Shenandoah County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE XIA
Environmental Performance Standards
[Added 11-26-1996 by Ord. No. 96-2]
§ 165-85.1 Stream buffers.
[Amended 2-25-2025]
A.
Definitions.[1] As used in this article, the following terms shall have the meanings indicated:
BUFFER
An area of one-hundred-feet width located along both sides of streams as defined herein. The buffer is measured from the nearest stream bank or, if the stream has no defined channel, from the center line of the stream.
DEVELOPMENT
The construction or substantial alteration of residential, commercial, industrial, institutional, recreation, transportation (including parking) or utility facilities or structures or the disturbance of land for such facilities or structures.
LOT, BUILDING
A lot for building and development; not a lot to be used exclusively for agricultural or forestal purposes as defined under § 142-3 of the Subdivision Ordinance.
STREAM
Any perennial stream that is so depicted on the most recent United States Geological Survey seven-and-one-half-minute topographic quadrangle map (scale 1 to 24,000).
SUBSTANTIAL ALTERATION
Expansion or modification of a building or development, existing as of November 26, 1996, that would result in land disturbance exceeding an area of 2,500 square feet.
WATER-DEPENDENT FACILITY
A development of land that must be located within the stream buffer established by this chapter by reason of the intrinsic nature of its operation. These facilities include, but are not limited to, the intake and outfall structures of power plants, water treatment plants, sewage treatment plants and storm sewers; boat docking and landing structures; beaches and other water-oriented recreation areas.
[1]
Editor's Note: See also § 165-4, Definitions.
B.
Buffer protection. In order to reduce nonpoint source pollution of County streams, promote stream bank stability and preserve riparian wildlife habitat, a buffer, as defined in Subsection A, shall be protected from development, except as provided under the exceptions in Subsection E.
C.
Maintenance of buffer vegetation. On all building lots, the buffer shall be maintained in natural or established vegetation managed to protect streams from significant degradation due to land disturbances. Such vegetation shall include native grasses, herbs, shrubs or trees.
D.
Reduction in required yards. When protection of a buffer would prevent development from meeting a required side or rear yard on the opposite side of the lot, that side or rear yard may be reduced by as much as half; provided, however, that said yards may not be reduced to below 10 feet for principle structures or below five feet for accessory structures. Front yards may be reduced to a minimum of 35 feet to allow a stream buffer to be preserved on the opposite side of the lot.
E.
Exceptions. The following exceptions to Subsection B are permitted subject to compliance with the standards of Subsection F:
(1)
Lots platted prior to November 26, 1996. When application of the buffer area would render a lot or parcel recorded prior to November 26, 1996, unbuildable, modification to the width of the buffer area may be permitted by the Zoning Administrator upon submission by the parcel owner of an application demonstrating the lack of reasonable buildable area and in accordance with the following criteria:
(a)
Modification to the buffer area shall be the minimum necessary to provide a reasonable buildable area for a principal structure and necessary utilities.
(b)
Where possible, an area of natural or established vegetation equal to the development area encroaching the buffer area shall be established elsewhere on the parcel in a way to maximize water quality protection.
(c)
The buffer area shall not be reduced to less than 50 feet in width.
(d)
The buffer area preserved may be planted in trees in accordance with a Forest Management Plan prepared by the Virginia Department of Forestry.
(2)
Sewage disposal systems. Sewage disposal systems meeting the standards of § 165-85.2, On-site sewage disposal systems, and Article XVI, Floodplain Regulations, are permitted; provided, however, that encroachment in the buffer is minimized to the extent possible.
(a)
Buffer is reduced to 50 feet for perennial streams not located within the special flood hazard area (SFHA), as defined in Article XVI, Floodplain Regulations, for the purpose of locating, installing, or repairing a sewage disposal system only.
(3)
Recreation paths. Paths not exceeding six feet in width, constructed and surfaced to control erosion, shall be permitted within the buffer and must be located at least 50 feet from the stream, though limited crossings of streams shall be permitted.
(4)
Roads and utilities. Construction, installation, operation and maintenance of roads and utilities shall be permitted in accordance with the following criteria:
(a)
To the degree possible, these facilities shall be located outside the one-hundred-foot buffer, though stream crossings shall be permitted as required.
(b)
Alignment and design of these facilities shall minimize encroachment in the buffer and adverse impacts on water quality.
(5)
Water-dependent facilities. Such facilities are permitted within the one-hundred-foot buffer, provided that they are located and designed to minimize encroachment in the buffer and adverse impacts on water quality.
F.
Standards for development permitted in buffer.
(1)
Any land disturbance for development exceeding an area of 2,500 square feet within the one-hundred-foot buffer shall comply with the provisions of the Sediment and Erosion Control Ordinance.
(2)
Any development within the one-hundred-foot buffer shall require the submission of a site plan in accordance with Article XIV of this chapter.
(3)
All development permitted under this section shall also comply with the provisions of Article XVI, Floodplain Regulations.
G.
Stream reclassification. The reclassification of a stream, as defined, will be considered subject to the following:
(1)
An approved determination letter and delineation map from the Department of Environmental Quality (DEQ) or the U.S. Army Corps of Engineers has been submitted to the Zoning Administrator.
(2)
A reclassification will not alter any regulations stated in Article XVI, Floodplain Regulations.
§ 165-85.2 On-site sewage disposal systems.
[Added 6-25-2002 by Ord. No. 02-11; amended 11-26-2002 by Ord. No. 02-12; 12-12-2006 by Ord. No. 2006-14; 4-14-2020 by Ord. No. 2020-10; 2-25-2025]
A.
Pit privies are not allowed anywhere within the County. Other private installations must meet all requirements of the State Department of Environmental Quality, the State Health Department and any other state or local regulation having authority over such installation.
B.
No lot shall contain more than two sewage disposal sites, unless authorized by action of the Board of Supervisors.
C.
No portion of any drainfield shall be located within 50 feet of the edge of a river, stream, or sinkhole.
D.
For lots created after December 12, 2006, all private sewage disposal systems shall be located entirely on the same parcel as the structure they serve, except by special use permit granted by the Board of Supervisors. Any such off-lot sewage disposal system must be located within a utility easement which shall be sufficient for access, repair and maintenance of the sewage disposal system.
E.
The use of alternative on-site discharging treatment systems (discharging systems) shall not be a permitted source of sewage disposal for any new residential or commercial construction.
F.
Tank abandonment must include one of the following methods, when the same location is not being used:
(1)
Pumped tank(s): Crush in place to prevent water ponding (top and at least one side wall collapsed), sufficiently lime tank walls and sewage exposed soil areas, and backfill with clean soil and compact in place.
(2)
Pumped tank(s): Left in place, sufficiently lime tank walls and sewage exposed soil areas, completely fill with self-leveling inert material (flowable fill, sand, concrete, etc.).
(3)
Emptied tank(s): Unearth and remove from the property and dispose of properly, sufficiently lime sewage exposed soil areas, and fill excavated area with clean soil and appropriately compact.
