden tractors, farm machinery and equipment (except hand tools, lawn ornaments, lawn furniture and other like items).

(3)

Hours of operation shall be limited to 6:00 a.m. and 9:00 p.m.

In the B-1 and B-2 zoning districts:

(1)

In the B-1 and B-2 zoning districts within the Urban Development Area shown on the comprehensive plan, Nursery shall be by special use permit.

On-farm activities.

On-farm activities shall be accessory to a bona fide agricultural operation.

Parking facilities.

(a)

In the A-1, A-2, and RV zoning districts, parking facilities shall be park-and-ride facilities.

(b)

In the B-1 and B-2 zoning districts within the Urban Development Area shown on the comprehensive plan, Parking facilities shall be by special use permit.

Pit privies.

(a)

Pit privies may only be used with part-time recreational or seasonal uses/structures.

(b)

Pit privies shall meet all health department regulations regarding setbacks.

(c)

No pit privies shall be approved for properties located within a platted subdivision.

(d)

A pit privy shall not be approved or used for full-time occupancy of a structure, except for the replacement and relocation of an existing, approved pit privy.

(e)

All plumbing shall be removed from any structure for which a pit privy is approved, and the zoning office shall reserve the right to make inspections of the property should conditions warrant.

(f)

Dwellings approved for recreational or seasonal use on a pit privy shall be converted to full-time living only if a change of use permit is obtained and an approved sewage disposal system is located and installed prior to use of the structure for full-time living.

Poultry operation.

Any poultry operation started after October 1, 2014, shall be located on a farm, as defined in section 17-201.

(1)

Setbacks.

a.

Each structure and denuded area associated with the poultry operation shall be set back from property lines one hundred fifty (150) feet, except as provided for setbacks from public roadways. The setback from property lines may be reduced by mutual consent of the producer and landowners whose property lines fall within the one hundred fifty (150) foot setback distance. In no case, however, shall such setback from property lines be less than seventy-five (75) feet.

b.

Each structure and denuded area associated with the poultry operation shall be set back from the travel surface of public roadways at least one hundred (100) feet. The setback from public roadways shall not be subject to reduction.

c.

Consent of a reduction in setback shall be evidenced by a notarized affidavit presented to the Zoning Administrator stating the agreed-upon distance.

d.

In the event that a residence is constructed on property adjoining a poultry operation or on property for which valid permits for a poultry operation has been obtained, or in the event of annexation or a county rezoning, which makes the poultry operation nonconforming, additional structures may be constructed in association with the poultry operation provided no new structure(s) will encroach upon the property line, adjoining residence, town, or city boundary or zoning district to a greater extent than the existing structure(s) and provided that all other requirements of this chapter are met.

e.

Each structure and denuded area associated with the poultry operation shall have a minimum setback, not subject to reduction, as follows:

1.

At least one thousand (1,000) feet from incorporated town and city boundaries and from public wells, springs, and water intakes; and

2.

At least six hundred (600) feet from:

i.

Designated urban growth areas;

ii.

Residentially zoned districts;

iii.

Manufactured home parks;

iv.

Manufactured home subdivisions;

v.

Public schools; and

vi.

County, town, and community recreation areas.

3.

At least fifty (50) feet from any jurisdictional waterway.

(2)

Replacement or reconfiguration of a structure in a poultry operation that existed as of October 1, 2014, but which does not meet these requirements, may be permitted on a parcel provided that:

a.

The square footage of any replacement structure shall be no greater than one hundred twenty-five (125) percent of the square footage of the structure it replaces;

b.

The replacement structure shall meet all required setbacks of (1)e. above, or shall not encroach upon any setback to a greater extent than the structure it replaces;

c.

A plat prepared and signed by a land surveyor or engineer showing the location, size, and setback from property lines and dwellings on adjoining parcels of both the structure being replaced and the structure being constructed shall be submitted to the zoning administrator.

(3)

Each application for a poultry operation shall be accompanied by a plat prepared and signed by a land surveyor or engineer certifying that the proposed operation meets all applicable setback requirements of this ordinance.

(4)

Management of litter shall be in compliance with all applicable local, state and federal laws and requirements.

(5)

After October 1, 2014, no operation permit shall be issued until the zoning administrator has received notice from DCR that a nutrient management plan has been approved.

(6)

Poultry operations in operation as of October 1, 2014, which do not have sufficient acreage or do not meet setbacks shall be considered valid non-conforming uses and may be improved by construction of additional poultry operation, provided that:

a.

The total number of poultry houses in operation on the parcel shall not exceed three (3);

b.

The producer obtains the notarized consent of all adjacent landowners. Consent shall be evidenced by a notarized affidavit specifying the number, size, and location of facilities as agreed upon by the producer and adjacent landowners;

c.

When the subject parcel is adjacent to any residential district, it shall contain at least five (5) acres for each poultry house in operation on the parcel;

d.

The proposed facilities shall meet all other requirements of this article.

(7)

Poultry litter that is not immediately land-applied shall be stored according to the following criteria:

a.

If litter is not stored under roof, the storage site shall be at least one hundred (100) feet from surface water, intermittent drainage, wells, sinkholes, and rock outcrops.

b.

If stored outside longer than fourteen (14) days, the litter shall be protected with a waterproof cover.

c.

Litter shall not be stored where the water table is less than one (1) foot below the surface.

d.

If litter is stored in areas where the ground water table is less than two (2) feet below the surface, an impermeable barrier shall be installed under the litter. Impermeable barriers shall be constructed using at least twelve (12) inches of compacted clay, at least four (4) inches of reinforced concrete, or another material of similar structural integrity which has a minimum permeability rating of 0.0014 inches per hour.

e.

Poultry litter shall be protected from stormwater runoff accumulating on or under it.

Quarry operation.

(a)

Any activity, use, facilities, equipment, structure, or storage, with the exception of offices, shall be located at least three hundred (300) feet from a non-participating parcel.

(b)

Buildings devoted solely to office/administrative uses shall be located not less than one hundred (100) feet from a non-participating parcel.

(c)

Hours of operation and active blasting hours shall be determined during the special use permit process.

(d)

A plan for screening, planting, fencing, preservation of trees, or other requirements to ensure the minimal impact of the use on surrounding uses shall be submitted as a part of the special use permit application.

(e)

Any berms constructed on the perimeter of the operation shall be at least eight (8) feet high and not steeper than a 3:1 slope.

(f)

Any fences constructed on the perimeter of the operation for the purpose of preventing access to the property shall be at least five (5) feet high and set back from any on-site excavation by at least fifty (50) feet.

Recreational vehicle storage area.

In the R-4 and R-5 zoning districts, the following supplemental standards shall be met:

(1)

Recreational vehicle storage is for the sole use of visitors and residents of the development project in which it is located.

(2)

The recreational vehicle storage area shall be designated on the master plan.

(3)

Recreational vehicle storage area shall be fenced and screened.

(4)

No junked or inoperable recreational vehicles shall be permitted.

(5)

Stored recreational vehicles shall not be occupied.

Research facility.

(a)

In the A-1 or A-2 zoning district:

(1)

Research shall be limited to agricultural and horticultural research.

(2)

The use shall not reduce, impede, or conflict with neighboring agricultural operations.

(3)

No structure or holding pens shall be located closer than fifty (50) feet to any property line. All holding pens shall be under roof and fenced.

(b)

In the MXU, B-1, PCD or PMR zoning district, no outdoor holding pens shall be allowed.

Restaurant.

In the A-1 and A-2 zoning districts, shall be either:

(1)

By special use permit where associated with and accessory to a licensed winery, brewery, or other establishment licensed by the ABC Board, or

(2)

By special use permit where located within a residence, where:

a.

The owner or manager shall live on the property and shall provide full-time management of the establishment.

b.

Customer service areas, including all seating and waiting areas as well as restroom facilities, shall comprise no more than thirty (30) percent of the living space of the residence.

c.

Hours of operation shall be limited to 6:00 a.m. to 11:00 p.m.

Retail use not otherwise listed.

(a)

In the RV zoning district, the retail use shall occupy no more than four thousand (4,000) square feet, except by special use permit.

(b)

In the MHP zoning district, the retail use shall serve primarily the residents of the manufactured home park in which it is located.

(c)

In the B-1 and B-2 zoning districts within the Urban Development Area shown on the comprehensive plan, Retail use not otherwise listed shall be by special use permit.

Seed and feed store.

(a)

In the B-1 zoning district within the Urban Development Area shown on the comprehensive plan, Seed and feed store shall be by special use permit.

Service business, not otherwise listed.

(a)

In the B-1 and B-2 zoning districts within the Urban Development Area shown on the comprehensive plan, "Service business, not otherwise listed" shall be by special use permit.

School.

In the RR-1, R-1, R-2, R-3, PSF, PMF, PG, R-5, MXU, and PCD zoning districts, instruction shall be held primarily within a building.

Shooting range, indoor.

An indoor shooting range shall be constructed so that gunshots cannot be heard outside the building.

Shooting range, outdoor.

The site plan submitted with the special use permit shall be approved by the sheriff's department or their designee.

Small appliance or small engine repair shop.

(a)

No appliances or equipment shall be stored outdoors.

(b)

No junked appliances or equipment shall be allowed accumulate on the premises.

(c)

There shall be no sale of appliances or equipment associated with this use.

(d)

Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.

(e)

In the B-1 and B-2 zoning districts within the Urban Development Area shown on the comprehensive plan, "Small appliance or small engine repair shop" shall be by special use permit.

Solar energy facility, large.

(a)

Ground-mounted:

(1)

Aggregate cap: Commencing on November 17, 2021, and continuing until amended by the board of supervisors, no more than one thousand eight hundred (1,800) acres, in aggregate, may be approved for large solar energy facilities by special use permit.

(2)

Per-site cap: Except as provided immediately below, no more than fifty (50) acres may be approved for an individual large solar energy facility permitted by special use permit on land zoned A-1, A-2, RV, RR-1, PG, B-1, and B-2. This 50-acre per-site cap does not apply to ground-mounted large solar energy facilities proposed to be located in planned development zoning districts, industrial zoning districts, or public service districts. Newly proposed large solar facilities shall be located in near proximity to the demonstrated need based on intended customers. Newly proposed large solar facilities shall be placed no closer to a pre-existing large solar facility than necessary to serve those intended customers. Need may be demonstrated by indicia such as, but not limited to, subscriber interest shown at the community meeting.

(3)

Exception: Up to twenty-five (25) percent of the one thousand eight hundred (1,800) acre aggregate cap, or four hundred fifty (450) acres, may be occupied by large solar facilities that are comprised of more than fifty (50) acres per site, up to a maximum per-site acreage of one hundred fifty (150) acres.

(4)

The acreage "occupied" by a large solar facility shall be as shown on the site plan approved by the board as part of the special use permit.

(5)

Setbacks for a large solar energy facility requiring a special use permit:

a.

When two (2) acres to thirty (30) acres of land, inclusive, are occupied by a solar energy facility, all above-ground infrastructure shall be no less than one hundred (100) feet from property lines and no less than two hundred (200) feet from existing dwellings, reduceable by notarized consent from an adjoining property owner. Setbacks are not required among and between participating landowners' parcels.

b.

When more than thirty (30) acres of land are occupied by a solar energy facility, all above-ground infrastructure shall be no less than one hundred fifty (150) feet from property lines and shall be no less than two hundred fifty (250) feet from any existing dwellings, reduceable by notarized consent from an adjoining property owner. Setbacks are not required among and between participating landowners' parcels.

c.

Transformers shall be set back one hundred fifty (150) feet from property lines.

(6)

Setbacks for a large solar energy facility installed over impervious surfaces, shall be set back ten (10) feet from public and private roads and streets.

(7)

Community meeting:

a.

No more than six (6) months prior to the submittal of a special use permit application for a large solar energy facility, the applicant shall hold a meeting to inform the community about the proposed facility. This meeting shall be open to the public.

b.

Notice of the date, time, and location of the meeting; a contact name and phone number of the project representative; and a summary of the proposed facility shall be delivered by first-class mail to all property owners located within one (1) mile of the parcel boundary of the proposed facility, as noted in the Rockingham County tax records. Such notice shall be mailed not less than fourteen (14) working days prior to the community meeting.

c.

The meeting shall be held within the one (1) mile radius or at the nearest location open to the public with adequate parking and seating facilities which may accommodate persons with disabilities.

d.

The meeting shall give members of the public the opportunity to review application materials, ask questions of the applicant, and provide feedback including an indication of willingness to be a subscriber or customer of the proposed facility, if appropriate.

e.

Upon conclusion of the community meeting, a certified mailing list of property owners notified, a sign-in sheet from the meeting, and a written summary of the meeting shall be included with the application.

(8)

Vegetated buffer: If needed to mitigate off-site visual impact, as determined by the Board of Supervisors at the time of issuance of a special use permit or rezoning, a vegetated buffer of year-round effectiveness shall be installed and maintained within the setback area by the solar facility operator or landowner as follows:

a.

All plants shall be climate-hardy.

b.

No monoculture shall be permitted; at least five (5) different species of shrubs and six-foot-high trees shall be installed, with preference given to indigenous trees and shrubs.

c.

Selected species shall have mixed leaf- and branch-types of varying mature heights.

d.

Two or three of the same species shall be grouped to ensure a naturalized effect. Uniform, staggered rows of plantings are not permitted.

e.

Existing vegetation in the setback area shall be supplemented with new plantings, and all existing, invasive species shall be removed prior to new plantings being installed.

f.

Land within the setback, not in trees and shrubs, shall have a stabilizing ground cover.

g.

Any fencing shall be located interior to the vegetated buffer.

h.

Trees and shrubs are not required where utility easements cross the setback.

i.

Ongoing maintenance:

1.

All vegetation (trees, shrubs, and ground covers) in the setback areas shall be maintained from installation through decommissioning. Ground covers shall provide continuous coverage for the life of the project.

2.

The solar facility operator and landowner shall manage non-invasive species and remove invasive species for the life of the project.

3.

Trees and shrubs shall be replaced if needed to maintain intended, camouflage effect.

(9)

Ground cover: Ground cover shall be installed and maintained throughout the site, including the setback area, as follows:

a.

Ground cover shall be climate-hardy, non-invasive, and pollinator-friendly species, with preference given to indigenous plants.

b.

Shade-tolerant plants shall be installed under the solar panels.

c.

Ground covers shall meet erosion and sediment control and stormwater management regulations effective at the time of site plan approval.

d.

Ongoing maintenance: The solar facility operator and landowner shall manage non-invasive species and remove invasive species for the life of the project.

(10)

Vegetated buffers and ground covers shall be addressed in the SUP application and on the site plan.

(11)

Wildlife corridors: The establishment of wildlife corridors shall be as determined by the Virginia Department of Wildlife Resources.

(12)

Historic sites: No facility shall be located on a property in the Virginia Department of Historic Resources (VDHR) Landmarks Registry, National Registry, or within the Core Area and Field of Fire Area as designated in the Cross Keys and Port Republic Battlefields Preservation Plan.

(13)

Viewshed: A viewshed simulation, from points selected by the county, shall be included in the SUP application.

(14)

Tree cover: No facility shall be permitted on land that has been clear-cut or heavily timbered in the five (5) years immediately preceding the date of the application.

(15)

Glare and appearance.

a.

All large solar energy facility structures, racks, and associated facilities shall have a non-reflective finish or appearance. Solar collectors shall be designed to maximize absorption and minimize glare outward toward adjoining properties and upward toward aircraft. Vehicles travelling on adjoining interstate and state-maintained roads shall also be protected from potential glare, including tractor trailer cabs.

b.

The design of support buildings and related structures shall use materials, colors, textures, and landscaping that will camouflage the large solar energy facility from surrounding residences.

(16)

Decommissioning.

a.

Decommissioning plan: A decommissioning plan shall be developed by the applicant, owner, or operator prior to the approval of a site plan being issued for a large solar energy facility. If the large solar energy facility is completely inactive or has substantially discontinued the delivery of electricity to a grid for a continuous six-month period it shall be considered an inactive solar energy facility. The applicant, owner of the real estate, or owner or operator of the facility shall provide notice to Rockingham County in writing once the property becomes an inactive large solar energy facility. The decommissioning of the site shall commence within six (6) months of receipt of such notice by Rockingham County. The decommissioning plan shall include:

1.

Anticipated life of the solar energy facility;

2.

The estimated future cost of the decommissioning and repurposing, expressed in current dollars, by a Virginia State-licensed professional engineer;

3.

Method used to determine the estimate;

4.

The manner in which the project will be decommissioned; and

5.

The name and physical address of the person or entity responsible for the decommissioning plan.

b.

Repurposing: All material removed from the site shall be transferred to a reclamation or repurposing facility that specializes in recycling, reclaiming, or repurposing solar facility materials.

c.

Surety: Unless the large solar energy facility project is owned by a public utility within the Commonwealth of Virginia, the gross costs of decommissioning shall be secured by an adequate surety in a form agreed to by the county attorney, including but not limited to cash or a letter of credit, bond or other guarantee issued by an entity whose debt is rated as investment grade by either Standard and Poor's or by Moody's, and posted prior to the project receiving its certificate of completion, or equivalent, from Rockingham County to operate the use. If an adequate surety is required, the cost estimates of the decommissioning shall be updated at least every five (5) years by the applicant, owner, or operator, and provided to the county. "Gross costs" shall not include a deduction for salvage value.

d.

Applicant, facility owner and property owner obligation: Within six (6) months after the cessation of use of the large solar energy facility for electrical power generation or transmission, the applicant or its successor, at its sole cost and expense, shall decommission the large solar energy facility in accordance with the decommissioning plan approved by the county. If the applicant or its successor fails to commence decommissioning in a timely manner so that decommissioning may be completed within six (6) months of the facility becoming an inactive large solar energy facility, the property owner shall conduct the decommissioning in accordance with the plan and may use bonded resources to do so, as approved and released by the county. Following completion of decommissioning of the entire large solar energy facility, the bond shall be released and, if the county has called upon the bond and taken control of bond resources, any remaining resources held by the county shall be distributed to the property owners in proportion to their ownership interests.

e.

Applicant, owner default; decommissioning by the county.

1.

If the applicant, its successor, and the property owners fail to decommission the solar energy facility within six (6) months, the county shall have the right, but not the obligation, to commence decommissioning activities and shall have access to the property, access to the full amount of the decommissioning surety, and the rights to the solar energy equipment and materials on the property. The applicant, and property owners, or successors, shall be responsible for reimbursing the county for all costs and expenses of decommissioning in excess of the decommissioning surety, and all such excess amounts shall attach to the real estate as a tax lien until paid in full.

2.

Any excess decommissioning surety funds shall be released to the then owners of the property after completion of decommissioning.

3.

Prior to the issuance of any permits, the applicant and the property owners shall deliver a legal instrument to the county granting the county the right to access the property and the solar energy facility equipment and materials so the county can complete the decommissioning, should it choose to do so, upon the applicant's and property owners' default. Such instrument shall bind the applicant and property owners and their successors, heirs, and assigns. Nothing herein shall limit other rights or remedies that may be available to the county to enforce the obligations of the applicant, operator, or property owner, including remedies under the county's zoning powers.

f.

Equipment, structure, and building removal: Unless otherwise approved by the county, all physical improvements, materials, and equipment related to solar energy generation, both surface and subsurface components, regardless of depth underground, shall be removed in the removal process.

g.

A reclamation plan shall be required as a part of the decommissioning plan and included for site plan approval for all large solar facilities. The reclamation plan shall be included in the cost estimate for the decommissioning bond. The reclamation plan shall include, at a minimum:

1.

All above-ground and underground infrastructure shall be removed and recycled or reused, unless a written request is received from the then current property owner proposing the retention of any infrastructure, and the request is approved by the county:

2.

Final land surface conditions (grass, trees, cropland, pasture, etc.), including the status of on-site gravel roads, if to remain;

3.

Final contours and grades; and

4.

Permanent best management practices (BMPs) to remain or to be removed, based on final surface condition, with supportive calculations.

h.

Partial decommissioning: Any reference to decommissioning the large solar energy facility shall include the obligation to decommission all or a portion of the facility, whichever is applicable with respect to a particular situation. If decommissioning is triggered for a portion, but not the entire solar energy facility, then the partial decommissioning shall be completed in accordance with the decommissioning plan and this section for the applicable portion of the large solar energy facility.

(b)

Roof-mounted:

(1)

Separate flush or frame-mounted solar energy facilities installed on the roof or structure shall not:

(2)

Project vertically more than one (1) foot above the peak of the sloped roof to which it is attached; or

(3)

Project vertically more than five (5) feet above a flat roof installation.

(4)

The combined height of a roof-mounted facility and the primary structure to which it is attached shall not exceed the maximum height for the zoning district in which it is located.

(5)

It shall be demonstrated that the placement of the facility shall not adversely affect safe access to the roof, pathways to specific areas of the roof, and safe egress from the roof.

(6)

Any glare generated by the system must be mitigated or directed away from adjoining property or road when it creates a nuisance or safety hazard.

(7)

An ocular-impact study shall be performed for airports within five (5) miles of the project site and for public roads within sight of the system. The analysis shall be performed using FAA solar glare hazard analysis tool (SGHAT) to demonstrate compliance with FAA standards for measuring ocular impact.

(c)

Appearance.

(1)

The solar energy facility shall be maintained in the color or finish that was originally applied by the manufacturer.

(2)

All signs, other than the manufacturer's identification, installer's identification, appropriate warning signs, or owner's identification shall be prohibited.

(d)

Removal.

(1)

At such time that a solar energy facility is scheduled to be abandoned or discontinued, the owner of the facility shall notify the county by certified U.S. mail of the expected date of abandonment or discontinuation of operations.

(2)

Within three hundred sixty-five (365) days of the date of abandonment or discontinuation, the owner of the system shall physically remove all components of the solar energy facility. If not removed within the allotted time, the county may have it removed at the expense of the property owner.

Solar Energy Facility, Small.

(a)

Ground-mounted:

(1)

Setbacks for Small Solar Energy Facility, occupying between a half-acre and two (2) acres:

a.

A Small Solar Energy Facility shall be located at least one hundred (100) feet from existing dwellings not on the same parcel as the facility.

b.

Setback distance is reduceable by notarized consent from the owner(s) of the dwelling.

(2)

Setbacks for Small Solar Energy Facility panels, occupying less than a half-acre:

a.

When total Small Solar Energy Facility panel area is five hundred eighty (580) square feet or less, the solar array shall meet the same setback as accessory structures that are less than five hundred eighty (580) square foot.

b.

When total Small Solar Energy Facility panel area is more than five hundred eighty (580) square feet and less than a half-acre, the solar array shall meet the same setbacks as primary structures.

(3)

Maximum Height: No part of a Small Solar Energy Facility shall exceed fifteen (15) feet in height.

(4)

In the B-1 and B-2 zoning districts within the Urban Development Area shown on the comprehensive plan, ground-mounted "Solar Energy Facility, Small" shall be by special use permit.

(b)

Roof-mounted:

(1)

Separate flush or frame-mounted solar energy facilities installed on the roof or structure shall not:

a.

Project vertically more than one (1) foot above the peak of the sloped roof to which it is attached; or

b.

Project vertically more than five (5) feet above a flat roof installation.

(2)

The combined height of a roof-mounted system and the principal structure to which it is attached shall not exceed the maximum height for the zoning district in which it is located.

(3)

It shall be demonstrated that the placement of the system shall not adversely affect safe access to the roof, pathways to specific areas of the roof, and safe egress from the roof.

(4)

Any glare generated by the system shall be mitigated or directed away from adjoining property or road when it creates a nuisance or safety hazard.

(c)

Appearance:

(1)

The solar energy system shall be maintained in the color or finish that was originally applied by the manufacturer.

(2)

All signs, other than the manufacturer's identification, installer's identification, appropriate warning signs, or owner's identification shall be prohibited.

(d)

Notification:

(1)

Consumer shall notify the utility company prior to purchasing and installing the small solar energy facility.

(2)

Installations shall require an electrical permit and inspection by County personnel.

(3)

County personnel shall notify the utility company that the small solar energy facility has been inspected and approved.

(4)

All installations shall comply with IEEE 1547, shall be UL listed and shall be approved for interconnection by the local utility company. All equipment shall be UL listed for its installed purpose.

(5)

All installations shall comply with all state regulations for small generator interconnections.

Spa.

In the R-3 zoning district, a spa, as defined in article 2, shall not exceed two thousand (2,000) square feet.

Sports complex.

(a)

All outdoor events shall be scheduled so as to complete all activity by 11:00 p.m.

(b)

A lighting plan shall be submitted and shall include the lighting requirements for each sports field, the specifications and technical measures showing how those requirements will be achieved.

Storage containers.

(a)

Storage containers shall be accessory to the approved primary use on the same lot; shall meet accessory building setback; and shall not be stacked;

(b)

Exterior of the storage container shall be maintained structurally intact.

(c)

In the A-1, A-2, and RV zoning districts, on parcels of two (2) or more acres, one storage container shall be permitted for every two (2) acres.

(d)

In the A-1, A-2, and RV zoning districts on parcels of less than two (2) acres; and in the R-1, R-2, R-3, PSF, PMF, PG, R-4, R-5, MH-1, and MHP zoning districts, a storage container shall be allowed to be located on the property for no more than sixty (60) days unless an extension of time is granted by the zoning administrator. Extensions shall be for no more than thirty-day periods and shall be determined case by case, based on the justifications for the needed extension.

Taxidermy.

(a)

The owner of the use shall submit a plan for waste disposal meeting all regulatory requirements.

(b)

Additionally, in the A-1 and A-2 zoning district, the use shall be in or accessory to the primary residence.

Temporary structure.

(a)

The temporary structure shall be for uses incidental to construction work and real estate sales only.

(1)

The temporary structure for construction shall be removed upon completion or abandonment of the construction work.

(2)

The temporary structure for real estate sales shall be removed after eighty (80) percent of the parcels are sold.

(b)

Additionally, in the A-1, A-2 and RV zoning districts, where a manufactured home provides lodging during the construction of the permitted primary dwelling, the manufactured home shall be removed within ninety (90) days of the primary dwelling passing final inspection or being occupied.

Warehouse.

(a)

In the A-1 and A-2 zoning districts:

(1)

All storage shall be located entirely within the structure.

(b)

In the B-1, and PMR zoning districts, the warehouse shall be an accessory structure with no greater footprint than the primary structure.

(c)

In the RV zoning district, the business and the warehouse shall not exceed twelve thousand (12,000) square feet of total floor area.

(d)

In the I-1 and PID zoning districts, the warehouse may include a distribution center and/or store front.

Wind energy systems, large-scale.

(a)

Wind energy conversion systems shall be constructed and operated in locations that minimize adverse safety and environmental impacts. Approval shall not be granted unless it is found in writing that:

(1)

The use will not pose a significant adverse impact to health or public safety, or on the natural resources of the neighborhood;

(2)

There will be no serious hazard to pedestrians or vehicles from the use; and

(3)

Adequate and appropriate facilities will be provided for the proper operation of the wind energy conversion system.

(b)

Wind energy structures shall maintain a painted, coated, or galvanized steel finish, unless FAA standards require otherwise, or if the owner is attempting to have the structure conform to the surrounding environment and architecture, in which case the owner may propose an alternative to reduce visual obtrusiveness.

(c)

Wind energy conversion systems shall not be artificially lighted unless required by the FAA or an appropriate authority.

(d)

The applicant shall provide photo simulations of the proposed wind energy conversion system from at least three (3) different locations. The simulations shall show views of the simulated wind energy structures from locations, such as property lines and roadways, as deemed necessary by the zoning administrator in order to assess the visual impact of the wind energy system.

(e)

After the submission of the official application, the applicant shall conduct balloon testing at the sites identified in the photo simulations. Balloons shall be placed at each site for at least four (4) hours and flown at a height equal to the structure height requested in the application. The total number, locations, and type of balloons will be agreed upon by the county and the applicant. The balloon testing date and time shall be advertised at least two (2) weeks prior to the actual testing date.

(f)

Structures shall not have any signs, writings, or pictures that may be construed as advertising.

(g)

Wind energy conversion systems and temporary meteorological towers will not require a height exception under the provisions of these siting standards.

(h)

The zoning administrator shall provide written notification to the office of a national or state forest, national or state park, wildlife management area, or known historic or cultural resource site, if a proposed wind energy conversion system is within five (5) miles of the boundary of said entity.

(i)

The applicant shall conduct two (2) public information meetings to discuss the development plans and obtain community feedback. The first meeting shall be held prior to application submission. The second meeting shall be held after the application submission but prior to the special use permit public hearing. Both meetings shall be advertised in the local newspaper of record.

(j)

Height.

(1)

The structure height shall not exceed five hundred (500) feet above the existing average grade.

(2)

The BZA may allow the height to exceed the specified limits when, in addition to the requirements set out by the Commonwealth of Virginia for the BZA, the project applicant can demonstrate:

a.

That the additional height is needed and would result in significant additional benefits in terms of energy production and efficiency;

b.

By submission of substantial evidence that such height reflects industry standards for a similarly rated wind energy conversion system; and

c.

That the proposed wind energy conversion system satisfies all other criteria for the granting of a special use permit by the board of supervisors.

(k)

Setbacks and separation.

(1)

The wind energy conversion system shall be set back a distance at least equal to one hundred twenty-five (125) percent of the structure height from all adjoining nonparticipating property lines and a distance equal to one hundred sixty (160) percent of the structure height or eight hundred (800) feet, whichever is greater, from any residential or public use structure on neighboring property and any public use areas as determined by the board of supervisors. These setbacks may be reduced by notarized consent of the owner of the property on which the requested wind energy conversion system is to be erected and the adjoining landowner whose property line or dwelling falls within the specified distance. Additionally, such adjoining landowner must execute a deed of easement for the benefit of the property on which the wind energy conversion system is to be erected prohibiting construction of any new structure on such adjacent property within the specified easement.

(2)

Wind energy conversion systems shall meet all setback requirements for primary structures for the zoning district in which the wind energy conversion system is located in addition to the requirements set forth above.

(3)

The setbacks shall be kept free of all habitable structures as long as the facility is in place; however, these areas need not be cleared of trees or other vegetation. Setbacks shall be measured from the outside surface at the base of the wind energy tower and in a horizontal direction. The board of supervisors may reduce or increase the setbacks as appropriate, based on site-specific considerations, and only after review of substantial evidence, including, but not limited to, detailed engineering reports or product engineering certification, which demonstrate that safety concerns have been adequately addressed and that setbacks have been complied with to the maximum extent practicable.

(4)

Such reduction of required setbacks, if granted, shall not constitute a variance from the zoning ordinance.

(l)

Environmental.

(1)

Wind energy conversion systems shall be located in a manner consistent with all applicable local and state wetlands regulations.

(2)

Wind energy conversion systems shall be designed to minimize land clearing, and shall avoid permanently protected open space when applicable.

(3)

Wind energy conversion systems shall not exceed sixty (60) decibels, as measured at the closest nonparticipating property line. An analysis, prepared by a qualified acoustical engineer, shall be provided to demonstrate compliance with the standard for sound emission. Appropriate sound mitigation measures shall be applied when necessary.

(4)

Wind energy conversion systems shall be sited in a manner that does not result in significant shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on habitable structures through siting or mitigation.

(5)

Wind energy conversion systems shall be designed, constructed, and operated without significant adverse impact to fish, wildlife, or native plant resources, including fish and wildlife habitat, migratory routes, and state or federally listed threatened or endangered fish, wildlife, or plant species, and to meet all state and federal environmental requirements.

(6)

The owner, developer, and operator, jointly and severally, of the wind energy conversion system shall indemnify and hold Rockingham County harmless from any and all costs and expenses, and ordered reimbursements, penalties, and fines, to the greatest extent permissible at law, resulting from any responsibility or liability, or alleged responsibility or liability, of any description under any state or federal law or regulation arising out of the construction or operation of the wind energy system. Costs and expenses, shall include, but not be limited to, costs, expenses and attorney fees incurred in the negotiation and settlement of disputes over alleged liability, as well as those incurred in actual litigation.

(m)

Wind energy conversion systems shall meet or exceed all applicable federal and state standards. If such standards and regulations are changed, then the owners and operators of the wind energy conversion systems governed by this ordinance shall bring such systems into compliance as required. Failure to comply with federal or state standards and regulations shall constitute grounds for condemnation and removal of the noncompliant systems by the County at the owner's or operator's expense.

(n)

Review and approval.

(1)

The board of supervisors shall require a public hearing under the special use permit process for all applications for wind energy conversion systems regulated under this section.

(2)

All state and federal requirements shall be met prior to application for construction of the wind energy structures with the exception of state-approved pre-construction activity. Approval letters shall be included with the application.

(3)

Failure by the applicant, owner, or operator to meet the conditions of the special use permit, or failure to meet the requirements of any state or federal agency shall be grounds for the zoning administrator to revoke the special use permit as outlined in article X, procedures.

(4)

The board of supervisors may submit the application to the Shenandoah Valley Airport Commission for review and comments.

(o)

The applicant shall submit, at the time of application for a special use permit, documentation of the legal right to install and use said property for the proposed facility. Documentation shall include proof of control over the land or possession of the right to use the land in the manner requested. The applicant may redact sensitive financial or confidential information. The zoning administrator may ask that the applicant supply an attorney's opinion letter with documentation.

(p)

The applicant shall submit written documentation that the applicant or his assignee has accepted full financial responsibility for repairs to damage to private roads used during the construction or operation of the proposed facility. Private roads used to access the proposed facility, including roads that serve nonparticipating landowners, shall be restored and maintained to pre-construction conditions during operation of the facility.

(q)

The applicant, owner, and operator shall be required to provide evidence of the availability of liability insurance in an amount sufficient to cover loss or damage to persons and structures occasioned by the failure or use of the facility. Whether or not the applicant is participating in the net metering program, the applicant will be required to meet the insurance coverage requirements set forth in 20 Virginia Administrative Code 5-315-60.

(r)

Application submission, associated fees, and review.

(1)

A completed wind energy conversion system application and all supporting documentation identified in the application filing requirements shall be submitted in accordance with the appropriate special use permit review schedule.

(2)

An application fee as established by the board of supervisors shall be submitted with the wind energy conversion system application.

(3)

Within sixty (60) days of submission, the zoning administrator shall review the application and make a determination of acceptance of a complete application. An incomplete application shall be returned to the applicant for correction and resubmission.

(s)

Within thirty (30) days of acceptance of a complete application, the zoning administrator shall submit said application to an independent consultant for review and recommendations. The cost of these services will be borne by the applicant but included in the application fee.

(t)

The county shall be notified of all modifications to a wind energy conversion system made after issuance of the special use permit. Such modifications shall require approval by the board of supervisors in accordance with the county's process for modifications to special use permit approvals.

(u)

An amendment of the special use permit shall not be required if the proposed changes reflect upgrades in technology in the models or manufacturer of wind turbines. This waiver is allowed only if the extension in the tower height is within fifteen (15) feet of the height granted and all other special use permit regulations and conditions are met.

(v)

As proposed, all requirements are specified to ensure a legally defensible position by the county.

(1)

The applicant shall maintain the wind energy conversion system in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the foundation and support structure and security barrier (if applicable), and maintenance of the buffer areas and landscaping if present. Site access shall be maintained to a level acceptable to the fire chief. The project owner shall be responsible for the cost of maintaining the wind energy conversion system and access road, unless accepted as a public way, and the cost of repairing any damage occurring as a result of operation and construction.

(2)

State of the station report.

a.

The applicant shall provide to the board of supervisors an annual state of the station report. The report shall include a summary of all public information submitted annually to state and federal agencies.

b.

The county administrator and station manager or such other site officer as may be designated shall coordinate a public meeting date upon which a report shall be presented to the governing body.

(3)

Notice shall be provided to the county of any change in ownership of the facility.

(w)

Abandonment or discontinuation of use.

(1)

At such time that a wind energy conversion system is scheduled to be abandoned or discontinued, the owner of the wind energy conversion system shall notify the county by certified U.S. mail of the proposed date of abandonment or discontinuation of operations.

(2)

Within three hundred sixty-five (365) days of the date of abandonment or discontinuation, the owner of the wind energy conversion system shall physically remove the wind energy conversion system. This period may be extended at the request of the owner of the wind energy conversion system and at the discretion of the zoning administrator. Physical removal shall include, but not be limited to:

a.

Removal of the wind turbine and wind energy tower, all machinery, equipment, equipment shelters, security barriers, and all appurtenant structures from the subject property;

b.

Proper disposal of all solid or hazardous materials and wastes from the site in accordance with local and state solid waste disposal regulations;

c.

Restoration of the location of the wind energy conversion system to its natural pre-existing condition, except that any landscaping or grading may remain in the after-condition if a written request is submitted by the landowner to the zoning administrator.

d.

Foundations shall be removed to a depth of four (4) feet below ground level or covered to an equivalent depth with fill material. At the time of removal, the site shall be restored to its pre-existing condition. If a written request is submitted by the landowner to the zoning administrator, then this requirement may be waived or altered for any other legally authorized use. Restoration shall be verified by the zoning administrator.

(3)

If the wind energy conversion system, or any part thereof, is inoperable for more than one hundred eighty (180) days and the owner fails to give such notice to the county, then the wind energy conversion system shall be considered abandoned or discontinued. The county shall determine in its discretion what proportion of the wind energy conversion system is inoperable for the wind energy conversion system to be considered abandoned.

Wind energy systems, small-scale.

(a)

The requirements set forth herein shall govern the siting of small wind energy systems used to generate electricity or perform work which may be connected to the utility grid pursuant to Virginia's net metering laws (section 56-594 Code of Virginia), serve as an independent source of energy, or serve in a hybrid system.

(b)

The requirements for siting and construction of all small wind energy systems regulated by this article shall include the following:

(1)

Small wind energy towers shall maintain a galvanized steel finish, unless FAA standards require otherwise, or if the owner is attempting to conform, the wind energy tower to the surrounding environment and architecture, in which case it may be painted to reduce visual obtrusiveness. A photo simulation may be required.

(2)

Small wind energy systems shall not be artificially lighted unless required by the FAA or appropriate authority.

(3)

Small wind energy towers shall not have any signs, writing, or pictures that may be construed as advertising.

(4)

Small wind energy systems shall not exceed sixty (60) decibels, as measured at the closest property line; however, the level may be exceeded during short-term events such as severe windstorms.

(5)

The applicant shall provide evidence that the proposed height of the small wind energy system tower does not exceed the height recommended by the manufacturer or distributor of the system.

(6)

The applicant shall provide evidence that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states on the application, that the system will not be connected to the electricity grid. This action shall not construe approval for net metering by the electric utility service.

(7)

The applicant shall provide information demonstrating that the system will be used primarily to reduce on-site consumption of electricity.

(8)

The wind energy tower height shall not exceed a maximum height of sixty-five (65) feet on a parcel of less than five (5) acres, or a maximum height of eighty (80) feet on a parcel of five (5) acres or more.

(9)

The minimum distance between the ground and any protruding blades utilized on a small wind energy system shall be fifteen (15) feet, as measured at the lowest point of the arc of the blades. The supporting wind energy tower shall also be enclosed with a six-foot tall fence or the base of the wind energy tower shall not be climbable for a distance of twelve (12) feet.

(10)

The applicant shall provide proof of adequate liability insurance for a small wind energy system. Whether or not the applicant is participating in the net metering program, the applicant shall meet the insurance coverage requirements set forth in 20 Virginia Administrative Code 5-315-60.

(11)

The small wind energy system generators and alternators shall be constructed so as to prevent the emission of radio and television signals and shall comply with the provisions of Section 47 of the Federal Code of Regulations, Part 15 and subsequent revisions governing said emissions.

(c)

Upon receipt of an application for a small wind energy system, the zoning administrator shall send written notification to all adjoining landowners. A decision on the application shall not be made within thirty (30) days of the receipt of the application. Applications requiring a special use permit shall meet all state code requirements for public notification.

(d)

Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the wind energy tower, base, and footings. An engineering analysis of the wind energy tower showing compliance with the uniform statewide building code and certified by a licensed professional engineer shall also be submitted.

(e)

Wind energy systems shall comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

(f)

Building permit applications for wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

(g)

Wind energy systems connected to the utility grid shall comply with the Virginia Administrative Code 20 VAC 5-315: Regulations Governing Energy Net Metering.

(h)

The wind energy system shall be set back a distance at least equal to one hundred ten (110) percent of the structure height from all adjacent property lines and a distance equal at least to one hundred fifty (150) percent of the structure height from any dwelling inhabited by humans on neighboring property. These setbacks may be reduced by notarized mutual consent of the owner of the property on which the requested wind energy system is to be erected and the adjacent landowner whose property line or dwelling falls within the specified distance. Additionally, such adjacent landowner must execute a deed of easement for the benefit of the property on which the wind energy system is to be erected prohibiting construction of any new structure on such adjacent property within the specified easement. Wind energy systems shall meet all setback requirements for primary structures for the zoning district in which the wind energy system is located in addition to the requirements set forth above. Additionally, no portion of the small wind energy system, including guy wire anchors, may extend closer than ten (10) feet to the property line.

(i)

Any wind energy system found to be unsafe by the building official shall be repaired by the owner to meet federal, state, and local safety standards or removed within six (6) months. Any wind energy system that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned and the owner of the system shall remove the turbine within ninety (90) days of receipt of notice from the county instructing the owner to remove the abandoned wind energy system.

Wireless telecommunications facilities.

In the R-1, R-2, R-3, PSF, PMF, R-4, R-5, MH-1, and MHP zoning districts, all wireless telecommunications facilities shall be stealth.

In all zoning districts, wireless telecommunications systems shall meet the following:

(1)

The requirements set forth in this article shall govern the siting of antennas, antenna support structures, and associated facilities unless specifically excluded herein.

a.

This article shall not govern any amateur radio, or its installation, if it is owned and operated by a federally licensed amateur radio station operator and used exclusively for noncommercial purposes.

b.

This article shall not govern any television reception antenna or its installation, if it is less than fifty (50) feet in height and is used exclusively for noncommercial purposes.

c.

This article shall not govern any satellite earth station antenna less than six (6) feet in diameter, which is used for noncommercial purposes.

(2)

The requirements for siting, design, and construction of all wireless telecommunications facilities regulated by this article shall include the following:

a.

All wireless service providers and tower development companies owning and/or operating wireless telecommunication facilities in the county shall submit by February 1 of each year an inventory of their facilities identifying the following:

1.

Antenna support structure owners shall identify the structure location (latitude and longitude), street address, structure type (e.g., monopole, guyed, etc.), structure height, and FCC antenna support registration number. Antenna support structure owners shall identify each antenna located on the structure by owner, antenna type (e.g., panel, stick, dish, etc.), and antenna height (centerline elevation).

2.

Wireless service providers shall identify the structure owner, structure location (latitude and longitude), street address, structure type (e.g., monopole, guyed, etc.), antenna type (e.g., panel, stick, dish, etc.), antenna height (centerline elevation), and broadcast license area.

3.

Antenna support structure owners shall notify the zoning administrator in writing of any change in ownership within forty-five (45) days of this action.

b.

Antenna support structures shall maintain a galvanized steel finish unless required to be painted in accordance with FAA guidelines. Antennas shall be of a neutral, non-reflective color with no logos. Under certain circumstances, the county may request that the structure and ancillary equipment be painted in order to conform the facilities to the surrounding environment and architecture.

c.

The design of wireless telecommunications facilities shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the telecommunications facilities with the natural setting and the built environment.

d.

Antennas and ancillary equipment installed on an adapted support structure shall be of a color that is identical to, or closely compatible with, the color of the structure so as to make the antenna and related equipment as visually unobtrusive as possible.

e.

Antenna support structures shall not be artificially lighted, unless required by the FAA or other regulatory authority. If lighting is required, the county may require the applicant to install special design lighting systems to minimize the visual impacts on surrounding properties.

f.

No advertising of any type may be placed on the antenna support structure or other components comprising the wireless telecommunications facility.

g.

A sign is required displaying the facility owner's name, address, FCC antenna support registration number and emergency contact phone number. The sign shall not exceed four (4) square feet in size and shall be located on the security fence or other approved location.

h.

If the proposed wireless telecommunications facility is located within one (1) mile of a national or state forest, national or state park, wildlife management area, or known historic or cultural resource site, then the zoning administrator shall notify that entity in writing.

i.

Signs warning of electromagnetic energy emissions shall be posted at wireless telecommunication facilities pursuant to FCC regulations.

(3)

A balloon test shall be conducted prior to the public hearing before the board of supervisors for any telecommunications tower that exceeds one hundred (100) feet in height. The date and time shall be posted on the sign. If inclement weather precludes performing the test, an alternate date shall be coordinated with the zoning administrator.

(4)

Application submission, fees and review process.

a.

A completed wireless telecommunications facility application and all supporting documentation, as required herein, shall be submitted in accordance with the appropriate review schedule.

b.

An application fee as established by resolution by the board of supervisors shall be submitted with the wireless telecommunications facility application.

c.

The wireless telecommunications facility application shall be reviewed by the zoning administrator for compliance. An incomplete application shall be returned to the applicant for correction and resubmission.

d.

All telecommunications facilities will be reviewed according to the following provisions:

1.

Applications proposing the following shall be permitted by right and be reviewed and approved by the zoning administrator:

i.

The collocation of antennas on existing antenna support structures provided it does not result in an overall increase in the height of the structure;

ii.

The installation of antennas and equipment on adapted support structures provided the overall increase in height shall not exceed one hundred twenty (120) percent of the structure's height. The installation shall to the extent possible, use materials, colors, textures, and other appropriate techniques to blend the installation with the support structure; and

iii.

The collocation of antennas on public and private utilities in all zoning districts. The antenna's height shall be limited to one hundred twenty (120) percent of the structure's height.

2.

The board of supervisors shall require a public hearing under the special use permit process for all applications for wireless telecommunication facilities not permitted by right.

(5)

Measurement of antenna support structure height for the purpose of determining compliance with the requirements of this article shall include the structure, foundation, and any facilities attached thereto which extend above the top of the structure. The telecommunications facility height shall be measured from ground level.

(6)

Telecommunications facilities shall meet or exceed all applicable federal standards and regulations set forth by the FAA, FCC, and other agencies with the authority to regulate such facilities. If such standards and regulations are changed, then the owners and operators of the telecommunications facilities governed by this article shall bring such telecommunications facilities into compliance as required. Failure to comply with federal standards and regulations shall constitute grounds for condemnation and removal of the noncompliant facilities by the county at the owner's or operator's expense. At time of special use permit application, the applicant shall supply the following reports pursuant to federal requirements:

a.

An air navigation hazard determination report prepared by the FAA.

b.

FCC environmental compliance report prepared in accordance with the National Environmental Policy Act of 1969 (NEPA).

c.

Report describing the impact on historic resources prepared in accordance with Section 106 of the National Historic Preservation Act of 1966 (NHPA). This report should be accompanied by written comment by the state historic preservation office.

(7)

Structural requirements.

a.

Prior to the use or extension of any structure to be used to support antennas, the applicant shall have obtained certification of the structural integrity by a registered professional engineer licensed in the commonwealth and a copy of such report shall be submitted to the county.

b.

Owners of telecommunications facilities shall maintain said facilities such that they are in compliance with standards contained in applicable federal, state, and local building codes and regulations.

(8)

In order to ensure that the county and the City of Harrisonburg public safety radio systems are free from harmful or destructive interference, each applicant requesting a permit to operate a wireless telecommunications facility shall:

a.

Demonstrate compliance with good engineering practices;

b.

Provide the county a copy of all intermodulation studies submitted to the FCC;

c.

Not induce harmful or destructive interference to the county or city public safety radio system;

d.

Comply with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference (RFI); and

e.

Provide the county with a copy of its FCC frequency license.

(9)

The following setbacks and separation requirements shall apply to all wireless telecommunications facilities:

a.

Antenna support structures shall be set back a distance equal to one hundred ten (110) percent of the height of the structure from all adjacent property lines and a distance equal to one hundred fifty (150) percent of the height of the structure from any off-site structures used for human habitation. Setbacks for telecommunications antenna support structures shall be measured from the base of the structure to the property line of the parcel on which it is located and to the nearest corner of the off-site structure, as applicable. The setback from property lines may be reduced by notarized consent of the owner of the property on which the requested telecommunications facility is to be erected and the adjoining landowner whose property line falls within the specified distance. Setback requirements shall not preclude the construction of habitable buildings on adjacent parcels following the construction of the structure.

b.

Wireless telecommunications facilities shall meet all setback requirements for primary structures for the zoning district in which the telecommunications facility is located in addition to the requirements as set forth herein.

c.

Fall zones.

1.

Antenna support structures shall be designed to collapse within the smallest possible area, should structural failure occur.

2.

The applicant shall submit written certification and supporting documentation from a structural engineer to this effect.

(10)

The following requirements shall govern the securing of telecommunications facilities:

a.

Wireless telecommunications facilities shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device unless determined by the county not to be warranted.

b.

If a telecommunications tower or antenna is mounted on an alternative support structure the security fencing shall not be required unless the county determines that its safety requirements are not met without it.

c.

Monopoles and other single-pole structures, standing alone, shall be secured by anti-climbing devices.

(11)

The following requirements for the planting and maintenance of landscaping surrounding telecommunications facilities shall be met.

a.

Telecommunications facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the support buildings and fence from adjacent property. Plant material shall be designed to screen the facility to a height of at least six (6) feet above ground level.

b.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as telecommunications facilities sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer such that landscaping is not warranted.

c.

The applicant is responsible for maintaining all plant material in a healthy condition. Any replacement plants shall be consistent with existing plantings.

(12)

Each applicant proposing wireless telecommunications facilities shall submit the following information as applicable:

a.

The name, address, and telephone number of the applicant. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner, and the name, address, and telephone number of the owner shall be evidenced in the application. The application shall also contain an affirmative statement indicating that both the owner and applicant agree to comply with the provisions regarding abandonment.

b.

The legal description, tax map number, and street address of the parcel of land upon which the structure is proposed.

c.

Written, technical evidence from a structural engineer that the existing or proposed structure meets the standards set forth herein.

d.

Color photo simulations showing, to scale, representations of the proposed structure and associated facilities as it would appear viewed from the closest residential property or properties and from adjacent roadways. A minimum of six (6) photo simulations shall be provided. A map, to scale, shall be supplied identifying the location of each photo. Before and after photo exhibits should be presented. This provision shall not apply to collocation on existing antenna support or installations on adapted antenna support structures.

e.

A surveyed site plan, including a description of the lot lines, showing setbacks, location of adjacent structures, location of the proposed structure, separation distances, elevation view of the structure showing the location of the proposed antennas, landscaping, screening, access, parking, and security.

f.

An acknowledgment that the applicant currently complies and will continue to comply with all FCC standards, including reporting requirements regarding radio frequency emissions.

g.

A radio frequency engineers statement which specifically describes the radio signal coverage area objective, the "hand-off" sites, radio technology being used (e.g., cellular, PCS, SMR, etc.), equipment specifications, propagation modeling software, methodology, and the factors and assumptions used in the analysis.

(13)

Removal of defective or abandoned telecommunications facilities.

a.

Any component of a wireless telecommunications facility found to be defective or unsafe shall be repaired immediately by the owner or operator of such facilities to comply with federal, state, and local safety standards or removed within forty-five (45) days upon written notice at the expense of the owner or operator.

b.

Any component of a telecommunications facility that is not operated for a continuous period of six (6) months shall be considered abandoned, and shall be removed by the owner or operator of such component within ninety (90) days of receipt of notice from the zoning administrator notifying the owner/operator of such removal requirement.

1.

Should the entire wireless telecommunications facility be ordered removed, removal includes the removal of the antenna support structure, fence, buildings, cabinets, and all other above-ground facilities. With the exception of underground fuel storage tanks, below-ground facilities may remain. Equipment buildings may remain with the landowner's approval.

2.

If there are two (2) or more users of a wireless telecommunications facility then this provision shall not become effective until all users cease using the antennas support structure.

3.

If the defective or abandoned facilities are not removed as herein required, the county may either seek court enforcement of such removal or the county may remove the facilities at the expense of the owner or operator as the county, in its sole discretion, determines.

4.

Foundations shall be removed to a depth of two (2) feet below ground level or covered to an equivalent depth with fill material.

Yard sales.

A yard sale shall be limited to a period of no more than three (3) consecutive days and no more than three (3) yard sales in a one-year period.

(P.C. Ord. No. 17-23, 9-27-17; P.C. Ord. No. 18-01, 1-24-18; P.C. Ord. No. 18-08, 6-27-18; P.C. Ord. No. 18-09, 7-11-18; P.C. Ord. No. 19-20, 8-28-19; P.C. Ord. No. 20-01, 1-8-20; P.C. Ord. No. 20-02, 1-8-20; P.C. Ord. No. 20-06, 11-18-20; P.C. Ord. No. 21-02, 1-13-21; P.C. Ord. No. 21-10, 9-22-21; P.C. Ord. No. 21-16c, 11-17-21; P.C. Ord. No. 21-17b, 11-17-21; P.C. Ord. No. 21-18, 11-17-21; P.C. Ord. No. 23-02, 2-22-23; P.C. Ord. No. 23-03, 3-8-23; P.C. Ord. No. 23-04, 4-12-23; P.C. Ord. No. 23-07, 5-24-23; P.C. Ord. No. 23-12, 6-28-23; P.C. Ord. No. 25-09, 6-11-25)

Editor's note— P.C. Ord. No. 17-23, adopted Sept. 27, 2017, repealed § 17-607 in its entirety and enacted a new § 17-607 to read as set out herein. Former § 17-607 pertained to similar subject matter. See the Code Comparative Table for acomplete derivation.